---
kind: "range"
citation: "40 C.F.R. §§ 63.1432–63.1436"
title: "40"
from: "63.1432"
to: "63.1436"
count: 5
url: "https://uscodex.org/cfr/40/63.1432..63.1436"
---

# §63.1432. Storage vessel provisions.

- (a) For each storage vessel located at an affected source, the owner or operator shall comply with the HON storage vessel requirements of [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md) and the HON leak inspection provisions in [§ 63.148](/cfr/40/63.148.md), with the differences noted in [paragraphs (b) through (q)](#b..q) of this section and, beginning March 18, 2026, [paragraphs (r) through (w)](#r..w) of this section, for the purposes of this subpart.
- (b) When the term “storage vessel” is used in the HON storage vessel requirements in [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md), the definition of this term in [§ 63.1423](/cfr/40/63.1423.md) shall apply for the purposes of this subpart.
- (c) When the term “Group 1 storage vessel” is used in the HON storage vessel requirements in [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md), the definition of this term in [§ 63.1423](/cfr/40/63.1423.md) shall apply for the purposes of this subpart.
- (d) When the term “Group 2 storage vessel” is used in the HON storage vessel requirements in [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md), the definition of this term in [§ 63.1423](/cfr/40/63.1423.md) shall apply for the purposes of this subpart.
- (e) When the HON storage vessel requirements in [§ 63.119](/cfr/40/63.119.md) refer to “December 31, 1992,” the phrase “September 4, 1997” shall apply instead, for the purposes of this subpart.
- (f) When the HON storage vessel requirements in [§ 63.119](/cfr/40/63.119.md) refer to “April 22, 1994,” the phrase “June 1, 1999,” shall apply instead, for the purposes of this subpart.
- (g) The owner or operator of an affected source shall comply with this paragraph instead of [§ 63.120(d)(1)(ii)](/cfr/40/63.120.md?p=d-1-ii) for the purposes of this subpart. If the combustion, recovery, or recapture device used to comply with [§ 63.119(e)](/cfr/40/63.119.md?p=e) is also used to comply with any of the requirements found in [§§ 63.1425 through 63.1431](/cfr/40/63.1425..63.1431.md) and/or [§ 63.1433](/cfr/40/63.1433.md), the performance test required in or accepted by [§§ 63.1425 through 63.1431](/cfr/40/63.1425..63.1431.md) and/or [§ 63.1433](/cfr/40/63.1433.md) is acceptable for demonstrating compliance with the HON storage vessel requirements in [§ 63.119(e)](/cfr/40/63.119.md?p=e), for the purposes of this subpart. The owner or operator will not be required to prepare a design evaluation for the combustion, recovery, or recapture device as described in [§ 63.120(d)(1)(i)](/cfr/40/63.120.md?p=d-1-i), if the performance test meets the criteria specified in paragraphs [(g)(1)](#g-1) and [(2)](#g-2) of this section.
  - (1) The performance test demonstrates that the combustion, recovery, or recapture device achieves greater than or equal to the required control efficiency specified in the HON storage vessel requirements in § [63.119(e)(1)](/cfr/40/63.119.md?p=e-1) or [(2)](/cfr/40/63.119.md?p=e-2), as applicable; and
  - (2) The performance test is submitted as part of the Notification of Compliance Status required by [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5).
- (h) When the HON storage vessel requirements in §§ [63.120(d)(3)(i)](/cfr/40/63.120.md?p=d-3-i), [63.120(d)(5)](/cfr/40/63.120.md?p=d-5), and [63.122(g)(2)](/cfr/40/63.122.md?p=g-2) use the term “range,” the term “level” shall apply instead for the purposes of this subpart.
- (i) For purposes of this subpart, the monitoring plan required by the HON storage vessel requirements in [§ 63.120(d)(2)](/cfr/40/63.120.md?p=d-2) shall specify for which combustion, recovery, or recapture device the owner or operator has selected to follow the procedures for continuous monitoring specified in [§ 63.1438](/cfr/40/63.1438.md). For the combustion, recovery, or recapture device(s) for which the owner or operator has selected not to follow the procedures for continuous monitoring specified in [§ 63.1438](/cfr/40/63.1438.md), the monitoring plan shall include a description of the parameter(s) to be monitored to ensure that the combustion, recovery, or recapture device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter(s), and the frequency with which monitoring will be performed (e.g., when the liquid level in the storage vessel is being raised), as specified in [§ 63.120(d)(2)(i)](/cfr/40/63.120.md?p=d-2-i).
- (j) For purposes of this subpart, the monitoring plan required by [§ 63.122(b)](/cfr/40/63.122.md?p=b) shall be included in the Notification of Compliance Status required by [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5).
- (k) When the HON Notification of Compliance Status requirements contained in [§ 63.152(b)](/cfr/40/63.152.md?p=b) are referred to in §§ [63.120](/cfr/40/63.120.md), [63.122](/cfr/40/63.122.md), and [63.123](/cfr/40/63.123.md), the Notification of Compliance Status requirements contained in [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5) shall apply for the purposes of this subpart.
- (l) When the HON Periodic Report requirements contained in [§ 63.152(c)](/cfr/40/63.152.md?p=c) are referred to in §§ [63.120](/cfr/40/63.120.md) and [63.122](/cfr/40/63.122.md), the Periodic Report requirements contained in [§ 63.1439(e)(6)](/cfr/40/63.1439.md?p=e-6) shall apply for the purposes of this subpart.
- (m) When other reports as required in [§ 63.152(d)](/cfr/40/63.152.md?p=d) are referred to in [§ 63.122](/cfr/40/63.122.md), the reporting requirements contained in [§ 63.1439(e)(7)](/cfr/40/63.1439.md?p=e-7) shall apply for the purposes of this subpart.
- (n) When the HON Initial Notification requirements contained in [§ 63.151(b)](/cfr/40/63.151.md?p=b) are referred to in [§ 63.119](/cfr/40/63.119.md) through [§ 63.123](/cfr/40/63.123.md), the owner or operator shall comply with the Initial Notification requirements contained in [§ 63.1439(e)(3)](/cfr/40/63.1439.md?p=e-3), for the purposes of this subpart.
- (o) When the determination of equivalence criteria in [§ 63.102(b)](/cfr/40/63.102.md?p=b) are referred to in the HON storage vessel requirements in [§ 63.121(a)](/cfr/40/63.121.md?p=a), the General Provisions' alternative nonopacity emission provisions in [§ 63.6(g)](/cfr/40/63.6.md?p=g) shall apply for the purposes of this subpart.
- (p) The compliance date for storage vessels at affected sources subject to the provisions of this section is specified in [§ 63.1422](/cfr/40/63.1422.md).
- (q) In addition to the records required by [§ 63.123](/cfr/40/63.123.md), the owner or operator of each storage vessel that is complying with [§ 63.119(e)](/cfr/40/63.119.md?p=e) and that has an applicable monitoring plan in accordance with [§ 63.120(d)(2)](/cfr/40/63.120.md?p=d-2) that does not specify continuous monitoring, shall maintain records of all times when the storage tank is being filled (i.e., when the liquid level in the storage vessel is being raised). These records shall consist of documentation of the time when each filling period begins and ends.
- (r) Substitute “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),” for each occurrence of “For each source as defined in [§ 63.101](/cfr/40/63.101.md), beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10),”. Owners and operators of a storage vessel with an internal floating roof subject to § [63.119(b)(5)(ix)](/cfr/40/63.119.md?p=b-5-ix), [(x)](/cfr/40/63.119.md?p=b-5-x), [(xi)](/cfr/40/63.119.md?p=b-5-xi), and [(xii)](/cfr/40/63.119.md?p=b-5-xii) in accordance with this paragraph may install the required upgraded deck fittings and controls for guidepoles the next time the storage vessel is emptied and degassed, or no later than March 18, 2036.
- (s) **For storage vessels in ethylene oxide service—**
  - (1) Substitute “in ethylene oxide service, as defined in [§ 63.101](/cfr/40/63.101.md)” with “in ethylene oxide service, as defined in [§ 63.1423](/cfr/40/63.1423.md)”.
  - (2) Substitute “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),” for each occurrence of “For each source as defined in [§ 63.101](/cfr/40/63.101.md), beginning no later than the compliance dates specified in [§ 63.100(k)(11)](/cfr/40/63.100.md?p=k-11),”.
  - (3) To demonstrate compliance for storage vessels in ethylene oxide service, as defined in [§ 63.1423](/cfr/40/63.1423.md), and establish the parameter monitoring level(s), owners or operators shall meet the requirements in [§ 63.124](/cfr/40/63.124.md) (in addition to the HON storage vessel requirements specified in this section), except as specified in paragraphs [(s)(3)(i)](#s-3-i) and [(ii)](#s-3-ii) of this section.
    - (i) Substitute “[§ 63.100(k)(11)](/cfr/40/63.100.md?p=k-11)” with “[§ 63.1422(h)](/cfr/40/63.1422.md?p=h)”.
    - (ii) Substitute “[§ 63.108](/cfr/40/63.108.md)” with “[§ 63.1436](/cfr/40/63.1436.md)”.
- (t) Substitute “[§ 63.1420(h)(4)](/cfr/40/63.1420.md?p=h-4)” for each occurrence of “[§ 63.102(f)](/cfr/40/63.102.md?p=f) of [subpart F](/cfr/40/subpartF.md) of this part”.
- (u) Substitute “[§ 63.1436](/cfr/40/63.1436.md)” for each occurrence of “[§ 63.108](/cfr/40/63.108.md)”.
- (v) The phrase “, and PRDs in ethylene oxide service,” in [§ 63.119(a)(7)(ii)](/cfr/40/63.119.md?p=a-7-ii) does not apply for purposes of this subpart.
- (w) [Section 63.119(b)(7)](/cfr/40/63.119.md?p=b-7) does not apply.

# §63.1433. Wastewater provisions.

- (a) **Process wastewater.** Except as specified in [paragraph (c)](#c) of this section, the owner or operator of each affected source shall comply with the HON wastewater requirements in [§§ 63.132 through 63.147](/cfr/40/63.132..63.147.md) for each process wastewater stream originating at an affected source, with the HON leak inspection requirements in [§ 63.148](/cfr/40/63.148.md), and with the HON requirements in [§ 63.149](/cfr/40/63.149.md) for equipment that is subject to [§ 63.149](/cfr/40/63.149.md), with the differences noted in [paragraphs (a)(1) through (20)](#a-1..a-20) of this section and, beginning March 18, 2026, [paragraphs (a)(21) through (26)](#a-21..a-26) of this section. Further, the owner or operator of each affected source shall comply with the requirements of [§ 63.105(a)](/cfr/40/63.105.md?p=a) for maintenance wastewater, as specified in [paragraph (b)](#b) of this section.
  - (1) Owners and operators of affected sources are not required to comply with the HON new source wastewater requirements in § [63.132(b)(1)](/cfr/40/63.132.md?p=b-1) and [(d)](/cfr/40/63.132.md?p=b-d) for the purposes of this subpart. Owners or operators of all new affected sources, as defined in this subpart, shall comply with the HON requirements for existing sources in [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md), with the exceptions noted in [paragraphs (a)(2) through (26)](#a-2..a-26) of this section.
  - (2) The provisions of paragraphs [(a)(2)(i)](#a-2-i), [(ii)](#a-2-ii), and (a)(10)(iii) of this section clarify the organic HAP that an owner or operator shall consider when complying with the requirements of [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md).
    - (i) Owners and operators are exempt from all requirements in [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md) that pertain solely and exclusively to organic HAP listed on Table 8 of [40 CFR part 63](/cfr/40/part63.md), subpart G.
    - (ii) When the HON requirements in [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md) refer to Table 9 compounds, the owner or operator is only required to consider compounds that meet the definition of organic HAP in [§ 63.1423](/cfr/40/63.1423.md) and that are listed in Table 9 of [40 CFR part 63](/cfr/40/part63.md), [subpart G](/cfr/40/subpartG.md), for the purposes of this subpart.
    - (iii) When [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md) refer to compounds in Table 36 of [40 CFR part 63](/cfr/40/part63.md), [subpart G](/cfr/40/subpartG.md), or compounds in List 1 or List 2 of Table 36 of [40 CFR part 63](/cfr/40/part63.md), [subpart G](/cfr/40/subpartG.md), the owner or operator is only required to consider compounds that meet the definition of organic HAP in [§ 63.1423](/cfr/40/63.1423.md) and that are listed on Table 36 of [40 CFR part 63](/cfr/40/part63.md), [subpart G](/cfr/40/subpartG.md), for the purposes of this subpart.
  - (3) When the determination of equivalence criteria in [§ 63.102(b)](/cfr/40/63.102.md?p=b) is referred to in §§ [63.132](/cfr/40/63.132.md), [63.133](/cfr/40/63.133.md), and [63.137](/cfr/40/63.137.md), the General Provisions' alternative nonopacity emission standard provisions in [§ 63.6(g)](/cfr/40/63.6.md?p=g) shall apply for the purposes of this subpart.
  - (4) When the HON storage vessel requirements contained in [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md) are referred to in [§§ 63.132 through 63.148](/cfr/40/63.132..63.148.md), the HON storage vessel requirements in [§§ 63.119 through 63.123](/cfr/40/63.119..63.123.md) are applicable, with the exception of the differences referred to in the storage vessel requirements in [§ 63.1432](/cfr/40/63.1432.md), for the purposes of this subpart.
  - (5) When the HON process wastewater reporting requirements in [§ 63.146(a)](/cfr/40/63.146.md?p=a) require the submission of a request for approval to monitor alternative parameters according to the procedures specified in § [63.151(f)](/cfr/40/63.151.md?p=f) or [(g)](/cfr/40/63.151.md?p=g), the owner or operator requesting to monitor alternative parameters shall follow the procedures specified in [§ 63.1439(f)](/cfr/40/63.1439.md?p=f) for the purposes of this subpart.
  - (6) When the HON process wastewater recordkeeping requirements in [§ 63.147(d)](/cfr/40/63.147.md?p=d) require the owner or operator to keep records of the daily average value of each continuously monitored parameter for each operating day as specified in the HON recordkeeping provisions in [§ 63.152(f)](/cfr/40/63.152.md?p=f), the owner or operator shall instead keep records of the daily average value of each continuously monitored parameter as specified in [§ 63.1439(d)](/cfr/40/63.1439.md?p=d), for the purposes of this subpart.
  - (7) When [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md) refer to an “existing source,” the term existing affected source, as defined in [§ 63.1420(a)(2)](/cfr/40/63.1420.md?p=a-2), shall apply for the purposes of this subpart.
  - (8) When the HON requirements in [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md) refer to a “new source,” the term new affected source, as defined in [§ 63.1420(a)(3)](/cfr/40/63.1420.md?p=a-3), shall apply for the purposes of this subpart.
  - (9) When the HON process wastewater provisions in § [63.132 (a)](/cfr/40/63.132.md?p=a) and [(b)](/cfr/40/63.132.md?p=b) refer to the “applicable dates specified in [§ 63.100](/cfr/40/63.100.md) of [subpart F](/cfr/40/subpartF.md) of this part,” the applicable compliance dates specified in [§ 63.1422](/cfr/40/63.1422.md) shall apply, for the purposes of this subpart.
  - (10) Whenever the HON process wastewater provisions in [§§ 63.132 through 63.147](/cfr/40/63.132..63.147.md) refer to a Group 1 wastewater stream or a Group 2 wastewater stream, the definitions of these terms contained in [§ 63.1423](/cfr/40/63.1423.md) shall apply, for the purposes of this subpart.
  - (11) When the HON control requirements for certain liquid streams in open systems, in [§ 63.149(d)](/cfr/40/63.149.md?p=d), refer to “[§ 63.100(f)](/cfr/40/63.100.md?p=f) of [subpart F](/cfr/40/subpartF.md),” the phrase “[§ 63.1420(c)](/cfr/40/63.1420.md?p=c),” shall apply for the purposes of this subpart. In addition, where [§ 63.149(d)](/cfr/40/63.149.md?p=d) states “and the item of equipment is not otherwise exempt from controls by the provisions of subparts [A](/cfr/40/subpartA.md), [F](/cfr/40/subpartF.md), G, or H of this part,” the phrase “and the item of equipment is not otherwise exempt from controls by the provisions of subparts [A](/cfr/40/subpartA.md), [F](/cfr/40/subpartF.md), G, H, or PPP of this part,” shall apply for the purposes of this subpart.
  - (12) When the HON control requirements for certain liquid streams in open systems, in [§ 63.149(e)](/cfr/40/63.149.md?p=e) (1) and (2), refer to “a chemical manufacturing process unit subject to the new source requirements of [40 CFR 63.100(l)](/cfr/40/63.100.md?p=l) (1) or (2),” the phrase “a new affected source as described in [§ 63.1420(a)(4)](/cfr/40/63.1420.md?p=a-4),” shall apply for the purposes of this subpart.
  - (13) When the HON Notification of Compliance Status requirements contained in [§ 63.152(b)](/cfr/40/63.152.md?p=b) are referred to in the HON process wastewater provisions in [§ 63.138](/cfr/40/63.138.md) or [§ 63.146](/cfr/40/63.146.md), the Notification of Compliance Status requirements contained in [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5) shall apply for the purposes of this subpart. In addition, when the HON process wastewater provisions in [§ 63.138](/cfr/40/63.138.md) or [§ 63.146](/cfr/40/63.146.md) require that information be reported according to [§ 63.152(b)](/cfr/40/63.152.md?p=b) in the HON Notification of Compliance Status, owners or operators of affected sources shall report the specified information in the Notification of Compliance Status required by [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5), for the purposes of this subpart.
  - (14) When the HON Periodic Report requirements contained in [§ 63.152(c)](/cfr/40/63.152.md?p=c) are referred to in the HON process wastewater provisions in [§ 63.146](/cfr/40/63.146.md), the Periodic Report requirements contained in [§ 63.1439(e)(6)](/cfr/40/63.1439.md?p=e-6) shall apply for the purposes of this subpart. In addition, when [§ 63.146](/cfr/40/63.146.md) requires that information be reported in the HON Periodic Reports required in [§ 63.152(c)](/cfr/40/63.152.md?p=c), owners or operators of affected sources shall report the specified information in the Periodic Reports required in [§ 63.1439(e)(6)](/cfr/40/63.1439.md?p=e-6), for the purposes of this subpart.
  - (15) When the term “range” is used in the HON requirements in [§§ 63.132 through 63.149](/cfr/40/63.132..63.149.md), the term “level” shall be used instead, for the purposes of this subpart. This level shall be determined using the procedures specified in parameter monitoring procedures in [§ 63.1438](/cfr/40/63.1438.md).
  - (16) When the HON process wastewater monitoring and inspection provisions in [§ 63.143(f)](/cfr/40/63.143.md?p=f) specify that the owner or operator shall establish the range that indicates proper operation of the treatment process or control technique, the owner or operator shall instead comply with the requirements § [63.1438 (c)](/cfr/40/63.1438.md?p=c) or [(d)](/cfr/40/63.1438.md?p=d) for establishing parameter level maximums/minimums, for the purposes of this subpart.
  - (17) When the HON process wastewater provisions in [§ 63.146(b)](/cfr/40/63.146.md?p=b) (7) and (8) require that “the information on parameter ranges specified in [§ 63.152(b)(2)](/cfr/40/63.152.md?p=b-2)” be reported in the HON Notification of Compliance Status, owners and operators of affected sources are instead required to report the information on parameter levels in the Notification of Compliance Status as specified in [§ 63.1439(e)(5)(ii)](/cfr/40/63.1439.md?p=e-5-ii), for the purposes of this subpart.
  - (18) For the purposes of this subpart, the owner or operator is not required to comply with the HON process wastewater emission reduction provisions in [§ 63.138(g)](/cfr/40/63.138.md?p=g).
  - (19) When the provisions of HON process wastewater provisions in [§ 63.139(c)(1)(ii)](/cfr/40/63.139.md?p=c-1-ii), [§ 63.145(d)(4)](/cfr/40/63.145.md?p=d-4), or [§ 63.145(i)(2)](/cfr/40/63.145.md?p=i-2) specify that Method 18, [40 CFR part 60](/cfr/40/part60.md), appendix A shall be used, Method 18 or Method 25A, [40 CFR part 60](/cfr/40/part60.md), appendix A may be used for the purposes of this subpart. The use of Method 25A, [40 CFR part 60](/cfr/40/part60.md), appendix A shall comply with [paragraphs (a)(19)](#a-19) (i) and (ii) of this section.
    - (i) The organic HAP used as the calibration gas for Method 25A, [40 CFR part 60](/cfr/40/part60.md), appendix A shall be the single organic HAP representing the largest percent by volume of the emissions.
    - (ii) The use of Method 25A, [40 CFR part 60](/cfr/40/part60.md), appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.
  - (20) The owner or operator of a facility which receives a Group 1 wastewater stream, or a residual removed from a Group 1 wastewater stream, for treatment pursuant to the HON provisions in [§ 63.132(g)](/cfr/40/63.132.md?p=g) is subject to the requirements of [§ 63.132(g)](/cfr/40/63.132.md?p=g), with the differences identified in this section, and is not subject to the NESHAP from off-site waste and recovery operations in [40 CFR part 63](/cfr/40/part63.md), [subpart DD](/cfr/40/subpartDD.md), with respect to the received material.
  - (21) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),”.
  - (22) Substitute “pressure relief devices are subject to the requirements specified in [§ 63.165(e)](/cfr/40/63.165.md?p=e) of [subpart H](/cfr/40/subpartH.md) of this part” with “pressure relief devices are subject to the requirements specified in [§ 63.1434(c)](/cfr/40/63.1434.md?p=c)”.
  - (23) **For wastewater in ethylene oxide service—**
    - (i) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), beginning no later than the compliance dates specified in [§ 63.100(k)(11)](/cfr/40/63.100.md?p=k-11),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),”.
    - (ii) Substitute “in ethylene oxide service, as defined in [§ 63.101](/cfr/40/63.101.md)” with “in ethylene oxide service, as defined in [§ 63.1423](/cfr/40/63.1423.md)”.
    - (iii) § [63.138(b)(3)](/cfr/40/63.138.md?p=b-3) and [(c)(3)](/cfr/40/63.138.md?p=c-3) do not apply. Instead, for each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h), for Group 1 wastewater streams in ethylene oxide service, you must comply with one of the treatment options specified in paragraph [(a)(23)(iii)(A)](#a-23-iii-A), [(B)](#a-23-iii-B), or [(C)](#a-23-iii-C) of this section in addition to the control device requirements specified in [§ 63.138(a)(5)](/cfr/40/63.138.md?p=a-5). Individual wastewater streams may be excluded from this requirement if their combined ethylene oxide load in the wastewater prior to treatment is less than 1.0 megagram per year, provided you comply with [paragraph (a)(23)(iii)(D)](#a-23-iii-D) of this section.
      - (A) Reduce the concentration of ethylene oxide of each wastewater stream, by removal or destruction, to a level less than 1 ppmw. If you choose to comply with this [paragraph (a)(23)(iii)(A)](#a-23-iii-A) of this section, then you must demonstrate compliance using procedures specified in [§ 63.145(b)](/cfr/40/63.145.md?p=b), except the parenthetical sentence at the end of [§ 63.145(b)](/cfr/40/63.145.md?p=b) does not apply, and when “[§ 63.138(b)(1)](/cfr/40/63.138.md?p=b-1) and [§ 63.138(c)(1)](/cfr/40/63.138.md?p=c-1)” are referred to in [§ 63.145(b)](/cfr/40/63.145.md?p=b), it means this [paragraph (a)(23)(iii)(A)](#a-23-iii-A) of this section.
      - (B) Comply with [§ 63.138(d)](/cfr/40/63.138.md?p=d). If you choose to comply with this [paragraph (a)(23)(iii)(B)](#a-23-iii-B) of this section, then neither a design evaluation nor a performance test is required in accordance with [§ 63.145(a)(1)](/cfr/40/63.145.md?p=a-1).
      - (C) Comply with [§ 63.138(e)](/cfr/40/63.138.md?p=e). You may not use a design evaluation as specified in [§ 63.145(a)(2)](/cfr/40/63.145.md?p=a-2) to demonstrate compliance with this [paragraph (a)(23)(iii)(C)](#a-23-iii-C) of this section. Instead, to demonstrate compliance with this [paragraph (a)(23)(iii)(C)](#a-23-iii-C) of this section, you must conduct a performance test as specified in § [63.145(c)](/cfr/40/63.145.md?p=c) or [(d)](/cfr/40/63.145.md?p=d).
      - (D) If you exclude individual wastewater streams from compliance with [paragraph (a)(23)(iii)](#a-23-iii) of this section based on combined ethylene oxide load prior to treatment, then you must conduct annual sampling of each wastewater stream using the procedures specified in §§ [63.144(b)(5)(i)(I)](/cfr/40/63.144.md?p=b-5-i-I) and [63.145(b)](/cfr/40/63.145.md?p=b), except the parenthetical sentence at the end of [§ 63.145(b)](/cfr/40/63.145.md?p=b) does not apply and when “[§ 63.138(b)(1)](/cfr/40/63.138.md?p=b-1) and [§ 63.138(c)(1)](/cfr/40/63.138.md?p=c-1)” are referred to in [§ 63.145(b)](/cfr/40/63.145.md?p=b), it means this [paragraph (a)(23)(iii)(D)](#a-23-iii-D) of this section.
  - (24) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a),”.
  - (25) Substitute “[§ 63.108](/cfr/40/63.108.md)” with “[§ 63.1436](/cfr/40/63.1436.md)”.
  - (26) Substitute “Except for pressure relief devices subject to [§ 63.165(e)(4)](/cfr/40/63.165.md?p=e-4),” with “Except for pressure relief devices subject to [§ 63.1434(c)](/cfr/40/63.1434.md?p=c),”.
- (b) **Maintenance wastewater.** The owner or operator of each affected source shall comply with the HON maintenance wastewater requirements in [§ 63.105](/cfr/40/63.105.md), with the exceptions noted in [paragraphs (b)](#b) (1), (2), and (3) of this section.
  - (1) When the HON maintenance wastewater provisions in [§ 63.105(a)](/cfr/40/63.105.md?p=a) refer to “organic HAPs listed in Table 9 of [subpart G](/cfr/40/subpartG.md) of this part,” the owner or operator is only required to consider compounds that meet the definition of organic HAP in [§ 63.1423](/cfr/40/63.1423.md) and that are listed in Table 9 of [40 CFR part 63](/cfr/40/part63.md), [subpart G](/cfr/40/subpartG.md), for the purposes of this subpart.
  - (2) When the term “maintenance wastewater” is used in the HON maintenance wastewater provisions in [§ 63.105](/cfr/40/63.105.md), the definition of “maintenance wastewater” in [§ 63.1423](/cfr/40/63.1423.md) shall apply, for the purposes of this subpart.
  - (3) When the term “wastewater” is used in the HON maintenance wastewater provisions in [§ 63.105](/cfr/40/63.105.md), the definition of “wastewater” in [§ 63.1423](/cfr/40/63.1423.md) shall apply, for the purposes of this subpart.
- (c) **Compliance date.** The compliance date for the affected source subject to the provisions of this section is specified in [§ 63.1422](/cfr/40/63.1422.md).

# §63.1434. Equipment leak and transfer rack provisions.

- (a) The owner or operator of each affected source shall comply with the HON equipment leak requirements in [40 CFR part 63](/cfr/40/part63.md), [subpart H](/cfr/40/subpartH.md) for all equipment in organic HAP service, except §§ [63.165](/cfr/40/63.165.md) and [63.184](/cfr/40/63.184.md), any recordkeeping and reporting related to §§ [63.165](/cfr/40/63.165.md) and [63.184](/cfr/40/63.184.md), as specified in [paragraphs (b) through (h)](#b..h) of this section, and beginning March 18, 2026, as specified in [paragraphs (a)(1) through (7)](#a-1..a-7) of this section.
  - (1) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), and for each source as defined in [§ 63.191](/cfr/40/63.191.md), on and after July 15, 2027,” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), on and after March 18, 2029,”.
  - (2) Except as specified in [paragraph (a)(7)](#a-7) of this section, substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), and for each source as defined in [§ 63.191](/cfr/40/63.191.md), beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),”.
  - (3) **For equipment in ethylene oxide service—**
    - (i) Substitute “in ethylene oxide service, as defined in [§ 63.101](/cfr/40/63.101.md)” with “in ethylene oxide service, as defined in [§ 63.1423](/cfr/40/63.1423.md)”.
    - (ii) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), and for each source as defined in [§ 63.191](/cfr/40/63.191.md), beginning no later than the compliance dates specified in [§ 63.100(k)(11)](/cfr/40/63.100.md?p=k-11),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),”.
    - (iii) Except as specified in [paragraph (a)(3)(iv)(B)](#a-3-iv-B) of this section, if [§ 63.174(b)(3)(vi)](/cfr/40/63.174.md?p=b-3-vi) refers to “once every month,” then substitute it for “once every quarter;” otherwise, [§ 63.174(b)(3)(vi)](/cfr/40/63.174.md?p=b-3-vi) applies as written.
    - (iv) [§ 63.171](/cfr/40/63.171.md) does not apply for light liquid pumps in ethylene oxide service, gas/vapor and light liquid valves in ethylene oxide service, and gas/vapor and light liquid connectors in ethylene oxide service. Instead, when leaks have been detected, delay of repair beyond 15 days is allowed if you meet the requirements in paragraphs [(a)(3)(iv)(A)](#a-3-iv-A) and [(B)](#a-3-iv-B) of this section, or [paragraph (a)(3)(iv)(C)](#a-3-iv-C) of this section.
      - (A) For PMPUs with less than 5,000 pieces of equipment in ethylene oxide service, you may have no more than 5 pieces of equipment in ethylene oxide service on delay of repair at a given time. For PMPUs with more than 5,000 pieces of equipment in ethylene oxide service, you may have no more than 0.1-percent of equipment in ethylene oxide service on delay of repair at a given time.
      - (B) Equipment in ethylene oxide service that is on delay of repair must be monitored monthly, following the monitoring requirements at [§ 63.180(b)](/cfr/40/63.180.md?p=b), and the instrument reading must not indicate that a delay of repair leak is detected. A delay of repair leak is defined as an instrument reading of 1,000 parts per million or greater. If a delay of repair leak is detected, then the delay of repair provisions no longer apply and the leak must be fixed no later than 15 calendar days after the delay of repair leak is detected.
      - (C) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in ethylene oxide service. Equipment that is isolated from the process is not applicable to the requirements in paragraphs [(a)(3)(iv)(A)](#a-3-iv-A) and [(B)](#a-3-iv-B) of this section.
  - (4) Substitute “Except for pressure relief devices subject to [§ 63.165(e)(4)](/cfr/40/63.165.md?p=e-4),” with “Except for pressure relief devices subject to [paragraph (c)](#c) of this section,”.
  - (5) Substitute “[§ 63.108](/cfr/40/63.108.md)” with “[§ 63.1436](/cfr/40/63.1436.md)”.
  - (6) For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h), the requirements specified in [§ 63.168(b)(2)(i) through (iii)](/cfr/40/63.168.md?p=b-2-i..b-2-iii) for valves that are either in gas service or in light liquid service no longer apply. Instead, for valves that are either in gas service or in light liquid service, a leak is detected if the instrument reading equals or exceeds 100 ppmv.
  - (7) Beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h), [§ 63.170](/cfr/40/63.170.md) no longer applies. Instead, if a gaseous emission stream from a surge control vessel or bottoms receiver is considered a process vent as defined in [§ 63.1423](/cfr/40/63.1423.md), you must comply with either paragraph [(a)(7)(i)](#a-7-i) or [(ii)](#a-7-ii) of this section.
    - (i) Route the organic vapors vented from the surge control vessel or bottoms receiver to a fuel gas system or process with a closed vent system meeting the requirements in [§ 63.119(f)](/cfr/40/63.119.md?p=f); or
    - (ii) Comply with [§ 63.1425 through 63.1431](/cfr/40/63.1425..63.1431.md), as applicable.
- (b) Except as specified in paragraphs [(a)(1) through (3)](#a-1..a-3) and [(a)(6)](#a-6) and [(7)](#a-7) of this section, the compliance date for the equipment leak provisions in this section is provided in [§ 63.1422(d)](/cfr/40/63.1422.md?p=d).
- (c) **Requirements for pressure relief devices.** Except as specified in [paragraph (c)(4)](#c-4) of this section, the owner or operator must comply with the operating and pressure release requirements specified in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) of this section for pressure relief devices in organic HAP gas or vapor service. Except as specified in [paragraph (c)(4)](#c-4) of this section, the owner or operator must also comply with the pressure release management requirements specified in [paragraph (c)(3)](#c-3) of this section for all pressure relief devices in organic HAP service.
  - (1) **Operating requirements.** Except during a pressure release event, operate each pressure relief device in organic HAP gas or vapor service with an instrument reading of less than 500 ppm above background as detected by Method 21 of [40 CFR part 60](/cfr/40/part60.md), appendix A.
  - (2) **Pressure release requirements.** For pressure relief devices in organic HAP gas or vapor service, comply with paragraphs [(c)(2)(i)](#c-2-i) or [(ii)](#c-2-ii) of this section, as applicable.
    - (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as detected by Method 21 of [40 CFR part 60](/cfr/40/part60.md), appendix A, no later than 5 calendar days after the pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm above background, except as provided in [§ 63.171](/cfr/40/63.171.md).
    - (ii) If the pressure relief device consists of or includes a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release, except as provided in [§ 63.171](/cfr/40/63.171.md).
  - (3) **Pressure release management.** Except as specified in [paragraph (c)(4)](#c-4) of this section, pressure releases to the atmosphere from pressure relief devices in organic HAP service are prohibited, and the owner or operator must comply with the requirements specified in paragraphs [(c)(3)(i)](#c-3-i) and [(ii)](#c-3-ii) of this section for all pressure relief devices in organic HAP service.
    - (i) For each pressure relief device in organic HAP service, the owner or operator must equip each pressure relief device with a device(s) or use a monitoring system that is capable of:
      - (A) Identifying the pressure release;
      - (B) Recording the time and duration of each pressure release; and
      - (C) **Notifying operators immediately that a pressure release is occurring.** The device or monitoring system may be either specific to the pressure relief device itself or may be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor.
    - (ii) If any pressure relief device in organic HAP service releases to atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in [§ 63.1439(e)(6)(ix)](/cfr/40/63.1439.md?p=e-6-ix). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge.
  - (4) **Pressure relief devices routed to a control device, process, or drain system.** If a pressure relief device in organic HAP service is designed and operated to route all pressure releases through a closed vent system to a control device, process, or drain system, the owner or operator is not required to comply with paragraphs [(c)(1)](#c-1), [(2)](#c-2), or [(3)](#c-3) (if applicable) of this section. Both the closed vent system and control device (if applicable) must meet the requirements of [§ 63.172](/cfr/40/63.172.md). The drain system (if applicable) must meet the requirements of [§ 63.136](/cfr/40/63.136.md).
- (d) When the HON equipment leak Initial Notification requirements contained in §§ [63.182(a)(1)](/cfr/40/63.182.md?p=a-1) and [63.182(b)](/cfr/40/63.182.md?p=b) are referred to in [40 CFR part 63](/cfr/40/part63.md), [subpart H](/cfr/40/subpartH.md), the owner or operator shall comply with the Initial Notification requirements contained in [§ 63.1439(e)(3)](/cfr/40/63.1439.md?p=e-3), for the purposes of this subpart. The Initial Notification shall be submitted no later than June 1, 2000, or no later than 120 days after the source becomes subject to this subpart, whichever is later, for existing sources.
- (e) The HON equipment leak Notification of Compliance Status required by §§ [63.182(a)(2)](/cfr/40/63.182.md?p=a-2) and [63.182(c)](/cfr/40/63.182.md?p=c) shall be submitted within 150 days (rather than 90 days) of the applicable compliance date specified in [§ 63.1422](/cfr/40/63.1422.md) for the equipment leak provisions. The Initial Notification shall be submitted no later than June 1, 2000, or no later than 120 days after the source becomes subject to this subpart, whichever is later, for existing sources.
- (f) The Periodic Reports required by § [63.182(a)(3)](/cfr/40/63.182.md?p=a-3) and [(d)](/cfr/40/63.182.md?p=a-d) shall be submitted as part of the Periodic Reports required by [§ 63.1439(e)(6)](/cfr/40/63.1439.md?p=e-6).
- (g) If specific items of equipment, comprising part of a process unit subject to this subpart, are managed by different administrative organizations (e.g., different companies, affiliates, departments, divisions, etc.), those items of equipment may be aggregated with any PMPU within the affected source for all purposes under [subpart H](/cfr/40/subpartH.md), providing there is no delay in achieving the applicable compliance date.
- (h) The phrase “the provisions of subparts [F](/cfr/40/subpartF.md), [I](/cfr/40/subpartI.md), or PPP of this part” shall apply instead of the phrase “the provisions of subparts [F](/cfr/40/subpartF.md) or [I](/cfr/40/subpartI.md) of this part,” and instead of the phrase “the provisions of subpart [F](/cfr/40/subpartF.md) or [I](/cfr/40/subpartI.md) of this part” throughout §§ [63.163](/cfr/40/63.163.md) and [63.168](/cfr/40/63.168.md), for the purposes of this subpart. In addition, the phrase “subparts [F](/cfr/40/subpartF.md), [I](/cfr/40/subpartI.md), and PPP” shall apply instead of the phrase “subparts [F](/cfr/40/subpartF.md) and [I](/cfr/40/subpartI.md)” in [§ 63.174(c)(2)(iii)](/cfr/40/63.174.md?p=c-2-iii), for the purposes of this subpart.
- (i) For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h), the owner or operator of each transfer rack that does not meet the criteria specified in § [63.1420(c)(10)](/cfr/40/63.1420.md?p=c-10) or [(11)](/cfr/40/63.1420.md?p=c-11) shall comply with the HON transfer rack requirements in [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md) and the HON leak inspection provisions in [§ 63.148](/cfr/40/63.148.md), with the differences noted in [paragraphs (i)(1) through (13)](#i-1..i-13) of this section.
  - (1) When the term “Group 1 transfer rack” is used in [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md), the definition of this term in [§ 63.1423](/cfr/40/63.1423.md) shall apply for the purposes of this subpart.
  - (2) When the term “Group 2 transfer rack” is used in [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md), the definition of this term in [§ 63.1423](/cfr/40/63.1423.md) shall apply for the purposes of this subpart.
  - (3) When “organic hazardous air pollutants,” “organic HAP's,” or “organic HAP” are used in [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md), the definition of “Organic hazardous air pollutant(s) (organic HAP)” shall apply for the purposes of this subpart.
  - (4) Sections [63.126(d)](/cfr/40/63.126.md?p=d) and [(h)(1)](/cfr/40/63.126.md?p=h-1), and [63.128(d)](/cfr/40/63.128.md?p=d) do not apply.
  - (5) The phrase “subject to this subpart” means [40 CFR part 63](/cfr/40/part63.md), subpart PPP.
  - (6) When the term “range” is used in [§§ 63.126 through 63.130](/cfr/40/63.126..63.130.md), the term “level” shall be used instead, for the purposes of this subpart. This level shall be determined using the procedures specified in parameter monitoring procedures in [§ 63.1438](/cfr/40/63.1438.md).
  - (7) The owner or operator of an affected source shall comply with this [paragraph (i)(7)](#i-7) instead of [§ 63.128(a)(1)](/cfr/40/63.128.md?p=a-1) for the purposes of this subpart. If the combustion, recovery, or recapture device used to comply with [§ 63.126(b)](/cfr/40/63.126.md?p=b) is also used to comply with any of the requirements found in [§§ 63.1425 through 63.1431](/cfr/40/63.1425..63.1431.md) and/or [§ 63.1433](/cfr/40/63.1433.md), the performance test required in or accepted by [§§ 63.1425 through 63.1431](/cfr/40/63.1425..63.1431.md) and/or [§ 63.1433](/cfr/40/63.1433.md) is acceptable for demonstrating compliance with [§ 63.126(b)](/cfr/40/63.126.md?p=b), for the purposes of this subpart.
  - (8) When [§ 63.152(b)](/cfr/40/63.152.md?p=b) is referred to in §§ [63.127](/cfr/40/63.127.md), [63.128](/cfr/40/63.128.md), and [63.129](/cfr/40/63.129.md), the Notification of Compliance Status requirements contained in [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5) shall apply for the purposes of this subpart.
  - (9) When [§ 63.152(c)](/cfr/40/63.152.md?p=c) is referred to in §§ [63.128](/cfr/40/63.128.md), [63.129](/cfr/40/63.129.md), and [63.130](/cfr/40/63.130.md), the Periodic Report requirements contained in [§ 63.1439(e)(6)](/cfr/40/63.1439.md?p=e-6) shall apply for the purposes of this subpart.
  - (10) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), on and after July 15, 2027,” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), on and after March 18, 2029,”.
  - (11) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md), beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),”.
  - (12) Substitute “Beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10),” with “Beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h),”.
  - (13) Substitute “[§ 63.108](/cfr/40/63.108.md)” with “[§ 63.1436](/cfr/40/63.1436.md)”.

# §63.1435. Heat exchanger provisions.

- (a) The owner or operator of each affected source shall comply with the requirements of [§ 63.104](/cfr/40/63.104.md) for heat exchange systems, with the exceptions noted in [paragraphs (b) through (e)](#b..e) of this section and, beginning March 18, 2026, in [paragraphs (f) through (i)](#f..i) of this section.
- (b) When the term “chemical manufacturing process unit” is used in [§ 63.104](/cfr/40/63.104.md), the term “polyether polyols manufacturing process unit” shall apply for the purposes of this subpart. Further, when the phrase “a chemical manufacturing process unit meeting the conditions of [§ 63.100(b)(1) through (3)](/cfr/40/63.100.md?p=b-1..b-3) of this subpart, except for chemical manufacturing process units meeting the condition specified in [§ 63.100(c)](/cfr/40/63.100.md?p=c) of this subpart” is used in [§ 63.104(a)](/cfr/40/63.104.md?p=a), the term “PMPU, except for PMPU meeting the conditions specified in [§ 63.1420(b)](/cfr/40/63.1420.md?p=b)” shall apply for the purposes of this subpart.
- (c) When the HON heat exchange system requirements in [§ 63.104(c)(3)](/cfr/40/63.104.md?p=c-3) specify the monitoring plan retention requirements, and when [§ 63.104(f)(1)](/cfr/40/63.104.md?p=f-1) refers to the record retention requirements in [§ 63.103(c)(1)](/cfr/40/63.103.md?p=c-1), the provisions of the general recordkeeping and reporting requirements in [§ 63.1439(a)](/cfr/40/63.1439.md?p=a) and the applicable provisions of the General Provisions in [40 CFR part 63](/cfr/40/part63.md), [subpart A](/cfr/40/subpartA.md), as specified in Table 1 of this subpart, shall apply for the purposes of this subpart.
- (d) When the HON heat exchange system requirements in [§ 63.104(f)(2)](/cfr/40/63.104.md?p=f-2) require information to be reported in the Periodic Reports required by the HON general reporting provisions in [§ 63.152(c)](/cfr/40/63.152.md?p=c), the owner or operator shall instead report the information specified in [§ 63.104(f)(2)](/cfr/40/63.104.md?p=f-2) in the Periodic Reports required by the general reporting requirements in [§ 63.1439(e)(6)](/cfr/40/63.1439.md?p=e-6), for the purposes of this subpart.
- (e) When the HON heat exchange system requirements in [§ 63.104](/cfr/40/63.104.md) refer to Table 4 of [40 CFR part 63](/cfr/40/part63.md), [subpart F](/cfr/40/subpartF.md) or Table 9 of [40 CFR part 63](/cfr/40/part63.md), [subpart G](/cfr/40/subpartG.md), the owner or operator is only required to consider organic HAP listed in Table 4 of [40 CFR part 63](/cfr/40/part63.md), subpart [F](/cfr/40/subpartF.md) or [40](/cfr/40/subpart40.md) CFR [part 63](/cfr/40/part63.md), Table 9 of [subpart G](/cfr/40/subpartG.md) that are also listed on Table 4 of this subpart, for the purposes of this subpart.
- (f) Substitute “For each source as defined in [§ 63.101](/cfr/40/63.101.md),” with “For each affected source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a),”.
- (g) Substitute “beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10)” with “beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h).
- (h) If an owner or operator complies with [§ 63.104(g)](/cfr/40/63.104.md?p=g), then [§ 63.104(b) through (e)](/cfr/40/63.104.md?p=b..e) no longer apply.
- (i) **For heat exchange systems in ethylene oxide service—**
  - (1) Substitute “in ethylene oxide service, as defined in [§ 63.101](/cfr/40/63.101.md)” with “in ethylene oxide service, as defined in [§ 63.1423](/cfr/40/63.1423.md)”.
  - (2) [§ 63.104(g)(6)](/cfr/40/63.104.md?p=g-6) does not apply. Instead, for heat exchange systems in ethylene oxide service, the monitoring frequency is monthly.
  - (3) [§ 63.104(h)(6)](/cfr/40/63.104.md?p=h-6) does not apply. Instead, for heat exchange systems in ethylene oxide service, owners and operators must repair the leak to reduce the concentration or mass emissions rate to below the applicable leak action level as soon as practicable, but no later than 45 days after the sample was collected.
  - (4) [Section 63.104(k)](/cfr/40/63.104.md?p=k) does not apply. Instead for each source as described in [§ 63.1420(a)](/cfr/40/63.1420.md?p=a), beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h), owners and operators must not inject water into or dispose of water through any heat exchange system in a PMPU if the water contains any amount of ethylene oxide, has been in contact with any process stream containing ethylene oxide, or is considered wastewater as defined in [§ 63.1423](/cfr/40/63.1423.md).

# §63.1436. Flares.

- (a) For any flare that is used to reduce organic HAP emissions from a PMPU, the owner or operator may elect to comply with the requirements in this section in lieu of the requirements of [§ 63.11(b)](/cfr/40/63.11.md?p=b) and the requirements referenced therein. However, beginning no later than the compliance dates specified in [§ 63.1422(h)](/cfr/40/63.1422.md?p=h), the provisions specified in [paragraphs (a)(1) through (25)](#a-1..a-25) of this section no longer apply. Instead, if an owner or operator reduces organic HAP emissions from a PMPU by venting emissions through a closed vent system to a steam-assisted, air-assisted, or non-assisted flare, then the owner or operator must meet the applicable requirements for flares as specified in §§ [63.670](/cfr/40/63.670.md) and [63.671](/cfr/40/63.671.md), including the provisions in tables 12 and 13 to [subpart CC](/cfr/40/subpartCC.md) of this part, except as specified in [paragraph (b)](#b) of this section. This requirement also applies to any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from a PMPU, as determined on an annual average basis. For purposes of compliance with this paragraph, the following terms are defined in [§ 63.641](/cfr/40/63.641.md): Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam.
  - (1) [Section 63.1426(a)(1)](/cfr/40/63.1426.md?p=a-1);
  - (2) [Section 63.1429(a)(2)](/cfr/40/63.1429.md?p=a-2);
  - (3) [Section 63.1437(c)(1) through (3)](/cfr/40/63.1437.md?p=c-1..c-3);
  - (4) [Section 63.107(h)(9)(i)](/cfr/40/63.107.md?p=h-9-i) related to criteria in [§ 63.11(b)](/cfr/40/63.11.md?p=b);
  - (5) [Section 63.113(a)(1)](/cfr/40/63.113.md?p=a-1);
  - (6) [Section 63.114(a)(2)](/cfr/40/63.114.md?p=a-2);
  - (7) [Section 63.116(a)(1) through (3)](/cfr/40/63.116.md?p=a-1..a-3);
  - (8) [Section 63.117(a)(5)(i) through (iii)](/cfr/40/63.117.md?p=a-5-i..a-5-iii);
  - (9) [Section 63.118(f)(5)](/cfr/40/63.118.md?p=f-5);
  - (10) The last sentence in [§ 63.119(e)(1)](/cfr/40/63.119.md?p=e-1) related to flares;
  - (11) [Section 63.120(e)(1) through (6)](/cfr/40/63.120.md?p=e-1..e-6);
  - (12) Section [63.122(c)(2)](/cfr/40/63.122.md?p=c-2) and [(g)(3)](/cfr/40/63.122.md?p=g-3);
  - (13) [Section 63.126(b)(2)(i)](/cfr/40/63.126.md?p=b-2-i);
  - (14) [Section 63.127(a)(2)](/cfr/40/63.127.md?p=a-2);
  - (15) [Section 63.128(b)(1) through (3)](/cfr/40/63.128.md?p=b-1..b-3);
  - (16) [Section 63.129(a)(5)(i) through (iii)](/cfr/40/63.129.md?p=a-5-i..a-5-iii);
  - (17) Section [63.130(a)(2)(i)](/cfr/40/63.130.md?p=a-2-i), [(c)](/cfr/40/63.130.md?p=a-2-c), and [(d)(5)](/cfr/40/63.130.md?p=a-d-5);
  - (18) Section [63.139(c)(3)](/cfr/40/63.139.md?p=c-3) and [(d)(3)](/cfr/40/63.139.md?p=d-3);
  - (19) [Section 63.145(j)(1) through (3)](/cfr/40/63.145.md?p=j-1..j-3);
  - (20) [Section 63.146(b)(7)(i)(A) through (C)](/cfr/40/63.146.md?p=b-7-i-A..b-7-i-C);
  - (21) [Section 63.147(d)(1)](/cfr/40/63.147.md?p=d-1);
  - (22) [Section 63.172(d)](/cfr/40/63.172.md?p=d);
  - (23) [Section 63.180(e)(1) through (3)](/cfr/40/63.180.md?p=e-1..e-3);
  - (24) [Section 63.181(g)(1)(iii)](/cfr/40/63.181.md?p=g-1-iii); and
  - (25) The phrase “including periods when a flare pilot light system does not have a flame” in [§ 63.181(g)(2)(i)](/cfr/40/63.181.md?p=g-2-i).
- (b) The exceptions specified in [§ 63.108(b) through (o)](/cfr/40/63.108.md?p=b..o) apply, except as specified in [paragraphs (b)(1) through (7)](#b-1..b-7) of this section.
  - (1) Where the term “chemical manufacturing process unit” is used, the term “PMPU” applies instead for the purposes of this subpart.
  - (2) Where the reference “[§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10)” is used, the reference [§ 63.1422(h)](/cfr/40/63.1422.md?p=h) applies instead for the purposes of this subpart.
  - (3) Where the phrase “Hazardous Organic Chemical Manufacturing Sector Lead” is used, the phrase “Polyether Polyols Sector Lead” applies instead for the purposes of this subpart.
  - (4) Where the reference “[§ 63.152(b)(7)](/cfr/40/63.152.md?p=b-7)” is used, the reference “[§ 63.1439(e)(5)(ix)](/cfr/40/63.1439.md?p=e-5-ix)” applies instead for the purposes of this subpart.
  - (5) Instead of the address given in [§ 63.108(n)](/cfr/40/63.108.md?p=n), the address to submit the alternative means of limitation request is U.S. EPA, Attn: Polyether Polyols Sector Lead, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711.
  - (6) When requesting an alternative under 63.1426(a)(2) in accordance with [§ 63.670(r)](/cfr/40/63.670.md?p=r), substitute “the flare achieves 96.5 percent combustion efficiency (or 98 percent destruction efficiency)” with “the flare achieves a control efficiency greater than 98 percent”.
  - (7) [Section 63.670(o)(2)](/cfr/40/63.670.md?p=o-2) does not apply. Instead, flare management plans must be submitted to the Administrator in a supplement to the Notification of Compliance Status report in accordance with [§ 63.1439(e)(5)](/cfr/40/63.1439.md?p=e-5). The plan should be updated periodically to account for changes in the operation of the flare, such as new connections to the flare or the installation of a flare gas recovery system, but the plan needs to be re-submitted to the Administrator only if the owner or operator alters the design smokeless capacity of the flare. The owner or operator must comply with the updated plan as submitted.