[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: 40CFR63.74]
[Page 95-98]
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 D_Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants
Sec. 63.74 Demonstration of early reduction.
(a) An owner or operator applying for an alternative emission
limitation shall demonstrate achieving early reductions as required by
Sec. 63.72(a)(1) by following the procedures in this section.
(b) An owner or operator shall establish the source for the purposes
of this subpart by documenting the following information:
(1) A description of the source including: a site plan of the entire
contiguous plant site under common control which contains the source,
markings on the site plan locating the parts of the site that constitute
the source, and the activity at the source which causes hazardous air
pollutant emissions;
(2) A complete list of all emission points of hazardous air
pollutants in the source, including identification numbers and short
descriptive titles; and
(3) A statement showing that the source conforms to one of the
allowable definition options from Sec. 63.73. For a source conforming
to the option in Sec. 63.73(a)(4), the total base year emissions from
the source, as determined pursuant to this section, shall be
demonstrated to be at least:
(i) 5 tons per year, for cases in which total hazardous air
pollutant emissions from the entire contiguous plant site under common
control are 25 tons per year or less as calculated under paragraph (1)
of this section; or
(ii) 10 tons per year in all other cases.
(c) An owner or operator shall establish base year emissions for the
source by providing the following information:
(1) The base year chosen, where the base year shall be 1987 or later
except that the base year may be 1985 or 1986 if the owner or operator
of the source can demonstrate that emission data for the source for 1985
or 1986 was submitted to the Administrator pursuant to an information
request issued under section 114 of the Act and was received by the
Administrator prior to November 15, 1990;
(2) The best available data accounting for actual emissions, during
the base year, of all hazardous air pollutants from each emission point
listed in the source in paragraph (b)(2) of this section;
(3) The supporting basis for each emission number provided in
paragraph (c)(2) of this section including:
(i) For test results submitted as the supporting basis, a
description of the test protocol followed, any problems encountered
during the testing, and a discussion of the validity of the method for
measuring the subject emissions; and
(ii) For calculations based on emission factors, material balance,
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and
their bases, and a brief rationale for the validity of the calculation
method used; and
(4) Evidence that the emissions provided under paragraph (c)(2) of
this section are not artificially or substantially greater than
emissions in other years prior to implementation of emission reduction
measures.
(d) An owner or operator shall establish post-reduction emissions by
providing the following information:
(1) For the emission points listed in the source in paragraph (b)(2)
of this section, a description of all control measures employed to
achieve the emission reduction required by Sec. 63.72(a)(1);
(2) The best available data accounting for actual emissions, during
the year following the applicable emission
[[Page 96]]
reduction deadline as specified in Sec. 63.72(a)(2), of all hazardous
air pollutants from each emission point in the source listed pursuant to
paragraph (b)(2) of this section.
(3) The supporting basis for each emission number provided in
paragraph (d)(2) of this section including:
(i) For test results submitted as the supporting basis, a
description of the test protocol followed, any problems encountered
during the testing, and a discussion of the validity of the method for
measuring the subject emissions; and
(ii) For calculations based on emission factors, material balance,
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and
their bases, and a brief rationale for the validity of the calculation
method used;
(4) [Reserved]
(5) Evidence that there was no increase in radionuclide emissions
from the source.
(e)(1) An owner or operator shall demonstrate that both total base
year emissions and total base year emissions adjusted for high-risk
pollutants, as applicable, have been reduced by at least 90 percent for
gaseous hazardous air pollutants emitted and 95 percent for particulate
hazardous air pollutants emitted by determining the following for
gaseous and particulate emissions separately:
(i) Total base year emissions, calculated by summing all base year
emission data from paragraph (c)(2) of this section;
(ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;
(iii) (If applicable) Total base year emissions adjusted for high-
risk pollutants, calculated by multiplying each emission number for a
pollutant from paragraph (c)(2) of this section by the appropriate
weighting factor for the pollutant from Table 1 in paragraph (f) of this
section and then summing all weighted emission data;
(iv) (If applicable) Total post-reduction emissions adjusted for
high-risk pollutants, calculated by multiplying each emission number for
a pollutant from paragraph (d)(2) of this section by the appropriate
weighting factor for the pollutant from Table 1 and then summing all
weighted emission data; and
(v) Percent reductions, calculated by dividing the difference
between base year and post-reduction emissions by the base year
emissions. Separate demonstrations are required for total gaseous and
particulate emissions, and total gaseous and particulate emissions
adjusted for high-risk pollutants.
(2) If any points in the source emit both particulate and gaseous
pollutants, as an alternative to the demonstration required in paragraph
(e)(1) of this section, an owner or operator may demonstrate:
(i) A weighted average percent reduction for all points emitting
both particulate and gaseous pollutants where the weighted average
percent reduction is determined by
[GRAPHIC] [TIFF OMITTED] TC21OC91.019
where %W=the required weighted percent reduction
[Sigma] Mg=the total mass rate (e.g., kg/yr) of all gaseous
emissions
[Sigma] Mp=the total mass rate of all particulate emissions
and,
(ii) The reductions required in paragraph (e)(1) of this section for
all other points in the source.
(f) If lower rates or hours are used to achieve all or part of the
emission reduction, any hazardous air pollutant emissions that occur
from a compensating increase in rates or hours from the same activity
elsewhere within the plant site which contains the source shall be
counted in the post-reduction emissions from the source. If emission
reductions are achieved by shutting down process equipment and the
shutdown equipment is restarted or replaced anywhere within the plant
site, any hazardous air pollutant emissions from the restarted or
replacement equipment shall be counted in the post-reduction emissions
for the source.
[[Page 97]]
Table 1--List of High-Risk Pollutants
------------------------------------------------------------------------
Weighting
CAS No. Chemical factor
------------------------------------------------------------------------
53963....................... 2-Acetylaminofluorene......... 100
107028...................... Acrolein...................... 100
79061....................... Acrylamide.................... 10
107131...................... Acrylonitrile................. 10
0........................... Arsenic compounds............. 100
1332214..................... Asbestos...................... 100
71432....................... Benzene....................... 10
92875....................... Benzidine..................... 1000
0........................... Beryllium compounds........... 10
542881...................... Bis(chloromethyl) ether....... 1000
106990...................... 1,3-Butadiene................. 10
0........................... Cadmium compounds............. 10
57749....................... Chlordane..................... 100
532274...................... 2-Chloroacetophenone.......... 100
0........................... Chromium compounds............ 100
107302...................... Chloromethyl methyl ether..... 10
0........................... Coke oven emissions........... 10
334883...................... Diazomethane.................. 10
132649...................... Dibenzofuran.................. 10
96128....................... 1,2-Dibromo-3-chloropropane... 10
111444...................... Dichloroethyl ether (Bis(2- 10
chloroethyl) ether).
79447....................... Dimethylcarbamoyl chloride.... 100
122667...................... 1,2-Diphenylhydrazine......... 10
106934...................... Ethylene dibromide............ 10
151564...................... Ethylenimine (Aziridine)...... 100
75218....................... Ethylene oxide................ 10
76448....................... Heptachlor.................... 100
118741...................... Hexachlorobenezene............ 100
77474....................... Hexachlorocyclopentadiene..... 10
302012...................... Hydrazine..................... 100
0........................... Manganese compounds........... 10
0........................... Mercury compounds............. 100
60344....................... Methyl hydrazine.............. 10
624839...................... Methyl isocyanate............. 10
0........................... Nickel compounds.............. 10
62759....................... N-Nitrosodimethylamine........ 100
684935...................... N-Nitroso-N-methylurea........ 1000
56382....................... Parathion..................... 10
75445....................... Phosgene...................... 10
7803512..................... Phosphine..................... 10
7723140..................... Phosphorus.................... 10
75558....................... 1,2-Propylenimine............. 100
1746016..................... 2,3,7,8-Tetrachlorodibenzo-p- 100,000
dioxin.
8001352..................... Toxaphene (chlorinated 100
camphene).
75014....................... Vinyl chloride................ 10
------------------------------------------------------------------------
(g) The best available data representing actual emissions for the
purpose of establishing base year or post-reduction emissions under this
section shall consist of documented results from source tests using an
EPA Reference Method, EPA Conditional Method, or the owner's or
operator's source test method which has been validated pursuant to
Method 301 of appendix A of this part. However, if one of the following
conditions exists, an owner or operator may submit, in lieu of results
from source tests, calculations based on engineering principles,
emission factors, or material balance data as actual emission data for
establishing base year or post-reduction emissions:
(1) No applicable EPA Reference Method, EPA Conditional Method, or
other source test method exists;
(2) It is not technologically or economically feasible to perform
source tests;
(3) It can be demonstrated to the satisfaction of the reviewing
agency that the calculations will provide emission estimates of accuracy
comparable to that of any applicable source test method;
(4) For base year emission estimates only, the base year conditions
no longer exist at an emission point in the source and emission data
could not be produced for such an emission point, by performing source
tests under currently existing conditions and converting the test
results to reflect base year conditions, that is more accurate than an
estimate produced by using engineering principles, emission factors, or
a material balance; or
(5) The emissions from one or a set of emission points in the source
are small compared to total source emissions and potential errors in
establishing emissions from such points will not have a significant
effect on the accuracy of total emissions established for the source.
(h) For base year or post-reduction emissions established under this
section that are not supported by source test data, the source owner or
operator shall include the reason source testing was not performed.
(i) [Reserved]
(j) The EPA average emission factors for equipment leaks cannot be
used under this subpart to establish base year emissions for equipment
leak sources, unless the base year emission number calculated using the
EPA average emission factors for equipment leaks also is used as the
post-reduction emission number for equipment leaks from the source.
(k) A source owner or operator shall not establish base year or
post-reduction emissions that include any emissions from the source
exceeding allowable emission levels specified in any applicable law,
regulation, or permit condition.
(l) For sources subject to paragraph (b)(3)(i) of this section, an
owner or operator shall document total base year
[[Page 98]]
emissions from an entire contiguous plant site under common control by
providing the information required pursuant to paragraphs (b)(2),
(c)(2), and (e)(1)(i) of this section for all hazardous air pollutants
from all emission points in the contiguous plant site under common
control.
(m) If a new pollutant is added to the list of hazardous air
pollutants or high-risk pollutants, any source emitting such pollutant
will not be required to revise an early reduction demonstration pursuant
to this section if:
(1) Alternative emission limits have previously been specified by
permit for the source as provided for in Sec. 63.72(a); or
(2) The base year emissions submitted in an enforceable commitment
have previously been approved by the reviewing agency.
[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993;
59 FR 53110, Oct. 21, 1994]