40 CFR 63.1290 - Applicability.

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§ 63.1290 Applicability.
(a) The provisions of this subpart apply to each new and existing flexible polyurethane foam or rebond foam process that meets the criteria listed in paragraphs (a)(1) through (3) of this section.
(1) Produces flexible polyurethane or rebond foam;
(2) Emits a HAP, except as provided in paragraph (c)(2) of this section; and
(3) Is located at a plant site that is a major source, as defined in § 63.2 of subpart A.
(b) For the purpose of this subpart, an affected source includes all processes meeting the criteria in paragraphs (a)(1) through (a)(3) of this section that are located at a contiguous plant site, with the exception of those processes listed in paragraph (c) of this section.
(c) A process meeting one of the following criteria listed in paragraphs (c)(1) through (3) of this section shall not be subject to the provisions of this subpart:
(1) A process exclusively dedicated to the fabrication of flexible polyurethane foam;
(2) A research and development process; or
(3) A slabstock flexible polyurethane foam process at a plant site where the total amount of HAP, excluding diisocyanate reactants, used for slabstock foam production and foam fabrication is less than or equal to five tons per year, provided that slabstock foam production and foam fabrication processes are the only processes at the plant site that emit HAP. The amount of non-diisocyanate HAP used, HAPused, shall be calculated using Equation 1. Owners or operators of slabstock foam processes exempt from the regulation in accordance with this paragraph shall maintain records to verify that total non-diisocyanate HAP use at the plant site is less than 5 tons per year (4.5 megagrams per year).
Where,
HAPused = amount of HAP, excluding diisocyanate reactants, used at the plant site for slabstock foam production and foam fabrication, tons per year
VOLABA, i = volume of HAP ABA i used at the facility, gallons per year
DABA, i = density of HAP ABA i, pounds per gallon
m = number of HAP ABAs used
VOLclean, j = volume of HAP used as an equipment cleaner, gallons per year
Dclean, j = density of HAP equipment cleaner j, pounds per gallon
WTHAPclean, k = HAP content of equipment cleaner j, weight percent
n = number of HAP equipment cleaners used
VOLadh, k = volume of adhesive k, gallons per year
Dadh, k = density of adhesive k, pounds per gallon
WTHAPadh, k = HAP content of adhesive k, weight percent
o = number of adhesives used
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 63.1290 Applicability.

(a) The provisions of this subpart apply to each new and existing flexible polyurethane foam or rebond foam process that meets the criteria listed in paragraphs (a)(1) through (3) of this section.

(1) Produces flexible polyurethane or rebond foam;

(2) Emits a HAP, except as provided in paragraph (c)(2) of this section; and

(3) Is located at a plant site that is a major source, as defined in § 63.2 of subpart A.

(b) For the purpose of this subpart, an affected source includes all processes meeting the criteria in paragraphs (a)(1) through (a)(3) of this section that are located at a contiguous plant site, with the exception of those processes listed in paragraph (c) of this section.

(c) A process meeting one of the following criteria listed in paragraphs (c)(1) and (2) of this section shall not be subject to the provisions of this subpart:

(1) A process exclusively dedicated to the fabrication of flexible polyurethane foam; or

(2) A research and development process.

(d) Applicability of this subpart.

(1) The emission limitations set forth in this subpart and the emission limitations referred to in this subpart shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies.

(2) Equipment leak requirements of § 63.1294 shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which the equipment leak requirements apply.

(3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions are being routed to such items of equipment if the shutdown would contravene requirements of this subpart applicable to such items of equipment.

(4) General duty. At all times, the owner or operator shall operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements 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, review of operation and maintenance records, and inspection of the source.

[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48086, Aug. 15, 2014]

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United States Code

Title 40 published on 2015-07-01

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

  • 2015-12-07; vol. 80 # 234 - Monday, December 7, 2015
    1. 80 FR 76152 - National Emission Standards for Aerospace Manufacturing and Rework Facilities Risk and Technology Review
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final action is effective on December 7, 2015.
      40 CFR Part 63