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Notes

40 C.F.R. §§ 63.11495–63.11498

4 sections in range

§63.11495. What are the management practices and other requirements?

40 C.F.R. § 63.11495

(a)
Management practices. If you have a CMPU subject to this subpart, you must comply with paragraphs (a)(1) through (6) of this section.
(1)
Each process vessel must be equipped with a cover or lid that must be closed at all times when it is in organic HAP service or metal HAP service, except for manual operations that require access, such as material addition and removal, inspection, sampling and cleaning. This requirement does not apply to process vessels containing only metal HAP that are in a liquid solution or other form that will not result in particulate emissions of metal HAP (e.g., metal HAP that is in ingot, paste, slurry, or moist pellet form or other form).
(2)
You must use any of the methods listed in paragraphs (a)(2)(i) through (iv) of this section to control total organic HAP emissions from transfer of liquids containing HAP listed in table 1 to this subpart to tank trucks or railcars. You are not required to comply with this paragraph (a)(2) if you have notified the Administrator in your initial notification that a material is reactive or resinous, and you will not be able to comply with any of the methods in paragraphs (a)(2)(i) through (iv) of this section for the transfer of such material.
(i)
Use submerged loading or bottom loading.
(ii)
Route emissions to a fuel gas system or process in accordance with § 63.982(d).
(iii)
Vapor balance back to the storage tank or another storage tank connected by a common header.
(iv)
Vent through a closed-vent system to a control device.
(3)
Except as specified in paragraph (a)(6) of this section, you must conduct inspections of process vessels and equipment for each CMPU in organic HAP service or metal HAP service, as specified in paragraphs (a)(3)(i) through (v) of this section, to demonstrate compliance with paragraph (a)(1) of this section and to determine that the process vessels and equipment are sound and free of leaks. Alternatively, except when the subject CMPU contains metal HAP as particulate, inspections may be conducted while the subject process vessels and equipment are in VOC service, provided that leaks can be detected when in VOC service.
(i)
Inspections must be conducted at least quarterly.
(ii)
For these inspections, detection methods incorporating sight, sound, or smell are acceptable. Indications of a leak identified using such methods constitute a leak unless you demonstrate that the indications of a leak are due to a condition other than loss of HAP. If indications of a leak are determined not to be HAP in one quarterly monitoring period, you must still perform the inspection and demonstration in the next quarterly monitoring period.
(iii)
As an alternative to conducting inspections, as specified in paragraph (a)(3)(ii) of this section, you may use Method 21 of 40 CFR part 60, appendix A-7, with a leak definition of 500 ppmv to detect leaks. You may also use Method 21 with a leak definition of 500 ppmv to determine if indications of a leak identified during an inspection conducted in accordance with paragraph (a)(3)(ii) of this section are due to a condition other than loss of HAP. The procedures in this paragraph (a)(3)(iii) may not be used as an alternative to the inspection required by paragraph (a)(3)(ii) of this section for process vessels that contain metal HAP as particulate.
(iv)
Inspections must be conducted while the subject CMPU is operating.
(v)
No inspection is required in a calendar quarter during which the subject CMPU does not operate for the entire calendar quarter and is not in organic HAP service or metal HAP service. If the CMPU operates at all during a calendar quarter, an inspection is required.
(4)
Except as specified in paragraph (a)(6) of this section, you must repair any leak within 15 calendar days after detection of the leak, or document the reason for any delay of repair. For the purposes of this paragraph (a)(4), a leak will be considered “repaired” if a condition specified in paragraph (a)(4)(i), (ii), or (iii) of this section is met.
(i)
The visual, audible, olfactory, or other indications of a leak to the atmosphere have been eliminated; or
(ii)
No bubbles are observed at potential leak sites during a leak check using soap solution; or
(iii)
The system will hold a test pressure.
(5)
Except as specified in paragraph (a)(6) of this section, you must keep records of the dates and results of each inspection event, the dates of equipment repairs, and, if applicable, the reasons for any delay in repair.
(6)
Beginning no later than the compliance dates specified in § 63.11494(i) for equipment in organic HAP service, as determined by § 63.180(d), paragraphs (a)(3) through (5) of this section no longer apply. Instead, you must comply with the requirements specified in paragraphs (a)(6)(i) through (xiv) of this section. Equipment that is in vacuum service is excluded from the requirements of this paragraph (a)(6). Equipment that is in organic HAP service less than 300 hours per calendar year is excluded from the requirements of this paragraph (a)(6) if it is identified as required in § 63.11501(c)(9)(i)(D).
(i)
Except as specified in paragraph (a)(6)(ii) of this section, conduct leak detection monitoring annually for all pumps in light liquid service, valves in gas/vapor service and in light liquid service, and connectors in gas/vapor service and in light liquid service as specified in paragraphs (a)(6)(i)(A) through (C) of this section.
(A)
Use the method specified in § 63.180(b)(1) through (3).
(B)
The calibration gases must be zero air (less than 10 ppm of hydrocarbon in air); and methane and air at a concentration of 10,000 ppm methane. At the end of each monitoring day, check the instrument using the same calibration gas that was used to calibrate the instrument before use. Follow the procedures specified in Method 21 of 40 CFR part 60, appendix A-7, section 10.1, except do not adjust the meter readout to correspond to the calibration gas value. If multiple scales are used, record the instrument reading for each scale used. Divide the arithmetic difference of the initial and post-test calibration response by the corresponding calibration gas value for each scale and multiply by 100 to express the calibration drift as a percentage. If a calibration drift assessment shows a negative drift of more than 10 percent, then re-monitor all equipment monitored since the last calibration with instrument readings between the leak definition and the leak definition multiplied by (100 minus the percent of negative drift) divided by 100. If any calibration drift assessment shows a positive drift of more than 10 percent from the initial calibration value, then, at your discretion, all equipment with instrument readings above the leak definition and below the leak definition multiplied by (100 plus the percent of positive drift) divided by 100 monitored since the last calibration may be re-monitored.
(C)
The instrument reading that defines a leak is 10,000 ppm or greater. When a leak is detected, the following requirements apply:

(1) Clearly identify the leaking equipment. A weatherproof and readily visible identification, marked with the equipment identification number, must be attached to the leaking equipment. The identification on the equipment may be removed after it is repaired.

(2) A first attempt at repair must be made no later than 5 calendar days after the leak is detected.

(3) The piece of equipment must be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraph (a)(6)(viii) of this section.

(4) The leak is repaired when instrument re-monitoring of the equipment does not detect a leak.

(5) It is a deviation to fail to take action to repair the leaks within the specified time. If action is taken to repair the leaks within the specified time, failure of that action to successfully repair the leak is not a deviation. However, if the repairs are unsuccessful, a leak is detected and you must take further action as required by applicable provisions of this paragraph (a)(6).

(ii)
The following types of equipment are exempt from the monitoring requirements specified in paragraph (a)(6)(i) of this section if the equipment meets one of the requirements in paragraphs (a)(6)(ii)(A) through (E) of this section.
(A)
Any pump in light liquid service, valve in gas/vapor service or light liquid service, or connector in gas/vapor service or light liquid service that is designated as unsafe-to-monitor if:

(1) You determine that the pump, valve, or connector is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a)(6)(i) of this section; and

(2) You have a written plan that requires monitoring of the pump, valve, or connector as frequently as practical during safe-to-monitor times, but not more frequently than the annual leak detection monitoring.

(B)
Any pump in light liquid service if it meets one of the requirements in § 63.163(e)(1) through (6), (f), or (g). If the pump is located within the boundary of an unmanned plant site then it is exempt from the weekly visual inspection requirement of § 63.163(e)(4), and the daily requirements of § 63.163(e)(5), provided that each pump is visually inspected as often as practicable and at least monthly.
(C)
Any valve in gas/vapor service or light liquid service that is designated as a difficult-to-monitor valve if:

(1) You determine that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface or it is not accessible at anytime in a safe manner;

(2) The CMPU within which the valve is located is an existing source or you designate less than 3 percent of the total number of valves in a new source as difficult-to-monitor; and

(3) You follow a written plan that requires monitoring of the valve as frequently as practical, but not more frequently than the annual leak detection monitoring.

(D)
Any connector in gas/vapor service or light liquid service that is designated as an unsafe-to-repair connector if:

(1) You determine that repair personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a)(6)(i) of this section; and

(2) The connector will be repaired before the end of the next scheduled CMPU shutdown.

(E)
Any connector in gas/vapor service or light liquid service that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined); however, if any inaccessible or ceramic or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, a first attempt at repair must be made no later than 5 calendar days after the leak is detected. The leak must be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraphs (a)(6)(viii) and (a)(6)(ii)(D) of this section. An inaccessible connector is defined in § 63.11502(b).
(iii)
For compressors, comply with the requirements in § 63.164.
(iv)
For pressure relief devices in gas/vapor service or light liquid service, comply with the requirements in § 63.165(e)(1) through (8), except as specified in paragraphs (a)(6)(iv)(A) through (D) of this section.
(A)
Substitute “violation” with “deviation”.
(B)
Section 63.165(e)(3)(v)(D) does not apply.
(C)
Substitute each occurrence of April 25, 2023 with April 1, 2026.
(D)
Substitute the occurrence of July 15, 2027 with April 1, 2029.
(v)
For sampling connection systems, comply with the requirements in § 63.166.
(vi)
For open-ended valves or lines, comply with the requirements in § 63.167.
(vii)
For pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service, comply with the requirements in § 63.169 except a leak is detected if the instrument reading equals or exceeds 10,000 ppmv for pumps, valves, and connectors instead of the leak definitions specified in § 63.169(b).
(viii)
For delay of repair, comply with the requirements in § 63.171 except the phrase “Except as specified in paragraph (f) of this section,” and § 63.171(f) do not apply.
(ix)
For closed vent systems and control devices, comply with the requirements in § 63.172 except as specified in paragraphs (a)(6)(ix)(A) through (G) of this section.
(A)
Substitute “§ 63.162(b) of this subpart” with “paragraph (a)(6)(xi) of this section”.
(B)
Section 63.172(d) does not apply.
(C)
Flares used to comply with this paragraph (a)(6) must comply with the requirements in subpart SS of this part.
(D)
Substitute “violation” with “deviation”.
(E)
Substitute “For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10)” with “For each affected source as described in § 63.11494(d), beginning no later than the compliance dates specified in § 63.11494(i)”.
(F)
Substitute “After the compliance dates specified in § 63.100 of subpart F of this part” with “After the compliance dates specified in § 63.11494(i)”.
(G)
Substitute “periodic report required by § 63.182(d)” with “semiannual compliance report required by paragraph (a)(6)(xiv) of this section”.
(x)
For agitators in gas/vapor service and in light liquid service, comply with the requirements in § 63.173.
(xi)
You may use the alternative means of emission limitation provided in §§ 63.178 and 63.179. You may also request a determination of alternative means of emission limitation to the requirements in this paragraph (a)(6) as provided in § 63.177. If the Administrator makes a determination that an alternative means of emission limitation is permissible, you must comply with the alternative.
(A)
Substitute “§§ 63.163 through 63.171 and §§ 63.173 through 63.176” and “§ 63.163, through 63.171, and §§ 63.173 and 63.174 of this subpart” with “paragraphs (a)(6)(i) through (viii) and (x) of this section”.
(B)
Substitute “§ 63.181” with “§ 63.11501(c)(9)”.
(C)
Substitute “§ 63.163, §§ 63.168 and 63.169, and §§ 63.173 through 63.176 of this subpart” with “paragraphs (a)(6)(i), (ii), and (vii) through (x) of this section”.
(D)
Substitute “§ 63.180(b) of this subpart” with “paragraph (a)(6)(i)(A) and (B) of this section”.
(E)
Substitute “§§ 63.163 through 63.170, and §§ 63.172 through 63.176 of this subpart” with “paragraphs (a)(6)(i) through (vii), (ix), and (x) of this section”.
(F)
Substitute “§ 63.174 of this subpart” with “paragraph (a)(6)(i) of this section”.
(G)
Section 63.178(c)(3)(iii) and (iv) does not apply.
(H)
Substitute “§ 63.172 of this subpart” with “paragraph (a)(6)(ix) of this section”.
(xii)
Keep records as specified in § 63.11501(c)(9).
(xiii)
Submit the Notification of Compliance Status as specified in § 63.11501(b)(6).
(xiv)
Submit the Semiannual Compliance Report as specified in § 63.11501(d)(9).
(b)
Small heat exchange systems. For each heat exchange system subject to this subpart with a cooling water flow rate less than 8,000 gallons per minute (gal/min) and not meeting one or more of the conditions in § 63.104(a)(1) through (4), you must comply with paragraphs (b)(1) through (4) of this section, or as an alternative, you may comply with any one of the requirements in item 1.a, 1.b, or 1.c of table 8 to this subpart. Beginning on April 1, 2029, for purposes of compliance with this paragraph (b), § 63.104(a)(3) and (4) no longer apply.
(1)
You must develop and operate in accordance with a heat exchange system inspection plan. The plan must describe the inspections to be performed that will provide evidence of hydrocarbons in the cooling water. Among other things, inspections may include checks for visible floating hydrocarbon on the water, hydrocarbon odor, discolored water, and/or chemical addition rates. You must conduct inspections at least once per quarter, even if the previous inspection determined that the indications of a leak did not constitute a leak as defined by § 63.104(b)(6).
(2)
You must perform repairs to eliminate the leak and any indications of a leak or demonstrate that the HAP concentration in the cooling water does not constitute a leak, as defined by § 63.104(b)(6), within 45 calendar days after indications of the leak are identified, or you must document the reason for any delay of repair in your next semiannual compliance report.
(3)
You must keep records of the dates and results of each inspection, documentation of any demonstrations that indications of a leak do not constitute a leak, the dates of leak repairs, and, if applicable, the reasons for any delay in repair.
(4)
Beginning no later than the compliance dates specified in § 63.11494(i), you must not inject water into or dispose of water in the heat exchange system if the water is considered wastewater as defined in § 63.11502.
(c)
Startup, shutdown and malfunction. Startup, shutdown, and malfunction (SSM) provisions in subparts that are referenced in paragraphs (a) and (b) of this section do not apply.
(d)
General duty. At all times, you must operate and maintain any affected CMPU, 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 such operation and maintenance procedures are being used 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 CMPU.
(e)
Bypass provisions. Beginning no later than the compliance dates specified in § 63.11494(i), the use of a bypass line at any time on a closed vent system to divert emissions subject to any of the requirements in §§ 63.11495 through 63.11498 to the atmosphere, or to a control device not meeting the requirements specified in §§ 63.11495 through 63.11498, is an emissions standards deviation. If you are subject to the bypass monitoring requirements of § 63.983(a)(3), then you must continue to comply with the requirements in § 63.983(a)(3) and the recordkeeping and reporting requirements in §§ 63.998(d)(1)(ii) and 63.999(c)(2)(ii) and (iii), except the phrase “Except for equipment needed for safety purposes such as pressure relief devices, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines” in § 63.983(a)(3) does not apply. Instead, the exemptions specified in paragraphs (e)(1) and (2) of this section apply. Owners or operators of closed-vent systems and control devices used to comply with the equipment leak provisions specified in paragraph (a)(6)(ix) of this section are not subject to this paragraph (e).
(1)
Except for pressure relief devices subject to § 63.165(e)(4), equipment such as low leg drains and equipment subject to the requirements specified in paragraph (a)(6) of this section are not subject to this paragraph (e).
(2)
Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (e).
Notes, amendments, and revision history

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75756, Dec. 21, 2012; 91 FR 16523, Apr. 1, 2026]

Source

Source: 74 FR 56041, Oct. 29, 2009, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75756, Dec. 21, 2012; 91 FR 16523, Apr. 1, 2026]

§63.11496. What are the standards and compliance requirements for process vents?

40 C.F.R. § 63.11496

(a)
Organic HAP emissions from batch process vents. You must comply with the requirements in paragraphs (a)(1) through (4) of this section for organic HAP emissions from your batch process vents for each CMPU using Table 1 organic HAP. If uncontrolled organic HAP emissions from all batch process vents from a CMPU subject to this subpart are equal to or greater than 10,000 pounds per year (lb/yr), you must also comply with the emission limits and other requirements in Table 2 to this subpart.
(1)
You must determine the sum of actual organic HAP emissions from all of your batch process vents within a CMPU subject to this subpart using process knowledge, engineering assessment, or test data. Emissions for a standard batch in a process may be used to represent actual emissions from each batch in that process. You must maintain records of the calculations. Calculations of annual emissions are not required if you meet the emission standards for batch process vents in Table 2 to this subpart.
(2)
As an alternative to calculating actual emissions for each affected CMPU at your facility, you may elect to estimate emissions for each CMPU based on the emissions for the worst-case CMPU. The worst-case CMPU means the CMPU at the affected source with the highest organic HAP emissions per batch. The worst-case emissions per batch are used with the number of batches run for other affected CMPU. Process knowledge, engineering assessment, or test data may be used to identify the worst-case process. You must keep records of the information and procedures used to identify the worst-case process.
(3)
If your current estimate is that emissions from batch process vents from a CMPU are less than 10,000 lb/yr, then you must keep a record of the number of batches of each process operated per month. Also, you must reevaluate your total emissions from batch process vents prior to making any process changes that affect emission calculations in paragraphs (a)(1) and (2) of this section. If projected emissions increase to 10,000 lb/yr or more, you must be in compliance with the options for batch process vents in table 2 to this subpart upon initiating operation under the new operating conditions. You must maintain records documenting the results of all updated emissions calculations.
(4)
As an alternative to determining the HAP emissions, you may elect to demonstrate that the amount of organic HAP used in the process is less than 10,000 lb/yr. You must keep monthly records of the organic HAP usage.
(b)
Organic HAP emissions from continuous process vents. You must comply with the requirements in paragraphs (b)(1) through (3) of this section for organic HAP emissions from your continuous process vents for each CMPU subject to this subpart using Table 1 organic HAP. If the total resource-effectiveness (TRE) index value for a continuous process vent is less than or equal to 1.0, you must also comply with the emission limits and other requirements in Table 3 to this subpart.
(1)
You must determine the TRE index value according to the procedures in § 63.115(d), except as specified in paragraphs (b)(1)(i) through (iii) of this section.
(i)
You are not required to calculate the TRE index value if you control emissions in accordance with Table 3 to this subpart.
(ii)
Sections 63.115(d)(1)(i) and (ii) are not applicable for the purposes of this paragraph (b)(1)(ii).
(iii)
You may assume the TRE for a vent stream is >1.0 if the amount of organic HAP emitted in the vent stream is less than 0.1 pound per hour.
(2)
If the current TRE index value is greater than 1, you must recalculate the TRE index value before you make any process or operational change that affects parameters in the calculation. If the recalculated TRE is less than or equal to 1.0, then you must comply with one of the compliance options for continuous process vents in Table 3 to this subpart before operating under the new operating conditions. You must maintain records of all TRE calculations.
(3)
If a recovery device as defined in § 63.11502 is used to maintain the TRE index value at a level greater than 1.0 and less than or equal to 4.0, you must comply with § 63.982(e) and the requirements specified therein.
(c)
Combined streams. If you combine organic HAP emissions from batch process vents and continuous process vents, you must comply with the more stringent standard in Table 2 or Table 3 to this subpart that applies to any portion of the combined stream, or you must comply with Table 2 for the batch process vents and Table 3 for the continuous process vents. The TRE index value for continuous process vents and the annual emissions from batch process vents shall be determined for the individual streams before they are combined, and prior to any control (e.g., by subtracting any emission contributions from storage tanks, continuous process vents or batch process vents, as applicable), in order to determine the most stringent applicable requirements.
(d)
Halogenated streams. You must determine if an emission stream is a halogenated vent stream by calculating the mass emission rate of halogen atoms in accordance with § 63.115(d)(2)(v). Alternatively, you may elect to designate the emission stream as halogenated. If you use a combustion device to comply with the emission limits for organic HAP from a halogenated batch process vent or a halogenated continuous process vent, you must use a halogen reduction device to meet the emission limit in either paragraph (d)(1) or (d)(2) of this section and in accordance with § 63.994 and the requirements referenced therein.
(1)
Reduce overall emissions of hydrogen halide and halogen HAP after the combustion device by greater than or equal to 95 percent, to less than or equal to 0.45 kilograms per hour (kg/hr), or to a concentration less than or equal to 20 parts per million by volume (ppmv).
(2)
Reduce the halogen atom mass emission rate before the combustion device to less than or equal to 0.45 kg/hr or to a concentration less than or equal to 20 ppmv.
(e)
Alternative standard for organic HAP. Exceptions to the requirements for the alternative standard requirements specified in Tables 2 and 3 to this subpart and § 63.2505 are specified in paragraphs (e)(1) through (6) of this section.
(1)
When § 63.2505 of subpart FFFF refers to Tables 1 and 2 to subpart FFFF and §§ 63.2455 and 63.2460, it means Tables 2 and 3 to this subpart and § 63.11496(a) and (b).
(2)
Sections 63.2505(a)(2) and (b)(9) do not apply.
(3)
When § 63.2505(b) references § 63.2445 it means § 63.11494(f) through (h).
(4)
The requirements for hydrogen halide and halogen HAP apply only to hydrogen halide and halogen HAP generated in a combustion device that is used to comply with the alternative standard.
(5)
When § 63.1258(b)(5)(ii)(B)(2) refers to a “notification of process change” report, it means the semi-annual compliance report required by § 63.11501(d) for the purposes of this subpart.
(6)
Except as specified in paragraphs (e)(6)(i) through (iii) of this section, the CEMS requirements and data reduction requirements for CEMS specified in § 63.2450(j) apply.
(i)
Substitute April 1, 2026” for “August 12, 2020” in § 63.2450(j)(1).
(ii)
Section 63.2450(j)(3) does not apply. Instead, you must conduct a performance evaluation of each CEMS according to the requirements in § 63.8 and according to the applicable Performance Specification of 40 CFR part 60, appendix B, except that the schedule in § 63.8(e)(4) does not apply, and before January 22, 2025, the results of the performance evaluation must be included in the notification of compliance status report. Beginning on and after January 22, 2025, the results of the performance evaluation must be submitted in accordance with § 63.2520(g).
(iii)
Substitute “§ 63.11494(i)” for each occurrence of “§ 63.2445(g)”.
(f)
Emissions from metal HAP process vents. You must comply with the requirements in paragraphs (f)(1) and (2) of this section for metal HAP emissions from each CMPU using Table 1 metal HAP. If the collective uncontrolled metal HAP emissions from all metal HAP process vents from a CMPU are equal to or greater than 400 lb/yr, then you must also comply with the emission limits and other requirements in Table 4 to this subpart and in paragraph (f)(3), (4), or (5) of this section. The requirements of this paragraph (f) do not apply to metal HAP process vents from CMPU containing only metal HAP that are in a liquid solution or other form that will not result in particulate emissions of metal HAP (e.g., metal HAP that is in ingot, paste, slurry, or moist pellet form or other form).
(1)
You must determine the sum of metal HAP emissions from all metal HAP process vents within a CMPU subject to this subpart, except you are not required to determine the annual emissions if you control the metal HAP process vents within a CMPU in accordance with Table 4 to this subpart or if you determine your total metal HAP usage in the process unit is less than 400 lb/yr. To determine the mass emission rate you may use process knowledge, engineering assessment, or test data. You must keep records of the emissions calculations.
(2)
If your current estimate is that total uncontrolled metal HAP emissions from a CMPU subject to this subpart are less than 400 lb/yr, then you must keep records of either the number of batches operated per month (batch vents) or the process operating hours (continuous vents). Also, you must reevaluate your total emissions before you make any process or operational change that affects emissions of metal HAP. If projected emissions increase to 400 lb/yr or more, then you must be in compliance with one of the options for metal HAP process vents in Table 4 to this subpart upon initiating operation under the new operating conditions. You must keep records of all recalculated emissions determinations.
(3)
If you have an existing source subject to the HAP metals emission limits specified in table 4 to this subpart, you must comply with the initial and continuous compliance and monitoring requirements in paragraphs (f)(3)(i) through (iv) of this section. You must keep records of monitoring results to demonstrate continuous compliance.
(i)
You must prepare a monitoring plan containing the information in paragraphs (f)(3)(i)(A) through (E) of this section. The plan must be maintained on-site and be available on request. You must operate and maintain the control device according to a site-specific monitoring plan at all times.
(A)
A description of the device;
(B)
Results of a performance test or engineering assessment conducted in accordance with paragraph (f)(3)(ii) of this section verifying the performance of the device for reducing HAP metals or particulate matter (PM) to the levels required by this subpart;
(C)
Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer's instructions for routine and long-term maintenance) and continuous monitoring system (CMS);
(D)
A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emissions limits; and
(E)
Operating parameter limits based on either monitoring data collected during the performance test or established in the engineering assessment.
(ii)
Except as specified in paragraph (f)(3)(iv) of this section, you must conduct a performance test or an engineering assessment for each CMPU subject to a HAP metals emissions limit in table 4 to this subpart and on or before June 1, 2026 report the results in your Notification of Compliance Status (NOCS), after June 1, 2026 include a summary of results of a performance test submitted according to paragraph (g)(1)(iv) of this section and the results of an engineering assessment in your NOCS. If the performance test was not submitted according to paragraph (g)(1)(iv) of this section, submit the complete report with the NOCS. Each performance test or engineering assessment must be conducted under representative operating conditions, and sampling for each performance test must be conducted at both the inlet and outlet of the control device. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. You shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. If you own or operate an existing affected source, you are not required to conduct the initial performance test if a prior performance test was conducted within the 5 years prior to the effective date using the same methods specified in paragraph (f)(3)(iii) of this section, and, either no process changes have been made since the test, or, if you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.
(iii)
Except as specified in paragraph (f)(3)(iv) of this section, if you elect to conduct a performance test, it must be conducted according to requirements in § 63.11410(j)(1). As an alternative to conducting a performance test using Method 5 or 5D to determine the concentration of PM, you may use Method 29 of 40 CFR part 60, appendix A-8 of this chapter to determine the concentration of HAP metals. ASTM D6784-24 (incorporated by reference, see § 63.14) may also be used in lieu of Method 29, if the target compound is mercury and concentrations are approximately 0.5 to 100 micrograms per cubic meter. You have demonstrated compliance if the overall reduction of either HAP metals or total PM is equal to or greater than 95 percent.
(iv)
Beginning on the compliance dates specified in § 63.11494(i), the option to use an engineering assessment (as specified in paragraph (f)(3)(ii) of this section for determining compliance with a HAP metals emissions limit in table 4 to this subpart) no longer applies. Instead, you must comply with the performance test requirements in paragraphs (f)(3)(ii) and (iii) of this section. If a performance test has never been conducted, conduct an initial performance test no later than the compliance dates specified in § 63.11494(i) or within 180 days after startup of the source, whichever is later. Begin conducting subsequent performance tests no later than the compliance dates specified in § 63.11494(i) or 60 calendar months after the previous performance test, whichever is later.
(4)
If you have a new source using a baghouse as a control device, you must install, operate, and maintain a bag leak detection system on all baghouses used to comply with the HAP metals emissions limit in table 4 to this subpart. You must comply with the testing, monitoring, and recordkeeping requirements in § 63.11410(g), (i), and (j)(1), except you are not required to submit the monitoring plan required by § 63.11410(g)(2) for approval. If a performance test has never been conducted, conduct an initial performance test no later than the compliance dates specified in § 63.11494(i) or within 180 days after startup of the source, whichever is later. Begin conducting subsequent performance tests no later than the compliance dates specified in § 63.11494(i) or 60 calendar months after the previous performance test, whichever is later.
(5)
If you have a new source using a control device other than a baghouse to comply with the HAP metals emission limits in table 4 to this subpart, you must comply with the initial and continuous compliance and monitoring requirements in paragraphs (f)(3)(i) through (iv) of this section.
(g)
Exceptions and alternatives to 40 CFR part 63, subpart SS. If you are complying with the emission limits and other requirements for continuous process vents in Table 3 to this subpart, the provisions in paragraphs (g)(1) through (7) and (9) of this section apply in addition to the provisions in 40 CFR part 63, subpart SS. If you are complying with the emission limits and other requirements for batch process vents in Table 2 to this subpart, the provisions in paragraphs (g)(1) through (8) of this section apply in addition to the provisions in subpart SS.
(1)
Requirements for performance tests.
(i)
If you are complying with a percent reduction, mass emission limit, or outlet concentration performance standard in table 2 to this subpart for batch process vents or in table 3 to this subpart for continuous process vents, then the requirements specified in paragraphs (g)(1)(ii) through (iv) of this section and in § 63.2450(g)(1) through (4) apply instead of, or in addition to, the requirements specified in subpart SS of this part.
(ii)
Upon request, you shall make available to the Administrator, such records as may be necessary to determine the conditions of performance tests.
(iii)
If a performance test has never been conducted, conduct an initial performance test no later than 180 days after the compliance dates specified in § 63.11494(i). Begin conducting subsequent performance tests no later than 180 days after the compliance dates specified in § 63.11494(i) or 60 calendar months after the previous performance test, whichever is later. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator may not conduct performance tests during periods of malfunction.
(iv)
Beginning on June 1, 2026 within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedure specified in § 63.9(k). Submit the data in a file format generated using the EPA's Electronic Reporting Tool (ERT). Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) accompanied by the other information required by § 63.7(g)(2) in PDF format.
(2)
Design evaluation.
(i)
Except as specified in paragraph (g)(2)(ii) of this section, to determine initial compliance with a percent reduction or outlet concentration emission limit, you may elect to conduct a design evaluation as specified in § 63.1257(a)(1) instead of a performance test as specified in subpart SS of this part. You must establish the value(s) and basis for the operating limits as part of the design evaluation. For continuous process vents, the design evaluation must be conducted at maximum representative operating conditions for the process, unless the Administrator specifies or approves alternate operating conditions. For batch process vents, the design evaluation must be conducted under worst-case conditions, as specified in § 63.2460(c)(2).
(ii)
Beginning on the compliance dates specified in § 63.11494(i), paragraph (g)(2)(i) of this section does not apply. Instead, the owner or operator must comply with the performance test requirements in paragraph (g)(1) of this section.
(3)
Outlet concentration correction for combustion devices. When § 63.997(e)(2)(iii)(C) requires you to correct the measured concentration at the outlet of a combustion device to 3 percent oxygen if you add supplemental combustion air, the requirements in either paragraph (g)(3)(i) or (ii) of this section apply for the purposes of this subpart.
(i)
You must correct the concentration in the gas stream at the outlet of the combustion device to 3 percent oxygen if you add supplemental gases, as defined in § 63.2550, to the vent stream, or;
(ii)
You must correct the measured concentration for supplemental gases using equation 1 to § 63.2460(e)(6); you may use process knowledge and representative operating data to determine the fraction of the total flow due to supplemental gas.
(4)
Continuous parameter monitoring. The provisions in § 63.2450(k)(1) through (7) apply in addition to the requirements for continuous parameter monitoring systems (CPMS) in subpart SS of this part, except as specified in paragraphs (g)(4)(i) through (iii) of this section.
(i)
You may measure pH or caustic strength of the scrubber effluent at least once per day for any halogen scrubber within a CMPU subject this section.
(ii)
The requirements in § 63.2450(k)(6) to request approval of a procedure to monitor operating parameters does not apply for the purposes of this subpart. You must provide the required information in your NOCS report required by § 63.11501(b).
(iii)
In § 63.2450(k)(7), substitute “§ 63.11494(i)” for “§ 63.2445(g)”.
(5)
[Reserved]
(6)
Excused excursions. Excused excursions, as defined in subpart SS of this part 63, are not allowed.
(7)
Energetics and organic peroxides. If an emission stream contains energetics or organic peroxides that, for safety reasons, cannot meet an applicable emission limit specified in this subpart, then you must submit an application to the Administrator explaining why an undue safety hazard would be created if the air emission controls were installed, and you must describe the procedures that you will implement to minimize HAP emissions from these vent streams in lieu of the emission limitations in this section.
(8)
Additional requirements for batch process vents. The provisions specified in § 63.2460(c) apply in addition to the provisions in subpart SS of this part 63, except as specified in paragraphs (g)(8)(i) through (iii) of this section.
(i)
References to emission limits in Table 2 to subpart FFFF mean the emission limits in Table 2 to this subpart.
(ii)
References to MCPU mean CMPU for purposes of this subpart.
(iii)
Section 63.2460(c)(8) does not apply for the purposes of this subpart.
(9)
Parameter monitoring averaging periods. Daily averages required in § 63.998(b)(3) apply at all times except during startup and shutdown. Separate averages shall be determined for each period of startup and period of shutdown.
(h)
Surge control vessels and bottoms receivers. For each surge control vessel and bottoms receiver that meets the applicability criteria for storage tanks specified in Table 5 to this subpart, you must meet the emission limits and control requirements specified in Table 5 to this subpart.
(i)
Startup, shutdown, and malfunction (SSM). References to SSM provisions in subparts that are referenced in paragraphs (a) through (h) of this section or Tables 2 through 5 to this subpart do not apply.
Notes, amendments, and revision history

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012; 91 FR 16525, Apr. 1, 2026]

Source

Source: 74 FR 56041, Oct. 29, 2009, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012; 91 FR 16525, Apr. 1, 2026]

§63.11497. What are the standards and compliance requirements for storage tanks?

40 C.F.R. § 63.11497

(a)
Organic HAP emissions from storage tanks. You must comply with the emission limits and other requirements in table 5 to this subpart and in paragraphs (b) through (f) of this section for organic HAP emissions from each of your storage tanks that meet the applicability criteria in table 5 to this subpart.
(b)
Planned routine maintenance for a control device. Operate in accordance with paragraphs (b)(1) through (3) of this section for periods of planned routine maintenance of a control device for storage tanks.
(1)
Add no material to the storage tank during periods of planned routine maintenance.
(2)
Limit periods of planned routine maintenance for each control device (or series of control devices) to no more than 240 hours per year (hr/yr), or submit an application to the Administrator requesting an extension of this time limit to a total of 360 hr/yr. The application must explain why the extension is needed and it must be submitted at least 60 days before the 240-hour limit will be exceeded.
(3)
Keep records of the day and time at which planned routine maintenance periods begin and end, and keep a record of the type of maintenance performed.
(c)
SSM provisions. References to SSM provisions in subparts that are referenced in paragraphs (a) or (b) of this section or table 5 to this subpart do not apply.
(d)
Combustion of halogenated streams. If you use a combustion device to comply with the emission limits for organic HAP from a halogenated vent stream from a storage tank, you must reduce emissions in accordance with § 63.11496(d) and the requirements referenced therein.
(e)
Pressure vessels. If you are required to comply with this paragraph (e) as specified in item 5 of table 5 to this subpart (for each pressure vessel with a design capacity greater than or equal to 20,000 gallons), you must operate and maintain the pressure vessel, as specified in paragraphs (e)(1) through (5) of this section.
(1)
The pressure vessel must be designed to operate with no detectable emissions at all times.
(2)
Except for equipment that meet the criteria specified in § 63.11495(a)(6)(ii)(A) (for valves, connectors, and pumps in gas/vapor service and in light liquid service that are unsafe to monitor), § 63.11495(a)(6)(ii)(C) (for valves in gas/vapor service and in light liquid service that are difficult-to-monitor), and § 63.11495(a)(6)(ii)(E) (for connectors in gas/vapor service and in light liquid service that are inaccessible or ceramic or ceramic-lined), you must monitor each point on the pressure vessel through which organic HAP could potentially be emitted by conducting initial and annual performance tests using Method 21 of appendix A-7 to part 60 of this chapter.
(3)
Each instrument reading greater than 500 ppmv is a deviation.
(4)
Estimate the flow rate and total regulated material emissions from the defect. Assume the pressure vessel has been emitting for half of the time since the last performance test, unless other information supports a different assumption.
(5)
Whenever organic HAP are in the pressure vessel, you must operate the pressure vessel as a closed system that vents through a closed vent system to either a control device (other than a flare) in accordance with § 63.982(c); or a flare in accordance with § 63.982(b). For purposes of compliance with this paragraph, a release of organic HAP through a pressure vessel's pressure relief device to the atmosphere is a deviation.
(f)
Exceptions and alternatives to subpart SS of this part. If you are complying with a percent reduction, mass emission limit, or outlet concertation performance standard in table 5 to this subpart for storage tanks, then the provisions in paragraphs (f)(1) and (2) of this section apply in addition to the provisions in subpart SS of this part.
(1)
Requirements for performance tests.
(i)
The requirements specified in paragraphs (f)(1)(ii) through (iv) of this section apply instead of, or in addition to, the requirements specified in subpart SS of this part.
(ii)
Upon request, you shall make available to the Administrator, such records as may be necessary to determine the conditions of performance tests.
(iii)
If a performance test has never been conducted, conduct an initial performance test no later than 180 days after the compliance dates specified in § 63.11494(i). Begin conducting subsequent performance tests no later than 180 days after the compliance dates specified in § 63.11494(i) or 60 calendar months after the previous performance test, whichever is later. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production.
(iv)
Beginning on June 1, 2026, within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedure specified in § 63.9(k). Submit the data in a file format generated using the EPA's Electronic Reporting Tool (ERT). Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) accompanied by the other information required by § 63.7(g)(2) in PDF format.
(2)
Design evaluation. Beginning on the compliance dates specified in § 63.11494(i), the option to use a design evaluation to demonstrate compliance in § 63.985(b)(1)(i) does not apply. Instead, the owner or operator must comply with the performance test requirements in § 63.985(b)(1)(ii) and paragraph (f)(1) of this section.
Notes, amendments, and revision history

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012; 91 FR 16527, Apr. 1, 2026]

Source

Source: 74 FR 56041, Oct. 29, 2009, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012; 91 FR 16527, Apr. 1, 2026]

§63.11498. What are the standards and compliance requirements for wastewater systems?

40 C.F.R. § 63.11498

(a)
You must comply with the requirements in paragraph (a)(1) and (2) of this section and in table 6, item 1 to this subpart for all wastewater streams from a CMPU subject to this subpart. If the partially soluble HAP concentration in a wastewater stream is equal to or greater than 10,000 ppmw and the wastewater stream contains a separate organic phase, then you must also comply with table 6, item 2 to this subpart for that wastewater stream. Partially soluble HAP are listed in table 7 to this subpart.
(1)
Except as specified in paragraph (a)(2) of this section, you must determine the total concentration of partially soluble HAP in each wastewater stream using process knowledge, engineering assessment, or test data. Also, you must reevaluate the concentration of partially soluble HAP if you make any process or operational change that affects the concentration of partially soluble HAP in a wastewater stream.
(2)
You are not required to determine the partially soluble concentration in wastewater that is hard piped to a combustion unit or hazardous waste treatment unit, as specified in Table 6, Item 2.b to this subpart.
(3)
Separated organic material that is recycled to a process is no longer wastewater and no longer subject to the wastewater requirements after it has been recycled.
(b)
References to SSM provisions in subparts that are referenced in paragraph (a) of this section or table 6 to this subpart do not apply.
Notes, amendments, and revision history

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012; 91 FR 16528, Apr. 1, 2026]

Source

Source: 74 FR 56041, Oct. 29, 2009, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012; 91 FR 16528, Apr. 1, 2026]