40 CFR 63.1308 - Compliance demonstrations.

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§ 63.1308 Compliance demonstrations.
(a) For each affected source, compliance with the requirements listed in paragraphs (a)(1) through (a)(2) of this section shall mean compliance with the requirements contained in §§ 63.1293 through 63.1301, absent any credible evidence to the contrary.
(1) The requirements described in Tables 3, 4, and 5 of this subpart; and
(2) The requirement to submit a compliance certification annually as required under § 63.1306(g).
(b) All slabstock affected sources. For slabstock affected sources, failure to meet the requirements contained in § 63.1294 shall be considered a violation of this subpart. Violation of each item listed in the paragraphs (b)(1) through (b)(6) of this section, as applicable, shall be considered a separate violation.
(1) For each affected source complying with § 63.1294(a) in accordance with § 63.1294(a)(1), each unloading event that occurs when the diisocyanate storage vessel is not equipped with a vapor return line from the storage vessel to the tank truck or rail car, each unloading event that occurs when the vapor line is not connected, each unloading event that the vapor line is not inspected for leaks as described in § 63.1294(a)(1)(i), each unloading event that occurs after a leak has been detected and not repaired, and each calendar day after a leak is detected, but not repaired as soon as practicable;
(2) For each affected source complying with § 63.1294(a) in accordance with § 63.1294(a)(2), each unloading event that the diisocyanate storage vessel is not equipped with a carbon adsorption system, each unloading event (or each month if more than one unloading event occurs in a month) that the carbon adsorption system is not monitored for breakthrough in accordance with § 63.1303(a)(3) or (4), and each unloading event that occurs when the carbon is not replaced after an indication of breakthrough;
(3) For each affected source complying with § 63.1294(a) in accordance with § 63.1294(a)(2) through the alternative monitoring procedures in § 63.1303(a)(2), each unloading event that the diisocyanate storage vessel is not equipped with a carbon adsorption system, each time that the carbon adsorption system is not monitored for breakthrough in accordance with § 63.1303(a)(3) or (4) at the interval established in the design analysis, and each unloading event that occurs when the carbon is not replaced after an indication of breakthrough;
(4) For each affected source complying with § 63.1294(b) in accordance with § 63.1294(b)(1), each calendar day that a transfer pump in diisocyanate service is not a sealless pump;
(5) For each affected source complying with § 63.1294(b) in accordance with § 63.1294(b)(2), each calendar day that a transfer pump in diisocyanate service is not submerged as described in § 63.1294(b)(2)(i), each week that the pump is not visually monitored for leaks, each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made in accordance with § 63.1294(b)(2)(iii)(B), and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or a leak is not repaired as soon as practicable, each subsequent calender day (with the exception of situations meeting the criteria of § 63.1294(d));
(6) For each affected source complying with § 63.1294(c), each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made, and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, each subsequent calender day (with the exception of situations meeting the criteria of § 63.1296(f)).
(c) Slabstock affected sources complying with the emission point specific limitations. For slabstock affected sources complying with the emission point specific limitations as provided in § 63.1293(a), failure to meet the requirements contained in §§ 63.1295 through 63.1298 shall be considered a violation of this subpart. Violation of each item listed in the paragraphs (c)(1) through (c)(17) of this section, as applicable, shall be considered a separate violation.
(1) For each affected source complying with § 63.1295(a) in accordance with § 63.1295(b), each unloading event that occurs when the HAP ABA storage vessel is not equipped with a vapor return line from the storage vessel to the tank truck or rail car, each unloading event that occurs when the vapor line is not connected, each unloading event that the vapor line is not inspected for leaks as described in § 63.1295(b)(1), each unloading event that occurs after a leak has been detected and not repaired, and each calendar day after a leak is detected but not repaired as soon as practicable;
(2) For each affected source complying with § 63.1295(a) in accordance with § 63.1295(c), each unloading event that the HAP ABA storage vessel is not equipped with a carbon adsorption system, each unloading event (or each month if more than one unloading event occurs in a month) that the carbon adsorption system is not monitored for breakthrough in accordance with § 63.1303(a)(3) or (4), and each unloading event that occurs when the carbon is not replaced after an indication of breakthrough ;
(3) For each affected source complying with § 63.1295(a) in accordance with § 63.1295(c) through the alternative monitoring procedures in § 63.1303(a)(2), each unloading event that the HAP ABA storage vessel is not equipped with a carbon adsorption system, each time that the carbon adsorption system is not monitored for breakthrough in accordance with § 63.1303(a)(3) or (4) at the interval established in the design analysis, and each unloading event that occurs when the carbon is not replaced after an indication of breakthrough;
(4) For each affected source complying with § 63.1296(a) in accordance with § 63.1296(a)(1), each calendar day that a transfer pump in HAP ABA service is not a sealless pump;
(5) For each affected source complying with § 63.1296(a) in accordance with § 63.1296(a)(2), each week that a visual inspection of a pump in HAP ABA service is not performed, each quarter that a pump in HAP ABA service is not monitored to detect leaks in accordance with § 63.1304(a), each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made in accordance with § 63.1296(b)(2)(iii)(B), and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, each subsequent calender day (with the exception of situations meeting the criteria of § 63.1296(f));
(6) For each affected source complying with § 63.1296(b) in accordance with § 63.1296(b)(1) and (2), each quarter that a valve in HAP ABA service is not monitored to detect leaks in accordance with § 63.1304(a), each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made in accordance with § 63.1296(b)(2)(ii), and each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, whichever is earlier (with the exception of situations meeting the criteria of § 63.1296(f));
(7) For each affected source complying with § 63.1296(b)(3) for each valve designated as unsafe to monitor as described in § 63.1296(b)(3)(i), failure to develop the written plan required by § 63.1296(b)(3)(ii), each period specified in the written plan that an unsafe-to-monitor valve in HAP ABA service is not monitored, and each calendar day in which a leak is not repaired in accordance with the written plan;
(8) For each affected source complying with § 63.1296(b)(4) for one or more valves designated as difficult-to-monitor in accordance with § 63.1296(b)(4)(i) and (ii), failure to develop the written plan required by § 63.1296(b)(4)(iii), each calendar year that a difficult-to-monitor valve in HAP ABA service is not monitored, and each calendar day in which a leak is not repaired in accordance with the written plan;
(9) For each affected source complying with § 63.1296(c) in accordance with § 63.1296(c)(1) and (2), each year that a connector in HAP ABA service is not monitored to detect leaks in accordance with § 63.1304(a); each calendar day after 3 months after a connector has been opened, has otherwise had the seal broken, or a leak is repaired, that each connector in HAP ABA service is not monitored to detect leaks in accordance with § 63.1304(a); each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made, and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, each subsequent calendar day (with the exception of situations meeting the criteria of § 63.1296(f));
(10) For each affected source complying with § 63.1296(c)(3) for one or more connectors designated as unsafe-to-monitor in accordance with § 63.1296(c)(3)(i), failure to develop the written plan required by § 63.1296(c)(3)(ii), each period specified in the written plan that an unsafe-to-monitor valve in HAP ABA service is not monitored, each calendar day after 5 calendar days after detection of a leak of an unsafe-to-monitor connector that a first attempt at repair has not been made, and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, each subsequent calender day (with the exception of situations meeting the criteria of § 63.1296(f));
(11) For each affected source complying with § 63.1296(c)(4) for one or more connectors designated as unsafe to repair, each year that one or more unsafe-to-repair connectors in HAP ABA service is not monitored to detect leaks in accordance with § 63.1304(a); each calendar day after 3 months after one or more unsafe-to-repair connectors has been opened, has otherwise had the seal broken, or a leak is repaired, that each unsafe-to-repair connector in HAP ABA service is not monitored to detect leaks in accordance with § 63.1304(a); and the earlier of each calendar day after six-months after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, each subsequent calendar day;
(12) For each affected source complying with § 63.1296(d) in accordance with § 63.1296(d)(1) and (2), each calendar day after the 5 days that the pressure-relief device has not been monitored in accordance with § 63.1304(a) after a potential leak was discovered as described in § 63.1296(d)(1), each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made, and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is detected and not repaired as soon as practicable, each subsequent calendar day (with the exception of situations meeting the criteria of § 63.1296(f));
(13) For each affected source complying with § 63.1296(e) in accordance with § 63.1296(e)(1) through (5), each calendar day that an open-ended valve or line has no cap, blind flange, plug or second valve as described in § 63.1296(e)(2), and each calendar day that a valve on the process fluid end of an open-ended valve or line equipped with a second valve is not closed before the second valve is closed;
(14) For each affected source complying with § 63.1297(a) in accordance with the rolling annual compliance option in § 63.1297(a)(1) and (b), each calendar day in the 12-month period for which the actual HAP ABA emissions exceeded the allowable HAP ABA emissions level, each calendar day in which foam is being poured where the amount of polyol added at the mixhead is not monitored (as required) in accordance with § 63.1303(b)(1)(i), each calendar day in which foam is being poured where the amount of HAP ABA added at the mixhead is not monitored (as required) in accordance with § 63.1303(b)(1)(ii), each calendar day in a 6-month period in which the polyol pumps are not calibrated in accordance with § 63.1303(b)(3)(i), each calendar day in a month in which the HAP ABA pumps are not calibrated in accordance with § 63.1303(b)(3)(ii), and each calendar day after 10 working days after production where the IFD and density of a foam grade are not determined (where required) in accordance with § 63.1304(b);
(15) For each affected source complying with § 63.1297(a) in accordance with the monthly compliance option in § 63.1297(a)(2) and (c), each calendar day of each month for which the actual HAP ABA emissions exceeded the allowable HAP ABA emissions level for that month, each calendar day in which foam is being poured where the amount of polyol added at the mixhead is not monitored (as required) in accordance with § 63.1303(b)(1)(i), each calendar day in which foam is being poured where the amount of HAP ABA added at the mixhead is not monitored (as required) in accordance with § 63.1303(b)(1)(ii), each 6-month period in which the polyol pumps are not calibrated in accordance with § 63.1303(b)(3)(i), each month in which the HAP ABA pumps are not calibrated in accordance with § 63.1303(b)(3)(ii), and each calendar day after 10 working days after production where the IFD and density of a foam grade are not determined (where required) in accordance with § 63.1304(b);
(16) For each affected source complying with § 63.1297(a) by using a recovery device as allowed under § 63.1297(e), the items listed in (c)(16)(i) or (ii) of this section, as applicable.
(i) If complying with rolling annual compliance option in § 63.1297(a)(1) and (b), each item listed in (c)(14) of this section, failure to develop a recovered HAP ABA monitoring and recordkeeping program in accordance with § 63.1303(c), and each instance when an element of the program is not followed.
(ii) If complying with the monthly compliance option in § 63.1297(a)(2) and (c), each item listed in (c)(15) of this section, failure to develop a recovered HAP ABA monitoring and recordkeeping program in accordance with § 63.1303(c), and each instance when an element of the program is not followed.
(17) For each affected source complying with § 63.1298, each calendar day that a HAP or any HAP-based material is used as an equipment cleaner.
(d) Slabstock affected sources complying with the source-wide emission limitation. For slabstock affected sources complying with the source-wide emission limitation as provided in § 63.1293(b), failure to meet the requirements contained in § 63.1299 shall be considered a violation of this subpart. Violation of each item listed in the paragraphs (d)(1) through (d)(3) of this section, as applicable, shall be considered a separate violation.
(1) For each affected source complying with § 63.1299 in accordance with the rolling annual compliance option in § 63.1299(a), each calendar day in the 12-month period for which the actual HAP ABA emissions exceeded the allowable HAP ABA emissions level, each calendar day in which foam is being poured where the amount of polyol added at the mixhead is not monitored (as required) in accordance with § 63.1303(b)(1)(i), each calendar day in a week in which the amount of HAP ABA in a storage vessel is not determined in accordance with § 63.1303(d), each delivery of HAP ABA in which the amount of HAP ABA added to the storage vessel is not determined in accordance with § 63.1303(e), each calendar day in a 6-month period in which the polyol pumps are not calibrated in accordance with § 63.1303(b)(3)(i), and each calendar day after 10 working days after production where the IFD and density of a foam grade are not determined (where required) in accordance with § 63.1304(b);
(2) For each affected source complying with § 63.1299 in accordance with the monthly compliance option in § 63.1299(b), each calendar day of each month for which the actual HAP ABA emissions exceeded the allowable HAP ABA emissions level for that month, each calendar day in which foam is being poured where the amount of polyol added at the mixhead is not monitored (as required) in accordance with § 63.1303(b)(1)(i), each calendar day in a week in which the amount of HAP ABA in a storage vessel is not determined in accordance with § 63.1303(d), each delivery of HAP ABA in which the amount of HAP ABA added to the storage vessel is not determined in accordance with § 63.1303(e), and each calendar day in a 6-month period in which the polyol pumps are not calibrated in accordance with § 63.1303(b)(3)(i), and each calendar day after 10 working days after production where the IFD and density of a foam grade are not determined (where required) in accordance with § 63.1304(b).
(3) For each affected source complying with § 63.1299 by using a recovery device as allowed under § 63.1299(e), the items listed in (d)(3)(i) or (ii) of this section, as applicable.
(i) If complying with rolling annual compliance option in § 63.1299(a), each item listed in (d)(1) of this section, failure to develop a recovered HAP ABA monitoring and recordkeeping program in accordance with § 63.1303(c), and each instance when an element of the program is not followed.
(ii) If complying with the monthly compliance option in § 63.1299(b), each item listed in (d)(2) of this section, failure to develop a recovered HAP ABA monitoring and recordkeeping program in accordance with § 63.1303(c), and each instance when an element of the program is not followed.
(e) Molded and rebond foam affected sources. For molded and rebond foam affected sources, failure to meet the requirements contained in § 63.1300 and § 63.1301, respectively, shall be considered a violation of this subpart. Violation of each item listed in the following paragraphs shall be considered a separate violation.
(1) For each molded foam affected source subject to the provisions in § 63.1300(a), each calendar day that a HAP-based material is used as an equipment cleaner (except for diisocyanates used to flush the mixhead and associated piping during periods of startup or maintenance, provided that the diisocyanate compounds are contained in a closed-loop system and are re-used in production);
(2) For each molded foam affected source subject to the provisions of § 63.1300(b), each calendar day that a HAP-base material is used as a mold release agent;
(3) For each rebond foam affected source subject to the provisions of § 63.1301(a), each calendar day that a HAP-based material is used as an equipment cleaner; and
(4) For each rebond foam affected source complying with § 63.1301(b), each calendar day that a HAP-based mold release agent is used.

Title 40 published on 2014-07-01

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  • 2014-11-25; vol. 79 # 227 - Tuesday, November 25, 2014
    1. 79 FR 70102 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas
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      ENVIRONMENTAL PROTECTION AGENCY
      Direct final rule; delegation of authority.
      This rule is effective on January 26, 2015 without further notice, unless EPA receives relevant adverse comment by December 26, 2014. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
      40 CFR Part 63

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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.

  • 2014-12-12; vol. 79 # 239 - Friday, December 12, 2014
    1. 79 FR 73872 - Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and Standards of Performance for Phosphate Processing; Extension of Comment Period
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      ENVIRONMENTAL PROTECTION AGENCY
      Notice of proposed rulemaking; extension of public comment period.
      Comments. The public comment period for the proposed rule published in the Federal Register on November 7, 2014, (79 FR 66512) is being extended for 30 days to January 21, 2015.
      40 CFR Parts 60 and 63