40 CFR 63.11508 - What are my compliance requirements?

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There are 2 Updates appearing in the Federal Register for 40 CFR 63. View below or at eCFR (GPOAccess)
§ 63.11508 What are my compliance requirements?
(a) If you own or operate an affected source, you must submit a Notification of Compliance Status in accordance with § 63.11509(b) of “What are my notification, reporting, and recordkeeping requirements?”
(b) You must be in compliance with the applicable management practices and equipment standards in this subpart at all times.
(c) To demonstrate initial compliance, you must satisfy the requirements specified in paragraphs (c)(1) through (11) of this section.
(1) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a wetting agent/fume suppressant to comply with this subpart, you must demonstrate initial compliance according to paragraphs (c)(1)(i) through (iv) of this section.
(i) You must add wetting agent/fume suppressant to the bath of each affected tank according to manufacturer's specifications and instructions.
(ii) You must state in your Notification of Compliance Status that you add wetting agent/fume suppressant to the bath according to manufacturer's specifications and instructions.
(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(2) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a control system, as defined in § 63.11511, “What definitions apply to this subpart?”, to comply with this subpart, you must demonstrate initial compliance according to paragraphs (c)(2)(i) through (v) of this section.
(i) You must install a control system designed to capture emissions from the affected tank and exhaust them to a composite mesh pad, packed bed scrubber, or mesh pad mist eliminator.
(ii) You must state in your Notification of Compliance Status that you have installed the control system according to the manufacturer's specifications and instructions.
(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(v) You must follow the manufacturer's specifications and operating instructions for the control systems at all times.
(3) If you own or operate an affected batch electrolytic process tank, as defined in § 63.11511, “What definitions apply to this subpart?” that contains one or more of the plating and polishing metal HAP and which is subject to the requirements in § 63.11507(a), “What are my standards and management practices?” and you use a tank cover, as defined in § 63.11511, to comply with § 11507(a), (b) or (c) of this subpart, you must demonstrate initial compliance according to paragraphs (c)(3)(i) through (iv) of this section.
(i) You must install a tank cover on the affected tank.
(ii) You must state in your Notification of Compliance Status that you operate the tank with the cover in place at least 95 percent of the electrolytic process operating time.
(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(4) If you own or operate an affected continuous electrolytic process tank, as defined in § 63.11511, “What definitions apply to this subpart?” that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?” and you cover the tank surface to comply with § 11507(a), (b) or (c) of this subpart, you must demonstrate initial compliance according to paragraphs (c)(4)(i) through (iv) of this section.
(i) You must cover at least 75 percent of the surface area of the affected tank.
(ii) You must state in your Notification of Compliance Status that you operate the tank with the surface cover in place whenever the continuous electrolytic process is in operation.
(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(5) If you own or operate an affected flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by limiting the plating time of the affected tank, you must demonstrate initial compliance according to paragraphs (c)(5)(i) through (iii) of this section.
(i) You must state in your Notification of Compliance Status that you limit short-term or flash electroplating to no more than 1 cumulative hour per day, or 3 cumulative minutes per hour of plating time.
(ii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iii) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(6) If you own or operate an affected flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must demonstrate initial compliance according to paragraphs (c)(6)(i) through (iv) of this section.
(i) You must install a tank cover on the affected tank.
(ii) You must state in your Notification of Compliance Status that you operate the tank with the cover in place at least 95 percent of the plating time.
(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(7) If you own or operate an affected tank that contains one or more of the plating and polishing metal HAP, uses cyanide in the bath, and is subject to the management practices specified in § 63.11507(d), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(7)(i) through (iii) of this section.
(i) You must report in your Notification of Compliance Status the pH of the bath solution that was measured at startup, as defined in § 63.11511, according to the requirements of § 63.11507(d)(1).
(ii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(iii) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11490(g), “What are my standards and management practices?”, as practicable.
(8) If you own or operate an affected dry mechanical polishing operation that emits one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(e), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(8)(i) through (iii) of this section.
(i) You must install a control system that is designed to capture PM emissions from the polishing operation and exhaust them to a cartridge, fabric, or HEPA filter.
(ii) You must state in your Notification of Compliance Status that you have installed the control system according to the manufacturer's specifications and instructions.
(iii) You must keep the manufacturer's operating instructions at the facility at all times in a location where they can be easily accessed by the operators.
(9) If you own or operate an existing affected permanent thermal spraying operation that applies one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(f)(1), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(9)(i) through (iii) of this section.
(i) You must install a control system that is designed to capture PM emissions from the thermal spraying operation and exhaust them to a water curtain, or a cartridge, fabric, or HEPA filter.
(ii) You must state in your Notification of Compliance Status that you have installed and are operating the control system according to the manufacturer's specifications and instructions.
(iii) You must keep the manufacturer's operating instructions at the facility at all times in a location where they can be easily accessed by the operators.
(10) If you own or operate a new affected permanent thermal spraying operation that applies one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(f)(2), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(10)(i) through (iii) of this section.
(i) You must install and operate a control system that is designed to capture PM emissions from the thermal spraying operation and exhaust them to a cartridge, fabric, or HEPA filter.
(ii) You must state in your Notification of Compliance Status that you have installed and operate the control system according to the manufacturer's specifications and instructions.
(iii) You must keep the manufacturer's operating instructions at the facility at all times in a location where they can be easily accessed by the operators.
(11) If you own or operate an affected temporary thermal spraying operation that applies one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(f)(3), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(11)(i) and (ii) of this section.
(i) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(ii) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.
(d) To demonstrate continuous compliance with the applicable management practices and equipment standards specified in this subpart, you must satisfy the requirements specified in paragraphs (d)(1) through (8) of this section.
(1) You must always operate and maintain your affected source, including air pollution control equipment.
(2) You must prepare an annual compliance certification according to the requirements specified in § 63.11509(c), “Notification, Reporting, and Recordkeeping,” and keep it in a readily-accessible location for inspector review.
(3) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a wetting agent/fume suppressant to comply with this subpart, you must demonstrate continuous compliance according to paragraphs (d)(3)(i) through (iii) of this section.
(i) You must record that you have added the wetting agent/fume suppressant to the tank bath in the original make-up of the tank.
(ii) For tanks where the wetting agent/fume suppressant is a separate ingredient from the other tank additives, you must demonstrate continuous compliance according to paragraphs (d)(3)(ii) (A) and (B) this section.
(A) You must add wetting agent/fume suppressant in proportion to the other bath chemistry ingredients that are added to replenish the tank bath, as in the original make-up of the tank; or in proportion such that the bath is brought back to the original make-up of the tank.
(B) You must record each addition of wetting agent/fume suppressant to the tank bath.
(iii) You must state in your annual compliance certification that you have added wetting agent/fume suppressant to the bath according to the manufacturer's specifications and instructions.
(4) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a control system to comply with this subpart; an affected dry mechanical polishing operation that is subject to § 63.11507(e); or an affected thermal spraying operation that is subject to § 63.11507(f)(1) or (2), you must demonstrate continuous compliance according to paragraphs (d)(4)(i) through (v) of this section.
(i) You must operate and maintain the control system according to the manufacturer's specifications and instructions.
(ii) Following any malfunction or failure of the capture or control devices to operate properly, you must take immediate corrective action to return the equipment to normal operation according to the manufacturer's specifications and operating instructions.
(iii) You must state in your annual certification that you have operated and maintained the control system according to the manufacturer's specifications and instructions.
(iv) You must record the results of all control system inspections, deviations from proper operation, and any corrective action taken.
(v) You must keep the manufacturer's operating instructions at the facility at all times in a location where they can be easily accessed by the operators.
(5) If you own or operate an affected flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by limiting the plating time for the affected tank, you must demonstrate continuous compliance according to paragraphs (d)(5)(i) through (iii) of this section.
(i) You must limit short-term or flash electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.
(ii) You must record the times that the affected tank is operated each day.
(iii) You must state in your annual compliance certification that you have limited short-term or flash electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.
(6) If you own or operate an affected batch electrolytic process tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements of § 63.11507(a), “What are my standards and management practices?” or a flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), and you comply with § 11507(a), (b) or (c) of this section by operating the affected tank with a cover, you must demonstrate continuous compliance according to paragraphs (d)(6)(i) through (iii) of this section.
(i) You must operate the tank with the cover in place at least 95 percent of the electrolytic process operating time.
(ii) You must record the times that the tank is operated and the times that the tank is covered on a daily basis.
(iii) You must state in your annual certification that you have operated the tank with the cover in place at least 95 percent of the electrolytic process time.
(7) If you own or operate an affected continuous electrolytic process tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must demonstrate continuous compliance according to paragraphs (d)(7)(i) and (ii) of this section.
(i) You must operate the tank with at least 75 percent of the surface covered during all periods of electrolytic process operation.
(ii) You must state in your annual certification that you have operated the tank with 75 percent of the surface covered during all periods of electrolytic process operation.
(8) If you own or operate an affected tank or other operation that is subject to the management practices specified in § 63.11507(g), “What are my standards and management practices?”, you must demonstrate continuous compliance according to paragraphs (d)(8)(i) and (ii) of this section.
(i) You must implement the applicable management practices during all times that the affected tank or process is in operation.
(ii) You must state in your annual compliance certification that you have implemented the applicable management practices, as practicable.
[73 FR 37741, July 1, 2008, as amended at 76 FR 57920, Sept. 19, 2011]

Title 40 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-15; vol. 79 # 158 - Friday, August 15, 2014
    1. 79 FR 48072 - NESHAP for Reciprocating Internal Combustion Engines; NSPS for Stationary Internal Combustion Engines
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Notice of final decision on reconsideration.
      Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.
      40 CFR Parts 60 and 63

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United States Code

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 63 after this date.

  • 2014-08-15; vol. 79 # 158 - Friday, August 15, 2014
    1. 79 FR 48072 - NESHAP for Reciprocating Internal Combustion Engines; NSPS for Stationary Internal Combustion Engines
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Notice of final decision on reconsideration.
      Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.
      40 CFR Parts 60 and 63