§63.7791. How do I comply with the requirements for the control of mercury from BOPF Groups? — Inbound Citations

(f) With regard to the mercury emission limitations, if you have a new or existing affected source, you must comply with each emission limitation for mercury that applies to you by the deadlines set forth in § 63.7791.

(10) If there were no deviations from the requirements in § 63.7791, a statement that there were no deviations from the requirements during the reporting period.

(4) If you have a new affected BOPF Group or a new or reconstructed affected source for which construction or reconstruction commenced after August 16, 2019, and you are demonstrating compliance with the mercury emission limit in Table 1 through the requirements in § 63.7791(b) through (d), you must certify compliance in accordance with § 63.7840(f) in your initial notification of compliance and in accordance with § 63.7841(b)(11) in your first semiannual compliance report after July 13, 2021 or after initial startup of your BOPF Group, whichever is later.

(1) If you have an existing affected source or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, each BOPF Group at your facility must be in compliance with the applicable mercury emission limit in Table 1 of this subpart through performance testing under §§ 63.7825 and 63.7833, or through procurement of steel scrap pursuant to the compliance options in § 63.7791(c), (d), or (e) beginning July 13, 2021.

(3) If you have an existing affected BOPF Group or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, and you are demonstrating compliance with the mercury emission limit in Table 1 through the requirements in § 63.7791(c) through (e), you must certify compliance in accordance with § 63.7840(f) in your notification of compliance and in accordance with § 63.7841(b)(11) in your first semiannual compliance report after July 13, 2021.

(i) If you are demonstrating compliance with the mercury emission limits in Table 1 of this section for your BOPF Groups by certifying participation in the NVMSRP or another EPA-approved mercury program, or by using scrap that does not contain mercury switches, you must obtain and certify your use of steel scrap per § 63.7791(c), (d), or (e), as applicable, and § 63.7841(b)(11) to demonstrate continuous compliance with the standard.

(f) The notification of compliance status required by §§ 63.9(b) and (h) and 63.7826(c) must include each applicable certification of compliance, signed by a responsible official, in paragraphs (f)(1) and (2) of this section, regarding the mercury requirements, as applicable, in § 63.7791(c) through (e).

(1) “This facility participates in and purchases scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator, in accordance with § 63.7791(c) or (e)”; or

(2) “This facility complies with the requirements for scrap that does not contain mercury switches, in accordance with § 63.7791(d).”

(11) If the facility demonstrates compliance with the mercury emission limits in Table 1 through the compliance options in § 63.7791(c), (d), or (e), the report must contain the applicable statement in paragraphs (b)(11)(i) and (ii) of this section, as applicable.

(i) “This facility participates in and purchases scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator, in accordance with § 63.7791(c) or (e)”; or

(ii) “This facility complies with the requirements for scrap that does not contain mercury switches, in accordance with § 63.7791(d).”

(e) If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(c), you must keep records to demonstrate compliance with the requirements for mercury in § 63.7791(c) as applicable. If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(d), you must keep records documenting compliance with § 63.7791(d) for scrap that does not contain mercury switches. If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(e), you must maintain records identifying each scrap provider and documenting the scrap provider's participation in an approved mercury switch removal program. If you purchase scrap from a broker, you must maintain records identifying each broker and documentation that all scrap provided by the broker was obtained from other scrap providers who participate in an approved mercury switch removal program.

(1) If you have an existing affected source or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, each BOPF Group at your facility must be in compliance with the applicable mercury emission limit in Table 1 of this subpart through performance testing under §§ 63.7825 and 63.7833, or through procurement of steel scrap pursuant to the compliance options in § 63.7791(c), (d), or (e) beginning July 13, 2021.

(3) If you have an existing affected BOPF Group or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, and you are demonstrating compliance with the mercury emission limit in Table 1 through the requirements in § 63.7791(c) through (e), you must certify compliance in accordance with § 63.7840(f) in your notification of compliance and in accordance with § 63.7841(b)(11) in your first semiannual compliance report after July 13, 2021.

(i) If you are demonstrating compliance with the mercury emission limits in Table 1 of this section for your BOPF Groups by certifying participation in the NVMSRP or another EPA-approved mercury program, or by using scrap that does not contain mercury switches, you must obtain and certify your use of steel scrap per § 63.7791(c), (d), or (e), as applicable, and § 63.7841(b)(11) to demonstrate continuous compliance with the standard.

(f) The notification of compliance status required by §§ 63.9(b) and (h) and 63.7826(c) must include each applicable certification of compliance, signed by a responsible official, in paragraphs (f)(1) and (2) of this section, regarding the mercury requirements, as applicable, in § 63.7791(c) through (e).

(1) “This facility participates in and purchases scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator, in accordance with § 63.7791(c) or (e)”; or

(2) “This facility complies with the requirements for scrap that does not contain mercury switches, in accordance with § 63.7791(d).”

(11) If the facility demonstrates compliance with the mercury emission limits in Table 1 through the compliance options in § 63.7791(c), (d), or (e), the report must contain the applicable statement in paragraphs (b)(11)(i) and (ii) of this section, as applicable.

(i) “This facility participates in and purchases scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator, in accordance with § 63.7791(c) or (e)”; or

(ii) “This facility complies with the requirements for scrap that does not contain mercury switches, in accordance with § 63.7791(d).”

(e) If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(c), you must keep records to demonstrate compliance with the requirements for mercury in § 63.7791(c) as applicable. If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(d), you must keep records documenting compliance with § 63.7791(d) for scrap that does not contain mercury switches. If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(e), you must maintain records identifying each scrap provider and documenting the scrap provider's participation in an approved mercury switch removal program. If you purchase scrap from a broker, you must maintain records identifying each broker and documentation that all scrap provided by the broker was obtained from other scrap providers who participate in an approved mercury switch removal program.

(1) If you have an existing affected source or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, each BOPF Group at your facility must be in compliance with the applicable mercury emission limit in Table 1 of this subpart through performance testing under §§ 63.7825 and 63.7833, or through procurement of steel scrap pursuant to the compliance options in § 63.7791(c), (d), or (e) beginning July 13, 2021.

(3) If you have an existing affected BOPF Group or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, and you are demonstrating compliance with the mercury emission limit in Table 1 through the requirements in § 63.7791(c) through (e), you must certify compliance in accordance with § 63.7840(f) in your notification of compliance and in accordance with § 63.7841(b)(11) in your first semiannual compliance report after July 13, 2021.

(i) If you are demonstrating compliance with the mercury emission limits in Table 1 of this section for your BOPF Groups by certifying participation in the NVMSRP or another EPA-approved mercury program, or by using scrap that does not contain mercury switches, you must obtain and certify your use of steel scrap per § 63.7791(c), (d), or (e), as applicable, and § 63.7841(b)(11) to demonstrate continuous compliance with the standard.

(f) The notification of compliance status required by §§ 63.9(b) and (h) and 63.7826(c) must include each applicable certification of compliance, signed by a responsible official, in paragraphs (f)(1) and (2) of this section, regarding the mercury requirements, as applicable, in § 63.7791(c) through (e).

(1) “This facility participates in and purchases scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator, in accordance with § 63.7791(c) or (e)”; or

(2) “This facility complies with the requirements for scrap that does not contain mercury switches, in accordance with § 63.7791(d).”

(11) If the facility demonstrates compliance with the mercury emission limits in Table 1 through the compliance options in § 63.7791(c), (d), or (e), the report must contain the applicable statement in paragraphs (b)(11)(i) and (ii) of this section, as applicable.

(i) “This facility participates in and purchases scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator, in accordance with § 63.7791(c) or (e)”; or

(ii) “This facility complies with the requirements for scrap that does not contain mercury switches, in accordance with § 63.7791(d).”

(e) If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(c), you must keep records to demonstrate compliance with the requirements for mercury in § 63.7791(c) as applicable. If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(d), you must keep records documenting compliance with § 63.7791(d) for scrap that does not contain mercury switches. If you are demonstrating compliance with the mercury emission limit in Table 1 through § 63.7791(e), you must maintain records identifying each scrap provider and documenting the scrap provider's participation in an approved mercury switch removal program. If you purchase scrap from a broker, you must maintain records identifying each broker and documentation that all scrap provided by the broker was obtained from other scrap providers who participate in an approved mercury switch removal program.