§ 63.190 Applicability and designation of source.
(a) This subpart provides applicability provisions, definitions, and other general provisions that are applicable to sources subject to this subpart.
(b) Except as provided in paragraph (b)(7) of this section, the provisions of subparts I and H of this part apply to emissions of the designated organic HAP from the processes specified in paragraphs (b)(1) through (b)(6) of this section that are located at a plant site that is a major source as defined in section 112(a) of the Act. The specified processes are further defined in § 63.191.
(1) Styrene-butadiene rubber production (butadiene and styrene emissions only).
(2) Polybutadiene rubber production (butadiene emissions only).
(3) The processes producing the agricultural chemicals listed in paragraphs (b)(3)(i) through (b)(3)(v) of this section (butadiene, carbon tetrachloride, methylene chloride, and ethylene dichloride emissions only).
(i) Captafol ®,
(ii) Captan ®,
(iii) Chlorothalonil,
(iv) Dacthal, and
(v) Tordon ® acid.
(4) Processes producing the polymers/resins or other chemical products listed in paragraphs (b)(4)(i) through (b)(4)(vi) of this section (carbon tetrachloride, methylene chloride, tetrachloroethylene, chloroform, and ethylene dichloride emissions only).
(i) Hypalon ®,
(ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA ®),
(iii) Polycarbonates,
(iv) Polysulfide rubber,
(v) Chlorinated paraffins, and
(vi) Symmetrical tetrachloropyridine.
(5) Pharmaceutical production processes using carbon tetrachloride or methylene chloride (carbon tetrachloride and methylene chloride emissions only).
(6) Processes producing the polymers/resins or other chemical products listed in paragraphs (b)(6)(i) through (b)(6)(v) of this section (butadiene emissions only).
(i) [Reserved]
(ii) Methylmethacrylate-butadiene-styrene resins (MBS)
(iii) Butadiene-furfural cotrimer,
(iv) Methylmethacrylate-acrylonitrile-butadiene-styrene (MABS) resins, and
(v) Ethylidene norbornene.
(7) The owner or operator of a plant site at which a process specified in paragraphs (b)(1) through (b)(6) of this section is located is exempt from all requirements of this subpart I until not later than April 22, 1997 if the owner or operator certifies, in a notification to the appropriate EPA Regional Office, not later than May 14, 1996, that the plant site at which the process is located emits, and will continue to emit, during any 12-month period, less than 10 tons per year of any individual HAP, and less than 25 tons per year of any combination of HAP.
(i) If such a determination is based on limitations and conditions that are not federally enforceable (as defined in subpart A of this part), the owner or operator shall document the basis for the determination as specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C).
(A) The owner or operator shall identify all HAP emission points at the plant site, including those emission points subject to and emission points not subject to subparts F, G, and H of this part;
(B) The owner or operator shall calculate the amount of annual HAP emissions released from each emission point at the plant site, using acceptable measurement or estimating techniques for maximum expected operating conditions at the plant site. Examples of estimating procedures that are considered acceptable include the calculation procedures in § 63.150 of subpart G, the early reduction demonstration procedures specified in §§ 63.74(c)(2), (c)(3), (d)(2), (d)(3), and (g), or accepted engineering practices. If the total annual HAP emissions for the plant site are annually reported under EPCRA section 313, then such reported annual emissions may be used to satisfy the requirements of this paragraph.