[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.63]

[Page 53-56]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                         Subpart D_Process Vents
 
Sec.  65.63  Performance and group status change requirements.

    (a) Group 1 performance requirements. Except for the additional 
requirement for halogenated vent streams as provided in paragraph (b) of 
this section, the owner or operator of a Group 1 process vent shall 
comply with the requirements of either paragraph (a)(1), (2), or (3) of 
this section.
    (1) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec.  65.142(b).
    (2) 98 percent or 20 parts per million standard. Reduce emissions of 
regulated material or TOC by at least 98 weight-percent or to a 
concentration of less than 20 parts per million by volume, whichever is 
less stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, and corrected to 3 
percent oxygen. The owner or operator shall meet the requirements in 
Sec.  65.142(b) and paragraphs (a)(2)(i) and/or (a)(2)(ii) of this 
section.
    (i) Compliance with paragraph (a)(2) of this section may be achieved 
by using any combination of recovery and/or control device to meet the 
20 parts per million by volume concentration standard; or by using any 
combination

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of recovery and/or control device to meet the 98 weight percent 
reduction standard, if the recovery device meets the conditions of 
paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device alone or in 
combination with one or more control devices to reduce emissions of 
total regulated material by 98 weight-percent if all of the following 
conditions are met:
    (A) For process vents referenced to this part by 40 CFR part 63, 
subpart G, the recovery device (and any control device that operates in 
combination with the recovery device to reduce emissions of total 
regulated material by 98 weight-percent) was installed before December 
31, 1992.
    (B) The recovery device that will be used to reduce emissions of 
total regulated material by 98 weight-percent is the last recovery 
device before emission to the atmosphere.
    (C) The recovery device alone or in combination with one or more 
control devices is capable of reducing emissions of total regulated 
material by 98 weight-percent but is not capable of reliably reducing 
emissions of total regulated material to a concentration of 20 parts per 
million by volume.
    (D) If the owner or operator disposed of the recovered material, the 
recovery device would be considered a control device and comply with the 
requirements of this subpart and Sec.  65.142(b) for control devices.
    (3) TRE index value. Achieve and maintain a TRE index value greater 
than 1.0 at the outlet of the final recovery device, or prior to release 
from the process vent to the atmosphere if no recovery device is 
present. If the TRE index value is greater than 1.0, the process vent 
shall meet the provisions for a Group 2A or 2B process vent specified in 
either paragraph (c), (d), (e), or (f) of this section, whichever is 
applicable.
    (b) Halogenated Group 1 performance requirement. Halogenated Group 1 
process vents that are combusted shall be controlled according to 
paragraph (b)(1) or (2) of this section. The owner or operator shall 
either designate the Group 1 process vent as a halogenated Group 1 
process vent or shall determine whether the process vent is halogenated 
using the procedures specified in Sec.  65.64(g). If determined, the 
halogen concentration in the vent stream shall be recorded and reported 
in the Initial Compliance Status Report as specified in Sec.  65.160(d). 
If the owner or operator designates the process vent as a halogenated 
Group 1 process vent, then this shall also be recorded and reported in 
the Initial Compliance Status Report.
    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(2) of this section for a 
halogenated process vent, then the process vent exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere, and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (ii) of this section, as applicable. The halogenated 
process vent shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass of 
total hydrogen halides and halogens to less than 0.45 kilogram per hour 
(0.99 pound per hour), whichever is less stringent. The owner or 
operator shall meet the requirements in Sec.  65.142(b).
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the device shall reduce overall emissions of 
hydrogen halides and halogens by 95 percent or shall reduce the outlet 
mass of total hydrogen halides and halogens to less than 0.45 kilogram 
per hour (0.99 pound per hour), whichever is less stringent. The owner 
or operator shall meet the requirements in Sec.  65.142(b).
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other technique may be used to 
reduce the process vent halogen atom mass emission rate to less than 
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion 
control device and thus make the process vent nonhalogenated; the 
process vent must comply with the requirements of paragraph (a)(1) or 
(2) of this section. The mass emission rate of halogen atoms contained 
in organic

[[Page 55]]

compounds prior to the combustor shall be determined according to the 
procedures in Sec.  65.64(g). The owner or operator shall maintain the 
record specified in Sec.  65.160(d) and submit the report specified in 
Sec.  65.165(d).
    (c) Performance requirements for Group 2A process vents with 
recovery devices. For Group 2A process vents, where the owner or 
operator is using a recovery device to maintain a TRE index value 
greater than 1.0, the owner or operator shall maintain a TRE index value 
greater than 1.0 and comply with the requirements for recovery devices 
in Sec.  65.142(b).
    (d) Performance requirements for Group 2A process vents without 
recovery devices. For Group 2A process vents where the owner or operator 
is not using a recovery device to maintain a TRE index value greater 
than 1.0, determine the appropriate parameters to be monitored and 
submit the information as specified in paragraphs (d)(1), (2), and (3) 
of this section. Such information shall be submitted for approval to the 
Administrator as part of a title V permit application or by separate 
notice. The owner or operator shall monitor as specified in Sec.  
65.65(a), maintain the record specified in Sec.  65.66(e), and submit 
reports as specified in Sec.  65.67(c).
    (1) Parameter monitoring. A description of the parameter(s) to be 
monitored to ensure the owner or operator of a process vent achieves and 
maintains the TRE above 1.0. and an explanation of the criteria used to 
select the parameter(s).
    (2) Demonstration methods and procedures. A description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation of the process, the schedule for 
this demonstration, and a statement that the owner or operator will 
establish a range for the monitored parameter as part of the Initial 
Compliance Status Report required in Sec.  65.5(d), unless this 
information has already been included in the operating permit 
application.
    (3) Monitoring, recordkeeping, and reporting frequency. The 
frequency and content of monitoring, recording, and reporting if 
monitoring and recordkeeping are not continuous, or if reports of daily 
average values when the monitored parameter value is outside the range 
established in the operating permit or Initial Compliance Status Report 
will not be included in periodic reports required under Sec.  65.5(e). 
The rationale for the proposed monitoring, recording, and reporting 
system shall be included.
    (e) Group 2B performance requirements. For Group 2B process vents, 
the owner or operator shall maintain a TRE index greater than 4.0, a 
flow rate less than 0.011 scmm, or a concentration less than the 
applicable criteria in table 1 to this subpart.
    (f) Group 2A or 2B process change requirements. Whenever process 
changes are made that could reasonably be expected to change a Group 2A 
or 2B process vent to a Group 1 vent, the owner or operator shall 
recalculate the TRE index value, flow, or TOC or organic hazardous air 
pollutant (HAP) concentration according to paragraph (f)(1), (2), or (3) 
of this section as specified for each process vent as necessary to 
determine whether the process vent is Group 1, Group 2A, or Group 2B and 
shall maintain the applicable records specified in Sec.  65.66(d) and 
submit the applicable reports specified in Sec.  65.67(b). The owner or 
operator shall perform the group status determination as soon as 
practical after the process change and within 180 days after the process 
change. Examples of process changes include, but are not limited to, 
changes in production capacity, production rate, feedstock type, or 
catalyst type, or whenever there is replacement, removal, or addition of 
recovery equipment. For purposes of paragraph (f) of this section, 
process changes do not include process upsets; unintentional, temporary 
process changes; and changes that are within the range on which the 
original TRE index value calculation was based.
    (1) Flow rate. The flow rate shall be determined as specified in the 
sampling site and flow rate determination procedures in Sec.  65.64(b) 
and (d) or by using best engineering assessment of the effects of the 
change. Engineering assessments shall meet the specifications in Sec.  
65.64(i).
    (2) Concentration. The TOC or organic HAP concentration shall be 
determined as specified in Sec.  65.64(b) and (c) or by

[[Page 56]]

using best engineering assessment of the effects of the change. 
Engineering assessments shall meet the specifications in Sec.  65.64(i).
    (3) TRE index value. The TRE index value shall be recalculated based 
on measurements of process vent flow rate, TOC, and/or organic HAP 
concentrations, and heating values as specified in Sec.  65.64(b), (c), 
(d), (e), (f), (g), and (h) as applicable, or based on best engineering 
assessment of the effects of the change. Engineering assessments shall 
meet the specifications in Sec.  65.64(i).
    (4) Group status change to Group 1. Where the process change causes 
the group status to change to Group 1, the owner or operator shall 
comply with the Group 1 process vent provisions in paragraph (a) of this 
section and, if they apply, the halogenated Group 1 process vent 
provisions in paragraph (b) of this section upon initial startup after 
the change and thereafter unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the process change. If this demonstration is made to the Administrator's 
satisfaction, the owner or operator shall comply as expeditiously as 
practical, but in no event later than 3 years after the emission point 
becomes Group 1, and shall comply with the following procedures to 
establish a compliance date:
    (i) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (ii) The compliance schedule shall be submitted with the operating 
permit application or amendment or by other appropriate means.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (5) Group status change to Group 2A. Whenever a process change 
causes the process vent group status to change to Group 2A, the owner or 
operator shall comply with the provisions of paragraph (c) or (d) of 
this section upon completion of the group status determination of the 
process vent.
    (6) Group status change to Group 2B. Whenever a process change 
causes the process vent group status to change to Group 2B, the owner or 
operator shall comply with the provisions of paragraph (e) of this 
section as soon as practical after the process change.