(a) Compliance deadlines. (1) If you have an existing affected source or a new or reconstructed affected source for which construction or reconstruction commenced on or before August 16, 2019, each BOPF Group at your facility must be in compliance with the applicable mercury emission limit in Table 1 of this subpart through performance testing under §§ 63.7825 and 63.7833, or through procurement of steel scrap pursuant to the compliance options in § 63.7791(c), (d), or (e) beginning July 13, 2021.

(2) If you have a new or reconstructed affected source for which construction or reconstruction commenced after August 16, 2019, each BOPF Group at that source must be in compliance with the applicable mercury emission limit in Table 1 of this subpart beginning July 13, 2020 or upon initial startup of your affected source, whichever is later.

(b) Alternative compliance demonstration. (1) As an alternative to demonstrating compliance with the emission limits in Table 1 by conducting performance tests pursuant to §§ 63.7825 and 63.7833(h), you may demonstrate compliance with the emission limits in Table 1 by procuring scrap pursuant to the requirements in paragraph (c), (d), or (e) of this section for each scrap provider, contract, or shipment. It is not necessary to use the same BOPF scrap compliance provision for all scrap providers, contracts, or shipments. You may procure some scrap through providers, contracts, or shipments pursuant to one BOPF scrap compliance provision and other scrap through providers, contracts, or shipments pursuant to other BOPF scrap compliance provisions.

(2) To utilize the alternative compliance options established in paragraph (b)(1) of this section, you must submit an initial certification of compliance and semiannual compliance reports consistent with the requirements of §§ 63.7840(f) and 63.7841(b)(9) through (11), and (13), and comply with the recordkeeping requirements in § 63.7842(e) and all other applicable provisions related to demonstrating compliance through participating in an approved mercury program or through the use of scrap that does not contain mercury switches.

(3) For any facility that initially elects to utilize the alternative compliance options established in paragraph (b)(1) of this section, but subsequently stops using scrap that meets the requirements of paragraph (c), (d), or (e) of this section for each scrap provider, contract, or shipment, within 180 days of the change you must, for that BOPF Group, demonstrate compliance through performance testing pursuant to the requirements of §§ 63.7825 and 63.7833(h), and submit a revised notice of compliance status in your next semiannual compliance report described in this section. You must also comply with the requirements for conducting subsequent performance tests in §§ 63.7821(e) and 63.7840(g), and all other applicable requirements related to demonstrating compliance with the emission limits through performance testing.

(c) Participation in the NVMSRP. (1) You must obtain all post-consumer scrap that contains motor vehicle scrap from scrap providers who participate in the NVMSRP. The NVMSRP is an EPA-approved program under this section unless and until the Administrator disapproves the program (in part or in whole);

(2) You must certify in your initial notification of compliance status required by § 63.7840(f) and semiannual compliance report required by § 63.7841(a) that you purchased post-consumer steel scrap containing motor vehicle scrap according to paragraph (c)(1) of this section, and identify all your scrap providers in your semiannual compliance report;

(3) If you purchase scrap from a broker, you must certify that all scrap received from that broker was obtained from other scrap providers who participate in the NVMSRP and identify all scrap providers used by all your scrap brokers in your semiannual compliance report; and

(4) You must conduct periodic inspections or provide other means of corroboration to ensure that scrap providers and brokers participate in the NVMSRP and, therefore, are aware of the need for and are implementing appropriate steps to minimize the presence of mercury in scrap from end-of-life vehicles.

(d) Use of scrap that does not contain mercury switches. For BOPF scrap not complying with the requirements in paragraph (c) or (e) of this section, you must certify in your initial notification of compliance report required by § 63.7840(f) and semiannual compliance report required by § 63.7841(a) and maintain records of documentation required by § 63.7842(e) establishing that the scrap does not contain mercury switches. You may satisfy this requirement by certifying and documenting that:

(1) The scrap does not contain motor vehicle scrap; or

(2) The scrap does not contain shredded motor vehicle scrap; or

(3) The only materials from motor vehicles in the scrap are materials recovered for their specialty alloy content (including, but not limited to, chromium, nickel, molybdenum, or other alloys); therefore, based on the type of the scrap and purchase specifications, the scrap does not contain mercury switches.

(e) Use of an EPA-approved mercury removal program. (1) You must obtain all post-consumer scrap containing motor vehicle scrap from scrap providers who participate in a program for the removal of mercury switches that has been approved by the Administrator;

(2) You must certify in your initial notification of compliance status required by § 63.7840(f) and semiannual compliance report required by § 63.7841(a) that you purchase post-consumer steel scrap containing motor vehicle scrap according to paragraph (e)(1) of this section and identify all your scrap providers in your semiannual compliance report;

(3) If you purchase scrap from a broker, you must certify that all scrap received from that broker was obtained from other scrap providers who participate in a program for the removal of mercury switches that has been approved by the Administrator and identify all scrap providers used by all your scrap brokers in your semiannual compliance report; and

(4) You must conduct periodic inspections or provide other means of corroboration to ensure that scrap providers and brokers are complying with the approved mercury removal program and, therefore, are aware of the need for and are implementing appropriate steps to minimize the presence of mercury in scrap from end-of-life vehicles.

[85 FR 42115, July 13, 2020, as amended at 89 FR 23320, Apr. 3, 2024]