40 CFR 63.2850 - How do I comply with the hazardous air pollutant emission standards?

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§ 63.2850 How do I comply with the hazardous air pollutant emission standards?
(a) General requirements. The requirements in paragraphs (a)(1)(i) through (iv) of this section apply to all affected sources:
(1) Submit the necessary notifications in accordance with § 63.2860, which include:
(i) Initial notifications for existing sources.
(ii) Initial notifications for new and reconstructed sources.
(iii) Initial notifications for significant modifications to existing or new sources.
(iv) Notification of compliance status.
(2) Develop and implement a plan for demonstrating compliance in accordance with § 63.2851.
(3) Develop a written startup, shutdown and malfunction (SSM) plan in accordance with the provisions in § 63.2852.
(4) Maintain all the necessary records you have used to demonstrate compliance with this subpart in accordance with § 63.2862.
(5) Submit the reports in paragraphs (a)(5)(i) through (iii) of this section:
(i) Annual compliance certifications in accordance with § 63.2861(a).
(ii) Periodic SSM reports in accordance with § 63.2861(c).
(iii) Immediate SSM reports in accordance with § 63.2861(d).
(6) Submit all notifications and reports and maintain all records required by the General Provisions for performance testing if you add a control device that destroys solvent.
(b) Existing sources under normal operation. You must meet all of the requirements listed in paragraph (a) of this section and table 1 of this section for sources under normal operation, and the schedules for demonstrating compliance for existing sources under normal operation in table 2 of this section.
(c) New sources. Your new source, including a source that is categorized as new due to reconstruction, must meet the requirements associated with one of two compliance options. Within 15 days of the startup date, you must choose to comply with one of the options listed in paragraph (c)(1) or (2) of this section:
(1) Normal operation. Upon startup of your new source, you must meet all of the requirements listed in § 63.2850(a) and table 1 of this section for sources under normal operation, and the schedules for demonstrating compliance for new sources under normal operation in table 2 of this section.
(2) Initial startup period. For up to 6 calendar months after the startup date of your new source, you must meet all of the requirements listed in paragraph (a) of this section and table 1 of this section for sources operating under an initial startup period, and the schedules for demonstrating compliance for new sources operating under an initial startup period in Table 2 of this section. After a maximum of 6 calendar months, your new source must then meet all of the requirements listed in table 1 of this section for sources under normal operation.
(d) Existing or new sources that have been significantly modified. Your existing or new source that has been significantly modified must meet the requirements associated with one of two compliance options. Within 15 days of the modified source startup date, you must choose to comply with one of the options listed in paragraph (d)(1) or (2) of this section:
(1) Normal operation. Upon startup of your significantly modified existing or new source, you must meet all of the requirements listed in paragraph (a) of this section and table 1 of this section for sources under normal operation, and the schedules for demonstrating compliance for an existing or new source that has been significantly modified in table 2 of this section.
(2) Initial startup period. For up to 3 calendar months after the startup date of your significantly modified existing or new source, you must meet all of the requirements listed in paragraph (a) of this section and table 1 of this section for sources operating under an initial startup period, and the schedules for demonstrating compliance for a significantly modified existing or new source operating under an initial startup period in table 2 of this section. After a maximum of 3 calendar months, your new or existing source must meet all of the requirements listed in Table 1 of this section for sources under normal operation.
(e) Existing or new sources experiencing a malfunction. A malfunction is defined in § 63.2. In general, it means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment or process equipment to function in a usual manner. If your existing or new source experiences an unscheduled shutdown as a result of a malfunction, continues to operate during a malfunction (including the period reasonably necessary to correct the malfunction), or starts up after a shutdown resulting from a malfunction, then you must meet the requirements associated with one of two compliance options. Routine or scheduled process startups and shutdowns resulting from, but not limited to, market demands, maintenance activities, and switching types of oilseed processed, are not startups or shutdowns resulting from a malfunction and, therefore, do not qualify for this provision. Within 15 days of the beginning date of the malfunction, you must choose to comply with one of the options listed in paragraphs (e)(1) through (2) of this section:
(1) Normal operation. Your source must meet all of the requirements listed in paragraph (a) of this section and one of the options listed in paragraphs (e)(1)(i) through (iii) of this section:
(i) Existing source normal operation requirements in paragraph (b) of this section.
(ii) New source normal operation requirements in paragraph (c)(1) of this section.
(iii) Normal operation requirements for sources that have been significantly modified in paragraph (d)(1) of this section.
(2) Malfunction period. Throughout the malfunction period, you must meet all of the requirements listed in paragraph (a) of this section and Table 1 of this section for sources operating during a malfunction period. At the end of the malfunction period, your source must then meet all of the requirements listed in table 1 of this section for sources under normal operation. Table 1 of this section follows:
Table 1 of § 63.2850 —Requirements for Compliance with HAP Emission Standards
Are you required to . . . For periods of normal operation? For initial startup periods subject to § 63.2850(c)(2) or (d)(2)? For malfunction periods subject to § 63.2850(e)(2)?
(a) Operate and maintain your source in accordance with general duty provisions of § 63.6(e)? Yes. Additionally, the HAP emission limits will apply. Yes, you are required to minimize emissions to the extent practible throughout the initial startup period. Such measures should be described in the SSM plan. Yes, you are required to minimizwe emissions to the extent practible throughout the initial startup period. Such measures should be described in the SSM plan.
(b) Determine and record the extraction solvent loss in gallons from your source? Yes, as described in § 63.2853 Yes, as described in § 63.2862(e) Yes, as described in § 63.2862(e).
(c) Record the volume fraction of HAP present at greater than 1 percent by volume and gallons of extraction solvent in shipment received? Yes Yes Yes.
(d) Determine and record the tons of each oilseed type processed by your source? Yes, as described in § 63.2855 No No.
(e) Determine the weighted average volume fraction of HAP in extraction solvent received as described in § 63.2854 by the end of the following calendar month? Yes No. Except for solvent received by a new or reconstructed source commencing operation under an initial startup period, the HAP volume fraction in any solvent received during an initial startup period is included in the weighted average HAP determination for the next operating month No, the HAP volume fraction in any solvent received during a malfunction period is included in the weighted average HAP determination for the next operating month.
(f) Determine and record the actual solvent loss, weighted average volume fraction HAP, oilseed processed and compliance ratio for each 12 operating month period as described in § 63.2840 by the end of the following calendar month? Yes, No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for a malfunction period.
(g) Submit a Notification of Compliance Status or Annual Compliance Certification as appropriate? Yes, as described in §§ 63.2860(d) and 63.2861(a) No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the initial startup period No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the malfunction period.
(h) Submit a Deviation Notification Report by the end of the calendar month following the month in which you determined that the compliance ratio exceeds 1.00 as described in § 63.2861(b)? Yes No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for a malfunction period.
(i) Submit a Periodic SSM Report as described in § 63.2861(c)? No, a SSM activity is not categorized as normal operation Yes Yes.
(j) Submit an Immediate SSM Report as described in § 63.2861(d)? No, a SSM activity is not categorized as normal operation Yes, only if your source does not follow the SSM plan Yes, only if your source does not follow the SSM plan.
Table 2 of § 63.2850 —Schedules for Demonstrating Compliance Under Various Source Operating Modes
If your source is . . . and is operatingunder. . . then your recordkeepingschedule. . . You must determine your first compliance ratio by the end of the calendar month following. . . Base your first compliance ratio on informationrecorded. . .
(a) Existing Normal operation Begins on the compliance date The first 12 operating months after the compliance date During the first 12 operating months after the compliance date.
(b) New (1) Normal operation Begins on the startup date of your new source The first 12 operating months after the startup date of the new source During the first 12 operating months after the startup date of the new source.
(2) An initial startup period Begins on the startup date of your new source The first 12 operating months after termination of the initial startup period, which can last for up to 6 months During the first 12 operating months after the initial startup period, which can last for up to 6 months.
(c) Existing or new that has been significantly modified (1) Normal operation Resumes on the startup date of the modified source The first operating month after the startup date of the modified source During the previous 11 operating months prior to the significant modification and the first operating month following the initial startup date of the source.
(2) An initial startup period Resumes on the startup date of the modified source The first operating month after termination of the initial startup period, which can last up to 3 months During the 11 operating months before the significant modification and the first operating month after the initial startup period.
[66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20463, Apr. 20, 2006]

Title 40 published on 2013-07-01

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

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  • 2014-02-27; vol. 79 # 39 - Thursday, February 27, 2014
    1. 79 FR 11228 - Revisions to Test Methods and Testing Regulations
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on February 27, 2014. The incorporation by reference materials listed in the rule are approved by the Director of the Federal Register as of February 27, 2014.
      40 CFR Parts 51, 60, 61, and 63

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United States Code

Title 40 published on 2013-07-01

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

  • 2014-02-27; vol. 79 # 39 - Thursday, February 27, 2014
    1. 79 FR 11228 - Revisions to Test Methods and Testing Regulations
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on February 27, 2014. The incorporation by reference materials listed in the rule are approved by the Director of the Federal Register as of February 27, 2014.
      40 CFR Parts 51, 60, 61, and 63