--- kind: "section" citation: "40 C.F.R. § 63.112" title: "40" number: "63.112" heading: "Emission standard." url: "https://uscodex.org/cfr/40/63.112" --- # §63.112. Emission standard. - (a) The owner or operator of an existing source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the following equation: - (b) The owner or operator of a new source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the equation in [paragraph (a)](#a) of this section. - (c) The owner or operator of an existing source shall demonstrate compliance with the emission standard in [paragraph (a)](#a) of this section by following the procedures specified in [paragraph (e)](#e) of this section for all emission points, or by following the emissions averaging compliance approach specified in [paragraph (f)](#f) of this section for some emission points and the procedures specified in [paragraph (e)](#e) of this section for all other emission points within the source. - (d) The owner or operator of a new source shall demonstrate compliance with the emission standard in [paragraph (b)](#b) of this section only by following the procedures in [paragraph (e)](#e) of this section. The owner or operator of a new source may not use the emissions averaging compliance approach. - (e) The owner or operator of an existing or new source may comply with the process vent provisions in [§§ 63.113 through 63.118](/cfr/40/63.113..63.118.md) of this subpart, the storage vessel provisions in [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md) of this subpart, the transfer operation provisions in [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md) of this subpart, the wastewater provisions in [§§ 63.131 through 63.147](/cfr/40/63.131..63.147.md) of this subpart, the leak inspection provisions in [§ 63.148](/cfr/40/63.148.md), and the provisions in [§ 63.149](/cfr/40/63.149.md) of this subpart. - (1) The owner or operator using this compliance approach shall also comply with the requirements of [§ 63.151](/cfr/40/63.151.md) and [§ 63.152](/cfr/40/63.152.md) of this subpart, as applicable. - (2) The owner or operator using this compliance approach is not required to calculate the annual emission rate specified in [paragraph (a)](#a) of this section. - (3) When emissions of different kinds (e.g., emissions from process vents, transfer operations, storage vessels, process wastewater, and/or in-process equipment subject to [§ 63.149](/cfr/40/63.149.md) of this subpart) are combined, and at least one of the emission streams would be classified as Group 1 in the absence of combination with other emission streams, the owner or operator shall comply with the requirements of either [paragraph (e)(3)(i)](#e-3-i) or [paragraph (e)(3)(ii)](#e-3-ii) of this section. - (i) Comply with the applicable requirements of this subpart for each kind of emissions in the stream (e.g., the requirements in [§§ 63.113 through 63.118](/cfr/40/63.113..63.118.md) of this subpart G for process vents, and the requirements of [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md) for transfer operations); or - (ii) Comply with the first set of requirements identified in [paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E)](#e-3-ii-A..e-3-ii-E) of this section which applies to any individual emission stream that is included in the combined stream, where either that emission stream would be classified as Group 1 in the absence of combination with other emission streams, or the owner chooses to consider that emission stream to be Group 1 for purposes of this paragraph. Compliance with the first applicable set of requirements identified in [paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E)](#e-3-ii-A..e-3-ii-E) of this section constitutes compliance with all other requirements in [paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E)](#e-3-ii-A..e-3-ii-E) of this section applicable to other types of emissions in the combined stream. - (A) The requirements of this subpart for Group 1 process vents, including applicable monitoring, recordkeeping, and reporting; - (B) The requirements of this subpart for Group 1 transfer racks, including applicable monitoring, recordkeeping, and reporting; - (C) The requirements of [§ 63.119(e)](/cfr/40/63.119.md?p=e) for control of emissions from Group 1 storage vessels, including monitoring, recordkeeping, and reporting; - (D) The requirements of [§ 63.139](/cfr/40/63.139.md) for control devices used to control emissions from waste management units, including applicable monitoring, recordkeeping, and reporting; or - (E) The requirements of [§ 63.139](/cfr/40/63.139.md) for closed vent systems for control of emissions from in-process equipment subject to [§ 63.149](/cfr/40/63.149.md), including applicable monitoring, recordkeeping, and reporting. - (f) The owner or operator of an existing source may elect to control some of the emission points within the source to different levels than specified under [§§ 63.113 through 63.148](/cfr/40/63.113..63.148.md) of this subpart by using an emissions averaging compliance approach as long as the overall emissions for the source do not exceed the emission level specified in [paragraph (a)](#a) of this section. The owner or operator using emissions averaging must meet the requirements in paragraphs [(f)(1)](#f-1) and [(f)(2)](#f-2) of this section. - (1) Calculate emission debits and credits for those emission points involved in the emissions average as specified in [§ 63.150](/cfr/40/63.150.md) of this subpart; and - (2) Comply with the requirements of [§ 63.151](/cfr/40/63.151.md) and [§ 63.152](/cfr/40/63.152.md) of this subpart, as applicable. - (g) A State may restrict the owner or operator of an existing source to using only the procedures in [paragraph (e)](#e) of this section to comply with the emission standard in [paragraph (a)](#a) of this section. - (h) Where the provisions of this subpart require a performance test, waiver of that requirement shall be addressed only as provided in [§ 63.103(b)(5)](/cfr/40/63.103.md?p=b-5) of [subpart F](/cfr/40/subpartF.md) of this part. ## Notes ### Amendments [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997] ### Source Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted. ### Authority Authority: 42 U.S.C. 7401 et seq. ### Source Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted. ### Amendments [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997]