The average Hg emissions must not exceed 18 ug/dscm, corrected to 18 percent oxygen
Collecting the carbon flow rate data according to §63.9804(a); reducing the carbon flow rate data to 3-hour block averages according to §63.9804(a); maintaining the average carbon flow rate for each 3-hour block period at or above the average carbon flow rate established during the Hg performance test in which compliance was demonstrated.

24. Table 8 to Subpart SSSSS is revised to read as follows:
Table 8 to Subpart SSSSS of Part 63 -- Continuous Compliance with Operating Limits
As stated in §63.9810, you must show continuous compliance with the operating limits for affected sources according to the following table:
For .  .  .
For the following operating limit .  .  .
You must demonstrate continuous compliance by .  .  .
1. Each affected source listed in Table 2 to this subpart
a. Each applicable operating limit listed in Table 2 to this subpart.
i. Maintaining all applicable process and control device operating parameters within the limits established during the most recent performance test; and

ii. Conducting annually an inspection of all duct work, vents, and capture devices to verify that no leaks exist and that the capture device is operating such that all emissions are properly vented to the control device in accordance with the OM&M plan.
2. Each affected continuous kiln used to manufacture refractory products that use organic HAP that is equipped with a THC control device
a. The operating limits specified in items 2.a. through 2.c. of Table 2 to this subpart
i. Operating the control device on the affected kiln during all times except during periods of approved scheduled maintenance, as specified in §63.9792(e); and

ii. Before [date 181 days after date of publication of final rule in the Federal Register], minimizing HAP emissions from the affected kiln during all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; on and after [date 181 days after date of publication of final rule in the Federal Register], minimizing HAP emissions during the period when the kiln is operating and the control device is out of service by complying with the applicable standard in Table 3 to this subpart; and

iii. Minimizing the duration of all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; on and after [date 181 days after date of publication of final rule in the Federal Register], the total time during which the kiln is operating and the control device is out of service for the each year on a 12-month rolling basis must not exceed 750 hours.
3. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tank
As specified in items 4 through 9 of this table.
Satisfying the applicable requirements specified in items 4 through 9 of this table.
4. Each affected continuous process unit
Maintain process operating parameters within the limits established during the most recent performance test
i. Recording the organic HAP processing rate (pounds per hour); and

ii. Recording the operating temperature of the affected source at least hourly; and

iii. Maintaining the 3-hour block average organic HAP processing rate at or below the maximum organic HAP processing rate established during the most recent performance test.
5. Continuous process units that are equipped with a thermal oxidizer
Maintain the 3-hour block average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established during the most recent performance test
i. Measuring and recording the thermal oxidizer combustion chamber temperature at least every 15 minutes; and

ii. Calculating the hourly average thermal oxidizer combustion chamber temperature; and

iii. Maintaining the 3-hour block average thermal oxidizer combustion chamber temperature at or above the minimum allowable operating temperature established during the most recent performance test; and

iv. Reporting, in accordance with §63.9814(e), any 3-hour block average operating temperature measurements below the minimum allowable thermal oxidizer combustion chamber operating temperature established during the most recent performance test.
6. Continuous process units that are equipped with a catalytic oxidizer
a. Maintain the 3-hour block average temperature at the inlet of the catalyst bed at or above the minimum allowable catalyst bed inlet temperature established during the most recent performance test
i. Measuring and recording the temperature at the inlet of the catalyst bed at least every 15 minutes; and

ii. Calculating the hourly average temperature at the inlet of the catalyst bed; and

iii. Maintaining the 3-hour block average temperature at the inlet of the catalyst bed at or above the minimum allowable catalyst bed inlet temperature established during the most recent performance test; and

iv. Reporting, in accordance with §63.9814(e), any 3-hour block average catalyst bed inlet temperature measurements below the minimum allowable catalyst bed inlet temperature established during the most recent performance; and

v. Checking the activity level of the catalyst at least every 12 months and taking any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed.
7. Each affected batch process unit
Maintain process operating parameters within the limits established during the most recent performance test
i. Recording the organic HAP processing rate (pounds per batch); and

ii. Recording the hourly average operating temperature of the affected source; and

iii. Recording the process cycle time for each batch cycle; and

iv. Maintaining the organic HAP processing rate at or below the maximum organic HAP processing rate established during the most recent performance test.
8. Batch process units that are equipped with a thermal oxidizer
Maintain the hourly average temperature in the thermal oxidizer combustion chamber at or above the hourly average temperature established for the corresponding 1-hour period of the cycle during the most recent performance test
i. Measuring and recording the thermal oxidizer combustion chamber temperature at least every 15 minutes; and

ii. Calculating the hourly average thermal oxidizer combustion chamber temperature; and

iii. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintaining the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; and

iv. For each subsequent hour of the batch cycle, maintaining the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and

v. Reporting, in accordance with §63.9814(e), any temperature measurements below the minimum allowable thermal oxidizer combustion chamber temperature measured during the most recent performance test.
9. Batch process units that are equipped with a catalytic oxidizer
Maintain the hourly average temperature at the inlet of the catalyst bed at or above the corresponding hourly average temperature established for the corresponding 1-hour period of the cycle during the most recent performance test
i. Measuring and recording temperatures at the inlet of the catalyst bed at least every 15 minutes; and

ii. Calculating the hourly average temperature at the inlet of the catalyst bed; and

iii. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintaining the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable bed inlet temperature established for the corresponding period during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and

iv. For each subsequent hour of the batch cycle, maintaining the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable bed inlet temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and

v. Reporting, in accordance with §63.9814(e), any catalyst bed inlet temperature measurements below the minimum allowable bed inlet temperature measured during the most recent performance test; and

vi. Checking the activity level of the catalyst at least every 12 months and taking any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed.
10. Each new kiln that is used to process clay refractory products
As specified in items 11 through 13 of this table
Satisfying the applicable requirements specified in items 11 through 13 of this table.
11. Each new kiln that is equipped a DLA
a. Maintain the average pressure drop across the DLA for each 3-hour block period at or above the minimum pressure drop established during the most recent performance test
i. Collecting the DLA pressure drop data, as specified in item 18.a. of Table 4 to this subpart; and

ii. Reducing the DLA pressure drop data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average pressure drop across the DLA at or above the minimum pressure drop established during the most recent performance test.

b. Maintain free-flowing limestone in the feed hopper, silo, and DLA
Verifying that the limestone hopper has an adequate amount of free-flowing limestone by performing a daily visual check of the limestone hopper.

c. Maintain the limestone feeder setting at or above the level established during the most recent performance test
Recording the limestone feeder setting at least daily to verify that the feeder setting is being maintained at or above the level established during the most recent performance test.

d. Use the same grade of limestone from the same source as was used during the most recent performance test
Using the same grade of limestone as was used during the most recent performance test and maintaining records of the source and grade of limestone.

e. Maintain no VE from the stack
i. Performing VE observations of the stack at the frequency specified in §63.9810(f) using Method 22 of 40 CFR part 60, appendix A-7; and

ii. Maintaining no VE from the stack.
12. Each new kiln that is equipped with a DIFF or DLS/FF
a. Initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan; AND operate and maintain the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period
i. Initiating corrective action within 1 hour of a bag leak detection system alarm and completing corrective actions in accordance with the OM&M plan; and

ii. Operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period; in calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm shall be counted as a minimum of 1 hour; if you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.

b. Maintain free-flowing lime in the feed hopper or silo at all times for continuous injection systems; AND maintain feeder setting at or above the level established during the most recent performance test for continuous injection systems
i. Verifying at least once each 8-hour shift that lime is free-flowing via a load cell, carrier gas/lime flow indicator, carrier gas pressure drop measurement system, or other system; recording all monitor or sensor output, and if lime is found not to be free flowing, promptly initiating and completing corrective actions; and

ii. Recording the feeder setting once each day of operation to verify that the feeder setting is being maintained at or above the level established during the most recent performance test.
13. Each new kiln that is used to process clay refractory products and is equipped with a wet scrubber
a. Maintain the average pressure drop across the scrubber for each 3-hour block period at or above the minimum pressure drop established during the most recent performance test
i. Collecting the scrubber pressure drop data, as specified in item 20.a. of Table 4 to this subpart; and

ii. Reducing the scrubber pressure drop data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average scrubber pressure drop at or above the minimum pressure drop established during the most recent performance test.

b. Maintain the average scrubber liquid pH for each 3-hour block period at or above the minimum scrubber liquid pH established during the most recent performance test
i. Collecting the scrubber liquid pH data, as specified in item 20.b. of Table 4 to this subpart; and

ii. Reducing the scrubber liquid pH data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average scrubber liquid pH at or above the minimum scrubber liquid pH established during the most recent performance test.

c. Maintain the average scrubber liquid flow rate for each 3-hour block period at or above the minimum scrubber liquid flow rate established during the most recent performance test
i. Collecting the scrubber liquid flow rate data, as specified in item 20.c. of Table 4 to this subpart; and

ii. Reducing the scrubber liquid flow rate data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average scrubber liquid flow rate at or above the minimum scrubber liquid flow rate established during the most recent performance test.

d. If chemicals are added to the scrubber liquid, maintain the average scrubber chemical feed rate for each 3-hour block period at or above the minimum scrubber chemical feed rate established during the most recent performance test
i. Collecting the scrubber chemical feed rate data, as specified in item 20.d. of Table 4 to this subpart; and

ii. Reducing the scrubber chemical feed rate data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average scrubber chemical feed rate at or above the minimum scrubber chemical feed rate established during the most recent performance test.
14. Each new and existing affected kiln that is equipped with an ACI system
a. Maintain the average carbon flow rate for each 3-hour block period at or above the average carbon flow rate established during the Hg performance test in which compliance was demonstrated.
i. Collecting the carbon flow rate data, as specified in item 23 of Table 4 to this subpart; and

ii. Reducing the carbon flow rate data to 3-hour block averages; and

iii. Maintaining the average carbon flow rate for each 3-hour block period at or above the average carbon flow rate established during the Hg performance test in which compliance was demonstrated.
15. Each existing affected kiln that is equipped with a DLA or no add-on control
a. Maintain no VE from the stack
i. Performing VE observations of the stack at the frequency specified in §63.9810(f) using Method 22 of 40 CFR part 60, appendix A-7; and

ii. Maintaining no VE from the stack.
16. Each existing affected kiln that is equipped with a FF
a. Maintain no VE from the stack; OR
i. Performing VE observations of the stack at the frequency specified in §63.9810(f) using Method 22 of 40 CFR part 60, appendix A-7; and

ii. Maintaining no VE from the stack.

b. Initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan; AND operate and maintain the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period
i. Initiating corrective action within 1 hour of a bag leak detection system alarm and completing corrective actions in accordance with the OM&M plan; and

ii. Operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period; in calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm shall be counted as a minimum of 1 hour; if you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.
17. Each existing affected kiln that is equipped with a wet scrubber
a. Maintain the average pressure drop across the scrubber for each 3-hour block period at or above the minimum pressure drop established during the most recent performance test
i. Collecting the scrubber pressure drop data, as specified in item 25.a of Table 4 to this subpart; and

ii. Reducing the scrubber pressure drop data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average scrubber pressure drop at or above the minimum pressure drop established during the most recent performance test.

b. Maintain the average scrubber liquid flow rate for each 3-hour block period at or above the minimum scrubber liquid flow rate established during the most recent performance test
i. Collecting the scrubber liquid flow rate data, as specified in item 25.b. of Table 4 to this subpart; and

ii. Reducing the scrubber liquid flow rate data to 1-hour and 3-hour block averages; and

iii. Maintaining the 3-hour block average scrubber liquid flow rate at or above the minimum scrubber liquid flow rate established during the most recent performance test.

25. Table 9 to Subpart SSSSS is revised to read as follows:
Table 9 to Subpart SSSSS of Part 63 -- Continuous Compliance With Work Practice Standards
As stated in §63.9810, you must show continuous compliance with the work practice standards for affected sources according to the following table:
For .  .  .
For the following work practice standard .  .  .
You must demonstrate continuous compliance by .  .  .
1. Each affected source listed in Table 3 to this subpart
Each applicable work practice requirement listed in Table 3 to this subpart
i. Performing each applicable work practice standard listed in Table 3 to this subpart; and

ii. Maintaining records that document the method and frequency for complying with each applicable work practice standard listed in Table 3 to this subpart, as required by §§63.10(b) and 63.9816(c)(2).
2. Each basket or container that is used for holding fired refractory shapes in an existing shape preheater and autoclave during the pitch impregnation process
Control POM emissions from any affected shape preheater
i. Controlling emissions from the volatilization of residual pitch by implementing one of the work practice standards listed in item 1 of Table 3 to this subpart; and

ii. Recording the date and cleaning method each time you clean an affected basket or container.
3. Each new or existing pitch working tank
Control POM emissions
Capturing and venting emissions from the affected pitch working tank to the control device that is used to control emissions from an affected defumer or coking oven, or to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven.
4. Each new or existing chromium refractory products kiln
Minimize fuel-based HAP emissions
i. Using natural gas, or equivalent, as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; and

ii. If you intend to use an alternative fuel, submitting a notification of alternative fuel use within 48 hours of the declaration of a period of natural gas curtailment or supply interruption, as defined in §63.9824; and

iii. Submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in §63.9814(g).
5. Each existing clay refractory products kiln
Minimize fuel-based HAP emissions
i. Using natural gas, or equivalent, as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; and

ii. If you intend to use an alternative fuel, submitting a notification of alternative fuel use within 48 hours of the declaration of a period of natural gas curtailment or supply interruption, as defined in §63.9824; and

iii. Submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in §63.9814(g).
6. Each affected continuous kiln used to manufacture refractory products that use organic HAP that is equipped with an emission control device for THC
Minimize organic HAP emissions
i. Operating the control device at all times unless you receive Administrator approval to take the control device out of service for scheduled maintenance, as specified in §63.9792(e); and

ii. Minimizing HAP emissions during the period when the kiln is operating and the control device is out of service as specified in item 5 of Table 3 to this subpart; and

iii. On and after [date of publication of final rule in the Federal Register], recording the mass fraction of organic HAP in the resins, binders, and additives that were manufactured in the kiln while the control device was out of service and the number of kiln cars of products in the kiln while the control device was out of service with a mass fraction of organic HAP in the resins, binders, and additives greater than the average; and

iv. Recording the duration of each period when the kiln is operating and the control device is out of service and, on and after [date of publication of final rule in the Federal Register], the total amount of time per year on a 12-month rolling basis that the kiln has operated and the control device has been out of service.
7. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP, on and after [date of publication of final rule in the Federal Register]
Minimize fuel-based HAP emissions
i. Using natural gas, or equivalent, as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; and

ii. If you intend to use an alternative fuel, submitting a notification of alternative fuel use within 48 hours of the declaration of a period of natural gas curtailment or supply interruption, as defined in §63.9824; and

iii. Submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in §63.9814(g).

26. Table 10 to Subpart SSSSS is revised to read as follows:
Table 10 to Subpart SSSSS of Part 63 -- Requirements for Reports
As stated in §63.9814, you must comply with the requirements for reports in the following table:
You must submit a(n) .  .  .
The report must contain .  .  .
You must submit the report .  .  .
1. Compliance report
The information in §63.9814(c) through (f)
Semiannually according to the requirements in §63.9814(a) through (f).
2. Before [date 181 days after date of publication of final rule in the Federal Register], immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not consistent with your SSMP
On and after [date 181 days after date of publication of final rule in the Federal Register], immediate startup, shutdown, and malfunction report is not required
a. Actions taken for the event
By fax or telephone within 2 working days after starting actions inconsistent with the plan.

b. The information in §63.10(d)(5)(ii)
By letter within 7 working days after the end of the event unless you have made alternative arrangements with the permitting authority.
3. Report of alternative fuel use
The information in §63.9814(g) and items 4 and 5 of Table 9 to this subpart
If you are subject to the work practice standard specified in item 3 or 4 of Table 3 to this subpart, and you use an alternative fuel in the affected kiln, by letter within 10 working days after terminating the use of the alternative fuel.
4. Performance test report
The information in §63.7(g)
According to the requirements of §63.9814(h).
5. CMS performance evaluation, as required for CEMS
The information in §63.7(g)
According to the requirements of §63.9814(i).

27. Table 11 to Subpart SSSSS is revised to read as follows:
Table 11 to Subpart SSSSS of Part 63 -- Applicability of General Provisions to Subpart SSSSS
As stated in §63.9820, you must comply with the applicable General Provisions requirements according to the following table:
Citation
Subject
Brief description
Applies to subpart SSSSS
§63.1
Applicability

Yes.
§63.2
Definitions

Yes.
§63.3
Units and Abbreviations

Yes.
§63.4
Prohibited Activities
Compliance date; circumvention, severability
Yes.
§63.5
Construction/Reconstruction
Applicability; applications; approvals
Yes.
§63.6(a)
Applicability
General Provisions (GP) apply unless compliance extension; GP apply to area sources that become major
Yes.
§63.6(b)(1)-(4)
Compliance Dates for New and Reconstructed Sources
Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)
Yes.
§63.6(b)(5)
Notification

Yes.
§63.6(b)(6)
[Reserved]

§63.6(b)(7)
Compliance Dates for New and Reconstructed Area Sources That Become Major
Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were area sources
Yes.
§63.6(c)(1)-(2)
Compliance Dates for Existing Sources
Comply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extension
Yes.
§63.6(c)(3)-(4)
[Reserved]

§63.6(c)(5)
Compliance Dates for Existing Area Sources That Become Major
Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years)
Yes.
§63.6(d)
[Reserved]

§63.6(e)(1)-(2)
Operation & Maintenance
Operate to minimize emissions at all times; correct malfunctions as soon as practicable; requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met; see § 63.9792(b) for general duty requirement.
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].

§63.6(e)(3)
Startup, Shutdown, and Malfunction Plan (SSMP) requirements

Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.6(f)(1)
Compliance Except During SSM
You must comply with emission standards at all times except during SSM
No.
§63.6(f)(2)-(3)
Methods for Determining Compliance
Compliance based on performance test, operation and maintenance plans, records, inspection
Yes.
§63.6(g)(1)-(3)
Alternative Standard
Procedures for getting an alternative standard.
Yes.
§63.6(h)(1)-(9)
Opacity/Visible Emission (VE) Standards

Not applicable.
§63.6(i)(1)-(14)
Compliance Extension
Procedures and criteria for Administrator to grant compliance extension
Yes.
§63.6(j)
Presidential Compliance Exemption
President may exempt source category
Yes.
§63.7(a)(1)-(2)
Performance Test Dates
Dates for conducting initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to rule
Yes.
§63.7(a)(3)
Section 114 Authority
Administrator may require a performance test under CAA section 114 at any time
Yes.
§63.7(b)(1)
Notification of Performance Test
Must notify Administrator 60 days before the test
Yes.
§63.7(b)(2)
Notification of Rescheduling
Must notify Administrator 5 days before scheduled date and provide rescheduled date
Yes.
§63.7(c)
Quality Assurance/Test Plan
Requirements; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing
Yes.
§63.7(d)
Testing Facilities

Yes.
§63.7(e)(1)
Conditions for Conducting Performance Tests
See §63.9800.
No, §63.9800 specifies requirements.
§63.7(e)(2)
Conditions for Conducting Performance Tests
Must conduct according to subpart and EPA test methods unless Administrator approves alternative
Yes.
§63.7(e)(3)
Test Run Duration
Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used
Yes; Yes, except where specified in §63.9800 for batch process sources; Yes.
§63.7(f)
Alternative Test Method

Yes.
§63.7(g)
Performance Test Data Analysis

Yes, except this subpart specifies how and when the performance test and performance evaluation results are reported.
§63.7(h)
Waiver of Test

Yes.
§63.8(a)(1)
Applicability of Monitoring Requirements

Yes.
§63.8(a)(2)
Performance Specifications
Performance Specifications in appendix B of 40 CFR part 60 apply
Yes.
§63.8(a)(3)
[Reserved]

§63.8(a)(4)
Monitoring with Flares

Not applicable.
§63.8(b)(1)
Monitoring
Must conduct monitoring according to standard unless Administrator approves alternative
Yes.
§63.8(b)(2)-(3)
Multiple Effluents and Multiple Monitoring Systems
Specific requirements for installing and reporting on monitoring systems
Yes.
§63.8(c)(1)
Continuous Monitoring System Operation and Maintenance
Maintenance consistent with good air pollution control practices
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.8(c)(2)-(3)
Monitoring System Installation
Must install to get representative emission and parameter measurements
Yes.
§63.8(c)(4)
CMS Requirements

No, §63.9808 specifies requirements.
§63.8(c)(5)
COMS Minimum Procedures

Not applicable.
§63.8(c)(6)
CMS Requirements

Applies only to sources required to install and operate a THC CEMS.
§63.8(c)(7)(i)(A)
CMS Requirements

Applies only to sources required to install and operate a THC CEMS.
§63.8(c)(7)(i)(B)
CMS Requirements

Applies only to sources required to install and operate a THC CEMS.
§63.8(c)(7)(i)(C)
CMS Requirements

Not applicable.
§63.8(c)(7)(ii)
CMS Requirements
Corrective action required when CMS is out of control
Yes.
§63.8(c)(8)
CMS Requirements

Yes.
§63.8(d)(1) and (2)
CMS Quality Control

Yes.
§63.8(d)(3)
Written procedures for CMS

No, §63.9794(a)(8) specifies requirements.
§63.8(e)
CMS Performance Evaluation

Applies only to sources required to install and operate a THC CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§63.8(f)(1)-(5)
Alternative Monitoring Method

Yes.
§63.8(f)(6)
Alternative to Relative Accuracy Test

Yes.
§63.8(g)
Data Reduction

Applies only to sources required to install and operate a THC CEMS.
§63.9(a)
Notification Requirements

Yes.
§63.9(b)(1)-(5)
Initial Notifications

Yes.
§63.9(c)
Request for Compliance Extension

Yes.
§63.9(d)
Notification of Special Compliance Requirements for New Source

Yes.
§63.9(e)
Notification of Performance Test
Notify Administrator 60 days prior
Yes.
§63.9(f)
Notification of VE/Opacity Test

Not applicable.
§63.9(g)
Additional Notifications When Using CMS

Applies only to sources required to install and operate a THC CEMS.
§63.9(h)
Notification of Compliance Status

Yes.
§63.9(i)
Adjustment of Submittal Deadlines

Yes.
§63.9(j)
Change in Previous Information

Yes.
§63.9(k)
Notifications
Electronic reporting procedures
Yes, only as specified in §63.9(j)
§63.10(a)
Recordkeeping/Reporting

Yes.
§63.10(b)(1)
General Recordkeeping Requirements

Yes.
§63.10(b)(2)(i)-(ii)
Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Failures to Meet Standards
See §63.9816
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(b)(2)(iii)
Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment

Yes.
§63.10(b)(2)(iv)-(v)
Actions Taken to Minimize Emissions during SSM

Yes before [date 181 days after date of publication of final rule in the Federal Register].
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(b)(2)(vi)
Recordkeeping for CMS Malfunctions
See §63.9816(c)(5).
Yes before [date 181 days after date of publication of final rule in the Federal Register].
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(b)(2)(vii)-(xi)
Records
Measurements to demonstrate compliance with emission limitations; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluations
Yes.
§63.10(b)(2)(xii)
Records
Records when under waiver
Yes.
§63.10(b)(2)(xiii)
Records
Records when using alternative to relative accuracy test
Not applicable.
§63.10(b)(2)(xiv)
Records
All documentation supporting Initial Notification and Notification of Compliance Status
Yes.
§63.10(b)(3)
Records
Applicability Determinations
Yes.
§63.10(c)(1), (c)(5)-(6)
Additional Records for CMS

Yes.
§63.10(c)(2)-(4)
Records
Additional Records for CMS
Not applicable
§63.10(c)(7)-(8)
Records of excess emissions and parameter monitoring exceedances for CMS
§63.9816 specifies requirements.
No.
§63.10(c)(9)
Records
Additional Records for CMS
Not applicable
§63.10(c)(10)-(14)
Additional Records for CMS

Yes.
§63.10(c)(15)
Records Regarding the SSM Plan.

Yes before [date 181 days after date of publication of final rule in the Federal Register].
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(d)(1)
General Reporting Requirements
Requirements for reporting
Yes.
§63.10(d)(2)
Report of Performance Test Results
When to submit to Federal or State authority
No. This subpart specifies how and when the performance test results are reported.
§63.10(d)(3)
Reporting Opacity or VE Observations

Not applicable.
§63.10(d)(4)
Progress Reports
Must submit progress reports on schedule if under compliance extension
Yes.
§63.10(d)(5)
Startup, Shutdown, and Malfunction Reports
Contents and submission
See §63.9814 (d) and (e) for malfunction reporting requirements.
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(e)(1)-(2)
Additional CMS Reports

Applies only to sources required to install and operate a THC CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§63.10(e)(3)
Reports

No, §63.9814 specifies requirements.
§63.10(e)(4)
Reporting COMS data

Not applicable.
§63.10(f)
Waiver for Recordkeeping/Reporting

Yes.
§63.11
Flares

Not applicable.
§63.12
Delegation

Yes.
§63.13
Addresses

Yes.
§63.14
Incorporation by Reference

Yes.
§63.15
Availability of Information and Confidentiality

Yes.
§63.16
Performance Track Provisions

Yes.

Title 40: Protection of Environment

PART 63 -- NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart SSSSS -- National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing
REDLINE Rule Changes for Proposed Residual Risk and Technology Review
Contents

WHAT THIS SUBPART COVERS
§63.9780   What is the purpose of this subpart?
§63.9782   Am I subject to this subpart?
§63.9784   What parts of my plant does this subpart cover?
§63.9786   When do I have to comply with this subpart?
EMISSION LIMITATIONS AND WORK PRACTICE STANDARDS
§63.9788   What emission limits, operating limits, and work practice standards must I meet?
§63.9790   What are my options for meeting the emission limits?
GENERAL COMPLIANCE REQUIREMENTS
§63.9792   What are my general requirements for complying with this subpart?
§63.9794   What do I need to know about operation, maintenance, and monitoring plans?
TESTING AND INITIAL COMPLIANCE REQUIREMENTS
§63.9796   By what date must I conduct performance tests?
§63.9798   When must I conduct subsequent performance tests?
§63.9800   How do I conduct performance tests and establish operating limits?
§63.9802   How do I develop an emissions profile?
§63.9804   What are my monitoring system installation, operation, and maintenance requirements?
§63.9806   How do I demonstrate initial compliance with the emission limits, operating limits, and work practice standards?
CONTINUOUS COMPLIANCE REQUIREMENTS
§63.9808   How do I monitor and collect data to demonstrate continuous compliance?
§63.9810   How do I demonstrate continuous compliance with the emission limits, operating limits, and work practice standards?
NOTIFICATIONS, REPORTS, AND RECORDS
§63.9812   What notifications must I submit and when?
§63.9814   What reports must I submit and when?
§63.9816   What records must I keep?
§63.9818   In what form and how long must I keep my records?
OTHER REQUIREMENTS AND INFORMATION
§63.9820   What parts of the General Provisions apply to me?
§63.9822   Who implements and enforces this subpart?
§63.9824   What definitions apply to this subpart?
Table 1 to Subpart SSSSS of Part 63 -- Emission Limits
Table 2 to Subpart SSSSS of Part 63 -- Operating Limits
Table 3 to Subpart SSSSS of Part 63 -- Work Practice Standards
Table 4 to Subpart SSSSS to Part 63 -- Requirements for Performance Tests
Table 5 to Subpart SSSSS of Part 63 -- Initial Compliance With Emission Limits
Table 6 to Subpart SSSSS of Part 63 -- Initial Compliance With Work Practice Standards
Table 7 to Subpart SSSSS of Part 63 -- Continuous Compliance with Emission Limits
Table 8 to Subpart SSSSS of Part 63 -- Continuous Compliance with Operating Limits
Table 9 to Subpart SSSSS of Part 63 -- Continuous Compliance With Work Practice Standards
Table 10 to Subpart SSSSS of Part 63 -- Requirements for Reports
Table 11 to Subpart SSSSS of Part 63 -- Applicability of General Provisions to Subpart SSSSS

What This Subpart Covers
§63.9780   What is the purpose of this subpart?
This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for refractory products manufacturing facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations.
§63.9782   Am I subject to this subpart?
You are subject to this subpart if you own or operate a refractory products manufacturing facility that is, is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions according to the criteria in paragraphs (a) and (b) of this section.
(a) A refractory products manufacturing facility is a plant site that manufactures refractory products (refractory bricks, refractory shapes, monolithics, kiln furniture, crucibles, and other materials used for lining furnaces and other high temperature process units), as defined in §63.9824. Refractory products manufacturing facilities typically process raw material by crushing, grinding, and screening; mixing the processed raw materials with binders and other additives; forming the refractory mix into shapes; and drying and firing the shapes.
(b) A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.
§63.9784   What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, or existing affected source at a refractory products manufacturing facility.
(b) The existing affected sources are shape dryers, curing ovens, and kilns that are used to manufacture refractory products that use organic HAP; shape preheaters, pitch working tanks, defumers, and coking ovens that are used to produce pitch-impregnated refractory products; kilns that are used to manufacture chromium refractory products; and kilns that are used to manufacture clay refractory products.
(c) The new or reconstructed affected sources are shape dryers, curing ovens, and kilns that are used to manufacture refractory products that use organic HAP; shape preheaters, pitch working tanks, defumers, and coking ovens used to produce pitch-impregnated refractory products; kilns that are used to manufacture chromium refractory products; and kilns that are used to manufacture clay refractory products.
(d) Shape dryers, curing ovens, kilns, coking ovens, defumers, shape preheaters, and pitch working tanks that are research and development (R&D) process units are not subject to the requirements of this subpart. (See definition of research and development process unit in §63.9824).
(e) A source is a new affected source if you began construction of the affected source after June 20, 2002, and you met the applicability criteria at the time you began construction.
(f) An affected source is reconstructed if you meet the criteria as defined in §63.2.
(g) An affected source is existing if it is not new or reconstructed.
§63.9786   When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must comply with this subpart according to paragraphs (a)(1) and (2) of this section.
(1) If the initial startup of your affected source is before April 16, 2003, then you must comply with the emission limitations for new and reconstructed sources in this subpart no later than April 16, 2003, except as otherwise specified in §§63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.
(2) If the initial startup of your affected source is after April 16, 2003, then you must comply with the emission limitations for new and reconstructed sources in this subpart upon initial startup of your affected source, except as otherwise specified in §§63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.
(b) If you have an existing affected source, you must comply with the emission limitations for existing sources no later than April 17, 2006, except as otherwise specified in §§63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.
(c) You must be in compliance with this subpart when you conduct a performance test on an affected source.
(d) If you have an existing area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, you must be in compliance with this subpart according to paragraphs (d)(1) and (2) of this section.
(1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.
(2) All other parts of the existing facility must be in compliance with this subpart by 3 years after the date the area source becomes a major source, except as otherwise specified in §§63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.
(e) If you have a new area source (i.e., an area source for which construction or reconstruction was commenced after June 20, 2002) that increases its emissions or its potential to emit such that it becomes a major source of HAP, you must be in compliance with this subpart upon initial startup of your affected source as a major source.
(f) You must meet the notification requirements in §63.9812 according to the schedule in §63.9812 and in 40 CFR part 63, subpart A. Some of the notifications must be submitted before you are required to comply with the emission limitations in this subpart.
Emission Limitations and Work Practice Standards
§63.9788   What emission limits, operating limits, and work practice standards must I meet?
(a) You must meet each emission limit in Table 1 to this subpart that applies to you.
(b) You must meet each operating limit in Table 2 to this subpart that applies to you.
(c) You must meet each work practice standard in Table 3 to this subpart that applies to you.
§63.9790   What are my options for meeting the emission limits?
To meet the emission limits in Table 1 to this subpart, you must use one or both of the options listed in paragraphs (a) and (b) of this section.
(a) Emissions control system. Use an emissions capture and collection system and an add-on air pollution control device (APCD) and demonstrate that the resulting emissions or emissions reductions meet the applicable emission limits in Table 1 to this subpart, and demonstrate that the capture and collection system and APCD meet the applicable operating limits in Table 2 to this subpart.
(b) Process changes. Use raw materials that have little or no potential to emit HAP during the refractory products manufacturing process or implement manufacturing process changes and demonstrate that the resulting emissions or emissions reductions meet the applicable emission limits in Table 1 to this subpart without an add-on APCD.
General Compliance Requirements
§63.9792   What are my general requirements for complying with this subpart?
(a) You must be in compliance with the emission limitations (including operating limits and work practice standards) in this subpart at all times, except during periods specified in paragraphs (a)(1) and (2) of this section before [date 181 days after date of publication of final rule in the Federal Register]. You must be in compliance with the emission limitations (including operating limits and work practice standards) in this subpart at all times, on or after [date 181 days after date of publication of final rule in the Federal Register].
(1) Periods of startup, shutdown, and malfunction.
(2) Periods of scheduled maintenance on a control device that is used on an affected continuous kiln, as specified in paragraph (e) of this section.
(b) Except as specified in paragraph (e) of this section, before [date 181 days after date of publication of final rule in the Federal Register], you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in §63.6(e)(1)(i). During the period between the compliance date specified for your affected source in §63.9786 and the date upon which continuous monitoring systems have been installed and validated and any applicable operating limits have been established, you must maintain a log detailing the operation and maintenance of the process and emissions control equipment. On and after [date 181 days after date of publication of final rule in the Federal Register], at all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source.
(c) Before [date 181 days after date of publication of final rule in the Federal Register], you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in §63.6(e)(3). On or after [date 181 days after date of publication of final rule in the Federal Register], you are not required to develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in §63.6(e)(3).
(d) You must prepare and implement a written operation, maintenance, and monitoring (OM&M) plan according to the requirements in §63.9794.
(e) If you own or operate an affected continuous kiln used to manufacture refractory products that use organic HAP and you must perform scheduled maintenance on the total hydrocarbon (THC) control device for that kiln, you may bypass the kiln THC control device and continue operating the kiln subject to the alternative standard established in this paragraph upon approval by the Administrator, provided you satisfy the conditions listed in paragraphs (e)(1) through (3) of this section.
(1) You must request approval from the Administrator to bypass the control device while the scheduled maintenance is performed. You must submit a separate request each time you plan to bypass the control device, and your request must include the information specified in paragraphs (e)(1)(i) through (vi) of this section.
(i) Reason for the scheduled maintenance.
(ii) Explanation for why the maintenance cannot be performed when the kiln is shut down.
(iii) Detailed description of the maintenance activities.
(iv) Time required to complete the maintenance.
(v) How you will minimize HAP emissions from the kiln during the period when the control device is out of service.
(vi) How you will minimize the time when the kiln is operating and the control device is out of service for scheduled maintenance.
(2) Before [date 181 days after date of publication of final rule in the Federal Register], you must minimize HAP emissions during the period when the kiln is operating and the control device is out of service. On and after [date 181 days after date of publication of final rule in the Federal Register], you must minimize HAP emissions during the period when the kiln is operating and the control device is out of service by complying with the applicable standard in Table 3 to this subpart.
(3) You must minimize the time period during which the kiln is operating and the control device is out of service. On and after [date 181 days after date of publication of final rule in the Federal Register], the total time during which the kiln is operating and the control device is out of service for each year on a 12-month rolling basis must not exceed 750 hours.
(f) You must be in compliance with the provisions of subpart A of this part, except as noted in Table 11 to this subpart.
§63.9794   What do I need to know about operation, maintenance, and monitoring plans?
(a) For each continuous parameter monitoring system (CPMS) required by this subpart, you must develop, implement, make available for inspection, and revise, as necessary, an OM&M plan that includes the information in paragraphs (a)(1) through (13) of this section.
(1) A list and identification of each process and add-on APCD that is required by this subpart to be monitored, the type of monitoring device that will be used, and the operating parameters that will be monitored.
(2) Specifications for the sensor, signal analyzer, and data collection system.
(3) A monitoring schedule that specifies the frequency that the parameter values will be determined and recorded.
(4) The operating limits for each parameter that represent continuous compliance with the emission limitations in §63.9788, based on values of the monitored parameters recorded during performance tests.
(5) Procedures for installing the CPMS at a measurement location relative to each process unit or APCD such that measurement is representative of control of emissions.
(6) Procedures for the proper operation and routine and long-term maintenance of each process unit and APCD, including a maintenance and inspection schedule that is consistent with the manufacturer's recommendations.
(7) Before [date 181 days after date of publication of final rule in the Federal Register], procedures for the proper operation and maintenance of monitoring equipment consistent with the requirements in §§63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9804. On or after [date 181 days after date of publication of final rule in the Federal Register], procedures for the proper operation and maintenance of monitoring equipment consistent with the requirements in §§63.8(c)(3), (4)(ii), (7), and (8), and 63.9804.
(8) Before [date 181 days after date of publication of final rule in the Federal Register], ongoing data quality assurance procedures in accordance with the general requirements of §63.8(d). On or after [date 181 days after date of publication of final rule in the Federal Register], ongoing data quality assurance procedures consistent with the requirements in § 63.8(d)(1) and (2). You must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan in § 63.8(d)(2) is revised, you must keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under § 63.8(d)(2).
(9) Procedures for evaluating the performance of each CPMS.
(10) Procedures for responding to operating parameter deviations, including the procedures in paragraphs (a)(10)(i) through (iii) of this section:
(i) Procedures for determining the cause of the operating parameter deviation.
(ii) Actions for correcting the deviation and returning the operating parameters to the allowable limits.
(iii) Procedures for recording the times that the deviation began and ended, and when corrective actions were initiated and completed.
(11) Procedures for keeping records to document compliance and reporting in accordance with the requirements of §63.10(c), (e)(1), and (e)(2)(i).
(12) If you operate a kiln that is subject to the limits on the type of fuel used, as specified in items 3, 4, and 5 of Table 3 to subpart SSSSS, procedures for using alternative fuels.
(13) If you operate an affected continuous kiln used to manufacture refractory products that use organic HAP and you plan to take the kiln THC control device out of service for scheduled maintenance, as specified in §63.9792(e), the procedures specified in paragraphs (a)(13)(i) and (ii) of this section.
(i) Procedures for minimizing HAP emissions from the kiln during periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service. On or after [date 181 days after date of publication of final rule in the Federal Register], document the average mass fraction of organic HAP in the resins, binders, and additives of the products that are manufactured on that kiln, the products with a mass fraction of organic HAP in the resins, binders, and additives that is less than the average, procedures for scheduling the manufacture of those products, and procedures for ensuring that manufacture of products with a mass fraction of organic HAP in the resins, binders, and additives greater than the average does not exceed five kiln cars per year on a 12-month rolling basis.
(ii) Procedures for minimizing any period of scheduled maintenance on the kiln control device when the kiln is operating and the control device is out of service. On or after [date 181 days after date of publication of final rule in the Federal Register], procedures for ensuring that the total time during which the kiln is operating and the control device is out of service does not exceed 750 hours for each year on a 12-month rolling basis.
(b) Changes to the operating limits in your OM&M plan require a new performance test. If you are revising an operating limit parameter value, you must meet the requirements in paragraphs (b)(1) and (2) of this section.
(1) Submit a Notification of Performance Test to the Administrator as specified in §63.7(b).
(2) After completing the performance tests to demonstrate that compliance with the emission limits can be achieved at the revised operating limit parameter value, you must submit the summary of the performance test results and the revised operating limits as part of the Notification of Compliance Status required under §63.9(h) and the complete test report according to §63.9814(h).
(c) If you are revising the inspection and maintenance procedures in your OM&M plan, you do not need to conduct a new performance test.
Testing and Initial Compliance Requirements
§63.9796   By what date must I conduct performance tests?
You must conduct performance tests within 180 calendar days after the compliance date that is specified for your source in §63.9786 and according to the provisions in §63.7(a)(2).
§63.9798   When must I conduct subsequent performance tests?
(a) You must conduct a performance test every 5 years following the initial performance test, as part of renewing your 40 CFR part 70 or 40 CFR part 71 operating permit.
(b) You must conduct a performance test when you want to change the parameter value for any operating limit specified in your OM&M plan.
(c) If you own or operate a source that is subject to the emission limits specified in items 2 through 9 of Table 1 to this subpart, you must conduct a performance test on the source(s) listed in paragraphs (c)(1) and (2) of this section before you start production of any refractory product for which the organic HAP processing rate is likely to exceed by more than 10 percent the maximum organic HAP processing rate established during the most recent performance test on that same source.
(1) Each affected shape dryer or curing oven that is used to process the refractory product with the higher organic HAP processing rate.
(2) Each affected kiln that follows an affected shape dryer or curing oven and is used to process the refractory product with the higher organic HAP processing rate.
(d) If you own or operate a kiln that is subject to the emission limits specified in item 5 or 9 of Table 1 to this subpart, you must conduct a performance test on the affected kiln following any process changes that are likely to increase organic HAP emissions from the kiln (e.g., a decrease in the curing cycle time for a curing oven that precedes the affected kiln in the process line).
(e) If you own or operate a clay refractory products kiln that is subject to the emission limits specified in item 10 or 11 of Table 1 to this subpart and is controlled with a dry limestone adsorber (DLA), you must conduct a performance test on the affected kiln following any change in the source of limestone used in the DLA.
§63.9800   How do I conduct performance tests and establish operating limits?
(a) You must conduct each performance test in Table 4 to this subpart that applies to you.
(b) Before conducting the performance test, you must install and validate all monitoring equipment.
(c) Before [date 181 days after date of publication of final rule in the Federal Register], each performance test must be conducted according to the requirements in §63.7 and under the specific conditions in Table 4 to this subpart. On or after [date 181 days after date of publication of final rule in the Federal Register], each performance test must be conducted under the specific conditions in Table 4 to this subpart.
(d) Before [date 181 days after date of publication of final rule in the Federal Register], you may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in §63.7(e)(1). On or after [date 181 days after date of publication of final rule in the Federal Register], you may not conduct performance tests during periods of malfunction. You also may not conduct performance tests during periods of startup or shutdown. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. You must make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
(e) You must conduct separate test runs for at least the duration specified for each performance test required in this section, as specified in §63.7(e)(3) and Table 4 to this subpart.
(f) For batch process sources, you must satisfy the requirements specified in paragraphs (f)(1) through (5) of this section.
(1) You must conduct at least two test runs.
(2) Each test run must last an entire batch cycle unless you develop an emissions profile, as specified in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this subpart, or you satisfy the conditions for terminating a test run prior to the completion of a batch cycle as specified in item 8(a)(i)(5) of Table 4 to this subpart.
(3) Each test run must be performed over a separate batch cycle unless you satisfy the conditions for conducting both test runs over a single batch cycle, as described in paragraphs (f)(3)(i) and (ii) of this section.
(i) You do not produce the product that corresponds to the maximum organic HAP processing rate for that batch process source in consecutive batch cycles.
(ii) To produce that product in two consecutive batch cycles would disrupt production of other refractory products.
(4) If you want to conduct a performance test over a single batch cycle, you must include in your Notification of Performance Test the rationale for testing over a single batch cycle.
(5) If you are granted approval to conduct a performance test over a single batch cycle, you must use paired sampling trains and collect two sets of emissions data. Each set of data can be considered a separate test run.
(g) You must use the data gathered during the performance test and the equations in paragraphs (g)(1) through (4) of this section to determine compliance with the emission limitations.
(1) To determine compliance with the total hydrocarbon (THC) emission concentration limit listed in Table 1 to this subpart, you must calculate your emission concentration corrected to 18 percent oxygen for each test run using Equation 1 of this section:

Where:
C THC-C = THC concentration, corrected to 18 percent oxygen, parts per million by volume, dry basis (ppmvd)
C THC = THC concentration (uncorrected), ppmvd
CO2 = oxygen concentration, percent.
(2) To determine compliance with any of the emission limits based on percentage reduction across an emissions control system specified in Table 1 to this subpart, you must calculate the percentage reduction for each test run using Equation 2 of this section:

Where:
PR = percentage reduction, percent
ERi = mass emissions rate of specific HAP or pollutant (THC, HF, or HCl) entering the control device, kilograms (pounds) per hour
ERo = mass emissions rate of specific HAP or pollutant (THC, HF, or HCl) exiting the control device, kilograms (pounds) per hour.
(3) To determine compliance with production-based hydrogen fluoride (HF) and hydrogen chloride (HCl) emission limits in Table 1 to this subpart, you must calculate your mass emissions per unit of uncalcined clay processed for each test run using Equation 3 of this section:

Where:
MP = mass per unit of production, kilograms of pollutant per megagram (pounds per ton) of uncalcined clay processed
ER = mass emissions rate of specific HAP (HF or HCl) during each performance test run, kilograms (pounds) per hour
P = average uncalcined clay processing rate for the performance test, megagrams (tons) of uncalcined clay processed per hour.
(4) To determine compliance with the mercury (Hg) emission concentration limit listed in Table 1 to this subpart, you must calculate your emission concentration corrected to 18 percent oxygen for each test run using Equation 4 of this section:
CHg-C=2.9xCHg20.9-CO2#Eq. 4
Where:
CHg-C = Hg concentration, corrected to 18 percent oxygen, micrograms per dry standard cubic meters (ug/dscm)
CHg = Hg concentration (uncorrected), ug/dscm
CO2 = oxygen concentration, percent.
(h) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you, as specified in Table 4 to this subpart.
(i) For each affected source that is equipped with an add-on APCD that is not addressed in Table 2 to this subpart or that is using process changes as a means of meeting the emission limits in Table 1 to this subpart, you must meet the requirements in §63.8(f) and paragraphs (i)(1) through (3) of this section.
(1) For sources subject to the THC concentration limit specified in item 3 or 7 of Table 1 to this subpart, you must satisfy the requirements specified in paragraphs (i)(1)(i) through (iii) of this section.
(i) You must install a THC continuous emissions monitoring system (CEMS) at the outlet of the control device or in the stack of the affected source.
(ii) You must meet the requirements specified in Performance Specification (PS) 8 of 40 CFR part 60, appendix B.
(iii) You must meet the requirements specified in Procedure 1 of 40 CFR part 60, appendix F.
(2) For sources subject to the emission limits specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must submit a request for approval of alternative monitoring methods to the Administrator no later than the submittal date for the Notification of Performance Test, as specified in §63.9812(d). The request must contain the information specified in paragraphs (i)(2)(i) through (v) of this section.
(i) Description of the alternative add-on APCD or process changes.
(ii) Type of monitoring device or method that will be used, including the sensor type, location, inspection procedures, quality assurance and quality control measures, and data recording device.
(iii) Operating parameters that will be monitored.
(iv) Frequency that the operating parameter values will be determined and recorded to establish continuous compliance with the operating limits.
(v) Averaging time.
(3) You must establish site-specific operating limits during the performance test based on the information included in the approved alternative monitoring methods request and, as applicable, as specified in Table 4 to this subpart.
§63.9802   How do I develop an emissions profile?
If you decide to develop an emissions profile for an affected batch process source; as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table 4 to this subpart, you must measure and record mass emissions of the applicable pollutant throughout a complete batch cycle of the affected batch process source according to the procedures described in paragraph (a) or (b) of this section.
(a) If your affected batch process source is subject to the THC concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to this subpart or the THC percentage reduction limit specified in item 6(b) or 7(b) of Table 1 to this subpart, you must measure and record the THC mass emissions rate at the inlet to the control device using the test methods, averaging periods, and procedures specified in items 10(a) and (b) of Table 4 to this subpart for each complete hour of the batch process cycle.
(b) If your affected batch process source is subject to the HF and HCl percentage reduction emission limits in item 11 of Table 1 to this subpart, you must measure and record the HF mass emissions rate at the inlet to the control device through a series of 1-hour test runs according to the test method specified in item 14(a) of Table 4 to this subpart for each complete hour of the batch process cycle.
§63.9804   What are my monitoring system installation, operation, and maintenance requirements?
(a) You must install, operate, and maintain each CPMS required by this subpart according to your OM&M plan and the requirements in paragraphs (a)(1) through (15) of this section.
(1) You must satisfy all applicable requirements of performance specifications for CPMS specified in 40 CFR part 60, appendix B, upon promulgation of such performance specifications.
(2) You must satisfy all applicable requirements of quality assurance (QA) procedures for CPMS specified in 40 CFR part 60, appendix F, upon promulgation of such QA procedures.
(3) You must install each sensor of your CPMS in a location that provides representative measurement of the appropriate parameter over all operating conditions, taking into account the manufacturer's guidelines.
(4) You must use a CPMS that is capable of measuring the appropriate parameter over a range that extends from a value of at least 20 percent less than the lowest value that you expect your CPMS to measure, to a value of at least 20 percent greater than the highest value that you expect your CPMS to measure.
(5) You must use a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (a)(4) of this section.
(6) You must use a signal conditioner, wiring, power supply, and data acquisition and recording system that are compatible with the output signal of the sensors used in your CPMS.
(7) You must perform an initial calibration of your CPMS based on the procedures specified in the manufacturer's owner's manual.
(8) You must use a CPMS that is designed to complete a minimum of one cycle of operation for each successive 15-minute period. To have a valid hour of data, you must have at least three of four equally-spaced data values (or at least 75 percent of the total number of values if you collect more than four data values per hour) for that hour (not including startup, shutdown, malfunction, or out-of-control periods).
(9) You must record valid data from at least 90 percent of the hours during which the affected source or process operates.
(10) You must determine and record the 15-minute block averages of all measurements, calculated after every 15 minutes of operation as the average of the previous 15 operating minutes (not including periods of startup, shutdown, or malfunction).
(11) You must determine and record the 3-hour block averages of all 15-minute recorded measurements, calculated after every 3 hours of operation as the average of the previous 3 operating hours (not including periods of startup, shutdown, or malfunction).
(12) You must record the results of each inspection, calibration, initial validation, and accuracy audit.
(13) At all times, you must maintain your CPMS in accordance with §63.9792(b), including, but not limited to, keeping the necessary parts readily available for routine repairs of the CPMS.
(14) You must perform an initial validation of your CPMS under the conditions specified in paragraphs (14)(i) and (ii) of this section.
(i) Prior to the initial performance test on the affected source for which the CPMS is required.
(ii) Within 180 days of your replacing or relocating one or more of the sensors of your CPMS.
(15) Except for redundant sensors, as defined in §63.9824, any device that you use to conduct an initial validation or accuracy audit of your CPMS must meet the accuracy requirements specified in paragraphs (15)(i) and (ii) of this section.
(i) The device must have an accuracy that is traceable to National Institute of Standards and Technology (NIST) standards.
(ii) The device must be at least three times as accurate as the required accuracy for the CPMS.
(b) For each temperature CPMS that is used to monitor the combustion chamber temperature of a thermal oxidizer or the catalyst bed inlet temperature of a catalytic oxidizer, you must meet the requirements in paragraphs (a) and (b)(1) through (6) of this section.
(1) Use a temperature CPMS with a minimum accuracy of +-1.0 percent of the temperature value or 2.8 degrees Celsius (°C) (5 degrees Fahrenheit (°F)), whichever is greater.
(2) Use a data recording system with a minimum resolution of one-half or better of the required CPMS accuracy specified in paragraph (b)(1) of this section.
(3) Perform an initial validation of your CPMS according to the requirements in paragraph (3)(i) or (ii) of this section.
(i) Place the sensor of a calibrated temperature measurement device adjacent to the sensor of your temperature CPMS in a location that is subject to the same environment as the sensor of your temperature CPMS. The calibrated temperature measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your CPMS are operating normally, record concurrently and compare the temperatures measured by your temperature CPMS and the calibrated temperature measurement device. Using the calibrated temperature measurement device as the reference, the temperature measured by your CPMS must be within the accuracy specified in paragraph (b)(1) of this section.
(ii) Perform any of the initial validation methods for temperature CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.
(4) Perform an accuracy audit of your temperature CPMS at least quarterly, according to the requirements in paragraph (b)(4)(i), (ii), or (iii) of this section.
(i) If your temperature CPMS includes a redundant temperature sensor, record three pairs of concurrent temperature measurements within a 24-hour period. Each pair of concurrent measurements must consist of a temperature measurement by each of the two temperature sensors. The minimum time interval between any two such pairs of consecutive temperature measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your temperature CPMS are operating normally. Calculate the mean of the three values for each temperature sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (b)(1) of this section.
(ii) If your temperature CPMS does not include a redundant temperature sensor, place the sensor of a calibrated temperature measurement device adjacent to the sensor of your temperature CPMS in a location that is subject to the same environment as the sensor of your temperature CPMS. The calibrated temperature measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your temperature CPMS are operating normally, record concurrently and compare the temperatures measured by your CPMS and the calibrated temperature measurement device. Using the calibrated temperature measurement device as the reference, the temperature measured by your CPMS must be within the accuracy specified in paragraph (b)(1) of this section.
(iii) Perform any of the accuracy audit methods for temperature CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.
(5) Conduct an accuracy audit of your CPMS following any 24-hour period throughout which the temperature measured by your CPMS exceeds the manufacturer's specified maximum operating temperature range, or install a new temperature sensor.
(6) If your CPMS is not equipped with a redundant temperature sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.
(c) For each pressure CPMS that is used to monitor the pressure drop across a DLA or wet scrubber, you must meet the requirements in paragraphs (a) and (c)(1) through (7) of this section.
(1) Use a pressure CPMS with a minimum accuracy of +-5.0 percent or 0.12 kilopascals (kPa) (0.5 inches of water column (in. w.c.)), whichever is greater.
(2) Use a data recording system with a minimum resolution of one-half the required CPMS accuracy specified in paragraph (c)(1) of this section, or better.
(3) Perform an initial validation of your pressure CPMS according to the requirements in paragraph (c)(3)(i) or (ii) of this section.
(i) Place the sensor of a calibrated pressure measurement device adjacent to the sensor of your pressure CPMS in a location that is subject to the same environment as the sensor of your pressure CPMS. The calibrated pressure measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your CPMS are operating normally, record concurrently and compare the pressure measured by your CPMS and the calibrated pressure measurement device. Using the calibrated pressure measurement device as the reference, the pressure measured by your CPMS must be within the accuracy specified in paragraph (c)(1) of this section.
(ii) Perform any of the initial validation methods for pressure CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.
(4) Perform an accuracy audit of your pressure CPMS at least quarterly, according to the requirements in paragraph (c)(4)(i), (ii), or (iii) of this section.
(i) If your pressure CPMS includes a redundant pressure sensor, record three pairs of concurrent pressure measurements within a 24-hour period. Each pair of concurrent measurements must consist of a pressure measurement by each of the two pressure sensors. The minimum time interval between any two such pairs of consecutive pressure measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your CPMS are operating normally. Calculate the mean of the three pressure measurement values for each pressure sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (c)(1) of this section.
(ii) If your pressure CPMS does not include a redundant pressure sensor, place the sensor of a calibrated pressure measurement device adjacent to the sensor of your pressure CPMS in a location that is subject to the same environment as the sensor of your pressure CPMS. The calibrated pressure measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your pressure CPMS are operating normally, record concurrently and compare the pressure measured by your CPMS and the calibrated pressure measurement device. Using the calibrated pressure measurement device as the reference, the pressure measured by your CPMS must be within the accuracy specified in paragraph (c)(1) of this section.
(iii) Perform any of the accuracy audit methods for pressure CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.
(5) Conduct an accuracy audit of your CPMS following any 24-hour period throughout which the pressure measured by your CPMS exceeds the manufacturer's specified maximum operating pressure range, or install a new pressure sensor.
(6) At least monthly, check all mechanical connections on your CPMS for leakage.
(7) If your CPMS is not equipped with a redundant pressure sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.
(d) For each liquid flow rate CPMS that is used to monitor the liquid flow rate in a wet scrubber, you must meet the requirements in paragraphs (a) and (d)(1) through (7) of this section.
(1) Use a flow rate CPMS with a minimum accuracy of +-5.0 percent or 1.9 liters per minute (L/min) (0.5 gallons per minute (gal/min)), whichever is greater.
(2) Use a data recording system with a minimum resolution of one-half the required CPMS accuracy specified in paragraph (d)(1) of this section, or better.
(3) Perform an initial validation of your CPMS according to the requirements in paragraph (3)(i) or (ii) of this section.
(i) Use a calibrated flow rate measurement system to measure the liquid flow rate in a location that is adjacent to the measurement location for your flow rate CPMS and is subject to the same environment as your flow rate CPMS. The calibrated flow rate measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your flow rate CPMS are operating normally, record concurrently and compare the flow rates measured by your flow rate CPMS and the calibrated flow rate measurement device. Using the calibrated flow rate measurement device as the reference, the flow rate measured by your CPMS must be within the accuracy specified in paragraph (d)(1) of this section.
(ii) Perform any of the initial validation methods for liquid flow rate CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.
(4) Perform an accuracy audit of your flow rate CPMS at least quarterly, according to the requirements in paragraph (d)(4)(i), (ii), or (iii) of this section.
(i) If your flow rate CPMS includes a redundant sensor, record three pairs of concurrent flow rate measurements within a 24-hour period. Each pair of concurrent measurements must consist of a flow rate measurement by each of the two flow rate sensors. The minimum time interval between any two such pairs of consecutive flow rate measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your flow rate CPMS are operating normally. Calculate the mean of the three flow rate measurement values for each flow rate sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (d)(1) of this section.
(ii) If your flow rate CPMS does not include a redundant flow rate sensor, place the sensor of a calibrated flow rate measurement device adjacent to the sensor of your flow rate CPMS in a location that is subject to the same environment as the sensor of your flow rate CPMS. The calibrated flow rate measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your flow rate CPMS are operating normally, record concurrently and compare the flow rate measured by your pressure CPMS and the calibrated flow rate measurement device. Using the calibrated flow rate measurement device as the reference, the flow rate measured by your CPMS must be within the accuracy specified in paragraph (d)(1) of this section.
(iii) Perform any of the accuracy audit methods for liquid flow rate CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.
(5) Conduct an accuracy audit of your flow rate CPMS following any 24-hour period throughout which the flow rate measured by your CPMS exceeds the manufacturer's specified maximum operating range, or install a new flow rate sensor.
(6) At least monthly, check all mechanical connections on your CPMS for leakage.
(7) If your CPMS is not equipped with a redundant flow rate sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.
(e) For each pH CPMS that is used to monitor the pH of a wet scrubber liquid, you must meet the requirements in paragraphs (a) and (e)(1) through (5) of this section.
(1) Use a pH CPMS with a minium accuracy of +-0.2 pH units.
(2) Use a data recording system with a minimum resolution of 0.1 pH units, or better.
(3) Perform an initial validation of your pH CPMS according to the requirements in paragraph (e)(3)(i) or (ii) of this section.
(i) Perform a single-point calibration using an NIST-certified buffer solution that is accurate to within +-0.02 pH units at 25 °C (77 °F). If the expected pH of the liquid that is monitored lies in the acidic range (less than 7 pH), use a buffer solution with a pH value of 4.00. If the expected pH of the liquid that is monitored is neutral or lies in the basic range (equal to or greater than 7 pH), use a buffer solution with a pH value of 10.00. Place the electrode of your pH CPMS in the container of buffer solution. Record the pH measured by your CPMS. Using the certified buffer solution as the reference, the pH measured by your CPMS must be within the accuracy specified in paragraph (e)(1) of this section.
(ii) Perform any of the initial validation methods for pH CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.
(4) Perform an accuracy audit of your pH CPMS at least weekly, according to the requirements in paragraph (e)(4)(i), (ii), or (iii) of this section.
(i) If your pH CPMS includes a redundant pH sensor, record the pH measured by each of the two pH sensors. The measurements must be taken during periods when the process and control device that is monitored by your pH CPMS are operating normally. The two pH values must agree within the required overall accuracy of the CPMS, as specified in paragraph (e)(1) of this section.
(ii) If your pH CPMS does not include a redundant pH sensor, perform a single point calibration using an NIST-certified buffer solution that is accurate to within +-0.02 pH units at 25 °C (77 °F). If the expected pH of the liquid that is monitored lies in the acidic range (less than 7 pH), use a buffer solution with a pH value of 4.00. If the expected pH of the liquid that is monitored is neutral or lies in the basic range (equal to or greater than 7 pH), use a buffer solution with a pH value of 10.00. Place the electrode of the pH CPMS in the container of buffer solution. Record the pH measured by your CPMS. Using the certified buffer solution as the reference, the pH measured by your CPMS must be within the accuracy specified in paragraph (e)(1) of this section.
(iii) Perform any of the accuracy audit methods for pH CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.
(5) If your CPMS is not equipped with a redundant pH sensor, perform at least monthly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.
(f) For each bag leak detection system, you must meet the requirements in paragraphs (f)(1) through (11) of this section.
(1) Each triboelectric bag leak detection system must be installed, calibrated, operated, and maintained according to the "Fabric Filter Bag Leak Detection Guidance" (EPA-454/R-98-015, September 1997) (incorporated by reference, see §63.14). Other types of bag leak detection systems must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations.
(2) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter (PM) emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less.
(3) The bag leak detection system sensor must provide an output of relative PM loadings.
(4) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor.
(5) The bag leak detection system must be equipped with an alarm system that will be engaged automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located where it is easily recognized by plant operating personnel.
(6) For positive pressure fabric filter systems, a bag leak detector must be installed in each baghouse compartment or cell.
(7) For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter.
(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
(9) The baseline output must be established by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time according to section 5.0 of the "Fabric Filter Bag Leak Detection Guidance."
(10) Following initial adjustment of the system, the owner or operator must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time except as detailed in the OM&M plan. In no case may the sensitivity be increased by more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete fabric filter inspection that demonstrates that the fabric filter is in good operating condition. You must record each adjustment of your bag leak detection system.
(11) Record the results of each inspection, calibration, and validation check.
(g) For each lime feed rate measurement device that is used to monitor the lime feed rate of a dry injection fabric filter (DIFF) or dry lime scrubber/fabric filter (DLS/FF), or the chemical feed rate of a wet scrubber, you must meet the requirements in paragraph (a) of this section.
(h) For each affected source that is subject to the emission limit specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the requirements of paragraphs (h)(1) through (3) of this section.
(1) Install a THC CEMS at the outlet of the control device or in the stack of the affected source.
(2) Meet the requirements of PS-8 of 40 CFR part 60, appendix B.
(3) Meet the requirements of Procedure 1 of 40 CFR part 60, appendix F.
(i) Requests for approval of alternate monitoring methods must meet the requirements in §§63.9800(i)(2) and 63.8(f).
§63.9806   How do I demonstrate initial compliance with the emission limits, operating limits, and work practice standards?
(a) You must demonstrate initial compliance with each emission limit that applies to you according to the requirements specified in Table 5 to this subpart.
(b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements specified in §63.9800 and Table 4 to this subpart.
(c) You must demonstrate initial compliance with each work practice standard that applies to you according to the requirements specified in Table 6 to this subpart.
(d) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.9812(e). After [date of publication of final rule in the Federal Register] for affected sources that commence construction or reconstruction after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], and on and after [date 181 days after date of publication of final rule in the Federal Register] for all other affected sources, you must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.9812(e) and 63.9814(j).
Continuous Compliance Requirements
§63.9808   How do I monitor and collect data to demonstrate continuous compliance?
(a) You must monitor and collect data according to this section.
(b) At all times, you must maintain your monitoring systems in accordance with §63.9792(b), including, but not limited to, keeping the necessary parts readily available for routine repairs of the monitoring equipment.
(c) Except for, as applicable, monitoring system malfunctions, associated repairs, and required quality assurance or quality control activities, you must monitor continuously whenever your affected process unit is operating. For purposes of calculating data averages, you must not use data recorded during monitoring system malfunctions, associated repairs, and required quality assurance or quality control activities. You must use all the data collected during all other periods in assessing compliance. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system malfunctions include out of control continuous monitoring systems (CMS), such as a CPMS. Any averaging period for which you do not have valid monitoring data as a result of a monitoring system malfunction and for which such data are required constitutes a deviation, and you must notify the Administrator in accordance with §63.9814(e). Monitoring system failures are different from monitoring system malfunctions in that they are caused in part by poor maintenance or careless operation. Any period for which there is a monitoring system failure and data are not available for required calculations constitutes a deviation and you must notify the Administrator in accordance with §63.9814(e).
§63.9810   How do I demonstrate continuous compliance with the emission limits, operating limits, and work practice standards?
(a) You must demonstrate continuous compliance with each emission limit specified in Table 1 to this subpart that applies to you according to the requirements specified in Table 7 to this subpart.
(b) You must demonstrate continuous compliance with each operating limit specified in Table 2 to this subpart that applies to you according to the requirements specified in Table 8 to this subpart.
(c) You must demonstrate continuous compliance with each work practice standard specified in Table 3 to this subpart that applies to you according to the requirements specified in Table 9 to this subpart.
(d) For each affected source that is equipped with an add-on APCD that is not addressed in Table 2 to this subpart or that is using process changes as a means of meeting the emission limits in Table 1 to this subpart, you must demonstrate continuous compliance with each emission limit in Table 1 to this subpart and each operating limit established as required in §63.9800(i)(3) according to the methods specified in your approved alternative monitoring methods request as described in §63.9800(i)(2).
(e) Before [date 181 days after date of publication of final rule in the Federal Register], you must report each instance in which you did not meet each emission limit and each operating limit in this subpart that applies to you. This includes periods of startup, shutdown, and malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in §63.9814. On or after [date 181 days after date of publication of final rule in the Federal Register], you must report each instance in which you did not meet each emission limit and each operating limit in this subpart that applies to you. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in §63.9814.
(1) [Reserved]
(2) Before [date 181 days after date of publication of final rule in the Federal Register], consistent with §§63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with §63.6(e)(1) and your OM&M plan. The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in §63.6(e). On or after [date 181 days after date of publication of final rule in the Federal Register], consistent with §§63.9792(b) and 63.9800(d), deviations are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with §63.9792(b) and your OM&M plan. The Administrator will determine whether deviations are violations, according to the provisions in §63.9792(b).
(f) You must demonstrate continuous compliance with the operating limits in Table 2 to this subpart for visible emissions (VE) from clay refractory products kilns that are uncontrolled or equipped with DLA, dry lime injection fabric filter (DIFF), dry lime scrubber/fabric filter (DLS/FF) or other dry control device as described in paragraph (f)(1) or (2) of this section.
(1) VE testing. Monitoring VE at each kiln stack according to the requirements in paragraphs (f)(1)(i) through (v) of this section.
(i) Perform daily VE observations of each kiln stack according to the procedures of Method 22 of 40 CFR part 60, appendix A-7. You must conduct the Method 22 test while the affected source is operating under normal conditions. The duration of each Method 22 test must be at least 15 minutes.
(ii) If VE are observed during any daily test conducted using Method 22 of 40 CFR part 60, appendix A-7, you must promptly conduct an opacity test, according to the procedures of Method 9 of 40 CFR part 60, appendix A-4. If opacity greater than 10 percent is observed, you must initiate and complete corrective actions according to your OM&M plan.
(iii) You may decrease the frequency of Method 22 testing from daily to weekly for a kiln stack if one of the conditions in paragraph (f)(1)(iii)(A) or (B) of this section is met.
(A) No VE are observed in 30 consecutive daily Method 22 tests for any kiln stack; or
(B) No opacity greater than 10 percent is observed during any of the Method 9 tests for any kiln stack.
(iv) If VE are observed during any weekly test and opacity greater than 10 percent is observed in the subsequent Method 9 test, you must promptly initiate and complete corrective actions according to your OM&M plan, resume testing of that kiln stack following Method 22 of 40 CFR part 60, appendix A-7, on a daily basis, as described in paragraph (f)(1)(i) of this section, and maintain that schedule until one of the conditions in paragraph (f)(1)(iii)(A) or (B) of this section is met, at which time you may again decrease the frequency of Method 22 testing to a weekly basis.
(v) If greater than 10 percent opacity is observed during any test conducted using Method 9 of 40 CFR part 60, appendix A-4, you must report these deviations by following the requirements in §63.9814.
(2) Alternative to VE testing. In lieu of meeting the requirements under paragraph (f)(1) of this section, you may conduct a PM test at least once every year following the initial performance test, according to the procedures of Method 5 of 40 CFR part 60, appendix A-3, and the provisions of §63.9800(e) and (f).
Notifications, Reports, and Records
§63.9812   What notifications must I submit and when?
(a) You must submit all of the notifications in §§63.7(b) and (c), 63.8(f)(4), and 63.9 (b) through (e) and (h) that apply to you by the dates specified.
(b) As specified in §63.9(b)(2) and (3), if you start up your affected source before April 16, 2003, you must submit an Initial Notification not later than 120 calendar days after April 16, 2003 or no later than 120 days after the source becomes subject to this subpart, whichever is later.
(c) As specified in §63.9(b)(3), if you start up your new or reconstructed affected source on or after April 16, 2003, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart. Initial Notifications required to be submitted after [date of publication of final rule in the Federal Register] for affected sources that commence construction or reconstruction after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], and on and after [date 181 days after date of publication of final rule in the Federal Register] for all other affected sources submitting initial notifications required in §63.9(b) must be submitted following the procedure specified in §63.9814(h) through (l).
(d) If you are required to conduct a performance test, you must submit a Notification of Performance Test at least 60 calendar days before the performance test is scheduled to begin, as required in §63.7(b)(1).
(e) If you are required to conduct a performance test, you must submit a Notification of Compliance Status as specified in §63.9(h) and paragraphs (e)(1) and (2) of this section. After [date of publication of final rule in the Federal Register] for affected sources that commence construction or reconstruction after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], and on and after [date 181 days after date of publication of final rule in the Federal Register] for all other affected sources, submit all subsequent Notifications of Compliance Status following the procedure specified in §63.9814(h) through (l).
(1) For each compliance demonstration that includes a performance test conducted according to the requirements in Table 4 to this subpart, you must submit the Notification of Compliance Status, including the summary of the performance test results, before the close of business on the 60th calendar day following the completion of the performance test.
(2) In addition to the requirements in §63.9(h)(2)(i), you must include the information in paragraphs (e)(2)(i) through (iv) of this section in your Notification of Compliance Status.
(i) The operating limit parameter values established for each affected source with supporting documentation and a description of the procedure used to establish the values.
(ii) Design information and analysis with supporting documentation demonstrating conformance with requirements for capture/collection systems in Table 2 to this subpart.
(iii) A description of the methods used to comply with any applicable work practice standard.
(iv) For each APCD that includes a fabric filter, analysis and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems in §63.9804(f).
(f) If you operate a clay refractory products kiln, a chromium refractory products kiln, or curing oven, shape dryer, or kiln that is used to process refractory products that use organic HAP that is subject to the work practice standard specified in item 3, 4, or 5 of Table 3 to this subpart, and you intend to use a fuel other than natural gas or equivalent to fire the affected kiln, you must submit a notification of alternative fuel use within 48 hours of the declaration of a period of natural gas curtailment or supply interruption, as defined in §63.9824. The notification must include the information specified in paragraphs (f)(1) through (5) of this section.
(1) Company name and address.
(2) Identification of the affected kiln.
(3) Reason you are unable to use natural gas or equivalent fuel, including the date when the natural gas curtailment was declared or the natural gas supply interruption began.
(4) Type of alternative fuel that you intend to use.
(5) Dates when the alternative fuel use is expected to begin and end.
(g) If you own or operate an affected continuous kiln used to manufacture refractory products that use organic HAP and must perform scheduled maintenance on the THC control device for that kiln, you must request approval from the Administrator before bypassing the control device, as specified in §63.9792(e). You must submit a separate request for approval each time you plan to bypass the kiln control device.
§63.9814   What reports must I submit and when?
(a) You must submit each report in Table 10 to this subpart that applies to you.
(b) Unless the Administrator has approved a different schedule for submission of reports under §63.10(a), you must submit each report by the date in Table 10 to this subpart and as specified in paragraphs (b)(1) through (5) of this section.
(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.9786 and ending on June 30 or December 31 and lasting at least 6 months but less than 12 months. For example, if your compliance date is March 1, then the first semiannual reporting period would begin on March 1 and end on December 31.
(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively.
(3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively.
(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71 and, if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. In such cases, you must notify the Administrator of this change.
(c) The compliance report must contain the information in paragraphs (c)(1) through (7) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name, title, and signature, certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.
(3) Date of report and beginning and ending dates of the reporting period.
(4) Before [date 181 days after date of publication of final rule in the Federal Register], if you had a startup, shutdown, or malfunction during the reporting period, and you took actions consistent with your SSMP and OM&M plan, the compliance report must include the information specified in §63.10(d)(5)(i). On or after [date 181 days after date of publication of final rule in the Federal Register], if you had a deviation from any emission limitations (emission limit, operating limit, or work practice standard) during the reporting period that apply to you, and you took actions consistent with your OM&M plan, the compliance report must include the information specified in (d) and (e) of this section.
(5) If there are no deviations from any emission limitations (emission limit, operating limit, or work practice standard) that apply to you, the compliance report must include a statement that there were no deviations from the emission limitations during the reporting period.
(6) If there were no periods during which any affected CPMS was out of control as specified in §63.8(c)(7), the compliance report must include a statement that there were no periods during which the CPMS was out of control during the reporting period.
(7) For each period when an affected continuous kiln used to manufacture refractory products that use organic HAP was operating while the THC control device was out of service, the compliance report must include a description of the control device maintenance performed, including the information specified in paragraphs (c)(7)(i) through (vi) of this section.
(i) The date and time when the control device was shut down and restarted.
(ii) Identification of the kiln that was operating and the number of hours that the kiln operated while the control device was out of service.
(iii) A statement of whether or not the control device maintenance was included in your approved request to bypass the control device while scheduled maintenance is performed, developed as specified in §63.9792(e).
(iv) Before [date 181 days after date of publication of final rule in the Federal Register], a statement of whether emissions were minimized while the control device was out of service in accordance with your OM&M plan. After [date 181 days after date of publication of final rule in the Federal Register], a statement of whether emissions were minimized while the control device was out of service in accordance with your OM&M plan and the information specified in paragraphs (c)(7)(iv)(A) through (D) of this section.
(A) The average mass fraction of organic HAP in the resins, binders, and additives of the products that are manufactured on that kiln.
(B) The mass fraction of organic HAP in the resins, binders, and additives that were manufactured in the kiln while the control device was out of service.
(C) The number of kiln cars of products with a mass fraction of organic HAP in the resins, binders, and additives greater than the average in the kiln while the control device was out of service.
(D) The total number of kiln cars of products with a mass fraction of organic HAP in the resins, binders, and additives greater than the average in the kiln while the control device was out of service during the last year on a 12-month rolling basis.
(v) After [date 181 days after date of publication of final rule in the Federal Register], an estimate of the mass of organic HAP and THC emissions from the continuous kiln stack while the control device was out of service.
(vi) After [date 181 days after date of publication of final rule in the Federal Register], the total number of hours that the kiln has operated while the control device was out of service during the last year on a 12-month rolling basis.
(d) Before [date 181 days after date of publication of final rule in the Federal Register], for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) that occurs at an affected source where you are not using a CPMS to comply with the emission limitations in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this section. This includes periods of startup, shutdown, and malfunction. On or after [date 181 days after date of publication of final rule in the Federal Register], for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) that occurs at an affected source where you are not using a CPMS to comply with the emission limitations in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (4) and (d)(1) through (3) of this section.
(1) The compliance report must include the total operating time of each affected source during the reporting period.
(2) The compliance report must include information on the number, duration in hours, and cause of deviations (including unknown cause, if applicable) and the corrective action taken.
(3) The compliance report must include the date and time of each deviation, a list of the affected sources or equipment, and an estimate of each regulated pollutant emitted over the emission limit and a description of the method used to estimate the emissions.
(e) Before [date 181 days after date of publication of final rule in the Federal Register], for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) occurring at an affected source where you are using a CPMS to comply with the emission limitation in this subpart, the compliance report must include the information in paragraphs (c)(1) through (4) and (e)(1) through (13) of this section. This includes periods of startup, shutdown, and malfunction. On or after [date 181 days after date of publication of final rule in the Federal Register], for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) occurring at an affected source where you are using a CPMS to comply with the emission limitation in this subpart, the compliance report must include the information in paragraphs (c)(1) through (4) and (e)(1) through (13) of this section.
(1) The total operating time of each affected source during the reporting period.
(2) Before [date 181 days after date of publication of final rule in the Federal Register], the date and time that each startup, shutdown, or malfunction started and stopped. On or after [date 181 days after date of publication of final rule in the Federal Register], the date and time that each startup, shutdown, or malfunction started and stopped is not required.
(3) The date, time, and duration in hours that each CPMS was inoperative.
(4) The date, time and duration in hours that each CPMS was out of control, including the information in §63.8(c)(8), as required by your OM&M plan.
(5) Before [date 181 days after date of publication of final rule in the Federal Register], the date and time that each deviation from an emission limitation (emission limit, operating limit, or work practice standard) started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction. On or after [date 181 days after date of publication of final rule in the Federal Register], for each deviation from an emission limitation (emission limit, operating limit, or work practice standard), the date and time that each deviation started and stopped, the duration in hours, a list of the affected sources or equipment, an estimate of each regulated pollutant emitted over the emission limit, and a description of the method used to estimate the emissions.
(6) A description of corrective action taken in response to a deviation.
(7) The total number of deviations during the reporting period, a summary of the total duration in hours of the deviations during the reporting period, and the total duration as a percentage of the total source operating time during that reporting period.
(8) Before [date 181 days after date of publication of final rule in the Federal Register], a breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On or after [date 181 days after date of publication of final rule in the Federal Register], a breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes.
(9) A summary of the total duration in hours of CPMS downtime during the reporting period and the total duration of CPMS downtime as a percentage of the total source operating time during that reporting period.
(10) A brief description of the process units.
(11) A brief description of the CPMS.
(12) The date of the latest CPMS initial validation or accuracy audit.
(13) A description of any changes in CPMS, processes, or controls since the last reporting period.
(f) If you have obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a compliance report according to Table 10 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation (including any operating limit), then submitting the compliance report will satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submitting a compliance report will not otherwise affect any obligation you may have to report deviations from permit requirements to the permit authority.
(g) If you operate a clay refractory products kiln, a chromium refractory products kiln, or curing oven, shape dryer, or kiln that is used to process refractory products that use organic HAP that is subject to the work practice standard specified in item 3, 4, or 5 of Table 3 to this subpart, and you use a fuel other than natural gas or equivalent to fire the affected kiln, you must submit a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel. The report must include the information in paragraphs (g)(1) through (6) of this section.
(1) Company name and address.
(2) Identification of the affected kiln.
(3) Reason for using the alternative fuel.
(4) Type of alternative fuel used to fire the affected kiln.
(5) Dates that the use of the alternative fuel started and ended.
(6) Amount of alternative fuel used.
(h) Beginning on [date 181 days after date of publication of final rule in the Federal Register], within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (h)(1) through (3) of this section.
(1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website.
(2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.
(3) Confidential business information (CBI). Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (h)(1) or (2) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC  27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (h)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.
(i) Beginning on [date 181 days after date of publication of final rule in the Federal Register], within 60 days after the date of completing each continuous emissions monitoring system (CEMS) performance evaluation (as defined in §63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (i)(1) through (3) of this section.
(1) Performance evaluations of CEMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website.
(2) Performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.
(3) CBI. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (i)(1) or (2) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC  27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (h)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.
(j) Beginning [date 181 days after date of publication of final rule in the Federal Register], you must submit all subsequent Notification of Compliance Status reports in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a complete report, including information claimed to be CBI, to the EPA. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Refractory Lead MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph (j). All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.
(k) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (k)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.
(5) You must provide to the Administrator a written description identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;
(iii) A description of measures taken or to be taken to minimize the delay in reporting; and
(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.
(6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
(7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.
(l) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (l)(1) through (5) of this section.
(1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;
(iii) A description of measures taken or to be taken to minimize the delay in reporting; and
(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.