[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR63.16]



[Page 68-69]

 

                   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 A_General Provisions

 

Sec.  63.16  Performance Track Provisions.



    (a) Notwithstanding any other requirements in this part, an affected 

source at any major source or any area source at a Performance Track 

member facility, which is subject to regular periodic reporting under 

any subpart of this part, may submit such periodic reports at an 

interval that is twice the length of the regular period specified in the 

applicable subparts; provided, that for sources subject to permits under 

40 CFR part 70 or 71 no interval so calculated for any report of the 

results of any required monitoring may be less frequent than once in 

every six months.

    (b) Notwithstanding any other requirements in this part, the 

modifications of reporting requirements in paragraph (c) of this section 

apply to any major source at a Performance Track member facility which 

is subject to requirements under any of the subparts of this part and 

which has:

    (1) Reduced its total HAP emissions to less than 25 tons per year;

    (2) Reduced its emissions of each individual HAP to less than 10 

tons per year; and

    (3) Reduced emissions of all HAPs covered by each MACT standard to 

at least the level required for full compliance with the applicable 

emission standard.



[[Page 69]]



    (c) For affected sources at any area source at a Performance Track 

member facility and which meet the requirements of paragraph (b)(3) of 

this section, or for affected sources at any major source that meet the 

requirements of paragraph (b) of this section:

    (1) If the emission standard to which the affected source is subject 

is based on add-on control technology, and the affected source complies 

by using add-on control technology, then all required reporting elements 

in the periodic report may be met through an annual certification that 

the affected source is meeting the emission standard by continuing to 

use that control technology. The affected source must continue to meet 

all relevant monitoring and recordkeeping requirements. The compliance 

certification must meet the requirements delineated in Clean Air Act 

section 114(a)(3).

    (2) If the emission standard to which the affected source is subject 

is based on add-on control technology, and the affected source complies 

by using pollution prevention, then all required reporting elements in 

the periodic report may be met through an annual certification that the 

affected source is continuing to use pollution prevention to reduce HAP 

emissions to levels at or below those required by the applicable 

emission standard. The affected source must maintain records of all 

calculations that demonstrate the level of HAP emissions required by the 

emission standard as well as the level of HAP emissions achieved by the 

affected source. The affected source must continue to meet all relevant 

monitoring and recordkeeping requirements. The compliance certification 

must meet the requirements delineated in Clean Air Act section 

114(a)(3).

    (3) If the emission standard to which the affected source is subject 

is based on pollution prevention, and the affected source complies by 

using pollution prevention and reduces emissions by an additional 50 

percent or greater than required by the applicable emission standard, 

then all required reporting elements in the periodic report may be met 

through an annual certification that the affected source is continuing 

to use pollution prevention to reduce HAP emissions by an additional 50 

percent or greater than required by the applicable emission standard. 

The affected source must maintain records of all calculations that 

demonstrate the level of HAP emissions required by the emission standard 

as well as the level of HAP emissions achieved by the affected source. 

The affected source must continue to meet all relevant monitoring and 

recordkeeping requirements. The compliance certification must meet the 

requirements delineated in Clean Air Act section 114(a)(3).

    (4) Notwithstanding the provisions of paragraphs (c)(1) through (3), 

of this section, for sources subject to permits under 40 CFR part 70 or 

71, the results of any required monitoring and recordkeeping must be 

reported not less frequently than once in every six months.



[69 FR 21753, Apr. 22, 2004]