[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1250]

[Page 111-115]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR 
 
 Subpart GGG_National Emission Standards for Pharmaceuticals Production
 
Sec.  63.1250  Applicability.

    Source: 63 FR 50326, Sept. 21, 1998, unless otherwise noted.


    (a) Definition of affected source. (1) The affected source subject 
to this subpart consists of the pharmaceutical manufacturing operations 
as defined in Sec.  63.1251. Except as specified in paragraph (d) of 
this section, the provisions of this subpart apply to pharmaceutical 
manufacturing operations that meet the criteria specified in paragraphs 
(a)(1) (i) through (iii) of this section:
    (i) Manufacture a pharmaceutical product as defined in Sec.  
63.1251;
    (ii) Are located at a plant site that is a major source as defined 
in section 112(a) of the Act; and
    (iii) Process, use, or produce HAP.
    (2) Determination of the applicability of this subpart shall be 
reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (b) New source applicability. A new affected source subject to this 
subpart and to which the requirements for new sources apply is: An 
affected source for which construction or reconstruction commenced after 
April 2, 1997, and the standard was applicable at the time of

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construction or reconstruction; or a pharmaceutical manufacturing 
process unit (PMPU) dedicated to manufacturing a single product that has 
the potential to emit 10 tons per year of any one HAP or 25 tons per 
year of combined HAP for which construction commenced after April 2, 
1997 or reconstruction commenced after October 21, 1999.
    (c) General Provisions. Table 1 of this subpart specifies and 
clarifies the provisions of subpart A of this part that apply to an 
owner or operator of an affected source subject to this subpart. The 
provisions of subpart A specified in Table 1 are the only provisions of 
subpart A that apply to an affected source subject to this subpart.
    (d) Processes exempted from the affected source. The provisions of 
this subpart do not apply to research and development facilities.
    (e) Storage tank ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (e)(1) through (5) 
of this section to determine to which PMPU a storage tank shall belong. 
If an owner or operator produces only pharmaceutical products, the 
procedures specified in paragraphs (e)(1) through (5) of this section 
are required only to determine applicability and demonstrate compliance 
with the pollution-prevention alternative specified in Sec.  63.1252(e), 
or to determine new source applicability for a PMPU dedicated to 
manufacturing a single product as specified in paragraph (b) of this 
section.
    (1) If a storage tank is dedicated to a single PMPU, the storage 
tank shall belong to that PMPU.
    (2) If a storage tank is shared among process units (including at 
least one PMPU), then the storage tank shall belong to the process unit 
located on the same plant site as the storage tank that has the greatest 
annual volume input into or output from the storage tank (i.e., said 
PMPU or process unit has the predominant use of the storage tank).
    (3) If predominant use cannot be determined for a storage tank that 
is shared among process units (including at least one PMPU), then the 
owner or operator shall assign the storage tank to any one of the PMPU's 
that shares it and is also subject to this subpart.
    (4) If the predominant use of a storage tank varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 21, 1998 for existing 
affected sources. For new affected sources, predominant use will be 
based on the first year after initial startup. The determination of 
predominant use shall be reported in the Notification of Compliance 
Status required by Sec.  63.1260(f). If the predominant use changes, the 
redetermination of predominant use shall be reported in the next 
Periodic report.
    (5) If the storage tank begins receiving material from (or sending 
material to) another PMPU, or ceases to receive material from (or send 
material to) a PMPU, or if the applicability of this subpart to a 
storage tank has been determined according to the provisions of 
paragraphs (e)(1) through (4) of this section and there is a significant 
change in the use of the storage tank that could reasonably change the 
predominant use, the owner or operator shall reevaluate the 
applicability of this subpart to the storage tank and report such 
changes to EPA in the next Periodic report.
    (f) Compliance dates. The compliance dates for affected sources are 
as follows:
    (1) An owner or operator of an existing affected source must comply 
with the provisions of this subpart no later than October 21, 2002.
    (2) An owner or operator of a new or reconstructed affected source 
must comply with the provisions of this subpart on August 29, 2000 or 
upon startup, whichever is later.
    (3) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after April 2, 1997 and before September 21, 1998 shall not be required 
to comply with this subpart until September 21, 2001 if:
    (i) The requirements of this subpart are more stringent than the 
requirements of this subpart in effect before August 29, 2000 and 
contained in the 40 CFR, part (63.1200-end), edition revised as of July 
1, 2000; and

[[Page 113]]

    (ii) The owner or operator complies with the requirements published 
on April 2, 1997 (62 FR 15754) during the period until September 21, 
2001.
    (4) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after September 21, 1998 and before April 10, 2000 shall not be required 
to comply with this subpart until October 21, 2002 if:
    (i) The requirements of this subpart are more stringent than the 
requirements of this subpart in effect before August 29, 2000; and
    (ii) The owner or operator complies with the requirements of this 
subpart in effect before August 29, 2000 during the period between 
startup and October 21, 2002.
    (5) Notwithstanding the requirements of paragraph (f)(2) of this 
section, a new source which commences construction or reconstruction 
after April 10, 2000 and before August 29, 2000 shall not be required to 
comply with this subpart until August 29, 2001 if:
    (i) The requirements of this subpart are more stringent than the 
requirements published on April 10, 2000 (65 FR 19152); and
    (ii) The owner or operator complies with the requirements of this 
subpart in effect before August 29, 2000 during the period between 
startup and August 29, 2001.
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing source up to 1 
additional year to comply with section 112(d) standards.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted no later than 120 days prior to the compliance dates 
specified in paragraphs (f) (1) through (5) of this section, except as 
provided in paragraph (f)(6)(ii) of this section. The dates specified in 
Sec.  63.6(i) for submittal of requests for extensions shall not apply 
to sources subject to this subpart.
    (ii) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (f)(6)(i) of this section provided 
the need for the compliance extension arose after that date and before 
the otherwise applicable compliance date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include the data described in Sec.  63.6(i)(6)(i) (A), 
(B), (C), and (D).
    (g) Applicability of this subpart except during periods of startup, 
shutdown, and malfunction. (1) Each provision set forth in this subpart 
shall apply at all times except that emission limitations shall not 
apply during periods of: startup; shutdown; and malfunction, if the 
startup, shutdown, and malfunction precludes the ability of a particular 
emission point of an affected source to comply with one or more specific 
emission limitations to which it is subject and the owner or operator 
follows the provisions for periods of startup, shutdown, and 
malfunction, as specified in Sec. Sec.  63.1259(a)(3) and 63.1260(i). 
Startup, shutdown, and malfunction are defined in Sec.  63.1251.
    (2) The provisions set forth in Sec.  63.1255 of this subpart shall 
apply at all times except during periods of nonoperation of the PMPU (or 
specific portion thereof) in which the lines are drained and 
depressurized resulting in the cessation of the emissions to which Sec.  
63.1255 of this subpart applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the emissions 
limitations of this subpart during times when emissions (or, where 
applicable, wastewater streams or residuals) are being routed to such 
items of equipment, if the shutdown would contravene emissions 
limitations of this subpart applicable to such items of equipment. This 
paragraph does not apply if the item of equipment is malfunctioning, or 
if the owner or operator must shut down the equipment to avoid damage 
due to a malfunction of the PMPU or portion thereof.
    (4) During startups, shutdowns, and malfunctions when the emissions 
limitations of this subpart do not apply pursuant to paragraphs (g)(1) 
through (3) of this section, the owner or operator shall implement, to 
the extent reasonably available, measures to prevent or minimize excess 
emissions to the extent practical. For purposes of this paragraph, 
``excess emissions'' means emissions in excess of those that would have 
occurred if there were no

[[Page 114]]

startup, shutdown, or malfunction and the owner or operator complied 
with the relevant provisions of this subpart. The measures to be taken 
shall be identified in the applicable startup, shutdown, and malfunction 
plan, and may include, but are not limited to, air pollution control 
technologies, work practices, pollution prevention, monitoring, and/or 
changes in the manner of operation of the source. Back-up control 
devices are not required, but may be used if available.
    (h) Consistency with other regulations.--(1) Compliance with other 
MACT standards. (i) After the compliance dates specified in this 
section, an affected source subject to the provisions of this subpart 
that is also subject to the provisions of any other subpart of this part 
63 may elect to comply with either the provisions of this subpart or the 
provisions of another applicable subpart governing the maintenance of 
records and reporting to EPA. The affected source shall identify in the 
Notification of Compliance Status report required by Sec.  63.1260(f) 
under which authority such records will be maintained.
    (ii) After the compliance dates specified in paragraph (f) of this 
section, at an offsite reloading or cleaning facility subject to Sec.  
63.1253(f), compliance with the emission standards and associated 
initial compliance, monitoring, recordkeeping, and reporting provisions 
of any other subpart of this part 63 constitutes compliance with the 
provisions of Sec.  63.1253(f)(7) (ii) or (iii). The owner or operator 
of the affected storage tank shall identify in the Notification of 
Compliance Status report required by Sec.  63.1260(f) the subpart of 
this part 63 with which the owner or operator of the offsite reloading 
or cleaning facility complies.
    (2) Consistency with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (i) After the compliance dates specified in this section, if any 
control device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264, subpart 
AA, BB, or CC, or is subject to monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC, and the owner or 
operator complies with the periodic reporting requirements under 40 CFR 
part 264, subpart AA, BB, or CC that would apply to the device if the 
facility had final-permitted status, the owner or operator may elect to 
comply either with the monitoring, recordkeeping, and reporting 
requirements of this subpart, or with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, as described in 
this paragraph, which shall constitute compliance with the monitoring, 
recordkeeping, and reporting requirements of this subpart. If the owner 
or operator elects to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, the owner or 
operator shall report all information required by Sec.  63.1260(g) and 
(i). The owner or operator shall identify in the Notification of 
Compliance Status, required by Sec.  63.1260(f), the monitoring, 
recordkeeping, and reporting authority under which the owner or operator 
will comply.
    (ii) After the compliance dates specified in this section, if any 
equipment at an affected source that is subject to Sec.  63.1255, is 
also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265, 
subpart BB, then compliance with the recordkeeping and reporting 
requirements of 40 CFR parts 264 and/or 265 may be used to comply with 
the recordkeeping and reporting requirements of Sec.  63.1255, to the 
extent that the requirements of 40 CFR parts 264 and/or 265 duplicate 
the requirements of Sec.  63.1255. The owner or operator shall identify 
in the Notification of Compliance Status, required by Sec.  63.1260(f), 
if the owner or operator will comply with the recordkeeping and 
reporting authority under 40 CFR parts 264 and/or 265.
    (3) Compliance with 40 CFR 60.112(b). After the compliance dates 
specified in this section, a storage tank controlled with a floating 
roof and in compliance with the provisions of 40 CFR 60.112b, subpart 
Kb, constitutes compliance with the provisions of this subpart GGG. A 
storage tank with a fixed roof, closed vent system, and control device 
in compliance with the provisions of 40 CFR 60.112b, subpart Kb must 
comply with the monitoring, recordkeeping, and reporting provisions of 
this subpart GGG. The owner or operator shall

[[Page 115]]

identify in the Notification of Compliance Status report required by 
Sec.  63.1260(f) which tanks are in compliance with subpart Kb.
    (4) Compliance with subpart I of this part. After the compliance 
dates specified in this section, an affected source with equipment 
subject to subpart I of this part may elect to comply with either the 
provisions of Sec.  63.1255 or the provisions of subpart H of this part 
for all such equipment. The owner or operator shall identify in the 
Notification of Compliance Status report required by Sec.  63.1260(f) 
the provisions with which the owner elects to comply.
    (5) Compliance with other regulations for wastewater. After the 
compliance dates specified in this section, the owner or operator of an 
affected wastewater stream that is also subject to provisions in 40 CFR 
parts 260 through 272 may elect to determine whether this subpart or 40 
CFR parts 260 through 272 contain the more stringent control 
requirements (e.g., design, operation, and inspection requirements for 
waste management units; numerical treatment standards; etc.) and the 
more stringent testing, monitoring, recordkeeping, and reporting. 
Compliance with provisions of 40 CFR parts 260 through 272 that are 
determined to be more stringent than the requirements of this subpart 
constitutes compliance with this subpart. For example, provisions of 40 
CFR parts 260 through 272 for treatment units that meet the conditions 
specified in Sec.  63.1256(g)(13) constitute compliance with this 
subpart. In the Notification of Compliance Status report required by 
Sec.  63.1260(f), the owner or operator shall identify the more 
stringent provisions of 40 CFR parts 260 through 272 with which the 
owner or operator will comply. The owner or operator shall also identify 
in the Notification of Compliance Status report required by Sec.  
63.1260(f) the information and procedures used to make any stringency 
determinations. If the owner or operator does not elect to determine the 
more stringent requirements, the owner or operator must comply with both 
the provisions of 40 CFR parts 260 through 272 and the provisions of 
this subpart.
    (6) Compliance with subpart PPP of this part. After the compliance 
dates specified in this section, an affected source with equipment in a 
pharmaceutical manufacturing process unit that is also part of an 
affected source under subpart PPP of this part may elect to demonstrate 
compliance with Sec.  63.1254 by controlling all process vents in 
accordance with Sec.  63.1425 (b), (c)(1), (c)(3), (d), and/or (f). 
Alternatively, the owner or operator may elect to determine which 
process vents must be controlled to comply with the percent reduction 
requirements of Sec.  63.1254 and control only those vents in accordance 
with Sec.  63.1425 (b), (c)(1), (c)(3), (d), and/or (f). For any 
pharmaceutical manufacturing process unit controlled in accordance with 
the requirements of Sec.  63.1425, the owner or operator must also 
comply with all other requirements in subpart PPP of this part. In the 
Notification of Compliance Status report required by Sec.  63.1260(f), 
the owner or operator shall identify which pharmaceutical manufacturing 
process units are meeting the control requirements for process vents and 
all other requirements of subpart PPP of this part, and the owner or 
operator shall describe the calculations and other information used to 
identify which process vents must be controlled to comply with the 
percent reduction requirements of Sec.  63.1254, if applicable.
    (i) For the purposes of establishing whether a person is in 
violation of this subpart, nothing in this subpart shall preclude the 
use of any credible evidence or information relevant to whether a source 
would have been in compliance with applicable requirements.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52596, Aug. 29, 2000; 
66 FR 40131, Aug. 2, 2001]