Title 40
SECTION 63.1210
63.1210 What are the notification requirements
§ 63.1210 What are the notification requirements?(a) Summary of requirements. (1) You must submit the following notifications to the Administrator:
| Reference | Notification |
|---|---|
| 63.9(b) | Initial notifications that you are subject to Subpart EEE of this Part. |
| 63.9(d) | Notification that you are subject to special compliance requirements. |
| 63.9(j) | Notification and documentation of any change in information already provided under § 63.9. |
| 63.1206(b)(5)(i) | Notification of changes in design, operation, or maintenance. |
| 63.1206(c)(8)(iv) | Notification of excessive bag leak detection system exceedances. |
| 63.1206(c)(9)(v) | Notification of excessive particulate matter detection system exceedances. |
| 63.1207(e), 63.9(e) 63.9(g)(1) and (3) | Notification of performance test and continuous monitoring system evaluation, including the performance test plan and CMS performance evaluation plan. 1 |
| 63.1210(b) | Notification of intent to comply. |
| 63.1210(d), 63.1207(j), 63.1207(k), 63.1207(l), 63.9(h), 63.10(d)(2), 63.10(e)(2) | Notification of compliance, including results of performance tests and continuous monitoring system performance evaluations. |
1 You may also be required on a case-by-case basis to submit a feedstream analysis plan under § 63.1209(c)(3).
(2) You must submit the following notifications to the Administrator if you request or elect to comply with alternative requirements:
| Reference | Notification, request, petition, or application |
|---|---|
| 63.9(i) | You may request an adjustment to time periods or postmark deadlines for submittal and review of required information. |
| 63.10(e)(3)(ii) | You may request to reduce the frequency of excess emissions and CMS performance reports. |
| 63.10(f) | You may request to waive recordkeeping or reporting requirements. |
| 63.1204(d)(2)(iii), 63.1220(d)(2)(iii) | Notification that you elect to comply with the emission averaging requirements for cement kilns with in-line raw mills. |
| 63.1204(e)(2)(iii), 63.1220(e)(2)(iii) | Notification that you elect to comply with the emission averaging requirements for preheater or preheater/precalciner kilns with dual stacks. |
| 63.1206(b)(4), 63.1213, 63.6(i), 63.9(c) | You may request an extension of the compliance date for up to one year. |
| 63.1206(b)(5)(i)(C) | You may request to burn hazardous waste for more than 720 hours and for purposes other than testing or pretesting after making a change in the design or operation that could affect compliance with emission standards and prior to submitting a revised Notification of Compliance. |
| 63.1206(b)(8)(iii)(B) | If you elect to conduct particulate matter CEMS correlation testing and wish to have federal particulate matter and opacity standards and associated operating limits waived during the testing, you must notify the Administrator by submitting the correlation test plan for review and approval. |
| 63.1206(b)(8)(v) | You may request approval to have the particulate matter and opacity standards and associated operating limits and conditions waived for more than 96 hours for a correlation test. |
| 63.1206(b)(9) | Owners and operators of lightweight aggregate kilns may request approval of alternative emission standards for mercury, semivolatile metal, low volatile metal, and hydrogen chloride/chlorine gas under certain conditions. |
| 63.1206(b)(10) | Owners and operators of cement kilns may request approval of alternative emission standards for mercury, semivolatile metal, low volatile metal, and hydrogen chloride/chlorine gas under certain conditions. |
| 63.1206(b)(14) | Owners and operators of incinerators may elect to comply with an alternative to the particulate matter standard. |
| 63.1206(b)(15) | Owners and operators of cement and lightweight aggregate kilns may request to comply with the alternative to the interim standards for mercury. |
| 63.1206(c)(2)(ii)(C) | You may request to make changes to the startup, shutdown, and malfunction plan. |
| 63.1206(c)(5)(i)(C) | You may request an alternative means of control to provide control of combustion system leaks. |
| 63.1206(c)(5)(i)(D) | You may request other techniques to prevent fugitive emissions without use of instantaneous pressure limits. |
| 63.1207(c)(2) | You may request to base initial compliance on data in lieu of a comprehensive performance test. |
| 63.1207(d)(3) | You may request more than 60 days to complete a performance test if additional time is needed for reasons beyond your control. |
| 63.1207(e)(3), 63.7(h) | You may request a time extension if the Administrator fails to approve or deny your test plan. |
| 63.1207(h)(2) | You may request to waive current operating parameter limits during pretesting for more than 720 hours. |
| 63.1207(f)(1)(ii)(D) | You may request a reduced hazardous waste feedstream analysis for organic hazardous air pollutants if the reduced analysis continues to be representative of organic hazardous air pollutants in your hazardous waste feedstreams. |
| 63.1207(g)(2)(v) | You may request to operate under a wider operating range for a parameter during confirmatory performance testing. |
| 63.1207(i) | You may request up to a one-year time extension for conducting a performance test (other than the initial comprehensive performance test) to consolidate testing with other state or federally-required testing. |
| 63.1207(j)(4) | You may request more than 90 days to submit a Notification of Compliance after completing a performance test if additional time is needed for reasons beyond your control. |
| 63.1207(l)(3) | After failure of a performance test, you may request to burn hazardous waste for more than 720 hours and for purposes other than testing or pretesting. |
| 63.1209(a)(5), 63.8(f) | You may request: (1) Approval of alternative monitoring methods for compliance with standards that are monitored with a CEMS; and (2) approval to use a CEMS in lieu of operating parameter limits. |
| 63.1209(g)(1) | You may request approval of: (1) Alternatives to operating parameter monitoring requirements, except for standards that you must monitor with a continuous emission monitoring system (CEMS) and except for requests to use a CEMS in lieu of operating parameter limits; or (2) a waiver of an operating parameter limit. |
| 63.1209(l)(1) | You may request to extrapolate mercury feedrate limits. |
| 63.1209(n)(2) | You may request to extrapolate semivolatile and low volatile metal feedrate limits. |
| 63.1211(d) | You may request to use data compression techniques to record data on a less frequent basis than required by § 63.1209. |
(b) Notification of intent to comply (NIC). These procedures apply to sources that have not previously complied with the requirements of paragraphs (b) and (c) of this section, and to sources that previously complied with the NIC requirements of §§ 63.1210 and 63.1212(a), which were in effect prior to October 11, 2000, that must make a technology change requiring a Class 1 permit modification to meet the standards of §§ 63.1219, 63.1220, and 63.1221.
(1) You must prepare a Notification of Intent to Comply that includes all of the following information:
(i) General information:
(A) The name and address of the owner/operator and the source;
(B) Whether the source is a major or an area source;
(C) Waste minimization and emission control technique(s) being considered;
(D) Emission monitoring technique(s) you are considering;
(E) Waste minimization and emission control technique(s) effectiveness;
(F) A description of the evaluation criteria used or to be used to select waste minimization and/or emission control technique(s); and
(G) A general description of how you intend to comply with the emission standards of this subpart.
(ii) As applicable to each source, information on key activities and estimated dates for these activities that will bring the source into compliance with emission control requirements of this subpart. You must include all of the following key activities and dates in your NIC:
(A) The dates by which you anticipate you will develop engineering designs for emission control systems or process changes for emissions;
(B) The date by which you anticipate you will commit internal or external resources for installing emission control systems or making process changes for emission control, or the date by which you will issue orders for the purchase of component parts to accomplish emission control or process changes.
(C) The date by which you anticipate you will submit construction applications;
(D) The date by which you anticipate you will initiate on-site construction, installation of emission control equipment, or process change;
(E) The date by which you anticipate you will complete on-site construction, installation of emission control equipment, or process change; and
(F) The date by which you anticipate you will achieve final compliance. The individual dates and milestones listed in paragraphs (b)(1)(ii)(A) through (F) of this section as part of the NIC are not requirements and therefore are not enforceable deadlines; the requirements of paragraphs (b)(1)(ii)(A) through (F) of this section must be included as part of the NIC only to inform the public of how you intend to comply with the emission standards of this subpart.
(iii) A summary of the public meeting required under paragraph (c) of this section;
(iv) If you intend to cease burning hazardous waste prior to or on the compliance date, the requirements of paragraphs (b)(1)(ii) and (b)(1)(iii) of this section do not apply. You must include in your NIC a schedule of key dates for the steps to be taken to stop hazardous waste activity at your combustion unit. Key dates include the date for submittal of RCRA closure documents required under subpart G, part 264 or subpart G, part 265 of this chapter.
(2) You must make a draft of the NIC available for public review no later than 30 days prior to the public meeting required under paragraph (c)(1) of this section or no later than 9 months after the effective date of the rule if you intend to cease burning hazardous waste prior to or on the compliance date.
(3) You must submit the final NIC to the Administrator:
(i) Existing units. No later than one year following the effective date of the emission standards of this subpart; or
(ii) New units. No later than 60 days following the informal public meeting.
(c) NIC public meeting and notice. (1) Prior to the submission of the NIC to the permitting agency and:
(i) Existing units. No later than 10 months after the effective date of the emission standards of this subpart, you must hold at least one informal meeting with the public to discuss the anticipated activities described in the draft NIC for achieving compliance with the emission standards of this subpart. You must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(ii) New units. No earlier than thirty (30) days following notice of the informal public meeting, you must hold at least one informal meeting with the public to discuss the anticipated activities described in the draft NIC for achieving compliance with the emission standards of this subpart. You must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(2) You must submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (b)(1) of this section, and copies of any written comments or materials submitted at the meeting, to the Administrator as part of the final NIC, in accordance with paragraph (b)(1)(iii) of this section;
(3) You must provide public notice of the NIC meeting at least 30 days prior to the meeting and you must maintain, and provide to the Administrator upon request, documentation of the notice. You must provide public notice in all of the following forms:
(i) Newspaper advertisement. You must publish a notice in a newspaper of general circulation in the county or equivalent jurisdiction of your facility. In addition, you must publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdiction where such publication would be necessary to inform the affected public. You must publish the notice as a display advertisement.
(ii) Visible and accessible sign. You must post a notice on a clearly marked sign at or near the source. If you place the sign on the site of the hazardous waste combustor, the sign must be large enough to be readable from the nearest spot where the public would pass by the site.
(iii) Broadcast media announcement. You must broadcast a notice at least once on at least one local radio station or television station.
(iv) Notice to the facility mailing list. You must provide a copy of the notice to the facility mailing list in accordance with § 124.10(c)(1)(ix) of this chapter.
(4) You must include all of the following in the notices required under paragraph (c)(3) of this section:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the source and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the source location;
(iv) A statement encouraging people to contact the source at least 72 hours before the meeting if they need special access to participate in the meeting;
(v) A statement describing how the draft NIC (and final NIC, if requested) can be obtained; and
(vi) The name, address, and telephone number of a contact person for the NIC.
(5) The requirements of this paragraph do not apply to sources that intend to cease burning hazardous waste prior to or on the compliance date.
(d) Notification of compliance. (1) The Notification of Compliance status requirements of § 63.9(h) apply, except that:
(i) The notification is a Notification of Compliance, rather than compliance status;
(ii) The notification is required for the initial comprehensive performance test and each subsequent comprehensive and confirmatory performance test; and
(iii) You must postmark the notification before the close of business on the 90th day following completion of relevant compliance demonstration activity specified in this subpart rather than the 60th day as required by § 63.9(h)(2)(ii).
(2) Upon postmark of the Notification of Compliance, the operating parameter limits identified in the Notification of Compliance, as applicable, shall be complied with, the limits identified in the Documentation of Compliance or a previous Notification of Compliance are no longer applicable.
(3) The Notification of Compliance requirements of § 63.1207(j) also apply.
[64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63211, Nov. 19, 1999; 65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 67 FR 6992, Feb. 14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR 18982, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008]