Subpart NNNNN -- National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

Contents

What This Subpart Covers
§63.8980   What is the purpose of this subpart?
§63.8985   Am I subject to this subpart?
§63.8990   What parts of my plant does this subpart cover?
§63.8995   When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards
§63.9000   What emission limitations and work practice standards must I meet?

General Compliance Requirements
§63.9005   What are my general requirements for complying with this subpart?

Testing and Initial Compliance Requirements
§63.9010   By what date must I conduct performance tests?
§63.9015   When must I conduct subsequent performance tests?
§63.9020   What performance tests and other procedures must I use?
§63.9025   What are my monitoring installation, operation, and maintenance requirements?
§63.9030   How do I demonstrate initial compliance with the emission limitations and work practice standards?

Continuous Compliance Requirements
§63.9035   How do I monitor and collect data to demonstrate continuous compliance?
§63.9040   How do I demonstrate continuous compliance with the emission limitations and work practice standards?

Notifications, Reports, and Records
§63.9045   What notifications must I submit and when?
§63.9050   What reports must I submit and when?
§63.9055   What records must I keep?
§63.9060   In what form and how long must I keep my records?

Other Requirements and Information
§63.9065   What parts of the General Provisions apply to me?
§63.9070   Who implements and enforces this subpart?
§63.9075   What definitions apply to this subpart?
Table 1 to Subpart NNNNN of Part 63 -- Emission Limits and Work Practice Standards
Table 2 to Subpart NNNNN of Part 63 -- Operating Limits
Table 3 to Subpart NNNNN of Part 63 -- Performance Test Requirements for HCl Production Affected Sources 
Table 4 to Subpart NNNNN of Part 63 -- Initial Compliance With Emission Limitations and Work Practice Standards 
Table 5 to Subpart NNNNN of Part 63 -- Continuous Compliance With Emission Limitations and Work Practice Standards 
Table 6 to Subpart NNNNN of Part 63 -- Requirements for Reports
Table 7 to Subpart NNNNN of Part 63 -- Applicability of General Provisions to Subpart NNNNN

What This Subpart Covers
§63.8980   What is the purpose of this subpart?
    This subpart establishes national emission standards for hazardous air pollutants (NESHAP) and work practice standards for hazardous air pollutants (HAP) emitted from hydrochloric acid (HCl) production. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations and work practice standards.
§63.8985   Am I subject to this subpart?
    (a) You are subject to this subpart if you own or operate an HCl production facility that produces a liquid HCl product at a concentration of 30 weight percent or greater during its normal operations and is located at, or is part of, a major source of HAP. This does not include HCl production facilities that only produce occasionally liquid HCl product at a concentration of 30 weight percent or greater.
    (1) An HCl production facility is the collection of unit operations and equipment associated with the production of liquid HCl product. The HCl production facility begins at the point where a gaseous stream containing HCl enters the HCl production unit. The HCl production facility includes all HCl storage tanks that contain liquid HCl product that is produced in the HCl production unit, with the exceptions noted in paragraph (a)(2) of this section. The HCl production facility also includes all HCl transfer operations that load HCl product produced in the HCl production unit into a tank truck, rail car, ship, or barge, along with the piping and other equipment in HCl service used to transfer liquid HCl product from the HCl production unit to the HCl storage tanks and/or HCl transfer operations. The HCl production facility ends at the point that the liquid HCl product produced in the HCl production unit is loaded into a tank truck, rail car, ship, or barge, at the point the HCl product enters another process on the plant site, or at the point the HCl product leaves the plant site via pipeline.
    (2) Storage tanks that are dedicated feedstock tanks for another process and storage tanks that store HCl dedicated for use in wastewater treatment are not considered part of an HCl production facility.
    (3) A major source of HAP emissions is any stationary source or group of stationary sources within a contiguous area under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.
    (b) An HCl production facility is not subject to this subpart if it is also subject to NESHAP under one of the subparts listed in paragraphs (b)(1) through (5) of this section.
    (1) 40 CFR part 63, subpart S, National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.
    (2) 40 CFR part 63, subpart CCC, National Emission Standards for Hazardous Air Pollutants for Steel Pickling -- HCl Process Facilities and Hydrochloric Acid Regeneration Plants.
    (3) 40 CFR part 63, subpart MMM, National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.
    (4) 40 CFR part 63, section 63.994, subpart SS, National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.
    (5) 40 CFR part 63, subpart GGG, National Emission Standards for Pharmaceuticals Production.
    (c) An HCl production facility is not subject to this subpart if it is located following the incineration of chlorinated waste gas streams, waste liquids, or solid wastes, and the emissions from the HCl production facility are subject to section 63.113(c), subpart G, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.
    (d) An HCl production facility is not subject to this subpart if it produces HCl through the direct synthesis of hydrogen and chlorine and is part of a chlor-alkali facility.
    (e) An HCl production facility is not subject to this subpart if it is a research and development facility.
    (f) An HCl production facility is not subject to this subpart if all of the gaseous streams containing HCl and chlorine (Cl2) from HCl process vents, HCl storage tanks, and HCl transfer operations are recycled or routed to another process for process purpose, prior to being discharged to the atmosphere.
§63.8990   What parts of my plant does this subpart cover?
    (a) This subpart applies to each new, reconstructed, or existing affected source at an HCl production facility.
    (b) The affected source is the group of one or more HCl production facilities at a plant site that are subject to this subpart, and all associated wastewater operations, which contain the collection of emission streams listed in paragraphs (b)(1) through (5) of this section.
    (1) Each emission stream from an HCl process vent.
    (2) Each emission stream from an HCl storage tank.
    (3) Each emission stream from an HCl transfer operation.
    (4) Each emission stream resulting from leaks from equipment in HCl service.
    (5) Each emission stream from HCl wastewater operations. There are no emission limitations or other requirements in this subpart that apply to HCl wastewater operations.
    (c) An affected source is a new affected source if you commenced construction of the affected source after September 18, 2001 and you met the applicability criteria of §63.8985 at the time you commenced construction.
    (d) An affected source is reconstructed if you meet the criteria as defined in §63.2.
    (e) An affected source is existing if it is not new or reconstructed.
§63.8995   When do I have to comply with this subpart?
    (a) If you have a new or reconstructed affected source, you must comply with this subpart according to paragraphs (a)(1) or (2) of this section.
    (1) If you start up your affected source before April 17, 2003, you must comply with the emission limitations and work practice standards in this subpart no later than April 17, 2003.
    (2) If you start up your affected source after April 17, 2003, you must comply with the emission limitations and work practice standards in this subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with the emission limitations and work practice standards no later than 3 years after April 17, 2003.
    (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, the provisions in paragraphs (c)(1) and (2) of this section apply.
    (1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.
    (2) All other parts of the source must be in compliance with this subpart no later than the date 3 years after the area source becomes a major source.
    (d) You must meet the notification requirements in §63.9045 according to the schedule in §63.9045 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission limitations in this subpart.
Emission Limitations and Work Practice Standards
§63.9000   What emission limitations and work practice standards must I meet?
    (a) With the exceptions noted in paragraphs (c) and (d) of this section, you must meet the applicable emission limit and work practice standard in table 1 to this subpart for each emission stream listed under §63.8990(b)(1) through (4) that is part of your affected source.
    (b) With the exceptions noted in paragraph (c) of this section, you must meet the applicable operating limit in Table 2 to this subpart for each emission stream listed under §63.8990(b)(1) through (3) that is part of your affected source.
    (c) The emission streams listed in paragraphs (c)(1) through (4) of this section are exempt from the emission limitations, work practice standards, and all other requirements of this subpart.
    (1) Emission streams from HCl storage tanks that never store liquid HCl product with a concentration of 30 weight percent or greater.
    (2) Emission streams from HCl transfer operations that never load liquid HCl product with a concentration of 30 weight percent or greater.
    (3) Emission streams from HCl wastewater operations.
    (4) Emission streams from HCl process vents, HCl storage tanks, and HCl transfer operations that are also subject to 40 CFR part 63, subpart EEE, National Emission Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, or 40 CFR 266.107, subpart H, Burning of Hazardous Waste in Boilers and Industrial Furnaces.
    (d) The emission limits for HCl storage tanks in table 1 to this subpart do not apply during periods of planned routine maintenance of HCl storage tank control devices. Periods of planned routine maintenance of each HCl storage tank control device, during which the control device does not meet the emission limits specified in table 1 to this subpart, shall not exceed 240 hours per year.
General Compliance Requirements
§63.9005   What are my general requirements for complying with this subpart?
    (a) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must be in compliance with the emission limitations and work practice standards in this subpart at all times, except during periods of startup, shutdown, and malfunction. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each such source you must be in compliance with the emission limitations in this subpart at all times.  For new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, you must be in compliance with the emissions limitations in this subpart at all times.
    (b) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, at all times you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.
    (c) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must develop a written startup, shutdown, and malfunction plan according to the provisions in §63.6(e)(3). For each such source, a startup, shutdown, and malfunction plan is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].  No startup, shutdown, and malfunction plan is required for any new or reconstructed source for which construction or reconstruction commenced after February 4, 2019.
    (d) All monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. For each monitoring system required in this section, you must develop, implement, and submit to the Administrator a site-specific monitoring plan that addresses the installation requirements in paragraphs (d)(1) through (3) of this section, the ongoing procedures in paragraphs (d)(4) through (6) of this section, and the requirements in §63.9025, as applicable. You must submit the plan with your Notification of Compliance Status. Upon request of the Administrator, you must promptly correct any deficiencies in a site-specific monitoring plan and submit the revised plan.
    (1) Installation of the continuous monitoring system (CMS) sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).
    (2) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., calibrations).
    (4) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, ongoing operation and maintenance (O&M) procedures in accordance with the general requirements of §§63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9025. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, ongoing operation and maintenance (O&M) procedures in accordance with the general requirements of §§63.8(c)(1)(ii), (3), (4)(ii), (7), and (8), and 63.9025.
    (5) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, ongoing data quality assurance procedures in accordance with the general requirements of §63.8(d). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, ongoing data quality assurance procedures in accordance with the general requirements of §63.8(d) except for the requirements related to startup, shutdown, and malfunction plans referenced in §63.8(d)(3). The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under §63.8(d)(2).
    (6) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, ongoing recordkeeping and reporting procedures in accordance with the general requirements of §63.10(c) and (e)(1) and (2)(i). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, ongoing recordkeeping and reporting procedures in accordance with the general requirements of §63.10(c)(1) through (c)(14), and (e)(1) and (2)(i).
Testing and Initial Compliance Requirements
§63.9010   By what date must I conduct performance tests?
    (a) If you have a new or reconstructed affected source, you must conduct performance tests within 180 calendar days after the compliance date that is specified for your source in §63.8995(a) and according to the provisions in §63.7(a)(2).
    (b) If you have an existing affected source, you must conduct performance tests within 180 calendar days after the compliance date that is specified for your existing affected source in §63.8995(b) and according to the provisions in §63.7(a)(2).
    (c) If you commenced construction or reconstruction between September 18, 2001 and April 17, 2003, you must demonstrate initial compliance with either the proposed emission limitation or the promulgated emission limitation no later than 180 calendar days after April 17, 2003 or within 180 calendar days after startup of the source, whichever is later, according to §63.7(a)(2)(ix).
§63.9015   When must I conduct subsequent performance tests?
    (a) You must conduct all applicable performance tests according to the procedures in §63.9020 on the earlier of your title V operating permit renewal or within 5 years of issuance of your title V permit. For emission points meeting the outlet concentration limits in table 1 to this subpart without the use of a control device, all applicable performance tests must also be conducted whenever process changes are made that could reasonably be expected to increase the outlet concentration. 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 this paragraph, process changes do not include: process upsets and unintentional, temporary process changes.
    (b) You must report the results of subsequent performance tests within 60 days after the completion of the test. This report should also verify that the operating limits for your affected source have not changed or provide documentation of revised operating limits established as specified in Table 2 to this subpart. The reports for all subsequent performance tests should include all applicable information required in §63.9050.
§63.9020   What performance tests and other procedures must I use?
    (a) You must conduct each performance test in Table 3 to this subpart that applies to you as directed in paragraphs (a)(1) through (4) of this section, except as noted in paragraphs (b) and (c) of this section.
    (1) You must develop a site-specific test plan according to §63.7(c)(2) and conduct each performance test according to the site-specific test plan.
    (2) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must conduct each performance test under representative conditions according to the requirements in §63.7(e)(1) and under the specific conditions that this subpart specifies in Table 3. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, you must conduct each performance test under conditions representative of normal operations. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
    (3) You may not conduct performance tests during periods of startup, shutdown, or malfunction.
    (4) You must conduct at least three separate test runs for each performance test required in this section, as specified in §63.7(e)(3). Each test run must last at least 1 hour.
    (b) If you are complying with a percent reduction emission limitation, you must determine the percent reduction in accordance with paragraphs (b)(1) and (2) of this section.
    (1) Calculate the mass rate of either HCl or chlorine using Equations 1 and 2 of this section:

where:
Ci, Co = Concentration of HCl or Cl2 in the gas stream at the inlet and outlet of the control device(s), respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of HCl or Cl2 at the inlet and outlet of the control device(s), respectively, dry basis, kilogram per hour.
Mi, Mo = Molecular weight of HCl or Cl2 at the inlet and outlet of the control device(s), respectively, gram/gram-mole.
Qi, Qo = Flow rate of gas stream at the inlet and outlet of the control device(s), respectively, dry standard cubic meter per minute.
K2 = Constant, 2.494 x 10[−6] (parts per million)[−1] (gram-mole per standard cubic meter) (kilogram/gram) (minute/hour), where standard temperature (gram-mole per standard cubic meter) is 20 °C.
    (2) Calculate the percent reduction of HCl or Cl2 using Equation 3 of this section:

where:
R = Control efficiency of control device(s).
Ei = Mass rate of HCl or Cl2 to the inlet to the control device(s), kilograms per hour.
Eo = Mass rate of HCl or Cl2 at the outlet of the control device(s), kilograms per hour.
    (c) You may prepare a design evaluation in lieu of conducting a performance test for HCl storage tanks and HCl transfer operations that are not routed to a control device that also controls HCl process vent emissions or any other continuous vent stream. The design evaluation shall include documentation demonstrating that the control technique being used achieves the required control efficiency when a liquid HCl product with a concentration of 30 weight percent or greater is being loaded into the storage tank, or a tank truck, rail car, ship, or barge.
    (1) If you use a caustic scrubber control device or a water scrubber control device, the design evaluation shall address the vent stream composition, constituent concentrations, liquid-to-vapor ratio, scrubbing liquid flow rate and concentration, temperature, and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent concentration level and shall include the additional information in paragraphs (c)(1)(i) and (ii) of this section for trays and a packed column scrubber.
    (i) Type and total number of theoretical and actual trays.
    (ii) Type and total surface area of packing for entire column and for individual packed sections, if the column contains more than one packed section.
    (2) If you use any other control device, the design evaluation shall address the composition and HAP concentration of the vent stream immediately preceding the control device, as well as other parameters necessary to demonstrate that the control technique being used achieves the required control efficiency when a liquid HCl product with a concentration of 30 weight percent or greater is being loaded into the storage tank, or a tank truck, rail car, ship, or barge.
    (d) You are not required to conduct a performance test for an emission point for which a performance test was conducted within the previous 5-year period, using the same test methods specified in this section and for which either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. The operating limits reported under the previous performance test shall be sufficient to meet the monitoring requirements in this subpart.
    (e) You must establish all operating limits with which you will demonstrate continuous compliance with the applicable emission limits in Table 1 to this subpart as described in paragraphs (e)(1) through (3) of this section.
    (1) If you use a caustic scrubber control device or water scrubber control device and you conduct a performance test, you must establish operating limits according to paragraphs (e)(1)(i) and (ii) of this section. If a series of control devices are used, you must establish separate operating limits for each device.
    (i) You must establish the minimum value as the operating limit for scrubber inlet liquid or recirculating liquid flow rate, as appropriate. The minimum value shall be based on the scrubber inlet liquid or recirculating liquid flow rate, as appropriate, values measured during the performance test.
    (ii) You must establish the minimum and maximum values as the operating limits for scrubber effluent pH. The minimum and maximum values shall be based on the scrubber effluent pH values measured during the performance test.
    (2) If you use any other control device and you conduct a performance test, you must establish operating limits according to your site-specific test plan submitted in accordance with §63.7(c)(2)(i). The operating limits shall be based on the operating parameter values measured during the performance test. If a series of control devices are used, you must establish separate operating limits for each device.
    (3) If you do not conduct a performance test for a HCl storage tank or HCl transfer operation, you must use engineering assessments and/or manufacturer's recommendations to establish the operating limits specified in paragraphs (e)(1)(i) and (ii), or (e)(2), of this section.
    (4) As needed in applicability determinations, you must use ASTM E224 to determine the HCl concentration in liquid products.
§63.9025   What are my monitoring installation, operation, and maintenance requirements?
    (a) For each operating parameter that you are required by §63.9020(e) to monitor, you must install, operate, and maintain each CMS according to the requirements in paragraphs (a)(1) through (6) of this section.
    (1) You must operate your CMS and collect data at all times the process is operating.
    (2) You must collect data from at least four equally spaced periods each hour.
    (3) For at least 75 percent of the operating hours in a 24-hour period, you must have valid data (as defined in your site-specific monitoring plan) for at least 4 equally spaced periods each hour.
    (4) For each hour that you have valid data from at least four equally spaced periods, you must calculate the hourly average value using all valid data or, where data are collected from an automated CMS, using at least one measured value per minute if measured more frequently than once per minute.
    (5) You must calculate the daily average using all of the hourly averages calculated according to paragraph (a)(4) of this section for the 24-hour period.
    (6) You must record the results for each inspection, calibration, and validation check as specified in your site-specific monitoring plan.
    (b) For scrubber control devices, you may request approval, in accordance with §63.8(f), to monitor parameters other than those specified in §63.9020(e). In accordance with §63.8(f), you must submit a monitoring plan to the Administrator and the plan must meet the requirements in paragraphs (a) and (b)(1) through (3) of this section. You must conduct monitoring in accordance with the plan submitted to the Administrator unless comments received from the Administrator require an alternate monitoring scheme.
    (1) Identify the operating parameter to be monitored to ensure that the control or capture efficiency measured during the initial compliance test is maintained.
    (2) Discuss why this parameter is appropriate for demonstrating ongoing compliance.
    (3) Identify the specific monitoring procedures.
    (c) For any other control device, you must ensure that the CMS is operated according to a monitoring plan submitted to the Administrator as required by §63.8(f). The monitoring plan must meet the requirements in paragraphs (a) and (c)(1) through (3) of this section. You must conduct monitoring in accordance with the plan submitted to the Administrator, as amended, unless comments received from the Administrator require an alternate monitoring scheme.
    (1) Identify the operating parameter to be monitored to ensure that the control or capture efficiency measured during the initial compliance test is maintained.
    (2) Discuss why this parameter is appropriate for demonstrating ongoing compliance.
    (3) Identify the specific monitoring procedures.
§63.9030   How do I demonstrate initial compliance with the emission limitations and work practice standards?
    (a) You must demonstrate initial compliance with each emission limit and work practice standard that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements in §63.9020 and Table 3 to this subpart.
    (c) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.9045(f)-(g). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for such sources, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new or reconstructed sources which commence construction or reconstruction after February 4, 2019, you must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.9045(f)-(g) and §63.9050(d).
Continuous Compliance Requirements
§63.9035   How do I monitor and collect data to demonstrate continuous compliance?
    (a) You must monitor and collect data according to this section.
    (b) If you use a caustic scrubber or a water scrubber/absorber to meet the emission limits in Table 1 to this subpart, you must keep the records specified in paragraphs (b)(1) and (2) of this section to support your compliance demonstration.
    (1) Records of daily average scrubber inlet liquid or recirculating liquid flow rate, as appropriate.
    (2) Records of the daily average scrubber effluent pH.
    (c) If you use any other control device to meet the emission limits in Table 1 to this subpart, you must keep records of the operating parameter values identified in your monitoring plan in §63.9025(c) to support your compliance demonstration.
    (d) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating. This includes periods of startup, shutdown, or malfunction when the affected source is operating. A monitoring malfunction includes, but is not limited to, any sudden, infrequent, not reasonably preventable failure of the monitoring equipment to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions.
    (e) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system.
§63.9040   How do I demonstrate continuous compliance with the emission limitations and work practice standards?
    (a) You must demonstrate continuous compliance with each emission limit and work practice standard in Table 1 to this subpart that applies to you according to Table 4 to this subpart.
    (b) You must demonstrate continuous compliance with each operating limit in Table 2 of this subpart that applies to you according to Tables 4 and 5 to this subpart.
    (c) You must report each instance in which you did not meet an emission limit, work practice standard or operating limit in Table 1 or 2 to this subpart, respectively, that applies to you. This includes periods of startup, shutdown, and malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in §63.9050.
    (d) [Reserved]
    (e) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], consistent with §§63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with §63.6(e)(1). The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in §63.6(e). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for such sources, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources which commence construction or reconstruction after February 4, 2019, the exemptions for periods of startup, shutdown, and malfunction in §63.6(e) no longer apply. 
    (f) An owner or operator may designate a process vent as a maintenance vent if the vent is only used as a result of startup or shutdown, of equipment where equipment is emptied, depressurized, degassed or placed into service. The owner or operator does not need to designate a maintenance vent as a HCl process vent, HCl storage tank vent, or an HCl transfer operation. The owner or operator must comply with the applicable requirements in paragraphs (f)(1) through (2) of this section for each maintenance vent by [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] or the date of startup for new and reconstructed sources, whichever is later, unless an extension is requested in accordance with the provisions in §63.6(i).
    (1) Prior to venting to the atmosphere, process liquids must be removed from the equipment as much as practical and the equipment must be washed with water or purged with air or otherwise depressurized to a control device, fuel gas system, or back to the process to remove the HCl and Cl2 until the equipment served by the maintenance vent contains less than 20 pounds of HCl or Cl2.  
    (2) For maintenance vents complying with the requirements in paragraph (f)(1) of this section, the owner or operator shall demonstrate the mass of HCl or Cl2 in the equipment served by the maintenance vent is less than 20 pounds for each maintenance activity based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. The owner or operator must maintain records for five years of the number of maintenance activities for which maintenance vent provisions are used during each reporting period. 
Notifications, Reports, and Records
§63.9045   What notifications must I submit and when?
    (a) You must submit all of the notifications in §§63.7(b) and (c), 63.8(f)(4) and (6), and 63.9 (b) through (h) that apply to you by the dates specified.
    (b) As specified in §63.9(b)(2), if you start up your affected source before April 17, 2003, you must submit an Initial Notification not later than 120 calendar days after April 17, 2003.
    (c) As specified in §63.9(b)(4), if you start up your new or reconstructed affected source on or after April 17, 2003, you must submit the application for construction or reconstruction required by §63.9(b)(1)(iii) in lieu of the initial notification.
    (d) You must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as required in §63.7(b)(1).
    (e) [Reserved]
    (f) You must submit the Notification of Compliance Status, including the performance test results, within 180 calendar days after the applicable compliance dates specified in §63.8995.
    (g) The Notification of Compliance Status must also include the information in paragraphs (g)(1) through (2) of this section that applies to you.
    (1) Each operating parameter value averaged over the full period of the performance test (for example, average pH).
    (2) Each operating parameter range within which HAP emissions are reduced to the level corresponding to meeting the applicable emission limits in Table 1 to this subpart.
§63.9050   What reports must I submit and when?
    (a) You must submit a compliance report that includes the information in §63.9050(c) through (e), as applicable, as specified in Table 6 to this subpart.
    (b) Unless the Administrator has approved a different schedule for submission of reports under §63.10(a), you must submit each report according to paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.8995 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in §63.8995 (i.e., June 30, 2006, for sources existing on April 17, 2006).
    (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in §63.8995 (i.e., July 31, 2006, for sources existing on April 17, 2006).
    (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6 (a)(3)(iii)(A) or 71.6 (a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section.
    (c) The compliance report must contain the following information in paragraphs (c)(1) through (10) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting period.
    (4) For existing sources and for new or reconstructed sources for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], if you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in §63.10(d)(5)(i). A startup, shutdown, and malfunction plan  and the information in §63.10(d)(5)(i) is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
(5) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], if there are no deviations from any emission limitations that apply to you, a statement that there were no deviations from the emission limitations during the reporting period.
    (6) If there were no periods during which the CMS was out-of-control in accordance with the monitoring plan, a statement that there were no periods during which the CMS was out-of-control during the reporting period.
    (7) Verification that you continue to use the equipment LDAR plan and information that explains any periods when the procedures in the plan were not followed and the corrective actions were not taken.
    (8) If you did not make revisions to your site-specific monitoring plan and/or LDAR plan during the reporting period, a statement that you did not make any revisions to your site-specific monitoring plan and/or LDAR plan during the reporting period. If you made revisions to your site-specific monitoring plan and/or LDAR plan during the reporting period, a copy of the revised plan.
    (9) If you meet the outlet concentration limit in table 1 to this subpart without the use of a control device for any emission point, verification that you have not made any process changes that could reasonably be expected to increase the outlet concentration since your most recent performance test for that emission point.
    (10) The information specified in paragraphs (c)(10)(i) and (ii) of this section for those planned routine maintenance operations that caused or may cause an HCl storage tank control device not to meet the emission limits in table 1 to this subpart, as applicable.
    (i) A description of the planned routine maintenance that was performed for each HCl storage tank control device during the reporting period. This description shall include the type of maintenance performed and the total number of hours during the reporting period that the HCl storage tank control device did not meet the emission limits in table 1 to this subpart, as applicable, due to planned routine maintenance.
    (ii) A description of the planned routine maintenance that is anticipated to be performed for each HCl storage tank control device during the next reporting period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
    (d) For each deviation from an emission limitation occurring at an affected source where you are using a CMS to comply with the emission limitation in this subpart, you must include the information in paragraphs (c)(1) through (6) of this section and the following information in paragraphs (d)(1) through (9) of this section and §63.10(e)(3)(vi). This includes periods of startup, shutdown, and malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date and time that each CMS was inoperative, except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, including the information in §63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period.
    (5) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of CMS downtime during the reporting period, and the total duration of CMS downtime as a percent of the total source operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A description of any changes in CMS, processes, or controls since the last reporting period.
    (e) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If an affected source submits a compliance report pursuant to Table 6 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation in this subpart, submission of the compliance report shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permit authority.
    (f) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each startup, shutdown, or malfunction during the reporting period that is not consistent with your startup, shutdown, and malfunction plan you must submit an immediate startup, shutdown and malfunction report. Unless the Administrator has approved a different schedule for submission of reports under §63.10(a), you must submit each report according to paragraphs (f)(1) and (2) of this section. An immediate startup, shutdown, and malfunction report is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
    (1) An initial report containing a description of the actions taken for the event must be submitted by fax or telephone within 2 working days after starting actions inconsistent with the plan.
    (2) A follow-up report containing the information listed in §63.10(d)(5)(ii) must be submitted within 7 working days after the end of the event unless you have made alternative reporting arrangements with the permitting authority.
      (g) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (g)(1) through (3) of this section.
      (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). CEDRI can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website. 
      (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. Submit the results of the performance test as an attachment in the ERT.
      (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph (a)(1) is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC  27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section.
      (h) Within 60 days after the date of completing each CMS performance evaluation (as defined in §63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (h)(1) through (3) of this section. 
      (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website. 
      (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Website at the time of the evaluation. Submit the results of the performance evaluation as an attachment in the ERT.
      (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph (a)(1) is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC  27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section.
(i) You must submit to the Administrator compliance reports. Beginning on [INSERT DATE 366 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] or 1 year after the appropriate electronic reporting template becomes available on the CEDRI website, whichever is later, submit all subsequent reports following the procedure specified in paragraph (l) of this section.
(j) You must submit to the Administrator performance evaluations. Beginning on [INSERT DATE 366 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] or 1 year after the appropriate electronic reporting template becomes available on the CEDRI website, whichever is later, submit all subsequent reports following the procedure specified in paragraph (l) of this section.
(k) You must submit to the Administrator a Notification of Compliance Status. Beginning on [INSERT DATE 366 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] or 1 year after the appropriate electronic reporting template becomes available on the CEDRI website, whichever is later, submit all subsequent reports following the procedure specified in paragraph (l) of this section.
(l) If you are required to submit reports following the procedure specified in this paragraph, you must submit reports to the EPA via CEDRI. CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/). You must use the appropriate electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. If you claim some of the information required to be submitted via CEDRI is CBI, submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph.
(m) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (m)(1) through (7) of this section.
       (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.
       (2) The outage must have occurred within the period of time beginning 5 business days prior to the date that the submission is due. 
       (3) The outage may be planned or unplanned.
       (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. 
       (5) You must provide to the Administrator a written description identifying: 
       (i) The date, time and length of the outage; 
       (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; 
       (iii) Measures taken or to be taken to minimize the delay in reporting; and 
       (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. 
       (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
       (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. 
(n) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (n)(1) through (5) of this section.
       (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). 
      (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. 
      (3) You must provide to the Administrator:
      (i) A written description of the force majeure event; 
      (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; 
      (iii) Measures taken or to be taken to minimize the delay in reporting; and 
      (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. 
      (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
      (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs.
§63.9055   What records must I keep?
    (a) You must keep a copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, as required in §63.10(b)(2)(xiv).
    (b) You must also keep the following records specified in paragraphs (b)(1) through (5) of this section.
    (1) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before [INSERT DATE 1 DAY AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], the records in §63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction, for a period of five years.  A startup, shutdown, and malfunction plan is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].  
    (2) Records of performance tests as required in §63.10(b)(2)(viii).
    (3) Records of operating parameter values that are consistent with your monitoring plan.
    (4) Records of the date and time that each deviation started and stopped and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period.
    (5) Copies of the current versions of the site-specific monitoring plan and the equipment LDAR plan. You also must submit copies of these plans and any revisions or updates to the Administrator for comment only (not for approval).
    (6) Records of the planned routine maintenance performed on each HCl storage tank control device including the duration of each time the control device does not meet the emission limits in table 1 to this subpart, as applicable, due to planned routine maintenance. Such a record shall include the information specified in paragraphs (b)(6)(i) and (ii) of this section.
    (i) The first time of day and date the emission limits in table 1 to this subpart, as applicable, were not met at the beginning of the planned routine maintenance, and
    (ii) The first time of day and date the emission limits in table 1 to this subpart, as applicable, were met at the conclusion of the planned routine maintenance.
    (c) After [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], you must keep records of each deviation specified in paragraphs (c)(1) through (3) of this section. 
    (1) For each deviation record the date, time, and duration of each deviation.
    (2) For each deviation, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 63.9005(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation.
    (d) Any records required to be maintained by this part that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation.
§63.9060   In what form and how long must I keep my records?
    (a) Your records must be in a form suitable and readily available for expeditious inspection and review, according to §63.10(b)(1).
    (b) As specified in §63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.
    (c) You must keep each record on site, or readily accessible from on site through a computer or other means, for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to §63.10(b)(1). You can keep the records off site for the remaining 3 years. Records may be maintained in hard copy or computer-readable format including, but not limited to, on paper, microfilm, hard disk drive, floppy disk, compact disk, magnetic tape, or microfiche.
    (d) You must keep each previous (i.e., superseded) version of the site-specific monitoring plan and the LDAR plan for a period of 5 years after revision of the plan. If, at any time after adoption of a site-specific monitoring plan or an LDAR plan, your affected source ceases operation or is otherwise no longer subject to the provisions of this subpart, you must retain a copy of the most recent plan for 5 years from the date your source ceases operation or is no longer subject to this subpart.
Other Requirements and Information
§63.9065   What parts of the General Provisions apply to me?
    (a) Table 7 to this subpart shows which parts of the General Provisions in §§63.1 through 63.15 apply to you.
§63.9070   Who implements and enforces this subpart?
    (a) This subpart can be implemented and enforced by us, the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, as well as U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (4) of this section that cannot be delegated to State, local, or tribal agencies are as follows.
    (1) Approval of alternatives to requirements in §§63.8980, 63.8985, 63.8990, 63.8995, and 63.9000.
    (2) Approval of major changes to test methods under §63.7(e)(2)(ii) and (f) and as defined in §63.90.
    (3) Approval of major changes to monitoring under §63.8(f) and as defined in §63.90.
    (4) Approval of major changes to recordkeeping and reporting under §63.10(f) and as defined in §63.90.
§63.9075   What definitions apply to this subpart?
    Terms used in this subpart are defined in the Clean Air Act in 40 CFR 63.2 and in this section as follows:
    Caustic scrubber control device means any add-on device that mixes an aqueous stream or slurry containing a caustic substance with the exhaust gases from an HCl process vent, HCl storage tank, or HCl transfer operation to control emissions of HCl and/or Cl2.
    Chlor-alkali facility means a facility where chlorine and sodium or potassium hydroxide are produced as co-products and hydrogen is produced as a by-product in an electrolytic process using either mercury cells, diaphragm cells, or membrane cells.
    Continuous monitoring system, for purposes of the final rule, means liquid flow monitoring devices that meet the performance specifications given in §63.9025(a); or pH monitoring devices that meet the performance specifications given in §63.9025(a); or other control devices as mentioned in 63.9025(a) and (b) or §63.9025(a) and (c).
    Control device means an add-on device used to reduce HCl and/or Cl2 emissions from an HCl process vent, HCl storage tank, or HCl transfer operation at an HCl production facility. An HCl production unit is not a control device.
    Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or
    (3) Fails to meet any emission limitation or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit or operating limit.
    Emission stream means a gaseous stream from an HCl process vent, an HCl storage tank, an HCl transfer operation, leaking equipment in HCl service, or HCl wastewater operations that is discharged to the atmosphere. Gaseous streams from HCl process vents, HCl storage tanks, and HCl transfer operations that are routed to another process or recycled for reaction or other use (i.e., for pH control) of the HCl and/or Cl2 are not emission streams. Gaseous streams from HCl transfer operations that are vapor balanced to an HCl storage tank subject to this subpart are not emission streams.
    Equipment in HCl service means each pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, and instrumentation system in an HCl production facility that contains 30 weight percent or greater of liquid HCl or 5 weight percent or greater of gaseous HCl at any time.
    HCl process vent means the point of discharge to the atmosphere, or point of entry into a control device, of a gaseous stream that originates from an HCl production unit. The following points of discharge are not HCl process vents:
    (1) A leak from equipment in HCl service subject to this subpart.
    (2) An exit from a control device used to comply with this subpart.
    (3) An HCl storage tank vent or HCl transfer operation vent subject to this subpart.
    (4) A HCl wastewater operation vent subject to this subpart.
    (5) A point of discharge from a relief valve.
    (6) A point of discharge from an analyzer.
    HCl production facility is defined in §63.8985(a)(1).
    HCl production unit means an absorber or other vessel in which a liquid HCl product is manufactured by absorbing gaseous HCl into either water or an aqueous HCl solution.
    HCl storage tank means a tank or other vessel that is used to store liquid HCl product. Tanks or vessels permanently attached to motor vehicles (such as trucks, railcars, barges, or ships) are not HCl storage tanks.
    HCl transfer operation means the loading, into a tank truck, railcar, ship, or barge, of liquid HCl from a transfer (or loading) rack (as defined in this section) for which the predominant use is liquid HCl. The predominant use of a transfer (or loading) rack is the material that is loaded by the transfer (or loading) rack in the greatest amount.
    HCl wastewater operation means an operation that handles and processes water containing HCl that is discarded from an HCl production facility.
    Plant site means all contiguous or adjoining property that is under common control, including properties that are separated only by a road or other public right-of-way. Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof.
    Research and development facility means laboratory and pilot plant operations whose primary purpose is to conduct research and development into new processes and products, where the operations are under close supervision of technically trained personnel, and the operations are not engaged in the manufacture of products for commercial sale, except in a de minimis manner.
    Responsible official means responsible official as defined in 40 CFR 70.2 of this chapter.
    Transfer (or loading) rack means the collection of loading arms and loading hoses, at a single loading rack, that are used to fill tank trucks, railcars, ships, and/or barges. Transfer rack includes the associated pumps, meters, shutoff valves, relief valves, and other piping and valves.
    Vapor balanced means connected to a piping system that is designed to collect vapors displaced from tank trucks, rail cars, ships, or barges during loading, and to route the collected vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected by a common header.
    Vent means the point of discharge to the atmosphere or to a control device from either an HCl process vent, an HCl storage tank, or an HCl transfer operation.
    Water scrubber control device means any add-on device that mixes an aqueous stream not containing a caustic substance with the exhaust gases from an HCl process vent, HCl storage tank, or HCl transfer operation to control emissions of HCl and/or Cl2.
Table 1 to Subpart NNNNN of Part 63 -- Emission Limits and Work Practice Standards
    As stated in §63.9000(a), you must comply with the following emission limits and work practice standards for each emission stream that is part of an affected source.
                             For each .  .  .
     You must meet the following emission limit and work practice standard
1. Emission stream from an HCl process vent at an existing source
a. Reduce HCl emissions by 99 percent or greater or achieve an outlet concentration of 20 ppm by volume or less; and
   
b. Reduce Cl2 emissions by 99 percent or greater or achieve an outlet concentration of 100 ppm by volume or less.
2. Emission stream from an HCl storage tank at an existing source
Reduce HCl emissions by 99 percent or greater or achieve an outlet concentration of 120 ppm by volume or less.
3. Emission stream from an HCl transfer operation at an existing source
Reduce HCl emissions by 99 percent or greater or achieve an outlet concentration of 120 ppm by volume or less.
4. Emission stream from leaking equipment in HCl service at existing and new sources
a. Prepare and operate at all times according to an equipment LDAR plan that describes in detail the measures that will be put in place to detect leaks and repair them in a timely fashion; and
   
b. Submit the plan to the Administrator for comment only with your Notification of Compliance Status; and
   
c. You may incorporate by reference in such plan existing manuals that describe the measures in place to control leaking equipment emissions required as part of other federally enforceable requirements, provided that all manuals that are incorporated by reference are submitted to the Administrator.
5. Emission stream from an HCl process vent at a new source
a. Reduce HCl emissions by 99.4 percent or greater or achieve an outlet concentration of 12 ppm by volume or less; and
   
b. Reduce Cl2 emissions by 99.8 percent or greater or achieve an outlet concentration of 20 ppm by volume or less.
6. Emission stream from an HCl storage tank at a new source
Reduce HCl emissions by 99.9 percent or greater or achieve an outlet concentration of 12 ppm by volume or less.
7. Emission stream from an HCl transfer operation at a new source
Reduce HCl emissions by 99 percent or greater or achieve an outlet concentration of 120 ppm by volume or less.
Table 2 to Subpart NNNNN of Part 63 -- Operating Limits
    As stated in §63.9000(b), you must comply with the following operating limits for each emission stream that is part of an affected source that is vented to a control device.
                             For each .  .  .
                             You must .  .  .
1. Caustic scrubber or water scrubber/absorber
a. Maintain the daily average scrubber inlet liquid or recirculating liquid flow rate, as appropriate, above the operating limit; and
b. Maintain the daily average scrubber effluent pH within the operating limits; or
c. Instead of a. and b., maintain your operating parameter(s) within the operating limits established according to your monitoring plan established under §63.8(f).
2. Other type of control device to which HCl emissions are ducted
Maintain your operating parameter(s) within the limits established during the performance test and according to your monitoring plan.
Table 3 to Subpart NNNNN of Part 63 -- Performance Test Requirements for HCl Production Affected Sources
    As stated in §63.9020, you must comply with the following requirements for performance tests for HCl production for each affected source.
For each HCl process vent and each HCl storage tank and HCl transfer operation for which you are conducting a performance test, you must .  .  .
                               Using .  .  .
                      Additional Information .  .  .
1. Select sampling port location(s) and the number of traverse points
a. Method 1 or 1A in appendix A to 40 CFR part 60 of this chapter
i. If complying with a percent reduction emission limitation, sampling sites must located at the inlet and outlet of the control device prior to any releases to the atmosphere (or, if a series of control devices are used, at the inlet of the first control device and at the outlet of the final control device prior to any releases to the atmosphere); or
   

ii. If complying with an outlet concentration emission limitation, the sampling site must be located at the outlet of the final control device and prior to any releases to the atmosphere or, if no control device is used, prior to any releases to the atmosphere.
2. Determine velocity and volumetric flow rate
Method 2, 2A, 2C, 2D, 2F, or 2G in appendix A to 40 CFR part 60 of this chapter.

3. Determine gas molecular weight
a. Not applicable
i. Assume a molecular weight of 29 (after moisture correction) for calculation purposes.
4. Measure moisture content of the stack gas
Method 4 in appendix A to 40 CFR part 60 of this chapter.

5. Measure HCl concentration and Cl2 concentration from HCl process vents
a. Method 26A in appendix A to 40 CFR part 60 of this chapter
i. An owner or operator may be exempted from measuring the Cl2concentration from an HCl process vent provided that a demonstration that Cl2 is not likely to be present in the stream is submitted as part of the site-specific test plan required by §63.9020(a)(2). This demonstration may be based on process knowledge, engineering judgment, or previous test results.
6. Establish operating limits with which you will demonstrate continuous compliance with the emission limits in Table 1 to this subpart, in accordance with §63.9020(e)(1) or (2).


Table 4 to Subpart NNNNN of Part 63 -- Initial Compliance With Emission Limitations and Work Practice Standards
    As stated in §63.9030, you must comply with the following requirements to demonstrate initial compliance with the applicable emission limits for each affected source vented to a control device and each work practice standard.
                             For each .  .  .
    For the following emission limit or work practice standard .  .  .
            You have demonstrated initial compliance if .  .  .
1. HCl process vent and each HCl storage tank and HCl transfer operation for which you are conducting a performance test
a. In Table 1 to this subpart
i. The average percent reduction of HCl and Cl2 (if applicable), measured over the period of the performance test conducted according to Table 3 of this subpart and determined in accordance with §63.9020(b), is greater than or equal to the applicable percent reduction emission limitation specified in Table 1 of this subpart; or
   
   
ii. The average HCl and Cl2 (if applicable) concentration, measured over the period of the performance test conducted according to Table 3 of this subpart, is less than or equal to the applicable concentration emission limitation specified in Table 1 of this subpart.
2. HCl storage tank and HCl transfer operation for which you are preparing a design evaluation in lieu of conducting a performance test
a. In Table 1 to this subpart
i. The percent reduction of HCl, demonstrated by a design evaluation prepared in accordance with §63.9020(c), is greater than or equal to the applicable percent reduction emission limitation specified in Table 1 of this subpart; or
   
   
ii. The HCl concentration, demonstrated by a design evaluation prepared in accordance with §63.9020(c), is less than or equal to the applicable concentration emission limitation specified in Table 1 of this subpart.
3. Leaking equipment
a. In Table 1 to this subpart
i. You certify in your Notification of Compliance Status that you have developed and implemented your LDAR plan and submitted it to the Administrator for comment only.
Table 5 to Subpart NNNNN of Part 63 -- Continuous Compliance With Emission Limitations and Work Practice Standards
    As stated in §63.9040, you must comply with the following requirements to demonstrate continuous compliance with the applicable emission limitations for each affected source vented to a control device and each work practice standard.
                             For each .  .  .
 For the following emission limitation and work practice standard .  .  .
           You must demonstrate continuous compliance by .  .  .
1. Affected source using a caustic scrubber or water scrubber/adsorber
a. In Tables 1 and 2 to this subpart
i. Collecting the scrubber inlet liquid or recirculating liquid flow rate, as appropriate, and effluent pH monitoring data according to §63.9025, consistent with your monitoring plan; and
   

ii. Reducing the data to 1-hour and daily block averages according to the requirements in §63.9025; and
   

iii. Maintaining the daily average scrubber inlet liquid or recirculating liquid flow rate, as appropriate, above the operating limit; and
   

iv. Maintaining the daily average scrubber effluent pH within the operating limits.
2. Affected source using any other control device
a. In Tables 1 and 2 to this subpart
i. Conducting monitoring according to your monitoring plan established under §63.8(f) in accordance with §63.9025(c); and
   

ii. Collecting the parameter data according to your monitoring plan established under §63.8(f); and
   

iii. Reducing the data to 1-hour and daily block averages according to the requirements in §63.9025; and
   

iv. Maintaining the daily average parameter values within the operating limits established according to your monitoring plan established under §63.8(f).
3. Affected source using no control device
a. In Tables 1 and 2 to this subpart.
i. Verifying that you have not made any process changes that could reasonably be expected to change the outlet concentration since your most recent performance test for an emission point.
4. Leaking equipment affected source
a. In Table 1 to this subpart
i. Verifying that you continue to use a LDAR plan; and
   

ii. Reporting any instances where you deviated from the plan and the corrective actions taken.
Table 6 to Subpart NNNNN of Part 63 -- Requirements for Reports
    As stated in §63.9050(a), you must submit a compliance report that includes the information in §63.9050(c) through (e) as well as the information in the following table. For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], you must also submit startup, shutdown, and malfunction (SSM) reports according to the requirements in §63.9050(f) and the following. A startup, shutdown, and malfunction plan is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
                                 If.  .  .
               Then you must submit a report or statement that:
1. There are no deviations from any emission limitations that apply to you
There were no deviations from any emission limitations that apply to you during the reporting period. Include this statement in the compliance report.
2. There were no periods during which the operating parameter monitoring systems were out-of-control in accordance with the monitoring plan
There were no periods during which the CMS were out-of-control during the reporting period. Include this statement in the compliance report.
3. There was a deviation from any emission limitation during the reporting period
Contains the information in §63.9050(d). Include this statement in the compliance report.
4. There were periods during which the operating parameter monitoring systems were out-of-control in accordance with the monitoring plan
Contains the information in §63.9050(d). Include this statement in the compliance report.
5. There was a SSM during the reporting period that is not consistent with your SSM plan
For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], contains the information in §63.9050(f). Include this statement in the compliance report. A startup, shutdown, and malfunction plan is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
6. There were periods when the procedures in the LDAR plan were not followed
Contains the information in §63.9050(c)(7). Include this statement in the compliance report.
Table 7 to Subpart NNNNN of Part 63 -- Applicability of General Provisions to Subpart NNNNN
    As stated in §63.9065, you must comply with the applicable General Provisions requirements according to the following:
                                   Citation
                                  Requirement
                           Applies to subpart NNNNN
                                  Explanation
§63.1
Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications
Yes.

§63.2
Definitions
Yes
Additional definitions are found in §63.9075.
§63.3
Units and abbreviations
Yes.

§63.4
Prohibited activities; compliance date; circumvention, severability
Yes.

§63.5
Construction/reconstruction applicability; applications; approvals
Yes.

§63.6(a)
Compliance with standards and maintenance requirements-applicability
Yes.

§63.6(b)(1)-(4)
Compliance dates for new or reconstructed sources
Yes
§63.8995 specifies compliance dates.
§63.6(b)(5)
Notification if commenced construction or reconstruction after proposal
Yes.

§63.6(b)(6)
[Reserved]
Yes.

§63.6(b)(7)
Compliance dates for new or reconstructed area sources that become major
Yes
§63.8995 specifies compliance dates.
§63.6(c)(1)-(2)
Compliance dates for existing sources
Yes
§63.8995 specifies compliance dates.
§63.6(c)(3)-(4)
[Reserved]
Yes.

§63.6(c)(5)
Compliance dates for existing area sources that become major
Yes
§63.8995 specifies compliance dates.
§63.6(d)
[Reserved]
Yes.

§63.6(e)(1)(i)
General Duty to minimize emissions
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.
Subpart NNNNN requires affected units to meet emissions standards at all times. See §63.9005(b) for general duty requirement.
§63.6(e)(1)(ii)
Requirement to correct malfunctions ASAP
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.

§63.6(e)(1)(iii)-(e)(2)
Operation and maintenance requirements
Yes.

§63.6(e)(3)
SSM plans
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.6(f)(1)
Compliance except during SSM
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.6(f)(2)-(3)
Methods for determining compliance
Yes.

§63.6(g)
Use of an alternative non-opacity emission standard
Yes.

§63.6(h)
Compliance with opacity/visible emission standards
No
Subpart NNNNN does not specify opacity or visible emission standards.
§63.6(i)
Extension of compliance with emission standards
Yes.

§63.6(j)
Presidential compliance exemption
Yes.

§63.7(a)(1)-(2)
Performance test dates
Yes
Except for existing affected sources as specified in §63.9010(b).
§63.7(a)(3)
Administrator's Clean Air Act section 114 authority to require a performance test
Yes.

§63.7(b)
Notification of performance test and rescheduling
Yes.

§63.7(c)
Quality assurance program and site-specific test plans
Yes.

§63.7(d)
Performance testing facilities
Yes.

§63.7(e)(1)
Conditions for conducting performance tests
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.
See §63.9020(a) for performance testing requirements.
§63.7(f)
Use of an alternative test method
Yes.

§63.7(g)
Performance test data analysis, recordkeeping, and reporting
Yes.

§63.7(h)
Waiver of performance tests
Yes.

§63.8(a)(1)-(3)
Applicability of monitoring requirements
Yes
Additional monitoring requirements are found in §63.9005(d) and 63.9035.
63.8(a)(4)
Monitoring with flares
No
Subpart NNNNN does not refer directly or indirectly to §63.11.
§63.8(b)
Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systems
Yes.

§63.8(c)(1)(i)
General duty to minimize emissions and CMS operation
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.8(c)(1)(ii)
Continuous monitoring system O&M
Yes.
Applies as modified by §63.9005(d).
§63.8(c)(1)(iii)
Requirement to develop SSM Plan for CMS
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.8(c)(2)-(3)
Continuous monitoring system O&M
Yes
Applies as modified by §63.9005(d)
§63.8(c)(4)
Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts
Yes
Applies as modified by §63.9005(d).
§63.8(c)(5)
Continuous opacity monitoring system (COMS) minimum procedures
No
Subpart NNNNN does not have opacity or visible emission standards.
§63.8(c)(6)
Zero and high level calibration checks
Yes
Applies as modified by §63.9005(d).
§63.8(c)(7)-(8)
Out-of-control periods, including reporting
Yes.

§63.8(d)(1)-(2)
Quality control program and CMS performance evaluation
Yes
Applies as modified by §63.9005(d).
§63.8(d)(3)
Written procedures for CMS
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.
See §63.9005(d)(5) for written procedures for CMS.
§63.8(e)
Performance evaluation of CMS
Yes.
Applies as modified by §63.9005(d).
§63.8(f)(1)-(5)
Use of an alternative monitoring method
Yes.

§63.8(f)(6)
Alternative to relative accuracy test
No
Only applies to sources that use continuous emissions monitoring systems (CEMS).
§63.8(g)
Data reduction
Yes
Applies as modified by §63.9005(d).
§63.9(a)
Notification requirements -- applicability
Yes.

§63.9(b)
Initial notifications
Yes
Except §63.9045(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by §63.9(b)(1)(iii) in lieu of the initial notification.
§63.9(c)
Request for compliance extension
Yes.

§63.9(d)
Notification that a new source is subject to special compliance requirements
Yes.

§63.9(e)
Notification of performance test
Yes.

§63.9(f)
Notification of visible emissions/opacity test
No
Subpart NNNNN does not have opacity or visible emission standards.
§63.9(g)(1)
Additional CMS notifications -- date of CMS performance evaluation
Yes.

§63.9(g)(2)
Use of COMS data
No
Subpart NNNNN does not require the use of COMS.
§63.9(g)(3)
Alternative to relative accuracy testing
No
Applies only to sources with CEMS.
§63.9(h)
Notification of compliance status
Yes
Except the submission date specified in §63.9(h)(2)(ii) is superseded by the date specified in §63.9045(f).
§63.9(i)
Adjustment of submittal deadlines
Yes.

§63.9(j)
Change in previous information
Yes.

§63.10(a)
Recordkeeping/reporting applicability
Yes.

§63.10(b)(1)
General recordkeeping requirements
Yes
§§63.9055 and 63.9060 specify additional recordkeeping requirements.
§63.10(b)(2)(i)-(ii)
Records related to SSM periods 
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.
See 63.9055 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.


§63.10(b)(2)(iii)
Maintenance Records
Yes.

§63.10(b)(2)(iv)
Actions taken to minimize emissions during SSM
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.10(b)(2)(v)
Actions taken to minimize emissions during SSM
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.10(b)(2)(vi)
Recordkeeping for CMS malfunctions
Yes

§63.10(b)(2)(vii)-(xi)
Records for performance tests and CMS
Yes

§63.10(b)(2)(xii)
Records when under waiver
Yes.

§63.10(b)(2)(xiii)
Records when using alternative to relative accuracy test
No
Applies only to sources with CEMS.
§63.10(b)(2)(xiv)
All documentation supporting initial notification and notification of compliance status
Yes.

§63.10(b)(3)
Recordkeeping requirements for applicability determinations
Yes.
   
§63.10(c)(1)-(14)
Additional recordkeeping requirements for sources with CMS
Yes
Applies as modified by §63.9005 (d).
§63.10(c)(15)
Use of SSM Plan 
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.

§63.10(d)(1)
General reporting requirements
Yes
§63.9050 specifies additional reporting requirements.
§63.10(d)(2)
Performance test results
Yes
§63.9045(f) specifies submission date.
§63.10(d)(3)
Opacity or visible emissions observations
No
Subpart NNNNN does not specify opacity or visible emission standards.
§63.10(d)(4)
Progress reports for sources with compliance extensions
Yes.

§63.10(d)(5)
SSM reports
No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and 
No thereafter.
See §63.9050(c)(5) for malfunction reporting requirements.
§63.10(e)(1)
Additional CMS reports -- general
Yes
Applies as modified by §63.9005(d).
§63.10(e)(2)(i)
Results of CMS performance evaluations
Yes
Applies as modified by §63.9005(d).
§63.10(e)(2)
Results of COMS performance evaluations
No
Subpart NNNNN does not require the use of COMS.
§63.10(e)(3)
Excess emissions/CMS performance reports
Yes.

§63.10(e)(4)
Continuous opacity monitoring system data reports
No
Subpart NNNNN does not require the use of COMS.
§63.10(f)
Recordkeeping/reporting waiver
Yes.

§63.11
Control device requirements -- applicability
No
Facilities subject to subpart NNNNN do not use flares as control devices.
§63.12
State authority and delegations
Yes
§63.9070 lists those sections of subparts NNNNN and A that are not delegated.
§63.13
Addresses
Yes.

§63.14
Incorporation by reference
Yes
Subpart NNNNN does not incorporate any material by reference.
§63.15
Availability of information/confidentiality
Yes.


