§ 63.2850 - How do I comply with the hazardous air pollutant emission standards?

§ 63.2850 How do I comply with the hazardous air pollutant emission standards?

(a) General requirements. The requirements in paragraphs (a)(1)(i) through (iv) of this section apply to all affected sources:

(1) Submit the necessary notifications in accordance with § 63.2860, which include:

(i) Initial notifications for existing sources.

(ii) Initial notifications for new and reconstructed sources.

(iii) Initial notifications for significant modifications to existing or new sources.

(iv) Notification of compliance status.

(2) Develop and implement a plan for demonstrating compliance in accordance with § 63.2851.

(3) Develop a written startup, shutdown and malfunction (SSM) plan in accordance with the provisions in § 63.2852. On and after September 15, 2020, an SSM plan is not required.

(4) Maintain all the necessary records you have used to demonstrate compliance with this subpart in accordance with § 63.2862.

(5) Submit the reports in paragraphs (a)(5)(i) through (iiiiv) of this section, as applicable:

(i) Annual compliance certifications in accordance with § 63.2861(a).

(ii) Periodic SSM reports in accordance with § 63.2861(c).

(iii) Immediate SSM reports in accordance with § 63.2861(d).

(iv) Initial startup period reports in accordance with § 63.2861(e).

(6) Submit all notifications and reports and maintain all records required by the General Provisions for performance testing if you add a control device that destroys solvent.

(b) Existing sources under normal operation. You must meet all of the requirements listed in paragraph (a) of this section and table Table 1 of this section for sources under normal operation, and the schedules for demonstrating compliance for existing sources under normal operation in table Table 2 of this section.

(c) New sources. Your new source, including a source that is categorized as new due to reconstruction, must meet the requirements associated with one of two compliance options. Within 15 days of the startup date, you must choose to comply with one of the options listed in paragraph (c)(1) or (2) of this section:

(1) Normal operation. Upon initial startup of your new source, you must meet all of the requirements listed in § 63.2850(a) and table Table 1 of this section for sources under normal operation, and the schedules for demonstrating compliance for new sources under normal operation in table Table 2 of this section.

(2) Initial startup period. For up to 6 calendar months after the startup date of your new source, you must meet all of the requirements listed in paragraph (a) of this section and table Table 1 of this section for sources operating under an initial startup period, and the schedules for demonstrating compliance for new sources operating under an initial startup period in Table 2 of this section. After a maximum of 6 calendar monthsOn and after September 15, 2020, you must also comply with the work practice standard in § 63.2840(h) for the duration of the initial startup period. At the end of the initial startup period (as defined in § 63.2872), your new source must then meet all of the requirements listed in table Table 1 of this section for sources under normal operation.

(d) Existing or new sources that have been significantly modified. Your existing or new source that has been significantly modified must meet the requirements associated with one of two compliance options. Within 15 days of the modified source startup date, you must choose to comply with one of the options listed in paragraph (d)(1) or (2) of this section:

(1) Normal operation. Upon initial startup of your significantly modified existing or new source, you must meet all of the requirements listed in paragraph (a) of this section and table Table 1 of this section for sources under normal operation, and the schedules for demonstrating compliance for an existing or new source that has been significantly modified in table Table 2 of this section.

(2) Initial startup period. For up to 3 calendar months after the startup date of your significantly modified existing or new source, you must meet all of the requirements listed in paragraph (a) of this section and table Table 1 of this section for sources operating under an initial startup period, and the schedules for demonstrating compliance for a significantly modified existing or new source operating under an initial startup period in table Table 2 of this section. After a maximum of 3 calendar monthsOn and after September 15, 2020, you must also comply with the work practice standard in § 63.2840(h) for the duration of the initial startup period. At the end of the initial startup period (as defined in § 63.2872), your new or existing source must meet all of the requirements listed in Table 1 of this section for sources under normal operation.

(e) Existing or new sources experiencing a malfunction. A malfunction is defined in § 63.2. In general, it means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process equipment to function in a normal or usual manner. If your existing or new source experiences an unscheduled shutdown as a result of a malfunction, continues to operate during a malfunction (including the period reasonably necessary to correct the malfunction), or starts up after a shutdown resulting from a malfunction, then you must meet the requirements associated with one of two compliance options. Routine or scheduled process startups and shutdowns resulting from, but not limited to, market demands, maintenance activities, and switching types of oilseed processed, are not startups or shutdowns resulting from a malfunction and, therefore, do not qualify for this provision. Within 15 days of the beginning date of the malfunction, you must choose to comply with one of the options listed in paragraphs (e)(1) through and (2) of this section:

(

. The provisions of this paragraph (e) do not apply on and after September 15, 2020.

(1) Normal operation. Your source must meet all of the requirements listed in paragraph (a) of this section and one of the options listed in paragraphs (e)(1)(i) through (iii) of this section:

(i) Existing source normal operation requirements in paragraph (b) of this section.

(ii) New source normal operation requirements in paragraph (c)(1) of this section.

(iii) Normal operation requirements for sources that have been significantly modified in paragraph (d)(1) of this section.

(2) Malfunction period. Throughout the malfunction period, you must meet all of the requirements listed in paragraph (a) of this section and Table 1 of this section for sources operating during a malfunction period. At the end of the malfunction period, your source must then meet all of the requirements listed in table Table 1 of this section for sources under normal operation. Table 1 of this section follows:

Table 1 of § 63.2850 - Requirements for Compliance with With HAP Emission Standards

Are you required to . . .	For periods of normal operation?a	For initial startup periods subject to § 63.2850(c)(2) or (d)(2)?	For Before September 15, 2020, for malfunction periods subject to § 63.2850(e)(2)?a
(a)(1) Operate and maintain your source in accordance with general duty provisions of § 63.6(e) before September 15, 2020?	Yes. Additionally, the HAP emission limits will apply.	Yes, you are required to minimize emissions to the extent practible practicable throughout the initial startup period. Such measures should be described in the SSM plan.	Yes, you are required to minimizwe minimize emissions to the extent practible practicable throughout the initial startup period. Such measures should be described in the SSM plan.
(a)(2) Operate and maintain your source in accordance with general duty provisions of § 63.6(e) on and after September 15, 2020?	No, you must meet the requirements of § 63.2840(g). Additionally, the HAP emission limits will apply	No, you must meet the requirements of § 63.2840(g)
(b) Determine and record the extraction solvent loss in gallons from your source?	Yes, as described in § 63.2853	Yes, as described in § 63.2862(e) (before September 15, 2020) and § 63.2862(f) (on and after September 15, 2020)	Yes, as described in § 63.2862(e).
(c) Record the volume fraction of HAP present at greater than 1 percent by volume and gallons of extraction solvent in shipment received?	Yes	Yes	Yes.
(d) Determine and record the tons of each oilseed type processed by your source?	Yes, as described in § 63.2855	No	No.
(e) Determine the weighted average volume fraction of HAP in extraction solvent received as described in § 63.2854 by the end of the following calendar month?	Yes	No. Except for solvent received by a new or reconstructed source commencing operation under an initial startup period, the HAP volume fraction in any solvent received during an initial startup period is included in the weighted average HAP determination for the next operating month	No, the HAP volume fraction in any solvent received during a malfunction period is included in the weighted average HAP determination for the next operating month.
(f) Determine and record the actual solvent loss, weighted average volume fraction HAP, oilseed processed and compliance ratio for each 12 operating month period as described in § 63.2840 by the end of the following calendar month?	Yes,	No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period	No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for a malfunction period.
(g) Submit a Notification of Compliance Status or Annual Compliance Certification as appropriate?	Yes, as described in §§ 63.2860(d) and 63.2861(a)	No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the initial startup period	No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the malfunction period.
(h)(1) Submit a Deviation Notification Report by the end of the calendar month following the month in which you determined that the compliance ratio exceeds 1.00 as described in § 63.2861(b) before September 15, 2020?	Yes	No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period	No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for a malfunction period.
(h)(2) Submit a Deviation Notification Report as described in § 63.2861(b) on and after September 15, 2020?	Yes	Yes	No.
(i) Submit a Periodic SSM Report as described in § 63.2861(c)?	No, a SSM activity is not categorized as normal operation	Yes, before September 15, 2020	Yes.
(j) Submit an Immediate SSM Report as described in § 63.2861(d)?	No, a SSM activity is not categorized as normal operation	Yes, only before September 15, 2020 and if your source does not follow the SSM plan	Yes, only if your source does not follow the SSM plan.
(k) Submit an Initial Startup Report as described in § 63.2861(e) on and after September 15, 2020?	No	Yes	No.

^a Beginning on September 15, 2020, you must meet the requirements of this table for normal operating periods or for initial startup periods subject to § 63.2850(c)(2) or (d)(2) at all times. The column “For malfunction periods subject to § 63.2850(e)(2)?” is not applicable beginning on September 15, 2020.

Table 2 of § 63.2850 - Schedules for Demonstrating Compliance Under Various Source Operating Modes

If your source is . . .	and is operating under. . .	then your recordkeeping schedule. . .	You must determine your first compliance ratio by the end of the calendar month following. . .	Base your first compliance ratio on information recorded. . .
(a) Existing	Normal operation	Begins on the compliance date	The first 12 operating months after the compliance date	During the first 12 operating months after the compliance date.
(b) New	(1) Normal operation	Begins on the startup date of your new source	The first 12 operating months after the startup date of the new source	During the first 12 operating months after the startup date of the new source.
	(2) An initial startup period	Begins on the startup date of your new source	The first 12 operating months after termination of the initial startup period, which can last for up to 6 months	During the first 12 operating months after the initial startup period, which can last for up to 6 months.
(c) Existing or new that has been significantly modified	(1) Normal operation	Resumes on the startup date of the modified source	The first operating month after the startup date of the modified source	During the previous 11 operating months prior to the significant modification and the first operating month following the initial startup date of the source.
	(2) An initial startup period	Resumes on the startup date of the modified source	The first operating month after termination of the initial startup period, which can last up to 3 months	During the 11 operating months before the significant modification and the first operating month after the initial startup period.

[66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20463, Apr. 20, 2006; 85 FR 15627, Mar. 18, 2020]