EPA
United States
Environmental Protection
Ageisey
Office of Air Quality
Planning and Standards
Research Triangle Park. NC 27711
EPA-453/R-94-062
August 1994
AIT
ENABLING DOCUMENT FOR
NATIONAL EMISSION STANDARDS
FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES:
GENERAL PROVISIONS
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ENABLING DOCUMENT
GENERAL PROVISIONS FOR
NATIONAL EMISSION STANDARDS
FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
40 CFR Part 63
Prepared by
Emission Standards Division
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1994
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DISCLAIMER
This report has been reviewed by the Emission Standards Division
of the Office of Air Quality Planning and Standards, EPA, and
approved for publication. Mention of trade names or commercial
products is not intended to constitute endorsement or
recommendation for use. Copies of this report are available from
National Technical Information Services, 5285 Port Royal Road,
Springfield, Virginia 22161, telephone (703) 487-4650.
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TABLE OF CONTENTS
Page
1.0 INTRODUCTION 1-1
2.0 SUMMARY OF STANDARD 2-1
2.2.1 Summary of Rule 2-1
2.2.2 Differences between requirements for major and
area affected sources 2-21
2.2.3 Permitting requirements identified in the
General Provisions 2-23
3.0 TIMELINE SUMMARY TABLES 3-1
4.0 GENERAL PROVISIONS FOR PART 63 4-1
5.0 IMPLEMENTATION 5-1
List of Tables and Figures
Table 1-1:
Regulation Promulgation Schedule 1-3
Figure 3-1:
Flowchart of Basic Activities for Existing Sources 3-2
Figure 3-2:
Flowchart of Basic Activities for New Sources 3-3
Table 3-1:
Timing of General Provisions Activities 3-4
ii
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1.0 INTRODUCTION
The purpose of this enabling document is to provide
practical information to facilitate the implementation of the
General Provisions for Part 63 air toxics regulations, located in
Subpart A of 40 CFR Part 63. The General Provisions were
promulgated in the Federal Register on March 16, 1994
(59 FR 12408). This document summarizes the contents of the
General Provisions, and it% provides information regarding key
points of interest to agencies affected by the rule. The General
Provisions create the technical and administrative framework for
implementing the national emission standards and programs that
will be established under section 112 of the Clean Air Act (the
Act). The primary functions of the General Provisions are to:
(1) eliminate redundancy in general information that otherwise
would have to be repeated each time a standard is promulgated;
and (2) maintain consistency among national emission standards
for hazardous air pollutants (NESHAP). The primary goal of this
document is to simplify understanding of the General Provisions
in order to enable the Regional Offices of the U.S. Environmental
Protection Agency (EPA) and State and local agencies to implement
and enforce the requirements of the General Provisions.
Section 112 of the Act, which regulates stationary sources
of hazardous air pollutants (HAP), was amended on November 15,
1990. Amended section 112 requires the establishment of national
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emission standards for stationary sources that emit (or have the
potential to emit) one or more of the 189 substances listed as
HAP- In addition, the Act distinguishes between major and area
sources of HAP. Major sources of HAP are those sources that emit
(or have the potential to emit) 10 tons per year or more of any
HAP or 25 tons per year or more of any combination of HAP, and
area sources are sources that are not major sources. Major and
area sources may be regulated differently under the provisions of
section 112.
The EPA has developed a list of source categories that are
potential sources of HAP to be regulated under section 112, and
the schedule for promulgation of technology-based NESHAP for
source categories was published in the Federal Register on
December 3, 1993 (58 FR 63941) (see Table 1-1). Standards for
individual source categories will be published in the Federal
Register and codified in Part 63. When standards for individual
source categories are promulgated, the General Provisions will
automatically apply to affected sources unless some of the
provisions are overridden in the promulgated standards.
The General Provisions establish baseline applicable
requirements for activities such as performance testing,
monitoring, notifications, and recordkeeping and reporting, and
they also implement statutory provisions such as compliance dates
for new and existing sources and preconstruction review
requirements. As stated earlier, the General Provisions apply to
all sources that are affected by Part 63 standards or
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requirements, although certain requirements in the General
Provisions may be overridden in individual standards, when
appropriate. Thus, it is critical that these provisions are well
understood by affected industries and implementing agencies.
This document is divided into five parts including this
introduction. The second chapter summarizes the General
Provisions rule in outline form and gives more detailed
information on issues of particular interest, such as
construction and reconstruction requirements. Chapter 3 provides
tables that summarize the timing of various requirements, and
chapter 4 is a reprint of the promulgated regulation. Chapter 5
of this document describes the implementation plan for the
General Provisions and lists contacts in the EPA's Office of Air
Quality Planning and Standards (OAQPS) and in the Regional
Offices.
TABLE 1-1. CATEGORIES OF SOURCES OF HAZARDOUS AIR POLLUTANTS
AND REGULATION PROMULGATION SCHEDULE BY INDUSTRY GROUP
INDUSTRY GROUP Schedule
Source Category a Date
FUEL COMBUSTION
Engine Test Facilities 11/15/00
Industrial Boilers b 11/15/00
Institutional/Commercial Boilers b 11/15/00
Process Heaters 11/15/00
Stationary Internal Combustion Engines b 11/15/00
Stationary Turbines b 11/15/00
NON-FERROUS METALS PROCESSING
Primary Aluminum Production 11/15/97
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INDUSTRY GROUP
Source Category a
Schedule
Date
Secondary Aluminum Production
Primary Copper Smelting
Primary Lead Smelting
Secondary Lead Smelting 3
Lead Acid Battery Manufacturing
Primary Magnesium Refining
Coke Ovens: Pushing, Quenching, and Battery
Stacks
Ferroalloys Production
Integrated Iron and Steel Manufacturing
Non-Stainless Steel Manufacturing - Electric Arc
Furnace (EAF) Operation
Stainless Steel Manufacturing - Electric Arc
Furnace (EAF) Operation
Iron Foundries
Steel Foundries
Steel Pickling - HCl Process
11/15/97
11/15/97
11/15/97
11/15/94
11/15/00
11/15/00
FERROUS METALS PROCESSING
Coke By-Product Plants
Coke Ovens: Charging, Top Side, and Door Leaks
11/15/00
12/31/92
11/15/00
11/15/97
11/15/00
11/15/97
11/15/97
11/15/00
11/15/00
11/15/97
MINERAL PRODUCTS PROCESSING
Alumina Processing 11/15/00
Asphalt Concrete Manufacturing 11/15/00
Asphalt Processing 11/15/00
Asphalt Roofing Manufacturing 11/15/00
Asphalt/Coal Tar Application - Metal Pipes 11/15/00
Chromium Refractories Production 11/15/00
Clay Products Manufacturing 11/15/00
Lime Manufacturing 11/15/00
Mineral Wool Production 11/15/97
Portland Cement Manufacturing 11/15/97
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TABLE 1-1 (Continued)
INDUSTRY GROUP
Source Category a
Schedule
Date
Taconite Iron Ore Processing
Wool Fiberglass Manufacturing
Miscellaneous Metal Parts and Products
(Surface Coating)
Paper and Other Webs (Surface Coating)
Plastic Parts and Products (Surface Coating)
Printing, Coating, and Dyeing of Fabrics
Printing/Publishing (Surface Coating)
Shipbuilding and Ship Repair (Surface Coating)
Wood Furniture (Surface Coating)
11/15/00
11/15/97
PETROLEUM AND NATURAL GAS PRODUCTION AND REFINING
Oil and Natural Gas Production
11/15/97
11/15/97
11/15/94
Petroleum Refineries - Catalytic Cracking
(Fluid and other) Units, Catalytic Reforming
Units, and Sulfur Plant Units
Petroleum Refineries - Other Sources Not
Distinctly Listed ^
LIQUIDS DISTRIBUTION
Gasoline Distribution (Stage 1) 9 11/15/94
Organic Liquids Distribution (Non-Gasoline) 11/15/00
SURFACE COATING PROCESSES
Aerospace Industries !
Auto and Light Duty Truck (Surface Coating)
Flat Wood Paneling (Surface Coating)
Large Appliance (Surface Coating)
Magnetic Tapes (Surface Coating) 9
Manufacture of Paints, Coatings, and Adhesives
Metal Can (Surface Coating)
Metal Coil (Surface Coating)
Metal Furniture (Surface Coating)
11/15/94
11/15/00
11/15/00
11/15/00
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/94
11/15/94
11/15/94
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TABLE 1-1 (Continued)
INDUSTRY GROUP
Source Category a
FOOD AND AGRICULTURE PROCESSES
Baker's Yeast Manufacturing
Cellulose Food Casing Manufacturing
Vegetable Oil Production
Schedule
Date
WASTE TREATMENT AND DISPOSAL
Hazardous Waste Incineration
Municipal Landfills
Publicly Owned Treatment Works (POTW) Emissions
Sewage Sludge Incineration
Site Remediation
11/15/00
11/15/00
11/15/95
11/15/00
11/15/00
11/15/94
Solid Waste Treatment, Storage and Disposal
Facilities (TSDF)
AGRICULTURAL CHEMICALS PRODUCTION
4-Chloro-2-Methylphenoxyacetic Acid Production 11/15/97
2,4-D Salts and Esters Production 11/15/97
4,6-Dinitro-o-Cresol Production 11/15/97
Captafol Production c 11/15/97
Captan Production c 11/15/97
Chloroneb Production 11/15/97
Chlorothalonil Production c 11/15/97
Dacthal (tm) Production c 11/15/97
Sodium Pentachlorophenate Production 11/15/97
Tordon (tm) Acid Production c 11/15/97
FIBERS PRODUCTION PROCESSES
Acrylic Fibers/Modacrylic Fibers Production 11/15/97
Rayon Production 11/15/00
Spandex Production 11/15/00
11/15/00
11/15/00
11/15/00
PHARMACEUTICAL PRODUCTION PROCESSES
Pharmaceuticals Production c
11/15/97
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TABLE 1-1 (Continued)
INDUSTRY GROUP
Source Category a
Schedule
Date
POLYMERS AND RESINS PRODUCTION
Acetal Resins Production 11/15/97
Acrylonitrile-Butadiene-Styrene Production 11/15/94
Alkyd Resins Production 11/15/00
Amino Resins Production 11/15/97
Boat Manufacturing 11/15/00
Butadiene-Furfural Cotrimer (R-ll) c 11/15/00
Butyl Rubber Production 11/15/94
Carboxymethylcellulose Production 11/15/00
Cellophane Production 11/15/00
Cellulose Ethers Production 11/15/00
Epichlorohydrin Elastomers Production 11/15/94
Epoxy Resins Production n 11/15/94
Ethylene-Propylene Rubber Production 11/15/94
Flexible Polyurethane Foam Production 11/15/97
Hypalon (tm) Production c 11/15/94
Maleic Anhydride Copolymers Production 11/15/00
Methylcellulose Production 11/15/00
Methyl Methacrylate-Acrylonitrile-Butadiene- 11/15/94
Styrene Production c
Methyl Methacrylate-Butadiene-Styrene 11/15/94
Terpolymers Production c
Neoprene Production 11/15/94
Nitrile Butadiene Rubber Production 11/15/94
Non-Nylon Polyamides Production n 11/15/94
Nylon 6 Production 11/15/97
Phenolic Resins Production 11/15/97
Polybutadiene Rubber Production c 11/15/94
Polycarbonates Production c 11/15/97
Polyester Resins Production 11/15/00
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TABLE 1-1 (Continued)
INDUSTRY GROUP
Source Category a
Schedule
Date
Polyethylene Terephthalate Production 11/15/94
Polymerized Vinylidene Chloride Production 11/15/00
Polymethyl Methacrylate Resins Production 11/15/00
Polystyrene Production 11/15/94
Polysulfide Rubber Production c 11/15/94
Polyvinyl Acetate Emulsions Production 11/15/00
Polyvinyl Alcohol Production 11/15/00
Polyvinyl Butyral Production 11/15/00
Polyvinyl Chloride and Copolymers Production 11/15/00
Reinforced Plastic Composites Production 11/15/97
Styrene-Acrylonitrile Production 11/15/94
Styrene-Butadiene Rubber and Latex Production c 11/15/94
PRODUCTION OF INORGANIC CHEMICALS
Ammonium Sulfate Production - Caprolactam
By-Product Plants
Antimony Oxides Manufacturing
Chlorine Production c
Chromium Chemicals Manufacturing
Cyanuric Chloride Production
Fume Silica Production
Hydrochloric Acid Production
Hydrogen Cyanide Production
Hydrogen Fluoride Production
Phosphate Fertilizers Production
Phosphoric Acid Manufacturing
Quaternary Ammonium Compounds Production
Sodium Cyanide Production
Uranium Hexafluoride Production
11/15/00
11/15/00
11/15/97
11/15/97
11/15/97
11/15/00
11/15/00
11/15/97
11/15/00
11/15/00
11/15/00
11/15/00
11/15/97
11/15/00
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TABLE 1-1 (Continued)
INDUSTRY GROUP
Source Category a
Schedule
Date
PRODUCTION OF ORGANIC CHEMICALS
Synthetic Organic Chemical Manufacturing e 11/15/92
MISCELLANEOUS PROCESSES
Aerosol Can-Filling Facilities
Benzyltrimethylammonium Chloride Production
Butadiene Dimers Production
Carbonyl Sulfide Production
Chelating Agents Production
Chlorinated Paraffins Production c
Chromic Acid Anodizing 9
Commercial Dry Cleaning (Perchloroethylene)
- Transfer Machines
Commercial Sterilization Facilities 9
Decorative Chromium Electroplating 9
Dodecanedioic Acid Production c
Dry Cleaning (Petroleum Solvent)
Ethylidene Norbornene Production c
Explosives Production
Halogenated Solvent Cleaners 9
Hard Chromium Electroplating 9
Hydrazine Production
Industrial Cleaning (Perchloroethylene)
- Dry-to-dry machines
Industrial Dry Cleaning (Perchloroethylene)
- Transfer Machines
Industrial Process Cooling Towers f
OBPA/l,3-Diisocyanate Production c
Paint Stripper Users
Photographic Chemicals Production
Phthalate Plasticizers Production
11/15/00
11/15/00
11/15/97
11/15/00
11/15/00
11/15/00
11/15/94
11/15/92
11/15/94
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
11/15/94
11/15/94
11/15/00
11/15/92
11/15/92
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
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TABLE 1-1 (Continued)
INDUSTRY GROUP
Source Category a
Schedule
Date
Plywood/Particle Board Manufacturing 11/15/00
Polyether Polyols Production 11/15/97
Pulp and Paper Production 11/15/97
Rocket Engine Test Firing 11/15/00
Rubber Chemicals Manufacturing 11/15/00
Semiconductor Manufacturing 11/15/00
Symmetrical Tetrachloropyridine Production c 11/15/00
Tire Production 11/15/00
Wood Treatment 11/15/97
CATEGORIES OF AREA SOURCES d
Asbestos Processing 11/15/94
Chromic Acid Anodizing 9 11/15/94
Commercial Dry Cleaning (Perchloroethylene) 11/15/92
- Dry-to-Dry Machines
Commercial Dry Cleaning (Perchloroethylene) 11/15/92
- Transfer Machines
Commercial Sterilization Facilities 9 11/15/94
Decorative Chromium Electroplating 9 11/15/94
Halogenated Solvent Cleaners 9 11/15/94
Hard Chromium Electroplating 9 11/15/94
a Only major sources within any category shall be subject to
emission standards under Section 112 unless a finding is made of
a threat of adverse effects to human health or the environment
from the area sources in a category. All listed categories are
exclusive of any specific operations or processes included under
other categories that are listed separately.
b Sources defined as electric utility steam generating units
under Section 112(a)(8) shall not be subject to emission
standards pending the findings of the study required under
Section 112(n)(1).
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c Equipment handling specific chemicals for these categories or
subsets of these categories are subject to a negotiated standard
for equipment leaks contained in the HON, which was proposed on
December 31, 1992. The HON includes a negotiated standard for
equipment leaks from the SOCMI category and 20 non-SOCMI
categories (or subsets of these categories). The specific
processes affected within the categories are listed in Section
XX.XO(c) of the March 6, 1991 Federal Register notice (56 FR
9315) .
d A finding of threat of adverse effects to human health or the
environment was made for each category of area sources listed.
The following footnotes apply to source categories that are
subject to court ordered promulgation deadlines (differing from
the above listed regulatory deadlines) in accordance with a
consent decree entered in Sierra Club v. Browner. Case No. 93-
0124 (and related cases) (D.C. Dist. Ct.).
e judicial deadline: 02/28/94
f judicial deadline: 07/31/94
9 judicial deadline: 11/23/94
h judicial deadline: 02/28/95
i judicial deadline: 04/30/95
J judicial deadline: 05/31/95
k judicial deadline: 06/30/95
1 judicial deadline: 07/31/95
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2.0 SUMMARY OF STANDARD
This chapter provides a summary of the major provisions in
the General Provisions, organized by section and paragraph. The
intent of this summary is to provide an overview of the
significant types of requirements included in the General
Provisions and the organization of these requirements in the
rule. The text of the regulation should be referenced for
further details about particular requirements.
In addition, this chapter provides specific information
regarding aspects of the General Provisions that are of interest
to implementing agencies concerned about area and major source
requirements. A summary of the differences between requirements
for major and area affected sources is included after the
regulation summary, and this is followed by provisions that
identify situations where an owner or operator may be required to
obtain a permit.
2.2.1 SUMMARY OF RULE
S 63.1 Applicability
(a) General
Explains where and how terms are defined. Explains purpose
and content of Part 63.
Establishes that Part 63 requirements do not supersede
other, more stringent EPA requirements (e.g., NSPS or
existing NESHAP) or more stringent State requirements.
States that special provisions set forth under an applicable
Subpart of Part 63 supersede any conflicting provisions of
Subpart A.
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Explains content and applicability of Subparts A, D, and E.
Describes how to obtain the most current list of source
categories.
Gives general information about when and where to mail
submittals.
Allows changes in specified time periods, deadlines, and
review periods by mutual agreement between the owner or
operator and the Administrator.
States that all requirements established pursuant to section
112 [including case-by-case maximum achievable control
technology (MACT) determinations, "equivalent" State rules,
etc.] will have the force and effect of requirements
established under Part 63 and will be federally enforceable.
Sources subject to all such requirements will also be
subject to the general provisions, unless otherwise
specified.
(b) Initial applicability determination for Part 63.
Explains how to determine if a source is affected by
Part 63.
Informs the owner or operator that he or she may also be
required to obtain a title V permit.
Informs owners or operators who determine that their sources
are not subject to a relevant standard or requirement under
Part 63 that they must keep a record of the applicability
determination. (NOTE: The EPA plans to delete this
requirement in upcoming amendments to the General
Provisions.)
(c) Applicability of Part 63 after a relevant standard has been
set under this part.
Requires the owner or operator of an affected source subject
to a Part 63 standard to comply with the general provisions
and the provisions of that standard.
States that the Administrator will specify in emission
standards established in Part 63 for area sources whether:
• States may exclude affected area sources from title V
permitting requirements;
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• States may defer permitting of area sources until the
Administrator makes a determination by rulemaking; or
• Affected area sources are immediately subject to
permitting requirements.
Establishes that if a standard does not specify affected
area sources permitting responsibilities, then these sources
are subject to permitting requirements without deferral.
Establishes that owners or operators with a compliance
extension under Subpart D must comply with all Part 63
requirements except those that are specifically overridden
in the compliance extension.
Requires area sources that increase their emissions to
become major sources and therefore subject to a relevant
standard, to comply with the notification requirements of
Subpart A of Part 63.
(d) [RESERVED]
(e) Applicability of permit program before a relevant standard
has been set under this part.
After the effective date of an approved title V permit
program in the State in which a stationary source is (or
would be) located, the owner or operator of such source may
be required to obtain a title V permit from the permitting
authority in that State before a relevant standard is
established under Part 63.
5 63.2 Definitions
This section includes definitions of terms needed to
implement section 112. Some of the definitions come from the
statute, and some were created.
Some key terms and definitions to become familiar with are:
affected source
area source
federally enforceable
major source
potential to emit
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S 63.3 Units and abbreviations
This section includes units and abbreviations needed to
implement section 112.
S 63.4 Prohibited activities and circumvention
(a) Prohibited activities.
Prohibits a subject source from operating in violation of
Part 63 requirements without a compliance extension or an
exemption from compliance.
Prohibits owners or operators subject to Part 63 from
failing to keep records, notify, report, or revise reports
as required under Part 63.
Requires sources to comply with Part 63 requirements
regardless of whether those requirements have been included
in a title V permit for the source.
(b) circumvention.
States that intentional or unintentional concealment of an
emission that would otherwise violate a standard is itself a
violation. This includes, but is not limited to, the use of
diluents and fragmentation of operations (e.g., dilution is
not an acceptable means of compliance).
(c) Severability.
Establishes that Part 63 standards are enforceable
independently of title V permit requirements.
S 63.5 Construction and reconstruction
(a) Applicability.
Limits applicability of the preconstruction provisions under
section 112(i)(l) in this section to after a standard has
been promulgated and to sources constructed or reconstructed
between proposal and promulgation that start up after
promulgation. (NOTE: The EPA plans to amend section 63.5
to delete the requirement for preconstruction review for
sources constructed or reconstructed before promulgation of
a standard.)
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States that requirements for constructed or reconstructed
sources that are or become subject to a relevant standard
other than preconstruction review requirements are included
in this section.
Establishes applicability of this section to new or
reconstructed sources.
(b) Requirements for existing, newly constructed, and
reconstructed sources. ^
Constructed or reconstructed affected sources are subject to
standards for new sources.
After an emission standard is promulgated, Administrative
approval must be received, in advance, to construct a new
major affected source, reconstruct a major affected source,
or reconstruct a major source such that it becomes a major
affected source that is subject to that standard. In
addition, after an emission standard is promulgated, any
source that is subject to that standard must notify the
Administrator of intended construction or reconstruction
projects, regardless of whether the source is a major source
or whether an applicable title V permit program is
effective.
After an emission standard is promulgated, a subject source
may not operate except in compliance with the general
provisions and the applicable standard, unless the source is
operating with a compliance extension or an exemption from
compliance.
After an emission standard is promulgated, all physical and
operational changes to a subject source, within the scope of
the definition of "affected source" under the relevant
standard, must comply with the standard. This covers
physical and operational changes that may not be covered by
the provisions implementing section 112(g), e.g., at area
sources. In addition, if a new affected source is added, it
will be subject to all the provisions in the relevant
standard for new sources.
(C) [RESERVED]
(d) Application for approval of construction or reconstruction.
Identifies the statutory authority [section 112(i)(l)] for
these provisions and distinguishes them from those that will
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implement section 112(g). Instructs owners and operators
subject to the requirement for preconstruction review as to
where and when to submit their applications for approval.
Lists required contents of the applications.
(e) Approval of construction or reconstruction.
Establishes statement of broad criteria on which approval of
application will be based and establishes administrative
procedures and timelines for reviewing and approving (or
denying) applications for approval of construction or
reconstruction.
Maintains owner or operator's compliance responsibilities,
regardless of the Administrator's approval of the
application to construct or reconstruct.
(f) Approval of construction or reconstruction based on prior
State preconstruction review.
Establishes procedures and criteria allowing the
Administrator to approve construction or reconstruction
applications that have already gone through a State
preconstruction review process.
§ 63.6 Compliance with standards and maintenance requirements
(a) Applicability.
Establishes that operation and maintenance requirements
under this section apply to all sources affected by
"relevant standards," including promulgated emission
standards and case-by-case MACT determinations (except when
a source has a compliance extension or an exemption from
compliance).
This section also applies to area sources that increase
their emissions such that they become major sources and
subject to the relevant standard(s).
(b) Compliance dates for new and reconstructed sources.
Gives compliance dates for new and reconstructed sources
that start up either before or after the promulgation date
of a relevant standard. Gives special compliance dates for
sources affected by sections 112(i)(2) and (i)(7).
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Gives compliance dates for area sources (new or
reconstructed, previously unaffected) that increase their
emissions such that they become major sources subject to the
relevant standard(s).
(c) Compliance dates for existing sources.
States that relevant subparts will establish the compliance
dates for existing sources, not to exceed 3 years after
promulgation. Also, gives compliance date for existing
sources subject to residual risk standards.
Gives compliance dates for existing area sources that
increase their emissions such that they become major sources
and therefore subject to the relevant standard(s).
(d) [RESERVED]
(e) Operation and maintenance requirements.
Requires owners and operators to operate and maintain any
affected source, including associated air pollution control
equipment, at all times, including periods of startup,
shutdown, and malfunction, in a manner consistent with good
air pollution control practices for minimizing emissions at
least to the levels required by all relevant standards.
Requires malfunctions to be corrected as soon as practicable
after their occurrence in accordance with the startup,
shutdown, and malfunction (S/S/M) plan required in paragraph
(e)(3) of this section.
States that operation and maintenance requirements
established pursuant to section 112 of the Act are
independently enforceable.
Explains how the Administrator will determine whether
acceptable operation and maintenance procedures are being
used.
Requires development and implementation of a written S/S/M
plan to ensure that these purposes are met.
Specifies the required contents of the S/S/M plan.
Establishes requirements and procedures for implementation
of the plan.
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Establishes recordkeeping and reporting requirements for
S/S/M periods and reduces recordkeeping burden by avoiding
unnecessary duplication of effort for the source.
(f) Compliance with non-opacity emission standards.
Specifies that excess emissions during periods of S/S/M will
not be considered violations of standards, unless otherwise
specified in an applicable standard.
States how the Administrator will determine compliance with
standards.
Reduces performance testing burden on sources by allowing
previous test results to be re-used in certain
circumstances.
Explains how the Administrator will make a finding
concerning an affected source's compliance with a non-
opacity emission standard.
(g) Use of an alternative non-opacity emission standard.
Establishes procedures for an owner or operator to request
an alternative standard pursuant to sections 112(h)(3) and
(h)(1) that, respectively, allow the Administrator to
promulgate alternatives to design, equipment, work practice,
or operational emission standards established under
section 112(h) after notice in the FEDERAL REGISTER (i.e.,
federal rulemaking).
(h) Compliance with opacity and visible emission standards.
Establishes that opacity and visible emissions standards
apply except during periods of S/S/M and as otherwise
specified in an applicable standard.
Explains how the Administrator will determine compliance
with standards.
Gives default requirements for use of test methods and
continuous opacity monitors to determine compliance.
Reduces performance testing burden on sources by allowing
previous test results to be re-used in certain
circumstances.
Gives detailed requirements for when and how opacity or
visible emission tests must be conducted and how continuous
opacity monitoring data may be used and must be reported.
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Explains how the Administrator will make a finding
concerning an affected source's compliance with an opacity
or visible emission standard.
Establishes procedures for the adjustment of opacity
standards on a source-specific basis if the appropriate
conditions are met by the source. The new standard must be
promulgated in the FEDERAL REGISTER, and the source
subsequently will be subject to the adjusted standard.
(i) Extension of compliance with emission standards.
Establishes administrative procedures and timelines to
implement compliance extensions for existing sources that
are unable to install controls by the required compliance
dates for MACT and residual risk standards, pursuant to
sections 112(i)(3)(B) and (f)(4)(B) of the Act,
respectively.
Establishes the administrative procedures and timelines to
implement compliance extensions for early reductions and for
sources who install best available control technology (BACT)
or technology to attain a lowest achievable emission rate
(LAER), pursuant to sections 112(i)(5) and (i)(6).
Requires the owner or operator of an affected source who has
requested a compliance extension and who is required to get
a title V permit, to apply to have the permit revised to
incorporate the conditions of the compliance extension.
(j) Exemption from compliance with emission standards.
Sources may receive a Presidential exemption from compliance
with a standard for 2 years if the technology is not
available and it is in the interests of national security to
do so.
S 63.7 Performance testing requirements
(a) Applicability and performance test dates.
Specifies that section applies to owners or operators
required to do performance testing or another form of
compliance demonstration under a relevant standard.
Specifies when performance tests must be conducted.
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States that performance tests may be required at other times
as well by request of the Administrator.
(b) Notification of performance test.
Establishes requirement to give the Administrator advance
notification of the performance test date.
Establishes procedures to be followed in case of delay of
the test due to unforeseeable circumstances.
(c) Quality assurance program.
Establishes a quality assurance (QA) program to ensure the
validity of performance test data. Consistent with
requirements already established in CFR appendices for
various test methods.
Requires development of site-specific test plan before
conducting a required performance test and requires owner or
operator to do a performance audit during performance tests.
Requires the owner or operator to submit the site-specific
test plan for approval at the request of the Administrator.
Establishes broad criteria for internal and external QA
programs.
Establishes administrative procedures and timelines for
reviewing and approving the test plan.
Establishes procedures for obtaining performance test audit
materials from the Administrator.
Maintains owner or operator's compliance responsibilities.
(d) Performance testing facilities.
Requires owner or operator to provide performance testing
facilities. Lists specific facilities which must be
provided.
(e) Conduct of performance tests.
Specifies requirements for conducting performance tests and
opportunities for exceptions. Performance tests may not be
conducted during periods of startup, shutdown, and
malfunction since these periods are not representative of
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performance. Specifies that "representative performance"
means "normal operating conditions" for the purpose of
conducting performance tests.
(f) Use of an alternative test method.
Establishes allowance and procedures and timelines for
request and approval of alternative test methods (different
from those specified in standards).
(g) Data analysis, recordkeeping, and reporting.
Specifies that the results of a performance test include the
analysis of samples, determination of emissions, and raw
data. Defines when performance test is completed.
Specifies when and where performance test results must be
reported, and requires performance test results to be
submitted with the notification of compliance status.
Establishes 5-year recordkeeping requirement for performance
test results and other relevant data.
(h) Waiver of performance tests.
Establishes allowance and procedures for approving waivers
of performance tests.
Maintains the Administrator's authority in general and
specifically, maintains Administrator's authority to cancel
the performance test waiver.
§ 63.8 Monitoring requirements
(a) Applicability.
This section applies to the owner or operator of an affected
source required to do monitoring under a relevant standard.
Continuous monitoring systems (CMS) required by standards
are subject to performance specifications and other
requirements promulgated in CFR appendices.
Additional control device requirements may be specified in
S 63.11.
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(b) Conduct of monitoring.
Specifies general information about how monitoring must be
conducted and gives exceptions.
Specifies how required CMS must be used for various effluent
situations.
Specifies reporting requirements when more than one CMS is
used.
(c) Operation and maintenance of continuous monitoring systems.
Specifies general operation and maintenance requirements for
CMS, when breakdowns or malfunctions must be repaired,
associated reporting requirements, and how the Administrator
will determine whether acceptable operation and maintenance
practices are being followed.
(d) Quality control program.
Establishes a quality control (QC) program to ensure the
validity of monitoring data, and establishes the minimum
required procedures for the QC program.
Requires a CMS QC program for required monitors, including
the development of a site-specific performance evaluation
test plan prior to performance tests and detailed procedures
for collecting, analyzing, and reporting data and
maintaining monitors.
Specifies recordkeeping requirement for current and
superseded versions of the QC program, including provision
to reduce the recordkeeping burden by avoiding unnecessary
duplication of effort for the source.
(e) Performance evaluation of continuous monitoring systems.
Specifies that performance evaluations of CMS may be
required by an applicable standard and at any time by the
Administrator.
Specifies the notification requirements for performance
evaluations.
Requires the development, and submission upon request by the
Administrator, of a site-specific performance evaluation
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test plan. Outlines the general information and procedures
to be included in the test plan.
Establishes procedures and timelines for approval (if
requested by the Administrator) of the site-specific
performance evaluation test plan.
Maintains owner or operator's compliance responsibilities.
Specifies when and how the performance evaluation is to be
conducted and associated reporting requirements of
evaluation results.
(f) Use of an alternative monitoring method.
Establishes administrative procedures and timelines to
implement the allowance to use alternative monitoring
methods from those, specified in standards. Specifies when
such an allowance may be appropriate.
(g) Reduction of monitoring data.
Establishes requirement for the owner or operator of each
CMS to reduce the monitoring data. Specifies the data
reduction methodology to be used.
Specifies that CMS monitoring data is not required to be
included in data averages during periods of unavoidable CMS
breakdowns, out-of-control periods, repairs, maintenance
periods, calibration checks and low and high-level
adjustments.
§ 63.9 Notification requirements
(a) Applicability and general information.
The requirements in this section apply to owners and
operators of affected sources that are subject to the
provisions of Part 63, unless specified otherwise in a
relevant standard, or unless the source is operating under a
compliance extension or an exemption from compliance.
Reduces the reporting burden and unnecessary duplication of
effort for the source by allowing owner or operator to send
the Administrator a copy of a notification sent to the State
to satisfy the requirements of this section for that
notification.
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Specifies where notifications should be sent before and
after permit programs are effective.
Specifies that after a State has been delegated authority to
implement these provisions, EPA Regional Offices may waive
the duplicate submittal of notifications.
(b) Initial notifications.
Specifies when sources are subject to notification
requirements.
Specifies that area sources that increase their emissions
such that they become major sources and subject to a
relevant standard are subject to notification requirements.
Sources will be considered "major" until they can
demonstrate that they are not. Sources will be considered
subject to Part 63 standards until they demonstrate that
they should not be subject.
Allows sources that submit an application for approval of
construction or reconstruction under § 63.5(d) to use the
application to fulfill their notification requirements.
Requires initial notification of applicability. Specifies
required contents of the notification and when the
notification must be submitted.
New and reconstructed sources that are not required to
undergo preconstruction review must notify of intent to
construct or reconstruct, and of their applicability status.
(c) Request for extension of compliance.
Repeats requirement for submitting compliance extension
requests.
(d) Notification that source is subject to special compliance
requirements.
Repeats notification requirements for new and reconstructed
sources subject to special compliance dates allowed for in
the Act.
(e) Notification of performance test.
Repeats requirement to notify of upcoming performance test.
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Notification of opacity and visible emission observations.
Repeats requirement to notify of upcoming opacity
observations.
(g) Additional notification requirements for sources with
continuous monitoring systems.
Notification requirements pertaining to continuous
monitoring systems.
(h) Notification of compliance status.
Specifies requirement to notify of compliance status after a
required performance test, including when to notify and
.contents of certified notification, before and after source
has a title V permit.
Requires sources that submit estimates in the application
for approval of construction or reconstruction to submit
actual emissions data as soon as available, and no later
than with the initial notification of compliance status.
(i) Adjustment to time periods or postmark deadlines for
aubmittal and review of required communications.
Establishes the administrative procedures for implementing
allowance to make changes in specified time periods,
deadlines, and review periods by mutual agreement between
the owner or operator and the Administrator.
(j) Change in information already provided.
Requires any change in information already provided under
this section to be provided to the Administrator in writing
within 15 calendar days after the change.
S 63.10 Recordkeeping and reporting requirements.
(a) Applicability and general information.
Explains that the requirements of this section apply to
owners or operators of affected sources who are subject to
the provisions of this part, unless specified otherwise in a
relevant standard.
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Affected sources operating under a compliance extension
granted under Subpart D are not subject to the requirements
of this section.
Reduces the reporting burden by allowing owner or operator
to send the Administrator a copy of a report sent to the
State to satisfy the requirements of this section for that
report.
Specifies where reports must be sent before and after title
V permit programs are effective. Specifies that after a
State has been delegated authority to implement these
provisions, EPA Regional Offices may waive the requirement
for duplicate submittal of reports.
Reduces reporting burden by allowing flexibility for owner
or operator to adjust reporting deadlines to be consistent
with State requirements.
Reduces reporting burden by allowing flexibility for owner
or operator to adjust reporting deadlines if source is
affected by more than one standard under amended section
112.
Reduces reporting burden by allowing flexibility for owner
or operator to adjust reporting deadlines if source is
affected by more than one standard under Parts 60, 61,
and/or 63.
Allows changes in specified time periods, deadlines, and
review periods by mutual agreement between the owner or
operator and the Administrator.
(b) General recordkeeping requirements.
Specifies data retention and availability requirements for
required records. Also specifies acceptable media for data
storage.
Lists information and types of events for which owners and
operators must keep records. Establishes a requirement for
owners or operators of sources who determine that their
source is not subject to a relevant standard or other
requirement to keep a record of the applicability
determination.
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(<=) Additional recordkeeping requirements for sources with
continuous monitoring systems.
Lists additional required records for sources with
continuous monitorinq systems.
Reduces recordkeepinq burden on source by avoidinq
duplication of effort.
(d) General reporting requirements.
Lists reportinq requirements for results of performance
tests, results of opacity or visible emission observations,
proqress reports for compliance extensions (if required),
and periodic and immediate S/S/M reports.
(e) Additional reportinq requirements for sources with
continuous monitorinq systems.
Restates some requirements that appear earlier in the
qeneral provisions.
Establishes requirement for periodic excess emissions and
CMS reports and summary reports for sources required to use
continuous monitorinq systems, includinq content and
frequency of reports.
Reduces reportinq burden by allowinq flexibility for sources
to reduce frequency of required, periodic reports if they
have a qood compliance record. Establishes administrative
procedures and timelines for implementinq this allowance.
Requires that sources resume oriqinal reportinq frequency as
soon as they are out of compliance with any emission limit
or operatinq parameter.
(f) Waiver of recordkeepinq or reportinq requirements.
Allows owner or operator to apply for a waiver of a
recordkeepinq or reportinq requirement under certain
circumstances, and establishes administrative procedures to
implement this allowance.
S 63.11 Control device requirements
(a) Applicability.
Contains requirements for control devices used to comply
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with provisions in the relevant standards; applies only to
affected sources covered by relevant standards that refer
directly or indirectly to this section. Only flares are
addressed in this section.
(b) Flares.
Specifies control device requirements for flares.
S 63.12 State authority and delegations
Retains State authorities to establish more stringent
requirements and to require preconstruction review and
permitting to construct and operate a source, and to require
emissions reductions in excess of those specified in
Subpart D as a condition for granting the compliance
extension under section 112 (i) (5).
Introduces Administrator's authority to delegate
responsibilities to States under section 112(1). Provides
cross-reference to provisions contained in
Subpart E for implementing the section 112(1) program.
(c)
Requires that all information submitted to the EPA under
this part also be submitted to the delegated State
authority. The Administrator may permit some information to
be submitted only to the State agency, instead of to both
the EPA and the State.
S 63.13 Addresses of State air pollution control agencies and
EPA Regional Offices
(*)
Requires that all communications submitted to the
Administrator under this part be addressed to the EPA
Regional Offices. Includes list of addresses for Regional
Offices.
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(b)
Requires that information submitted to the EPA also be
submitted to the delegated State; the Regional Offices may
be contacted for the addresses of State agencies.
(c)
Provides that a copy of information required to be submitted
to a State agency may be provided to the EPA if that
information will satisfy EPA requirements.
§ 63.14 Incorporations by reference
(b)
Lists materials that are incorporated by reference in the
corresponding sections noted in the text. Identifies where
these items are available for inspection by the public.
Lists specific incorporations and cross-references.
Identifies where these items may be purchased by the public,
S 63.15 Availability of information and confidentiality
(a) Availability of information. _
Specifies that with the exception of information protected
through Part 2 of chapter I of title 40 of the CFR, all
information collected by the Administrator under Part 63 is
available to the public, consistent with protections
recognized in section 503 (e) of the Act.
Specifies particular reports and other information that are
available to the public.
(b) Confidentiality. _
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)
apply to such information.
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The contents of a title V permit are not 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.
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2.2.2 DIFFERENCES BETWEEN REQUIREMENTS FOR MAJOR AND AREA
AFFECTED SOURCES UNDER PART 63 GENERAL PROVISIONS
All affected sources are subject to the general provisions,
and most requirements are the same for major and area sources.
However, some differences are identified below.
Permitting requirements
• Major sources are required to obtain a title V permit.
• The permitting requirements of affected area sources will be
addressed on a standard-specific basis. Emission standards
promulgated for area sources will specify whether:
• States may exclude affected area sources from permitting
requirements;
• States may defer permitting requirements for affected area
sources; or
• Affected area sources are immediately subject to
permitting requirements. If a standard does not specify,
then affected area sources are immediately subject to
permitting requirements.
Preconstruction review
• After promulgation of a standard, an owner or operator who
plans to construct or reconstruct an affected major source
must undergo preconstruction review and get written approval
from the Administrator before commencing the
construction/reconstruction [§ 63.5(b)(3), (d), and (e)].
• After promulgation of a standard, an owner or operator who
plans to construct or reconstruct an affected area source
must notify the Administrator of intended
construction/reconstruction, but preconstruction review is
not required [§ 63.5(b)(4)J.
Area sources that become major
• Any new area source that increases its emissions to become a
major affected source must comply with the standard upon
becoming a major source.
• Any existing area source that becomes a major affected
source must comply with the standard by the date specified
in the relevant standard for existing (area) sources.
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Notifications
Owner or operator of new or reconstructed affected source
not required to submit an application for approval of
construction/ reconstruction (an area source) must notify
the Administrator in writing that the source is subject to
the relevant standard within 120 days after startup.
[§ 63.9(b)(3)]
Owner or operator of new or reconstructed major affected
source that starts up after the effective date of a relevant
standard and for which an application for approval of
construction/ reconstruction is required must submit a list
of information as specified in § 63.9(b)(4). This includes:
• notification of intent to construct or reconstruct with
the application for approval of construction/
reconstruction;
• notification of date when construction/reconstruction was
commenced with the application for approval of
construction or reconstruction, if commenced before the
effective date of the relevant standard;
• notification of date when construction/reconstruction was
commenced, if commenced after the effective date of the
relevant standard;
• notification of anticipated date of startup; and
• notification of actual date of startup.
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2.2.3 PERMITTING REQUIREMENTS IDENTIFIED IN THE GENERAL
PROVISIONS
S 60.i(C) • owner or operator of an affected facility may
be required to obtain a title V operating
permit.
§ 61.01(d) • Owner or operator of an affected facility may
be required to obtain a title V operating
permit.
§ 63.1(b)(2) • Owner or operator of a source that emits or
has the potential to emit any HAP and is
subject to any federally enforceable
requirement under Part 63, may be required to
obtain a title V operating permit.
§ 63.1(c)(2) • If a relevant standard has been established
under Part 63, owner or operator of an
affected source may be required to obtain a
title V operating permit. Emission standards
promulgated for area sources will specify
whether:
• States may exclude affected area sources from
permitting requirements;
• States may defer permitting requirements for
affected area sources; or
• Affected area sources are immediately subject
to permitting requirements. If a standard
does not specify, then affected area sources
are immediately subject to permitting
requirements.
§ 63.1(e) • After the effective date of a permit program
in a State, the owner or operator of a source
in such State may be required to obtain a
title V permit before a relevant standard is
established under Part 63.
§ 63.4(a)(3) • After the effective date of a permit program
in a State, owner or operator of an affected
source in that State who is required to get a
permit, must operate the source in compliance
with the requirements of the permit program
(as well as with the provisions of Part 63).
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Permitting Requirements (continued)
S 63.6(e)(3)(i) • An affected source's startup, shutdown,
malfunction plan must be incorporated by
reference into the source's title V permit.
(NOTE: The EPA plans to delete this
provision in upcoming amendments to the
General Provisions.)
§ 63.6(i)(4)(A) • The conditions of an extension of compliance
granted under paragraph § 63.6(i) must be
incorporated into the source's title V
permit.
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3.0 TIMELINE SUMMARY TABLES
This chapter of the enabling document summarizes the timing
of General Provisions requirements for existing sources and new
or reconstructed sources in tabular form. The intent of this
table is to provide implementing agencies with an overview of the
deadlines and timing requirements for activities required under
the General Provisions. Two flowcharts depicting the sequence of
activities that must be undertaken by existing and new affected
sources are also included in this chapter.
3-1
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Rgure 3-1, Sequence of Activities for Existing Sources
(with timing requirements)
*
•a
LLJ
z
LU
o
5
8
.
8l
RELEVANT STANDARD
PROMULGATED
i
DETERMINE IF SOURCE
IS NEW OR EXISTING
Did
re/construction
commence after RS
roposal?
NEW SOURCE
DETERMINE PTE
Dooa
standard apply to
rea sources
IS
SOURCE
MAJOR?
SUBMIT INITIAL NOTIFICATION
COMPLY WITH
EXISTING SOURCE
MACT
r$CE TEST
ER
See chart on
following page
KEEP RECORD OF
APPUCABILITY
DETERMINATION*
NO FURTHER
COMPLIANCE
OBLIGATIONS
(unless status of
source changes)
SUBMIT REPORT OF
COMPLIANCE STATUS
* The EPA plans to delete this requirement In
upcoming amendments to the General Provisions.
** Individual standards may require compliance
In less than 3 years; Early Reductions may
qualify sources for a longer compliance period.
3-2
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HI « « "
-7 < a. .
a
LU
8
O ft 3
N«5
*- W M
8
u
S
I
M
in
Rgure 3-2. Sequence of Activities for New Sources
(with timing requirements)
RELEVANT STANDARD
PROMULGATED
Does
standard apply to
rea sources
Submit application
for approval of
construction or
reconstruction
i
Submit notification
of intent to
construct or
reconstruct
COMPLY WITH
NEW SOURCE MACT
i
SUBMIT INITIAL NOTIFICATION
i
PERF
U
DEMO
£ TEST
ON
SUBMIT REPORT OF
COMPLIANCE STATUS
KEEP RECORD OF
APPLICABILITY
DETERMINATION*
NO FURTHER
COMPLIANCE
OBLIGATIONS
(unless status of
source changes)
* The EPA plans to delete this requirement In
upcoming amendments to the General Provisions,
3-3
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
Construction and Reconstruction
63.5(d)(l)(
i)
Owner/operator (O/o) submit application
for approval of construction or
reconstruction
As soon as
practicable
before
construction or
reconstruction
that commences
after the
effective date;
as soon as
practicable but
at least 60 days
after the
effective date
for sources that
commence
construction or
reconstruction
before the
effective date
63.5(e)
i)
Administrator response period to
approve application or notify o/o of
intent to deny begins when the
submittal is complete
Within 60 days;
status report to
o/o within 30
days of receipt
of original
application or
supplementary
info.
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
63.5(e)(2)(
ii)
63.5(e)(3)(
ii)
63.5(e)(4)
Activity
O/o respond with additional information
to Administrator's notice of incomplete
application
O/o respond with additional information
to Administrator's notice of intent to
deny application
Final action by Administrator on
application
Timeline
Within 30 days
Within 30 days
Within 60 days
from presentation
of final
arguments or
within 60 days
after date
specified for
presentation if
none is made
Existing
New or
Reconst.
Sources
X
X
X
Compliance with Standards and Maintenance
63.6(b) (1)
63.6(b) (2)
If initial startup before effective
date of relevant standard (RS) - o/o
comply with RS effective date
If initial startup after effective date
of RS - o/o comply with standard under
112(d) , 112(f) , or 112 (h)
RS effective date
At startup of
source
X
X
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.6(b)(3)
Construction or reconstruction is after
proposal under 112(d), 112(f) , or
112(h) but before effective date (if
promulgated standard more stringent
than proposed and o/o complies with
proposed standard during 3-year period
immediately after effective date) - o/o
shall comply with final standard
No later than
3 years after
promulgation date
63.6(b)(4)
Construction or reconstruction is after
proposal of RS under 112(d) but before
proposal date of RS under 112(f) - o/o
shall comply with emission standard
under 112(f)
No later than
10 years after
construction or
reconstruction
commenced unless
112(f) is
promulgated more
than 10 years
after
construction or
reconstruction
commenced [then
refer to (b)(1),
X
63.6(b)(7)
Any new area source that becomes an
affected major source -o/o shall comply
Upon becoming a
major source
X
63.6(c)(1)
O/o shall comply with standard under
112(d) or 112(h)
Compliance date
in RS not to
exceed 3 years
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.6(C)(2)
O/o shall comply with standard under
No later than
90 days after
standard's
effective date
63.6(c)(5)
Any existing area source that becomes a
major source
By the date
specified in the
RS for existing
(area) sources
63.6(e)
iv)
If actions taken during startup,
shutdown, or malfunction (SSM) are not
consistent with SSM plan
Report actions
within 2 working
days with letter
following within
7 working days
after the end of
the event
63.6(e)(3)(
viii)
O/o shall revise the SSM plan if a
malfunction occurs that is not
addressed in the plan
Within 45 days
after the event
X
X
63.6(h)(4)
O/o shall notify Administrator of
anticipated date for conducting opacity
or visible emissions observations
60 days before
observations
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.6(h)(5)(
Opacity or visible emissions
observations: If no performance test
required under §63.7, observations
shall be conducted
Within 60 days
after achieving
maximum
production rate
and no later than
120 days after
initial startup
or effective date
of RS
63.6(h)(5)(
Opacity or visible emissions
observations: If no performance test
required under §63.7, observations
shall be conducted
Within 120 days
after compliance
date
63.6(h)(5)(
If unable to perform opacity/visible
emission observations within time
frame, reschedule
As soon as
possible, but not
later than
30 days after
initial
performance test
date
X
63.6(h)(7)(
ii)
If o/o submits COM3 data for compliance
with opacity emission standard, notify
Administrator in writing
Simultaneous with
notification of
performance test
X
X
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.6(i)(4)
O/o request for extension of compliance
with RS under 112(d) [not to exceed
1 year (3 years if mining waste
operations)—see 63.6(i)(4)(i)(A)]
No later than
12 months before
compliance date
if no emission
points in an
emissions
average; no later
than 18 months if
including
emission points
63.6(i)(4)
ii)
Request for extension of compliance
with RS under 112(f) (maximum of
2 years)
No later than
15 days after
effective date of
RS
X
63.6(i)(5)
Request for extension of compliance
with RS when BACT or LAER controls
installed [until 5 years after
installation—see 63.6(i)(2)(ii)]
No later than
120 days after
promulgation date
of RS
63.6(i)(12)
(i)
Administrator/State will notify o/o of
approval or intention to deny request
for extension of compliance under
Within 30 days of
receipt of
sufficient
information
X
63.6(i)(12)
(i)
Administrator/State will notify o/o of
status of application [112(d)]
Within 30 days
after receipt of
original
information/
supplementary
information
3-9
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TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.6(1)(12)
(ii)
O/o shall submit supplementary
information if required [112(d)]
Within 30 days of
notice from
Administrator
63.6(i)(12)
(iii)
(B)
If o/o is notified of intent to deny
extension, o/o may present additional
information or arguments [112(d)]
Within 15 days
from receipt of
notice of intent
to deny
63.6(i)(12)
(iv)
Final determination of denial due
30 days after
presentation of
information or
arguments; or
30 days after the
final date
specified for
presentation
63.6(i)(13)
(i)
Administrator will notify o/o of
approval or intent to deny for RS under
112(f) after receipt of sufficient
information
Within 30 days
63.6(i)(13)
(i)
Administrator will notify o/o of status
of application [112(f)]
Within 15 days
after receipt
63.6(i)(13)
(ii)
O/o is allowed to present additional
information/arguments [112(f)]
Within 15 days
after
notification
X
3-10
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
63.6(1) (13)
(iii)
(B)
63.6(1) (13)
(iv)
Activity
Administrator will notify o/o of intent
to deny with o/o allowed to present
additional information/arguments
[112(f)]
Administrator will make final
determination [112(f)]
Timeline
Within 15 days
Within 30 days
after final date
of presentation
Existing
X
X
New or
Reconst.
Sources
Performance Testing Requirements
63.7(a) (2)(
i)
63.7(a) (2) (
ii)
63.7(a) (2) (
iii)
63.7(a) (2)(
iv)
63.7(a) (2) (
v)
Performance test required for new
source with initial startup date before
effective date
Performance test required for new
source that has an initial startup date
after effective date
Performance test required for existing
source under 112 (d) standard
Performance test required for existing
source under 112 (f) standard
Performance test required after
termination of compliance extension
Within 180 days
after effective
date of RS
Within 180 days
after initial
startup
Within 180 days
after compliance
date in RS; or
within 180 days
after initial
startup
Within 180 days
after compliance
date
Within 180 days
after termination
date
X
X
X
X
X
3-11
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.7(a)(2)(
vi)
Performance test required for new
source subject to RS under Il2(f) and
construction/ reconstruction is
commenced after proposal date of
standard under 112(d) but before
proposal date of RS under 112(f)
Within 180 days
after compliance
date
63.7(a)(2)(
ix)
Conduct performance testing - if
promulgated standard stricter than
proposed
Within 180 days
after startup (as
proposed) and
within 3 years
and 180 days
after startup (as
promulgated); or
comply with
promulgated
standard within
180 days
63.7(b)(l)
O/o shall notify Administrator of
intention to conduct performance test
At least 60 days
before
performance test
is conducted
X
63.7(b)(2)
O/o shall notify Administrator of delay
in test due to unforeseeable
circumstances and specify revised test
dates
Within 5 days
prior to
originally
scheduled test
date
X
3-12
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.7(C)(2)(
iv)
O/o shall submit site-specific test
plan (SSTP) to Administrator upon
request
At least 60 days
before
performance test
is conducted or
at a mutually
agreed upon
schedule
63.7(c)(3)(
i)
Administrator will notify o/o of
approval or intent to deny SSTP (if
review of SSTP requested)
Within 30 days
after receipt of
plan and within
30 days after
receipt of
additional
information
63.7(c)(3)(
O/o may provide additional information
after notice of intent to deny (if
review of SSTP requested)
Within 30 days
after receipt of
notice of intent
to deny
X
63.7(c)(3)
If the Administrator does not approve
SSTP within time period specified in
63.7(c)(3)(i), and the o/o intends to
use the methods specified in the
standard, the o/o shall conduct test
Within the time
specified in this
section
X
X
63.7(C)(3)(
ii)(B)
If the Administrator does not approve
use of alternative method within
30 days of the test, the test date may
be extended
Within 60 days
after approval
X
3-13
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
63.7(C)(4)(
i)
63.7(f)(2)(
i)
63.7(g)(l)
63.7(h)(3)(
i)
63.7(h)(3)(
ii)
Activity
O/o shall request performance audit
materials
If o/o uses alternative test method
other than in RS, the o/o shall notify
the Administrator of intent and submit
results of Method 301 validation
Report results of performance test
including analysis of samples, raw
data, and emissions determination
Request waiver of initial performance
test
Request waiver of subsequent
performance test
Timeline
45 days prior to
test date
No later than
with submission
of SSTP; or at
least 60 days
before the
performance test
if a SSTP is not
submitted
Within 60 days
after each test
is completed
Accompany request
for extension of
compliance; or at
least 60 days
before
performance test
if SSTP not
submitted
At least 60 days
before the
performance test
Existing
X
X
X
X
X
New or
Reconst.
Sources
X
X
X
X
X
Monitoring Requirements
63.8(c)(l) (
i)
O/o shall repair any routine CMS
malfunctions as defined by SSM plan
Immediately
X
X
3-14
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.8(c)(l)(
ii)
O/o shall provide initial notification
followed by a follow-up report that
certifies nonroutine CMS repairs are
complete or provides a corrective
action plan and schedule
Initial report
within 24 hours
after commencing
actions
inconsistent with
the plan; follow-
up report within
2 weeks
63.8(c)(3)
CMS shall be installed, operational,
and data verified
Either prior to
or in conjunction
with performance
test
X
X
63.8(C)(6)
O/o shall check the zero and high level
calibration drifts of CMS
Once daily
X
X
63.8(d)(2)
O/o shall submit a site-specific
performance evaluation test plan for
CMS performance upon request
See (e)(3)
X
63.8(d)(3)
Quality Control Program: O/o using CMS
system and subject to monitoring shall
develop CMS quality control program
Current version
on file; keep
previous versions
for 5 years
63.8(e)(2)
O/o shall notify Administrator of date
of CMS performance evaluation
Simultaneous with
notification of
performance test
under §63.7(b) or
at least 60 days
prior to
evaluation
X
3-15
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.8(e)(3)(
iii)
O/o shall submit site-specific
performance evaluation test plan upon
request
At least 60 days
before the
performance test
or performance
evaluation is
conducted or at a
mutually agreed
upon schedule
63.8(e)(3)(
v)(A)
If the Administrator does not approve
the site-specific performance
evaluation plan within the time period
specified and the o/o intends to use
monitoring methods specified in the
standard, the o/o shall conduct the
performance evaluation
Within time
specified in
63.7(c)(3)
63.8(e)
V) (B)
If the Administrator does not approve
use of the alternative method within
30 days of the performance evaluation,
o/o may receive extension to conduct
evaluation
60 days after
approval
63.8(e)(4)
If a performance test is not required,
or has been waived, the o/o shall
conduct performance evaluation
No later than
180 days after
compliance date
X
X
3-16
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.8(e)(5)(
i)
O/o shall submit results of performance
evaluation
Simultaneous with
results of
performance test
under §63.7 or
within 60 days of
completion of
evaluation if no
test required
63.8(e)(5)
ii)
For COM3, submit to Administrator
copies of written report of results of
COM3 performance evaluation if being
used for opacity compliance
At least 15 days
before
performance test
under §63.7
X
63.8(f)(4)(
i)
Request for use of an alternative
monitoring method may be submitted to
Administrator
Anytime, provided
it is not used to
demonstrate
compliance with
RS
3-17
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
63.8(f) (4)(
i)
63.8(f)(5)(
i)
63.8(f) (5)(
i)(B)
63.8(f) (6)(
iii)
Activity
If alternative monitoring method is to
be used to demonstrate compliance with
RS, submit application
Administrator will notify o/o of
approval or intent to deny use of
alternative monitoring method
O/o may respond with additional
information to the Administrator's
notice of intent to deny
O/o shall notify Administrator if the
source exceeds the relative accuracy
test criterion
Timeline
No later than
with SSTP under
§63.7(c) (if
requested) or
with site-
specific
performance
evaluation plan
(if requested) or
at least 60 days
before the
performance
evaluation
Within 30 days of
receipt of
original request
or additional
information
As specified by
the Administrator
Within 10 days of
occurrence
Existing
X
X
X
X
New or
Reconst.
Sources
X
X
X
X
Notification Requirements
3-18
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.9(b)(2)
If source has initial startup before
effective date of RS, o/o shall notify
Administrator that the source is
subject to standard
No later than
120 days after
effective date
63.9(b)(3)
If source has initial startup after
effective date and application for
approval of construction or
reconstruction is not required, o/o
shall notify Administrator that source
is subject to standard
No later than
120 days after
initial startup
63.9(b)(4)
If initial startup is after effective
date and application for approval of
construction or construction is
required, o/o shall notify
Administrator of:
Intent to construct/reconstruct
As soon as
practicable
before
construction or
reconstruction
but no sooner
than the
effective date of
standard
X
When construction/reconstruction
commenced
No later than
30 days after
commencement
3-19
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
Anticipated date of startup
No more than
60 days, nor less
than 30 days
before startup
Actual date of startup
Within 15 days
after startup
63.9(b)(5)
After the effective date of RS, if o/o
intends to construct/reconstruct, o/o
shall notify Administrator
As soon as
practicable
before
construction or
reconstruction
but no sooner
than the
effective date of
standard
63.9(b)(5)
O/o shall notify the Administrator if
construction/reconstruction has
commenced and initial startup has not
occurred before effective date
As soon as
practicable
before
construction or
reconstruction
but no later than
60 days after
effective date of
standard
63.9(c)
If o/o cannot comply with RS by
compliance date or if the o/o has
installed BACT/LAER, may submit a
compliance extension request
In accordance
with §63.6(i)(4)
through (i)(6)
X
3-20
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.9(d)
If o/o is subject to special compliance
requirements [§63.6(b)(3) and (4)],
o/o shall notify Administrator of
compliance obligations
No later than
notifications
listed in 63.9(b)
for new sources
63.9(e)
Notify Administrator of intent to
conduct performance test
60 days before
test
63.9(f)
Notify Administrator of anticipated
date for conducting opacity or visible
emission observations if required by RS
Submit with
notice of intent
to conduct
performance test
(60 days prior)
X
X
63.9(f)
Opacity or visible emissions
observations: If no performance test
required under § 63.7, or visibility or
other conditions prevent observations,
notify Administrator
No less than
30 days before
observations
X
X
63.9(g)(l)
If required to use CMS, notify the
Administrator of the date CMS
performance evaluation is scheduled to
begin
Simultaneous with
notification of
test date under
§63.7(b)
63.9(g)(1)
If performance test not required or
waived, notify Administrator of the
date of performance evaluation
60 days before
evaluation
63.9(g)(2)
Notify Administrator if COM3 data will
be used to determine compliance with
opacity emission standard
60 days before
performance test
X
3-21
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.9(g)(3)
Notify Administrator if criterion
necessary to continue use of
alternative accuracy testing has been
exceeded
No later than
10 days after
occurrence
63.9(h)(2)(
ii)
If not permitted, notify Administrator
of compliance status following
completion of the relevant compliance
demonstration activity specified in the
RS
Within 60 days,
unless notifying
compliance with
opacity or
visible emission
standard, which
shall be
submitted within
30 days
63.9(h)(3)
If permitted, notify Administrator of
compliance status following completion
of the relevant compliance
demonstration activity specified in the
RS
Within schedules
established by
operating permit,
including those
of RS
63.9(h)(5)
If o/o submits estimates or preliminary
information in application for approval
of construction/reconstruction, submit
actual information
With initial
notification of
compliance status
63.9(i)(2)
If an o/o wishes to change a time
period or postmark deadline, request
the adjustment
As soon as
practicable
before subject
activity
3-22
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
63.9(i)(3)
63.9(j)
Activity
The Administrator will respond to the
request to change a specified time
period
Any change in information already
provided to Administrator under §63.9
shall be provided to Administrator
Timeline
Within
15 calendar days
of receipt of
information
Within 15 days
after the change
Existing
X
X
New or
Reconat.
Sources
X
X
Recordkeeping and Reporting Requirements
63.10(d) (2)
63.10(d) (3)
63.10(d) (3)
63.10(d) (4)
63.10(d) (5)
(i)
O/o shall report results of performance
tests
O/o shall report opacity or visible
emission observations
If no performance test required or
visibility or other conditions exist
which prevent observations, o/o shall
report
If o/o submits progress reports for
extension of compliance
O/o shall submit SSM report (if all
actions taken are consistent with SSM
plan)
Within 60 days
following test
With results of
performance test
Within 30 days
following
observations
Submit by dates
specified in
extension
Semiannually or
simultaneous with
excess emissions
and CMS
performance
reports
X
X
X
X
X
X
X
X
X
X
3-23
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
63.10(d) (5)
(ii)
63.10(e) (2)
(i)
63.10(6) (2)
(ii)
63.10(6) (3)
(i)
Activity
O/o shall submit SSM report (if any
action taken is not consistent with SSM
plan)
O/o using CMS shall submit to
Administrator written report of the
results of CMS performance evaluation
O/o using COMS to determine opacity
compliance shall submit to
Administrator results of COMS
performance evaluation
O/o required to install a CMS shall
submit an excess emissions and CMS
performance report and/ or summary
report to Administrator —
Except: If more frequent reporting is
specified in RS
Except: If CMS data are used for
direct compliance determination and
excess emissions occur
Except: If Administrator determines
that more frequent reporting required
Timeline
Report actions
within 2 working
days followed by
written report
within 7 working
days
Simultaneous with
performance test
results
Within 15 days
before the
performance test
required
Semiannually
RS requirement
Quarterly
Case-by-case
Existing
X
X
X
X
X
X
X
Nev or
Reconst.
Sources
X
X
X
X
X
X
X
3-24
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.10(e)(3)
(ii)
If RS calls for quarterly report, o/o
may reduce submittal of excess
emissions and CMS performance report to
semiannual if o/o meets certain
requirements
Semiannual
63.10(e)(3)
(iii)
If Administrator denies request to
reduce frequency of reporting,
Administrator will notify o/o
Within 45 days
after receiving
notice from o/o
63.10(e)(3)
(v)
Submit excess emissions and monitoring
system performance reports and summary
reports (if required)
Postmarked by the
30th day
following end of
each calendar
half or quarter
63.10(e)(3)
(vii)
Submit summary report only if excess
emissions or control system parameter
exceedances for reporting period are
less than 1 percent of total operating
time for reporting period and CMS
downtime for reporting period is less
than 5 percent of total operating time
for reporting period
Same as (e) (3)(v)
63.10(e)(3)
(viii)
Submit summary report, excess
emissions, and COM3 performance report
if excess emission or process or
control system parameter exceedances
are 1 percent or greater or CMS
downtime is 5 percent or greater
Same as (e) (3) (v)
3-25
-------
TABLE 3-1. TIMING OF GENERAL PROVISIONS ACTIVITIES
Section
Activity
Timeline
Existing
New or
Reconst.
Sources
63.10(6)(4)
O/o using COM3 shall record and submit
to Administrator monitoring data
produced during performance test under
§63.7
Submit with
performance test
results under
§63.10(d)(2)
63.10(f)(3)
If o/o requests waiver of R&R
requirements
Submit with
request for
extension of
compliance,
compliance
progress report,
compliance status
report, in
source's permit,
or in excess
emission and CMS
performance
report
63.10(f)(4)
Administrator will approve or deny
request for waiver when he/she
Approves or
denies extension
of compliance;
makes
determination of
compliance; or
makes
determination of
progress towards
compliance
X
3-26
-------
4.0 GENERAL PROVISIONS FOR PART 63
The following is a reprint of the General Provisions
published in the Federal Register on March 16, 1994
(59 FR 12408).
4-1
-------
Wednesday
March 16, 1994
r ii i
=- s
Part II
Environmental
Protection Agency
40 CFR Part 60 et ai.
National Emission Standards for
Hazardous Air Pollutants for Source
Categories: General Provisions; Final
-------
12408 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[FRL-4846-7]
RIN 2060-^AC98
National Emission Standards for
Hazardous Air Pollutants for Source
Categories: General Provisions
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: On August 11.1993. the EPA
proposed General Provisions for
national emission standards for
hazardous air pollutants (NESHAP) and
other regulatory requirements pursuant
to section 112 of the Clean Air Ad as
amended in 1990 (the Act). This action
announces the EPA's final decisions on
the General Provisions.
The General Provisions, located in
sub part A of part 63. codify general
procedures and criteria to implement
emission standards for stationary
sources that emit (or have the potential
to emit) one or more of the 189
substances listed as hazardous air
pollutants (HAP) in or pursuant to
section 112(b) of the Act. Standards for
individual source categories are being
developed separately, and they will be
codified in other subpans of pan 63.
When sources become subject to
standards established for individual
source categories in other subparts of
part 63. these sources also must comply
with the requirements of the General
Provisions, except when specific
General Provisions are overridden by
the standards.
This action also amends subpart A of
pans 60 and 61 to bring them up to date
with the amended Act and. where
appropriate, to make them consistent
with requirements in subpart A of part
63.
DATES: Effective Date. March 16.1994.
Judicial Review. Under section
307(b)(l) of the Act. judicial review of
NESRAP is available only by filing a
petition for review in the U. S. Court of
Appeals for the District of Columbia
Circuit within 60 days of today's
publication of this final rule. Under
section 307(b)(2) of the Act. the
requirements that are the subject of
today's notice may not be challenged
later in civil or criminal proceedings
brought by the EPA to enforce these
requirements.
Incorporation by Reference: The
incorporation by reference of certain
publications in these General Provisions
is approved by the Director of the Office
of the Federal Register as of March 16.
1994.
ADDRESSES: Docket. Docket No. A-91-
09. containing information considered
by the EPA in developing the
promulgated General Provisions, is
available for public inspection and
copying between 8 a.m. and 4 p.m..
Monday through Friday, including all
non-Government holidays, at the EPA's
Air and Radiation Docket and
Information Center, room M1500. U.S.
Environmental Protection Agency. 401
M Street. SW.. Washington, DC 20460;
telephone (202) 260-7548. A reasonable
fee may be charged for copying.
Background Information Document. A
background information document (BID)
for the promulgated General Provisions
may be obtained from the National
Technical Information Services. 5285
Port Royal Road. Springfield. Virginia
22161; telephone (703) 487-4650. Please
refer to "General Provisions for 40 CFR
Part 63. Background Information for
Promulgated Regulation" (EPA-450/3-
91-019b). The BED contains: (1) a
summary of the public comments made
on the proposed General Provisions and
responses to the comments and (2) a
summary of the changes made to the
General Provisions as a result of the
Agency's responses to comments that
are not addressed in this Federal
Register notice.
FOR FURTHER INFORMATION CONTACT: Ms.
Shirley Tabler, Standards Development
Branch. Emission Standards Division
(MD-13). U.S. Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone (919) 541-
5256.
SUPPLEMENTARY INFORMA1K3H: The
information presented in this preamble
is organized as follows:
L Background
E. Summary of Major Changes Since Proposal
ID. Public Participation
IV. Significant Comments and Changes to the
Proposed General Provisions
A. Applicability Determinations
B. Potential to Emit
C Relationship of General Provisions to
Other Clean Air Act Requirements
D. Monitoring and Performance Testing
Requirements
E. Construction and Reconstruction
F. Operation and Maintenance
Requirements: Startup. Shutdown, and
Malfunction Plans
G. Recordkeeping and Reporting
Requirements
V. Administrative Requirements
I. Background
Section 301 of title UJ of the Clean Air
Act Amendments of 1990, Public Law
101-549. enacted on November 15.
1990. substantially amended section 112
of the Act regarding promulgation of
NESHAP. These NESHAP are to b«
established for categories of stationary
sources that emit one or more of the 189
HAP listed in or pursuant to section
112(b). Each standard established for a
source category will be codified in a
subpart (or multiple subparts) of part 63.
In order to eliminate the repetition of
general information and requirements
within these subparts. General
Provisions that are applicable to all
sources regulated by subsequent
standards in part 63 have been
developed. The General Provisions have
the legal force and effect of standard:..
and they may be enforced
independently of relevant standards, if
appropriate.
The General Provisions codify
procedures and criteria that will be used
to implement all NESHAP promulgated
under the Act as amended November
15. 1990. The provisions include
administrative procedures related to
applicability determinations (including
new versus existing and area versus
major sources), compliance extensions.
and requests to use alternative means of
compliance. In addition, general
requirements related to compliance-
related activities outline the
responsibilities of owners and operators
to comply with relevant emission
standards and other requirements. The
compliance-related provisions include
requirements for compliance dates.
operation and maintenance
. requirements, methods for determining
compliance with standards, procedures
for performance testing and monitoring.
and reporting and recordkeeping
requirements. Finally, the EPA is
promulgating amendments to the
General Provisions for parts 60 and 61
to address new statutory requirements
and. where appropriate, to make
portions of these existing regulations
consistent with the part 63 General
Provisions.
Owners or operators who are subject
to a subpart promulgated for a specific
source category under sections 112(d),
112(f). or 112(h) of the Act are also
subject to the requirements of the
General Provisions. The General
Provisions also will be incorporated, as
appropriate, into requirements
established under other section 112
authorities {e.g., the early reduction
program and case-by-case control
technology determinations).
Nevertheless, in the development of a
part 63 emission standard applicable to
a specific source category, the EPA may
determine that it is appropriate that tie
subpart contain provisions that override
one or more requirements of the General
Provisions. When this occurs, the EPA
will describe in the subpart exactly
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Federal Register / Vol. 59. No. SI / Wednesday. March 16. 1994 / Rules and Regulations
124O9
which requirements of the General
Provisions are applicable to the specific
source category and which requirements
have been overridden. If there is a
conflict between a specific requirement
in me General Provisions and a specific
requirement of another subpart in part
63. the specific requirement of the
subpart will supersederthe General
Provisions.
IT. Summary of Major Changes Since
Proposal
In response to comments received on
the proposed General Provisions.
numerous changes have been made in
the final rule. A. significant number of
these are clarifying changes, designed to
make the Agency's Latent clearer as
requested by commenters. In addition.
many changes have been made jn the.
anal rule wherever reasonable to reduce
the paperwork burden on sources
affected by part 63 NESHAP and on
State agencies that will implement part
63 NESHAP once they have been
delegated the authority to do so.
Substantive changes made «nr«
proposal which have a broad impact on
the regulated community *>"»* will be
subject to the General Provisions are
summarized in this section of the
preamble. These, and other substantive
changes made since proposal, are
described in more detail in the
following sections. The Agency's
responses to public comments that are
not addressed in thu preamble and a
summary of resulting rhanyt in the
anal rule are contained in the BID for
this final rulemaking (see ADDRESSES
section of this notice). .
Many commerits were received on the
timing and content of notifications and
other reports required by the General
Provisions and on recordkeeping
requirements. Comments from owners
or operators of facilities potentially
subject to part 63 standards (and the
General Provisions) generally asked for
more time to prepare «ihmittalg than
allowed in the proposed rule and for a
reduction in the amount of information
that must be recorded ox submitted.
State and local agencies that will be
implementing the rule expressed
concern about the timing and volume of
information that would be submitted to
them and about their ability to respond
to these submittak, These agencies also
requested flexibility in implementing
requirements of the General Provisions.
The Agency made significant changes
in the final rule from the proposed rule
in response to these comments. These
changes significantly reduce the burden
on owners and operators but also
recognize the need that enforcement
agencies have for timely and adequate
information to assess compliance with
emission standards and other
requirements established under section
112 of the Act. These significant
changes are discussed below.
Initial Notification
Under § 63.9(b) of the General
Provisions, when a relevant pan 63
standard is promulgated for a source
category, owners or operators of sources
that are subject to the standard must
submit a notification. In the final rule.
the time period allowed for submission
of the initial notification K*< been
extended from 45 days to 120 days.
Also, the information required to be
submitted with the initial notification
has been reduced greatly.
Requests for Compliance Extensions
Changes were made from proposal to
§ 63.6(i). which deals with compliance
extension requests, to increase the
allowable times for Agency review and
for owners or operators to provide
additional information. The EPA also
added provisions to the ""»! rule.
pursuant to section HZ(i)(6) of the Act.
that establish procedures for a source to
request a compliance extension if that
source has installed best available
control technology (BACT) or
technology to meet • lowest achievable
emission rate (LAERJ.
Excess Emission Reports
A major change was rr^" in the
recordkeeping and reporting
requirements rnncrr"'"g the need for.
and frequency of. quarterly excess
emissions reports. In the proposed rule.
if continuous monitoring systems (CMS)
data were to be used for dirnrt
compliance determinations, a quarterly
report on excess pmi«inns or parameter
monitoring exceedances was required in
§ 63.10(eH3). even if there were no
occurrences of excess emissions or
exceedances during that reporting
period ("negative reporting"). In the
final rule, as long as there are no
occurrences of excess •^nj^annt oz
parameter monitoring exceedances.
semiannual reporting is sufficient. In
addition, the procedures for an affected
source to reduce the frequency of
required reports ha-ro been clarified in
the final rale.
Performance Tests and Performance
Evaluations
The performance test deadline
specified under § 63.7(aK2) was
extended from 12O days to 180 days
after a source's compliance date.
Similarly, the §63.7(b) requirement to
provide notice of the date of the
performance test was reduced from 75
days to 60 days before the test.
Observation of the test by the EPA (or
the delegated State agency) ia intended
to be optional. *^A thu seen on was
revised to clarify this point. A similar
change was made to § 63.8(e)(2L nonce
of performance evaluation (for CMS), to
allow a 60-day notification period rather
than a 75-day period. Also, § 63.7(g) was
revised to allow sources 60 days.
instead of 45 days, to submit the
required performance test results to the
enforcing agency.
A major comment related to
performance tests concerned the
proposed requirement that sources
submit site-specific performance test
plans to the Administrator for review
and approval before a required
performance test is conducted. This
requirement has been changed in the
final rule such that the test plan must
be developed and made available for
review, but it does not need to be
submitted for approval prior to a
required performance test unless it is
requested by the EPA or delegated State
agency. A similar change has been made
in the final rule regarding the
development and submittal of site-
specific performance evaluation test
plans under § 63.8(d).
Some commenters expressed
confusion regarding the distinction
between performance tests and
performance evaluations, and the EPA
has added definitions of "performance
test" and "performance evaluation" to
the final rule to respond to this
confusion. In addition, the Agency has
defined the phrase '^representative
performance" in the final rule for die
purpose of clarifying the conditions for
conducting performance tests.
Finally, the EPA clarified the
situation when a Rn*l standard is more
stringent than a proposed standard and
when a source would be allowed to (1)
conduct an initial performance test to
demonstrate compliance with the
proposed standard and a second test to
demonstrate compliance with the final
standard or (2) conduct an initial
performance test to demonstrate
compliance with the final standard.
Startup. Shutdovm, and Malfunction
Plan
Commenters generally objected to the
level of detail they perceived to be
required in the startup, shutdown, and
malfunction plan (§63.6(e)). The intent
and purpose of the plan is explained
further in section IV.F.I of this
preamble and clarifying changes have
been made in the nile. Specifically, the
rule has been revised to delete the
requirement for "step-by-step"
procedures. Numerous comments were
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12410 Federal Register /Vol. 59. No. 51 / Wednesday, Maicb 16. 1994 / Rules and Regulations
received relating to the timing and
circumstances of reports of deviations
from a source's plan. In response to the
comroenters' concerns, the EPA has
revised the rule to require reporting of
actions that are "not consistent" (rather
than "not completely consistent") with
the plan. The Agency also has increased
the time period for sources to provide
"immediate" reports of these actions
from 24 hours to 2 working days. The
follow-up report is required within 7
working days.
Other Changes to Reporting and
Recordkeeping Requirements
The final rule includes provisions for
EPA Regional Offices to waive the
duplicate submittal of notifications and
reports at their discretion. Also, the
requirements relating to negotiated
schedules (i.e.. "mutual agreement
provisions") were revised from proposal
to more clearly reflect implementing
agencies' prerogatives to comply with
the schedules outlined in the General
Provisions. Finally, a recordkeeping
requirement has been added (in
§63.10(b)(3)) for owners and operators
of area sources to maintain a record of
the determination of their area source
status when this determination is
necessary to demonstrate that a relevant
standard for major sources does not
apply to them.
There were also significant changes in
other areas of the rule from proposal.
These are summarized below.
Monitoring
Several comments concerned the
relevance and applicability of the part
63 monitoring provisions to related
monitoring provisions contained in
other parts (e.g., parts 60. 61. 64. and
70). as well as the relationship between
monitoring provisions in the General
Provisions and those in other subparts
of part 63. The EPA has provided
additional clarification and made
changes to specific provisions as a result
of these comments.
Repair Period for Continuous
Monitoring Systems (CMS)
The Agency also received many
comments on the proposed 7-day repair
period for CMS. After consideration of
these comments, the EPA revised
§63.8(c)(l) of the rule to distinguish
between routine and nonroutine CMS
malfunctions. The final rule requires the
immediate repair of "routine" CMS
failures. In addition, the owner or
operator will be required to identify
these routine malfunctions in the
source's startup, shutdown, and
malfunction plan. Nonroutine failures of
the CMS must be reported and repaired
within 2 weeks after commencing
actions inconsistent with the plan
unless circumstances beyond the owner
or operator's control prevent the timely
repair or replacement of the CMS.
Construction and Reconstruction
Many comments were received
regarding the administrative procedures
for reviewing and approving plans for
construction or reconstruction, and
several changes were made to the rule
in response to these comments. At the
request of State and local agencies, the
EPA has deleted the provision in
§ 63.5(c) that allowed an owner or
operator to request that the
implementing agency prereview
construction or reconstruction plans. In
addition, the final rule has been revised
to allow owners and operators of new or
reconstructed major affected sources
greater discretion in the timing of
submitting applications for approval of
construction or reconstruction. The final
rule requires that these applications be
submitted "as soon as practicable"
before the construction or
reconstruction is planned to commence.
rather than 180 days in advance, as was
proposed. The Agency also revised the
definition of reconstruction and the
ensuing requirements for a
reconstructed source to clarify their
applicability. The Agency received
several comments regarding
reconstruction determinations.
especially where a source has installed *
control devices to meet emission
standards established for existing
sources. In response, the Agency has
explained its policy on these issues and
clarified that it is not the Agency's
intent to penalize sources that make
changes to comply with existing source
maximum achievable control
technology (MACT) requirements by
subjecting them to new source MACT
requirements to which they otherwise
would not be subject.
Applicability
The rule has been revised in several
places to clarify the applicability of the
General Provisions. Revisions were
made to §63.1 of the rule to clarify that
a source that is subject to any part 63
standard or requirement is also subject
to the requirements of the General
Provisions unless otherwise specified in
the General Provisions or the relevant
standard. Provisions have been added to
address two situations related to major
and area source determinations. As
noted earlier, the Agency added a
recordkeeping requirement in the final
rule to require sources that determine
they are not subject to a relevant
standard to keep a record of their
applicability determination. The EPA
also added provisions in the final rule
to address compliance dates for
unaffected area sources that increase
their emissions such that they become
major sources that are subject to part 63
NESHAP.
Separate Rulcmaking on Potential to
Emit
Under section 112. the determination
of whether a facility is a major source
or an area source is made on the basis
of the facility's "potential to emit" HAP.
"considering controls." This is an
important determination, because
different requirements may be
established in a part 63 standard for
major and area sources, and area sources
in a source category may not be
regulated by some standards. The EPA's
intended policy for implementing
"potential to emit considering controls"
was reflected in the definition proposed
in § 63.2 of the General Provisions for
the term "potential to emit" The
proposed definition included the
requirement that, for a physical or
operational limitation on HAP
emissions (including air pollution
control devices) to be considered to
limit a source's potential to emit for the
purposes of part 63. the limitation or the
effect it would have on emissions must
be federally enforceable. A definition of
"federally enforceable" was also
proposed.
Many comments were received on the
topic of potential to emit. As discussed
later in this preamble, consistent with
past Agency policies on potential to
emit, the EPA has retained in today's
final rule the same definition of
potential to emit that was proposed.
However, substantive issues were raised
by commenters on the mechanisms and
timeframe available for establishing the
Federal enforceability of potential to
emit limitations that went beyond the
scope of issues addressed in the August
11.1993 proposed rulemaking for the
General Provisions.
Because of this, and because of the
importance of potential to emit to
determining the applicability of part 63
standards and other requirements, the
Agency is planning to propose a
separate rulemaking to address several
specific potential to emit issues. This
separate notice of proposed rulemaking,
which will appear in the near future in
the Federal Register, would amend the
General Provisions to provide
mechanisms for validating limits on
sources' potential to emit HAP until
permanent mechanisms for creating
HAP potential to emit limits are in place
in States. In addition, this separate
rulemaking would specify deadlines by
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12411
which major sources of HAP would be
required to establish the Federal
enforceability of limitations on their
potential to emit in order to avoid
compliance with otherwise applicable
emission standards or other
requirements established in or under
pan 63.
The EPA will take final action on this
separate proposal after receiving and
considering public comments. Until the
Agency takes final action on the
proposal, any determination of potential
to emit made to determine a facility's
applicability status under a relevant pan
63 standard should be made according
to requirements set forth in the relevant
standard and in the General Provisions
promulgated today.
Cross Referencing in the Rule'
Cross-references to other parts (e.g..
regulations in part 71 establishing a
Federal operating permit program) or
subparts (e.g., subpart C. the list of
hazardous air pollutants) were included
in the proposed General Provisions as a
convenience to inform readers where
they may locate other general
information. At present, no rules have
been proposed or promulgated in either
subpart C or in part 71. Consequently.
these cross-references have been
removed from the General Provisions.
ni. Public Participation
Prior to proposal of the General
Provisions, interested parties were
advised by public notice in the Federal
Register (56 FR 54576. October 22,
1991) of a meeting of the National Air
Pollution Control Techniques Advisory
Committee (NAPCTAC) to discuss the
draft General Provisions. That meeting
was held on November 19-21.1991. In
addition, a status report on the General
Provisions was presented to the
NAPCTAC during the Committee's
November 17-18.1992 meeting. Both
meetings were open to the public and
each attendee was given an opportunity
to comment on the draft General
Provisions. In addition, numerous
meetings and correspondence occurred
between the Agency and representatives
from affected industries, environmental
groups, and State and local agencies
during the process of drafting the
proposed General Provisions.
Documentation of these interactions con
be found in docket A-91-09.
The proposed General Provisions
were published in the Federal Register
on August 11. 1993 (58 FR 42760). The
preamble to the proposed General
Provisions discussed the availability of
the proposal BID ("General Provisions
for 40 CFR part 63. Background
Information for Proposed Regulation"
fEPA-450/3-91-019)). which provides
an historical perspective on precedents
set by the EPA in implementing similar
General Provisions under the pre-1990
Act. Public comments were solicited at
the time of proposal, and copies of the
BID were distributed to interested
parties.
The public comment period officially
ended on October 12.1993. A public
hearing was not requested; however,
seventy-one comment letters were
received. The comments were carefully
considered, and where determined to be
appropriate by the Administrator.
changes were made in the final General
Provisions.
IV. Significant Comments and Changes
to the Proposed General Provisions
Comments on the proposed General
Provisions were received from industry.
State and local air pollution control
agencies. Federal agencies, trade
associations, and environmental groups.
A detailed discussion of comments and
the EPA's responses can be found in the
promulgation BID. which is referred to
in the ADDRESSES section of this
preamble. The major comments and
responses are summarized in »hi«t
preamble.
A. Applicability Determinations
1. Overview
Sections 112 (c) and (d) of the
amended Act require the EPA to list and
establish emission standards for major
and are? sources of the HAP that are
listed in or pursuant to section 112(b).
A list of categories of sources emitting
listed HAP was published in the
Federal Register on July 16.1992 (57 FR
31576). Each standard developed by the
EPA for a source category (referred to as
a "relevant standard" or a "source
category-specific standard") will be
proposed for public comment in the
Federal Register and when it is
finalized, it will be codified in a subpart
(or multiple subparts) of part 63.
Each standard promulgated for a
source category will apply to major
sources of HAP that retain equipment
or processes that are denned and
regulated by that standard. Area sources
of HAP also may be subject to the
standard if an area source category has
been listed and the standard specifies
that it applies to area sources. Each
standard will include requirements for
new and existing sources.
The determination of whether a
source is a major source or an area
source is made on the basis of its
"potential to emit" HAP. In general.
sources with a potential to emit.
considering controls, 10 tons per year or
more of any one listed HAP or 25 tons
per year or more of any combination of
listed HAP are major sources. For the
purposes of implementing section J12.
the major/area source determination is
made on a plant-wide basis: that is. HAP
emissions from all sources located
within a contiguous area and under
common control are considered in the
determination, unless specific
provisions elsewhere in section 112
(e.g.. for oil and gas wells under section
112(n)(4)) override this general rule.
More than one source category on ths
EPA's source category list may be
represented within a plant that is a
major source of HAP. This will be the
case, for example, at a large chemical
manufacturing complex The major
source determination will be made on
the basis of HAP emissions from all
emission sources within the complex.
However, there could be many
operational units within the complex.
with each unit producing a different
petroleum or chemical product or
intermediate. The EPA source category
list defines many categories on the basis
of product produced (e.g.. polyether
polyols .production, chlorine
production). Standards for each of these
categories will be developed in separate
rulemakings. The EPA believes that
Congress intended that all portions of a
major source be subject to MACT
regardless of the number of source
categories into which the facility is
divided. Thus, the EPA will set one or
more MACT standards for a major
source, and sources within that major
source will be covered by the
standard(s), regardless of whether, wher
standing alone, each one of those
regulated sources would be major.
As described earlier (as well as in the
preamble to the proposed General
Provisions), the General Provisions
promulgated with this rulemaking are
intended to bring together in one place
(subpart A of part 63) those general
requirements applicable to all owners
and operators who must comply with
standards established for the listed
source categories. The General •
Provisions for part 63 contain
provisions that are common to relevant
standards such as definitions, and
requirements for initial notifications,
performance testing, monitoring, and
reporting and recordkeeping. The
establishment of General Provisions for
part 63 standards eliminates the need tc
repeat common elements in each sourci
category-specific standard. It is also
consistent with the approach taken
previously by the EPA in developing
and implementing new source
performance standards (NSPS) under
section 111 of the Act and NESHAP
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1S4L2 Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Bales and
under section 112 of the Act before the
1950 Clean Air Act Amendments.
General Provisions for these programs
lire contained In subpart A of pan 60
and subpart A of part 61. respectively.
The basic approach in the General
Provisions promulgated today for
determining applicability (i.e.. who is
subject lo these requirementsj is the
iis:e as was proposed. That is.
applicability of the General Provisions
is determined by the applicability of
relevant source category-specific
standards promulgated in other subpaits
of pan 63. Each owner or operator who
is subject to a relevant source category-
specific standard in part 63 is also
subject to the General Provisions, except
when the standard specifically overrides
a specific General Provisions
requirement Section 63.1fb) of the final
General Provisions, addressing initial
applicability determinations for pan 63,
has been revised to clarify this approach
for determining applicability. Section
63.1tb1(l) of the proposed rule stated
that the owner or operator ol any
stationary source that is included in the
most up-to-date source category list and
that emits or has the potential to emit
any HAP is subject to the provisions of
part 63. The reference to the source
category list has been removed from the
final rule, and a paragraph has been
added specifying that pan 63 provisions
apply to any stationary source that
"emits or has the potential to emit any
hazardous air pollutant listed in or
pursuant to section llZfb) of the Act
and is subject to any standard.
limitation, prohibition or other federally
enforceable requirement established
pursuant to Ipart 6"3j.~ This clarifies that
belonging to a listed category of sources
alone does not render a source subject
to the provisions of pan 63; rather, the
source must be subject to a pan 63
standard or other requirement.
The term "affectea source" is
established and used in the General
Provisions to designate the specific
"source." or group of ""sources," that is
subject to a particular standard. This
term is analogous to the term "affected
facility" used in NSPS. Affected sources
Mill be defined explicitly in each pan
63 standard promulgated for a source
category or established for a source on
a case-by-case basis. The individual
pieces of equipment processes. '
production units, or emission points
that will be defined as affected sources
subject to emission limits or other
requirements under that relevant
standard will be determined in the
development of the standard for the
source category or the source. An
affected source within a source category
could be defined, for example, as a
storage lank with greater than a
specified capacity *"d containing
organic liquids with greater than a
specified vapor pressure. Within a major
source, any individual "5001x2" ox
group of "sources" tn«t m«»«»t< the
definition of affected source in a
relevant standard would be subject to
the requirements in the standard for
major sources.
In general, the timing of applicability
(i.e.. when does an owner or operator
become subject lo the General
Provisions) is determined by when a
relevant source category-specific
standard is promulgated. The effective
date for standards promulgated under
sections 112(d). 112(h). and mjf) of the
Act is the *l*t*> of prnrnn kyatirin On »hn
date of promulgation of a fldevent
.source category-specific standard, the
General Provisions also become
applicable to owners or operators
subject to the standard for the source
category.
The EP A leceiveu THIHHM mi<
"adjacent" is consistent with the
language of the statute. The common
dictionary definition of "contiguous"
consists, in part, of "nearby.
neighboring, adjacent" On »hu basis,
the EPA has historically interpreted
• i property "to mean "'
ts i elating To canons
of -source,"* b*jw these definitions relate
to oce another, &iiu now tliey detenxxn^e
which portions of a HAP-enritting
industrial (or commercial) facility -will
be regulated by emission standards or
other requirements under amended
section 112. Some of these comments
agreed with the EPA's proposed
approach to defining these terms, some
suggested alternative approaches, and
many requested Hnrifir^tion an these
topics. Major cnnimfinU and (he EPA's
responses on the definitions of "major
source" and "area source." and on the
definition of "affected .coume," are
discussed below.
relationship of the General Provisions to
relevant source category -specific
standards are discussed in section
TV.C.1. Additional responses to
comments relating to applicability of the
General Provisions are included in the
promulgation RTT1.
2. Definitions of Major Scarce and Area
Source
as "contiguous or adjacent property" in
the development of numerous
regulations to implement the Act. Under
tKic uiuifiia^h iha physical relationship
of emission unit* to production
processes is irrelevant if the units are
adacent pornkj«-q]ly and under
irffTPTTioo ownership or control.
T>"« approach clarifies, that as a
practical rp»tt<»r the fe"** that all
property at a plant cite may not be
physically touching does not mean that
separate plant sites exist For example.
it is common for a railroad right-of-way
or highway to cut across a plant site.
However, this does not create two
separate [A»ni sites. To fUim that it
does would he an artificial distinction.
•adit is contrary to the intent of the
statutory definition of major source.
Several ryTnrnpT?*T noted *^°* the
discussion in the proposal preamble on
"major source," as defined in the
proposed jule, SUggestS ini-liionn flf a1\
stationary sources located on contiguous
or adjacent property. These commentes
argue that the EPA's interpretation goes
beyond the statutory definition of major
source in section 112(aXl). which does
not use the term "adjacent." Another
commenler ptatp^ tKat adding
"adjacent" lo the definition adds
uncertainty to applicability
determinations.
The EPA disagrees with these
commenters. First, the use of the term
definition of "major source" in the
General Provision* should include
reference to standard industrial
p]pceifir-ntir>r| {SIC) CodfiS AS Was dfll>€ ID
the pan TO permit program regulations
i m n lurrian »i rra i)t\jt V Of thfl ACL
However, other comments were
received that supported the proposed
definition of "mayor source" and
expressed concern that the EPA might
adopt the title V Approach to defining
"major -source" •which, according to one
commeo^ec. Mould be inmngj^.tmi -with
the ^fcfmitwm in flection 112{a](l) of the
Act.
The ZPA believes that, because
Congress included a dnfinirinn far
"major source" in section 112 that does
not include reference to SIC codes.
Congress intended *JK** majnr sources of
HAP would encompass entire
contiguous (or adjacent) plant sites
without being subdivided according to
industrial r ^agc'fi<'fl^ir'Tyg The separation
of HAP emission sources by SIC code
would be an artificial division of
y^iim«»y that in reality. °^ Contribute tO
public exposure around a plant site.
Furthermore, because of the diHerenl
objectives of section 112 and title V of
the Act, and because section 112
contains its own definition, th»
definition for "major source" in pan 63
need not be i<^*nilr-«l to *^a fjpRnitirm
fox "mfljur source" currently
promulgated in part 70. The EPA
believes ifrat the definition for major
source adopted in the General
Provisions is appropriate for
implementing section 112. The EPA will
consider whether changes to the
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rraerai negisier / voi. as. No. 5i / Wednesday. Mttrca 10,
Jennmon of major source in part 70. as
a relates to section 112. are appropriate.
If the EPA concludes that such changes
are needed, the EPA will propose
changes to part 70 and take comment
before reaching a final decision in the
Federal Register.
Comments were received that the
definition of "area source" should be
changed to "affected area source." Also.
commenters suggested that the
definitions of "major source" and "area
source" should be revised to refer to
emission units or groups of similar
emission units that are in a specific
category of major sources located within
a contiguous area under common
control and to clarify that area sources
are not affected by NESHAP established
for major sources.
The EPA believes that it is-more
appropriate and less confusing to define
"major source" and "area source"
consistent with the definitions in
secuon 112(a) of the Act. Nonetheless.
for the purposes of implementing
section 112. consistent with the
applicability discussion above, "area
sources" may be further divided into
affected area sources and unaffected
area sources. An affected area source
would be a plant site that is oot a major
source but is subject to a relevant part
63 emission standard that regulates area
sources in that source category.
One commenter requested that the
EPA address the issue of a compliance
date for area sources that increase their
emissions (or potential emissions) such
that they become major sources and
therefore subject to a relevant standard.
The commenter said that this was a
particular concern in situations where
'.he area source has not obtained a
construction permit.
The commenter is correct that the
proposed General Provisions did not
address area sources that subsequently-
become major sources and therefore
subject to a relevant standard. Sections
63.6(b)(7) and (c)(5) have been added to
the final rule to address this situation.
Section 63.6fb)(7) states that an
unaffected new area source that
increases its emissions of (or its
potential to emit) HAP such that it
becomes a major source, must comply
with Ihe relevant emission standard
immediately upon becoming a major
source. An unaffected existing area
source that increases its emissions (or
its potential to emit) such that it
becomes a major source, must comply
by the date specified for such a source
in the standard. If such a date is not
specified, the source would have an
equivalent period of time to comply as
the period specified in the standard for
other existing sources. However, if the
existing area source becomes a major
source by the addition of a new affected
source, or by reconstructing, the portion
of the source that is new or
reconstructed is required to comply
with the standard's requirements for
new sources. These compliance periods
apply to area sources that become
affected major sources regardless of
whether the new or existing area source
was previously affected by that
standard.
3. Definition of AfTected Source
The EPA received numerous
comments on the usefulness of the term
"affected source," in response to the
Agency's specific request for comments
on this term in the proposal preamble.
Comments were received that supported
the Agency's proposed use of "affected
source." and others offered suggestions
for changes or clarifications.
Some commenters stated that it is not
clear how inclusive "affected source" is
meant to be. For example, does it
collectively cover ail equipment
associated with the source category?
Some commenters argued that the
definition of "affected source" in the
General Provisions should be narrow,
encompassing as few emission points as
possible. Others argued for a broad
definition consistent with the EPA's
policy on defining the "affected source"
during the development of specific
NESHAP.
Several commenters suggested terms
as alternatives to "affected source."
Terms suggested included "part 63
source" and "regulated source."
Commenters claimed that alternative
terms would be more appropriate and
would reduce confusion about the
applicability of a variety of EPA
regulations including NESHAP under
part 61 and the title IV acid rain
regulations.
After a review of the suggestions
made by commenters. the EPA decided
to retain the term "affected source" in
the final rule. No comments were
received that disputed the need for a
separate term to designate the units that
are subject to requirements in a source
category-specific standard. Further, the
EPA did not find any of the arguments
for alternative terms compelling. For
example, commenters did not make it
clear how the use of a term such as
"regulated source" would be more
descriptive and less confusing than
"affected source."
Nevertheless, the EPA has endeavored
to address any confusion that might
arise on a case-by-case basis. For
example, the EPA has revised the
definition for the term "affected source"
in part 63 to note that it should not be
confused with the same term used in
title IV of the Act and the rules
developed to implement title IV, the
acid rain provisions. Despite this
revision, the Agency believes Slates may
wish to draw a distinction in their
regulations to implement the title V
permit program and in individual
sources' title V permits in order to avoid
the possibility of confusion between the
term affected source as used in part 63
and the term affected source as used in
the title IV regulations. For example, the
Agency believes it may be appropriate
in some instances for State permitting
authorities, when Baling with sources
affected by both title IV and part 63
requirements, to refer to sources affected
by part 63 as "part 63 affected sources."
With regard to those comments that
requested narrow or broad definitions of
the term "affected source," the EPA
believes these comments would be
addressed more appropriately in the
context of rulemaklngs that will
establish standards for individual
source categories. The General
Provisions merely define a term.
"affected source." that refers to the
collection of processes, equipment, or
groups of equipment that will be
defined in each relevant standard under
part 63 (including case-by-case MACT
standards or "equivalent emission
limitations") for the purposes of
defining the scope of applicability of
that standard. Consistent with the
approach of using the nonspecific term
"affected source." the EPA believes it is
inappropriate for the General Provisions
rule to restrict in advance the definition
of the affected source that may be
developed for the purposes of regulation
by a particular standard established
under part 63.
B. Potential to Emit
The EPA received many comments on
the definition of potential to emit that
appeared in the proposed General
Provisions. Many of these comments
questioned the appropriateness of
considering only federally enforceable
controls or limitations in determining a
source's potential to emit The
commenters suggested that all
operational controls or limitations or.
alternatively, all legally enforceable
controls or limitations, should be
considered in determining potential to
emit, not just federally enforceable ones.
One commenter further suggested that
all physical or operational limitations
that keep a source below the major
source threshold are effectively
federally enforceable, as any operation
with HAP emissions above the
threshold values would violate the title
V permit and MACT standard
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r**ml Register / Vol. 59. No. 51 / WeoneMBy. Marco 16. 1994 / Roles and Regulations
compliance requirements for major
sources.
The Agency believes that these
comments are similar in all relevant
respects to arguments the Agency
already has considered and responded
to in a previous rulemaking that deah
with the Federal enforceability of
emissions controls and limitations at a
source. Fora thorough discussion on
this topic, see "Requirements for the
Preparation. Adaption, and SubmiQal of
Implementation Plans: Air Quality, New
Source Review; Final Rules" that
appeared In the Federal Register on
June 28. 1989 (54 FR 27274). (A copy of
this notice has been included in the
docket for this rulemaking.) After
careful consideration during that
rulemaking. (he EPA decided to retain
the requirement lor Federal
enforceabilily. At this time, the Agency
sees no reason to rescind its
described in the June 28, 19 S3 Federal
Register .notice. On the contrary, the
Agency here is affirming the relevance
of the Federal enforceabtlity
requirements set forth in the June 28.
1989 notice in the r.nnlpyt of
determinations of major source status
•. under the new Federal air toxics
program.
In the context of implementing the air
toxics program under amended section
1 12. the purposes of the Federal
enforceabiiity requirements are «s
follows: (1) To make .certain that limits
on a source's capacity are, in fact, p&rt
of its physical and operational design,
and that any claimed limitations will be
observed: (2) to ensure that an entity
with strong enforcement capability (i-e..
the Federal government) h»< legal and
practical means to make sure that such
commitments are actually carried out.
and (3) to support the goal of the Act
that the EPA should be able to enforce
all relevant features of the air toxics
program as developed pursuant to
section 112. The Agency continues to
believe that, if sources may avoid the
requirements of a Federal air pollution
control program by relying on State or
local limitations, it is essential to the
integrity of the National air toxics
program that such limitations be
actually and effectively implemented.
Thus, Federal enforceability is both
necessary and appropriate to ensure that
such limitations and reductions are
actually incorporated into a •source's
design and followed in practice.
Further. Federal enforceability is
needed to back up State and local
enforcement efforts and to provide
incentive to source operators to ensure
adequate compliance. Federal
enforceability also enables citizen
enforcement under -section 3tM of the
Act.
' Thus, in the final fi»n»ml Provisions
rulemaking. the Agency is retaining ihe
existing Fedexal enforceahility
requirement in the definition of
potential to emit for the purposes of
implementing witon 112 of the Ad AS
amended in 1990.
In the June 28.1989 Federal Register
notice, the EPA established that, to be
federally enforceable, emission
Limitations established for a source must
be practicably enforceable. To be
practicably enforceable, the limitations
or conditions must ensure adequate
testing, monitoring, recordkeeping, and
reporting to demonstrate compliance
with t\ut limitations and conditions.
Restrictions on operation, production.
or emissions must reflect the yh "*t«*
practicable time period (generally one
month). "Blanket" emission limitations
such as calendar year limits (e,g.. tons
per year) are not considered practicably
enforceable. In contrast hourly. daily.
weekly, or monthly railing averages
generally are considered acceptable.
Many of the comments requesting that
the EPA credit controls that are not
federally enforceable in the potential to
emit determination were based on a
concern over the limited mechanisms
available by which emission controls
fan qualify as federally enforceable. For
example, although the EPA will
consider terms and conditions in a
permit issued under title V of the Act to
be federally enforceable, approved State
title V permit programs are not yet in
place. This effectively limits the
mechanisms available to sources subject
to early MACT et?mriar/U Comments
were also received requesting further
clarification on how the Agency's
potential to emit policy would be
implemented, and on how thu policy
could be implemented with *fr"» ]»«>«*
burden on both -^aipg and affected
sources.
As noted earlier in this preamble, the
EPA is preparing a separate notice of
proposed mlemaJong to address
potential to emit issues. This notice wiH
propose for public comment a thorough
discussion on the Agency's policy with
regard to implementing potential to pjnit
in the air toxics program. Among other
actions, *hi« rulemaking would amend
the General Provisions to provide an
interim mechanism for controls to
qualify as federally enforceable for HAP
until permanent mechanisms are in
place. The Agency -will consider
comments on this proposal and take
final action on an expedited schedule.
C. Relationship of CemnuV Pnynsrorw to
Other Clem Air Act Requirements.
1. Relationship to Individual NESHAP.
The pronmlgated General Provisions
to part 63 are applicable to all source
categories thai will be regulated by part
63 NESHAP. Emissions of HAP from all
listed source categories eventually will
be regulated by NESHAP pursuant to
section 112 of the Qean Air Act
Amendments of 1990. The General
Provisions provide basic, common
requirements for all sources subject to
applicable standards, and they are
intended to avoid unnecessary
duplication of information in all
subsequent subparU. AD parts of the
General Provisions apply to an affected
source regulated by an applicable
standard, nn1«»
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Federal Register / Vol. SS. No. 51 / Wednesday. March 16. 1994 / Rules and Reguiaiions
12415
requirements should be left to
individual NEST1AP.
The Agency believes that the
alternative approach suggested by these
commenters is not appropriate.
Consequently, the proposed approach
has been retained in the filial rule. The
Agency's concern is that minimum
regulatory requirements be established
for the control of HAP emissions from
source categories. The General
Provisions as promulgated ensure an
appropriate baseline level of
requirements for all sources, and they
provide guidance at an early stage to
sources regarding the types of
requirements that will ensue upon
promulgation of an applicable standard.
The EPA believes that the provisions of
subpart A are the minimum generic
requirements necessary for the-
implementation of NESHAP.The EPA's
experience with existing General
Provisions under parts 60 and 61
confirms that such provisions eliminate
repetition within individual standards,
They also improve consistency »"H
understanding of the basic requirements
for affected sources among the regulated
community and compliance personnel.
Despite the preceding discussion, the
EPA does recognize the potentially
confusing task faced by owners and
operators who must determine which
provisions of the General Provisions
apply to them, which are explicitly
superseded by an applicable subpart.
and which are superseded because they
conflict with a requirement in an
individual standard. Many commenters
are concerned about the potential for
confusion regarding their compliance
responsibilities. By establishing a
mechanism whereby aH the provisions
of subpart A are applicable to an
affected source unless otherwise
specified, the EPA believes some source
responsibilities are directly clarified.
Furthermore, as the Agency continues
to develop emission standards for
specific source categories, the EPA
intends to inriirnte dearly in these
subsequent rulemakings which
requirements of subpart A sources in the
category are subject to and which
requirements are superseded by the
individual subpart. The public will have
the opportunity to review and comment
on Agency decisions on which
requirements of the General Provisions
are overridden in a source category-
specific standard when that standard is
proposed in the Federal Register.
Other issues were raised by
commenters pertaining to general
features of the relationship between the
General Provisions "M individual
MACT standards. Several commenters
expressed concern with the po'.untial for
a situation where, there are conflicting
provisions between, the individual
subpart nnri subpart A, and the
individual subpart does not specifically
supersede, the Onprai Provisions
requirement Proposed § 63.1UK13)
stated that individual sub parts will
specify which General Provisions are
superseded. Certain comnventers believe
thnt provisions in individual subparts
should prevail, even if they do not
explicitly state thai they supersede
General Provisions.
Tha EPA agrees with these
commenters. It is the Agency's intent
that when there are conflicting
requirements in the General Provisions
and a source category-specific standard.
the requirements of the standard will
supersede tha General Provisions. If a
specific standard does not address »
requirement within the General
Provisions, then, the General Provisions
must be followed by the owner or
operator. The Agency intends to review
thoroughly the appropriateness of
applying the General Provisions when
developing each source category-
specific standard and to indicate clearly
in the standard any requirements of the
General Provisions, that are overridden.
However, the Agency appreciates the
concerns of the commeolexs th»t a
conflicting requirement may be
overlooked and not explicitly identified
in the standard. Therefore, to avoid
confusion, should a conflicting
requirement not be explicitly identified
in the standard, the EPA has deleted the
statement in §63.1i.&Hl3) that
individual subparts always will specify
which provisions of subpart A are
superseded.
2. Relationship to Section II2(g).
Section 112(j), and Section 112(ij(5) of
the Act
Several comments were received on
the relationship of the General
Provisions for part 63 to requirements
under sftrtinns 112(g) and 112(j} of the
Act. Regulations to implement section
112(g) and section 112(j} are being
developed by the EPA in separate
rulemakings. Section 112(g) addresses
the mndifi ration construction, and
reconstruction of major sources after the
effective date of title V permit programs
and primarily before source category-
specific standards are promulgated.
Section 112(j) addresses equivalent
i»nvggirm limitations to be established
by the States through title V permits if
the EPA fails to promulgate a standard
for a category of sources on the schedule
established under section 112(e).
Under both of these sections. States
may be required to make .ise-by-case
MACT determinations fc„ sources if the
EPA has not yet established an
applicable emission limitation i
secuon 112. For pyampl^ under secuon
112(g)(2). after the effective dale 01 a
title V permit program in any Stau no
person may modify a major source of
HAP in the State, unless the
Administrator (or the State) determines
that tha MACT emission limitation
under section 112 for existing sources
will be met. This determination must be
made on a case-by-case basis where an
applicable emission limitation has not
been established by the EPA. A similar
determination involving new source
MACT must be made before a major
source is constructed or reconstructed.
Several commemexs stated mat it was
unclear if the General Provisions are
intended to be minimum requirements
that would apply to sources subject to
case-by-case MACT standards
established under sections 112 (g) and
The EPA is still considering the most
appropriate way to link the General
Provisions to the case-by-case MACT
standards established under sections
112 (g) and (i). While the EPA believes
that some requirements of the General
Provisions should apply to any MACT
standard established, under section 112
(including case-by-case MACT
standards), the Agency also recognizes
that there may be situations where
blanket application of the General
Provisions to a particular source or
source category may not be appropriate.
As discussed elsewhere in
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16 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
it cannot be stated that the General
Provisions would be superseded by
regulations established under section
112(g). Many definitions and
requirements of the General Provisions
will be appropriate for standards
established under section 112(g) (e.g..
definitions of key terms such as "major
source" and "HAP"). However, as
discussed in the response to the
previous comment, the EPA is
reviewing whether it is appropriate lo
allow case-by-case MACT standards
developed under section 112(g) to
override individual requirements of the
General Provisions.
A commenter stated that the
definition of "federally enforceable" in
the proposed General Provisions was
different from the definition proposed
in regulations to implement section
1121J) (58 FR 37778. July 13.1993). This
commenter further stated that only one
definition should appear, and that it
should be in subpart A.
The EPA agrees with the commenter
and intends dial the definition of
federally enforceable in the General
Provisions should apply to all
requirements developed pursuant to
section 112 including standards
developed under section 112(j) and
section 112(g). A definition of "federally
enforceable" was included in the
proposed regulations to implement
section 112(j) because those regulations
were published before the proposal date
of the General Provisions. The final
regulations implementing section 112(j)
of the Act and forthcoming regulations
implementing section 112(g) will defer
to the definition of federally enforceable
that is included in the General
Provisions.
One commenter argued that the issue
of preconstruction review should be left
to the rule that will implement section
112(g) of the Act. Further, the
commenter stated that if the proposed
preconstruction review requirements in
the General Provisions are adopted, they
should be consistent with procedures in
the section 112(g) rule.
The EPA disagrees with these
comments. The requirements for
preconstruction review included in the
General Provisions are intended to
implement the preconstruction review
requirements of section 112(i)(l) of the
Act. which the EPA views as inherently
different from the preconstruction
review requirements of section 112(g).
Section 112(i)(l) requires review by the
EPA (or a State with delegated
authority) prior to the construction or
reconstruction of a major source of HAP
in cases where there is an applicable
emission limitation that has been
promulgated by the EPA under sections
112 (d). (fl. or (h): that is. a national
emission standard has been
promulgated. The requirements of a
national emission standard undergo
public review and comment during
development of the rule.
In contrast, requirements in section
112(g) for review prior to construction.
reconstruction, or modification of a
major source address situations where a
national emission standard has not been
promulgated and MACT must be
determined on a case-by-case basis. In
this situation, there has been no prior
opportunity for public review of and
comment on applicable requirements.
This basic difference makes it
appropriate to have separate provisions
implementing the preconstruction
review requirements of sections
112(i)(l) and 112(g) of the Act. In
addition, section 112(g) does not apply
before the effective date of the title V
permit program in each State, whereas
section 112(d) or 112(h) standards may
go into effect before the permit program
and thus need independent regulatory
provisions governing preconstruction
review.
One commenter said that the EPA
should state that after the effective date
of a MACT standard established by the
EPA. compliance with that standard by
a source would also constitute
compliance with section 112(g).
The EPA generally agrees that
compliance with an applicable MACT
standard promulgated by the EPA under
section 112(d) or section 112(h) also
would constitute compliance with
section 112(g). Although section 112(g)
requires an administrative
determination that MACT will be met
whenever a major source is constructed.
reconstructed, or modified, a case-by-
case MACT determination is required
under section 112(g) only when no
applicable emission limitations have •
been established by the EPA. The
forthcoming nilexnaking for section
112(g) will clarify the streamlined
. nature of the section 112(g)
administrative requirements for major
sources subject to already promulgated
standards.
Several commenters were confused by
the last sentence in proposed
§ 63.5(b)(6) that "this paragraph is not
intended to implement the modification
provisions of section 112(g) of the Act"
One commenter asked what this
paragraph was intended to implement if
not section 112(g).
Section 63.5(b) is intended to clarify
the general compliance requirements
imposed by section 112 for sources
subject to a relevant emission standard
that has been promulgated in part 63
(which may be major or area sources).
The emission units or emission points
that-are subject to a NESHAP in a pan
63 subpart applicable to a specific
source category are defined in each
subpart and are designated as the
affected source. The intent of
§63.5(b)(6) is simply to emphasize that
changes to an affected source (e.g..
process changes or equipment
additions) that are within the definition
of affected source in the applicable
subpart are considered to be part of that
affected source and, therefore, they also
are-subject to the standard. In the final
rule, additional language was added to
§ 63.5(b)(6) to further clarify that if the
change consists of the addition of a new
affected source, the new affected source
would be subject to requirements
established in the standard for new •
sources.
Section 112(g) requirements are much
broader and different in that they
address changes to a major source.
regardless of whether a relevant
emission limitation has been
promulgated by the EPA. These broader
requirements are being addressed in the
separate rulemaking to implement
section 112(g).
Upon review of the wording of the
proposed General Provisions, the EPA
has concluded that the statement in
proposed § 63.5 (b)(6) indicating that this
paragraph is not intended to implement
section 112(g) creates confusion rather
than clarifying the Agency's intent.
•Therefore, it has been removed in the
final rule.
The relationship between the General
Provisions and section 112(i)(5) of the
Act also has been clarified in the final
rule. Section 112(i)(5) of the Act
outlines provisions for extensions of
compliance for sources that achieve
early reductions in HAP emissions.
Under these provisions, an existing
source may comply with an emission
limitation promulgated pursuant to
section 112(d) 6 years after the
compliance date, provided that the
source achieves a 90 percent (95
percent, in the case of particulates)
reduction in emissions before the
otherwise applicable standard is first
proposed. Regulations implementing
section 112(i)(5) are contained in
subpart D of part 63.
Section 63.1(c)(4) of the General
Provisions addresses the applicability of
the General Provisions to such sources.
and it has been revised in the final rule.
The revision to this section reflects the
fact that the General Provisions are
applicable to other requirements
established pursuant to section 112 of
the Act. except when overridden. The
proposed language required that an
owner or operator comply with the
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Federal Register / VoL 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12417
requirements of subpart A tint are
specifically addressed in the extension
of compliance. In the fin«l rule.
§ 63.1(c)(4) has been revised to state that
an owner or operator who has received
an extension of Compliance "rrrigr tho
early reduction uiugtaa in subpart D
shall comply with all requirements in
the General Provisions except those
requirements that are specifically
overridden in *"*• extension of
compliance. This revision to the rule
clarifies the Agency's intended
relationship between these two subparts
of part 63.
3. State Options Under Section 112C1) of
the Act
Several comments were received that
States should be allowed flexibility in
implementing *h" requirements of the
General Provisions. General flexibility
was requested as well as flexibility in
implementing specific aa^>ecls such as
frequency of source reporting and action
timelines »h«f may be impractical for
some Stales. One commenter stated that
incorporation of the General Provisions
into an existing State or local program
will interfere with, the existing program.
Another commenter stated that existing
State procedures and timelines for
preconstruction review should
supersede the General Provisions.
The EPA believes that the opportunity
for States to have flexibility in
implementing the General Provisions is
provided through *k«» rulemaking that
implements section 112(1} of the Act
(see subpart £ of pan 63). Under subpart
E of part 63. each Stata may develop »nd
submit to the EPA for approval a
program for the implementation and
enforcement of emission standards and
other requirements promulgated under
section 112. The EPA may approve
alternative requirements or programs
submitted by States as long as the
State's alternatives are at least as
stringent as the Federal programs they
replace. Thus. States have the
opportunity to propose to the EPA.
through the subpart £ process,
alternative requirements to the General
Provisions. Alternative requirements
that could be proposed by a State
include those items (e.g_ timelines and
provisions for precanstruction review)
cited bv rnmn-;gm$tiihlt«h thx miniTTmm elements of a
national air pollution control operating •
permit program to be implemented by
State or local agencies if they qualify.
Owners or operators are required to
obtain a permit when a State's operating
permit program becomes effective.
Furthermore, when sources become
subject to pan 63 regulations, these
regulations must be incorporated into
the permits for these sources. Permit
requirements will be drawn directly
from the requirements in Federal
regulations such as NESHAP. Thus, the
- General Provisions in thig part will form
the basis for specific permit conditions.
as they form the basis for specific
•requirements under subsequent part 63
rulemakings. The pan 70 regulations
implementing the triVa V permit
program, promulgated at 57 FR 32250
(July 21.1992). identify when a source
of HAP is required to obtain a permit.
The promulgated General Provisions
contain language that informs owners or
operators of come of the situations in
which a scarce of HAP would be
required to apply for a permit
Section 7TZ3U) allows States to defer
temporarily the requirement to obtain a
permit for any sources that are nnt majo;
sources but would otherwise be subject
to title V. If the EPA approves a State
program with such a deferral provision.
the EPA will complete a future
rulemaking to consider the
appropriateness of any permanent
exemption for categories of nonmajor
sources. Nonmajor sources subject to a
section 112 standard are addressed in
§ 70.3(b). which states that the EPA has
authority to allow States to exempt or
defer these nonmajor sources from
permitting requirements, and that the
EPA will exercise this authority, if at all
at the time of promulgation of a section
112 standard. Consistent with this
provision, the EPA will determine in
each future rolemaking under part 63
that establishes an emission standard
that affects area sources whether to: (1)
Give States the option to exclude area
sources affected by that standard from
the requirement to obtain a title V
permit (Le., by exempting the category
of aree sources altogether from the
permitting requirement); (2) give States
the option to defer permitting of area
sources in that category until the EPA
takes a rulemaking action to determine
applicability of the permitting
requirements; or (3) confirm that area
sources affected by that emission
standard are immediately subject to the
requirement to apply for and obtain a
title V permit in all States.
Although the EPA will decide
whether and when to permit regulated
area sources in each applicable part 63
rulemaking, the Agency believes, in
general that it is appropriate for all
sources regulated under part 63 to
undergo the title V permitting process,
as thi« will onVmnrg effective
implementation anl^ enforcement of fh"
requirements of section 112 of the Act.
Unless a determination by the EPA is
made by rule *hflt compliance with
permitting requirements by regulated
area sources would be "impractical.
mfeasibls. or unnecessarily
burdensome" and thus an exemption is
appropriate or the EPA allows States to
exercise their option to defer permitting
of area sources, all affected sources
under part 63. including area sources.
will be required to obtain a permit.
Thus, affected area sources will be
immediately subject to part 70 when
they become subject to a part 63
emission stand?rd. (When area sources
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Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations
become subject to part 70 they will have
up to 12 months to apply for a permit.)
Section 63.1(c)(2) of the final General
Provisions has been revised to clarify
lhat emission standards established in
part 63 will specify what the permitting
requirements will be for area sources
affected by those standards, and that if
a standard remains silent on these
matters, then nonmajor sources that are
subject to the standard are also subject
to the requirement to obtain a title V
permit without deferral.
D. Monitoring and Performance Testing
Requirements
1. Monitoring
a. Relationship to part 64. Some
commenters said that the pan 63
monitoring requirements are duplica.tive
of the part 64 enhanced monitoring
program. Alternatively, other
commenters claimed that all of the
monitoring requirements should be
included in each part 63 subparL
The proposed part 64 enhanced
monitoring program (58 FR 54648,
October 22,1993) applies only to
existing regulations and does not apply
to new regulations being developed
under part 63. Furthermore, the
proposed part 64 provisions only apply
to major sources, while the General
Provisions can apply to area sources as
well. The EPA will incorporate the
concept of enhanced monitoring
directly into all new rules under part 63.
This approach is consistent with the
statement in the preamble to the part 70
operating permits program (July 21,
1992. 57 FR 32250) that all future
rulemakings will have no gaps in their
monitoring provisions. The General
Provisions include generic requirements
that apply to all affected sources, while
individual subparts under part 63 will
include additional monitoring
provisions specific to each source
category.
b. Definition of "continuous
monitoring system." Commenters said
lhat the definitions for CMS and
continuous emission monitoring
systems (GEMS) are very broad and
appear to include total equipment. For
example, sample systems may be used
to serve several analyzers, all of which
are considered one CMS. If one analyzer
fails, the proposed rule appears to
assume that the entire CMS has failed.
and data from properly functioning
analyzers may not be used because one
analyzer has failed to function properly.
Some commenters said that
§63.8(c)(6) should be revised to clearly
distinguish between GEMS, continuous
opacity monitoring systems (COMS).
and continuous parameter monitors. In
particular, the measurement devices
used to monitor parameters such as
temperature, flow, and pressure are very
stable and do not require frequent or
ongoing calibration error
determinations. One commenter said
that language should be added that
states: "Continuous parameter
monitoring systems (CPMS's) must be
calibrated prior to installation and
checked daily for indication that the
system is responding. If the CPMS
includes an internal system check.
results must be recorded and checked
daily for proper operation."
One commenter said that the EPA
should review § 63.8 to amend
references to "continuous monitoring
systems" whenever a requirement
should not apply to continuous
parameter monitoring systems.
Another commenter said that the EPA
should differentiate between CMS and
continuous parameter monitoring
systems when setting calibration drift
provisions in § 63.8(c)(l).
After review of these comments, the
Administrator determined that the
definition of "continuous monitoring
system" should be clarified. The
definition of CMS has been clarified to
include any system used to demonstrate
compliance with the applicable
regulation on a continuous basis in
accordance with the specifications for
that regulation. The definition has been
changed as follows:
Continuous monitoring system (CMS) is •
comprehensive term lhat may include, but is
Dot 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.
This definition is intended to apply to
the CMS required by the regulation for
a regulated pollutant or process
parameter. Lf any portion of such a CMS
fails (e.g.. flow analyzer), the CMS data
cannot be used for compliance
determination and the entire CMS is out
of control. The repair of the faulty
portion of the CMS and a subsequent
successful performance check of that
portion would bring the entire CMS
back into operation.
If. for example, the regulation requires
a CEMS for each of two pollutants (e.g..
SO7 and NO.) and the two CEMS share
diluent analyzers, failure of one of the
pollutant analyzers (e.g., the SO?
analyzer) would not necessarily put the
NO, CEMS into an out-of-control
situation. The distinction is that these
are two CEMS, not one. On the other
hand, if the diluent analyzer serving
both CEMS fails, both CEMS are out of
control.
The definition of CMS was revised tc
include continuous parameter
monitoring system with the intent that
basic performance requirements that
appear in the General Provisions would
apply to ail CMS including continuous
parameter monitoring systems.
Responses to other comments and
subsequent revisions to the regulation
further clarify that performance
specifications relevant to certain types
of CMS would be proposed and
promulgated with accompanying new
regulations, and would indicate
precisely what performance
requirements apply and the frequency of
checks, and other requirements, beyond
those in the General Provisions.
The general CMS performance
requirements outlined in the General
Provisions apply to any type of CMS,
including continuous parameter
monitoring systems. The General
Provisions sections that define daily and
other periodic performance checks and
requirements for CMS consistently refer
to applicable performance specifications
and individual regulations for
procedures and other specific
requirements. Individual regulations
may include more or less restrictive
performance requirements, as
appropriate.
c. Relevance of part 60 performance
specifications. According to some
commenters. §§ 63.8(c)(2). (c)(3). and
(e)(4) of the proposed General
Provisions require continuous
monitoring systems to meet existing part
60 performance specifications, which
were written for criteria pollutant
measurement and contain many items
that are not applicable to HAP. New
methods, specific to HAP. should be
proposed for public comment
The EPA agrees with the commenters.
Therefore, all references to part 60
CEMS performance specifications have
been deleted. Specific methods to
evaluate CEMS performance will be
included within the individual subparts
of part 63. It should be noted that, if
appropriate, these subparts may refer to
Appendix B of pan 60. However, in all
instances, the required performance
specifications for an individual subpart
will be subject to public comment upon
proposal
d. Repair period for continuous
monitoring systems. According to some
commenters, the proposed 7-day period
for the repair of CMS in §63.8(c)(l) is
too restrictive, for example, in cases
where a major component has failed and
replacement parts may not be available
within 7 days. In addition, when a
critical component fails and is replaced.
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Ruies and Regulations 12419
the entire monitoring system may have
to undergo another performance
specification test and/or extensive
^calibration. These requirements may
take up to 14 days to perform. The EPA
should clarify that there is no violation
in situations where the repairs or
adjustments require more than 7 days.
so long as the owner or operator
responds with reasonable promptness.
The adoption of the pan 64 approach.
which requires the submitlal of a
corrective action plan and schedule in
the event of a monitor failure, would be
more reasonable than specifying a
specific time period and would increase
the consistency between the two rules.
Alternatively, a longer time pehod for
repair of systems should be allowed
either in the General Provisions.or in
each individual standard. One
commenter said that § 63.8(c) should be
revised to allow up to 10 days of
downtime per quarter. Finally, the EPA
could establish a minimum level of
acceptable data collection frequency
(e.g.. 75 to 95 percent monthly), which
would provide up-front time flexibility
for repairs and adjustments without
compromising environmental benefit.
One commenter said that the EPA
must provide downtime for routine
maintenance because proper
maintenance of the equipment will
extend the life of the equipment as well
as ensure the quality of data collected
by the CMS. Section 63.8(c)(4) should
be revised to add the exclusion of
maintenance periods from the operation
requirements. Another commenter said
that the owner or operator should not be
required to conduct sampling or daily
zero and high-level checks if the
manufacturing process is not in
operation, and that process shutdowns
should be included in the list of
"exempted" periods under § 63.8(c)(4).
Finally, one commenter said that
§ 63.8(c)(4) should be revised to include
performance evaluations and other
quality assurance/quality control
activities as exceptions to the downtime
reporting requirements.
After consideration of these
comments, the EPA has revised
§63.8(c)(l) to require "immediate"
repair or replacement of CMS parts that
are considered "routine" or otherwise
predictable. The startup, shutdown, and
malfunction plan required by
§ 63.6(e)(3) will identify those CMS
malfunctions that fall into the "routine"
category, and the owner or operator is
required to keep the necessary parts for
repair of the affected equipment readily
available. If the plan is followed and the
CMS repaired immediately, this action
can be reported in the semiannual
startup, shutdown, and malfunction
report required under § 63.10(d)(5)(i).
For those events that aflect the CMS
and are considered atypical (i.e.. not
addressed by the startup, shutdown, and
malfunction plan), the owner or
operator must report actions that are not
consistent with the startup, shutdown.
and malfunction plan within 24 hours
after commencing actions inconsistent
with the plan. The owner or operator
must send a follow-up report within 2
weeks after commencing inconsistent
actions that either certifies that
corrections have been made or includes
a corrective action plan and schedule.
This approach is similar to the approach
in 40 CFR part 64 regarding monitor
failures. The owner or operator should
be able to provide proof that repair parts
have been ordered or any other records
that would indicate that the delay in
making repairs is beyond his or her
control. Otherwise, it would cause
enforcement difficulties to decide when
a delay is caused in spite of best efforts
and when the delay is caused by less
than best efforts. Therefore, all delays
beyond the 2-week period may be
considered violations. As discussed in
section 2.4.8 of the promulgation BID. if
the delay is caused by a malfunction
and the source follows its malfunction
plan, that is not considered a violation.
The Agency agrees with the
commenter that routine maintenance of
all CMS is necessary and has revised
§63.8(c)(4) to include maintenance
periods in the list of periods when CMS
are excepted from the monitoring
requirements.
2. Performance Testing
a. Relationship to other testing
requirements. Several commenters had
concerns regarding the relationship
between the requirements in § 63.7,
Performance testing requirements, and
the testing requirements that will be
contained in other subparts of part 63.
One commenter noted a discrepancy
between proposed § 63.7(e), which
requires performance testing under
representative conditions, and
§ 63.103(b)(3) of the proposed
Hazardous Organic NESHAP (HON)
(December 31.1992. 57 FR 62690).
which requires performance testing at
"maximum" representative operating
conditions, and the commenter asked
that the EPA either make the
performance test requirements
consistent for all part 63 subparts or
allow sources to defer to the HON
requirement Another commenter
indicated that performance tests may
not always be meaningful, particularly
in situations where the applicable
subpart requires the elimination of the
use of HAP in the process.
Other commenters statec that
methods for performance testing should
be defined in each individual NtSHAP
under part 63 and that methods under
analysis by the EPA should be subject
to comment by the regulated
community. Others objected to reference
to methods contained in the appendices
of part 60 because they are /or
measuring criteria pollutants and not
HAP.
The testing requirements contained in
§ 63.7 are general and represent an
infrastructure for performance testing as
required by the individual standards
developed under part 63. The general
testing requirements contained in § 63.7
specify when the initial performance
test must be conducted, under what
operating conditions the test must be
conducted, the content of the site-
specific test plan, how long the Agency
has to review the test plan (if review is
required—see next comment), how
many runs are needed, procedures for
applying for the use of an alternative
test method, procedures to request a
waiver of the performance test, and
other general requirements. Each
subpart will include specific testing
requirements, such as the test method
that must be used to determine
compliance, the required duration and
frequency of testing, and any other
testing requirements unique to that
standard.
As described in §63.7(a)(4). subparts
may contain testing provisions that
supersede portions of § 63.7. The
example in the proposed HON (subpart
F) cited by the commenter is a prime
illustration of this situation. Section
63.103(b)(3) of the proposed subpart F
states that "Performance tests shall be
conducted according to the provisions
of § 63.7(e). except that performance
tests shall be conducted at maximum
representative operating conditions for
the process • • *." (December 31.1992
57 FR 62690). This section clearly states
that all of the requirements of § 63.7(e)
apply, except that the test must be
conducted at maximum operating
conditions, instead of at representative
conditions, as required by § 63.7(e). It is
also possible that the EPA could waive
all performance testing requirements fo:
a particular standard if it is determined
that performance tests could not be usei
for determining compliance with the
standard, and other procedures, in lieu
of performance testing, would be
specified for the determination of
compliance.
For each subpart. the EPA will
evaluate the possibility of using existin:
test methods that are contained in parts
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12420 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
51. 60. and 61. However. if a. previously
promulgated method is not appropriate.
the EPA will propose a new test
method. Any requirement to test for
HAP in part 63. other than the
requirements in § 63.7, and any new ••**
methodls). will be snbject to public
comment at the time the standard and
method are proposed.
b. Definition of "representative
performance. ^Several commenters had
concerns regarding the lack of a
definition of "representative
performance" required for performance
lest conditions. One commenter said
that § 63.7(e) should be revised to reflect
maximum design operating conditions
that the source or control device will
normally experience. Several
commenters stated that the source
should be allowed to determine
representative operating fnnrlitinn* for a
performance test. One commenter
thought that the source should
determine representative operating
conditions, subject to EPA approval
Another commenter stated that
§63.7(e)(l) is acceptable as proposed.
The term "representative
performance" used in § 63.7(e) means
performance of the source that
represents "normal operating
conditions." At some facilities, normal
operating conditions may represent
maximum design operating conditions.
In any event, representative
performance or conditions under which
the source will normally operate ore
established during the initial
performance test and will serve as the
basis for comparison of representative
performance during future
• source ntn comply with the more
stringent promulgated standard within
120 days of the effective date, it should
onlv be required to perform one test.
The EPA does not believe that an
additional performance test is an
unreasonable burden, given that the
source is allowed an additional 3 years
to come into compliance with the
promulgated part 63 standard. However.
the EPA agrees with the commenier that
if the source chooses to comply with the
promulgated standard within 180 days
(changed from 120 days per the
discussion in section IV.G-2-b of this
preamble) of the effective date, then a
second performance test sh/mlH cot be
required. While thi* was always the
intent of this section, the EPA also
agrees that thi« mrtinq of the proposed
rule could have been interpreted to
require two source tests in all situations.
Therefore. § 63.7(aU2)tix) has
tests. To clarify *"'« intent, a phrase ha«
been added in § 63.7(e) to indicate that
representative performance is that based
on normal operating conditions fr«r t+m
source.
c. Two performance tests.
Commenters said that, for sources
constructed with the proposed rule in
mind, the EPA should not require two
performance tests under § 63.7(a)(2)(ix)
if one will suffice. Ac proposed.
§63.7(a)(2J(ix) requires that, if the
owner or operator commences
construction or reconstruction after
proposal and before promulgation of a
part 63 standard and if the promulgated
standard is more stringent than the
proposed standard, the owner or
operator must conduct a performance
test to demonstrate compliance with the
proposed standard within 120 days of
the promulgation (Le., effective) date
and a second performance test within 3
years and 120 days from the effective
date of the standard to demonstrate
compliance with the promulgated
standard. The commenter said that if the
revised to allow owners or operators of
new or reconstructed sources the option
to comply with the promulgated
standards within 180 daya after the
standard's effective data.
d. Review of site-specific test plans.
The provisions pertaining to site-
specific test plans contained in
§ 63.7tc)(2) received a great deal of
attention from commenters. Several
commenters indicated that the level of
detail required m the site-specific test
plan would create an unreasonable
burden. One commenter estimated that
it could take up to 2 years to prepare a
test plan with the level of detail
required in § 63.7(cK2). Many suggested
that site-specific test plans should be
required only when there is a deviation
from tho re ference methods.
A number of com m enters believe the
proposed requirements that every site-
specific test plan be submitted to the
Agency, and then appro-red by the
Agency within 15 days, would be
extremely burdensome for both the
owners and operators and regulatory
agencies.
As a result of these comments,
significant changes have been made to
§ 63.7(c). Owners or operators still must
prepare site-specific test plans, and the
required elements of sacfa plans are the
same as those proposed. The EPA
believes the requirements of me test
plan are basic and necessary to ensure
that the test will be conducted property.
However, the requirement that all site-
specific test plans ba submitted to, and
approved by, the Administrator has
been deleted. The rationale for these
decisions is discussed in the following
paragraphs.
The Agency believes that test plans
should be prepared for all performance
tests. The test plan assures that all
involved parties understand the
objectives and detaib of the test
program. A well-planned test program is
vital to ensure that the source is in
compliance with the standard. The EPA
does not believe that the preparation of
site-specific test plans is overty
burdensome to facilities. In fact.
experienced testing professionals
routinely prepare site-specific test plans
(including quality assurance programs)
that would meet the performance test
requirements of § 63.7(c)(2).
In addition, the EPA has created a
guideline document. "Preparation and
Review of Site-Specific Test Plans"
(December 1991) to assist owners,
operators, and testing professionals in
the preparation of complete site-specific
test plans. This guidance can be
downloaded from the EPA Office of Air
Quality-Planning and Standards bulletin
board, the Technology Transfer Network
(TTN).
Upon review of th« CT"1"**?1**.
particularly those from State and local
agencies, the EPA decided that it was
in the provisions requiring snbmittal
and approval of site-specific *"** pl
As noted above. **"->i affected hinuce
owner or operator must prepare a site-
specific test plan. However, owners or
operators are only required to submit
«h<« plan to the Agency for review and
approval upon request from the
Administrator (or delegated Stale 1. m
addition, the provisions relating to the
approval of site-specific test plans have
been modified to allow greater
flexibility; that is, th«» timelines have
been modified to allow more time for
interim activities performed by both the
Administrator and the owner or
operator.
hi order to be consistent with the
changes made regarding performance
test plans, the EPA has a'
trevisec
§ 63.8(d)(2) of the General Provisions.
and the subminal of a site-specific
performance evaluation test plan for the
evaluation of Q4S performance is «tyi
optional at the Administrator's request.
E. Construction ojto RKomtiut.lton
1. Definition of Reconstruction
In response to comments, the EPA has
revised the definition of reconstruction
to make it dearer and easier to
understand. The revised definition
clarifies that reconstruction may refer to
an affected or a previously unaffected
source that becomes an affected source
upon reconstruction. This definition
also clarifies that the source const be
able to meet the relevant standards
established by me Administrator or by
a State. Major affected sources, or
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12421
previously unaffected major sources that
reconstruct to become major affected
sources, must undergo preconstrucuoo
review in accordance with procedures
described in §§ 63.5 (b)(3) and (d).
Affected sources that are nonmajor or
previously unaffected noomajor sources
lhat reconstruct must submit a
notification in accordance with
§ 63.5fb)(4). but they are not required to
undergo preconstruoion review.
2. Construction/Reconstruction Plan
Review
Comments also were received on the
need for procedures governing the
review 01 construction and
reconstruction plans under proposed
§63.5(c). State and local agencies
commented that they do not have the
resources to conduct optional plan '
reviews at the source's request, nor did
they feel that this is an appropriate
requirement for the General Provisions.
Upon review of these comments, the
Agency has decided to delete § 63.5(c)
from the final rule. While the Agency
encourages communication between
delegated authorities and owners or
operators of new or reconstructed
sources that may be affected by a pan
63 standard during the preparation of
construction/reconstruction
applications, the Agency has decided to
reduce the burden on State and local
agencies by not mandating the informal
review of plans in the General
Provisions.
One State agency indicated that the
General Provisions should allow
existing State construction permit
programs to be used as the
administrative mechanism for
performing preconslruction reviews for
sources subject to part 63 standards. As
discussed in greater detail in section
IV.C-3 of this preamble. States can use
existing construction permit programs
to implement the provisions in § 63.5 if
the programs are approved under the
section 112(1) approval process
developed in subpart E of part 63.
3. Determination of Reconstruction
Several commenters had concerns
about the manner in which
reconstruction determinations would be
made. One commenter indicated that
replacements "in-kind" and retrofitting
should be exempt from a reconstruction
determination. Other commenters felt
that the cost of control devices to
comply with existing source MACT.
reasonably available control technology.
or any other emissions standard should
not be included.
The reconstruction determination
formula is based upon factors outlined
in the rule, including a fixed capital cost
comparison between a replacement
project and a comparable new source.
This cost comparison may include the
cost of control equipment, consistent
with the EPA-'s existing policy as stated
in the December 16.1975 Federal
Register notice (see 40 FR 58416) that
deals with modification, notification.
and reconstruction-requirements under
40 CFR part 60. The preamble to that
regulation states that:
The term "fixed capital cost" U defined a*
the capital needed to provide til the
depreciable components and it intended to
include *uch thing* as the costs of
engineering, purchase, and installation of
ma)or process equipment, contractors' fees.
instruiaenution. auxiliary facilities.
buildings, and structures. Costs associated
with the purchase and installation of air
pollution control equipment (e.g., baghouses.
electrostatic precjpiutors. scrubber*, etc.) are
not considered in estimating tha fixed capital
cost of a comparable entirely new facility
unles* that control equipment Is required as
pan of the proceu (e.g.. product recovery).
Retrofitting and replacements are the
type of activities to which the
reconstruction provisions are intended
to apply. In those instances where
changes are instigated specifically to
comply with a relevant part 63 standard.
and the changes are integral to the
process, it is not the EPA's intent to
penalize existing sources by subjecting
them to new source MACT
requirements.
4. Application for Approval of
Construction or Reconstruction
Several commenters objected to the
requirement that new major affected
sources submit an application for
approval of construction or
reconstruction 180 days before
construction or reconstruction is
planned to commence.
Although the EPA does not agree with
the commenters' contention that the
180-day time period is overly
burdensome. §63.5(d)(l)(i) of the final
, rule has been revised to allow owners
and operators of new major affected
so'irces greater discretion in the timing
of submitting applications. The final
rule requires owners or operators to
submit the application "as soon as
practicable" before the construction or
reconstruction is planned to commence.
The burden is on the owner or operator
to ensure that the application is
submitted in a timely fashion, so that
adequate review may take place under
the procedures specified in § 63.5(e) and
commencement of construction or
reconstruction will not be delayed. The
EPA believes it is in owners' and
operators' best interests to submit
preconstruction review applications as
early as is feasible. The requirements in
§63.9(b)(4)(i) and §63.9(b)(5) foi a
notification of intention to construct or
reconstruct a new major affected source
or a new affected source have also been
revised to reflect this change in the final
rule.
F. Operation and Maintenance
Requirements: Startup. Shutdown, and
Malfunction Plans
1. Content of Plans
Several commenters complained lhat
the §63.6(e)(3)(i) requirement that the
startup, shutdown, and malfunction
plan contain detailed "step-by-step"
procedures for operating and
maintaining the source during periods
of startup, shutdown, and malfunction"
was overly burdensome and did not
allow the facility to devise maintenance
actions that would ensure compliance
with the relevant emission limitation. In
addition, commenters said that the
overall level of detail required in the
startup, shutdown, and malfunction
plan was excessive.
Commenters said that the plan should
focus only on equipment that is actually
used to achieve and maintain
compliance with a relevant standard
such as pollution abatement equipment.
process equipment used as the last piece
of recovery equipment if not followed
by emission control equipment.
emission or parameter monitoring
equipment, and recordkeeping
equipment. Also. S63.6(e)(3)(i) should
be revired to clarify that the plan
requirements apply to: "malfunctioning
process and air pollution equipment
used to comply with the relevant
standard." Another commenter said that
process equipment should not be
included in the plan because companies
already have adequate incentives to
maintain their process equipment.
Another comment concerned the
timeframe under which the plan must
be developed and implemented. The
commenter noted that §63.6(e)(3)(i)
implies that the source might have to
develop the plan before the compliance
date for the relevant standard or startup.
The EPA intends the startup,
shutdown, and malfunction plans to be
thorough. On the other hand, the EPA
expects these plans to be based on
reasonable evaluations by the owner or
operator, and the plans are intended to
provide flexibility to the owner or
operator to ad appropriately at all times
to reduce emissions during these events.
The requirement for "step-by-step"
procedures has been deleted because it
conveys a level of detail that is not
always needed. In addition, the
suggestion to limit the requirements to
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1Z422 Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations
that equipr-.ent that can have an effect
on compliance with the relevant
standard has been adopted as weLL
Process equipment may be included.
however, because process equipment
can affect emissions.
b general, the level of detail is left to
the discretion of the owner or operator
who must decide how much detail plant
personnel need in order to ensure
proper operation and maintenance of
equipment during startup, shutdown.
and malfunction events. Excess
emissions occur during these events
when air pollution is emitted in
quantities greater foa" anticipated by
the applicable standard. Excess
emissions are often determined by
compliance monitoring required by the
applicable standard. If excess emissions
are not reasonably anticipated during _
these events, the plans could be very
simple. Alternatively, if excess
•missions aie expected to occur during
artup, shutdown, or malfunction
.vents, the plan needs to be
correspondingly detailed to ensure that
appropriate actions are taken to control
the emissions.
Excess emissions are typically direct
"'indications of noncompliance with the
emission standard and. therefore, are
directly enforceable. Without
demonstrating that a startup, shutdown.
or malfunction event caused the excess
emissions, the owner or operator cannot
certify compliance. In such instances
whero the excess emissions occurred
during a startup, shutdown, or
malfunction, the owner or operator must
also have followed the plan to certify
compliance. If the owner or operator
prepares a deficient plan, the EPA can
request that the plan be upgraded and
may consider enforcement actions.
Section 63 6(e)(3)(i) has been revised
to clarify that the plan must be
developed before and implemented by
the compliance date for the source.
2. Option to Use Standard Operating
Procedures
Commenters supported the use of
standard operating procedures (SOP) as
a surrogate for the development of a
separate startup, shutdown, and
malfunction plan. However, they
pointed out two concerns with the use
of SOP. The first potential problem is
that SOP generally are very complex (at
least at chemical plants), and they are
developed to allow the operator to
respond to a wide variety of process
conditions. Commenters were
concerned that an excessive amount of
time could be spent in educating
permitting agencies regarding the
Contents of the SOP. A second concern
is that SOP ii:ay contain confidential
business information. (~r
that the rules should provide that such
information will be kept confidential by
the Agency.
One commenter noted that facilities
covered by Occupational Heahh and
Safety Administration (OSHA) operating
requirements should ba allowed to use
the OSHA plan to meet the intent of
§ 63.6(e). Operation and maintenance
requirements, and file a nnrifiratinn that
they are covered by OSHA in place of
submitting a startup, shutdown, and
malfunction plan. Other plans p"*h as
hazardous waste emergency response
plans should be accepted as
alternatives, too.
A few commenters also asked whether
it is necessary to maintain a separate
plan if the startup, shutdown, and
malfunction plan becomes part of the
operating permit. If SOP are used, they
could simply be referenced in the
operating permit. Alternatively,
commenters said that SOP used for
startup, shutdown, ""d malfunction.
plans should not be required in permits
and are not enforceable under part 70.
The intent of allowing the use of SOP
is to provide the owner or operator an
option of complying with these
requirements that may result in reduced
recordkeeping burden. IT the owner or
operator determines that use of SOP Is
too cumbersome, he or she should
develop a specific startup, shutdown,
and malfunction plan.
Because the need for startup.
shutdown, and malfunction plans is
determined by Federal requirements.
each plan would be incorporated by
reference into the source's part 70
operating permit. As such, the plans
would be considered public
information: however, confidential
business information can be protected
according to the procedures in part 70
and § 63.15 of the General Provisions.
The EPA believes that, while an owner
or operator should not include
confidential information in the plan, if .
certain confidential information is
necessary for the plan to be used
properly, the owner or operator should
discuss the situation with the enforcing
agency.
Facilities would be allowed to use an
OSHA or other plan (or any portion
thereof) in lieu of a startup, shutdown.
and malfunction plan only if it meets
the requirements in § 63.6(e). The
burden is on the source owner or
operator to demonstrate that any plan
not specifically developed to comply
with the requirements in §63.6(e) meets
the intent and all applicable
requirements in that section.
; said 3. Reporting Requirements
Some commenters said that startup,
shutdown, and mil I function igpum
should only be required (at least in the
case of area sources) when excess/
reportable emissions to the atmosphere
occurred as a direct result Commenters
requested that the EPA should
encourage sources to discover ways not
to emit amounts of pollutants in excess
of applicable standards, or not to exceed
established parametric limits, during
periods of startup, shutdown, and
malfunctions by inserting the concept of
"emissions in excess of an otherwise
applicable standard or operation outside
of established parametric requirements"
into the definitions of startup.
shutdown, and malfunction situations.
If a source does not experience a period
where some emission or parameter
requirement is exceeded, no records or
reports should be required, according to
commenters. In addition, commenifirs
stated that the requirement that a
responsible corporate official certify a
report of action taken under a startup.
shutdown, and malfunction plan is well
beyond statutory authority and should
be withdrawn. *
As discussed below, the EPA has
changed the General Provisions to
clarify that startup, shutdown, and
malfunction reports need only address
events that cause emissions in excess of
an otherwise applicable standard or
operation outside of an established
parametric requirement. This change
will encourage owners and operators to
maintain emissions at all times to the
levels required by the standard. When
no excess emissions occur under this
approach, no records or reports are
required. On the other hand, if an owner
or operator fails to record the necessary
information when excess emissions do
occur, they cannot certify rfimpli.an.oB
with the startup, shutdown, and
malfunction plan.
Section 63.10(dM5) has been revised
to allow the reports to be signed by the
owner or operator or other responsible
official. In some cases, "corporate'*
officials may not be located at the plant
site. Also, smaller companies may not
be incorporated and may only have a
few employees. For example, dry
cleaning facilities are generally ymall
businesses, in which case the owner
must sign the report.
Commenters also said that the EPA
should provide flexibility to owners and
operators in correcting malfunctions
rather than requiring that actions be
"completely" consistent with the
source's startup, shutdown, and
malfunction plan it is impossible for
owners and operators to develop plans
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Federal Register / Vol. 59, No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12423
that address every conceivable
malfunction. Instead, the EPA should
require thai actions be "materially"
consistent with the plan.
One purpose of the startup.
shutdown, and malfunction reports is to
provide an explanation of why the plan
was not followed during a startup.
shutdown, or malfunction. Presumably,
an owner or operator cannot certify
compliance with the standards for such
events. In the event of a startup.
shutdown, or malfunction, the Agency
believes there is value in receiving these
reports for iw-tinnc that are not
consistent with the plan. These reports
establish an historical record for review
by the enforcing agency. However, in
order to respond to commenters'
concerns, the regulation has been
revised to remove the word
"completely" from the phrase
"completely consistent" in §§63.6{e)(3)
(iii) and (iv) and § 63.10(b)(2)(v). This
revision still satisfies the Agency's
intent to receive reports for actions that
are not consistent with the plan,
Commenters complained that
immediate startup, shutdown, and
malfunction reports required under
§ 63.10(d)l5)(ii) should not be required
because they are redundant with respect
to reporting requirements found in the
Superfund Amendments and
Reauthohzation Ad (section 304) and
the Comprehensive Environmental
Response. Compensation, and Liability
Act (section 103). in the permit rules,
and in the individual standards
themselves.
The alternate notification systems
referred to by the commuter generally
are concerned with releases in
quantities and under conditions that
may not be consistent with the reporting
and compliance needs of the authorities
delegated the authority to enforce pan
63 requirements. To the extent that
other reporting mechanisms provide
duplicate information, they «»" be used
to satisfy the part 63 requirements. This
information would then be compiled in
the source's part 70 operating permit.
4. Reporting Timelines
Several commenters suggested
changes to the required timelines in
§ 63.6{e)(3Hiv). In the case of reporting
any actions taken that are not
"completely consistent with the
procedures in the affected source's
startup, shutdown, and malfunction
plan" within 24 hours, commenters
suggested that thi< requirement should
be changed to be "the next working
day." Alternatively, the requirement
could be changed to be consistent with
the title V emergency provisions that
require reporting within 2 working days.
Commented suggested that because
an event can last fox several days, the
requirement to submit a follow-up
report should be revised to slate dial the
report is due 7 days "after the end of the
event." Other commenlen said that only
deviations that are «tgniRf^«t (e_g.. last
more than 24 hours) »™4 which fail to
correct or which prolong the
malfunction should be reportabla in
writing, and thnn only within 14 days
of the occurrence. Other commenters
said that quarterly reports should be
sufficient or that no reports should be
required if the events are recorded in
the source's operating log.
Upon review and consideration of the
comments. §§63.6(e)(3)(tv) and
63.10(d)(5)(ii) haw been revised to
require reporting of actions that are not
consistent with the plan within 2
working days instead of within 24
hours. This allows the General
Provisions and the operating permits
program established under title V to be
consistent, fn addition, the regulation
has been mvisetl to require that follovr-
up reports for deviations are due *"7
working days after the end of the
event."
5. Compliance With Emission T.imit*
According to some commenters. the
EPA should require that affected sources
meet otherwise applicable emission
limits during startups, shutdowns, and
malfunctions. Commenterrsaw.tha
assumption that emissions can and will
occur as inconsistent with the Agency's
approach in the part 61 NESHAP. which
requires that sources comply with
emission limitations al aH *im«»«i Also.
some commenters stated that the EPA
has not shown that exceedance of
standards is always necessary during,
these periods or that malfunctions are
not avoidable. These commenters
believed thai difficulties in determining
violations do not justify relaxing
standards.
Other commenters said that sources
should *alca Steps tO TninimJTa pmi«inns
during startup, shutdown, and
ma! nmrtinn periods. For example, a
time limitation on the length of a startup
or shutdown could be established.
Alternatively, the EPA should exempt
facilities from the requirements
associated with the startup, shutdown,
and malfunction plans if they can
comply with the standards during these
events. A simple notification'that the
source intends to comply at all times
rather than develop and implement the
provisions of § 63.6(e) (i.e.. a startup.
shutdown, and malfunction plan)
should be added to recognize this
condition.
In contrast, other conxmenien wanted
to strength-n the assumption that excess
emissions Curing these events is not a
violation n.iiftss specified in the
relevant standard or a determinal>on is
made under § 63.6(e)(2) that acceptable
operation and maintenance procedures
are not being followed.
The EPA believes, as it did at
proposal, that the requirement for a
startup, shutdown, and malfunction
plan is a reasonable bridge between the
difficulty associated with determining
compliance with an emission standard
during these events and a blanket
exemption from emission limits. The
purpose of the plan is for the source to
demonstrate how it will do its
reasonable best to maintain compliance
with the standards, even during
startups, shutdowns, and malfunctions.
In addition, individual standards may
override these reqmrenrents in cases
where it is possible to hold sources to
stricter standards. In some cases it may
be reasonable to require certain source
categories to meet the emission
standards at all times.
Another point to consider is the
beneficial effect of enhanced
monitoring. Once enhanced monitoring
requirements are effective through the
individual standards, owners and
operators will be required to pay
extremely close attention to the
performance of their process and
emission control systems. If the
enhanced monitoring requirements are
generated reflecting normal operational
variations, the number of potential
noncomplying emissions should be
minimized and only truly significant
malfunctions will need to be addressed
in the plan. Enhanced monitoring
should driTB sources to continuous good
performance that minimises emissions
and. thus, startup, shutdown, and
malfunction plans rnn focns on the less
common events. In this way, concerns
regarding excess emissions during
startups, shutdowns, or malfunctions
should lessen.
The EPA agrees that sources that can
demonstrate that compliance with the
emission standards is not in question
fhiring periods of startup, shutdown.
and malfunctions should not be
required to develop and implement full-
blown startup, shutdown, and
malfunction plans. Instead, these
sources should demonstrate in their
startup, shutdown, and malfunction
plan why standards cannot be exceeded
during periods of startup, shutdown.
and malfunction.
In a related matter, the EPA has also
clarified §63.6(e)(l)(i) to stale that
sources must mini"1'™ emissions "at
least to the levels required by all
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12424 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
relevant standards" to respond to a
commenter's concern that the original
language to "minimize emissions"
could exceed the requirements of the
Act.
C. Recordkeeping and Reporting
Requirements
I. Notification Requirements
a. Applicability. A significant number
of commenters supported the proposed
requirement that only affected major
and area sources within a category of
sources for which a pan 63 standard is
promulgated be required to submit an
initial notification. On the other hand.
four commenters believe that all
sources, affected and unaffected, should
be required to submit an initial
notification to identify sources lhat_may
be subject to a part 63 standard or other
requirement One of these commenters
stated that sources claiming that they
are below the major source threshold
should notify both the EPA and the
State and should submit documentation
of their claim (e.g.. a copy of the permit
showing control requirements). One
commenter suggested that delegated
agencies should be responsible for
identifying affected sources, rather than
requiring initial notifications.
In addition, many commenters
complained that the initial notification
requirement for affected sources was too
detailed and suggested a few ways to
simplify the initial notification: (1)
Include only notification of name and
address of owner or operator, address of
affected source, and compliance date: or
(2) require only a letter of notification
identii/iug subject sources.
The EPA requested comments on the
proposed requirement for initial
notification by only affected sources
within a category of sources, specifically
on whether the proposed requirements
offer sufficient opportunity for the EPA
or delegated agencies to identify sources
that may be subject to a part 63
standard, or other requirement, and to
review and confirm a source's
determination of its applicability status
with regard to that standard or
requirement. The EPA has evaluated the
comments received and has decided
that the final General Provisions will
require initial notification by only
affected sources within a category of
sources, the same as proposed. This
would reduce the burden on area
sources, many of which are small
businesses. The implementation of the
parts 70 and 71 permit programs will be
the process to bring overlooked or
noncomplying sources into the
regulatory program. In addition, the
MACT technical support documents
denning the source categories and well-
designed toxics emission inventories
also will help agencies to identify
affected sources. The EPA believes that
these mechanisms are sufficient for the
EPA or delegated agencies to identify
additional sources that may be subject
to a part 63 standard or other
requirement.
Although only affected sources will
be required to submit an initial
notification, the EPA has added a
requirement for the owner or operator of
an unregulated source to keep a record
of the applicability determination made
for his or her source. Section 63.10(b)(3)
requires that an owner or operator who
determines that his or her stationary
source is not subject to a relevant
standard or other provision of part 63
keep a record of this applicability
determination. This record must include
an analysis demonstrating why the
source is unaffected. This information
must be sufficiently detailed to allow
the Administrator to make a finding
about the source's applicability status
with respect to the relevant part 63
standard or requirement.
In response to the comments
requesting simplification of the initial
notification requirements for affected
sources, the final rule provides that
some of the information that the
proposed rule would have required in
the initial notification be provided later
in the notification of compliance status
l§ 63.9(h)]. The initial notification will
include only the following information:
(1) The name and address of the owner
or operator; (2) the address (i.e..
physical location) of the affected source;
(3) an identification of the relevant
standard, or other requirement, that is
the basis of the notification and the
source's compliance date; (4) a brief
description of the nature, size, design
and method of operation of the source.
Deluding its operating design capacity
-nd an identification of each point of
emission for each HAP. or if a definitive
identification is not yet possible, a
preliminary identification of each point
of emission for each HAP; and (5) a
statement of whether the affected source
is a major source or an area source.
In addition. § 63.9(h), Notification of
compliance status, has been revised to
include the information formerly
required in the proposed initial
notification under § 63.9(b)(2) (v)
through (viii).
b. Duplicate notification submittal.
Some commenters said that the
§ 63.9(a)(4)(ii) requirement that sources
in a State with an approved permit
program submit notifications to both the
part 70 permitting authority and the
relevant EPA Regional Office is
unnecessary. A similar requirement is
found in § 63.10(a)(4)(ii) regarding
report submittal According to these
commenters. once a State has permitting
authority, it should have the full
authority to receive all notifications and
reports.
The rule has been amended to allow
EPA Regional Offices the option of
waiving the requirement for the source
to provide a duplicate copy of
notifications and reports. The EPA has
tried to limit the amount of duplicate
reporting a source is required to do
under part 63. However, in some cases
it is necessary for both the permitting
authority and the Regional Office to
receive notifications and reports. Even
when the EPA has delegated a program
to a permitting authority, the Regional
Offices must receive some baseline
information to track implementation of
the programs and provide guidance for
national and regional consistency.
c. Negotiated schedule*. Section
63.9(i)(2) of the proposed General
Provisions, which requires delegated
agencies to request in writing a source's
permission to take additional time to
review information, is inappropriate
according to "some commenters.
Agencies should not have to request
additional time to review information.
Upon review and consideration of this
comment, the Administrator determined
that this proposed provision is in
conflict with the Administrator's
authority to gather and consider
information granted under section 114
of the Act. As a result, this aspect of the
negotiated schedule provision has been
deleted from the final rule. However.
the Administrator also belie"23 'hat
reasonable accommodations regarding
schedule negotiations can and should be
made between administering agencies
and affected sources so long as overall
environmental goals are achieved.
Language has been added to § 63.9(0(4)
to require agencies to notify sources of
delays in schedules and to inform the
sources of amended schedules to
facilitate communication between the
two parties.
2. Timeline Issues
As part of the Agency's evaluation ~-
process in developing the final rule,
timing issues in general were
considered, along with individual
comments from industry. State and local
agencies, trade associations, and other
parties. A summary of the General
Provisions as they relate to timelines of
the individual requirements is
presented in Appendix A of the
promulgation BID for the General
Provisions. (This summary is too
lengthy to include in this preamble.)
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Federal Register / Vol. 59. No. 51 / Wednestiay. March 16. 1994 / Rules and Regulations 12425
The Agency considers these provisions
to be *»gnin.«-«nt because they represent
the critical path timing constraints to be
met by all affected sources.
». Compliance extension requests.
Because §&3-6(i)U2)(ii) as proposed
only allows a source 15 days to respond
to an EPA request for additional
information on a compliance extension
lequest. common tars said »h«* the EPA
should provide additional time to
account for times when additional
testing is needed or there are other
circumstances that require additional
time to prepare a response. Similarly, a
7-day deadline for a source to respond
to a notice of an intent to deny a request
for extension (§ 63.6(iKl2)(iii)(B)) or a
notice that an application is incomplete
l§63.6(i)(13)(iii)(B)) is insufficient.
according to commenters. One'
commenter said that the time periods
should be mutually agreed upon by the
owner or operator and the permitting
authority. Another commenter said that
a simple mechanism for States to alter
the timeframes of these and other
notification, reporting, and
recordkeeping provisions should be
added.
Other commenters said that the
deadlines for Agency revie-w and
responses should be increased.
The majority of the deadlines in
§§63.6(i)(12) and (i)(13) have been
increased to allow additional time for
Agency review and for owners or
operators to provide additional
information, tn particular.
§63.6(iXl3)(i) has been changed to
allow the Administrator 30 days to
notify the owner or operator in writing
of approval or intention to deny
approval of a request for an extension of
compliance. Sections 63.6(i)(12)(i) and
(i)(13)(i) have been changed to allow the
Administrator 30 days and 15 days.
respectively, to notify the owner or
operator of the status of his/her
application. Sections 63.6(i)(12)(ii) and
(i)(13)(ii) have been changed to allow
the owner or operator 30 days and 15
days, respectively, to provide additional
information after receiving notice of an
incomplete application. Sections
63.6(i)(12)(iiiMB) and (i)(13)(iii)(B) have
been changed to allow the owner or
operator IS days to provide additional
information after receiving notice of an
intended denial Finally. §63.6(i)ll3)(iv)
has been revised to allow the
Administrator 30 days to issue a final
determination.
The increased time periods for review
and response may result in some
instances where a request for an
extension could be denied, leaving the
source with very little time to
demonstrate compliance under the
existing schedule. This may be an issue
for sources subject to tbe section 112tf)
residual risk standards, which are to b«
promulgated & years after the section
112(d) MACT standards. However, the
EPA believes that tbe likelihood of this
scenario occurring is relatively remote
and would only ocrar under a worst-
case situation of one or more requests
for additional irtfru-maiinn and "^h
parties using th* full time period
allotted for their individual ariinny la
addition, other changes made to
performance test mqnirgmpnic. (e.g.. a
decrease in the performance test
notification period anH tn«> change to
make gihmiccirm
plans for approval al the Agency's
discretion) will decrease the lead time
required for a source to demonstrate
compliance, *""» limiting th«» impacts of
a "late" denial of an extension request.
Furthermore, as part of the section
112(1) approval process. Slate agencies
may establish different timelines to
allow better coordination with existing
State programs, with some exceptions
such as compliance dates. Also, as
discussed in § 63.9[i], an owner or
operator and the permitting agency may
mutually agree to schedule changes.
Commenters also stated that the
General Provisions should include
provisions for a 5-year extension of
compliance for installation of BACT or
technology to attain LAER pursuant to
section 112fj)(6) of the Act.
In response to these comments, the
EPA has revised the regulation to
incorporate these compliance
extensions. Provisions implementing
extensions of compliance for
installation of BACT or technology to
meet LAER are included in the final rule
in§63.6<5)(5).
b. Performance test deadlines. Many
commenters said that sources should be
allowed more than 12O days from
startup or other triggering milestones to
conduct a performance test. Most
suggested 180 days as a more
appropriate time period. Hazardous air
pollutant performance testing is
perceived to bo more complicated than
performance testing for criteria
pollutants. An additional argument is
that the part 60 general provisions
(§ 60.a(a)) provide 180 days in which to
conduct performance tests after startup
and that the part 63 requirements
should be consistent.
The Agency agrees that, in many
cases. 180 days to conduct performance
tests may be necessary, and there is also
some merit in having the performance
testing deadlines in parts 60 and 63 be
consistent. Therefore, the EPA has
modified § 63.7(a)(2) to set performance
test deadlines within 180 davs of the
effective date of the relevant standards,
tho initial sunup date, or the
com p Li anca date. «s applicable.
c, Notification of performance Lest.
Many commenters felt that the § 63.7 (b)
requirement that owners or operators
submit a notification of a performance
Lest 75 days before the test is scheduled
to begin was an excessive period of
time. Commemefs also said that the
observation of the test by the EPA
should be optional.
Section 63,7(b) has been revised to
reduce the notification period to 60
days. This time period should provide
sufficient notice given that the
requirement to submit these plans for
review and approval is now at the
Administrator's discretion (see section.
FV.D.2.C of thi«t preamble)- Observation
of the test by the EPA is intended to be
optional, and the (action has been
revised to clarify thU point. A similar
change was made to § &3.fi(e)U), notice
of performance evaluation (for CMS) to
allow a 60-day period rather than a 75-
day period.
In the same general vein of allowing
additional time to comply with the
performance testing requirements, the
times aUowed for an owner or operator
to respond to the Administrator's
request to review a site-specific test plan
under §63.7(c) and for the
Administrator to provide a decision
have been changed to allow both parties
more timq to conduct these activities.
The same changes were also made to
similar requirements related to site-
specific performance evaluation plans
under §§63.8fd) and (e).
d. Test results. Commenters said that
§ 63.7(g) should be revised to allow
more *h«n 45 days for sources to submit
the results of performance tests to the
appropriate agencies.
Section 63.7(g) has been revised to
allow sources 60 days to submit the
required performance test results to tho
enforcing agency.
e. Initial notification. Several
commenters said that affected sources
should be given more than 45 days
under § 63.9(b) to provide an initial
notification. In many cases, 45 days will
not be enough time to learn of the
adoption of an emission standard,"
determine whether the standard is
applicable to the source, and file the
initial notification. Many commenters
suggested 120 days as a more
appropriate period. Some noted that the
EPA already has proposed under the
HON to require the initial notification
up to 120 days after the effective date of
that rule.
The Agency agrees that many sources
will require more time than allowed at
proposal to determine whether they arc
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12426 Federal Register / Vol. 59. No. .">! / Wednesday. March 16. 1994 / Rules and Regulations
affected by individual standards and to
file the initial notification required by
§63.9(b). Therefore, the initial
notification period in the final rule has
been increased from 45 days to 120 days
after the effective date of standards (or
after a source becomes subject to a
standard). For most sources, this change
will enhance their ability to meet the
initial notification requirements and
will not affect their ability to meet other
milestones, such as conducting any
required performance testing and
ensuring that the source is in
compliance with the standard by the
compliance date, which in many cases
will be 3 years from the effective date.
However, in cases where the existing
source compliance date is considerably
shorter than the 3-year maximum
allowed period or the source in question
is a new source that must comply
within 180 days of the effective date (or
startup), a shorter initial notification
period may be set in the individual
standards to accommodate those cases
where an earlier notification would be
desirable from both the source's and the
permitting agency's perspective. As
discussed in section IV.G.I.a of this
preamble, the requirement to submit
several pieces of information was
removed from the initial notification
and added to the compliance status
report, which decreases the burden and
time required to develop the initial
notification. Therefore, the Agency
believes that 120 days is adequate for '
submitting the initial notification.
3. Recordkeeping and Reporting
a. Records retention—length. Several
comments were received on
§ 63.10(b)(l) related to the 5-year record
retention period. Some commenters
argued that: (1) The EPA has not
established a need for a 5-year period.
(2) there is no statutory requirement for
5 years of records retention, and
consistency with the part 70 provisions
is not an adequate basis, and (3) the 5-
year records retention requirement is in
conflict with EPA policy and the
Papenvork Reduction Act. Some
commenters suggested that a 2- or 3-year
period would be preferable.
In contrast, some commenters
supported the 5-year period because it
is consistent with the part 70
provisions.
The EPA believes that the 5-year
records retention requirement is
reasonable and needed for consistency
with the part 70 permit program and the
5-year statute of limitations, on which
the permit program based its
requirement. The retention of records
for 5 years would allow the EPA to
establish a source's history and patterns
of compliance for purposes of
determining the appropriate level of
enforcement action. The EPA believes.
based on prior enforcement history, that
the most flagrant violators frequently
have violations extending beyond the 5-
year statute of limitations. Therefore.
the EPA should not be artificially
foreclosed, by allowing the destruction
of potential evidence of violations, from
pursuing the worst violators to the
fullest extent of the law because of
nonexistent records.
b. Quarter// reports. Some
commenters opposed the requirement
that excess emissions and continuous
monitoring systems reports must be
submitted quarterly when the CMS data
are to be used directly for compliance
determination (§63.10(e)(3)(i)(B)).
-Commenters especially objected to this
provision when "negative" reports (that
show the source is in compliance)
would be submitted. Instead,
commenters believed that the reports
should be submitted semiannually,
which is consistent with the
requirements of title V. In cases where
reporting less frequently than
semiannually will not compromise
enforcement of a relevant emissions
standard, commenters said that the EPA
should allow even less frequent
reporting.
Other commenters suggested that all
sources should be required to report
quarterly. According to these
commenters, allowing sources to report
quarterly at first and later switch to a
semiannual or quarterly schedule,
depending on compliance status and
history, would be confusing and
difficult for States to administer.
Furthermore, the commenters suggested
that only sources that have
demonstrated compliance with all
requirements of the Act should be
allowed to reduce their reporting
frequency.
Some commenters stated that if the
Agency's current approach is adopted.
any request to reduce the frequency of
reporting should be deemed approved
unless expressly denied within 30 days.
Other commenters said that the
§ 63.10(e)(3)(iii) requirement that the
source provide written notification of a
reduction in reporting frequency is
unwarranted and should be eliminated.
Instead, these commenters suggested
that the reduction should automatically
occur after a year of compliance.
One commenter said that 1 year of
data is insufficient to use as a basis for
reducing the frequency of reports, while
another said that it is inappropriate to
use more than the previous year of data
collected.
In consideration of these comments.
§ 63.10(e)(3)(i) has been revised to allow
semiannual reports for sources that are
using CMS data for compliance but have
no excess emissions to report. Quarterly
reports still are required when excess
emissions occur at sources that use CMS
data for compliance, and the frequency
of reporting may be reduced only
through the procedures described in
§63.10(e)(3)(ii). The Administrator
believes that this change will reduce the
number of reports and the burden on
sources.
Section 63.10(e)(3)(iii) has been
revised to clarify that, in the absence of
a notice of disapproval of a request to
reduce the frequency of excess
emissions and continuous monitoring
systems reports within 45 days.
approval is granted. However, the
Administrator believes that excess
emissions and compliance parameter
monitoring reports are a critical
enforcement tool and that any
reductions in their frequency should be
considered carefully by the
implementing agency.
As for the comment that 1 year of data
may be inappropriate to use in
evaluating a request for a reduction in
frequency, the 1-year period is the
minimum required for a source to
submit a request. Up to 5 years of data
may be considered, at the
Administrator's discretion. Because of
the potential variability among sources
and the possible issues associated with
an individual source's compliance
status (e.g., a history of noncompliance).
it is important to preserve the
Administrator's discretion in reviewing
more extensive data to make a
determination.
The EPA-is committed to identifying
ways to increase industry's flexibility to
comply with the part 63 General
Provisions where it does not impair
achieving environmental objectives. As
such, the provisions that allow for a
reduction in reporting burden are
appropriate. (The part 70 operating
permit provisions preclude the EPA
from allowing sources to report less
frequently «han semiannually.)
However, the EPA believes that the
burden should be on sources to
demonstrate ongoing compliance \\ith
applicable standards prior to
considering a request to reduce the
reporting frequency. While the EPA is
sensitive to the possible difficulty that
sources and States might face in
tracking varying reporting schedules.
the specific conditions in title V
operating permits are intended, in part.
to help address the variability among
sources.
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12427
V. Administrative Requirements
A. Docket
The docket for this rulemaking is A-
91-09. The docket is an organized and
complete file of all the information
submitted to or otherwise considered by
the EPA in the development of this
rulemaking. The principal purposes of
the docket are: (1) To allow interested
parties a means to identify and locate
documents so that they can effectively
participate in the rulemaking process;
and (2) to serve as the record in case of
judicial review (except for interagency
review materials) (section 307(d)(7)(A)
of the Act). The docket is available for
public inspection at the EPA's Air and
Radiation Docket and Information
Center, the location of which is given in
the ADDRESSES section of this notice. *
B. Executive Order 12866
Under Executive Order 12866 (58 FR
51735, October 4.1993). the EPA must
determine whether a regulation is
"significant" and therefore subject to
Office of Management and Budget
(OMB) review and the requirements of
the Executive Order. The criteria set
forth in section 1 of the Order for
determining whether a regulation is a
significant rule are as follows:
(1) Is likely to have an annual effect
on the economy of S100 million or
more, or adversely and materially affect
a sector of the economy, productivity.
competition, jobs, the environment.
public health or safety, or State, local.
or tribal governments or communities;
(2) Is likely to create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency;
(3) Is likely to materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligation of recipients
thereof; or
(4) Is likely to raise novel or policy
issues arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
Pursuant to the terms of Executive
Order 12866, the OMB has notified the
EPA that this action is a "significant
regulatory action" within the manning
of the Executive Order. For this reason,
this action was submitted to the OMB
for review. Changes made in response to
the OMB suggestions or
recommendations will be documented
in the public record.
Any written comments from the OMB
to the EPA and any written EPA
response to any of those comments will
be included in the docket listed at the
beginning of today's notice under
ADDRESSES. The docket is available for
public inspection at the EPA's Air and
Radiation Docket and Information
Center. (6102). ATTN: Docket No. A-
91-09. U.S. Environmental Protection
Agency. 401 M Street. SW., Washington,
DC 20460.
C. Paperwork Reduction Act
As required by the Paperwork
Reduction Act (PRA). 44 U.S.C 3501 et
seq.. the OMB must clear any reporting
and recordkeeping requirements that
qualify as an "information collection
request" under the PRA. Approval of an
information collection request is not
required for this rulemaking because, for
sources affected by section 112 only, the
General Provisions do not require any
activities until source category-specific
standards have been promulgated or
until title V permit programs become
effective. The actual recordkeeping and
reporting burden that would be imposed
by the General Provisions for each
source category covered by part 63 will
be estimated when a standard
applicable to such category is
promulgated.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
requires that a Regulatory Flexibility
Analysis be performed for all rules that
have "significant impact on a
substantial number of small entities."
Small entities are small businesses,
organizations, and governmental
jurisdictions. This analysis is not
necessary for this rulemaking, however,
because it is unknown at this time
which requirements from the General
Provisions will be applicable to any
particular source category, whether such
category includes small businesses, and
how significant the impacts of those
requirements would be on small
businesses. Impacts on small entities
associated with the General Provisions
will be assessed when emission
standards affecting those sources are
developed.
List of Subjects
40 CFR Part 60
Environmental Protection.
Administrative practice and procedure.
Air pollution control. Intergovernmental
relations. Reporting and recordkeeping
requirements. Incorporation by
reference.
40 CFR Part 61
Air pollution control. Hazardous
substances. Reporting and
recordkeeping requirements.
Incorporation by reference.
40 CFR Pan 63
Environmental Protection.
Administrative practice and procedure.
Air pollution control. Hazardous
substances. Intergovernmental relations.
Incorporation by reference. Reporting
and recordkeeping requirements.
Dated: February 26. 1994.
Carol M. Browner.
Administrator.
For the reasons set out in the
preamble, chapter I of title 40 of the
Code of Federal Regulations is amended
as follows.
PART 50—STANDARDS OF
PERFORMANCE FOR NEW STATIONARY
SOURCES
1. The authority citation for part 60
continues to read as follows:
Aulliority: Sections 101. 111. 114. 116. and
301 of the Clean Air Act u amended (42
U.S.C 7401. 7411. 7414. 7416. 7601).
2. Section 60.1 is amended by adding
paragraph (c) to read as follows:
§60.1 Applicability.
• • • • •
(c) In addition to complying with the
provisions.of this part, the owner or
operator of an affected facility may be
required to obtain an operating permit
issued to stationary sources by an
authorized State air pollution control
agency or by the Administrator of the
U.S. Environmental Protection Agency
(EPA) pursuant to title V of the Clean
Air Act (Act) as amended November 15.
1990 (42 U.S.C. 7661). For more
info.mation about obtaining an
operating permit see part 70 of this
chapter.
3. Section 60.2 is amended by revising
the definitions of "Act" and
"Malfunction" and by adding in
alphabetical order the definitions
"Approved permit program,"
"Issuance," "Part 70 permit," "Permit
program." "Permitting authority,"
"State," "Stationary source." and "Title
V permit" to read as follows:
§60.2 Definitions.
• • • • •
Act means the Clean Air Act (42
U.S.C 7401 et seq.)
• • • • *
Approved permit program means a
State permit program approved by the
Administrator as meeting the
requirements of part 70 of this chapter
or a Federal permit program established
in this chapter pursuant to title V of the
Act (42 U.S.C 7661).
• • • • •
Issuance of a part 70 permit will
occur, if the State is the permitung
authority, in accordance with the
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12428 Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations
requirements of part 70 of this chapter
and the applicable, approved Stale
permit program. When the EPA is the
permitting authority, issuance of a title
V permit occurs immediately after the
ffA '"i^"* final acting rm thg final
permit.
Malfunction means any sudden,
infrequent, and not reasonably
preventable failure of air pollution
control equipment, process equipment.
or a process to operate in a normal or
usual manner. Failures that are caused
in pan by poor maintenance or careless
operation are not malfunctions.
Part 70 permit means any permit
issued, renewed, or revised pursuant to
part 70 of this chapter.
Permit program means a
comprehensive State operating permit
system established pursuant to title V of
the Act (42 LJ.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.
Permitting authority means:
C) The State air pollution control
agency, local agency, other State agency.
or other agency authorized by the
Administrator to carry out a permit
program under part 70 of this chapter.
or
(2} The Administrator, in the case of
EPA-implemented permit programs
under title V of the Act (42 U.S.C. 7661).
Store means all non-Federal
authorities, including local agencies,
interstate associations, and Slate-wide
programs, that have delegated authority
to implement: (1) The provisions of this
pan: and/or (2) the permit program
established under part 70 of tVii<
chapter. The term State shall have its
conventional meaning where clear from
the context.
Stationary source means any building,
structure, facility or installation which
emits or may emit any air pollutant.
* • • • •
Title V permit means any permit
issued, renewed, or revised pursuant to
Federal or State regulations established
to implement title V of the Act (42
U.S.C 7661). A title V permit issued by
a State permitting authority is called a
part 70 permit in.this part.
4. In § 60.7. paragraphs (eL (fl. and (g)
are redesignated as paragraphs (Q. (g).
and (b). respectively, and iww
paragraph (e) is added to read *s
follows:
§6O7 Notification and saoosdfceeplng.
• • • • •
(e)(l) Notwithstanding the frequency
of reporting requirements specified in
paragraph (c) of this section, an owner
or operator who is required by an
applicable subpart to submit excess
emissions and monitoring systems
performance reports (and summary
reports) on a quarterly (or more
frequent) basis may reduce the
frequency of reporting fox that standard
to semiannual If the following
conditions are met:
0) For 1 full year (e-g, 4 quarterly or
12 monthly -reporting periods} the
affected facility's excess gmi«L«:iniic and
monitoring systems reports submitted to
comply with a standard under this part
continually demonstrate that the facility
is in compliance with the applicable
standard;
(iil The owner or operator continues
to comply with all recordkeening and
monitoring requirements specified in
this subpart and the applicable
standard: and
(iii) The Administrator does not object
to a reduced frequency of inputting for
the affected facility, as provided in
paragraph (eH2) of thi* section.
(2) The frequency of reporting of
excess emissions and monitoring
systems performance land summary)
reports may be reduced only after tile
owner or upeiatur notifies the
Adminj'rtrator in -writing of his or her
intention to make such a change and the
Administrator does not object t3 The
intended change. In deciding whether to
approve a reduced frequency of
reporting, the AdmTniMmim may review
information concerning the source's
entire previous performance history
during the required recordkeeping
period prior to the intended change.
including performance test results.
monitoring data, and evaluations of an
owner or operator's conibrmance •with
operation and maintenance
requirements. Such information may be
used by the Administrator to make a
judgment about the source's potential
for noncornpKance in the future. If the
Administrator disapproves the owner or
operator's request to reduce tile
frequency of reporting, tire
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 oa
which the disapproval is based, fa the
absence of a notice of disapproval
within 45 days, approval is
automatically granted.
(3) As soon as monitoring data
indicate that the affected facility is not
in compliance with any ^mi«.Oim
limitation or operating parameter
specified in tb« applicable standard, the
frequency of reporting *h«H revert to the
frequency specified in the applicable
standard, and the owner or operator
shall submit an excess emissions and
monitoring systems performance iepuit
(and summary report, if required) at the
next appropriate reporting period
following the noncompiying event.
After demonstrating compliance with
the applicable standard For another full
year, the owner or operator may again
request approval from the Administrator
to reduce the frequency of reporting for
that standard as provided for in
paragraphs (e)(l) and (eH2) of this
section.
5. Section €0.19 is added to subpart
A to read as follows:
{60.10 Canara! tioflOcrtoa and reporting
requirements.
(a) For the purposes of this part, time
periods specified in days shall be
measured in calendar days, even if the
word "calendar" is absent, unless
otherwise specified in an -applicable
requirement.
(b) For the purposes of <*"« part, if an
explicit postmark deadline is not
specified ia an applicable requirement
for the suhmittal of a noHfii-atirm
application, report, or other written
to tb*
the owner or operator *h»H postmark
the suosnittal on or before the nuznber
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 IS days
after a particalar «vent takes piece, the
notification shall be delivered or
postmarked on or before 15 days
following the end of the erent. 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.
^ Notwithstanding time periods or
postmark deadlines specified in this
part for the sabmittal of information to
the Administrator by an owner or
operator, or the review of such
information by the Administrator, such
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 1242'
time periods or deadlines may be
changed by mutual agreement between
the owner or operator and the
Administrator. Procedures governing
the implementation of this provision are
specified in paragraph (0 of this section.
(d) If an owner or operator of an
affected facility in a State with
delegated authority is required to
submit periodic reports under this part
to the State, and if the Stale has an
established timeline for the submission
of periodic reports that is consistent
with the reporting frequency(ies)
specified for such facility under this
part, the owner or operator may change
the dates by which periodic reports
under this part shall be submitted
(without changing the frequency of
reporting) to be consistent with the
State's schedule by mutual agreement
between the owner or operator and the
State. The allowance in the previous
sentence applies in each State beginning
1 year after the affected facility is
required to be in compliance with the
applicable subpart in this part.
Procedures governing the
implementation of this provision are
specified in paragraph (f) of this section.
(e) If an owner or operator supervises
one or more stationary sources affected
by standards set under this part and
standards set under part 61. part 63. or
both such parts of this chapter, he/she
may arrange by mutual agreement
between the owner or operator and the
Administrator (or the Slate with an
approved permit program) a common
schedule on which periodic reports
required by each applicable standard
shall be submitted throughout the year.
The allowance in the previous sentence
applies in each State beginning 1 year
after the stationary source is required to
be in compliance with the applicable
subpan in this part, or 1 year after the
stationary source is required to be in
compliance with the applicable 40 CFR
part 61 or part 63 of this chapter
standard, whichever is latest.
Procedures governing the
implementation of this provision are
specified in paragraph (f) of this section.
(0(D(i) Until an adjustment of a time
pehod or postmark deadline has been
approved by the Administrator under
paragraphs"(f)(2) and (f)(3) of this
section, the owner or operator of an
affected facility remains strictly subject
to the requirements of this part.
(ii) An owner or operator shall request
the adjustment provided for in
paragraphs (0(2) and (0(3) of this
section each time he or she wishes to
change an applicable time pehod or
postmark deadline specified in this part.
(2) Notwithstanding lime periods or
postmark deadlines specified in this
pan for the submittal of information to
the Administrator by an owner or
operator, or the review of such
information by the Administrator, such
time periods or deadlines may be
changed by mutual agreement between
the owner or operator and the
Administrator. An owner or operator
who wishes to request a change in a
time period or postmark deadline for a
particular requirement shall request the
adjustment in writing as soon as
practicable before the subject activity is
required to take place. The owner or
operator shall include in the request
whatever information he or she
considers useful to convince the
Administrator that an adjustment is
warranted.
(3) If. in the Administrator's
judgment, an owner or operator's
request for an adjustment to a particular
time period or postmark deadline is
warranted, the Administrator will
approve the adjustment. The
Administrator will notify the owner or
operator in writing of approval or
disapproval of the request for an
adjustment within IS calendar days of
receiving sufficient information to
evaluate the request.
(4) If the Administrator is unable to
meet a specified deadline, he or she will
notify the owner or operator of any
significant delay and inform the owner
or operator of the amended schedule.
PART 61—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
6. The authority citation for part 61
continues to read as follows:
Authority: Sections 101.112.114. 116. and
301 of the Clean Air Act as amended (42
U.S.C 7401. 7412. 7414. 7416. 7601).
7. Section 61.01 is amended by
adding paragraph (d) to read as follows:
§ 81.01 List of pollutants and applicability
of part 61.
• • • • •
(d) In addition to complying with the
provisions of this part, the owner or
operator of a stationary source subject to
a-standard in »>"'« part may be required
to obtain an operating permit issued to
stationary sources by an authorized
State air pollution control agency or by
the Administrator of the U.S.
Environmental Protection Agency (EPA)
pursuant to title V of the Clean Air Act
(Act) as amended November 15.1990
(42 U.S.C 7661). For more information
• about obtaining an operating permit see
part 70 of this chapter.
• • • • •
8. Section 61.02 is amended by
adding in alphabetical order the
definitions "Approved permit
program." "Issuance." "Pan 70 permit.
"Permit program." "Permitting
authority," "State." and 'Tilk V
permit" to read as follows:
§61.02 Definitions.
• • • • •
Approved permit program means a
State permit program approved by the
Administrator as meeting the
requirements of part 70 of this chapter
or a Federal permit program establlshec
in this chapter pursuant to title V of the
Act (42 U.S.C. 7661).
• • • • •
Issuance of a part 70 permit will
occur, if the State is the permitting
authority, in accordance with the
requirements of part 70 of this chapter
and the applicable, approved State
permit program. When the EPA is the
permitting authority, issuance of a title
V permit occurs immediately after the
EPA takes final action on the final
permit.
• • • • •
Part 70 permit means any permit
issued, renewed, or revised pursuant to
part 70.of this chapter.
• • • • •
Permit program means a
comprehensive State operating permit
system established pursuant to title V o
the Act (42 U.S.C. 7661) and regulation
codified in part 70 of this chapter and
applicable State regulations, or a
comprehensive Federal operating perm
system established pursuant to ntle V o
the Act and regulations codified in this
chapter.
• • • • •
Permitting authority means:
(1) The State air pollution control
agency, local agency, other State agenc;
or other agency authorized by the
Administrator to carry out a permit
program under part 70 of this chapter;
or
(2) The Administrator, in the case of
EPA-implemented permit programs
under title V of the Act (42 U.S.C. 7661
State means all non-Federal
authorities, including local agencies.
interstate associations, and State-wide
programs, that have delegated autborit;
to implement:
(1) The provisions of this part: and/o
(2) The permit program established
under part 70 of this chapter. The term
State shall have its conventional
meaning where clear from the context.
• • • • •
Title V permit means any permit
issued, renewed, or revised pursuant u
Federal or State regulations establishec
to implement title V of the Act (42
U.S.C. 7661). A title V permit issued b;.
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1243O Federal
Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
""""*~~~~~~~~~
a State peiuuilin-g smhonry is called *
part "0 perm it in LhLs part.
, • • • •
es to -change an
applicable time period or postmark
deadline specified in this part.
(2) Notwithstanding tfmB periods or
postmark deadlines specified in this
part for the submittal of information to
the Admtnistrator by an owner or
operator, or the review of such
information by the Administrator, such
time periods or deadlines may be
changed by nrarnal agreement between
the uwiivi or operator and the
Administrator. An uwner or operator
who wishes to request a change in a
time period or postmark deadline for a
particular requirement shall request the
adjustment in writing as soon as
practicable before the subject activity is
required to take place. The owner or
• operator shall include in the request
whatever information he or she
considers useful to convince the
Administrator that an adjustment is
warranted.
(3) If. in the Administrator's
judgment, an owner or operator's
request for an adjustment to a particular
time penod or postmark deadline is
warranted, the Administrator will
approve the adjustment. The
Administrator will notify the owner or
upeiator in writing of approval or
disapproval of the request for an
adjustment within 15 calendar days of
receiving sufficient information to
evaluate the request.
(4) If the Administrator is unable to
meet a specified deadline, he or she will
notify the owner or operator of any
significant delay and inform the owner
or operator of the amended schedule.
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
10. The authority citation for part 63
continues to read as follows:
Authority:Sections 101. 112, 11-4. 116. and
301 of Ibe Clean Air Acs as amended by Fob.
L. 101-649 (42 U-S.C. 7-401. 74L2, 7414.
7416.7601).
11. Part 63 is amended by adding
subpart A lo read as follows:
Subpart A—General Provisions
S«c.
63.1 Applicability.
63.2 Deficit 10 as
63.3 Units and abbreviations.
83.4 Prohibited activitiei and
circumvention.
63.5 GuiiiULR.UOD Bud IPLUUSUuuiiuu.
63.6 Compliance with TminJartis and
maintBnancB requirements,
63.7 PeifuiLuanco testing requirements.
63.8 Monitoring requirements.
63.9 NotificBUoB requirements.
63.10 Recordkeeping and reporting
requirements.
63.11 Control device requirements.
63.12 State authority and delegations.
63.13 Addresses of State air pollution
control agencies and EPA Regional
Offices.
63.1« Incorporations fay reference.
63.15 Availability of informaoon and
confidentiality.
Subpart A—General Provisions
§ 6X1 Applicability.
(a) General. {I) Terms used
throughout this part are denned in
§ 63.2 or in the dean Air Act (AcO « -
amended in 1990. except that individual
subparts of this part may include
specific definitions in addition to or that
supersede definitions in § 63.2.
(2)This part contains national
emission standards for hazardous air
pollutants (NESHAP) established
pursuant to section 112 of the Act as
amended November 15.1990. These
standards regulate specinc categories of
stationary sources that emit (or have the
potential to emit) one or more
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12431
hazardous air pollutants listed in this
pan pursuant to section 112fb) 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 pan 61. The
NESHAP In part 61 promulgated by
sienature 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 thi« part.
(3) No emission standard or other
requirement established under this pan
shall be interpreted, construed, or
applied to diminish or replace the
requirements of a more stringent
emission limitation or other applicable
requirement established by the
Administrator pursuant to other
authority of the Act (Including those
requirements In part 60 of this chapter),
or a standard Issued under State
authority.
(4) The provisions of this sub part (i.e..
subpart A of this part) appry to owners
or operators who are subject to
subsequent subparts of this part, except
when otherwise specified in a particular
subpart or in a relevant standard. The
general provisions in subpart A
eliminate th« repetition of requirements
applicable to all owners or operators
affected by this part. The general
provisions in subpart A do not appry to
regulations developed pursuant to
section 112(r) of the amended Act.
unless otherwise specified in those
Tlations.
) [Reserved)
(6) To obtain the most current list of
categories of sources to be regulated
under section 112 of the Act. or to
obtain the most recent regulation
promulgation schedule established
pursuant to section 112(e) of the Act.
contact the Office of the Director.
Emission Standards Division, Office of
Air Quality Planning and Standards.
U.S EPA (MD-13). Research Triangle
Park. North Carolina 27711.
(7) Subpart D of this part contains
regulations that address procedures for
u owner or operator to obtain an
extension of compliance with a relevant
standard through an early reduction of
emissions of hazardous air pollutants
pursuant to section 112(1)15) of the Act
(8) Subpart E of this part contains
regulations that provide for the
establishment of procedures consistent
with section 112(1) of the Act for the
approval of State rules or programs to
implement and enforce applicable
Federal rules promulgated under the
authority of section 112. Subpart E also
establishes procedures for the review
and withdrawal of section 112
Implementation and enforcement
authorities granted through a section
112(1) approval.
(9) (Reserved)
(10) For the purposes of *Hi« part, time
periods specified in days shall be
measured in calendar days, even if the
word "calendar" is absent, unless
otherwise specified in an applicable
requirement.
(11) For the purposes of this part, if
an explicit postmark deadline is not
specified in an applicable requirement
for the submittal of a notification.
application, test plan, report, or other
written communication to me
Administrator, the owner or operator
•hall 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 ahall be postmarked on or
before 15 day* preceding the event;
likewise, if a notification must be
submitted 15 days after • 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, *»mib»r to the postmark
provided by the U-S- Postal Service, or
alternative means of delivery agreed to
by the permitting authority, is
acceptable.
(12) Notwithstanding time periods or
postmark deadlines specified in «h»-«
part for the submittal of information to
the Administrator by an owner or
operator, or the review of such
information by the Administrator, such
time periods or deadlines may be
changed by mutual agreement between
the owner or operator and the
Administrator. Procedures governing
the implementation of this provision are
specified in §63.9(0.
(13) Special provisions set forth under
an applicable subpart of this part or in
a relevant standard established under
this part shall supersede any conflicting
provisions of this subpart.
(14) Any standards, limitations,
prohibitions, or other federally
enforceable requirements established
pursuant to procedural regulations in
this part (including, but not limited to,
equivalent emission limitations
established pursuant to section 112(g) of
the Act) shall have the force and effect
of requirements promulgated in thi* part
and shall be subject to the provisions of
this subpart. except when explicitly
specified otherwise.
(b) Initial applicability determination
for this port. [ 1) The provisions of this
part appry to the owner or operator of
any stationary source that—
(i) Emits or h»« the potential to emit
any hazardous air pollutant listed in or
pursuant to section 112(b) of the Act;
and
(ii) Is subject to any standard.
limitation, prohibition, or other
federally enforceable requirement
established pursuant to this part.
(2) In addition to complying with the
provisions of «hu part, the owner or
operator of any such source may be
required to obtain an operating permit
issued to stationary sources by an
authorized State air pollution control
agency or by the Administrator of the
U.S. Environmental Protection Agency
(EPA) pursuant to title V of the Act (42
U.S.C. 7661). For more information
about obtaining an operating permit, see
part 70 of this chapter.
(3) An owner or operator of a
stationary source that emits (or has the
potential to emit, without considering
controls) one or more hazardous air
pollutants who determines that the
source is not subject to a relevant
standard or other requirement
established under this part, shall keep a
record of the applicability
determination as specified in
§ 63.10(b)(3) of this subpart.
(c) Applicability of this part after a
relevant standard has been set under
this part (1) If a relevant standard has
been established under this part, the
owner or operator of an affected source
shall comply with the provisions of this
subpart and the provisions of that
standard, except as specified otherwise
in this subpart or that standard.
(2) If a relevant standard has been
established under this part, the owner or
operator of an affected source may be
required to obtain a title V permit from
the permitting authority in the State in
which the source is located. Emission
standards promulgated in this part for
area sources will specify whether—
(i) States will have the option to
exclude area sources affected by that
standard from the requirement to obtain
a title V permit (i.e., the standard will
exempt the category of area sources
altogether from the permitting
requirement);
(ii) States will have the option to defer
permitting of area sources in that
category until the Administrator takes
rulemaiing action to determine
applicability of the permitting
requirements; or
(iii) Area sources affected by that
emission standard are immediatery
subject to the requirement to ap-ry for
and obtain a title V permit in all States.
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
If a standard fails to specify what the
permitting requirements will be for area
sources affected by that standard, then
area sources that are subject to the
standard will be subject to the
requirement to obtain a title V permit
without deferral. If the owner or
operator is required to obtain a title V
permit, be or she shall apply for such
permit in accordance with part 70 of
this chapter and applicable State
regulations, or in accordance with the
regulations contained in this chapter to
implement the Federal title V permit
program (42 U.S.C. 7661). whichever
regulations are applicable.
(3) (Reserved)
(4) If the owner or operator of an
existing source obtains an extension of
compliance for such source in
accordance with the provisions of
subpart D of this pan. the owner or
operator shall comply with all
requirements of this subpart except
those requirements that are specifically
overridden in the extension of
compliance for that source.
(S) If an area source that otherwise
would be subject to an emission
standard or other requirement
established under «"'«t pan 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 »hig
subpart.
(d) (Reserved)
(e) Applicability of permit program
before a relevant standard has been set
under this part. After the effective date
of an approved permit program in the
State in which a stationary source is (or
would be) located, the owner or
operator of such source may be required
to obtain a title V permit from the
permitting authority in that State (or
revise such a permit if one has already
been issued to the source) before a
relevant standard is established under
this part. If the owner or operator is
required to obtain (or revise) a title V
permit, he/she shall apply to obtain (or
revise) such permit in accordance with
the regulations contained in pan 70 of
this chapter and applicable State
regulations, or the regulations codified
in this chapter to implement the Federal
title V permit program (42 U.S.C 7661).
whichever regulations are applicable.
563.2 Definitions.
The terms used in this pan are
defined in the Act or in this section as
follows:
Act means the Clean Air Act (42
U.S.C. 7401 et seq.. as amended by Pub.
L. 101-549.104 Stat 2399).
Actual emissions is defined in subpart
D of this pan for the purpose of granting
a compliance extension for an early
reduction of hazardous air pollutants.
Administrator means the
Administrator of the United States
Environmental Protection Agency or his
or her authorized representative (e.g.. a
State that has been delegated the
authority to implement the provisions of
this pan).
Affected source, for the purposes of
this pan. means the stationary source.
the group of stationary sources, or the
portion of a stationary source that is
regulated by a relevant standard or other
requirement established pursuant to
section 112 of the Act. Each relevant
standard will define the "affected
source" for the purposes of that
standard. The term "affected source." as
used in this pan. is separate and distinct
from any other use of that term in EPA
regulations such as those implementing
title IV of the Act. Sources regulated
under pan 60 or pan 61 of this chapter
are not affected sources for the purposes
of pan 63.
Alternative emission limitation means.
conditions established pursuant to
sections 112(i)(5) or 112(i)(6) of the Act
by the Administrator or by a State with
an approved permit program.
Alternative emission standard means
an alternative means of emission
limitation that, after notice and
opportunity for public comment, has
been demonstrated by an owner or
operator to the Administrator's
satisfaction to achieve a reduction in
emissions of any air pollutant at least
equivalent to the reduction in emissions
of such pollutant achieved under a
relevant design, equipment, work
practice, or operational emission
standard, or combination thereof.
established under this pan pursuant to
section 112(h) of the Act.
Alternative test method means any
method of sampling and analyzing for
an air pollutant that is not a test method
in this chapter and that has been
demonstrated to the Administrator's
satisfaction, using Method 301 in
Appendix A of this part, to produce
results adequate for the Administrator's
determination that it may be used in
place of a test method specified in this
part.
Approved permit program means a
State permit program approved by the
Administrator as meeting the
requirements of part 70 of this chapter
or a Federal permit program established
in this chapter pursuant to title V of the
Act (42 U.S.C. 7661).
Area source means any stationary
source of hazardous air pollutants that
is not a major source as defined in this
part.
Commenced means, with respect to
construction or reconstruction of a
stationary source, that an owner or
operator has undertaken a continuous
program of construction or
reconstruction or that an owner or
operator has entered into a contractual
obligation to undertake and complete.
within a reasonable time, a continuous
program of construction or
reconstruction.
Compliance date means the date by
which an affected source is required to
be in compliance with a relevant
standard, limitation, prohibition, or any
federally enforceable requirement
established by the Administrator (or a
State with an approved permit program)
pursuant to section 112 of the Act.
Compliance plan means a plan that
contains all of the following:
(1) A description of the compliance
status of the affected source with respect
to all applicable requirements
established under this pan;
(2) A description as follows: (i) For
applicable requirements for which the
source is in compliance, a statement
that the source will continue to comply
with such requirements;
(ii) For applicable requirements that
the source is required to comply with by
a future date, a statement that the source
will meet such requirements on a timely
basis:
(iii) For applicable requirements for
which the source is not in compliance.
a narrative description of how the
source will achieve compliance with
such requirements on a timely basis;
(3) A compliance schedule, as defined
in this section; and
(4) A schedule for the submission of
certified progress reports no less
frequently than every 6 months for
affected sources required to have a
schedule of compliance to remedy a
violation.
Compliance schedule means: (l) In
the case of an affected source that is in
compliance with all applicable ~
requirements established under this
part, a statement that the source will
continue to comply with such
requirements; or
(2) In the case of an affected source
that is required to comply with
applicable requirements by a future
date, a statement that the source will
meet such requirements on a timely
basis and, if required by an applicable
requirement, a detailed schedule of the
dates by which each step toward
compliance will be reached: or
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Federal Register / Vol. 53. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12433
(3) hi the case of an affected source
not in comphanca with all applicable
requirements **«*>»M«hfrj under this
part, a schedule of remedial measures,
including an enforceable sequence of
actions or operation* with milestones
and a schedule for the suhmiscion of
certified progress report*, where
applicable, leading to «-"TpH»""' with
a relevant standard, limitation,
prohibition, or any federally enforceable
requirement fttahlishod pursuant to
section 112 of the Act for which the
affected source is not in compliance.
This compliance «fK»<4»Ui »K«il
resemble and be at least as stringent as
that contained In any h«^i«*i«) consent
decree or administrative order to which
the source is subject Any such schedule
of compliance shall be supplemental to,
and shall not sanction noncompliance
with, the applicable requirements on
which it is based.
Construction means the on-site
fabrication, erection, or installation of
an affected source.
Continuous emission monitoring
system (CEMS) means the total
equipment that may be required to meet
the data acquisition and availability
requirements of this part used to
sample, condition (if applicable}.
analyze, and provide a record of
emissions.
Continuous monitoring system (CMS)
is a comprehensive term that may
include, but is not limited to,
continuous emission monitoring
systems, continuous opacity monitoring
systems, continuous parameter
monitoring systems, or other manual or
automatic monitoring that is used for
demonstrating compliance with ail
applicable regulation on a continuous
basis as denned by the regulation.
Continuous opacity monitoring
system (COMS) means a continuous
monitoring rystem that measures the
opaci ry of emissiona.
Continuous parameter monitoring
system means the total equipment that ,
may be required to meet the data
acquisition and availability
requirements of this part, used to
sample, condition (if applicable).
analyze, and provide a record of process
or control lyvtem parameters.
Effective 'date means: (1) With regard
to an emission standard established
under this part the date of
promulgation in the Federal Register of
such standard: or
(2) With regard to an alternative
emission limitation or equivalent
emission Emitation 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. The effective date of a permit
program established under title V of the
Act (42 U.S.C 7661) is determined
according to the regulations in this
chapter establishing such programs.
Emission standard means a national
standard, limitation, prohibition, or
other regulation promulgated in a
subpart of this part pursuant to sections
112(d). 1120i), or 112(0 of the Act.
Emissions averaging is a w«y to
comply with the emission limitations
specified in a relevant standard.
whereby an affected source, if allowed
under a subpart of this part, may create
emission credits by reducing emissions
from specific points to a level below
that required by the relevant standard,
and those credits are used to offset
emissions from points that are not
controlled to the level required by the
relevant standard.
EPA means the United State*
Environmental Protection Agency.
Equivalent emission limitation means
the maximum achievable control
technology emission limitation (MACT
emission limitation) for hazardous air
pollutants that the Administrator (or a
State with an approved permit program)
determines on a case-by-case basis,
pursuant to section 112(g) or section
112(j) of the Act, to be equivalent to the
emission standard that would apply to
an affected source if such standard had
been promulgated by the Administrator
under th»« part pursuant to uncfinn
112(d) or section 112(h) of the Act.
Excess emission* and. continuous
monitoring system performance report
is a report that must be submitted
periodically by an affected source in
order to provide data on it* compliance
with relevant emission limit*, operating
parameters, and the performance of its
continuous parameter monitoring
systems.
Existing source means any affected
source that ia not a new source.
Federally enforceable mean* all
limitations «nd conditions that are
enforceable by *h-p Administrator and
citizens under the Act or that are
enforceable under othax statutes
administered by the Administrator.
Examples of federally enforceable
limitations and conditions include, but
are not limited to:
(1) Emission standards, alternative
emission standards, alternative emission
limitations, and equivalent emission
limitations established pursuant to
section 112 of the Act a* amended in
1990:
(2) New source performance standards
established pursuant to section 111 of
the Ad. and emission standards
established pursuant to section 112 of
the Act before it was amended in 1990:
(3) All terms and conditions in a title
V permit, including any provisions that
hmit a souse's potential to emit, unless
expressly designated as not federally
enfarceebie;
(4) Limitations and conditions that are
part of an approved State
Implementation Plan (SIP) or a Federal
Implementation Plan (FlPh
(5) Limitations and conditions that are
part of a Federal construction permit
issued under 40 CFR 5Z21 or any
construction permit Issued under
regulations approved by the EPA in
accordance with 40 CFR part 51;
(6) I Imitufinnt mn/4 conditions that are
part of an operating permit issued
pursuant to a program approved by the
EPA into a SIP as meeting the EPA 'a
minimum criteria for Federal
enforceabiHry. including adequate
notice and opportunity for EPA and
public comment prior to issuance of the
final permit and practicable
enforceabilitv;
(7) Limitations and 'conditions in a
Slate rule or program that has been
approved by the EPA under subpart E of
this part for the purposes of
implementing and enforcing section
112: and
(8) Individual consent agreements tiai
the EPA has legal authority to create.
Fixed capital coat means the capital
needed to provide all the depreciable
components of an existing source.
Fugitive emissions means those
emissions from a stationary source that
could not reasonably pass through a
stack, chimney, vent, or other
functionally equivalent opening. Under
section 112 of the Act all fugitive
emissions are to be considered in
determining whether a stationary source
is a major source.
Hazardous air pollutant means any
air pollutant listed in or pursuant to
section 112(b) of the Act
Issuance of a part 70 permit will
occur, if the State is the permitting
authority, in accordance with the
requirements of part 70 of this chaptei
and the applicable, approved State
permit program. When the EPAls the
permitting authority, issuance of a title
V permit occurs immediately after the
EPA takes fin»i action on the final
permit
Lesser quantify means a quantity of a
hazardous airpoQutant that is or may be
emitted by a stationary sourc» that the
Administrator establishes In order to
define a major source under an
applicable subpart of this part.
Major source means any stationary
source or group of stationary sources
located within a contiguous area and
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12434 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
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 p«r year or more of
any combination of hazardous air
pollutants, unless the Administrator
establishes a lesser quantity, or in the
case of radionuclides. different criteria
from those specified in this sentence.
Malfunction means any sudden.
infrequent, and not reasonably
preventable failure of air pollution
control equipment, process equipment.
or a process to operate in a normal or
usual manner. Failures that are caused
in port by poor maintenance or careless
operation ore not malfunctions.
New source means any affected source
the construction or reconstruction of-
which Is commenced after the
Administrator first proposes a relevant
emission standard under this pan.
One-hour period, unless otherwise
defined in an applicable subpart. means
any 60-minute pehod commencing on
the hour.
Opacity means the degree to which
emissions reduce the transmission of
light and obscure the view of an object
in the background. For continuous
opacity monitoring systems, opacity
means the fraction of incident light that
is attenuated by an optical medium.
Owner or operator means any person
who owns, leases, operates, controls, or
supervises a stationary source.
Part 70 permit means any permit
issued, renewed, or revised pursuant to
part 70 of this chapter.
Performance audit means a procedure
to analyze blind camples, the content of
which Is known by the Administrator.
simultaneously with the analysis of
performance test samples in order to
provide a measure of test data quality.
Performance evaluation means the
conduct of relative accuracy testing.
calibration error testing, and other
measurements used in validating the
continuous monitoring system data.
Performance test means the collection
of data resulting from the execution of
a test method (usually three emission
test runs) used to demonstrate
compliance with a relevant emission
standard as specified in the performance
test section of the relevant standard.
Permit modification means a change
to a title V permit as defined in
regulations codified in this chapter to
implement title V of the Act (42 U.S C
7661).
Permit program means a
comprehensive State operating permit
system established pursuant to title V of
the Act (42 U.S.C 7661) and regulations
codified in part 70 of this chapter and
applicable Stale regulations, or a
comprehensive Federal operating permit
system established pursuant to title V of
the Act and regulations codified in thu
chapter.
Permit revision means any permit
modification or administrative permit
amendment to a title V permit as
defined in regulations codified in this
chapter to implement title V of the Act
(42 U.S.C. 7661).
Permitting authority means: (1) The
State air pollution control agency, local
agency, other State agency, or other
agency authorized by the Administrator
to carry out a permit program under part
70 of thic chapter or
(2) The Administrator, in the r**» of
EPA-implemented permit programs
under title V of the Act (42 U.S.C 7661).
. Potential to emit means the maximum
capacity of a stationary source to emit
a pollutant under its physical and
operational design. Any physical or
operational limitation on the capacity of
the stationary source to emit a pollutant.
including air pollution control
equipment and restrictions on hours of
operation or on the type or amount of
material combusted, stored, or
processed, shall be treated as part of its
design if the limitation or the effect it
would have on emissions is federally
enforceable.
Reconstruction means the
replacement of components of an
affected or a previously unaffected
stationary source to such an extent that:
(1) The fixed capital cost of the new
components exceeds 50 percent of the
fixed capital cost that would be required
to construct a comparable new source:
and
(2) It is technologically and
economically feasible for the
reconstructed source to meet the
relevant standard(s) established by the
Administrator (or a State) pursuant to
section 112 of the Act. Upon
reconstruction, an affected source, or a
stationary source that becomes an
affected source, is subject to relevant
standards for new sources, including
compliance dates, irrespective of any
change in emissions of hazardous air
pollutants from that source.
Regulation promulgation schedule
means the schedule for the
promulgation of emission standards
under this part, established by the
Administrator pursuant to section
112(e) of the Act and published in the
Federal Register.
Relevant standard means:
(1) An emission standard;
(2) An alternative emission standard;
(3) An alternative emission limitation:
or
(4) An equivalent emission limitation
established pursuant to section 112 of
the Act that applies to the stationary
source, the group of stationary sources.
or the portion of a stationary source
regulated by such standard or
limitation.
A relevant standard may include or
consist of a design, equipment, work
practice, or operational requirement, or
other measure, process, method, system.
or technique (including prohibition of
emissions) that the Administrator (or a
State) establishes for new or existing
sources to which such standard or
limitation applies. Every relevant
standard established pursuant to section
112 of the Act includes subpart A of this
part and all applicable appendices of
this part or of other parts of this chapter
that are referenced in that standard.
Responsible official means one of the
following:
(1) For a corporation: A president.
secretary, treasurer, or vice presided of
the corporation In charge of a principal
business function, or any other person
who performs similar policy or
decision-making functions for the
corporation, or a duly authorized
representative of such person if the
representative is responsible for the
overall operation of one or more
manufacturing, production, or operating
facilities and either
(i) The facilities employ more than
250 persons or have gross annual sales
or expenditures exceeding 525 million
(in second quarter 1980 dollars); or
(ii) The delegation of authority to
such representative is approved in
advance by the Administrator.
(2) For a partnership or sole
proprietorship: a general partner or the
proprietor, respectively.
(3) For a municipality. State. Federal.
or other public agency: either a
principal executive officer or ranking
elected official. For the purposes of this
part, a principal executive officer of a
Federal agency includes the chief
executive officer having responsibility
for the overall operations of a principal
geographic unit of the agency (e.g., a
Regional Administrator of the EPA).
(4) For affected sources (as defined in
this part) applying for or subject to a -
title V permit; "responsible official"
shall have the same meaning as defined
in part 70 or Federal title V regulations
in this chapter (42 U.S.C 7661),
whichever is applicable.
Run means one of a series of emission
or other measurements needed to
determine emissions for a representative
operating period or cycle as specified in
this part.
Shutdown means the cessation of
operation of an affected source for any
purpose.
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Federal Register / Vol. 5J. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations 1243
SLr-minute period means, with
respect to opacity determinations, any
one of the 10 equal parts of a 1-hour
period. . -
Standard conditions means a
temperature of 293 K (68* F) and a
pressure of 101.3 kilopascais (29.92 in.
Hg).
Startup means the setting in operation
of an affected source for any purpose.
State means all non-Federal
authorities, including local agencies.
interstate associations, and State-wide
programs, that have delegated authority
to implement: (1) The provisions of this
part and/or (2) the permit program
established under part 70 of this
chapter. The term State shall have its
conventional meaning where clear from
the context
Stationary source means any building.
structure, facility, or installation which
emits or may emit any air pollutant.
Test method means the validated
procedure for sampling, preparing, and
analyzing for an air pollutant specified
in a relevant standard as the
performance test procedure. The test
method may include methods described
in an appendix of this chapter, test
methods incorporated by reference in
this part, or methods validated for an
application through procedures in
Method 301 of Appendix A of this pan.
Title V permit means any permit
issued, renewed, or revised pursuant to
Federal or State regulations established
to implement title V of the Act (42
U.S.C 7661). A title V permit issued by
a State permitting authority is called a
part 70 permit in this pan.
Visible emission means the
observation of an emission of opacity or
optical density above the threshold of
vision.
§ 63.3 Units and abbreviations.
Used in this pan are abbreviations
and symbols of units of measure. These
are defined as follows:
(a) System International (SI) units of
measure:
A = ampere
g = gram
Hz = hertz
J * joule
•K = degree Kelvin
kg * kilogram
1 - liter
m =
m>
ing
ml
Mg
M)
mol
N
ng
' meter
* cubic mete:
= milligram - lO-Jgram
: milliliter = 10-J h'ter
= millimeter = 10-s meter
B megagram = 10« gram = metric ton
= megajoule
= mole
newton
i nanogram — 10 ~* gram
nm = nanometer = 10 -• meier
Pa = pascal
s = second
V = volt
W = watt
Q = ohm
ug = microgram = 10-» gram
uJ = microliter = 10 -* liter
(b) Other units of measure:
Btu = British thermal unit
•C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard
conditions
dscm = dry cubic meter at standard
conditions
eq = equivalent
*F = degree Fahrenheit
ft = feet
ft2 = square feet
ft3 = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H]O = inches of water
K = 1.000
kcal = kilocalorie
Ib = pound
1pm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = pans per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
*R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions
per hour
son = cubic meter at standard
conditions
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd* = square yards
yr = year
(c) Miscellaneous:
act = actual
avg = average
I.L. = inside diameter
M = molar
N = aonnal
O.O. = outside diameter
% = percent
§63.4 Prohibited activities and
circumvention.
(a) Prohibited activities. (1) No
or operator subject to the provisions of
this pan shall operate any affected
source in violation of the requirements
of this part except under—
(i) An extension of compliance
granted by the Administrator under thi:
part: or
(ii) An extension of compliance
granted under this part by a State with
an approved permit program: or
(iii) An exemption from compliance
granted by the President under section
112(i)(4)ofthe Act.
(2) No owner or operator subject to
the provisions of this part shall fail to
keep records, notify, report, or revise
reports as required under this part.
(3) After the effective date of an
approved permit program in a State, no
owner or operator of an affected source
in that State who is required under this
part to obtain a title V permit shall
operate such source except in
compliance with the provisions of this
pan and the applicable requirements of
the permit program in that State.
(4) (Reserved]
(5) An owner or operator of an
affected source who is subject to an
emission standard promulgated under
this part shall comply with the
requirements of that standard by the
date(s) established in the applicable
subpart(s) of this part (including this
subpart) regardless of whether—
(i) A title V permit has been issued to
that source; or
(ii) If a title V permit has been irsued
to that source, whether such permit has
been revised or modified to incorporate
the emission standard.
(b) Q'rcumvention. 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 si an Hard. Such
concealment includes, but is not limited
to—
(1) The use of diluents to achieve
complianca with a relevant standard
based on the concentration of a
pollutant in the effluent discharged to
the atmosphere;
(2) The use of gaseous diluents to
achieve compliance with a relevant
standard for visible emissions; and
(3) The fragmentation of an operation
such that the operation avoids
regulation by a relevant standard.
(c) Severability. Notwithstanding any
requirement incorporated into a title V
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12436 Federai Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
permit obtained by an cavser or operator
subject to the provisions of this pan. the
provisions of this part are federally
enforceable.
J&3.5 Construction «nd reconsmichon.
(a) Applicability. (1) This section
implements the preconstruction review
requirements of section 112(i)(l) for
sources subject to a relevant emission
standard that has been promulgated in
this part, in addition. *&« section
includes other requirements for
constructed and reconstructed
stationary sources that are or become
subject to a relevant promulgated
emission standard.
(2) After the effective date of a
relevant standard promulgated under
this part, the requirements in this
section apply to owners or operators -
who construct a new source or
reconstruct a source after the proposal
date of that standard- New or
reconstructed sources that start up
before the standard'* effective dale are
not subject to the precanstrnction
review requirements specified in
paragraphs fbH3). (dj. and (e) of this
section.
(b) Requirements for existing, newly
constructed, and reconstructed sources.
(1) Upon construction an affected source
is subject to relevant standards for new
sources. in<-j
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Federal Register / Vol. 59. No. 51 / Wednesday, March 16, 1994 / Rules ana regulations ju-*j/
(]) Otber information as specified in
paragraphs (d)(2) and (d)(3) of this
section.
(iii) An owner or operator who
ubmits estimates or preliminary
information in place of the actual
emissions data and analysis required in
paragraphs (d)(l)(ii)(H) and (d)(2) of this
section shall submit the actual.
measured emissions data and other
correct information as soon as available
but no later than with the notification of
compliance status required in § 63.9(b)
|see§63.9(h)(5)).
(2) Application for approval of
construction. Each application for
approval of construction shall include.
in addition to the information required
in paragraph (d)(l)(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 point of emission
for each hazardous air pollutant that is
emitted (or could be emitted) and a
description of the planned air pollution
control system (equipment or method)
for each emission point. The description
of the equipment to be used for the
control of emissions shall include each
control device for each hazardous air
pollutant and the estimated control
efficiency (percent) for each control
device. The description of the method to
be used for the control of emissions
shall include an estimated control
efficiency (percent) for that method.
Such technical information shall
include calculations of emission
estimates in sufficient detail to permit
assessment of the validity of the
calculations. An owner or operator who
submits approximations of control
efficiencies under this subparagraph
shall submit the actual control
efficiencies as specified in paragraph
(d)(l)(iii) of this section.
(3) Application for approval of
reconstruct/on. Each application for
approval of reconstruction shall
include, in addition to the information
required in paragraph (d)(l)(ii) of this
section—
(i) A brief description of the affected
source and the components that are to
be replaced:
(U) A description of present and
proposed emission control systems (i.e..
equipment or methods). The description
of the equipment to be used for the
control of emissions shall include each
control device for each hazardous air
pollutant and the estimated control
efficiency (percent) for each control
device. The description of the method to
be used for the control of emissions
shall include an estimated control
efficiency (percent) for that method.
Such technical information shall
include calculations of emission
estimates in sufficient detail to permit
assessment of the validity of the
calculations;
(iii) An estimate of the fixed capital
cost of the replacements and of
constructing a comparable entirely new
source;
(iv) The estimated life of the affected
source after the replacements; and
(v) A discussion of any economic or
technical limitations the source may
have in complying with relevant
standards or other requirements after
the proposed replacements. The
discussion shall be sufficiently detailed
to demonstrate to the Administrator's
satisfaction that the technical or
economic limitations affect the source's
ability to comply with the relevant
standard and how they do so.
(vi) If in the application for approval
of reconstruction the owner or operator
designates the affected source as a
reconstructed source and declares that
there are no economic or technical
limitations to prevent the source from
complying with all relevant standards or
other requirements, the owner or
operator need not submit the
information required in subparagraphs
(d)(3) (iii) through (v) of this section.
above. f
(4) Additional information. The
Administrator may request additional
relevant information after the submittal
of an application for approval of
construction or reconstruction.
(e) Approval of construction or
reconstruction. (l)(i) If the
Administrator determines that, if
properly constructed, or reconstructed.
and operated, a new or existing source
for which an application under
paragraph (d) of this section was
submitted will not cause emissions in
violation of the relevant standard(s) and
any other federally enforceable
requirements, the Administrator will
approve the construction or
reconstruction.
(ii) In addition, in the case of
reconstruction, the Administrator's
determination under thi« paragraph will
be based on:
(A) The fixed capital cost of the
replacements in comparison to the fixed
capital cost that would be required to
construct a comparable entirely new
source;
(B) The estimated life of the source
after the replacements compared to the
life of a comparable entirely new source;
(Q The extent to which the
components being replaced cause or
contribute to the emissions from the
source; and
(D) Any economic or technical
limitations on compliance with relevant
standards that are inherent in the
proposed replacements.
(2)(i) The Administrator will notify
the owner or operator in writing of
approval or intention to deny approval
of construction or reconstruction within
60 calendar days after receipt of
sufficient information to evaluate an
application submitted under paragraph
(d) of this section. The, 60-day approval
or denial period will begin after the
owner or operator has been notified in
writing that his/her application is
complete. The Administrator will notify
the owner or operator in writing of the
status of his/her application, that is.
whether the application contains
sufficient information to make a
determination, within 30 calendar days
after receipt of the original.applicauon
and within 30 calendar days after
receipt of any supplementary
information that is submitted.
(ii) When notifying the owner or
operator that his/her application is not
complete, the Administrator will specify
the information needed to complete the
application and provide notice of
opportunity for the applicant to present.
in writing, within 30 calendar days after
he/she is notified of the incomplete
application, additional information or
arguments to the Administrator to
enable further action on the application.
(3) Before denying any application for
approval of construction or
reconstruction, the Administrator will
notify the applicant of the
Administrator's intention to issue the
denial together with—
(i) Notice of the information and
findings on which the intended denial
is based: and
(ii) Notice of opportunity for the
applicant to present, in writing, within
30 calendar days after he/she is notified
of the intended denial, additional
information or arguments to the
Administrator to enable further action
on the application.
(4) A Rnal determination to deny any
application for approval will be in
writing and will specify the grounds on
which the denial is based. The final
determination will be made within 60
calendar days of presentation of
additional information or arguments (if
the application is complete), or within
60 calendar days after the final date
specified for presentation if no
presentation is made.
(5) Neither the submission of an
application for approval nor the
Administrator's approval of
construction or reconstruction shall—
(i) Relieve an owner or operator of
legal responsibility for compliance
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12438 Federai Register / Vol. 59. No. 51 J Wednesday. March 16. 1994 / Rules and .RegniatJoas
any applicable provisions of thjt part or
with »ny other applicable Federal. State.
or local requirement: or
(ii) Prevent the Administrator from
unplemeoting or enforcing this part or
taking any other action under the Act.
(f) Approval of construction or
reconstruction based on prior State
pnconstniction review. (1) The
Administrator may approve an
application far construction or
reconstruction specified in paragraphs
(b)(3) and (d) of thii section if the owner
or operator of a new or reconstructed
source who is subject to such
requirement demonstrates to the
Administrator's satisfaction that the
following cfmriftinns have been (or -will
be) met
(i) The owner or operator of the new
or reconstructed source has •undergone a
preconsanction review and approval
process in the State in which the source
is (or would be) located before the
promulgation data of the relevant
standard and has received a federally
enforceable construction permit that
contains a finding that the source will
neet the relevant emission standard as
' proposed, if the source is properly built
and operated:
(ii) In making its finding, the State has
considered factor* substantially
equivalent to those specified in
paragraph (eHD of this section: and
either
(iii) The promulgated standard rs no
more stringent than the proposed
standard in any relevant aspect that
would affect the Administrator's
decision to approve or disapprove an
application for approval of construction
or reconstruction under this section: or
(iv) The promulgated standard is more
stringent 'h*n the proposed standard
but the owner or operator will comply
with the standard as proposed during
the 3-year period immediately following
the effective date of the standard as
allowed for in § 63-S(b)(3j of this
subpart.
(2) The owner or operator shall
submit to the Administrator the request
for approval of construction or
reconstruction under this paragraph no
later 'Han the application deadline
specified In paragraph (d)(l) of this
section (see also § 63.9{b)(2) of this
subpart]. The owner or operator shall
include in the request information
sufficient for the Administrator's
determination. The Administrator will
evaluate the owner or operator'3 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.
§ 63.6 Compliance wrtrt standards and
maintenance rev|ulienieiil&.
(a) Applicability. (Ij The requirements
in this section apply to owners or
operators of affected sources for which
any relevant standard has been
established pursuant to section 112 of
the Act unless—
(ij The Administrator (or a State with
an approved permit program}
granted an extension
consistent with paragraph (Q of thic
section: or
liij The President has granted an
exemption from mrnplianfji iviih ariy
relevant standard in *rmrAn n r-*> with
section 112^0(4) of the Act.
' (2) If an area source that otherwise
would be subject to An emission
standard or other r*w7"ir°rnrgig*:mr^inn or
nprrm€tT^f'i"joy| jj I'nyfiii^pfjM^ the
"owner or op^^^Tr shall fnmpiy with the
standard as provided in paragraphs
fb)(l| and (b)(2) of this section.
(5) The owner or operator of a new
source that is subject to the compliance
requirements of paragraph fb)(3) or
paragraph (b)(4) of this section shall
notify thj» ArJTninio i atnr in ai * • irrjan*^
with § B3_9(dJ of this snbpart.
(6) {Reserved]
\7] After the effective date of an
emission standard promulgated under
this pan. the owner or operator of an
unaffected neMr area soarce {Le., an area
source for which construction or
reconstruction was commenced after the
proposal date of the standard) that
increases Us «r™iccir»niF of (or its
potential to emitj hazardous air
pollutants such that the source becomes
a major source that is subject to the
emission standard.
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Federal Register / Vol. 59. No. 51 / Wednesday. March IS. 1994 / Rules and RegulatJona 12439
not later than 90 days after the
standard's effective date unless the
Administrator has granted an extension
to the source under paragraph (i)(4)(ii)
of this section.
(3H4) IReservedl
(5) After the effective date of an
emission standard promulgated under
this part, the owner or operator of an
unaffected existing area source that
increases its emissions of (or its
potential to emit) hazardous air
pollutants such that the source becomes
a major source that is subject to the
emission standard «""H comply by the
date specified in the standard for
existing area sources that become major
sources. If no such compliance date is
specified hi the standard, the source
shall have a period of time to comply -
with the relevant emission standard that
is equivalent to the compliance period
specified in that standard for other
existing sources. This compliance
period shall appry to existing area
sources that become affected major
sources regardless of whether the
existing area source previously was
affected by that standard.
Notwithstanding the previous two
sentences, however, if the existing area
source becomes a major source by the
addition of a new affected source or by
reconstructing, the portion of the
existing facility that is a new affected
source or a reconstructed source «h«11
comply with all requirements of that
standard that affect new sources,
including the compliance date for new
sources.
(d) {Reserved]
(e) Operation and maintenance
requirements. (l)(i) At all times,
including periods of startup, shutdown.
and malfunction, owners or operators
shall operate and maintain any affected
source, including associated air
pollution control equipment, in a
manner consistent with good air
pollution control practices for
minimizing emissions at least to the
levels reouired by all relevant standards.
(ii) Malfunctions shall be corrected as
soon as practicable after their
occurrence in accordance with the
startup, shutdown, and malfunction
plan required In paragraph (e)(3) of this
section.
(lii) Operation and maintenance
requirements established pursuant to
section 112 of the Act are enforceable
independent of amig«inn^ limitations or
other requirements in relevant
standards.
(2) Determination of whether
acceptable operation and maintenance
procedures are being used will be based
on information available to the
Administrator which may include, but
is not limited to. monitoring results,
review of operation and maintenance
procedures (in eluding 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.
(3) Startup, Shutdown, and
Malfunction Plan, (i) The owner or
operator of an affected source shall
develop and implement a written
startup, shutdown, and malfunction
plan that describes, in detail.
procedures for operating and
maintaining the source during periods
of startup, shutdown, and malfunction
and a program of corrective action for
malfunctioning process j»n<4 air
pollution control equipment used to
comply with the relevant standard. Aa
required under § 63,a(cKl)(0. the plan
shall identify all routine or otherwise
predictable CMS malfunction*. This
plan shall be developed by the owner or
operator by the source's compliance
date for that relevant standard. The plan
shall be incorporated by reference into
the source's title V permit. The purpose
of the startup, shutdown, and
malfunction plan ia to—
(A) Ensure that, at all times, owners
or operators operate and maintain
affected sources, including associated
air pollution control equipment, in a
manner consistent with good air
pollution control practices for
minimising emissions at least to the
levels required by all relevant standards;
(B) Ensure that owners or operators
are prepared to correct malfunctions as
soon as practicable after their
occurrence in order to minimize excess
emissions of hazardous air pollutants;
and
(Q Reduce the reporting burden
associated with periods of startup.
shutdown, and malfunction (including
corrective action taken to restore
malfunctioning process and air
pollution control equipment to its
normal or usual manner of operation).
(ii) During periods of startup,
shutdown, and Tnalftmrtjnn, the owner
or operator of an affected source shall
operate and maintain such source
(including associated air pollution
control equipment) in accordance with
the procedures specified in the startup,
shutdown, and malfunction plan
developed under paragraph (e)(3Xi) of
i« section.
(Hi) Whan ai-tinns taVtm by the owner
or operator during a startup, shutdown.
actions taken
to correct a ""Ofiinrtinn) are
with the procedures specified in the
affected source's startup, shutdown, and
malfunction plan the owner or operator
shall kaep records for that even1 '-bat
demonstrate that tha procedure.
specified in the plan were followed.
These records may take the form of a
"checklist." or other effective form of
recordkeeping, that confirms
conformance with tha startup,
shutdown, and malfunction plan for
that event. In addition, the owner or
operator shall keep records of these
events as specified in § 63.10(b) (and
elsewhere in this part), including
records of the occurrence and duration
of each startup, shutdown, or
malfunction of operation and each
malfunction of the air pollution control
equipment. Furthermore, the owner or
1'iixtiuinr «hall «*r>nflrm that actions taken
during the relevant reporting period
during periods of startup, shutdown,
and- Trulf»n/-t>nn, were consistent with
the affected source's startup, shutdown
and malfiinfrinn plan in ttm «amianmiAl
(or more frequent) startup, shutdown,
and m«lniTM-rinn report required in
§63.10(dH5).
(iv) If an action taken by the owner or
operator during a startup, shutdown, or
malfunction (including an action tak«m
to ixumU a malfunction) is not
consistent with the procedures specified
in the affected source's startup.
Shutdown, «nr< ma 1 fimfHnn plan tha
owner or operator shall record the
actions taken for that event and shall
.report such actions within 2 working
days after ****? ^im**n/*inp actions
inconsistent with the plan, folio-wed by
a letter within 7 working days after the
end of the event, in accordance with
5 63.10(d)(5) (unless the owner or
operator makes alternative reporting
arrangements, in advance, with the
Administrator [see §63.10(d)(5)(ii)].
(v) The owner or operator shall keep
the written startup, shutdown, and
malfunction plan on record after it is
developed to be made available for
inspection, upon request, by the
Administrator for the life of the affected
source or until the affected source is no
longer subject to the provisions of this
part. In addition, if the startup.
Shutdown, and malnmrtinn plan is
revised, the owner or operator \hftll
keep previous (i.e., superseded) versions
of the startup, shutdown, and
malfunction plan on record, to be made
available for inspection, upon request.
by tha Administrator, for a period of 5
years after each revision to the plan.
(vi) To satisfy the requiremeris 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
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12440 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
meet all the requirements of this section
and are made available for inspection
when requested bv the Administrator.
(vii) Based on the results of a
determination made under paragraph
(e)(2) of this section, the Administrator
may require that an owner or operator
of an affected source make changes to
the startup, shutdown, and malfunction
plan for that source. The Administrator
may require reasonable revisions to a •
startup, shutdown, and malfunction
plan, if the Administrator finds that the
plan:
(A) Does nofaddress a startup.
shutdown, or malfunction event that has
occurred:
(B) Fails to provide for the operation
of the source (including associated air
pollution control equipment) during a
startup, shutdown, or malfunction event
in a manner consistent with good air
pollution control practices for
minimiTinp emissions at least to the
levels required by all relevant standards;
or
(C) Does not provide adequate
procedures for correcting
malfunctioning process and/or air
pollution control equipment as quickly
as practicable.
(via) 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 «hnll 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 equipment.
(0 Compliance with nonopacity_
emission standards—(1) Applicability.
The nonopaciry emission standards set
forth in this part shall apply at all times
except during periods of startup.
shutdown, and malfunction, and as
otherwise specified in an applicable
subpart
(2) Methods for determining
compliance, (i) The Administrator will
determine compliance with nonopacity
emission standards in this part based on
the results of performance tests
conducted according to the procedures
in § 63.7, unless otherwise specified in
an applicable subpart of this part
(iij The Administrator will determine
compliance with nonopacity emission
standards in this part by evaluation of
an owner or operator's confonnance
with operation and maintenance
requirements, including the evaluation
of monitoring data, as specified in
§ 63.6{e) and applicable subparts of this
part.
(iii) If an affected source conducts
performance testing at startup to obtain
an operating permit in the State in
which the source is located, the results
of such testing may be used to
demonstrate compliance with a relevant
standard if—
(A) The performance test was
conducted within a reasonable amount
of time before an initial performance
test is required to be conducted under
the relevant standard:
(B) The performance test was
conducted under representative
operating conditions for the source;
(C) The performance test was
conducted and the resulting data were
reduced using EPA-approved test
methods and procedures, as specified in
§ 63.7(e) of this subpart: and
(D) The performance test was
appropriately quality-assured, as
specified in § 63.7(c) of this subpart.
(iv) The Administrator will determine
compliance with design, equipment.
work practice, or operational emission
standards in thi« part by review of
records, inspection of the source, and
other procedures specified in applicable
subparts of thin part.
(v) The Administrator will determine
compliance with design, equipment.
work practice, or operational emission
standards in thi« 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 pan.
(3) Finding of compliance. The
Administrator will make a finding
concerning an affected source's
compliance with a nonopacity emission
standard, as specified in paragraphs
(f)(D and (f)(2) of this section, upon
obtaining all the compliance
information required by the relevant
standard (including the written reports
of performance test results, monitoring
results, and other information, if
applicable) and any information
available to the Administrator needed to
determine whether proper operation
and maintenance practices are being
used.
(g) Use of an alternative nonopacity
emission standard. (1) If. in the
Administrator's judgment, an owner or
operator of an affected source LAS
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 thalpollutant from that
source achieved under any design,
equipment, work practice, or
operational emission standard, or
combination thereof, established under
this part pursuant to section 112fh) 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 thi« paragraph
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Federal Register / Vol. 59. No. 51 / Wednesday. March Ifl, 1994 / Roles and Regulations 12441
standard* in this put, compliance with
opacity emission standards in thia part
shall be determined by using the results.
from the COMS. Whenever an opacity
emission test method fa not specified.
compliance with opacity emission
standards in »"U part shall be
determined by conducting observations
in accordance with Test Method 9 In
appendix A of part 00 of thia chapter or
the method specified in paragraph
(h)(7)(ii) of this section. Whenever a
visible emission test method is not
specified, compliance with viable
emission standards in thia pan shall be
determined by conducting observations
in accordance with Test Method 22 in
appendix A of part 60 of this chapter.
fti) [Reserved]
(iii) If an affected source undergoes
opacity or visible emission testing at
startup to obtain an operating permit in
the Slat* in which the source is located.
the resuhs of such testing may be used
to demonstrate compliance with a
relevant standard if—
(A) The opacity or visible emission
test was conducted within a reasonable
amount of time before a performance
test is required to be conducted under
the relevant standard;
(B) The opacity or visible emission
test was conducted under representative
operating conditions for the source:
(Q The opacity or visible emission
test was conducted and the resulting
data were reduced using Q'A-approved
test methods and procedures, as
specified in 5 63.7(e) of this subpart: and
CD) The opacity or visible emission
test was appropriately quality-assured,
as specified in § 63.7(c) of this section.
(3) [Reserved]
(4) Notification of opacity or visible
emission observations. The owner or
operator of an affected source shall
notify the Administrator in writing of
the anticipated date for conducting
opacity or visible emission observations
in accordance with § 63.9(0. if such
observations are required for the source ,
by a relevant standard.
(5) Conduct of opacity or visible
emission observations. When a relevant
standard under this part includes an
opacity or visible emission standard, the
owner or operator of an affected source
shall comply with the following:
(1) For the purpose of demonstrating
initial compliance, opacity or visible
emission observations shall be
conducted concurrently with the initial
performance test required in $ 63.7
unless one of the following conditions
applies:
(A) If no performance test under
$ 63-7 is required, opacity or visible
emission observations shall be
conducted within 60 days after
achieving the ""xiTmim production rate
at which a new or reconstructed eource
will be operated, but not Jeter than 120
days after initial startup of th« source.
or within 120 days after the -effective
date of the relevant standard la the case
of new sources that start up before the
standard's effective date. If no
performance test under $ 63.7 Is
required, opacity or visible omission
observations shall be conducted within
120 days after the compliance date for
an existing or modified source; or
(B) If visibility or other conditions
prevent the opacity or visible emission
observations from being conducted
concurrently with the initial
performance test required under $ 63.7,
or within the time period specified In
paragraph (bHSHIXA) 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 fr>pHiHr>n« j^ai
existed during *Ka inirtal performance
test conducted under § 63.7. The visible
emissions observer "nail determine
whether visibility or other conditions
prevent the opacity or visible «Tm««ion
observations from being made
concurrently with the initial
performance test in accordance with
procedures contained in Test Method 9
or Test Method 22 in Appendix A of
part 60 of this chapter.
(ii) For the purpose of demonstrating
initial compliance, the mirrimum total
time of opacity observations shall be 3
hours (30 6-nnnute averages) for the
performance test or other required set of
observations («-g-, for fugitive-type
emission sources subject only to an
opacity emission standard).
(iii) The owner or operator of an
affected source to which an opacity or
visible emission standard in *"•-« part
applies «"»ll conduct opacity or visible
»mt«m)p-« t^« owner or operator notifies the
Administrator in writing to the contrary
not later tfcun with the notification
under $ 63-Tfb) of the date the
subsequent performance test is
scheduled to begin.
(iii) For the purposes of determining-
compliance with the opacity emission
standard during a performance test
required under § 63.7 using COMS data.
the COMS data shall be reduceeVto 6-
minute averages over the duration of the
mass emission performance test.
(iv) The owner or operator of an
affected source using • COMS for
compliance purposes is responsible for
demonstrating that he/she has complied
with the performance evaluation
requirements of § 63 J(e). that the COMS
has been properly maintained, operated.
and data quality-assured, as specified in
§63.B(c) and §63.8(d). and that the
resulting data have not been altered in
any way.
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12442 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
(v) Except u provided in paragraph
(h)(7)lli) of this section, the results of
continuous monitoring by a COMS that
indicate that the opacity at the time
visual observations were made was not
in excess of the emission standard are
probative but not conclusive evidence of
the actual opacity of an emission.
provided that the affected source proves
that, at the time of the alleged violation.
the instrument used was properly
maintained, as specified in § 63.8(c).
and met Performance Specification 1 in
Appendix B of part 60 of this chapter.
and that the resulting data have not
been altered in any way.
(8) Finding of compliance. The
Administrator will make a finding
concerning an affected source's
compliance with an opacity or visible
emission standard upon obtaining all
the compliance information required by
the relevant standard (including the
written reports of the results of the
performance tests required by § 63.7. the
results of Test Method 9 or another
required opacity or visible emission test
method, the observer certification
required by paragraph (h}(6) of this
section, and the continuous opacity
monitoring system results, whichever
is/are applicable) and any information
available to the Administrator needed! to
determine whether proper operation
and maintenance practices are being
used
(9) Adjustment to on opacity emission
standard.
(i) If the Administrator finds under
paragraph (h)(6) of this section that an
affected source is in compliance with all
relevant standards for which initial
performance tests were conducted
under § 63.7, but during the time such
performance tests were conducted fails
to meet any relevant opacity emission
standard, the owner or operator of such
source may petition the Administrator
to make appropriate adjustment to the
opacity emission standard for the
affected source. Until the Administrator
notifies the owner or operator of the
appropriate adjustment, the relevant
opacity emission standard remains
applicable.
(ii) The Administrator may grant such
a petition upon a demonstration by the
owner or operator that—
(A) The affected source and its
associated air pollution control
equipment were operated and
maintained in a manner to minimize the
opacity of emissions during the
performance tests;
(B) The performance tests were
performed under the conditions
established by the Administrator, and
(C) The affected source and its
associated air pollution control
equipment were incapable of being
adjusted or operated to meet the
relevant opacity emission standard.
(iii) The Administrator will establish
an adjusted opacity emission standard
for the affected source meeting the
above requirements at a level at which
the source will be able, as indicated by
the performance and opacity tests, to
meet the opacity emission standard at
all times during which the source is
meeting the mass or concentration
emission standard. The Administrator
will promulgate the new opacity
emission standard in the Federal
Register.
(iv) After the Administrator
promulgates an adjusted opacity
emission standard for an affected
source, the owner or operator of such
source shall be subject to the new
opacity emission standard, and the new
opacity emission standard shall apply to
such source during any subsequent
performance tests.
(i) Extension of compliance with
emission standards. (I) Until an
extension of compliance has been
granted by the Administrator (or a State
with an approved permit program)
under this paragraph, the owner or
operator of an affected source subject to
the requirements of this section shall
comply with all applicable requirements
of this part.
(2) Extension of compliance for early
reductions and other reductions—{i)
Early reductions. Pursuant to section
112(i)(5) of the Act. if the owner or
operator of an existing source
demonstrates that the source has
achieved a reduction in emissions of
hazardous air pollutants in accordance
with the provisions of subpart D of this
part, the Administrator (or the State
with an approved permit program) will
grant the owner or operator an extension
of compliance with specific
requirements of this part, as specified in
subpart D.
(ii) Other reductions. Pursuant to
section 112(i)(6) of the Act. if the owner
or operator of an existing source has
installed best available control
technology (B ACT) [as defined in
section 169(3) of the Act] or technology
required to meet a lowest achievable
emission rate (LAER) (as defined in
section 171 of the Act) prior to the .
promulgation of an emission standard in
this part applicable to such source and
the same pollutant (or stream of
pollutants) controlled pursuant to the
BACT or. LAER installation, the
Administrator will grant the owner or
operator an extension of compliance
with such emission standard that will
apply until the date 5 years after the
date on which such installation was
achieved, as determined by the
Administrator.
1.3) Request for extension of
compliance. Paragraphs (1)(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
thi« section will be handled through
procedures specified in subpart D of this
part].
(4)(i)(A) The owner or operator of an
existing source who is unable to comply
with a relevant standard established
under this part pursuant to section
112(d) of the Act may request that the
Administrator (or a State, when the
State has an approved part 70 permit
program and the source is required to
obtain a part 70 permit under that
program, or a State, when the State has
been delegated the authority to
implement and enforce the emission
standard for that source) grant an
extension allowing the source up to 1
additional year to comply with the
standard, if such additional period is
necessary for the installation of controls.
An additional extension of up to 3 years
may be added for mining waste
operations, if the 1-year extension of
compliance is insufficient to dry and
cover "lining 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 titie V permit revised to
incorporate the conditions of the
extension of compliance. The
conditions of an extension of
compliance granted under this
paragraph will be incorporated into the
affected source's title V permit
according to the provisions of part 70 or
Federal title V regulations in this
chapter (42 U.S.C 7661). whichever are
applicable.
(B) Any request under this paragraph
for an extension of compliance with a
relevant standard shall be submitted in
writing to the appropriate authority nou
later than 12 months before the affected
source's compliance date (as specified
in paragraphs (b) and (c) of this section]
for sources that are not including
emission points in an emissions
average, or not later than 18 months
before the affected source's compliance
date (as specified In paragraphs (b) and
(c) of this section] for sources that are
including emission points in an
^missions average. Emission standards
established under this part may specify
alternative dates for the submittal of
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Federal Register / Vol. 59, No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 1244
requests for an extension of compliance
if alternatives are appropriate for the
source categories affected by those
standards, e.g.. a compliance date
specified by the standard is less than 12
(or 18) months after the standard's
effective date.
(it) The owner or operator of an
existing source unable to comply with a
relevant standard established under this
part pursuant to section 112(0 of the Act
may request that the Administrator
grant an extension allowing the source
up to 2 years after the standard's
effective date to comply with the
standard. The Administrator may grant
such an extension if he/she finds that
such additional period is necessary for
the installation of controls and that.
steps will be taken during the period of
the extension to assure that the health
of persons will be protected from
imminent endangerment. Any request
for an extension of compliance with a
relevant standard under this paragraph
shall be submitted in writing to the
Administrator not later than 15 calendar
days after the effective date of the
relevant standard.
(5) The owner or operator of an
existing source that has installed BACT
or technology required to meet LAER (as
specified in paragraph (i)(2)(ii) of this
section] prior to the promulgation of a
relevant emission standard in this part
may request that the Administrator
grant an extension allowing the source
5 years from the date on which such
installation was achieved, as
determined by the Administrator, to
comply with the standard. Any request
for an extension of compliance with a
relevant standard under this paragraph
shall be submitted in writing to the
Administrator not later than 120 days
after the promulgation date of the
standard. The Administrator may grant
such an extension if be or she finds that
the installation of BACT or.technology
to meet LAER controls the same
pollutant (or stream of pollutants) that
would be controlled at that source by
the relevant emission standard.
(6)(i) The request for a compliance
extension under paragraph (i)(4) of this
section shall include the following
information:
(A) A description of the controls to be
installed to comply with the standard;
(B) A compliance schedule, including
the date by which each step toward
compliance will be reached. At a
minimum, the list of dates shall include:
(1) The date by which contracts for
emission control systems or process
changes for emission control will be
awarded, or the date by which orders
will be issued for the purchase of
component parts to accomplish
emission control or process changes:
(2) The date by which on-site
construction, installation of emission
control equipment, or a process change
is to be initiated:
[3] The date by which on-site
construction, installation of emission
control equipment, or a process change
is to be completed: and
(4) The date by which final
compliance is to be achieved;
(C) A description of interim emission
control steps that will be taken during
the extension period, including
milestones to assure proper operation
and maintenance of emission control
and process equipment; and
(D) Whether the owner or operator is
also requesting an extension of other
applicable requirements (e.g.,
performance testing requirements).
(ii) The request for a compliance
extension under paragraph (i)(5) of this
section shall include all information
needed to demonstrate to the
Administrator's satisfaction that the
installation of BACT or technology to
meet LAER controls the same pollutant
(or stream of pollutants) that would be
controlled at that source by the relevant
emission standard.
(7) Advice on requesting an extension
of compliance may be obtained from the
Administrator (or the State with an
approved permit program).
(8) Approval of request for extension
of compliance. Paragraphs (i)(9) through
(i)(14) of this section concern approval
of an extension of compliance requested
under paragraphs (i)(4) through (i)(6) of
this section.
(9) Based on the information provided
in any request made under paragraphs
(i)(4) through (i)(6) of this section, or
other information, the Administrator (or
the State widvan approved permit
program) may grant an extension of
compliance with an emission standard.
as specified in paragraphs (i}(4) and
(i)(5) of this section.
(10) The extension will be in writing
and will—
(i) Identify each affected source
covered by the extension;
(ii) Specify the termination date of the
extension;
(iii) Specify the dates by which steps
toward compliance are to be taken, if
appropriate;
(iv) Specify other applicable
requirements to which the compliance
extension applies (e.g., performance
tests); and
(v)(A) Under paragraph (i)(4). specify
any additional conditions that the
Administrator (or the State) deems
necessary to assure installation of the
necessary controls and protection of the
health of persons during the extension
period: or
(B) Under paragraph (i)(5). specify an
additional conditions that the
Administrator deems necessary to
assure the proper operation and
maintenance of the installed controls
during the extension period.
(11) The owner or operator of an
existing source that has been granted ac
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 specifiec
in the written extension of compliance
granted under paragraph (i)(lO) of this
section.
(12)(i) The Administrator (or the Slate
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 o!
compliance within 30 calendar days
after receipt of sufficient information to
evaluate a request submitted under
paragraph (i)(4)(i) or (i)(5) of this
section. The 30-day approval or denial
period will begin after the owner or
operator has been notified in writing
that his/her application is complete.
The Administrator (or the State) will
notify the owner or operator in writing
of the status of his/her application, that
is. whether the application contains
sufficient information to make a
determination, within 30 calendar days
after receipt of the original application
and within 30 calendar days after
receipt of any supplementary
information that is submitted.
(ii) When notifying the owner or
operator that his/her application is not
complete, the Administrator will specih
the information needed to complete the
application and provide notice of
opportunity for the applicant to present.
in writing, within 30 calendar days after
he/she is notified of the incomplete
application, additional information or
arguments to the Administrator to
enable further action on the application.
(iii) Before denying any request for an
extension of compliance, the
Administrator (or the State with an
approved permit program) will notify
the owner or operator in writing of the
Administrator's (or the State's) intention
to issue the denial, together with—
(A) Notice of the information and
findings on which the intended denial
is based; and
(B) Notice of opportunity for the
owner or operator to present in writing.
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12444 Federal Register / Vol. 59. No. 51 / "Wednesday. 'March 16. 1994 / Rules and
within « calendar days after he/she is
notified of the intended denial.
additional information or arguments to
the Admimstrworior the State) beiore
further action on the request.
(iv) The Administrator's final
determination to deny •any request for
an extension will be in writing and will
set form the specific grounds on •which
the denial is based. The final
determination wiD be made within 30
calendar days after presentation of
additional information or argument (if
the application is complete), or within
30 calender days after the final date
specified Tor tbe presentation if no
presentation is made.
(13)(flThe 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 3D calendar days
after receipt of sufficient information to
evaluate a request submitted under
paragraph Wfr4)HD of this section. The
3D-day approval or denial period will
begin afterthe 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 ofTus/her application, that is.
whether
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 1244*
performance test by the Administrator is
optional.
(2) In the event the owner or operator
is unable to conduct the performance
test on the date specified in the
notification requirement specified in
paragraph (b)(l) of this section, due to
unforeseeable circumstances beyond his
or her control, the owner or operator
shall notify the Administrator within 5
days prior to the scheduled performance
test date and specify the date when the
performance test is ^scheduled. 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 witt it prevent
the Administrator from implementing or
enforcing *"'« part or talcing any other
action under the Act.
(c) Quality assurance program. (1)
The results of the quality assurance
program required in this paragraph will
be considered by the Administrator
when he/she determines the validity of
a performance test
(2)(i) Submission of site-specific test
plan. Before conducting a required
performance test, the owner or operator
of an affected source <"«U develop and,
if requested by the Administrator, shall
submit a site-specific test plan to the
Administrator for approval. The test
plan shall include a test program
summary, the test schedule, data quality
objectives, and both an internal and
external quality assurance (QA)
program. Data quality objectives are the
pretest expectations of precision.
accuracy, and completeness of data.
(ii) The internal QA program shall
include, at a minimum, the activities
planned by routine operators and
analysts to provide an assessment of test
data precision: an example of internal
QA is the sampling and analysis of
replicate samples.
(iii) The external QA program shall
include, at a minimum application of
plans for a test method performance
audit (PA) during the performance test.
The PA's consist of blind audit samples
provided by the Administrator and
analyzed during the performance test in
order to provide a measure of test data
bias. The external QA program may also
include systems audits that include the
opportunity for on-site evaluation by the
Administrator of instrument calibration.
data validation, sample logging, and
documentation of quality control data
and field maintenance activities.
(iv) The owner or operator of an
affected source shall submit the site-
specific test plan to the Administrator
upon the Administrator's request at
least 60 calendar days before the
performance test is scheduled to take
place, that is. simultaneously with the
notification of intention to conduct a
performance test required under
paragraph (b) of this section, or on a
mutually agreed upon date.
(v) The Administrator may request
additional relevant information after the
submittal of a site-specific test plan.
(3) Approval of site-specific test plan.
(i) The Administrator will notify the
owner or operator of approval or
intention to deny approval of the site- •
specific test plan (if review of the site-
specific test plan is requested) within 30
calendar days after receipt of the
original plan and within 30 calendar
days after receipt of any supplementary
information that is submitted under
paragraph (c)(3)(l)(B) of this section.
Before disapproving any site-specific
test plan, the Administrator will notify
the applicant of the Administrator's
intention to disapprove the plan
together with—
(A) Notice of the information and
findings on which the intended
disapproval is based; and
(B) Notice of opportunity for the
owner or operator to present, within 30
calendar days after he/she is notified of
the intended disapproval, additional
information to the Administrator before
final action on the plan.
(ii) In the event that the Administrator
fails to approve or disapprove the site-
specific test plan within the time period
specified in paragraph (c)(3)(i) of this
section, the following conditions shall
apply:
(A) If the owner or operator intends to
demonstrate compliance using the test
method(s) specified in the relevant
standard, the owner or operator shall
conduct the performance test within the
time specified in this section using the
specified method(s);
(B) If the owner or operator intends to
demonstrate compliance by using an
alternative to any test method specified
in the relevant standard, the owner or
operator shall refrain from conducting
the performance test until the
Administrator approves the use of the
alternative method when the
Administrator approves the site-specific
test plan (if review of the site-specific
test plan is requested) or until after the
alternative method is approved (see
paragraph (f) of this section]. If the
Administrator does not approve the site-
specific test plan (if review is requested)
or the use of the alternative method
within 30 davj uefore the test is
scheduled to begin, the performance test
dates specified in paragraph (a) of this
section may be extended such that the
owner or operator shall conduct the
performance test within 60 calendar
days after the Administrator approves
the site-specific test plan or after use of
the alternative method is approved.
Notwithstanding the requirements in
the preceding two sentences, the owiier
or operator may proceed to conduct the
performance test as required in this
section (without the Administrator s
prior approval of the site-specific test
plan) if he/she subsequently chooses to
use the specified testing and monitoring
methods instead of an alternative.
(iii) Neither the submission of a site-
specific test plan for approval, nor the
Administrator's approval or disapproval
of a plan, nor the Administrator's failure
to approve or disapprove a plan in a
timely manner shall—
(A) Relieve an owner or operator of
legal responsibility for compliance with
any applicable provisions of this part or
with any other applicable Federal, State
or local requirement; or
(B) Prevent the Administrator from
implementing or enforcing this pan or
taking any other action under the Act.
(4)(i) Performance test method audit
program. The owner or operator shall
analyze performance audit (PA) sample:
during each performance test. The
owner or operator shall request
performance audit materials 45 days
prior to the test date. Cylinder audit
gases may be obtained by contacting the
Cylinder Audit Coordinator, Quality
Assurance Division (MD-77B),
Atmospheric Research and Exposure
Assessment Laboratory (AREAL), U.S.
EPA. Research Triangle Park, North
Carolina 27711. All other audit
materials may be obtained by contacting
the Source Test Audit Coordinator,
Quality Assurance Division (MD-77B),
AREAL, U.S. EPA. Research Triangle
Park. North Carolina 27711.
(ii) The Administrator will have sole
discretion to require any subsequent
remedial actions of the owner or
operator based on the PA results.
(iii) If the Administrator fails to
provide required PA materials to an
owner or operator of an affected source
in time to analyze the PA samples
during a performance test, the ,
requirement to conduct a PA under this
paragraph shall be waived for such
source for that performance test. Waiver
under this paragraph of the requirement
to conduct a PA for a particular
performance test does not constitute a
waiver of the requirement to conduct a
PA for future required performance
tests.
(d) Performance testing facilities. If
required to do performance testing, the
owner or operator of each new source
and. at the request of the Administrator.
the owner or operator of each existing
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12446 Federal Register / Vol. 59. Mo. 51 / Wednesday. March 16. 1994 / Rules aod Regulations
seurrs. shall provide performance
test-jig facilities as lollows:
(1) Sampling ports adequate for test
mediods applicable to such source. This
includes:
10 Constructing the air pollution
control system .such that volumetric
How rales and pollutant emission rates
can be .accurately determined by
applicable lest methods and procedures:
and
(1!) Providing a stack or ^'""» Jree of
cyclonic How during performance tests,
as demon si rated by .applicable lest
methods and procedures;
(Z) Sale -campling platformfs.);
(3) Safe .access lo sampling
platfonnis);
(4) Utilities for sampling -and testing
(iv) Waives .the requirement lax
performance tests because fhn r""T»r or
operator of an allected source lias
demonstrated by other .means to the
Administrator's satisfaction that »h>»
affected source is *n f^t^Tn T\] i-a n m with
the relevant standard.
(3} Unless otherwise specified in a
relevant ssmnAarA or lest
(5 ) Any •other facilities thai the
A <* ra i n« tLtrntnr dfldnS DJBCXSSSTJ for
and adequate «»gtmg of a source.
(e) Conduct of pcrfanaoncs tests. (1)
pprfmiiiHiii^B •tf^f shall be conducted
nrrii»r mi-Vi crmHil-iiiiM. nctKn
Af*Tn-iiiri.imtnr specifies ID the owner or
operator based on representative
performance \\jt^ performance based on
normal operating conditions) of the
affected source. Operation* during
periods of startup, shutdown. and
malfunction shall not constitute
representative conditions for the
purpose of a performance test, nor shaD
emissions in excess of purpose nf Aftprmininf compli
with a relevant standard, the arithmetic
mean of the .results of the three raos
shall apply. Upon receiving approval
from Ihe Administrator. results of a test
run may be replaced with results of m
additional test ran in rt»« gvent thai
(i)' A sample is acckleotally lost after
thg testing laam leaves *h»? site; ox
[uj f*'"*"^if"Tiy tnr^Tm* j^ which one of
the three runs "•""* bo -*ii
because of forced shutdown; or
(iii) Extreme mateorotogical
conditions occuc 01
(iv) Other fin-inn gtannpc occur
are beyond the owner or opexaior's
conlrol
(4j Nothing in paragraphs {ej ( Ij
tVimng>i {e)(3J of ihis section g^aH be
r*nnew/
by the Administrator in order to meet
the performance test date specified in
this section or the relevant standard.
(3j Tire Administrator will determine
whether the -owner or operator's
uahdalion of the proposed alternative
test method is adequate when the
Administrator approves or disapproves
the site^speoific .test plan required under
p jrai»i -Mth ^^ of ttiic seCtifln. U th<»
iratnr finHc rogy^^jahl* gmiinds
to dispute die results obtained by die
Method 301 unJirfatinn process, the
Administrator may require the use of a
test method specified in a relevant
standard.
H) If Ihe Administrator finds
reasonable grounds to dispute the
results AKt^ir^^ £V m alternative test
rn°tbf>fi T/if tK» purposes of
demonstrating compliance udih a
relevant standard, ^.ha {LA
may require the oce Another test
method as allowed under §£3.7
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 1244:
bee a issued to the owner or operator of
an affected source, the owner or
operator shall tend the results o£the
performance test to the appropriate
permitting authority.
(2) (Reserved)
(3) For a minimum of 5 years after a
performance test is conducted, the
owner or operator «h*H retain and make
available, upon request, for inspection
by the Administrator the records or
results of such performance test and
other data needed to determine
emissions from an affected source.
(h) Waiver of performance tests. (1)
Until a waiver of a performance testing
requirement has been granted by the
Administrator under <"'« paragraph, the
owner or operator of an affected source
remains subject to the requirements of
this section.
(2) Individual performance tests may
be waived upon written application to
the Administrator if. in the
Administrator's judgment, the source is
meeting the relevant standard(s) on a
continuous basis, or the source is being
operated under an extension of
compliance, or the owner or operator
has requested an extension of
compliance and the Administrator is
still considering that request.
(3) Request to waive a performance
test, (i] If a request is made for an
extension of compliance under § 63.6(i],
the application for a waiver of an initial
performance test shall accompany the
information required for the request for
an extension of compliance. If no
extension of compliance is requested or
if the owner or operator has requested
an extension of compliance and the
Administrator if still considering that
request, the application for a waiver of
an initial performance test shall be
submitted at least 60 days before the
performance test if the site-specific test
plan under paragraph (c) of this section
is not submitted.
(ii) If an application for a waiver of a
subsequent performance test is made.
the application may accompany any
required compliance progress report.
compliance status report, or excess
emissions and continuous monitoring
system perforr-^ce report [such as
those requireo. _ider § 63.6(i). § 63.9(h).
and § 63.10(e) or specified in a relevant
standard or in the source's title V
permit], but it shall be submitted at least
60 days before the performance test if
the site-specific test plan required under
paragraph (c) of this section is not
submitted.
(iii) Any application for a waiver of a
performance test shall include
information justifying the owner or
operator's request for a waiver, such as
the technical or economic infeasibility.
or the impracticality. of the affected
source performing the required test.
(4) Approval of request to waive
performance test. The Administrator
will approve or deny a request for a
waiver of a performance test made
under paragraph (h)(3) of this section
when he/she—
(i) Approves or denies an extension of
compliance under §63.6(i)(8): or
(ii) Approves or disapproves a site-
specific test plan under § 63.7(c)(3); or
(iii) Makes a determination of
compliance following the submission of
a required compliance status report or
excess emissions and continuous
monitoring systems performance report:
or
(iv) Makes a determination of suitable
progress towards compliance following
the submission of a compliance progress
report, whichever is applicable.
(5) Approval of any waiver granted
under this section shall not abrogate the
Administrator's authority under the Act
or in any way prohibit the
Administrator from later canceling the
waiver. The ranr-»HAtjpq will be made
only after notion is given to the owner
or operator of the aflected source.
§ 63.6 Monitoring requirements.
(a) Applicability. (1)(I) Unless
otherwise specified in a relevant
standard, this section applies to the
owner or operator of an aflected source
required to do monitoring under that
standard.
(ii) Relevant standards established
under this part will specify monitoring
systems, methods, or procedures.
monitoring frequency, and other
pertinent requirements for sources)
regulated by those standards. This
section specifies general monitoring
requirements such as those governing
the conduct of monitoring and requests
to use alternative monitoring methods.
In addition, this section specifies
detailed requirements that apply to
affected sources required to use
continuous monitoring systems (CMS]
under a relevant standard.
(2) For the purposes of this part, all
CMS required under relevant standards
shall be subject to the provisions of this
section upon promulgation of
performance specifications for CMS as
specified in the relevant standard or
otherwise by the Administrator.
(3) [Reserved]
(4) Additional monitoring
requirements for control devices used to
comply with provisions in relevant
standards of this part are specified in
§63.11.
(b) Conduct of monitoring. (1)
Monitoring shall be conducted as set
forth in thi< section and the relevant
standard's) unless the Administrator—
(i) Specifies or approves the use of
minor changes in methodology for the
specified monitoring requirements and
procedures; or
(ii) Approves the use of alternatives 10
any monitoring requirements or
procedures.
(iii) Owners or operators with Qares
subject to §63.11(b) are not subject to
the requirements of this section unless
otherwise specified in the relevant
standard.
(2)(i) When the effluents from a single
affected source, or from two or more
affected sources, are combined before
being released to the atmosphere, the
owner or operator ch«ll i"gti»ll an
applicable CMS on each effluent.
(ii) If the relevant standard is a mnv;
emission standard and the effluent from
one aflected source is released to the
atmosphere through more thim one
point, the owner or operator shall install
an applicable CMS at each emission
point unless the installation of fewer
systems is—
(A) Approved by the Administrator
or
(B) Provided for in a relevant standard
(e.g.. instead of requiring that a CMS be
installed at each emission point before
the effluents from those points are
channeled to a common control device.
the standard specifies that only one
CMS is required to be installed at the
vent of the control device).
(3) When more than one CMS is used
to measure the emissions from one
affected source (e.g.. multiple
breechings, multiple outlets), the owner
or operator shall report the results as
required for each CMS. However, when
one CMS is used as a backup to another
CMS. the owner or operator shall report
the results from the CMS used to meet
the monitoring requirements of this
part. If both such CMS are used during
a particular reporting period to meet the
monitoring requirements of this part.
then the owner or operator shall report
the results from each CMS for the
relevant compliance period.
(c) Operation and maintenance of
continuous monitoring systems. (IfThe
owner or operator of an affected source
shall maintain and operate each CMS as
specified in this section, or in a relevant
standard, and in a manner consistent
with good air pollution control
practices.
(i) The owner or operator of an
affected source shall ensure the
immediate repair or replacement of
CMS parts to correct "routine" or
otherwise predictable CMS
malfunctions as defined in the source's
startup, shutdown, and malfunction
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Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations
plan required by §63.6(e)(3). The owner
or operator shall keep the necessary
parts for routine repairs of the affected
equipment readily available. If the plan
is followed and the CMS repaired
immediately, this action shall be
reported in the semiannual startup,
shutdown, and malfunction report
required under §63.10(d)(5)(i).
(ii) For those malfunctions or other
events that affect the CMS and are not
addressed by the startup, shutdown, and
malfunction plan, the owner or operator
shall report actions that are not
consistent with the startup, shutdown,
and malfunction plan within 24 hours
after commencing actions inconsistent
with the plan. The owner or operator
shall send a follow-up report within 2
weeks after commencing actions
'inconsistent with the plan that either
certifies that corrections have been
made or includes a corrective action
plan and schedule. The owner or
operator shall provide proof that repair
parts have been ordered or any other
records that would indicate that the
delay in making repairs is beyond his or
her control.
(iii) The Administrator's
determination of whether acceptable
operation and maintenance procedures
are being used will be based on
information that may include, but is not
limited to, review of operation and
maintenance procedures, operation and
maintenance records, manufacturing
recommendations and specifications.
and inspection of the CMS. Operation
and maintenance procedures written by
the CMS manufacturer and other
guidance also can be used to maintain
and operate each CMS.
(2) All CMS shall be installed such
that representative measurements of
emissions or process parameters from
the affected source are obtained. In
addition. CEMS shall be located
according to procedures contained in
the applicable performance
specincation(s).
(3) All CMS shall be installed.
operational, and the data verified as
specified in the relevant standard either
prior to or in conjunction with
conducting performance tests under
§ 63.7. Verification of operational status
shall, at a minimum, include
completion of the manufacturer's
written specifications or
recommendations for installation.
operation, and calibration of the system.
(4) Except for system breakdowns,
out-of-control periods, repairs,
maintenance periods, calibration
checks, and zero (low-level) and high-
level calibration drift adjustments, all
CMS. including COMS and CEMS. shall
be in continuous operation and shall
meet minimum frequency of operation
requirements as follows:
(i) All COMS shall complete a
minimum of one cycle of sampling and
analyzing for each successive ID-second
period and one cycle of data recording
for each successive 6-minute period.
(ii) AH CEMS for measuring emissions
other than opacity shall complete a
minimum of one cycle of operation
(sampling, analyzing, and data
recording) for each successive 15-
minute period.
(5) Unless otherwise approved by the
Administrator, minimum procedures for
COMS shall include a method for
producing a simulated zero opacity
condition and an upscale (high-level)
opacity condition using a certified
neutral density filter or other related
technique to produce a known
obscuration of the light beam. Such
procedures shall provide a system check
of all the analyzer's internal optical
surfaces and all electronic circuitry.
including the lamp and photodetector
assembly normally used in the
measurement of opacity.
(6) The owner or operator of a CMS
installed in accordance with the
provisions of this part and the
applicable CMS performance
spedfication(s) shall check the zero
(low-level) and high-level calibration
drifts at least once daily in accordance
with the written procedure specified in
the performance evaluation plan
developed under paragraphs (e)(3)(i)
and (e)(3)(ii) of this section. The zero
(low-level) and high-level calibration
drifts shall be adjusted, at a minimum
whenever the 24-hour zero (low-level)
drift exceeds two times the limits of the
applicable performance specification(s)
specified in the relevant standard. The
system must allow the amount of excess
zero (low-level) and high-level drift
measured at the 24-hour interval checks
to be recorded and quantified, whenever
specified. For COMS, all optical and
instrumental surfaces exposed to the
effluent gases ghqll be cleaned prior to
performing the zero (low-level) and
high-level drift adjustments: the optical
surfaces and instrumental surfaces shall
be cleaned when the cumulative
automatic zero compensation, if
applicable, exceeds 4 percent opacity.
(7)(i) A CMS is out of control if—
(A) The zero (low-level), mid-level (if
applicable), or "nigh-level calibration
drift (CD) exceeds two times the
applicable CD specification in the
applicable performance specification or
in. the relevant standard; or
(B) the CMS fails a performance test
audit (e.g.. cylinder gas audit), relative
accuracy audit, relative accuracy test
audit, or linearity test audit; or
(Q The COMS CD exceeds two times
the limit in the applicable performance
specification in the relevant standard.
(ii) When the CMS is out of control.
the owner or operator of the affected
source shall take the necessary
corrective action and shall repeat all
necessary tests which indicate that the
system is out of control. The owner or
operator shall take corrective action and
conduct retesting until the performance
requirements are below the applicable
limits. The beginning of the out-of-
control period is the hour the owner or
operator conducts a performance check
(e.g.. calibration drift) that indicates an
exceedance of the performance
requirements established under this
part. The end of the out-of-control
period is the hour following the
completion of corrective action and
successful demonstration that the
cystem is within the allowable limits.
During the period the CMS is out of
control, recorded data shall not be used
in data averages and calculations, or to
meet any data availability requirement
established under this part.
(8) The owner or operator of a CMS
that is out of control as defined in
paragraph (c)(7) of this section shall
submit all information concerning out-
of-control periods, including start and
end dates and hours and descriptions of
corrective actions taken, in the excess
emissions and continuous monitoring
system performance report required in
§63.10(e)(3).
(d) Quality control program. (1) The
results of the quality control program
required in this paragraph will be
considered by the Administrator when
he/she determines the validity of
monitoring data.
(2) The owner or operator of an
affected source that is required to use a
CMS and is subject to the monitoring
requirements of this section and a
relevant standard shall develop and
implement a CMS quality control
program. As part of the quality control
program, the owner or operator shall
develop and submit to the
Administrator for approval upon request
a site-specific performance evaluation _
test plan for the CMS performance "
evaluation required in paragraph
(e)(3)(i) of this section, according to the
procedures specified in paragraph (e). In
addition, each quality control program
shall include, at a minimum, a written
protocol that describes procedures for
each of the following operations:
(i) Initial and any subsequent
calibration of the CMS:
(ii) Determination and adjustment of
the calibration drift of the CMS;
(iii) Preventive maintenance of the
CMS. including spare parts inventory.
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12449
(tv) Data recording, calculations, and
reporting;
(v) Accuracy audit procedures.
including sampling and analysis
methods: and
(vi) Program of corrective action for a
malfunctioning CMS.
(3) The owner or operator shall keep
these written procedures on record for
the life of the affected source or until
the affected source is no Longer subject
to the provisions of this part, to be made
available for inspection, upon request.
by the Administrator. If the performance
evaluation plan is revised, the owner or
operator shall keep previous (Le.,
superseded) versions of the performance
evaluation plan on record to be made
available for inspection, upon request.
by the Administrator, fora 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 pan of the affected
source's startup, shutdown, and
malfunction plan to avoid duplication
of planning and recordkeeping efforts.
(e) Performance evaluation of
continuous monitoring systems—{1}
General. When required by a relevant
standard, and at any other time the
Administrator may require under
section 114 of the Act. the owner or
operator of an affected source being
monitored shall conduct a performance
evaluation of the CMS, Such
perrormance evaluation shall be
conducted according to the applicable
specifications and procedures described
in ihiy section or in the relevant
standard.
[2] Notification of performance
evaluation. The owner or operator shall
notify the Administrator in writing of
the date of the performance evaluation
simultaneously with the notification of
the performance test HatP required
under § 63.7fb) or at Least 60 days prior
to the date the performance evaluation
is scheduled to begin if no performance
test is required.
(3)(i) Submission of site-specific
performance evaluation test plan.
Before conducting a required CMS
performance evaluation, the owner or
operator of an affected source shall
develop and submit a site-specific
performance evaluation test plan to the
Administrator for approval upon
request. The performance evaluation
test plan shall include the evaluation
program objectives, an evaluation
program summary, the performance
evaluation schedule, data quality
objectives, and both an internal and
external QA program. Data quality
objectives are the pre-evaluation
expectations of precision, accuracy, and
completeness of data.
(ii) The intpmal QA program shall
include, at a minimum the activities
planned by routine operators »"d
analysts to provide an assessment of
CMS performance. The external QA
program cKall include, at a minimum t
systems audits that irtr-Vj'ip the
opportunity for on-sile evaluation by the
Administrator of instrument calibration,
data validation sample logging and
documentation of quality control data
and field maintAnani^
(iii) The owner or operator of an
affected source
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12450 Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations
determine opacity compliance during
any performance test required under
§ 63.7 and described in § 63.6(d)(6) shall
furnish the Administrator two or. upon
request, three copies of a written report
of the results of the COMS performance
evaluation under this paragraph. The
copies shall be provided at least 15
calendar days before the performance
test required under § 63.7 is conducted.
(f) Use of an alternative monitoring
method—{1) General. Until permission
to use an alternative monitoring method
has been granted by the Administrator
under this paragraph, the owner or
operator of an affected source remains
subject to the requirements of this
section and the relevant standard.
(2) After receipt and consideration of
written application, the Administrator '
may approve alternatives to any
monitoring methods or procedures of
this part including, but not limited to.
the following:
(i) Alternative monitoring
requirements when installation of a
CMS specified by a relevant standard
would not provide accurate
measurements due to liquid water or
other interferences caused by substances
within the effluent gases;
(ii) Alternative monitoring
requirements when the affected source
is infrequently operated;
(iii) Alternative monitoring
requirements to accommodate GEMS
that require additional measurements to
correct for stack moisture conditions:
(iv) Alternative locations for installing
CMS when the owner or operator fan
dencnstrate that installation at alternate
locations will enable accurate and
representative measurements;
(v) Alternate methods for converting
pollutant concentration measurements
to units of the relevant standard;
(vi) Alternate procedures for
performing daily checks of zero (low-
level) and high-level drift that do not
involve use of high-level gases or test
cells:
(vii) Alternatives to the American
Society for Testing and Materials
(ASTM) test methods or sampling
procedures specified by any relevant
standard;
(viii) Alternative CMS that do not
meet the design or performance
requirements in this part, but
adequately demonstrate a definite and
consistent relationship between their
measurements and the measurements of
opacity by a system complying with the
requirements as specified in the relevant
standard. The Administrator may
require that such demonstration be
performed for each affected source: or
(ix) Alternative monitoring
requirements when the effluent from a
single affected source or the combined
effluent from two or more affected
sources is released to the atmosphere
through more than one point
(3) If the Administrator finds
reasonable grounds to dispute the
results obtained by an alternative
monitoring method, requirement, or
procedure, the Administrator may
require the use of a method.
requirement, or procedure specified in
this section or in the relevant standard.
If the results of the specified and
alternative method, requirement, or
procedure do not agree, the results
obtained by the specified method,
requirement, or procedure shall prevail
(4)(i) Request to use alternative
monitoring method. An owner or
operator who wishes to use an
alternative monitoring method shall
submit an application to the
.Administrator as described in paragraph
(f](4)(ii) of this section, below. The
application may be submitted at any
'time provided that the monitoring
method is not used to demonstrate
compliance with a relevant standard or
other requirement. If the alternative
monitoring method is to be used to
demonstrate compliance with a relevant
standard* the application shall be
submitted not later than with the site-
specific test plan required in § 63.7(c) (if
requested) or with the site-specific
performance evaluation plan (if
requested) or at least 60 days before the
performance evaluation is scheduled to
begin.
(ii) The application shall contain a
description of the proposed alternative
monitoring system and a performance
evaluation test plan, if required, as
specified in paragraph (e)(3) of this
section. In addition, the application
shall include information justifying the
•owner or operator's request for an
alternative monitoring method, such as
the technical or economic infeasibility.
or the impracticality. of the affected
source using the required method.
(iii) The owner or operator may
submit the information required in this
paragraph well in advance of the
submittal dates specified in paragraph
(f)(4)(i) above to ensure a timely review
by the Administrator in order to meet
the compliance demonstration date
specified in thi< section or the relevant
standard.
(5) Approval of request to use
alternative monitoring method, (i) The
Administrator will notify the owner, or
operator of approval or intention to
deny approval of the request to use an
alternative monitoring method within
30 calendar days after receipt of the
original request and within 30 calendar
days after receipt of any supplementary
information that is submitted. Before
disapproving any request to use an
alternative monitoring method, the
Administrator will notify the applicant
of the Administrator's intention to
disapprove the request together wilb—
(A) Notice of the information and
findings on which the intended
disapproval is based; and
(Bj Notice of opportunity for the
owner or operator to present additional
information to the Administrator before
final action on the request. At the time
the Administrator notifies the applicant
of his or her intention to disapprove the
request, the Administrator will specify
how much time the owner or operator
will have after being notified of the
intended disapproval to submit the
additional information.
(ii) The Administrator may establish
genera^ procedures and criteria in a
relevant standard to accomplish the
requirements of paragraph (f)(5)(i) of
this section.
(iii) If the Administrator approves the
use of an alternative monitoring method
for an affected source under paragraph
(f)(5)(i) of this section, the owner or
operator of such source shall continue
to use the alternative monitoring
method until he or she receives
approval from the Administrator to use
another monitoring method as allowed
by§63.8(f).
(6) Alternative to the relative accuracy
test. An alternative to the relative
accuracy test for GEMS specified in a
relevant standard may be requested as
follows:
(i) Criteria for approval of alternative
procedures. An alternative-! tc the test
method for determining relative
accuracy is available for affected sources
with emission rates demonstrated to be
less 'hnn 50 percent of the relevant
standard. The owner or operator of an
affected source may petition the
Administrator under paragraph (f)(6)(ii)
of this section to substitute the relative
accuracy test in section 7 of
Performance Specification 2 with the
procedures in section 10 if the results of
a performance test conducted according
to the requirements in § 63.7, or other-
tests performed following the criteria in
§ 63.7, demonstrate that the emission
rate of the pollutant of interest in the
units of the relevant standard is less
than 50 percent of the relevant standard.
For affected sources subject to emission
limitations expressed as control
efficiency levels, the owner or operator
may petition the Administrator to
substitute the relative accuracy test with
the procedures in section 10 of
Performance Specification 2 if the
control device exhaust emission rate is
less than so percent of the level needed
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Federal Register / Vol. 59. No. 51 / Wednesday, March 16. 1994 / Rules and Regulations
12451
to meet the control efficiency
requirement. The alternative procedures
do not apply if the GEMS is used
continuously to determine compliance
with the relevant standard.
(ii) Petition to use alternative to
relative accuracy test. The petition to
use an alternative to the relative
accuracy test shall include a detailed
description of the procedures to be
applied, the location and the procedure
for conducting the alternative, the
concentration or response levels of the
alternative relative accuracy materials.
and the other equipment checks
included in the alternative procedure(s).
The Administrator will review the
petition for completeness and
applicability. The Administrator's
determination to approve an alternative
will depend on the intended use of the
GEMS data and may require
specifications more stringent than in
Performance Specification 2.
(iii) Rescission of approval to use
alternative to relative accuracy test. The
Administrator will review the
permission to use an alternative to the
CEMS relative accuracy test and may
rescind such permission if the CEMS
data from a successful completion of the
alternative relative accuracy procedure
indicate that the affected source's
emissions are approaching the level of
the relevant standard. The criterion for
reviewing the permission is that the
collection of CEMS data shows that
emissions have exceeded 70 percent of
the relevant standard for any averaging
penod. 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 aflected 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 secuon 7 of Performance
Specification 2.
(g) Reduction of monitoring data, (l)
The owner or operator of each CMS
shall reduce the monitoring data as
specified in this paragraph. In addition.
each relevant standard may contain '
additional requirements for reducing
monitoring data. When additional
requirements are specified in a relevant
standard, the standard will identify any
unnecessary or duplicated requirements
in this paragraph that the owner or
operator need not comply with.
(2) The owner or operator of each
COMS shall reduce all data to 6-minute
averages calculated from 36 or more
data points equally spaced over each 6-
minute period. Data from CEMS for
measurement other than opacity, unless
otherwise specified in the relevant
standard, shall be reduced to 1-hour
averages computed from four or more
data points equally spaced over each 1-
hour period, except during periods
when calibration, quality assurance, or
maintenance activities pursuant to
provisions of this part are being
performed. During these periods, a valid
hourly average shall consist of at least
two data points with each representing
a 15-minute period. Alternatively, an
arithmetic or integrated 1-hour average
of CEMS data may be used. Time
periods for averaging are defined in
§63.2.
(3) The data may be recorded in
reduced or nonreduced form (e.g., ppm
pollutant and percent O: or ng/J of
pollutant).
(4) All emission data shall be
converted into units of the relevant
standard for reporting purposes using
the conversion procedures specified in
that standard. After conversion into
units of the relevant standard, the data
may be rounded to the same number of
significant digits as used in that
standard to specify the emission limit
(e.g.. rounded to the nearest 1 percent
opacity).
(5) Monitoring data recorded during
periods of unavoidable CMS
breakdowns, out-of-control periods.
repairs, maintenance periods,
calibration checks, and zero (low-level)
and high-level adjustments shall not be
included in any data average computed
under this part.
§ 63.9 Notification requirements.
(a) Applicability and general
information. (1) The requirements in
this section apply to owners and
operators of affected sources that are
subject to the provisions of this part.
unless specified otherwise in a relevant
standard.
(2) For affected sources that have been
granted an extension of compliance
under subpart D of this part, the
requirements of this section do not
apply to those sources while they are
operating under such compliance
extensions.
(3) If any State requires a notice that
contains all the information required in
a notification listed in this secuon. the
owner or operator may send the
Administrator a copy of the notice sent
to the State to satisfy the requirements
of this section for that notification.
(4)(i) Before a State has been
delegated the authority to implement
and enforce notification requirements
established under this part, the owner or
operator of an affected source in such
State subject to such requirements shall
submit notifications to the appropriate
Regional Office of the EPA (to the
attention of the Director of the Division
indicated in the list of the EPA Regional
Offices in §63.13).
(it) After a State has been delegated
the authority to implement and enforce
notification requirements established
under this part, the owner or operator of
an aflected source in such State subject
to such requirements shall submit
notifications to the delegated State
authority (which may be the same as the
permitting authority). In addition, if the
delegated'(permitting) authority is the
State, the owner or operator shall send
a copy of each notification submitted to
the State to the appropriate Regional
Office of the EPA. as specified in
paragraph (a)(4)(i) of this section. The
Regional Office may waive this
requirement for any notifications at its
discretion.
(b) Initial notifications. (l)(i) The
requirements of this paragraph apply to
the owner or operator of an affected
source when such source becomes
subject to a relevant standard.
(ii) If an area source that otherwise
would be subject to an emission
standard or other requirement
established under this part if it were a
major source subsequently increases its
emissions of hazardous air pollutants
(or its potential to emit hazardous air
pollutants) such that the source is a
major source that is subject to the
emission standard or other requirement.
such source shall be subject to the
notification requirements of this section.
(iii) Affected sources that are required
under this paragraph to submit an initial
notification may use the application for
approval of construction or
reconstruction under § 63.5(d) of this
subpart, ifrelevant to fulfill the initial
notification requirements of this
paragraph.
(2) The owner or operator of an
affected source that has an initial
startup before the effective date of a
relevant standard under this part shall
notify the Administrator in writing that
the source is subject to the relevant
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Ruiea and Regulations
standard. The notification, which if1"*11
be submitted not later «N" 120 calendar
days after the e Deedve date of the %
relevant standard (or within 120
calendar days after the source becomes
subject to the relevant itandard). shall
provide the following information:
(i) The name and address of the owner
or operator:
(u) The address (L*.. physical
location) of the affected source;
(iii) An identification of the relevant
standard, or other requirement that is
the basis of the notification and the
source's compliance date;
(iv) A brief description of the nature.
size, design, and method of operation of
the source, including its operating
design capacity and an identification of
each point of emission for each _
hazardous air pollutant, or if a definitive
identification is not yet possible, a
preliminary identification of """-h point
of emission for each hazardous air
pollutant; and
(v) A statement of whether the
affected source is a major source or an
area source.
(3) The owner or operator of a new or
reconstructed affected source, or a
lource that has been reconstructed such
that it is an affected source, that has an
initial startup after the effective date of
a relevant standard under «h«« part and
for which an application for approval of
construction or reconstruction is not
required under § 63.5(d). shall notify the
Administrator in writing that the source
is subject to the relevant standard no
later than 120 days after initial startup.
The notification shall provide all the
information required in paragraphs
(b)(2)(i) through (b)(2)(v) of this section,
delivered or postmarked with the
notification required in paragraph (b)(5).
(4) The owner or operator of a new or
reconstructed major affected source that
has an initial startup after the effective
date of a relevant standard under *hi«
part and for which an application for
approval of construction or
reconstruction is required under
§ 63.5(d) shall provide the following
information in writing to the
Administrator
(i) A notification of intention to
construct a new major affected source,
reconstruct a major affected source, or
reconstruct a major source such that the
source becomes a major affected source
with the application for approval of
construction or reconstruction as
specified in §63.5(d)(l )(i);
(ii) A notification of the date when
construction or reconstruction was
commenced, submitted simultaneously
with the application for approval of
construction or reconstruction, if
construction or reconstruction was
commenced before the effective date of
the relevant standard;
(iii) A notification of the date when
construction or reconstruction was
commenced, delivered or postmarked
not later than 30 days after such date.
if construction or reconstruction was
commenced after the effective date of
the relevant standard;
(iv) A notification of the anticipated
date of startup of the source, delivered
or postmarked not more »h»n 60 day*
nor less than 30 days before such date;
and
(v) A notification of the actual date of
startup of the source, delivered or
postmarked within IS raUnrfnr days
after that date.
(5) After the effective date of any
relevant standard established by the
Administrator under this part, whether
or not an approved permit program is
effective in the State in which an
affected source is (or would be) located.
an owner or operator who intends to
construct a new affected source or
reconstruct an affected source subject to
such standard, or reconstruct a source
such that It becomes an affected source
subject to such standard, shall notify the
Administrator, in writing, of the
intended construction or reconstruction.
The notification shall be submitted as
soon as practicable before the
construction or reconstruction is
planned to commence (but no sooner
than the effective date of the relevant
standard) If the construction or
reconstruction commences after the
effective date of a relevant standard
promulgated in this part. The
notification shall be submitted as soon
as practicable before startup but no later
than 60 days after the effective date of
a relevant standard promulgated in this
part if the construction or
reconstruction had commenced and
initial startup had not occurred before
the standard's effective date. The
notification «h«H include all the
information required for an application
for approval of construction or
reconstruction as specified in § 63_5(d).
For major sources, the application for
approval of construction or
reconstruction may be used to fulfill the
requirements of this paragraph.
(c) Request for extension of
compliance. If the owner or operator of
an affected source cannot comply with
a relevant standard by the applicable
compliance date for that source, or if the
owner or operator has installed HACT or
technology to meet LAER consistent
with § 63.6(iH5) 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 5 fi3.6(i)(4) through
$63.6
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12453
at least 60 calendar days before the
evaluation is scheduled to begin:
(2) A notification that COMS data
results will be used to determine
compliance with the applicable opacity
emission standard during a performance
test required by $ 63.7 in lieu of Method
9 or other opacity emissions test method
data, as allowed by $ 63.6(h)(7)(ii), if
compliance with an opacity emission
standard is required for the source by* a
relevant standard. The notification shall
be submitted at least 60 calendar days
before the performance test is scheduled
to begin: and
(3) A notification that the criterion
necessary to continue use of an
alternative to relative accuracy testing.
as provided by § 63.8(0(6). has been
exceeded. The notification shall be
delivered or postmarked not later than
10 days after the occurrence of such
exceedance. and it shall include a
description of the nature and cause of
the increased emissions.
(h) Notification of compliance status.
(1) The requirements of paragraphs
(h)(2) through (h)(4) of this section
apply when an affected source becomes
subject to a relevant standard.
(2)(i) Before a title V permit has been
issued to the owner or operator of an
affected source, and each time a
notification of compliance status is
required under this part, the owner or
operator of such source shall submit to
the Administrator a notification of
compliance status, signed by the
responsible official who shall certify its
accuracy, attesting to whether the
source has complied with the relevant
standard. The notification shall list—
(A) The methods that were used to
determine compliance:
(B) The results of any performance
tests, opacity or visible emission
observations, continuous monitoring
system (G»1S) performance evaluations.
and/or other monitoring procedures or
methods that were conducted:
(Q The methods that will be used for .
determining continuing compliance.
including a dcscriptior of monitoring
and reporting requirements and test
methods:
(D) The type and quantity of
hazardous air pollutants emitted by the
source (or surrogate pollutants if
specified in the relevant standard).
reported in units and averaging times
and in accordance with the test methods
specified in the relevant standard:
(E) An analysis demonstrating
whether the affected source is a major
source or an area source (using the
emissions data generated for this
notification):
(F) A description of the air pollution
control equipment (or method) for each
emission point, including each control
device (or method) for each hazardous
air pollutant and the control efficiency
(percent) for each control device (or
method): and
(G) A statement by the owner or
operator of the affected existing, new. or
reconstructed source as to whether the
source has complied with the relevant
standard or other requirements.
(ii) The notification shall be sent
before the close of business on the 60th
day following the completion of the
relevant compliance demonstration
activity specified in the relevant
standard (unless a different reporting
period is specified in a relevant
standard, in which case the letter shall
be sent before the close of business on
the day the report of the relevant testing
or monitoring results is required to be
delivered or postmarked). For example.
the notification shall be sent before
close of business on the 60th (or other
required) day following completion of
the initial performance test and again
before the close of business on the 60th
(or other required) day following the
completion of any subsequent required
performance test. If no performance test
is required but opacity or visible
emission observations are required to
demonstrate compliance with an
opacity or visible emission standard
under this part, the notification of
compliance status shall be sent before
close of business on the 30th day
following the completion of opacity or
visible emission observations.
(3) After a title V permit has been
issued to the owner or operator of an
affected source, the owner or operator of
such source shall comply with all
requirements for compliance status
reports contained in the source's title V
permit, including reports required
under this part. After a title V permit
has been issued to the owner or operator
of an affected source, and each time a
notification of compliance status is
required under this pan. the owner or
operator of such source shall submit the
notification of compliance status to the
appropriate permitting authority
following completion of the relevant
compliance demonstration activity
specified in the relevant standard.
(4) (Reserved]
(5) If an owner or operator of an
affected source submits estimates or
preliminary information in the
application for approval of construction
or reconstruction required in § 63.5(d)
in place of the actual emissions data or
control efficiencies required in
paragraphs (d)(l)(ii)(H) and (d)(2) of
§ 63.5, the owner or operator shall
submit the actual emissions data and
other correct information as soon as
available but no later than with the
initial notification of compliance status
required in this section.
(6) Advice on a notification of
compliance status may be obtained from
the Administrator.
(i) Adjustment to time periods or
postmark deadlines forsubmittal and
review of required communications.
(l)(i) Until an adjustment of a time
period or postmark deadline has been
approved by the Administrator under
paragraphs (i)(2) and (i)(3) of this
section, the owner or operator of an
affected source remains strictly subject
to the requirements of this part.
(ii) An owner or operator shall request
the adjustment provided for in
paragraphs (i)(2) and (i)(3) of this
•section each time he or she wishes to
change an applicable time period or
postmark deadline specified in this pan.
(2) Notwithstanding time periods or
postmark deadlines specified in this
part for the cubmittal of information to
the Administrator by an owner or
operator, or the review of such
information by the Administrator, such
time periods or deadlines may be
changed by mutual agreement between
the owner or operator and the
Administrator. An owner or operator
who wishes to request a change in a
time period or postmark deadline for a
particular requirement shall request the
adjustment in writing as soon as
practicable before the subject activity is
required to take place. The owner or
operator shall include in the request
whatever information he or she
considers useful to convince the
Administrator that an adjustment is
warranted.
(3) If. in the Administrator's
judgment, an owner or operator's
request for an adjustment to a particular
time period or postmark deadline is
warranted, the Administrator will
approve the adjustment The
Administrator will notify the owner or
operator in writing of approval or
disapproval of the request for an
adjustment within 15 calendar days of
receiving sufficient information* to
evaluate the request
(4) If the Administrator is unable to
meet a specified deadline, he or she will
notify the owner or operator of any
significant delay and inform the owner
or operator of the amended schedule.
(j) Change in information already
provided. Any change in the
information already provided under thi:
section shall be provided to the
Administrator in writing within 15
calendar days after the change.
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12454
Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
$ 61.10 RecordkMptng and reporting
requirements.
(a) Applicability and general
information. (I) The requirements of
this section apply to owners or
operators of affected sources who ere
subject to the provisions of »"'T part.
unless specified otherwise in a relevant
standard.
(2) For affected sources that have been
granted an extension of compliance
under aubpart D of thu part, the
requirements of this section do not
apply to those sources while they are
operating under such compliance
extensions,
(3) If any State requires a report that
contains all the information required in
a report listed in this section, an owner
or operator may send the Administrator
a copy of the report sent to the State to
satisfy the requirements of this section
for that report.
UXi) 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 .«Kall submit
. reports to the appropriate Regional
Office of the EPA (to the attention of the
Director of the Division indicated in the
list of the EPA Regional Offices in
§63.131.
(li) After a State has been delegated
the authority to implement and enforce
recordkeeping and reporting
requirements established under this
pan, the owner or operator of an
affected source in such State subject to
such requirements cKall submit reports
to the delegated State authority (which
may be the same as the permitting
authority). In addition, if the delegated
(permitting] authority is the State, the
owner or operator shall send a copy of
each report submitted to the State to the
appropriate Regional Office of the EPA.
as specified in paragraph (a)(4)(i) of this
section. The Regional Office may waive
this requirement for any reports at its
discretion.
(5) If an owner or operator of an
affected source in a State with delegated
authority is required to submit periodic
reports under this part to the State, and
if the Stats 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 *"»« provision are
specified in §63.9(i).
(6) If an owner or operator supervises
one or more stationary sources affected
by more than one standard established
pursuant to section 112 of the Act. he/
she may arrange by mutual agreement
between the owner or operator and the
Administrator (or the State permitting
authority) a common schedule on which
periodic reports required for each
source snail be submitted throughout
the year. The allowance in the previous
sentence applies in each State beginning
1 year after the Latest compliance data
lor any relevant standard established
pursuant to section 112 of the Act for
any such affected sourceis). Procedures
governing the implementation of thia
provision are specified in § 63.9(1).
(7) If an owner or operator superviaes
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 thia chapter, he/she may arrange
by mutual agreement between the owner
or operator and the Administrator (or
the State permitting authority) a
enmmnn schedule on which periodic
reports required by each relevant (!-«-,
applicable) standard shall be submitted
throughout the year. The allowance in
the previous sentence applies in each
State beginning 1 year after the
stationary source is required to be in
compliance with the relevant section
112 standard, or 1 year after the
stationary source is required to be in
compliance with the applicable part 60
or part 61 standard, whichever is latest
Procedures governing the
implementation of this provision are
specified in § 63.9(i).
(b) General recordkeeping
requirements. (1) The owner or operator
of an affected source subject to the
provisions of »b'< 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 recant 2 years of data shall be
retained on site. The remaining 3 years
of data may be retained of! site. Such
files may be maintained on microfilm.
on a computer, on computer floppy
disk*, on magnetic tape disks, or on
microfiche.
(2) The owner or operator of en
affected source subject to the provisions
of thL< part shall maintain relevant
records for such source of—
(i) The occurrence and duration of
each startup, shutdown, or malfunction
of operation (La., process equipment);
(il) The occurrence and duration of
each malfunction of the air pollution
control equipment;
(ill) All maintenance performed on
the air pollution control equipment;
(iv) Actions taken during periods of
startup, shutdown, and malfunction
(including corrective actions to restore
malfunctioning process and air
pollution control equipment to its
normal or usual manner of operation)
when «uch actions are different from the
procedures specified in the affected
•ource'rstartup. shutdown, and
malfunction plan (s«e § 63.6{eM3)):
(v) All information necessary to
demonstrate confonnance with the
affected source's startup, shutdown, and
malfunction plan (see § 6X6(eK3)l when
all actions taken during periods of
startup, shutdown, and malfunction
(including corrective actions to restore
Trmlninrtinninn process and air
pollution control equipment to its
normal or usual manner of operation)
are consistent with the procedures
specified In such plan. (The information
needed to demonstrate confaimance
with the startup, shutdown, and
malfunction plan may be recorded using
a "checklist." or some other effective
form of recordkeeping. in order to
n-iinimiM the recordkeeping burden for
conforming events);
(vi) Each period during which a CMS
is malfunctioning or inoperative
(including out-of-control periods);
(vii) All required measurements
needed to demonstrate compliance with
a relevant standard (including, but not
limited to, 15-minute averages of CMS
data, raw performance testing
measurements, and raw performance
evaluation measurements, that support
data that the source is required to
report);
(viii) All resuhs of performance testsr
CMS performance evaluations, and
opacity and visible emission
observations;
(ix) All measurements as may be
necessary to determine the conditions of
performance tests and performance
evaluations;
(x) All CMS calibration checks;
(xi) All adjustments and maintenance
performed on CMS;
(xii) Any information demonstrating
whether a source is meeting the
requirements for a waiver of
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12455
rccordiceeping arxeponing requirements
under *h<« pan. if the source has been
granted a waiver under paragraph (f) of
Ibis section:
(xiii) All emission levels relative to
the criterion for obtaining permission to
use an alternative to the relative
accuracy test, if the source has been
granted such permission under
§63.8(0(6): and
(xiv) All documentation supporting
initial notifications and notifications of
compliance status under §63.9.
(3) Recordkeeping requirement for
applicability determinations. If an
owner or operator determines that his or
her stationary source that emits (or has
the potential to emit, without
considering controls) one or more
hazardous air pollutants is not subject to
a relevant standard or other requirement
established under this pan, the owner or
operator shall keep a record of the
applicability determination on site at
the source for a period of 5 years after
the determination, or until the source
changes its operations to become an
affected source, whichever comes first.
The record of the applicability
determination shall include an analysis
(or other information) that demonstrates
why the owner or operator believes the
source is unaffected (e.g.. because the
source is an area source). The analysis
(or other information) shall be
sufficiently detailed to allow the
Administrator to make a rinding about
the source's applicability status with
regard to the relevant standard or other
requirement. If relevant, the analysis
shall be performed in accordance with
requirements established in subparts of
this part for this purpose for particular
categories of stationary sources. If
relevant, the analysis should be
performed in accordance with EPA
guidance materials published to assist
sources in making epplicability
determinations under section 112. if
any.
(c) Additional recordkeeping
requirements for sources with
continuous monitoring systems. In
addition to complying with the
requirements specified in paragraphs
(b)(l) 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—
(1J All required CMS measurements
(including monitoring data recorded
during unavoidable CMS breakdowns
and out-of-control periods);
(2H4) (Reserved]
(5) The date and time identifying each
period dun"g which the CMS was
inoperative except for zero (low-level)
and high-level checks:
(6) The date and time identifying each
period during which the CMS was out
of control, as defined in .§ 63.8(c)(7);
(7) The specific identification (i.e.. the
date and time of gnmTnpTifympnt and
completion) of each period of excess
emissions and parameter monitoring
exceedances. as defined in the relevant
standard(s). that occurs during startups.
shutdowns, and malfunctions of the
affected source:
(8) The specific identification (i.e.. the
date and time of commencement and
completion) of each time period of
excess emissions and parameter
monitoring exceedances. as defined in
the relevant standard(c). that occurs
during periods other than startups.
shutdowns, and malfunctions of the
affected source:
(9) (Reserved]
(10) The nature and cause of any
malfunction (if known);
(111 The corrective action taken or
preventive measures adopted:
(12) The nature .of the repairs or
adjustments to the CMS that was
inoperative or out of control;
(13) The total process operating time
during the reporting period: and
(14) All procedures that are pan of a
quality control program developed and
implemented for CMS under § 633(d).
(15) In order to .satisfy the
requirements of paragraphs (c)(10)
through (c)(12) of this section and to
avoid duplicative recordkeeping efforts,
the owner or operator .may use the
affected source's startup, .shutdown, and
malfunction plan or records kept to
satisfy the teccrdkeeping requirements
of the startup, shutdown, and
malfunction plan specified in § 63.6(e).
provided that such plan and records
adequately address the requirements of
paragraphs (c)(10) through (c)(12).
(d) General reporting reoTiirements.
(1) Notwithstanding the requirements in
this paragraph or paragraph (e) of this
section, the ovraer or operator of an
affected source subject to reporting
requirements under this part ghall
submit reports to the Administrator in
accordance with the reporting
requirements in the relevant standard(s).
(2) Reporting results of performance
tests. Before a title V permit has been
issued to the owner or operator of an
affected source, the owner or operator
shall report the results of any
performance test under § 63.7 to the
Administrator. After a title V permit has
been issued to the owner or operator of
an affected source, the owner or
operator shall report the results of a
required performance test to the
appropriate permitting authority. The
owner or operator of an affected source
shall report the results of the
performance test to the Administrator
(or the State with an approved penmt
program) before the dose of business or.
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
pan of the notification of compliance
status required under §63.9(hj.
(3) Reporting results of opacity or
visible emission observations. The
owner or operator of an affected source
required to conduct opacity or visible
emission observations by a relevant
standard shall report the opacity or
visible emission results (produced using
Test Method 9 or Test Method 22. or an
alternative to these test methods) along
with-the results of the performance test
required under § 63.7. If no performance
test is required, or if visibility or other
conditions prevent the opacity or visible
emission observations from being
conducted concurrently with the
performance test required under § 63.7,
the owner or operator shall report the
opacity or visible emission results
before the-close of business on the 30th
day following the completion of the
opacity or visible emission observations.
(4) Progress reports. The owner or
operator of an affected source who is
required to submit progress reports as a
condition of receiving an extension of
compliance under § 63.6(i) shall submit
such reports to the Administrator (or the
Slate with an approved permit prograrc)
by the dates specified in the written
extension of compliance.
(5)(i) Periodic startup, shutdown. anr<
malfunction reports. If actions taken Ir-
an owner or operator during a startup.
shutdown, or malfunction of an affected
source (including actions taken to
correct a malfunction) are consistent
with the procedures specified in the
source's startup, shutdown, and
malfunction plan (see § 63.6(e)(3)]. the
owner or operator shall state such
information in a startup, shutdown, and
malfunction report. Reports shall only
be required if a startup, shutdown, or
malfunction occurred during the
reporting period. The startup. .
shutdown, and malfunction report shall
consist of a letter, containing the name.
title, and signature of the owner or
operator or other responsible official
who is certifying its accuracy, that shall
be submitted to the Administrator
semiannually (or on a more frequent
basis if specified otherwise in a relevant
standard or as established otherwise by
the permitting authority in the source's
title V permit). The startup, shutdown.
and malfunction report shall be
delivered or postmarked by the 30th day
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12456 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
following the end of each calendar half
(or other calendar reporting period, as
appropriate). If the owner or operator is
required to submit excess emissions and
continuous monitoring system
performance (or other periodic) reports
under this part, the startup, shutdown.
and malfunction reports required under
this paragraph may be submitted
simultaneously with the excess
emissions and continuous monitoring
system performance (or other) reports. If
startup, shutdown, and malfunction
reports are submitted with excess
emissions and continuous monitoring
system performance (or other periodic)
reports, and the owner or operator
receives approval to reduce the
frequency of reporting for the latter
under paragraph (e) of this section, the
frequency of reporting for the startup.
shutdown, and malfunction reports also
may be reduced if the Administrator
does not object to the intended change.
The procedures to implement the
allowance in the preceding sentence
shall be the same as the procedures
specified in paragraph (e)(3) of this
section.
(ii) Immediate startup, shutdown, and
malfunction reports. Notwithstanding
the allowance to reduce the frequency of
reporting for periodic startup.
shutdown, and malfunction reports
under paragraph (d)(5)(i) of this section.
any time an action taken by an owner
or operator during a startup, shutdown.
or malfunction (including actions taken
to correct a malfunction) is not
consistent with the procedures specified
in the affected source's startup.
shutdown, and malfunction plan, the
owner or operator shall report the
actions taken for that event within 2
working days after commencing actions
inconsistent with the plan followed by
a letter within 7 working days after the
end of the event. The immediate report
required under this paragraph shall
consist of a telephone call (or facsimile
[FAX] transmission) to the
Administrator within 2 working days
after commencing actions inconsistent
with the plan, and it shall be followed
by a letter, delivered or postmarked
within 7 working days after the end of
the event, that contains the name, title,
and signature of the owner or operator
or other responsible official who is
certifying its accuracy, explaining the
circumstances of the event, the reasons
for not following the startup, shutdown.
and malfunction plan, and whether any
excess emissions and/or parameter
monitoring exceedances are believed to
have occurred. Notwithstanding the
requirements of the previous sentence,
after the effective date of an approved
permit program in the State in which an
affected source is located, the owner or
operator may make alternative reporting
arrangements, in advance, with the
permitting authority in that State.
Procedures governing the arrangement
of alternative reporting requirements
under this paragraph are specified in
§63.9(i).
(e) Additional reporting requirements
for sources with continuous monitoring
systems—(1) General. When more than
one GEMS is used to measure the
emissions from one affected source (e.g..
multiple breerhings. multiple outlets).
the owner or operator shall report the
results as required for each GEMS.
(2) Reporting results of continuous
monitoring system performance
evaluations, (i) The owner or operator of
an affected source required to install a
CMS by a relevant standard shall
furnish the Administrator a copy of a
written report of the results of the CMS
performance evaluation, as required
under §63.8(e), simultaneously with the
•results of the performance test required
under §63.7, unless otherwise specified
in the relevant standard.
(ii) The owner or operator of an
affected source using a COMS to
determine opacity compliance during
any performance test required under
§ 63.7 and described in § 63.6(d)(6) shall
furnish the Administrator two or, upon
request, three copies of a written report
of the results of the COMS performance
evaluation conducted under § 63.8(e).
The copies shall be furnished at least 15
calendar days before the performance
test required under § 63.7 is conducted.
(3) Excess emissions and continuous
monitoring system performance report
and summary report, (i) Excess
emissions and parameter monitoring
exceedances are defined in relevant
standards. The owner or operator of an
effected source required to install a CMS
by a relevant standard shall submit an
excess emissions and continuous
monitoring system performance report
and/or a summary report to the
Administrator semiannually, except
when—
(A) More frequent reporting is
specifically required by a relevant
standard;
(B) The Administrator determines on
a case-by-case basis that more frequent
reporting is necessary to accurately
assess the compliance status of the
source: or
(C) The CMS data are to be used
directly for compliance determination
and the source experienced excess
emissions, in which case quarterly
reports shall be submitted. Once a
source reports excess emissions, the
source shall follow a quarterly reporting
format until a request to reduce
reporting frequency under paragraph
(e)(3)(ii) of this section is approved.
(ii) Bequest to reduce frequency of
excess emissions and continuous
monitoring system performance reports.
Notwithstanding the frequency of
reporting requirements specified in
paragraph (e)(3)(i) of this section, an
owner or operator who is required by a
relevant standard to submit excess
emissions and continuous monitoring
system performance (and summary)
reports on a quarterly (or more frequent)
basis may reduce the frequency of
reporting for that standard to
semiannual if the following conditions
are met:
(A) For 1 full year (e.g.. 4 quarterly or
12 monthly reporting periods) the
affected source's excess emissions and
continuous monitoring system
performance reports continually
demonstrate that the source is in
compliance with the relevant standard;
(B) The owner or operator continues
to comply with all recordkeeping and
monitoring requirements specified in
this subpart and the relevant standard:
and
(C) The Administrator does not object
to a reduced frequency of reporting for
the affected source, as provided in
paragraph (e)(3)(iii) of this section.
(ulj 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
bis 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
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Federal Register / Vol. 59. No. 51 I Wednesday. March 16. 1994 / Rules and Regulations 12457
aosence of a notice of disapproval
within 45 days, approval is
automatically granted.
(iv) As soon as CMS data indicate that
lie 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 «*"»>! submit an excess
emissions and continuous monitoring
system performance (and summary)
report for the noncomplying emission
points at the next appropriate reporting
pehod following the noncomplying
event. After demonstrating ongoing
compliance with the relevant standard
for another full year, the owner or
operator may again request approval
from the Administrator to reduce the
frequency of reporting for that standard.
as provided for in paragraphs (e)(3)(ii)
and (e)(3)(iii) of this section.
(v) Content and submittal dates for
excess emissions and monitoring system
performance reports. All excess
emissions and monitoring system
performance reports and all summary
reports, if required, shall be delivered or
postmarked by the 30th day following
the end of each calendar half or quarter.
as appropriate. Written reports of excess
emissions or exceedances of process or
control system parameters shall include
all the information required in
paragraphs (c)(5) through (c)(13) of this
section, in § 63.8(c)(7) and § 63.8(c)(8).
and in the relevant standard, and they
shall contain the name, title, and
signature of the responsible official who
is certifying the accuracy of the repoit.
When no excess emissions or
exceedances of a parameter have
occurred, or a CMS has not been
inoperative, out of control, repaired, or
adjusted, such information shall be
stated in the report
(vi) Summary report. As required
under paragraph* (e)(3)(vii) and
(e)(3)(viii) of this section, one summary
report shall be submitted for the
hazardous air pollutants monitored at
each ailectfid source (unless the relevant
*;ar.dard specifies that more than one
sun^nary report is required, e.g.. one
summary report for each hazardous air
pollutant monitored). The summary
report y'tull be entitled "Summary
Report—Gaseous and Opacity Excess
Emission and Continuous Monitoring
System Performance" and shall contain
the following information:
(A) The company name and address
of the affected source:
(B) An identification of each
hazaracir. air pollutant monitored at the
affectec scarce:
(C) The beginning and ending dates of
the reportine period:
(D) A fane: description of the process
units:
(E) The emission and operating
parameter limitations specified in the
relevant standard(s):
(FJ The monitoring equipment
manufactureris) and model numbers);
(C) The date of the latest CMS
certification or audit:
(H) The total operating time of the
affected source during the reporting
period:
(I) An emission data summary (or
similar summary if the owner or
operator monitors control system
parameters), including the total duration
of excess emissions during the reporting
period (recorded in minutes for opacity
and hours for gases), the total duration
of excess emissions expressed as a
percent of the total source operating
time during that reporting period, and a
breakdown of the total duration of
excess emissions during the reporting
period into those that are due to startup/
shutdown, control equipment problems.
process problems, other known causes.
and other unknown causes:
(]) 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
1 hours for gases), the total duration of
CMS downtime expressed as a percent
of the total source operating time during
that reporting period, and .a breakdown
of the total CMS downtime during the
reporting period into periods that are
due to monitoring equipment
malfunctions, nonmonitoring
equipment malfunctions, quality
assurance/quality control calibrations,
other known causes, and other
unknown causes:
(K) A description of any changes in
CMS. processes, or controls since the
last reporting period:
(L) The name, title, and signature of
the responsible official who is certifying
the accuracy of the report; and
(M) The date of the report.
(vii) If the total duration of excess
emissions or process or control system
parameter exceedances for the reporting
period is less than 1 percent of the total
operating time for the reporting period,
and CMS downtime forthe reporting
period is less than 5 percent of the total
operating time for the reporting period.
only the summary report shall be
submitted, and the full excess emissions
and continuous monitoring system
performance report need not be
submitted unless required by the
Administrator.
(viii) If the total duration of excess
emissions or process orcomroi system
parameter exceedances for the reporting
period is 1 percent or-greater of the total
operating time for the reporting period.
or the total CMS downtime for the
reporting period is 5 percent or greater
of the total operating time for the
reporting period, both the summary
report and the excess emissions and
continuous monitoring system
performance report shall be submitted.
(4) Reporting continuous opacity
monitoring system data produced
during a performance test. The owner or
operator of an affected source required
to use a COMS shall record the
monitoring data produced during a
performance test required under § 63.7
and shall furnish the Administrator a
written report of the monitoring results.
The report of COMS data shall be
submitted simultaneously with the
report of the performance test results
required in paragraph (d)(2) of this
section.
(f) IVoJvero/recordkeepJngor
reporting requirements. (1) Until a
waiver of a recordkeeping or reporting
requirement has been granted by the
Administrator under this paragraph, the
owner or operator of an affected source
remains subject to the requirements of
this section.
(2) Recordkeeping or reporting
requirements may be waived upon
written application to the Administrator
if. in the Administrator's judgment, the
affected source is achieving the relevant
standard(s), or the source is operating
under an extension of compliance, or
the owner or operator has requested an
extension of compliance and the
Administrator is still considering that
request.
(3) If an application for a waiver of
recordkeeping or reporting is made, the
application shall accompany the request
for an extension of compliance under
§ 63.6(1). any required compliance
progress report or compliance status
report required under this part Isuch as
under §63.6(J) and §63.9(h)l or in the
source's title V permit or an excess
emissions and continuous monitoring
system performance report required--
under paragraph (e) of this section.
whichever is applicable. The
application shall include whatever
information the owner or operator
considers useful to convince the
Administrator that a waiver of
recordkeeping or reporting is warranted.
(4) The Administrator will approve or
deny a request for a waiver of
recordkeeping or reporting requirements
under this paragraph when he/she—
(i) Approves or denies an extension of
compliance: or
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12458 Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations
(ii) Makes a determination of
compliance following the submission of
a required compliance status report or
excess emissions and continuous
monitoring systems performance report:
or
(iii) Makes a determination of suitable
progress towards compliance following
the submission of a compliance progress
report, whichever is applicable.
(5) A waiver of any recordkeeping or
reporting requirement granted under
this paragraph may be conditioned on
other recordkeeping or reporting
requirements deemed necessary by the
Administrator.
(6) Approval of any waiver granted
under this section shall not abrogate the
Administrator's authority under the Act
or in any way prohibit the
Administrator from later canceling the
waiver. The cancellation will be made
only after notice is given to the owner
or operator of the affected source.
«
§ 63.11 Control device requirements.
(a) Applicability. This section
contains requirements for control
devices used to comply with provisions
in relevant standards. These
requirements apply only to affected
sources covered by relevant standards
referring directly or indirectly to this
section.
(b) Flares. (I) 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 own«"s or
operators using flares shall ruonitor
these control devices.
(2) Flares shall be steam-assisted, air-
assisted, or non-assisted.
(3) Flares shall be operated at all
times when emissions may be vented to
them.
(4) Flares shall be designed for and
operated with no visible emissions.
except for periods not to exceed a total
of 5 minutes during any 2 consecutive
hours. Test Method 22 in Appendix A
of part 60 of this chapter shall be used
to determine the compliance of flares
with the visible emission provisions of
this part. The observation period is 2
hours and shall be used according to
Method 22.
(5) Flares shall be operated with a
flame present at all times. The presence
of a flare pilot flame shall be monitored
using a thermocouple or any other
equivalent device to detect the presence
of a flame.
(6) 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 Dare is steam-assisted or
air-assisted; or with the net heating
value of the gas being combusted at 7.45
MJ/scra (200 Btu/scf) or greater if the
flare is non-assisted. The net beating
value of the gas being combusted in a
flare shall be calculated using the
following equation:
HT-KIC.H,
l«l
Where:
HT=Net heating value of the sample. MJ/
son; where the net enthalpy per
mole of offgas is based on
combustion at 25 *C and 760 mm
Hg. but the standard temperature
for determining the volume
corresponding to one mole is 20 *C
K=Constant =
V ppmv )\ son A
where the standard temperature for (g-
mole/scm) is 20 *C
C,=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
(incorporated by reference as
specified in § 63.14).
H,=Net heat of combustion of sample
component i. kcal/g-mole at 25 *C
and 760 mm Hg. The heats of
combustion may be determined
using ASTM D2382-76
(incorporated by reference as
specified in § 63.14) if published
values are not available or cannot
be calculated.
n=Number of sample components.
(7)(i) Steam-assisted and nonassisted
flares shall be designed for and operated
with an exit velocity less than 18.3 m/
sec (60 ft/sec), except as provided in
paragraphs (b)(7)(ii) and (b)(7)(iii) of this
section. The actual exit velocity of a
flare shall be determined by dividing by
the volumetric flow rate of gas being
combusted (in units of emission
standard temperature and pressure), as
determined by Test Methods 2.2A, 2C.
or 2D in Appendix A to 40 CFR part 60
of this chapter, as appropriate, by the
unobstructed (free) cross-sectional area
of the flare tip.
(ii) Steam-assisted and nonassisted
flares designed for and operated with an
exit velocity, as determined by the
method specified in paragraph (b)(7)(i)
of this section, equal to or greater than
18.3 m/sec (60 ft/sec) but less than 122
m/sec (400 ft/sec), are allowed if the net
heating value of the gas being
combusted is greater than 37.3 MJ/son
(1.000 Btu/scf).
(iii) Steam-assisted and nonassisted
flares designed for and operated with an
exit velocity, as determined by the
method specified in paragraph fb)(7)(i)
of this section, less than the velocity
VM.. as determined by the method
specified in this paragraph, but less than
122 m/sec (400 fl/sec) are allowed. The
maximum permitted velocity. V,^,. for
flares complying with this paragraph
shall be determined by the following
equation:
Log,0(ynlM)=(HT*28.8)/31.7
Where:'
VmusMaximum permitted velocity, ml
sec.
28.8=Constant.
31.7=Constant.
Hr=The net heating value as determined
in paragraph (b)(6) of this section.
(8) Air-assisted flares shall be
designed and operated with an exit
velocity less than the velocity V,^. The
maximum permitted velocity. Vm»», for
air-assisted flares shall be determined
by the follo'wing equation:
VmM=8.706+0.7084(HT)
Where:
Vnu=Maximum permitted velocity, m/
sec.
8.706=Constant.
0.7084=Constant.
H-r=The net heating value as determined
in paragraph (b)(6) of this section.
§ 63.12 State a jthorlty and delegations.
(a) The provisions of this part shall
not be construed in any manner to
preclude any State or political
subdivision thereof from—
(1) Adopting and enforcing any
standard, limitation, prohibition, or
other regulation applicable to an
affected source subject to the
requirements of this part, provided that
such standard, limitation, prohibition,
or regulation is not less stringent than
any requirement applicable to such
source established under this parti
(2) Requiring the owner or operator of
an affected source to obtain permits^.
licenses, or approvals prior to initiating
construction, reconstruction.
modification, or operation of such
source; or
(3) Requiring emission reductions in
excess of those specified in subpart D of
this part as a condition for granting the
extension of compliance authorized by
section 112(i)(5) of the Act.
(b)(l) Section 112(1) of the Act directs
the Administrator to delegate to each
State, when appropriate, the authority to
implement and enforce standards and
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Federal Register / Vol. 59. No. 51 / Wednesday. March 16. 1994 / Rules and Regulations 12459
other requirements pursuant to section
112 for stationary sources located in that
Slate. Because of the unique nature of
radioactive material, delegation of
authority to implement and enforce
standards that control radionuciides
may require separate approval.
(2) Subpart E of this part establishes
procedures consistent with section
112(1) 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(1) approval.
(c) All information required to be
submitted to the EPA under this part
also shall be submitted to the
appropriate State agency of any State to
which authority has been delegated
under section 112(1) of the Act,
provided that each specific delegation
may exempt sources from a certain
Federal or State reporting requirement.
The Administrator may permit all or
rsome of the information to be submitted
to the appropriate State agency only.
instead of to the EPA and the State
agency.
§62.13 Addresses of State air pollution
control agencies and EPA Regional Offices.
(a) All requests, reports, applications.
submittals. and other communications
to the Administrator pursuant to this
part shall be submitted to the
appropriate Regional Office of the U.S.
Environmental Protection Agency
indicated in the following list of EPA
Regional Offices.
EPA Region I (Connecticut. Maine.
Massachusetts. New Hampshire. Rhode
Island. Vermont). Director. Air. Pesticides
and Toxics Division. J.F.K, Federal Building.
Boston. MA 02203-2211.
EPA Region 0 (New Jersey. New York.
Puerto Rico. Virgin Islands). Director. Air and
Waste Management Division. 26 Federal
Plaza. New York. NY 10278.
EPA Region IB (Delaware. District of
Columbia. Maryland. Pennsylvania. Virginia.
West Virginia). Director. Air. Radiation and
Toxics Division. 641 Chestnut Street.
Philadelphia. PA 19107.
EPA Region IV (Alabama. Florida. Georgia.
Kentucky. Mississippi. North Carolina. South
Carolina. Tennessee). Director. Air,
Pesticides and Toxics. Management Division.
345 Counland Sc**i. NE.. Atlanta. GA
30365.
EPA Region V (Illinois. Indiana. Michigan.
Minnesota. Ohio. Wisconsin). Director. Air
and Radiation Division. 77 West Jackson
Blvd.. Chicago. IL 6O6O4-3507.
EPA Region VI (Arkansas. Louisiana. New
Mexico. Oklahoma. Texas). Director. Air.
Pesticides and Toxics. 1445 Ross Avenue.
Dallas. TX 75202-2733.
EPA Region VII (Iowa. Kansas. Missouri.
Nebraska). Director. Air and Toxics Division.
726 Minnesota Avenue. Kansas City. KS
66101.
EPA Region Vm (Colorado. Montana.
North Dakota. South Dakota. Utah.
WyommgJ. Director. Air and Toxics Division.
999 18th Strwit. 1 Denver Place. Suite 500.
Denver. CO 80202-2405.
EPA Region DC (Arizona. California.
Hawaii. Nevada, American Samoa. Guam).
Director. Air and Toxics Division. 75
Hawthorne Street. San Francisco. CA 94105.
EPA Region X (Alaska. Idaho. Oregon.
Washington). Director. Air and Toxics
Division. 1200 Sixth Avenue. Seattle. WA
98101.
(b) All information required to be
submitted to the Administrator under
this part also shall be submitted to the
appropriate State agency of any State to
which authority has been delegated
under section 112(1) of the Act. The
owner or operator of an affected source
may contact the appropriate EPA
Regional Office for the mailing
addresses for those States whose
delegation requests have been approved.
(c) If any State requires a submittal
that contains all the information
required in an application, notification.
request, report, statement, or other
communication required in this part, an
owner or operator may send the
appropriate Regional Office of the EPA
a copy of that submittal to satisfy the
requirements of this part for that
communication.
§ 63.14 Incorporations by reference,
(a) The materials listed in this section
are incorporated by reference in the
corresponding sections noted. These
incorporations by reference were
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. These
materials are incorporated as they exist
on the date of the approval, and notice
of any change in these materials will be
published In the Federal Register. The
materials are available for purchase at
the corresponding addresses noted
below, and all are available for
inspection at the Office of the Federal
Register. 800 North Capital Street, NW,
suite 700. Washington, DC, at the Air
and Radiation Docket and Information
Center. U.S. EPA. 401 M Street. S\V..
Washington. DC. and at the EPA Library
(MD-35). U.S. EPA. Research Triangle
Park. North Carolina.
(b) The materials listed below are
available for purchase from at least one
of the following addresses: American
Society for Testing and Materials
(ASTM). 1916 Race Street. Philadelphia.
Pennsylvania 19103; or University
Microfilms International. 300 North
Zeeb Road. Ann Arbor. Michigan 48106.
(1) ASTM D1946-77, Standard
Method for Analysis of Reformed Gas by
Gas Chromatography, IBR approved for
§63.11fb)(6).
(2) ASTM D2382-76. Heat of
Combustion of Hydrocarbon Fuels by
Bomb Calorimeter (High-Precision
Method], IBR approved for §63.ll(b)(6)
§63.15 Availability of Information and
confidentiality.
(a) Availability of information. (1)
With the exception of information
protected through part 2 of this chapter.
all reports, records, and other
information collected by the
Administrator under this part are
available to the public. In addition, a
copy of each permit application.
compliance plan (including the
schedule of compliance), notification of
compliance status, excess emissions and
continuous monitoring systems
performance report, and title V permit is
available to the public, consistent with
protections recognized in section 503(e)
of the Act.
(2) The availability to the public of
information provided to or otherwise
obtained by the Administrator under
this part shall be governed by part 2 of
this chapter.
(b) Confidentiality. (1) If an owner or
operator is required to submit
information entitled to protection from
disclosure under section 114(c) of the
Act, the owner or operator may submit
such information separately. The
requirements of section 114(c) shall
apply to such information.
(2) The contents of a title V permit
shall not be entitled to protection under
section 114(c) of the Act: however.
information submitted as part of an
application for a title V permit may be
entitled to protection from disclosure.
(FR Doc. 94-5312 Filed 3-15-94. 845 ami
BILLING CODE
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5.0 IMPLEMENTATION
Implementation activities for the General Provisions are
ongoing; i.e., inquiries from Regions, States, and local air
pollution agencies are responded to on a case-by-case basis,
periodic conference calls are being held with Regions and State
and Territorial Air Pollution Program Administrators/Association
of Local Air Pollution Control Officials (STAPPA/ALAPCO), and
workshops are being held to help implementing staff to better
understand the General Provisions requirements. This document
should also serve as a useful tool in facilitating the
implementation of the General Provisions.
Successful implementation of the General Provisions requires
that States request delegation authority for the General
Provisions as quickly as practicable. This is particularly
important due to receipt of notifications required by promulgated
NESHAP- Based on the number of potentially affected sources
being regulated by the particular NESHAP, the number of
notifications could be small or very large. At any rate, the
Regional Offices may not be staffed to deal with the receipt of
large numbers of notifications required by the promulgated
NESHAP. Also, promulgated NESHAP will, for the most part,
reference the General Provisions (unless specific provisions are
overridden in the standard) and not repeat the applicable
sections of the General Provisions. For this reason, it is even
5-1
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more important for States to receive early delegation authority.
Six petitions for review of the General Provisions have been
filed. It is likely that this litigation will result in some
changes to the General Provisions, but it is not expected that
these potential changes will significantly impact the existing
General Provisions. Therefore, the litigation should not be a
consideration by States for delaying requesting delegation
authority.
5-2
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CONTACTS FOR FURTHER INFORMATION
For general questions, contact;
Shirley Tabler, ESD/SDB (MD-13)
(919) 541-5256
For questions about permitting;
Kirt Cox, AQMD/PPB (MD-15)
(919) 541-5399
For questions about performance testing and monitoring;
Peter Westlin, TSD/EMB, (MD-19)
(919) 541-1058
For questions about flares;
Les Evans, ESD/CPB, (MD-13)
(919) 541-5410
For questions about enforcement issues;
Office of Enforcement
Charlie Garlow
(202) 260-1088
Scott Throve
(703) 308-8699
5-3
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Regional Contacts:
Ms. Janet Beloin
U.S. Environmental Protection Agency
Region 1 (ATR)
John F. Kennedy Federal Building
Boston, Massachusetts 02203-2211
(617) 565-2734
Mr. Umesh Dholakia
U.S. Environmental Protection Agency
Region 2
26 Federal Plaza
New York, New York 10278
(212) 264-6676
Mr. Iz Milner/Ms. Alice Chow
U.S. Environmental Protection Agency
Region 3 (3AT11/3AT23)
841 Chestnut Street
Philadelphia, Pennsylvania 19107
(215) 597-9090/6550
Mr. Lee Page
U.S. Environmental Protection Agency
Region 4 (AR-4)
345 Courtland Street, N.E.
Atlanta, Georgia 30365
(404) 347-2864
Mr. Bruce Varner
U.S. Environmental Protection Agency
Region 5 (AT-18J)
77 West Jackson Boulevard
Chicago, Illinois 60604
(312) 886-6793
Mr. Tom Driscoll
U.S. Environmental Protection Agency
Region 6 (6T-ET)
1445 Ross Avenue
Dallas, Texas 75202-2733
(214) 665-7549
Mr. Wayne Kaiser
U.S. Environmental Protection Agency
Region 7
726 Minnesota Avenue
Kansas City, Kansas 66101
(913) 551-7603
5-4
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Mr. Cory Potash
U.S. Environmental Protection Agency
Region 8 (8ART-AP)
999 18th Street
1 Denver Place, Suite 500
Denver, Colorado 80202-2405
(303) 293-1886
Ms. Regina Spindler
U.S. Environmental Protection Agency
Region 9 (A-5-2)
75 Hawthorne Street
San Francisco, California 94105
(415) 744-1251
Mr. Chris Hall
U.S. Environmental Protection Agency
Region 10 (AT-082)
1200 Sixth Avenue
Seattle, Washington 98101
(206) 553-1949
5-5
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TECHNICAL REPORT DATA
(Please read I rut ructions on the reverse before completing/
1. REPORT NO.
EPA-453/R-94-062
4. TITLE AND SUBTITLE Enabling Document—General Provisions
for National Emission Standards for Hazardous Air
Pollutants for Source Categories 40 CFR Part 63
3. RECIPIENT'S ACCESSION NO.
5. REPORT DATE
August 1994
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-D1-0119
12. SPONSORING AGENCY NAME AND ADDRESS
Office of Air Quality Planning and Standards
Office of Air and Radiation
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
Final
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
16. ABSTRACT
On March 16, 1994 (59 FR 12408) General Provisions were promulgated for 40 CFR Part 63
which include national emission standards for hazardous air pollutants (NESHAP) for
source categories to be established pursuant to Section 112 of the Clean Air Act
Amendments of 1990 (CAAA). The purpose of this document is to provide practical
information to facilitate the implementation of the General Provisions for Part 63
national air toxics regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATl Field/Croup
Air pollution
Pollution control
Administrative practice and procedure
Hazardous substances
Recordkeeping and Reporting
Air pollution control
18. DISTRIBUTION STATEMENT
Unlimited
19. SECURITY CLASS (Tltis Report!
Unclassified
124
20. SECURITY CLASS (This pagei
Unclassified
22. PRICE
EPA Form 2220-1 (R«». 4-77) previous EDITION is OBSOLETE
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