(a) Except as provided in §63.304 or §63.305, on and after the dates specified in this paragraph, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere, coke oven emissions from each affected existing by-product coke oven battery that exceed any of the following emission limitations or requirements:

(1) On and after December 31, 1995;

(i) For coke oven doors;

(A) 6.0 percent leaking coke oven doors for each tall by-product coke oven battery, as determined according to the procedures in §63.309(d)(1); and

(B) 5.5 percent leaking coke oven doors for each short by-product coke oven battery, as determined according to the procedures in §63.309(d)(1);

(ii) 0.6 percent leaking topside port lids, as determined by the procedures in §63.309(d)(1);

(iii) 3.0 percent leaking offtake system(s), as determined by the procedures in §63.309(d)(1); and

(iv) 12 seconds of visible emissions per charge, as determined by the procedures in §63.309(d)(2).

(2) On and after January 1, 2003, unless the Administrator promulgates more stringent limits pursuant to section 112(f) of the Act;

(i) 5.5 percent leaking coke oven doors for each tall by-product coke oven battery, as determined by the procedures in §63.309(d)(1); and

(ii) 5.0 percent leaking coke oven doors for each short by-product coke oven battery, as determined by the procedures in §63.309(d)(1).

(3) On and after July 14, 2005;

(i) 4.0 percent leaking coke oven doors for each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in §63.309(d)(1);

(ii) 3.3 percent leaking coke oven doors for each by-product coke oven battery not subject to the emission limitation in paragraph (a)(3)(i) of this section, as determined by the procedures in §63.309(d)(1);

(iii) 0.4 percent leaking topside port lids, as determined by the procedures in §63.309(d)(1);

(iv) 2.5 percent leaking offtake system(s), as determined by the procedures in §63.309(d)(1); and

(v) 12 seconds of visible emissions per charge, as determined by the procedures in §63.309(d)(2).

(b) Except as provided in paragraph (c) of this section, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere, coke oven emissions from a by-product coke oven battery subject to the applicability requirements in §63.300(b) that exceed any of the following emission limitations:

(1) 0.0 percent leaking coke oven doors, as determined by the procedures in §63.309(d)(1);

(2) 0.0 percent leaking topside port lids, as determined by the procedures in §63.309(d)(1);

(3) 0.0 percent leaking offtake system(s), as determined by the procedures in §63.309(d)(1); and

(4) 34 seconds of visible emissions per charge, as determined by the procedures in §63.309(d)(2).

(c) The emission limitations in paragraph (b) of this section do not apply to the owner or operator of a by-product coke oven battery that utilizes a new recovery technology, including but not limited to larger size ovens, operation under negative pressure, and processes with emission points different from those regulated under this subpart. An owner or operator constructing a new by-product coke oven battery or reconstructing an existing by-product recovery battery that utilizes a new recovery technology shall:

(1) Notify the Administrator of the intention to do so, as required in §63.311(c); and

(2) Submit, for the determination under section 112(g)(2)(B) of the Act, and as part of the application for permission to construct or reconstruct, all information and data requested by the Administrator for the determination of applicable emission limitations and requirements for that by-product coke oven battery.

(d) Emission limitations and requirements applied to each coke oven battery utilizing a new recovery technology shall be less than the following emission limitations or shall result in an overall annual emissions rate for coke oven emissions for the battery that is lower than that obtained by the following emission limitations:

(1) 4.0 percent leaking coke oven doors on tall by-product coke oven batteries, as determined by the procedures in §63.309(d)(1);

(2) 3.3 percent leaking coke oven doors on short by-product coke oven batteries, as determined by the procedures in §63.309(d)(1);

(3) 2.5 percent leaking offtake system(s), as determined by the procedures in §63.309(d)(1);

(4) 0.4 percent leaking topside port lids, as determined by the procedures in §63.309(d)(1); and

(5) 12 seconds of visible emissions per charge, as determined by the procedures in §63.309(d)(2).

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005]