Subpart GGGGG -- National Emission Standards for Hazardous Air Pollutants: Site Remediation
Contents
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 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 or work practice standards must I meet for surface impoundments?
§63.7906   How do I demonstrate initial compliance with the emissions limitations or 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 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 emission 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?
Notification, 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?
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 §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
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§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.
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§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 §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 §63.7957.
(2) Your site remediation satisfies either paragraph (a)(2)(i) or paragraph (a)(2)(ii) of this section.
(i) 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).
(ii) Your site remediation is not co-located with one or more other stationary sources.
(3) Your site remediation, either alone or when aggregated with a co-located facility, is a major source of HAP as defined in §63.2, except as specified in paragraph (a)(3)(i) or (ii) of this section. 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 or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year.
(i) For production field facilities, as defined in §63.761, only the HAP emissions from the glycol dehydration units and storage vessels with the potential for flash emissions (both as defined in §63.761) shall be aggregated with the HAP emissions from the site remediation activities at the facility for a major source determination.
(ii) For natural gas transmission and storage facilities, HAP emissions shall be aggregated in accordance with the definition of major source in §63.1271 for a major source determination.
(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 (4) 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 is conducted at a gasoline service station to clean up remediation material from a leaking underground storage tank.
(3) Your site remediation is not subject to this subpart if the site remediation is conducted at a farm or residential site.
(4) 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 activities are not subject to the requirements of this subpart, except for the recordkeeping requirements in this paragraph, provided that you meet the requirements specified in paragraphs (c)(1) through (c)(3) of this section.
(1) You determine that the total quantity of the HAP listed in Table 1 to this subpart that is contained in the remediation material excavated, extracted, pumped, or otherwise removed during all of the site remediations conducted at your facility is less than 1 megagram (Mg) annually. This exemption applies the 1 Mg limit on a facility-wide, annual basis, and there is no restriction to the number of site remediations that can be conducted during this period.
(2) You must prepare and maintain at your facility written documentation to support your determination that the total HAP quantity in your remediation materials for the year is less than 1 Mg. The documentation must include a description of your methodology and data used for determining the total HAP content of the remediation material.
(3) Your Title V permit does not have to be reopened or revised solely to include the recordkeeping requirement specified in paragraph (c)(2) of this section. However, the requirement must be included in your permit the next time the permit is renewed, reopened, or revised for another reason.
(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 §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.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69016, Nov. 29, 2006]
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§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 §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 §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 §63.7957.
(b) Affected existing and new sources. Each affected source for your site is existing if you meet the conditions specified in paragraph (b)(1) or (2) of this section. Each affected source for your site is new if you meet the conditions specified in paragraph (b)(3) or (4) of this section.
(1) Your affected source is an existing source if you commenced construction or reconstruction of the affected source before July 30, 2002, and you are not conducting the site remediation under the authority specified in either paragraph (b)(5)(i) or (ii) of this section.
(2) Your affected source is an existing source if you commenced construction or reconstruction of the affected source before [insert date of publication of the proposal in the Federal Register] and you are conducting the site remediation under the authority specified in either paragraph (b)(5)(i) or (ii) of this section.

(3) Your affected source is a new source if you commenced construction or reconstruction of the affected source on or after July 30, 2002, and you are not conducting the site remediation under the authority specified in either paragraph (b)(5)(i) or (ii) of this section. An affected source is reconstructed if it meets the definition of reconstruction in §63.2.
(4) Your affected source is a new source if you commenced construction or reconstruction of the affected source on or after [insert date of publication of the proposal in the Federal Register], and you are conducting the site remediation under the authority specified in either paragraph (b)(5)(i) or (ii) of this section.
(5) Your site remediation conducted under the authority specified in paragraphs (b)(5)(i) or (ii) is existing or new as specified in paragraphs (b)(1) through (4) of this section.
(i) Your site remediation is 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.
(ii) Your site remediation is 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.
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§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 as specified in paragraph (a)(1) or (a)(2), as applicable to your affected source.
(1) If the affected source meets the conditions specified in §63.7882(b)(1), you must comply no later than October 9, 2006.
(2) If the affected source meets the conditions specified in §63.7882(b)(2), you must comply no later than [insert date 18 months after date of final rule publication in the Federal Register].
(b) If you have a new affected source that manages remediation material other than a radioactive mixed waste as defined in §63.7957, then you must meet the compliance date specified in one of paragraphs (b)(1) through (4) of this section, as applicable to your affected source.
(1) If the affected source meets the conditions specified in §63.7882(b)(3) and 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 meets the conditions specified in §63.7882(b)(3) and 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.
(3) If the affected source meets the conditions specified in §63.7882(b)(4) and the affected source's initial startup date is on or before [insert date of final rule publication in the Federal Register], you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you by [insert date of final rule publication in the Federal Register].
(4) If the affected source meets the conditions specified in §63.7882(b)(4) and the affected source's initial startup date is after [insert date of final rule publication in the Federal Register], 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 §63.7957, then you must meet the compliance date specified in one of paragraphs (c)(1) through (4) of this section, as applicable to your affected source.
(1) If the affected source meets the conditions specified in §63.7882(b)(3) and 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 meets the conditions specified in §63.7882(b)(3) and 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.
(3) If the affected source meets the conditions specified in §63.7882(b)(4) and the affected source's initial startup date is on or before [insert date of final rule publication in the Federal Register], 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 [insert date of final rule publication in the Federal Register].
(4) If the affected source meets the conditions specified in §63.7882(b)(4) and the affected source's initial startup date is after [insert date of final rule publication in the Federal Register], 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 major source of HAP as defined in §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 §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.
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General Standards
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§63.7884   What are the general standards I must meet for each site remediation with affected sources?
(a) For each site remediation with an affected source designated under §63.7882, you must meet the standards specified in §§63.7885 through 63.7955, as applicable to your affected source, 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) through (3) 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, when the time period from the beginning of the first interval to the end of the last interval exceeds 30 days.
(1) The 30 consecutive calendar day period for a site remediation that qualifies for this exemption is determined according to actions taken by you as defined in paragraphs (b)(1)(i) through (iii) of this section.
(i) The first day of the 30-day period is defined as the day on which you initiate any action that removes, destroys, degrades, transforms, immobilizes, or otherwise manages the remediation materials. 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.
(ii) The last day of the 30-day period is defined as the day on which treatment or disposal of all of the remediation materials generated by the cleanup is completed such that the organic constituents in these materials no longer have a reasonable potential for volatilizing and being released to the atmosphere.
(iii) If treatment or disposal of the remediation materials is conducted at an off-site facility where the final treatment or disposal of the material cannot, or may not, be completed within the 30-day exemption period, then the shipment of all of the remediation material generated from your cleanup that is transferred to another party, or shipped to another facility, within the 30-day period, must be performed according to the applicable requirements specified in §63.7936.
(2) For the purpose of complying with paragraph (b)(1) of this section, if you ship or otherwise transfer the remediation material off-site you must include in the applicable shipping documentation, in addition to any notifications and certifications required under §63.7936, a statement that the shipped material was generated by a site remediation activity subject to the conditions of this exemption. The statement must include the date on which you initiated the site remediation activity generating the shipped remediation materials, as specified in paragraph (b)(1)(i) of this section, and the date 30 calendar days following your initiation date.
(3) 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.
[71 FR 69016, Nov. 29, 2006]
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§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 §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 §§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 §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 §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 (m3/min) at standard conditions (as defined in 40 CFR 63.2); or
(ii) The process vent stream flow rate is less than 6.0 m3/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 §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.
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§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 §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.
(i) If the remediation material management unit is a tank, then you control HAP emissions according to the standards specified in §§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 §§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 §§63.7905 through 63.7908.
(iv) If the remediation material management unit is an oil-water or organic-water separator, then you control HAP emissions according to the standards specified in §§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 §§63.7915 through 63.7918.
(2) You determine that the average total VOHAP concentration, as defined in §63.7957, of the remediation material managed in the remediation material management unit material is less than 500 ppmw. You must follow the requirements in §63.7943 to demonstrate that the VOHAP concentration of the remediation material is less than 500 ppmw. Once the VOHAP concentration for a remediation material has been determined to be less than 500 ppmw, all remediation material management units downstream from the point of determination managing this material meet the requirements of this paragraph unless a remediation process is used that concentrates all, or part of, the remediation material being managed in the unit such that the VOHAP concentration of the material could increase. Any free product returned to the manufacturing process (e.g., recovered oil returned to a storage tank at a refinery) is no longer subject to this subpart.
(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 §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 §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 §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.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]
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§63.7887   What are the general standards I must meet for my affected equipment leak sources?
(a) You must control HAP emissions from equipment leaks from each equipment component that is part of the affected source by implementing leak detection and control measures according to the standards specified in §§63.7920 through 63.7922 unless you elect to meet the requirements in paragraph (b) of this section.
(b) If the affected equipment leak source is also subject to another subpart in 40 CFR part 61 or 40 CFR part 63, you may control emissions of the HAP listed in Table 1 to this subpart from the affected equipment leak source in compliance with the standards specified in the other applicable subpart. This means you are complying with all applicable emissions limitations and work practice standards under the other subpart (e.g., you implement leak detection and control measures to reduce HAP emissions as 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.
[71 FR 69017, Nov. 29, 2006]
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§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 §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 §63.7957.
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Process Vents
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§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 §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 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 compounds (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 §63.7925(c) through (j) that apply to your closed vent system and control device.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]
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§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 §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 §63.7941 that emission levels from all of your affected process vents meet the facility-wide emission limits in §63.7890(b) that apply to you, as follows in paragraphs (b)(1) through (4) of this section.
(1) If you elect to meet §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 §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 §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 §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 §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 §63.7926.
(d) You have submitted a notification of compliance status according to the requirements in §63.7950.
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§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 §63.7890(b), you must monitor and inspect the closed vent system and control device according to the requirements in §63.7927 that apply to you.
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§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 §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 facilitywide emission limits in §63.7890(b) that apply to you, as specified in paragraphs (b)(1) through (4) of this section.
(1) If you elect to meet §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 §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 §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 §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 §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 §63.7928.
(d) Keeping records to document continuous compliance with the requirements of this subpart according to the requirements in §63.7952.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]
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Tanks
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§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 §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 §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 §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 §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 §63.902. As an alternative to using this 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 §63.1063(a)(1)(i), (a)(2), and (b); or
(2) Install and operate an external floating roof according to the requirements in §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 §63.685(g). You must meet the emissions limitations and work practice standards in §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 §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 §63.685(i). You must meet the emissions limitations and work practice standards in §63.7925 that apply to your closed vent system and control device.
(e) As provided in §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 §63.6(g)(2).
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§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 §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 §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 §63.7895(b) for the tanks to be used for your site remediation.
(2) You have determined, according to the procedures in §63.7944, and recorded the maximum HAP vapor pressure of the remediation material placed in each affected tank subject to §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 §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 §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 §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 §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 §63.7895(d)(1) if you have submitted as part of your notification of compliance status, specified in §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 §63.1063(a) and you have records documenting the design.
(2) You will operate the internal floating roof according to the requirements in §63.1063(b).
(3) You have performed an initial visual inspection according to the requirements in §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 §63.7895(d)(2) if you have submitted as part of your notification of compliance status, specified in §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 §63.1063(a) and you have records documenting the design.
(2) You will operate the external floating roof according to the requirements in §63.1063(b).
(3) You have performed an initial seal gap measurement inspection according to the requirements in §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 §63.7895(d)(3) if you have submitted as part of your notification of compliance status, specified in §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 §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 §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 §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 §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 §63.7895(d)(4) if you have submitted as part of your notification of compliance status, specified in §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 §63.685(h), and you have records documenting the design.
(2) You will operate the pressure tank and according to the requirements in §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 §63.7895(d)(5) if you have submitted as part of your notification of compliance status, specified in §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 signed statement that you have performed the verification procedure according to the requirements in §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 §63.7926.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]
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§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 §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 §63.7895(d)(1), you must visually inspect the fixed roof and internal floating roof according to the requirements in §63.1063(d)(1) and (2).
(2) If you use an external floating roof according to §63.7895(d)(2), you must visually inspect the external floating roof according to the requirements in §63.1063(d)(1) and inspect the seals according to the requirements in §63.1063(d)(2) and (3).
(3) If you use a fixed roof vented to a control device according to §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 §63.695(b)(3).
(ii) You must monitor and inspect the closed vent system and control device according to the requirements in §63.7927 that apply to you.
(4) If you use a pressure tank according to §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 §63.685(h).
(5) If you use a permanent total enclosure vented to an enclosed combustion device according to §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 §63.685(i).
(ii) You must monitor and inspect the closed vent system and control device according to the requirements in §63.7927 that apply to you.
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§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 §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 §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 §63.1065(a).
(2) For tanks subject to §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 §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 §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 §63.902(c).
(2) Visually inspecting the fixed roof and closure devices for defects at least annually according to the requirements in §63.906(a).
(3) Repairing defects according to the requirements in §63.63.906(b).
(4) Recording the information specified in §63.907(a)(3) and (b).
(5) Keeping records to document compliance with the requirements of this subpart according to the requirements in §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 §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 §63.1063(b).
(2) Visually inspecting the internal floating roof according to the requirements in §63.1063(d)(1) and (2).
(3) Repairing defects according to the requirements in §63.1063(e).
(4) Recording the information specified in §63.1065(b) through (d).
(5) Keeping records to document compliance with the requirements of this subpart according to the requirements in §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 §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 §63.1063(b).
(2) Visually inspecting the external floating roof according to the requirements in §63.1063(d)(1) and inspecting the seals according to the requirements in §63.1063(d)(2) and (3).
(3) Repairing defects according to the requirements in §63.1063(e).
(4) Recording the information specified in §63.1065(b) through (d).
(5) Keeping records to document compliance with the requirements of this subpart according to the requirements in §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 §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 §63.685(g).
(2) Visually inspecting the fixed roof and closure devices for defects at least annually according to the requirements in §63.695(b)(3)(i).
(3) Repairing defects according to the requirements in §63.695(b)(4).
(4) Recording the information specified in §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 §63.7928.
(6) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
(g) You must demonstrate continuous compliance for each tank determined to require Tank Level 2 controls and operated as a pressure tank according to §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 §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 §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 §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 §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 §63.685(i).
(2) Recording the information specified in §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 §63.7928.
(4) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]
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Containers
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§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 §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 m3 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 §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 m3, then you must use controls according to the standards for Container Level 1 controls as specified in §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 §63.923.
(2) If the design capacity of your container is greater than 0.46 m3, then you must use controls according to the standards for Container Level 2 controls as specified in §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 m3, 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 §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 °C; or
(ii) Total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 °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 m3 is used for treatment of a remediation material by a waste stabilization process as defined in §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 §63.924. You must meet the emissions limitations and work practice standards in §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 §63.924. You must meet the emissions limitations and work practice standards in §63.7925 that apply to your closed vent system and control device.
(e) As provided in §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 §63.6(g)(2).
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§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 §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 §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 §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 m3, 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 §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 §63.922(b).
(2) You will operate each container cover and closure device according to the requirements in §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 §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 §63.923(b).
(2) You will transfer remediation materials into and out of each container according to the procedures in §63.923(d).
(3) You will operate and maintain the container covers and closure devices according to the requirements in §63.923(d).
(4) You have records that the container meets the applicable U.S. Department of Transportation regulations, or you have conducted an initial test of each container for no detectable organic emissions using the procedures in §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 §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 §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 §63.7900, you have performed the verification procedure according to the requirements in §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 §63.7926.
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§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 §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 §63.924(c)(1).
(2) You must monitor and inspect each closed vent system and control device according to the requirements in §63.7927 that apply to you.
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§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 §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 §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 §63.7886(b)(1)(ii).
(2) For containers subject to §63.7886(b)(1)(ii) with a design capacity greater than 0.46 m3 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 §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 §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 §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 §63.922(d) .
(2) Inspecting each container annually according to the requirements in §63.926(a)(2).
(3) Emptying or repairing each container according to the requirements in §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 §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 §63.923(c).
(2) Operating and maintaining container covers according to the requirements in §63.923(d).
(3) Inspecting each container annually according to the requirements in §63.926(a)(2).
(4) Emptying or repairing containers according to the requirements in §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 §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 §63.685(i).
(2) Recording the information specified in §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 §63.7928.
(4) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
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Surface Impoundments
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§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 §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 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 §63.942; or
(2) Install and operate a cover vented through a closed vent system to a control device according to the requirements in §63.943. You must meet the emissions limitations and work practice standards in §63.7925 that apply to your closed vent system and control device.
(c) As provided in §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 §63.6(g)(2).
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§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 §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 §63.7905(b)(1) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.942(c).
(3) You have performed an initial visual inspection of each surface impoundment and closure devices according to the requirements in §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 §63.7905(b)(2) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.943(c).
(3) You have performed an initial visual inspection of each cover and closure devices according to the requirements in §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 §63.7926.
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§63.7907   What are my inspection and monitoring requirements for surface impoundments?
(a) If you use a floating membrane cover according to §63.7905(b)(1), you must visually inspect the floating membrane cover and its closure devices at least annually according to the requirements in §63.946(a).
(b) If you use a cover vented to a control device according to §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 §63.946(b).
(2) You must monitor and inspect the closed vent system and control device according to the requirements in §63.7927 that apply to you.
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§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 §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 §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 §63.942(c).
(2) Visually inspecting the floating membrane cover and closure devices for defects at least annually according to the requirements in §63.946(a).
(3) Repairing defects according to the requirements in §63.946(c).
(4) Recording the information specified in §63.947(a)(2) and (a)(3).
(5) Keeping records to document compliance with the requirements according to the requirements in §63.7952.
(c) You must demonstrate continuous compliance for each surface impoundment using a cover vented to a control device according to §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 §63.943(c).
(2) Visually inspecting the cover and its closure devices for defects at least annually according to the requirements in §63.946(b).
(3) Repairing defects according to the requirements in §63.946(c).
(4) Recording the information specified in §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 §63.7928.
(6) Keeping records to document compliance with the requirements according to the requirements in §63.7952.
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Separators
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§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 §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 §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 §63.1044. You must meet the emissions limitations and work practice standards in §63.7925 that apply to your closed vent system and control device.
(3) Install and operate a pressurized separator according to the requirements in §63.1045.
(c) As provided in §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 §63.6(g)(2).
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§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 §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 §63.7910(b)(1) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.1043(c).
(3) You have performed an initial seal gap measurement inspection using the procedures in §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 §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 §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 §63.7910(b)(2) if you have submitted as part of your notification of compliance status, specified in §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 §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 §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 §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 §63.7926.
(d) You must demonstrate initial compliance of each pressurized separator that operates as a closed system according to §63.7910(b)(3) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.1045(b)(3).
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§63.7912   What are my inspection and monitoring requirements for separators?
(a) If you use a floating roof according to §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 §63.1047(b)(1).
(2) Visually inspect the floating roof at least annually according to the requirements in §63.1047(b)(2).
(b) If you use a cover vented to a control device according to §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 §63.1047(c).
(2) You must monitor and inspect the closed vent system and control device according to the requirements in §63.7927 that apply to you.
(c) If you use a pressurized separator that operates as a closed system according to §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 §63.1045(b).
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§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 §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 §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 §63.1043(b).
(2) Performing seal gap measurement inspections at least annually according to the requirements in §63.1047(b)(1).
(3) Visually inspecting the floating roof at least annually according to the requirements in §63.1047(b)(2).
(4) Repairing defects according to the requirements in §63.1047(d).
(5) Recording the information specified in §63.1048(a) and (b).
(6) Keeping records to document compliance with the requirements according to the requirements in §63.7952.
(c) You must demonstrate continuous compliance for each separator using a fixed roof vented through a closed vent system to a control device according to §63.7910(b)(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 §63.1042.
(2) Performing visual inspections of the fixed roof and its closure devices for defects at least annually according to the requirements in §63.1047(a).
(3) Repairing defects according to the requirements in §63.1047(d).
(4) Recording the information specified in §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 §63.7928.
(6) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
(d) You must demonstrate continuous compliance for each pressurized separator operated as a closed system according to §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 §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 §63.1045(b), and recording the results of each inspection.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]
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Transfer Systems
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§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 §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 §63.7957, you must install and operate controls according to the requirements in §63.962.
(c) For each affected transfer system that is not an individual drain system as defined in §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 §63.689(d).
(2) A transfer system that consists of continuous hard piping. All joints or seams between the pipe sections must 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 §63.7925 that apply to your closed vent system and control device.
(d) As provided in §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 §63.6(g)(2).
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]
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§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 §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 §63.7915(b) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.962(b)(5).
(3) You have performed an initial visual inspection of each individual drain system according to the requirements in §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 §63.7915(c)(1) if you have submitted as part of your notification of compliance status, specified in §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 §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 §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 §63.689(5).
(d) You must demonstrate initial compliance of each transfer system that consists of hard piping according to §63.7915(c)(2) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.7915(e)(3) if you have submitted as part of your notification of compliance status, specified in §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 §63.7926.
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§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 §63.7915(b), you must visually inspect each individual drain system at least annually according to the requirements in §63.964(a).
(b) If you operate a transfer system using covers according to §63.7915(c)(1), you must inspect each cover and its closure devices for defects according to the requirements in §63.695(d)(1) through (5).
(c) If you operate a transfer system consisting of hard piping according to §63.7915(c)(2), you must annually inspect the unburied portion of 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 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 §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 §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 §63.7952.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]
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§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 §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 §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 §63.962.
(2) Visually inspecting each individual drain system at least annually according to the requirements in §63.964(a).
(3) Repairing defects according to the requirements in §63.964(b).
(4) Recording the information specified in §63.965(a).
(5) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
(c) You must demonstrate continuous compliance for each transfer system using covers according to §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 §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 §63.695(d)(1) through (5).
(3) Repairing defects according to the requirements in §63.695(5)
(4) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
(d) You must demonstrate continuous compliance for each transfer system that consists of hard piping according to §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 §63.7917(c).
(3) Repairing defects according to the requirements in §63.7917(e).
(4) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
(e) You must demonstrate continuous compliance for each transfer system that is enclosed and vented to a control device according to §63.7915(c)(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 §63.7918(d).
(3) Repairing defects according to the requirements in §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 §63.7928.
(5) Keeping records to document compliance with the requirements according to the requirements in §63.7952.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]
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Equipment Leaks
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§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 §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 §63.1015 or §63.1034 for closed vent systems and control devices, you may elect to meet the requirements in §§63.7925 through 63.7928 that apply to your closed vent system and control device.
(d) As provided in §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 §63.6(g)(2).
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§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 limitations and work practice standards in §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 §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 §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 §§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 §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 §63.1003(c)(4).
(c) If you control equipment leaks according to the requirements under §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 §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 §§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 §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 §63.1022(c)(4).
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§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 §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 §63.7920(b)(1), you must demonstrate continuous compliance by inspecting, monitoring, repairing, and maintaining records according to the requirements in §§63.1002 through 63.1018 that apply to your affected equipment.
(c) If you control equipment leaks according to the requirements under §63.7920(b)(2), you must demonstrate continuous compliance by inspecting, monitoring, repairing, and maintaining records according to the requirements in §§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 §63.7952.
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Closed Vent Systems and Control Devices
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§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 §§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 §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 §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 §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 °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 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 §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 §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 §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 §63.693(d)(4)(iii)(B).
(ii) Follow the disposal requirements for spent carbon in §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 §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 §63.6(g)(2).
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§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 §63.7925(c) if you have submitted as part of your notification of compliance status, specified in §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 §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 §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 §63.7925(d) with the applicable emissions limit in §63.7925(d) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.7941, are reduced by at least 95 percent by weight.
(2) For the emissions limit in §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 §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 §63.7925(g) with the applicable limits if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.7925(h) if you have submitted as part of your notification of compliance status, specified in §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 §63.7925(i) if you have submitted as part of your notification of compliance status, specified in §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 §63.7925(e) if you have submitted as part of your notification of compliance status, specified in §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 §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 §63.693(h)(2).
(3) You will operate each flare according to the requirements in §63.11(b).
(h) You must demonstrate initial compliance of each boiler or process heater with the work practice standards in §63.7925(f) if you have submitted as part of your notification of compliance status, specified in §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 §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 °C or greater.
(2) For the work practice standard in §63.7925(f)(2), you have records documenting that the vent stream is introduced with the fuel according to the requirements in §63.693(g)(1)(iv), or that the vent stream is introduced to a boiler or process heater that meets the requirements in §63.693(g)(1)(v).
(3) For the work practice standard in §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.
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§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 §63.695(c)(1)(ii) through (c)(3); or
(ii) You must monitor and inspect the closed vent system according to the requirements in §63.172(f) through (j) and record the information in §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 §63.693(c)(2)(i); or
(ii) Use a seal or locking device and make monthly inspections as required by §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 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 §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 §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 §63.7925(f)(1), you must use a CPMS to measure and record the combustion zone temperature.
[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]
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§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 §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 §63.694(k), and monitoring at least annually according to the requirements in §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 §63.695(c)(2)(ii).
(3) Repairing defects according to the requirements in §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 §63.172(f) through (j), recording the information in §63.181.
(6) If the closed vent system is equipped with a flow indicator, recording the information in §63.693(c)(2)(i).
(7) If the closed vent system is equipped with a seal or locking device, visually inspecting the seal or closure mechanism at least monthly according to the requirements in §63.693(c)(2)(ii), and recording the results of each inspection.
(c) You must demonstrate continuous compliance of each control device subject to the emissions limits in §63.7925(d) with the applicable emissions limit in §63.7925(d) by meeting the requirements in paragraph (c)(1) or (2) of this section.
(1) For the emission limit in §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 §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 §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 §63.7925(g) as applicable to the control device.
(2) Monitoring and inspecting each control device according to the requirements in §63.7927(b) through (i) as applicable to the control device.
(3) Operating and maintaining each continuous monitoring system according to the requirements in §63.7945, and collecting and reducing data according to the requirements in §63.7946.
(4) Keeping records to document compliance with the requirements of this subpart according to the requirements in §63.7952.
(e) You must demonstrate continuous compliance with the spent carbon replacement and disposal work practice standards for regenerable carbon adsorption systems in §63.7925(h)(1) by meeting the requirements in paragraphs (e)(1) through (3) of this section.
(1) Replacing the adsorbent as required by §63.7925(h)(1)(i).
(2) Following the disposal requirements for spent carbon in §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 §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 §63.7925(h)(2)(i).
(2) Following the disposal requirements for spent carbon in §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 §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 §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 §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 §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 §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 §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 §63.11(b)(4).
(2) Monitoring the presence of a pilot flare according to the requirements in §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 §63.11(b)(5).