Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.2850 How do I comply with the hazardous air pollutant emission

(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 Sec. 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 Sec. 63.2851.

(3) Develop a written startup, shutdown and malfunction (SSM) plan in accordance with the provisions in Sec. 63.2852.

(4) Maintain all the necessary records you have used to demonstrate compliance with this subpart in accordance with Sec. 63.2862.

(5) Submit the reports in paragraphs (a)(5)(i) through (iii) of this section:

(i) Annual compliance certifications in accordance with Sec. 63.2861(a).

(ii) Periodic SSM reports in accordance with Sec. 63.2861(c).

(iii) Immediate SSM reports in accordance with Sec. 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 Sec. 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 Sec. 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 Sec. 63.2850--Requirements for Compliance with HAP Emission Standards----------------------------------------------------------------------------------------------------------------

For initial startup

For periods of normal periods subject to Sec. For malfunction periods

Are you required to . . . operation? 63.2850(c)(2) or subject to Sec.

(d)(2)? 63.2850(e)(2)?----------------------------------------------------------------------------------------------------------------(a) Operate and maintain your source Yes. Additionally, the Yes, you are required Yes, you are required

(2)? 63.2850(e)(2)?----------------------------------------------------------------------------------------------------------------(a) Operate and maintain your source Yes. Additionally, the Yes, you are required Yes, you are required

in accordance with general duty HAP emission limits to minimize emissions to minimizwe emissions

provisions of Sec. 63.6(e)?. will apply. to the extent to the extent

practible throughout practible throughout

the initial startup the initial startup

period. Such measures period. Such measures

should be described in should be described in

the SSM plan. the SSM plan.(b) Determine and record the Yes, as described in Yes, as described in Yes, as described in

extraction solvent loss in gallons Sec. 63.2853. Sec. 63.2862(e). Sec. 63.2862(e).

from your source?.(c) Record the volume fraction of HAP Yes.................... Yes.................... Yes.

present at greater than 1 percent by

volume and gallons of extraction

solvent in shipment received?.(d) Determine and record the tons of Yes, as described in No..................... No.

each oilseed type processed by your Sec. 63.2855.

source?.(e) Determine the weighted average Yes.................... No. Except for solvent No, the HAP volume

volume fraction of HAP in extraction received by a new or fraction in any

solvent received as described in reconstructed source solvent received

Sec. 63.2854 by the end of the commencing operation during a malfunction

following calendar month?. under an initial period is included in

startup period, the the weighted average

HAP volume fraction in HAP determination for

any solvent received the next operating

during an initial month.

startup period is

included in the

weighted average HAP

determination for the

next operating month.(f) Determine and record the actual Yes,................... No, these requirements No, these requirements

solvent loss, weighted average are not applicable are not applicable

volume fraction HAP, oilseed because your source is because your source is

processed and compliance ratio for not required to not required to

each 12 operating month period as determine the determine the

described in Sec. 63.2840 by the compliance ratio with compliance ratio with

end of the following calendar month?. data recorded for an data recorded for a

initial startup period. malfunction period.(g) Submit a Notification of Yes, as described in No. However, you may be No. However, you may be

Compliance Status or Annual Sec. Sec. required to submit an required to submit an

Compliance Certification as 63.2860(d) and annual compliance annual compliance

appropriate?. 63.2861(a). certification for certification for

previous operating previous operating

months, if the months, if the

deadline for the deadline for the

annual compliance annual compliance

certification happens certification happens

to occur during the to occur during the

initial startup period. malfunction period.(h) Submit a Deviation Notification Yes.................... No, these requirements No, these requirements

Report by the end of the calendar are not applicable are not applicable

month following the month in which because your source is because your source is

you determined that the compliance not required to not required to

ratio exceeds 1.00 as described in determine the determine the

Sec. 63.2861(b)?. compliance ratio with compliance ratio with

data recorded for an data recorded for a

(i) Submit a Periodic SSM Report as No, a SSM activity is Yes.................... Yes.

described in Sec. 63.2861(c)?. not categorized as

normal operation.

(j) Submit an Immediate SSM Report as No, a SSM activity is Yes, only if your Yes, only if your

described in Sec. 63.2861(d)?. not categorized as source does not follow source does not follow

normal operation. the SSM plan. the SSM plan.----------------------------------------------------------------------------------------------------------------

Table 2 of Sec. 63.2850--Schedules for Demonstrating Compliance Under Various Source Operating Modes----------------------------------------------------------------------------------------------------------------

You must determine

your first Base your first

and is operating then your compliance ratio compliance ratio

If your source is . . . under. . . recordkeeping by the end of the on information

schedule. . . calendar month recorded. . .

(a) Existing.................... Normal operation.. Begins on the The first 12 During the first

compliance date. operating months 12 operating

after the months after the

(1) Normal Begins on the The first 12 During the first

operation. startup date of operating months 12 operating

your new source. after the startup months after the

date of the new startup date of

source. the new source.

(2) An initial Begins on the The first 12 During the first

startup period. startup date of operating months 12 operating

your new source. after termination months after the

of the initial initial startup

startup period, period, which can

which can last last for up to 6

for up to 6 months.

months.(c) Existing or new that has (1) Normal Resumes on the The first During the

been significantly modified. operation. startup date of operating month previous 11

the modified after the startup operating months

source. date of the prior to the

modified source. significant

modification and

the first

operating month

following the

initial startup

date of the

source.

(2) An initial Resumes on the The first During the 11

startup period. startup date of operating month operating months

the modified after termination before the

source. of the initial significant

startup period, modification and

which can last up the first

to 3 months. operating month

after the initial

startup period.---------------------------------------------------------------------------------------------------------------- [66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20463, Apr. 20, 2006]