What are the applicability requirements and compliance dates?
(a) Except as specified in paragraph (c) of this section, you are subject to this subpart if you own or operate a chemical manufacturing process unit (CMPU) that meets the conditions specified in paragraphs (a)(1) through (3) of this section.
(1) The CMPU uses as feedstocks, generates as byproducts, or produces as products any of the hazardous air pollutants (HAP) listed in Table 1 to this subpart (Table 1 HAP).
(2) The CMPU is located at an area source of HAP emissions.
(3) Table 1 HAP are present in feedstocks, or Table 1 HAP are generated or produced in the CMPU and are present in process fluid, at concentrations greater than 0.1 percent for carcinogens, as defined by the Occupational Safety and Health Administration at 29 CFR 1910.1200(d)(4), and greater than 1.0 percent for noncarcinogens. To determine the Table 1 HAP content of feedstocks, you may rely on formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet (MSDS) for the material. If the concentration in an MSDS is presented as a range, use the upper bound of the range.
(b) A CMPU includes all process vessels, equipment, and activities necessary to operate a chemical manufacturing process that produces a material or a family of materials described by North American Industry Classification System (NAICS) code 325. A CMPU consists of one or more unit operations and any associated recovery devices. A CMPU also includes each storage tank, transfer operation, surge control vessel, and bottoms receiver associated with the production of such NAICS code 325 materials.
(c) This subpart does not apply to the operations specified in paragraphs (c)(1) through (6) of this section.
(1) Affected sources under the following chemical manufacturing area source categories listed pursuant to Clean Air Act (CAA) section 112(c)(3) and 112(k)(3)(B)(ii) that are subject to area source standards under this part:
(i) Manufacture of Paint and Allied Products, subject to subpart CCCCCCC of this part.
(ii) Mercury Emissions from Mercury Cell Chlor-Alkali Plants, subject to subpart IIIII of this part.
(iii) Polyvinyl Chloride and Copolymers Production, subject to subpart DDDDDD of this part.
(iv) Acrylic and Modacrylic Fibers Production, subject to subpart LLLLLL of this part.
(v) Carbon Black Production, subject to subpart MMMMMM of this part.
(vi) Chemical Manufacturing Area Sources: Chromium Compounds, subject to subpart NNNNNN of this part.
(2) Production of the following chemical manufacturing materials described in NAICS code 325:
(i) Manufacture of radioactive elements or isotopes, radium chloride, radium luminous compounds, strontium, uranium.
(ii) Manufacture of photographic film, paper, and plate where the material is coated with or contains chemicals. This subpart does apply to the manufacture of photographic chemicals.
(iii) Fabricating operations (such as spinning or compressing a solid polymer into its end use); compounding operations (in which blending, melting, and resolidification of a solid polymer product occurs for the purpose of incorporating additives, colorants, or stabilizers); and extrusion and drawing operations (converting an already produced solid polymer into a different shape by melting or mixing the polymer and then forcing it or pulling it through an orifice to create an extruded product). An operation is subject if it involves processing with Table 1 HAP solvent or if an intended purpose of the operation is to remove residual Table 1 HAP monomer.
(iv) Manufacture of chemicals classified in NAICS code 325222, 325314, 325413, or 325998.
(3) Research and development facilities, as defined in CAA section 112(c)(7).
(4) Quality assurance/quality control laboratories.
(6) Metal HAP in structures or existing as articles as defined in 40 CFR 372.3.
(d) This subpart applies to each new or existing affected source. The affected source is the facility-wide collection of CMPUs and each heat exchange system and wastewater system associated with a CMPU that meets the criteria specified in paragraphs (a) and (b) of this section. A CMPU using only Table 1 organic HAP is required to control only total CAA section 112(b) organic HAP. A CMPU using only Table 1 metal HAP is required to control only total CAA section 112(b) metal HAP.
(1) An affected source is an existing source if you commenced construction or reconstruction of the affected source before October 6, 2008.
(2) An affected source is a new source if you commenced construction or reconstruction of the affected source on or after October 6, 2008.
(e) Any source that was a major source and installed a control device on a CMPU after November 15, 1990, and, as a result, became an area source under 40 CFR part 63 is required to obtain a permit under 40 CFR part 70 or 40 CFR part 71. Otherwise, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.
(f) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart no later than October 29, 2012.
(g) If you start up a new affected source on or before October 29, 2009, you must achieve compliance with the applicable provisions of this subpart no later than October 29, 2009.
(h) If you start up a new affected source after October 29, 2009, you must achieve compliance with the provisions in this subpart upon startup of your affected source.
Effective Date Note:At 75 FR 77762, Dec. 14, 2010, in § 63.11494, paragraph (e) was suspended, effective December 14, 2010 through March 14, 2011. At 76 FR 13515, Mar. 14, 2011, paragraph (e) was further suspended indefinitely.
Title 40 published on 2012-07-01
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