[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Rules and Regulations]
[Page 58171-58224]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-13]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Site
Remediation; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR 2002-0021; FRL-7549-3]
RIN 2060-AH-12
National Emission Standards for Hazardous Air Pollutants: Site
Remediation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) from site remediations. The final
rule implements the Clean Air Act (CAA) section 112(d) to control
hazardous air pollutants (HAP) emissions at major sources where
remediation technologies and practices are used at the site to clean up
contaminated environmental media (e.g., soils, groundwaters, or surface
waters) or certain stored or disposed materials that pose a reasonable
potential threat to contaminate environmental media. Site remediations
subject to the final rule are required to control emissions of organic
HAP by meeting emissions limitations and work practice standards
reflecting the application of maximum achievable control technology
(MACT). The final rule applies to certain types of site remediation
activities that are conducted at a facility where non-remediation
sources are a major source of HAP emissions. Some site remediations
already regulated by rules established under the Comprehensive
Environmental Response and Compensation Liability Act (CERCLA) or the
Resource Conservation and Recovery Act (RCRA) are not subject to the
final rule.
The HAP emitted by site remediation activities can include benzene,
ethyl benzene, toluene, vinyl chloride, xylenes, and other volatile
organic compounds (VOC). The range of potential human health effects
associated with exposure to these organic HAP and VOC include cancer,
aplastic anemia, upper respiratory tract irritation, liver damage, and
neurotoxic effects (e.g., headache, dizziness, nausea, tremors).
EFFECTIVE DATE: October 8, 2003.
ADDRESSES: Docket. The official public docket is the collection of
materials used in developing the final rule and is available for public
viewing at the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: For information concerning
applicability and rule determinations, contact your State or local
representative or the appropriate EPA Regional Office representative.
For information concerning the analyses performed in developing the
final rule, contact Mr. Greg Nizich, Waste and Chemical Processes
Group, Emission Standards Division (C439-03), U.S. EPA, Research
Triangle Park, NC 27711, telephone number (919) 541-3078, facsimile
number (919) 541-0246, electronic mail (e-mail) address nizich.greg@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
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Category NAICS\1\ Examples of regulated entities
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Industry................................ 325211, 325192, 325188, 32411, Site remediation activities at
49311, 49319, 48611, 42269, businesses at which materials
42271. containing organic HAP currently
are or have been in the past
stored, processed, treated, or
otherwise managed at the facility.
These facilities include: organic
liquid storage terminals, petroleum
refineries, chemical manufacturing
facilities, and other manufacturing
facilities with co-located site
remediation activities.
Federal Government...................... ................................ Federal agency facilities that
conduct site remediation activities
to clean up materials contaminated
with organic HAP.
State/Local/Tribal Government........... ................................ Tribal governments that conduct site
remediation activities to clean up
materials contaminated with organic
HAP.
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\1\ North American Industry Classification System (NAICS) code. Representative industrial codes at which site
remediation activities have been or are currently conducted at some but not all facilities under a given code.
The list is not necessarily comprehensive as to the types of facilities at which a site remediation cleanup
may potentially be required either now or in the future.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that we are now aware
could potentially be regulated by this action.
A comprehensive list of NAICS codes cannot be compiled for
businesses or facilities potentially regulated by the final rule due to
the nature of activities regulated by the source category. The
industrial code alone for a given facility does not determine whether
the facility is or is not potentially subject to the final rule. The
final rule may be applicable to any type of business or facility at
which a site remediation is conducted to clean up media contaminated
with organic HAP and other hazardous material. Thus, for many
businesses and facilities subject to the final rule, the regulated
sources (i.e., the site remediation activities) are not the predominant
activity, process, operation, or service conducted at the facility. In
these cases, the industrial code indicates a primary product produced
or service provided at the facility rather than the presence of a site
remediation performed to support the predominant function of the
facility. For example, NAICS code classifications where site
remediation activities are currently being performed at some but not
all facilities include, but are not limited to, petroleum refineries
(NAICS code 32411), industrial organic chemical manufacturing (NAICS
code 3251xx), and plastic materials and synthetics manufacturing (NAICS
code 3252xx). However, we are also aware of site remediation activities
potentially subject to the final rule being performed at facilities
listed under NAICS codes for refuse systems, waste management, business
services, miscellaneous services, and nonclassifiable.
To determine whether your facility is regulated by the action, you
should carefully examine the applicability criteria in the final rule.
If you have questions regarding the applicability of the final rule to
a particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Docket. The EPA has established an official public docket for this
action including both Docket ID No. A-99-20 and Docket ID No. OAR-2002-
0021. The official public docket consists of the documents specifically
referenced in
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this action, any public comments received, and other information
related to this action. All items may not be listed under both docket
numbers, so interested parties should inspect both docket numbers to
ensure that they have received all materials relevant to the final
rule. Although a part of the official docket, the public docket does
not include Confidential Business Information or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1744, and the telephone number for the Air Docket is
(202) 566-1742.
Electronic Docket Access. You may access the final rule
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in the above
section. Once in the system, select ``search,'' then key in the
appropriate docket identification number.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule will also be available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the final rule will be placed on the TTN's policy and guidance
page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various
areas of air pollution control. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.
Judicial Review. The NESHAP for site remediation was proposed on
July 30, 2002 (67 FR 49398). Today's final rule announces the EPA's
decision on the final rule. Under CAA section 307(b)(1), judicial
review of the final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit by December 8, 2003. Only those objections to the final rule
which were raised with reasonable specificity during the period for
public comment may be raised during judicial review. Under CAA section
307(b)(2), the requirements that are the subject of today's final rule
may not be challenged later in civil or criminal proceedings brought by
the EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. What is the statutory authority for the final rule?
B. How did we develop the final rule?
C. What criteria are used in the development of the final rule?
II. Summary of Final Rule
A. Who must comply with the final rule?
B. What are the affected sources?
C. What are my compliance options?
D. What are the emissions limitations and work practice
standards?
E. What are the requirements for remediation material that is
shipped off-site?
F. What are the general compliance requirements?
G. What are the initial compliance requirements?
H. What are the continuous compliance requirements?
I. What are the notification, recordkeeping, and reporting
requirements?
J. What are the compliance deadlines?
K. How does the ``once in, always in'' policy apply?
III. Responses to Major Comments on Proposed Rule
A. Why are we promulgating a NESHAP to regulate HAP emissions
from site remediation activities?
B. How did we select the HAP to be regulated by the final rule?
C. How do we define site remediation for the final rule?
D. Why does the final rule not apply to CERCLA Superfund and
RCRA Corrective Action cleanups?
E. Why does the final rule potentially apply to State and
voluntary cleanup programs?
F. How does the final rule apply to cleanups of leaking
underground storage tanks?
G. How does the final rule apply to cleanups of radioactive
mixed waste?
H. How does the final rule apply to short-term site remediations
at affected facilities?
I. How does the final rule apply to remediation materials sent
off-site from affected facilities?
IV. Summary of Environmental, Energy, and Economic Impacts
A. What are the air emission impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental and energy
impacts?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Background
A. What Is the Statutory Authority for the Final Rule?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. Major
sources of HAP are defined by CAA section 112(a)(1) as those sources
that have the potential to emit greater than 10 tons per year (tpy) of
any one HAP or 25 tpy of any combination of HAP. Area sources are
stationary sources of HAP that are not major sources. The category of
major sources covered by today's final NESHAP for site remediation, was
listed on July 16, 1992 (57 FR 31576). We included site remediation on
the source category list to address HAP emissions at major sources
where remediation technologies and practices are used at the site to
clean up contaminated environmental media (e.g., soils, groundwaters,
or surface waters) or certain stored or disposed materials that pose a
reasonable potential threat to contaminate environmental media.
B. How Did We Develop the Final Rule?
We proposed the Site Remediation NESHAP on July 30, 2002 (67 FR
49398). A 60-day public comment period (July 30, 2002 to September 30,
2002) was provided for the public to submit their comments on the
proposed rule. Also, we offered to hold a public hearing to allow any
interested persons to present their oral comments on the proposed rule.
However, we did not receive a request from anyone to speak at the
public hearing, so a public hearing was not held.
We received a total of 51 comment letters and e-mails regarding the
proposed rule. Two commenters affiliated with the U.S. Department of
the Navy independently submitted the same set of comments; and two
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commenters from the State of Alabama each submitted two separate and
distinct sets of comments.
The final rule promulgated by this action reflects our full
consideration of all the comments we received on the rule proposal. Our
responses to all of the substantive public comments on the proposal are
presented in the background information document (BID) titled,
``National Emission Standards for Hazardous Air Pollutant (NESHAP) for
Site Remediation: Background Information for Promulgated Standards.''
The BID is available in Docket No. OAR-2002-0021.
C. What Criteria Are Used in the Development of the Final Rule?
Under CAA section 112(d), we are directed to establish NESHAP for
the control of HAP from both new and existing major sources. The CAA
requires that each NESHAP reflect the maximum degree of reduction in
emissions of HAP that is achievable for the source category or
subcategory. This level of control is commonly referred to as the
maximum achievable control technology (MACT).
The MACT floor is the minimum control level allowed for NESHAP and
is defined under CAA section 112(d)(3). Establishing the MACT floor
ensures that each standard is set at a level that assures that all
major sources within a source category or subcategory achieve a level
of control at least as stringent as that already achieved by the
better-controlled and lower-emitting sources in the applicable source
category or subcategory. For new sources, the MACT floor cannot be less
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards established for existing
sources can be less stringent than standards for new sources, but the
existing source standards cannot be less stringent than the average
emissions limitation achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
five sources for categories or subcategories with fewer than 30
sources).
In developing NESHAP, we also consider control alternatives that
are more stringent than the MACT floor. Section 112(d)(2) of the CAA
allows us to establish standards that are more stringent than those
that would be established by the MACT floor level based on the
consideration of costs to achieve the emissions reductions, any health
and environmental impacts, and energy requirements.
To determine MACT for the affected sources regulated by the Site
Remediation NESHAP, we established at proposal that the MACT floor for
existing affected sources associated with site remediation activities
is some level of air emission control beyond no controls. Also, we
decided to not compute an emission limitation statistically or identify
specific control technology that represents the MACT floor for the site
remediation sources because of the uniqueness of the site remediation
source category, the extent of information available to us, and the
complexities of gathering additional meaningful information (see 67 FR
49414-49415). Instead, we relied on provisions of CAA section 112(d)(2)
that allow us to select MACT for a source category that is more
stringent than the MACT floor.
We chose to select the MACT technology directly from alternatives
beyond the MACT floor for each affected source type selected to be
subject to the Site Remediation NESHAP. To do this, we looked at the
types of air emission controls demonstrated to achieve control levels
required under national air standards for sources similar to those
sources that potentially may be associated with site remediations
(particularly the NESHAP for Off-Site Waste and Recovery Operations
under 40 CFR part 63, subpart DD, and the air standards for RCRA
hazardous waste treatment, disposal, and facilities (TSDF) under
subparts AA, BB, and CC in 40 CFR parts 264 and 265). Because the air
emission controls needed to achieve the control levels required under
the rules applicable to sources similar to those sources subject to the
final Site Remediation NESHAP are now being implemented by facility
owners and operators, we concluded that this demonstrates that these
control levels are technically achievable, the costs are reasonable,
and there are no adverse non-air quality health, environmental impacts,
or energy requirements associated with the selected control levels.
Following proposal, we reviewed our data sources to determine the
availability of additional information on air pollution controls
currently in use for site remediation activities. No new data or
information to update and supplement our original data were provided by
commenters on the proposed rule. We concluded that our original
database remains the best available source of information available to
us. The control levels established by the emission limitation and work
practices established by the final Site Remediation NESHAP are the same
controls levels being implemented at similar sources subject to other
NESHAP and related national air rules.
II. Summary of Final Rule
The final rule amends 40 CFR part 63 by adding subpart GGGGG--
National Emission Standards for Hazardous Air Pollutants for Site
Remediation. At proposal, we received comments stating that the
organization, reliance on presenting many rule requirements in an
exclusively tabular format, and extensive cross-referencing to
provisions in other subparts which we used for the proposed rule made
it difficult to read and understand. We have written the final rule to
reflect those comments. Many of the requirements that were presented
exclusively in tables in the proposed rule have been moved back into
the regulatory text of the final rule, and the applicable tables were
deleted. While these editorial changes to the final rule make it appear
substantially different from the proposed rule, most of the technical
and administrative requirements remain the same as proposed.
A. Who Must Comply With the Final Rule?
We have written the applicability requirements to clarify our
intent as to what is a site remediation activity and how the final rule
applies to these activities. You are subject to the final rule if you
own or operate a facility that is a major source of HAP emissions and
where a site remediation is conducted that meets the definitions and
conditions specified in the final rule. Certain types of site
remediations are explicitly exempted from being subject to the final
rule.
Applicability Definitions and Conditions
In the final rule, we have added a new definition for the term
``site remediation'' and written our proposed definition of
``remediation material'' to clarify the final rule's applicability and
to improve implementation of the final rule's requirements. Site
remediation means one or more activities or processes used to remove,
destroy, degrade, transform, immobilize, or otherwise manage
remediation material, as defined in the final rule. Monitoring or
measuring of contamination levels in media, whether by using wells,
sampling, or other means, is not considered to be a site remediation.
We have written the definition of remediation material to clarify
the term's meaning consistent with our
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intent that the final rule address HAP emissions from site remediations
to clean up environmental media contaminated with HAP (e.g., soils,
groundwaters, surface waters), as well as clean up certain stored or
disposed materials that contain HAP and pose a reasonable potential
threat to contaminate environmental media. The final Site Remediation
NESHAP is applicable to those site remediations that involve the
cleanup of materials with the potential to emit the HAP we have listed
in the final rule. Also, the revised definition of remediation material
used in the final rule explicitly identifies two groups of materials
considered to be remediation materials for the purpose of implementing
the final rule.
Remediation material as defined for the final Site Remediation
NESHAP must contain one or more of the HAP listed in Table 1 of the
final rule. Table 1 of the final rule presents a list of 97 specific
organic HAP compounds, isomers, and mixtures, and is the same list that
we proposed with one correction. The compound 1-1 dimethyl hydrazine
was incorrectly included on list published with the proposed rule, and
this compound has been deleted from the list in the final rule. If your
site remediation does not involve the cleanup of remediation material
containing any of the HAP listed in Table 1 of the final rule, then you
are not subject to the final Site Remediation NESHAP.
The first group of materials included in the definition of
remediation material addresses air emissions from site remediations to
clean up environmental media contaminated with HAP. These materials are
found in environmental media such as soil, groundwater, surface water,
and sediments, or a mixture of such materials with liquids, sludges, or
solids which is inseparable by simple mechanical removal processes and
is made up primarily of media. Our use of the term ``media'' for the
final rule does not include debris as defined in 40 CFR 268.2.
The second group of materials included in the definition of
remediation material addresses air emissions from site remediations to
clean up materials containing HAP that are stored or disposed at a site
and that pose a reasonable potential threat to contaminating
environmental media. These are defined to be materials containing HAP
that are found in intact or substantially intact containers, tanks,
storage piles, or other storage units. Examples of these materials
include solvents, oils, paints, and other volatile or semi-volatile
organic liquids found in buried drums, cans, or other containers;
gasoline, fuel oil, or other fuels in leaking underground storage
tanks; and solid materials containing volatile or semi-volatile
organics in unused or abandoned piles. We do not consider remediation
material, for example, to include waste or residue generated by routine
equipment maintenance activities performed at a facility such as tank
bottoms and sludges removed during tank cleanouts; sludges and
sediments removed from active wastewater treatment tanks, surface
impoundments, or lagoons; spent catalyst removed from process
equipment; residues removed from air pollution control equipment; and
debris removed during heat exchanger and pipeline cleanouts. The
removal and subsequent management of these types of waste and residue
materials are not remediation activities, but instead, are good
operating and maintenance practices that facility owners and operators
perform to help sustain process and air pollution control equipment
performance at the equipment's design specifications and to extend the
equipment's service life.
Hereafter in this preamble, the term remediation material is used
as defined in the final Site Remediation NESHAP. Not all site
remediations to clean up remediation material are subject to the final
Site Remediation NESHAP. Certain site remediations are explicitly
exempted from being subject to the final rule. Of the site remediations
not specifically exempted, only site remediations to clean up
remediation material that meet both of the additional applicability
conditions specified in the rule are subject to the final rule.
We have written the final rule to clarify the applicability
conditions used to determine if your site remediation is subject to the
final rule. These conditions have not changed from the proposed rule
other than we have reworded the regulatory language to better describe
the types of site remediations we intend the final rule to affect. If
your site remediation is not included on the list of exempted site
remediations in Sec. 63.7881(b) of the final rule or you can qualify
for the facility-wide small HAP content exemption in Sec. 63.7881(c),
then you make a determination of whether both of the applicability
conditions specified in the final rule apply to your cleanup. If either
of the applicability conditions do not apply to your cleanup, then your
site remediation is not subject to the final Site Remediation NESHAP.
The first applicability condition is that a site remediation to
clean up remediation material must be co-located with one or more
stationary sources of HAP emissions within a contiguous area and under
common control that meets an affected source definition specified for a
source category that is regulated by another NESHAP in 40 CFR part 63.
The re-wording of this condition in the final rule eliminated the need
for the term ``MACT activity'' that was included in the proposed rule.
That term no longer appears. This condition applies regardless of
whether or not the non-remediation affected stationary sources at your
site are subject to, or exempted from, the control standards under the
applicable subpart. For example, if a site remediation is performed at
a petroleum refinery subject to 40 CFR part 63, subpart CC--National
Emission Standards for Hazardous Air Pollutants from Petroleum
Refineries, then a site remediation to clean up remediation materials
conducted at the facility meets this applicability condition. If there
are no stationary sources that meet this applicability condition at the
facility where a site remediation is conducted, then you are not
subject to the final rule.
We provided this condition to simplify the applicability
determination process whereby an owner or operator of a site
remediation with low HAP potential can easily determine that they are
not subject to the Site Remediation NESHAP without having to estimate
potential HAP emissions. This is a reasonable approach since we believe
that remediation activities that are not collocated with a stationary
source, or sources, meeting the affected source definition of another
NESHAP would not be major sources by themselves. The one possible
exception could be some CERCLA sites, which might themselves be major
sources without regard for collocation with a major source, but these
sites are exempt from the final rule.
The other applicability condition is that the facility at which you
conduct a site remediation to clean up remediation material must be a
major source, as defined in Sec. 63.2 of the General Provisions to 40
CFR part 63. Your facility is a major source if it emits or has the
potential to emit HAP above the threshold levels of 10 tpy for any
single HAP and 25 tpy for any combination of HAP. All potential
emissions of HAP from the entire facility (i.e., both the remediation
activity and all other facility activity) must be considered in making
this calculation. It is also important to note that the determination
of the major source status of a given facility is determined based on
all HAP listed pursuant to CAA section 112(b) (i.e., not just the HAP
listed in Table 1 of the final Site Remediation NESHAP).
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A source that is not a major source is an area source. If your HAP
emission determination shows that when you conduct the site remediation
your site will remain an area source (i.e., the total potential HAP
emissions from the existing sources at your site plus the estimated HAP
emissions from the site remediation activities to be performed for the
cleanup are less than the major source threshold levels), then your
site remediation is not subject to the final Site Remediation NESHAP.
If your site is currently an area source, but will become a major
source when you conduct the site remediation, then your site
remediation is subject to the final Site Remediation NESHAP. However,
for this situation because of the uniqueness of this source category
and the nature of the activities regulated by the final rule, there is
a special exception to the ``once in, always in'' NESHAP policy as
related to your facility's NESHAP compliance obligations.
Site Remediation Applicability Exemptions
The final rule does not apply to certain site remediations that are
explicitly exempted, regardless of the organic HAP content of the
remediation materials or the status of other stationary sources at the
locations where these site remediations are conducted. In general,
these exemptions apply to site remediation activities regulated under
other Federal rules and requirements or which have special
circumstances that make application of requirements under the final
rule unnecessary or problematic. The exempted site remediations are
listed in Sec. 63.7881(b) of the final rule. The final Site
Remediation NESHAP does not apply to CERCLA Superfund and RCRA
corrective actions to clean up hazardous substances, hazardous wastes,
and hazardous constituents. In short, we view the Superfund program
under CERCLA and the hazardous waste corrective action program under
RCRA as the functional equivalents of the establishment of MACT
standards under CAA section 112. These programs, as part of the ROD
process for Superfund cleanups and the RCRA permitting process for
corrective action cleanups, require consideration of the same HAP
emissions that we do in establishing MACT standards, and provide
opportunity for public involvement in these site-specific remediation
determinations. The RCRA and CERCLA statues apply more specifically to
the remediation process than does MACT under the CAA and, unlike the
CAA, authorize site specific means of dealing with remediation
activities and their associated HAP emissions. Consequently, we are
exempting these activities from the MACT standards promulgated in the
final rule.
In response to comments on the proposed exemptions for site
remediations to clean up contamination from units managing radioactive
mixed waste, we collected additional information and reviewed the basis
for the proposed exemption. Because the technical issues related to
safety concerns for containers and other storage units managing
radioactive mixed wastes do not apply to site remediation treatment
unit process vents and equipment leaks, the final Site Remediation
NESHAP limits the exemption for radioactive mixed waste to only
remediation material management units (a term explained fully below).
Remediation activities (that meet the final rule applicability
criteria) to clean up radioactive mixed waste are subject to standards
for treatment unit process vents and equipment leaks under the final
Site Remediation NESHAP. Also, we have written the final rule language
to clarify the applicability of this exemption to site remediations
involved with the cleanup of radioactive mixed wastes. To be consistent
with the definitions used in RCRA, mixed waste is defined in the final
rule as waste that contains both hazardous waste subject to RCRA and
either source, special nuclear, or byproduct material subject to the
Atomic Energy Act of 1954. Also, an additional reference to the Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579) is added
to the final rule exemption language to include the management of mixed
transuranic waste within the scope of the exemption.
Finally, the final rule maintains the other exemptions we proposed.
The final rule does not apply to a site remediation to clean up leaking
underground storage tanks located at a gasoline service station. The
final rule does not apply to any site remediation conducted at a farm
or residential site. Also, the final rule does not apply to a site
remediation conducted at a research and development facility that meets
the requirements of CAA section 112(c)(7).
The final rule retains the proposed exemption for site remediations
of short duration. However, this exemption has been modified from the
proposed exemption to address public comments we received and to
resolve potential issues regarding the practical implementation and
enforcement of the exemption.
Under the short-term site remediation exemption, a site remediation
at a facility subject to the final rule is not subject to the emissions
limitations and work practice standards in the final Site Remediation
NESHAP if the site remediation can be completed within 30 consecutive
calendar days as determined from the day on which you actually begin
work at the site to physically clean up the remediation materials.
Certain administrative and site preparation activities you need to
perform before you can physically begin the cleanup are not counted as
part of this 30-day exemption period. These pre-activities consist of
the following: activities you perform to characterize the type and
extent of the contamination by collecting and analyzing samples,
obtaining any permits required by State or local authorities to conduct
the site remediation, scheduling workers and necessary equipment, and
arranging for any contractor assistance in performing the site
remediation. To qualify for the short-term site remediation exemption,
you must prepare and maintain at your facility written documentation
describing the exempted site remediation and listing the initiation and
completion dates for the site remediation.
B. What Are the Affected Sources?
The final rule designates three types of affected sources subject
to requirements under the final rule: process vents on in-situ and ex-
situ remediation treatment processes; units used to manage remediation
materials (called remediation material management units'' in the final
rule); and equipment leaks from pumps, valves, and other ancillary
equipment associated with the remediation activities. The affected
source designations in the final rule are the same as proposed.
The affected source for process vents is the entire group of
process vents associated with the in-situ and ex-situ remediation
processes used at your site to remove, destroy, degrade, transform, or
immobilize hazardous substances in the remediation material. Examples
of process vents for in-situ remediation processes include the
discharge vents to the atmosphere used for soil vapor extraction and
underground bioremediation processes. Examples of process vents for ex-
situ remediation processes include vents for thermal desorption,
bioremediation, and stripping processes (air or steam stripping).
The term remediation material management unit is used in the final
rule to refer collectively to any tank,
[[Page 58177]]
container, surface impoundment, oil-water separator, organic-water
separator, or transfer system used to store, transfer, treat, or
otherwise manage remediation material at the site. The affected source
for remediation material management units is the entire group of tanks,
surface impoundments, containers, oil-water separators, and transfer
systems used for the site remediation activities involving clean up of
remediation material.
The affected source for equipment leaks is the entire group of
remediation equipment components (pumps, valves, etc.) that contain or
contact remediation material having a total concentration of HAP listed
in Table 1 of the final rule equal to or greater than 10 percent by
weight, and are intended to operate for 300 hours or more during a
calendar year.
C. What Are My Compliance Options?
Each site remediation subject to the final Site Remediation NESHAP
must meet the applicable standards specified in the final rule for the
types of the affected sources associated with the site remediation
unless the site remediation qualifies for an exemption provided in the
final rule. Separate sets of standards are established for each of the
affected source groups. These standards and exemptions were included in
the proposed rule. A new section has been added to the final rule
titled ``General Standards'' to better delineate and clarify the
overall compliance options and exemptions allowed under the final rule
for each affected source group.
Process Vents
The general standards for affected process vents describe three
compliance options. The first compliance option is to control HAP
emissions from the affected process vents to meet the facility-wide
emissions limitations and associated work practice standards
established in the final rule.
The second compliance option is to determine that the average total
volatile organic HAP (VOHAP) concentration in the remediation material
treated or managed by the process that is vented through the affected
process vents is less than 10 parts per million by weight (ppmw). The
determination of the VOHAP concentration is based on the concentration
of organic HAP listed in Table 1 of the final rule using sampling and
analysis procedures specified in the final rule. Affected process vents
that meet this option are not subject to air pollution control
requirements under the final rule.
The third compliance option is for process vents that are already
using air pollution controls to comply with another subpart under 40
CFR part 61 or 40 CFR part 63. Under this option, you treat your
remediation material in a process for which the HAP emissions from the
affected process vent are controlled in compliance with the standards
specified in the applicable subpart. This means you are complying with
all applicable emissions limitations and work practice standards under
the other subpart (e.g., you install and operate the required air
pollution control devices or have implemented the required work
practice to reduce HAP emissions to levels specified by the applicable
subpart). This provision only applies if the other subpart actually
specifies a standard requiring control of HAP emissions from your
affected process vents. It does not apply to any exemption of the
affected source from using air pollution controls allowed by the other
applicable subpart.
Remediation Material Management Units
The general standards for remediation material management units
provide two compliance options that apply to all affected units. Two
other compliance options are available to some affected remediation
material management units that meet special conditions specified in the
final rule.
The first compliance option available to all affected remediation
material management units is to control HAP emissions from the affected
remediation material management unit according to the emissions
limitations and work practice standards specified in the final rule.
Separate emissions limitations and work practice standards are
established under the final rule for each type of remediation material
management unit (i.e., separate standards for tanks, separate standards
for containers, etc.).
The second compliance option available to all affected remediation
material management unit is to determine the average total VOHAP
concentration of the organic HAP listed in Table 1 of the final rule
that is contained in the remediation material. If the VOHAP
concentration of the material is less than 500 ppmw, then the
remediation material management units handling this material are not
subject to the applicable emissions limitations and work practice
standards established under the final rule. The VOHAP concentration
determination is based on the organic HAP content of the remediation
material at the ``point-of-extraction'' as measured or estimated using
the procedures specified in the final rule. Point-of-extraction is a
defined term in the final rule that means a point above ground where
you can collect samples of a remediation material before or at the
first point where organic constituents in the material have the
potential to volatilize and be released to the atmosphere, and (in all
instances) before placing the material in a remediation material
management unit.
The final rule provides two other compliance options that apply to
certain affected remediation material management units that operate
under the special circumstances specified in the final rule. The first
of these compliance options is available for any affected remediation
material management unit also subject to another subpart under 40 CFR
part 61 or 63. Under this option, you must control HAP emissions from
the affected remediation material management unit in compliance with
the standards specified in the applicable subpart. Implementation of
this provision is the same as discussed above for process vents. The
provision only applies to your affected remediation material management
unit if the other subpart actually specifies a standard requiring
control of organic HAP emissions from the same type of unit as your
remediation material management unit (i.e., if your affected
remediation material management unit is a tank, then the other subpart
must specify organic HAP emission control requirements for tanks). It
does not apply to any exemption of the affected source from using air
pollution controls allowed by the other applicable subpart (e.g., if
the other subpart exempts tanks with capacities less 10,000 gallons
from the control requirements, that exemption does not apply to the
affected tanks you use for your site remediation activities).
A final compliance option is available for a remediation material
management unit that is an open tank or surface impoundment and is used
for a biological treatment process. Under this compliance option, you
must demonstrate that the treatment process meets one of HAP
biodegradation or removal levels specified in the final rule.
The final rule includes a special site-specific exemption for
remediation material management units that manage materials with small
quantities of the organic HAP listed in Table 1 of the final rule. Due
to the nature of the media contamination or other site-specific
circumstances, the cleanup at a site may require use of specialized or
custom equipment that meets the definition of a remediation material
management unit under the final rule
[[Page 58178]]
but this equipment's design or configuration makes it technically
problematic or very expensive to install and operate the air pollution
controls required under the final rule for the particular type of
remediation material management unit. Therefore, the final rule
provides for a site-specific exemption from the applicable emissions
limitations and work practice standards under the final rule to allow
use of these remediation material management units in situations where
the potential for HAP emissions is relatively low. A remediation
material management unit can be exempted from the applicable emissions
limitations and work practice standards under the final rule provided
that the owner or operator determines that the total annual quantity of
the organic HAP listed in Table 1 of the final rule that is contained
in the remediation material placed in the unit remains at a level less
than 1 Mg/yr.
Equipment Leaks
Under the final rule, you must control HAP emissions from equipment
leaks from each equipment component that contains or contacts
remediation material having a total concentration of the organic HAP
listed in Table 1 of the final rule equal to or greater than 10 percent
by weight, and are intended to operate for 300 hours or more during a
calendar year. Control of these emissions is achieved by implementing a
leak detection program and installing equipment.
D. What Are the Emissions Limitations and Work Practice Standards?
The emissions limitations and work practice standards established
by the final Site Remediation NESHAP remain essentially the same as
proposed. The standards are the same for existing, reconstructed, and
new sources.
Process Vents
The process vent standards are the same regardless of whether the
process is an in-situ or ex-situ treatment process. These standards
apply to the entire group of affected process vents associated with all
of the treatment processes used for your site remediation.
The first option is to reduce emissions of total organic HAP
emissions listed in Table 1 of the final rule from all affected process
vents at the facility to a level less than 1.4 kilograms per hour (kg/
hr) and 2.8 Mg/yr, which is approximately 3.0 pounds per hour (lb/hr)
and 3.1 tpy, respectively. You must achieve both the hourly and annual
mass emissions limits to comply with this option under the final rule.
If the total organic HAP emissions from all affected process vents
associated with your site remediation exceed either the hourly or
annual mass emissions limitations, then you must use appropriate
controls to reduce the emission levels to comply with the emissions
limits. If you can meet both the hourly and annual mass emissions
limits using no controls, or with federally-enforceable controls, then
no additional controls are required under the final rule for your
affected process vents.
If you choose, you may demonstrate compliance with the hourly and
annual emission limits based on total organic compounds (TOC) minus
methane and ethane in place of total organic HAP. Because your
compliance determinations based on TOC will be simpler and less
expensive than if you use total organic HAP, it may be advantageous for
your particular site-specific conditions to choose to comply with the
emission limits based on TOC.
As an alternative, you may comply with an emission limit that
requires that you reduce the total organic HAP emissions listed in
Table 1 of the final rule from all of the affected process vents by at
least 95 weight percent. Again, you may demonstrate compliance with
this emission limit using TOC emissions (minus methane and ethane) in
place of using total organic HAP emissions. At sites with multiple
affected process vent streams, you may comply with this option by a
combination of controlled and uncontrolled process vent streams that
achieve the 95 percent reduction standard on an overall mass-weighted
average. You may exclude certain low flow and low HAP concentration
process vent streams explicitly specified in the final rule from the
percent reduction calculation. Under this option, you must meet the
operating limit and work practice standards specified in the final rule
for each control device and closed vent system used to control your
process vent streams.
Remediation Material Management Units
The air pollution control requirements for remediation material
management units in the final Site Remediation NESHAP are based on
using the applicable national emission standards established in other
subparts of 40 CFR part 63 for specific types of equipment whenever
available and appropriate to do so for this source category. For
applications where appropriate NESHAP are not included in the final
Site Remediation NESHAP, we have relied on establishing air emission
control requirements that are consistent with the requirements under 40
CFR part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations. Subpart DD
applies to facilities that are major sources of HAP; receive wastes,
used oils, or used solvents generated at off-site locations; and manage
and treat these materials in units and processes collectively referred
to as off-site waste and recovery operations (OSWRO). The final rule
has been written to directly cross-reference the appropriate subparts
of 40 CFR part 63.
Tanks. Under the final rule for those tanks managing remediation
materials with a maximum HAP vapor pressure of the remediation material
less than 76.6 kPa and required to meet the air emission control
requirements, you must achieve the applicable level of control (Tank
Level 1 or Tank Level 2) determined by the tank design capacity and the
maximum HAP vapor pressure of the remediation material placed in the
tank. For each tank required to use Tank Level 1 controls, you must use
a fixed roof according to the requirements in 40 CFR part 63, subpart
OO--National Emission Standards for Tanks--Level 1. For each tank
required to use Tank Level 1 controls, you may also comply with the
final rule by using Tank Level 2 controls if you choose to do so. For
each tank required to use Tank Level 2 controls, you must comply with
one of five compliance options: use a fixed roof with an internal
floating roof, use an external floating roof, use a fixed roof vented
to a control device, use a pressurized tank that operates as a closed
system during normal operations, or locate an open tank inside a
permanent total enclosure that is vented to a control device.
The final rule requirements for the Tank Level 2 internal and
external floating roof control option requirements have been revised
since proposal by replacing the cross-reference to the floating roof
requirements in the 40 CFR part 63, subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations with a cross-reference to the floating roof control
requirements in 40 CFR part 63, subpart WW--National Emission Standards
for Storage Vessels (Tanks)--Control Level 2. The requirements for
floating roofs in both rules are essentially the same. This change was
made to be consistent with our format changes to the final Site
Remediation NESHAP to directly cross-reference the applicable control
[[Page 58179]]
requirement where applicable to and appropriate for the type of
remediation material management units (in this case tanks) regulated by
the final rule.
We stated at proposal that the basis for the selection of tank
control requirements in the final Site Remediation NESHAP is the tank
control requirements in the 40 CFR part 63, subpart DD--National
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and
Recovery Operations (67 FR 49415). We inadvertently omitted from the
version of proposed Site Remediation NESHAP published in the Federal
Register the tank control requirements for tanks managing remediation
materials with a maximum HAP vapor pressure of 76.6 kPa or greater
included under 40 CFR part 63, subpart DD. For the final rule, we have
corrected this omission and have added to the air pollution control
requirements for tanks managing these remediation materials. The
controls required under the final Site Remediation NESHAP are the same
requirements in 40 CFR part 63, subpart DD. Tanks managing remediation
materials with a maximum HAP vapor pressure of 76.6 kPa or greater use
one of the Tank Level 2 control options other than a floating roof.
Containers. The final rule establishes emissions limitations and
work practice standards to control organic HAP emissions from
containers having a design capacity greater than 0.1 cubic meters
(approximately 26 gallons). For those containers required to use air
pollution controls, you must achieve the applicable level of control
determined by the container design capacity, the organic content of the
remediation material in the container, and whether the container is
used for a waste stabilization process. You must comply with the
specified requirements for the applicable control level in 40 CFR part
63, subpart PP--National Emission Standards for Containers.
Surface impoundments. For each surface impoundment required to use
air pollution controls, you must use a floating membrane cover or a
cover vented to a control device according to the requirements in 40
CFR part 63, subpart QQ--National Emission Standards for Surface
Impoundments.
Separators. For each oil-water or organic-water separator required
to use air pollution controls, you must use a fixed roof, use a
floating roof, vent emissions to a control device, or use a pressurized
separator according to the requirements in 40 CFR part 63, subpart VV--
National Emission Standards for Oil-Water and Organic-Water Separators.
Transfer systems. For each individual drain system required to use
air pollution controls, you must comply with the requirements in 40 CFR
part 63, subpart RR--National Emission Standards for Individual Drain
Systems. For an affected transfer system other than individual drain
systems, you are required to comply with one of three options: use
covers, use continuous hard-piping, or use an enclosure vented to a
control device.
Closed Vent Systems and Control Devices. In final Site Remediation
NESHAP we have added a separate series of sections (Sec. Sec. 63.7925
through 63.7928) that specify in one part of the final rule all of the
emissions limitations and work practice standards that apply to each
closed-vent system and control device you use to meet the requirements
in another section of the final rule. The same requirements for closed-
vent systems and control devices that we proposed are now presented in
these sections. Each control device you use to meet requirements under
the final Site Remediation NESHAP (with the exception of the facility-
wide process vent emission limits) must reduce emissions of total
organic HAP listed in Table 1 of the final rule or the emissions of TOC
(minus methane and ethane) by 95 percent by weight. If a combustion
control device is used (thermal incinerator, catalytic incinerator,
boiler, or process heater), a second compliance option available to you
is for the control device to reduce the concentration of total HAP
listed in Table 1 of the final rule or TOC (minus methane and ethane)
to 20 parts per million by volume (ppmv) or less on a dry basis
corrected to 3 percent oxygen. All control devices you use to meet
requirements under the final rule (including any control devices you
use to meet the facility-wide process vent emission limits) must meet
operating limits for each type of control device and work practice
standards for closed vent systems and certain types of control devices.
In addition, we have added to the final rule several more control
device compliance options that are under 40 CFR part 63, subpart DD--
National Emission Standards for Hazardous Air Pollutants from Off-Site
Waste and Recovery Operations for emissions vented to a boiler, process
heater, or fuel system but was not included in the proposed Site
Remediation NESHAP. Under these compliance options, as an alternative
to complying with the 95 percent reduction requirement for control
devices, you may comply with any of the following work practice
standards: introduce the vent stream into the flame zone of the boiler
or process heater and maintain the conditions in the combustion chamber
at a residence time of 0.5 seconds or longer and at a temperature of
760[deg]C or higher, or introduce the vent stream with the fuel that
provides the predominant heat input to the boiler or process heater
(i.e., the primary fuel), or introduce the vent stream to a boiler or
process heater for which you either have been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H--Hazardous Waste Burned in Boilers and Industrial
Furnaces; or has certified compliance with the interim status
requirements of 40 CFR part 266, subpart H.
Equipment Leaks
The final rule establishes work practice standards to control
organic HAP emissions from leaks in pumps, compressors, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, flanges and other connectors, and product accumulator vessels
that either contain or contact a regulated material that is a fluid
(liquid or gas) and has a total concentration of the organic HAP listed
in Table 1 of the final rule equal to or greater than 10 percent by
weight. These work practice and equipment standards do not apply to
equipment that operates less than 300 hours per calendar year. You have
the option of complying with the provisions of either 40 CFR part 63,
subpart TT--National Emission Standards for Equipment Leaks--Control
Level 1 or 40 CFR part 63, subpart UU--National Emission Standards for
Equipment Leaks--Control Level 2. Both of these subparts require you to
implement a leak detection and repair program (LDAR) and to make
certain equipment modifications.
E. What Are the Requirements for Remediation Material That Is Shipped
Off-Site?
Under the final rule, where remediation material that will be
required to be managed in either remediation material management units
or treatment processes equipped with process vents is shipped to an
off-site facility, you may need to meet certain requirements before
transferring the material and maintaining records for the transferred
materials. We have written the final regulatory language for the
requirements for transfer of remediation wastes to reflect our original
objective in establishing the requirements. Also, we have simplified
the reporting and recordkeeping requirements in the final
[[Page 58180]]
rule related to some off-site transfers of remediation materials.
Finally, we have included in the final rule an explicit provision
stating that the acceptance by a facility owner or operator of
remediation material from a site remediation subject to the final Site
Remediation NESHAP does not, by itself, require the facility owner or
operator to obtain a title V permit.
F. What Are the General Compliance Requirements?
Under the final rule, you must meet each applicable emission
limitation and work practice standard in the final rule at all times,
except during periods of startup, shutdown, and malfunction. You must
develop and implement a written startup, shutdown, and malfunction plan
for your site remediation according to the provisions of 40 CFR
63.6(e)(3). You also must develop and implement a site-specific
monitoring plan for each continuous monitoring system required by the
final rule. The plan must address installation location, performance
and equipment specifications, and procedures for performance
evaluations, operation and maintenance, data quality assurance, and
recordkeeping and reporting. We have deleted the proposed operation and
maintenance requirements for continuous parameter monitoring systems
from the final rule. We are planning to develop and promulgate a single
set of operation and maintenance requirements for continuous parameter
monitoring systems applicable to all NESHAP under 40 CFR part 63.
G. What Are the Initial Compliance Requirements?
Initial compliance with the emissions limitations and work practice
standards for process vents is achieved by demonstrating compliance
with the selected set of emission limits (i.e., mass emission limit or
percent reduction). If a control device is used to achieve compliance
with the emission limits, you also must establish your operating limits
for the control device based on the values measured during the
performance test or determined by the design evaluation.
Initial compliance with the emissions limitations and work practice
standards for remediation material management units is achieved by
demonstrating that the unit meets all applicable air emission control
requirements for the unit. If a control device is used, initial
compliance is determined by either: performing a performance test
according to 40 CFR 63.7 and using specific EPA reference test methods,
or performing a design evaluation according to procedures specified in
the final rule. You also must establish your operating limits for the
control device based on the values measured during the performance test
or determined by the design evaluation.
H. What Are the Continuous Compliance Provisions?
To demonstrate continuous compliance with the applicable emissions
limitations and work practice standards under the final rule, you must
perform periodic inspections and continuous monitoring of certain types
of air pollution control equipment you use to comply with the final
rule. In those situations when a deviation from the operating limits
specified for a control device is indicated by the monitoring system or
when a damaged or defective component is detected during an inspection,
you must implement the appropriate corrective measures.
To demonstrate continuous compliance with an emission limitation
for a given affected source, you must continuously monitor air
emissions or operating parameters appropriate to the type of control
device you are using to comply with the standard, and keep a record of
the monitoring data. Compliance is demonstrated by maintaining each of
the applicable parameter values within the operating limits established
during the initial compliance demonstration for the control device.
There are different requirements for demonstrating continuous
compliance with the work practice standards, depending on which
standards are applicable to a given affected source. To ensure that the
control equipment used to meet an applicable work practice standard is
properly operated and maintained, the final rule requires that you
periodically inspect and monitor this equipment.
I. What Are the Notification, Recordkeeping, and Reporting
Requirements?
The final rule requires that you keep records and file reports
consistent with the notification, recordkeeping, and reporting
requirements in 40 CFR part 63, subpart A. Two basic types of reports
are required: initial notification and semiannual compliance reports.
The initial notification report advises the regulatory authority of
applicability for existing sources or of construction for new sources.
The initial compliance report demonstrates that compliance has been
achieved. This report contains the results of the initial performance
test or design evaluation, which includes the determination of the
reference operating parameter values or range and a list of the
processes and equipment subject to the standards. Subsequent compliance
reports describe any deviations of monitored parameters from reference
values; failures to comply with the startup, shutdown, and malfunction
plan (SSMP) for control devices; and results of LDAR monitoring and
control equipment inspections.
Records required under the proposed standards must be kept for 5
years, with at least the 2 most recent years being kept on the facility
premises. These records include copies of all reports that you have
submitted to the responsible authority, control equipment inspection
records, and monitoring data from control devices demonstrating that
operating limits are being maintained. Records from the LDAR program
and storage vessel inspections, and records of startups, shutdowns, and
malfunctions of each control device are needed to ensure that the
controls in place are continuing to be effective.
J. What Are the Compliance Deadlines?
Each affected source associated with a site remediation is an
existing source if you commenced construction or reconstruction of the
source before July 30, 2002. Each affected source associated with a
site remediation is a new source if you commenced construction or
reconstruction of the affected source on or after July 30, 2002. An
affected source is reconstructed if it meets the definition of
``reconstruction'' in 40 CFR 63.2.
Existing sources associated with a site remediation subject to the
final Site Remediation NESHAP must comply with the final rule
requirements by October 9, 2006. New sources, with the exception of
those new sources managing remediation material that is a radioactive
mixed waste, must be in compliance with the final rule requirements on
the final rule's effective date or, if it is not yet operational, upon
initial startup of the source.
Under the final Site Remediation NESHAP, remediation activities
(which meet the final rule applicability criteria) that clean up
radioactive mixed waste are subject to standards for treatment unit
process vents and equipment leaks. If you have a new affected source
that manages remediation material that is a radioactive mixed waste,
and its initial startup date is on or before October 8, 2003, you must
be in compliance with the final rule requirements no later than October
9, 2006. If the affected source's initial startup date is after October
8, 2003, you must be in compliance with
[[Page 58181]]
the final rule requirements upon initial startup.
K. How Does the ``once in, always in'' Policy Apply?
We explained at proposal why site remediation is a unique source
category (see 67 FR 49400-49401). Because of its uniqueness, we
specifically evaluated how the final Site Remediation NESHAP could be
implemented within the framework of our existing policies for
implementing the MACT standards promulgated under CAA section 112. Our
``once in, always in'' policy is that once a facility or source is
subject to a MACT standard, it remains subject to that standard as long
as the affected source definition or criteria are met. In the preamble
to the proposed rule, we discussed our decision that the once in,
always in policy should not apply to the site remediation source
category for those facilities that are area sources prior to and after,
but not during, the cleanup activity. We received many public comments
supporting this decision. We are reiterating here how we will apply the
once in, always in policy to facilities that conduct site remediations
in situations where a facility is an area source prior to the
remediation activity, but where addition of the potential HAP emissions
from the remediation activities increases the facility's potential to
emit (PTE) to levels such that the facility exceeds the 10 or 25 ton
HAP thresholds for a major source.
Because the facility is then a major source of HAP, another
operation at the facility, such as a manufacturing process, would be
subject to NESHAP for other source categories located at their
facility. Furthermore, after the remediation is completed, the facility
would, in terms of potential emissions, essentially be back to where it
was as an area source (assuming no change in the facility plant
operations). Under the once in, always in policy, the facility would
remain subject to the NESHAP that was triggered by the limited duration
change of source status from area to major brought about by the
increase in PTE from the site remediation activity.
In the situation described above, the once in, always in policy
would create an obvious disincentive for owners or operators to engage
in site remediations, particularly since voluntary remediation would be
affected by the final rule. Our intent is to not adopt requirements
that create incentives to avoid a cleanup or result in the selection of
less desirable or less protective remediation approaches. Therefore, we
have determined that the once in, always in policy does not apply where
a facility's status changes from area source to major source, solely as
a result of remediation activities regulated by the Site Remediation
NESHAP, where the facility returns to area source status after the
cleanup activity.
III. Responses to Major Comments on Proposed Rule
Our responses to all of the substantive public comments on the
proposal are presented in the BID which is available in Docket No. OAR-
2002-0021.
A. Why Are We Promulgating NESHAP To Regulate HAP Emissions From Site
Remediation Activities?
Comment: Several commenters disagreed with our decision to
establish a NESHAP regulating HAP emissions from site remediation
activities. The commenters argued that such a NESHAP is not needed for
several reasons: the level of HAP emissions from the sources that would
be subject to the final rule is too low to warrant regulation by a
NESHAP, adequate air emissions controls already are imposed at sites
subject to risk assessment, and a NESHAP discourages site owners and
operators from initiating and conducting voluntary cleanups.
Response: Section 112 of the CAA requires that we establish MACT
standards for the control of HAP from both new and existing major
sources of HAP. Section 112(a)(1) defines a ``major source'' as `` * *
* any stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the
potential to emit considering controls, in the aggregate, 10 tons per
year or more of any hazardous air pollutant or 25 tons per year or more
of any combination of hazardous air pollutants. * * * '' We have
codified essentially this same definition into Sec. 63.2 of the
General Provisions to part 63. We have long interpreted this definition
as requiring that all sources of HAP within a plant site must be
aggregated, so long as the sources are geographically adjacent and
under common control (see e.g., 59 FR 12412, March 16, 1994). This
interpretation was sustained by the court in National Mining Ass'n v.
EPA, 59 F. 3d 1351, 1355-1359 (D.C. Cir. 1995). A consequence, then, is
that sources of HAP which are part of a major source, but which would
not themselves (viewed separately) be major sources, are still
classified as major sources and are subject to the requirements of CAA
section 112(c) and (d), which command us to list all categories of
major sources and establish technology-based standards for those
sources. The result, for purposes of site remediation activities, is
that all such remediations conducted at locations which, taken as a
whole are major sources, are themselves required to be controlled by
MACT standards in the final rule.
We determined that there are major sources of HAP where site
remediations are now being conducted or may be conducted in the future
to clean up contaminated environmental media or certain stored or
disposed materials that pose a reasonable potential threat to
contaminate environmental media. The levels of HAP emissions from
remediation activities at a given cleanup site depend on a combination
of site-specific factors including the type of remediation processes
used and activities conducted; the quantity, HAP composition, and other
characteristics of the remediation material; and the time required to
complete the cleanup. We recognize that at some cleanup sites the
levels of HAP emissions from the remediation activities will be low.
However, at other cleanup sites the potential level of HAP emissions
from the remediation activities can be substantial and appropriate air
pollution controls are needed to protect public health and the
environment.
We already have established requirements under our RCRA hazardous
waste corrective action and CERCLA Superfund programs which address the
air emissions from certain remediation activities based largely on
site-specific risk assessments. However, these requirements do not
apply universally to all site remediations with the potential to emit
HAP. There are site remediations not subject to these federally-
enforceable requirements. To meet our congressional directive under CAA
section 112, we are promulgating the final Site Remediation NESHAP
applicable to those site remediations not subject to federally-
enforceable requirements that will effectively control HAP emissions.
Finally, the fundamental objective of a site remediation is to
mitigate a detected risk to public health or the environment by
successfully completing the cleanup of media or other materials at the
site that is contaminated by a hazardous substance. It is commendable
when a site owner or operator voluntarily initiates and conducts a
cleanup. However, the fact that a cleanup is being conducted
voluntarily as opposed to being conducted to comply with a Federal or
State regulatory requirement or fulfill a court directive does not
obviate or excuse the use of appropriate air pollution controls to
those site remediation activities with
[[Page 58182]]
the potential to emit substantial quantities of HAP.
B. How Did We Select the HAP To Be Regulated by the Final Rule?
Comment: Several commenters requested that we reconsider our
selection of which HAP are regulated under the final rule to include
metals and inorganic compounds listed as HAP. In particular, the
commenters stated that beryllium and other heavy metals should be
included because these HAP cause harm to public health and welfare.
Other commenters supported our decision not to regulate remediation
activities that emit metal HAP or other inorganic HAP. One commenter
stated that the final rule should be based on a HAP list developed
specifically for site remediation instead of using the list under 40
CFR part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations.
Response: A site remediation potentially could be required at any
of a wide variety of industrial facilities, manufacturing plants, waste
treatment and disposal facilities, and other types of sites.
Consequently, the contaminating substances at a site requiring cleanup
could be any of the organic, metal, or inorganic chemicals or groups of
chemicals that are listed as HAP pursuant to CAA section 112(b).
However, some of these contamination substances that are also listed as
HAP have no or minimal potential to be emitted to the atmosphere from
the site remediation activities performed at the site to clean up the
contamination (notwithstanding that metal and other inorganic HAP may
be present in the material being remediated).
In developing the proposed Site Remediation NESHAP, we considered
all of the HAP listed pursuant to CAA section 112(b) for regulation by
the proposed rule (see 67 FR 49413). Based on the information available
to us at proposal regarding the cleanup of media contaminated with
metals or other inorganic HAP, many of the remediation techniques used
for these cleanups do not release the metals or inorganic HAP to the
atmosphere. In cases where remediation material containing a metal or
inorganic HAP is burned in an incinerator or other combustion unit, the
combustion unit must already meet air standards under the CAA and RCRA
that limit organic, particulate matter, metals, and chloride emissions.
Therefore, we concluded that metals and other inorganic compounds
listed as HAP pursuant to CAA section 112(b) do not need to be
regulated by the final Site Remediation NESHAP. We specifically
requested comment at proposal on our conclusion. We received some
additional information from commenters supporting our decision not to
include any metal or inorganic HAP on our list of regulated HAP for the
final Site Remediation NESHAP. We received no information from
commenters to support a determination that metal or inorganic HAP are
being emitted from site remediation activities. Therefore, we continue
to believe that metal and other inorganic compounds HAP do not need to
be addressed by the final Site Remediation NESHAP.
In selecting the organic HAP to be regulated by the final Site
Remediation NESHAP, we chose at proposal to be consistent with the
approach we used for under 40 CFR part 63, subpart DD--National
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and
Recovery Operations as well as other NESHAP promulgated for source
categories with large diversity in the organic chemical constituents
present in the materials managed at any given facility. Under this
approach, a specific list of pollutants is selected that reasonably
ensures MACT control of the organic HAP emitted from the source. We
used this approach to develop the HAP list for under 40 CFR part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations by evaluating each chemical
or chemical group listed as a HAP in CAA section 112(b) with respect to
its potential to be emitted from a waste management or recovery
operation (see 59 FR 1921).
Subpart DD under 40 CFR part 63 does not apply to OSWRO sources
managing wastes received from site remediations. However, the data base
that we used to select the list of HAP for subpart DD under 40 CFR part
63 included remediation wastes sent to hazardous waste TSDF. We
concluded that this data base is also representative of the range of
organic HAP chemicals having the potential to be emitted from the sites
requiring cleanup of media contaminated with volatile or semi-volatile
organics and other remediation material. Therefore, we proposed that
same list of organic HAP used for the subpart DD under 40 CFR part 63
also be used for the final Site Remediation NESHAP. We requested
comment at proposal regarding the use of this list of organic HAP for
the final Site Remediation NESHAP. We received no new data from
commenters, and have not ourselves found additional data since proposal
to cause us to alter our conclusion. These data are the best
information available representative of the range of organic HAP
chemicals having the potential to be emitted from site remediation
activities, and that it is most appropriate to use also the HAP list
from subpart DD under 40 CFR part 63 for the Site Remediation NESHAP.
When we developed the HAP list for subpart DD under 40 CFR part 63,
we evaluated each organic chemical or chemical group listed as a HAP in
CAA section 112(b) with respect to its potential to be emitted from a
waste management or recovery operation (see 59 FR 51921). The criteria
used to characterize and evaluate emission potential was based on a
chemical constituent's Henry's law constant, evaluation of the aqueous
and organic volatility characteristics of the chemical, and the ability
of the analytical test methods to quantitate the chemical. Based on our
evaluation, we developed the list of specific organic HAP compounds or
compound groups to be regulated under the final rule (Table 1 in
subpart DD under 40 CFR part 63). We later decided to delete eight
chemicals from our initial list because we concluded that there is low
potential for these compounds to be emitted from OSWRO (see 61 FR
34153). Dimethyl hydrazine was one of the eight compounds we removed
from the list. Table 1 in the proposed Site Remediation NESHAP
inadvertently included dimethyl hydrazine as one of the regulated HAP.
We have corrected Table 1 in the final Site Remediation NESHAP to
accurately reflect our intent by deleting dimethyl hydrazine from the
list.
C. How Do We Define Site Remediation in the Final Rule?
Comment: Commenters expressed the concern that, as proposed, the
final rule applicability provisions are unclear and circular. Several
commenters requested that we clearly define the term ``remediation'' or
the remediation activities subject to the final rule. Commenters also
stated that routine waste management activities (e.g., tank clean-outs,
removing spent catalyst from reactors, cleaning heat exchangers and
other piping, etc.) are not site remediation activities and should be
distinguished from site remediation activities subject to the final
rule.
Response: We have written the regulatory language in the
applicability section of the final rule to clarify our intent as to
what is a site remediation for the purpose of implementing the Site
Remediation NESHAP. The basis for all of our revisions to the proposed
rule is consistency with our intent that the
[[Page 58183]]
final rule address HAP emissions from activities to clean up
environmental media contaminated with HAP as well as clean up certain
stored or disposed materials at a site that contain HAP and pose a
reasonable potential threat to contaminating environmental media. It
was never our intention that the final rule be interpreted to apply to
activities at a facility required for management of waste generated by
routine equipment maintenance activities or other types of activities
necessary to continue day-to-day operations at a facility.
D. Why Does the Final Rule Not Apply to CERCLA Superfund and RCRA
Corrective Action Cleanups?
Comment: We received comments supporting our proposal that site
remediations conducted for CERCLA Superfund and RCRA corrective action
cleanups not be subject to the final Site Remediation NESHAP. These
commenters believe that these RCRA and CERCLA cleanup programs do have
appropriate provisions which provide for the protection of public
health and the environment from air pollutants emitted from site
remediation activities on a site-specific basis. Other commenters
opposed the exclusion of these site remediations from being subject to
the final Site Remediation NESHAP because they assert that neither of
the RCRA and CERCLA programs have air emission standards for site
remediation activities and that the requirement of CAA section 112 is
to establish NESHAP for HAP emissions from these activities. Among
other things, such control could address any regulatory gaps in RCRA
and CERCLA requirements.
Response: The RCRA hazardous waste corrective action and CERCLA
Superfund programs do not establish national air standards for site
remediations. These programs, however, do have provisions which provide
for the protection of public health and the environment from air
pollutants emitted from these activities on a site-specific basis. As
we stated at proposal, the established Federal requirements provide an
appropriate and effective regulatory approach to address air emissions
from those remediation activities performed under CERCLA authority as a
remedial action or a non-time critical removal action, or under RCRA
authority at permitted or Federal Order RCRA corrective action sites.
The Superfund program is designed to protect public health and the
environment while providing the flexibility to use effective and
innovative remediation approaches that best suit the site-specific
conditions at each CERCLA site (CERCLA section 121). The Superfund
program conducts extensive evaluation of the contamination at each
CERCLA site (see 40 CFR 300.430). As part of the evaluation process, a
decision document (i.e., Record of Decision (ROD)) is developed for
response actions, documenting the extent of contamination and the
cleanup method(s) to be used at the site. Under this process, a site-
specific analysis, considering the impacts to air, soil and
groundwater, is conducted and an appropriate remedy is selected. During
the ROD process, the general public is given the opportunity for input
in the decision-making process through public hearings and submission
of written comments. The public plays an important role in identifying
and characterizing site-specific factors, such as the type of
contaminants, the level and extent of contamination and other site-
specific factors. We believe this procedure results in selection of the
best plan for cleaning up each site and achieving the program's goals.
As implemented under the requirements of RCRA, hazardous waste
treatment, storage and disposal facilities must obtain a permit
specifying requirements for managing hazardous waste. As a condition of
obtaining this permit, facilities are required to undertake corrective
action addressing releases of hazardous waste and hazardous
constituents from units at the facility which do not themselves require
RCRA permits (solid waste management units) (RCRA section 3004(u)). For
such designated contamination areas at TSDF, requirements for the
cleanup of the contamination are included in the facility's RCRA
permit, or Federal Order where applicable. Such cleanup activities are
known as ``corrective actions.'' Although RCRA is a separate program
from Superfund, the RCRA permitting or Federal Order process for TSDF
share several significant characteristics with Superfund cleanup
activities at CERCLA sites. First, it is also the intent of the RCRA
corrective action program to protect public health and the environment
while allowing flexibility in choosing solutions to eliminate or reduce
site contamination. Second, RCRA permitting and Federal Order
procedures involve the public in the decision-making process through
informal public meetings, public hearings or written comment. Finally,
an extensive site-specific evaluation is performed at the RCRA facility
to evaluate the extent of the contamination, while considering
appropriate remedies through a multi-media (i.e., air, soil,
groundwater) perspective (see 67 FR 49406 for additional explanation).
E. Why Does the Final Rule Potentially Apply to State and Voluntary
Cleanup Programs?
Comment: Many commenters requested that in addition to CERCLA
Superfund and RCRA corrective action cleanups, that other cleanups
conducted under Federal or State oversight not be subject to the final
rule, where such cleanups are conducted following CERCLA or RCRA
requirements. The commenters argued that these cleanups conducted under
State Superfund, Brownfield, voluntary cleanup, or other similar
programs are subject to emissions controls and requirements that are
substantially similar to those in the CERCLA or RCRA programs.
Response: The final Site Remediation NESHAP applies only to site
remediations that meet the three applicability conditions specified in
the final rule. We have determined that site remediations at those
sites that meet these applicability conditions warrant the
implementation of air pollution controls to reduce the emission of
organic HAP to the atmosphere. As discussed in our previous response,
we are exempting from the final rule requirements those sites that meet
the final rule applicability conditions where the site remediations are
conducted for CERCLA (Superfund) or RCRA corrective action cleanups.
This includes the site remediations in one of 39 States that the EPA
has authorized to oversee cleanups at TSDF under RCRA corrective
action. Site remediations administered under these federally-
enforceable programs address the organic HAP emissions from the site
remediations on a site-specific basis.
The overall objective of any site remediation, whether it be a
Federal required, State required, or voluntary cleanup, is to remove
the threat to human health and the environment posed by the presence of
hazardous substances in the contaminated media and wastes that can
potentially contaminate the media at the site. However, the actions
taken at a given contamination site that remove the hazardous
substances from water or soil by transferring those substances to the
air is not in the best interest of protecting human health and the
environment from exposure to these hazardous substances. Unlike CERCLA
or RCRA corrective action cleanups, State regulatory and voluntary
cleanup programs are not uniform on a national basis, any requirements
imposed on a given site remediation are not federally-
[[Page 58184]]
enforceable by the EPA, and the programs may not specifically address
site remediation air emissions. For these reasons, we cannot view these
activities as the functional equivalent of MACT, and, therefore, we
cannot justify extending the same exemption we provide for CERCLA
Superfund or RCRA corrective action cleanups to site remediations
conducted for State regulatory and voluntary cleanup programs.
Therefore, we are maintaining the applicability of the final rule to
those site remediations conducted for State regulatory and voluntary
cleanup programs where the site remediation meets the applicability
conditions specified in the final rule.
F. How Does the Final Rule Apply to Cleanups of Leaking Underground
Storage Tanks?
Comment: Many commenters agreed with the decision to modify the
site remediation source category listing to exclude remediation
activities at leaking underground storage tanks (UST) located at
gasoline service stations. However, commenters argued that because the
types, sizes and purpose of UST used for the storage of motor fuels or
heating oils at all types of commercial and industrial properties are
comparable to those located at gasoline service stations, then
remediation activities associated with any UST contamination cleanups
regardless of location also should not be subject to the Site
Remediation NESHAP.
Response: The rationale for our decision to modify description for
the site remediation source category to exclude remediation activities
from leaking UST located at gasoline service stations is based on our
estimates of the total HAP emissions from a typical cleanup of
contamination from the size and types of underground tanks commonly
used at gasoline service station sites. These estimates indicate that
the level of HAP emissions from these sites would be significantly
below the major source threshold levels (i.e., less than 10 tpy of a
single HAP or 25 tpy of all HAP) (see 67 FR 49400). Gasoline service
station sites are area sources. Site remediation was listed as a source
category for MACT standard development to address HAP emissions at
major sources where remediation technologies and practices also are
used at the site to clean up contaminated environmental media (e.g.,
soils, groundwaters, or surface waters) or other materials that pose a
reasonable potential threat to contaminate environmental media. Our
decision was not based on a determination that UST contamination
cleanups regardless of location should not be included in the site
remediation source category. Therefore, we believe that if a leaking
UST cleanup is conducted at a major source site then it is appropriate
(and indeed mandated) to require the cleanup activities comply with the
final Site Remediation NESHAP requirements.
G. How Does the Final Rule Apply to Cleanups of Radioactive Mixed
Waste?
Comment: Six commenters opposed the proposal that any site
remediation involving the cleanup of radioactive mixed waste not be
subject to the Site Remediation NESHAP. These commenters argued that
the existing Federal regulations for mixed waste are not adequately
addressing the HAP emissions from remediation activities at existing
facilities managing these types of wastes. Two commenters expressed
support for the proposal because they believe that mixed wastes are
already appropriately and protectively managed under the Atomic Energy
Act and Nuclear Waste Policy Act.
Response: Radioactive mixed wastes (RMW) are wastes that contain
radioactive materials as well as wastes listed or identified as
hazardous under RCRA. Radioactive mixed wastes must be managed
according to RCRA subtitle C regulations. In addition, these wastes are
subject to standards administered by the Nuclear Regulatory Commission
(NRC) under the Atomic Energy Act (AEA) and Nuclear Waste Policy Act
(NWPA) of 1982 that address the safe handling and disposal of
radioactive waste.
In developing the air standards under CAA authority for stationary
sources that potentially may manage wastes also subject to requirements
under other legislative authorities, we consider the management
practices required for these wastes to avoid inconsistencies between
any CAA requirements that might be established and existing
requirements under the other applicable authorities. We reviewed the
special nature of existing requirements for managing radioactive mixed
wastes with respect to requirements for the control of organic HAP
emissions we proposed to establish under the final Site Remediation
NESHAP. In certain cases, the air pollution controls used as the basis
for the standards under the final Site Remediation NESHAP are not
compatible with the NRC requirements for safe handling of radioactive
mixed wastes. For example, drums used to store radioactive mixed waste
cannot be sealed with vapor leak-tight covers because of unacceptable
pressure buildup of hydrogen gas to levels that can potentially cause
rupture of the drum or create a potentially serious explosion hazard (a
hazard which, by any commonsense measure, exceeds risk posed by
emission of organic HAP). (See Air Docket ID No. OAR-2002-0021; see
also S. Rep. No 228, 101st Cong. 1st sess. at 168 (``* * * In cases
where control strategies for two or more different pollutants are in
actual conflict, the Administrator shall apply the same principle--
maximum protection of human health shall be the objective test. * *
*'').)
The generation of hydrogen gas is a result of the radiolytic
decomposition of organic compounds (i.e., plastics) and/or aqueous
solutions within the container. Plastics are commonly used as a barrier
to alpha radiation both in handling operations and in waste packaging.
Over time, the alpha particle causes the hydrolysis of chemical bonds
within the plastic material which results in the release of hydrogen
gas. Likewise, hydrolysis of aqueous solutions will yield hydrogen.
Additionally, radiation-induced degradation and biodegradation of
organic low-exchange resin waste, which are also RMW, generated during
water treatment at nuclear facilities, can result in the production of
gaseous products (i.e., hydrogen and carbon dioxide) which in turn can
result in pressure buildup and failure of the container. Consequently,
a drum used for storage of radioactive mixed wastes must be
continuously vented through special filters in accordance with
technical guidance issued by the NRC to prevent the hydrogen
concentration in the drum from reaching dangerous levels. Because of
pressure build-up inside the container, a vent for gaseous compounds is
necessary to prevent failure of a high-integrity container (i.e., vent
designs incorporated into high integrity containers restrict the
release of radionuclides from the container into the environment while
allowing the gas to be vented). (See RCRA Docket Items F-91-CESP-00046
and F-94-CESF-S0001, which are part of the administrative record for
the final rule.)
In accordance with the Waste Isolation Pilot Plant (WIPP),
Carlsbad, New Mexico, Waste Acceptance Plan (WAP), wastes that are to
be shipped to the WIPP must be in containers that are vented to prevent
the buildup of pressure. The container vents must be filtered to ensure
that no radioactive waste components are released. For example, the
Hazardous Waste Permit for the WIPP, dated November 25, 2002, in
section M1-1d describing container management practices states on page
M1-8 ``* * * Because containers at the WIPP will contain radioactive
waste,
[[Page 58185]]
safety concerns require that containers be continuously vented to
obviate the buildup of gases within the container. These gases could
result from radiolysis, which is the breakdown of moisture by
radiation. The vents, which are nominally 0.75 in. (1.9 centimeters) in
diameter, are generally installed on or near the lids of the
containers. These vents are filtered so that gas can escape while
particulates are retained. * * *'' In addition, the permit in the
section describing the requirements for the standard transuranic mixed
waste drums states on page M1-2, ``* * * One or more filtered vents (as
described in section M1-1d) will be installed in the drum lid to
prevent the escape of any radioactive particulates and to eliminate any
potential of pressurization. * * *''
To comply with these requirements, the drum lid is punctured to
release any buildup of potentially explosive hydrogen gas and a
specially-designed, carbon composite membrane filter vent is attached.
The function of this filter vent is to retain radionuclides inside a
container while allowing hydrogen and other gases (e.g., VOC) to pass
through to the atmosphere. In particular, the carbon composite membrane
used in the filter vent does not inhibit the passing of VOC from the
container into the atmosphere.
Because it was judged an unsafe practice to store RMW drums and
other containers with tight covers, and because the WIPP Waste Analysis
Plan requires that containers be vented for shipment to the WIPP, we
determined that many Department of Energy facilities may be unable to
meet the tight cover control device criteria for containers as
specified in the proposed Site Remediation NESHAP. In addition, we were
unable to determine, if there were any available technologies that
could be applied to the RMW containers that would control organic air
emissions in a safe and cost-effective manner while also complying with
WIPP and other AEA and NWPA requirements.
Information gathered and reviewed following proposal of the Site
Remediation NESHAP does not indicate that the situation regarding the
safety issue related to storage of RMW has changed since proposal. The
potentially conflicting requirements for containers (and other storage
units) to be vented under one set of rules versus the requirements for
closed, tight fitting covers under the CAA rules remains to be
resolved. We are not aware of any available device to control organic
air emissions (such as an activated carbon filter) that can be used in
combination with the carbon composite membrane filter vent on a RMW
container. No available technologies have been identified that could be
applied to the RMW containers that would control organic air emissions
in a safe and cost-effective manner while also complying with WIPP and
other AEA and NWPA requirements. With no known controls in place on
these sources, the MACT floor for RMW sources (e.g., RMW containers)
appears to be no control beyond that already provided by the NRC and
other applicable regulations. Codifying the same level of control
already established under another regulatory authority as a MACT
standard seems a needless expenditure of resources since it would not
change existing practice or otherwise provide benefits not already
provided by the existing regulations. Therefore, we have retained in
the final rule an exemption from the air pollution control requirements
under the final Site Remediation NESHAP for remediation material
management units (e.g., tanks, containers, and surface impoundments)
managing RMW.
Although the technical information and data we have collected
support inclusion of an exemption for remediation material management
units managing RMW from the air pollution control requirements under
the final Site Remediation NESHAP, we concluded from our review of this
information that this is not the case for site remediation treatment
process vents and equipment leaks. The technical and safety concerns
for the required controls for organic emissions from containers and
tanks managing RMW are not an issue with the controls required by the
final Site Remediation NESHAP for treatment unit process vents and
equipment leaks if applied to remediation material streams that are
classified as RMW. We have not identified any conflicting regulatory
requirements that would preclude the use of air pollution controls on
these sources as is the case with tanks and containers. Also, since
1990, remediation material streams classified as RMW have been subject
to, and in compliance with, the air pollution control requirements in
the national air standards we promulgated under RCRA authority to
control total organic emissions from hazardous waste TSDF treatment
process vents (subpart AA in 40 CFR parts 264 and 265) and equipment
leaks (subpart BB in 40 CFR parts 264 and 265). The air pollution
control requirements under these RCRA air rules are the same as the
requirements for site remediation treatment process vents and equipment
leaks included in the final Site Remediation NESHAP. With demonstrated
controls in place on these treatment unit and equipment component
sources, MACT for these RMW sources (i.e., process vents and equipment
leaks) would be established at the control levels required under those
rules. Because the technical issues related to safety concerns for RMW
containers and other storage units do not apply to treatment unit
process vents and equipment leaks, we have written the final Site
Remediation NESHAP to limit the exemption to only remediation material
management units managing RMW. Remediation activities involving the
cleanup of RMW that meet the final rule applicability criteria are
subject to standards for treatment unit process vents and equipment
leaks under the final Site Remediation NESHAP.
H. How Does the Final Rule Apply to Short-Term Site Remediations at
Affected Facilities?
Comment: Commenters supported our proposal to exempt short-term
cleanups from being subject to the emissions limitations and work
practice standards but requested longer allowable cleanup intervals.
Commenters argued that the proposed 7-day initiation period from the
time the contamination occurs and 30-day cleanup period are too short
because they do not account for circumstances beyond the control of an
owner or operator which may delay discovery of the contamination or
completing the cleanup within 30 days.
Response: We reviewed our proposed regulatory language for the
exemption and concluded that the proposal does not accurately reflect
our intent. Therefore, we have written in the final rule the approach
we use to implement the exemption. This approach preserves our original
intent as to which site remediations warrant exemption as well as
addresses the concerns raised by commenters regarding the situations
when a short-term site remediation takes longer to complete than
initially planned and extends beyond the allowable time interval
because of circumstances beyond their control.
The purpose of the final Site Remediation NESHAP is to control
organic HAP emissions released to the atmosphere during site
remediations. Organic HAP emissions from in-situ treatment processes
primarily occur when an air or gas stream from the remediation process
is exhausted to the atmosphere. Organic HAP emissions can be released
from extraction or excavation of contaminated material and the
subsequent handling, treatment, and disposal of these materials. The
[[Page 58186]]
emissions do not occur prior to the time that these remediation
activities actually start.
We recognize that activities necessary to plan, arrange, and
schedule the site remediation may take more than 30 days. Also, we
recognize that there may be delays in starting the site remediation due
to circumstances beyond the control of a site owner or operator such as
waiting for necessary permit approvals from a State or local agency, or
scheduling of personnel or equipment contracted to complete the cleanup
work.
Furthermore, a site remediation does not occur until a source of
actual or potential hazardous substance contamination is discovered. In
many cases, when the contamination is discovered may not be the same
time that the contamination occurs. For example, the new owner or
operator of a site may discover a contaminated source requiring
remediation that occurred years earlier due to improper practices of
the previous site owner. We recognize that in many situations it is
difficult, if not impossible, for facility owners and operators, as
well as enforcement personnel, to verify whether a given site
remediation is initiated within 7 days of the contamination occurring.
Therefore, we decided to eliminate any conditional requirements for the
exemption related to when the contamination occurred. Instead, it is
more appropriate and practical to base the time limit for the short-
term exemption on the period that the on site work is performed for
those activities with the actual potential to emit HAP.
For the final Site Remediation NESHAP, we adopted the approach of
exempting short-term site remediations that can be completed within a
given number of consecutive calendar days as determined from the day
that any action is first initiated that removes, destroys, degrades,
transforms, immobilizes, or otherwise manages the remediation
materials. In adopting this approach, we exclude those activities that
need to be completed to perform a site remediation but are not
responsible for the generation of HAP emissions from site remediations,
namely: activities required to characterize the type and extent of the
contamination by collecting and analyzing samples, to obtain any
permits required by State or local authorities to conduct the site
remediation, to schedule workers and necessary equipment, and to
arrange for any contractor assistance in performing the site
remediation.
Given our revised regulatory approach for the short-term site
remediation exemption, we re-evaluated the maximum time interval
appropriate for the exemption. We proposed a maximum time interval of
30 days for the exemption. This proposed time interval included time to
complete those sampling, planning, and scheduling activities that
needed to perform a site remediation but are not part of the physical
activities which cause HAP to be emitted at the cleanup site. Under the
final rule, the exemption is based on the time interval required to
complete only those remediation activities that actually emit or have a
potential to emit HAP. We believe that the physical part of the site
remediations we intend for this exemption to apply can reasonably be
completed within a period much shorter than 30 days (e.g., 1 week, 14
days). However, there are situations where a remediation at a
particular site which normally should be completed within these shorter
periods cannot be due to factors beyond the control of the owner or
operator that curtail or delay the remediation activities (such as
severe weather or machinery breakdowns). Therefore, we decided that
selecting a maximum time interval of 30 days for the exemption will
allow a sufficient period to complete the types of cleanups we intend
for this exemption to apply to and to provide a reasonable amount of
leeway to account for any unforeseen circumstances that may develop at
a site.
Finally, it is our intention that the short-term exemption only be
applicable to those site remediations for which the cleanup of the
entire contaminated area at the site can be completed within 30
consecutive days. The exemption is not intended to be used for longer
term cleanups of contaminated areas whereby the remediation activities
at the site are started, stopped, and then re-started in a series of
intervals with durations less than 30 days per interval for which the
total time of all of the intervals required to complete the site
remediation exceeds a total of 30 days.
I. How Does the Final Rule Apply to Remediation Materials Sent Off-Site
From Affected Facilities?
Comment: Commenters opposed the proposed rule requirements on the
transfer of remediation material to another party or site. The
commenters asserted that proposed requirements are unnecessarily
burdensome on both the shipping and receiving parties. Furthermore,
requiring owners and operators to submit a written certification of
intent to comply with the final rule adds paperwork with little or no
environmental or health benefit. The requirements also have the
potential to be an especially burdensome task for the off-site facility
that are now an area source.
Response: The objective of a site remediation is to mitigate a
detected risk to public health or the environment by successfully
completing the cleanup of an area contaminated by a hazardous
substance. At many remediation sites, the contaminated material is
excavated or extracted and then shipped to another site for treatment
or disposal. Simply moving contaminated material containing organic HAP
from the cleanup site to another site across town or in another
community does not address the potential for these HAP to be emitted to
the air and, subsequently, pose a risk to public health or the
environment. It merely transfers the risk to another locale. Nor does
such a practice reflect the maximum emission reduction achievable, as
required by CAA section 112(d)(2) and (3). Thus, there is a need to
ensure that those remediation materials with the potential to emit
organic HAP are managed and treated in units using appropriate air
pollution controls regardless of where those units are located. To
address this need, we are including in the final Site Remediation
NESHAP the requirement that remediation material transferred to another
party or shipped to another facility must be managed according to the
air pollution control requirements specified in the final rule.
We believe that the transfer provision under the final Site
Remediation NESHAP does not establish requirements that are burdensome
on either the remediation material shipping or receiving parties. We
expect that, for many of those situations where a remediation material
is subject to the off-site transfer requirements under the final rule,
the material will be sent to a facility that is already complying with
subpart DD in 40 CFR part 63 or a hazardous waste TSDF already
complying with the RCRA air standards under subparts AA, BB, and CC of
40 CFR part 264 or 265. The air pollution control requirements under
subpart DD in 40 CFR part 63 and RCRA TSDF air rules are effectively
the same as those required under the final Site Remediation NESHAP.
Consequently, it is likely that many, if not all, of the sites
receiving the types of remediation materials subject to the off-site
transfer requirements will already be using the necessary air pollution
controls to comply with these other CAA and RCRA air rules. Thus, the
off-site transfer requirements in the final Site Remediation NESHAP
should not impose a need for these sites to
[[Page 58187]]
purchase and install new air pollution controls.
While off-site waste and recovery operations and hazardous waste
TSDF already should be properly equipped to receive and manage
remediation materials from cleanup sites subject to the final Site
Remediation NESHAP, there are no existing rules requiring all owners
and operators performing cleanups of contaminated materials containing
organic HAP to ship the remediation materials to such facilities. It is
possible that there are special circumstances where remediation
material is transferred to a facility other than a facility subject to
subpart DD under 40 CFR part 63 or a hazardous waste TSDF. We also must
address the potential for circumvention of the final rule's purpose at
a site where the remediation material is simply excavated or extracted
and then intentionally transferred outside the site's legal boundaries
to avoid having to use air pollution controls. Thus, the level of
control reflecting MACT provided by subpart DD under 40 CFR part 63
(and the corresponding RCRA subtitle C rules for air emissions) is not
necessarily being provided for all remediation waste transfer
operations, so a MACT standard would not merely duplicate existing
regulatory requirements. In those cases where an off-site facility is
receiving remediation material subject to regulation by the final Site
Remediation NESHAP, but units at the facility currently are not using
the air pollution controls required by the final Site Remediation
NESHAP, the facility owner or operator has the option of declining to
accept the remediation material from the cleanup site or installing the
required air pollution controls on just those units that manage the
remediation material.
While it is essential that the off-site transfer provision be
included in the final Site Remediation NESHAP to ensure remediation
materials from cleanup sites subject to the final rule are managed and
treated in units using appropriate air pollution controls regardless of
the units' location, we have reviewed the proposed recordkeeping,
certification, and notification requirements associated with the off-
site transfer provision. We can simplify the administrative
requirements for the facility owners and operators and still
effectively implement and enforce the off-site transfer provision.
Therefore, we have written the final rule to simplify the recordkeeping
and certification requirements for both owners and operators of
facilities shipping as well as receiving the remediation materials.
Finally, the off-site transfer provision is not intended to trigger
a title V permitting requirement for the owner or operator of a
facility that currently is an area source. To address this situation,
we have added in the final rule an explicit provision stating that the
acceptance by a facility owner or operator of remediation material from
remediation site subject to the final Site Remediation NESHAP does not,
by itself, require the facility owner or operator to obtain a title V
permit.
IV. Summary of Environmental, Energy, and Economic Impacts
We prepared estimates of the environmental, energy, and economic
impacts for the proposed rule based on the best information available
to us including remediation waste quantity and treatment practice data
for the year 1997 and earlier. No new information or data applicable to
the impact estimates were provided by commenters on the proposed rule.
Since proposal we have reviewed our data sources to determine the
availability of additional information to update and supplement our
original database used for the impact estimates. We concluded that our
original database remains the best available source of information
available to us for estimating impacts for the final rule.
Furthermore, the changes made since proposal for the final rule do
not change any of the assumptions we made for our original impact
estimates. Therefore, our impact estimates for the proposed rule remain
valid and applicable for the final rule. These impact estimates are
summarized below.
A. What Are the Air Emission Impacts?
We estimated nationwide organic HAP emissions from the site
remediations potentially subject to the final rule to be approximately
1,140 Mg/yr. Nationwide VOC emissions from regulated sources are
estimated to be approximately 7,360 Mg/yr. (Although not all VOC are
organic HAP, we may permissibly note the air benefits from controlling
non-HAP pollutants such as VOC when considering a MACT standard. See S.
Rep. 101-228, 101st Cong. 1st sess. 172). We estimate that
implementation of the final rule will reduce these nationwide air
emissions by approximately 50 percent to 570 Mg/yr of HAP and 3,680 Mg/
yr of VOC.
B. What Are the Cost Impacts?
The nationwide total capital investment cost and the annual
operating cost of the control equipment required to comply with the
final rule are estimated to be approximately $18 million and $6 million
per year, respectively. When fully implemented, the final rule is
estimated to result in a total annual cost of approximately $9 million
per year.
C. What Are the Economic Impacts?
The final rule will affect certain owners and operators of
facilities that are major sources of HAP emissions and at which a site
remediation is conducted to clean up soils, groundwaters, surface
waters, or certain other materials contaminated with one or more of the
organic HAP listed in the final rule. Because of the nature of
activities regulated by the source category, a comprehensive list of
NAICS codes cannot be compiled for businesses or facilities potentially
regulated by the final rule. As a result, the economic impact analyses
focused on a set of industries from the 1997 Biennial Reporting System
(BRS) database that were known to be large quantity generators of
hazardous waste and who were remediating hazardous waste as part of a
site remediation. The data provides an adequate overview of the
potential impacts of the final rule. However, we recognize that the
actual industries directly impacted by the final rule in the year the
final rule is implemented and the costs incurred by these industries
may differ somewhat from the set of industries identified in the 1997
BRS data and the costs assigned to these industries for the purposes of
the economic analysis.
In general, we did not find evidence of significant impacts at the
industry level. From the BRS data, over 80 industries were predicted to
have annual compliance costs as a result of the final rule, and 15
industries accounted for 91 percent of the national compliance cost
estimate. We used an engineering or financial analysis to estimate
impacts, which takes the form of the ratio of compliance costs to the
value of sales (cost-to-sales ratio (CSR)). We calculated CSR for 12
industries and found all had CSR below 0.02 percent. The CSR are less
than the lower quartile return on sales for all industries with
profitability data available. We did not compute CSR for the remaining
three industries because revenue data were not available.
The CSR will likely overstate the impact on firms and understate
the impact on consumers. The CSR assumes that there are no changes in
the market as a result of the higher costs of production faced by the
firms and that the firms continue to produce the same quantities, sell
at the same price and absorb the full amount of the compliance costs.
[[Page 58188]]
Small business impacts were particularly difficult to assess
because of the uncertainty over the facilities that actually will be
impacted by the final rule. As a result, we concluded that sufficient
data and related information did not exist to conduct a small business
screening analysis.
D. What Are the Non-Air Health, Environmental and Energy Impacts?
Compliance with the standards in the final rule requires using
types of control equipment commonly in use to control organic emissions
from process sources at many of the industrial facilities at which site
remediations are most likely to occur. The non-air environmental and
energy impacts associated with implementing the requirements of the
final rule primarily are expected to result from the operation of these
control devices. No significant adverse water, solid waste, or energy
impacts are expected as a result of the final rule.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines a ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the final rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866, and is,
therefore, not subject to OMB review.
B. Paperwork Reduction Act
The information collection requirements in the final rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection requirements are not enforceable until OMB
approves them.
The information to be collected for the final Site Remediation
NESHAP are based on notification, recordkeeping, and reporting
requirements in the NESHAP General Provisions in 40 CFR part 63,
subpart A), which are mandatory for all operators subject to national
emission standards. These recordkeeping and reporting requirements are
specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All
information submitted to the EPA pursuant to the recordkeeping and
reporting requirements for which a claim of confidentiality is made is
safeguarded according to EPA policies set forth in 40 CFR part 2,
subpart B.
The final rule requires maintenance inspections of the control
devices but would not require any notifications or reports beyond those
required by the General Provisions in subpart A to 40 CFR part 63. The
recordkeeping requirements require only the specific information needed
to determine compliance.
The annual projected burden for this information collection to
owners and operators of affected sources subject to the final rule
(averaged over the first 3 years after the effective date of the
promulgated rule) is estimated to be 341,737 labor-hours per year, with
a total annual cost of $17.7 million per year. These estimates include
a one-time performance test and report (with repeat tests where
needed), one-time submission of an SSMP with semiannual reports for any
event when the procedures in the plan were not followed, semiannual
compliance reports, maintenance inspections, notifications, and
recordkeeping. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in the
final rule.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule. For
purposes of assessing the impacts of today's rule on small entities,
small entity is defined as: (1) A small business as defined by the
Small Business Administrations' regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's final rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
The final Site Remediation NESHAP sets minimum air standards under
authority of the CAA to control HAP emissions to be met if a facility
owner or operator conducts a site remediation subject to the final
rule. The final rule places no requirement on any facility owner or
operator to initiate site remediation activities. The duty for an owner
or operator to conduct a site remediation is established under RCRA,
CERCLA, State, or other regulatory authorities. Given that States and
other parties often decide whether site remediation activities are to
be conducted at a given facility, it is extremely difficult, if not
impossible, for us to predict how many or what types of small entities
will undertake such site remediation activities and in which cases
these activities will be subject to the final Site Remediation NESHAP.
While we cannot predict the exact number or types of small entities
that will be subject to the final Site Remediation NESHAP, we have
structured the final rule applicability conditions and threshold levels
to minimize any impacts on those small businesses that do conduct site
[[Page 58189]]
remediations. The final rule only applies to those site remediations
conducted at a facility that is both a major source of HAP emissions
(as defined in CAA section 112) and where there are other non-
remediation stationary sources at the facility that meet one of the
affected source definition specified for a source category which is
regulated by another subpart under 40 CFR part 63. The facilities that
meet these applicability conditions tend to be large businesses.
Furthermore, types of site remediations typically expected to occur
at small businesses are not subject to the final Site Remediation
NESHAP. For example, we specifically exclude from the final rule
applicability those site remediations to clean up contamination
resulting from leaking underground storage tanks at a gasoline service
station, farm, or residential site (remediation activities at these
sites were found not to exceed the threshold HAP emission levels
required to be designated a major source). Also, we expect that the
applicable thresholds for those site remediations required to use air
pollution controls under the final Site Remediation NESHAP apply to
few, if any, facilities that are small businesses. For example, use of
air pollution controls are not required under the final rule for those
site remediations that physically can be completed within 30 days or
for which total quantity of organic HAP contained in the extracted
remediation material is less than 1 Mg.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-
effective, or least-burdensome alternative that achieves the objectives
of the final rule. The provisions of section 205 do not apply when they
are inconsistent with applicable law. Moreover, section 205 allows the
EPA to adopt an alternative other than the least-costly, most cost-
effective, or least-burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that the final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of the
final rule for any year has been estimated to be about $24 million.
Thus, the final rule is not subject to the requirements of sections 202
and 205 of the UMRA. In addition, the EPA has determined that the final
rule contains no regulatory requirements that might significantly or
uniquely affect small governments because it contains no requirements
that apply to such governments or impose obligations upon them.
Therefore, the final rule is not subject to the requirements of section
203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
The final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, the requirements of
section 6 of the Executive Order do not apply to the final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires us
to develop ``an accountable process to ensure meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.''
We have concluded that the final Site Remediation NESHAP may have
tribal implications since the types of site remediation activities
subject to the final rule potentially could be conducted on tribal
lands. However, we are not aware of any specific remediation activities
on tribal lands presently being conducted that would be subject to the
final rule. If a site remediation subject to the final rule is
initiated on tribal lands in the future, it will neither impose
substantial direct compliance costs on tribal governments, nor preempt
Tribal law. Thus, the requirements of sections 5(b) and 5(c) of the
Executive Order do not apply to the final rule.
In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and tribal governments, we
nonetheless made attempts to invite tribal representatives to
participate in the rulemaking activities early in the process of
developing the final rule to permit them to have meaningful and timely
input into its development. We contacted tribal representatives and
groups directly to notify them of the final rule development activity
and to solicit their participation. At proposal, we specifically
requested comment on the proposed rule from tribal officials. No tribal
representatives requested to participate in the rulemaking process, and
we received no comments on the proposed rule from any tribal
government.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of
[[Page 58190]]
the planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. No children's risk
analysis was performed because no alternative technologies exist that
would provide greater stringency at a reasonable cost. Furthermore, the
final rule has been determined not to be ``economically significant''
as defined under Executive Order 12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The final rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Public Law No. 104-113; 15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in their
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to the
Office of Management and Budget (OMB), with explanations when an agency
does not use available and applicable voluntary consensus standards.
The final rule involves technical standards. The EPA cites the
following standards in the final rule: EPA Methods 1, 1A, 2, 2A, 2C,
2D, 3, 4, 9, 18 (total organic HAP or total organic compounds), 21, 22,
25, 25A, 25D, 25E, 27, 305, 316 of 40 CFR part 60 appendix A, and
Method 9095A in SW 846, ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods.'' Consistent with the NTTAA, the EPA
conducted searches to identify voluntary consensus standards in
addition to these EPA methods. No applicable voluntary consensus
standards were identified for EPA Methods 1A, 2A, 2D, 9, 21, 22, 25D,
25E, 27, 305, 316, and SW 846 Method 9095A. The search and review
results have been documented and are placed in the docket (Docket ID
No. OAR-2002-0021) for the final rule.
The search for emissions measurement procedures identified 10 other
voluntary consensus standards. The EPA determined that eight of these
10 standards identified for measuring emissions of the HAP or
surrogates subject to emission standards in the final rule were
impractical alternatives to EPA test methods for the purposes of the
final rule. Therefore, EPA does not intend to adopt these standards for
this purpose. (See Docket ID No. OAR 2002-0021.)
Sections 63.7940 through 63.7944 to the final Site Remediation
NESHAP specify the EPA testing methods to be used for demonstrating
compliance with the final rule requirements. Under Sec. Sec. 63.7(f)
and 63.8(f) of subpart A of the General Provisions, a source may apply
to EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any of the EPA testing methods,
performance specifications, or procedures.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Act of 1996, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. The EPA will submit a report containing the final rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the final rule in the Federal Register. The final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: August 20, 2003.
Marianne Lamont Horinko,
Acting Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63,
of the Code of the Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Part 63 is amended by adding subpart GGGGG to read as follows:
Subpart GGGGG--National Emission Standards for Hazardous Air
Pollutants: Site Remediation
Sec.
What This Subpart Covers
63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What site remediation sources at my facility does this
subpart affect?
63.7883 When do I have to comply with this subpart?
General Standards
63.7884 What are the general standards I must meet for each site
remediation with affected sources?
63.7885 What are the general standards I must meet for my affected
process vents?
63.7886 What are the general standards I must meet for my affected
remediation material management units?
63.7887 What are the general standards I must meet for my affected
equipment leak sources?
63.7888 How do I implement this rule at my facility using the cross-
referenced requirements in other subparts?
Process Vents
63.7890 What emissions limitations and work practice standards must
I meet for process vents?
63.7891 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for process vents?
63.7892 What are my inspection and monitoring requirements for
process vents?
63.7893 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for process vents?
Tanks
63.7895 What emissions limitations and work practice standards must
I meet for tanks?
63.7896 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for tanks?
63.7897 What are my inspection and monitoring requirements for
tanks?
63.7898 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for tanks?
Containers
63.7900 What emissions limitations and work practice standards must
I meet for containers?
63.7901 How do I demonstrate initial compliance with the emissions
[[Page 58191]]
limitations and work practice standards for containers?
63.7902 What are my inspection and monitoring requirements for
containers?
63.7903 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for containers?
Surface Impoundments
63.7905 What emissions limitations and work practice standards must
I meet for surface impoundments?
63.7906 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for surface impoundments?
63.7907 What are my inspection and monitoring requirements for
surface impoundments?
63.7908 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for surface
impoundments?
Separators
63.7910 What emissions limitations and work practice standards must
I meet for separators?
63.7911 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for separators?
63.7912 What are my inspection and monitoring requirements for
separators?
63.7913 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for separators?
Transfer Systems
63.7915 What emissions limitations and work practice standards must
I meet for transfer systems?
63.7916 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for transfer systems?
63.7917 What are my inspection and monitoring requirements for
transfer systems?
63.7918 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for transfer
systems?
Equipment Leaks
63.7920 What emissions limitations and work practice standards must
I meet for equipment leaks?
63.7921 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for equipment leaks?
63.7922 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for equipment
leaks?
Closed Vent Systems and Control Devices
63.7925 What emissions limitations and work practice standards must
I meet for closed vent systems and control devices?
63.7926 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for closed vent systems and
control devices?
63.7927 What are my inspection and monitoring requirements for
closed vent systems and control devices?
63.7928 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for closed vent
systems and control devices?
General Compliance Requirements
63.7935 What are my general requirements for complying with this
subpart?
63.7936 What requirements must I meet if I transfer remediation
material off-site to another facility?
63.7937 How do I demonstrate initial compliance with the general
standards?
63.7938 How do I demonstrate continuous compliance with the general
standards?
Performance Tests
63.7940 By what date must I conduct performance tests or other
initial compliance demonstrations?
63.7941 How do I conduct a performance test, design evaluation, or
other type of initial compliance demonstration?
63.7942 When must I conduct subsequent performance tests?
63.7943 How do I determine the average VOHAP concentration of my
remediation material?
63.7944 How do I determine the maximum HAP vapor pressure of my
remediation material?
Continuous Monitoring Systems
63.7945 What are my monitoring installation, operation, and
maintenance requirements?
63.7946 How do I monitor and collect data to demonstrate continuous
compliance?
63.7947 What are my monitoring alternatives?
Notifications, Reports, and Records
63.7950 What notifications must I submit and when?
63.7951 What reports must I submit and when?
63.7952 What records must I keep?
63.7953 In what form and how long must I keep my records?
Other Requirements and Information
63.7955 What parts of the General Provisions apply to me?
63.7956 Who implements and enforces this subpart?
63.7957 What definitions apply to this subpart?
Tables to Subpart GGGGG of Part 63
Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air
Pollutants
Table 2 to Subpart GGGGG of Part 63-- Control Levels as Required by
Sec. 63.7895(a) for Tanks Managing Remediation Material with a
Maximum HAP Vapor Pressure Less Than 76.6 kPa
Table 3 to Subpart GGGGG of Part 63--Applicability of General
Provisions to Subpart GGGGG
What This Subpart Covers
Sec. 63.7880 What is the purpose of this subpart?
This subpart establishes national emissions limitations and work
practice standards for hazardous air pollutants (HAP) emitted from site
remediation activities. This subpart also establishes requirements to
demonstrate initial and continuous compliance with the emissions
limitations and work practice standards.
Sec. 63.7881 Am I subject to this subpart?
(a) This subpart applies to you if you own or operate a facility at
which you conduct a site remediation, as defined in Sec. 63.7957; and
this site remediation, unless exempted under paragraph (b) or (c) of
this section, meets all three of the following conditions specified in
paragraphs (a)(1) through (3) of this section.
(1) Your site remediation cleans up a remediation material, as
defined in Sec. 63.7957.
(2) Your site remediation is co-located at your facility with one
or more other stationary sources that emit HAP and meet an affected
source definition specified for a source category that is regulated by
another subpart under 40 CFR part 63. This condition applies regardless
whether or not the affected stationary source(s) at your facility is
subject to the standards under the applicable subpart(s).
(3) Your facility is a major source of HAP as defined in Sec.
63.2. A major source emits or has the potential to emit any single HAP
at the rate of 10 tons (9.07 megagrams) or more per year of any HAP or
any combination of HAP at a rate of 25 tons (22.68 megagrams) or more
per year. All emissions of HAP from every source at your facility
(i.e., both the site remediation activity and all other facility
activities) must be considered in making this calculation.
(b) You are not subject to this subpart if your site remediation
qualifies for any of one of the exemptions listed in paragraphs (b)(1)
through (6) of this section.
(1) Your site remediation is not subject to this subpart if the
site remediation only cleans up material that does not contain any of
the HAP listed in Table 1 of this subpart.
(2) Your site remediation is not subject to this subpart if the
site remediation will be performed under the authority of the
Comprehensive Environmental Response and Compensation Liability Act
(CERCLA) as a remedial action or a non time-critical removal action.
(3) Your site remediation is not subject to this subpart if the
site
[[Page 58192]]
remediation will be performed under a Resource Conservation and
Recovery Act (RCRA) corrective action conducted at a treatment, storage
and disposal facility (TSDF) that is either required by your permit
issued by either the U.S. Environmental Protection Agency (EPA) or a
State program authorized by the EPA under RCRA section 3006; required
by orders authorized under RCRA; or required by orders authorized under
RCRA section 7003.
(4) Your site remediation is not subject to this subpart if the
site remediation is conducted at a gasoline service station to clean up
remediation material from a leaking underground storage tank.
(5) Your site remediation is not subject to this subpart if the
site remediation is conducted at a farm or residential site.
(6) Your site remediation is not subject to this subpart if the
site remediation is conducted at a research and development facility
that meets the requirements under Clean Air Act (CAA) section
112(c)(7).
(c) Your site remediation is not subject to this subpart, except
for the recordkeeping requirements specified in this paragraph, if the
site remediation meets the all of the conditions in paragraphs (c)(1)
through (3) of this section.
(1) Before beginning the site remediation, you determine for the
remediation material that you will excavate, extract, pump, or
otherwise remove during your site remediation that the total quantity
of the HAP listed in Table 1 of this subpart which is contained in the
material is less than 1 megagram per year (Mg/yr).
(2) You prepare and maintain at your facility written documentation
to support your determination of the total HAP quantity used to
demonstrate compliance with paragraph (c)(1) of this section. This
documentation must include a description of your methodology and data
you used for determining the total HAP content of the material.
(3) This exemption may be applied to more than one site remediation
at your facility provided that the total quantity of the HAP listed in
Table 1 of this subpart for all of your site remediations exempted
under this provision is less than 1 Mg/yr.
(d) Your site remediation is not subject to the requirements of
this subpart if all remediation activities at your facility subject to
this subpart are completed and you have notified the Administrator in
writing that all remediation activities subject to this subpart are
completed. You must maintain records of compliance, in accordance with
Sec. 63.7953, for each remediation activity that was subject to this
subpart. All future remediation activity meeting the applicability
criteria in this section must comply with the requirements of this
subpart.
Sec. 63.7882 What site remediation sources at my facility does this
subpart affect?
(a) This subpart applies to each new, reconstructed, or existing
affected source for your site remediation as designated by paragraphs
(a)(1) through (3) of this section.
(1) Process vents. The affected source is the entire group of
process vents associated with the in-situ and ex-situ remediation
processes used at your site to remove, destroy, degrade, transform, or
immobilize hazardous substances in the remediation material subject to
remediation. Examples of such in-situ remediation processes include,
but are not limited to, soil vapor extraction and bioremediation
processes. Examples of such ex-situ remediation processes include but
are not limited to, thermal desorption, bioremediation, and air
stripping processes.
(2) Remediation material management units. Remediation material
management unit means a tank, surface impoundment, container, oil-water
separator, organic-water separator, or transfer system, as defined in
Sec. 63.7957, and is used at your site to manage remediation material.
The affected source is the entire group of remediation material
management units used for the site remediations at your site. For the
purpose of this subpart, a tank or container that is also equipped with
a vent that serves as a process vent, as defined in Sec. 63.7957, is
not a remediation material management unit, but instead this unit is
considered to be a process vent affected source under paragraph (a)(1)
of this section.
(3) Equipment leaks. The affected source is the entire group of
equipment components (pumps, valves, etc.) used to manage remediation
materials and meeting both of the conditions specified in paragraphs
(a)(3)(i) and (ii) of this section. If either of these conditions do
not apply to an equipment component, then that component is not part of
the affected source for equipment leaks.
(i) The equipment component contains or contacts remediation
material having a concentration of total HAP listed in Table 1 of this
subpart equal to or greater than 10 percent by weight.
(ii) The equipment component is intended to operate for 300 hours
or more during a calendar year in remediation material service, as
defined in Sec. 63.7957.
(b) Each affected source for your site is existing if you commenced
construction or reconstruction of the affected source before July 30,
2002.
(c) Each affected source for your site is new if you commenced
construction or reconstruction of the affected source on or after July
30, 2002. An affected source is reconstructed if it meets the
definition of reconstruction in Sec. 63.2.
Sec. 63.7883 When do I have to comply with this subpart?
(a) If you have an existing affected source, you must comply with
each emission limitation, work practice standard, and operation and
maintenance requirement in this subpart that applies to you no later
than October 9, 2006.
(b) If you have a new affected source that manages remediation
material other than a radioactive mixed waste as defined in Sec.
63.7957, then you must meet the compliance date specified in paragraph
(b)(1) or (2) of this section, as applicable to your affected source.
(1) If the affected source's initial startup date is on or before
October 8, 2003, you must comply with each emission limitation, work
practice standard, and operation and maintenance requirement in this
subpart that applies to you by October 8, 2003.
(2) If the affected source's initial startup date is after October
8, 2003, you must comply with each emission limitation, work practice
standard, and operation and maintenance requirement in this subpart
that applies to you upon initial startup.
(c) If you have a new affected source that manages remediation
material that is a radioactive mixed waste as defined in Sec. 63.7957,
then you must meet the compliance date specified in paragraph (c)(1) or
(2) of this section, as applicable to your affected source.
(1) If the affected source's initial startup date is on or before
October 8, 2003, you must comply with each emission limitation, work
practice standard, and operation and maintenance requirement in this
subpart that applies to you no later than October 9, 2006.
(2) If the affected source's initial startup date is after October
8, 2003, you must comply with each emission limitation, work practice
standard, and operation and maintenance requirement in this subpart
that applies to you upon initial startup.
(d) If your facility is an area source that increases its emissions
or its potential to emit such that it becomes a
[[Page 58193]]
major source of HAP as defined in Sec. 63.2, then you must meet the
compliance dates specified in paragraphs (d)(1) and (2) of this
section.
(1) For each source at your facility that is a new affected source
subject to this subpart, you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you upon initial startup.
(2) For all other affected sources subject to this subpart, you
must comply with each emission limitation, work practice standard, and
operation and maintenance requirement in this subpart that applies to
you no later than 3 years after your facility becomes a major source.
(e) You must meet the notification requirements, according to the
schedule applicable to your facility, as specified in Sec. 63.7950 and
in 40 CFR part 63, subpart A. Some of the notifications must be
submitted before you are required to comply with the emissions
limitations and work practice standards in this subpart.
General Standards
Sec. 63.7884 What are the general standards I must meet for each site
remediation with affected sources?
(a) For each site remediation with affected sources designated
under Sec. 63.7882, you must meet the standards specified in
Sec. Sec. 63.7885 through 63.7953, as applicable to your affected
sources, unless your site remediation meets the requirements for an
exemption under paragraph (b) of this section.
(b) A site remediation that is completed within 30 consecutive
calendar days according to the conditions in paragraphs (b)(1) and (2)
of this section is not subject to the standards under paragraph (a) of
this section. This exemption cannot be used for a site remediation
involving the staged or intermittent cleanup of remediation material
whereby the remediation activities at the site are started, stopped,
and then re-started in a series of intervals with durations less than
30-days per interval for which the total time of all of the intervals
required to complete the site remediation exceeds a total of 30 days.
(1) The 30-day period for a site remediation is determined from the
first day that any action is initiated that removes, destroys,
degrades, transforms, immobilizes, or otherwise manages the remediation
materials. The end of a site remediation is determined by the last day
on which treatment or disposal of the remediation materials from the
cleanup is completed. The following activities, when completed before
beginning this initial action, are not counted as part of the 30-day
period: activities to characterize the type and extent of the
contamination by collecting and analyzing samples, activities to obtain
permits from Federal, State, or local authorities to conduct the site
remediation, activities to schedule workers and necessary equipment,
and activities to arrange for contractor or third party assistance in
performing the site remediation.
(2) You must prepare and maintain at your facility written
documentation describing the exempted site remediation, and listing the
initiation and completion dates for the site remediation.
Sec. 63.7885 What are the general standards I must meet for my
affected process vents?
(a) For the process vents that comprise the affected source
designated under Sec. 63.7882, you must select and meet the
requirements under one of the options specified in paragraph (b) of
this section.
(b) For each affected process vent, except as exempted under
paragraph (c) of this section, you must meet one of the options in
paragraphs (b)(1) through (3) of this section.
(1) You control HAP emissions from the affected process vents
according to the standards specified in Sec. Sec. 63.7890 through
63.7893.
(2) You determine for the remediation material treated or managed
by the process vented through the affected process vents that the
average total volatile organic hazardous air pollutant (VOHAP)
concentration, as defined in Sec. 63.7957, of this material is less
than 10 parts per million by weight (ppmw). Determination of the VOHAP
concentration is made using the procedures specified in Sec. 63.7943.
(3) If the process vent is also subject to another subpart under 40
CFR part 61 or 40 CFR part 63, you control emissions of the HAP listed
in Table 1 of this subpart from the affected process vent in compliance
with the standards specified in the applicable subpart. This means you
are complying with all applicable emissions limitations and work
practice standards under the other subpart (e.g., you install and
operate the required air pollution controls or have implemented the
required work practice to reduce HAP emissions to levels specified by
the applicable subpart). This provision does not apply to any exemption
of the affected source from the emissions limitations and work practice
standards allowed by the other applicable subpart.
(c) A process vent that meets the exemption requirements in
paragraphs (c)(1) and (2) of this section is exempted from the
requirements in paragraph (b) of this section.
(1) The process vent stream exiting the process vent meets the
conditions in either paragraph (c)(1)(i) or (ii) of this section.
(i) The process vent stream flow rate is less than 0.005 cubic
meters per minute (m\3\/min) at standard conditions (as defined in 40
CFR 63.2); or
(ii) The process vent stream flow rate is less than 6.0 m\3\/min at
standard conditions (as defined in 40 CFR 63.2) and the total
concentration of HAP listed in Table 1 of this subpart is less than 20
parts per million by volume (ppmv).
(2) You must demonstrate that the process vent stream meets the
applicable exemption conditions in paragraph (c)(1) of this section
using the procedures specified in Sec. 63.694(m). You must prepare and
maintain documentation at your facility to support your determination
of the process vent stream flow rate. This documentation must include
identification of each process vent exempted under this paragraph and
the test results used to determine the process vent stream flow rate
and total HAP concentration, as applicable to the exemption conditions
for your process vent. You must perform a new determination of the
process vent stream flow rate and total HAP concentration, as
applicable to the exemption conditions for your process vent, whenever
changes to operation of the unit on which the process vent is used
could cause the process vent stream conditions to exceed the maximum
limits of the exemption.
Sec. 63.7886 What are the general standards I must meet for my
affected remediation material management units?
(a) For each remediation material management unit that is part of
an affected source designated by Sec. 63.7882, you must select and
meet the requirements under one of the options specified in paragraph
(b) of this section except for those remediation material management
units exempted under paragraph (c) or (d) of this section.
(b) For each affected remediation material management unit, you
must meet one of the options in paragraphs (b)(1) through (4) of this
section.
(1) You control HAP emissions from the affected remediation
material management unit according to the standards specified in
paragraphs (b)(1)(i) through (v) of this section, as applicable to the
unit.
[[Page 58194]]
(i) If the remediation material management unit is a tank, then you
control HAP emissions according to the standards specified in
Sec. Sec. 63.7895 through 63.7898.
(ii) If the remediation material management unit is a container,
then you control HAP emissions according to the standards specified in
Sec. Sec. 63.7900 through 63.7903.
(iii) If the remediation material management unit is a surface
impoundment, then you control HAP emissions according to the standards
specified in Sec. Sec. 63.7905 through 63.7908.
(iv) If the remediation material management unit is a oil-water or
organic-water separator, then you control HAP emissions according to
the standards specified in Sec. Sec. 63.7910 through 63.7913.
(v) If the remediation material management unit is a transfer
system, then you control HAP emissions according to the standards
specified in Sec. Sec. 63.7915 through 63.7918.
(2) You determine for the remediation material placed in the
remediation material management unit that the average total VOHAP
concentration, as defined in Sec. 63.7957, of this material is less
than 500 ppmw. Determination of the total VOHAP concentration is made
based on the remediation material composition at the point-of-
extraction, as defined in Sec. 63.7957, using the procedures specified
in Sec. 63.7943.
(3) If the remediation material management unit is also subject to
another subpart under 40 CFR part 61 or 40 CFR part 63, you control
emissions of the HAP listed in Table 1 of this subpart from the
affected remediation material management unit in compliance with the
standards specified in the applicable subpart. This means you are
complying with all applicable emissions limitations and work practice
standards under the other subpart (e.g., you install and operate the
required air pollution controls or have implemented the required work
practice to reduce HAP emissions to levels specified by the applicable
subpart). This provision does not apply to any exemption of the
affected source from the emissions limitations and work practice
standards allowed by the other applicable subpart.
(4) If the remediation material management unit is an open tank or
surface impoundment used for a biological treatment process, you meet
the requirements as specified in paragraphs (b)(4)(i) and (ii) of this
section.
(i) You demonstrate that the biological treatment process conducted
in the open tank or surface impoundment meets the performance levels
specified in either Sec. 63.684(b)(4)(i) or (ii).
(ii) You monitor the biological treatment process conducted in the
open tank or surface impoundment according to the requirements in Sec.
63.684(e)(4).
(c) A remediation material management unit is exempted from the
requirements in paragraph (b) of this section if this unit is used for
cleanup of radioactive mixed waste, as defined in Sec. 63.7957, that
is subject to applicable regulations, directives, and other
requirements under the Atomic Energy Act, the Nuclear Waste Policy Act,
or the Waste Isolation Pilot Plant Land Withdrawal Act.
(d) One or a combination of remediation material management units
may be exempted at your discretion from the requirements in paragraph
(b) of this section provided that the total annual quantity of HAP
listed in Table 1 of this subpart contained in the remediation material
placed in all of the remediation material management units exempted
under this paragraph is less than 1 Mg/yr. For each remediation
material management unit you select to be exempted under this
provision, you must meet the requirements in paragraphs (d)(1) and (2)
of this section.
(1) You must designate each of the remediation material management
units you are selecting to be exempted under this paragraph by either
submitting to the Administrator a written notification identifying the
exempt units or permanently marking the exempt units at the faculty
site. If you choose to prepare and submit a written notification, this
notification must include a site plan, process diagram, or other
appropriate documentation identifying each of the exempt units. If you
choose to permanently mark the exempt units, each exempt unit must be
marked in such a manner that it can be readily identified as an exempt
unit from the other remediation material management units located at
the site.
(2) You must prepare an initial determination of the total annual
HAP quantity in the remediation material placed in the units exempted
under this paragraph. This determination is based on the total quantity
of the HAP listed in Table 1 of this subpart as determined at the point
where the remediation material is placed in each exempted unit. You
must perform a new determination whenever the extent of changes to the
quantity or composition of the remediation material placed in the
exempted units could cause the total annual HAP content in the
remediation material to exceed 1 Mg/yr. You must maintain documentation
to support the most recent determination of the total annual HAP
quantity. This documentation must include the basis and data used for
determining the organic HAP content of the remediation material.
Sec. 63.7887 What are the general standards I must meet for my
affected equipment leak sources?
You must control HAP emissions from equipment leaks from each
equipment component that is part of the affected source specified in
Sec. 63.7882 by implementing leak detection and control measures
according to the standards specified in Sec. Sec. 63.7920 through
63.7922.
Sec. 63.7888 How do I implement this rule at my facility using the
cross-referenced requirements in other subparts?
(a) For the purposes of this subpart, when you read the term ``HAP
listed in Table 1 of this subpart'' in a cross-referenced section under
40 CFR part 63, subpart DD--National Emission Standards for Hazardous
Air Pollutants from Off-Site Waste and Recovery Operations, you should
refer to Table 1 of this subpart.
(b) For the purposes of this subpart, when you read the term off-
site material in a cross-referenced section under 40 CFR part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations you should substitute the
term remediation material, as defined in Sec. 63.7957.
(c) For the purposes of this subpart, when you read the term
regulated material in a cross-referenced section under 40 CFR part 63,
subparts OO, PP, QQ, RR, TT, UU, WW, and VV you should substitute the
term remediation material, as defined in Sec. 63.7957.
Process Vents
Sec. 63.7890 What emissions limitations and work practice standards
must I meet for process vents?
(a) You must control HAP emissions from each new and existing
process vent subject to Sec. 63.7885(b)(1) according to emissions
limitations and work practice standards in this section that apply to
your affected process vents.
(b) For your affected process vents, you must meet one of the
facility-wide emission limit options specified in paragraphs (b)(1)
through (4) of this section. If you have multiple affected process vent
streams, you may comply with this paragraph using a combination of
controlled and uncontrolled process vent streams that achieve the
facility-wide emission limit that applies to you.
(1) Reduce from all affected process vents the total emissions of
the HAP
[[Page 58195]]
listed in Table 1 of this subpart to a level less than 1.4 kilograms
per hour (kg/hr) and 2.8 Mg/yr (3.0 pounds per hour (lb/hr) and 3.1
tpy); or
(2) Reduce from all affected process vents the emissions of total
organic carbon (TOC) (minus methane and ethane) to a level below 1.4
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
(3) Reduce from all affected process vents the total emissions of
the HAP listed in Table 1 of this subpart by 95 percent by weight or
more; or
(4) Reduce from all affected process vents the emissions of TOC
(minus methane and ethane) by 95 percent by weight or more.
(c) For each closed vent system and control device you use to
comply with paragraph (b) of this section, you must meet the operating
limit requirements and work practice standards in Sec. 63.7925(c)
through (j) that apply to your closed vent system and control device.
Sec. 63.7891 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for process vents?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec. 63.7890(b) applicable
to your affected process vents by meeting the requirements in
paragraphs (b) through (d) of this section.
(b) You have measured or determined using the procedures for
performance tests and design evaluations in Sec. 63.7941 that emission
levels from all of your affected process vents meet the facility-wide
emission limits in Sec. 63.7890(b) that apply to you, as follows in
paragraphs (b)(1) through (4) of this section.
(1) If you elect to meet Sec. 63.7890(b)(1), you demonstrate that
the total emissions of the HAP listed in Table 1 of this subpart from
all affected process vents at your facility are less than 1.4 kg/hr and
2.8 Mg/yr (3.0 lb/hr and 3.1 tpy).
(2) If you elect to meet Sec. 63.7890(b)(2), you demonstrate that
emissions of TOC (minus methane and ethane) from all affected process
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr
and 3.1 tpy).
(3) If you elect to meet Sec. 63.7890(b)(3), you demonstrate that
the total emissions of the HAP listed in Table 1 of this subpart from
all affected process vents are reduced by 95 percent by weight or more.
(4) If you elect to meet Sec. 63.7890(b)(4), you demonstrate that
the emissions of TOC (minus methane and ethane) from all affected
process vents are reduced by 95 percent by weight or more.
(c) For each closed vent system and control device you use to
comply with Sec. 63.7890(b), you have met each requirement for
demonstrating initial compliance with the emission limitations and work
practice standards for a closed vent system and control device in Sec.
63.7926.
(d) You have submitted a notification of compliance status
according to the requirements in Sec. 63.7950.
Sec. 63.7892 What are my inspection and monitoring requirements for
process vents?
For each closed vent system and control device you use to comply
with Sec. 63.7890(b), you must monitor and inspect the closed vent
system and control device according to the requirements in Sec.
63.7927 that apply to you.
Sec. 63.7893 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for process vents?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7890 applicable to
your affected process vents by meeting the requirements in paragraphs
(b) through (d) of this section.
(b) You must maintain emission levels from all of your affected
process vents to meet the facility-wide emission limits in Sec.
63.7890(b) that apply to you, as specified in the following paragraph
(b)(1) through (4) of this section.
(1) If you elect to meet Sec. 63.7890(b)(1), you maintain the
total emissions of the HAP listed in Table 1 of this subpart from all
affected process vents at your facility are less than 1.4 kg/hr and 2.8
Mg/yr (3.0 lb/hr and 3.1 tpy).
(2) If you elect to meet Sec. 63.7890(b)(2), you maintain
emissions of TOC (minus methane and ethane) from all affected process
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr
and 3.1 tpy).
(3) If you elect to meet Sec. 63.7890(b)(3), you maintain the
total emissions of the HAP listed in Table 1 of this subpart from all
affected process vents are reduced by 95 percent by weight or more.
(4) If you elect to meet Sec. 63.7890(b)(4), you maintain that the
emissions of TOC (minus methane and ethane) from all affected process
vents are reduced by 95 percent by weight or more.
(c) For each closed vent system and control device you use to
comply with Sec. 63.7890(b), you have met each requirement for
demonstrating continuous compliance with the emission limitations and
work practice standards for a closed vent system and control device in
Sec. 63.7928.
(d) Keeping records to document continuous compliance with the
requirements of this subpart according to the requirements in Sec.
63.7952.
Tanks
Sec. 63.7895 What emissions limitations and work practice standards
must I meet for tanks?
(a) You must control HAP emissions from each new and existing tank
subject to Sec. 63.7886(b)(1)(i) according to emissions limitations
and work practice standards in this section that apply to your affected
tanks.
(b) For each affected tank, you must install and operate air
pollution controls that meet the requirements in paragraphs (b)(1)
through (4) of this section that apply to your tank.
(1) Unless your tank is used for a waste stabilization process, as
defined in Sec. 63.7957, you must determine the maximum HAP vapor
pressure (expressed in kilopascals (kPa)) of the remediation material
placed in your tank using the procedures specified in Sec. 63.7944.
(2) If the maximum HAP vapor pressure of the remediation material
you place in your tank is less than 76.6 kPa, then you must determine
which tank level controls (i.e., Tank Level 1 or Tank Level 2) apply to
your tank as shown in Table 2 of this subpart, and based on your tank's
design capacity (expressed in cubic meters (m3)) and the
maximum HAP vapor pressure of the remediation material you place in
this tank. If your tank is required by Table 2 of this subpart to use
Tank Level 1 controls, then you must meet the requirements in paragraph
(c) of this section. If your tank is required by Table 2 of this
subpart to use Tank Level 2 controls, then you must meet the
requirements in paragraph (d) of this section
(3) If maximum HAP vapor pressure of the remediation material you
place in your tank is 76.6 kPa or greater, then the tank must use one
of the Tank Level 2 controls specified in paragraphs (d)(3) through (5)
of this section. Use of floating roofs under paragraph (d)(1) or (2) of
this section is not allowed for tanks managing these remediation
materials.
(4) A tank used for a waste stabilization process, as defined in
Sec. 63.7957, must use one of Tank Level 2 controls, as specified in
paragraph (d) of this section, that is appropriate for your waste
stabilization process.
(c) If you use Tank Level 1 controls, you must install and operate
a fixed roof according to the requirements in Sec. 63.902. As an
alternative to using this
[[Page 58196]]
fixed roof, you may choose to use one of Tank Level 2 controls in
paragraph (d) of this section.
(d) If you use Tank Level 2 controls, you must meet the
requirements of one of the options in paragraphs (d)(1) through (5) of
this section.
(1) Install and operate a fixed roof with an internal floating roof
according to the requirements in Sec. 63.1063(a)(1)(i), (a)(2), and
(b); or
(2) Install and operate an external floating roof according to the
requirements in Sec. 63.1063(a)(1)(ii), (a)(2), and (b); or
(3) Install and operate a fixed roof vented through a closed vent
system to a control device according to the requirements in Sec.
63.685(g). You must meet the emissions limitations and work practice
standards in Sec. 63.7925 that apply to your closed vent system and
control device; or
(4) Install and operate a pressure tank according to the
requirements in Sec. 63.685(h); or
(5) Locate the tank inside a permanent total enclosure and vent
emissions from the enclosure through a closed vent system to a control
device that is an enclosed combustion device according to the
requirements in Sec. 63.685(i). You must meet the emissions
limitations and work practice standards in Sec. 63.7925 that apply to
your closed vent system and control device.
(e) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your tanks. If you request for permission to use
an alternative to the work practice standards, you must submit the
information described in Sec. 63.6(g)(2).
Sec. 63.7896 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for tanks?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec. 63.7895 that apply to
your affected tanks by meeting the requirements in paragraphs (b)
through (h) of this section, as applicable to your containers.
(b) You have submitted as part of your notification of compliance
status, specified in Sec. 63.7950, a signed statement that you have
met the requirements in paragraphs (b)(1) and (2) of this section.
(1) You have determined the applicable tank control levels
specified in Sec. 63.7895(b) for the tanks to be used for your site
remediation.
(2) You have determined, according to the procedures Sec. 63.7944,
and recorded the maximum HAP vapor pressure of the remediation material
placed in each affected tank subject to Sec. 63.7886(b)(1)(i) that
does not use Tank Level 2 controls.
(c) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 1 controls if
you have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (c)(1) through (3) of this section.
(1) Each tank using Tank Level 1 controls is equipped with a fixed
roof and closure devices according to the requirements in Sec.
63.902(b) and (c) and you have records documenting the design.
(2) You have performed an initial visual inspection of the fixed
roof and closure devices for defects according to the requirements in
Sec. 63.906(a) and you have records documenting the inspection
results.
(3) You will operate the fixed roof and closure devices according
to the requirements in Sec. 63.902.
(d) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls
and using a fixed roof with an internal floating roof according to
Sec. 63.7895(d)(1) if you have submitted as part of your notification
of compliance status, specified in Sec. 63.7950, a signed statement
that you have met the requirements in paragraphs (d)(1) through (3) of
this section.
(1) Each tank is equipped with an internal floating roof that meets
the requirements in Sec. 63.1063(a) and you have records documenting
the design.
(2) You will operate the internal floating roof according to the
requirements in Sec. 63.1063(b).
(3) You have performed an initial visual inspection according to
the requirements in Sec. 63.1063(d)(1) and you have a record of the
inspection results.
(e) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls
and using an external floating roof according to Sec. 63.7895(d)(2) if
you have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (e)(1) through (3) of this section.
(1) Each tank is equipped with an external floating roof that meets
the requirements in Sec. 63.1063(a) and you have records documenting
the design.
(2) You will operate the external floating roof according to the
requirements in Sec. 63.1063(b).
(3) You have performed an initial seal gap measurement inspection
according to the requirements in Sec. 63.1063(d)(3) and you have
records of the measurement results.
(f) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls
and using a fixed roof vented to a control device according to Sec.
63.7895(d)(3) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (f)(1) through (4) of this
section.
(1) Each tank is equipped with a fixed roof and closure devices
according to the requirements in Sec. 63.902(b) and (c) and you have
records documenting the design.
(2) You have performed an initial visual inspection of fixed roof
and closure devices for defects according to the requirements in Sec.
63.695(b)(3) and you have records documenting the inspection results.
(3) You will operate the fixed roof and closure devices according
to the requirements in Sec. 63.685(g).
(4) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7926.
(g) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls
and operates as a pressure tank according to Sec. 63.7895(d)(4) if you
have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (g)(1) and (2) of this section.
(1) Each tank is designed to operate as a pressure tank according
to the requirements in Sec. 63.685(h), and you have records
documenting the design.
(2) You will operate the pressure tank and according to the
requirements in Sec. 63.685(h).
(h) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls
and using a permanent total enclosure vented to an enclosed combustion
device according to Sec. 63.7895(d)(5) if you have submitted as part
of your notification of compliance status, specified in Sec. 63.7950,
a signed statement that you have met the requirements in paragraphs
(h)(1) and (2) of this section.
(1) You have submitted as part of your notification of compliance
status a
[[Page 58197]]
signed statement that you have performed the verification procedure
according to the requirements in Sec. 63.685(i), and you have records
of the supporting calculations and measurements.
(2) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7926.
Sec. 63.7897 What are my inspection and monitoring requirements for
tanks?
(a) You must visually inspect each of your tanks using Tank Level 1
controls for defects at least annually according to the requirements in
Sec. 63.906(a).
(b) You must inspect and monitor each of your tanks using Tank
Level 2 controls according to the requirements in paragraphs (b)(1)
through (5), as applicable to your tanks.
(1) If you use a fixed roof with an internal floating roof
according to Sec. 63.7895(d)(1), you must visually inspect the fixed
roof and internal floating roof according to the requirements in Sec.
63.1063(d)(1) and (2).
(2) If you use an external floating roof according to Sec.
63.7895(d)(2), you must visually inspect the external floating roof
according to the requirements in Sec. 63.1063(d)(1) and inspect the
seals according to the requirements in Sec. 63.1063(d)(2) and (3).
(3) If you use a fixed roof vented to a control device according to
Sec. 63.7895(d)(3), you must meet requirements in paragraphs (b)(3)(i)
and (ii) of this section.
(i) You must visually inspect the fixed roof and closure devices
for defects according to the requirements in Sec. 63.695(b)(3).
(ii) You must monitor and inspect the closed vent system and
control device according to the requirements in Sec. 63.7927 that
apply to you.
(4) If you use a pressure tank according to Sec. 63.7895(d)(4),
you must visually inspect the tank and its closure devices for defects
at least annually to ensure they are operating according to the design
requirements in Sec. 63.685(h).
(5) If you use a permanent total enclosure vented to an enclosed
combustion device according to Sec. 63.7895(d)(5), you must meet
requirements in paragraphs (b)(5)(i) and (ii) of this section.
(i) You must perform the verification procedure for the permanent
total enclosure at least annually according to the requirements in
Sec. 63.685(i).
(ii) You must monitor and inspect the closed vent system and
control device according to the requirements in Sec. 63.7927 that
apply to you.
Sec. 63.7898 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for tanks?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7895 applicable to
your affected tanks by meeting the requirements in paragraphs (b)
through (d) of this section.
(b) You must demonstrate continuous compliance with the requirement
to determine the applicable tank control level specified in Sec.
63.7895(b) for each affected tank by meeting the requirements in
paragraphs (b)(1) through (3) of this section.
(1) Keeping records of the tank design capacity according to the
requirements in Sec. 63.1065(a).
(2) For tanks subject to Sec. 63.7886(b)(1)(ii) and not using Tank
Level 2 controls, meeting the requirements in paragraphs (b)(2)(i) and
(ii) of this section.
(i) Keeping records of the maximum HAP vapor pressure determined
according to the procedures in Sec. 63.7944 for the remediation
material placed in each affected tank.
(ii) Performing a new determination of the maximum HAP vapor
pressure whenever changes to the remediation material managed in the
tank could potentially cause the maximum HAP vapor pressure to increase
to a level that is equal to or greater than the maximum HAP vapor
pressure for the tank design capacity specified in Table 2. You must
keep records of each determination.
(3) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(c) You must demonstrate continuous compliance for each tank
determined to require Tank Level 1 controls by meeting the requirements
in paragraphs (c)(1) through (5) of this section.
(1) Operating and maintaining the fixed roof and closure devices
according to the requirements in Sec. 63.902(c).
(2) Visually inspecting the fixed roof and closure devices for
defects at least annually according to the requirements in Sec.
63.906(a).
(3) Repairing defects according to the requirements in Sec.
63.63.906(b).
(4) Recording the information specified in Sec. 63.907(a)(3) and
(b).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(d) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using a fixed roof with
an internal floating roof according to Sec. 63.7895(d)(1) by meeting
the requirements in paragraphs (d)(1) through (5) of this section.
(1) Operating and maintaining the internal floating roof according
to the requirements in Sec. 63.1063(b).
(2) Visually inspecting the internal floating roof according to the
requirements in Sec. 63.1063(d)(1) and (2).
(3) Repairing defects according to the requirements in Sec.
63.1063(e).
(4) Recording the information specified in Sec. 63.1065(b) through
(d).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(e) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using an external
floating roof according to Sec. 63.7895(d)(2) by meeting the
requirements in paragraphs (e)(1) through (5) of this section.
(1) Operating and maintaining the external floating roof according
to the requirements in Sec. 63.1063(b).
(2) Visually inspecting the external floating roof according to the
requirements in Sec. 63.1063(d)(1) and inspecting the seals according
the requirements in Sec. 63.1063(d)(2) and (3).
(3) Repairing defects according to the requirements in Sec.
63.1063(e).
(4) Recording the information specified in Sec. 63.1065(b) through
(d).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(f) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using a fixed roof
vented to a control device according to Sec. 63.7895(d)(3) by meeting
the requirements in paragraphs (f)(1) through (6) of this section.
(1) Operating and maintaining the fixed roof and closure devices
according to the requirements in Sec. 63.685(g).
(2) Visually inspecting the fixed roof and closure devices for
defects at least annually according to the requirements in Sec.
63.695(b)(3)(i).
(3) Repairing defects according to the requirements in Sec.
63.695(b)(4).
(4) Recording the information specified in Sec. 63.696(e).
(5) Meeting each applicable requirement for demonstrating
continuous compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7928.
(6) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(g) You must demonstrate continuous compliance for each tank
determined to
[[Page 58198]]
require Tank Level 2 controls and operated as a pressure tank according
to Sec. 63.7895(d)(4) by meeting the requirements in paragraphs (g)(1)
through (3) of this section.
(1) Operating and maintaining the pressure tank and closure devices
according to the requirements in Sec. 63.685(h).
(2) Visually inspecting each pressurized tank and closure devices
for defects at least annually to ensure they are operating according to
the design requirements in Sec. 63.685(h), and recording the results
of each inspection.
(3) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(h) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using a permanent total
enclosure vented to an enclosed combustion device according to Sec.
63.7895(d)(5) by meeting the requirements in paragraphs (h)(1) through
(4) of this section.
(1) Performing the verification procedure for the enclosure
annually according to the requirements in Sec. 63.685(i).
(2) Recording the information specified in Sec. 63.696(f).
(3) Meeting each applicable requirement for demonstrating
continuous compliance with the emissions limitations and work practice
standards for a closed vent system and control device in Sec. 63.7928.
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
Containers
Sec. 63.7900 What emissions limitations and work practice standards
must I meet for containers?
(a) You must control HAP emissions from each new and existing
container subject to Sec. 63.7886(b)(1)(ii) according to emissions
limitations and work practice standards in this section that apply to
your affected containers.
(b) For each container having a design capacity greater than 0.1
m\3\ you must meet the requirements in paragraph (b)(1) or (2) of this
section that apply to your container except at the times the container
is used for treatment of remediation material by a waste stabilization
process, as defined in Sec. 63.7957. As an alternative for any
container subject to this paragraph, you may choose to meet the
requirements in paragraph (d) of this section.
(1) If the design capacity of your container is less than or equal
to 0.46 m\3\, then you must use controls according to the standards for
Container Level 1 controls as specified in Sec. 63.922. As an
alternative, you may choose to use controls according to either of the
standards for Container Level 2 controls as specified in Sec. 63.923.
(2) If the design capacity of your container is greater than 0.46
m\3\, then you must use controls according to the standards for
Container Level 2 controls as specified in Sec. 63.923 except as
provided for in paragraph (b)(3) of this section.
(3) As an alternative to meeting the standards in paragraph (b)(2)
of this section for containers with a capacity greater than 0.46 m\3\,
if you determine that either of the conditions in paragraphs (b)(3)(i)
or (ii) apply to the remediation material placed in your container,
then you may use controls according to the standards for Container
Level 1 controls as specified in Sec. 63.922.
(i) Vapor pressure of every organic constituent in the remediation
material placed in your container is less than 0.3 kPa at 20[deg]C; or
(ii) Total concentration of the pure organic constituents having a
vapor pressure greater than 0.3 kPa at 20[deg]C in the remediation
material placed in your container is less than 20 percent by weight.
(c) At times when a container having a design capacity greater than
0.1 m\3\ is used for treatment of a remediation material by a waste
stabilization process as defined in Sec. 63.7957, you must control air
emissions from the container during the process whenever the
remediation material in the container is exposed to the atmosphere
according to the standards for Container Level 3 controls as specified
in Sec. 63.924. You must meet the emissions limitations and work
practice standards in Sec. 63.7925 that apply to your closed vent
system and control device.
(d) As an alternative to meeting the requirements in paragraph (b)
of this section, you may choose to use controls on your container
according to the standards for Container Level 3 controls as specified
in Sec. 63.924. You must meet the emissions limitations and work
practice standards in Sec. 63.7925 that apply to your closed vent
system and control device.
(e) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your containers. If you request for permission to
use an alternative to the work practice standards, you must submit the
information described in Sec. 63.6(g)(2).
Sec. 63.7901 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for containers?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec. 63.7990 that apply to
your affected containers by meeting the requirements in paragraphs (b)
through (e) of this section, as applicable to your containers.
(b) You have submitted as part of your notification of compliance
status, specified in Sec. 63.7950, a signed statement that you have
met the requirements in paragraphs (b)(1) and (2) of this section.
(1) You have determined the applicable container control levels
specified in Sec. 63.7990 for the containers to be used for your site
remediation.
(2) You have determined and recorded the maximum vapor pressure or
total organic concentration for the remediation material placed in
containers with a design capacity greater than 0.46 m\3\, and do not
use Container Level 2 or Level 3 controls.
(c) You must demonstrate initial compliance of each container
determined under paragraph (b) of this section to require Container
Level 1 controls if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (c)(1) and (2) of this
section.
(1) Each container using Container Level 1 controls will be one of
the containers specified in Sec. 63.922(b).
(2) You will operate each container cover and closure device
according to the requirements in Sec. 63.922(d).
(d) You must demonstrate initial compliance of each container
determined under paragraph (b) of this section to require Container
Level 2 controls if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (d)(1) through (4) of this
section.
(1) Each container using Container Level 2 controls will be one of
the containers specified in Sec. 63.923(b).
(2) You will transfer remediation materials into and out of each
container according to the procedures in Sec. 63.923(d).
(3) You will operate and maintain the container covers and closure
devices according to the requirements in Sec. 63.923(d).
(4) You have records that the container meets the applicable U.S.
Department of Transportation
[[Page 58199]]
regulations, or you have conducted an initial test of each container
for no detectable organic emissions using the procedures in Sec.
63.925(a), and have records documenting the test results, or you have
demonstrated within the last 12 months that each container is vapor-
tight according to the procedures in Sec. 63.925(a) and have records
documenting the test results.
(e) You must demonstrate initial compliance of each container
determined under paragraph (b) of this section to require Container
Level 3 controls if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (e)(1) and (2) of this
section.
(1) For each permanent total enclosure you use to comply with Sec.
63.7900, you have performed the verification procedure according to the
requirements in Sec. 63.924(c)(1), and prepare records of the
supporting calculations and measurements.
(2) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7926.
Sec. 63.7902 What are my inspection and monitoring requirements for
containers?
(a) You must inspect each container using Container Level 1 or
Container Level 2 controls according to the requirements in Sec.
63.926(a).
(b) If you use Container Level 3 controls, you must meet
requirements in paragraphs (b)(1) and (2) of this section, as
applicable to your site remediation.
(1) You must perform the verification procedure for each permanent
total enclosure annually according to the requirements in Sec.
63.924(c)(1).
(2) You must monitor and inspect each closed vent system and
control device according to the requirements in Sec. 63.7927 that
apply to you.
Sec. 63.7903 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for containers?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7990 applicable to
your affected containers by meeting the requirements in paragraphs (b)
through (e) of this section.
(b) You must demonstrate continuous compliance with the requirement
to determine the applicable container control level specified in Sec.
63.7990(b) for each affected tank by meeting the requirements in
paragraphs (b)(1) through (3) of this section.
(1) Keeping records of the quantity and design capacity for each
type of container used for your site remediation and subject to Sec.
63.7886(b)(1)(ii).
(2) For containers subject to Sec. 63.7886(b)(1)(ii) with a design
capacity greater than 0.46 m\3\ and not using Container Level 2 or
Container Level 3 controls, meeting the requirements in paragraphs
(b)(2)(i) and (ii) of this section.
(i) Keeping records of the maximum vapor pressure or total organic
concentration for the remediation material placed in the containers, as
applicable to the conditions in Sec. 63.7900(b)(3)(i) or (ii) for
which your containers qualify to use Container Level 1 controls.
(ii) Performing a new determination whenever changes to the
remediation material placed in the containers could potentially cause
the maximum vapor pressure or total organic concentration to increase
to a level that is equal to or greater than the conditions specified in
Sec. 63.7900(b)(3)(i) or (ii), as applicable to your containers. You
must keep records of each determination.
(3) Keeping records to document compliance with the requirements
according to the requirements in Sec. 63.7952.
(c) You must demonstrate continuous compliance for each container
determined to require Container Level 1 controls by meeting the
requirements in paragraphs (c)(1) through (5) of this section.
(1) Operating and maintaining covers for each container according
to the requirements in Sec. 63.922(d) .
(2) Inspecting each container annually according to the
requirements in Sec. 63.926(a)(2).
(3) Emptying or repairing each container according to the
requirements in Sec. 63.926(a)(3).
(4) Keeping records of an inspection that includes the information
in paragraphs (a)(4)(i) and (ii) of this section.
(i) Date of each inspection; and
(ii) If a defect is detected during an inspection, the location of
the defect, a description of the defect, the date of detection, the
corrective action taken to repair the defect, and if repair is delayed,
the reason for any delay and the date completion of the repair is
expected.
(5) Keeping records to document compliance with the requirements
according to the requirements in Sec. 63.7952.
(d) You must demonstrate continuous compliance for each container
determined to require Container Level 2 controls by meeting the
requirements in paragraphs (d)(1) through (6) of this section.
(1) Transferring remediation material in and out of the container
according to the requirements in Sec. 63.923(c).
(2) Operating and maintaining container covers according to the
requirements in Sec. 63.923(d).
(3) Inspecting each container annually according to the
requirements in Sec. 63.926(a)(2).
(4) Emptying or repairing containers according to the requirements
in Sec. 63.926(a)(3).
(5) Keeping records of each inspection that include the information
in paragraphs (d)(5)(i) and (ii) of this section.
(i) Date of each inspection; and
(ii) If a defect is detected during an inspection, the location of
the defect, a description of the defect, the date of detection, the
corrective action taken to repair the defect, and if repair is delayed,
the reason for any delay and the date completion of the repair is
expected.
(6) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(e) You must demonstrate continuous compliance for each container
determined to require Container Level 3 controls by meeting the
requirements in paragraphs (e)(1) through (4) of this section.
(1) Performing the verification procedure for the enclosure
annually according to the requirements in Sec. 63.685(i).
(2) Recording the information specified in Sec. 63.696(f).
(3) Meeting each applicable requirement for demonstrating
continuous compliance with the emissions limitations and work practice
standards for a closed vent system and control device in Sec. 63.7928.
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
Surface Impoundments
Sec. 63.7905 What emissions limitations or work practice standards
must I meet for surface impoundments?
(a) You must control HAP emissions from each new and existing
surface impoundment subject to Sec. 63.7886(b)(1)(iii) according to
emissions limitations and work practice standards in this section that
apply to your affected surface impoundments.
(b) For each affected surface impoundment, you must install and
[[Page 58200]]
operate air pollution controls that meet either of the options in
paragraphs (b)(1) or (2) of this section.
(1) Install and operate a floating membrane cover according to the
requirements in Sec. 63.942; or
(2) Install and operate a cover vented through a closed vent system
to a control device according to the requirements in Sec. 63.943. You
must meet the emissions limitations and work practice standards in
Sec. 63.7925 that apply to your closed vent system and control device.
(c) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your surface impoundments. If you request for
permission to use an alternative to the work practice standards, you
must submit the information described in Sec. 63.6(g)(2).
Sec. 63.7906 How do I demonstrate initial compliance with the
emissions limitations or work practice standards for surface
impoundments?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec. 63.7905 that apply to
your affected surface impoundments by meeting the requirements in
paragraphs (b) and (c) of this section, as applicable to your surface
impoundments.
(b) You must demonstrate initial compliance of each surface
impoundment using a floating membrane cover according to Sec.
63.7905(b)(1) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (b)(1) through (3) of this
section.
(1) You have installed a floating membrane cover and closure
devices that meet the requirements in Sec. 63.942(b), and you have
records documenting the design and installation.
(2) You will operate the cover and closure devices according to the
requirements in Sec. 63.942(c).
(3) You have performed an initial visual inspection of each surface
impoundment and closure devices according to the requirements in Sec.
63.946(a), and you have records documenting the inspection results.
(c) You must demonstrate initial compliance of each surface
impoundment using a cover vented to a control device according to Sec.
63.7905(b)(2) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (c)(1) through (4) of this
section.
(1) You have installed a cover and closure devices that meet the
requirements in Sec. 63.943(b), and have records documenting the
design and installation.
(2) You will operate the cover and closure devices according to the
requirements in Sec. 63.943(c).
(3) You have performed an initial visual inspection of each cover
and closure devices according to the requirements in Sec. 63.946(b),
and have records documenting the inspection results.
(4) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7926.
Sec. 63.7907 What are my inspection and monitoring requirements for
surface impoundments?
(a) If you use a floating membrane cover according to Sec.
63.7905(b)(1), you must visually inspect the floating membrane cover
and its closure devices at least annually according to the requirements
in Sec. 63.946(a).
(b) If you use a cover vented to a control device according to
Sec. 63.7905(b)(2), you must meet requirements in paragraphs (b)(1)
and (2) of this section.
(1) You must visually inspect the cover and its closure devices for
defects according to the requirements in Sec. 63.946(b).
(2) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec. 63.7927 that apply to
you.
Sec. 63.7908 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for surface
impoundments?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7905 applicable to
your affected surface impoundments by meeting the requirements in
paragraphs (b) and (c) of this section as applicable to your surface
impoundments.
(b) You must demonstrate continuous compliance for each surface
impoundment using a floating membrane cover according to Sec.
63.7905(b)(1) by meeting the requirements in paragraphs (b)(1) through
(5) of this section.
(1) Operating and maintaining the floating membrane cover and
closure devices according to the requirements in Sec. 63.942(c).
(2) Visually inspecting the floating membrane cover and closure
devices for defects at least annually according to the requirements in
Sec. 63.946(a).
(3) Repairing defects according to the requirements in Sec.
63.946(c).
(4) Recording the information specified in Sec. 63.947(a)(2) and
(a)(3).
(5) Keeping records to document compliance with the requirements
according to the requirements in Sec. 63.7952.
(c) You must demonstrate continuous compliance for each surface
impoundment using a cover vented to a control device according to Sec.
63.7905(b)(2) by meeting the requirements in paragraphs (c)(1) through
(6) of this section.
(1) Operating and maintaining the cover and its closure devices
according to the requirements in Sec. 63.943(c).
(2) Visually inspecting the cover and its closure devices for
defects at least annually according to the requirements in Sec.
63.946(b).
(3) Repairing defects according to the requirements in Sec.
63.946(c).
(4) Recording the information specified in Sec. 63.947(a)(2) and
(a)(3).
(5) Meeting each applicable requirement for demonstrating
continuous compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7928.
(6) Keeping records to document compliance with the requirements
according to the requirements in Sec. 63.7952.
Separators
Sec. 63.7910 What emissions limitations and work practice standards
must I meet for separators?
(a) You must control HAP emissions from each new and existing oil-
water separator and organic-water separator subject to Sec.
63.7886(b)(1)(iv) according to emissions limitations and work practice
standards in this section that apply to your affected separators.
(b) For each affected separator, you must install and operate air
pollution controls that meet one of the options in paragraphs (b)(1)
through (3) of this section.
(1) Install and operate a floating roof according to the
requirements in Sec. 63.1043. For portions of the separator where it
is infeasible to install and operate a floating roof, such as over a
weir mechanism, you must comply with the requirements specified in
paragraph (b)(2) of this section.
(2) Install and operate a fixed roof vented through a closed vent
system to a control device according to the requirements in Sec.
63.1044. You must
[[Page 58201]]
meet the emissions limitations and work practice standards in Sec.
63.7925 that apply to your closed vent system and control device.
(3) Install and operate a pressurized separator according to the
requirements in Sec. 63.1045.
(c) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your separators. If you request for permission to
use an alternative to the work practice standards, you must submit the
information described in Sec. 63.6(g)(2).
Sec. 63.7911 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for separators?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec. 63.7910 that apply to
your affected separators by meeting the requirements in paragraphs (b)
through (d) of this section, as applicable to your separators.
(b) You must demonstrate initial compliance of each separator using
a floating roof according to Sec. 63.7910(b)(1) if you have submitted
as part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have met the requirements in
paragraphs (b)(1) through (4) of this section.
(1) You have installed a floating roof and closure devices that
meet the requirements in Sec. 63.1043(b), and you have records
documenting the design and installation.
(2) You will operate the floating roof and closure devices
according to the requirements in Sec. 63.1043(c).
(3) You have performed an initial seal gap measurement inspection
using the procedures in Sec. 63.1046(b), and you have records
documenting the measurement results.
(4) You have performed an initial visual inspection of the floating
roof and closure devices for defects according to the requirements in
Sec. 63.1047(b)(2), and you have records documenting the inspection
results.
(5) For any portions of the separator using a fixed roof vented to
a control device according to Sec. 63.7910(b)(1), you have met the
requirements in paragraphs (c)(1) through (4) of this section.
(c) You must demonstrate initial compliance of each separator using
a fixed roof vented to a control device according to Sec.
63.7910(b)(2) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (c)(1) through (4) of this
section.
(1) You have installed a fixed roof and closure devices that meet
the requirements in Sec. 63.1042(b), and you have records documenting
the design and installation.
(2) You will operate the fixed roof and its closure devices
according to the requirements in Sec. 63.1042(c).
(3) You have performed an initial visual inspection of the fixed
roof and closure devices for defects according to the requirements in
Sec. 63.1047(a).
(4) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7926.
(d) You must demonstrate initial compliance of each pressurized
separator that operates as a closed system according to Sec.
63.7910(b)(3) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (d)(1) and (2) of this
section.
(1) You have installed a pressurized separator that operates as a
closed system according to the requirements in Sec. 63.1045(b)(1) and
(b)(2), and you have records of the design and installation.
(2) You will operate the pressurized separator as a closed system
according to the requirements in Sec. 63.1045(b)(3).
Sec. 63.7912 What are my inspection and monitoring requirements for
separators?
(a) If you use a floating roof according to Sec. 63.7910(b)(1),
you must meet requirements in paragraphs (a)(1) and (2) of this
section.
(1) Measure the seal gaps at least annually according to the
requirements in Sec. 63.1047(b)(1).
(2) Visually inspect the floating roof at least annually according
to the requirements in Sec. 63.1047(b)(2).
(b) If you use a cover vented to a control device according to
Sec. 63.7910(b)(1) or (2), you must meet requirements in paragraphs
(b)(1) and (2) of this section.
(1) You must visually inspect the cover and its closure devices for
defects according to the requirements in Sec. 63.1047(c).
(2) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec. 63.7927 that apply to
you.
(c) If you use a pressurized separator that operates as a closed
system according to Sec. 63.7910(b)(3), you must visually inspect each
pressurized separator and closure devices for defects at least annually
to ensure they are operating according to the design requirements in
Sec. 63.1045(b).
Sec. 63.7913 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for separators?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7910 applicable to
your affected separators by meeting the requirements in paragraphs (b)
through (d) of this section as applicable to your surface impoundments.
(b) You must demonstrate continuous compliance for each separator
using a floating roof according to Sec. 63.7910(b)(1) by meeting the
requirements in paragraphs (b)(1) through (6) of this section.
(1) Operating and maintaining the floating roof according to the
requirements in Sec. 63.1043(b).
(2) Performing seal gap measurement inspections at least annually
according to the requirements in Sec. 63.1047(b)(1).
(3) Visually inspecting the floating roof at least annually
according to the requirements in Sec. 63.1047(b)(2).
(4) Repairing defects according to the requirements in Sec.
63.1047(d).
(5) Recording the information specified in Sec. 63.1048(a) and
(b).
(6) Keeping records to document compliance with the requirements
according to the requirements in Sec. 63.7952.
(c) You must demonstrate continuous compliance for each separator
using a cover vented to a control device according to Sec.
63.7905(b)(1) or (2) by meeting the requirements in paragraphs (c)(1)
through (6) of this section.
(1) Operating and maintaining the fixed roof and its closure
devices according to the requirements in Sec. 63.1042.
(2) Performing visual inspections of the fixed roof and its closure
devices for defects at least annually according to the requirements in
Sec. 63.1047(a).
(3) Repairing defects according to the requirements in Sec.
63.1047(d).
(4) Recording the information specified in Sec. 63.1048(a).
(5) Meeting each applicable requirement for demonstrating
continuous compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7928.
(6) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(d) You must demonstrate continuous compliance for each pressurized
[[Page 58202]]
separator operated as a closed system according to Sec. 63.7910(b)(3)
by meeting the requirements in paragraphs (d)(1) and (2) of this
section.
(1) Operating the pressurized separator at all times according to
the requirements in Sec. 63.1045.
(2) Visually inspecting each pressurized tank and closure devices
for defects at least annually to ensure they are operating according to
the design requirements in Sec. 63.1045(b), and recording the results
of each inspection.
Transfer Systems
Sec. 63.7915 What emissions limitations and work practice standards
must I meet for transfer systems?
(a) You must control HAP emissions from each new and existing
transfer system subject to Sec. 63.7886(b)(1)(v) according to
emissions limitations and work practice standards in this section that
apply to your affected transfer systems.
(b) For each affected transfer system that is an individual drain
system as defined in Sec. 63.7957, you must install and operate
controls according to the requirements in Sec. 63.962.
(c) For each affected transfer system that is not an individual
drain system as defined in Sec. 63.7957, you must use one of the
transfer systems specified in paragraphs (c)(1) through (3) of this
section.
(1) A transfer system that uses covers according to the
requirements in Sec. 63.689(d).
(2) A transfer system that consists of continuous hard-piping. All
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
(3) A transfer system that is enclosed and vented through a closed
vent system to a control device according to the requirements specified
in paragraphs (c)(3)(i) and (ii) of this section.
(i) The transfer system is designed and operated such that an
internal pressure in the vapor headspace in the enclosure is maintained
at a level less than atmospheric pressure when the control device is
operating, and
(ii) The closed vent system and control device are designed and
operated to meet the emissions limitations and work practice standards
in Sec. 63.7925 that apply to your closed vent system and control
device.
(d) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your transfer systems. If you request for
permission to use an alternative to the work practice standards, you
must submit the information described in Sec. 63.6(g)(2).
Sec. 63.7916 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for transfer systems?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec. 63.7915 that apply to
your affected transfer systems by meeting the requirements in
paragraphs (b) through (e) of this section, as applicable to your
transfer systems.
(b) You must demonstrate initial compliance of each individual
drain system using controls according to Sec. 63.7915(b) if you have
submitted as part of your notification of compliance status, specified
in Sec. 63.7950, a signed statement that you have met the requirements
in paragraphs (b)(1) through (3) of this section.
(1) You have installed air emission controls for each individual
drain system and junction box according to the requirements in Sec.
63.962(a) and (b), and you have records documenting the installation
and design.
(2) You will operate the air emission controls according to the
requirements in Sec. 63.962(b)(5).
(3) You have performed an initial visual inspection of each
individual drain system according to the requirements in Sec.
63.964(a), and you have records documenting the inspection results.
(c) You must demonstrate initial compliance of each transfer system
using covers according to Sec. 63.7915(c)(1) if you have submitted as
part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have met the requirements in
paragraphs (c)(1) through (3) of this section.
(1) Each transfer system is equipped with covers and closure
devices according to the requirements in Sec. 63.689(d)(1) through
(4), and you have records documenting the design and installation.
(2) You have performed an initial inspection of each cover and its
closure devices for defects according to the requirements in Sec.
63.695(d)(1) through (5), and you have records documenting the
inspection results.
(3) You will operate each cover and its closure devices according
to the requirements in Sec. 63.689(5).
(d) You must demonstrate initial compliance of each transfer system
that consists of hard piping according to Sec. 63.7915(c)(2) if you
have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (d)(1) and (2) of this section.
(1) You have installed a transfer system that consists entirely of
hard piping and meets the requirements in Sec. 63.7915(c)(2), and you
have records documenting the design and installation.
(2) You have performed an initial inspection of the entire transfer
system to verify that all joints or seams between the pipe sections are
permanently or semi-permanently sealed (e.g., a welded joint between
two sections of metal pipe or a bolted and gasketed flange), and you
have records documenting the inspection results.
(e) You must demonstrate initial compliance of each transfer system
that is enclosed and vented to a control device according to Sec.
63.7915(e)(3) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (e)(1) and (2) of this
section.
(1) You have installed a transfer system that is designed and
operated such that an internal pressure in the vapor headspace in the
enclosure is maintained at a level less than atmospheric pressure when
the control device is operating, and you have records documenting the
design and installation.
(2) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7926.
Sec. 63.7917 What are my inspection and monitoring requirements for
transfer systems?
(a) If you operate an individual drain system as a transfer system
according to Sec. 63.7915(b), you must visually inspect each
individual drain system at least annually according to the requirements
in Sec. 63.964(a).
(b) If you operate a transfer system using covers according to
Sec. 63.7915(c)(1), you must inspect each cover and its closure
devices for defects according to the requirements in Sec. 63.695(d)(1)
through (5).
(c) If you operate a transfer system consisting of hard piping
according to Sec. 63.7915(c)(2), you must annually inspect the entire
pipeline and all joints for leaks and other defects. In the event that
a defect is detected, you must repair the leak or defect according to
the
[[Page 58203]]
requirements of paragraph (e) of this section.
(d) If you operate a transfer system that is enclosed and vented to
a control device according to Sec. 63.7915(c)(3), you must meet
requirements in paragraphs (d)(1) and (2) of this section.
(1) You must annually inspect all enclosure components (e.g.,
enclosure sections, closure devices, fans) for defects that would
prevent an internal pressure in the vapor headspace in the enclosure
from continuously being maintained at a level less than atmospheric
pressure when the control device is operating. In the event that a
defect is detected, you must repair the defect according to the
requirements of paragraph (e) of this section.
(2) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec. 63.7927 that apply to
you.
(e) If you are subject to paragraph (c) or (d) of this section, you
must repair all detected defects as specified in paragraphs (e)(1)
through (3) of this section.
(1) You must make first efforts at repair of the defect no later
than 5 calendar days after detection and repair shall be completed as
soon as possible but no later than 45 calendar days after detection
except as provided in paragraph (e)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if
you determine that repair of the defect requires emptying or temporary
removal from service of the transfer system and no alternative transfer
system is available at the site to accept the material normally handled
by the system. In this case, you must repair the defect the next time
the process or unit that is generating the material handled by the
transfer system stops operation. Repair of the defect must be completed
before the process or unit resumes operation.
(3) You must maintain a record of the defect repair according to
the requirements specified in Sec. 63.7952.
Sec. 63.7918 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for transfer systems?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7915 applicable to
your affected transfer system by meeting the requirements in paragraphs
(b) through (e) of this section as applicable to your transfer systems.
(b) You must demonstrate continuous compliance for each individual
drain system using controls according to Sec. 63.7915(b) by meeting
the requirements in paragraphs (b)(1) through (5) of this section.
(1) Operating and maintaining the air emission controls for
individual drain systems according to the requirements in Sec. 63.962.
(2) Visually inspecting each individual drain system at least
annually according to the requirements in Sec. 63.964(a).
(3) Repairing defects according to the requirements in Sec.
63.964(b).
(4) Recording the information specified in Sec. 63.965(a).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(c) You must demonstrate continuous compliance for each transfer
system using covers according to Sec. 63.7915(c)(1) by meeting the
requirements in paragraphs (c)(1) through (4) of this section.
(1) Operating and maintaining each cover and its closure devices
according to the requirements in Sec. 63.689(d)(1) through (5).
(2) Performing inspections of each cover and its closure devices
for defects at least annually according to the requirements in Sec.
63.695(d)(1) through (5).
(3) Repairing defects according to the requirements in Sec.
63.695(5)
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(d) You must demonstrate continuous compliance for each transfer
system that consists of hard piping according to Sec. 63.7915(c)(2) by
meeting the requirements in paragraphs (d)(1) through (4) of this
section.
(1) Operating and maintaining the pipeline to ensure that all
joints or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
(2) Inspecting the pipeline for defects at least annually according
to the requirements in Sec. 63.7918(c).
(3) Repairing defects according to the requirements in Sec.
63.7918(e).
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(e) You must demonstrate continuous compliance for each transfer
system that is enclosed and vented to a control device according to
Sec. 63.7915(e)(3) by meeting the requirements in paragraphs (e)(1)
through (5) of this section.
(1) Operating and maintaining the enclosure to ensure that the
internal pressure in the vapor headspace in the enclosure is maintained
continuously at a level less than atmospheric pressure when the control
device is operating.
(2) Inspecting the enclosure and its closure devices for defects at
least annually according to the requirements in Sec. 63.7918(d).
(3) Repairing defects according to the requirements in Sec.
63.7918(e).
(4) Meeting each applicable requirement for demonstrating
continuous compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec. 63.7928.
(5) Keeping records to document compliance with the requirements
according to the requirements in Sec. 63.7952.
Equipment Leaks
Sec. 63.7920 What emissions limitations and work practice standards
must I meet for equipment leaks?
(a) You must control HAP emissions from each new and existing
equipment subject to Sec. 63.7887 according to emissions limitations
and work practice standards in this section that apply to your affected
equipment.
(b) For your affected equipment, you must meet the requirements in
either paragraph (b)(1) or (2) of this section.
(1) Control equipment leaks according to all applicable
requirements under 40 CFR part 63, subpart TT--National Emission
Standards for Equipment Leaks--Control Level 1; or
(2) Control equipment leaks according to all applicable
requirements under 40 CFR part 63, subpart UU--National Emission
Standards for Equipment Leaks--Control Level 2.
(c) If you use a closed vent system and control device to comply
with this section, as an alternative to meeting the standards in Sec.
63.1015 or Sec. 63.1034 for closed vent systems and control devices,
you may elect to meet the requirements in Sec. Sec. 63.7925 through
63.7928 that apply to your closed vent system and control device.
(d) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your equipment. If you request for permission to
use an alternative to the work practice standards, you must submit the
information described in Sec. 63.6(g)(2).
Sec. 63.7921 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for equipment leaks?
(a) You must demonstrate initial compliance with the emissions
[[Page 58204]]
limitations and work practice standards in Sec. 63.7920 that apply to
your affected equipment by meeting the requirements in paragraphs (b)
and (c) of this section, as applicable to your affected sources.
(b) If you control equipment leaks according to the requirements
under Sec. 63.7920(b)(1), you must demonstrate initial compliance if
you have met the requirements in paragraphs (b)(1) and (2) of this
section.
(1) You include the information required in Sec. 63.1018(a)(1) in
your notification of compliance status report.
(2) You have submitted as part of your notification of compliance
status a signed statement that:
(i) You will meet the requirements in Sec. Sec. 63.1002 through
63.1016 that apply to your affected equipment.
(ii) You have identified the equipment subject to control according
to the requirements in Sec. 63.1003, including equipment designated as
unsafe to monitor, and have records supporting the determinations with
a written plan for monitoring the equipment according to the
requirements in Sec. 63.1003(c)(4).
(c) If you control equipment leaks according to the requirements
under Sec. 63.7920(b)(2), you must demonstrate initial compliance if
you have met the requirements in paragraphs (c)(1) and (2) of this
section.
(1) You have included the information required in Sec. 63.1039(a)
in your notification of compliance status report.
(2) You have submitted as part of your notification of compliance
status a signed statement that:
(i) You will meet the requirements in Sec. Sec. 63.1021 through
63.1037 that apply to your affected equipment.
(ii) You have identified the equipment subject to control according
to the requirements in Sec. 63.1022, including equipment designated as
unsafe to monitor, and have records supporting the determinations with
a written plan for monitoring the equipment according to the
requirements in Sec. 63.1022(c)(4).
Sec. 63.7922 How do I demonstrate continuous compliance with the work
practice standards for equipment leaks?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec. 63.7920 applicable to
your affected equipment by meeting the requirements in paragraphs (b)
through (d) of this section that apply to you.
(b) If you control equipment leaks according to the requirements
under Sec. 63.7920(b)(1), you must demonstrate continuous compliance
by inspecting, monitoring, repairing, and maintaining records according
to the requirements in Sec. Sec. 63.1002 through 63.1018 that apply to
your affected equipment.
(c) If you control equipment leaks according to the requirements
under Sec. 63.7920(b)(2), you must demonstrate continuous compliance
by inspecting, monitoring, repairing, and maintaining records according
to the requirements in Sec. Sec. 63.1021 through 63.1039 that apply to
your affected equipment.
(d) You must keep records to demonstrate compliance with the
requirements according to the requirements in Sec. 63.7952.
Closed Vent Systems and Control Devices
Sec. 63.7925 What emissions limitations and work practice standards
must I meet for closed vent systems and control devices?
(a) For each closed-vent system and control device you use to
comply with requirements in Sec. Sec. 63.7890 through 63.7922, as
applicable to your affected sources, you must meet the emissions
limitations and work practice standards in this section.
(b) Whenever gases or vapors containing HAP are vented through the
closed-vent system to the control device, the control device must be
operating except at those times listed in either paragraph (b)(1) or
(2) of this section.
(1) The control device may be bypassed for the purpose of
performing planned routine maintenance of the closed-vent system or
control device in situations when the routine maintenance cannot be
performed during periods that the emission point vented to the control
device is shutdown. On an annual basis, the total time that the closed-
vent system or control device is bypassed to perform routine
maintenance must not exceed 240 hours per each calendar year.
(2) The control device may be bypassed for the purpose of
correcting a malfunction of the closed-vent system or control device.
You must perform the adjustments or repairs necessary to correct the
malfunction as soon as practicable after the malfunction is detected.
(c) For each closed vent system, you must meet the work practice
standards in Sec. 63.693(c).
(d) For each control device other than a flare or a control device
used to comply with the facility-wide process vent emission limits in
Sec. 63.7890(b), you must control HAP emissions to meet either of the
emissions limits in paragraphs (d)(1) or (2) of this section except as
provided for in paragraph (f) of this section.
(1) Reduce emissions of total HAP listed in Table 1 of this subpart
or TOC (minus methane and ethane) from each control device by 95
percent by weight; or
(2) Limit the concentration of total HAP listed in Table 1 of this
subpart or TOC (minus methane and ethane) from each combustion control
device (a thermal incinerator, catalytic incinerator, boiler, or
process heater) to 20 ppmv or less on a dry basis corrected to 3
percent oxygen.
(e) If you use a flare for your control device, then you must meet
the requirements for flares in Sec. 63.11(b).
(f) If you use a process heater or boiler for your control device,
then as alternative to meeting the emissions limits in paragraph (d) of
this section you may choose to comply with one of the work practice
standards in paragraphs (f)(1) through (3) of this section.
(1) Introduce the vent stream into the flame zone of the boiler or
process heater and maintain the conditions in the combustion chamber at
a residence time of 0.5 seconds or longer and at a temperature of
760[deg]C or higher; or
(2) Introduce the vent stream with the fuel that provides the
predominate heat input to the boiler or process heater (i.e., the
primary fuel); or
(3) Introduce the vent stream to a boiler or process heater for
which you either have been issued a final permit under 40 CFR part 270
and complies with the requirements of 40 CFR part 266, subpart H--
Hazardous Waste Burned in Boilers and Industrial Furnaces; or has
certified compliance with the interim status requirements of 40 CFR
part 266, subpart H.
(g) For each control device other than a flare, you must meet each
operating limit in paragraphs (g)(1) through (6) of this section that
applies to your control device.
(1) If you use a regenerable carbon adsorption system, you must:
(i) Maintain the hourly average total regeneration stream mass flow
during the adsorption bed regeneration cycle greater than or equal to
the stream mass flow established in the design evaluation or
performance test.
(ii) Maintain the hourly average temperature of the adsorption bed
during regeneration (except during the cooling cycle) greater than or
equal to the temperature established during the design evaluation or
performance test.
(iii) Maintain the hourly average temperature of the adsorption bed
after regeneration (and within 15 minutes after completing any cooling
cycle) less than or equal to the temperature established during the
design evaluation.
(iv) Maintain the frequency of regeneration greater than or equal
to the
[[Page 58205]]
frequency established during the design evaluation.
(2) If you use a nonregenerable carbon adsorption system, you must
maintain the hourly average temperature of the adsorption bed less than
or equal to the temperature established during the design evaluation or
performance test.
(3) If you use a condenser, you must maintain the daily average
condenser exit temperature less than or equal to the temperature
established during the design evaluation or performance test.
(4) If you use a thermal incinerator, you must maintain the daily
average firebox temperature greater than or equal to the temperature
established in the design evaluation or during the performance test.
(5) If you use a catalytic incinerator, you must maintain the daily
average temperature difference across the catalyst bed greater than or
equal to the minimum temperature difference established during the
performance test or design evaluation.
(6) If you use a boiler or process heater to comply with an
emission limit in paragraph (d) of this section, you must maintain the
daily average firebox temperature within the operating level
established during the design evaluation or performance test.
(h) If you use a carbon adsorption system as your control, you must
meet each work practice standard in paragraphs (h)(1) through (3) of
this section that applies to your control device.
(1) If you use a regenerable carbon adsorption system, you must:
(i) Replace the existing adsorbent in each segment of the bed with
an adsorbent that meets the replacement specifications established
during the design evaluation before the age of the adsorbent exceeds
the maximum allowable age established during the design evaluation.
(ii) Follow the disposal requirements for spent carbon in Sec.
63.693(d)(4).
(2) If you use a nonregenerable carbon adsorption system, you must:
(i) Replace the existing adsorbent in each segment of the bed with
an adsorbent that meets the replacement specifications established
during the design evaluation before the age of the adsorbent exceeds
the maximum allowable age established during the design evaluation.
(ii) Meet the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) If you use a nonregenerative carbon adsorption system, you may
choose to comply with the requirements in paragraphs (h)(3)(i) and (ii)
of this section as an alternative to the requirements in paragraph
(h)(2) of this section. You must:
(i) Immediately replace the carbon canister or carbon in the
control device when the monitoring device indicates breakthrough has
occurred according to the requirements in Sec. 63.693(d)(4)(iii)(A),
or replace the carbon canister or carbon in the control device at
regular intervals according to the requirements in Sec.
63.693(d)(4)(iii)(B).
(ii) Follow the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(i) If you use a catalytic incinerator, you must replace the
existing catalyst bed with a bed that meets the replacement
specifications before the age of the bed exceeds the maximum allowable
age established in the design evaluation or during the performance
test.
(j) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section that apply to your closed vent systems and control devices. If
you request for permission to use an alternative to the work practice
standards, you must submit the information described in Sec.
63.6(g)(2).
Sec. 63.7926 How do I demonstrate initial compliance with the
emission limitations and work practice standards for closed vent
systems and control devices?
(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in this subpart applicable to
your closed vent system and control device by meeting the requirements
in paragraphs (b) through (h) of this section that apply to your closed
vent system and control device.
(b) You must demonstrate initial compliance with the closed vent
system work practice standards in Sec. 63.7925(c) if you have
submitted as part of your notification of compliance status, specified
in Sec. 63.7950, a signed statement that you have met the requirements
in paragraphs (b)(1) and (2) of this section.
(1) You have installed a closed vent system that meets the
requirements in Sec. 63.695(c)(1) and (2), and you have records
documenting the equipment design and installation.
(2) You have performed the initial inspection of the closed vent
system according to the requirements in Sec. 63.695(c)(1)(i) or (ii),
and you have records documenting the inspection results.
(c) You must demonstrate initial compliance of each control device
subject to the emissions limits in Sec. 63.7925(d) with the applicable
emissions limit in Sec. 63.7925(d) if you have submitted as part of
your notification of compliance status, specified in Sec. 63.7950, a
signed statement that you have met the requirements in paragraphs
(c)(1) and (2) of this section that apply to you.
(1) For the emissions limit in Sec. 63.7925(d)(1), the emissions
of total HAP listed in Table 1 of this subpart or TOC (minus methane
and ethane) from the control device, measured or determined according
to the procedures for performance tests and design evaluations in Sec.
63.7941, are reduced by at least 95 percent by weight.
(2) For the emissions limit in Sec. 63.7925(d)(2), the
concentration of total HAP listed in Table 1 of this subpart or TOC
(minus methane and ethane) from the combustion control device, measured
by a performance test or determined by a design evaluation according to
the procedures in Sec. 63.7941, do not exceed 20 ppmv on a dry basis
corrected to 3 percent oxygen.
(d) You must demonstrate initial compliance of each control device
subject to operating limits in Sec. 63.7925(g) with the applicable
limits if you have submitted as part of your notification of compliance
status, specified in Sec. 63.7950, a signed statement that you have
met the requirements in paragraphs (d)(1) and (2) of this section.
(1) You have established an appropriate operating limit(s) for each
of the operating parameter applicable to your control device as
specified in Sec. 63.7925(g)(1) through (6).
(2) You have a record of the applicable operating parameter data
during the performance test or design evaluation during which the
emissions met the applicable limit.
(e) You must demonstrate initial compliance with the spent carbon
replacement and disposal work practice standards for carbon adsorption
systems in Sec. 63.7925(h) if you have submitted as part of your
notification of compliance status, specified in Sec. 63.7950, a signed
statement that you will comply with each work practice standard that
applies to your carbon adsorption system.
(f) You must demonstrate initial compliance with the catalyst
replacement work practice standards for catalytic incinerators in Sec.
63.7925(i) if you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you will comply with the specified work practice standard.
(g) You must demonstrate initial compliance of each flare with the
work practice standards in Sec. 63.7925(e) if you have submitted as
part of your
[[Page 58206]]
notification of compliance status, specified in Sec. 63.7950, a signed
statement that you have met the requirements in paragraphs (g)(1)
through (3) of this section.
(1) Each flare meets the requirements in Sec. 63.11(b).
(2) You have performed a visible emissions test, determined the net
heating value of gas being combusted, and determined the flare exit
velocity as required in Sec. 63.693(h)(2).
(3) You will operate each flare according to the requirements in
Sec. 63.11(b).
(h) You must demonstrate initial compliance of each boiler or
process heater with the work practice standards in Sec. 63.7925(f) if
you have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (h)(1) through (3) of this section.
(1) For the work practice standards in Sec. 63.7925(f)(1), you
have records documenting that the boiler or process heater is designed
to operate at a residence time of 0.5 seconds or greater and maintain
the combustion zone temperature at 760[deg]C or greater.
(2) For the work practice standard in Sec. 63.7925(f)(2), you have
records documenting that the vent stream is introduced with the fuel
according to the requirements in Sec. 63.693(g)(1)(iv), or that the
vent stream is introduced to a boiler or process heater that meets the
requirements in Sec. 63.693(g)(1)(v).
(3) For the work practice standard in Sec. 63.7925(f)(3), you have
records documenting you either have been issued a final permit under 40
CFR part 270 and your boiler or process heater complies with the
requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned in
Boilers and Industrial Furnaces; or has been certified in compliance
with the interim status requirements of 40 CFR part 266, subpart H.
Sec. 63.7927 What are my inspection and monitoring requirements for
closed vent systems and control devices?
(a) You must comply with the requirements in paragraphs (a)(1) and
(2) of this section for each closed vent system.
(1) You must monitor and inspect each closed vent system according
to the requirements in either paragraph (a)(1)(i) or (ii) of this
section.
(i) You must monitor, inspect, and repair defects according to the
requirements in Sec. 63.695(c)(1)(ii) through (c)(3); or
(ii) You must monitor and inspect the closed vent system according
to the requirements in Sec. 63.172(f) through (j) and record the
information in Sec. 63.181.
(2) If your closed vent system includes a bypass device, you must
meet the requirements in either paragraph (a)(2)(i) or (ii) of this
section.
(i) Use a flow indicator to determine if the presence of flow
according to the requirements in Sec. 63.693(c)(2)(i); or
(ii) Use a seal or locking device and make monthly inspections as
required by Sec. 63.693(c)(2)(ii).
(b) If you use a regenerable carbon adsorption system, you must
meet the requirements in paragraphs (b)(1) through (3) of this section.
(1) Use a continuous parameter monitoring system (CPMS) to measure
and record the hourly average total regeneration stream mass flow
during each carbon adsorption cycle.
(2) Use a CPMS to measure and record the hourly average temperature
of the adsorption bed during regeneration (except during the cooling
cycle).
(3) Use a CPMS to measure and record the hourly average temperature
of the adsorption bed after regeneration (and within 15 minutes of
after completing any cooling cycle).
(c) If you use a nonregenerable carbon adsorption system, you must
use a CPMS to measure and record the hourly average temperature of the
adsorption bed or you must monitor the concentration of organic
compounds in the exhaust vent stream according to the requirements in
Sec. 63.693(d)(4)(iii)(A).
(d) If you use a condenser, you must use a CPMS to measure and
record the hourly average condenser exit temperature and determine and
record the daily average condenser exit temperature.
(e) If you use a thermal incinerator, you must use a CPMS to
measure and record the hourly average firebox temperature and determine
and record the daily average firebox temperature.
(f) If you use a catalytic incinerator, you must use a CPMS with
two temperature sensors to measure and record the hourly average
temperature at the inlet of the catalyst bed, the hourly average
temperature at the outlet of the catalyst bed, the hourly average
temperature difference across the catalyst bed, and to determine and
record the daily average temperature difference across the catalyst
bed.
(g) If you use a boiler or process heater to meet an emission
limitation, you must use a CPMS to measure and record the hourly
average firebox temperature and determine and record the daily average
firebox temperature.
(h) If you use a flare, you must monitor the operation of the flare
using a heat sensing monitoring device according to the requirements in
Sec. 63.693(h)(3).
(i) If you introduce the vent stream into the flame zone of a
boiler or process heater according to the requirements in Sec.
63.7925(f)(1), you must use a CPMS to measure and record the combustion
zone temperature.
Sec. 63.7928 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for closed vent
systems and control devices?
(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in this subpart applicable to
your closed vent system and control device by meeting the requirements
in paragraphs (b) through (j) of this section as applicable to your
closed vent system and control device.
(b) You must demonstrate continuous compliance with the closed vent
system work practice standards in Sec. 63.7925(c) by meeting the
requirements in paragraphs (b)(1) through (7) of this section.
(1) For a closed vent system designed to operate with no detectable
organic emissions, visually inspecting the closed vent system at least
annually, monitoring after a repair or replacement using the procedures
in Sec. 63.694(k), and monitoring at least annually according to the
requirements in Sec. 63.695(c)(1)(ii).
(2) For a closed vent system designed to operate below atmospheric
pressure, visually inspecting the closed vent system at least annually
according to the requirements in Sec. 63.695(c)(2)(ii).
(3) Repairing defects according to the requirements in Sec.
63.695(c)(3).
(4) Keeping records of each inspection that include the information
in paragraphs (b)(4)(i) through (iii) of this section:
(i) A closed vent system identification number (or other unique
identification description you select).
(ii) Date of each inspection.
(iii) If a defect is detected during an inspection, the location of
the defect, a description of the defect, the date of detection, the
corrective action taken to repair the defect, and if repair is delayed,
the reason for any delay and the date completion of the repair is
expected.
(5) If you elect to monitor the closed vent system according to the
requirements in Sec. 63.172(f) through (j), recording the information
in Sec. 63.181.
(6) If the closed vent system is equipped with a flow indicator,
recording the information in Sec. 63.693(c)(ii)(i).
(7) If the closed vent system is equipped with a seal or locking
device,
[[Page 58207]]
visually inspecting the seal or closure mechanism at least monthly
according to the requirements in Sec. 63.693(c)(ii)(i), and recording
the results of each inspection.
(c) You must demonstrate continuous compliance of each control
device subject to the emissions limits in Sec. 63.7925(d) with the
applicable emissions limit in Sec. 63.7925(d) by meeting the
requirements in paragraphs (c)(1) and (2) of this section.
(1) For the emission limit in Sec. 63.7925(d)(1), maintaining the
reduction in emissions of total HAP listed in Table 1 of this subpart
or TOC (minus methane and ethane) from the control device at 95 percent
by weight or greater.
(2) For the emission limit in Sec. 63.7925(d)(2), maintaining the
concentration of total HAP listed in Table 1 of this subpart or TOC
(minus methane and ethane) from the control device at 20 ppmv or less.
(d) You must demonstrate continuous compliance of each control
device subject to operating limits in Sec. 63.7925(g) with the
applicable limits by meeting the requirements in paragraphs (d)(1)
through (4) of this section.
(1) Maintaining each operating limit according to the requirements
in Sec. 63.7925(g) as applicable to the control device.
(2) Monitoring and inspecting each control device according to the
requirements in Sec. 63.7927(b) through (i) as applicable to the
control device.
(3) Operating and maintaining each continuous monitoring system
according to the requirements in Sec. 63.7945, and collecting and
reducing data according to the requirements in Sec. 63.7946.
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec. 63.7952.
(e) You must demonstrate continuous compliance with the spent
carbon replacement and disposal work practice standards for regenerable
carbon adsorption systems in Sec. 63.7925(h)(1) by meeting the
requirements in paragraphs (e)(1) through (3) of this section.
(1) Replacing the adsorbent as required by Sec. 63.7925(h)(1)(i).
(2) Following the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) Keeping records to document compliance with the requirements of
the work practice standards.
(f) You must demonstrate continuous compliance with the spent
carbon replacement and disposal work practice standards for
nonregenerable carbon adsorption systems in Sec. 63.7925(h)(2) by
meeting the requirements in paragraphs (f)(1) through (3) of this
section.
(1) Replacing the adsorbent as required by the work practice
standard in Sec. 63.7925(h)(2)(i).
(2) Following the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) Keeping records to document compliance with the requirements of
the work practice standards.
(g) You must demonstrate continuous compliance with the spent
carbon replacement and disposal work practice standards for
nonregenerable carbon adsorption systems in Sec. 63.7925(h)(3) by
meeting the requirements in paragraphs (g)(1) through (3) of this
section.
(1) Monitoring the concentration level of the organic compounds in
the exhaust vent for the carbon adsorption system as required in Sec.
63.7927(c), immediately replacing the carbon canister or carbon in the
control device when breakthrough is indicated by the monitoring device,
and recording the date of breakthrough and carbon replacement. Or, you
must replace the carbon canister or carbon in the control device at
regular intervals and record the date of carbon replacement.
(2) Following the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) Keeping records to document compliance with the requirements of
the work practice standards.
(h) You must demonstrate continuous compliance with the catalyst
replacement work practice standards for catalytic incinerators in Sec.
63.7925(i) by meeting the requirements in paragraphs (h)(1) and (2) of
this section.
(1) Replacing the existing catalyst bed as required in Sec.
63.7925(i).
(2) Keeping records to document compliance with the requirements of
the work practice standards.
(i) You must demonstrate continuous compliance of each flare with
the work practice standards in Sec. 63.7925(e) by meeting the
requirements in paragraphs (i)(1) through (5) of this section.
(1) Operating the flare with no visible emissions except for up to
5 minutes in any 2 consecutive hours according to the requirements in
Sec. 63.11(b)(4).
(2) Monitoring the presence of a pilot flare according to the
requirements in Sec. 63.7927(h) and maintaining a pilot flame and
flare flame at all times that emissions are not vented to the flare
according to the requirements in Sec. 63.11(b)(5).
(3) Operating the flare with an exit velocity according to the
requirements in Sec. 63.11(b)(6) through (8).
(4) Operating the flare with a net heating value of the gas being
combusted according to the requirements in Sec. 63.11(b)(6)(ii).
(5) Keeping records to document compliance with the requirements of
the work practice standards.
(j) You must demonstrate continuous compliance of each boiler or
process heater with the work practice standards in Sec. 63.7925(f) by
meeting the requirements in paragraphs (j)(1) through (3) of this
section.
(1) For the work practice standards in Sec. 63.7925(f)(1), you
must demonstrate continuous compliance by meeting the requirements in
paragraphs (j)(1)(i) through (iv).
(i) Maintaining conditions in the combustion chamber at a residence
time of 0.5 seconds or longer and at a combustion zone temperature at
760[deg]C or greater whenever the vent stream is introduced to the
flame zone of the boiler or process heater.
(ii) Monitoring each boiler or process heater according to the
requirements in Sec. 63.7927(i).
(iii) Operating and maintaining each continuous monitoring system
according to the requirements in Sec. 63.7945, and collecting and
reducing data according to the requirements in Sec. 63.7946.
(iv) Keeping records to document compliance with residence time
design requirement.
(2) For the work practice standards in Sec. 63.7925(f)(2), you
maintain the boiler or process heater operations such that the vent
stream is introduced with the fuel according to the requirements in
Sec. 63.693(g)(1)(iv), or that the vent stream is introduced to a
boiler or process heater that meets the requirements in Sec.
63.693(g)(1)(v).
(3) For the work practice standard in Sec. 63.7925(f)(3), you
remain in compliance with all terms and conditions of the final permit
under 40 CFR part 270 and your boiler or process heater complies with
the requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned
in Boilers and Industrial Furnaces; or in compliance with the interim
status requirements of 40 CFR part 266, subpart H, as applicable to
your boiler or process heater.
General Compliance Requirements
Sec. 63.7935 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emissions limitations
(including operating limits) and the work practice standards in this
subpart at all times,
[[Page 58208]]
except during periods of startup, shutdown, and malfunction.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec. 63.6(e)(1)(i).
(c) You must develop and implement a written startup, shutdown, and
malfunction plan (SSMP) according to the provisions in Sec.
63.6(e)(3).
(d) During periods of startup, shutdown, and malfunction, you must
operate according to the SSMP.
(e) You must report each instance in which you did not meet each
emissions limitation and each operating limit that applies to you. This
includes periods of startup, shutdown, and malfunction. You must also
report each instance in which you did not meet the requirements for
work practice standards that apply to you. These instances are
deviations from the emissions limitations and work practice standards
in this subpart. These deviations must be reported according to the
requirements in Sec. 63.7951.
(f) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating according to the SSMP. We will determine whether
deviations that occur during a period of startup, shutdown, or
malfunction are violations, according to the provisions in Sec.
63.6(e).
(g) For each monitoring system required in this section, you must
develop and make available for inspection by the permitting authority,
upon request, a site-specific monitoring plan that addresses the
following:
(1) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system.
(3) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
(h) In your site-specific monitoring plan, you must also address
the following:
(1) Ongoing operation and maintenance procedures according to the
general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and (8).
(2) Ongoing data quality assurance procedures according to the
general requirements of Sec. 63.8(d).
(3) Ongoing recordkeeping and reporting procedures according to the
general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
(i) You must operate and maintain the continuous monitoring system
according to the site-specific monitoring plan.
(j) You must conduct a performance evaluation of each continuous
monitoring according to your site-specific monitoring plan.
Sec. 63.7936 What requirements must I meet if I transfer remediation
material off-site to another facility?
(a) If you transfer to another facility a remediation material
generated by your remediation activities and having an average total
VOHAP concentration equal to or greater than 10 ppmw (as determined
using the procedures specified in Sec. 63.7943), then you must
transfer the remediation material to a facility that meets the
requirements in paragraph (b) of this section. You must record the
name, street address, and telephone number of the facility where you
send this remediation material.
(b) You may elect to transfer the remediation material to one of
the following facilities:
(1) A facility where your remediation material will be directly
disposed in a landfill or other land disposal unit according to all
applicable Federal and State requirements.
(2) A facility subject to 40 CFR part 63, subpart DD where the
exemption under Sec. 63.680(b)(2)(iii) is waived and air emissions
from the management of your remediation material at the facility are
controlled according to all applicable requirements in the subpart for
an off-site material. Prior to sending your remediation material, you
must obtain a written statement from the owner or operator of the
facility to which you send your remediation material acknowledging that
the exemption under Sec. 63.680(b)(2)(iii) will be waived for all
remediation material received at the facility from you and your
material will be managed as an off-site material at the facility
according to all applicable requirements. This statement must be signed
by the responsible official of the receiving facility, provide the name
and address of the receiving facility, and a copy sent to the
appropriate EPA Regional Office at the addresses listed in 40 CFR
63.13.
(3) A facility where your remediation material will be managed
according to all applicable requirements under this Subpart.
(i) You must prepare and include a notice with each shipment or
transport of remediation material from your site. This notice must
state that the remediation material contains organic HAP that are to be
treated according to the provisions of this subpart. When the transport
is continuous or ongoing (for example, discharge to a publicly owned
treatment works), the notice must be submitted to the receiving
facility owner or operator initially and whenever there is a change in
the required treatment.
(ii) You may not transfer the remediation material unless the owner
or operator of the facility receiving your remediation material has
submitted to the EPA a written certification that he or she will manage
remediation material received from you according to the requirements of
Sec. Sec. 63.7885 through 63.7957. The receiving facility owner or
operator may revoke the written certification by sending a written
statement to the EPA and to you providing at least 90 days notice that
they rescind acceptance of responsibility for compliance with the
regulatory provisions listed in this section. Upon expiration of the
notice period, you may not transfer your remediation material to the
facility.
(iii) By providing the written certification to the EPA, the
receiving facility owner or operator accepts responsibility for
compliance with the regulatory provisions listed in paragraph (b)(3) of
this section with respect to any shipment of remediation material
covered by the written certification. Failure to abide by any of those
provisions with respect to such shipments may result in enforcement
action by the EPA against the certifying entity according to the
enforcement provisions applicable to violations of these provisions by
owners or operators of sources.
(iv) Written certifications and revocation statements to the EPA
from the receiving facility owner or operator must be signed by the
responsible official of the receiving facility, provide the name and
address of the receiving facility, and a copy sent to the appropriate
EPA Regional Office at the addresses listed in 40 CFR 63.13. Such
written certifications are not transferable.
(c) Acceptance by a facility owner or operator of remediation
material from a site remediation subject to this Subpart does not, by
itself, require the facility owner or operator to obtain a title V
permit under 40 CFR 70.3 or 40 CFR 71.3.
[[Page 58209]]
Sec. 63.7937 How do I demonstrate initial compliance with the general
standards?
(a) You must demonstrate initial compliance with the general
standards in Sec. Sec. 63.7884 through 63.7887 that apply to your
affected sources by meeting the requirements in paragraphs (b) through
(d) of this section, as applicable to you.
(b) You must demonstrate initial compliance with the general
standards in Sec. 63.7885 that apply to your affected process vents by
meeting the requirements in paragraphs (b)(1) through (4) of this
section, as applicable to your process vents.
(1) If HAP emissions are controlled from the affected process vents
according to the emission limitations and work practice standards
specified in Sec. 63.7885(b)(1), you have met the initial compliance
requirements in Sec. 63.7891.
(2) If the remediation material treated or managed by the process
vented through the affected process vents has an average total VOHAP
less than 10 ppmw according to Sec. 63.7885(b)(2), you have submitted
as part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have determined, according to the
procedures Sec. 63.7943, and recorded the average VOHAP concentration
of the remediation material placed in the affected remediation material
management unit.
(3) If HAP emissions are controlled from the affected process vents
to meet standards in another subpart under 40 CFR part 61 or 40 CFR
part 63 according to Sec. 63.7885(b)(3), you have submitted as part of
your notification of compliance status, specified in Sec. 63.7950, a
signed statement that you have met the requirements in paragraphs
(b)(3)(i) and (ii) of this section.
(i) You include in your statement the citations for the specific
emission limitations and work practice standards that apply to the
process vents under the subpart in 40 CFR part 61 or 40 CFR part 63
that the vents are also subject.
(ii) You are complying with all applicable emissions limitations
and work practice standards specified by the applicable subpart.
(4) For each process vent exempted according to Sec. 63.7885(c),
you have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (b)(4)(i) and (ii) of this section.
(i) You identify in your statement each process vent that qualifies
for an exemption and the exemption conditions in Sec. 63.7885(c)(1)(i)
or (ii) that apply to each exempted process vent.
(ii) You have performed the measurements and prepared the
documentation required in Sec. 63.7885(c)(2) that demonstrates that
each exempted process vent stream meets the applicable exemption
conditions in Sec. 63.7885(c)(1).
(c) You must demonstrate initial compliance with the general
standards in Sec. 63.7886 that apply to your affected remediation
material management units by meeting the requirements in paragraphs
(c)(1) through (6) of this section, as applicable to your remediation
material management units.
(1) If the remediation material management unit uses air pollution
controls according to the standards specified in Sec. 63.7886(b)(1),
you have met the initial compliance requirements applicable to the
remediation material management unit in Sec. Sec. 63.7896, 63.7901,
63.7906, 63.7911, or 63.7816.
(2) If the remediation material managed in the affected remediation
material managements has an average total VOHAP less than 500 ppmw
according to Sec. 63.7886(b)(2), you have submitted as part of your
notification of compliance status, specified in Sec. 63.7950, a signed
statement that you have determined, according to the procedures Sec.
63.7943, and recorded the average VOHAP concentration of the
remediation material placed in the affected remediation material
management unit.
(3) If HAP emissions are controlled from the affected remediation
material management units to meet standards in another subpart under 40
CFR part 61 or 40 CFR part 63 according to Sec. 63.7886(b)(3), you
have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (c)(3)(i) and (ii) of this section.
(i) You include in your statement the citations for the specific
emission limitations and work practice standards that apply to the
remediation material management units under the subpart in 40 CFR part
61 or 40 CFR part 63 that the units are also subject.
(ii) You are complying with all applicable emissions limitations
and work practice standards specified by the applicable subpart.
(4) If HAP emissions are controlled from the affected remediation
material management unit that is an open tank or surface impoundment
used for a biological treatment process according to Sec.
63.7886(b)(4), you have submitted as part of your notification of
compliance status, specified in Sec. 63.7950, a signed statement that
you have met the requirements in paragraphs (c)(4)(i) and (ii) of this
section.
(i) You have performed the measurements and prepared the
documentation required in Sec. 63.7886(b)(4)(i) that demonstrates that
each unit meets the applicable performance levels.
(ii) You will monitor the biological treatment process conducted in
each unit according the requirements in Sec. 63.7886(4)(i).
(5) For each remediation material management unit used for cleanup
of radioactive mixed waste and exempted according to Sec. 63.7886(c),
you have submitted as part of your notification of compliance status,
specified in Sec. 63.7950, a signed statement that you have met the
requirements in paragraphs (c)(5)(i) and (ii) of this section.
(i) You include in your statement the citations for the specific
requirements that apply to the remediation material management units
under regulations, directives, and other requirements under the Atomic
Energy Act, the Nuclear Waste Policy Act, or the Waste Isolation Pilot
Plant Land Withdrawal Act.
(ii) You are complying with all requirements that apply to the
remediation material management units under the applicable regulations
or directives.
(6) For each remediation material management unit exempted
according to Sec. 63.7886(d), you have submitted as part of your
notification of compliance status, specified in Sec. 63.7950, a signed
statement that you have met the requirements in paragraphs (c)(6)(i)
and (ii) of this section.
(i) You have designated according to the requirements in Sec.
63.7886(d)(1) each of the remediation material management units you are
selecting to be exempted.
(ii) You have performed an initial determination and prepared the
documentation required in Sec. 63.7886(d)(2) that demonstrates that
the total annual HAP quantity (based on the HAP listed in Table 1 of
this subpart) in the remediation material placed in all of the
designated exempted remediation material management units will be less
than 1 Mg/yr.
(d) You must demonstrate initial compliance with the general
standards in Sec. 63.7887 that apply to your affected equipment leak
sources by meeting the requirements in Sec. 63.7921.
[[Page 58210]]
Sec. 63.7938 How do I demonstrate continuous compliance with the
general standards?
(a) You must demonstrate continuous compliance with the general
standards in Sec. Sec. 63.7884 through 63.7887 that apply to your
affected sources by meeting the requirements in paragraphs (b) through
(d) of this section, as applicable to you.
(b) You have demonstrated continuous compliance with the general
standards in Sec. 63.7885 that apply to your affected process vents by
meeting the requirements in paragraphs (b)(1) through (4) of this
section, as applicable to your process vents.
(1) If HAP emissions are controlled from the affected process vents
according to the emission limitations and work practice standards
specified in Sec. 63.7885(b)(1), you must demonstrate continuous
compliance by meeting the requirements in Sec. 63.7893.
(2) If the remediation material treated or managed by the process
vented through the affected process vents has an average total VOHAP
less than 10 ppmw according to Sec. 63.7885(b)(2), you must
demonstrate continuous compliance by performing a new determination and
preparing new documentation as required in Sec. 63.7886(c)(2) to show
that the total VOHAP concentration of the remediation material remains
less than 10 ppmw.
(3) If HAP emissions are controlled from the affected process vents
to meet standards in another subpart under 40 CFR part 61 or 40 CFR
part 63 according to Sec. 63.7885(b)(3), you must demonstrate
continuous compliance by complying with all applicable emissions
limitations and work practice standards specified by the applicable
subpart.
(4) For each process vent exempted according to Sec. 63.7885(c),
you must demonstrate continuous compliance by performing new
measurements and preparing new documentation as required in Sec.
63.7885(c)(2) that demonstrates that each exempted process vent stream
meets the applicable exemption conditions in Sec. 63.7885(c)(1).
(c) You must demonstrate continuous compliance with the general
standards in Sec. 63.7886 that apply to your affected remediation
material management units by meeting the requirements in paragraphs
(c)(1) through (6) of this section, as applicable to your remediation
material management units.
(1) If the remediation material management unit uses air pollution
controls according to the standards specified in Sec. 63.7886(b)(1),
you must demonstrate continuous compliance by meeting the requirements
applicable to the remediation material management unit in Sec. Sec.
63.7898, 63.7903, 63.7908, 63.7913, or 63.7818.
(2) If the remediation material managed in the affected remediation
material managements has an average total VOHAP concentration less than
500 ppmw according to Sec. 63.7886(b)(2), you must demonstrate
continuous compliance by performing a new determination and preparing
new documentation as required in Sec. 63.7886(c)(2) to show that the
total VOHAP concentration of the remediation material remains less than
500 ppmw.
(3) If HAP emissions are controlled from the affected remediation
material management units to meet standards in another subpart under 40
CFR part 61 or 40 CFR part 63 according to Sec. 63.7886(b)(3), you
must demonstrate continuous compliance by meeting all applicable
emissions limitations and work practice standards specified by the
applicable subpart.
(4) If HAP emissions are controlled from the affected remediation
material management unit that is an open tank or surface impoundment
used for a biological treatment process according to Sec.
63.7886(b)(4), you must demonstrate continuous compliance by meeting
the requirements in paragraphs (c)(4)(i) and (ii) of this section.
(i) Performing new measurements and preparing new documentation as
required in Sec. 63.7886(4)(i) that demonstrates that each unit meets
the applicable performance levels.
(ii) Monitoring the biological treatment process conducted in each
unit according the requirements in Sec. 63.7886(4)(i).
(5) For each remediation material management unit used for cleanup
of radioactive mixed waste and exempted according to Sec. 63.7886(c),
you must demonstrate continuous compliance by meeting all requirements
that apply to the remediation material management units under the
applicable regulations or directives.
(6) For each remediation material management unit exempted
according to Sec. 63.7886(d), you must demonstrate continuous
compliance by performing new measurements and preparing new
documentation as required in Sec. 63.7886(d)(2) to show that the total
annual HAP quantity (based on the HAP listed in Table 1 of this
subpart) in the remediation material placed in all of the designated
exempted remediation material management units remains less than 1 Mg/
yr.
(d) You have demonstrated continuous compliance with the general
standards in Sec. 63.7887 that apply to your affected equipment leak
sources by meeting the requirements in Sec. 63.7923.
Performance Tests
Sec. 63.7940 By what date must I conduct performance tests or other
initial compliance demonstrations?
(a) You must conduct a performance test or design evaluation for
each existing affected source within 180 calendar days after the
compliance date that is specified in Sec. 63.7883.
(b) For each work practice standard that applies to you where
initial compliance is not demonstrated using a performance test or
design evaluation, you must demonstrate initial compliance within 30
calendar days after the compliance date that is specified in Sec.
63.7883 for your affected source.
(c) For new sources, you must conduct initial performance tests and
other initial compliance demonstrations according to the provisions in
Sec. 63.7(a)(2)(i) and (ii).
Sec. 63.7941 How do I conduct a performance test, design evaluation,
or other type of initial compliance demonstration?
(a) You must conduct a performance test or design evaluation to
demonstrate initial compliance for each new or existing affected source
that is subject to an emission limit in this subpart. You must report
the results of the performance test or design evaluation according to
the requirements in Sec. 63.7950(e)(1).
(b) If you choose to conduct a performance test to demonstrate
initial compliance, you must conduct the test according to the
requirements in Sec. 63.7(e)(1) and paragraphs (b)(1) through (5) of
this section.
(1) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec. 63.7(e)(3). Each
test run must last at least 1 hour.
(2) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
(3) You must conduct each performance test using the test methods
and procedures in Sec. 63.694(l).
(4) Follow the procedures in paragraphs (b)(4)(i) through (iii) of
this section to determine compliance with the facility-wide total
organic mass emissions rate in Sec. 63.7890(a)(1)(i).
(i) Determine compliance with the total organic mass flow rate
using Equation 1 of this section as follows:
[[Page 58211]]
[GRAPHIC] [TIFF OMITTED] TR08OC03.000
Where:
Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting
control device (or exiting the process vent if no control device is
used), as determined by Method 2 of 40 CFR part 60, appendix A, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i
in the vent gas, as determined by Method 18 of 40 CFR part 60, appendix
A;
MWi = Molecular weight of organic compound i in the vent
gas,kg/kg-mol;
(ii) Determine compliance with the annual total organic emissions
rate using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.001
Where:
EA = Total organic mass emissions rate, kilograms per year;
Eh = Total organic mass flow rate for the process vent, kg/
h;
H = Total annual hours of operation for the affected unit, h.
(iii) Determine compliance with the total organic emissions limit
from all affected process vents at the facility by summing the total
hourly organic mass emissions rates (Eh as determined in
Equation 1 of this section) and summing the total annual organic mass
emissions rates (EA, as determined in Equation 2 of this
section) for all affected process vents at the facility.
(5) Determine compliance with the 95 percent reduction limit in
Sec. 63.7890(a)(2)(i) for the combination of all affected process
vents at the facility using Equations 3 and 4 of this section to
calculate control device inlet and outlet concentrations and Equation 5
of this section to calculate control device emission reductions for
process vents as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.002
[GRAPHIC] [TIFF OMITTED] TR08OC03.003
Where:
Cij, Coj = Concentration of sample component j of
the gas stream at the inlet and outlet of the control device, dry
basis, parts per million by volume. For uncontrolled vents,
Cij = Coj and equal the concentration exiting the
vent;
Ei, Eo = Mass rate of total organic compounds
(TOC) (minus methane and ethane) or total HAP, from Table 1 of this
subpart, at the inlet and outlet of the control device, respectively,
dry basis, kilogram per hour. For uncontrolled vents, Ei =
Eo and equal the concentration exiting the vent;
Mij, Moj = Molecular weight of sample component j
of the gas stream at the inlet and outlet of the control device,
respectively, gram/gram-mole. For uncontrolled vents, Mij =
Moj and equal the gas stream molecular weight exiting the
vent;
Qi, Qo = Flowrate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic meters
per minute (dscm/min). For uncontrolled vents, Qi =
Qo and equals the flowrate exiting the vent;
K2 = Constant, 2.494 x 10-6 (parts per million)
-1 (gram-mole per standard cubic meter) (kilogram/
gram)(minute/hour, where standard temperature (gram-mole per standard
cubic meter) is 20[deg]C);
n = the number of components in the sample.
[GRAPHIC] [TIFF OMITTED] TR08OC03.004
Where:
Rv = Overall emissions reduction for all affected process
vents, percent
Ei = Mass rate of TOC (minus methane and ethane) or total
HAP, from Table 1 of this subpart, at the inlet to the control device,
or exiting the vent for uncontrolled vents, as calculated in this
section, kilograms TOC per hour or kilograms HAP per hour;
Eo = Mass rate of TOC (minus methane and ethane) or total
HAP, from Table 1 of this subpart, at the outlet to the control device,
or exiting the vent for uncontrolled vents, as calculated in this
section, kilograms TOC per hour or kilograms HAP per hour. For vents
without a control device, Eo = Ei;
n = number of affected source process vents.
(c) If you use a carbon adsorption system, condenser, vapor
incinerator, boiler, or process heater to meet an emission limit in
this subpart, you may choose to perform a design evaluation to
demonstrate initial compliance instead of a performance test. You must
perform a design evaluation according to the general requirements in
Sec. 63.693(b)(8) and the specific requirements in Sec.
63.694(d)(2)(ii) for a carbon adsorption system (including establishing
carbon replacement schedules and associated requirements), Sec.
63.694(e)(2)(ii) for a condenser, Sec. 63.694(f)(2)(ii) for a vapor
incinerator, or Sec. 63.694(g)(2)(i)(B) for a boiler or process
heater.
(d) During the performance test or design evaluation, you must
collect the appropriate operating parameter monitoring system data,
average the operating parameter data over each test run, and set
operating limits, whether a minimum or maximum value, based on the
average of values for each of the three test runs. If you use a control
device design analysis to demonstrate control device performance, then
the minimum or maximum operating parameter value must be established
based on the control device design analysis and supplemented, as
necessary, by the control device manufacturer recommendations or other
applicable information.
(e) If you control air emissions from an affected source by
introducing the vent stream into the flame zone of a boiler or process
heater according to the requirements in Sec. 63.693(g)(1)(iii), you
must conduct a performance test or design evaluation to demonstrate
that the boiler or process heater meets the applicable emission limit
while operating at a residence time of 0.5 seconds or greater and at a
combustion zone temperature of 760[deg]C or higher.
(f) You must conduct a performance evaluation for each continuous
monitoring system according to the requirements in Sec. 63.8(e).
(g) If you are required to conduct a visual inspection of an
affected source, you must conduct the inspection according to the
procedures in Sec. 63.906(a)(1) for Tank Level 1 controls, Sec.
63.1063(d) for Tank Level 2 controls, Sec. 63.946(a) for a surface
impoundment equipped with a floating membrane
[[Page 58212]]
cover, Sec. 63.946(b) for a surface impoundment equipped with a cover
and vented to a control device, Sec. 63.1047(a) for a separator with a
fixed roof, Sec. 63.1047(c) for a separator equipped with a fixed roof
and vented to a control device, Sec. 63.695(c)(1)(i) or (c)(2)(i) for
a closed vent system, and Sec. 63.964(a) for individual drain systems.
(h) If you use Container Level 1 controls, you must conduct a test
to demonstrate that the container operates with no detectable organic
emissions using Method 21 (40 CFR part 60, appendix A) and the
procedures in Sec. 63.925(a).
(i) If you use Container Level 2 controls, you must conduct a test
to demonstrate that the container operates with no detectable organic
emissions or that the container is vapor-tight. You must conduct the
test using Method 21 (40 CFR part 60, appendix A) and the procedures in
Sec. 63.925(a) to demonstrate that the container operates with no
detectable organic emissions or Method 27 (40 CFR part 60, appendix A)
and the procedures in Sec. 63.925(b) to demonstrate that the container
is vapor-tight.
(j) If you locate an affected source inside a permanent total
enclosure that is vented to a control device, you must demonstrate that
the enclosure meets the verification criteria in section 5 of Procedure
T in 40 CFR 52.741, appendix B.
(k) If you use a fixed roof or a floating roof to control air
emissions from a separator, you must conduct a test to demonstrate that
the roof operates with no detectable organic emissions using Method 21
(40 CFR part 60, appendix A) and the procedures in Sec. 63.1046(a). If
you use a floating roof, you also must measure the seal gaps according
to the procedures in Sec. 63.1046(b).
(l) If you use a flare to control air emissions, you must conduct a
visible emissions test using Method 22 in 40 CFR part 60, appendix A,
and the procedures in Sec. 63.11(b)(4).
(m) For each initial compliance demonstration that requires a
performance test or design evaluation, you must report the results in
your notification of compliance status according to the requirements in
Sec. 63.7950(e)(1). For each initial compliance demonstration that
does not require a performance test or design evaluation, you must
submit a notification of compliance status according to the
requirements in Sec. 63.7950(e)(2).
Sec. 63.7942 When must I conduct subsequent performance tests?
For non-flare control devices, you must conduct performance tests
at any time the EPA requires you to according to Sec. 63.7(3).
Sec. 63.7943 How do I determine the average VOHAP concentration of my
remediation material?
(a) General requirements. You must determine the average total
VOHAP concentration of a remediation material at the point-of-
extraction using either direct measurement as specified in paragraph
(b) of this section or by knowledge as specified in paragraph (c) of
this section.
(b) Direct measurement. To determine the average total VOHAP
concentration of a remediation material at the point-of-extraction
using direct measurement, you must use the procedures in paragraphs
(b)(1) through (3) of this section.
(1) Sampling. Samples of each material stream must be collected at
the point-of-extraction in a manner such that volatilization of
organics contained in the sample is minimized and an adequately
representative sample is collected and maintained for analysis by the
selected method.
(i) The averaging period to be used for determining the average
total VOHAP concentration for the material stream on a mass-weighted
average basis must be designated and recorded. The averaging period can
represent any time interval that you determine is appropriate for the
material stream but must not exceed 1 year. For streams that are
combined, an averaging period representative for all streams must be
selected.
(ii) No less than four samples must be collected to represent the
complete range of HAP compositions and HAP quantities that occur in
each material stream during the entire averaging period due to normal
variations in the material stream(s). Examples of such normal
variations are variation of the HAP concentration within a
contamination area.
(iii) All samples must be collected and handled according to
written procedures you prepare and document in a site sampling plan.
This plan must describe the procedure by which representative samples
of the material stream(s) are collected such that a minimum loss of
organics occurs throughout the sample collection and handling process
and by which sample integrity is maintained. A copy of the written
sampling plan must be maintained on site in the facility operating
records. An example of an acceptable sampling plan includes a plan
incorporating sample collection and handling procedures according to
the guidance found in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846 or Method 25D
in 40 CFR part 60, appendix A.
(2) Analysis. Each collected sample must be prepared and analyzed
according to either one of the methods listed in Sec.
63.694(b)(2)(ii), or any current EPA Contracts Lab Program method (or
future revisions) capable of identifying all the HAP in Table 1 of this
subpart.
(3) Calculations. The average total VOHAP concentration (C) on a
mass-weighted basis must be calculated by using the results for all
samples analyzed according to paragraph (c)(2) of this section and
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.005
Where:
C = Average VOHAP concentration of the material on a mass-weighted
basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 per
stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
determined according to the requirements of paragraph (a)(3)(ii) of
this section, ppmw.
(c) Knowledge of the material. To determine the average total VOHAP
concentration of a remediation material at the point-of-extraction
using knowledge, you must use the procedures in paragraphs (c)(1)
through (3) of this section.
(1) Documentation must be prepared that presents the information
used as the basis for your knowledge of the material stream's average
VOHAP concentration. Examples of information that may be used as the
basis for knowledge include: material balances for the source(s)
generating each material stream; species-specific chemical test data
for the material stream from previous testing that are still applicable
to the current material stream; test data for material from the
contamination area(s) being remediated.
(2) If test data are used as the basis for knowledge, then you must
document
[[Page 58213]]
the test method, sampling protocol, and the means by which sampling
variability and analytical variability are accounted for in the
determination of the average VOHAP concentration. For example, you may
use HAP concentration test data for the material stream that are
validated according to Method 301 in 40 CFR part 63, appendix A as the
basis for knowledge of the material. This information must be provided
for each material stream where streams are combined.
(3) If you use species-specific chemical concentration test data as
the basis for knowledge of the material, you may adjust the test data
to the corresponding average VOHAP concentration value which would be
obtained had the material samples been analyzed using Method 305. To
adjust these data, the measured concentration for each individual HAP
chemical species contained in the material is multiplied by the
appropriate species-specific adjustment factor (fm305)
listed in Table 1 of this subpart.
(d) In the event that you and us disagree on a determination using
knowledge of the average total VOHAP concentration for a remediation
material, then the results from a determination of VOHAP concentration
using direct measurement by Method 305 in 40 CFR part 60 appendix A, as
specified in paragraph (b) of this section, will be used to determine
compliance with the applicable requirements of this subpart. We may
perform or request that you perform this determination using direct
measurement.
Sec. 63.7944 How do I determine the maximum HAP vapor pressure of my
remediation material?
(a) You must determine the maximum HAP vapor pressure of your
remediation material using either direct measurement as specified in
paragraph (b) of this section or by knowledge as specified in paragraph
(c) of this section.
(b) Direct measurement to determine the maximum HAP vapor pressure.
(1) Sampling. A sufficient number of samples must be collected to
be representative of the remediation material contained in the tank.
All samples must be collected and handled according to written
procedures prepared by you and documented in a site sampling plan. This
plan must describe the procedure by which representative samples of the
remediation material are collected such that a minimum loss of organics
occurs throughout the sample collection and handling process and by
which sample integrity is maintained. A copy of the written sampling
plan must be maintained on site in the facility site operating records.
An example of an acceptable sampling plan includes a plan incorporating
sample collection and handling procedures according to the guidance
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR part 60,
appendix A.
(2) Analysis. Any one of the following methods may be used to
analyze the samples and compute the maximum HAP vapor pressure of the
remediation material:
(i) Method 25E in 40 CFR part 60 appendix A;
(ii) Methods described in American Petroleum Institute Bulletin
2517, ``Evaporation Loss from External Floating Roof Tanks,'';
(iii) Methods obtained from standard reference texts;
(iv) ASTM Method 2879-83; or
(v) Any other method approved by the Administrator.
(c) Use of knowledge to determine the maximum HAP vapor pressure.
Documentation must be prepared and recorded that presents the
information used as the basis for your knowledge that the maximum HAP
vapor pressure of the remediation material is less than the maximum
vapor pressure limit listed in Table 2 of this subpart for the
applicable tank design capacity category.
(d) In the event that you and us disagree on a determination using
knowledge of the maximum HAP vapor pressure of the remediation
material, then the results from a determination of maximum HAP vapor
pressure using direct measurement by Method 25E in 40 CFR part 60
appendix A, as specified in paragraph (b) of this section, will be used
to determine compliance with the applicable requirements of this
subpart. We may perform or request that you perform this determination
using direct measurement.
Continuous Monitoring Systems
Sec. 63.7945 What are my monitoring installation, operation, and
maintenance requirements?
(a) Each CPMS must meet the requirements in paragraphs (a)(1)
through (4) of this section.
(1) Complete a minimum of one cycle of operation for each
successive 15-minute period.
(2) To calculate a valid hourly value, you must have at least three
of four equally spaced data values (or at least two, if that condition
is included to allow for periodic calibration checks) for that hour
from a CPMS that is not out of control according to the monitoring plan
referenced in Sec. 63.7935.
(3) To calculate the average emissions for each averaging period,
you must have at least 75 percent of the hourly averages for that
period using only block hourly average values that are based on valid
data (i.e., not from out-of-control periods).
(4) Unless otherwise specified, each CPMS must determine the hourly
average of all recorded readings and daily average, if required.
(b) You must record the results of each inspection, calibration,
and validation check.
(c) You must conduct a performance evaluation for each CPMS
according to the requirements in Sec. 63.8(e) and your site-specific
monitoring plan.
Sec. 63.7946 How do I monitor and collect data to demonstrate
continuous compliance?
(a) You must monitor and collect data according to this section and
your site-specific monitoring plan required in Sec. 63.7935.
(b) Except for monitor malfunctions, associated repairs, and
required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times that the affected source is operating.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, out of control periods and required quality
assurance or control activities in data averages and calculations used
to report emissions or operating levels, nor may such data be used in
fulfilling a minimum data availability requirement, if applicable. You
must use all the data collected during all other periods in assessing
the operation of the control device and associated control system.
Sec. 63.7947 What are my monitoring alternatives?
(a) As an alternative to the parametric monitoring required in this
subpart, you may install, calibrate, and operate a continuous emission
monitoring system (CEMS) to measure the control device outlet total
organic emissions or organic HAP emissions concentration.
(1) The CEMS used on combustion control devices must include a
diluent gas monitoring system (for O2 or CO2)
with the pollutant monitoring system in order to correct for dilution
(e.g., to 0 percent excess air).
(2) Each CEMS must complete a minimum of one cycle of operation
[[Page 58214]]
(sampling, analyzing, and data recording) for each successive 15-minute
period. Data must be reduced as specified in Sec. 63.8(g)(2).
(3) You must conduct a performance evaluation of the CEMS according
to the requirements in Sec. 63.8 and Performance Specification 8 (for
a total organic emissions CEMS) or Performance Specification 9 (for a
HAP emissions CEMS) and Performance Specification 3 (for an
O2 or CO2 CEMS) of 40 CFR part 60, appendix B.
The relative accuracy provision of Performance Specification 8,
sections 2.4 and 3 need not be conducted.
(4) You must prepare a site-specific monitoring plan for operating,
calibrating, and verifying the operation of your CEMS according to the
requirements in Sec. Sec. 63.8(c), (d), and (e).
(5) You must establish the emissions concentration operating limit
according to paragraphs (a)(5)(i) and (ii) of this section.
(i) During the performance test, you must monitor and record the
total organic or HAP emissions concentration at least once every 15
minutes during each of the three test runs.
(ii) Use the data collected during the performance test to
calculate and record the average total organic or HAP emissions
concentration maintained during the performance test. The average total
organic or HAP emissions concentration, corrected for dilution as
appropriate, is the maximum operating limit for your control device.
(b) You must maintain the daily (24-hour) average total organic or
HAP emissions concentration in the exhaust vent stream of the control
device outlet less than or equal to the site-specific operating limit
established during the performance test.
Notification, Reports, and Records
Sec. 63.7950 What notifications must I submit and when?
(a) You must submit all of the notifications in Sec. Sec. 63.7(b)
and (c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) through (h) that
apply to you.
(b) As specified in Sec. 63.9(b)(2), if you start up your affected
source before October 8, 2003, you must submit an Initial Notification
not later than 120 calendar days after October 8, 2003.
(c) As specified in Sec. 63.9(b)(3), if you start up your new or
reconstructed affected source on or after October 8, 2003, you must
submit an Initial Notification no later than 120 calendar days after
initial startup.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required in Sec. 63.7(b)(1).
(e) If you are required to conduct a performance test, design
evaluation, or other initial compliance demonstration, you must submit
a Notification of Compliance Status according to Sec. 63.9(h)(2)(ii).
(1) For each initial compliance demonstration that includes a
performance test or design evaluation, you must submit the Notification
of Compliance Status, including the performance test results, before
the close of business on the 60th calendar day following the completion
of the performance test according to Sec. 63.10(d)(2). You must submit
the complete design evaluation and supporting documentation.
(2) For each initial compliance demonstration that does not include
a performance test, you must submit the Notification of Compliance
Status before the close of business on the 30th calendar day following
the completion of the initial compliance demonstration.
(f) You must provide written notification to the Administrator of
the alternative standard selected under Sec. 63.1006(b)(5) or (6)
before implementing either of the provisions.
Sec. 63.7951 What reports must I submit and when?
(a) Compliance report due dates. Unless the Administrator has
approved a different schedule, you must submit a semiannual compliance
report to your permitting authority according to the requirements
specified in paragraphs (a)(1) through (5) of this section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.7883 and ending on June 30 or December 31, whichever date comes
first after the compliance date that is specified for your affected
source.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date comes first after your
first compliance report is due.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date comes
first after the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of the dates specified in paragraphs (a)(1) through (4) of this
section.
(b) Compliance report contents. Each compliance report must include
the information specified in paragraphs (b)(1) through (3) of this
section and, as applicable, paragraphs (b)(4) through (9) of this
section.
(1) Company name and address.
(2) Statement by a responsible official, with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown, or malfunction during the
reporting period and you took action consistent with your startup,
shutdown, and malfunction plan, the compliance report must include the
information in Sec. 63.10(d)(5)(i).
(5) If there were no deviations from any emissions limitations
(including operating limit), work practice standards, or operation and
maintenance requirements, a statement that there were no deviations
from the emissions limitations, work practice standards, or operation
and maintenance requirements during the reporting period.
(6) If there were no periods during which a continuous monitoring
system (including a CPMS or CEMS) was out-of-control as specified by
Sec. 63.8(c)(7), a statement that there were no periods during which
the CPMS was out-of-control during the reporting period.
(7) For each deviation from an emissions limitation (including an
operating limit) that occurs at an affected source for which you are
not using a continuous monitoring system (including a CPMS or CEMS) to
comply with an emissions limitation or work practice standard required
in this subpart, the compliance report must contain the information
specified in paragraphs (b)(1) through (4) and (b)(7)(i) and (ii) of
this section. This requirement includes periods of startup, shutdown,
and malfunction.
(i) The total operating time of each affected source during the
reporting period.
[[Page 58215]]
(ii) Information on the number, duration, and cause of deviations
(including unknown cause) as applicable and the corrective action
taken.
(8) For each deviation from an emissions limitation (including an
operating limit) or work practice standard occurring at an affected
source where you are using a continuous monitoring system (including a
CPMS or CEMS) to comply with the emissions limitations or work practice
standard in this subpart, you must include the information specified in
paragraphs (b)(1) through (4) and (b)(8)(i) through (xi) of this
section. This requirement includes periods of startup, shutdown, and
malfunction.
(i) The date and time that each malfunction started and stopped.
(ii) The date and time that each continuous monitoring system was
inoperative, except for zero (low-level) and high-level checks.
(iii) The date, time, and duration that each continuous monitoring
system was out-of-control, including the information in Sec.
63.8(c)(8).
(iv) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown,
or malfunction or during another period.
(v) A summary of the total duration of the deviations during the
reporting period and the total duration as a percent of the total
source operating time during that reporting period.
(vi) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and unknown
causes.
(vii) A summary of the total duration of continuous monitoring
system downtime during the reporting period and the total duration of
continuous monitoring system downtime as a percent of the total source
operating time during the reporting period.
(viii) A brief description of the process units.
(ix) A brief description of the continuous monitoring system.
(x) The date of the latest continuous monitoring system
certification or audit.
(xi) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(9) You must include the information on equipment leaks required in
periodic reports by Sec. 63.1018(a) or Sec. 63.1039(b).
(c) Immediate startup, shutdown, and malfunction report. If you had
a startup, shutdown, or malfunction during the semiannual reporting
period that was not consistent with your startup, shutdown, and
malfunction plan, you must submit an immediate startup, shutdown, and
malfunction report according to the requirements of Sec.
63.10(d)(5)(ii) .
(d) Part 70 monitoring report. If you have obtained a title V
operating permit for an affected source pursuant to 40 CFR part 70 or
40 CFR part 71, you must report all deviations as defined in this
subpart in the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a
compliance report for an affected source along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or
40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the
required information concerning deviations from any emissions
limitation or operation and maintenance requirement in this subpart,
submission of the compliance report satisfies any obligation to report
the same deviations in the semiannual monitoring report. However,
submission of a compliance report does not otherwise affect any
obligation you may have to report deviations from permit requirements
for an affected source to your permitting authority.
Sec. 63.7952 What records must I keep?
(a) You must keep the records specified in paragraphs (a)(1)
through (4) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec. 63.10(b)(1) and
(b)(2)(xiv).
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startups, shutdowns, and malfunctions.
(3) Results of performance tests and performance evaluations as
required by Sec. 63.10(b)(2)(viii).
(4) The records of initial and ongoing determinations for affected
sources that are exempt from control requirements under this subpart.
(b) For each continuous monitoring system, you must keep the
records as described in paragraphs (b)(1) and (2) of this section.
(1) Records described in Sec. 63.10(b)(2)(vi) through (xi) that
apply to your continuous monitoring system.
(2) Performance evaluation plans, including previous (i.e.,
superseded) versions of the plan as required in Sec. 63.8(d)(3).
(c) You must keep the records required by this subpart to show
continuous compliance with each emissions limitation, work practice
standard, and operation and maintenance requirement that applies to
you.
(d) You must record, on a semiannual basis, the information in
Sec. 63.696(g) for planned routine maintenance of a control device for
emissions from process vents.
Sec. 63.7953 In what form and how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(b) As specified in Sec. 63.10(b)(1), you must keep your files of
all information (including all reports and notifications) for 5 years
following the date of each occurrence, measurement, maintenance, action
taken to correct the cause of a deviation, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, according to Sec. 63.10(b)(1). You can keep
the records off-site for the remaining 3 years.
(d) If, after the remediation activity is completed, there is no
other remediation activity at the facility, and you are no longer the
owner of the facility, you may keep all records for the completed
remediation activity at an off-site location provided you notify the
Administrator in writing of the name, address and contact person for
the off-site location.
Other Requirements and Information
Sec. 63.7955 What parts of the General Provisions apply to me?
Table 3 of this subpart shows which parts of the General Provisions
in Sec. Sec. 63.1 through 63.15 apply to you.
Sec. 63.7956 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by us, the EPA, or
a delegated authority such as your State, local, or tribal agency. If
the EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency, in addition to the EPA, has the
authority to implement and enforce this subpart. You should contact
your EPA Regional Office (see list in Sec. 63.13) to find out if this
subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under section 40 CFR part
63, subpart E, the authorities contained in paragraph (c) of this
section are retained by the
[[Page 58216]]
Administrator of EPA and are not transferred to the State, local, or
tribal agency.
(c) The authorities that cannot be delegated to State, local, or
tribal agencies are listed in paragraphs (a)(1) through (4) of this
section.
(1) Approval of alternatives to the non-opacity emissions
limitations and work practice standards in this subpart under Sec.
63.6(g).
(2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major changes to monitoring under Sec. 63.8(f) and
as defined in Sec. 63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.7957 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in Sec. 63.2,
and in this section. If a term is defined both in this section and in
another subpart cross-referenced by this subpart, then the term will
have the meaning given in this section for purposes of this subpart.
Boiler means an enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
Closed vent system means a system that is not open to the
atmosphere and is composed of hard-piping, ductwork, connections, and,
if necessary, fans, blowers, or other flow-inducing device that conveys
gas or vapor from an emissions point to a control device.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that prevents or reduces air pollutant emissions to the
atmosphere by blocking an opening in a cover when the device is secured
in the closed position. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually
operated (e.g., a hinged access lid or hatch), or automatically
operated (e.g., a spring-loaded pressure relief valve).
Container means a portable unit used to hold material. Examples of
containers include, but are not limited to drums, dumpsters, roll-off
boxes, bulk cargo containers commonly known as portable tanks or totes,
cargo tank trucks, dump trucks, and rail cars. For the purpose of this
subpart, a front-end loader, excavator, backhoe, or other type of self-
propelled excavation equipment is not a container.
Continuous record means documentation of data values measured at
least once every 15 minutes and recorded at the frequency specified in
this subpart.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minutes or more frequent block averages.
Control device means equipment used recovering, removing,
oxidizing, or destroying organic vapors. Examples of such equipment
include but are not limited to carbon adsorbers, condensers, vapor
incinerators, flares, boilers, and process heaters.
Cover means a device that prevents or reduces air pollutant
emissions to the atmosphere by forming a continuous barrier over the
remediation material managed in a unit. A cover may have openings (such
as access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can
be detached and removed from the unit (such as a tarp) or a cover may
be formed by structural features permanently integrated into the design
of the unit.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation
(including any operating limit), or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emissions limitation,(including any operating
limit), or work practice standard in this subpart during startup,
shutdown, or malfunction, regardless or whether or not such failure is
permitted by this subpart.
Emissions limitation means any emissions limit, opacity limit,
operating limit, or visible emissions limit.
Emissions point means an individual tank, surface impoundment,
container, oil-water, organic-water separator, transfer system, vent,
or enclosure.
Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapor through a closed vent system to a control device.
Equipment means each pump, pressure relief device, sampling
connection system, valve, and connector used in remediation material
service at a facility.
External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a tank with no fixed roof.
Facility means all contiguous or adjoining property that is under
common control including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof. A unit or group of units within
a contiguous property that are not under common control (e.g., a
wastewater treatment unit located at the facility but is owned by a
different company) is a different facility.
Fixed roof means a cover that is mounted on a unit in a stationary
position and does not move with fluctuations in the level of the liquid
managed in the unit.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a cover consisting of a double deck, pontoon
single deck, or internal floating cover which rests upon and is
supported by the liquid being contained, and is equipped with a
continuous seal.
Flow indicator means a device that indicates whether gas is
flowing, or whether the valve position would allow gas to flow in a
bypass line.
Hard-piping means pipe or tubing that is manufactured and properly
installed according to relevant standards and good engineering
practices.
Individual drain system means a stationary system used to convey
wastewater streams or residuals to a remediation material management
unit or to discharge or disposal. The term includes hard-piping, all
drains and junction boxes, together with their associated sewer lines
and other junction boxes (e.g., manholes, sumps, and lift stations)
conveying wastewater streams or residuals. For the purpose of this
subpart, an individual drain system is not a drain and collection
system that is designed and operated for the sole purpose of collecting
rainfall runoff (e.g., stormwater sewer system) and is segregated from
all other individual drain systems.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it inside
a tank that has a fixed roof).
Maximum HAP vapor pressure means the sum of the individual HAP
equilibrium partial pressure exerted by
[[Page 58217]]
remediation material at the temperature equal to either: the monthly
average temperature as reported by the National Weather Service when
the remediation material is stored or treated at ambient temperature;
or the highest calendar-month average temperature of the remediation
material when the remediation material is stored at temperatures above
the ambient temperature or when the remediation material is stored or
treated at temperatures below the ambient temperature. For the purpose
of this subpart, maximum HAP vapor pressure is determined using the
procedures specified in Sec. 63.7944.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec.
63.694(k).
Oil-water separator means a separator as defined for this subpart
that is used to separate oil from water.
Operating parameter value means a minimum or maximum value
established for a control device or treatment process parameter which,
if achieved by itself or in combination with one or more other
operating parameter values, determines that an owner or operator has
complied with an applicable emissions limitation or standard.
Organic-water separator means a separator as defined for this
subpart that is used to separate organics from water.
Point-of-extraction means a point above ground where you can
collect samples of a remediation material before or at the first point
where organic constituents in the material have the potential to
volatilize and be released to the atmosphere and before placing the
material in a remediation material management unit or treatment
process. For the purpose this subpart, the first point where the
organic constituents in the remediation material have the potential to
volatilize and be released to the atmosphere is not a fugitive
emissions point due to an equipment leak from any of the following
equipment components: pumps, compressors, valves, connectors,
instrumentation systems, or safety devices.
Process heater means an enclosed combustion device that transfers
heat released by burning fuel directly to process streams or to heat
transfer liquids other than water.
Process vent means any open-ended pipe, stack, duct, or other
opening intended to allow the passage of gases, vapors, or fumes to the
atmosphere and this passage is caused by mechanical means (such as
compressors, vacuum-producing systems or fans) or by process-related
means (such as volatilization produced by heating). For the purposes of
this subpart, a process vent is neither a safety device (as defined in
this section) nor a stack, duct or other opening used to exhaust
combustion products from a boiler, furnace, heater, incinerator, or
other combustion device.
Radioactive mixed waste means a material that contains both
hazardous waste subject to RCRA and source, special nuclear, or by-
product material subject to the Atomic Energy Act of 1954.
Remediation material means a material that contains one or more of
the HAP listed in Table 1 of this subpart, and this material is one of
the following:
(1) A material found in naturally occurring media such as soil,
groundwater, surface water, sediments, or a mixture of such materials
with liquids, sludges, or solids which is inseparable by simple
mechanical removal processes and is made up primarily of media. This
material does not include debris as defined in 40 CFR 268.2.
(2) A material found in intact or substantially intact containers,
tanks, storage piles, or other storage units that requires clean up
because this material poses a reasonable potential threat to
contaminating media. Examples of these materials include, but are not
limited to, solvents, oils, paints, and other volatile or semi-volatile
organic liquids found in buried drums, cans, or other containers;
gasoline, fuel oil, or other fuels in leaking underground storage
tanks; and solid materials containing volatile or semi-volatile
organics in unused or abandoned piles. Remediation material is not a
waste or residue generated by routine equipment maintenance activities
performed at a facility such as, but not limited to, tank bottoms and
sludges removed during tank cleanouts; sludges and sediments removed
from active wastewater treatment tanks, surface impoundments, or
lagoons; spent catalyst removed from process equipment; residues
removed from air pollution control equipment; and debris removed during
heat exchanger and pipeline cleanouts.
Remediation material management unit means a tank, container,
surface impoundment, oil-water separator, organic-water separator, or
transfer system used to remove, destroy, degrade, transform,
immobilize, or otherwise manage remediation material.
Remediation material service means any time when a pump,
compressor, agitator, pressure relief device, sampling connection
system, open-ended valve or line, valve, connector, or instrumentation
system contains or contacts remediation material.
Responsible official means responsible official as defined in 40
CFR 70.2.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this Subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace
in response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another
relevant parameter, exceeds the device threshold setting applicable to
the equipment as determined by the owner or operator based on
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, combustible,
explosive, reactive, or hazardous materials.
Separator means a remediation material management unit, generally a
tank, used to separate oil or organics from water. A separator consists
of not only the separation unit but also the forebay and other
separator basins, skimmers, weirs, grit chambers, sludge hoppers, and
bar screens that are located directly after the individual drain system
and prior to any additional treatment units such as an air flotation
unit clarifier or biological treatment unit. Examples of a separator
include, but are not limited to, an API separator, parallel-plate
interceptor, and corrugated-plate interceptor with the associated
ancillary equipment.
Site remediation means one or more activities or processes used to
remove, destroy, degrade, transform, immobilize, or otherwise manage
remediation material. The monitoring or measuring of contamination
levels in environmental media using wells or by sampling is not
considered to be a site remediation.
Sludge means sludge as defined in Sec. 260.10 of this chapter.
Soil means unconsolidated earth material composing the superficial
geologic strata (material overlying bedrock), consisting of clay, silt,
sand,
[[Page 58218]]
or gravel size particles (sizes as classified by the U.S. Soil
Conservation Service), or a mixture of such materials with liquids,
sludges, or solids which is inseparable by simple mechanical removal
processes and is made up primarily of soil.
Stabilization process means any physical or chemical process used
to either reduce the mobility of contaminants in media or eliminate
free liquids as determined by Test Method 9095--Paint Filter Liquids
Test in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication No. SW-846, Third Edition, September 1986,
as amended by Update I, November 15, 1992. (As an alternative, you may
use any more recent, updated version of Method 9095 approved by the
EPA). A stabilization process includes mixing remediation material with
binders or other materials, and curing the resulting remediation
material and binder mixture. Other synonymous terms used to refer to
this process are fixation or solidification. A stabilization process
does not include the adding of absorbent materials to the surface of
remediation material, without mixing, agitation, or subsequent curing,
to absorb free liquid.
Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials),
which is designed to hold an accumulation of liquids. Examples of
surface impoundments include holding, storage, settling, and aeration
pits, ponds, and lagoons.
Tank means a stationary unit that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support and is designed to hold an
accumulation of liquids or other materials.
Temperature monitoring device means a piece of equipment used to
monitor temperature and having an accuracy of +/-1 percent of the
temperature being monitored expressed in degrees Celsius ([deg]C) or +/
-1.2 degrees [deg]C, whichever value is greater.
Transfer system means a stationary system for which the predominant
function is to convey liquids or solid materials from one point to
another point within waste management operation or recovery operation.
For the purpose of this subpart, the conveyance of material using a
container (as defined of this subpart) or self-propelled vehicle (e.g.,
a front-end loader) is not a transfer system. Examples of a transfer
system include but are not limited to a pipeline, an individual drain
system, a gravity-operated conveyor (such as a chute), and a
mechanically-powered conveyor (such as a belt or screw conveyor).
Treatment process means a process in which remediation material is
physically, chemically, thermally, or biologically treated to destroy,
degrade, or remove hazardous air pollutants contained in the material.
A treatment process can be composed of a single unit (e.g., a steam
stripper) or a series of units (e.g., a wastewater treatment system). A
treatment process can be used to treat one or more remediation material
streams at the same time.
Volatile organic hazardous air pollutant (VOHAP) concentration
means the fraction by weight of the HAP listed in Table 1 of this
subpart that are contained in the remediation material as measured
using Method 305, 40 CFR part 63, appendix A and expressed in terms of
parts per million (ppm). As an alternative to using Method 305, 40 CFR
part 63, appendix A, you may determine the HAP concentration of the
remediation material using any one of the other test methods specified
in Sec. 63.694(b)(2)(ii). When a test method specified in Sec.
63.694(b)(2)(ii) other than Method 305 in 40 CFR part 63, appendix A is
used to determine the speciated HAP concentration of the contaminated
material, the individual compound concentration may be adjusted by the
corresponding fm305 listed in Table 1 of this subpart to
determine a VOHAP concentration.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.
Tables to Subpart GGGGG of Part 63
Table 1 to Subpart GGGGG of Part 63.--List of Hazardous Air Pollutants.
----------------------------------------------------------------------------------------------------------------
CAS No.\a\ Compound name fm305
----------------------------------------------------------------------------------------------------------------
75070.............................................. Acetaldehyde................................... 1.000
75058.............................................. Acetonitrile................................... 0.989
98862.............................................. Acetophenone................................... 0.314
107028............................................. Acrolein....................................... 1.000
107131............................................. Acrylonitrile.................................. 0.999
107051............................................. Allyl chloride................................. 1.000
71432.............................................. Benzene (includes benzene in gasoline)......... 1.000
98077.............................................. Benzotrichloride (isomers and mixture)......... 0.958
100447............................................. Benzyl chloride................................ 1.000
92524.............................................. Biphenyl....................................... 0.864
542881............................................. Bis(chloromethyl)ether\b\...................... 0.999
75252.............................................. Bromoform...................................... 0.998
106990............................................. 1,3-Butadiene.................................. 1.000
75150.............................................. Carbon disulfide............................... 1.000
56235.............................................. Carbon Tetrachloride........................... 1.000
43581.............................................. Carbonyl sulfide............................... 1.000
133904............................................. Chloramben..................................... 0.633
108907............................................. Chlorobenzene.................................. 1.000
67663.............................................. Chloroform..................................... 1.000
107302............................................. Chloromethyl methyl ether\b\................... 1.000
126998............................................. Chloroprene.................................... 1.000
98828.............................................. Cumene......................................... 1.000
94757.............................................. 2,4-D, salts and esters........................ 0.167
334883............................................. Diazomethane\c\................................ 0.999
132649............................................. Dibenzofurans.................................. 0.967
96128.............................................. 1,2-Dibromo-3-chloropropane.................... 1.000
106467............................................. 1,4-Dichlorobenzene(p)......................... 1.000
107062............................................. Dichloroethane (Ethylene dichloride)........... 1.000
111444............................................. Dichloroethyl ether (Bis(2-chloroethyl ether)). 0.757
[[Page 58219]]
542756............................................. 1,3-Dichloropropene............................ 1.000
79447.............................................. Dimethyl carbamoyl chloride\c\................. 0.150
57147.............................................. 1,1-Dimethyl hydrazine......................... ..........
64675.............................................. Diethyl sulfate................................ 0.0025
77781.............................................. Dimethyl sulfate............................... 0.086
121697............................................. N,N-Dimethylaniline............................ 0.0008
51285.............................................. 2,4-Dinitrophenol.............................. 0.0077
121142............................................. 2,4-Dinitrotoluene............................. 0.0848
123911............................................. 1,4-Dioxane (1,4-Diethyleneoxide).............. 0.869
106898............................................. Epichlorohydrin (1-Chloro-2,3-epoxypropane).... 0.939
106887............................................. 1,2-Epoxybutane................................ 1.000
140885............................................. Ethyl acrylate................................. 1.000
100414............................................. Ethyl benzene.................................. 1.000
75003.............................................. Ethyl chloride (Chloroethane).................. 1.000
106934............................................. Ethylene dibromide (Dibromoethane)............. 0.999
107062............................................. Ethylene dichloride (1,2-Dichloroethane)....... 1.000
151564............................................. Ethylene imine (Aziridine)..................... 0.867
75218.............................................. Ethylene oxide................................. 1.000
75343.............................................. Ethylidene dichloride (1,1-Dichloroethane)..... 1.000
Glycol ethers\d\ that have a Henry's Law (\e\)
constant value equal to or greater than 0.1 Y/
X(1.8 x 10-6 atm/gm-mole/m\3\) at 25[deg] C.
118741............................................. Hexachlorobenzene.............................. 0.97
87683.............................................. Hexachlorobutadiene............................ 0.88
67721.............................................. Hexachloroethane............................... 0.499
110543............................................. Hexane......................................... 1.000
78591.............................................. Isophorone..................................... 0.506
58899.............................................. Lindane (all isomers).......................... 1.000
67561.............................................. Methanol....................................... 0.855
74839.............................................. Methyl bromide (Bromomethane).................. 1.000
74873.............................................. Methyl chloride (Chloromethane)................ 1.000
71556.............................................. Methyl chloroform (1,1,1-Trichloroethane)...... 1.000
78933.............................................. Methyl ethyl ketone (2-Butanone)............... 0.990
74884.............................................. Methyl iodide (Iodomethane).................... 1.000
108101............................................. Methyl isobutyl ketone (Hexone)................ 0.979
624839............................................. Methyl isocyanate.............................. 1.000
80626.............................................. Methyl methacrylate............................ 0.999
1634044............................................ Methyl tert butyl ether........................ 1.000
75092.............................................. Methylene chloride (Dichloromethane)........... 1.000
91203.............................................. Naphthalene.................................... 0.994
98953.............................................. Nitrobenzene................................... 0.394
79469.............................................. 2-Nitropropane................................. 0.989
82688.............................................. Pentachloronitrobenzene (Quintobenzene)........ 0.839
87865.............................................. Pentachlorophenol.............................. 0.0898
75445.............................................. Phosgene\c\.................................... 1.000
123386............................................. Propionaldehyde................................ 0.999
78875.............................................. Propylene dichloride (1,2-Dichloropropane)..... 1.000
75569.............................................. Propylene oxide................................ 1.000
75558.............................................. 1,2-Propylenimine (2-Methyl aziridine)......... 0.945
100425............................................. Styrene........................................ 1.000
96093.............................................. Styrene oxide.................................. 0.830
79345.............................................. 1,1,2,2-Tetrachloroethane...................... 0.999
127184............................................. Tetrachloroethylene (Perchloroethylene)........ 1.000
108883............................................. Toluene........................................ 1.000
95534.............................................. o-Toluidine.................................... 0.152
120821............................................. 1,2,4-Trichlorobenzene......................... 1.000
71556.............................................. 1,1,1-Trichloroethane (Methyl chloroform)...... 1.000
79005.............................................. 1,1,2-Trichloroethane (Vinyl trichloride)...... 1.000
79016.............................................. Trichloroethylene.............................. 1.000
95954.............................................. 2,4,5-Trichlorophenol.......................... 0.108
88062.............................................. 2,4,6-Trichlorophenol.......................... 0.132
121448............................................. Triethylamine.................................. 1.000
540841............................................. 2,2,4-Trimethylpentane......................... 1.000
108054............................................. Vinyl acetate.................................. 1.000
593602............................................. Vinyl bromide.................................. 1.000
75014.............................................. Vinyl chloride................................. 1.000
75354.............................................. Vinylidene chloride (1,1-Dichloroethylene)..... 1.000
1330207............................................ Xylenes (isomers and mixture).................. 1.000
95476.............................................. o-Xylenes...................................... 1.000
108383............................................. m-Xylenes...................................... 1.000
106423............................................. p-Xylenes...................................... 1.000
----------------------------------------------------------------------------------------------------------------
Notes:
[[Page 58220]]
1. fm305 = Fraction measure factor in Method 305, 40 CFR part 63, appendix A.
\a\ CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds,
isomers, or mixtures of compounds.
\b\ Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
\c\ Denotes a HAP that may react violently with water.
\d\ Denotes a HAP that hydrolyzes slowly in water.
\e\ The fm305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
Table 2 to Subpart GGGGG of Part 63.--Control Levels as Required by Sec.
63.7895(a) for Tanks Managing Remediation Material With a Maximum HAP
Vapor Pressure Less Than 76.6 kPa
------------------------------------------------------------------------
And the maximum HAP
vapor pressure of
If your tank design capacity the remediation Then your tank must
is . . . material placed in use . . .
your tank is . . .
------------------------------------------------------------------------
1. Less than 38 m\3\........ Less than 76.6 kPa.. Tank Level 1
controls under Sec.
63.7895(b).
2. At least 38 m\3\ but less Less than 13.1 kPa.. Tank Level 1
than 151 m\3\. controls under Sec.
63.7895(b).
3. 151 m\3\ or greater...... Less than 0.7 kPa... Tank Level 1
controls under Sec.
63.7895(b).
4. at least 38 m\3\ but less 13.1 kPa or greater. Tank Level 2
than 151 m\3\. controls under Sec.
63.7895(c).
5. 151 m\3\ or greater...... 0.7 kPa or greater.. Tank Level 2
controls under Sec.
63.7895(c)
------------------------------------------------------------------------
As stated in Sec. 63.7940, you must comply with the applicable
General Provisions requirements according to the following table:
Table 3 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG
----------------------------------------------------------------------------------------------------------------
Citation Subject Brief description Applies to subpart GGGGG
----------------------------------------------------------------------------------------------------------------
Sec. 63.1................... Applicability........... Initial Applicability Yes.
Determination;
Applicability After
Standard Established;
Permit Requirements;
Extensions,
Notifications.
Sec. 63.2................... Definitions............. Definitions for part 63 Yes.
standards.
Sec. 63.3................... Units and Abbreviations. Units and abbreviations Yes.
for part 63 standards.
Sec. 63.4................... Prohibited Activities... Prohibited Activities; Yes.
Compliance date;
Circumvention,
Severability.
Sec. 63.5................... Construction/ Applicability; Yes.
Reconstruction. applications;
approvals.
Sec. 63.6(a)................ Applicability........... General Provisions (GP) Yes.
apply unless
compliance extension
GP apply to area
sources that become
major.
Sec. 63.6(b)(1)-(4)......... Compliance Dates for New Standards apply at Yes.
and Reconstructed effective date; 3
sources. years after effective
date; upon startup; 10
years after
construction or
reconstruction
commences for 112(f).
Sec. 63.6(b)(5)............. Notification............ Must notify if Yes.
commenced construction
or reconstruction
after proposal.
Sec. 63.6(b)(6)............. [Reserved].............. ....................... .............................
Sec. 63.6(b)(7)............. Compliance Dates for New Area sources that Yes.
and Reconstructed Area become major must
Sources That Become comply with major
Major. source standards
immediately upon
becoming major,
regardless of whether
required to comply
when they were an area
source.
Sec. 63.6(c)(1)-(2)......... Compliance Dates for Comply according to Yes.
Existing Sources. date in subpart, which
must be no later than
3 years after
effective date. For
112(f) standards,
comply within 90 days
of effective date
unless compliance
extension.
Sec. 63.6(c)(3)-(4)......... [Reserved].............. ....................... .............................
Sec. 63.6(c)(5)............. Compliance Dates for Area sources that Yes.
Existing Area Sources become major must
That Become Major. comply with major
source standards by
date indicated in
subpart or by
equivalent time period
(for example, 3 years).
Sec. 63.6(d)................ [Reserved].............. ....................... .............................
Sec. 63.6(e)(1)-(2)......... Operation & Maintenance. Operate to minimize Yes.
emissions at all
times. Correct
malfunctions as soon
as practicable.
Operation and
maintenance
requirements
independently
enforceable;
information
Administrator will use
to determine if
operation and
maintenance
requirements were met.
Sec. 63.6(e)(3)............. Startup, Shutdown, and Requirement for Yes with the exception of
Malfunction Plan (SSMP). startup, shutdown and containers using either
malfunction (SSM) and Level 1 or Level 2 controls.
SSMP. Content of SSMP.
[[Page 58221]]
Sec. 63.6(f)(1)............. Compliance Except During You must comply with Yes.
SSM. emissions standards at
all times except
during SSM.
Sec. 63.6(f)(2)-(3)......... Methods for Determining Compliance based on Yes.
Compliance. performance test,
operation and
maintenance plans,
records, inspection.
Sec. 63.6(g)(1)-(3)......... Alternative Standard.... Procedures for getting Yes.
an alternative
standard.
Sec. 63.6(h)................ Opacity/Visible Requirements for No. No opacity standards.
Emissions (VE) opacity and visible
Standards. emissions limits.
Sec. 63.6(i)(1)-(14)........ Compliance Extension.... Procedures and criteria Yes.
for Administrator to
grant compliance
extension.
Sec. 63.6(j)................ Presidential Compliance President may exempt Yes.
Exemption. source category from
requirement to comply
with final rule.
Sec. 63.7(a)(1)-(2)......... Performance Test Dates.. Dates for Conducting Yes.
Initial Performance
Testing and Other
Compliance
Demonstrations. Must
conduct 180 days after
first subject to final
rule.
Sec. 63.7(a)(3)............. CAA Section 114 Administrator may Yes.
Authority. require a performance
test under CAA section
114 at any time.
Sec. 63.7(b)(1)............. Notification of Must notify Yes.
Performance Test. Administrator 60 days
before the test.
Sec. 63.7(b)(2)............. Notification of If rescheduling a Yes.
Rescheduling. performance test is
necessary, must notify
Administrator 5 days
before scheduled date
of rescheduled date.
Sec. 63.7(c)................ Quality Assurance/Test Requirement to submit
Plan. site-specific test
plan 60 days before
the test or on date
Administrator agrees
with: Test plan
approval procedures;
performance audit
requirements; internal
and External QA
procedures for testing.
Sec. 63.7(d)................ Testing Facilities...... Requirements for Yes.
testing facilities.
Sec. 63.7(e)(1)............. Conditions for Performance tests must Yes.
Conducting Performance be conducted under
Tests. representative
conditions. Cannot
conduct performance
tests during SSM. Not
a violation to exceed
standard during SSM.
Sec. 63.7(e)(2)............. Conditions for Must conduct according Yes.
Conducting Performance to rule and EPA test
Tests. methods unless
Administrator approves
alternative.
Sec. 63.7(e)(3)............. Test Run Duration....... Must have three test Yes.
runs of at least one
hour each. Compliance
is based on arithmetic
mean of three runs.
Conditions when data
from an additional
test run can be used.
Sec. 63.7(f)................ Alternative Test Method. Procedures by which Yes.
Administrator can
grant approval to use
an alternative test
method.
Sec. 63.7(g)................ Performance Test Data Must include raw data Yes.
Analysis. in performance test
report. Must submit
performance test data
60 days after end of
test with the
Notification of
Compliance Status.
Keep data for 5 years.
Sec. 63.7(h)................ Waiver of Tests......... Procedures for Yes.
Administrator to waive
performance test.
Sec. 63.8(a)(1)............. Applicability of Subject to all Yes.
Monitoring Requirements. monitoring
requirements in
standard.
Sec. 63.8(a)(2)............. Performance Performance Yes.
Specifications. Specifications in
appendix B of part 60
apply.
Sec. 63.8(a)(3)............. [Reserved]..............
Sec. 63.8(a)(4)............. Monitoring with Flares.. Unless your rule says Yes.
otherwise, the
requirements for
flares in 63.11 apply.
Sec. 63.8(b)(1)............. Monitoring.............. Must conduct monitoring Yes.
according to standard
unless Administrator
approves alternative.
Sec. 63.8(b)(2)-(3)......... Multiple Effluents and Specific requirements Yes.
Multiple Monitoring for installing
Systems. monitoring systems.
Must install on each
effluent before it is
combined and before it
is released to the
atmosphere unless
Administrator approves
otherwise. If more
than one monitoring
system on an emissions
point, must report all
monitoring system
results, unless one
monitoring system is a
backup.
[[Page 58222]]
Sec. 63.8(c)(1)............. Monitoring System Maintain monitoring Yes.
Operation and system in a manner
Maintenance. consistent with good
air pollution control
practices.
Sec. 63.8(c)(1)(i).......... Routine and Predictable Follow the SSM plan for Yes
SSM. routine repairs. Keep
parts for routine
repairs readily
available. Reporting
requirements for SSM
when action is
described in SSM plan.
Sec. 63.8(c)(1)(ii)......... SSM not in SSMP......... Reporting requirements Yes.
for SSM when action is
not described in SSM
plan.
Sec. 63.8(c)(1)(iii)........ Compliance with How Administrator Yes.
Operation and determines if source
Maintenance (O&M) complying with
Requirements. operation and
maintenance
requirements. Review
of source O&M
procedures, records,
Manufacturer's
instructions,
recommendations, and
inspection of
monitoring system.
Sec. 63.8(c)(2)-(3)......... Monitoring System Must install to get Yes.
Installation. representative
emissions and
parameter
measurements. Must
verify operational
status before or at
performance test.
Sec. 63.8(c)(4)............. Continuous Monitoring CMS must be operating No.
System (CMS) except during
Requirements. breakdown, out-of-
control, repair,
maintenance, and high-
level calibration
drifts.
Sec. 63.8(c)(4)(i)-(ii)..... Continuous Monitoring COMS must have a Yes. However, COMS are not
System (CMS) minimum of one cycle applicable. Requirements for
Requirements. of sampling and CPMS are listed in Sec.
analysis for each Sec. 63.7900 and 63.7913.
successive 10-second
period and one cycle
of data recording for
each successive 6-
minute period. CEMS
must have a minimum of
one cycle of operation
for each successive 15-
minute period.
Sec. 63.8(c)(5)............. COMS Minimum Procedures. COMS minimum procedures No.
Sec. 63.8(c)(6)............. CMS Requirements........ Zero and High level Yes. However requirements for
calibration check CPMS are addressed in Sec.
requirements. Sec. 63.7900 and 63.7913.
Sec. 63.8(c)(7)-(8)......... CMS Requirements........ Out-of-control periods, Yes.
including reporting.
Sec. 63.8(d)................ CMS Quality Control..... Requirements for CMS Yes.
quality control,
including calibration,
etc. Must keep quality
control plan on record
for 5 years. Keep old
versions for 5 years
after revisions.
Sec. 63.8(e)................ CMS Performance Notification, Yes.
Evaluation. performance evaluation
test plan, reports.
Sec. 63.8(f)(1)-(5)......... Alternative Monitoring Procedures for Yes.
Method. Administrator to
approve alternative
monitoring.
Sec. 63.8(f)(6)............. Alternative to Relative Procedures for No.
Accuracy Test. Administrator to
approve alternative
relative accuracy
tests for CEMS.
Sec. 63.8(g)(1)-(4)......... Data Reduction.......... COMS 6-minute averages Yes. However, COMS are not
calculated over at applicable. Requirements for
least 36 evenly spaced CPMS are addressed in Sec.
data points. CEMS 1- Sec. 63.7900 and 63.7913.
hour averages computed
over at least four
equally spaced data
points.
Sec. 63.8(g)(5)............. Data Reduction.......... Data that cannot be No.
used in computing
averages for CEMS and
COMS.
Sec. 63.9(a)................ Notification Applicability and State Yes.
Requirements. Delegation.
Sec. 63.9(b)(1)-(5)......... Initial Notifications... Submit notification 120 Yes.
days after effective
date. Notification of
intent to construct/
reconstruct;
Notification of
commencement of
construct/reconstruct;
Notification of
startup. Contents of
each.
Sec. 63.9(c)................ Request for Compliance Can request if cannot Yes.
Extension. comply by date or if
installed BACT/LAER.
Sec. 63.9(d)................ Notification of Special For sources that Yes.
Compliance Requirements commence construction
for New Source. between proposal and
promulgation and want
to comply 3 years
after effective date.
Sec. 63.9(e)................ Notification of Notify Administrator 60 Yes.
Performance Test. days prior.
Sec. 63.9(f)................ Notification of VE/ Notify Administrator 30 No.
Opacity Test. days prior.
[[Page 58223]]
Sec. 63.9(g)................ Additional Notifications Notification of Yes. However, there are no
When Using CMS. performance opacity standards.
evaluation.
Notification using
COMS data.
Notification that
exceeded criterion for
relative accuracy.
Sec. 63.9(h)(1)-(6)......... Notification of Contents. Due 60 days Yes.
Compliance Status. after end of
performance test or
other compliance
demonstration, except
for opacity/VE, which
are due 30 days after.
When to submit to
Federal vs. State
authority.
Sec. 63.9(i)................ Adjustment of Submittal Procedures for Yes.
Deadlines. Administrator to
approve change in when
notifications must be
submitted.
Sec. 63.9(j)................ Change in Previous Must submit within 15 Yes.
Information. days after the change.
Sec. 63.10(a)............... Recordkeeping/Reporting. Applies to all, unless Yes.
compliance extension.
When to submit to
Federal vs. State
authority. Procedures
for owners of more
than 1 source.
Sec. 63.10(b)(1)............ Recordkeeping/Reporting. General Requirements. Yes.
Keep all records
readily available.
Keep for 5 years.
Sec. 63.10(b)(2)(i)-(iv).... Records related to SSM.. Occurrence of each of Yes.
operation (process
equipment). Occurrence
of each malfunction of
air pollution
equipment. Maintenance
on air pollution
control equipment.
Actions during
startup, shutdown, and
malfunction.
Sec. 63.10(b)(2)(vi) and (x- CMS Records............. Malfunctions, Yes.
xi). inoperative, out-of-
control. Calibration
checks. Adjustments,
maintenance.
Sec. 63.10(b)(2)(vii)-(ix).. Records................. Measurements to Yes.
demonstrate compliance
with emissions
limitations.
Performance test,
performance
evaluation, and
visible emissions
observation results.
Measurements to
determine conditions
of performance tests
and performance
evaluations.
Sec. 63.10(b)(2)(xii)....... Records................. Records when under Yes.
waiver.
Sec. 63.10(b)(2)(xiii)...... Records................. Records when using No.
alternative to
relative accuracy test.
Sec. 63.10(b)(2)(xiv)....... Records................. All documentation Yes.
supporting Initial
Notification and
Notification of
Compliance Status.
Sec. 63.10(b)(3)............ Records................. Applicability Yes.
Determinations.
Sec. 63.10(c)............... Records................. Additional Records for No.
CMS.
Sec. 63.10(d)(1)............ General Reporting Requirement to report.. Yes.
Requirements.
Sec. 63.10(d)(2)............ Report of Performance When to submit to Yes.
Test Results. Federal or State
authority.
Sec. 63.10(d)(3)............ Reporting Opacity or VE What to report and when No.
Observations.
Sec. 63.10(d)(4)............ Progress Reports........ Must submit progress Yes.
reports on schedule if
under compliance
extension.
Sec. 63.10(d)(5)............ Startup, Shutdown, and Contents and submission Yes.
Malfunction Reports.
Sec. 63.10(e)(1)-(2)........ Additional CMS Reports.. Must report results for Yes. However, COMS are not
each CEM on a unit applicable.
Written copy of
performance evaluation
Three copies of COMS
performance evaluation.
Sec. 63.10(e)(3)............ Reports................. Excess Emissions No.
Reports.
Sec. 63.10(e)(3)(i-iii)..... Reports................. Schedule for reporting No.
excess emissions and
parameter monitor
exceedance (now
defined as deviations).
Sec. 63.10(e)(3)(iv-v)...... Excess Emissions Reports Requirement to revert No.
to quarterly
submission if there is
an excess emissions
and parameter monitor
exceedance (now
defined as
deviations). Provision
to request semiannual
reporting after
compliance for one
year. Submit report by
30th day following end
of quarter or calendar
half. If there has not
been an exceedance or
excess emissions (now
defined as
deviations), report
contents is a
statement that there
have been no
deviations.
Sec. 63.10(e)(3)(iv-v)...... Excess Emissions Reports Must submit report No.
containing all of the
information in Sec.
Sec. 63.10(c)(5-13)
and 63.8(c)(7-8).
[[Page 58224]]
Sec. 63.10(e)(3)(vi-viii)... Excess Emissions Report Requirements for No.
and Summary Report. reporting excess
emissions for CMSs
(now called
deviations). Requires
all of the information
in Sec. Sec.
63.10(c)(5-13) and
63.8(c)(7-8).
Sec. 63.10(e)(4)............ Reporting COMS data..... Must submit COMS data No.
with performance test
data.
Sec. 63.10(f)............... Waiver for Recordkeeping/ Procedures for Yes.
Reporting. Administrator to waive.
Sec. 63.11.................. Flares.................. Requirements for flares Yes.
Sec. 63.12.................. Delegation.............. State authority to Yes.
enforce standards.
Sec. 63.13.................. Addresses............... Addresses where Yes.
reports,
notifications, and
requests are sent.
Sec. 63.14.................. Incorporation by Test methods Yes.
Reference. incorporated by
reference.
Sec. 63.15.................. Availability of Public and confidential Yes
Information. information.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 03-21918 Filed 10-7-03; 8:45 am]
BILLING CODE 6560-50-P