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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 40 - Protection of Environment |
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Chapter I - Environmental Protection Agency |
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SubChapter C - Air Programs |
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Part 63 - National Emission Standards for Hazardous Air Pollutants for Source Categories |
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Subpart WWWWWW - National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations |
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Standards and Compliance Requirements |
§ 63.11509 - What are my notification, reporting, and recordkeeping requirements?
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§ 63.11509 What are my notification, reporting, and recordkeeping requirements?
(a) If you own or operate an affected source, as defined in § 63.11505(a), “What parts of my plant does this subpart cover?”, you must submit an Initial Notification in accordance with paragraphs (a)(1) through (4) of this section by the dates specified.
(1) The Initial Notification must include the information specified in § 63.9(b)(2)(i) through (iv) of the General Provisions of this part.
(2) The Initial Notification must include a description of the compliance method (e.g., use of wetting agent/fume suppressant) for each affected source.
(3) If you start up your affected source on or before July 1, 2008, you must submit an Initial Notification not later than 120 calendar days after July 1, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later.
(4) If you startup your new affected source after July 1, 2008, you must submit an Initial Notification when you become subject to this subpart.
(b) If you own or operate an affected source, you must submit a Notification of Compliance Status in accordance with paragraphs (b)(1) through (3) of this section.
(1) The Notification of Compliance Status must be submitted before the close of business on the compliance date specified in § 63.11506, “What are my compliance dates?”
(2) The Notification of Compliance Status must include the items specified in paragraphs (b)(2)(i) through (iv) of this section.
(i) List of affected sources and the plating and polishing metal HAP used in, or emitted by, those sources.
(ii) Methods used to comply with the applicable management practices and equipment standards.
(iii) Description of the capture and emission control systems used to comply with the applicable equipment standards.
(iv) Statement by the owner or operator of the affected source as to whether the source is in compliance with the applicable standards or other requirements.
(3) If a facility makes a change to any items in (b)(2)(i), iii, and (iv) of this section that does not result in a deviation, an amended Notification of Compliance Status should be submitted within 30 days of the change.
(c) If you own or operate an affected source, you must prepare an annual certification of compliance report according to paragraphs (c)(1) through (7) of this section. These reports do not need to be submitted unless a deviation from the requirements of this subpart has occurred during the reporting year, in which case, the annual compliance report must be submitted along with the deviation report.
(1) If you own or operate an affected electroplating, electroforming, or electropolishing tank that is subject to the requirements in § 63.11507(a)(1), “What are my standards and management practices?”, you must state in your annual compliance certification that you have added wetting agent/fume suppressant to the bath according to the manufacturer's specifications and instructions.
(2) If you own or operate any one of the affected sources listed in paragraphs (c)(2)(i) through (iii) of this section, you must state in your annual certification that you have operated and maintained the control system according to the manufacturer's specifications and instructions.
(i) Electroplating, electroforming, or electropolishing tank that is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a control system to comply with this subpart;
(ii) Dry mechanical polishing operation that is subject to § 63.11507(e); or
(iii) Permanent thermal spraying operation that is subject to § 63.11507(f)(1) or (2).
(3) If you own or operate an affected flash or short-term electroplating tank that is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by limiting the plating time of the affected tank, you must state in your annual compliance certification that you have limited short-term or flash electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.
(4) If you own or operate an affected batch electrolytic process tank that is subject to the requirements of § 63.11507(a) or a flash or short-term electroplating tank that is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must state in your annual certification that you have operated the tank with the cover in place at least 95 percent of the electrolytic process time.
(5) If you own or operate an affected continuous electrolytic process tank that is subject to the requirements of § 63.11507(a), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must state in your annual certification that you have covered at least 75 percent of the surface area of the tank during all periods of electrolytic process operation.
(6) If you own or operate an affected tank or other affected plating and polishing operation that is subject to the management practices specified in § 63.11507(g), “What are my standards and management practices?” you must state in your annual compliance certification that you have implemented the applicable management practices, as practicable.
(7) Each annual compliance report must be prepared no later than January 31 of the year immediately following the reporting period and kept in a readily-accessible location for inspector review. If a deviation has occurred during the year, each annual compliance report must be submitted along with the deviation report, and postmarked or delivered no later than January 31 of the year immediately following the reporting period.
(d) If you own or operate an affected source, and any deviations from the compliance requirements specified in this subpart occurred during the year, you must report the deviations, along with the corrective action taken, and submit this report to the delegated authority.
(e) You must keep the records specified in paragraphs (e)(1) through (3) of this section.
(1) A copy of any Initial Notification and Notification of Compliance Status that you submitted and all documentation supporting those notifications.
(2) The records specified in § 63.10(b)(2)(i) through (iii) and (xiv) of the General Provisions of this part.
(3) The records required to show continuous compliance with each management practice and equipment standard that applies to you, as specified in § 63.11508(d), “What are my compliance requirements?”
(f) You must keep each record for a minimum of 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. You must keep each record onsite for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1) of the General Provisions to part 63. You may keep the records offsite for the remaining 3 years.
[73 FR 37741, July 1, 2008, as amended at 76 FR 57920, Sept. 19, 2011; 85 FR 73921, Nov. 19, 2020]