[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1254]

[Page 88-91]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart GGG--National Emission Standards for Pharmaceuticals Production
 
Sec. 63.1254  Standards: Process vents.

    (a) Existing sources. For each process, the owner or operator of an 
existing affected source must comply with the requirements in paragraphs 
(a)(1) and (3) of this section or paragraphs (a)(2) and (3) of this 
section. Initial compliance with the required emission limits or 
reductions in paragraphs (a)(1) through

[[Page 89]]

(3) of this section is demonstrated in accordance with the initial 
compliance procedures described in Sec. 63.1257(d), and continuous 
compliance is demonstrated in accordance with the monitoring 
requirements described in Sec. 63.1258.
    (1) Process-based emission reduction requirement.
    (i) Uncontrolled HAP emissions from the sum of all process vents 
within a process that are not subject to the requirements of paragraph 
(a)(3) of this section shall be reduced by 93 percent or greater by 
weight, or as specified in paragraph (a)(1)(ii) of this section. 
Notification of changes in the compliance method shall be reported 
according to the procedures in Sec. 63.1260(h).
    (ii) Any one or more vents within a process may be controlled in 
accordance with any of the procedures in paragraphs (a)(1)(ii)(A) 
through (D) of this section. All other vents within the process must be 
controlled as specified in paragraph (a)(1)(i) of this section.
    (A) To outlet concentrations less than or equal to 20 ppmv as TOC 
and less than or equal to 20 ppmv as hydrogen halides and halogens;
    (B) By a flare that meets the requirements of Sec. 63.11(b);
    (C) By a control device specified in Sec. 63.1257(a)(4); or
    (D) In accordance with the alternative standard specified in 
paragraph (c) of this section.
    (2) Process-based annual mass limit. (i) Actual HAP emissions from 
the sum of all process vents within a process must not exceed 900 
kilograms (kg) in any 365-day period.
    (ii) Actual HAP emissions from the sum of all process vents within 
processes complying with paragraph (a)(2)(i) of this section are limited 
to a maximum of 1,800 kg in any 365-day period.
    (iii) Emissions from vents that are subject to the requirements of 
paragraph (a)(3) of this section and emissions from vents that are 
controlled in accordance with the procedures in paragraph (c) of this 
section may be excluded from the sums calculated in paragraphs (a)(2)(i) 
and (ii) of this section.
    (iv) The owner or operator may switch from compliance with paragraph 
(a)(2) of this section to compliance with paragraph (a)(1) of this 
section only after at least 1 year of operation in compliance with 
paragraph (a)(2) of this section. Notification of such a change in the 
compliance method shall be reported according to the procedures in Sec. 
63.1260(h).
    (3) Individual vent emission reduction requirements.
    (i) Except as provided in paragraph (a)(3)(ii) of this section, 
uncontrolled HAP emissions from a process vent must be reduced by 98 
percent or in accordance with any of the procedures in paragraphs 
(a)(1)(ii)(A) through (D) of this section if the uncontrolled HAP 
emissions from the vent exceed 25 tons per year, and the flow-weighted 
average flowrate (FRa) calculated using Equation 1 of this subpart is 
less than or equal to the flowrate index (FRI) calculated using Equation 
2 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR29AU00.000

[GRAPHIC] [TIFF OMITTED] TR29AU00.001

Where:
FRa = flow-weighted average flowrate for the vent, scfm
Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
n = number of emission events
FRI = flowrate index, scfm
HL = annual uncontrolled HAP emissions, lb/yr, as defined in Sec. 63.1251

    (ii) Grandfathering provisions. As an alternative to the 
requirements in paragraph (a)(3)(i) of this section, the owner or 
operator may comply with the provisions in paragraph (a)(3)(ii)(A), (B), 
or (C) of this section, if applicable.
    (A) Control device operation. If the owner or operator can 
demonstrate that a process vent is controlled by a control device 
meeting the criteria specified in paragraph (a)(3)(ii)(A)(1) of this 
section, then the control device is required to be operated according to

[[Page 90]]

paragraphs (a)(3)(ii)(A)(2), (3), and (4) of this section:
    (1) The control device was installed on any process vent that met 
the conditions of paragraph (a)(3)(i) of this section on or before April 
2, 1997, and was operated to reduce uncontrolled emissions of total HAP 
by greater than or equal to 93 percent by weight, but less than 98 
percent by weight;
    (2) The device must be operated to reduce inlet emissions of total 
HAP by 93 percent or by the percent reduction specified for that control 
device in any preconstruction permit issued pursuant to regulations 
approved or promulgated through rulemaking under title I (including 
parts C or D) of the Clean Air Act, whichever is greater;
    (3) The device must be replaced or upgraded to achieve at least 98 
percent reduction of HAP or meet any of the conditions specified in 
paragraphs (a)(1)(ii)(A) through (D) of this section upon reconstruction 
or replacement.
    (4) The device must be replaced or upgraded to achieve at least 98 
percent reduction of HAP or meet any of the conditions specified in 
paragraphs (a)(1)(ii)(A) through (D) of this section by April 2, 2007, 
or 15 years after issuance of the preconstruction permit, whichever is 
later.
    (B) Process operations. If a process meets all of the conditions 
specified in paragraphs (a)(3)(ii)(B)(1) through (3) of this section, 
the required level of control for the process is the level that was 
achieved on or before April 2, 1997. This level of control is 
demonstrated using the same procedures that are used to demonstrate 
compliance with paragraph (a)(1) of this section.
    (1) At least one vent in the process met the conditions of paragraph 
(a)(3)(i) of this section on or before April 2, 1997; and
    (2) The overall control for the process on or before April 2, 1997 
was greater than or equal to 93 percent by weight, but less than 98 
percent by weight; and
    (3) The production-indexed HAP consumption factor for the 12-month 
period in which the process was operated prior to the compliance date is 
less than one-half of the 3-year average baseline value established no 
earlier than the 1987 through 1989 calendar years.
    (C) Hydrogenation vents. Processes meeting the conditions of 
paragraphs (a)(3)(ii)(C)(1) through (3) of this section are required to 
be operated to maintain the level of control achieved on or before April 
2, 1997. For all other processes meeting the conditions of paragraph 
(a)(3)(ii)(C)(3) of this section, uncontrolled HAP emissions from the 
sum of all process vents within the process must be reduced by 95 
percent or greater by weight.
    (1) Processes containing a process vent that met the conditions of 
paragraph (a)(3)(i) of this section on or before April 2, 1997; and
    (2) Processes that are controlled to greater than or equal to 93 
percent by weight, but less than 98 percent by weight; and
    (3) Processes with a hydrogenation vent that, in conjunction with 
all other process vents from the process that do not meet the conditions 
of paragraph (a)(3)(i) of this section, cannot meet the requirements of 
paragraph (a)(1) or (2) of this section.
    (4) Planned routine maintenance. For each PMPU that is controlled 
with a CCCD, the owner or operator must comply with the provisions 
specified in either paragraph (a)(4)(i), (ii), or (iii) of this section 
during periods of planned routine maintenance of the CCCD. The owner or 
operator is not required to comply with the same provision for all of 
the PMPU's controlled by the CCCD.
    (i) Shutdown the affected process.
    (ii) Comply with the requirements of paragraphs (a)(1) through (3) 
of this section by using other means.
    (iii) For a non-dedicated PMPU, implement the procedures described 
in paragraphs (a)(4)(iii)(A) through (C) of this section for those 
process vents that are normally controlled by the CCCD. This option is 
not available for process vents from dedicated PMPU's.
    (A) If the owner or operator uses a CCCD to comply with the 93 
percent reduction requirement in paragraph (a)(1)(i) or (ii) of this 
section, the outlet concentration limit in paragraph (a)(1)(ii)(A) of 
this section, the alternative standard as specified in paragraphs 
(a)(1)(ii)(D) and (c) of this section, or the annual mass limit in 
paragraph (a)(2) of this section, implement the provisions in Sec. 
63.1252(h) during

[[Page 91]]

planned routine maintenance of the CCCD.
    (B) If the owner or operator reduces HAP emissions from process 
vents by using a CCCD that is also a control device specified in Sec. 
63.1257(a)(4), implement the provisions in Sec. 63.1252(h) during planned 
routine maintenance of the CCCD.
    (C) If the owner or operator uses a CCCD to reduce emissions from a 
process vent subject to paragraph (a)(3) of this section, implement the 
planned routine maintenance provisions in Sec. 63.1252(h) for that vent 
only if the reason the planned routine maintenance is needed, and the 
reason it cannot be performed at a time when the vent subject to 
paragraph (a)(3) of this section is not operating, has been described in 
the Notification of Compliance Status Report or a periodic report 
submitted before the planned routine maintenance event.
    (b) New sources. (1) Except as provided in paragraph (b)(2) of this 
section, uncontrolled HAP emissions from the sum of all process vents 
within a process at a new affected source shall be reduced by 98 percent 
or greater by weight or controlled in accordance with any of 
requirements of paragraphs (a)(1)(ii)(A) through (D) of this section. 
Initial compliance with the required emission limit or reduction is 
demonstrated in accordance with the initial compliance procedures in Sec. 
63.1257(d), and continuous compliance is demonstrated in accordance with 
the monitoring requirements described in Sec. 63.1258.
    (2) Annual mass limit. The actual HAP emissions from the sum of all 
process vents for which the owner or operator is not complying with 
paragraph (b)(1) of this section are limited to 900 kg in any 365-day 
period.
    (c) Alternative standard. As an alternative standard, the owner or 
operator of an existing or new affected source may comply with the 
process vent standards by routing vents from a process to a combustion 
control device achieving an outlet TOC concentration, as calibrated on 
methane or the predominant HAP, of 20 ppmv or less, and an outlet 
concentration of hydrogen halides and halogens of 20 ppmv or less. If 
the owner or operator is routing emissions to a noncombustion control 
device, it must achieve an outlet TOC concentration, as calibrated on 
methane or the predominant HAP, of 50 ppmv or less, and an outlet 
concentration of hydrogen halides and halogens of 50 ppmv or less. Any 
process vents within a process that are not routed to this control 
device must be controlled in accordance with the provisions of paragraph 
(a) or (b) of this section, as applicable. Initial compliance with the 
outlet concentrations is demonstrated in accordance with the initial 
compliance procedures described in Sec. 63.1257(d)(1)(iv), and continuous 
compliance is demonstrated in accordance with the emission monitoring 
requirements described in Sec. 63.1258(b)(5).

[65 FR 52601, Aug. 29, 2000, as amended at 66 FR 40132, Aug. 2, 2001]