J. J. Keller® Compliance Network Logo
Start Experiencing Compliance Network for Free!
Update to Professional Trial!

Be Part of the Ultimate Safety & Compliance Community

Trending news, knowledge-building content, and more – all personalized to you!

Already have an account?
FREE TRIAL UPGRADE!
Thank you for investing in EnvironmentalHazmat related content. Click 'UPGRADE' to continue.
CANCEL
YOU'RE ALL SET!
Enjoy your limited-time access to the Compliance Network!
A confirmation welcome email has been sent to your email address from ComplianceNetwork@t.jjkellercompliancenetwork.com. Please check your spam/junk folder if you can't find it in your inbox.
YOU'RE ALL SET!
Thank you for your interest in EnvironmentalHazmat related content.
WHOOPS!
You've reached your limit of free access, if you'd like more info, please contact us at 800-327-6868.
You'll also get exclusive access to:
TRY IT FREE TODAY
Already have an account? .

Climate change is no longer an impending threat. It is here and it has tangible consequences. As industry professionals, we understand the scientific basis for climate change and its anticipated effects.

However, translating this knowledge into actionable strategies requires robust risk planning. A recent survey conducted by the J. J. Keller Center for Market Insights revealed that only 20 percent of facilities currently engage in risk planning related to climate change.

Related article: 5 easy ways to keep up with environmental regulatory changes

Several factors impact how and why a business plans for environmental risk.

Business continuity: The domino effect of climate disruption

Among facilities currently engaged in risk planning for climate change, 65 percent consider business continuity. Extreme weather events are becoming more frequent and severe due to climate change. Floods, droughts, wildfires, and heat waves can disrupt critical infrastructure, transportation networks, and power grids. This can have a cascading effect, impacting a company's ability to operate and deliver products or services.

Proactive risk planning involves identifying vulnerabilities in your operations — from reliance on suppliers in one area to outdated infrastructure vulnerable to flooding. By conducting vulnerability assessments and developing contingency plans, businesses can ensure a smoother transition during climate disruptions, minimizing downtime and financial losses.

Brand image and reputation: The price of inaction

More than ever before, consumers are holding organizations responsible for their environmental impact. Failure to act on climate change can significantly hurt an organization's brand image and reputation. Ignoring climate risks suggests a lack of foresight and responsibility, potentially leading to boycotts, negative press coverage, and difficulty attracting employees.

Conversely, demonstrating proactive risk planning by implementing sustainable practices and adapting to climate change can enhance a company's brand image. It can translate to increased customer support, greater investor trust, and an edge in the marketplace.

Physical damage to facilities and assets: Counting the cost of climate

Among facilities currently engaging in risk planning for climate change, 59 percent consider physical damage. Climate change is a physical threat to businesses, with increased and often extreme geological and meteorological events posing a risk to facilities and assets. Rising sea levels threaten coastal locations, while extreme weather events can damage infrastructure and equipment.

Risk planning helps identify these exposures and develops strategies to mitigate them, such as elevating critical infrastructure, investing in flood-protection measures, or expanding production facilities across different geographic areas. By proactively addressing physical risks, businesses can minimize the financial burden of repairs and potential reconstruction efforts.

Regulatory risk and noncompliance costs: Staying ahead of the curve

Governments are progressively implementing regulations to address climate change. These regulations may include stricter environmental standards for production processes and mandatory reporting of greenhouse gas emissions. Businesses that fail to adapt their operations to comply with necessary regulations risk hefty fines and legal penalties.

Risk planning involves staying informed about evolving regulations and developing a strategy for compliance. This can help businesses easily adapt and avoid costly fines or even operational shutdowns.

Revenue loss: The bottom line of climate change

Climate change can negatively impact an organization's revenue stream in several ways. For example, droughts and floods can disrupt farming operations and supply chains, leading to shortages and price increases that can discourage customers. Severe weather events can damage attractions and infrastructure, impacting the tourism and hospitality industries. Additionally, regulations intended to address climate change, such as carbon taxing, can impact production costs, potentially leading to price increases and reduced end user demand. Risk planning helps businesses identify these potential losses and create approaches to mitigate them. Examples include investing in climate-smart agriculture, developing drought-resistant crops, or exploring alternative production methods that are less susceptible to climate disruptions.

Key to remember: Climate change is a complex challenge. Risk planning can help businesses protect their operations, reputation, and financial well-being.

Specialized Industries

Go beyond the regulations! Visit the Institute for in-depth guidance on a wide range of compliance subjects in safety and health, transportation, environment, and human resources.

J. J. Keller® COMPLIANCE NETWORK is a premier online safety and compliance community, offering members exclusive access to timely regulatory content in workplace safety (OSHA), transportation (DOT), environment (EPA), and human resources (DOL).

Interact With Our Compliance Experts

Puzzled by a regulatory question or issue? Let our renowned experts provide the answers and get your business on track to full compliance!

Upcoming Events

Reference the Compliance Network Safety Calendar to keep track of upcoming safety and compliance events. Browse by industry or search by keyword to see relevant dates and observances, including national safety months, compliance deadlines, and more.

SAFETY & COMPLIANCE NEWS

Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.

RegSense®Regulatory Reference

Explore a comprehensive database of word-for-word regulations and best practices on a wide range of topics.

THE J. J. KELLER INSTITUTE

The J. J. Keller INSTITUTE is your destination for in-depth content on hundreds of topics. Browse by subject to gain foundational knowledge and confirm best practices on the topics that matter to you. You'll find articles, videos, and interactive exercises that help you become an expert and apply key concepts in practical scenarios. There are almost 130 subjects covering 100s of topics.

Add Premium Hazmat & Environmental Resources

Unlock premium content offering expert insight into hazmat and environmental regulations with a COMPLIANCE NETWORK EDGE membership.

INTERACT WITH A COMPLIANCE EXPERT

In search of an answer? Try our FAQ Library or engage with an Expert for help!

Upcoming Events

Reference the Compliance Network Safety Calendar to keep track of upcoming safety and compliance events. Browse by industry or search by keyword to see relevant dates and observances, including national safety months, compliance deadlines, and more.

Most Recent Highlights In Environmental

EHS Monthly Round Up - March 2024

EHS Monthly Round Up - March 2024

In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll go over the most impactful environmental, health, and safety news. Please view the content links in the transcript for more information about the topics I’ll be covering today. Let’s get started! The Office of Management and Budget completed its review of OSHA’s worker walkaround final rule on March 20. The next step is publication in the Federal Register. The rule expands the criteria for who employees can authorize to act as their representative during an OSHA inspection.

Stand Up 4 Grain Safety Week was held the week of March 25. This annual event brings attention to hazards in the grain handling and storage industry and encourages employers to focus on safe work practices.

Over 100 people die in ladder-related deaths each year, and thousands more suffer disabling injuries. During Ladder Safety Month, which is held each March, the American Ladder Institute promotes ladder safety to decrease the number of injuries and fatalities.

Between 2010 and 2023, 11 miners drowned in incidents involving submerged mobile equipment. In response, the Mine Safety and Health Administration issued a safety alert. It recommends measures miners should take when operating equipment near water.

And finally, turning to environmental news, EPA finalized amendments to its Risk Management Program in an effort to improve safety at facilities that use and distribute hazardous chemicals. The rule seeks to improve chemical process safety; assist in planning for, preparing for, and responding to accidents; and increase public awareness of chemical hazards at regulated sites.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

2024-04-08T05:00:00Z

EPA Proposed Rule: Significant New Use Rules

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs). The chemical substances received “not likely to present an unreasonable risk” determinations pursuant to TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rulemaking to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the use, under the conditions of use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification, made an appropriate determination regarding that notification, and taken such actions as required by that determination.

DATES: This proposed rule is published in the Federal Register April 8, 2024, page 24398.

View proposed rule.

Facility Response Plans: Hope for the best, prepare for the worst-case discharges
2024-04-05T05:00:00Z

Facility Response Plans: Hope for the best, prepare for the worst-case discharges

“What’s the worst that could happen?” You’ve likely heard and have even asked this rhetorical question. Under the Clean Water Act (CWA), it’s no longer rhetorical; it’s now a regulatory question that must be answered with formal, written plans by facilities that could discharge dangerous chemicals into nearby waterbodies.

The Environmental Protection Agency (EPA) finalized a rule (codified at 40 CFR Part 118) that requires certain facilities to develop and submit Facility Response Plans (FRPs) for worst-case discharges or the potential for worst-case discharges of CWA hazardous substances into navigable water.

Use this article to help you determine whether your facility is covered by the CWA hazardous substance FRP requirements.

First, review the terms.

The final rule covers “onshore, non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone.” As with all other regulations, the definitions of the terms determine what the rules mean and what they require.

  • Adverse weather refers to weather conditions that make it difficult for response equipment and personnel to clean up or respond to discharged CWA hazardous substances.
  • All CWA hazardous substances are listed at 116.4. The CWA hazardous substances with their corresponding reportable quantities are listed at 117.3.
  • The maximum quantity on-site refers to the maximum total aggregate quantity for each CWA hazardous substance present within the facility at any time.
  • Navigable waters are waters of the United States as defined at 120.2.
  • Public receptors include public spaces inhabited, occupied, or used by the public at any time where a worst-case discharge into or on the navigable waters or a conveyance (i.e., means of transport) to navigable waters could injure members of the public.
  • A worst-case discharge is the largest foreseeable discharge in adverse weather conditions, including a discharge resulting from fire or explosion.

Second, look at the applicability criteria.

A facility considered to pose substantial harm must meet three conditions. The CWA hazardous substance FRP requirements apply to facilities that:

  • Have a maximum quantity on-site of any CWA hazardous substance 1,000 times or more than the reportable quantity listed at 117.3;
  • Are within a 0.5-mile radius of navigable waters or a conveyance to navigable waters; and
  • Meet one or more substantial harm criteria, including:
    • The ability to cause injury to fish, wildlife, and sensitive environments;
    • The ability to adversely impact a public water system;
    • The ability to cause injury to public receptors; or
    • The history of a CWA hazardous substance discharge above the reportable quantity that reached navigable water within the last five years.

The final rule requires facilities to model worst-case discharge scenarios that represent each covered CWA hazardous substance. Through these scenarios, facilities determine whether they meet the first three substantial harm criteria above.

Third, check the exceptions and exemptions.

Determine whether your facility qualifies for any exceptions or exemptions to the FRP requirements listed at 118.8.

Exceptions include:

  • Facilities not reasonably expected to pose substantial harm based solely on location (excluding man-made structures designed to prevent a discharge);
  • Equipment, vessels, or transportation-related facilities subject to other federal authorities, such as the Department of Transportation; and
  • Underground storage tanks (USTs) and connected underground piping, equipment, and containment systems subject to UST regulations.

Exemptions apply to:

  • CWA hazardous substances contained in articles (which are excluded from calculations of the maximum quantity on-site); and
  • Certain uses, such as for processing or cooling water.

If your facility meets the applicability criteria and doesn’t qualify for any exceptions or exemptions, it’s subject to the CWA hazardous substance FRP requirements. You must prepare, submit to EPA, and implement an FRP.

Covered facilities must submit FRPs to EPA within three years of May 28, 2024 (the effective date of the rule).

Fourth, keep these tips in mind.

  • When calculating the quantity of CWA hazardous substances at your site, use the table at 117.3 since it contains the reportable quantities. The tables at 116.4 only list the covered substances.
  • Don’t forget to include mixtures! The standards at 118.9 explain how to handle CWA hazardous substances contained in mixtures when calculating your facility’s maximum on-site quantity.
  • EPA regional administrators may require any facility they assess on a case-by-case basis to develop an FRP based on site-specific factors. So, even if your facility determines it doesn’t meet the applicability criteria, an EPA regional administrator may still require your facility to prepare an FRP.

Key to remember: A final rule under the Clean Water Act requires certain facilities to develop, submit to EPA, and implement Facility Response Plans for worst-case discharges of hazardous substances into navigable waters.

2024-04-04T05:00:00Z

EPA Final Rule: National Emission Standards for Hazardous Air Pollutants: Ethylene Production, Miscellaneous Organic Chemical Manufacturing, Organic Liquids Distribution (Non-Gasoline), and Petroleum Refineries Reconsideration

On July 6, 2020, the U.S. Environmental Protection Agency (EPA or the Agency) finalized the residual risk and technology review (RTR) conducted for the Ethylene Production source category, which is part of the Generic Maximum Achievable Control Technology Standards National Emission Standards for Hazardous Air Pollutants (NESHAP); on July 7, 2020, the EPA finalized the RTR conducted for the Organic Liquids Distribution (Non-Gasoline) NESHAP; and on August 12, 2020, the EPA finalized the RTR conducted for the Miscellaneous Organic Chemical Manufacturing NESHAP. Amendments to the Petroleum Refinery Sector NESHAP were most recently finalized on February 4, 2020. Subsequently, the EPA received and granted various petitions for reconsideration on these NESHAP for, among other things, the provisions related to the work practice standards for pressure relief devices (PRDs), emergency flaring, and degassing of floating roof storage vessels. This action finalizes proposed amendments to remove the force majeure exemption for PRDs and emergency flaring, incorporate clarifications for the degassing requirements for floating roof storage vessels, and address other corrections and clarifications.

DATES: This final action is effective on April 4, 2024, published in the Federal Register April 4, 2024, page 23840.

View final rule.

§63.641 Definitions.
Definition of “Flare”RevisedView text
§63.643 Miscellaneous process vent provisions.
(c)(1)-(2)RevisedView text
§63.648 Equipment leak standards.
(j)(3)(iv), (j)(3)(v)(B) and (C), (j)(6) introductory text, and (j)(6)(ii)RevisedView text
§63.655 Reporting and recordkeeping requirements.
(g)RevisedView text
(i)(9)-(12)RevisedView text
§63.670 Requirements for flare control devices.
(b), (d) introductory text, (e), (l)(5) introductory text, (o)(4)(iv), (o)(6), (o)(7)(ii) through (o)(7)(v)RevisedView text
(d)(3)AddedView text
§63.671 Requirements for flare monitoring systems.
(e) introductory textRevisedView text
(e)(4), (f)AddedView text
Appendix to Subpart CC of Part 63—Tables
Table 13RevisedView text
§63.1100 Applicability.
(b), (g)(7)(iii)RevisedView text
§63.1102 Compliance schedule.
(c)(11), (d)(2)(ii), (e)(2)(iii)RevisedView text
§63.1103 Source category-specific applicability, definitions, and requirements.
(e)RevisedView text
§63.1107 Equipment leaks.
(h)(3)(iv), (h)(3)(v)(B) and (C), (h)(6) introductory text, and (h)(6)(ii)RevisedView text
§63.1109 Recordkeeping requirements.
(f)(2), (3), and (5), and (i)(2)RevisedView text
§63.1110 Reporting requirements.
(a)(10), (e)(4)(iii), (e)(4)(iv)(A) and (B), (e)(5)(iii), and (e)(8)(iii)RevisedView text
§63.2346 What emission limitations, operating limits, and work practice standards must I meet?
(a)(6) introductory text, (e)RevisedView text
(a)(6)(iv)AddedView text
§63.2378 How do I demonstrate continuous compliance with the emission limitations, operating limits, and work practice standards?
(e)RevisedView text
§63.2382 What notifications must I submit and when and what information should be submitted?
(d)RevisedView text
§63.2386 What reports must I submit and when and what information is to be submitted in each?
(f), (g), and (h)RevisedView text
(i)-(j)RemovedView text
§63.2406 What definitions apply to this subpart?
Definition of ”Force majeure event”RemovedView text
Table 12 to Subpart EEEE of Part 63—Applicability of General Provisions to Subpart EEEE
“63.9(k)”AddedView text
”63.7(a)(4)”“63.9(k)”RevisedView text
§63.2450 What are my general requirements for complying with this subpart?
(e)(1), (e)(5)(iv), (e)(5)(viii)(B), (e)(6)(i), (e)(7) introductory text, (v)(1)(i), (v)(1)(ii), and (v)(2)RevisedView text
§63.2460 What requirements must I meet for batch process vents?
(c)(9) introductory textView text
§63.2470 What requirements must I meet for storage tanks?
(f)RevisedView text
§63.2480 What requirements must I meet for equipment leaks?
(a), (e)(2)(ii), (e)(2)(iii), (e)(3)(iv), (e)(3)(v)(B), (e)(3)(v)(C), (e)(6)(ii), (f)(18)(iii), (f)(18)(vi), (f)(18)(x), and (f)(18)(xiii)RevisedView text
§63.2490 What requirements must I meet for heat exchange systems?
(a), (d) introductory text, and (d)(4)(iii) introductory text;RevisedView text
(e)AddedView text
§63.2492 How do I determine whether my process vent, storage tank, or equipment is in ethylene oxide service?
(b)RevisedView text
§63.2493 What requirements must I meet for process vents, storage tanks, or equipment that are in ethylene oxide service?
(a)(2)(vi) introductory text, (a)(2)(vi)(C), (a)(2)(viii), (b)(2), (b)(4) introductory text, (b)(4)(iv), (b)(6), (d)(1)(iii), (d)(2)(iii), (d)(3), (d)(4)(v), and (e) introductory textRevisedView text
§63.2515 What notifications must I submit and when?
(d)RevisedView text
§63.2520 What reports must I submit and when?
(d) introductory text, (e) introductory text, (e)(2), (e)(14)(iii), (e)(16), (f) and (g)RevisedView text
(d)(6)AddedView text
(h)-(i)RemovedView text
§63.2525 What records must I keep?
(o), (p)(2), (p)(3), (p)(5), (q)(2), (r)(1), (r)(4)(iv) introductory text, (r)(4)(iv)(B) and (r)(4)(iv)(C)RevisedView text
(r)(4)(iv)(D)AddedView text
§63.2550 What definitions apply to this subpart?
“In ethylene oxide service’”RevisedView text
Table 10 to Subpart FFFF of Part 63—Work Practice Standards for Heat Exchange Systems
Entire tableRevisedView text
Table 12 to Subpart FFFF of Part 63—Applicability of General Provisions to Subpart FFFF
Entry ”63.9(k)”RevisedView text

Previous Text

§63.641 Definitions.

* * * *

Flare means a combustion device lacking an enclosed combustion chamber that uses an uncontrolled volume of ambient air to burn gases. For the purposes of this rule, the definition of flare includes, but is not necessarily limited to, air-assisted flares, steam-assisted flares and non-assisted flares.

§63.643 Miscellaneous process vent provisions.

* * * *

(c)(1) Prior to venting to the atmosphere, process liquids are removed from the equipment as much as practical and the equipment is depressured to a control device meeting requirements in paragraphs (a)(1) or (2) of this section, a fuel gas system, or back to the process until one of the following conditions, as applicable, is met.

(i) The vapor in the equipment served by the maintenance vent has a lower explosive limit (LEL) of less than 10 percent.

(ii) If there is no ability to measure the LEL of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the LEL of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent.

(iii) The equipment served by the maintenance vent contains less than 72 pounds of total volatile organic compounds (VOC).

(iv) If the maintenance vent is associated with equipment containing pyrophoric catalyst (e.g., hydrotreaters and hydrocrackers) and a pure hydrogen supply is not available at the equipment at the time of the startup, shutdown, maintenance, or inspection activity, the LEL of the vapor in the equipment must be less than 20 percent, except for one event per year not to exceed 35 percent.

(v) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (c)(1)(i) through (iv) of this section can be met prior to installing or removing a blind flange or similar equipment blind, the pressure in the equipment served by the maintenance vent is reduced to 2 psig or less. Active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less.

(c)(2) Except for maintenance vents complying with the alternative in paragraph (c)(1)(iii) of this section, the owner or operator must determine the LEL or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications.

§63.648 Equipment leak standards.

* * * *

(j)(3)(iv) The owner or operator shall determine the total number of release events occurred during the calendar year for each affected pressure relief device separately. The owner or operator shall also determine the total number of release events for each pressure relief device for which the root cause analysis concluded that the root cause was a force majeure event, as defined in this subpart.

* * * *

(j)(3)(v)(B) A second release event not including force majeure events from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment.

(j)(3)(v)(C) A third release event not including force majeure events from a single pressure relief device in a 3 calendar year period for any reason.

* * * *

(j)(6) Root cause analysis and corrective action analysis. A root cause analysis and corrective action analysis must be completed as soon as possible, but no later than 45 days after a release event. Special circumstances affecting the number of root cause analyses and/or corrective action analyses are provided in paragraphs (j)(6)(i) through (iv) of this section.

* * * *

(j)(6)(ii) You may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices to release, regardless of the equipment served, if the root cause is reasonably expected to be a force majeure event, as defined in this subpart.

§63.655 Reporting and recordkeeping requirements.

* * * *

(g) The owner or operator of a source subject to this subpart shall submit Periodic Reports no later than 60 days after the end of each 6-month period when any of the information specified in paragraphs (g)(1) through (7) of this section or paragraphs (g)(9) through (14) of this section is collected. The first 6-month period shall begin on the date the Notification of Compliance Status report is required to be submitted. A Periodic Report is not required if none of the events identified in paragraphs (g)(1) through (7) of this section or paragraphs (g)(9) through (14) of this section occurred during the 6-month period unless emissions averaging is utilized. Quarterly reports must be submitted for emission points included in emission averages, as provided in paragraph (g)(8) of this section. An owner or operator may submit reports required by other regulations in place of or as part of the Periodic Report required by this paragraph (g) if the reports contain the information required by paragraphs (g)(1) through (14) of this section.

(1) For storage vessels, Periodic Reports shall include the information specified for Periodic Reports in paragraphs (g)(2) through (5) of this section. Information related to gaskets, slotted membranes, and sleeve seals is not required for storage vessels that are part of an existing source complying with §63.646.

(2) Internal floating roofs.(i) An owner or operator who elects to comply with §63.646 by using a fixed roof and an internal floating roof or by using an external floating roof converted to an internal floating roof shall submit the results of each inspection conducted in accordance with §63.120(a) of subpart G in which a failure is detected in the control equipment.

(A) For vessels for which annual inspections are required under §63.120(a)(2)(i) or (a)(3)(ii) of subpart G, the specifications and requirements listed in paragraphs (g)(2)(i)(A)(1) through (3) of this section apply.

(1) A failure is defined as any time in which the internal floating roof is not resting on the surface of the liquid inside the storage vessel and is not resting on the leg supports; or there is liquid on the floating roof; or the seal is detached from the internal floating roof; or there are holes, tears, or other openings in the seal or seal fabric; or there are visible gaps between the seal and the wall of the storage vessel.

(2) Except as provided in paragraph (g)(2)(i)(A)(3) of this section, each Periodic Report shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made or the date the storage vessel was emptied.

(3) If an extension is utilized in accordance with §63.120(a)(4) of subpart G, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in §63.120(a)(4) of subpart G; and describe the date the storage vessel was emptied and the nature of and date the repair was made.

(B) For vessels for which inspections are required under §63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G (i.e., internal inspections), the specifications and requirements listed in paragraphs (g)(2)(i)(B)(1) and (2) of this section apply.

(1) A failure is defined as any time in which the internal floating roof has defects; or the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal (if one has been installed) has holes, tears, or other openings in the seal or the seal fabric; or, for a storage vessel that is part of a new source, the gaskets no longer close off the liquid surface from the atmosphere; or, for a storage vessel that is part of a new source, the slotted membrane has more than a 10 percent open area.

(2) Each Periodic Report shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made.

(ii) An owner or operator who elects to comply with §63.660 by using a fixed roof and an internal floating roof shall submit the results of each inspection conducted in accordance with §63.1063(c)(1), (d)(1), and (d)(2) of subpart WW in which a failure is detected in the control equipment. For vessels for which inspections are required under §63.1063(c) and (d), the specifications and requirements listed in paragraphs (g)(2)(ii)(A) through (C) of this section apply.

(A) A failure is defined in §63.1063(d)(1) of subpart WW.

(B) Each Periodic Report shall include a copy of the inspection record required by §63.1065(b) of subpart WW when a failure occurs.

(C) An owner or operator who elects to use an extension in accordance with §63.1063(e)(2) of subpart WW shall, in the next Periodic Report, submit the documentation required by §63.1063(e)(2).

(3) External floating roofs.(i) An owner or operator who elects to comply with §63.646 by using an external floating roof shall meet the periodic reporting requirements specified in paragraphs (g)(3)(i)(A) through (C) of this section.

(A) The owner or operator shall submit, as part of the Periodic Report, documentation of the results of each seal gap measurement made in accordance with §63.120(b) of subpart G in which the seal and seal gap requirements of §63.120(b)(3), (4), (5), or (6) of subpart G are not met. This documentation shall include the information specified in paragraphs (g)(3)(i)(A)(1) through (4) of this section.

(1) The date of the seal gap measurement.

(2) The raw data obtained in the seal gap measurement and the calculations described in §63.120(b)(3) and (4) of subpart G.

(3) A description of any seal condition specified in §63.120(b)(5) or (6) of subpart G that is not met.

(4) A description of the nature of and date the repair was made, or the date the storage vessel was emptied.

(B) If an extension is utilized in accordance with §63.120(b)(7)(ii) or (b)(8) of subpart G, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in §63.120(b)(7)(ii) or (b)(8) of subpart G, as applicable; and describe the date the vessel was emptied and the nature of and date the repair was made.

(C) The owner or operator shall submit, as part of the Periodic Report, documentation of any failures that are identified during visual inspections required by §63.120(b)(10) of subpart G. This documentation shall meet the specifications and requirements in paragraphs (g)(3)(i)(C)(1) and (2) of this section.

(1) A failure is defined as any time in which the external floating roof has defects; or the primary seal has holes or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or, for a storage vessel that is part of a new source, the gaskets no longer close off the liquid surface from the atmosphere; or, for a storage vessel that is part of a new source, the slotted membrane has more than 10 percent open area.

(2) Each Periodic Report shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made.

(ii) An owner or operator who elects to comply with §63.660 by using an external floating roof shall meet the periodic reporting requirements specified in paragraphs (g)(3)(ii)(A) and (B) of this section.

(A) For vessels for which inspections are required under §63.1063(c)(2), (d)(1), and (d)(3) of subpart WW, the owner or operator shall submit, as part of the Periodic Report, a copy of the inspection record required by §63.1065(b) of subpart WW when a failure occurs. A failure is defined in §63.1063(d)(1).

(B) An owner or operator who elects to use an extension in accordance with §63.1063(e)(2) or (c)(2)(iv)(B) of subpart WW shall, in the next Periodic Report, submit the documentation required by those paragraphs.

(4) [Reserved]

(5) An owner or operator who elects to comply with §63.646 or §63.660 by installing a closed vent system and control device shall submit, as part of the next Periodic Report, the information specified in paragraphs (g)(5)(i) through (v) of this section, as applicable.

(i) The Periodic Report shall include the information specified in paragraphs (g)(5)(i)(A) and (B) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of either §63.119(e)(1) or (2) of subpart G, §63.985(a) and (b) of subpart SS or §63.670, as applicable.

(A) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.

(B) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of either §63.119(e)(1) or (2) of subpart G, §63.985(a) and (b) of subpart SS or §63.670, as applicable, due to planned routine maintenance.

(ii) If a control device other than a flare is used, the Periodic Report shall describe each occurrence when the monitored parameters were outside of the parameter ranges documented in the Notification of Compliance Status report. The description shall include: Identification of the control device for which the measured parameters were outside of the established ranges, and causes for the measured parameters to be outside of the established ranges.

(iii) If a flare is used prior to January 30, 2019 and prior to electing to comply with the requirements in §63.670, the Periodic Report shall describe each occurrence when the flare does not meet the general control device requirements specified in §63.11(b) of subpart A and shall include: Identification of the flare that does not meet the general requirements specified in §63.11(b) of subpart A, and reasons the flare did not meet the general requirements specified in §63.11(b) of subpart A.

(iv) If a flare is used on or after the date for which compliance with the requirements in §63.670 is elected, which can be no later than January 30, 2019, the Periodic Report shall include the items specified in paragraph (g)(11) of this section.

(v) An owner or operator who elects to comply with §63.660 by installing an alternate control device as described in §63.1064 of subpart WW shall submit, as part of the next Periodic Report, a written application as described in §63.1066(b)(3) of subpart WW.

(6) For miscellaneous process vents for which continuous parameter monitors are required by this subpart, periods of excess emissions shall be identified in the Periodic Reports and shall be used to determine compliance with the emission standards.

(i) Period of excess emission means any of the following conditions:

(A) An operating day when the daily average value of a monitored parameter, except presence of a flare pilot flame, is outside the range specified in the Notification of Compliance Status report. Monitoring data recorded during periods of monitoring system breakdown, repairs, calibration checks and zero (low-level) and high-level adjustments shall not be used in computing daily average values of monitored parameters.

(B) An operating day when all pilot flames of a flare are absent.

(C) An operating day when monitoring data required to be recorded in paragraphs (i)(3) (i) and (ii) of this section are available for less than 75 percent of the operating hours.

(D) For data compression systems under paragraph (h)(5)(iii) of this section, an operating day when the monitor operated for less than 75 percent of the operating hours or a day when less than 18 monitoring values were recorded.

(ii) For miscellaneous process vents, excess emissions shall be reported for the operating parameters specified in table 10 of this subpart unless other site-specific parameter(s) have been approved by the operating permit authority.

(iii) For periods in closed vent systems when a Group 1 miscellaneous process vent stream was detected in the bypass line or diverted from the control device and either directly to the atmosphere or to a control device that does not comply with the requirements in §63.643(a), report the date, time, duration, estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting mass emissions of organic HAP that bypassed the control device. For periods when the flow indicator is not operating, report the date, time, and duration.

(7) If a performance test for determination of compliance for a new emission point subject to this subpart or for an emission point that has changed from Group 2 to Group 1 is conducted during the period covered by a Periodic Report, the results of the performance test shall be included in the Periodic Report.

(i) Results of the performance test shall include the identification of the source tested, the date of the test, the percentage of emissions reduction or outlet pollutant concentration reduction (whichever is needed to determine compliance) for each run and for the average of all runs, and the values of the monitored operating parameters.

(ii) The complete test report shall be maintained onsite.

(8) The owner or operator of a source shall submit quarterly reports for all emission points included in an emissions average.

(i) The quarterly reports shall be submitted no later than 60 calendar days after the end of each quarter. The first report shall be submitted with the Notification of Compliance Status report no later than 150 days after the compliance date specified in §63.640.

(ii) The quarterly reports shall include:

(A) The information specified in this paragraph and in paragraphs (g)(2) through (g)(7) of this section for all storage vessels and miscellaneous process vents included in an emissions average;

(B) The information required to be reported by §63.428 (h)(1), (h)(2), and (h)(3) for each gasoline loading rack included in an emissions average, unless this information has already been submitted in a separate report;

(C) The information required to be reported by §63.567(e)(4) and (j)(3) of subpart Y for each marine tank vessel loading operation included in an emissions average, unless the information has already been submitted in a separate report;

(D) Any information pertaining to each wastewater stream included in an emissions average that the source is required to report under the Implementation Plan for the source;

(E) The credits and debits calculated each month during the quarter;

(F) A demonstration that debits calculated for the quarter are not more than 1.30 times the credits calculated for the quarter, as required under §§63.652(e)(4);

(G) The values of any inputs to the credit and debit equations in §63.652 (g) and (h) that change from month to month during the quarter or that have changed since the previous quarter; and

(H) Any other information the source is required to report under the Implementation Plan for the source.

(iii) Every fourth quarterly report shall include the following:

(A) A demonstration that annual credits are greater than or equal to annual debits as required by §63.652(e)(3); and

(B) A certification of compliance with all the emissions averaging provisions in §63.652 of this subpart.

(9) For heat exchange systems, Periodic Reports must include the following information:

(i) The number of heat exchange systems at the plant site subject to the monitoring requirements in §63.654.

(ii) The number of heat exchange systems at the plant site found to be leaking.

(iii) For each monitoring location where the total strippable hydrocarbon concentration was determined to be equal to or greater than the applicable leak definitions specified in §63.654(c)(6), identification of the monitoring location (e.g., unique monitoring location or heat exchange system ID number), the measured total strippable hydrocarbon concentration, the date the leak was first identified, and, if applicable, the date the source of the leak was identified;

(iv) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration measured during re-monitoring to verify repair, and the re-monitoring date (i.e., the effective date of repair); and

(v) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate of the potential strippable hydrocarbon emissions over the reporting period associated with the delayed repair.

(10) For pressure relief devices subject to the requirements §63.648(j), Periodic Reports must include the information specified in paragraphs (g)(10)(i) through (iv) of this section.

(i) For pressure relief devices in organic HAP gas or vapor service, pursuant to §63.648(j)(1), report any instrument reading of 500 ppm or greater.

(ii) For pressure relief devices in organic HAP gas or vapor service subject to §63.648(j)(2), report confirmation that any monitoring required to be done during the reporting period to show compliance was conducted.

(iii) For pilot-operated pressure relief devices in organic HAP service, report each pressure release to the atmosphere through the pilot vent that equals or exceeds 72 pounds of VOC per day, including duration of the pressure release through the pilot vent and estimate of the mass quantity of each organic HAP released.

(iv) For pressure relief devices in organic HAP service subject to §63.648(j)(3), report each pressure release to the atmosphere, including duration of the pressure release and estimate of the mass quantity of each organic HAP released, and the results of any root cause analysis and corrective action analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period.

(11) For flares subject to §63.670, Periodic Reports must include the information specified in paragraphs (g)(11)(i) through (iv) of this section.

(i) Records as specified in paragraph (i)(9)(i) of this section for each 15-minute block during which there was at least one minute when regulated material is routed to a flare and no pilot flame is present.

(ii) Visible emission records as specified in paragraph (i)(9)(ii)(C) of this section for each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes.

(iii) The 15-minute block periods for which the applicable operating limits specified in §63.670(d) through (f) are not met. Indicate the date and time for the period, the net heating value operating parameter(s) determined following the methods in §63.670(k) through (n) as applicable.

(iv) For flaring events meeting the criteria in §63.670(o)(3):

(A) The start and stop time and date of the flaring event.

(B) The length of time for which emissions were visible from the flare during the event.

(C) The periods of time that the flare tip velocity exceeds the maximum flare tip velocity determined using the methods in §63.670(d)(2) and the maximum 15-minute block average flare tip velocity recorded during the event.

(D) Results of the root cause and corrective actions analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period.

(12) For delayed coking units, the Periodic Report must include the information specified in paragraphs (g)(12)(i) through (iv) of this section.

(i) For existing source delayed coking units, any 60-cycle average exceeding the applicable limit in §63.657(a)(1).

(ii) For new source delayed coking units, any direct venting event exceeding the applicable limit in §63.657(a)(2).

(iii) The total number of double quenching events performed during the reporting period.

(iv) For each double quenching draining event when the drain water temperature exceeded 210°F, report the drum, date, time, the coke drum vessel pressure or temperature, as applicable, when pre-vent draining was initiated, and the maximum drain water temperature during the pre-vent draining period.

(13) For maintenance vents subject to the requirements in §63.643(c), Periodic Reports must include the information specified in paragraphs (g)(13)(i) through (iv) of this section for any release exceeding the applicable limits in §63.643(c)(1). For the purposes of this reporting requirement, owners or operators complying with §63.643(c)(1)(iv) must report each venting event for which the lower explosive limit is 20 percent or greater; owners or operators complying with §63.643(c)(1)(v) must report each venting event conducted under those provisions and include an explanation for each event as to why utilization of this alternative was required.

(i) Identification of the maintenance vent and the equipment served by the maintenance vent.

(ii) The date and time the maintenance vent was opened to the atmosphere.

(iii) The lower explosive limit, vessel pressure, or mass of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in §63.643(c)(1)(ii) was used and active purging was initiated while the lower explosive limit was 10 percent or greater, also include the lower explosive limit of the vapors at the time active purging was initiated.

(iv) An estimate of the mass of organic HAP released during the entire atmospheric venting event.

(14) Any changes in the information provided in a previous Notification of Compliance Status report.

* * * *

(i)(9) For each flare subject to §63.670, each owner or operator shall keep the records specified in paragraphs (i)(9)(i) through (xii) of this section up-to-date and readily accessible, as applicable.

(i) Retain records of the output of the monitoring device used to detect the presence of a pilot flame as required in §63.670(b) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame is present when regulated material is routed to a flare for a minimum of 5 years.

(ii) Retain records of daily visible emissions observations or video surveillance images required in §63.670(h) as specified in the paragraphs (i)(9)(ii)(A) through (C), as applicable, for a minimum of 3 years.

(A) If visible emissions observations are performed using Method 22 at 40 CFR part 60, appendix A-7, the record must identify whether the visible emissions observation was performed, the results of each observation, total duration of observed visible emissions, and whether it was a 5-minute or 2-hour observation. If the owner or operator performs visible emissions observations more than one time during a day, the record must also identify the date and time of day each visible emissions observation was performed.

(B) If video surveillance camera is used, the record must include all video surveillance images recorded, with time and date stamps.

(C) For each 2 hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours, the record must include the date and time of the 2 hour period and an estimate of the cumulative number of minutes in the 2 hour period for which emissions were visible.

(iii) The 15-minute block average cumulative flows for flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under §63.670(i), along with the date and time interval for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, retain records of the 15-minute block average temperature, pressure and molecular weight of the flare vent gas or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years.

(iv) The flare vent gas compositions specified to be monitored under §63.670(j). Retain records of individual component concentrations from each compositional analyses for a minimum of 2 years. If NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years.

(v) Each 15-minute block average operating parameter calculated following the methods specified in §63.670(k) through (n), as applicable.

(vi) [Reserved]

(vii) All periods during which operating values are outside of the applicable operating limits specified in §63.670(d) through (f) when regulated material is being routed to the flare.

(viii) All periods during which the owner or operator does not perform flare monitoring according to the procedures in §63.670(g) through (j).

(ix) Records of periods when there is flow of vent gas to the flare, but when there is no flow of regulated material to the flare, including the start and stop time and dates of periods of no regulated material flow.

(x) Records when the flow of vent gas exceeds the smokeless capacity of the flare, including start and stop time and dates of the flaring event.

(xi) Records of the root cause analysis and corrective action analysis conducted as required in §63.670(o)(3), including an identification of the affected facility, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under §63.670(o)(5)(i).

(xii) For any corrective action analysis for which implementation of corrective actions are required in §63.670(o)(5), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates.

(10) [Reserved]

(11) For each pressure relief device subject to the pressure release management work practice standards in §63.648(j)(3), the owner or operator shall keep the records specified in paragraphs (i)(11)(i) through (iii) of this section. For each pilot-operated pressure relief device subject to the requirements at §63.648(j)(3), the owner or operator shall keep the records specified in paragraph (i)(11)(iv) of this section.

(i) Records of the prevention measures implemented as required in §63.648(j)(3)(ii), if applicable.

(ii) Records of the number of releases during each calendar year and the number of those releases for which the root cause was determined to be a force majeure event. Keep these records for the current calendar year and the past five calendar years.

(iii) For each release to the atmosphere, the owner or operator shall keep the records specified in paragraphs (i)(11)(iii)(A) through (D) of this section.

(A) The start and end time and date of each pressure release to the atmosphere.

(B) Records of any data, assumptions, and calculations used to estimate of the mass quantity of each organic HAP released during the event.

(C) Records of the root cause analysis and corrective action analysis conducted as required in §63.648(j)(3)(iii), including an identification of the affected facility, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under §63.648(j)(7)(i).

(D) For any corrective action analysis for which implementation of corrective actions are required in §63.648(j)(7), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates.

(iv) For pilot-operated pressure relief devices, general or release-specific records for estimating the quantity of VOC released from the pilot vent during a release event, and records of calculations used to determine the quantity of specific HAP released for any event or series of events in which 72 or more pounds of VOC are released in a day.

(12) For each maintenance vent opening subject to the requirements in §63.643(c), the owner or operator shall keep the applicable records specified in paragraphs (i)(12)(i) through (vi) of this section.

(i) The owner or operator shall maintain standard site procedures used to deinventory equipment for safety purposes (e.g., hot work or vessel entry procedures) to document the procedures used to meet the requirements in §63.643(c). The current copy of the procedures shall be retained and available on-site at all times. Previous versions of the standard site procedures, is applicable, shall be retained for five years.

(ii) If complying with the requirements of §63.643(c)(1)(i) and the lower explosive limit at the time of the vessel opening exceeds 10 percent, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the lower explosive limit at the time of the vessel opening.

(iii) If complying with the requirements of §63.643(c)(1)(ii) and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the lower explosive limit at the time of the active purging was initiated exceeds 10 percent, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the lower explosive limit of the vapors in the equipment when active purging was initiated.

(iv) If complying with the requirements of §63.643(c)(1)(iii), records used to estimate the total quantity of VOC in the equipment and the type and size limits of equipment that contain less than 72 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening for which the deinventory procedures specified in paragraph (i)(12)(i) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere.

(v) If complying with the requirements of §63.643(c)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting the lack of a pure hydrogen supply, the date of maintenance vent opening, and the lower explosive limit of the vapors in the equipment at the time of discharge to the atmosphere for each applicable maintenance vent opening.

(vi) If complying with the requirements of §63.643(c)(1)(v), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and lower explosive limit of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening.

§63.670 Requirements for flare control devices.

* * * *

(b) Pilot flame presence. The owner or operator shall operate each flare with a pilot flame present at all times when regulated material is routed to the flare. Each 15-minute block during which there is at least one minute where no pilot flame is present when regulated material is routed to the flare is a deviation of the standard. Deviations in different 15-minute blocks from the same event are considered separate deviations. The owner or operator shall monitor for the presence of a pilot flame as specified in paragraph (g) of this section.

* * * *

(d) Flare tip velocity. For each flare, the owner or operator shall comply with either paragraph (d)(1) or (2) of this section, provided the appropriate monitoring systems are in-place, whenever regulated material is routed to the flare for at least 15-minutes and the flare vent gas flow rate is less than the smokeless design capacity of the flare.

* * * *

(e) Combustion zone operating limits. For each flare, the owner or operator shall operate the flare to maintain the net heating value of flare combustion zone gas (NHVcz) at or above 270 British thermal units per standard cubic feet (Btu/scf) determined on a 15-minute block period basis when regulated material is routed to the flare for at least 15-minutes. The owner or operator shall monitor and calculate NHVcz as specified in paragraph (m) of this section.

* * * *

(5) When a continuous monitoring system is used as provided in paragraph (j)(1) or (3) of this section and, if applicable, paragraph (j)(4) of this section, the owner or operator may elect to determine the 15-minute block average NHVvg using either the calculation methods in paragraph (l)(5)(i) of this section or the calculation methods in paragraph (l)(5)(ii) of this section. The owner or operator may choose to comply using the calculation methods in paragraph (l)(5)(i) of this section for some flares at the petroleum refinery and comply using the calculation methods (l)(5)(ii) of this section for other flares. However, for each flare, the owner or operator must elect one calculation method that will apply at all times, and use that method for all continuously monitored flare vent streams associated with that flare. If the owner or operator intends to change the calculation method that applies to a flare, the owner or operator must notify the Administrator 30 days in advance of such a change.

(i) Feed-forward calculation method. When calculating NHVvg for a specific 15-minute block:

(A) Use the results from the first sample collected during an event, (for periodic flare vent gas flow events) for the first 15-minute block associated with that event.

(B) If the results from the first sample collected during an event (for periodic flare vent gas flow events) are not available until after the second 15-minute block starts, use the results from the first sample collected during an event for the second 15-minute block associated with that event.

(C) For all other cases, use the results that are available from the most recent sample prior to the 15-minute block period for that 15-minute block period for all flare vent gas steams. For the purpose of this requirement, use the time that the results become available rather than the time the sample was collected. For example, if a sample is collected at 12:25 a.m. and the analysis is completed at 12:38 a.m., the results are available at 12:38 a.m. and these results would be used to determine compliance during the 15-minute block period from 12:45 a.m. to 1:00 a.m.

(ii) Direct calculation method. When calculating NHVvg for a specific 15-minute block:

(A) If the results from the first sample collected during an event (for periodic flare vent gas flow events) are not available until after the second 15-minute block starts, use the results from the first sample collected during an event for the first 15-minute block associated with that event.

(B) For all other cases, use the arithmetic average of all NHVvg measurement data results that become available during a 15-minute block to calculate the 15-minute block average for that period. For the purpose of this requirement, use the time that the results become available rather than the time the sample was collected. For example, if a sample is collected at 12:25 a.m. and the analysis is completed at 12:38 a.m., the results are available at 12:38 a.m. and these results would be used to determine compliance during the 15-minute block period from 12:30 a.m. to 12:45 a.m.

* * * *

(o)(4)(iv) You may conduct a single root cause analysis and corrective action analysis for a single event that causes two or more flares to have a flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of this section, regardless of the configuration of the flares, if the root cause is reasonably expected to be a force majeure event, as defined in this subpart.

* * * *

(o)(6) The owner or operator shall determine the total number of events for which a root cause and corrective action analyses was required during the calendar year for each affected flare separately for events meeting the criteria in paragraph (o)(3)(i) of this section and those meeting the criteria in paragraph (o)(3)(ii) of this section. For the purpose of this requirement, a single root cause analysis conducted for an event that met both of the criteria in paragraphs (o)(3)(i) and (ii) of this section would be counted as an event under each of the separate criteria counts for that flare. Additionally, if a single root cause analysis was conducted for an event that caused multiple flares to meet the criteria in paragraph (o)(3)(i) or (ii) of this section, that event would count as an event for each of the flares for each criteria in paragraph (o)(3) of this section that was met during that event. The owner or operator shall also determine the total number of events for which a root cause and correct action analyses was required and the analyses concluded that the root cause was a force majeure event, as defined in this subpart.

* * * *

(o)(7)(ii) Two visible emissions exceedance events meeting the criteria in paragraph (o)(3)(i) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for the same root cause for the same equipment.

(iii) Two flare tip velocity exceedance events meeting the criteria in paragraph (o)(3)(ii) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for the same root cause for the same equipment.

(iv) Three visible emissions exceedance events meeting the criteria in paragraph (o)(3)(i) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for any reason.

(v) Three flare tip velocity exceedance events meeting the criteria in paragraph (o)(3)(ii) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for any reason.

§63.671 Requirements for flare monitoring systems.

* * * *

(e) Additional requirements for gas chromatographs. For monitors used to determine compositional analysis for net heating value per §63.670(j)(1), the gas chromatograph must also meet the requirements of paragraphs (e)(1) through (3) of this section.

Appendix to Subpart CC of Part 63—Tables

* * * *

Table 13 - Calibration and Quality Control Requirements for CPMS
ParameterMinimum accuracy requirementsCalibration requirements
Temperature±1 percent over the normal range of temperature measured, expressed in degrees Celsius (C), or 2.8 degrees C, whichever is greaterConduct calibration checks at least annually; conduct calibration checks following any period of more than 24 hours throughout which the temperature exceeded the manufacturer's specified maximum rated temperature or install a new temperature sensor.
At least quarterly, inspect all components for integrity and all electrical connections for continuity, oxidation, and galvanic corrosion, unless the CPMS has a redundant temperature sensor.
Record the results of each calibration check and inspection.
Locate the temperature sensor in a position that provides a representative temperature; shield the temperature sensor system from electromagnetic interference and chemical contaminants.
Flow Rate for All Flows Other Than Flare Vent Gas±5 percent over the normal range of flow measured or 1.9 liters per minute (0.5 gallons per minute), whichever is greater, for liquid flowConduct a flow sensor calibration check at least biennially (every two years); conduct a calibration check following any period of more than 24 hours throughout which the flow rate exceeded the manufacturer's specified maximum rated flow rate or install a new flow sensor.
±5 percent over the normal range of flow measured or 280 liters per minute (10 cubic feet per minute), whichever is greater, for gas flowAt least quarterly, inspect all components for leakage, unless the CPMS has a redundant flow sensor.
±5 percent over the normal range measured for mass flowRecord the results of each calibration check and inspection.
Locate the flow sensor(s) and other necessary equipment (such as straightening vanes) in a position that provides representative flow; reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances.
Flare Vent Gas Flow Rate±20 percent of flow rate at velocities ranging from 0.03 to 0.3 meters per second (0.1 to 1 feet per second)
±5 percent of flow rate at velocities greater than 0.3 meters per second (1 feet per second)
Conduct a flow sensor calibration check at least biennially (every two years); conduct a calibration check following any period of more than 24 hours throughout which the flow rate exceeded the manufacturer's specified maximum rated flow rate or install a new flow sensor.
At least quarterly, inspect all components for leakage, unless the CPMS has a redundant flow sensor.
Record the results of each calibration check and inspection.
Locate the flow sensor(s) and other necessary equipment (such as straightening vanes) in a position that provides representative flow; reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances.
Pressure±5 percent over the normal operating range or 0.12 kilopascals (0.5 inches of water column), whichever is greaterReview pressure sensor readings at least once a week for straightline (unchanging) pressure and perform corrective action to ensure proper pressure sensor operation if blockage is indicated.
Using an instrument recommended by the sensor's manufacturer, check gauge calibration and transducer calibration annually; conduct calibration checks following any period of more than 24 hours throughout which the pressure exceeded the manufacturer's specified maximum rated pressure or install a new pressure sensor.
At least quarterly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage, unless the CPMS has a redundant pressure sensor.
Record the results of each calibration check and inspection.
Locate the pressure sensor(s) in a position that provides a representative measurement of the pressure and minimizes or eliminates pulsating pressure, vibration, and internal and external corrosion.
Net Heating Value by Calorimeter±2 percent of spanSpecify calibration requirements in your site specific CPMS monitoring plan. Calibration requirements should follow manufacturer's recommendations at a minimum.
Temperature control (heated and/or cooled as necessary) the sampling system to ensure proper year-round operation.
Where feasible, select a sampling location at least two equivalent diameters downstream from and 0.5 equivalent diameters upstream from the nearest disturbance. Select the sampling location at least two equivalent duct diameters from the nearest control device, point of pollutant generation, air in-leakages, or other point at which a change in the pollutant concentration or emission rate occurs.
Net Heating Value by Gas ChromatographAs specified in Performance Specification 9 of 40 CFR part 60, appendix BFollow the procedure in Performance Specification 9 of 40 CFR part 60,appendix B, except that a single daily mid-level calibration check can be used (rather than triplicate analysis), the multi-point calibration can be conducted quarterly (rather than monthly), and the sampling line temperature must be maintained at a minimum temperature of 60°C (rather than 120°C).
Hydrogen analyzer±2 percent over the concentration measured or 0.1 volume percent, whichever is greaterSpecify calibration requirements in your site specific CPMS monitoring plan. Calibration requirements should follow manufacturer's recommendations at a minimum.
Where feasible, select the sampling location at least two equivalent duct diameters from the nearest control device, point of pollutant generation, air in-leakages, or other point at which a change in the pollutant concentration occurs.

§63.1100 Applicability.

* * * *

(b) Subpart A requirements. The following provisions of subpart A of this part (General Provisions), §§63.1 through 63.5, and §§63.12 through 63.15, apply to owners or operators of affected sources subject to this subpart. For sources that reclassify from major source to area source status, the applicable provisions of §63.9(j) and (k) apply. Beginning no later than the compliance dates specified in §63.1102(c), for ethylene production affected sources, §§63.7(a)(4), (c), (e)(4), and (g)(2) and 63.10(b)(2)(vi) also apply.

* * * *

(iii) Beginning no later than the compliance dates specified in §63.1102(c), flares subject to the requirements in 40 CFR part 63, subpart CC and used as a control device for an emission point subject to the requirements in Table 7 to §63.1103(e) are only required to comply with the flare requirements in 40 CFR part 63, subpart CC. This paragraph does not apply to multi-point pressure assisted flares.

§63.1102 Compliance schedule.

* * * *

(c)(11) The requirements in §63.1108(a)(4)(i), (b)(1)(ii), (b)(2), and (b)(4)(ii)(B).

* * * *

(d)(2)(ii) The compliance requirements specified in §63.1108(a)(4)(i), (b)(1)(ii), (b)(2), and (b)(4)(ii)(B).

* * * *

(e)(2)(iii) The compliance requirements specified in §63.1108(a)(4)(i), (b)(1)(ii), (b)(2), and (b)(4)(ii)(B).

§63.1103 Source category-specific applicability, definitions, and requirements.

* * * *

(e) Ethylene production applicability, definitions, and requirements- (1) Applicability- (i) Affected source. For the ethylene production (as defined in paragraph (e)(2) of this section) source category, the affected source comprises all emission points listed in paragraphs (e)(1)(i)(A) through (G) of this section that are associated with an ethylene production unit that is located at a major source, as defined in section 112(a) of the Act.

(A) All storage vessels (as defined in §63.1101) that store liquids containing organic HAP.

(B) All ethylene process vents (as defined in paragraph (e)(2) of this section) from continuous unit operations.

(C) All transfer racks (as defined in paragraph (e)(2) of this section) that load HAP-containing material.

(D) Equipment (as defined in §63.1101) that contains or contacts organic HAP.

(E) All waste streams (as defined in paragraph (e)(2) of this section) associated with an ethylene production unit.

(F) All heat exchange systems (as defined in §63.1082(b)) associated with an ethylene production unit.

(G) All ethylene cracking furnaces and associated decoking operations.

(ii) Exceptions. The emission points listed in paragraphs (e)(1)(ii) (A) through (L) of this section are in the ethylene production source category but are not subject to the requirements of paragraph (e)(3) of this section.

(A) Equipment that is located within an ethylene production unit that is subject to this subpart but does not contain organic HAP.

(B) Stormwater from segregated sewers.

(C) Water from fire-fighting and deluge systems in segregated sewers.

(D) Spills.

(E) Water from safety showers.

(F) Water from testing of fire-fighting and deluge systems.

(G) Vessels storing organic liquids that contain organic HAP as impurities.

(H) Transfer racks, loading arms, or loading hoses that only transfer liquids containing organic HAP as impurities.

(I) Transfer racks, loading arms, or loading hoses that vapor balance during all transfer operations.

(J) Air emissions from all ethylene cracking furnaces.

(K) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere.

(L) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships.

(iii) Exclusions. The provisions of this subpart do not apply to process units and emission points subject to subparts F, G, H, I and CC of this part.

(iv) Compliance schedule. The compliance schedule for the ethylene production source category is specified in §63.1102.

(2) Definitions. Ethylene process vent means a gas stream with a flow rate greater than 0.005 standard cubic meters per minute containing greater than 20 parts per million by volume HAP that is continuously discharged during operation of an ethylene production unit, as defined in this section. Ethylene process vents are gas streams that are discharged to the atmosphere (or the point of entry into a control device, if any) either directly or after passing through one or more recovery devices. Ethylene process vents do not include relief valve discharges; gaseous streams routed to a fuel gas system; leaks from equipment regulated under this subpart; episodic or nonroutine releases such as those associated with startup, shutdown, and malfunction; and in situ sampling systems (online analyzers).

Decoking operation means the coke combustion activity that occurs inside the radiant tube(s) in the ethylene cracking furnace firebox. Coke combustion activities during decoking can also occur in other downstream equipment such as the process gas outlet piping and transfer line exchangers or quench points.

Ethylene process vent means a gas stream with a flow rate greater than 0.005 standard cubic meters per minute containing greater than 20 parts per million by volume HAP that is continuously discharged during operation of an ethylene production unit. On and after July 6, 2023, ethylene process vent means a gas stream with a flow rate greater than 0.005 standard cubic meters per minute containing greater than 20 parts per million by volume HAP that is continuously or periodically discharged during operation of an ethylene production unit. Ethylene process vents are gas streams that are discharged to the atmosphere (or the point of entry into a control device, if any) either directly or after passing through one or more recovery devices. Ethylene process vents do not include:

(A) Pressure relief device discharges;

(B) Gaseous streams routed to a fuel gas system, including any flares using fuel gas, of which less than 50 percent of the fuel gas is derived from an ethylene production unit;

(C) Gaseous streams routed to a fuel gas system whereby any flares using fuel gas, of which 50 percent or more of the fuel gas is derived from an ethylene production unit, comply with §63.1103(e)(4) beginning no later than the compliance dates specified in §63.1102(c);

(D) Leaks from equipment regulated under this subpart;

(E) Episodic or nonroutine releases such as those associated with startup, shutdown, and malfunction until July 6, 2023;

(F) In situ sampling systems (online analyzers) until July 6, 2023; and

(G) Coke combustion emissions from decoking operations beginning no later than the compliance dates specified in §63.1102(c).

Ethylene production or production unit means a chemical manufacturing process unit in which ethylene and/or propylene are produced by separation from petroleum refining process streams or by subjecting hydrocarbons to high temperatures in the presence of steam. The ethylene production unit includes the separation of ethylene and/or propylene from associated streams such as a C4 product, pyrolysis gasoline, and pyrolysis fuel oil. Ethylene production does not include the manufacture of SOCMI chemicals such as the production of butadiene from the C4 stream and aromatics from pyrolysis gasoline.

Force majeure event means a release of HAP, either directly to the atmosphere from a pressure relief device or discharged via a flare, that is demonstrated to the satisfaction of the Administrator to result from an event beyond the owner or operator's control, such as natural disasters; acts of war or terrorism; loss of a utility external to the ethylene production unit (e.g., external power curtailment), excluding power curtailment due to an interruptible service agreement; and fire or explosion originating at a near or adjoining facility outside of the ethylene production unit that impacts the ethylene production unit's ability to operate.Force majeure event means a release of HAP, either directly to the atmosphere from a pressure relief device or discharged via a flare, that is demonstrated to the satisfaction of the Administrator to result from an event beyond the owner or operator's control, such as natural disasters; acts of war or terrorism; loss of a utility external to the ethylene production unit (e.g., external power curtailment), excluding power curtailment due to an interruptible service agreement; and fire or explosion originating at a near or adjoining facility outside of the ethylene production unit that impacts the ethylene production unit's ability to operate.

Heat exchange system means any cooling tower system or once-through cooling water system (e.g., river or pond water). A heat exchange system can include an entire recirculating or once-through cooling system.

Organic HAP means the compounds listed in Table 1 to subpart XX of this part.

Pressure-assisted multi-point flare means a flare system consisting of multiple flare burners in staged arrays whereby the vent stream pressure is used to promote mixing and smokeless operation at the flare burner tips. Pressure-assisted multi-point flares are designed for smokeless operation at velocities up to Mach = 1 conditions (i.e., sonic conditions), can be elevated or at ground level, and typically use cross-lighting for flame propagation to combust any flare vent gases sent to a particular stage of flare burners.

Pressure relief device means a valve, rupture disk, or similar device used only to release an unplanned, nonroutine discharge of gas from process equipment in order to avoid safety hazards or equipment damage. A pressure relief device discharge can result from an operator error, a malfunction such as a power failure or equipment failure, or other unexpected cause. Such devices include conventional, spring-actuated relief valves, balanced bellows relief valves, pilot-operated relief valves, rupture disks, and breaking, buckling, or shearing pin devices. Devices that are actuated either by a pressure of less than or equal to 2.5 pounds per square inch gauge or by a vacuum are not pressure relief devices.

Periodically discharged means gas stream discharges that are intermittent for which the total organic HAP concentration is greater than 20 parts per million by volume and total volatile organic compound emissions are 50 pounds per day or more. These intermittent discharges are associated with routine operations, maintenance activities, startups, shutdowns, malfunctions, or process upsets and do not include pressure relief device discharges or discharges classified as maintenance vents.

Radiant tube(s) means any portion of the tube coil assembly located within the ethylene cracking furnace firebox whereby a thermal cracking reaction of hydrocarbons (in the presence of steam) occurs. Hydrocarbons and steam pass through the radiant tube(s) of the ethylene cracking furnace during normal operation and coke is removed from the inside of the radiant tube(s) during decoking operation.

Relief valve means a type of pressure relief device that is designed to re-close after the pressure relief.

Transfer rack means the collection of loading arms and loading hoses at a single loading rack that is used to fill tank trucks and/or railcars with organic HAP. Transfer rack includes the associated pumps, meters, shutoff valves, relief valves, and other piping and valves. Transfer rack does not include racks, arms, or hoses that contain organic HAP only as impurities; or racks, arms, or hoses that vapor balance during all loading operations.

Waste means any material resulting from industrial, commercial, mining, or agricultural operations, or from community activities, that is discarded or is being accumulated, stored, or physically, chemically, thermally, or biologically treated prior to being discarded, recycled, or discharged.

Waste stream means the waste generated by a particular process unit, product tank, or waste management unit. The characteristics of the waste stream (e.g., flow rate, HAP concentration, water content) are determined at the point of waste generation. Examples of a waste stream include process wastewater, product tank drawdown, sludge and slop oil removed from waste management units, and landfill leachate.

(3) Requirements. The owner or operator must control organic HAP emissions from each affected source emission point by meeting the applicable requirements specified in Table 7 to this section. An owner or operator must perform the applicability assessment procedures and methods for process vents specified in §63.1104, except for paragraphs (d), (g), (h) through (j), (l)(1), and (n). An owner or operator must perform the applicability assessment procedures and methods for equipment leaks specified in §63.1107. General compliance, recordkeeping, and reporting requirements are specified in §§63.1108 through 63.1112. Before July 6, 2023, minimization of emissions from startup, shutdown, and malfunctions must be addressed in the startup, shutdown, and malfunction plan required by §63.1111; the plan must also establish reporting and recordkeeping of such events. A startup, shutdown, and malfunction plan is not required on and after July 6, 2023 and the requirements specified in §63.1111 no longer apply; however, for historical compliance purposes, a copy of the plan must be retained and available on-site for five years after July 6, 2023. Except as specified in paragraph (e)(4)(i) of this section, procedures for approval of alternate means of emission limitations are specified in §63.1113.

(4) Flares. Beginning no later than the compliance dates specified in §63.1102(c), if a steam-assisted, air-assisted, non-assisted, or pressure-assisted multi-point flare is used as a control device for an emission point subject to the requirements in Table 7 to this section, then the owner or operator must meet the applicable requirements for flares as specified in §§63.670 and 63.671 of subpart CC, including the provisions in Tables 12 and 13 to subpart CC of this part, except as specified in paragraphs (e)(4)(i) through (xiv) 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 an ethylene production unit, being used to control an emission point subject to the requirements in Table 7 of this section. For purposes of compliance with this paragraph, the following terms are defined in §63.641 of subpart CC: 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.

(i) The owner or operator may elect to comply with the alternative means of emissions limitation requirements specified in of §63.670(r) of subpart CC in lieu of the requirements in §63.670(d) through (f) of subpart CC, as applicable. However, instead of complying with §63.670(r)(3) of subpart CC, the owner or operator must submit the alternative means of emissions limitation request following the requirements in §63.1113.

(ii) Instead of complying with §63.670(o)(2)(i) of subpart CC, the owner or operator must develop and implement the flare management plan no later than the compliance dates specified in §63.1102(c).

(iii) Instead of complying with §63.670(o)(2)(iii) of subpart CC, if required to develop a flare management plan and submit it to the Administrator, then the owner or operator must also submit all versions of the plan in portable document format (PDF) to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). If you claim some of the information in your flare management plan is confidential business information (CBI), submit a version with the CBI omitted via CEDRI. A complete plan, including information claimed to be CBI and clearly marked as CBI, must be mailed to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: Ethylene Production Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711.

(iv) Section 63.670(o)(3)(ii) of subpart CC and all references to §63.670(o)(3)(ii) of subpart CC do not apply. Instead, the owner or operator must comply with the maximum flare tip velocity operating limit at all times.

(v) Substitute “ethylene production unit” for each occurrence of “petroleum refinery.”

(vi) Each occurrence of “refinery” does not apply.

(vii) Except as specified in paragraph (e)(4)(vii)(G) of this section, if a pressure-assisted multi-point flare is used as a control device for an emission point subject to the requirements in Table 7 to this section, then the owner or operator must comply with the requirements specified in paragraphs (e)(4)(vii)(A) through (F) of this section.

(A) The owner or operator is not required to comply with the flare tip velocity requirements in §63.670(d) and (k) of subpart CC;

(B) The owner or operator must substitute “800” for each occurrence of “270” in §63.670(e) of subpart CC;

(C) The owner or operator must determine the 15-minute block average NHVvg using only the direct calculation method specified in §63.670(l)(5)(ii) of subpart CC;

(D) Instead of complying with §63.670(b) and (g) of subpart CC, if a pressure-assisted multi-point flare uses cross-lighting on a stage of burners rather than having an individual pilot flame on each burner, the owner or operator must operate each stage of the pressure-assisted multi-point flare with a flame present at all times when regulated material is routed to that stage of burners. Each stage of burners that cross-lights in the pressure-assisted multi-point flare must have at least two pilots with at least one continuously lit and capable of igniting all regulated material that is routed to that stage of burners. Each 15-minute block during which there is at least one minute where no pilot flame is present on a stage of burners when regulated material is routed to that stage is a deviation of the standard. Deviations in different 15-minute blocks from the same event are considered separate deviations. The pilot flame(s) on each stage of burners that use cross-lighting must be continuously monitored by a thermocouple or any other equivalent device used to detect the presence of a flame;

(E) Unless the owner or operator of a pressure-assisted multi-point flare chooses to conduct a cross-light performance demonstration as specified in this paragraph, the owner or operator must ensure that if a stage of burners on the flare uses cross-lighting, that the distance between any two burners in series on that stage is no more than 6 feet when measured from the center of one burner to the next burner. A distance greater than 6 feet between any two burners in series may be used provided the owner or operator conducts a performance demonstration that confirms the pressure-assisted multi-point flare will cross-light a minimum of three burners and the spacing between the burners and location of the pilot flame must be representative of the projected installation. The compliance demonstration must be approved by the permitting authority and a copy of this approval must be maintained onsite. The compliance demonstration report must include: A protocol describing the test methodology used, associated test method QA/QC parameters, the waste gas composition and NHVcz of the gas tested, the velocity of the waste gas tested, the pressure-assisted multi-point flare burner tip pressure, the time, length, and duration of the test, records of whether a successful cross-light was observed over all of the burners and the length of time it took for the burners to cross-light, records of maintaining a stable flame after a successful cross-light and the duration for which this was observed, records of any smoking events during the cross-light, waste gas temperature, meteorological conditions (e.g., ambient temperature, barometric pressure, wind speed and direction, and relative humidity), and whether there were any observed flare flameouts; and

(F) The owner or operator of a pressure-assisted multi-point flare must install and operate pressure monitor(s) on the main flare header, as well as a valve position indicator monitoring system for each staging valve to ensure that the flare operates within the proper range of conditions as specified by the manufacturer. The pressure monitor must meet the requirements in Table 13 to subpart CC of this part.

(G) If a pressure-assisted multi-point flare is operating under the requirements of an approved alternative means of emission limitations, the owner or operator shall either continue to comply with the terms of the alternative means of emission limitations or comply with the provisions in paragraphs (e)(4)(vii)(A) through (F) of this section.

(viii) If an owner or operator chooses to determine compositional analysis for net heating value with a continuous process mass spectrometer, the owner or operator must comply with the requirements specified in paragraphs (e)(4)(viii)(A) through (G) of this section.

(A) The owner or operator must meet the requirements in §63.671(e)(2). The owner or operator may augment the minimum list of calibration gas components found in §63.671(e)(2) with compounds found during a pre-survey or known to be in the gas through process knowledge.

(B) Calibration gas cylinders must be certified to an accuracy of 2 percent and traceable to National Institute of Standards and Technology (NIST) standards.

(C) For unknown gas components that have similar analytical mass fragments to calibration compounds, the owner or operator may report the unknowns as an increase in the overlapped calibration gas compound. For unknown compounds that produce mass fragments that do not overlap calibration compounds, the owner or operator may use the response factor for the nearest molecular weight hydrocarbon in the calibration mix to quantify the unknown component's NHVvg.

(D) The owner or operator may use the response factor for n-pentane to quantify any unknown components detected with a higher molecular weight than n-pentane.

(E) The owner or operator must perform an initial calibration to identify mass fragment overlap and response factors for the target compounds.

(F) The owner or operator must meet applicable requirements in Performance Specification 9 of 40 CFR part 60, appendix B, for continuous monitoring system acceptance including, but not limited to, performing an initial multi-point calibration check at three concentrations following the procedure in Section 10.1 and performing the periodic calibration requirements listed for gas chromatographs in Table 13 to subpart CC of this part, for the process mass spectrometer. The owner or operator may use the alternative sampling line temperature allowed under Net Heating Value by Gas Chromatograph in Table 13 to subpart CC of this part.

(G) The average instrument calibration error (CE) for each calibration compound at any calibration concentration must not differ by more than 10 percent from the certified cylinder gas value. The CE for each component in the calibration blend must be calculated using the following equation:



Where:

Cm = Average instrument response (ppm)

Ca = Certified cylinder gas value (ppm)

(ix) An owner or operator using a gas chromatograph or mass spectrometer for compositional analysis for net heating value may choose to use the CE of NHVmeasured versus the cylinder tag value NHV as the measure of agreement for daily calibration and quarterly audits in lieu of determining the compound-specific CE. The CE for NHV at any calibration level must not differ by more than 10 percent from the certified cylinder gas value. The CE for must be calculated using the following equation:



Where:

NHVmeasured = Average instrument response (Btu/scf)

NHVa = Certified cylinder gas value (Btu/scf)

(x) Instead of complying with §63.670(p) of subpart CC, the owner or operator must keep the flare monitoring records specified in §63.1109(e).

(xi) Instead of complying with §63.670(q) of subpart CC, the owner or operator must comply with the reporting requirements specified in §63.1110(d) and (e)(4).

(xii) When determining compliance with the pilot flame requirements specified in §63.670(b) and (g), substitute “pilot flame or flare flame” for each occurrence of “pilot flame.”

(xiii) When determining compliance with the flare tip velocity and combustion zone operating limits specified in §63.670(d) and (e), the requirement effectively applies starting with the 15-minute block that includes a full 15 minutes of the flaring event. The owner or operator is required to demonstrate compliance with the velocity and NHVcz requirements starting with the block that contains the fifteenth minute of a flaring event. The owner or operator is not required to demonstrate compliance for the previous 15-minute block in which the event started and contained only a fraction of flow.

(xiv) In lieu of meeting the requirements in §§63.670 and 63.671 of subpart CC, an owner or operator may submit a request to the Administrator for approval of an alternative test method in accordance with §63.7(f). The alternative test method must be able to demonstrate on an ongoing basis at least once every 15-minutes that the flare meets 96.5% combustion efficiency and provide a description of the alternative recordkeeping and reporting that would be associated with the alternative test method. The alternative test method request may also include a request to use the alternative test method in lieu of the pilot or flare flame monitoring requirements of 63.670(g).

(5) Maintenance vents. Unless an extension is requested in accordance with the provisions in §63.6(i) of subpart A, beginning no later than the compliance dates specified in §63.1102(c), an owner or operator may designate an ethylene process vent as a maintenance vent if the vent is only used as a result of startup, shutdown, maintenance, or inspection of equipment where equipment is emptied, depressurized, degassed, or placed into service. The owner or operator must comply with the applicable requirements in paragraphs (e)(5)(i) through (iii) of this section for each maintenance vent.

(i) Prior to venting to the atmosphere, remove process liquids from the equipment as much as practical and depressurize the equipment to either: A flare meeting the requirements specified in paragraph (e)(4) of this section, or a non-flare control device meeting the requirements specified in §63.982(c)(2) of subpart SS, until one of the following conditions, as applicable, is met.

(A) The vapor in the equipment served by the maintenance vent has a lower explosive limit (LEL) of less than 10 percent.

(B) If there is no ability to measure the LEL of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the LEL of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent.

(C) The equipment served by the maintenance vent contains less than 50 pounds of total volatile organic compounds (VOC).

(D) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (e)(5)(i)(A) through (C) of this section can be met prior to installing or removing a blind flange or similar equipment blind, then the pressure in the equipment served by the maintenance vent must be reduced to 2 psig or less before installing or removing the equipment blind. During installation or removal of the equipment blind, active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less.

(ii) Except for maintenance vents complying with the alternative in paragraph (e)(5)(i)(C) of this section, the owner or operator must determine the LEL or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications.

(iii) For maintenance vents complying with the alternative in paragraph (e)(5)(i)(C) of this section, the owner or operator must determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge.

(6) Bypass lines. Beginning on the compliance dates specified in §63.1102(c), the use of a bypass line at any time on a closed vent system to divert emissions subject to the requirements in Table 7 to §63.1103(e) to the atmosphere or to a control device not meeting the requirements specified in Table 7 of this subpart is an emissions standards violation. If the owner or operator is subject to the bypass monitoring requirements of §63.983(a)(3) of subpart SS, then the owner or operator must continue to comply with the requirements in §63.983(a)(3) of subpart SS and the recordkeeping and reporting requirements in §§63.998(d)(1)(ii) and 63.999(c)(2) of subpart SS, in addition to paragraph (e)(9) of this section, the recordkeeping requirements specified in §63.1109(g), and the reporting requirements specified in §63.1110(e)(6). For purposes of compliance with this paragraph, 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 paragraph (e)(6)(i) and (ii) of this section apply.

(i) Except for pressure relief devices subject to 40 CFR 63.1107(h)(4), equipment such as low leg drains and equipment subject to the requirements specified in paragraph (f) of Table 7 to §63.1103(e) are not subject to this paragraph (e)(6) of this section.

(ii) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in §60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as §60.482-6(a)(2), (b), and (c) are not subject to this paragraph (e)(6) of this section.

(7) Decoking operation standards for ethylene cracking furnaces. Beginning no later than the compliance dates specified in §63.1102(c), the owner or operator must comply with paragraph (e)(7)(i) of this section and also use at least two of the control measures specified in paragraphs (e)(7)(ii) through (v) of this section to minimize coke combustion emissions from the decoking of the radiant tube(s) in each ethylene cracking furnace.

(i) During normal operations, conduct daily inspections of the firebox burners and repair all burners that are impinging on the radiant tube(s) as soon as practical, but not later than 1 calendar day after the flame impingement is found. The owner or operator may delay burner repair beyond 1 calendar day using the procedures specified in paragraphs (e)(7)(i)(A) and (B) of this section provided the repair cannot be completed during normal operations, the burner cannot be shutdown without significantly impacting the furnace heat distribution and firing rate, and action is taken to reduce flame impingement as much as possible during continued operation. An inspection may include, but is not limited to: visual inspection of the radiant tube(s) for localized bright spots (this may be confirmed with a temperature gun), use of luminescent powders injected into the burner to illuminate the flame pattern, or identifying continued localized coke build-up that causes short runtimes between decoking cycles. A repair may include, but is not limited to: Taking the burner out of service, replacing the burner, adjusting the alignment of the burner, adjusting burner configuration, making burner air corrections, repairing a malfunction of the fuel liquid removal equipment, or adding insulation around the radiant tube(s).

(A) If a shutdown for repair would cause greater emissions than the potential emissions from delaying repair, repair must be completed following the next planned decoking operation (and before returning the ethylene cracking furnace back to normal operations) or during the next ethylene cracking furnace complete shutdown (when the ethylene cracking furnace firebox is taken completely off-line), whichever is earlier.

(B) If a shutdown for repair would cause lower emissions than the potential emissions from delaying repair, then shutdown of the ethylene cracking furnace must immediately commence and the repair must be completed before returning the ethylene cracking furnace back to normal operations.

(ii) During decoking operations, beginning before the expected end of the air-in decoke time, continuously monitor (or use a gas detection tube or equivalent sample technique every three hours to monitor) the CO2 concentration in the combined decoke effluent downstream of the last component being decoked for an indication that the coke combustion in the ethylene cracking furnace radiant tube(s) is complete. The owner or operator must immediately initiate procedures to stop the coke combustion once the CO2 concentration at the outlet consistently reaches a level that indicates combustion of coke is complete and site decoke completion assurance procedures have been concluded.

(iii) During decoking operations, continuously monitor the temperature at the radiant tube(s) outlet when air is being introduced to ensure the coke combustion occurring inside the radiant tube(s) is not so aggressive (i.e., too hot) that it damages either the radiant tube(s) or ethylene cracking furnace isolation valve(s). The owner or operator must immediately initiate procedures to reduce the temperature at the radiant tube(s) outlet once the temperature reaches a level that indicates combustion of coke inside the radiant tube(s) is too aggressive.

(iv) After decoking, but before returning the ethylene cracking furnace back to normal operations, verify that decoke air is no longer being added.

(v) After decoking, but before returning the ethylene cracking furnace back to normal operations and/or during normal operations, inject materials into the steam or feed to reduce coke formation inside the radiant tube(s) during normal operation.

(8) Ethylene cracking furnace isolation valve inspections. Beginning no later than the compliance dates specified in §63.1102(c), the owner or operator must conduct ethylene cracking furnace isolation valve inspections as specified in paragraphs (e)(8)(i) and (ii) of this section.

(i) Prior to decoking operation, inspect the applicable ethylene cracking furnace isolation valve(s) to confirm that the radiant tube(s) being decoked is completely isolated from the ethylene production process so that no emissions generated from decoking operations are sent to the ethylene production process. If poor isolation is identified, then the owner or operator must rectify the isolation issue prior to continuing decoking operations to prevent leaks into the ethylene production process.

(ii) Prior to returning the ethylene cracking furnace to normal operations after a decoking operation, inspect the applicable ethylene cracking furnace isolation valve(s) to confirm that the radiant tube(s) that was decoked is completely isolated from the decoking pot or furnace firebox such that no emissions are sent from the radiant tube(s) to the decoking pot or furnace firebox once the ethylene cracking furnace returns to normal operation. If poor isolation is identified, then the owner or operator must rectify the isolation issue prior to continuing normal operations to prevent product from escaping to the atmosphere through the decoking pot or furnace firebox.

(9) Startup, shutdown, and malfunction referenced provisions. Beginning no later than the compliance dates specified in §63.1102(c), the referenced provisions specified in paragraphs (e)(9)(i) through (xx) of this section do not apply when demonstrating compliance with paragraph (e)(3) of this section.

(i) The second sentence of §63.181(d)(5)(i) of subpart H.

(ii) The second sentence of §63.983(a)(5) of subpart SS.

(iii) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in §63.984(a) of subpart SS.

(iv) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in §63.985(a) of subpart SS.

(v) The phrase “other than start-ups, shutdowns, or malfunctions” in §63.994(c)(1)(ii)(D) of subpart SS.

(vi) Section 63.996(c)(2)(ii) of subpart SS.

(vii) The last sentence of §63.997(e)(1)(i) of subpart SS.

(viii) Section 63.998(b)(2)(iii) of subpart SS.

(ix) The phrase “other than periods of startups, shutdowns, and malfunctions” from §63.998(b)(5)(i)(A) of subpart SS.

(x) The phrase “other than a start-up, shutdown, or malfunction” from §63.998(b)(5)(i)(B)(3) of subpart SS.

(xi) The phrase “other than periods of startups, shutdowns, and malfunctions” from §63.998(b)(5)(i)(C) of subpart SS.

(xii) The phrase “other than a start-up, shutdown, or malfunction” from §63.998(b)(5)(ii)(C) of subpart SS.

(xiii) The phrase “except as provided in paragraphs (b)(6)(i)(A) and (B) of this section” from §63.998(b)(6)(i) of subpart SS.

(xiv) The second sentence of §63.998(b)(6)(ii) of subpart SS.

(xv) Section 63.998(c)(1)(ii)(D) through (G) of subpart SS.

(xvi) Section 63.998(d)(3) of subpart SS.

(xvii) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from §63.1024(f)(4)(i) of subpart UU.

(xviii) The phrase “(except periods of startup, shutdown, or malfunction)” from §63.1026(e)(1)(ii)(A) of subpart UU.

(xix) The phrase “(except periods of startup, shutdown, or malfunction)” from §63.1028(e)(1)(i)(A) of subpart UU.

(xx) The phrase “(except periods of startup, shutdown, or malfunction)” from §63.1031(b)(1) of subpart UU.

(10) Storage vessel degassing. Beginning no later than the compliance dates specified in §63.1102(c), for each storage vessel subject to paragraph (b) or (c) of Table 7 to §63.1103(e), the owner or operator must comply with paragraphs (e)(10)(i) through (iii) of this section during storage vessel shutdown operations (i.e., emptying and degassing of a storage vessel) until the vapor space concentration in the storage vessel is less than 10 percent of the LEL. The owner or operator must determine the LEL using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications.

(i) Remove liquids from the storage vessel as much as practicable;

(ii) Comply with one of the following:

(A) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to a flare and meet the requirements of §63.983 and paragraphs (e)(4) and (9) of this section.

(B) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of non-flare control devices and meet the requirements specified in §63.982(c)(1) and paragraph (e)(9) of this section.

(C) Reduce emissions of total organic HAP by 98 weight-percent by routing emissions to a fuel gas system or process and meet the requirements specified in §63.982(d) and paragraph (e)(9) of this section.

(iii) Maintain records necessary to demonstrate compliance with the requirements in §63.1108(a)(4)(ii) including, if appropriate, records of existing standard site procedures used to empty and degas (deinventory) equipment for safety purposes.

Table 7 to §63.1103(e)—What Are My Requirements If I Own or Operate an Ethylene Production Existing or New Affected Source?
If you own or operate . . .And if . . .Then you must . . .
(a) A storage vessel (as defined in §63.1101) that stores liquid containing organic HAP(1) The maximum true vapor pressure of total organic HAP is ≥3.4 kilopascals but <76.6 kilopascals; and the capacity of the vessel is ≥4 cubic meters but <95 cubic meters(i) Fill the vessel through a submerged pipe; or (ii) Comply with the requirements for storage vessels with capacities ≥95 cubic meters.
(b) A storage vessel (as defined in §63.1101) that stores liquid containing organic HAP(1) The maximum true vapor pressure of total organic HAP is ≥3.4 kilopascals but <76.6 kilopascals; and the capacity of the vessel is ≥95 cubic meters(i) Except as specified in paragraph (b)(1)(iii) of this table, comply with the requirements of subpart WW of this part; or (ii) Except as specified in paragraph (b)(1)(iii) of this table, reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of control devices and meet the requirements of §63.982(a)(1). (iii) Beginning no later than the compliance dates specified in §63.1102(c), comply with paragraph (b)(1)(iii)(A), (B), (C), or (D) of this table, and (e)(10) of this section. (A) Comply with the requirements of subpart WW of this part; or (B) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to a flare and meet the requirements of §63.983 and paragraphs (e)(4) and (9) of this section; or (C) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of non-flare control devices and meet the requirements specified in §63.982(c)(1) and (e)(9) of this section; or (D) Reduce emissions of total organic HAP by 98 weight-percent by routing emissions to a fuel gas system(a) or process and meet the requirements specified in §63.982(d) and (e)(9) of this section.
(c) A storage vessel (as defined in §63.1101) that stores liquid containing organic HAP(1) The maximum true vapor pressure of total organic HAP is ≥76.6 kilopascals(i) Except as specified in paragraph (c)(1)(ii) of this table, reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of control devices and meet the requirements of §63.982(a)(1). (ii) Beginning no later than the compliance dates specified in §63.1102(c), comply with paragraph (c)(1)(ii)(A), (B), or (C) of this table, and (e)(10) of this section. (A) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to a flare and meet the requirements of §63.983 and paragraphs (e)(4) and (9) of this section; or (B) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of non-flare control devices and meet the requirements specified in §63.982(c)(1) and (e)(9) of this section; or (C) Reduce emissions of total organic HAP by 98 weight-percent by routing emissions to a fuel gas system(a) or process and meet the requirements specified in §63.982(d) and (e)(9) of this section.
(d) An ethylene process vent (as defined in paragraph (e)(2) of this section)(1) The process vent is at an existing source and the vent stream has a flow rate ≥0.011 scmm and a total organic HAP concentration ≥50 parts per million by volume on a dry basis; or the process vent is at a new source and the vent stream has a flow rate ≥0.008 scmm and a total organic HAP concentration ≥30 parts per million by volume on a dry basis(i) Except as specified in paragraph (d)(1)(ii) of this table, reduce emissions of organic HAP by 98 weight-percent; or reduce organic HAP or TOC to a concentration of 20 parts per million by volume on a dry basis corrected to 3% oxygen; whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices and meet the requirements specified in §63.982(b) and (c)(2). (ii) Beginning no later than the compliance dates specified in §63.1102(c), comply with the maintenance vent requirements specified in paragraph (e)(5) of this section and either paragraph (d)(1)(ii)(A) or (B) of this table. (A) Reduce emissions of organic HAP by 98 weight-percent; or reduce organic HAP or TOC to a concentration of 20 parts per million by volume on a dry basis corrected to 3-percent oxygen; whichever is less stringent, by venting emissions through a closed vent system to a flare and meet the requirements of §63.983 and paragraphs (e)(4) and (9) of this section; or (B) Reduce emissions of organic HAP by 98 weight-percent; or reduce organic HAP or TOC to a concentration of 20 parts per million by volume on a dry basis corrected to 3-percent oxygen; whichever is less stringent, by venting emissions through a closed vent system to any combination of non-flare control devices and meet the requirements specified in §63.982(c)(2) and (e)(9) of this section.
(e) A transfer rack (as defined in paragraph (e)(2) of this section)(1) Materials loaded have a true vapor pressure of total organic HAP ≥3.4 kilopascals and ≥76 cubic meters per day (averaged over any consecutive 30-day period) of HAP-containing material is loaded(i) Reduce emissions of organic HAP by 98 weight-percent; or reduce organic HAP or TOC to a concentration of 20 parts per million by volume on a dry basis corrected to 3-percent oxygen; whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices as specified in §63.1105 and meet the requirements specified in paragraph (e)(9) of this section.; or
(ii) Install process piping designed to collect the HAP-containing vapors displaced from tank trucks or railcars during loading and to route it to a process, a fuel gas system, or a vapor balance system, as specified in §63.1105 and meet the requirements specified in paragraph (e)(9) of this section.(a)
(f) Equipment (as defined in §63.1101) that contains or contacts organic HAP(1) The equipment contains or contacts ≥5 weight-percent organic HAP; and the equipment is not in vacuum service(i) Except as specified in paragraph (f)(1)(ii) of this table, comply with the requirements of subpart UU of this part. (ii) Beginning no later than the compliance dates specified in §63.1102(c), comply with the requirements of paragraph (e)(9) of this section and subpart UU of this part, except instead of complying with the pressure relief device requirements of §63.1030 of subpart UU, meet the requirements of §63.1107(h), and in lieu of the flare requirement of §63.1034(b)(2)(iii), comply with the requirements specified in paragraph (e)(4) of this section.(a)
(g) Processes that generate waste (as defined in paragraph (e)(2) of this section(1) The waste stream contains any of the following HAP: Benzene, cumene, ethyl benzene, hexane, naphthalene, styrene, toluene, o-xylene, m-xylene, p-xylene, or 1,3-butadieneComply with the waste requirements of subpart XX of this part. For ethylene production unit waste stream requirements, terms have the meanings specified in subpart XX.
(h) A heat exchange system (as defined in §63.1082(b)) Comply with the heat exchange system requirements of subpart XX of this part.
(i) A closed vent system that contains one or more bypass lines(1) The bypass line could divert a vent stream directly to the atmosphere or to a control device not meeting the requirements in this tableBeginning no later than the compliance dates specified in §63.1102(c), comply with the requirements specified in paragraphs (e)(6) and (9) of this section.
(j) A decoking operation associated with an ethylene cracking furnaceBeginning no later than the compliance dates specified in §63.1102(c), comply with the requirements specified in paragraphs (e)(7) and (8) of this section.
(a) Beginning no later than the compliance dates specified in §63.1102(c), any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from an ethylene production unit as determined on an annual average basis, must be in compliance with paragraph (e)(4) of this section.

§63.1107 Equipment leaks.

* * * *

(h)(3)(iv) The owner or operator must determine the total number of release events that occurred during the calendar year for each affected pressure relief device separately. The owner or operator must also determine the total number of release events for each pressure relief device for which the root cause analysis concluded that the root cause was a force majeure event, as defined in §63.1103(e)(2).

(h)(3)(v)(B) A second release event not including force majeure events from a single pressure relief device in a 3-calendar year period for the same root cause for the same equipment.

* * * *

(h)(6) Root cause analysis and corrective action analysis. A root cause analysis and corrective action analysis must be completed as soon as possible, but no later than 45 days after a release event. Special circumstances affecting the number of root cause analyses and/or corrective action analyses are provided in paragraphs (h)(6)(i) through (iv) of this section.

* * * *

(h)(6)(ii) Prior to June 3, 2024, you may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices to release, regardless of the equipment served, if the root cause is reasonably expected to be a force majeure event, as defined in §63.1103(e)(2).

§63.1109 Recordkeeping requirements.

* * * *

(2) If complying with the requirements of §63.1103(e)(5)(i)(A) and the LEL at the time of the vessel opening exceeds 10 percent, records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the LEL at the time of the vessel opening.

(3) If complying with the requirements of §63.1103(e)(5)(i)(B) and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the LEL at the time of the active purging was initiated exceeds 10 percent, records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the LEL of the vapors in the equipment when active purging was initiated.

* * * *

(5) If complying with the requirements of §63.1103(e)(5)(i)(D), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and LEL of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening.

* * * *

(i)(2) Records of the number of releases during each calendar year and the number of those releases for which the root cause was determined to be a force majeure event. Keep these records for the current calendar year and the past five calendar years.

§63.1110 Reporting requirements.

* * * *

(a)(10) Beginning no later than the compliance dates specified in §63.1102(c), within 60 days after the date of completing each performance test required by this subpart, the owner or operator must submit the results of the performance test following the procedures specified in paragraphs (a)(10)(i)(A) through (C) of this section.

(i) Beginning no later than the compliance dates specified in §63.1102(c) for ethylene production affected sources, specified in §63.1102(d) for cyanide chemicals manufacturing affected sources, and specified in §63.1102(e) for carbon black production affected sources, within 60 days after the date of completing each performance test required by this subpart or applicability assessment required by §63.1103(f)(3)(iv), the owner or operator must submit the results of the performance test or applicability assessment following the procedures specified in paragraphs (a)(10)(i)(A) through (C) of this section.

(A) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test or applicability assessment to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ ). The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website.

(B) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test or applicability assessment must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.

(C) CBI. Do not use CEDRI to submit information you claim as CBI. Anything submitted to CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if an owner or operator wishes to assert a CBI claim for some of the information submitted under paragraph (a)(10)(i)(A) or (B) of this section, then the owner or operator must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via EPA's CDX as described in paragraphs (a)(10)(i)(A) and (B) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.

(ii) Beginning no later than the compliance dates specified in §63.1102(c) through (e), the owner or operator must submit all subsequent Notification of Compliance Status reports required under paragraph (a)(4) of this section in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX ( https://cdx.epa.gov/ ). All subsequent Periodic Reports required under paragraph (a)(5) of this section must be submitted to the EPA via CEDRI using the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri ) for this subpart beginning no later than the compliance dates specified in §63.1102(c) through (e) or once the report template has been available on the CEDRI website for 1 year, whichever date is later. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, then submit a complete report, including information claimed to be CBI, to the EPA. Periodic Reports must be generated using the appropriate template on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, MD C404-02, 4930 Old Page Road, Durham NC 27703 to the attention of the applicable person specified in paragraphs (A) through (C) of this section. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.

(A) Ethylene Production Sector Lead

(B) Cyanide Chemicals Manufacturing Sector Lead

(C) Carbon Black Production Sector Lead

(iii) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, the owner or operator must meet the requirements outlined in paragraphs (a)(10)(iii)(A) through (G) of this section.

(A) The owner or operator must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.

(B) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.

(C) The outage may be planned or unplanned.

(D) The owner or operator must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.

(E) The owner or operator must provide to the Administrator a written description identifying:

(1) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;

(2) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;

(3) Measures taken or to be taken to minimize the delay in reporting; and

(4) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.

(F) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(G) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.

(iv) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, the owner or operator must meet the requirements outlined in paragraphs (a)(10)(iv)(A) through (E) of this section.

(A) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this paragraph, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).

(B) The owner or operator must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.

(C) The owner or operator must provide to the Administrator:

(1) A written description of the force majeure event;

(2) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;

(3) Measures taken or to be taken to minimize the delay in reporting; and

(4) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.

(D) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(E) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs.

* * * *

(e)(4)(iii) The periods specified in §63.1109(e)(7). Indicate the date and start time for the period, and the net heating value operating parameter(s) determined following the methods in §63.670(k) through (n) of subpart CC as applicable.

* * * *

(e)(4)(iv)(A) The start and stop time and date of the flaring event.

(B) The length of time that emissions were visible from the flare during the event.

* * * *

(e)(5)(iii) The LEL, vessel pressure, or mass of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in §63.1103(e)(5)(i)(B) was used and active purging was initiated while the LEL was 10 percent or greater, also include the LEL of the vapors at the time active purging was initiated.

* * * *

(e)(8)(iii) For pressure relief devices in organic HAP service subject to §63.1107(h)(3), report each pressure release to the atmosphere, including duration of the pressure release and estimate of the mass quantity of each organic HAP released; the results of any root cause analysis and corrective action analysis completed during the reporting period, including the corrective actions implemented during the reporting period; and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period.

* * * *

§63.2346 What emission limitations, operating limits, and work practice standards must I meet?

* * * *

(a)(6) Beginning no later than the compliance dates specified in §63.2342(e), tank emissions during storage tank shutdown operations (i.e., emptying and degassing of a storage tank) for each storage tank at an affected source storing organic liquids that meets the tank capacity and liquid vapor pressure criteria for control in items 3 through 6 of Table 2 to this subpart, or items 1 through 3 of Table 2b to this subpart, you must comply with paragraphs (a)(6)(i) through (iii) of this section during tank emptying and degassing until the vapor space concentration in the tank is less than 10 percent of the lower explosive limit (LEL). The owner or operator must determine the LEL using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications.

* * * *

(e) Operating limits. For each high throughput transfer rack, you must meet each operating limit in Table 3 to this subpart for each control device used to comply with the provisions of this subpart whenever emissions from the loading of organic liquids are routed to the control device. Except as specified in paragraph (k) of this section, for each storage tank and low throughput transfer rack, you must comply with paragraph (l) of this section and the requirements for monitored parameters as specified in subpart SS of this part, for storage vessels and, during the loading of organic liquids, for low throughput transfer racks, respectively. Alternatively, you may comply with the operating limits in Table 3 to this subpart.

§63.2378 How do I demonstrate continuous compliance with the emission limitations, operating limits, and work practice standards?

* * * *

(e) Beginning no later than the compliance dates specified in §63.2342(e), paragraphs (b) through (d) of this section no longer apply. Instead, you must be in compliance with each emission limitation, operating limit, and work practice standard specified in paragraph (a) of this section at all times, except during periods of nonoperation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies and must comply with the requirements specified in paragraphs (e)(1) through (5) of this section, as applicable. Equipment subject to the work practice standards for equipment leak components in Table 4 to this subpart, item 4 are not subject to this paragraph (e).

(1) Except as specified in paragraphs (e)(3) through (5) of this section, the use of a bypass line at any time on a closed vent system to divert a vent stream to the atmosphere or to a control device not meeting the requirements specified in paragraph (a) of this section is an emissions standards deviation.

(2) 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), in addition to §63.2346(l), the recordkeeping requirements specified in §63.2390(g), and the reporting requirements specified in §63.2386(c)(12).

(3) Periods of planned routine maintenance of a control device used to control storage tank breathing loss emissions, during which the control device does not meet the emission limits in Table 2 or 2b to this subpart, must not exceed 240 hours per year. The level of material in the storage vessel shall not be increased during periods that the closed-vent system or control device is bypassed to perform routine maintenance.

(4) If you elect to route emissions from storage tanks to a fuel gas system or to a process, as allowed by §63.982(d), to comply with the emission limits in Table 2 or 2b to this subpart, the total aggregate amount of time during which the breathing loss emissions bypass the fuel gas system or process during the calendar year without being routed to a control device, for all reasons (except product changeovers of flexible operation units and periods when a storage tank has been emptied and degassed), must not exceed 240 hours. The level of material in the storage vessel shall not be increased during periods that the fuel gas system or process is bypassed to perform routine maintenance.

§63.2382 What notifications must I submit and when and what information should be submitted?

* * * *

(d)(3) Submitting Notification of Compliance Status. Beginning no later than the compliance dates specified in §63.2342(e), you must submit all subsequent Notification of Compliance Status reports to the EPA via CEDRI, which can be accessed through EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). If you claim some of the information required to be submitted via CEDRI is confidential business information (CBI), then submit a complete report, including information claimed to be CBI, to the EPA. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via EPA's CDX as described earlier in this paragraph. You may assert a claim of EPA system outage or force majeure for failure to timely comply with this reporting requirem

§63.2386 What reports must I submit and when and what information is to be submitted in each?

* * * *

(f) Beginning no later than the compliance dates specified in §63.2342(e), you must submit all Compliance reports to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/). You must use the appropriate electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports under §§63.9(i) and 63.10(a), the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. If you claim some of the information required to be submitted via CEDRI is CBI, submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website or an alternate electronic file consistent with the extensible markup language (XML) schema listed on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via EPA's CDX as described earlier in this paragraph. You may assert a claim of EPA system outage or force majeure for failure to timely comply with this reporting requirement provided you meet the requirements outlined in paragraph (i) or (j) of this section, as applicable.

(g) Beginning no later than the compliance dates specified in §63.2342(e), you must start submitting performance test reports in accordance with this paragraph. Unless otherwise specified in this subpart, 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 procedures specified in paragraphs (g)(1) through (3) of this section.

(1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website.

(2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.

(3) CBI. If you claim some of the information submitted under paragraph (g)(1) or (2) of this section is CBI, then you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via EPA's CDX as described in paragraphs (g)(1) and (2) of this section.

(h) Beginning no later than the compliance dates specified in §63.2342(e), you must start submitting performance evaluation reports in accordance with this paragraph. Unless otherwise specified in this subpart, within 60 days after the date of completing each CEMS performance evaluation (as defined in §63.2) , you must submit the results of the performance evaluation following the procedures specified in paragraphs (h)(1) through (3) of this section.

(1) Performance evaluations of CEMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website.

(2) Performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.

(3) CBI. If you claim some of the information submitted under paragraph (h)(1) or (2) of this section is CBI, then you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (h)(1) and (2) of this section.

Table 12 to Subpart EEEE of Part 63—Applicability of General Provisions to Subpart EEEE

* * * *

§63.9(k) Electronic reporting proceduresProcedure to report electronically for notification in §63.9(j)Yes, only as specified in §63.9(j).

§63.2450 What are my general requirements for complying with this subpart?

* * * *

(e)(1) Except when complying with §63.2485, if you reduce organic HAP emissions by venting emissions through a closed-vent system to any combination of control devices (except a flare) or recovery devices, you must meet the requirements of paragraph (e)(4) of this section, and the requirements of §63.982(c) and the requirements referenced therein.

* * * *

(e)(5)(iv) Instead of complying with paragraph (o)(2)(iii) of §63.670 of subpart CC, if required to develop a flare management plan and submit it to the Administrator, then you must also submit all versions of the plan in portable document format (PDF) to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Anything submitted using CEDRI cannot later be claimed to be CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a version with the CBI omitted via CEDRI. A complete plan, including information claimed to be CBI and clearly marked as CBI, must be mailed to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention: Miscellaneous Organic Chemical Manufacturing Sector Lead, 4930 Old Page Rd., Durham, NC 27703. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.

* * * *

(e)(5)(viii)(B) You must substitute "800" for each occurrence of "270" in paragraph (e) of §63.670 of subpart CC;

* * * *

(e)(6)(i) If you are subject to the bypass monitoring requirements of §63.148(f) of subpart G, then you must continue to comply with the requirements in §63.148(f) of subpart G and the recordkeeping and reporting requirements in §§63.148(j)(2) and (3) of subpart G, and (h)(3) of subpart G, in addition to the applicable requirements specified in §63.2485(q), the recordkeeping requirements specified in §63.2525(n), and the reporting requirements specified in §63.2520(e)(12).

* * * *

(e)(7) Beginning no later than the compliance dates specified in §63.2445(g), if you reduce organic HAP emissions by venting emissions through a closed-vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then you must comply with paragraphs (e)(4) and (6) of this section and the requirements in §63.983, and you must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (e)(7)(i) through (iii) of this section.

* * * *

(v)(1)(i) The vapor in the equipment served by the maintenance vent has a lower explosive limit (LEL) of less than 10 percent and has an outlet concentration less than or equal to 20 ppmv hydrogen halide and halogen HAP.

* * * *

(v)(1)(ii) If there is no ability to measure the LEL of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the LEL of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent.

* * * *

(v)(2) Except for maintenance vents complying with the alternative in paragraph (v)(1)(iii) of this section, you must determine the LEL or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications.

§63.2460 What requirements must I meet for batch process vents?

* * * *

(c)(9) Requirements for a biofilter. If you use a biofilter to meet either the95-percent reduction requirement or outlet concentration requirement specified in Table 2 to this subpart, you must meet the requirements specified in paragraphs (c)(9)(i) through (vi) of this section.

§63.2470 What requirements must I meet for storage tanks?

* * * *

(f) Storage tank degassing. Beginning no later than the compliance dates specified in §63.2445(g), for each storage tank subject to item 1 of Table 4 to this subpart, you must comply with paragraphs (f)(1) through (3) of this section during storage tank shutdown operations (i.e., emptying and degassing of a storage tank) until the vapor space concentration in the storage tank is less than 10 percent of the LEL. You must determine the LEL using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications.

§63.2480 What requirements must I meet for equipment leaks?

(a) You must meet each requirement in Table 6 to this subpart that applies to your equipment leaks, except as specified in paragraphs (b) through (f) of this section. For each light liquid pump, valve, and connector in ethylene oxide service as defined in §63.2550(i), you must also meet the applicable requirements specified in §§63.2492 and 63.2493(d) and (e).

* * * *

(e)(2)(i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as specified in §63.1023(b) of subpart UU, §63.180(c) of subpart H, or §65.104(b) of this chapter, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm.

* * * *

(e)(2)(iii) If the pressure relief device consists only of 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. You must not initiate startup of the equipment served by the rupture disk until the rupture disc is replaced. You must conduct instrument monitoring, as specified in §63.1023(b) of subpart UU, §63.180(c) of subpart H, or §65.104(b) of this chapter, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm.

* * * *

(e)(3)(iv) You must determine the total number of release events that occurred during the calendar year for each affected pressure relief device separately. You must also determine the total number of release events for each pressure relief device for which the root cause analysis concluded that the root cause was a force majeure event, as defined in §63.2550.

* * * *

(e)(3)(5)(B) A second release event not including force majeure events from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment.

(e)(3)(5)(C) A third release event not including force majeure events from a single pressure relief device in a 3 calendar year period for any reason.

* * * *

(e)(6)(ii) You may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices to release, regardless of the equipment served, if the root cause is reasonably expected to be a force majeure event, as defined in §63.2550.

* * * *

(f)(18)(iii) In §63.181(b)(2)(i), replace the reference to §63.165(a) with §63.2480(e)(1).

* * * *

(f)(18)(vi) The information required to be reported under §63.182(d)(2)(xiv) is now required to be reported under §63.2520(e)(15)(i) through (iii).

* * * *

(f)(18)(x) The reference to §63.1030(c) in §63.1022(a)(1)(v) no longer applies. Instead comply with the §63.2480(e)(1) and (2).

* * * *

(f)(18)(xiii) The information required to be reported under §63.1039(b)(4) is now required to be reported under §63.2520(e)(15)(i) and (ii).

§63.2490 What requirements must I meet for heat exchange systems?

* * * *

(a) You must comply with each requirement in Table 10 to this subpart that applies to your heat exchange systems, except as specified in paragraphs (b) through (d) of this section.

* * * *

(d) Unless one or more of the conditions specified in §63.104(a)(1), (2), (5), and (6) are met, beginning no later than the compliance dates specified in §63.2445(g), the requirements of §63.104 as specified in Table 10 to this subpart and paragraphs (b) and (c) of this section no longer apply. Instead, you must monitor the cooling water for the presence of total strippable hydrocarbons that indicate a leak according to paragraph (d)(1) of this section, and if you detect a leak, then you must repair it according to paragraphs (d)(2) and (3) of this section, unless repair is delayed according to paragraph (d)(4) of this section. At any time before the compliance dates specified in §63.2445(g), you may choose to comply with the requirements in this paragraph (d) in lieu of the requirements of §63.104 as specified in Table 10 to this subpart and paragraphs (b) and (c) of this section. The requirements in this paragraph (d) do not apply to heat exchange systems that have a maximum cooling water flow rate of 10 gallons per minute or less.

* * * *

(d)(4)(iii) The delay of repair action level is a total strippable hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, the delay of repair action level is a total hydrocarbon mass emissions rate (as methane) or 1.8 kg/hr. The delay of repair action level is assessed as described in paragraph (d)(4)(iii)(A) or (B) of this section, as applicable.

§63.2492 How do I determine whether my process vent, storage tank, or equipment is in ethylene oxide service?

* * * *

(b) For storage tanks, you must measure the concentration of ethylene oxide of the fluid stored in the storage tanks using Method 624.1 of 40 CFR part 136, appendix A, or preparation by Method 5031 and analysis by Method 8260D (both incorporated by reference, see §63.14) in the SW-846 Compendium. In lieu of preparation by SW-846 Method 5031, you may use SW-846 Method 5030B (incorporated by reference, see §63.14), as long as: You do not use a preservative in the collected sample; you store the sample with minimal headspace as cold as possible and at least below 4 degrees C; and you analyze the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. If you are collecting a sample from a pressure vessel, you must maintain the sample under pressure both during and following sampling.

§63.2493 What requirements must I meet for process vents, storage tanks, or equipment that are in ethylene oxide service?

* * * *

(a)(2)(vi) If you vent emissions through a closed-vent system to a scrubber, then you must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vi)(A) through (C) of this section during the performance test.

* * * *

(a)(2)(vi)(C) Temperature of the water entering the scrubber column. The temperature may be measured at any point after the heat exchanger and prior to entering the top of the scrubber column. Determine the average inlet water temperature as the average of the test run averages.

* * * *

(a)(2)(viii) If you vent emissions through a closed-vent system to a control device other than a flare, scrubber, or thermal oxidizer, then you must notify the Administrator of the operating parameters that you plan to monitor during the performance test prior to establishing operating parameter limits for the control device.

* * * *

(b)(2) Continuously monitor the ethylene oxide concentration at the exit of the control device using an FTIR CEMS meeting the requirements of Performance Specification 15 of 40 CFR part 60, appendix B, and §63.2450(j). If you use an FTIR CEMS, you do not need to conduct the performance testing required in paragraph (b)(3) of this section or the operating parameter monitoring required in paragraphs (b)(4) through (6) of this section.

* * * *

(b)(4) If you vent emissions through a closed-vent system to a scrubber, then you must comply with §63.2450(e)(4) and (6) and the requirements in §63.983, and you must meet the operating parameter limits specified in paragraphs (b)(4)(i) through (v) of this section.

* * * *

(b)(4)(iv) Maximum temperature of the water entering the scrubber column, equal to the average temperature measured during the most recent performance test. Compliance with the inlet water temperature operating limit must be determined continuously on a 1-hour block basis. Use a temperature sensor with a minimum accuracy of ±1 percent over the normal range of the temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater.

* * * *

(b)(6) If you vent emissions through a closed-vent system to a control device other than a flare, scrubber, or thermal oxidizer, then you must comply with §63.2450(e)(4) and (6) and the requirements in §63.983, and you must monitor the operating parameters identified in paragraph (a)(2)(viii) of this section and meet the established operating parameter limits to ensure continuous compliance. The frequency of monitoring and averaging time will be determined based upon the information provided to the Administrator.

* * * *

(d)(1)(iii) When a leak is detected, it must be repaired as soon as practicable, but not later than 15 calendar days after it is detected.

* * * *

(d)(2)(iii) When a leak is detected, it must be repaired as soon as practicable, but not later than 15 calendar days after it is detected.

* * * *

(d)(3) For each light liquid pump or connector in ethylene oxide service that is added to an affected source, and for each light liquid pump or connector in ethylene oxide service that replaces a light liquid pump or connector in ethylene oxide service, you must initially monitor for leaks within 5 days after initial startup of the equipment.

* * * *

(d)(4)(v) Replace all references to §63.2445(g) with §63.2445(h).

* * * *

(e) Non-applicable referenced provisions. The referenced provisions specified in paragraphs (e)(1) through (15) of this section do not apply when demonstrating compliance with this section.

* * * *

§63.2515 What notifications must I submit and when?

* * * *

(d) Supplement to Notification of Compliance Status. You must also submit supplements to the Notification of Compliance Status as specified in §63.2520(d)(3) through (5).

§63.2520 What reports must I submit and when?

* * * *

(d) Notification of compliance status report. You must submit a notification of compliance status report according to the schedule in paragraph (d)(1) of this section, and the notification of compliance status report must contain the information specified in paragraphs (d)(2) through (5) of this section.

* * * *

(e) Compliance report. The compliance report must contain the information specified in paragraphs (e)(1) through (17) of this section. On and after August 12, 2023 or once the reporting template for this subpart has been available on the CEDRI website for 1 year, whichever date is later, you must submit all subsequent reports to the EPA via the CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed to be CBI. You must use the appropriate electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports under §§63.9(i) and 63.10(a) of subpart A, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website or an alternate electronic file consistent with the extensible markup language (XML) schema listed on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention: Miscellaneous Organic Chemical Manufacturing Sector Lead, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in this paragraph (e). All CBI claims must be asserted at the time of submission. Furthermore under CAA section 114(c) emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. You may assert a claim of EPA system outage or force majeure for failure to timely comply with the reporting requirement in this paragraph (e) provided you meet the requirements outlined in paragraph (i) or (j) of this section, as applicable.

* * * *

(e)(2) Statement by a responsible official with that official's name, title, and signature, certifying the accuracy of the content of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirement in this paragrpah (e)(2).

* * * *

(e)(14)(iii) The lower explosive limit in percent, vessel pressure in psig, or mass in pounds of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in §63.2450(v)(1)(ii) was used and active purging was initiated while the lower explosive limit was 10 percent or greater, also include the lower explosive limit of the vapors at the time active purging was initiated.

* * * *

(e)(16) For each heat exchange system subject to §63.2490(d), beginning no later than the compliance dates specified in §63.2445(g), the reporting requirements of §63.104(f)(2) no longer apply; instead, the compliance report must include the information specified in paragraphs (e)(16)(i) through (v) of this section.

(i) The number of heat exchange systems at the plant site subject to the monitoring requirements in §63.2490(d) during the reporting period;

(ii) The number of heat exchange systems subject to the monitoring requirements in §63.2490(d) at the plant site found to be leaking during the reporting period;

(iii) For each monitoring location where the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate was determined to be equal to or greater than the applicable leak definitions specified in §63.2490(d)(1)(v) during the reporting period, identification of the monitoring location (e.g., unique monitoring location or heat exchange system ID number), the measured total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate, the date the leak was first identified, and, if applicable, the date the source of the leak was identified;

(iv) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate measured during re-monitoring to verify repair, and the re-monitoring date (i.e., the effective date of repair); and

(v) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate in pounds of the potential total hydrocarbon emissions over the reporting period associated with the delayed repair.

* * * *

(f) Performance test reports. Beginning no later than October 13, 2020, you must submit performance test reports in accordance with this paragraph (f). Unless otherwise specified in this subpart, 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 procedures specified in paragraphs (f)(1) through (3) of this section.

(1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website.

(2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.

(3) Confidential business information (CBI). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed to be CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention: Group Leader, Measurement Policy Group, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (f)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.

(g) CEMS relative accuracy test audit (RATA) Performance evaluation reports. Beginning no later than October 13, 2020, you must start submitting CEMS RATA performance evaluation reports in accordance with this paragraph (g). Unless otherwise specified in this subpart, within 60 days after the date of completing each continuous monitoring system performance evaluation (as defined in §63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (g)(1) through (3) of this section.

(1) Performance evaluations of CMS measuring RATA pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website.

(2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.

(3) Confidential business information (CBI). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed to be CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, CORE CBI Office, U.S. EPA Mailroom (C404-02), Attention: Group Leader, Measurement Policy Group, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (g)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.

§63.2525 What records must I keep?

* * * *

(o) For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in §63.2450(e)(7), you must keep the applicable records specified in paragraphs (o)(1) through (4) of this section.

(1) Outlet HAP or TOC concentration for each adsorber bed measured during each performance test conducted.

(2) Daily outlet HAP or TOC concentration.

(3) Date and time you last replaced the adsorbent.

(4) If you conduct monitoring less frequently than daily as specified in §63.2450(e)(7)(iii)(B), you must record the average life of the bed.

* * * *

(p)(2) If complying with the requirements of §63.2450(v)(1)(i) and the lower explosive limit at the time of the vessel opening exceeds 10 percent, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the lower explosive limit at the time of the vessel opening.

(p)(3) If complying with the requirements of §63.2450(v)(1)(ii) and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the lower explosive limit at the time of the active purging was initiated exceeds 10 percent, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the lower explosive limit of the vapors in the equipment when active purging was initiated.

* * * *

(p)(5) If complying with the requirements of §63.2450(v)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and lower explosive limit of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening.

* * * *

(q)(2) Records of the number of releases during each calendar year and the number of those releases for which the root cause was determined to be a force majeure event. Keep these records for the current calendar year and the past 5 calendar years.

* * * *

(r)(1) Monitoring data required by §63.2490(d) that indicate a leak, the date the leak was detected, or, if applicable, the basis for determining there is no leak.

* * * *

(r)(4)(iv) An estimate of the potential total hydrocarbon emissions from the leaking heat exchange system or heat exchanger for each required delay of repair monitoring interval following the procedures in paragraphs (r)(4)(iv)(A) through (C) of this section.

* * * *

(r)(4)(iv)(B) For delay of repair monitoring intervals prior to repair of the leak, calculate the potential total hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the monitoring interval by multiplying the mass emissions rate, determined in §63.2490(d)(1)(iii)(B) or paragraph (r)(4)(iv)(A) of this section, by the duration of the delay of repair monitoring interval. The duration of the delay of repair monitoring interval is the time period starting at midnight on the day of the previous monitoring event or at midnight on the day the repair would have had to be completed if the repair had not been delayed, whichever is later, and ending at midnight of the day the of the current monitoring event.

(C) For delay of repair monitoring intervals ending with a repaired leak, calculate the potential total hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the final delay of repair monitoring interval by multiplying the duration of the final delay of repair monitoring interval by the mass emissions rate determined for the last monitoring event prior to the re-monitoring event used to verify the leak was repaired. The duration of the final delay of repair monitoring interval is the time period starting at midnight of the day of the last monitoring event prior to re-monitoring to verify the leak was repaired and ending at the time of the re-monitoring event that verified that the leak was repaired.

§63.2550 What definitions apply to this subpart?

* * * *

In ethylene oxide service means the following:

(1) For equipment leaks, any equipment that contains or contacts a fluid (liquid or gas) that is at least 0.1 percent by weight of ethylene oxide. If information exists that suggests ethylene oxide could be present in equipment, the equipment is considered to be "in ethylene oxide service" unless sampling and analysis is performed as specified in §63.2492 to demonstrate that the equipment does not meet the definition of being "in ethylene oxide service". Examples of information that could suggest ethylene oxide could be present in equipment, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions.

(2) For process vents, each batch and continuous process vent in a process that, when uncontrolled, contains a concentration of greater than or equal to 1 ppmv undiluted ethylene oxide, and when combined, the sum of all these process vents would emit uncontrolled ethylene oxide emissions greater than or equal to 5 lb/yr (2.27 kg/yr). If information exists that suggests ethylene oxide could be present in a batch or continuous process vent, then the batch or continuous process vent is considered to be "in ethylene oxide service" unless an analysis is performed as specified in §63.2492 to demonstrate that the batch or continuous process vent does not meet the definition of being "in ethylene oxide service". Examples of information that could suggest ethylene oxide could be present in a batch or continuous process vent, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions.

(3) For storage tanks, storage tanks of any capacity and vapor pressure storing a liquid that is at least 0.1 percent by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a storage tank, then the storage tank is considered to be "in ethylene oxide service" unless sampling and analysis is performed as specified in §63.2492 to demonstrate that the storage tank does not meet the definition of being "in ethylene oxide service". The exemptions for "vessels storing organic liquids that contain HAP only as impurities" and "pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere" listed in the definition of "storage tank" in this section do not apply for storage tanks that may be in ethylene oxide service. Examples of information that could suggest ethylene oxide could be present in a storage tank, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions.

Table 10 to Subpart FFFF of Part 63—Work Practice Standards for Heat Exchange Systems

Table 10 to Subpart FFFF of Part 63—Work Practice Standards for Heat Exchange Systems
For each . . .You must . . .
Heat exchange system, as defined in §63.101a. Comply with the requirements of §63.104 and the requirements referenced therein, except as specified in §63.2490(b) and (c); or
b. Comply with the requirements in §63.2490(d).

Table 12 to Subpart FFFF of Part 63—Applicability of General Provisions to Subpart FFFF

* * * *

§63.9(k)Electronic reporting proceduresYes, as specified in §63.9(j).

2024-04-03T05:00:00Z

EPA Proposed Rule: Lead Wheel Weights; Regulatory Investigation Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency (EPA or the Agency) is requesting comments and information to assist in the potential development of regulations for the manufacture (including importing), processing (including recycling), and distribution in commerce of lead for wheel-balancing weights (“lead wheel weights”) under the Toxic Substances Control Act (TSCA). To inform this consideration, EPA is requesting comment and information from all stakeholders on the use and exposure to lead from the manufacture (including importing), processing (including recycling), distribution in commerce, use, and disposal of lead wheel weights, as well as information on their substitutes, to help determine if there is unreasonable risk to human health and the environment associated with this use. This action is relevant to a petition for a writ of mandamus filed in August 2023, by the Ecology Center, Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and Sierra Club in the United States Court of Appeals for the Ninth Circuit requesting the court to direct EPA to conduct a rulemaking regulating lead wheel weights under TSCA.

DATES: Comments must be received on or before May 3, 2024, published in the Federal Register April 3, 2024, page 22972.

View proposed rule.

See More

Most Recent Highlights In Transportation

2024-04-03T05:00:00Z

EPA Final Rule: National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review

The U.S. Environmental Protection Agency (EPA or the Agency) is finalizing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities to regulate hazardous air pollutant (HAP) emissions. The amendments include: HAP from unmeasured fugitive and intermittent particulate (UFIP) sources previously not regulated by the NESHAP; previously unregulated HAP for sinter plants:; previously unregulated pollutants for blast furnace (BF) stoves and basic oxygen process furnaces (BOPFs) primary control devices; and previously unregulated pollutants for BF primary control devices. We are also finalizing an update to the technology review for this source category.

DATES: This final rule is effective June 3, 2024, published in the Federal Register April 3, 2024, page 23294 .

View final rule.

§63.14 Incorporations by reference.
(i)(88), (i)(110), (o)RevisedView text
(o)(3)AddedView text
§63.7782 What parts of my plant does this subpart cover?
(c)-(e)RevisedView text
§63.7783 When do I have to comply with this subpart?
(a) introductory textRevisedView text
(g)AddedView text
§63.7791 How do I comply with the requirements for the control of mercury from BOPF Groups?
Section headingRevisedView text
§63.7792 What fenceline monitoring requirements must I meet?
Entire sectionAddedView text
§63.7793 What work practice standards must I meet?
Entire sectionAddedView text
§63.7800 What are my operation and maintenance requirements?
(b) introductory textRevisedView text
(b)(8)-(9)AddedView text
§63.7820 By what date must I conduct performance tests or other initial compliance demonstrations?
(e)RevisedView text
§63.7821 When must I conduct subsequent performance tests?
Entire sectionRevisedView text
§63.7823 What test methods and other procedures must I use to demonstrate initial compliance with the opacity limits?
(a)RevisedView text
(c)(3), (d)(6), (f)-(h)AddedView text
§63.7825 What test methods and other procedures must I use to demonstrate initial compliance with the emission limits for hazardous air pollutants?
Section headingRevisedView text
(a) introductory text; (b)(1)(v), (b)(2), (c)RevisedView text
(g)(-(k)AddedView text
§63.7830 What are my monitoring requirements?
(e)(2)RevisedView text
§63.7833 How do I demonstrate continuous compliance with the emission limitations that apply to me?
(j)AddedView text
§63.7840 What notifications must I submit and when?
(g)(3), (h)(3)RemovedView text
(i)AddedView text
§63.7841 What reports must I submit and when?
(b)(14), (h)AddedView text
(d)RevisedView text
§63.7842 What records must I keep?
(d)RevisedView text
(f), (g)AddedView text
§63.7852 What definitions apply to this subpart?
Definitions for “Iron beaching operation”, Large blast furnace”, “Planned bleeder valve opening”, “Slip”, “Small blast furnace”, “Total hydrocarbons (THC)”, and “Unplanned bleeder valve opening”AddedView text
Table 1 to Subpart FFFFF of Part 63 - Emission, Opacity, and Work Practice Limits
Entire tableRevisedView text
Table 2 to Subpart FFFFF of Part 63 - Initial Compliance With Emission and Opacity Limits
Entire tableRevisedView text
Table 3 to Subpart FFFFF of Part 63 - Continuous Compliance With Emission and Opacity Limits
Entire tableRevisedView text
Table 4 to Subpart FFFFF of Part 63 - Applicability of General Provisions to Subpart FFFFF
Entire tableRevisedView text
Table 5 to Subpart FFFFF of Part 63 - Toxic Equivalency Factors
Entire tableAddedView text
Table 6 to Subpart FFFFF of Part 63 - List of Polycyclic Aromatic Hydrocarbons
Entire tableAddedView text

New Text

§63.14 Incorporations by reference.

* * * *

(i)(88) ASTM D6348-12 (Reapproved 2020), Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform (FTIR) Spectroscopy, including Annexes A1 through A8, Approved December 1; 2020, IBR approved for §§63.365(b); 63.7825(g) and (h) .

* * * * *

(i)(110) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §§63.1625(b); table 3 to subpart LLLLL; 63.7823(c) through (f), 63.7833(g); 63.11423(c).

* * * * *

(o) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; phone: (202) 272-0167; website: www.epa.gov/aboutepa/forms/contact-epa .

§63.7782 What parts of my plant does this subpart cover?

* * * *

(c) This subpart covers emissions from the sinter plant windbox exhaust, discharge end, and sinter cooler; the blast furnace casthouse; the blast furnace stove; and the BOPF shop including each individual BOPF and shop ancillary operations (hot metal transfer, hot metal desulfurization, slag skimming, and ladle metallurgy). This subpart also covers fugitive and intermittent particulate emissions from blast furnace unplanned bleeder valve openings, blast furnace planned bleeder valve openings, blast furnace and BOPF slag processing, handling, and storage, blast furnace bell leaks, beaching of iron from blast furnaces, blast furnace casthouse fugitives, and BOPF shop fugitives.

(d) A sinter plant, blast furnace, blast furnace stove, or BOPF shop at your integrated iron and steel manufacturing facility is existing if you commenced construction or reconstruction of the affected source before July 13, 2001.

(e) A sinter plant, blast furnace, blast furnace stove, or BOPF shop at your integrated iron and steel manufacturing facility is new if you commence construction or reconstruction of the affected source on or after July 13, 2001. An affected source is reconstructed if it meets the definition of reconstruction in §63.2.

§63.7783 When do I have to comply with this subpart?

(a) If you have an existing affected source, you must comply with each emission limitation, standard, and operation and maintenance requirement in this subpart that applies to you by the dates specified in paragraphs (a)(1) and (2) of this section. This paragraph does not apply to the emission limitations for BOPF group: mercury (Hg); sinter plant windbox: Hg, hydrochloric acid (HCl), carbonyl sulfide (COS); Blast Furnace casthouse: HCl, total hydrocarbon (THC); Blast Furnace stove: HCl and total hydrocarbon (THC); primary emission control system for a BOPF: 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD) toxic equivalent (TEQ), HCl, THC; fugitive and intermittent particulate sources.

* * * *

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

* * * *

§63.7800 What are my operation and maintenance requirements?

* * * *

(b) You must prepare and operate at all times according to a written operation and maintenance plan for each capture system or control device subject to an operating limit in §63.7790(b). Each plan must address the elements in paragraphs (b)(1) through (9) of this section.

§63.7820 By what date must I conduct performance tests or other initial compliance demonstrations?

* * * *

(e) Notwithstanding the deadlines in this section, existing and new affected sources must comply with the deadlines for making the initial compliance demonstrations for the BOPF Group mercury emission limit set forth in paragraphs (e)(1) through (4) in this section.

§63.7821 When must I conduct subsequent performance tests?

(a) You must conduct subsequent performance tests to demonstrate compliance with all applicable emission and opacity limits in table 1 to this subpart at the frequencies specified in paragraphs (b) through (m) of this section.

(b) For each sinter cooler at an existing sinter plant and each emissions unit equipped with a control device other than a baghouse, you must conduct subsequent particulate matter and opacity performance tests no less frequently than twice (at mid-term and renewal) during each term of your title V operating permit.

(c) For each emissions unit equipped with a baghouse, you must conduct subsequent particulate matter and opacity performance tests no less frequently than once during each term of your title V operating permit.

(d) For sources without a title V operating permit, you must conduct subsequent particulate matter and opacity performance tests every 2.5 years.

(e) For each BOPF Group, if demonstrating compliance with the mercury emission limit in table 1 to this subpart through performance testing under §§63.7825 and 63.7833, you must conduct subsequent performance tests twice per permit cycle ( i.e., mid-term and initial/final) for sources with title V operating permits, and every 2.5 years for sources without a title V operating permit, at the outlet of the control devices for the BOPF Group.

(f) For each sinter plant windbox, you must conduct subsequent mercury, hydrogen chloride, carbonyl sulfide, dioxin/furan, and polycyclic aromatic hydrocarbon performance tests every 5 years.

(g) For each blast furnace stove and BOPF shop primary emission control device, you must conduct subsequent hydrogen chloride and total hydrocarbon testing every 5 years. For the BOPF shop primary emission control device, you must also conduct subsequent dioxin/furan testing every 5 years.

(h) For each blast furnace casthouse and BOPF shop, you must conduct subsequent opacity tests two times per month during a cast, or during a full heat cycle, as appropriate.

(i) For planned bleeder valve openings on each blast furnace, you must conduct opacity tests according to §63.7823(f) for each planned opening.

(j) For slag processing, handling, and storage operations for each blast furnace or BOPF, you must conduct subsequent opacity tests once per week for a minimum of 18 minutes for each: BF pit filling; BOPF slag pit filling; BF pit digging; BOPF slag pit digging; and one slag handling (either truck loading or dumping slag to slag piles).

(k) For large bells on each blast furnace, you must conduct visible emissions testing on the interbell relief valve according to EPA Method 22 in appendix A-7 to part 60 of this chapter, unless specified in paragraphs (k)(1) through (3) of this section. Testing must be conducted monthly, for 15 minutes.

(1) If visible emissions are detected for a large bell during the monthly visible emissions testing, you must conduct EPA Method 9 (in appendix A-4 to part 60 of this chapter) opacity tests in place of EPA Method 22 testing on that bell once per month, taking 3-minute averages for 15 minutes, until the large bell seal is repaired or replaced.

(2) If the average of 3 instantaneous visible emission readings taken while the interbell relief valve is exhausting exceeds 20 percent, you must initiate corrective action within five business days.

(3) Ten business days after the initial opacity exceedance of 20 percent, you must conduct an EPA Method 9 opacity test, taking 3-minute averages for 15 minutes. If the average of 3 instantaneous visible emissions readings from this test exceeds 20 percent, you must repair or replace that bell seal within 4 months.

(l) For small bells on each blast furnace, you must conduct visible emissions testing according to EPA Method 22 in appendix A-7 to part 60 of this chapter. Testing must be conducted monthly for 15 minutes. If visible emissions are observed, you must compare the period between the visible emissions being present and the most recent bell seal repair or replacement. If this time period or throughput is shorter or lower than the period or throughput stated in the O&M plan required by 63.7800, this new shorter period or lower limit shall be placed in the O&M plan as the work practice limit.

(m) For each blast furnace casthouse, you must conduct subsequent hydrogen chloride and total hydrocarbon testing every 5 years.

§63.7823 What test methods and other procedures must I use to demonstrate initial compliance with the opacity limits?

(a) For each discharge end of a sinter plant, sinter plant cooler, blast furnace casthouse, BOPF shop, and large bell on a blast furnace, you must conduct each performance test that applies to your affected source based on representative performance ( i.e., performance based on normal operating conditions) of the affected source for the period being tested, according to the conditions detailed in paragraphs (b) through (d) of this section. Representative conditions exclude periods of startup and shutdown. You shall 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 normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.

* * * *

§63.7825 What test methods and other procedures must I use to demonstrate initial compliance with the emission limits for hazardous air pollutants?

(a) If demonstrating compliance with the emission limits in Table 1 to this subpart through performance testing, you must conduct a performance test to demonstrate initial compliance with the emission limit. If demonstrating compliance with the emission limit through performance testing, you must conduct each performance test that applies to your affected source based on representative performance ( i.e., performance based on normal operating conditions) of the affected source for the period being tested, according to the conditions detailed in paragraphs (b) through (k) of this section. Representative conditions exclude periods of startup and shutdown. You shall not conduct performance tests during periods of malfunction. Initial compliance tests must be conducted by the deadlines in §63.7820(e).

* * * * *

(b) * * *

(1) * * *

(v) EPA Method 29 or 30B in appendix A-8 to part 60 of this chapter to determine the concentration of mercury from the exhaust stream stack of each unit. If performing measurements using EPA Method 29, you must collect a minimum sample volume of 1.7 dscm (60 dscf). Alternative test methods may be considered on a case-by-case basis per §63.7(f).

(2) Three valid test runs are needed to comprise a performance test of each unit in table 1 to this subpart as applicable. If the performance testing results for any of the emission points yields a non-detect value, then the method detection limit (MDL) must be used to calculate the mass emissions (lb) for that emission unit and, in turn, for calculating the sum of the emissions (in units of pounds of mercury per ton of steel scrap or pounds of mercury per ton of product sinter) for all units subject to the emission standard for determining compliance. If the resulting mercury emissions are greater than the MACT emission standard, the owner or operator may use procedures that produce lower MDL results and repeat the mercury performance testing one additional time for any emission point for which the measured result was below the MDL. If this additional testing is performed, the results from that testing must be used to determine compliance ( i.e., there are no additional opportunities allowed to lower the MDL).

* * * * *

(c) Calculate the mass emissions, based on the average of three test run values, for each BOPF Group unit (or combination of units that are ducted to a common stack and are tested when all affected sources are operating pursuant to paragraph (a) of this section) using equation 1 to this paragraph (c) as follows:



Where:

E = Mass emissions of pollutant, pounds (lb);

C s = Concentration of pollutant in stack gas, mg/dscm;

454,000 = Conversion factor (mg/lb);

Q = Volumetric flow rate of stack gas, dscf/min;

35.31 = Conversion factor (dscf/dscm); and

t = Duration of test, minutes.

* * * *

§63.7830 What are my monitoring requirements?

* * * *

(e)(2) Compute and record the 30-day rolling average of the volatile organic compound emissions (lbs/ton of sinter) for each operating day using the procedures in §63.7824(e).

[Change Notice] [New Text]

§63.7841 What reports must I submit and when?

* * * *

(d) CEDRI submission. If you are required to submit reports following the procedure specified in this paragraph, you must submit reports to the EPA via CEDRI, which can be accessed through EPA's CDX ( https://cdx.epa.gov/ ). You must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri ) for this subpart. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information in the report, you must submit a complete file, including information claimed to be CBI, to the EPA following the procedures in paragraphs (d)(1) and (2) of this section. Clearly mark the part or all of the informatioqn that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described earlier in this paragraph.

(1) The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address oaqpscbi@epa.gov, and as described above, should include clear CBI markings and be flagged to the attention of the Integrated Iron and Steel Sector Lead. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, please email oaqpscbi@epa.gov to request a file transfer link.

(2) If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Integrated Iron and Steel Sector Lead. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope.

§63.7842 What records must I keep?

* * * *

(d) You must keep the records required in §§63.7823, 63.7833, and 63.7834 to show continuous compliance with each emission limitation and operation and maintenance requirement that applies to you. This includes a record of each large and small bell repair and replacement, a record of the date on which the large bell opacity has exceeded 20 percent, and the most current time period or throughput over which no opacity was observed from the small bell.

[Change Notice] [New Text]

Table 1 to Subpart FFFFF of Part 63 - Emission, Opacity, and Work Practice Limits

As required in §63.7790(a), you must comply with each applicable emission, opacity, and work practice limit in the following table:

Table 1 to Subpart FFFFF of Part 63—Emission, Opacity, and Work Practice Limits
For . . .You must comply with each of the following . . .
1 This limit applies if the cooler is vented to the same control device as the discharge end.
2 This concentration limit (gr/dscf) for a control device does not apply to discharges inside a building or structure housing the discharge end at an existing sinter plant, inside a casthouse at an existing blast furnace, or inside an existing BOPF shop if the control device was installed before August 30, 2005.
3 This limit applies to control devices operated in parallel for a single BOPF during the oxygen blow.
1. Each windbox exhaust stream at an existing sinter planta. You must not cause to be discharged to the atmosphere any gases that contain particulate matter in excess of 0.4 lb/ton of product sinter;
b. You must not cause to be discharged to the atmosphere any gases that contain mercury in excess of 0.000018 lb/ton of product sinter;
c. You must not cause to be discharged to the atmosphere any gases that contain hydrogen chloride in excess of 0.025 lb/ton of product sinter;
d. You must not cause to be discharged to the atmosphere any gases that contain carbonyl sulfide in excess of 0.064 lb/ton of product sinter;
e. You must not cause to be discharged to the atmosphere any gases that contain D/F TEQs in excess of 1.1E-08 lb/ton of product sinter; and
f. You must not cause to be discharged to the atmosphere any gases that contain polycyclic aromatic hydrocarbons in excess of 0.0018 lb/ton of product sinter.
2. Each windbox exhaust stream at a new sinter planta. You must not cause to be discharged to the atmosphere any gases that contain particulate matter in excess of 0.3 lb/ton of product sinter;
b. You must not cause to be discharged to the atmosphere any gases that contain mercury in excess of 0.000012 lb/ton of product sinter;
c. You must not cause to be discharged to the atmosphere any gases that contain hydrogen chloride in excess of 0.0012 lb/ton of product sinter;
d. You must not cause to be discharged to the atmosphere any gases that contain carbonyl sulfide in excess of 0.030 lb/ton of product sinter;
e. You must not cause to be discharged to the atmosphere any gases that contain D/F TEQs in excess of 1.1E-08 lb/ton of product sinter; and
f. You must not cause to be discharged to the atmosphere any gases that contain polycyclic aromatic hydrocarbons in excess of 0.0015 lb/ton of product sinter.
3. Each discharge end at an existing sinter planta. You must not cause to be discharged to the atmosphere any gases that exit from one or more control devices that contain, on a flow-weighted basis, particulate matter in excess of 0.02 gr/dscf; 12 and
b. You must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the building or structure housing the discharge end that exhibit opacity greater than 20 percent (6-minute average).
4. Each discharge end at a new sinter planta. You must not cause to be discharged to the atmosphere any gases that exit from one or more control devices that contain, on a flow weighted basis, particulate matter in excess of 0.01 gr/dscf; and
b. You must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the building or structure housing the discharge end that exhibit opacity greater than 10 percent (6-minute average).
5. Each sinter cooler at an existing sinter plantYou must not cause to be discharged to the atmosphere any emissions that exhibit opacity greater than 10 percent (6-minute average).
6. Each sinter cooler at a new sinter plantYou must not cause to be discharged to the atmosphere any gases that contain particulate matter in excess of 0.01 gr/dscf.
7. Each casthouse at an existing blast furnacea. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain particulate matter in excess of 0.01 gr/dscf; 2
b. You must not cause to be discharged to the atmosphere any secondary emissions that exit all openings in the casthouse or structure housing the blast furnace that exhibit opacity greater than 20 percent (6-minute average);
c. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain hydrogen chloride in excess of 0.0056 lb/ton of iron;
d. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain total hydrocarbons as propane in excess of 0.48 lb/ton of iron; and
e. You must not cause unplanned bleeder valve openings in excess of 4 events per year for large blast furnaces or 15 events per year for small blast furnaces.
8. Each casthouse at a new blast furnacea. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain particulate matter in excess of 0.003 gr/dscf; and
b. You must not cause to be discharged to the atmosphere any secondary emissions that exit all openings in the casthouse or structure housing the blast furnace that exhibit opacity greater than 15 percent (6-minute average);
c. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain hydrogen chloride in excess of 0.00059 lb/ton of iron;
d. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain total hydrocarbons as propane in excess of 0.035 lb/ton of iron; and
e. You must not cause unplanned bleeder valve openings in excess of zero events per year.
9. Each BOPF at a new or existing shopa. You must not cause to be discharged to the atmosphere any gases that exit from a primary emission control system for a BOPF with a closed hood system at a new or existing BOPF shop that contain, on a flow-weighted basis, particulate matter in excess of 0.03 gr/dscf during the primary oxygen blow; 23
b. You must not cause to be discharged to the atmosphere any gases that exit from a primary emission control system for a BOPF with an open hood system that contain, on a flow-weighted basis, particulate matter in excess of 0.02 gr/dscf during the steel production cycle for an existing BOPF shop 23 or 0.01 gr/dscf during the steel production cycle for a new BOPF shop; 3
c. You must not cause to be discharged to the atmosphere any gases that exit from a control device used solely for the collection of secondary emissions from the BOPF that contain particulate matter in excess of 0.01 gr/dscf for an existing BOPF shop 2 or 0.0052 gr/dscf for a new BOPF shop;
d. You must not cause to be discharged to the atmosphere any gases that exit from a primary emission control system for a BOPF that contain hydrogen chloride in excess of 0.058 lb/ton of steel for existing sources and 2.8E-04 lb/ton steel for new sources;
e. You must not cause to be discharged to the atmosphere any gases that exit from a primary emission control system for a BOPF that contain THC as propane in excess of 0.04 lb/ton of steel for existing sources and 0.0017 lb/ton of steel for new sources; and
f. You must not cause to be discharged to the atmosphere any gases that exit from a primary emission control system for a BOPF that contain D/F TEQs in excess of 9.2E-10 lb/ton of steel.
10. Each hot metal transfer, skimming, and desulfurization operation at a new or existing BOPF shopYou must not cause to be discharged to the atmosphere any gases that exit from a control device that contain particulate matter in excess of 0.01 gr/dscf for an existing BOPF shop 2 or 0.003 gr/dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shopYou must not cause to be discharged to the atmosphere any gases that exit from a control device that contain particulate matter in excess of 0.01 gr/dscf for an existing BOPF shop 2 or 0.004 gr/dscf for a new BOPF shop.
12. Each existing BOPF shopYou must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the BOPF shop or any other building housing the BOPF or BOPF shop operation that exhibit opacity greater than 20 percent (3-minute average).
13. Each new BOPF shopa. You must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the BOPF shop or other building housing a bottom-blown BOPF or BOPF shop operations that exhibit opacity (for any set of 6-minute averages) greater than 10 percent, except that one 6-minute period not to exceed 20 percent may occur once per steel production cycle; or
b. You must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the BOPF shop or other building housing a top-blown BOPF or BOPF shop operations that exhibit opacity (for any set of 3-minute averages) greater than 10 percent, except that one 3-minute period greater than 10 percent but less than 20 percent may occur once per steel production cycle.
14. Each BOPF Group at an existing BOPF shopYou must not cause to be discharged to the atmosphere any gases that exit from the collection of BOPF Group control devices that contain mercury in excess of 0.00026 lb/ton of steel scrap input to the BOPF.
15. Each BOPF Group at a new BOPF shopYou must not cause to be discharged to the atmosphere any gases that exit from the collection of BOPF Group control devices that contain mercury in excess of 0.000081 lb/ton of steel scrap input to the BOPF.
16. Each planned bleeder valve opening at a new or existing blast furnaceYou must not cause to be discharged to the atmosphere any emissions that exhibit opacity greater than 8 percent (6-minute average).
17. Each slag processing, handling and storage operation for a new or existing blast furnace or BOPFYou must not cause to be discharged to the atmosphere any emissions that exhibit opacity greater than 10 percent (6-minute average).
18. Each existing blast furnace stovea. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain HCl in excess of 0.0012 lb/MMBtu; and
b. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain THC in excess of 0.12 lb/MMBtu.
19. Each new blast furnace stovea. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain HCl in excess of 4.2e-4 lb/MMBtu; and
b. You must not cause to be discharged to the atmosphere any gases that exit from a control device that contain THC in excess of 0.0054 lb/MMBtu.

[Change Notice] [New Text]

Table 2 to Subpart FFFFF of Part 63 - Initial Compliance With Emission and Opacity Limits

As required in §63.7826(a)(1), you must demonstrate initial compliance with the emission and opacity limits according to the following table:

Table 2 to Subpart FFFFF of Part 63 - Initial Compliance With Emission and Opacity Limits
For . . .You have demonstrated initial compliance if . . .
1. Each windbox exhaust stream at an existing sinter planta. The process-weighted mass rate of particulate matter from a windbox exhaust stream, measured according to the performance test procedures in §63.7822(c), did not exceed 0.4 lb/ton of product sinter;
b. The process-weighted mass rate of mercury from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.000018 lb/ton of product sinter;
c. The process-weighted mass rate of hydrogen chloride from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.025 lb/ton of product sinter;
d. The process-weighted mass rate of carbonyl sulfide from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.064 lb/ton of product sinter;
e. The process-weighted mass rate of D/F TEQs from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 1.1E-08 lb/ton of product sinter; and
f. The process-weighted mass rate of polycyclic aromatic hydrocarbons from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.0018 lb/ton of product sinter.
2. Each windbox exhaust stream at a new sinter planta. The process-weighted mass rate of particulate matter from a windbox exhaust stream, measured according to the performance test procedures in §63.7822(c), did not exceed 0.3 lb/ton of product sinter;
b. The process-weighted mass rate of mercury from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.000012 lb/ton of product sinter;
c. The process-weighted mass rate of hydrogen chloride from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.0012 lb/ton of product sinter;
d. The process-weighted mass rate of carbonyl sulfide from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.030 lb/ton of product sinter;
e. The process-weighted mass rate of D/F TEQs from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 1.1E-08 lb/ton of product sinter; and
f. The process-weighted mass rate of polycyclic aromatic hydrocarbons from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.0015 lb/ton of product sinter.
3. Each discharge end at an existing sinter planta. The flow-weighted average concentration of particulate matter from one or more control devices applied to emissions from a discharge end, measured according to the performance test procedures in §63.7822(d), did not exceed 0.02 gr/dscf; and
b. The opacity of secondary emissions from each discharge end, determined according to the performance test procedures in §63.7823(c), did not exceed 20 percent (6-minute average).
4. Each discharge end at a new sinter planta. The flow-weighted average concentration of particulate matter from one or more control devices applied to emissions from a discharge end, measured according to the performance test procedures in §63.7822(d), did not exceed 0.01 gr/dscf; and
b. The opacity of secondary emissions from each discharge end, determined according to the performance test procedures in §63.7823(c), did not exceed 10 percent (6-minute average).
5. Each sinter cooler at an existing sinter plantThe opacity of emissions, determined according to the performance test procedures in §63.7823(e), did not exceed 10 percent (6-minute average).
6. Each sinter cooler at a new sinter plantThe average concentration of particulate matter, measured according to the performance test procedures in §63.7822(b), did not exceed 0.01 gr/dscf.
7. Each casthouse at an existing blast furnacea. The average concentration of particulate matter from a control device applied to emissions from a casthouse, measured according to the performance test procedures in §63.7822(e), did not exceed 0.01 gr/dscf;
b. The opacity of secondary emissions from each casthouse, determined according to the performance test procedures in §63.7823(c), did not exceed 20 percent (6-minute average);
c. The process-weighted mass rate of hydrogen chloride from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.0056 lb/ton of iron;
d. The process-weighted mass rate of total hydrocarbons from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.48 lb/ton of iron; and
e. The number of unplanned bleeder valve openings in one year, as reported according to the specifications in §63.7841(b)(14), did not exceed 4 events for large blast furnaces or 15 events for small blast furnaces.
8. Each casthouse at a new blast furnacea. The average concentration of particulate matter from a control device applied to emissions from a casthouse, measured according to the performance test procedures in §63.7822(e), did not exceed 0.003 gr/dscf; and
b. The opacity of secondary emissions from each casthouse, determined according to the performance test procedures in §63.7823(c), did not exceed 15 percent (6-minute average);
c. The process-weighted mass rate of hydrogen chloride from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.00059 lb/ton of iron;
d. The process-weighted mass rate of total hydrocarbons from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.035 lb/ton of iron; and
e. The number of unplanned bleeder valve openings in one year, as reported according to the specifications in §63.7841(b)(14), did not exceed zero events.
9. Each BOPF at a new or existing BOPF shopa. The average concentration of particulate matter from a primary emission control system applied to emissions from a BOPF with a closed hood system, measured according to the performance test procedures in §63.7822(f), did not exceed 0.03 gr/dscf for a new or existing BOPF shop;
b. The average concentration of particulate matter from a primary emission control system applied to emissions from a BOPF with an open hood system, measured according to the performance test procedures in §63.7822(g), did not exceed 0.02 gr/dscf for an existing BOPF shop or 0.01 gr/dscf for a new BOPF shop;
c. The average concentration of particulate matter from a control device applied solely to secondary emissions from a BOPF, measured according to the performance test procedures in §63.7822(g), did not exceed 0.01 gr/dscf for an existing BOPF shop or 0.0052 gr/dscf for a new BOPF shop;
d. The process-weighted mass rate of hydrogen chloride from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.058 lb/ton of steel for an existing BOPF shop or 0.00028 lb/ton of steel for a new BOPF shop;
e. The process-weighted mass rate of total hydrocarbons from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.04 lb/ton of steel for an existing BOPF shop or 0.0017 lb/ton of steel for a new BOPF shop; and
f. The process-weighted mass rate of D/F TEQs from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 9.2e-10 lb/ton of steel.
10. Each hot metal transfer skimming, and desulfurization at a new or existing BOPF shopThe average concentration of particulate matter from a control device applied to emissions from hot metal transfer, skimming, or desulfurization, measured according to the performance test procedures in §63.7822(h), did not exceed 0.01 gr/dscf for an existing BOPF shop or 0.003 gr/dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shopThe average concentration of particulate matter from a control device applied to emissions from a ladle metallurgy operation, measured according to the performance test procedures in §63.7822(h), did not exceed 0.01 gr/dscf for an existing BOPF shop or 0.004 gr/dscf for a new BOPF shop.
12. Each existing BOPF shopThe opacity of secondary emissions from each BOPF shop, determined according to the performance test procedures in §63.7823(d), did not exceed 20 percent (3-minute average).
13. Each new BOPF shopa. The opacity of the highest set of 6-minute averages from each BOPF shop housing a bottom-blown BOPF, determined according to the performance test procedures in §63.7823(d), did not exceed 20 percent and the second highest set of 6-minute averages did not exceed 10 percent; or
b. The opacity of the highest set of 3-minute averages from each BOPF shop housing a top-blown BOPF, determined according to the performance test procedures in §63.7823(d), did not exceed 20 percent and the second highest set of 3-minute averages did not exceed 10 percent.
14. Each BOPF Group at an existing BOPF shopIf demonstrating compliance through performance testing, the average emissions of mercury from the collection of BOPF Group control devices applied to the emissions from the BOPF Group, measured according to the performance test procedures in §63.7825, did not exceed 0.00026 lb/ton steel scrap input to the BOPF.
15. Each BOPF Group at a new BOPF shopIf demonstrating compliance through performance testing, the average emissions of mercury from the collection of BOPF Group control devices applied to the emissions from the BOPF Group, measured according to the performance test procedures in §63.7825, did not exceed 0.000081 lb/ton steel scrap input to the BOPF.
16. Each planned bleeder valve opening at a new or existing blast furnaceThe opacity of emissions, determined according to the performance test procedures in §63.7823(f), did not exceed 8 percent (6-minute average).
17. Each slag processing, handling and storage operation for a new or existing blast furnace or BOPFThe opacity of emissions, determined according to the performance test procedures in §63.7823(g), did not exceed 10 percent (6-minute average).
18. Each existing blast furnace stovea. The process-weighted mass rate of HCl from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.0012 lb/MMBtu; and
b. The process-weighted mass rate of THC from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.12 lb/MMBtu.
19. Each new blast furnace stovea. The process-weighted mass rate of HCl from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 4.2e-4 lb/MMBtu; and
b. The process-weighted mass rate of THC from a windbox exhaust stream, measured according to the performance test procedures in §63.7825, did not exceed 0.0054 lb/MMBtu.

[Change Notice] [New Text]

Table 3 to Subpart FFFFF of Part 63 - Continuous Compliance With Emission and Opacity Limits

As required in §63.7833(a), you must demonstrate continuous compliance with the emission and opacity limits according to the following table:

Table 3 to Subpart FFFFF of Part 63—Continuous Compliance With Emission and Opacity Limits
For . . .You must demonstrate continuous compliance by . . .
1. Each windbox exhaust stream at an existing sinter planta. Maintaining emissions of particulate matter at or below 0.4 lb/ton of product sinter; b. Conducting subsequent performance tests at the frequencies specified in §63.7821;
c. Maintaining emissions of mercury at or below 0.000018 lb/ton of product sinter;
d. Maintaining emissions of hydrogen chloride at or below 0.025 lb/ton of product sinter;
e. Maintaining emissions of carbonyl sulfide at or below 0.064 lb/ton of product sinter;
f. Maintaining emissions of D/F TEQs at or below 1.1E-08 lb/ton of product sinter; and
g. Maintaining emissions of polycyclic aromatic hydrocarbons at or below 0.0018 lb/ton of product sinter.
2. Each windbox exhaust stream at a new sinter planta. Maintaining emissions of particulate matter at or below 0.3 lb/ton of product sinter; b. Conducting subsequent performance tests at the frequencies specified in §63.7821;
c. Maintaining emissions of mercury at or below 0.000012 lb/ton of product sinter;
d. Maintaining emissions of hydrogen chloride at or below 0.0012 lb/ton of product sinter;
e. Maintaining emissions of carbonyl sulfide at or below 0.030 lb/ton of product sinter;
f. Maintaining emissions of D/F TEQs at or below 1.1E-08 lb/ton of product sinter; and
g. Maintaining emissions of polycyclic aromatic hydrocarbons at or below 0.0015 lb/ton of product sinter.
3. Each discharge end at an existing sinter planta. Maintaining emissions of particulate matter from one or more control devices at or below 0.02 gr/dscf; and b. Maintaining the opacity of secondary emissions that exit any opening in the building or structure housing the discharge end at or below 20 percent (6-minute average); and
c. Conducting subsequent performance tests at the frequencies specified in §63.7821.
4. Each discharge end at a new sinter planta. Maintaining emissions of particulate matter from one or more control devices at or below 0.01 gr/dscf; and b. Maintaining the opacity of secondary emissions that exit any opening in the building or structure housing the discharge end at or below 10 percent (6-minute average); and
c. Conducting subsequent performance tests at the frequencies specified in §63.7821.
5. Each sinter cooler at an existing sinter planta. Maintaining the opacity of emissions that exit any sinter cooler at or below 10 percent (6-minute average); and b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
6. Each sinter cooler at a new sinter planta. Maintaining emissions of particulate matter at or below 0.1 gr/dscf; and
b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
7. Each casthouse at an existing blast furnacea. Maintaining emissions of particulate matter from a control device at or below 0.01 gr/dscf; b. Maintaining the opacity of secondary emissions that exit all openings in the casthouse or structure housing the casthouse at or below 20 percent (6-minute average);
c. Conducting subsequent performance tests at the frequencies specified in §63.7821;
d. Maintaining emissions of hydrogen chloride at or below 0.0056 lb/ton of iron;
e. Maintaining emissions of total hydrocarbons at or below 0.48 lb/ton of iron; and
f. Maintaining unplanned bleeder valve openings at or below 4 events per year for large blast furnaces or 15 events per year for small blast furnaces.
8. Each casthouse at a new blast furnacea. Maintaining emissions of particulate matter from a control device at or below 0.003 gr/dscf; b. Maintaining the opacity of secondary emissions that exit all openings in the casthouse or structure housing the casthouse at or below 15 percent (6-minute average);
c. Conducting subsequent performance tests at the frequencies specified in §63.7821;
d. Maintaining emissions of hydrogen chloride at or below 0.00059 lb/ton of iron;
e. Maintaining emissions of total hydrocarbons at or below 0.035 lb/ton of iron; and
f. Maintaining unplanned bleeder valve openings at zero events per year.
9. Each BOPF at a new or existing BOPF shopa. Maintaining emissions of particulate matter from the primary control system for a BOPF with a closed hood system at or below 0.03 gr/dscf;
b. Maintaining emissions of particulate matter from the primary control system for a BOPF with an open hood system at or below 0.02 gr/dscf for an existing BOPF shop or 0.01 gr/dscf for a new BOPF shop;
c. Maintaining emissions of particulate matter from a control device applied solely to secondary emissions from a BOPF at or below 0.01 gr/dscf for an existing BOPF shop or 0.0052 gr/dscf for a new BOPF shop;
d. Conducting subsequent performance tests at the frequencies specified in §63.7821;
e. Maintaining emissions of hydrogen chloride from a primary emission control system for a BOPF at or below 0.058 lb/ton of steel for existing sources and 2.8E-04 lb/ton steel for new sources;
f. Maintaining emissions of THC from a primary emission control system for a BOPF at or below 0.04 lb/ton of steel for existing sources and 0.0017 lb/ton of steel for new sources; and
g. Maintaining emissions of D/F TEQs from a primary emission control system for a BOPF at or below 9.2E-10 lb/ton of steel.
10. Each hot metal transfer, skimming, and desulfurization operation at a new or existing BOPF shopa. Maintaining emissions of particulate matter from a control device at or below 0.01 gr/dscf at an existing BOPF or 0.003 gr/dscf for a new BOPF; and b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
11. Each ladle metallurgy operation at a new or existing BOPF shopa. Maintaining emissions of particulate matter from a control device at or below 0.01 gr/dscf at an existing BOPF shop or 0.004 gr/dscf for a new BOPF shop; and
b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
12. Each existing BOPF shopa. Maintaining the opacity of secondary emissions that exit any opening in the BOPF shop or other building housing the BOPF shop or shop operation at or below 20 percent (3-minute average); and
b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
13. Each new BOPF shopa. Maintaining the opacity (for any set of 6-minute averages) of secondary emissions that exit any opening in the BOPF shop or other building housing a bottom-blown BOPF or shop operation at or below 10 percent, except that one 6-minute period greater than 10 percent but no more than 20 percent may occur once per steel production cycle;
b. Maintaining the opacity (for any set of 3-minute averages) of secondary emissions that exit any opening in the BOPF shop or other building housing a top-blown BOPF or shop operation at or below 10 percent, except that one 3-minute period greater than 10 percent but less than 20 percent may occur once per steel production cycle; and
c. Conducting subsequent performance tests at the frequencies specified in §63.7821.
14. Each BOPF Group at an existing BOPF shopa. Maintaining emissions of mercury from the collection of BOPF Group control devices at or below 0.00026 lb/ton steel scrap input to the BOPF; and
b. If demonstrating compliance through performance testing, conducting subsequent performance tests at the frequencies specified in §63.7821; and
c. If demonstrating compliance through §63.7791(c), (d), or (e), maintaining records pursuant to §63.7842(e).
15. Each BOPF Group at a new BOPF shopa. Maintaining emissions of mercury from the collection of BOPF Group control devices at or below 0.000081 lb/ton steel scrap input to the BOPF; and
b. If demonstrating compliance through performance testing, conducting subsequent performance tests at the frequencies specified in §63.7821; and
c. If demonstrating compliance through §63.7791(c), (d), or (e), maintaining records pursuant to §63.7842(e).
16. Each planned bleeder valve opening at a new or existing blast furnacea. Maintaining the opacity of emissions that exit any bleeder valve as a result of a planned opening at or below 8 percent (6-minute average); and
b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
17. Each slag processing, handling and storage operation for a new or existing blast furnace or BOPFa. Maintaining the opacity of emissions that exit any slag processing, handling, or storage operation at or below 10 percent (6-minute average); and b. Conducting subsequent performance tests at the frequencies specified in §63.7821.
18. Each existing blast furnace stovea. Maintaining emissions of HCl at or below 0.0012 lb/MMBtu;
b. Maintaining emissions of THC at or below 0.12 lb/MMBtu; and
c. Conducting subsequent performance tests at the frequencies specified in §63.7821.
19. Each new blast furnace stovea. Maintaining emissions of HCl at or below 4.2e-4 lb/MMBtu;
b. Maintaining emissions of THC at or below 0.0054 lb/MMBtu; and
c. Conducting subsequent performance tests at the frequencies specified in §63.7821.

[Change Notice] [New Text]

Table 4 to Subpart FFFFF of Part 63 - Applicability of General Provisions to Subpart FFFFF

As required in §63.7850, you must comply with the requirements of the NESHAP General Provisions (subpart A of this part) shown in the following table:

Table 4 to Subpart FFFFF of Part 63—Applicability of General Provisions to Subpart FFFFF
CitationSubjectApplies to subpart FFFFFExplanation
§63.1ApplicabilityYes
§63.2DefinitionsYes
§63.3Units and AbbreviationsYes
§63.4Prohibited ActivitiesYes
§63.5Construction/ReconstructionYes
§63.6(a), (b), (c), (d), (e)(1)(iii), (f)(2)-(3), (g), (h)(2)(ii)-(h)(9)Compliance with Standards and Maintenance RequirementsYes
§63.6(e)(1)(i)General Duty to Minimize EmissionsNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7810(d) for general duty requirement.
§63.6(e)(1)(ii)Requirement to Correct Malfunctions ASAPNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes, on or before January 11, 2021, and No thereafter
§63.6(e)(3)SSM Plan RequirementsNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7810(c).
§63.6(f)(1)Compliance except during SSMNoSee §63.7810(a).
§63.6(h)(1)Compliance except during SSMNoSee §63.7810(a).
§63.6(h)(2)(i)Determining Compliance with Opacity and VE StandardsNoSubpart FFFFF specifies methods and procedures for determining compliance with opacity emission and operating limits.
§63.6(i)Extension of Compliance with Emission StandardsYes
§63.6(j)Exemption from Compliance with Emission StandardsYes
§63.7(a)(1)-(2)Applicability and Performance Test DatesNoSubpart FFFFF and specifies performance test applicability and dates.
§63.7(a)(3), (b)-(d), (e)(2)-(4), (f)-(h)Performance Testing RequirementsYes
§63.7(e)(1)Performance TestingNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §§63.7822(a), 63.7823(a), and 63.7825(a).
§63.8(a)(1)-(3), (b), (c)(1)(ii), (c)(2)-(3), (c)(4)(i)-(ii), (c)(5)-(6), (c)(7)-(8), (d)(1)-(2), (e), (f)(1)-(5), (g)(1)-(4)Monitoring RequirementsYesCMS requirements in §63.8(c)(4)(i)-(ii), (c)(5)-(6), (d)(1)-(2), and (e) apply only to COMS.
§63.8(a)(4)Additional Monitoring Requirements for Control Devices in §63.11NoSubpart FFFFF does not require flares.
§63.8(c)(1)(i)General Duty to Minimize Emissions and CMS OperationNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafter
§63.8(c)(1)(iii)Requirement to Develop SSM Plan for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafter
§63.8(c)(4)Continuous Monitoring System RequirementsNoSubpart FFFFF specifies requirements for operation of CMS.
§63.8(d)(3)Written procedures for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7842(b)(3).
§63.8(f)(6)RATA AlternativeNo
§63.8(g)(5)Data ReductionNoSubpart FFFFF specifies data reduction requirements.
§63.9Notification RequirementsYesAdditional notifications for CMS in §63.9(g) apply only to COMS.
§63.10(a), (b)(1), (b)(2)(x), (b)(2)(xiv), (b)(3), (c)(1)-(6), (c)(9)-(14), (d)(1)-(4), (e)(1)-(2), (e)(4), (f)Recordkeeping and Reporting RequirementsYesAdditional records for CMS in §63.10(c)(1)-(6), (9)-(14), and reports in §63.10(d)(1)-(2) apply only to COMS.
§63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafter
§63.10(b)(2)(ii)Recordkeeping of Failures to Meet a StandardNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7842(a)(2)-(4) for recordkeeping of (1) date, time, and duration of failure to meet the standard; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§63.10(b)(2)(iii)Maintenance RecordsYes
§63.10(b)(2)(iv)Actions Taken to Minimize Emissions During SSMNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7842(a)(4) for records of actions taken to minimize emissions.
§63.10(b)(2)(v)Actions Taken to Minimize Emissions During SSMNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7842(a)(4) for records of actions taken to minimize emissions.
§63.10(b)(2)(vi)Recordkeeping for CMS MalfunctionsYes
§63.10(b)(2)(vii)-(ix)Other CMS RequirementsYes
§63.10(b)(2)(xiii)CMS Records for RATA AlternativeNo
§63.10(c)(7)-(8)Records of Excess Emissions and Parameter Monitoring Exceedances for CMSNoSubpart FFFFF specifies record requirements; see §63.7842.
§63.10(c)(15)Use of SSM PlanNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafter
§63.10(d)(5)(i)Periodic SSM ReportsNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafterSee §63.7841(b)(4) for malfunction reporting requirements.
§63.10(d)(5)(ii)Immediate SSM ReportsNo, for new or reconstructed sources which commenced construction or reconstruction after August 16, 2019. For all other affected sources, Yes on or before January 11, 2021, and No thereafter
§63.10(e)(3)Excess Emission ReportsNoSubpart FFFFF specifies reporting requirements; see §63.7841.
§63.11Control Device RequirementsNoSubpart FFFFF does not require flares.
§63.12State Authority and DelegationsYes
§63.13-§63.16Addresses, Incorporations by Reference, Availability of Information and Confidentiality, Performance Track ProvisionsYes
2024-03-28T05:00:00Z

EPA Final Rule: Clean Water Act Hazardous Substance Facility Response Plans

The U.S. Environmental Protection Agency (EPA or Agency) is finalizing facility response plan requirements for worst case discharges of Clean Water Act (CWA) hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone.

DATES: This final rule is effective on May 28, 2024, published in the Federal Register, page 21924.

View final rule.

Part 118—Clean Water Act Hazardous Substances Facility Response Plans
Entire partAddedView text
§300.185 Nongovernmental participation.
(a)RevisedView text
§300.211 OPA facility and vessel response plans.
(c)RevisedView text
§300.411 Response to CWA hazardous substance worst case discharges.
Entire sectionAddedView text

New Text

§300.185 Nongovernmental participation.

(a) Industry groups, academic organizations, and others are encouraged to commit resources for response operations. Specific commitments should be listed in the RCP and ACP. Those entities required to develop tank vessel and facility response plans under CWA section 311(j) must be able to respond to a worst case discharge to the maximum extent practicable, and shall commit sufficient resources to implement other aspects of those plans in accordance with the requirements of 30 CFR part 254, 33 CFR parts 150, 154, and 155; 40 CFR parts 112 and 118; and 49 CFR parts 171 and 194.

* * * * *

§300.211 OPA facility and vessel response plans.

* * * * *

(c) For non-transportation-related onshore facilities, these regulations are codified in 40 CFR 112.20 and 40 CFR part 118;

* * * * *

2024-03-28T05:00:00Z

EPA Final Rule: Chrysotile Asbestos; Regulation Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency (EPA or the Agency) is issuing this final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use. The injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation exposure to chrysotile asbestos.

DATES: This final rule is effective on May 28, 2024, published in the Federal Register March 28, 2024, page 21970.

View final rule.

Subpart F—Chrysotile Asbestos
Entire subpartAddedView text
2024-03-26T05:00:00Z

EPA Proposed Rule: Request To Submit Unpublished Health and Safety Data Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency (EPA or the Agency) is proposing to require manufacturers (including importers) of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA. Health and safety studies sought by this action will help inform EPA's responsibilities pursuant to TSCA, including prioritization, risk evaluation, and risk management.

DATES: This proposed rule is published in the Federal Register March 26, 2024, page 20918.

View proposed rule.

PFAS cleanup: Senators weigh CERCLA ‘liability shield’ for utilities/landfills
2024-03-25T05:00:00Z

PFAS cleanup: Senators weigh CERCLA ‘liability shield’ for utilities/landfills

An EPA final rule to designate two PFAS as hazardous substances under CERCLA is expected this year! However, a recent “standing-room-only” Senate hearing evaluated potential consequences of the rule. Much of the discussion was over liability concerns for “passive receivers” like water utilities and landfills. The upcoming rule may not provide EPA with flexibility to exempt them.

Costs of PFAS

During the March 20 hearing, Senator Tom Carper (D-DE), Chairperson of the Senate Environment and Public Works Committee, made it a point that PFAS has proved useful. It has even saved many lives as a firefighting foam, he asserted. PFAS is short for per- and polyfluoroalkyl substances.

It’s also a pervasive threat to human health, Carper concluded. A health advocate who testified at the hearing warned the Senators that failing to address PFAS in drinking water will result in thousands of deaths. Cause-of-death examples he said include cancer, cardiovascular disease, and infant low birth weights.

Carper also brought up the millions of dollars to cleanup PFAS. He said it costs only $50 to $1,000 per pound to manufacture PFAS products. Yet, it costs $3M to $18M per pound to remove the compounds from wastewater, the lawmaker remarked. Testimony suggested that legal defense costs and technology investments can also add up to several million dollars for a facility.

Unprecedented direct designation

Everyone at the hearing agreed that EPA has never “directly” listed a substance as a CERCLA substance under 40 CFR 302. CERCLA is the Comprehensive Environmental Response, Compensation, and Liability Act.

Looking back, EPA has always defined CERCLA hazardous substances that were first regulated by other laws, like the Clean Water Act (CWA) or the Resource Conservation and Recovery Act (RCRA). In this case, PFAS compounds would be declared CERCLA hazardous substances. However, that would be without regulation under another law. This is called “CERCLA first.”

That means, for example, there are no federal water or waste permits for PFAS (yet) that could provide an exemption (or liability shield) from CERCLA. Moreover, CERCLA is retroactive. So, even if PFAS is covered by later permits, parties may be responsible for PFAS released to water, air, or land before the issuance of a permit.

The Cabinet Secretary for the New Mexico Environment Department testified that he favors listing discarded PFAS as a RCRA hazardous waste first.

Liability concerns for passive receivers

Carper stated that he has heard mounting concerns about the potential unintended impacts of the impending designation rule. Specifically, he mentioned entities that do not use these chemicals. The lawmaker explained that they could be held responsible for downstream PFAS contamination simply because the contamination traveled through their facility.

Senator and Ranking Member Shelley Capito (R-WV) agreed. “If an entity meets the definition of a ‘potentially responsible party,’ that entity is liable for all cleanup costs, regardless of intent or exercise of due care ... These entities are known as ‘passive receivers.” [They] did not manufacture or generate PFAS and were unknowingly, or required by law, to catch or to receive these contaminants.”

A legal expert for the Congressional Research Service revealed that under the upcoming rule, “Entities that have been involved in releases of PFAS could be held liable if the other preconditions to liability are met and no exemptions apply.” Her examples included:

  • Chemical manufacturers or processors,
  • Firefighting training operations that used fluorinated aqueous film-forming foam,
  • Landfills and incinerators,
  • Wastewater treatment facilities, and
  • Sites with land application or disposal of biosolids.

EPA enforcement discretion

Some testified that EPA has promised to focus enforcement efforts on PFAS manufacturers and industries that release significant amounts of PFAS. However, someone clarified that EPA would not be bound by this policy. Plus, states, tribes, and private parties can still bring litigation. A landfill association representative added, “If EPA chooses not to take any action, the passive receiver has no protection from a suit brought by another potentially responsible party.”

Options for Congress

Both Carper and Capito say they’re looking for a bipartisan legislative response to the concerns. Legislative options might include:

  • Barring EPA from designating PFAS as a hazardous substance;
  • Amending CERCLA to narrow the PFAS release types that could give rise to liability;
  • Listing the entity types that are exempt from liability for PFAS response costs;
  • Amending CERCLA so that federal EPA is solely responsible for its implementation; and
  • Listing PFAS as a RCRA hazardous waste first and increasing funding for state RCRA programs.

Congress could also go the other way. It could direct EPA to designate various PFAS as hazardous substances under CERCLA.

Key to remember

A recent Senate hearing on PFAS went over liability and a possible liability shield for passive receivers like water utilities and landfills.

See More

Most Recent Highlights In Safety & Health

GHG report checklist: 5 C’s for the GHGRP
2024-03-22T05:00:00Z

GHG report checklist: 5 C’s for the GHGRP

Each year, spring ushers in the season for green — budding trees, blooming plants, and the Greenhouse Gas Reporting Program (GHGRP). Okay, so the last item isn’t typically associated with thoughts of springtime. However, the March 31 deadline for the annual GHGRP report always springs up.

The GHGRP requires covered facilities, suppliers, and sites to submit an annual report of greenhouse gas (GHG) emissions data and other relevant information from the previous calendar year to the Environmental Protection Agency (EPA).

Although the reporting years change, the best practices for submitting accurate and timely reports don’t. Use the following checklist to help you comply with the GHG annual report requirements.

1. Confirm that you’re required to report.

The GHGRP generally applies to:

  • Certain facilities that directly emit 25,000 or more metric tons of carbon dioxide equivalent (or CO2e) per year through combustion or processing on-site;
  • Certain suppliers of fossil fuels, industrial GHGs, and GHG-containing products that result in GHG emissions when combusted, released, or oxidized; and
  • Facilities that inject carbon dioxide (CO2) underground.

See 40 CFR 98.2 for the complete eligibility requirements that facilities, suppliers, and CO2 injectors must meet to be subject to the GHG annual reporting requirements.

2. Classify all relevant source categories.

The GHGRP groups reporters by specific industry types known as source categories. Each facility must report GHG emissions for all source categories that apply.

The subparts under Part 98 list the requirements for each source category, such as:

  • Reporting thresholds,
  • The GHGs to report,
  • Calculation methods,
  • Monitoring requirements, and
  • Data reporting requirements.

For example, Part 98 Subpart Q lists the reporting requirements for the Iron and Steel Production category, while Part 98 Subpart MM lists the requirements for the Suppliers of Petroleum Products category.

Tables A-3, A-4, and A-5 under Part 98 Subpart A list the source categories and any specific reporting thresholds.

3. Calculate emissions with approved methodologies.

Reporters must use specific methodologies established in the regulations to determine GHG emissions from each source category. The subparts under Part 98 contain the approved calculation methodologies for each source category and generally include several options.

If you meet the method’s requirements, you can change emission calculation methods from year to year and within the same year.

4. Choose the designated representative.

A designated representative is the individual responsible for submitting the GHG reports on behalf of the owners and operators of the facility or supplier. The regulations at 98.4 allow (but don’t require) the designated representative to appoint an alternate designated representative and one or more agents who can act on their behalf.

EPA will not accept annual GHG emissions reports from a facility or supplier without a Certificate of Representation for a designated representative. This certificate must be submitted at least 60 days before the initial annual GHG emissions report deadline.

5. Create and prepare the reporting account ahead of time.

The GHG annual report is submitted electronically through EPA’s electronic Greenhouse Gas Reporting Tool (e-GGRT). To submit the annual report, you must first register as an e-GGRT user and create an account. If you already have an active EPA Central Data Exchange (CDX) account, log into e-GGRT with your existing CDX username and password. If you don’t have a CDX account or cannot log in with those credentials, create a new user account on e-GGRT.

All e-GGRT users must have the Electronic Signature Agreement (ESA) on file with EPA. You can electronically sign the agreement or submit a signed hard copy. Once EPA approves the agreement, the agency will send you an account activation notice, and you can begin registering a facility and the designated representative.

The designated representative must register as an e-GGRT user and, once EPA approves the representative’s ESA, accept the appointment as the designated representative and electronically sign the Certificate of Representation. The certificate allows the representative to certify, sign, and submit the annual GHG report to EPA. Resubmission of the certificate is required only when there are updates to the facility profile or information about the designated representative changes (including replacing the existing representative).

Key to remember: Annual reports for the Greenhouse Gas Reporting Program are due by March 31 and require reporters to include emissions data from all applicable source categories.

2024-03-20T05:00:00Z

EPA Proposed Rule: Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives

The Environmental Protection Agency (EPA or the Agency) proposes to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives. This allowance or “variance” to the prohibition on the open burning of hazardous waste was established at a time when there were no alternatives for the safe treatment of waste explosives. However, recent findings from the National Academy of Sciences, Engineering, and Medicine (NASEM) and the EPA have identified safe alternatives which are potentially applicable to treat some energetic/explosive waste streams. Because there may be safe alternatives available and in use today that capture and treat emissions prior to release, regulations would be revised to describe specified procedures for the existing requirements to evaluate and implement alternative treatment technologies. These proposed revisions would reduce OB/OD of waste explosives and increase control of air emissions through improved implementation of existing requirements that facilities must evaluate and use safe and available alternative technologies in lieu of OB/OD.

DATES: Comments must be received on or before May 20, 2024, published in the Federal Register March 20, 2024, page 19952.

View proposed rule.

Manufacturing (31/Food/Textiles)Manufacturing (33/Durable)General ServicesWarehousingWaste ManagementRetailProfessional ServicesEntertainmentHealthcareHospitalityTransportationRepair ServicesWholesale DistributionPersonal ServicesManufacturing (32/Non-Durable)MiningPostal/Courier ServicesPublic AdministrationReal EstateEducationUtilitiesAgricultureConstructionWaste WaterConditionally ExemptFiresWaste TreatmentResource Conservation and RecoveryNational Response SystemDouble Walled TanksMunitionsPost-ClosureOne PlanChemical ReleasesP CodesOverfillsCorrosivityICPsToxicityExtinguisherSpill KitsNational Contingency PlanFinancial AssuranceLQGsNPDESNCPSection 103 ReportingCESQGsSection 304 ReportingLarge Quantity GeneratorsChemical SpillsGround WaterInterim StatusRQsHazWasteNon-Acute WasteListed WasteGarbageContinuous ReleasesRecyclingEpisodic GenerationBiennial ReportingAccumulationERINational Response CenterException ReportingChemical AccidentsReceiving FacilitiesFinancial CoverageCharacteristic WasteRCRATSDFsEmergency ReleasesHazardous Waste GeneratorsSmall Quantity GeneratorsWaste DisposalIgnitabilityDischargesClean WaterReportable QuantitiesSpill ReportingEPCRAIndustrial FurnacesWaste BurnersU CodesReactivitySumpsLiabilityBlasting AgentsVSQGsStorm WaterForm 8700-12Ground-WaterVery Small Quantity GeneratorsTreatment Storage and DisposalMunicipal Solid WasteEPA ID NumbersPortable Fire ExtinguishersWaste BurningEmergency Response InformationTrashCERCLAPOTWsIntegrated Contingency PlansSQGsElectronic ManifestsLandfillingWaste StorageEmergency EquipmentCWAWaste CodesAcute Wastee-ManifestsBoilersContainment SystemsRunoffLeakagesEmergency CoordinatorsPublicly Owned Treatment WorksSMS Trial EnterpriseSMS AdvancedSMS PremiumSMS TrialSMS Essentialr40CFR270r40CFR264r40CFR260r40CFR271r40CFR124r40CFR26540 CFR 27040 CFR 26440 CFR 26040 CFR 27140 CFR 12440 CFR 26540 CFR 270 EPA administered permit programs: the hazardous waste permit program40 CFR 264 Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities40 CFR 260 Hazardous waste management system: general40 CFR 271 Requirements for authorization of state hazardous waste programs40 CFR 124 Procedures for decisionmaking40 CFR 265 Interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities
2024-03-11T05:00:00Z

EPA Final Rule: Amendments to EPA Risk Management Program

The Environmental Protection Agency (EPA) is amending its Risk Management Program (RMP) regulations as a result of Agency review. The revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, improvements to the public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. As major and other serious and concerning RMP accidents continue to occur, the record shows and EPA believes that this final rule will help further protect human health and the environment from chemical hazards through advancement of process safety based on lessons learned. These amendments seek to improve chemical process safety; assist in planning, preparedness, and response to Risk Management Program-reportable accidents; and improve public awareness of chemical hazards at regulated sources. While many of the provisions of this final rule reinforce each other, it is EPA's intent that each one is merited on its own, and thus severable.

DATES: This final rule is effective on May 10, 2024, published in the Federal Register March 11, 2024, page 17622.

View final rule.

§68.3 Definitions.
Definitions for “Active measures,” “Inherently safer technology or design,” “Natural hazard,” “Passive measures,” “Practicability,” and “Procedural measures”AddedView text
Definition of “Retail facility”RevisedView text
Definitions for “Root cause” and “Third-party auditAddedView text
§68.10 Applicability.
(a) introductory textRevisedView text
(g) through (k) as paragraphs (j) through (n)RedesignatedView text
Newly redesignated (j) through (l)RevisedView text
§68.48 Safety information.
(b)RevisedView text
§68.50 Hazard review.
(a)(3) and (4) RevisedView text
(a)(5) and (6)AddedView text
§68.52 Operating procedures.
(b)(9)AddedView text
§68.58 Compliance audits.
(a)RevisedView text
(f) through (h)AddedView text
§68.59 Third-party audits.
Entire sectionAddedView text
§68.60 Incident investigation.
(h)AddedView text
§68.62 Employee participation.
Entire sectionAddedView text
§68.65 Process safety information.
(a) RevisedView text
(d)(2)RevisedView text
§68.67 Process hazard analysis.
(c)(3), (5), (6), and (7)RevisedView text
(c)(8) through (10)AddedView text
(h)AddedView text
§68.69 Operating procedures.
(a)(4)RevisedView text
§68.79 Compliance audits.
(a)RevisedView text
(f) - (h)AddedView text
§68.80 Third-party audits.
Entire sectionAddedView text
§68.81 Incident investigation.
(h)AddedView text
§68.83 Employee participation.
Entire sectionRevisedView text
§68.85 Hot work permit.
(b)RevisedView text
(c)AddedView text
§68.90 Applicability.
(b)(3) - (5)RevisedView text
(b)(6)AddedView text
§68.95 Emergency response program.
(a)(1)(i)RevisedView text
(c)RevisedView text
§68.96 Emergency response exercises.
(b)(1)(i) and (b)(3)RevisedView text
§68.160 Registration.
(b)(1) through (19)RevisedView text
(b)(22)AddedView text
§68.170 Prevention program/Program 2.
(e)(5) and (6)RevisedView text
(e)(7)AddedView text
(i)RevisedView text
§68.175 Prevention program/Program 3.
(e)(5) and (6)RevisedView text
(e)(7) through (9)AddedView text
(k)RevisedView text
§68.210 Availability of information to the public.
(d) through (h)RevisedView text

New Text

§68.3 Definitions.

* * * * *

Retail facility means a stationary source at which more than one-half of the annual income (in the previous calendar or fiscal year) is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.

* * * * *

§68.10 Applicability.

(a) Except as provided in paragraphs (b) through (i) of this section, an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process, as determined under §68.115, shall comply with the requirements of this part no later than the latest of the following dates:

* * * * *

(j) A covered process is eligible for Program 1 requirements as provided in §68.12(b) if it meets all of the following requirements:

(1) For the five years prior to the submission of an RMP, the process has not had an accidental release of a regulated substance where exposure to the substance, its reaction products, overpressure generated by an explosion involving the substance, or radiant heat generated by a fire involving the substance led to any of the following offsite:

(i) Death;

(ii) Injury; or

(iii) Response or restoration activities for an exposure of an environmental receptor;

(2) The distance to a toxic or flammable endpoint for a worst-case release assessment conducted under subpart B and §68.25 is less than the distance to any public receptor, as defined in §68.3; and

(3) Emergency response procedures have been coordinated between the stationary source and local emergency planning and response organizations.

(k) A covered process is subject to Program 2 requirements if it does not meet the eligibility requirements of either paragraph (g) or paragraph (i) of this section.

(l) A covered process is subject to Program 3 if the process does not meet the requirements of paragraph (g) of this section, and if either of the following conditions is met:

(1) The process is in NAICS code 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 325311, or 32532; or

(2) The process is subject to the OSHA process safety management standard, 29 CFR 1910.119.

* * * * *

§68.48 Safety information.

* * * * *

(b) The owner or operator shall ensure and document that the process is designed in compliance with recognized and generally accepted good engineering practices.

* * * * *

§68.50 Hazard review.

(a) * * *

(3) The safeguards used or needed to control the hazards or prevent equipment malfunction or human error including standby or emergency power systems; the owner or operator shall ensure monitoring equipment associated with prevention and detection of accidental releases from covered processes has standby or backup power to provide continuous operation;

(4) Any steps used or needed to detect or monitor releases;

* * * * *

§68.52 Operating procedures.

* * * * *

(b) * * * *

(7) Consequences of deviations and steps required to correct or avoid deviations;

(8) Equipment inspections; and

* * * * *

§68.58 Compliance audits.

(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart, at least every three years to verify that the procedures and practices developed under this subpart are adequate and are being followed. When required as set forth in paragraph (f) of this section, the compliance audit shall be a third-party audit.

* * * * *

§68.65 Process safety information.

(a) The owner or operator shall complete a compilation of written process safety information before conducting any process hazard analysis required by this part and shall keep process safety information up to date. The compilation of written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those processes involving regulated substances. This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.

* * * * *

(d) * * *

(2) The owner or operator shall ensure and document that the process is designed and maintained in compliance with recognized and generally accepted good engineering practices.

* * * * *

§68.67 Process hazard analysis.

* * * * *

(c) * * *

(3) Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases and standby or emergency power systems. (Acceptable detection methods might include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors.) The owner or operator shall ensure monitoring equipment associated with prevention and detection of accidental releases from covered processes has standby or backup power to provide continuous operation;

* * * * *

(5) Stationary source siting, including the placement of processes, equipment, and buildings within the facility, and hazards posed by proximate stationary sources, and accidental release consequences posed by proximity to the public and public receptors;

(6) Human factors;

(7) A qualitative evaluation of a range of the possible safety and health effects of failure of controls;

* * * * *

§68.69 Operating procedures.

(a) * * *

(4) Safety systems and their functions, including documentation when monitoring equipment associated with prevention and detection of accidental releases from covered processes is removed due to safety concerns from imminent natural hazards.

* * * * *

§68.79 Compliance audits.

(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart, at least every three years to verify that the procedures and practices developed under this subpart are adequate and are being followed. When required as set forth in paragraph (f) of this section, the compliance audit shall be a third-party audit.

* * * * *

§68.83 Employee participation.

(a) The owner or operator shall develop a written plan of action regarding the implementation of the employee participation requirements required by this section.

(1) An annual written or electronic notice shall be distributed to employees and their representatives indicating that the plan is readily available to view and how to access the information.

(2) Training shall be provided as often as necessary to ensure employees and their representatives, and management involved in the process, are informed of the details of the plan.

(b) The owner or operator shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this part.

(c) The owner or operator shall consult with employees knowledgeable in the process and their representatives on addressing, correcting, resolving, documenting, and implementing recommendations and findings of process hazard analyses under §68.67(e), compliance audits under §68.79(d), and incident investigations under §68.81(e).

(d) The owner or operator shall provide the following authorities to employees knowledgeable in the process and their representatives:

(1) Recommend to the operator in charge of a unit that an operation or process be partially or completely shut down, in accordance with procedures established in §68.69(a), based on the potential for a catastrophic release; and

(2) Allow a qualified operator in charge of a unit to partially or completely shut down an operation or process, in accordance with procedures established in §68.69(a), based on the potential for a catastrophic release.

(e)(1) The owner or operator shall develop and implement a process to allow employees and their representatives to report to either or both the owner or operator and EPA unaddressed hazards that could lead to a catastrophic release, accidents covered by §68.42(a) but not reported under §68.195(a), and any other noncompliance with this part.

(2) The employee and their representatives may choose to report either anonymously or with attribution.

(3) When a report is made to the owner or operator, a record of the report shall be maintained for three years.

(f) The owner or operator shall provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this part.

§68.85 Hot work permit.

* * * * *

(b) The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed.

* * * * *

§68.90 Applicability.

* * * * *

(b) * * *

(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response, including providing timely data and information detailing the current understanding and best estimates of the nature of the accidental release. The owner or operator may satisfy the requirement in this paragraph (b)(3) through notification mechanisms designed to meet other Federal, State, or local notification requirements, provided the notification meets the requirements of this paragraph (b)(3), as appropriate;

(4) The owner or operator performs the annual emergency response coordination activities required under §68.93;

(5) The owner or operator performs the annual notification exercises required under §68.96(a); and

* * * * *

§68.95 Emergency response program.

(a) * * *

(1) * * *

(i) Procedures for informing the public and the appropriate Federal, State, and local emergency response agencies about accidental releases, including partnering with these response agencies to ensure that a community notification system is in place to warn the public within the area potentially threatened by the accidental release. Documentation of the partnership shall be maintained in accordance with §68.93(c);

* * * * *

(c) The emergency response plan developed under paragraph (a)(1) of this section shall include providing timely data and information detailing the current understanding and best estimates of the nature of the release when an accidental release occurs and be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. The owner or operator may satisfy the requirement of this paragraph (c) through notification mechanisms designed to meet other Federal, State, or local notification requirements, provided the notification meets the requirements of this paragraph (c), as appropriate. Upon request of the LEPC or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.

§68.96 Emergency response exercises.

* * * * *

(b) * * *

(1) * * *

(i) Frequency. As part of coordination with local emergency response officials required by §68.93, the owner or operator shall consult with these officials to establish an appropriate frequency for field exercises, and shall conduct a field exercise before March 15, 2027, and at a minimum at least once every ten years thereafter, unless the appropriate local emergency response agencies agree in writing that such frequency is impractical. If local emergency response agencies so agree, the owner or operator shall consult with local emergency response officials to establish an alternate appropriate frequency for field exercises.

* * * * *

(3) Documentation. The owner or operator shall prepare an evaluation report within 90 days of each field and tabletop exercise. The report shall include a description of the exercise scenario, names and organizations of each participant, an evaluation of the exercise results including lessons learned, recommendations for improvement or revisions to the emergency response exercise program and emergency response program, and a schedule to promptly address and resolve recommendations.

* * * * *

§68.160 Registration.

* * * * *

(b) * * *

(1) Stationary source name, street, city, county, state, zip code, latitude and longitude, method for obtaining latitude and longitude, and description of location that latitude and longitude represent.

(2) The stationary source Dun and Bradstreet number.

(3) Name and Dun and Bradstreet number of the corporate parent company.

(4) The name, telephone number, and mailing address of the owner or operator.

(5) The name and title of the person or position with overall responsibility for RMP elements and implementation, and (optional) the e-mail address for that person or position.

(6) The name, title, telephone number, 24-hour telephone number, and, as of June 21, 2004, the e-mail address (if an e-mail address exists) of the emergency contact.

(7) For each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process, the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits, the five-or six-digit NAICS code that most closely corresponds to the process, and the Program level of the process.

(8) The stationary source EPA identifier.

(9) The number of full-time employees at the stationary source;

(10) Whether the stationary source is subject to 29 CFR 1910.119.

(11) Whether the stationary source is subject to 40 CFR part 355.

(12) If the stationary source has a CAA Title V operating permit, the permit number.

(13) The date of the last safety inspection of the stationary source by a Federal, state, or local government agency and the identity of the inspecting entity.

(14) As of June 21, 2004, the name, the mailing address, and the telephone number of the contractor who prepared the RMP (if any).

(15) Source or Parent Company E-Mail Address (Optional).

(16) Source Homepage address (Optional).

(17) Phone number at the source for public inquiries (Optional).

(18) Local Emergency Planning Committee (Optional).

(19) OSHA Voluntary Protection Program status (Optional).

* * * * *

§68.170 Prevention program/Program 2.

* * * * *

(e) * * *

(5) Monitoring and detection systems in use;

(6) Changes since the last hazard review; and

* * * * *

(i) The date of the most recent compliance audit; the expected date of completion of any changes resulting from the compliance audit and identification of whether the most recent compliance audit was a third-party audit, pursuant to §§68.58 and 68.59; and findings declined from third-party compliance audits and justifications.

* * * * *

§68.175 Prevention program/Program 3.

* * * * *

(e) * * *

(5) Monitoring and detection systems in use;

(6) Changes since the last PHA;

* * * * *

(k) The date of the most recent compliance audit; the expected date of completion of any changes resulting from the compliance audit and identification of whether the most recent compliance audit was a third-party audit, pursuant to §§68.79 and 68.80; and findings declined from third-party compliance audits and justifications.

* * * * *

2024-03-08T06:00:00Z

EPA Final Rule: Oil and Natural Gas Emissions Reduction Actions

The Environmental Protection Agency (EPA) is finalizing multiple actions to reduce air pollution emissions from the Crude Oil and Natural Gas source category. First, the EPA is finalizing revisions to the new source performance standards (NSPS) regulating greenhouse gases (GHGs) and volatile organic compounds (VOCs) emissions for the Crude Oil and Natural Gas source category pursuant to the Clean Air Act (CAA). Second, the EPA is finalizing emission guidelines (EG) under the CAA for states to follow in developing, submitting, and implementing state plans to establish performance standards to limit GHG emissions from existing sources (designated facilities) in the Crude Oil and Natural Gas source category. Third, the EPA is finalizing several related actions stemming from the joint resolution of Congress, adopted on June 30, 2021, under the Congressional Review Act (CRA), disapproving the EPA’s final rule titled, ‘‘Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review,’’ September 14, 2020 (‘‘2020 Policy Rule’’). Fourth, the EPA is finalizing a protocol under the general provisions for optical gas imaging (OGI).

DATES: This final rule is effective on May 7, 2024, published in the Federal Register March 8, 2024, page 16820.

View final rule.

2024-03-07T06:00:00Z

EPA Final Rule: Additions to the National Priorities List

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA" or "the Act"), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP") include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List ("NPL") constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency ("the EPA" or "the agency") in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds five sites to the General Superfund section of the NPL.

DATES: The rule is effective on April 8, 2024, published in the Federal Register March 7, 2024, page 16463.

Appendix B to Part 300—National Priorities List
Entires for "AZ, Lukachukai Mountains Mining District", "IA, Lot 46 Valley Gardens TCE", "IL, Acme Steel Coke Plant", "LA, Exide Baton Rouge", and "PA, Former Exide Technologies Laureldale"AddedView text
See More

Most Recent Highlights In Human Resources

2024-03-06T06:00:00Z

EPA Final Rule: Revisions to Air Quality Standards for Particulate Matter

Based on the Environmental Protection Agency's (EPA's) reconsideration of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is revising the primary annual PM 2.5 standard by lowering the level from 12.0 µg/m 3 to 9.0 µg/m 3 . The Agency is retaining the current primary 24-hour PM 2.5 standard and the primary 24-hour PM 10 standard. The Agency also is not changing the secondary 24-hour PM 2.5 standard, secondary annual PM 2.5 standard, and secondary 24-hour PM 10 standard at this time. The EPA is also finalizing revisions to other key aspects related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS.

DATES: This final rule is effective May 6, 2024, published in the Federal Register March 6, 2024, page 16202.

View final rule.

§50.20 National primary ambient air quality standards for PM2.5.
Entire sectionAddedView text
Appendix K to Part 50 - Interpretation of the National Ambient Air Quality Standards for Particulate Matter
Section 1.0 paragraph (b)RevisedView text
Section 2.3 paragraph (d)AddedView text
Section 3.0 paragraphs (a) and (b)AddedView text
Appendix L to Part 50 - Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the Atmosphere
Section 7.3.4RevisedView text
Section 7.3.4.5AddedView text
Appendix N to Part 50 - Interpretation of the National Ambient Air Quality Standards for PM2.5
Section 1.0 paragraph (a)RevisedView text
Section 3.0 paragraph (d)(3)AddedView text
Section 4.1 paragraph (a)RevisedView text
Section 4.2 paragraph (a)RevisedView text
§53.4 Applications for reference or equivalent method determinations.
(a), (d)RevisedView text
(b)(7)AddedView text
§53.8 Designation of reference and equivalent methods.
(a)RevisedView text
§53.14 Modification of a reference or equivalent method.
(c)(4)-(6)RevisedView text
Table A–1 to Subpart A of Part 53—Summary of Applicable Requirements for Reference and Equivalent Methods for Air Monitoring of Criteria Pollutants
Entire tableRevisedView text
Table B-1 to Subpart B of Part 53- Performance Limit Specifications for Automated Methods
Footnote 4RevisedView text
Table B-3 to Subpart B of Part 53 - Interferent Test Concentration,1 Parts per Million
Entire tableRevisedView text
Appendix A to Subpart B of Part 53 - Optional Forms for Reporting Test Results
Figures B-3 and B-5RevisedView text
§53.35 Test procedure for Class II and Class III methods for PM2.5 and PM10−2.5.
(b)(1)(ii)(D)RevisedView text
Table C-4 to Subpart C of Part 53—Test Specifications for PM10, PM2.5, and PM10–2.5 Candidate Equivalent Methods
Entire tableRevisedView text
§53.43 Test procedures.
Formulas in (a)(2)(xvi) and (c)(2)(iv)RevisedView text
§53.51 Demonstration of compliance with design specifications and manufacturing and test requirements.
(d)(2)RevisedView text
§53.61 Test conditions.
(g)RevisedView text
§58.1 Definitions.
Definition for ”Approved regional method (ARM)”RemovedView text
Definition for ”Traceable”RemovedView text
§58.10 Annual monitoring network plan and periodic network assessment.
(a)(1), (b)(10), (b)(13), (d)RevisedView text
(b)(14)AddedView text
§58.11 Network technical requirements.
(a)(2), (e)RevisedView text
§58.12 Operating schedules.
(d)(1)RevisedView text
§58.15 Annual air monitoring data certification.
Entire sectionRevisedView text
§58.20 Special purpose monitors (SPM).
(b)-(e)RevisedView text
Appendix A to Part 58 - Quality Assurance Requirements for Monitors used in Evaluations of National Ambient Air Quality Standards
Entire appendixRevisedView text
Appendix B to Part 58 - Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring
Entire appendixView text
Appendix C to Part 58—Ambient Air Quality Monitoring Methodology
Section 2RevisedView text
Appendix D to Part 58—Network Design Criteria for Ambient Air Quality Monitoring
Sections 1, 1.1(b), introductory text before table in 4.7.1(a), 4.7.1(b)(3), 4.7.2RevisedView text
Appendix E to Part 58—Probe and Monitoring Path Siting Criteria for Ambient Air Quality Monitoring
Entire appendixRevisedView text
Appendix G to Part 58—Uniform Air Quality Index (AQI) and Daily Reporting
Entire appendixRevisedView text

New Text

Appendix K to Part 50 - Interpretation of the National Ambient Air Quality Standards for Particulate Matter

* * * *

(b) The terms used in this appendix are defined as follows:

Average refers to the arithmetic mean of the estimated number of exceedances per year, as per section 3.1 of this appendix.

Collocated monitors refer to two or more air measurement instruments for the same parameter (e.g., PM 10 mass) operated at the same site location, and whose placement is consistent with part 53 of this chapter. For purposes of considering a combined site record in this appendix, when two or more monitors are operated at the same site, one monitor is designated as the “primary” monitor with any additional monitors designated as “collocated.” It is implicit in these appendix procedures that the primary monitor and collocated monitor(s) are all reference or equivalent methods; however, it is not a requirement that the primary and collocated monitors utilize the same specific sampling and analysis method.

Combined site data record is the data set used for performing computations in this appendix and represents data for the primary monitors augmented with data from collocated monitors according to the procedure specified in section 3.0(a) of this appendix.

Daily value for PM10 refers to the 24-hour average concentration of PM 10 calculated or measured from midnight to midnight (local time).

Exceedance means a daily value that is above the level of the 24-hour standard after rounding to the nearest 10 µg/m 3i.e., values ending in 5 or greater are to be rounded up).

Expected annual value is the number approached when the annual values from an increasing number of years are averaged, in the absence of long-term trends in emissions or meteorological conditions.

Primary monitors are suitable monitors designated by a State or local agency in their annual network plan as the default data source for creating a combined site data record. If there is only one suitable monitor at a particular site location, then it is presumed to be a primary monitor.

Year refers to a calendar year.

Appendix L to Part 50 - Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the Atmosphere

* * * *

7.3.4 Particle size separator. The sampler shall be configured with one of the three alternative particle size separators described in this section. One separator is an impactor-type separator (WINS impactor) described in sections 7.3.4.1, 7.3.4.2, and 7.3.4.3 of this appendix. One alternative separator is a cyclone-type separator (VSCC TM) described in section 7.3.4.4 of this appendix. The other alternative separator is also a cyclone-type separator (TE–PM 2.5 C) described in section 7.3.4.5 of this appendix.

Appendix N to Part 50 - Interpretation of the National Ambient Air Quality Standards for PM2.5

1.0 General

(a) This appendix explains the data handling conventions and computations necessary for determining when the national ambient air quality standards (NAAQS) for PM 2.5 are met, specifically the primary and secondary annual and 24-hour PM 2.5 NAAQS specified in §§50.7, 50.13, 50.18, and 50.20. PM 2.5 is defined, in general terms, as particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. PM 2.5 mass concentrations are measured in the ambient air by a Federal Reference Method (FRM) based on appendix L to this part, as applicable, and designated in accordance with part 53 of this chapter or by a Federal Equivalent Method (FEM) designated in accordance with part 53 of this chapter. Only those FRM and FEM measurements that are derived in accordance with part 58 of this chapter (i.e., that are deemed “suitable”) shall be used in comparisons with the PM 2.5 NAAQS. The data handling and computation procedures to be used to construct annual and 24-hour NAAQS metrics from reported PM 2.5 mass concentrations, and the associated instructions for comparing these calculated metrics to the levels of the PM 2.5 NAAQS, are specified in sections 2.0, 3.0, and 4.0 of this appendix.

* * * *

4.1 Annual PM2 . 5 NAAQS

(a) Levels of the primary and secondary annual PM 2.5 NAAQS are specified in §§50.7, 50.13, 50.18, and 50.20 as applicable.

* * * * *

4.2 Twenty-Four-Hour PM2 . 5 NAAQS

(a) Levels of the primary and secondary 24-hour PM 2.5 NAAQS are specified in §§50.7, 50.13, 50.18, and 50.20 as applicable.

§53.4 Applications for reference or equivalent method determinations.

(a) Applications for FRM or FEM determinations and modification requests of existing designated instruments shall be submitted to: U.S. Environmental Protection Agency, Director, Center for Environmental Measurement and Modeling, Reference and Equivalent Methods Designation Program (MD–D205–03), 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711 (commercial delivery address: 4930 Old Page Road, Durham, North Carolina 27703).

* * * *

(d) For candidate reference or equivalent methods or for designated instruments that are the subject of a modification request, the applicant, if requested by EPA, shall provide to EPA a representative sampler or analyzer for test purposes. The sampler or analyzer shall be shipped free on board (FOB) destination to Director, Center for Environmental Measurements and Modeling, Reference and Equivalent Methods Designation Program (MD D205–03), U.S. Environmental Protection Agency, 4930 Old Page Road, Durham, North Carolina 27703, scheduled to arrive concurrently with or within 30 days of the arrival of the other application materials. This sampler or analyzer may be subjected to various tests that EPA determines to be necessary or appropriate under §53.5(f), and such tests may include special tests not described in this part. If the instrument submitted under this paragraph (d) malfunctions, becomes inoperative, or fails to perform as represented in the application before the necessary EPA testing is completed, the applicant shall be afforded the opportunity to repair or replace the device at no cost to the EPA. Upon completion of EPA testing, the sampler or analyzer submitted under this paragraph (d) shall be repacked by EPA for return shipment to the applicant, using the same packing materials used for shipping the instrument to EPA unless alternative packing is provided by the applicant. Arrangements for, and the cost of, return shipment shall be the responsibility of the applicant. The EPA does not warrant or assume any liability for the condition of the sampler or analyzer upon return to the applicant.

§53.8 Designation of reference and equivalent methods.

(a) A candidate method determined by the Administrator to satisfy the applicable requirements of this part shall be designated as an FRM or FEM (as applicable) by and upon publication of the designation in the Federal Register . Applicants shall not publicly announce, market, or sell the candidate sampler and analyzer as an approved FRM or FEM (as applicable) until the designation is published in the Federal Register .

§53.14 Modification of a reference or equivalent method.

* * * *

(c)(4) Send notice to the applicant that additional information must be submitted before a determination can be made and specify the additional information that is needed (in such cases, the 90-day period shall commence upon receipt of the additional information).

(c)(5) Send notice to the applicant that additional tests are necessary and specify which tests are necessary and how they shall be interpreted (in such cases, the 90-day period shall commence upon receipt of the additional test data).

(c)(6) Send notice to the applicant that additional tests will be conducted by the Administrator and specify the reasons for and the nature of the additional tests (in such cases, the 90-day period shall commence 1 calendar day after the additional tests are completed).

Table A–1 to Subpart A of Part 53—Summary of Applicable Requirements for Reference and Equivalent Methods for Air Monitoring of Criteria Pollutants

Table A–1 to Subpart A of Part 53—Summary of Applicable Requirements for Reference and Equivalent Methods for Air Monitoring of Criteria Pollutants
1 Some requirements may apply, based on the nature of each particular candidate method, as determined by the Administrator.
2 Alternative Class III requirements may be substituted.
PollutantReference or equivalentManual or automatedApplicable appendix of part 50 of this chapterApplicable subparts of this part
ABCDEF
SO 2ReferenceManualA–2
AutomatedA–1
EquivalentManualA–1
AutomatedA–1
COReferenceAutomatedC
EquivalentManualC
AutomatedC
O 3ReferenceAutomatedD
EquivalentManualD
AutomatedD
NO 2ReferenceAutomatedF
EquivalentManualF
AutomatedF
PbReferenceManualG
EquivalentManualG
AutomatedG
PM 10 -PbReferenceManualQ
EquivalentManualQ
AutomatedQ
PM 10ReferenceManualJ
EquivalentManualJ
AutomatedJ
PM 2.5ReferenceManualL
Equivalent Class IManualL
Equivalent Class IIManualL 12
Equivalent Class IIIAutomatedL 11
PM 10–2.5ReferenceManualL, 2 O
Equivalent Class IManualL, 2 O
Equivalent Class IIManualL, 2 O21,2
Equivalent Class IIIAutomated1 L, O1

Table B-1 to Subpart B of Part 53- Performance Limit Specifications for Automated Methods

* * * *

4 For nitric oxide interference for the SO 2 ultraviolet fluorescence (UVF) method, interference equivalent is ±0.003 ppm for the lower range.

Table B-3 to Subpart B of Part 53 - Interferent Test Concentration,1 Parts per Million

Table B–3 to Subpart B of Part 53—Interferent Test Concentration[Parts per million]
PollutantAnalyzer type 2Hydro-chloric acidAmmoniaHydrogen sulfideSulfur dioxideNitrogen dioxideNitric oxideCarbon dioxideEthyleneOzoneM-xyleneWater vaporCarbon monoxideMethaneEthaneNaphthalene
1 Concentrations of interferent listed must be prepared and controlled to ±10 percent of the stated value.
2 Analyzer types not listed will be considered by the Administrator as special cases.
3 Do not mix interferent with the pollutant.
4 Concentration of pollutant used for test. These pollutant concentrations must be prepared to ±10 percent of the stated value.
5 If candidate method utilizes an elevated-temperature scrubber for removal of aromatic hydrocarbons, perform this interference test.
6 If naphthalene test concentration cannot be accurately quantified, remove the scrubber, use a test concentration that causes a full-scale response, reattach the scrubber, and evaluate response for interference.
SO 2Ultraviolet fluorescence5 0.14 0.140.50.50.50.220,0006 0.05
SO 2Flame photometric0.014 0.147503 20,00050
SO 2Gas chromatography0.14 0.147503 20,00050
SO 2Spectrophotometric-wet chemical (pararosanaline)0.20.10.14 0.140.57500.5
SO 2Electrochemical0.20.10.14 0.140.50.50.20.53 20,000
SO 2Conductivity0.20.14 0.140.5750
SO 2Spectrophotometric-gas phase, including DOAS4 0.140.50.50.50.2
O 3Ethylene Chemiluminescence3 0.17504 0.083 20,000
O 3NO-chemiluminescence3 0.10.57504 0.083 20,000
O 3Electrochemical3 0.10.50.54 0.083 20,000
O 3Spectrophotometric-wet chemical (potassium iodide)3 0.10.50.53 0.54 0.08
O 3Spectrophotometric-gas phase, including ultraviolet absorption and DOAS0.50.53 0.54 0.080.0220,000
CONon-dispersive Infrared75020,0004 10
COGas chromatography with flame ionization detector20,0004 100.5
COElectrochemical0.50.220,0004 10
COCatalytic combustion-thermal detection0.17500.220,0004 105.00.5
COIR fluorescence75020,0004 100.5
COMercury replacement-UV photometric0.24 100.5
NO 2Chemiluminescent3 0.10.54 0.10.520,000
NO 2Spectrophotometric-wet chemical (azo-dye reaction)0.54 0.10.57500.5
NO 2Electrochemical0.23 0.10.54 0.10.57500.520,00050
NO 2Spectrophotometric-gas phase3 0.10.54 0.10.50.520,00050

Appendix A to Subpart B of Part 53 - Optional Forms for Reporting Test Results

* * * * *

Figure B–3 to Appendix A to Subpart B of Part 53—Form for Test Data and Calculations for Lower Detectable Limit (LDL) and Interference Equivalent (IE) (see §53.23(c) and (d))

LDL Interference Test Data

Applicant _________________

Analyzer _________________

Date _________________

Pollutant _________________



* * * * *

Figure B–5 to Appendix A to Subpart B of Part 53—Form for Calculating Zero Drift, Span Drift and Precision (see §53.23(e))

Calculation of Zero Drift, Span Drift, and Precision

Applicant _________________

Analyzer _________________

Date _________________

Pollutant _________________



§53.35 Test procedure for Class II and Class III methods for PM2.5 and PM10−2.5.

* * * *

(b)(1)(ii)(D) Site D shall be in a large city east of the Mississippi River, having characteristically high humidity levels.

Table C-4 to Subpart C of Part 53—Test Specifications for PM10, PM2.5, and PM10–2.5 Candidate Equivalent Methodss

Table C–4 to Subpart C of Part 53—Test Specifications for PM 10 , PM 2.5 , and PM 10–2.5 Candidate Equivalent Methods
SpecificationPM 10PM 2.5PM 10–2.5
Class IClass IIClass IIIClass IIClass III
1 Some missing daily measurement values may be permitted; see test procedure.
2 Calculated as the root mean square over all measurement sets.
Acceptable concentration range (R j), µg/m 35–3003–2003–2003–2003–2003–200.
Minimum number of test sites212424.
Minimum number of candidate method samplers or analyzers per site333 13 13 13. 1
Number of reference method samplers per site333 13 13 13. 1
Minimum number of acceptable sample sets per site for PM 10 methods:
R j < 20 µg/m 33
R j > 20 µg/m 33
Total10
Minimum number of acceptable sample sets per site for PM 2.5 and PM 10–2.5 candidate equivalent methods:
R j < 15 µg/m 3 for 24-hr or R j < 8 µg/m 3 for 48-hr samples.33333.
Rj > 15 µg/m 3 for 24-hr or R j > 8 µg/m 3 for 48-hr samples33333.
Each season1023232323.
Total, each site102323 (46 for two-season sites)2323 (46 for two-season sites).
Precision of replicate reference method measurements, P Rj or RP Rj , respectively; RP for Class II or III PM 2.5 or PM 10–2.5 , maximum5 μg/m 3 or 7%.2 μg/m 3 or 5%.10% 210% 210% 210%. 2
Precision of PM 2.5 or PM 10–2.5 candidate method, CP, each site10% 215% 215% 215%. 2
Slope of regression relationship1 ±0.101 ±0.051 ±0.101 ±0.101 ±0.101 ±0.12.
Intercept of regression relationship, µg/m 30 ±50 ±1Between: 13.55—(15.05 × slope), but not less than—1.5; and 16.56—(15.05 × slope), but not more than +1.5Between: 15.05—(17.32 × slope), but not less than—2.0; and 15.05—(13.20 × slope), but not more than +2.0Between: 62.05—(70.5 × slope), but not less than—3.5; and 78.95—(70.5 × slope), but not more than +3.5Between: 70.50—(82.93 × slope), but not less than—7.0; and 70.50—(61.16 × slope), but not more than +7.0.
Correlation of reference method and candidate method measurements≥ 0.97≥ 0.97≥ 0.93—for CCV ≤ 0.4; ≥ 0.85 + 0.2 × CCV—for 0.4 ≤ CCV ≤ 0.5; ≥ 0.95—for CCV ≥ 0.5

§53.43 Test procedures.

(a)(2)(xvi)



(c)(2)(iv) * * *



if C j is below 80 µg/m 3 , or



if C j is above 80 µg/m 3 .

§53.51 Demonstration of compliance with design specifications and manufacturing and test requirements.

* * * *

(d)(2) VSCC and TE–PM2.5C separators. For samplers and monitors utilizing the BGI VSCC or Tisch TE–PM 2.5 C particle size separators specified in sections 7.3.4.4 and 7.3.4.5 of appendix L to part 50 of this chapter, respectively, the respective manufacturers shall identify the critical dimensions and manufacturing tolerances for the separator, devise appropriate test procedures to verify that the critical dimensions and tolerances are maintained during the manufacturing process, and carry out those procedures on each separator manufactured to verify conformance of the manufactured products. The manufacturer shall also maintain records of these tests and their test results and submit evidence that this procedure is incorporated into the manufacturing procedure, that the test is or will be routinely implemented, and that an appropriate procedure is in place for the disposition of units that fail this tolerance tests.

§53.61 Test conditions.

(g) Vibrating Orifice Aerosol Generator (VOAG) and Flow-Focusing Monodisperse Aerosol Generator (FMAG) conventions. This section prescribes conventions regarding the use of the vibrating orifice aerosol generator (VOAG) and the flow-focusing monodisperse aerosol generator (FMAG) for the size-selective performance tests outlined in §§53.62, 53.63, 53.64, and 53.65.

(1) Particle aerodynamic diameter. The VOAG and FMAG produce near-monodisperse droplets through the controlled breakup of a liquid jet. When the liquid solution consists of a non-volatile solute dissolved in a volatile solvent, the droplets dry to form particles of near-monodisperse size.

(i) The physical diameter of a generated spherical particle can be calculated from the operational parameters of the VOAG and FMAG as:

Equation 1



where:

Dp = particle physical diameter, µm;

Q = liquid volumetric flow rate, µm 3/sec;

Cvol = volume concentration (particle volume produced per drop volume), dimensionless; and

f = frequency of applied vibrational signal, 1/sec.

(ii) A given particle's aerodynamic behavior is a function of its physical particle size, particle shape, and density. Aerodynamic diameter is defined as the diameter of a unit density (ρo = 1g/cm 3) sphere having the same settling velocity as the particle under consideration. For converting a spherical particle of known density to aerodynamic diameter, the governing relationship is:

Equation 2



where:

Dae = particle aerodynamic diameter, µm;

ρp = particle density, g/cm 3;

ρo = aerodynamic particle density = 1 g/cm 3;

CDp = Cunningham's slip correction factor for physical particle diameter, dimensionless; and

CDae = Cunningham's slip correction factor for aerodynamic particle diameter, dimensionless.

(iii) At room temperature and standard pressure, the Cunningham's slip correction factor is solely a function of particle diameter:

Equation 3



or

Equation 4



(iv) Since the slip correction factor is itself a function of particle diameter, the aerodynamic diameter in equation 2 of paragraph (g)(1)(ii) of this section cannot be solved directly but must be determined by iteration.

(2) Solid particle generation. (i) Solid particle tests performed in this subpart shall be conducted using particles composed of ammonium fluorescein. For use in the VOAG or FMAG, liquid solutions of known volumetric concentration can be prepared by diluting fluorescein powder (C 2 OH 12 O 5 , FW = 332.31, CAS 2321–07–5) with aqueous ammonia. Guidelines for preparation of fluorescein solutions of the desired volume concentration (C vol) are presented in Vanderpool and Rubow (1988) (Reference 2 in appendix A to this subpart). For purposes of converting particle physical diameter to aerodynamic diameter, an ammonium fluorescein particle density of 1.35 g/cm 3 shall be used.

(ii) Mass deposits of ammonium fluorescein shall be extracted and analyzed using solutions of 0.01 N ammonium hydroxide.

(iii) Calculation of the physical diameter of the particles produced by the VOAG and FMAG requires knowledge of the liquid solution's volume concentration (C vol). Because uranine is essentially insoluble in oleic acid, the total particle volume is the sum of the oleic acid volume and the uranine volume. The volume concentration of the liquid solution shall be calculated as:



Where:

V u = uranine volume, ml;

V oleic = oleic acid volume, ml;

V sol = total solution volume, ml;

M u = uranine mass, g;

P u = uranine density, g/cm 3 ;

M oleic = oleic acid mass, g; and

P oleic = oleic acid density, g/cm 3 .

(3) Liquid particle generation. (i) Tests prescribed in §53.63 for inlet aspiration require the use of liquid particle tests composed of oleic acid tagged with uranine to enable subsequent fluorometric quantitation of collected aerosol mass deposits. Oleic acid (C18H34O2, FW = 282.47, CAS 112-80-1) has a density of 0.8935 g/cm 3. Because the viscosity of oleic acid is relatively high, significant errors can occur when dispensing oleic acid using volumetric pipettes. For this reason, it is recommended that oleic acid solutions be prepared by quantifying dispensed oleic acid gravimetrically. The volume of oleic acid dispensed can then be calculated simply by dividing the dispensed mass by the oleic acid density.

(ii) Oleic acid solutions tagged with uranine shall be prepared as follows. A known mass of oleic acid shall first be diluted using absolute ethanol. The desired mass of the uranine tag should then be diluted in a separate container using absolute ethanol. Uranine (C20H10O5Na2, FW = 376.3, CAS 518-47-8) is the disodium salt of fluorescein and has a density of 1.53 g/cm 3. In preparing uranine tagged oleic acid particles, the uranine content shall not exceed 20 percent on a mass basis. Once both oleic acid and uranine solutions are properly prepared, they can then be combined and diluted to final volume using absolute ethanol.

(iii) Calculation of the physical diameter of the particles produced by the VOAG requires knowledge of the liquid solution's volume concentration (Cvol). Because uranine is essentially insoluble in oleic acid, the total particle volume is the sum of the oleic acid volume and the uranine volume. The volume concentration of the liquid solution shall be calculated as:

Equation 5



where:

Vu = uranine volume, ml;

Voleic = oleic acid volume, ml;

Vsol = total solution volume, ml;

Mu = uranine mass, g;

ρu = uranine density, g/cm 3;

Moleic = oleic acid mass, g; and

ρoleic = oleic acid density, g/cm. 3

(iv) For purposes of converting the particles' physical diameter to aerodynamic diameter, the density of the generated particles shall be calculated as:

Equation 6



(v) Mass deposits of oleic acid shall be extracted and analyzed using solutions of 0.01 N sodium hydroxide.

§58.1 Definitions.

* * * *

Traceable means a measurement result from a local standard whereby the result can be related to the International System of Units (SI) through a documented unbroken chain of calibrations, each contributing to the measurement uncertainty. Traceable measurement results must be compared and certified, either directly or via not more than one intermediate standard, to a National Institute of Standards and Technology (NIST)-certified reference standard. Examples include but are not limited to NIST Standard Reference Material (SRM), NIST-traceable Reference Material (NTRM), or a NIST-certified Research Gas Mixture (RGM). Traceability to the SI through other National Metrology Institutes (NMIs) in addition to NIST is allowed if a Declaration of Equivalence (DoE) exists between NIST and that NMI.

§58.10 Annual monitoring network plan and periodic network assessment.

* * * *

(a)(1) Beginning July 1, 2007, the State, or where applicable local, agency shall submit to the Regional Administrator an annual monitoring network plan which shall provide for the documentation of the establishment and maintenance of an air quality surveillance system that consists of a network of SLAMS monitoring stations that can include FRM and FEM monitors that are part of SLAMS, NCore, CSN, PAMS, and SPM stations. The plan shall include a statement of whether the operation of each monitor meets the requirements of appendices A, B, C, D, and E to this part, where applicable. The Regional Administrator may require additional information in support of this statement. The annual monitoring network plan must be made available for public inspection and comment for at least 30 days prior to submission to the EPA and the submitted plan shall include and address, as appropriate, any received comments.

* * * * *

(b)(10) Any monitors for which a waiver has been requested or granted by the EPA Regional Administrator as allowed for under appendix D or appendix E to this part. For those monitors where a waiver has been approved, the annual monitoring network plan shall include the date the waiver was approved.

* * * * *

(b)(13) The identification of any PM 2.5 FEMs used in the monitoring agency's network where the data are not of sufficient quality such that data are not to be compared to the national ambient air quality standards (NAAQS). For required SLAMS where the agency identifies that the PM 2.5 Class III FEM does not produce data of sufficient quality for comparison to the NAAQS, the monitoring agency must ensure that an operating FRM or filter-based FEM meeting the sample frequency requirements described in §58.12 or other Class III PM 2.5 FEM with data of sufficient quality is operating and reporting data to meet the network design criteria described in appendix D to this part.

* * * * *

(d) The State, or where applicable local, agency shall perform and submit to the EPA Regional Administrator an assessment of the air quality surveillance system every 5 years to determine, at a minimum, if the network meets the monitoring objectives defined in appendix D to this part, whether new sites are needed, whether existing sites are no longer needed and can be terminated, and whether new technologies are appropriate for incorporation into the ambient air monitoring network. The network assessment must consider the ability of existing and proposed sites to support air quality characterization for areas with relatively high populations of susceptible individuals (e.g., children with asthma) and other at-risk populations, and, for any sites that are being proposed for discontinuance, the effect on data users other than the agency itself, such as nearby States and Tribes or health effects studies. The State, or where applicable local, agency must submit a copy of this 5-year assessment, along with a revised annual network plan, to the Regional Administrator. The assessments are due every 5 years beginning July 1, 2010.

§58.11 Network technical requirements.

* * * *

(a)(2) Beginning January 1, 2009, State and local governments shall follow the quality assurance criteria contained in appendix A to this part that apply to SPM sites when operating any SPM site which uses an FRM or an FEM and meets the requirements of appendix E to this part, unless the Regional Administrator approves an alternative to the requirements of appendix A with respect to such SPM sites because meeting those requirements would be physically and/or financially impractical due to physical conditions at the monitoring site and the requirements are not essential to achieving the intended data objectives of the SPM site. Alternatives to the requirements of appendix A may be approved for an SPM site as part of the approval of the annual monitoring plan, or separately.

* * * *

(e) State and local governments must assess data from Class III PM 2.5 FEM monitors operated within their network using the performance criteria described in table C–4 to subpart C of part 53 of this chapter, for cases where the data are identified as not of sufficient comparability to a collocated FRM, and the monitoring agency requests that the FEM data should not be used in comparison to the NAAQS. These assessments are required in the monitoring agency's annual monitoring network plan described in §58.10(b) for cases where the FEM is identified as not of sufficient comparability to a collocated FRM. For these collocated PM 2.5 monitors, the performance criteria apply with the following additional provisions:

(1) The acceptable concentration range (Rj), µg/m 3 may include values down to 0 µg/m 3 .

(2) The minimum number of test sites shall be at least one; however, the number of test sites will generally include all locations within an agency's network with collocated FRMs and FEMs.

(3) The minimum number of methods shall include at least one FRM and at least one FEM.

(4) Since multiple FRMs and FEMs may not be present at each site, the precision statistic requirement does not apply, even if precision data are available.

(5) All seasons must be covered with no more than 36 consecutive months of data in total aggregated together.

(6) The key statistical metric to include in an assessment is the bias (both additive and multiplicative) of the PM 2.5 continuous FEM(s) compared to a collocated FRM(s). Correlation is required to be reported in the assessment, but failure to meet the correlation criteria, by itself, is not cause to exclude data from a continuous FEM monitor.

§58.12 Operating schedules.

* * * *

(1)(i) Manual PM 2.5 samplers at required SLAMS stations without a collocated continuously operating PM 2.5 monitor must operate on at least a 1-in-3 day schedule unless a waiver for an alternative schedule has been approved per paragraph (d)(1)(ii) of this section.

(ii) For SLAMS PM 2.5 sites with both manual and continuous PM 2.5 monitors operating, the monitoring agency may request approval for a reduction to 1-in-6 day PM 2.5 sampling or for seasonal sampling from the EPA Regional Administrator. Other requests for a reduction to 1-in-6 day PM 2.5 sampling or for seasonal sampling may be approved on a case-by-case basis. The EPA Regional Administrator may grant sampling frequency reductions after consideration of factors (including but not limited to the historical PM 2.5 data quality assessments, the location of current PM 2.5 design value sites, and their regulatory data needs) if the Regional Administrator determines that the reduction in sampling frequency will not compromise data needed for implementation of the NAAQS. Required SLAMS stations whose measurements determine the design value for their area and that are within plus or minus 10 percent of the annual NAAQS, and all required sites where one or more 24-hour values have exceeded the 24-hour NAAQS each year for a consecutive period of at least 3 years are required to maintain at least a 1-in-3 day sampling frequency until the design value no longer meets the criteria in this paragraph (d)(1)(ii) for 3 consecutive years. A continuously operating FEM PM 2.5 monitor satisfies the requirement in this paragraph (d)(1)(ii) unless it is identified in the monitoring agency's annual monitoring network plan as not appropriate for comparison to the NAAQS and the EPA Regional Administrator has approved that the data from that monitor may be excluded from comparison to the NAAQS.

(iii) Required SLAMS stations whose measurements determine the 24-hour design value for their area and whose data are within plus or minus 5 percent of the level of the 24-hour PM 2.5 NAAQS must have an FRM or FEM operate on a daily schedule if that area's design value for the annual NAAQS is less than the level of the annual PM 2.5 standard. A continuously operating FEM or PM 2.5 monitor satisfies the requirement in this paragraph (d)(1)(iii) unless it is identified in the monitoring agency's annual monitoring network plan as not appropriate for comparison to the NAAQS and the EPA Regional Administrator has approved that the data from that monitor may be excluded from comparison to the NAAQS. The daily schedule must be maintained until the referenced design values no longer meets the criteria in this paragraph (d)(1)(iii) for 3 consecutive years.

(iv) Changes in sampling frequency attributable to changes in design values shall be implemented no later than January 1 of the calendar year following the certification of such data as described in §58.15.

§58.15 Annual air monitoring data certification.

(a) The State, or where appropriate local, agency shall submit to the EPA Regional Administrator an annual air monitoring data certification letter to certify data collected by FRM and FEM monitors at SLAMS and SPM sites that meet criteria in appendix A to this part from January 1 to December 31 of the previous year. The head official in each monitoring agency, or his or her designee, shall certify that the previous year of ambient concentration and quality assurance data are completely submitted to AQS and that the ambient concentration data are accurate to the best of her or his knowledge, taking into consideration the quality assurance findings. The annual data certification letter is due by May 1 of each year.

(b) Along with each certification letter, the State shall submit to the Regional Administrator an annual summary report of all the ambient air quality data collected by FRM and FEM monitors at SLAMS and SPM sites. The annual report(s) shall be submitted for data collected from January 1 to December 31 of the previous year. The annual summary serves as the record of the specific data that is the object of the certification letter.

(c) Along with each certification letter, the State shall submit to the Regional Administrator a summary of the precision and accuracy data for all ambient air quality data collected by FRM and FEM monitors at SLAMS and SPM sites. The summary of precision and accuracy shall be submitted for data collected from January 1 to December 31 of the previous year.

§58.20 Special purpose monitors (SPM).

* * * *

(b) Any SPM data collected by an air monitoring agency using a Federal reference method (FRM) or Federal equivalent method (FEM) must meet the requirements of §§58.11 and 58.12 and appendix A to this part or an approved alternative to appendix A. Compliance with appendix E to this part is optional but encouraged except when the monitoring agency's data objectives are inconsistent with the requirements in appendix E. Data collected at an SPM using a FRM or FEM meeting the requirements of appendix A must be submitted to AQS according to the requirements of §58.16. Data collected by other SPMs may be submitted. The monitoring agency must also submit to AQS an indication of whether each SPM reporting data to AQS monitor meets the requirements of appendices A and E.

(c) All data from an SPM using an FRM or FEM which has operated for more than 24 months are eligible for comparison to the relevant NAAQS, subject to the conditions of §§58.11(e) and 58.30, unless the air monitoring agency demonstrates that the data came from a particular period during which the requirements of appendix A, appendix C, or appendix E to this part were not met, subject to review and EPA Regional Office approval as part of the annual monitoring network plan described in §58.10.

(d) If an SPM using an FRM or FEM is discontinued within 24 months of start-up, the Administrator will not base a NAAQS violation determination for the PM 2.5 or ozone NAAQS solely on data from the SPM.

(e) If an SPM using an FRM or FEM is discontinued within 24 months of start-up, the Administrator will not designate an area as nonattainment for the CO, SO 2 , NO 2 , or 24-hour PM 10 NAAQS solely on the basis of data from the SPM. Such data are eligible for use in determinations of whether a nonattainment area has attained one of these NAAQS.

Appendix A to Part 58 - Quality Assurance Requirements for Monitors used in Evaluations of National Ambient Air Quality Standards

1. General Information

2. Quality System Requirements

3. Measurement Quality Check Requirements

4. Calculations for Data Quality Assessments

5. Reporting Requirements

6. References

1. General Information

1.1 Applicability. (a) This appendix specifies the minimum quality system requirements applicable to SLAMS and other monitor types whose data are intended to be used to determine compliance with the NAAQS (e.g., SPMs, tribal, CASTNET, NCore, industrial, etc.), unless the EPA Regional Administrator has reviewed and approved the monitor for exclusion from NAAQS use and these quality assurance requirements.

(b) Primary quality assurance organizations are encouraged to develop and maintain quality systems more extensive than the required minimums. Additional guidance for the requirements reflected in this appendix can be found in the “Quality Assurance Handbook for Air Pollution Measurement Systems,” Volume II (see reference 10 of this appendix) and at a national level in references 1, 2, and 3 of this appendix.

1.2 Primary Quality Assurance Organization (PQAO). A PQAO is defined as a monitoring organization or a group of monitoring organizations or other organization that is responsible for a set of stations that monitors the same pollutant and for which data quality assessments will be pooled. Each criteria pollutant sampler/monitor must be associated with only one PQAO. In some cases, data quality is assessed at the PQAO level.

1.2.1 Each PQAO shall be defined such that measurement uncertainty among all stations in the organization can be expected to be reasonably homogeneous as a result of common factors. Common factors that should be considered in defining PQAOs include:

(a) Operation by a common team of field operators according to a common set of procedures;

(b) Use of a common quality assurance project plan (QAPP) or standard operating procedures;

(c) Common calibration facilities and standards;

(d) Oversight by a common quality assurance organization; and

(e) Support by a common management organization (i.e., state agency) or laboratory.

Since data quality assessments are made and data certified at the PQAO level, the monitoring organization identified as the PQAO will be responsible for the oversight of the quality of data of all monitoring organizations within the PQAO.

1.2.2 Monitoring organizations having difficulty describing its PQAO or in assigning specific monitors to primary quality assurance organizations should consult with the appropriate EPA Regional Office. Any consolidation of monitoring organizations to PQAOs shall be subject to final approval by the appropriate EPA Regional Office.

1.2.3 Each PQAO is required to implement a quality system that provides sufficient information to assess the quality of the monitoring data. The quality system must, at a minimum, include the specific requirements described in this appendix. Failure to conduct or pass a required check or procedure, or a series of required checks or procedures, does not by itself invalidate data for regulatory decision making. Rather, PQAOs and the EPA shall use the checks and procedures required in this appendix in combination with other data quality information, reports, and similar documentation that demonstrate overall compliance with Part 58. Accordingly, the EPA and PQAOs shall use a “weight of evidence” approach when determining the suitability of data for regulatory decisions. The EPA reserves the authority to use or not use monitoring data submitted by a monitoring organization when making regulatory decisions based on the EPA's assessment of the quality of the data. Consensus built validation templates or validation criteria already approved in QAPPs should be used as the basis for the weight of evidence approach.

1.3 Definitions.

(a) Measurement Uncertainty. A term used to describe deviations from a true concentration or estimate that are related to the measurement process and not to spatial or temporal population attributes of the air being measured.

(b) Precision. A measurement of mutual agreement among individual measurements of the same property usually under prescribed similar conditions, expressed generally in terms of the standard deviation.

(c) Bias. The systematic or persistent distortion of a measurement process which causes errors in one direction.

(d) Accuracy. The degree of agreement between an observed value and an accepted reference value. Accuracy includes a combination of random error (imprecision) and systematic error (bias) components which are due to sampling and analytical operations.

(e) Completeness. A measure of the amount of valid data obtained from a measurement system compared to the amount that was expected to be obtained under correct, normal conditions.

(f) Detection Limit. The lowest concentration or amount of target analyte that can be determined to be different from zero by a single measurement at a stated level of probability.

1.4 Measurement Quality Checks. The measurement quality checks described in section 3 of this appendix shall be reported to AQS and are included in the data required for certification.

1.5 Assessments and Reports. Periodic assessments and documentation of data quality are required to be reported to the EPA. To provide national uniformity in this assessment and reporting of data quality for all networks, specific assessment and reporting procedures are prescribed in detail in sections 3, 4, and 5 of this appendix. On the other hand, the selection and extent of the quality assurance and quality control activities used by a monitoring organization depend on a number of local factors such as field and laboratory conditions, the objectives for monitoring, the level of data quality needed, the expertise of assigned personnel, the cost of control procedures, pollutant concentration levels, etc. Therefore, quality system requirements in section 2 of this appendix are specified in general terms to allow each monitoring organization to develop a quality system that is most efficient and effective for its own circumstances while achieving the data quality objectives described in this appendix.

2. Quality System Requirements

A quality system (reference 1 of this appendix) is the means by which an organization manages the quality of the monitoring information it produces in a systematic, organized manner. It provides a framework for planning, implementing, assessing and reporting work performed by an organization and for carrying out required quality assurance and quality control activities.

2.1 Quality Management Plans and Quality Assurance Project Plans. All PQAOs must develop a quality system that is described and approved in quality management plans (QMP) and QAPPs to ensure that the monitoring results:

(a) Meet a well-defined need, use, or purpose (reference 5 of this appendix);

(b) Provide data of adequate quality for the intended monitoring objectives;

(c) Satisfy stakeholder expectations;

(d) Comply with applicable standards specifications;

(e) Comply with statutory (and other legal) requirements; and

(f) Reflect consideration of cost and economics.

2.1.1 The QMP describes the quality system in terms of the organizational structure, functional responsibilities of management and staff, lines of authority, and required interfaces for those planning, implementing, assessing and reporting activities involving environmental data operations (EDO). The QMP must be suitably documented in accordance with EPA requirements (reference 2 of this appendix), and approved by the appropriate Regional Administrator, or his or her representative. The quality system described in the QMP will be reviewed during the systems audits described in section 2.5 of this appendix. Organizations that implement long-term monitoring programs with EPA funds should have a separate QMP document. Smaller organizations, organizations that do infrequent work with the EPA or have monitoring programs of limited size or scope may combine the QMP with the QAPP if approved by, and subject to any conditions of the EPA. Additional guidance on this process can be found in reference 10 of this appendix. Approval of the recipient's QMP by the appropriate Regional Administrator or his or her representative may allow delegation of authority to the PQAOs independent quality assurance function to review and approve environmental data collection activities adequately described and covered under the scope of the QMP and documented in appropriate planning documents (QAPP). Where a PQAO or monitoring organization has been delegated authority to review and approve their QAPP, an electronic copy must be submitted to the EPA region at the time it is submitted to the PQAO/monitoring organization's QAPP approving authority. The QAPP will be reviewed by the EPA during systems audits or circumstances related to data quality. The QMP submission and approval dates for PQAOs/monitoring organizations must be reported to AQS either by the monitoring organization or the EPA Region.

2.1.2 The QAPP is a formal document describing, in sufficient detail, the quality system that must be implemented to ensure that the results of work performed will satisfy the stated objectives. PQAOs must develop QAPPs that describe how the organization intends to control measurement uncertainty to an appropriate level in order to achieve the data quality objectives for the EDO. The quality assurance policy of the EPA requires every EDO to have a written and approved QAPP prior to the start of the EDO. It is the responsibility of the PQAO/monitoring organization to adhere to this policy. The QAPP must be suitably documented in accordance with EPA requirements (reference 3 of this appendix) and include standard operating procedures for all EDOs either within the document or by appropriate reference. The QAPP must identify each PQAO operating monitors under the QAPP as well as generally identify the sites and monitors to which it is applicable either within the document or by appropriate reference. The QAPP submission and approval dates must be reported to AQS either by the monitoring organization or the EPA Region.

2.1.3 The PQAO/monitoring organization's quality system must have adequate resources both in personnel and funding to plan, implement, assess and report on the achievement of the requirements of this appendix and it's approved QAPP.

2.2 Independence of Quality Assurance. The PQAO must provide for a quality assurance management function, that aspect of the overall management system of the organization that determines and implements the quality policy defined in a PQAO's QMP. Quality management includes strategic planning, allocation of resources and other systematic planning activities (e.g., planning, implementation, assessing and reporting) pertaining to the quality system. The quality assurance management function must have sufficient technical expertise and management authority to conduct independent oversight and assure the implementation of the organization's quality system relative to the ambient air quality monitoring program and should be organizationally independent of environmental data generation activities.

2.3. Data Quality Performance Requirements.

2.3.1 Data Quality Objectives. The DQOs, or the results of other systematic planning processes, are statements that define the appropriate type of data to collect and specify the tolerable levels of potential decision errors that will be used as a basis for establishing the quality and quantity of data needed to support the monitoring objectives (reference 5 of this appendix). The DQOs will be developed by the EPA to support the primary regulatory objectives for each criteria pollutant. As they are developed, they will be added to the regulation. The quality of the conclusions derived from data interpretation can be affected by population uncertainty (spatial or temporal uncertainty) and measurement uncertainty (uncertainty associated with collecting, analyzing, reducing and reporting concentration data). This appendix focuses on assessing and controlling measurement uncertainty.

2.3.1.1 Measurement Uncertainty for Automated and Manual PM2.5Methods. The goal for acceptable measurement uncertainty is defined for precision as an upper 90 percent confidence limit for the coefficient of variation (CV) of 10 percent and ±10 percent for total bias.

2.3.1.2 Measurement Uncertainty for Automated O3Methods. The goal for acceptable measurement uncertainty is defined for precision as an upper 90 percent confidence limit for the