Storage vessels.........................               0               0
Other emission sources--gasholders......          0.0750          0.0222
                                         -------------------------------
    Major source total..................            17.6            3.94
------------------------------------------------------------------------
\a\ Total initial costs for facilities include the capital cost of
  control equipment, testing and monitoring, recordkeeping and
  reporting.
\b\ Total annual costs include: Annualized capital costs, annual cost to
  operate control equipment, testing and monitoring costs, recordkeeping
  and reporting costs, and repair costs.

    Table 21--Cost Impacts of the Final PVC and Copolymers Production Standards for Existing PVC Area Sources
----------------------------------------------------------------------------------------------------------------
                                                                   Total initial   Total annual        Cost
                         Emission point                                cost            cost        effectiveness
                                                                    (million$)      (million$)        ($/ton)
----------------------------------------------------------------------------------------------------------------
Process vents...................................................         0.0963a         0.0218b           (\c\)
Heat exchange systems...........................................         0.00743          0.0255           1,139
Resins..........................................................         0.00864          0.0212           (\c\)
Wastewater......................................................         0.00743         0.00198           (\c\)
Equipment leaksd................................................           0.360          0.0725           7,807
Other emission sources..........................................         0.00220         0.00311           (\c\)
Storage vessels.................................................         0.00220         0.00311           (\c\)
                                                                 -----------------------------------------------
    Area source total...........................................           0.484           0.167           (\c\)
----------------------------------------------------------------------------------------------------------------
\a\ Total initial cost for process vents includes initial recordkeeping and reporting costs (which include year
  1 annual costs) and initial process vent testing.
\b\ Total annual costs for process vents include process vent testing and annual recordkeeping and reporting
  (starting in year 2). Process vent testing is required every 5 years following the initial test; therefore,
  annual testing costs have been divided by 5 to distribute costs evenly across the 5-year period.
\c\ Standard does not result in emission reductions; therefore, a cost effectiveness is not applicable.
\d\ Total initial costs for equipment leaks include capital costs associated with complying with 40 CFR part 63,
  subpart UU, the cost of an electronic PRD monitoring system and the initial recordkeeping and reporting
  requirements. Annual costs include operation of the PRD monitoring system, complying with subpart UU and
  annual recordkeeping and reporting costs. Emissions and reductions of VOC, volatile hazardous air pollutants
  (VHAP) and organic HAP, categorized as total HAP. Emissions, reductions and associated costs referenced from
  memorandum--Cindy Hancy, RTI, to Jodi Howard, EPA/OAQPS, dated November 10, 2011, subject: Technology Review
  for Equipment Leaks (draft format), which is available in the docket. Baseline emissions, reductions and costs
  are adjusted based on equipment counts provided by CertainTeed.

Major Sources
    For major sources, we calculated costs to meet the final level of
control for each emission point. For process vents, we estimated costs
to meet the final level of control for PVCPU that do not currently meet
the final emission limit, based on reported data. For such PVCPU that
currently use thermal oxidizers in combination with acid-gas scrubbers,
we estimate the cost of compliance through the use of enhanced vinyl
chloride recovery using a refrigerated condenser to reduce the quantity
of vinyl chloride combusted to meet the vinyl chloride, HCl, CDD/CDF
and THC. For PVCPU that currently use an absorber for vinyl chloride
recovery, cost calculations are based on routing the vent gas from the
absorber to a refrigerated condenser for enhanced organic HAP recovery.
Costs calculations also include capital and annual costs for testing
and monitoring of vinyl chloride, HCl, THC and CDD/CDF.
    For PVCPU not currently meeting the final stripped resin limits,
costs to meet the final level of control are based on industry
estimates for a new resin stripper resulting in greater removal of
vinyl chloride and total HAP from the resin. Testing and monitoring
costs are also included in the costs to meet the final level of
control. All PVCPU are expected to meet the final wastewater stripper
outlet concentration limit. Therefore, initial and annual costs consist
of additional testing and monitoring required to demonstrate compliance
with the final emission standards.
    For equipment leaks, cost estimates previously developed by the EPA
were applied to each PVCPU that did not

already meet the final level of control (i.e., 40 CFR part 63, subpart
UU). The cost estimates include additional capital and annual cost
associated with facilities switching from compliance with 40 CFR part
61, subpart V to subpart UU. We estimated additional capital and annual
costs for an electronic PRD indicator, based on data collected for
other EPA projects.
    For other emission sources, we calculated costs for complying with
the final, beyond-the-floor, level of control for gasholders. Capital
cost estimates were based on data provided by industry at the request
of the EPA following the comment period. Annual cost estimates were
based on standard factors for costs such as amortization, maintenance,
taxes and administration.
    We calculated costs for complying with the final level for heat
exchange systems, based on information collected for other EPA
projects.
    The analysis is documented in the memorandum, Revised Costs and
Emission Reductions for Major Sources in the Polyvinyl Chloride and
Copolymers (PVC) Production Source Category, and is available in the
docket.
Area Sources
    For existing area sources, we calculated costs to meet the final
level of control for each emission point. For each emission point, we
estimated costs of the major source testing, monitoring and
recordkeeping requirements.
    For process vents in the PVC-only and PVC-combined subcategories,
we did not select an option more stringent than the current emission
level; therefore, there were no additional costs calculated.
    For the one existing area source in the suspension subcategory and
the one existing area source in the bulk resins subcategory, we did not
calculate any additional costs since both facilities meet the
promulgated GACT standards.
    For wastewater at existing area sources, we did not estimate any
additional costs since both facilities meet the promulgated GACT
standards.
    For other emission sources, we did not estimate any additional
costs since neither of the existing PVC area sources operate a
gasholder.
    For equipment leaks, cost estimates previously developed by the EPA
were applied to the existing area source PVCPU. The cost estimates
include additional capital and annual cost associated with the facility
switching from compliance with 40 CFR part 61, subpart V to 40 CFR part
63, subpart UU. We estimated additional capital and annual costs for a
PRD, based on data collected for other EPA projects.
    We calculated costs for complying with the final level of control
for heat exchange systems, based on information collected for other EPA
projects. The analysis is documented in the memorandum, Generally
Achievable Control Technology (GACT) Analysis for Area Sources in the
Polyvinyl Chloride and Copolymers (PVC) Production Source Category, and
is available in the PVC docket.

C. What are the non-air quality health, environmental and energy
impacts?

Major Sources
    We anticipate major affected sources will need to apply additional
controls to meet the final emission limits. The energy impacts
associated with meeting the final emission limits would consist
primarily of additional electricity needs to run added or improved air
pollution control devices. By our estimate, we anticipate that an
additional 5,300 megawatt-hours per year would be required for the
additional and improved control devices.
    We anticipate secondary air impacts from major sources adding
controls to meet the standards. The combustion of fuel needed to
generate additional electricity would yield slight increases in
nitrogen oxide (NOX) and sulfur dioxide (SO2)
emissions. Since NOX and SO2 emissions and
electric generating units are covered by capped emissions trading
programs, we do not estimate an increase in secondary air impacts for
these pollutants for this rule from additional electricity demand. The
analyses are documented in the memorandum, Revised Secondary Impacts
for the Polyvinyl Chloride and Copolymers (PVC) Production Source
Category, available in the docket.
Area Sources
    We do not anticipate the area affected sources will need to apply
any additional controls with additional electricity or fuel
requirements associated with meeting the final emission limits.
Therefore, we have not estimated any additional secondary electricity
generation of air impacts for area sources.

D. What are the economic impacts of the final standards?

    We performed an economic impact analysis for PVC consumers and
producers nationally, using the annual compliance costs estimated for
this final rule. The impacts to producers affected by this final rule
are annualized costs of less than 0.7 percent of their revenues, using
the most current year available for revenue data. Demand and supply of
PVC product is inelastic according to data included in the Economic
Impact Analysis. Based on this information, one can conclude that
demand will respond less than 1 to 1 with a change in output price, and
that supply is inelastic (i.e., will respond less than 1 to 1) with a
change in output price. Hence, based on these results and data, the
overall economic impact of this final rule on the affected industries
and their consumers should be low. For more information, please refer
to the Economic Impact Analysis for the Polyvinyl Chloride and
Copolymer NESHAP that is in the docket (EPA-HQ-OAR-2002-0037).

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it raises novel
legal or policy issues. Accordingly, the EPA submitted this action to
the Office of Management and Budget (OMB) for review under Executive
Order 12866 and Executive Order 13563 (76 FR 3821, January 21, 2011),
and any changes made in response to OMB recommendations have been
documented in the docket for this action.
    In addition, the EPA prepared an analysis of the potential costs
and emissions impacts associated with this action. This analysis is
contained in Cost and Impacts of the PVC and Copolymers Final Standard,
in Docket ID No. EPA-HQ-OAR-2002-0037. A copy of the analysis is
available in the docket for this action and the analysis is briefly
summarized in section VI.B of this preamble.

B. Paperwork Reduction Act

    The information collection requirements in this final rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501, et seq. The information collection requirements are not
enforceable until the OMB approves them.
    The information requirements are based on notification,
recordkeeping and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by CAA section
114 (42 U.S.C. 7414). All information submitted to the EPA

pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to agency
policies set forth in 40 CFR part 2, subpart B.
    The final rule requires maintenance inspections of the control
devices, and some notifications or reports beyond those required by the
General Provisions. The recordkeeping requirements require only the
specific information needed to determine compliance. The information
collection activities in this information collection request (ICR)
include the following: Performance tests, wastewater sampling, resin
sampling, LDAR monitoring, heat exchanger monitoring, PRD monitoring,
operating parameter monitoring, preparation of a site-specific
monitoring plan, monitoring and inspection, one-time and periodic
reports and the maintenance of records. Some information collection
activities included in the NESHAP may occur within the first 3 years,
and are presented in this burden estimate, but may not occur until 4 or
5 years following promulgation of the final rule for some affected
sources. To be conservative in our estimate, the burden for these items
is included in this ICR. An initial notification is required to notify
the Administrator of the applicability of this subpart, and to identify
storage vessels, process vents, stripped resin, equipment leaks,
wastewater, heat exchange systems and other emission sources subject to
this subpart. A notification of performance test must be submitted, and
a site-specific test plan written for the performance test, along with
a monitoring plan. Following the initial performance test, the owner or
operator must submit a notification of compliance status that documents
the performance test and the values for the operating parameters. A
periodic report submitted every 6 months documents the values for the
operating parameters and deviations; a notification of inspection of
vessels and related inspection records; leaking and monitoring
information for equipment leaks; and leaking and monitoring data for
heat exchangers, if greater than leak definition. Owners or operators
of PVC facilities are required to keep records of certain parameters
and information for a period of 5 years. The annual testing, annual
monitoring, reporting and recordkeeping burden for this collection for
major sources (averaged over the first 3 years after the effective date
of the standards) is estimated to be $1.8 million. This includes 3,200
labor hours per year at a total labor cost of $0.3 million per year,
and total non-labor capital costs of $2.8 million per year. The annual
testing, annual monitoring, reporting and recordkeeping burden for this
collection for area sources (averaged over the first 3 years after the
effective date of the standards) is estimated to be $323,000. This
includes 425 labor hours per year at a total labor cost of $41,000 per
year, and total non-labor capital costs of $129,000 per year. These
estimates include initial and annual performance tests, conducting and
documenting semiannual excess emission reports, maintenance
inspections, developing a monitoring plan, notifications and
recordkeeping. Monitoring and testing cost were also included in the
cost estimates presented in the control costs impacts estimates in
section VI.B of this preamble. The total burden for the federal
government (averaged over the first 3 years after the effective date of
the standard) for major sources is estimated to be 809 hours per year,
at a total labor cost of $37,281 per year. The total burden for the
federal government (averaged over the first 3 years after the effective
date of the standard) for area sources is estimated to be 160 hours per
year, at a total labor cost of $7,324 per year. Burden is defined at 5
CFR 1320.3(b).
    When a malfunction occurs, sources must report them according to
the applicable reporting requirements of 40 CFR part 63, subparts
DDDDDD and HHHHHHH. An affirmative defense to civil penalties for
exceedances of emission limits that are caused by malfunctions is
available to a source if it can demonstrate that certain criteria and
requirements are satisfied. The criteria ensure that the affirmative
defense is available only where the event that causes an exceedance of
the emission limit meets the narrow definition of malfunction in 40 CFR
63.2 (e.g., sudden, infrequent, not reasonably preventable and not
caused by poor maintenance or careless operation) and where the source
took necessary actions to minimize emissions. In addition, the source
must meet certain notification and reporting requirements. For example,
the source must prepare a written root cause analysis and submit a
written report to the Administrator documenting that it has met the
conditions and requirements for assertion of the affirmative defense.
The EPA considered whether there might be any burden associated with
the notification, recordkeeping and reporting requirements associated
with the assertion of the affirmative defense. While recognizing that
any such burdens are only incurred if there has been a violation and a
source chooses to take advantage of the affirmative defense. The PVC
industry is currently required to comply with the part 61 NESHAP
requirement for releases from pressure relief valves and reactor manual
vent valves, which does not allow a discharge into the atmosphere from
these valves, except during an emergency. An emergency discharge means
a ``discharge which could not have been avoided by taking measures to
prevent the discharge.'' The owners or operators must, within 10 days
of any release from a pressure relief valve or a reactor manual vent
valve, submit a report to the Administrator. The report must include
the ``nature and cause of discharge, the date and time of the
discharge, the approximate total vinyl chloride loss during the
discharge, the method used for determining the vinyl chloride loss, the
action that was taken to prevent the discharge, and measures adopted to
prevent future discharges.'' The costs for these reports are already
accounted for in the ICR burden estimate. Therefore, the EPA estimates
that there would be no additional costs for sources that choose to take
advantage of the affirmative defense for malfunctions since it is
already required for compliance with the rule. However, there may be
other malfunctions that are not currently regulated under the part 61
NESHAP that might prompt a source to take advantage of an affirmative
defense.
    To provide the public with an estimate of the relative magnitude of
the burden associated with an assertion of the affirmative defense
position adopted by a source (for those not already regulated under the
part 61 NESHAP), the EPA is including in the ICR the notification,
recordkeeping and reporting requirements associated with the assertion
of the affirmative defense might entail. The EPA's estimate for the
required notification, reports and records, including the root cause
analysis, totals $3,141 and is based on the time and effort required of
a source to review relevant data, interview plant employees and
document the events surrounding a malfunction that has caused an
exceedance of an emission limit. The estimate also includes time to
produce and retain the record and reports for submission to the EPA.
The EPA provides this illustrative estimate of this burden because
these costs are only incurred if there has been a violation and a
source chooses to take advantage of the affirmative defense.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information

unless it displays a currently valid OMB control number. The OMB
control numbers for the EPA's regulations in 40 CFR are listed in 40
CFR part 9. When this ICR is approved by OMB, the agency will publish a
technical amendment to 40 CFR part 9 in the Federal Register to display
the OMB control number for the approved information collection
requirements contained in this final rule.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act, or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business, as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated, and is not
dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The industry
in which the affected entities are in is NAICS 325211 (Polyvinyl
chemical resins manufacturing). The Small Business Administration small
business size definition for this industry is 750 employees or less for
parent entities. This final rule will not impose any requirements on
small entities. To the EPA's knowledge, there are no small entities
subject to the final rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any one year.
The total annualized cost of this rule is estimated to be no more than
$4.1 million (2010$) in any one year. Thus, this rule is not subject to
the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA, because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule impacts
only PVC production facilities and, thus, does not impact small
governments uniquely or significantly.

E. Executive Order 13132: Federalism

    The action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. The final rule imposes requirements
on owners and operators of specified major and area sources, and not on
state or local governments. There are no PVC production facilities
owned or operated by state or local governments. Thus, Executive Order
13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The final rule
imposes requirements on owners and operators of specified area sources,
and not tribal governments. There are no PVC production facilities
owned or operated by Indian tribal governments. Thus, Executive Order
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045, because it is based
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy. The EPA estimates that the requirements in this final
action would cause most PVCPU to modify existing air pollution control
devices (e.g., increase the horsepower of their wet scrubbers) or
install and operate new control devices, resulting in approximately
92,000 megawatt-hours per year of additional electricity being used.
    Given the negligible change in energy consumption resulting from
this final action, the EPA does not expect any significant price
increase for any energy type. The cost of energy distribution should
not be affected at all by this final action since the action would not
affect energy distribution facilities. We also expect that any impacts
on the import of foreign energy supplies, or any other adverse outcomes
that may occur with regards to energy supplies, would not be
significant. We, therefore, conclude that if there were to be any
adverse energy effects associated with this final action, they would be
minimal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards (VCS) in its regulatory
activities, unless to do so would be inconsistent with applicable law
or otherwise impractical. VCS are technical standards (e.g., materials
specifications, test methods, sampling procedures and business
practices) that are developed or adopted by VCS bodies. NTTAA directs
the EPA to provide Congress, through OMB, explanations when the agency
decides not to use available and applicable VCS.
    This final rulemaking involves technical standards. The EPA
proposes to use ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas
Analyses, as an acceptable alternative to EPA Method 3B. This standard
is available from the American Society of Mechanical Engineers (ASME),
Three Park Avenue, New York, NY 10016-5990.
    No applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F,
2G, 21, 107, RCRA SW-846, PS-8, PS-9 and the TCEQ Modified El Paso
Method.
    During the search, if the title or abstract (if provided) of the
VCS described technical sampling and analytical procedures that were
similar to the EPA's reference method, the EPA ordered a copy of the
standard and reviewed it as a potential equivalent method. All
potential standards were reviewed to determine the practicality of the
VCS for this rule. This review requires significant method validation
data that meet the requirements of EPA Method 301 for accepting
alternative

methods or scientific, engineering and policy equivalence to procedures
in the EPA reference methods. The EPA may reconsider determinations of
impracticality when additional information is available for particular
VCS.
    The search identified 17 other VCS that were potentially applicable
for this rule in lieu of the EPA reference methods. After reviewing the
available standards, the EPA determined that 17 candidate VCS (ASTM
D3154-00 (2006), ASTM D3464-96 (2007), ASTM D3796-90 (2004), ISO
10780:1994, ASME B133.9-1994 (2001), ANSI/ASME PTC 19.10-1981 Part 10,
ISO 10396:1993 (2007), ISO 12039:2001, ASTM D5835-95 (2007), ASTM
D6522-00 (2005), CAN/CSA Z223.2-M86 (1999), NIOSH Method 2010, Amines,
Aliphatic, ASTM D6060-96 (2001), EN 1948-3 (1996), EN 1911-1.2.3
(1998), ASTM D6735-01, ASTM D4855-97 (2002)) identified for measuring
emissions of pollutants or their surrogates subject to emission
standards in the rule would not be practical due to lack of
equivalency, documentation, validation data and other important
technical and policy considerations.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations, because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    An analysis of demographic data shows that the average percentage
of minorities, percentages of the population below the poverty level,
and the percentages of the population 17 years old and younger, in
close proximity to the sources, are similar to the national averages,
with percentage differences of 3, 1.8 and 1.7, respectively, at the 3-
mile radius of concern. These differences in the absolute number of
percentage points from the national average indicate a 9.4-percent,
14.4-percent and 6.6-percent over-representation of minority
populations, populations below the poverty level and the percentages of
the population 17 years old and younger, respectively.
    In determining the aggregate demographic makeup of the communities
near affected sources, the EPA used census data at the block group
level to identify demographics of the populations considered to be
living near affected sources, such that they have notable exposures to
current emissions from these sources. In this approach, the EPA
reviewed the distributions of different socio-demographic groups in the
locations of the expected emission reductions from this rule. The
review identified those census block groups with centroids within a
circular distance of a 0.5, 3 and 5 miles of affected sources, and
determined the demographic and socio-economic composition (e.g., race,
income, education, etc.) of these census block groups. The radius of 3
miles (or approximately 5 kilometers) has been used in other
demographic analyses focused on areas around potential
sources.5 6 7 8 There was only one census block group with
its centroid within 0.5 miles of any source affected by the final rule.
The EPA's demographic analysis has shown that these areas, in
aggregate, have similar proportions of American Indians, African-
Americans, Hispanics and ``Other and Multi-racial'' populations to the
national average. The analysis also showed that these areas, in
aggregate, had similar proportions of families with incomes below the
poverty level as the national average, and similar populations of
children 17 years of age and younger.\9\
---------------------------------------------------------------------------

    \5\ U.S. GAO (Government Accountability Office). Demographics of
People Living Near Waste Facilities. Washington DC: Government
Printing Office; 1995.
    \6\ Mohai P. Saha R. Reassessing Racial and Socio-economic
Disparities in Environmental Justice Research. Demography.
2006;43(2): 383-399.
    \7\ Mennis J. Using Geographic Information Systems to Create and
Analyze Statistical Surfaces of Populations and Risk for
Environmental Justice Analysis. Social Science Quarterly,
2002;83(1):281-297.
    \8\ Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste
and Race at Twenty 1987-2007. United Church of Christ. March, 2007.
    \9\ The results of the demographic analysis are presented in
Review of Environmental Justice Impacts: Polyvinyl Chloride,
September 2010, a copy of which is available in the docket.
---------------------------------------------------------------------------

    The EPA developed a communication and outreach strategy to ensure
that interested communities have access to this final rule, are aware
of its content, and had an opportunity to comment during the comment
period. The EPA also ensured that interested communities had an
opportunity to comment during the comment period. During the comment
period, the EPA publicized the rulemaking via environmental justice
newsletters, Tribal newsletters, environmental justice listservs and
the Internet, including the EPA Office of Policy Rulemaking Gateway Web
site (http://yosemite.epa.gov/opei/RuleGate.nsf/). The EPA will also
conduct targeted outreach to environmental justice communities, as
appropriate. Outreach activities may include providing general
rulemaking fact sheets (e.g., why is this important for my community)
for environmental justice community groups, and conducting conference
calls with interested communities. In addition, state and federal
permitting requirements will provide state and local governments, and
members of affected communities the opportunity to provide comments on
the permit conditions associated with permitting the sources affected
by the final rule.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the SBREFA of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA will submit a
report containing this final rule and other required information to the
United States Senate, the United States House of Representatives and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective April 17, 2012.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: February 13, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations, is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart A--[Amended]

0
2. Section 63.14 is amended by:
0
a. Adding new paragraph (b)(45).
0
b. Revising paragraphs (b)(8), (b)(28), and (b)(54).
0
c. Revising paragraph (c)(3).
0
d. Revising paragraph (i)(1).
0
e. Revising paragraph (n)(1).
0
f. Adding paragraphs (p)(8) through (p)(11) to read as follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (8) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope, approved 1983, IBR approved for Sec. Sec.  63.111,
63.2406, and 63.12005.
* * * * *
    (28) ASTM D6420-99 (Reapproved 2004), Standard Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectometry, approved 2004, IBR approved for
Sec. Sec.  60.485, 60.485a, 63.772, 63.2351, 63.2354, and table 8 to
subpart HHHHHHH of this part.
* * * * *
    (45) ASTM D2879-96, Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope, approved 1996, IBR approved for Sec. Sec.  63.111,
63.2406, and 63.12005.
* * * * *
    (54) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, approved 2003, IBR approved for Sec.
63.1349, table 4 to subpart DDDD of this part, and table 8 to subpart
HHHHHHH of this part.
* * * * *
    (c) * * *
    (3) API Manual of Petroleum Measurement Specifications (MPMS)
Chapter 19.2 (API MPMS 19.2), Evaporative Loss From Floating-Roof Tanks
(formerly API Publications 2517 and 2519), First Edition, April 1997,
IBR approved for Sec. Sec.  63.1251 and 63.12005.
* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.  63.309,
63.865, 63.3166, 63.3360, 63.3545, 63.3555, 63.4166, 63.4362, 63.4766,
63.4965, 63.5160, 63.9307, 63.9323, 63.11148, 63.11155, 63.11162,
63.11163, 63.11410, 63.11551, 63.11945, table 5 to subpart DDDDD of
this part, table 1 to subpart ZZZZZ of this part, table 4 to subpart
JJJJJJ of this part, and table 5 to subpart UUUUU of this part.
* * * * *
    (n) * * *
    (1) ``Air Stripping Method (Modified El Paso Method) for
Determination of Volatile Organic Compound Emissions from Water
Sources'' (Modified El Paso Method), Revision Number One, dated January
2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring,
January 31, 2003, IBR approved for Sec. Sec.  63.654 and 63.11920.
* * * * *
    (p) * * *
    (8) Method 8015C (SW-846-8015C), Nonhalogenated Organics by Gas
Chromatography, Revision 3, February 2007, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, Third Edition, IBR approved for Sec. Sec.  63.11960, 63.11980,
and table 10 to subpart HHHHHHH of this part.
    (9) Method 8260B (SW-846-8260B), Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 2, December 1996, in
EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, Third Edition, IBR approved for Sec. Sec.
63.11960, 63.11980, and table 10 to subpart HHHHHHH of this part.
    (10) Method 8270D (SW-846-8270D), Semivolatile Organic Compounds by
Gas Chromatography/Mass Spectrometry (GC/MS), Revision 4, February
2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, Third Edition, IBR approved for
Sec. Sec.  63.11960, 63.11980, and table 10 to subpart HHHHHHH of this
part.
    (11) Method 8315A (SW-846-8315A), Determination of Carbonyl
Compounds by High Performance Liquid Chromatography (HPLC), Revision 1,
December 1996, in EPA Publication No. SW-846, Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR
approved for Sec. Sec.  63.11960, 63.11980, and table 10 to subpart
HHHHHHH of this part.
* * * * *

Subpart DDDDDD--[Amended]

0
3. Section 63.11140 is revised to read as follows:

Sec.  63.11140  Am I subject to this subpart?

    (a) On or before April 17, 2012, you are subject to this subpart if
you own or operate a plant specified in Sec.  61.61(c) of this chapter
that produces polyvinyl chloride (PVC) or copolymers and is an area
source of hazardous air pollutant (HAP) emissions. After April 17,
2012, you are subject to the requirements in this subpart if you own or
operate one or more polyvinyl chloride and copolymers process units
(PVCPU), as defined in Sec.  63.12005, that are located at, or are part
of, an area source of HAP.
    (b) On or before April 17, 2012, this subpart applies to each new
or existing affected source. The affected source is the collection of
all equipment and activities in vinyl chloride service necessary to
produce PVC and copolymers. An affected source does not include
portions of your PVC and copolymers production operations that meet the
criteria in Sec.  61.60(b) or (c) of this chapter. After April 17,
2012, this subpart applies to each polyvinyl chloride and copolymers
production affected source. The polyvinyl chloride and copolymers
production affected source is the facility-wide collection of PVCPU,
storage vessels, heat exchange systems, surge control vessels, and
wastewater and process wastewater treatment systems that are associated
with producing polyvinyl chloride and copolymers.
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.
    (i) You must meet the applicable requirements of Sec. Sec.
63.11142(a), 63.11143(a) and (b), 63.11144(a) and 63.11145 for existing
affected sources.
    (ii) You must achieve compliance by the date specified in Sec.
63.11141(a).
    (iii) You must meet the applicable requirements of Sec. Sec.
63.11142(b) through (f), 63.11143(c), 63.11144(b) and 63.11145 for
existing affected sources by the compliance date specified in Sec.
63.11141(c), after which time you are no longer subject to the
requirements listed in paragraphs (b)(1)(i) and (ii) of this section.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source between October 6, 2006, and May
20, 2011.

    (i) You must meet the applicable requirements of Sec. Sec.
63.11142(a), 63.11143(a) and (b), 63.11144(a) and 63.11145 for new
affected sources.
    (ii) You must achieve compliance by the date specified in Sec.
63.11141(b).
    (3) If you are a new affected source as specified in paragraph
(b)(2) of this section that commenced construction or reconstruction
between October 6, 2006, and May 20, 2011, then after April 17, 2012,
you are considered an existing affected source.
    (i) You must meet the applicable requirements of Sec. Sec.
63.11142(b) through (f), 63.11143(c), 63.11144(b) and 63.11145 for
existing affected sources.
    (ii) You must achieve compliance by the date specified in Sec.
63.11141(d), after which time you are no longer subject to paragraphs
(b)(2)(i) and (ii) of this section.
    (4) An affected source is new if you commenced construction or
reconstruction of the affected source after May 20, 2011.
    (i) You must meet the applicable requirements of Sec. Sec.
63.11142(b) through (f), 63.11143(c), 63.11144(b), and 63.11145 for new
affected sources.
    (ii) You must achieve compliance by the date specified in Sec.
63.11141(e).
    (iii) If components of an existing affected source are replaced
such that the replacement meets the definition of reconstruction in
Sec.  63.2 and the reconstruction commenced after May 20, 2011, then
the existing affected source becomes a reconstructed source and is
subject to the relevant standards for a new affected source. The
reconstructed source must comply with the requirements of paragraph
(b)(4)(i) of this section for a new affected source upon initial
startup of the reconstructed source or by April 17, 2012, whichever is
later.
    (c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act. After
April 17, 2012, the requirements of this subpart also do not apply to
chemical manufacturing process units, as defined in Sec.  63.101, that
produce vinyl chloride monomer or other raw materials used in the
production of polyvinyl chloride and copolymers.
    (d) You are exempt from the obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided you are not otherwise required
by law to obtain a permit under Sec.  70.3(a) or Sec.  71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.
    (e) After the applicable compliance date specified in Sec.
63.11141(c), (d) or (e), an affected source that is also subject to the
provisions of 40 CFR part 61, subpart F, is required to comply with the
provisions of this subpart and no longer has to comply with 40 CFR part
61, subpart F.
    (f) After the applicable compliance date specified in Sec.
63.11141(c), (d) or (e), an affected source that is also subject to the
provisions of other 40 CFR part 60 or 40 CFR part 63 subparts is
required to comply with this subpart and any other applicable 40 CFR
part 60 and 40 CFR part 63 subparts.

0
4. Section 63.11141 is revised to read as follows:

Sec.  63.11141  What are my compliance dates?

    (a) If you own or operate an existing affected source as specified
in Sec.  63.11140(b)(1), then you must achieve compliance with the
applicable provisions in this subpart specified in Sec.
63.11140(b)(1)(i) by January 23, 2007.
    (b) If you own or operate a new affected source as specified in
Sec.  63.11140(b)(2), then you must achieve compliance with the
applicable provisions in this subpart as specified in Sec.
63.11140(b)(2)(i) by the dates in paragraphs (b)(1) or (2) of this
section.
    (1) If you start up a new affected source on or before January 23,
2007, you must achieve compliance with the applicable provisions in
this subpart not later than January 23, 2007.
    (2) If you start up a new affected source after January 23, 2007,
but before or on May 20, 2011, then you must achieve compliance with
the provisions in this subpart upon startup of your affected source.
    (c) If you own or operate an existing affected source as specified
in Sec.  63.11140(b)(1), then you must achieve compliance with the
applicable provisions in this subpart specified in Sec.
63.11140(b)(1)(iii) by April 17, 2015.
    (d) If you own or operate an affected source that commenced
construction or reconstruction between October 6, 2006, and May 20,
2011, then you must achieve compliance with the applicable provisions
of this subpart specified in Sec.  63.11140(b)(3) by April 17, 2015.
    (e) If you own or operate a new affected source as specified in
Sec.  63.11140(b)(4), then you must achieve compliance with the
applicable provisions in this subpart specified in Sec.
63.11140(b)(4)(i) by the dates in paragraphs (e)(1) and (2) of this
section.
    (1) If you start up your affected source between May 20, 2011, and
April 17, 2012, then you must achieve compliance with the applicable
provisions in this subpart not later than April 17, 2012.
    (2) If you start up your affected source after April 17, 2012, then
you must achieve compliance with the provisions in this subpart upon
startup of your affected source.

0
5. Section 63.11142 is revised to read as follows:

Sec.  63.11142  What are the standards and compliance requirements for
new and existing sources?

    (a) You must meet all the requirements in 40 CFR part 61, subpart
F, except for Sec. Sec.  61.62 and 61.63.
    (b) You must comply with each emission limit and standard specified
in Table 1 to this subpart that applies to your existing affected
source, and you must comply with each emission limit and standard
specified in Table 2 to this subpart that applies to your new affected
source.
    (c) The emission limits, operating limits and work practice
standards specified in this subpart apply at all times, including
periods of startup, shutdown and malfunction.
    (d) You must demonstrate initial compliance by the dates specified
in Sec.  63.11141.
    (e) You must conduct subsequent performance testing according to
the schedule specified in Sec.  63.11905.
    (f) You must meet the requirements of the applicable sections of 40
CFR part 63, subpart HHHHHHH, as specified in paragraphs (f)(1) through
(19) of this section, except for the purposes of complying with this
subpart, where the applicable sections of 40 CFR part 63, subpart
HHHHHHH, as specified in paragraphs (f)(1) through (19) of this section
reference Table 1 or Table 2 to subpart HHHHHHH, reference is made to
Table 1 or Table 2 to this subpart.
    (1) You must comply with the requirements of Sec.  63.11880(b).
    (2) You must comply with the requirements of Sec. Sec.  63.11890(a)
through 63.11890(d) and are subject to Sec.  63.11895.
    (3) You must comply with the requirements of Sec.  63.11896, except
for the purposes of complying with this subpart, where Sec.  63.11896
refers to Sec.  63.11870(d) of subpart HHHHHHH, reference is made to
Sec.  63.11140(b)(4) of this subpart.
    (4) You must comply with the requirements of Sec.  63.11900, except
for the purposes of complying with this subpart, where Sec.  63.11900
refers to Sec.  63.11875 of subpart HHHHHHH, reference is made to Sec.
63.11141 of this subpart.
    (5) You must meet the requirements of Sec.  63.11910 for initial
and continuous compliance for storage vessels.
    (6) You must meet the requirements of Sec.  63.11915 for equipment
leaks.

    (7) You must meet the requirements of Sec.  63.11920 for initial
and continuous compliance for heat exchange systems.
    (8) You must meet the requirements of Sec.  63.11925 for initial
and continuous compliance for process vents.
    (9) You must meet the requirements of Sec.  63.11930 for closed
vent systems.
    (10) You must meet the requirements of Sec.  63.11935 for
continuous emissions monitoring systems (CEMS) and continuous parameter
monitoring systems (CPMS) to demonstrate initial and continuous
compliance with the emission standards for process vents.
    (11) You must meet the requirements of Sec.  63.11940 for
continuous monitoring requirements for control devices required to
install CPMS to meet the emission limits for process vents.
    (12) You must meet the requirements of Sec.  63.11945 for
performance testing requirements for process vents.
    (13) You must meet the requirements of Sec.  63.11950 for emissions
calculations to be used for an emission profile by process of batch
process operations.
    (14) You must meet the requirements of Sec.  63.11955 for initial
and continuous compliance requirements for other emission sources.
    (15) You must meet the requirements of Sec.  63.11956 for ambient
monitoring.
    (16) You must meet the requirements of Sec.  63.11960 for initial
and continuous compliance requirements for stripped resin.
    (17) You must meet the requirements of Sec.  63.11965 through Sec.
63.11980 for general, initial and continuous compliance, test methods
and calculation procedures for wastewater.
    (18) You must meet the notification and reporting requirements of
Sec.  63.11985.
    (19) You must meet the recordkeeping requirements of Sec. Sec.
63.11990 and 63.11995.

0
6. Section 63.11143 is revised to read as follows:

Sec.  63.11143  What General Provisions apply to this subpart?

    (a) All the provisions in part 61, subpart A of this chapter apply
to this subpart.
    (b) The provisions in subpart A of this part, applicable to this
subpart are specified in paragraphs (b)(1) and (2) of this section.
    (1) Sec.  63.1(a)(1) through (10).
    (2) Sec.  63.1(b) except paragraph (b)(3), Sec. Sec.  63.1(c) and
63.1(e).
    (c) Section 63.11885 specifies which parts of the General
Provisions in subpart A of this part apply to you.

0
7. Section 63.11144 is revised to read as follows:

Sec.  63.11144  What definitions apply to this subpart?

    (a) On and before April 17, 2012, the terms used in this subpart
are defined in the Clean Air Act; Sec. Sec.  61.02 and 61.61 of this
chapter; and Sec.  63.2 for terms used in the applicable provisions of
subpart A of this part, as specified in Sec.  63.11143(b).
    (b) After April 17, 2012, terms used in this subpart are defined in
the Clean Air Act; Sec.  63.2; and Sec.  63.12005.

0
8. Section 63.11145 is revised to read as follows:

Sec.  63.11145  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as a state, local or tribal agency. If the
U.S. EPA Administrator has delegated authority to a state, local or
tribal agency, then that agency has the authority to implement and
enforce this subpart. You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to a state, local or tribal
agency within your state.
    (b) In delegating implementation and enforcement authority of this
subpart to a state, local or tribal agency under subpart E of this
part, the approval authorities contained in paragraphs (b)(1) through
(4) of this section are retained by the Administrator of the U.S. EPA
and are not transferred to the state, local or tribal agency.
    (1) Approval of an alternative means of emissions imitation under
Sec.  61.12(d) of this chapter.
    (2) Approval of a major change to test methods under Sec.  61.13(h)
of this chapter. A ``major change to test method'' is defined in Sec.
63.90.
    (3) Approval of a major change to monitoring under Sec.  61.14(g)
of this chapter. A ``major change to monitoring'' is defined in Sec.
63.90.
    (4) Approval of a major change to reporting under Sec.  61.10. A
``major change to recordkeeping/reporting'' is defined in Sec.  63.90.

0
9. Table 1 and Table 2 are added to subpart DDDDDD to read as follows:

        Table 1 to Subpart DDDDDD of Part 63--Emission Limits and Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .   emission  limit . . .
----------------------------------------------------------------------------------------------------------------
PVC-only process vents \a\...........  Vinyl chloride.........  All resin types........  5.3 parts per million
                                                                                by volume (ppmv).
                                       Total hydrocarbons.....  All resin types........  46 ppmv measured as
                                                                                propane.
                                       Total organic HAP \b\..  All resin types........  140 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.13 nanograms per dry
                                        equivalency basis).                               standard cubic meter
                                                                                (ng/dscm).
PVC-combined process vents \a\.......  Vinyl chloride.........  All resin types........  0.56 ppmv.
                                       Total hydrocarbons.....  All resin types........  2.3 ppmv measured as
                                                                                propane.
                                       Total organic HAP \b\..  All resin types........  29 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.076 ng/dscm.
                                        equivalency basis).
Stripped resin.......................  Vinyl chloride.........  Bulk resin.............  7.1 parts per million
                                                                                by weight (ppmw).
                                                                Dispersion resin.......  1,500 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      140 ppmw.
                                                                 resin.
                                                                Copolymer resin........  790 ppmw.
                                       Total non-vinyl          Bulk resin.............  170 ppmw.
                                        chloride organic HAP.
                                                                Dispersion resin.......  320 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      500 ppmw.
                                                                 resin.
                                                                Copolymer resin........  1,900 ppmw.
Process Wastewater...................  Vinyl chloride.........  All resin types........  2.1 ppmw.

                                       Total non-vinyl          All resin types........  0.018 ppmw.
                                        chloride organic HAP.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP
  limit.

          Table 2 to Subpart DDDDDD of Part 63--Emission Limits and Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
For this type of emission point . . .      And for this air      source producing this      You must meet this
                                           pollutant . . .      type of PVC resin . . .   emission  limit . . .
----------------------------------------------------------------------------------------------------------------
PVC-only process vents \a\...........  Vinyl chloride.........  All resin types........  5.3 parts per million
                                                                                by volume (ppmv).
                                       Total hydrocarbons.....  All resin types........  46 ppmv measured as
                                                                                propane
                                       Total organic HAP \b\..  All resin types........  140 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.13 nanograms per dry
                                        equivalency basis).                               standard cubic meter
                                                                                (ng/dscm).
PVC-combined process vents \a\.......  Vinyl chloride.........  All resin types........  0.56 ppmv.
                                       Total hydrocarbons.....  All resin types........  2.3 ppmv measured as
                                                                                propane
                                       Total organic HAP \b\..  All resin types........  29 ppmv
                                       Dioxins/furans (toxic    All resin types........  0.076 ng/dscm.
                                        equivalency basis).
Stripped resin.......................  Vinyl chloride.........  Bulk resin.............  7.1 parts per million
                                                                                by weight (ppmw).
                                                                Dispersion resin.......  1,500 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      140 ppmw.
                                                                 resin.
                                                                Copolymer resin........  790 ppmw.
                                       Total non-vinyl          Bulk resin.............  170 ppmw.
                                        chloride organic HAP.
                                                                Dispersion resin.......  320 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      500 ppmw.
                                                                 resin.
                                                                Copolymer resin........  1,900 ppmw.
Process Wastewater...................  Vinyl chloride.........  All resin types........  2.1 ppmw.
                                       Total non-vinyl          All resin types........  0.018 ppmw.
                                        chloride organic HAP.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP
  limit.

0
10. Part 63 is amended by adding and reserving subparts FFFFFFF and
GGGGGGG, and adding subpart HHHHHHH, to read as follows:

Subparts FFFFFFF and GGGGGGG--[Reserved]

Subpart HHHHHHH--National Emission Standards for Hazardous Air
Pollutant Emissions for Polyvinyl Chloride and Copolymers Production

What This Subpart Covers

Sec.
63.11860 What is the purpose of this subpart?
63.11865 Am I subject to the requirements in this subpart?
63.11870 What is the affected source of this subpart?
63.11871 What is the relationship to 40 CFR part 61, subpart F?
63.11872 What is the relationship to other subparts in this part?
63.11875 When must I comply with this subpart?

Emission Limits, Operating Limits and Work Practice Standards

63.11880 What emission limits, operating limits and standards must I
meet?

General Compliance Requirements

63.11885 What parts of the General Provisions apply to me?
63.11890 What are my additional general requirements for complying
with this subpart?
63.11895 How do I assert an affirmative defense for exceedance of
emission standard during malfunction?
63.11896 What am I required to do if I make a process change at my
affected source?

Testing and Compliance Requirements

63.11900 By what date must I conduct initial performance testing and
monitoring, establish any applicable operating limits and
demonstrate initial compliance with my emission limits and work
practice standards?
63.11905 When must I conduct subsequent performance testing and
monitoring to demonstrate continuous compliance?
63.11910 What are my initial and continuous compliance requirements
for storage vessels?
63.11915 What are my compliance requirements for equipment leaks?
63.11920 What are my initial and continuous compliance requirements
for heat exchange systems?
63.11925 What are my initial and continuous compliance requirements
for process vents?
63.11930 What requirements must I meet for closed vent systems?
63.11935 What CEMS and CPMS requirements must I meet to demonstrate
initial and continuous compliance with the emission standards for
process vents?
63.11940 What continuous monitoring requirements must I meet for
control devices required to install CPMS to meet the emission limits
for process vents?
63.11945 What performance testing requirements must I meet for
process vents?
63.11950 What emissions calculations must I use for an emission
profile?
63.11955 What are my initial and continuous compliance requirements
for other emission sources?
63.11956 What are my compliance requirements for ambient monitoring?

63.11960 What are my initial and continuous compliance requirements
for stripped resin?
63.11965 What are my general compliance requirements for wastewater?
63.11970 What are my initial compliance requirements for process
wastewater?
63.11975 What are my continuous compliance requirements for process
wastewater?
63.11980 What are the test methods and calculation procedures for
process wastewater?

Notifications, Reports and Records

63.11985 What notifications and reports must I submit and when?
63.11990 What records must I keep?
63.11995 In what form and how long must I keep my records?
63.12000 Who implements and enforces this subpart?

Definitions

63.12005 What definitions apply to this subpart?

Tables to Subpart HHHHHHH of Part 63

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and Standards
for Existing Affected Sources
Table 2 to Subpart HHHHHHH of Part 63--Emission Limits and Standards
for New Affected Sources
Table 3 to Subpart HHHHHHH of Part 63--Summary of Control Requirements
for Storage Vessels at New and Existing Sources
Table 4 to Subpart HHHHHHH of Part 63--Applicability of the General
Provisions to Part 63
Table 5 to Subpart HHHHHHH of Part 63--Operating Parameters, Operating
Limits and Data Monitoring, Recording and Compliance Frequencies for
Process Vents
Table 6 to Subpart HHHHHHH of Part 63--Toxic Equivalency Factors
Table 7 to Subpart HHHHHHH of Part 63--Calibration and Accuracy
Requirements for Continuous Parameter Monitoring Systems
Table 8 to Subpart HHHHHHH of Part 63--Methods and Procedures for
Conducting Performance Tests for Process Vents
Table 9 to Subpart HHHHHHH of Part 63--Procedures for Conducting
Sampling of Resin and Process Wastewater
Table 10 to Subpart HHHHHHH of Part 63--HAP Subject to the Stripped
Resin and Process Wastewater Provisions at New and Existing Sources

Subpart HHHHHHH--National Emission Standards for Hazardous Air
Pollutant Emissions for Polyvinyl Chloride and Copolymers
Production

What This Subpart Covers

Sec.  63.11860  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous
air pollutants emitted from the production of polyvinyl chloride and
copolymers at major sources. This subpart also establishes requirements
to demonstrate initial and continuous compliance with the emission
standards.

Sec.  63.11865  Am I subject to the requirements in this subpart?

    You are subject to the requirements in this subpart if you own or
operate one or more polyvinyl chloride and copolymers production
process units (PVCPU) as defined in Sec.  63.12005 that are located at,
or are part of, a major source of hazardous air pollutants (HAP)
emissions as defined in Sec.  63.2. The requirements of this subpart do
not apply to research and development facilities, as defined in section
112(c)(7) of the Clean Air Act, or to chemical manufacturing process
units, as defined in Sec.  63.101, that produce vinyl chloride monomer
or other raw materials used in the production of polyvinyl chloride and
copolymers.

Sec.  63.11870  What is the affected source of this subpart?

    (a) This subpart applies to each polyvinyl chloride and copolymers
production affected source.
    (b) The polyvinyl chloride and copolymers production affected
source is the facility wide collection of PVCPU, storage vessels, heat
exchange systems, surge control vessels, wastewater and process
wastewater treatment systems that are associated with producing
polyvinyl chloride and copolymers.
    (c) An existing affected source is one for which construction was
commenced on or before May 20, 2011, at a major source.
    (d) A new affected source is one for which construction is
commenced after May 20, 2011, at a major source.
    (e) If components of an existing affected source are replaced such
that the replacement meets the definition of reconstruction in Sec.
63.2 and the reconstruction commenced after May 20, 2011, then the
existing affected source becomes a reconstructed source and is subject
to the relevant standards for a new affected source. The reconstructed
source must comply with the requirements for a new affected source upon
initial startup of the reconstructed source or by April 17, 2012,
whichever is later.

Sec.  63.11871  What is the relationship to 40 CFR part 61, subpart F?

    After the applicable compliance date specified in Sec.
63.11875(a), (b) or (c), an affected source that is also subject to the
provisions of 40 CFR part 61, subpart F, is required to comply with the
provisions of this subpart and no longer has to comply with 40 CFR part
61, subpart F.

Sec.  63.11872  What is the relationship to other subparts in this
part?

    After the applicable compliance date specified in Sec.
63.11875(a), (b) or (c), an affected source that is also subject to the
provisions of other subparts in 40 CFR part 60 or this part is required
to comply with this subpart and any other applicable subparts in 40 CFR
part 60 or this part.

Sec.  63.11875  When must I comply with this subpart?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart no
later than April 17, 2015. On or after April 17, 2015, any such
existing affected source is no longer subject to the provisions of 40
CFR part 61, subpart F.
    (b) If you start up a new affected source on or before April 17,
2012, you must achieve compliance with the provisions of this subpart
no later than April 17, 2012. On or after April 17, 2012, any such new
affected source is not subject to the provisions of 40 CFR part 61,
subpart F.
    (c) If you start up a new affected source after April 17, 2012, you
must achieve compliance with the provisions of this subpart upon
startup of your affected source. Upon startup, any such new affected
source is not subject to the provisions of 40 CFR part 61, subpart F.
    (d) You must meet the notification requirements in Sec. Sec.  63.9
and 63.11985 according to the dates specified in those sections. Some
of the notifications must be submitted before you are required to
comply with the emission limits and standards in this subpart.

Emission Limits, Operating Limits and Work Practice Standards

Sec.  63.11880  What emission limits, operating limits and standards
must I meet?

    (a) You must comply with each emission limit and standard specified
in Table 1 to this subpart that applies to your existing affected
source, and you must comply with each emission limit and standard
specified in Table 2 to this subpart that applies to your new affected
source.

    (b) You must establish an operating limit for each operating
parameter required to be monitored in Sec.  63.11925, and you must
establish each operating limit as an operating range, minimum operating
level or maximum operating level. You must comply with each established
operating limit.
    (c) You must comply with the emission limits and standards
specified in Sec. Sec.  63.11910 through 63.11980 that apply to your
affected source.

General Compliance Requirements

Sec.  63.11885  What parts of the General Provisions apply to me?

    Table 4 to this subpart specifies which parts of the General
Provisions in subpart A of this part apply to you.

Sec.  63.11890  What are my additional general requirements for
complying with this subpart?

    (a) The emission limits, operating limits and work practice
standards specified in this subpart apply at all times, including
periods of startup, shutdown or malfunction.
    (b) At all times, you must operate and maintain your affected
source, including associated air pollution control components and
monitoring system components, in a manner consistent with safety and
good air pollution control practices for minimizing emissions.
Determination of whether acceptable operation and maintenance
procedures are being used will be based on information available to the
Administrator, which 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 source.
    (c) You must install, calibrate, maintain, and operate all
monitoring system components according to Sec. Sec.  63.8, 63.11935(b)
and (c), and paragraphs (c)(1) and (2) of this section.
    (1) Except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must operate the continuous monitoring system at all times the
affected source is operating. A monitoring system malfunction is any
sudden, infrequent, not reasonably preventable failure of the
monitoring system to provide data. Monitoring system failures that are
caused in part by poor maintenance or careless operation are not
malfunctions. You are required to complete monitoring system repairs in
response to monitoring system malfunctions and to return the monitoring
system to operation as expeditiously as practicable.
    (2) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or control activities
in calculations used to report emissions or operating levels. You must
use all the data collected during all other required data collection
periods in assessing the operation of the control device and associated
control system. You must report any periods for which the monitoring
system failed to collect required data.
    (d) A deviation means any of the cases listed in paragraphs (d)(1)
through (7) of this section.
    (1) Any instance in which an affected source subject to this
subpart, or an owner or operator of such a source, fails to meet any
requirement or obligation established by this subpart, including, but
not limited to, any emission limit, operating limit or work practice
standard.
    (2) When a performance test indicates that emissions of a pollutant
in Table 1 or 2 to this subpart are exceeding the emission standard for
the pollutant specified in Table 1 or 2 to this subpart.
    (3) When a 3-hour block average from a continuous emissions
monitor, as required by Sec.  63.11925(c)(1) through (3), exceeds an
emission limit in Table 1 or 2 to this subpart.
    (4) When the average value of a monitored operating parameter,
based on the data averaging period for compliance specified in Table 5
to this subpart, does not meet the operating limit established in Sec.
63.11880(b).
    (5) When an affected source discharges directly to the atmosphere
from any of the sources specified in paragraphs (d)(5)(i) through (iv)
of this section.
    (i) A pressure relief device, as defined in Sec.  63.12005.
    (ii) A bypass, as defined in Sec.  63.12005.
    (iii) A closed vent system in vacuum service.
    (iv) A closure device on a pressure vessel.
    (6) Any instance in which the affected source subject to this
subpart, or an owner or operator of such a source, fails to meet any
term or condition specified in paragraph (d)(6)(i) or (ii) of this
section.
    (i) Any term or condition that is adopted to implement an
applicable requirement in this subpart.
    (ii) Any term or condition relating to compliance with this subpart
that is included in the operating permit for any affected source
required to obtain such a permit.
    (7) Any failure to collect required data, except for periods of
monitoring system malfunctions, repairs associated with monitoring
system malfunctions, and required monitoring system quality assurance
or quality control activities (including, as applicable, calibration
checks and required zero and span adjustments).

Sec.  63.11895  How do I assert an affirmative defense for exceedance
of emission standard during malfunction?

    In response to an action to enforce the standards set forth in
Sec.  63.11880, you may assert an affirmative defense to a claim for
civil penalties for violations of such standards that are caused by
malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be
assessed, however, if you fail to meet your burden of proving all of
the requirements in the affirmative defense. The affirmative defense
shall not be available for claims for injunctive relief.
    (a) Evidence. To establish the affirmative defense in any action to
enforce such a standard, you must timely meet the notification
requirements in paragraph (b) of this section, and must prove by a
preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner.
    (ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices.
    (iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for.
    (iv) Were not part of a recurring pattern indicative of inadequate
design, operation or maintenance.
    (2) Repairs were made as expeditiously as possible when violation
occurred. Off-shift and overtime labor were used, to the extent
practicable to make these repairs.
    (3) The frequency, amount and duration of the violation (including
any bypass) were minimized to the maximum extent practicable.
    (4) If the violation resulted from a bypass of control equipment or
a process, then the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage.
    (5) All possible steps were taken to minimize the impact of the
violations on ambient air quality, the environment and human health.

    (6) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices.
    (7) All of the actions in response to the violations were
documented by properly signed, contemporaneous operating logs.
    (8) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions.
    (9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the violations resulting from the malfunction event at
issue. The analysis shall also specify, using best monitoring methods
and engineering judgment, the amount of excess emissions that were the
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative
defense shall submit a written report to the Administrator in the
compliance report required by Sec.  63.11985(b) with all necessary
supporting documentation, that it has met the requirements set forth in
this section.

Sec.  63.11896  What am I required to do if I make a process change at
my affected source?

    If you make a process change to an existing affected source that
does not meet the criteria to become a new affected source in Sec.
63.11870(d), you must comply with the requirements in paragraph (a) of
this section and the testing and reporting requirements in paragraphs
(c) and (d) of this section. If you make a process change to a new
affected source, you must comply with the requirements in paragraph (b)
of this section and the testing and reporting requirements in
paragraphs (c) and (d) of this section. Refer to Sec.  63.12005 for the
definition of process changes.
    (a) You must demonstrate that the changed process unit or component
of the affected facility is in compliance with the applicable
requirements for an existing affected source. You must demonstrate
initial compliance with the emission limits and establish any
applicable operating limits in Sec.  63.11880 within 180 days of the
date of start-up of the changed process unit or component of the
affected facility. You must demonstrate compliance with any applicable
work practice standards upon startup of the changed process unit or
component of the affected facility.
    (b) You must demonstrate that all changed emission points are in
compliance with the applicable requirements for a new affected source.
You must demonstrate initial compliance with the emission limits and
establish any applicable operating limits in Sec.  63.11880 within 180
days of the date of startup of the changed process unit or component of
the affected facility. You must demonstrate compliance with any
applicable work practice standards upon startup of the changed process
unit or component of the affected facility.
    (c) For process changes, you must demonstrate continuous compliance
with your emission limits and standards, operating limits, and work
practice standards according to the procedures and frequency in
Sec. Sec.  63.11910 through 63.11980.
    (d) For process changes, you must submit the report specified in
Sec.  63.11985(b)(4)(iii).

Testing and Compliance Requirements

Sec.  63.11900  By what date must I conduct initial performance testing
and monitoring, establish any applicable operating limits and
demonstrate initial compliance with my emission limits and work
practice standards?

    (a) For existing affected sources, you must establish any
applicable operating limits required in Sec.  63.11880 and demonstrate
initial compliance with the emission limits and standards specified in
Tables 1 and 3 to this subpart, as applicable, no later than 180 days
after the compliance date specified in Sec.  63.11875 and according to
the applicable provisions in Sec.  63.7(a)(2).
    (b) For existing affected sources, you must demonstrate initial
compliance with any applicable work practice standards required in
Sec.  63.11880 no later than the compliance date specified in Sec.
63.11875 and according to the applicable provisions in Sec.
63.7(a)(2).
    (c) For new or reconstructed affected sources, you must establish
any applicable operating limits required in Sec.  63.11880, and
demonstrate initial compliance with the emission limits and standards
specified in Tables 2 and 3 to this subpart, as applicable, no later
than 180 days after the effective date of publication of the final rule
in the Federal Register or within 180 days after startup of the source,
whichever is later, according to Sec.  63.7(a)(2)(ix).
    (d) For new and reconstructed affected sources, you must
demonstrate initial compliance with any applicable work practice
standards required in Sec.  63.11880 no later than the startup date of
the affected source or the effective date of publication of the final
rule in the Federal Register, whichever is later, and according to the
applicable provisions in Sec.  63.7(a)(2).
    (e) If you demonstrate initial compliance using a performance test
and a force majeure is about to occur, occurs, or has occurred for
which you intend to assert a claim of force majeure, then you must
follow the procedures in Sec.  63.7(a)(4).

Sec.  63.11905  When must I conduct subsequent performance testing and
monitoring to demonstrate continuous compliance?

    Following the date of your initial demonstration of compliance in
Sec.  63.11900, you must conduct subsequent performance testing and
monitoring to demonstrate continuous compliance with your emission
limits, operating limits, and work practice standards according to the
procedures and frequency in Sec. Sec.  63.11910 through 63.11980. If
you make a process change as specified in Sec.  63.11896, such that a
different emission limit or operating parameter limit applies, you must
conduct a performance test according to Sec.  63.11896.

Sec.  63.11910  What are my initial and continuous compliance
requirements for storage vessels?

    You must comply with the requirements specified in Table 3 to this
subpart for each storage vessel in HAP service.
    (a) For each fixed roof storage vessel used to comply with the
requirements specified in Table 3 to this subpart, you must meet the
requirements in paragraphs (a)(1) through (4) of this section. If you
elect to use a fixed roof storage vessel vented to a closed vent system
and control device, the closed vent system and control device must meet
the requirements in Sec. Sec.  63.11925 through 63.11950.
    (1) Design requirements. (i) The fixed roof must be installed in a
manner such that there are no visible cracks, holes, gaps, or other
open spaces between roof section joints or between the interface of the
roof edge and the tank wall.
    (ii) Each opening in the fixed roof must be equipped with a closure
device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or
other open spaces in the closure device or between the perimeter of the
opening and the closure device.
    (2) Operating requirements. (i) Except as specified in paragraph
(a)(2)(ii) of this section, the fixed roof must be installed with each
closure device secured in the closed position.
    (ii) Opening of closure devices or removal of the fixed roof is
allowed under conditions specified in paragraphs (a)(2)(ii)(A) and (B)
of this section.

    (A) A closure device may be opened or the roof may be removed when
needed to provide access.
    (B) A conservation vent that vents to the atmosphere is allowed
during normal operations to maintain the tank internal operating
pressure within tank design specifications. Normal operating conditions
that may require these devices to open are during those times when the
internal pressure of the storage vessel is outside the internal
pressure operating range for the storage vessel as a result of loading
or unloading operations or diurnal ambient temperature fluctuations.
    (iii) During periods of planned routine maintenance of a control
device, operate the storage vessel in accordance with paragraphs
(a)(2)(iii)(A) and (B) of this section. You must keep the records
specified in Sec.  63.11990(b)(6).
    (A) Do not add material to the storage vessel during periods of
planned routine maintenance.
    (B) Limit periods of planned routine maintenance for each control
device to no more than 360 hours per year (hr/yr).
    (3) Inspection and monitoring requirements. (i) Visually inspect
the fixed roof and its closure devices for defects initially and at
least once per calendar year except as specified in paragraph
(a)(3)(ii) of this section. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the wall of the storage vessel; broken, cracked or otherwise
damaged seals, or gaskets on closure devices; and broken or missing
hatches, access covers, caps or other closure devices.
    (ii) The inspection requirement specified in paragraph (a)(3)(i) of
this section does not apply to parts of the fixed roof that you
determine are unsafe to inspect because operating personnel would be
exposed to an imminent or potential danger as a consequence of
complying with paragraph (a)(3)(i) of this section, provided you comply
with the requirements specified in paragraphs (a)(3)(ii)(A) and (B) of
this section.
    (A) You prepare and maintain at the plant site written
documentation that identifies all parts of the fixed roof that are
unsafe to inspect and explains why such parts are unsafe to inspect.
    (B) You develop and implement a written plan and schedule to
conduct inspections the next time alternative storage capacity becomes
available and the storage vessel can be emptied or temporarily removed
from service, as necessary, to complete the inspection. The required
inspections must be performed as frequently as practicable but do not
need to be performed more than once per calendar year. You must
maintain a copy of the written plan and schedule at the plant site.
    (4) Repair requirements. (i) Complete repair of a defect as soon as
possible, but no later than 45 days after detection. You must comply
with the requirements in this paragraph (a)(4)(i) except as provided in
paragraph (a)(4)(ii) of this section.
    (ii) Repair of a defect may be delayed beyond 45 days if you
determine that repair of the defect requires emptying or temporary
removal from service of the storage vessel and no alternative storage
capacity is available at the site to accept the removed material. In
this case, repair the defect the next time alternative storage capacity
becomes available and the storage vessel can be emptied or temporarily
removed from service.
    (b) If you elect to use an internal floating roof storage vessel or
external floating roof storage vessel to comply with the requirements
specified in Table 3 to this subpart, you must meet all requirements of
Sec. Sec.  63.1060 through 63.1067 of subpart WW of this part for
internal floating roof storage vessels or external floating roof
storage vessels, as applicable.
    (c) For each pressure vessel used to comply with the requirements
specified in Table 3 to this subpart, you must meet the requirements in
paragraphs (c)(1) through (4) of this section.
    (1) Whenever the pressure vessel is in hazardous air pollutants
(HAP) service, you must operate the pressure vessel as a closed system
that does not vent to the atmosphere, e.g., during filling, emptying
and purging. The vent stream during filling, emptying and purging must
meet the requirements of Sec.  63.11925(a) and (b).
    (2) Each opening in the pressure vessel must be equipped with a
closure device designed to operate such that when the closure device is
secured in the closed position there are no visible cracks, holes, gaps
or other open spaces in the closure device or between the perimeter of
the opening and the closure device.
    (3) All potential leak interfaces must be monitored annually for
leaks using the procedures specified in Sec.  63.11915 and you may
adjust for background concentration. You must comply with the
recordkeeping provisions specified in Sec.  63.11990(b)(4) and the
reporting provisions specified in Sec.  63.11985(a)(1), (b)(1), and
(b)(10).
    (4) Pressure vessel closure devices must not discharge to the
atmosphere. Any such release (e.g., leak) constitutes a violation of
this rule. You must submit to the Administrator as part of your
compliance report the information specified in Sec.  63.11985(b)(10).
This report is required even if you elect to follow the procedures
specified in Sec.  63.11895 to establish an affirmative defense.

Sec.  63.11915  What are my compliance requirements for equipment
leaks?

    For equipment in HAP service (as defined in Sec.  63.12005), you
must comply with the requirements in paragraphs (a) through (c) of this
section.
    (a) Requirement for certain equipment in subpart UU of this part.
You must comply with Sec. Sec.  63.1020 through 63.1025, 63.1027,
63.1029 through 63.1032, and 63.1034 through 63.1039 of subpart UU of
this part.
    (b) Requirements for pumps, compressors, and agitators. You must
meet the requirements of paragraphs (b)(1) and (2) of this section. For
each type of equipment specified in paragraphs (b)(1) and (2) of this
section, you must also meet the requirements of paragraph (a) of this
section.
    (1) Rotating pumps. HAP emissions from seals on all rotating pumps
in HAP service are to be minimized by either installing sealless pumps,
pumps with double mechanical seals or equivalent equipment, or by
complying with the requirements of 40 CFR part 63, subpart UU for
rotating pumps. If double mechanical seals are used, emissions from the
seals are to be minimized by maintaining the pressure between the two
seals so that any leak that occurs is into the pump; by complying with
Sec.  63.11925(a) and (b); or equivalent equipment or procedures
approved by the Administrator.
    (2) Reciprocating pumps, rotating compressors, reciprocating
compressors and agitators. HAP emissions from seals on all
reciprocating pumps, rotating compressors, reciprocating compressors
and agitators in HAP service are to be minimized by either installing
double mechanical seals or equivalent equipment, or by complying with
the requirements of 40 CFR part 63, subpart UU for reciprocating pumps,
rotating compressors, reciprocating compressors and/or agitators. If
double mechanical seals are used, HAP emissions from the seals are to
be minimized by maintaining the pressure between the two seals so that
any leak that occurs is into the pump; by complying with Sec.
63.11925(a) and (b); or equivalent equipment or procedures approved by
the Administrator.
    (c) Requirements for pressure relief devices. For pressure relief
devices in HAP service, as defined in Sec.  63.12005, you must meet the
requirements of this

paragraph (c) and paragraph (a) of this section, you must comply with
the recordkeeping provisions in Sec.  63.11990(c), and you must comply
with the reporting provisions in Sec. Sec.  63.11985(a)(2), (b)(2) and
(c)(7).
    (1) For pressure relief devices in HAP service that discharge
directly to the atmosphere without first meeting the process vent
emission limits in Table 1 or 2 to this subpart by routing the
discharge to a closed vent system and control device designed and
operated in accordance with the requirements in Sec. Sec.  63.11925
through 63.11950, you must install, maintain, and operate release
indicators as specified in paragraphs (c)(1)(i) and (ii) of this
section. Any release to the atmosphere without meeting the process vent
emission limits in Table 1 or 2 to this subpart, constitutes a
violation of this rule. You must submit the report specified in Sec.
63.11985(c)(7), as described in paragraph (c)(1)(iii) of this section.
    (i) A release indicator must be properly installed on each pressure
relief device in such a way that it will indicate when an emission
release has occurred.
    (ii) Each indicator must be equipped with an alert system that will
notify an operator immediately and automatically when the pressure
relief device is open. The alert must be located such that the signal
is detected and recognized easily by an operator.
    (iii) For any instance that the release indicator indicates that a
pressure relief device is open, you must notify operators that a
pressure release has occurred, and, within 10 days of the release, you
must submit to the Administrator the report specified in Sec.
63.11985(c)(7). This report is required even if you elect to follow the
procedures specified in Sec.  63.11895 to establish an affirmative
defense.
    (2) For pressure relief devices in HAP service that discharge
directly to a closed vent system and control device designed and
operated in accordance with the requirements in Sec. Sec.  63.11925
through 63.11950, and are required to meet process vent emission limits
in Table 1 or 2 to this subpart. Any release to the atmosphere without
meeting the process vent emission limits in Table 1 or 2 to this
subpart, constitutes a violation of this rule. You must notify
operators that a pressure release has occurred, and, within 10 days of
the release, you must submit to the Administrator the report specified
in Sec.  63.11985(c)(7). This report is required even if you elect to
follow the procedures specified in Sec.  63.11895(b) to establish an
affirmative defense.

Sec.  63.11920  What are my initial and continuous compliance
requirements for heat exchange systems?

    (a) Except as provided in paragraph (b) of this section, you must
perform monitoring to identify leaks of volatile organic compounds from
each heat exchange system in HAP service subject to the requirements of
this subpart according to the procedures in paragraphs (a)(1) through
(4) of this section.
    (1) Monitoring locations for closed-loop recirculation heat
exchange systems. For each closed loop recirculating heat exchange
system, you must collect and analyze a sample from the location(s)
described in either paragraph (a)(1)(i) or (ii) of this section.
    (i) Each cooling tower return line prior to exposure to air for
each heat exchange system in HAP service.
    (ii) Selected heat exchanger exit line(s) so that each heat
exchanger or group of heat exchangers within a heat exchange system is
covered by the selected monitoring location(s).
    (2) Monitoring locations for once-through heat exchange systems.
For each once-through heat exchange system, you must collect and
analyze a sample from the location(s) described in paragraph (a)(2)(i)
of this section. You may also elect to collect and analyze an
additional sample from the location(s) described in paragraph
(a)(2)(ii) of this section.
    (i) Selected heat exchanger exit line(s) so that each heat
exchanger or group of heat exchangers in HAP service within a heat
exchange system is covered by the selected monitoring location(s).
    (ii) The inlet water feed line for a once-through heat exchange
system prior to any heat exchanger. If multiple heat exchange systems
use the same water feed (i.e., inlet water from the same primary water
source), you may monitor at one representative location and use the
monitoring results for that sampling location for all heat exchange
systems that use that same water feed.
    (3) Monitoring method. You must determine the total strippable
volatile organic compounds concentration or vinyl chloride
concentration at each monitoring location using one of the analytical
methods specified in paragraphs (a)(3)(i) through (iii) of this
section.
    (i) Determine the total strippable volatile organic compounds
concentration (in parts per million by volume) as methane from the air
stripping testing system using Modified El Paso Method (incorporated by
reference, see Sec.  63.14) using a flame ionization detector analyzer.
    (ii) Determine the total strippable volatile organic compounds
concentration (in parts per billion by weight) in the cooling water
using Method 624 at 40 CFR part 136, appendix A. The target list of
compounds shall be generated based on a pre-survey sample and analysis
by gas chromatography/mass spectrometry and process knowledge to
include all compounds that can potentially leak into the cooling water.
If Method 624 of part 136, appendix A is not applicable for all
compounds that can potentially leak into the cooling water for a given
heat exchange system, you cannot use this monitoring method for that
heat exchange system.
    (iii) Determine the vinyl chloride concentration (in parts per
billion by weight) in the cooling water using Method 107 at 40 CFR part
61, appendix A.
    (4) Monitoring frequency. You must determine the total strippable
volatile organic compounds or vinyl chloride concentration at each
monitoring location at the frequencies specified in paragraphs
(a)(4)(i) and (ii) of this section.
    (i) For heat exchange systems for which you have not delayed repair
of any leaks, monitor at least monthly. You may elect to monitor more
frequently than the minimum frequency specified in this paragraph.
    (ii) If you elect to monitor the inlet water feed line for a once-
through heat exchange system as provided in paragraph (a)(2)(ii) of
this section, you must monitor the inlet water feed line at the same
frequency used to monitor the heat exchange exit line(s), as required
in paragraph (a)(2)(i) of this section.
    (b) A heat exchange system is not subject to the monitoring
requirements in paragraph (a) of this section if it meets any one of
the criteria in paragraphs (b)(1) through (3) of this section.
    (1) All heat exchangers that are in HAP service within the heat
exchange system operate with the minimum pressure on the cooling water
side at least 35 kilopascals greater than the maximum pressure on the
process side.
    (2) The heat exchange system does not contain any heat exchangers
that are in HAP service.
    (3) The heat exchange system has a maximum cooling water flow rate
of 10 gallons per minute or less.
    (c) The leak action levels for both existing and new sources are
specified in paragraphs (c)(1) through (3) of this section.
    (1) If you elect to monitor your heat exchange system by using the

monitoring method specified in paragraph (a)(3)(i) of this section,
then the leak action level is a total strippable volatile organic
compounds concentration (as methane) in the stripping gas of 3.9 parts
per million by volume.
    (2) If you elect to monitor your heat exchange system by using the
monitoring method specified in paragraph (a)(3)(ii) of this section,
then the leak action level is a total strippable volatile organic
compounds concentration in the cooling water of 50 parts per billion by
weight.
    (3) If you elect to monitor your heat exchange system by using the
monitoring method specified in paragraph (a)(3)(iii) of this section,
then the leak action level is a vinyl chloride concentration in the
cooling water of 50 parts per billion by weight.
    (d) A leak is defined as specified in paragraph (d)(1) or (2) of
this section, as applicable.
    (1) For once-through heat exchange systems for which you monitor
the inlet water feed, as described in paragraph (a)(2)(ii) of this
section, a leak is detected if the difference in the measurement value
of the sample taken from a location specified in paragraph (a)(2)(i) of
this section and the measurement value of the corresponding sample
taken from the location specified in paragraph (a)(2)(ii) of this
section equals or exceeds the leak action level.
    (2) For all other heat exchange systems, a leak is detected if a
measurement value taken according to the requirements in paragraph (a)
of this section equals or exceeds the leak action level.
    (e) If a leak is detected, you must repair the leak to reduce the
measured concentration to below the applicable action level as soon as
practicable, but no later than 45 days after identifying the leak,
except as specified in paragraphs (f) and (g) of this section. Repair
includes re-monitoring as specified in paragraph (a) of this section to
verify that the measured concentration is below the applicable action
level. Actions that you can take to achieve repair include but are not
limited to:
    (1) Physical modifications to the leaking heat exchanger, such as
welding the leak or replacing a tube;
    (2) Blocking the leaking tube within the heat exchanger;
    (3) Changing the pressure so that water flows into the process
fluid;
    (4) Replacing the heat exchanger or heat exchanger bundle; or
    (5) Isolating, bypassing or otherwise removing the leaking heat
exchanger from service until it is otherwise repaired.
    (f) If you detect a leak when monitoring a cooling tower return
line or heat exchanger exit line under paragraph (a) of this section,
you may conduct additional monitoring following the requirements in
paragraph (a) of this section to further isolate each heat exchanger or
group of heat exchangers in HAP service within the heat exchange system
for which the leak was detected. If you do not detect any leaks when
conducting additional monitoring for each heat exchanger or group of
heat exchangers, the heat exchange system is excluded from repair
requirements in paragraph (e) of this section.
    (g) The delay of repair action level is defined as either a total
strippable volatile organic compounds concentration (as methane) in the
stripping gas of 39 parts per million by volume or a total strippable
volatile organic compounds concentration in the cooling water of 500
parts per billion by weight or a vinyl chloride concentration in the
cooling water of 500 parts per billion by weight. While you remain
below the repair action level, you may delay the repair of a leaking
heat exchanger only if one of the conditions in paragraphs (g)(1) or
(2) of this section is met. If you exceed the repair action level you
must repair according to paragraph (e) of this section. You must
determine if a delay of repair is necessary as soon as practicable, but
no later than 45 days after first identifying the leak.
    (1) If the repair is technically infeasible without a shutdown and
the total strippable volatile organic compounds or vinyl chloride
concentration is initially and remains less than the delay of repair
action level for all monitoring periods during the delay of repair, you
may delay repair until the next scheduled shutdown of the heat exchange
system. If, during subsequent monitoring, the total strippable volatile
organic compounds or vinyl chloride concentration is equal to or
greater than the delay of repair action level, you must repair the leak
within 30 days of the monitoring event in which the total strippable
volatile organic compounds or vinyl chloride concentration was equal to
or exceeded the delay of repair action level.
    (2) If the necessary equipment, parts, or personnel are not
available and the total strippable volatile organic compounds or vinyl
chloride concentration is initially and remains less than the delay of
repair action level for all monitoring periods during the delay of
repair, you may delay the repair for a maximum of 120 days from the day
the leak was first identified. You must demonstrate that the necessary
equipment, parts or personnel were not available. If, during subsequent
monthly monitoring, the total strippable volatile organic compounds or
vinyl chloride concentration is equal to or greater than the delay of
repair action level, you must repair the leak within 30 days of the
monitoring event in which the leak was equal to or exceeded the total
strippable volatile organic compounds or vinyl chloride delay of repair
action level.
    (h) To delay the repair under paragraph (g) of this section, you
must record the information in paragraphs (h)(1) through (4) of this
section.
    (1) The reason(s) for delaying repair.
    (2) A schedule for completing the repair as soon as practical.
    (3) The date and concentration of the leak as first identified and
the results of all subsequent monitoring events during the delay of
repair.
    (4) An estimate of the potential emissions from the leaking heat
exchange system following the procedures in paragraphs (h)(4)(i) and
(ii) of this section.
    (i) Determine the total strippable volatile organic compounds or
vinyl chloride concentration in the cooling water, in parts per billion
by weight. If the Modified El Paso Method is used, calculate the total
strippable volatile organic compounds concentration in the cooling
water using equation 7-1 from Modified El Paso Method (incorporated by
reference, see Sec.  63.14) and the total strippable volatile organic
compounds concentration measured in the stripped air.
    (ii) Calculate the emissions for the leaking heat exchange system
by multiplying the volatile organic compounds or vinyl chloride
concentration in the cooling water, ppbw, by the flow rate of the
cooling water at the selected monitoring location and by the expected
duration of the delay according to Equation 1 of this section. The flow
rate may be based on direct measurement, pump curves, heat balance
calculations or other engineering methods.

[GRAPHIC] [TIFF OMITTED] TR17AP12.000

Where:

EL = Emissions from leaking heat exchange system, pounds
of volatile organic compounds or vinyl chloride.
CVC = Actual measured concentration of total strippable
volatile organic compounds or vinyl chloride measured in the cooling
water, parts per billion by weight (ppbw).
VCW = Total volumetric flow rate of cooling water,
gallons per minute (gpm).
[rho]CW = Density of cooling water, pounds per gallon
(lb/gal).
Ddelay = Expected duration of the repair delay, days.

Sec.  63.11925  What are my initial and continuous compliance
requirements for process vents?

    Each process vent must meet the requirements of paragraphs (a)
through (h) of this section.
    (a) Emission limits. Each process vent must meet the emission
limits in Table 1 or 2 to this subpart prior to the vent stream being
exposed to the atmosphere. The emission limits in Table 1 or 2 to this
subpart apply at all times. The emission limits in Table 1 or 2 to this
subpart must not be met through dilution.
    (b) Closed vent systems and control devices. Each batch process
vent, continuous process vent and miscellaneous vent that is in HAP
service must be routed through a closed vent system to a control
device. All gas streams routed to the closed vent system and control
device must be for a process purpose and not for the purpose of
diluting the process vent to meet the emission limits in Table 1 or 2
to this subpart. Each control device used to comply with paragraph (a)
of this section must meet the requirements of Sec. Sec.  63.11925 and
63.11940, and all closed vent systems must meet the requirements in
Sec.  63.11930. You must not use a flare to comply with the emission
limits in Table 1 or 2 to this subpart.
    (c) General monitoring requirements. Except as provided in
paragraphs (c)(1) through (3) of this section, for each control device
used to comply with the process vent emission limit specified in Table
1 or 2 to this subpart, you must install and operate a continuous
parameter monitoring system (CPMS) to monitor each operating parameter
specified in Sec.  63.11940(a) through (h) to comply with your
operating limit(s) required in Sec.  63.11880(b).
    (1) Hydrogen chloride continuous emission monitoring system (CEMS).
In lieu of establishing operating limits in Sec.  63.11880(b) and using
CPMS to comply with the operating limits, as specified in Sec.
63.11940(a) through (h), upon promulgation of a performance
specification for hydrogen chloride CEMS, new and existing sources have
the option to install a hydrogen chloride CEMS to demonstrate initial
and continuous compliance with the hydrogen chloride emission limit for
process vents, as specified in paragraphs (d) and (e) of this section.
    (2) Dioxin/furan CEMS. In lieu of establishing operating limits in
Sec.  63.11880(b) and using CPMS to comply with the operating limits as
specified in Sec.  63.11940(a) through (h), upon promulgation of a
performance specification for dioxin/furan CEMS, new and existing
sources have the option to install a dioxin/furan CEMS to demonstrate
initial and continuous compliance with the dioxins/furan emission limit
for process vents, as specified in paragraphs (d) and (e) of this
section.
    (3) Total hydrocarbon CEMS. In lieu of establishing operating
limits in Sec.  63.11880(b) and using CPMS to comply with the operating
limits as specified in Sec.  63.11940(a) through (h), new and existing
affected sources have the option to install a total hydrocarbon CEMS to
demonstrate initial and continuous compliance with the total
hydrocarbons or total organic HAP emission limit for process vents, as
specified in paragraphs (d) and (e) of this section.
    (d) Initial compliance. To demonstrate initial compliance with the
emission limits in Table 1 or 2 to this subpart, you must comply with
paragraphs (d)(1) through (5) of this section.
    (1) You must conduct an initial inspection as specified in Sec.
63.11930(d) for each closed vent system.
    (2) For each CEMS and CPMS required or that you elect to use as
specified in paragraph (c) of this section, you must prepare the
quality control program and site-specific performance evaluation test
plan as specified in Sec.  63.11935(b) and site-specific monitoring
plan specified in Sec.  63.11935(c), respectively.
    (3) For each CEMS and CPMS required or that you elect to use as
specified in paragraph (c) of this section, you must install, operate,
and maintain the CEMS and CPMS as specified in Sec. Sec.  63.11935(b)
and (c), respectively, and you must conduct an initial site-specific
performance evaluation test according to your site-specific monitoring
plan and Sec. Sec.  63.11935(b)(3) and (c)(4), respectively.
    (4) For each emission limit for which you use a CEMS to demonstrate
compliance, you must meet the requirements specified in Sec.
63.11890(c), and you must demonstrate initial compliance with the
emission limits in Table 1 or 2 to this subpart based on 3-hour block
averages of CEMS data collected at the minimum frequency specified in
Sec.  63.11935(b)(2) and calculated using the data reduction method
specified in Sec.  63.11935(e). For a CEMS used on a batch operation,
you may use a data averaging period based on an operating block in lieu
of the 3-hour averaging period.
    (5) For each emission limit in Table 1 or 2 for which you do not
use a CEMS to demonstrate compliance, you must meet the requirements of
paragraphs (d)(5)(i) and (ii) of this section.
    (i) You must conduct an initial performance test according to the
requirements in Sec.  63.11945 to demonstrate compliance with the total
hydrocarbons or total organic HAP emission limit, vinyl chloride
emission limit, hydrogen chloride emission limit, and dioxin/furan
emission limit in Table 1 or 2 to this subpart.
    (ii) During the performance test specified in paragraph (d)(5)(i)
of this section, for each CPMS installed and operated as specified in
paragraph (c) of this section, you must establish an operating limit as
the operating parameter range, minimum operating parameter level, or
maximum operating parameter level specified in Sec.  63.11935(d). You
must meet the requirements specified in Sec.  63.11890(c). Each
operating limit must be based on the data averaging period for
compliance specified in Table 5 to this subpart using data collected at
the minimum frequency specified in Sec.  63.11935(c)(2) and calculated
using the data reduction method specified in Sec.  63.11935(e). For a
CPMS used on a batch operation, you may use a data averaging period
based on an operating block in lieu of the averaging period specified
in Table 5 to this subpart.
    (e) Continuous compliance. To demonstrate continuous compliance
with the emission limits in Table 1 or 2 to this subpart for each
process vent, you must comply with paragraphs (e)(1) through (5) of
this section.
    (1) You must meet the requirements in Sec.  63.11930 for each
closed vent system.

    (2) You must operate and maintain each CEMS and CPMS required in
paragraph (c) of this section as specified in Sec.  63.11935(b) and
(c), respectively.
    (3) For each emission limit for which you use a CEMS to demonstrate
compliance, you must meet the requirements in paragraphs (e)(3)(i) and
(ii) of this section.
    (i) You must conduct a periodic site-specific CEMS performance
evaluation test according to your quality control program and site-
specific performance evaluation test plan specified in Sec.
63.11935(b)(1).
    (ii) You must demonstrate continuous compliance with the emission
limits in Table 1 or 2 to this subpart based on 3-hour block averages
of CEMS data collected at the minimum frequency specified in Sec.
63.11935(b)(2), and calculated using the data reduction method
specified in Sec.  63.11935(e). You must meet the requirements
specified in Sec.  63.11890(c). For a CEMS used on a batch operation,
you may use a data averaging period based on an operating block in lieu
of the 3-hour averaging period.
    (4) For each emission limit for which you do not use a CEMS to
demonstrate compliance, you must meet the requirements of paragraphs
(e)(4)(i) and (ii) of this section.
    (i) You must conduct a performance test once every 5 years
according to the requirements in Sec.  63.11945 for each pollutant in
Table 1 or 2 to this subpart.
    (ii) For each CPMS operated and maintained as specified in
paragraph (e)(2) of this section, you must meet the requirements
specified in paragraphs (e)(4)(ii)(A) through (C) of this section.
    (A) You must conduct periodic site-specific CPMS performance
evaluation tests according to your site-specific monitoring plan and
Sec.  63.11935(c).
    (B) For each control device being monitored, you must continuously
collect CPMS data consistent with Sec.  63.11890(c) and your site-
specific monitoring plan. You must continuously determine the average
value of each monitored operating parameter based on the data
collection and reduction methods specified in Sec. Sec.  63.11935(c)(2)
and 63.11935(e), and the applicable data averaging period for
compliance specified in Table 5 to this subpart for all periods the
process is operating. For a CPMS used on a batch operation, you may use
a data averaging period based on an operating block in lieu of the
averaging periods specified in Table 5 to this subpart.
    (C) You must demonstrate continuous compliance with each operating
limit established in paragraph (d)(5)(ii) of this section using these
average values calculated in paragraph (e)(4)(ii)(B) of this section.
    (5) Each closed vent system and control device used to comply with
an emission limit in Table 1 or 2 to this subpart must be operated at
all times when emissions are vented to, or collected by, these systems
or devices.
    (f) To demonstrate compliance with the dioxin/furan toxic
equivalency emission limit specified in Table 1 or 2 to this subpart,
you must determine dioxin/furan toxic equivalency as specified in
paragraphs (f)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan (tetra-through
octachlorinated) congener emitted using Method 23 at 40 CFR part 60,
appendix A-7.
    (2) For each dioxin/furan (tetra-through octachlorinated) congener
measured in accordance with paragraph (f)(1) of this section, multiply
the congener concentration by its corresponding toxic equivalency
factor specified in Table 6 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (f)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
    (g) Emission profile. You must characterize each process vent by
developing an emissions profile for each contributing continuous
process vent, miscellaneous vent and batch process vent according to
paragraphs (g)(1) through (3) of this section.
    (1) For batch process vents, the emissions profile must:
    (i) Describe the characteristics of the batch process vent under
worst-case conditions.
    (ii) Determine emissions per episode and batch process vent
emissions according to the procedures specified in Sec.  63.11950.
    (2) For continuous process vents, the flow rate and concentration
must be determined according to paragraphs (g)(2)(i) through (iii) or
according to paragraph (g)(2)(iv):
    (i)(A) Method 1 or 1A of 40 CFR part 60, appendix A-1, as
appropriate, shall be used for selection of the sampling site. The
sampling site shall be after the last recovery device (if any recovery
devices are present) but prior to being combined with any other
continuous process vent, batch process vent, or miscellaneous vent,
prior to the inlet of any control device that is present and prior to
release to the atmosphere.
    (B) No traverse site selection method is needed for vents smaller
than 0.10 meter in diameter.
    (ii) The gas volumetric flow rate shall be determined using Method
2, 2A, 2C or 2D of 40 CFR part 60, appendix A-1, as appropriate.
    (iii) (A) Method 18 of 40 CFR part 60, appendix A-6 or Method 25A
of 40 CFR part 60, appendix A-7 shall be used to measure concentration;
alternatively, any other method or data that has been validated
according to the protocol in Method 301 of appendix A of this part may
be used.
    (B) Where Method 18 of 40 CFR part 60, appendix A-6 is used, the
following procedures shall be used to calculate parts per million by
volume concentration:
    (1) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time, such as 15-minute intervals during the run.
    (2) The concentration of either total organic compounds (TOC)
(minus methane and ethane) or organic HAP shall be calculated according
to paragraph (g)(2)(iii)(B)(2)(i) or (g)(2)(iii)(B)(2)(ii) of this
section as applicable.
    (i) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR17AP12.001

Where:

CTOC = Concentration of TOC (minus methane and ethane),
dry basis, parts per million by volume.
Cji = Concentration of sample component j of the sample
i, dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (ii) The total organic HAP concentration (CHAP) shall be computed
according to Equation 1 of this section except that only the organic
HAP species shall be summed. The list of organic HAP is provided in
Table 2 to subpart F of this part.
    (C) Where Method 25A of 40 CFR part 60, appendix A-7 is used, the
following procedures shall be used to calculate parts per million by
volume TOC concentration:
    (1) Method 25A of 40 CFR part 60, appendix A-7, shall be used only
if a single organic HAP compound is greater than 50 percent of total
organic HAP, by volume, in the vent stream.
    (2) The vent stream composition may be determined by either process
knowledge, test data collected using an appropriate EPA method, or a
method or data validated according to the protocol in Method 301 of
appendix A of this part. Examples of information that could constitute
process knowledge include calculations based on material balances,
process stoichiometry, or previous test results provided the results
are still relevant to the current vent stream conditions.
    (3) The organic HAP used as the calibration gas for Method 25A of
40 CFR part 60, appendix A-7 shall be the single organic HAP compound
present at greater than 50 percent of the total organic HAP by volume.
    (4) The span value for Method 25A of 40 CFR part 60, appendix A-7
shall be 50 parts per million by volume.
    (5) Use of Method 25A of 40 CFR part 60, appendix A-7 is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
    (iv) Engineering assessment including, but not limited to, the
following:
    (A) Previous test results provided the tests are representative of
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
    (C) Maximum flow rate, TOC emission rate, organic HAP emission
rate, or net heating value limit specified or implied within a permit
limit applicable to the process vent.
    (D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
    (1) Use of material balances based on process stoichiometry to
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities,
    (3) Estimation of TOC or organic HAP concentrations based on
saturation conditions,
    (4) Estimation of maximum expected net heating value based on the
vent stream concentration of each organic compound or, alternatively,
as if all TOC in the vent stream were the compound with the highest
heating value.
    (E) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
    (3) For miscellaneous process vents the emissions profile must be
determined according to paragraph (g)(2)(iv) of this section.
    (h) Process changes. Except for temporary shutdowns for maintenance
activities, if you make a process change such that, as a result of that
change, you are subject to a different process vent limit in Table 1 or
2 to this subpart, then you must meet the requirements of Sec.
63.11896.

Sec.  63.11930  What requirements must I meet for closed vent systems?

    (a) General. To route emissions from process vents subject to the
emission limits in Table 1 or 2 to this subpart to a control device,
you must use a closed vent system and meet the requirements of this
section and all provisions referenced in this section. However, if you
operate and maintain your closed vent system in vacuum service as
defined in Sec.  63.12005, you must meet the requirements in paragraph
(h) of this section and are not required to meet the requirements in
paragraphs (a) through (g) of this section.
    (b) Collection of emissions. Each closed vent system must be
designed and operated to collect the HAP vapors from each continuous
process vent, miscellaneous process vent and batch process vent, and to
route the collected vapors to a control device.
    (c) Bypass. For each closed vent system that contains a bypass as
defined in Sec.  63.12005 (e.g., diverting a vent stream away from the
control device), you must not discharge to the atmosphere through the
bypass. Any such release constitutes a violation of this rule. The use
of any bypass diverted to the atmosphere during a performance test
invalidates the performance test. You must comply with the provisions
of either paragraph (c)(1) or (2) of this section for each closed vent
system that contains a bypass that could divert a vent stream to the
atmosphere.
    (1) Bypass flow indicator. Install, maintain, and operate a flow
indicator as specified in paragraphs (c)(1)(i) through (iv) of this
section.
    (i) The flow indicator must be properly installed at the entrance
to any bypass.
    (ii) The flow indicator must be equipped with an alarm system that
will alert an operator immediately, and automatically when flow is
detected in the bypass. The alarm must be located such that the alert
is detected and recognized easily by an operator.
    (iii) If the alarm is triggered, you must immediately initiate
procedures to identify the cause of the alarm. If any closed vent
system has discharged to the atmosphere through a vent or bypass, you
must initiate procedures to stop the bypass discharge.
    (iv) For any instances where the flow indicator alarm is triggered,
you must submit to the Administrator as part of your compliance report,
the information specified in Sec.  63.11985(b)(9) and (10). This report
is required even if you elect to follow the procedures specified in
Sec.  63.11895 to establish an affirmative defense and submit the
reports specified in Sec.  63.11985(b)(11).
    (2) Bypass valve configuration. Secure the bypass valve in the non-
diverting position with a car-seal or a lock-and-key type
configuration.
    (i) You must visually inspect the seal or closure mechanism at