Title 40

SECTION 63.4331

63.4331 How do I demonstrate initial compliance with the emission limitations

§ 63.4331 How do I demonstrate initial compliance with the emission limitations?

(a) For web coating/printing operations, you may use the emission rate without add-on controls option for any individual web coating/printing operation, for any group of web coating/printing operations in the affected source, or for all the web coating/printing operations as a group in the affected source. You must use either the compliant material option, the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for any web coating/printing operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the web coating/printing operation or group of web coating/printing operations must meet the applicable emission limit in Table 1 to this subpart but is not required to meet the operating limits or work practice standards in §§ 63.4292 and 63.4293, respectively. You must meet all the requirements of paragraphs (a)(1) through (7) of this section to demonstrate initial compliance with the applicable emission limit in Table 1 to this subpart for the web coating/printing operation(s). When calculating the organic HAP emission rate according to this section, do not include any coating, printing, thinning, or cleaning materials applied on web coating/printing operations for which you use the compliant material option, the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option. Use the procedures in this section on each regulated material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration.

(1) Determine the mass fraction of organic HAP for each material. Determine the mass fraction of organic HAP for each coating, printing, thinning, and cleaning material applied during the compliance period according to the requirements in § 63.4321(e)(1).

(2) Determine the mass fraction of solids for each material. Determine the mass fraction of solids (kg of solids per kg of coating or printing material) for each coating and printing material applied during the compliance period according to the requirements in § 63.4321(e)(2).

(3) Determine the mass of each material. Determine the mass (kg) of each coating, printing, thinning, or cleaning material applied during the compliance period by measurement or usage records.

(4) Calculate the mass of organic HAP emissions. The mass of organic HAP emissions is the combined mass of organic HAP contained in all coating, printing, thinning, and cleaning materials applied during the compliance period minus the organic HAP in certain waste materials. Calculate the mass of organic HAP emissions using Equation 1 of this section:

Where: He = Mass of organic HAP emissions during the compliance period, kg. A = Total mass of organic HAP in the coating and printing materials applied during the compliance period, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinning and cleaning materials applied during the compliance period, kg, as calculated in Equation 1B of this section. Rw = Total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during the compliance period, kg, determined according to paragraph (a)(4)(iii) of this section. (You may assign a value of zero to Rw if you do not wish to use this allowance.)

(i) Calculate the kg organic HAP in the coating and printing materials applied during the compliance period using Equation 1A of this section:

Where: A = Total mass of organic HAP in the coating and printing materials applied during the compliance period, kg. Mc, i = Total mass of coating or printing material, i, applied during the compliance period, kg. Wc, i = Mass fraction of organic HAP in coating or printing material, i, kg organic HAP per kg of material. m = Number of different coating and printing, materials applied during the compliance period.

(ii) Calculate the kg of organic HAP in the thinning and cleaning materials applied during the compliance period using Equation 1B of this section:

Where: B = Total mass of organic HAP in the thinning and cleaning materials applied during the compliance period, kg. Mt, j = Total mass of thinning or cleaning material, j, applied during the compliance period, kg. Wt, j = Mass fraction of organic HAP in thinning or cleaning material, j, kg organic HAP per kg thinning or cleaning material. n = Number of different thinning and cleaning materials applied during the compliance period.

(iii) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine it according to paragraphs (a)(4)(iii)(A) through (D) of this section.

(A) You may include in the determination only waste materials that are generated by web coating/printing operations in the affected source for which you use Equation 1 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater.

(B) You must determine either the amount of the waste materials sent to a TSDF during the compliance period or the amount collected and stored during the compliance period designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a compliance period if you have already included them in the amount collected and stored during that compliance period or a previous compliance period.

(C) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (a)(4)(iii)(B) of this section.

(D) You must document the methodology you use to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4312(g). To the extent that waste manifests include this, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them.

(5) Calculate the total mass of coating and printing solids. Determine the total mass of coating and printing solids applied, kg, which is the combined mass of the solids contained in all the coating and printing materials applied during the compliance period, using Equation 2 of this section:

Where: Ht = Total mass of solids contained in coating and printing materials applied during the compliance period, kg. Mc, i = Mass of coating or printing material, i, applied during the compliance period, kg. Wf, i = mass fraction of solids in coating or printing material, i, applied during the compliance period, kg solids per kg of coating or printing material. m = Number of coating and printing materials applied during the compliance period.

(6) Calculate the organic HAP emission rate for the compliance period, kg organic HAP emitted per kg solids used, using Equation 3 of this section:

Where: Hyr = Organic HAP emission rate for the compliance period, kg of organic HAP emitted per kg of solids in coating and printing materials applied. He = Total mass organic HAP emissions from all coating, printing, thinning, and cleaning materials applied during the compliance period, kg, as calculated by Equation 1 of this section. Ht = Total mass of coating and printing solids in materials applied during the compliance period, kg, as calculated by Equation 2 of this section.

(7) Compliance demonstration. The organic HAP emission rate for the initial compliance period must be less than or equal to the applicable emission limit in Table 1 to this subpart. You must keep all records as required by §§ 63.4312 and 63.4313. As part of the Notification of Compliance Status required by § 63.4310, you must identify the web coating/printing operation(s) for which you used the emission rate without add-on controls option and submit a statement that the web coating/printing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than, or equal to, the applicable emission limit in Table 1 to this subpart.

(b) For dyeing and finishing operations, you may use the emission rate without add-on controls option for any individual dyeing/finishing operation, for any group of dyeing/finishing operations in the affected source, or for dyeing/finishing operations as a group in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any dyeing/finishing operation in the affected source for which you do not use this option. You may not use the emission rate without add-on controls option for any dyeing/finishing operation in a dyeing/finishing affected source for which you use the equivalent emission rate option. To demonstrate initial compliance using the emission rate without add-on controls option, the dyeing/finishing operation or group of operations must meet the applicable emission limit in Table 1 to this subpart but is not required to meet the operating limits or work practice standards in §§ 63.4292 and 63.4293, respectively. You must meet all the requirements of paragraphs (b)(1) through (6) of this section to demonstrate initial compliance with the applicable emission limit in Table 1 to this subpart for the dyeing/finishing operation(s). When calculating the organic HAP emission rate according to this section, do not include any dyeing and finishing materials applied on dyeing/finishing operations for which you use the compliant material option or the emission rate with add-on controls option. Use the procedures in this section on each regulated material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. Water added in mixing at the affected source is not a regulated material and should not be included in the determination of the total mass of dyeing and finishing materials applied during the compliance period, using Equation 5 of this section.

(1) Determine the mass fraction of organic HAP for each material. Determine the mass fraction of organic HAP for each dyeing and finishing material applied during the compliance period according to the requirements in § 63.4321(e)(1)(iv).

(2) Determine the mass of each material. Determine the mass (kg) of each dyeing and finishing material applied during the compliance period by measurement or usage records.

(3) Calculate the mass of organic HAP emissions. The mass of organic HAP emissions is the combined mass of organic HAP contained in all dyeing and finishing materials applied during the compliance period minus the organic HAP in certain waste materials and wastewater streams. Calculate the mass of organic HAP emissions using Equation 4 of this section:

Where: He = Mass of organic HAP emissions during the compliance period, kg. A = Total mass of organic HAP in the dyeing and finishing materials applied during the compliance period, kg, as calculated in Equation 4A of this section. Rw = Total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during the compliance period, kg, determined according to paragraph (b)(3)(ii) of this section. (You may assign a value of zero to Rw if you do not wish to use this allowance.) WW = Total mass of organic HAP in wastewater discharged to a POTW or receiving onsite secondary treatment during the compliance period, kg, determined according to paragraph (b)(3)(iii) of this section. (You may assign a value of zero to WW if you do not wish to use this allowance.)

(i) Calculate the kg organic HAP in the dyeing and finishing materials applied during the compliance period using Equation 4A of this section:

Where: A = Total mass of organic HAP in the dyeing and finishing materials applied during the compliance period, kg. Mc, i = Mass of dyeing or finishing material, i, applied during the compliance period, kg. Wc, i = Mass fraction of organic HAP in dyeing or finishing material, i, kg organic HAP per kg of material. m = Number of dyeing and finishing materials applied during the compliance period.

(ii) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 4 of this section, then you must determine it according to paragraphs (b)(3)(ii)(A) through (D) of this section.

(A) You may include in the determination only waste materials that are generated by dyeing/finishing operations in the affected source for which you use Equation 4 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater.

(C) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (b)(3)(ii)(B) of this section.

(iii) If you choose to account for the mass of organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge in Equation 4 of this section, then you must determine it according to paragraph (c) of this section.

(4) Calculate the total mass of dyeing and finishing materials. Determine the total mass of dyeing and finishing materials applied, kg, which is the combined mass of all the dyeing and finishing materials applied during the compliance period, using Equation 5 of this section:

Where: Mt = Total mass of dyeing and finishing materials applied during the compliance period, kg. Mc, i = Mass of dyeing or finishing material, i, applied during the compliance period, kg. m = Number of dyeing and finishing materials applied during the compliance period.

(5) Calculate the organic HAP emission rate, kg organic HAP emitted per kg dyeing and finishing material applied, using Equation 6 of this section:

Where: Hyr = The organic HAP emission rate for the compliance period, kg of organic HAP emitted per kg of dyeing and finishing materials. He = Total mass of organic HAP emissions during the compliance period, kg, as calculated by Equation 4 of this section. Mt = Total mass of dyeing and finishing materials applied during the compliance period, kg, as calculated by Equation 5 of this section.

(6) Compliance demonstration. The organic HAP emission rate for the initial compliance period must be less than or equal to the applicable emission limit in Table 1 to this subpart. You must keep all records as required by §§ 63.4312 and 63.4313. As part of the Notification of Compliance Status required by § 63.4310, you must identify the dyeing/finishing operation(s) for which you used the emission rate without add-on controls option and submit a statement that the dyeing/finishing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in Table 1 to this subpart.

(i) If your affected source performs only dyeing operations, paragraphs (b)(1) through (5) of this section apply to dyeing materials only, and you must demonstrate compliance with the emission limit in Table 1 to this subpart for dyeing operations.

(ii) If your affected source performs only finishing operations, paragraphs (b)(1) through (5) of this section apply to finishing materials only, and you must demonstrate compliance with the emission limit in Table 1 to this subpart for finishing operations.

(iii) If your affected source performs both dyeing and finishing operations, paragraphs (b)(1) through (5) of this section apply to dyeing and finishing materials combined, and you must demonstrate compliance with the emission limit in Table 1 to this subpart for dyeing and finishing operations.

(c) If you choose to account for the mass of organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge in Equation 4 of this section, then you must determine it according to paragraphs (c)(1) through (5) of this section. You may include in the determination only wastewater streams that are generated by dyeing/finishing operations in the affected source for which you use Equation 4 of this section. You must determine the mass of organic HAP from the average organic HAP concentration and mass flow rate of each wastewater stream generated by the affected dyeing/finishing operation (or group of dyeing/finishing operations discharging to a common wastewater stream) for which you use this allowance. You must consider the actual or anticipated production over the compliance period and include all wastewater streams generated by the affected dyeing/finishing operation(s) during this period. A performance test of the organic HAP loading to the wastewater shall be performed for each operating scenario, as defined in § 63.4371, during the compliance period.

(1) Procedure to determine average organic HAP concentration. You must determine the average organic HAP concentration, Hw, of each wastewater stream according to paragraphs (c)(1)(i) through (vi) of this section.

(i) Sampling. Wastewater samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period (or over the period that wastewater is being discharged from a batch process if it is shorter than a 1-hour period). Each 1-hour period constitutes a run, and a performance test shall consist of a minimum of 3 runs.

(ii) Methods. You may use any of the methods specified in paragraphs (c)(1)(ii)(A) through (E) of this section to determine the organic HAP content of the wastewater stream. The method shall be an analytical method for wastewater which has the organic HAP compound discharged to the wastewater as a target analyte.

(A) Method 305. Use procedures specified in Method 305 of 40 CFR part 63, appendix A.

(B) Methods 624 and 625. Use procedures specified in Method 624 and Method 625 of 40 CFR part 136, appendix A and comply with the sampling protocol requirements specified in paragraph (c)(1)(iii) of this section. If these methods are used to analyze one or more compounds that are not on the method's published list of approved compounds, the Alternative Test Procedure specified in 40 CFR 136.4 and 136.5 shall be followed. For Method 625, make corrections to the compounds for which the analysis is being conducted based on the accuracy as recovery factors in Table 7 of the method.

(C) Methods 1624 and 1625. Use procedures specified in Method 1624 and Method 1625 of 40 CFR part 136, appendix A and comply with the sampling protocol requirements specified in paragraph (c)(1)(iii) of this section. If these methods are used to analyze one or more compounds that are not on the method's published list of approved compounds, the Alternative Test Procedure specified in 40 CFR 136.4 and 136.5 shall be followed.

(D) Other EPA method(s). Use procedures specified in the method and comply with the requirements specified in paragraphs (c)(1)(iii) and either paragraph (c)(1)(iv)(A) or (B) of this section.

(E) Methods other than EPA method. Use procedures specified in the method and comply with the requirements specified in paragraphs (c)(1)(iii) and paragraph (c)(1)(iv)(A) of this section.

(iii) Sampling plan. If you have been expressly referred to this paragraph by provisions of this subpart, you shall prepare a sampling plan. Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity. The sampling plan shall include procedures for determining recovery efficiency of the relevant organic HAP. An example of an example sampling plan would be one that incorporates similar sampling and sample handling requirements to those of Method 25D of 40 CFR part 60, appendix A. You shall maintain the sampling plan at the facility.

(iv) Validation of methods. You shall validate EPA methods other than Methods 305, 624, 625, 1624, 1625 using the procedures specified in paragraph (c)(1)(iv)(A) or (B) of this section.

(A) Validation of EPA methods and other methods. The method used to measure organic HAP concentrations in the wastewater shall be validated according to section 5.1 or 5.3, and the corresponding calculations in section 6.1 or 6.3, of Method 301 of appendix A of this part. The data are acceptable if they meet the criteria specified in section 6.1.5 or 6.3.3 of Method 301 of appendix A of this part. If correction is required under section 6.3.3 of Method 301 of appendix A of this part, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 of appendix A of this part are not required.

(B) Validation for EPA methods. Follow the procedures as specified in “Alternative Validation Procedure for EPA Waste Methods” 40 CFR part 63, appendix D.

(v) Calculate the average concentration. You shall calculate the average concentration for each individually speciated organic HAP compound by adding the individual values determined for the specific compound in each sample and dividing by the number of samples.

(vi) Adjustment for concentrations determined downstream of the point of determination. You shall make corrections to the specific compound average concentration or total organic HAP average concentration when the concentration is determined downstream of the point of determination at a location where either wastewater streams from outside of the affected dyeing/finishing operation or group of dyeing/finishing operations have been mixed with the affected wastewater stream or one or more affected wastewater streams have been treated. You shall make the adjustments either to the individual data points or to the final average organic HAP concentration.

(2) Procedures to determine mass flow rate. For each operating scenario, as defined in § 63.4371, for which you have determined the organic HAP content of the wastewater stream, you shall determine the annual average mass flow rate, Fw, of the wastewater stream either at the point of determination or downstream of the point of determination with adjustment for flow rate changes made according to paragraph (c)(2)(ii) of this section. The annual average mass flow rate for the wastewater stream shall be representative of actual or anticipated operation of the dyeing/finishing operation(s) generating the wastewater over the compliance period. You must determine the annual average mass flow rate of each wastewater stream according to paragraphs (c)(2)(i) and (ii) of this section.

(i) Procedures. The procedures specified in paragraphs (c)(2)(i)(A) through (C) of this section are considered acceptable procedures for determining the mass flow rate. They may be used in combination, and no one procedure shall take precedence over another.

(A) Knowledge of the wastewater. You may use knowledge of the wastewater stream and/or the process to determine the annual average mass flow rate. You shall use the maximum expected annual average production capacity of the dyeing/finishing operation(s), knowledge of the process, and/or mass balance information to either estimate directly the average wastewater mass flow rate for the compliance period or estimate the total wastewater mass flow for the compliance period and then factor the total mass by the percentage of time in the compliance period the operating scenario is expected to represent. Where you use knowledge to determine the annual average mass flow rate, you shall provide sufficient information to document the mass flow rate.

(B) Historical records. You may use historical records to determine the average annual mass flow rate. Derive the highest annual average mass flow rate of wastewater from historical records representing the most recent 5 years of operation, or if the dyeing/finishing operation(s) has(have) been in service for less than 5 years but at least 1 year, from historical records representing the total operating life of the process unit. Where historical records are used to determine the annual average mass flow rate, you shall provide sufficient information to document the mass flow rate.

(C) Measurement of mass flow rate. If you elect to measure mass flow rate, you shall comply with the requirements of this paragraph. Measurements shall be made at the point of determination, or at a location downstream of the point of determination with adjustments for mass flow rate changes made according to paragraph (c)(2)(ii) of this section. Where measurement data are used to determine the annual average mass flow rate, you shall provide sufficient information to document the mass flow rate.

(ii) Adjustment for flow rates determined downstream of the point of determination. You shall make corrections to the average annual mass flow rate of a wastewater stream when it is determined downstream of the point of determination at a location where either wastewater streams from outside of the affected dyeing/finishing operation or group of dyeing/finishing operations have been mixed with the affected wastewater stream or one or more wastewater streams have been treated. You shall make corrections for such changes in the annual average mass flow rate.

(3) Wastewater treatment. You shall document that the wastewater is either discharged to a POTW or onsite secondary wastewater treatment.

(4) Determine the mass of organic HAP in the affected wastewater. Determine the total mass of organic HAP, WW, contained in the wastewater streams characterized by the procedures in paragraphs (c)(1) and (2) of this section, using Equation 7 of this section:

Where: WW = The total mass of organic HAP contained in the wastewater streams characterized by the procedures in paragraphs (c)(1) and (2) of this section, kg/yr Hw,k = Average organic HAP concentration of wastewater stream k, ppmw Fw,k = Annual average mass flow rate of wastewater stream k, Mg/yr o = Number of wastewater streams characterized by the procedures in paragraphs (c)(1) and (2) of this section.

This is your allowance for organic HAP discharged to wastewater and not emitted to the atmosphere, WW in Equation 4.

(5) Determine the fraction of organic HAP applied that is discharged to the wastewater. For the purpose of taking credit for the wastewater allowance in continuous compliance demonstrations, determine the fraction of organic HAP applied in affected dyeing/finishing processes that is discharged to the wastewater, i.e., divide WW by the mass of organic HAP in the dyeing and finishing materials applied during the compliance period, A, as calculated in Equation 4A of this section. The wastewater allowance for this fraction of organic HAP that is not emitted from the affected dyeing/finishing operation(s) may be taken for each compliance period that the operating scenario, as defined in § 63.4371, does not change from conditions during the performance test in a way that could increase the fraction of organic HAP emitted (e.g., an increase in process temperature or decrease in process pressure or a change in the type or mass fraction of organic HAP entering the dyeing/finishing operation.) The allowance, WW, must be calculated by multiplying the fraction of organic HAP applied in affected processes that is discharged to the wastewater determined from the most recent performance test by the mass of organic HAP in the dyeing and finishing materials applied during the compliance period, A, as calculated in Equation 4A of this section.

(d) If you are determining the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater, to demonstrate compliance with the equivalent emission rate option of § 63.4291(c)(4), then you must determine it according to paragraphs (d)(1) through (5) of this section. You must include in the determination only wastewater streams generated by dyeing/finishing operations in your affected source. You shall determine the mass of organic HAP from the average organic HAP concentration and mass flow rate of each wastewater stream generated by each dyeing/finishing operation (or group of dyeing/finishing operations discharging to a common wastewater stream) in your affected source. You shall consider the actual or anticipated production over the compliance period and include all wastewater streams generated by the affected dyeing/finishing operation(s) during this period. A performance test of the organic HAP loading to the wastewater shall be conducted for each operating scenario, as defined in § 63.4371, during the compliance period.

(1) Procedure to determine average organic HAP concentration. You must determine the average organic HAP concentration of each wastewater stream according to paragraphs (c)(1)(i) through (vi) of this section.

(2) Procedures to determine mass flow rate. For each operating scenario, as defined in § 63.4371, for which you have determined the organic HAP content of the wastewater stream, you shall determine the annual average mass flow rate of the wastewater stream either at the point of determination, or downstream of the point of determination with adjustment for flow rate changes made according to paragraph (c)(2)(ii) of this section. The annual average mass flow rate for the wastewater stream shall be representative of actual or anticipated operation of the dyeing/finishing operation(s) generating the wastewater over the compliance period. You must determine the annual average mass flow rate of each wastewater stream according to paragraphs (c)(2)(i) and (ii) of this section.

(3) Wastewater treatment. You shall document that the wastewater is either discharged to a POTW or onsite secondary wastewater treatment.

(4) Determine the mass of organic HAP in the affected wastewater. Determine the total mass of organic HAP, WW, contained in the wastewater streams characterized by the procedures in paragraphs (d)(1) and (2) of this section, using Equation 7 of this section.

(5) Determine the fraction of organic HAP applied that is discharged to the wastewater. Determine the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater, i.e., divide WW by the mass of organic HAP in the dyeing and finishing materials applied during the compliance period, A, as calculated in Equation 4A of this section. One of the conditions that must be met to demonstrate compliance with the equivalent emission rate option is that the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater must be at least 90 percent.