[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6043]


[[Page Unknown]]

[Federal Register: April 22, 1994]


_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63




National Emission Standards for Hazardous Air Pollutants for Certain 
Source Categories; Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL 4846-2]
RIN 2060-AC 19

 
National Emission Standards for Hazardous Air Pollutants for 
Source Categories; Organic Hazardous Air Pollutants from the Synthetic 
Organic Chemical Manufacturing Industry and Other Processes Subject to 
the Negotiated Regulation for Equipment Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On December 31, 1992, the EPA proposed to regulate the 
emissions of certain organic hazardous air pollutants from synthetic 
organic chemical manufacturing industry (SOCMI) production processes 
which are part of major sources under section 112 of the Clean Air Act 
as amended in 1990 (the Act). This Federal Register action announces 
the EPA's final decisions on the rule which is referred to as the 
hazardous organic NESHAP or the HON.
    The HON requires sources to achieve emission limits reflecting the 
application of the maximum achievable control technology consistent 
with sections 112(d) and 112(h) of the Act. The rule regulates the 
emissions of 112 of the organic chemicals identified in the Act's list 
of 189 hazardous air pollutants at both new and existing SOCMI sources 
and from equipment leaks at sources in certain polymer and resin 
production processes, certain pesticide production processes, and 
certain miscellaneous processes as described in the Source Category 
Schedule for Standards (58 FR 63941). The EPA is also finalizing 
Methods 304 and 305 with the standard. These methods can be used to 
demonstrate compliance with control requirements for wastewater 
streams.

EFFECTIVE DATE: April 22, 1994. The incorporation by reference of 
certain publications in these standards is approved by the Director of 
the Office of the Federal Register as of April 22, 1994. The 
information collection requirements contained in 40 CFR Part 63 
subparts F, G, H, and I have not been approved by the Office of 
Management and Budget (OMB) and are not effective until OMB has 
approved them.
    See Supplementary Information section concerning judicial review.

ADDRESSES:
    Dockets. The following dockets contain supporting information used 
in developing the proposed rule. Docket Number A-90-19 contains 
information specific to process vents, emissions averaging and general 
information used to characterize emissions and control costs for the 
industry; Docket A-90-20 contains information on equipment leaks; 
Docket A-90-21 contains information on storage vessels; Docket A-90-22 
contains information on transfer operations; and Docket A-90-23 
contains information specific to wastewater operations. Supporting 
information used in developing the negotiated standard for equipment 
leaks is available in Docket Number A-89-10. These dockets are 
available for public inspection and copying between 8 a.m. and 4 p.m., 
Monday through Friday, at the EPA's Air and Radiation Docket and 
Information Center (formerly known as the Air Docket), room M1500, U. 
S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Standards 
Development Branch, Emission Standards Division (MD-13), U. S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Research Triangle Park, North Carolina 27711, telephone 
number (919) 541-5299.

SUPPLEMENTARY INFORMATION: Under section 307(b)(1) of the Act, judicial 
review of NESHAP is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
within 60 days of today's publication of this rule. Under section 
307(b)(2) of the Act, the requirements that are the subject of today's 
notice may not be challenged later in civil or criminal proceedings 
brought by the EPA to enforce these requirements.
    The following outline is provided to aid in reading the preamble to 
the standards.

I. Definitions, Acronyms, and Abbreviations
    A. Definitions
    B. Acronyms
    C. Abbreviations
II. Background
    A. Development of Hazardous Organic NESHAP and Public 
Participation
    B. Previous Federal Register Citations and Background Documents
    C. Statutory Requirements for NESHAP
III. Summary of Promulgated Rule and Significant Changes
    A. Summary of Subpart F
    B. Summary of Subpart G
    C. Summary of Subpart H
    D. Summary of Subpart I
IV. Impacts
    A. Environmental Impacts
    B. Energy Impacts
    C. Cost Impacts
    D. Economic Impacts
V. Summary of Significant Comments and Associated Changes to the 
Proposed Subparts F and G
    A. Selection of Source Category and Source
    B. Selection of Pollutants
    C. Selection of the Rule
    D. Emissions Averaging
    E. Compliance, Recordkeeping, and Reporting
    F. Coordination with Other Clean Air Act Requirements
    G. Miscellaneous Technical Comments
VI. Summary of Significant Comments and Changes to Proposed Subpart 
H
    A. Applicability
    B. Compliance Schedule
    C. Selection of Requirements
    D. Recordkeeping and Reporting
VII. Administrative requirements
    A. Docket
    B. Executive Order 12866
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act
    E. Review

I. Definitions, Acronyms, and Abbreviations

    The following lists of definitions, acronyms, and abbreviations for 
units of measure are provided to aid in reading the preamble to the 
final rule. Additional definitions are provided near the beginning of 
subparts F, G, H, and I.

A. Definitions

    The following definitions were developed for use in preparing and 
describing the final rule.
    Control device means any equipment used for recovering or oxidizing 
organic hazardous air pollutant vapors. Such equipment includes, but is 
not limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents, recovery 
devices are not considered control devices.
    Discount factor is a specified percentage used to reduce the value 
of emission credits. A discount factor of 10 percent reduces 10 Mg of 
potential emission credits to 9 Mg of actual emission credits that 
could be used to balance an emissions debit. For regulatory purposes, a 
10 percent discount factor is represented as 0.9 in credit estimation 
equations.
    Emissions averaging is a means of complying with subpart G of part 
63 at existing sources. Emissions averaging allows a source to create 
emission credits by reducing emissions from specific points to a level 
below that required by subpart G. Those credits are used to offset 
emission debits from points that are not controlled to the level 
required by subpart G.
    Emission credits are excess emission reductions above those 
required by subpart G that are used to offset emission debits in 
emissions averaging.
    Emission debits are increased emissions that result when a source 
elects not to control a Group 1 emission point to the level required by 
subpart G.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Group 1 emission point means an individual process vent, storage 
vessel, transfer rack, or wastewater stream that satisfies the 
applicability criteria for the control requirements of subpart G.
    Group 2 emission point means an individual process vent, storage 
vessel, transfer rack, or wastewater stream that does not satisfy the 
applicability criteria for the control requirements of subpart G.
    Halogenated vent stream or halogenated stream means a vent stream 
from a process vent or transfer operation determined to have a mass 
emission rate of halogen atoms contained in organic compounds of 0.45 
kilograms per hour or greater.
    Hazardous Air Pollutant or HAP means any air pollutant listed under 
section 112(b) of the Act.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Reference control technology means a device or devices that can be 
used to comply with the control requirements in subpart G. Subpart G 
specifies the reference control technologies for each kind of emission 
point and establishes a control efficiency that the devices should 
achieve when being used to comply with this rule.
    Very volatile hazardous air pollutant or very volatile HAP means 
one of the chemicals listed in table 8 of subpart G.
    Volatile organic concentration or VO concentration refers to the 
concentration of organic compounds (including both hazardous air 
pollutant and nonhazardous air pollutant organic compounds) in a 
wastewater stream that is measured by Method 25D, as found in 40 CFR 
60, appendix A.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the concentration of an individually-speciated 
organic hazardous air pollutant in a wastewater stream or a residual 
that is measured by proposed Method 305.
    Waste management unit means any component, piece of equipment, 
structure, or transport mechanism used in conveying, storing, treating, 
or disposing of any waste, including a wastewater stream or a residual. 
Wastewater tanks are an example of a waste management unit.
    Wastewater means organic hazardous air pollutant-containing water, 
raw material, intermediate, product, by- product, co-product, or waste 
material that is discharged into an individual drain system and either:
    (1) contains a concentration of at least 5 parts per million by 
weight total organic hazardous air pollutant and has a flow rate of 
0.02 liter per minute or greater; or
    (2) contains a concentration of at least 10,000 parts per million 
by weight total organic hazardous air pollutant at any flow rate.
    Wastewater includes process wastewater and maintenance wastewater.

B. Acronyms 

------------------------------------------------------------------------
 Acronym                                Term                            
------------------------------------------------------------------------
Act.......  Clean Air Act.                                              
ALAPCO....  Association of Local Air Pollution Control Officers.        
ASPEN.....  Advanced system for process engineering.                    
BACT......  Best available control technology.                          
BAT.......  Best available technology.                                  
BD........  Butadiene.                                                  
BID.......  Background information document.                            
BIF.......  Boilers and industrial furnaces.                            
CEM.......  Continuous emissions monitoring.                            
CFR.......  Code of Federal Regulations.                                
CMA.......  Chemical Manufacturers Association.                         
CMPU......  Chemical manufacturing process unit.                        
CO........  Carbon monoxide.                                            
CTG.......  Control techniques guideline.                               
CWA.......  Clean Water Act.                                            
DMS.......  Dual mechanical seal.                                       
DOT.......  Department of Transportation.                               
DRE.......  Destruction and removal efficiency.                         
EB/S......  Ethylbenzene/styrene.                                       
EDC.......  Ethylene dichloride.                                        
EFR.......  External floating roof.                                     
EO........  Ethylene oxide.                                             
E.O.......  Executive Order.                                            
EPA.......  Environmental Protection Agency.                            
Fe........  Fraction emitted.                                           
Fm........  Fraction measured.                                          
FR........  Federal Register.                                           
Fr........  Fraction removed.                                           
FTIR......  Fourier transform infrared.                                 
HAP.......  Hazardous air pollutant.                                    
HON.......  Hazardous organic national emission standards for hazardous 
             air pollutants.                                            
IFR.......  Internal floating roof.                                     
LDAR......  Leak detection and repair.                                  
LAER......  Lowest achievable emission rate.                            
MACT......  Maximum achievable control technology.                      
MIBK......  Methyl isobutyl ketone.                                     
MR........  Mass removal (actual).                                      
NCS.......  Notification of Compliance Status.                          
NESHAP....  National emission standards for hazardous air pollutants.   
NOX.......  Nitrogen oxides.                                            
NPDES.....  National Pollutant Discharge Elimination System.            
NRDC......  Natural Resources Defense Council.                          
NSPS......  New source performance standards.                           
NSR.......  New source review.                                          
OCCM......  Office of Air Quality Planning and Standards Control Cost   
             Manual.                                                    
OCPSF.....  Organic chemicals, plastics, and synthetic fibers.          
OMB.......  Office of Management and Budget.                            
OSHA......  Occupational Safety and Health Administration.              
P.L.......  Public Law.                                                 
PAV.......  Product accumulator vessel.                                 
POM.......  Polycyclic organic matter.                                  
POTW......  Publicly owned treatment works.                             
PRA.......  Paperwork Reduction Act.                                    
PRV.......  Pressure relief valve.                                      
PSD.......  Prevention of significant deterioration.                    
QIP.......  Quality improvement program.                                
R&D.......  Research and development.                                   
RCRA......  Resource Conservation and Recovery Act.                     
RCT.......  Reference control technology.                               
RIA.......  Regulatory Impact Analysis.                                 
RMR.......  Required mass removal.                                      
SARA......  Superfund Amendment and Reauthorization Act.                
SIP.......  State Implementation Plan.                                  
SMS.......  Single mechanical seal.                                     
SOCMI.....  Synthetic organic chemical manufacturing industry.          
STAPPA....  State and Territorial Air Pollution Program Administrators. 
TAC.......  Total annual cost.                                          
TACB......  Texas Air Control Board.                                    
TCI.......  Total capital investment.                                   
THC.......  Total hydrocarbon.                                          
TIC.......  Total industry control.                                     
TOC.......  Total organic compound.                                     
TRE.......  Total resource effectiveness.                               
TRI.......  Toxics release inventory.                                   
TSDF......  Treatment, storage, and disposal facility.                  
VHAP......  Volatile hazardous air pollutant.                           
VO........  Volatile organics measurable by Method 25D.                 
VOC.......  Volatile organic compound.                                  
VOHAP.....  Volatile organic hazardous air pollutant.                   
------------------------------------------------------------------------

C. Abbreviations 

------------------------------------------------------------------------
  Abbreviation                        Unit of measure                   
------------------------------------------------------------------------
bbl.............  Barrel.                                               
BOE.............  Barrels of oil equivalent.                            
Btu.............  British thermal unit.                                 
Btu/kW-hr.......  British thermal unit per kilowatt-hour.               
 deg.C..........  Degrees Celsius.                                      
 deg.F..........  Degrees Fahrenheit.                                   
gal.............  Gallon.                                               
gpm.............  Gallons per minute.                                   
hr..............  Hour.                                                 
kg/hr...........  Kilograms per hour.                                   
kPa.............  Kilopascals.                                          
kW-hr/yr........  Kilowatt-hour per year.                               
l/hourm2  Liters per hour per square meter.                     
lpm.............  Liters per minute.                                    
gal.............  Gallons.                                              
m3..............  Cubic meters.                                         
Mg..............  Megagrams.                                            
mg..............  Milligrams.                                           
mg/dscm.........  Milligram per dry standard cubic meter.               
MW..............  Megawatts.                                            
ppb.............  Parts per billion.                                    
ppm.............  Parts per million.                                    
ppmv............  Parts per million by volume.                          
ppmw............  Parts per million by weight.                          
psia............  Pounds per square inch absolute.                      
scm/min.........  Standard cubic meter per minute.                      
TJ..............  Terajoules.                                           
yr..............  Year.                                                 
------------------------------------------------------------------------

II. Background

A. Development of Hazardous Organic NESHAP and Public Participation

    On December 31, 1992, the EPA proposed to regulate, under section 
112 of the Act, the emissions of 112 organic HAP's from SOCMI processes 
which are part of major sources. Following publication of the proposed 
rule, two public hearings were held and 339 written comments were 
received regarding the proposed rule. The EPA considered all public 
comments and made appropriate changes to the provisions. The final rule 
issued today represents the EPA's final decisions for the MACT standard 
for the SOCMI.
    A background information document summarizing and responding to 
legal comments and technical comments pertaining to this rulemaking may 
be obtained from either: (1) The National Technical Information Service 
(NTIS), 5285 Port Royal Road, Springfield, VA 22161, telephone (703) 
487-4650, or (2) the EPA Technology Transfer Network (TTN). The TTN is 
an electronic bulletin board system which is free, except for the 
normal long distance charges. To access the HON BID: (1) Set software 
to data bits: 8, N; stop bits: 1; (2) Use access number (919) 541-5742 
for 1200, 2400, or 9600 bps modems [access problems should be directed 
to the system operator at (919) 541-5384]; (3) Specify TTN Bulletin 
Board: Clean Air Act Amendments; and (4) Select menu item: Recently 
Signed Rules.
    Please refer to ``Hazardous Air Pollutant Emissions from Process 
Units in the Synthetic Organic Chemical Manufacturing Industry--
Background Information for Promulgated Standards,'' and specify volume 
number(s).
     Volume 2A: Comments on Process Vents, Storage Vessels, 
Transfer Operations, and Equipment Leaks (EPA-453/R-94-003a);
     Volume 2B: Comments on Wastewater (EPA-453/R-94-003b);
     Volume 2C: Comments on Emissions Averaging (EPA-453/R-94-
003c);
     Volume 2D: Comments on Applicability, National Impacts, 
and Overlap with Other Rules (EPA-453/R-94-003d);
     Volume 2E: Comments on Recordkeeping, Reporting, 
Compliance, and Test Methods (EPA-453/R-94-003e); and
     Volume 2F: Commenter Identification List (EPA-453/R-94-
003f).

B. Previous Federal Register Citations and Background Documents

    Previous Federal Register Notices. Previous Federal Register 
notices pertaining to this rulemaking are listed below in chronological 
order. Since the complete Federal Register citation and dates are 
listed here, they will not be repeated throughout this notice. Where 
appropriate, an abbreviated descriptive title used to refer to the 
document throughout this notice is also listed.
    (1) ``National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Organic Hazardous Air Pollutants from the Synthetic 
Organic Chemical Manufacturing Industry and Seven Other Processes; 
Proposed rule and notice of public hearing,'' 57 FR 62608, December 31, 
1992. Proposal notice.
    (2) ``National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Organic Hazardous Air Pollutants from the Synthetic 
Organic Chemical Manufacturing Industry and Seven Other Processes; 
Correction,'' 58 FR 11667, February 26, 1993. Correction notice.
    (3) ``National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Organic Hazardous Air Pollutants from the Synthetic 
Organic Chemical Manufacturing Industry and Seven Other Processes; 
Reopening of public comment period and correction to Regulatory 
Flexibility Act certification,'' 58 FR 53478, October 15, 1993. 
Supplemental notice.
    Previous Background Documents. The following is a listing of 
background documents pertaining to this rulemaking. The complete title, 
EPA publication number, publication date, and National Technical 
Information Service [NTIS] numbers are included. Where appropriate, an 
abbreviated descriptive title used to refer to the document throughout 
this notice is also listed.
    (1) ``Hazardous Air Pollutant Emissions from Process Units in the 
Synthetic Organic Chemical Manufacturing Industry--Background 
Information for Proposed Standards, Volume 1A: National Impacts 
Assessment,'' EPA-453/D-92-016a. November 1992. (NTIS Number PB93-
156552) (Docket item A-90-19: III-B-1). Proposal BID Volume 1A.
    (2) ``Hazardous Air Pollutant Emissions from Process Units in the 
Synthetic Organic Chemical Manufacturing Industry--Background 
Information for Proposed Standards, Volume 1B: Control Technologies,'' 
EPA-453/D-92-016b. November 1992. (NTIS Number PB93-156560) (Docket 
Item A-90-19: III-B-1). Proposal BID Volume 1B.
    (3) ``Hazardous Air Pollutant Emissions from Process Units in the 
Synthetic Organic Chemical Manufacturing Industry--Background 
Information for Proposed Standards, Volume 1C: Model Emission 
Sources,'' EPA-453/D-92-016c. November 1992. (NTIS Number PB93-156578) 
(Docket item A-90-19: III-B-1). Proposal BID Volume 1C.

C. Statutory Requirements for NESHAP

    Section 112 of the Act requires that the EPA establish regulations 
setting emission standards for categories of sources of HAP emissions. 
In addition, the Act sets out specific criteria for establishing a 
minimum level of control, and criteria to be considered in evaluating 
control options more stringent than the minimum control level. For most 
of these rules, assessment and control of any remaining unacceptable 
health risk is to occur 8 years after they are promulgated. However, 
for the rules required to be promulgated in the first 2 years after 
enactment, EPA is not required to conduct this assessment until 9 years 
after promulgation.
    Specifically, section 112(c), as amended, directs the Administrator 
to develop a list of all categories or subcategories of major sources 
and such categories or subcategories of area sources that meet the 
requirements of section 112(c)(3), emitting any of the HAP's listed in 
section 112(b). Section 112(d) directs the Administrator to promulgate 
emission standards for each listed category or subcategory of HAP 
sources. Such standards will be applicable to both new and existing 
sources and shall require:

    * * * the maximum degree of reduction in emissions of the 
hazardous air pollutants subject to this section (including a 
prohibition on such emissions, where achievable) that the 
Administrator, taking into consideration the cost of achieving such 
emission reduction, and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable for new 
and existing sources in the category or subcategory to which such 
emission standard applies * * *

42 U.S.C. 7412(d)(2).
    The Amendments further provide that ``the maximum degree of 
reduction in emissions that is deemed achievable'' shall be subject to 
a ``floor'' which is determined differently for new and existing 
sources. For new sources the standards set shall not be any less 
stringent than ``the emission control that is achieved in practice by 
the best controlled similar source.'' For existing sources, the 
standards may not be less stringent than the average emission 
limitation achieved by the best performing 12 percent of existing 
sources in each category or subcategory of 30 or more sources. (Smaller 
categories or subcategories are limited to the average of the best 
performing five sources in the category or subcategory.)

III. Summary of Promulgated Rule and Significant Changes

    This section of the notice summarizes the final rule and 
significant changes made in response to public comment. The rationale 
for specific provisions and changes is explained in sections V and VI.
    The rule consists of four subparts in 40 CFR part 63. Subpart F 
provides the applicability criteria for SOCMI sources, requires that 
owners and operators of SOCMI sources comply with subparts G and H, and 
specifies general recordkeeping and reporting requirements. The 
specific control, monitoring, reporting, and recordkeeping requirements 
are stated in subpart G for process vents, storage vessels, transfer 
racks, and wastewater streams, and in subpart H for equipment leaks. 
Subpart I provides the applicability criteria for the non-SOCMI 
processes subject to the negotiated regulation for equipment leaks and 
requires owners and operators to comply with subpart H.

A. Summary of Subpart F

    Subpart F lists the HAP's regulated by this rule and specifies what 
is included in the SOCMI source category and thus subject to the 
requirements in subparts F, G, and H. In the final rule, the EPA has 
revised the procedures for determining applicability to more clearly 
indicate the boundaries between processes (i.e., where one process ends 
and the next begins). In addition, subpart F presents definitions and 
general information on compliance, reporting, and recordkeeping 
requirements that are applicable for sources subject to subparts G and 
H.
1. Regulated Pollutants
    Subpart F lists 112 organic HAP's that the EPA has determined may 
be emitted from SOCMI processes because they are either produced as a 
product or used as a reactant. The emissions of these 112 organic 
chemicals are regulated by subparts F, G, and H.
2. Definition of Source Category and Source
    The rule applies to chemical manufacturing process units that are: 
(1) Part of a major source as defined in section 112 of the Act; (2) 
produce as a primary product a SOCMI chemical listed in table 1 of 
subpart F; and (3) use as a reactant or manufacture as a product, by-
product, or co-product one or more of the organic HAP's listed in table 
2 of subpart F. A chemical manufacturing process unit is subject to the 
provisions of subparts F, G, and H only if all of the above three 
conditions are satisfied. Table 1 of subpart F is a list of 385 
chemicals which defines SOCMI products that may be produced by a HAP-
emitting process.
    For the SOCMI source category, a source comprises all the SOCMI 
chemical manufacturing process units that are subject to the rule and 
are located at contiguous or adjoining properties under common control. 
Subpart F defines the SOCMI source as the collection of process vents; 
storage vessels; transfer racks; wastewater and the associated 
treatment residuals; and pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems in the relevant 
chemical manufacturing process units. As listed above, the first four 
kinds of emission points in a SOCMI source are subject to subparts F 
and G. However, SOCMI equipment leaks are subject to subparts F and H. 
As such, a SOCMI source is subject to three of the HON's four subparts.
3. Other Provisions
    Subpart F establishes the compliance dates for new and existing 
sources and requires the source be properly operated and maintained at 
all times. Sources are required to develop a start-up, shutdown, and 
malfunction plan which includes a description of procedures for 
managing wastewaters generated during maintenance. Monitoring of 
cooling water is also required to detect leaks in heat exchange 
equipment. If a leak is detected, the heat exchanger must be repaired 
or taken out of service.
    Procedures for obtaining permission to use an alternative means of 
emission reduction are included in subpart F. The applicability of the 
General Provisions in subpart A to sources subject to subparts F, G, 
and H is clarified. General performance test requirements are 
specified, including the provision that performance tests be conducted 
under maximum representative operating conditions for the process. The 
General Reporting and Recordkeeping Provisions of subpart F include the 
requirement that required records and reports must be maintained for 5 
years, and specify where reports must be sent. Reports can be submitted 
on electronic media that are compatible with the system used by the 
Administrator or the State permitting authority.

B. Summary of Subpart G

1. Overview
    The MACT standard for SOCMI sources is expressed as an allowable 
emissions level that is determined by means of an equation specified in 
subpart G. The allowable emissions level is the sum of the emissions 
from all the emission points in the source that would occur after the 
required emission reductions are achieved for the emission points 
meeting the HON's applicability criteria (Group 1 points) through use 
of reference control technologies. Although controls are not required 
for Group 2 emission points, both Group 1 emission points and Group 2 
emission points are included in the equation defining the source's 
allowable emissions level.
    Though subpart G is structured as an allowable emissions level, 
there is no need for owners or operators to actually calculate 
emissions estimates for every emission point at the source. Actual 
emissions estimates are only required for emission points that are 
included in emissions averages.
    The owner or operator can utilize two methods, or a combination of 
them, to demonstrate compliance with the HON. The primary method that 
owners or operators will use to determine compliance with the HON is 
the application of the reference control technologies (or equivalent 
controls) at Group 1 emission points. This compliance approach is 
described in sections 2 through 5 below. Owners or operators may also 
use emissions averaging to demonstrate compliance at a limited number 
of emission points. Emissions averaging is described in section 6 
below. Section 7 describes the HON's recordkeeping and reporting 
provisions.
2. Process Vent Provisions
    A process vent means a gas stream that is continuously discharged 
during the operation of the unit from an air oxidation reactor, other 
reactor, or distillation unit within a SOCMI chemical manufacturing 
process unit. Process vents include vents from distillate receivers and 
product separators. Process vents include gas streams that are 
discharged directly to the atmosphere and gas streams discharged to the 
atmosphere after diversion through a product recovery device. The rule 
applies only to process vents that are associated with continuous (non-
batch) processes and emit process vent streams containing more than 
0.005 weight-percent HAP.
    A Group 1 process vent is defined as a process vent with a flow 
rate greater than or equal to 0.005 scmm, an organic HAP concentration 
greater than or equal to 50 ppmv, and a TRE index value less than or 
equal to 1.0. The process vent provisions require the owner or operator 
of a Group 1 process vent stream to:
    (1) Reduce the emissions of organic HAP using a flare;
    (2) Reduce emissions of organic HAP by 98 weight-percent or to a 
concentration of 20 ppmv or less; or
    (3) Achieve and maintain a TRE index above 1. Performance test 
provisions are included for Group 1 process vents to verify that the 
control device achieves the required performance.
    The organic HAP reduction is based on the level of control achieved 
by the reference control technology. Group 2 process vent streams with 
TRE index values between 1.0 and 4.0 are required to monitor those 
process vent streams to ensure those streams do not become Group 1, 
which require control. The owner or operator can calculate a TRE index 
value to determine whether each process vent is a Group 1 or Group 2 
process vent or the owner or operator can elect to comply directly with 
the control requirements without calculating the TRE index. The TRE 
index value is determined after the final recovery device in the 
process or prior to venting to the atmosphere. The TRE calculation 
involves an emissions test or engineering assessment and use of the TRE 
equations in section 63.115 of subpart G.
    The rule encourages pollution prevention through product recovery 
because an owner or operator of a Group 1 process vent may add recovery 
devices or otherwise reduce emissions to the extent that the TRE 
becomes greater than 1.0 and the Group 1 process vent becomes a Group 2 
process vent.
    Group 1 halogenated streams controlled using a combustion device 
must vent the emissions from the combustor to an acid gas scrubber or 
other device to limit emissions of halogens prior to venting to the 
atmosphere. The control device must reduce the overall emissions of 
hydrogen halides and halogens by 99 percent (95 percent for control 
devices installed prior to the December 31, 1992 proposal) or reduce 
the outlet mass emission rate of total hydrogen halides and halogens to 
less than 0.45 kg/hr. Monitoring, reporting, and recordkeeping 
provisions necessary to demonstrate compliance are also included in the 
process vent provisions.
3. Storage Vessel Provisions
    A storage vessel means a tank or other vessel associated with a 
SOCMI chemical manufacturing process unit that stores a liquid 
containing one or more of the organic HAP's listed in table 2 of 
subpart F. The final rule specifies assignment procedures for 
determining whether a storage vessel is associated with a SOCMI 
chemical manufacturing process unit. The storage vessel provisions do 
not apply to the following: (1) vessels permanently attached to motor 
vehicles, (2) pressure vessels designed to operate in excess of 204.9 
Kpa (29.7 psia), (3) vessels with capacities smaller than 38 m\3\ 
(10,000 gal), (4) wastewater tanks, and (5) vessels storing liquids 
that contain organic HAP's only as impurities. An impurity is produced 
coincidentally with another chemical substance and is processed, used, 
or distributed with it.
    The EPA is not taking final action at this time regarding 
provisions for storage vessels of 76 m\3\ (20,000 gallons) to 151 m\3\ 
(40,000 gallons). The reason is that, through a separate Federal 
Register notice, the EPA is soliciting additional public comment 
regarding the appropriate interpretation of the language in section 
112(d)(3)(A) of the Act concerning establishment of the MACT floor and 
the effect of that interpretation on the control requirements for these 
storage vessels. The EPA intends to evaluate the public comments 
received in response to that action promptly and intends to proceed to 
take final action on provisions for storage vessels of 76 m\3\ to 151 
m\3\ within 90 days of the publication of the separate notice.
    The storage provisions require that one of the following control 
systems be applied to Group 1 storage vessels: (1) An internal floating 
roof with proper seals and fittings; (2) an external floating roof with 
proper seals and fittings; (3) an external floating roof converted to 
an internal floating roof with proper seals and fittings; or (4) a 
closed vent system with a 95-percent efficient control device. The 
storage provisions give details on the types of seals and fittings 
required. Monitoring and compliance provisions include periodic visual 
inspections of vessels, roof seals, and fittings, as well as internal 
inspections. If a closed vent system and control device is used, the 
owner or operator must establish appropriate monitoring procedures. 
Reports and records of inspections, repairs, and other information 
necessary to determine compliance are also required by the storage 
provisions. No controls are required for Group 2 storage vessels.
4. Transfer Operations Provisions
    Transfer operations are defined as the loading of liquid products 
that are on the list of organic HAP's in subpart F from a transfer rack 
into a tank truck or railcar. Transfer rack means the collection of 
loading arms and loading hoses at a single system that is assigned to a 
SOCMI chemical manufacturing process unit and is used to fill tank 
trucks and railcars with liquid products that are on the list of 
organic HAP's in subpart F. Transfer rack includes the associated 
pumps, meters, shutoff valves, relief valves, and other piping and 
valves necessary to load tank trucks or railcars. The transfer 
provisions do not apply to the loading of liquid organic HAP's at an 
operating pressure in excess of 204.9 Kpa (29.7 psia); loading of 
marine vessels; racks loading liquids that contain organic HAP's only 
as impurities; or racks loading liquid organic HAP's if emissions are 
returned to a storage vessel in a vapor balancing system.
    The transfer provisions require control of Group 1 transfer racks 
to achieve 98-percent organic HAP reduction or an outlet concentration 
of 20 ppmv. Combustion devices or product recovery devices may be used 
to comply with this requirement. Alternatively, vapor balancing systems 
may be used.
    The transfer provisions include design specifications for vapor 
collection systems. Specifically, vapor collection systems are required 
to route the organic vapors to a control device or to a vapor balancing 
system and are required to operate without detectable emissions. In 
addition, the provisions require that liquid organic HAP's be loaded 
only into DOT-certified vehicles or vehicles that have been determined 
to be vapor tight according to Method 27 of 40 CFR part 60, appendix A.
    Group 1 halogenated streams controlled using a combustion device 
must vent the emissions from the combustor to an acid gas scrubber or 
other device to limit emissions of halogens, prior to venting to the 
atmosphere. The control device must reduce the overall emissions of 
hydrogen halides and halogens by 99 percent or reduce the outlet mass 
emission rate of total hydrogen halides and halogens to less than 0.45 
kg/hr.
    Initial performance tests of control device efficiency are required 
for racks loading at least 11.8 million liters per year. Design 
evaluations are allowed in other cases. Monitoring, reporting, and 
recordkeeping provisions are specified. Controls are not required for 
Group 2 racks.
5. Wastewater Provisions
    The final rule applies to any organic HAP-containing water, raw 
material, intermediate, product, by-product, co- product, or waste 
material that exits any chemical manufacturing process unit equipment 
and has either (1) a total volatile organic HAP concentration of 5 ppmw 
or greater and a flow rate of 0.02 lpm or greater; or (2) a total 
volatile organic HAP concentration of 10,000 ppmw or greater at any 
flow rate. ``Wastewater,'' as defined in Sec. 63.101 of subpart F, 
encompasses both maintenance wastewater, which is regulated by subpart 
F, and process wastewater, which is regulated by subpart G. The process 
wastewater provisions in subpart G also apply to organic HAP-containing 
residuals that are generated from the management and treatment of Group 
1 wastewater streams. Examples of process wastewater streams include, 
but are not limited to, wastewater streams exiting process unit 
equipment (e.g., decanter water, such as condensed steam used in the 
process), product tank drawdown, feed tank drawdown, and residuals 
recovered from waste management units. Examples of maintenance 
wastewater streams are those generated by descaling of heat exchanger 
tubing bundles, cleaning of distillation column traps, and draining of 
pumps into an individual drain system.
    In the final rule, an owner or operator may determine the VOHAP 
concentration and flow rate of a wastewater stream either (1) at the 
point of generation; or (2) downstream of the point of generation. If 
wastewater stream characteristics are determined downstream of the 
point of generation, an owner or operator must make corrections for 
losses by air emissions; reduction of VOHAP concentration or changes in 
flow rate by mixing with other water or wastewater streams; and 
reduction in flow rate or VOHAP concentration by treating or otherwise 
handling the wastewater stream to remove or destroy HAP's. An owner or 
operator must determine whether a wastewater stream is a Group 1 or 
Group 2 wastewater stream by determining the flow rate and VOHAP 
concentration for the point of generation by (1) sampling; (2) using 
engineering knowledge; or (3) using pilot-scale or bench-scale test 
data. An owner or operator who elects to use the process unit 
alternative in Sec. 63.138(d) or the 95-percent biological treatment 
option in Sec. 63.138(e) is not required to make a Group 1/Group 2 
determination. Both the applicability determination and the Group 1/
Group 2 determination must reflect the wastewater characteristics 
before losses due to volatilization, a concentration differential due 
to dilution, or a change in VOHAP concentration or flow rate due to 
treatment.
    To provide greater flexibility to owners or operators, the EPA has 
added to the final rule an additional option in Sec. 63.144 of subpart 
G for determining applicability in lieu of a Group 1/Group 2 
determination. This option allows an owner or operator to designate a 
wastewater stream or mixture of wastewater streams to be a Group 1 
wastewater stream without actually determining the flow rate and VOHAP 
concentration for the point of generation. This option helps those 
SOCMI plants that already have emission suppression systems in place 
from the point of generation to a location downstream. Using this 
option, an owner or operator can simply declare that a wastewater 
stream or mixture of wastewater streams is a Group 1 wastewater stream 
and that the emissions from the stream(s) are controlled from the point 
of generation through treatment. An owner or operator is required to 
determine the wastewater stream characteristics (i.e., VOHAP 
concentration and flow rate) for the designated Group 1 wastewater 
stream in order to establish the treatment requirements in Sec. 63.138.
    Controls must be applied to Group 1 wastewater streams, unless the 
source complies with the source-wide mass flow rate provisions of 
Sec. 63.138(c)(5) or (c)(6) of subpart G; or implements process changes 
that reduce emissions as specified in Sec. 63.138(c)(7) of subpart G. 
Control requirements include (1) suppressing emissions from the point 
of generation to the treatment device; (2) recycling the wastewater 
stream or treating the wastewater stream to the required Fr values for 
each HAP as listed in table 9 of subpart G; (3) recycling any residuals 
or treating any residuals to destroy the total combined HAP mass flow 
rate by 99 percent or more; and (4) controlling the air emissions 
generated by treatment processes. While emission controls are not 
required for Group 2 wastewater streams, owners or operators may opt to 
include them in management and treatment options.
    Suppression of emissions from the point of generation to the 
treatment device will be achieved by using covers and enclosures and 
closed vent systems to collect organic HAP vapors from the wastewater 
and convey them to treatment devices. Air emissions routed through 
closed-vent systems from covers, enclosures, and treatment processes 
must be reduced by 95 percent for combustion or recovery devices; or to 
a level of 20 ppmv for combustion devices.
    The treatment requirements are designed to reduce the HAP content 
in the wastewater prior to placement in units without air emissions 
controls, and thus reduce the HAP emissions to the atmosphere. The 
required Fr values in table 9 of subpart G are based on steam 
stripping. The final rule provides several compliance options, 
including percent reduction, effluent concentration limitations, and 
mass removal.
    For demonstrating compliance with the various requirements, owners 
or operators have a choice of using a specified design, conducting 
performance tests, or documenting engineering calculations. Appropriate 
compliance, monitoring, reporting, and recordkeeping provisions are 
included in the regulation.
6. Emissions Averaging
    Under subpart G, only owners or operators of existing sources may 
use emissions averaging. A change to the rule prohibits new sources 
from using emissions averaging to comply with the rule. Any process 
vents, storage vessels, or transfer racks in the source can be included 
in an emissions average. However, only wastewater streams that are not 
treated in a biological treatment unit are eligible for emissions 
averaging. Equipment leaks are regulated under a separate subpart and 
are also not eligible for emissions averaging.
    a. Credit/Debit System. In general, the system for accumulating and 
quantifying credits and debits remains the same as described at 
proposal. The owner or operator must identify all the emission points 
that would be included in an emissions average and estimate their 
allowable and actual emissions using the reference efficiencies of the 
reference control technologies for each kind of emission point.
    For each Group 1 point, the allowable emissions level is the 
emissions remaining after application of a reference control 
technology. As a result, all Group 1 emission points that are not being 
controlled with the reference control technology or a control measure 
achieving an equivalent reduction are emitting more than their 
allowable emissions. These points are generating emission ``debits.'' 
Emission debits are calculated by subtracting the amount of emissions 
allowed by the standard for a given emission point from the amount of 
actual emissions for that point. If a Group 1 emission point is 
controlled by a device or a pollution prevention measure that does not 
achieve the control level of the reference control technology, the 
amount of emission debits will be based on the difference between the 
actual control level being achieved and what the reference control 
would have achieved. Equations for calculating debits are provided in 
Sec. 63.150 of subpart G.
    The owner or operator must control other emission points to a level 
more stringent than what is required for that kind of point to generate 
emission ``credits.'' Emission credits are calculated by subtracting 
the amount of emissions that actually exist for a given emission point 
from the amount of emissions that would be allowed under subpart G, and 
then applying a 10-percent discount factor. If credits are generated 
through the use of a pollution prevention measure, no discount factor 
is applied. These provisions for a discount factor were added for the 
final rule. Equations for calculating credits are also provided in 
Sec. 63.150 of subpart G. To be in compliance, the owner or operator 
must be able to show that the source's emission credits were greater 
than or equal to its emission debits.
    Credits may come from:
    (1) Control of Group 1 emission points using technologies that the 
EPA has rated as being more effective than the appropriate reference 
control technology;
    (2) Control of Group 2 emission points; and
    (3) Pollution prevention projects that result in control levels 
more stringent than what the standard requires for the relevant point 
or points.
    A reference control technology cannot be used to generate credits 
beyond its assigned efficiency. For a new control technology or work 
practice, either the EPA or the permit authority must determine its 
control efficiency before it can be used to generate credits.
    b. Compliance. The rule requires that emissions averaging plans be 
reviewed as part of a source's Implementation Plan or operating permit 
application. The controls in the averaging plan would then be cited in 
a source's Implementation Plan or operating permit. Thus, to show 
compliance using emissions averaging, the owner or operator must prove 
both:
    (1) The appropriate controls have been applied and maintained; and
    (2) That the amount of emission credits and debits meet certain 
quarterly and annual requirements.
    c. Significant Changes. Significant changes were made to the 
emissions averaging provision. One change is that the number of 
emission points that can be included in an average has been limited to 
no more than 20 points or 25 points if pollution prevention is used. 
Another notable addition is the requirement that sources must 
demonstrate that their emissions average will not result in greater 
risk or hazard than compliance without averaging. Also, State or local 
agencies have been granted the discretion to not include emissions 
averaging in their implementation of the rule without having to go 
through the Sec. 112(l) rule delegation process. Summaries of 
significant comments and associated changes are discussed in section 
V.D of this preamble. All comments regarding emissions averaging are 
summarized and responded to in the BID, volume 2C.
    7. Recordkeeping and Reporting
    The rule requires sources complying with subpart G to keep records 
and submit reports of information necessary to document compliance. 
Records must be kept for 5 years. For emission points where continuous 
monitoring is required, the final rule requires retention of hourly 
average data values rather than the 15-minute average values specified 
in the proposed rule. However, 15-minute values must be retained for 
operating days when the daily average value of the monitored parameter 
is outside the permitted range.
    The following five types of reports must be submitted to the 
Administrator: (1) Initial Notification, (2) Implementation Plan (if an 
operating permit application has not been submitted), (3) Notification 
of Compliance Status, (4) Periodic Reports, and (5) other reports. The 
requirements for each of the five types of reports are summarized 
below.
    a. Initial Notification. The Initial Notification is due 120 days 
after the date of promulgation for existing sources. For new sources 
that have an initial start-up more than 90 days after promulgation, the 
application for approval of construction or reconstruction required 
under the General Provisions must be submitted in lieu of the Initial 
Notification. The application is due as soon as practicable before 
commencement of construction or reconstruction, or 90 days after 
promulgation of subpart G, whichever is later. For new sources that 
have an initial start-up prior to 90 days after promulgation, no 
application for approval of construction is required and the Initial 
Notification is due within 90 days after promulgation.
    The Initial Notification must list the chemical manufacturing 
process units that are subject to subpart G, and which provisions may 
apply (e.g., process vents, transfer operations, storage vessels, and/
or wastewater provisions). A detailed identification of emission points 
is not necessary for the Initial Notification. However, the 
notification must include a statement of whether the source expects 
that it can achieve compliance by the specified compliance date.
    b. Implementation Plan. The Implementation Plan details how the 
source plans to comply with subpart G. An Implementation Plan is 
required only for sources that have not yet submitted an operating 
permit application.
    Existing sources must submit the Implementation Plan at different 
times for emission points included in averages and emission points not 
included in averages. The Implementation Plan for emission points 
included in an average is due 18 months prior to the date of 
compliance. The Implementation Plan for emission points not included in 
an emissions average is due 12 months prior to the date of compliance. 
For new sources that have an initial start-up more than 90 days after 
promulgation, the Implementation Plan must be submitted with the 
application for approval of construction or reconstruction. For new 
sources that have an initial start-up prior to 90 days after 
promulgation, the Implementation Plan is due within 90 days after 
promulgation (at the same time as the Initial Notification). This 
timing for new source submittals is slightly different than in the 
proposed rule.
    The information in the Implementation Plan should be incorporated 
into the source's operating permit application. The terms and 
conditions of the plan, as approved by the permitting authority, would 
then be incorporated into the operating permit.
    For points included in an emissions average, the Implementation 
Plan must include: An identification of all points in the planned 
average and whether they are Group 1 or Group 2 points; the specific 
control technique or pollution prevention measure that will be applied 
to each point; the control efficiency for each control used in the 
average; the projected credit or debit generated by each point; and the 
overall expected credits and debits. The Implementation Plan must also 
state that the same types of testing, monitoring, reporting, and 
recordkeeping that are required by the proposed rules for Group 1 
points will be done for all points (both Group 1 and Group 2) included 
in an emissions average.
    For emission points not included in an average, the Implementation 
Plan must include a list of emission points subject to the process 
vents, storage vessels, transfer operations, and wastewater provisions 
and whether each point is Group 1 or Group 2. The control technology or 
method of compliance planned for each Group 1 point must be specified. 
The plan must also state that appropriate testing, monitoring, 
reporting, and recordkeeping will be done for each Group 1 point.
    If an owner or operator wishes to monitor a unique parameter or use 
a unique recordkeeping and reporting system for any emission point in 
their source, the request, including a rationale, must be submitted 
with the Implementation Plan, unless this information has already been 
included in their operating permit application.
    c. Notification of Compliance Status. The Notification of 
Compliance Status must be submitted within 150 days after the source's 
compliance date. It contains information on Group 1 points and all 
points in emissions averages that is necessary to demonstrate that 
compliance has been achieved, such as: The results of any performance 
tests for process vents, transfer operations, and wastewater emission 
points; one complete test report for each test method used for a 
particular kind of emission point; TRE determinations for process 
vents; design analyses for storage vessels and wastewater emission 
points; site-specific ranges for each monitored parameter for each 
emission point and the rationale for the range; and values of all 
parameters used to calculate emission credits and debits for emissions 
averaging.
    d. Periodic Reports. Generally, Periodic Reports must be submitted 
semiannually. However, there are two exceptions. Quarterly reports must 
be submitted for all points included in an emissions average. In 
addition, if monitoring results show that the parameter values for an 
emission point are outside the established range for more than the 
number of excused excursions, the implementing agency may request that 
the owner or operator submit quarterly reports for that emission point. 
After 1 year, semiannual reporting can be resumed, unless the 
implementing agency requests continuation of quarterly reports.
    All Periodic Reports must include information required to be 
reported under the recordkeeping and reporting provisions for each 
emission point. For emission points involved in emissions averages, the 
report must include the results of the calculations of credits and 
debits for each month and for the quarter. For continuously monitored 
parameters, the data on those daily periods when the parameters are 
outside their established ranges are included in the reports. Periodic 
Reports must also include results of any performance tests conducted 
during the reporting period and reports of equipment failures, leaks, 
or improper work practices that are discovered during required 
inspections. Additional information the source is required to report 
under its operating permit or Implementation Plan would also be 
described in Periodic Reports.
    e. Other Reports. Other reports must be submitted as required by 
the provisions for each kind of point. Other reports include: reports 
of start-up, shutdown, and malfunction; notifications of inspections 
for storage vessels; and information about sources requesting approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average.

C. Summary of Subpart H

    The applicability and provisions of subpart H generally have not 
changed since proposal. Minor changes have been made, however, to 
clarify the EPA's intent in some provisions and some revisions were 
made to recordkeeping and reporting provisions to reduce unproductive 
efforts. The following is a brief summary of the requirements of the 
provisions in subpart H of the final rule.
1. Applicability
    The standards would apply to equipment in organic HAP service 300 
or more hours per year that is associated with a process subject to 
subpart F or I of part 63. The provisions apply to valves, pumps, 
connectors, compressors, pressure relief devices, open-ended valves or 
lines, sampling connection systems, instrumentation systems, surge 
control vessels, bottoms receivers, and agitators. The provisions of 
subpart H also apply to closed vent systems and control devices used to 
control emissions from any of the listed equipment.
    For SOCMI processes, compliance with the provisions of subpart H is 
phased in by type of chemical manufacturing process. Subpart F divides 
the regulated processes into five distinct groups to which the 
provisions of subpart H apply beginning 6 months after publication of 
the final rule in the Federal Register. Thereafter, subpart H applies 
to another group of processes every 3 months. Table 1 of subpart F 
lists the group to which each chemical manufacturing process subject to 
this rule is assigned. Processes listed in subpart I must comply with 
the provisions of subpart H 6 months after publication of the final 
standard in the Federal Register.
    a. Pumps and Valves. The standard requires leak detection and 
repair for pumps in light liquid service and for valves in gas or light 
liquid service. Standards for both are implemented in three phases. The 
first and second phases for both types of equipment consist of an LDAR 
program, with lower leak definitions in the second phase. The LDAR 
program involves a periodic check for organic vapor leaks with a 
portable instrument; if leaks are found, they must be repaired within a 
certain period of time. In the third phase, the periodic monitoring (a 
work practice standard) is combined with a performance requirement for 
an allowable percent leaking components.
    The standard requires monthly monitoring of pumps using an 
instrument and weekly visual inspections for indications of leaks. In 
the first two phases of the valve standard, quarterly monitoring is 
required. In phase three, semiannual or annual monitoring may be used 
by process units with less than 1 percent and less than 0.5 percent 
leaking valves, respectively.
    In phase three, if the base performance levels for a type of 
equipment are not achieved, owners or operators must, in the case of 
pumps, enter into a QIP, and in the case of valves may either enter 
into a QIP or implement monthly LDAR. The QIP is a concept that enables 
plants exceeding the base performance levels to eventually achieve the 
desired levels without incurring penalty or being in a noncompliance 
status. As long as the requirements of the QIP are met, the plant is in 
compliance. The basic QIP consists of information gathering, 
determining superior performing technologies, and replacing poorer 
performers with the superior technologies until the base performance 
levels are achieved.
    b. Connectors. The rule also requires leak detection and repair of 
connectors in gas or light liquid service. The monitoring frequency for 
connectors is determined by the percent leaking connectors in the 
process unit and the consistency of performance. Process units that 
have 0.5 percent or greater leaking connectors are required to monitor 
all connectors annually. Units that have less than 0.5 percent may 
monitor biannually and units that show less than 0.5 percent for two 
monitoring cycles may monitor once every 4 years.
    c. Other Equipment. Standards for compressors, open-ended lines, 
pressure relief devices, and sampling connection systems remain 
essentially unchanged from the proposed standard and other existing 
equipment regulations (See 40 CFR part 61, subpart V). The provisions 
for closed vent systems were revised to make them consistent with the 
provisions in subpart G, and to clarify intent. Agitators must be 
monitored for leaks or better designed systems, such as dual mechanical 
seals, must be installed. Pumps, valves, connectors, and agitators in 
heavy liquid service; instrumentation systems; and pressure relief 
devices in liquid service are subject to instrument monitoring only if 
evidence of a potential leak is found through sight, sound, or smell. 
Instrumentation systems consist of smaller pipes and tubing that carry 
samples of process fluids to be analyzed to determine process operating 
conditions or systems for measurement of process conditions.
2. Delay of Repair
    Under certain conditions delay of repair beyond the required 15 
days may be acceptable. Examples of these situations include where: (1) 
A piece of equipment cannot be repaired without a process unit 
shutdown, (2) equipment is taken out of organic HAP service, (3) 
emissions from repair will exceed emissions from delay of repair until 
the next shutdown, and (4) equipment with better leak performance such 
as pumps with SMS are replaced with DMS.
3. Alternative Standards
    Specific alternative standards have been written for batch 
processes and enclosed buildings. For batch processes, the owner or 
operator can choose either to meet similar standards to those for 
continuous processes, with monitoring frequency prorated to time in use 
of organic HAP, or to periodically pressure test the entire system. For 
enclosed buildings, the owner or operator may forego monitoring if the 
building is kept under a negative pressure and emissions are routed 
through a closed vent system to an approved control device.
4. Test Methods and Procedures
    The standards require the use of Method 21 of appendix A of part 60 
to detect leaks. Method 21 requires a portable organic vapor analyzer 
to monitor for leaks from equipment in use. Test procedures using 
either a gas or a liquid for pressure testing the batch system are 
specified to detect for leaks.
5. Recordkeeping and Reporting
    The standards require certain records to demonstrate compliance 
with the standard and the records must be retained in a readily 
accessible recordkeeping system. Subpart H requires that records be 
maintained of equipment that would be subject to the standards, testing 
associated with batch processes, design specifications of closed vent 
systems and control devices, test results from performance tests, and 
information required by equipment in QIP. Other recordkeeping 
requirements are specified in Sec. 63.181 of subpart H.
    Subpart H requires owners and operators to submit three types of 
reports: (1) An Initial Notification; (2) a Notification of Compliance 
Status; and (3) Periodic Reports. Owners or operators subject to the 
requirements of subpart G as well as subpart H may submit one Initial 
Notification for both requirements. Owners or operators of sources 
subject to subparts I and H must submit an Initial Notification that 
lists the units subject to subpart H and the location of the source. 
The Notification of Compliance Status must be submitted within 90 days 
after the compliance date for process units in the first group. 
Thereafter, the owner or operator must submit a Periodic Report every 6 
months that contains summary information on the leak detection and 
repair program, changes to the process unit, changes in monitoring 
frequency or monitoring alternatives, and/or initiation of a QIP. The 
Periodic Report will also include any Notification of Compliance Status 
for any process units that had compliance dates in the previous 6-month 
period. Reports can be submitted on electronic media that are 
compatible with the system used by the Administrator or the State 
permitting authority.

D. Summary of Subpart I

    In contrast to the sources in the SOCMI source category, sources in 
the non-SOCMI processes would be covered by subparts I and H only. For 
these processes, the source would include only pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, and instrumentation systems. 
As explained in the Source Category Schedule for Standards (58 FR 
63941), the EPA is considering regulating the other kinds of emission 
points in these processes in future section 112 standards. The 
processes subject to subpart H of the HON are included in 20 different 
source categories or subsets of source categories. The exact 
relationship of the HON's equipment leak processes to the source 
categories listed for section 112 standards is specified in table 1 of 
the Source Category Schedule for Standards (58 FR 63941).

IV. Impacts

    This section presents the environmental, energy, cost, and economic 
impacts resulting from the control of HAP emissions under the rule. It 
is estimated that approximately 370 sources and 940 chemical 
manufacturing processes would be required to apply controls by the 
standards.
    Impacts are presented relative to a baseline set at the level of 
control in the absence of the rule. The estimates include the impacts 
of applying control to: (1) Existing emission points and (2) additional 
emission points from SOCMI process units that are expected to begin 
operation over a 5-year period. Thus, the estimates represent annual 
impacts occurring in the fifth year. Assuming a SOCMI-wide growth rate 
of 3.5 percent each year over a 5-year period, national impacts for the 
emission points that will be added in the first 5 years of the rule are 
estimated to be 19 percent of total national impacts in the fifth year.

A. Environmental Impacts

    Environmental impacts include the reduction of HAP and VOC 
emissions, increases in other air pollutants, and decreases in water 
pollution and solid waste resulting from the proposed rule.
    Under the rule, it is estimated that emissions of HAP would be 
reduced by 460,000 Mg/yr (510,000 tons/yr) and the emissions of VOC's 
would be reduced by 950,000 Mg/yr (1,000,000 tons/yr) (see table 1). 
Estimates of baseline emissions are presented in conjunction with 
emissions reductions estimates to better illustrate the level of 
control being achieved by the rule. Baseline emissions take into 
account the current estimated level of emissions control, based on 
State and Federal regulations, for each SOCMI emission point. As a 
result, baseline emissions reflect the level of control that would be 
achieved in the absence of the rule.
    The baseline emission estimates in table 1 include the 
extrapolation of estimates for well-characterized processes to account 
for processes that could not be characterized. Consequently, the table 
1 estimates contain considerable uncertainty and are presented only to 
provide an estimate of the total nationwide impact of the rule. 
Decisions were based on information from the well-characterized 
processes only. As discussed in section III.B.3 of this preamble, the 
EPA has deferred the final decision regarding control of medium-sized 
storage vessels at existing sources. Therefore, emission reductions for 
storage vessels shown in table 1, and consequently the total, may be 
slightly overstated.
    On average, SOCMI sources generate over twice as much VOC emissions 
as HAP emissions. Although the intent of the rule is to reduce HAP 
emissions, the control of HAP's also results in the control of non-HAP 
VOC's. The control requirements of the HON would result in reduction of 
88 percent of HAP emissions and 79 percent of VOC emissions beyond the 
baseline control level.
    There would be a very slight increase in emissions of CO and 
NOX, relative to other sources of these pollutants, resulting from 
the on-site combustion of fossil fuels as part of control device 
operations. Additional emissions of NOX and CO (and other 
pollutants) resulting from increased electricity demand are not 
included in the impacts presented. Under the rule, estimates of 
increased emissions of CO and NOX are 1,700 Mg/yr (1,900 tons/yr) 
and 17,000 Mg/yr (19,000 tons/yr), respectively (see table 2). The 
impacts for process vents and transfer operations are based on the 
assumptions that incinerators or flares are used to combust emission 
streams. To the extent noncombustion controls are used to achieve 
compliance with the standards, the actual CO and NOX emissions 
would be lower.
    Impacts for water pollution and solid waste were judged to be 
negligible and were not quantified as part of the impacts analysis. The 
basis for judging these impacts to be negligible is discussed in 
chapter 5.0 of proposal BID volume 1A.

B. Energy Impacts

    Increases in energy use were estimated for steam, natural gas, and 
electricity. These three types of energy were compared and totaled on a 
BOE basis. Table 3 shows the estimated individual and total energy use 
increases. Estimates for total energy use are 290 million kw-hr/yr of 
electricity, 6,900 billion Btu/yr of natural gas, and 3,000 billion 
Btu/yr of steam. This equates to 13,000 TJ/yr (2.1 million BOE/yr).

C. Cost Impacts

    Cost impacts include the capital costs of new control equipment, 
the cost of energy (supplemental fuel, steam, and electricity) required 
to operate control equipment, and operation and maintenance costs. 
Generally, cost impacts also include cost savings generated by reducing 
the loss of valuable product in the form of emissions. Average cost 
effectiveness P($/Mg of pollutant removed) is also presented as part of 
cost impacts. Average cost effectiveness is determined by dividing the 
annual cost by the annual emission reduction.
    For the final rule, it is estimated that total capital costs for 
installation of controls would be $450 million (1989 dollars), and 
total annual costs of this control, excluding the cost savings 
attributable to equipment leaks, would be $160 million (1989 dollars) 
per year (see table 4). Because of the EPA's deferral of a final 
decision on control of medium-sized storage vessels at existing 
sources, as discussed in section III.B.3 of this preamble, the cost 
impacts for storage vessels, and consequently the total cost impacts, 
may be slightly overstated. The estimated cost of the monitoring, 
recordkeeping and reporting requirements for the rule is $70 million/
yr. The total nationwide annual cost of this rule is, therefore, $230 
million/yr.
    It is expected that the actual compliance cost of the rule would be 
less than those presented, but it is not possible to quantify the 
amount. This is because cost estimates for some kinds of emission 
points were made assuming a separate control device would be 
constructed for each emission point. In reality, some operators will 
duct emissions from several of these emission points to a common 
control device, upgrade an existing control device, use other less 
expensive control technologies, implement pollution prevention 
technologies, or use emissions averaging. Additionally, owners or 
operators of sources may develop more efficient monitoring and 
recordkeeping systems. All of these options would reduce the estimated 
costs while achieving the same emission reductions. The effect of such 
practices on the national costs could not be estimated because the 
ability to use any of these practices is highly site-specific and data 
were not available to estimate how often the lower cost compliance 
practices could be utilized.

D. Economic Impacts

    Because many SOCMI chemicals are used as raw materials in the 
production of other SOCMI chemicals, the economic impact analysis 
looked at cumulative costs of control for each of the SOCMI chemicals 
listed in subparts F and H. About 94 percent of the chemicals are 
estimated to have a production cost increase of less than 10 percent; 
more than 88 percent have cost increases less than 3 percent. 
Approximately 6 percent of the chemicals analyzed incur a cost increase 
of over 10 percent. Almost all of the chemicals with a product cost 
increase exceeding 10 percent have annual national production of less 
than 10 million kilograms (11,000 tons) and are therefore low volume 
chemicals. [Two-thirds of the SOCMI chemicals have production over 10 
million kilograms (11,000 tons).]
    Market analyses for a subset of 21 of the chemicals estimated price 
increases from 0.1 percent to 3.9 percent and quantity decreases from 
0.1 percent to 4 percent. The market analyses lead to the conclusion 
that percentage quantity decreases will be less than the percentage 
cost increases due to the regulation. The market analyses indicate that 
severe disruption of the industry is an unlikely result.
    The diversity of chemical producers (most sources are involved in 
the production of several chemicals) decreases the likelihood of plant 
closure as a result of the regulation. A more likely consequence of the 
regulation is a change from a chemical manufacturing process with a 
higher cumulative control cost to a process with a lower control cost.
    The impact for the low volume chemicals is the most uncertain. The 
cost estimates for these chemicals involve more uncertainty and, in 
many cases, industry profile information specific to the manufacturers 
of these chemicals was not available. Many of the low volume chemicals 
can be considered specialty chemicals. Generally, there is a lack of 
viable substitutes for specialty chemicals. In addition, the production 
cost of specialty chemicals is usually only a small portion of the cost 
of the final goods made with the specialty chemical. For these two 
reasons, a price increase for a specialty chemical is less likely to 
lead to a business closure or a production cutback than a price 
increase for a large volume chemical. This decreases the likelihood of 
large quantity impacts or closures.
    The RIA addresses the benefits, costs, and economic impact of the 
regulation. Because benefits could only be addressed qualitatively, the 
RIA is not able to provide guidance as to which regulatory option 
optimizes net benefits. However, the RIA does summarize the types of 
benefits associated with the reduction of HAP's, VOC's, and particulate 
matter formed from VOC's.

V. Summary of Significant Comments and Associated Changes to the 
Proposed Subparts F and G

A. Selection of Source Category and Source

1. Definition of SOCMI
    Public comments have indicated confusion regarding the definition 
of the source category covered by the HON. Several commenters 
misinterpreted the definition to include activities that were not 
intended to be regulated with this rule such as marine vessel loading 
and refinery processes. Thus, the commenters asserted that the proposed 
rule contained too many exemptions and loopholes. The commenters 
concluded that the EPA should broaden the scope of the HON.
    Section 112(c) of the Act requires the EPA to publish a list of all 
categories of major sources of listed HAP's (and such categories of 
area sources as the Administrator determines warrant regulation), then 
to establish rules for each of these categories of sources of HAP 
emissions. As such, the HON was not intended to require controls for 
all operations in the chemical industry. Rather, the HON sets section 
112(d) standards for the SOCMI source category. The SOCMI source 
category includes only the part of the chemical industry that produces 
the major industrial chemicals. Other parts of the chemical industry 
use SOCMI chemicals to produce pesticides, agricultural chemicals, 
pharmaceuticals, polymers, and specialty chemicals. These operations 
are substantially different than the SOCMI and were outside the scope 
of the impact analysis for the HON. Accordingly, these other segments 
of the chemical industry are separate source categories, and will be 
subject to separate MACT or GACT standards at a later date.
    The EPA acknowledges that some integrated facilities will have 
operations from multiple source categories on the same plant site 
(e.g., refinery units, SOCMI production, and pesticide production). 
However, to include all emission points at these facilities in the 
scope of the HON is inappropriate because it is not consistent with 
Congressional intent to regulate categories of HAP emissions. Further, 
such an undertaking would make implementation of the rule an 
insurmountable task. Instead, the HON provides comprehensive coverage 
of the emissions of 112 organic HAP's from five kinds of emission 
points in 385 SOCMI production processes. Emissions from processes in 
other source categories will be covered by separate MACT standards. In 
conclusion, the EPA does not believe it would be practical or 
appropriate to broaden the applicability of the HON, as suggested by 
some commenters, to include emissions from other source categories.
    In previous rules and in the proposed HON, the EPA defined the 
SOCMI source category with lists of chemical products. In the proposed 
HON, there were two lists of SOCMI chemicals. One listed chemicals that 
would be subject to subpart G and the other listed chemicals that would 
be subject to subpart H. The two differed because the subpart H list 
had been agreed to by the negotiating committee before all technical 
analyses were complete.
    Commenters suggested simplifying the applicability of the HON by 
making the lists identical or by combining them into a single list. 
Other commenters asserted that there were non-SOCMI chemicals (e.g., 
phthalate esters) on the proposed lists and that these chemicals should 
be removed from the final rule.
    The EPA agrees with the commenters that the applicability of the 
rule will be clearer if there is only one list of SOCMI chemicals. 
Thus, the EPA has combined the two lists and placed the resulting list 
in table 1 of subpart F of part 63.
    The EPA re-evaluated several chemicals that some commenters had 
claimed were not SOCMI chemicals. In several cases the EPA disagreed 
with the commenters because the chemicals met the criteria that EPA has 
used to define the SOCMI. However, the EPA agreed with the commenters 
regarding phthalate esters. These chemicals are primarily used as 
plasticizers, not as building blocks for other chemical manufacturing, 
and will be regulated under a separate source category called 
``Phthalate Plasticizer Production.'' Because the production of these 
chemicals will be covered by a future section 112(d) standard, the EPA 
felt that it would be inappropriate to include them under the HON. 
Thus, phthalate esters were deleted from the list of SOCMI chemicals in 
the final rule.
    The EPA added a chemical to the HON SOCMI list that had previously 
been listed as a separate source category. The dodecanedioic acid 
process shares equipment with an adiponitrile process which is subject 
to the provisions of the HON. The EPA determined that it would be more 
appropriate to regulate production of dodecanedioic acid as part of the 
HON rather than prepare a separate standard. Thus, this chemical has 
been added to the list of SOCMI chemicals in the HON.
    Several commenters have alleged that the applicability provisions 
in the proposed HON are confusing, especially when applied to plant 
sites with integrated operations. To address the confusion, the EPA has 
clarified the provisions in the final rule to simplify the 
determination of applicability for facilities with integrated 
operations. Several commenters suggested that the term ``chemical 
manufacturing process'' be clarified regarding where the coverage of 
the HON begins and ends. The commenters described situations where:
    (1) Unit operations produce a SOCMI chemical as part of an overall 
non-SOCMI process;
    (2) Solvent is recovered or reclaimed;
    (3) Unit operations, storage vessels, and transfer racks are shared 
by two or more processes; and
    (4) The intended product is less than a by-product on a mass basis.
    In the final rule, the EPA has changed the term ``chemical 
manufacturing process'' to ``chemical manufacturing process unit'' and 
provided additional clarification on the boundary of a process subject 
to the HON. The term is now defined as follows:

    Chemical manufacturing process unit means the equipment 
assembled and connected by pipes or ducts to process raw materials 
and to manufacture an intended product. For the purpose of this 
subpart, chemical manufacturing process unit includes air oxidation 
reactors and their associated product separators and recovery 
devices; reactors and their associated product separators and 
recovery devices; distillation units and their associated distillate 
receivers and recovery devices; associated unit operations; and any 
feed, intermediate and product storage vessels, product transfer 
racks, and connected ducts and piping. A chemical manufacturing 
process unit includes pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, instrumentation systems, and control devices or 
systems. A chemical manufacturing process unit is identified by its 
primary product.

    Additionally, the final rule provides a comprehensive assignment 
procedure for distillation units, storage vessels, and transfer racks 
that are shared among processes. This assignment procedure is based on 
the predominant use of the equipment. The EPA has also clarified the 
term ``source'' by consolidating the definition into two adjacent 
paragraphs and wording it more in terms of equipment having specific 
functions. These and other clarifications should remove the confusion 
on the limits of a chemical manufacturing process unit subject to the 
HON.
    Commenters also asserted that the proposed definition of ``flexible 
operation unit'' was inadequate because it addressed only feedstock 
changes, and not operating changes to accommodate different products or 
specifications. Because changes in these units could be frequent, the 
commenters suggested basing applicability on the previous year's 
production.
    In the final rule, the EPA has changed the definition of ``flexible 
operation unit'' to include operating changes. Additionally, the EPA 
reevaluated the proposed requirement that a flexible operation unit 
would be subject to the HON only during times when the unit was 
producing a SOCMI product. The EPA decided that, due to the frequent 
product changes associated with flexible operation units, such a 
provision could complicate compliance determinations for sources and 
enforcement agencies. The EPA considered the commenters' suggestion to 
base applicability on the previous year's production but decided 
against this because the year preceding promulgation of the final rule 
might not have been representative of typical operation of the unit. 
Therefore, in the final rule flexible operation units are assigned to a 
specific chemical manufacturing process unit based on the anticipated 
use of the unit. For existing sources, assignment is based on the 
expected use over the first five years following promulgation, and for 
new sources, assignment is based on expected use in the first five 
years after start-up.
2. Definition of Major Source
    The EPA received a number of comments regarding a source's 
potential to emit. The EPA's policy on potential to emit is enunciated 
in the General Provisions. The reader is directed to those provisions 
for guidance.
    Public comments have indicated confusion on the applicability of 
the HON to a SOCMI chemical manufacturing process unit at a plant site 
where the predominant activity is part of another source category 
(e.g., a petroleum refinery). Some commenters pointed out that the 
permit rule (40 CFR 70.2) narrowed the basis for determination of major 
source status to include only the emission points within a single two-
digit SIC code. The commenters argued that this change would mean that 
the HON would apply only if a source was major due to its SOCMI 
processes. In other words, if the SOCMI processes at a source did not 
exceed the 10/25 tons per year HAP emission threshold, then the HON 
would not apply.
    The EPA maintains that, although 40 CFR 70.2 defines major source 
for the purpose of permitting, it does not alter the statutory 
definition under section 112. The permit rule applies to sources 
subject to a section 112(d) standard regardless of whether they are 
major sources as defined by 40 CFR 70.2.
    The EPA's position remains that if a plant site is a major source 
within the section 112 definition, the HON applies to the HAP-emitting 
SOCMI processes, and that the applicability of the HON to the SOCMI 
portion of the plant site is not limited by the principal activity at 
the site. This is consistent with the intent of the Act to regulate 
categories of HAP emission sources. The part 70 definition may result 
in more than one permit being issued for a major source of HAP 
emissions, but does not affect the applicability of MACT standards.
3. Exclusion of Area Sources
    In the preamble to the proposed HON, the EPA requested information 
on the existence and characteristics of any area sources in the SOCMI 
in order to determine if a separate MACT standard should be prepared. 
Because the comments did not indicate any reasons to develop an area 
source standard, the EPA maintains that the HON applies to major 
sources only. Area sources are not subject to the HON.
4. Determining New Source Status
    The EPA received a number of comments regarding the process for 
determining if new or existing source requirements would apply to a 
particular SOCMI emission point or process unit. In response to those 
comments the EPA has clarified the relevant section of subpart F. The 
requirements and definitions used by the HON to distinguish new and 
existing sources are consistent with section 112(a) and the related 
components of the General Provisions. As a result, the following could 
be subject to the HON's requirements for new sources: (1) Chemical 
manufacturing process units constructed after the date of proposal of 
the HON (December 31, 1992); (2) existing sources reconstructed after 
that date; and (3) ``greenfield'' HON chemical manufacturing process 
units that constitute all or part of a major source constructed after 
that date. (New source requirements would not be triggered by the 
addition of an individual emission point, such as a storage vessel.) In 
addition, a newly constructed chemical manufacturing process unit must 
also have the potential to emit major quantities (10 tons per year of 
any HAP or 25 tons per year of any combination of HAP's) in order to be 
subject to new source requirements for the HON. Thus, any change or 
addition to an existing SOCMI plant site must meet the same three 
criteria as a ``greenfield'' plant to be considered a new source. The 
EPA selected this approach for determining what is subject to new 
source requirements to avoid providing an incentive for SOCMI owners 
and operators to construct processes as area sources. Also, EPA wanted 
to ensure that new sources built at existing plant sites are subject to 
the same requirements as new sources that are ``greenfield'' sites. 
Additions to an existing plant that do not meet the requirements of 
being a chemical manufacturing process unit and do not have the 
potential to emit major amounts, will be subject to existing source 
requirements.
B. Selection of Pollutants
    In selecting the HAP's that would be regulated by the HON, the EPA 
started with the list of 189 HAP's in the Act. Because the HON was 
intended to reduce emissions from organic chemical manufacturing, the 
EPA studied the processes used to manufacture SOCMI chemicals and 
narrowed the list to those organic HAP's that would be emitted from 
SOCMI processes.
    In the proposed rule, there were two lists of organic HAP's--one 
that applied to subpart G and another that applied to subpart H. The 
lists differed by 37 HAP's because the subpart H list had been agreed 
to by the negotiating committee before all technical analyses were 
complete. These technical analyses indicated that 37 of the organic 
HAP's on the list approved by the committee should be removed from the 
list because they would not be emitted from SOCMI production processes. 
In public comments received on the proposed rule, it was suggested that 
the EPA combine the two lists to simplify implementation of the rule. 
The EPA decided that it was appropriate to include only one list of 
organic HAP's in the final rule. The list is located in table 2 of 
subpart F and contains 112 compounds. Keeping the shorter of the two 
proposed lists will not result in greater emissions because the 
additional 37 HAP's on the longer list would not be emitted from SOCMI 
processes. Also, because the non-SOCMI processes in subpart I are only 
subject to the standard for the designated pollutants, combining the 
organic HAP lists does not affect emissions from those processes.

C. Selection of Rule

1. Floor Determination
    a. Background on impacts estimates. As explained in the preamble to 
the proposed rule (57 FR 62621), the EPA developed the information on 
control costs and emissions for SOCMI using a model emission point 
approach to represent the broad range of characteristics of SOCMI 
operations. The EPA elected to use the model emission point approach in 
part because of the limited time provided by the statutory requirement 
to regulate 40 source categories (which legislative history states 
should be the priority elements of the chemical industry) by 1992 and 
to establish regulations for all initially listed source categories by 
2000. Because a generic model emission point approach allows one 
regulation to cover a large number of different chemical processes, it 
was considered more resource efficient and the only practical way to 
develop regulations on the schedule mandated by Congress.
    The impacts estimation methodology involved three steps: (1) 
Development of a data base characterizing the SOCMI, (2) development 
and assignment of model emission points for each kind of emission 
point, and (3) calculation of emissions and control impacts. The 
characterization of the SOCMI primarily involved identifying the 
specific routes, reactants, and process technologies used to produce a 
chemical and the corresponding SOCMI chemical manufacturing process 
units. In addition, information on existing State and Federal 
regulations was compiled for each kind of emission point to determine 
the baseline control requirements applicable to SOCMI chemical 
manufacturing process units.
    Model emission points were developed to represent each kind of 
emission point in the SOCMI. The models were developed to emphasize 
those characteristics that most influence emissions, control costs, 
energy needs, and secondary environmental impacts. These models were 
applied to individual chemical manufacturing process units in the SOCMI 
data base using decision rules based on the level of information in the 
data base and the specificity of a given model. These models are 
representative of average, representative, or typical emissions for the 
specific process or reaction type. Thus, the estimates do not reflect 
actual emissions that would occur at any particular chemical 
manufacturing process unit because process design and operation 
characteristics vary from plant to plant.
    Estimates of existing controls were developed by compiling 
information in existing state and Federal regulations applicable to 
SOCMI processes. In this analysis, the EPA used data on the control 
requirements in existing State and Federal regulations to identify 
those emission points that must be controlled in the absence of this 
rule and to identify the required controls. It was assumed that all 
chemical manufacturing process units would be in compliance with 
applicable air pollution regulations.
    The data base and model emission points used to estimate the 
impacts of the HON are based on published literature and information 
that the EPA has collected during other rulemaking efforts including 
NSPS for air oxidation processes, distillation operations, reactor 
processes, volatile organic liquid storage, and equipment leaks; and 
NESHAP for vinyl chloride and benzene. Some additional information was 
obtained on wastewater operations and transfer loading operations by 
requesting it from the industry under authority of section 114 of the 
Act.
    In development of the proposed rule, the EPA recognized that the 
data base developed to provide estimates of nationwide costs and 
emission reductions did not provide site-specific emission and control 
information and these limitations needed to be considered in the 
determination of the floor for the category. The EPA developed the 
floor from an analysis of the information for each kind of emission 
point. The information the EPA used in determining the source-wide 
floor consisted of the estimates of the number and characteristics of 
the model emission points, the emission control requirements currently 
in place for each point based on information available to the EPA, and 
the expected control efficiencies for the control technology. To 
determine the source-wide floor for existing sources at proposal, the 
EPA examined the supporting information to identify the emission 
characteristics of the emission points which had at least 12 percent of 
the points controlled by the reference control technology. This 
analysis was done for each kind of emission point. The characteristics 
used to identify groups of emission points were physical parameters 
such as flow rate, HAP concentration, and vapor pressure. The source-
wide floor was determined by the combination of the control levels for 
all four kinds of emission points.
    A similar method was used to determine the source-wide floor for 
new sources. For each kind of emission point, the characteristics of 
the smallest emission point controlled by the reference control 
technology were identified as the means for determining the best 
controlled similar source. Again, the source-wide floor was determined 
by the combination of control levels for all emission points.
    b. Public comment issues. Commenters raised three basic issues on 
the approach used to determine the floor for SOCMI sources:
    (1) Information used to predict existing control understated actual 
control present;
    (2) The methodology used to estimate the floor overstated the 
floor; and
    (3) The ranking criterion used for process vents introduced cost 
considerations into the floor.
    Data base understates actual control. A number of commenters argued 
that the approach, or the information, the EPA used understated actual 
control in the SOCMI. Some of these commenters thought that the EPA 
should have gathered site-specific data on emissions and controls to 
properly establish the floors. Other commenters argued that the EPA 
should have used state air toxics and new source review permits to 
determine actual control levels, since many air toxics programs are 
implemented through permit programs.
    While the EPA would have preferred to have developed site-specific 
information on emissions and controls for processes subject to this 
rule, it was not possible to do so given the deadlines applicable to 
this rulemaking. Section 112(e)(1) of the CAA required that the EPA 
promulgate emission standards for at least 40 source categories and 
subcategories by November 15, 1992. Having failed to meet that 
statutory deadline, the EPA entered into a consent decree requiring the 
promulgation of the HON by February 28, 1994. Neither that deadline nor 
the statutory deadline for the rules covering 40 source categories and 
subcategories could have been met if the EPA used the alternative 
approach suggested by the commenters. The EPA's past experience in 
developing the data base for the previous section 112 program and for 
NSPS standards demonstrates the great length of time necessary to 
develop and analyze the data for development of emission standards to 
control emissions from the SOCMI. The data base developed for this 
rulemaking used the results of more than 10 years of data gathering and 
analysis of SOCMI sources. Developing an entirely new data base as 
suggested by the commenters is expected to require anywhere from 4 to 
10 years depending on the degree of evaluation of performance and 
whether permits are reviewed for all SOCMI sources. Consequently, the 
EPA elected to use information readily available to it to determine the 
floor for the SOCMI standard under section 112(d) of the CAA. In light 
of the EPA's prior experience with regulation of the SOCMI, the EPA 
believes that this decision was entirely reasonable.
    Furthermore, the EPA does not believe that the method used by the 
EPA to determine existing control levels and the floor understated 
actual control levels in SOCMI. The EPA holds this view because other 
assumptions used in the analysis introduced a positive bias. Examples 
of assumptions that would introduce an upward bias to the analysis 
include: (1) All sources are in compliance with all applicable control 
requirements for air emissions; and (2) sources would be in compliance 
with recently established requirements such as 40 CFR part 61 subpart 
BB. Thus, the EPA believes that taken as a whole the uncertainties 
should balance out, and the control level is not understated. It should 
be noted also that other commenters thought that the floor was 
overstated.
    Methodology overstated floor. In contrast, another group of 
commenters argued that the point-by-point approximation of the floor 
introduced a positive bias in the source-wide floor. These commenters 
explained that the assumption that the best controlled of each kind of 
point are co-located is invalid. They noted that in practice different 
sources have the better controls on the different kinds of points. 
These commenters argued that the EPA should have considered this bias 
in decisions to require control beyond the floor. Some of these 
commenters also questioned inclusion of requirements in recent NESHAP 
in the assessment of the floor control and the estimates of control 
efficiency achieved by some control devices. None of the commenters 
provided data or suggested methodologies that could be used to improve 
the EPA data base to develop better estimates of the source-wide floor.
    The EPA maintains that, given the uncertainties in the data base, 
the procedure used to determine the floors in the proposal (and in this 
final rule) is a reasonable approach to the determination of the floor. 
As explained above, the EPA could not develop actual site-specific data 
in the time available for this rulemaking. Thus, the EPA had to rely on 
existing data sources to develop model emission points characteristics 
for sources subject to this rule. Where data were available for the 
specific process, the model emission points characteristics reflected 
average or representative operations for the specific process. In cases 
where no data were available for a specific process, the model emission 
point characteristics were derived from average characteristics for the 
generic reaction type (e.g., hydrogenation, halogenation, etc.). Thus, 
the estimates cannot be viewed as reflecting actual emissions and 
controls at any particular process unit or plant site. The EPA 
considered whether to develop floors using estimates of site-specific 
emissions and controls and rejected that approach as introducing 
additional assumptions and such large uncertainties as to render the 
analysis meaningless. For example, due to incomplete information, it is 
probable that not all process units at each plant site were properly 
identified. In fact, locations of some chemical production processes 
are unknown. Site specific differences in process unit design could not 
be taken into account in assigning model emission points and baseline 
control levels. Thus, there is uncertainty about the existence of any 
particular emission point, as well as its assigned emission and control 
level at any particular plant site. Furthermore, independent assignment 
procedures were used for each kind of emission point. In consideration 
of these factors, the EPA believes that the uncertainties introduced by 
the assumptions made in assigning emission point characteristics to 
specific sites are so large as to undermine the validity of the 
analysis. The EPA believes that the approach it used of developing 
point-by-point approximations of the source-wide floor was the most 
appropriate use of the available data base to determine the floors. 
Moreover, the EPA does not believe that its methodology, when all 
aspects are considered, did overstate the source-wide floor. While the 
assumption of collocation of the best controlled points does introduce 
an upward bias in the analysis, there are other aspects of the analysis 
that work in the opposite direction. For example, the use of 
information from State regulations instead of site-specific control and 
operation information would be likely to understate the degree of 
control present in some sources. As previous commenters noted, site- 
specific controls that may have been included in new source permits or 
applied voluntarily could not be accounted for in the data base. Thus, 
the EPA expects these factors are likely to balance out. It should be 
noted also that other commenters thought that the floor was 
understated.
    The EPA also believes that its choice of methodology was reasonable 
since it provided additional assurance that, not withstanding the 
uncertainties inherent in the data base, the floor determined by the 
EPA would be no less stringent than the actual source-wide floor. As 
some of the uncertainties present, such as the reliance on analyses of 
State regulations rather than actual permitted levels of emissions, 
would lead to a less stringent floor in the absence of countervailing 
factors, the EPA believes it was reasonable to provide a safety factor 
by determining the floor on the basis of a point-by-point approximation 
that assumed the co-location of the best-controlled points.
    In any event, even if the EPA's point-by-point methodology may have 
overstated the floor, such an overstatement does not invalidate the 
emission standard since the overall source-wide standard exceeds the 
floor determined by the EPA.
    A second issue raised regarding the methodology and information was 
whether it was appropriate to consider the Benzene Transfer (40 CFR 
part 61, subpart BB) or Benzene Waste (40 CFR part 61, subpart FF) 
NESHAP as applicable control requirements. These commenters questioned 
whether section 112(d)(3)(A) of the Act required that these control 
requirements not be considered in the floor determination. (See section 
II.C of this notice.)
    The EPA maintains that it was appropriate to consider the control 
requirements of Benzene Transfer since these controls were required 
more than 30 months before promulgation of this rule. Furthermore, 
information collected in the section 114 surveys shows that a few 
sources were steam stripping wastewater containing chemicals with 
volatilities similar to benzene. Because the new source floor is 
determined based on the best controlled similar source, the 
requirements were included in the determination of the floor for new 
sources. In addition, the Vinyl Chloride NESHAP, which was issued in 
1977, also requires treatment of wastewater streams containing greater 
than 10 ppm. Consideration of the Benzene Waste NESHAP did not affect 
the existing source floor because fewer than 1 percent of the 
wastewater streams in the HON data base are expected to be subject to 
Benzene Waste NESHAP control requirements, and the floor is determined 
to be no control for wastewater streams at existing sources.
    Ranking criterion used for process vents analysis. Some commenters 
thought that the EPA had introduced cost considerations into the floor 
by the ranking procedure used for process vents. These commenters noted 
that considering cost in determining the floor was contrary to 
Congressional intent.
    The EPA does not believe that the procedure used to rank process 
vents did introduce cost into the determination of characteristics of 
process vents controlled at the floor. The reasons EPA holds this view 
can be best explained by restating the process used and comparing it to 
other ways of analyzing the process vent data.
    To determine the source-wide floor, the EPA ranked the data base 
for the specific emission point by a characteristic that would affect 
the likelihood for control. For existing sources, the proposed floor 
was defined as the emission characteristics where at least 12 percent 
of the points were controlled by the reference control technology. For 
new sources, the proposed floor was defined by the characteristics of 
the point with the smallest emission rate that was controlled. By 
analyzing the ranked data, it could be determined that emission points 
with certain physical characteristics are currently controlled, while 
emission points with other characteristics are not controlled. Storage 
vessels, for example, were ranked by vapor pressure because vapor 
pressure is one of the three major factors that influence emissions and 
potential emission reductions. The ranking clearly showed that vessels 
storing liquids above a certain vapor pressure are controlled at the 
best controlled sources, so the source-wide floor would require control 
of such vessels; whereas, vessels storing liquids with lower vapor 
pressures are not currently controlled and would not require control 
under the source-wide floor.
    Process vents were ranked using cost effectiveness of control (or 
TRE) as a surrogate measure because this can be used to reflect all 
possible combinations of various factors that affect emission rates and 
likelihood of current control (flow rate, HAP concentration, net 
heating value, and corrosion properties). Use of a single criterion of 
cost effectiveness results in a more easily understood parameter and is 
consistent with the format of the process vent provisions. The cost-
effectiveness values were used only to rank the vents in the data base 
and as a characteristic to identify controlled vent characteristics 
(similar to the way in which vapor pressure was used to identify the 
characteristics of the best controlled storage vessels). In determining 
the process vent component of the source-wide floor, no judgements were 
made about the reasonableness of the characteristics of the controlled 
vents.
    Because of the opinions expressed by commenters, the EPA also 
reevaluated the process vent control level associated with the floor 
using emissions as the ranking parameter. Emissions correlate with 
likelihood of control, but the correlation is weaker because other 
factors (such as concentration and flow) also influence it. The process 
vent data base was ranked by vent from lowest to highest emission rate. 
The characteristics of the process vent where at least 12 percent of 
the process vents are controlled is 64 Mg/yr (71 tons/yr) and the cost-
effectiveness value is $1,620/Mg ($1,460/ton). Thus, essentially 
identical results are obtained by both ranking procedures.
    As discussed in section V.C.1.c of this preamble, comment has been 
requested in other rulemakings on the meaning of the statutory language 
``the average emission limitation achieved by the best performing 12 
percent of the existing sources.'' Because of this, the average 
characteristics of the top 12 percent of the process vents were 
determined using the emissions ranking of the data base. This analysis 
showed that vents with 27 Mg/yr (30 tons/yr) emissions would have to be 
controlled at the floor. When these average characteristics are used to 
derive the comparable TRE value, the result is about $2,900/Mg ($2,600/
ton). The discussion of the control levels selected for existing 
process vents demonstrates that in this case the interpretation of the 
statutory floor language is not relevant. This is the case because, 
when cost and environmental and energy impacts are considered, as 
required by the statute, the appropriate control level for process 
vents is equal to the more stringent floor calculation. Thus any 
ambiguity in the floor language and methodology does not affect the 
regulatory alternative selected for this rule.
    Analysis of expected control efficiency at floor for storage 
vessels at existing sources. Several commenters questioned the 
assessment of the performance capabilities of actual controls on 
existing storage vessels. As discussed in section V.C.3 of this 
preamble, the performance was reassessed considering the comments. This 
reevaluation determined that for existing storage vessels best control 
systems are:
    (1) A 90-percent efficient control device; or
    (2) An IFR or EFR with a continuous seal, but without controlled 
fittings.
    Also in the reexamination of existing control level, it was 
determined that an error had been made in assignment of applicability 
of the Benzene Storage NESHAP (40 CFR part 60, subpart Y) to storage 
vessels in the data base. Upon examination of the data base, it was 
found that some vessels had been assumed to be controlled due to 
subpart Y, but the liquids stored did not meet the applicability 
criteria of subpart Y. The Benzene Storage NESHAP applies only to 
vessels storing liquids that meet the specifications of ASTM D-836-84 
for industrial grade benzene, or refined benzene -485, -535, or -545. 
After correction of the data base, 2 percent of the small vessels, 6 
percent of the medium vessels, and 12 percent of the large vessels were 
found to be controlled. The effect of this on the assessment of the 
floor for existing sources is discussed in the next section of this 
preamble.
    c. Interpretation of statutory language for existing source floors. 
In recent Federal Register notices of proposed rulemakings (Pulp and 
Paper and Chromium Electroplating), the EPA has requested comment on 
the EPA's interpretation of the meaning of ``the average emission 
limitation achieved by the best performing 12 percent of the existing 
sources'' and the methodology for determining the MACT floor. Comments 
have been specifically requested in these proposed rulemakings on 
whether the MACT floor for existing sources should be set at the 88th 
percentile or at the level reflecting the median or mean level of 
control achieved by the best performing 12 percent of sources. 
Questions have been raised on how the methodology used in determination 
of the floors for the HON relates to floors being determined using 
alternative procedures.
    With the exception of process vents and medium-sized storage 
vessels, the two methodologies result in the same control level for the 
floor. This results because for most of the HON data base there is 
little variation in the physical characteristics of the emission points 
in the top 12 percent of the population. The average or mean is equal 
to the median value of the distribution as well as the 88th percentile 
value. Thus, for this data base, whether the floor is determined using 
the characteristics of the median, mean or 88th percentile does not 
matter. The assessment of the average characteristics of the best 
performing 12 percent of each kind of point is described below.
    As described earlier in the discussion of the process vent ranking 
criterion, the average characteristics of the top 12 percent of the 
process vents was equivalent to about $3,000/Mg ($2,700/ton). The 
characteristics of process vents where at least 12 percent are 
controlled by the reference control technology is equivalent to $1,500/
Mg ($1,360/ton).
    For small storage vessels, the revised data base showed that only 2 
percent of the vessels were controlled. Thus, the median 
characteristics of the top 12 percent of the vessels is no control. 
This control level is the same as the level predicted by 
characteristics where at least 12 percent are controlled.
    As mentioned earlier, the EPA is not taking final action at this 
time concerning the provisions applicable to medium storage vessels. 
The reason is to take comments on the difference in the floor 
determination that would result from the application of the two 
interpretations discussed above. For medium storage vessels, 6 percent 
of the vessels are controlled with either a 90-percent efficient 
control device or an IFR or EFR with a continuous seal. All of the 
controlled medium-sized vessels contained liquids with vapor pressures 
of 13.1 kPa (1.9 psia). The arithmetic average, or mean characteristics 
of the top 12 percent of the medium vessels would not represent the 
performance of any known technology. If the EPA used the median as the 
average for these vessels, however, the floor determined by the average 
characteristics of the top 12 percent of the sources would require 
control of vessels storing liquids with vapor pressures of 13.1 kPa 
(1.9 psia) by either a 90-percent efficient control device or an IFR or 
EFR with a continuous seal. This is the same vapor pressure that was 
identified at proposal. With the revised data base, the floor 
determined by the characteristics where at least 12 percent of the 
points are controlled would require no control.
    For large storage vessels, the revised data base showed that 12 
percent of the vessels were controlled and essentially all controlled 
vessels in the top 12 percentile of each size range of vessels stored 
liquids with vapor pressures of 13.1 kPa (1.9 psia). So the median or 
average characteristics of the top 12 percent of the vessels is the 
same as the characteristics where at least 12 percent of the vessels 
were controlled. Both procedures show the floor to require control of 
vessels containing liquids with vapor pressures of 13.1 kPa (1.9 psia) 
and higher.
    The data base information for transfer racks also showed that all 
controlled racks loaded liquids with vapor pressures of 10.3 kPa (1.5 
psia) and no racks loading liquids with vapor pressures less than 10.3 
kPa (1.5 psia) were controlled. Thus, the two procedures would predict 
the same control requirements for the floor.
    Fewer than 1 percent of the wastewater streams in the HON data base 
were expected to be subject to regulations that required control of air 
emissions. Thus, for wastewater the average of the top 12 percent of 
streams would represent no control since the median stream is not 
controlled and the arithmetic average of the top 12 percent of the 
sources does not correspond to any known control measure. The 
alternative procedure for determining the floor also shows that the 
floor would be no control.
    In summary, the outcome of the debate concerning the appropriate 
interpretation of the floor language is not pertinent to the final 
provisions for process vents, transfer operations, wastewater, small 
storage vessels, and large storage vessels. Under either 
interpretation, the floor would not alter the regulatory decisions 
contained in this rule for those emission points because the standard 
is, on the basis of cost and environmental and economic impacts, set at 
or above each component of the floor regardless of which interpretation 
is chosen. In the case of medium storage vessels, however, the EPA is 
deferring final action pending the receipt and review of additional 
public comment.
2. Alternative Control Levels
    a. Stringency of standard. The proposed standard would have 
required control of emission points with characteristics meeting the 
criteria listed in table 5 through the use of reference control 
technologies. The EPA selected the proposed control requirements from 
the alternatives listed in tables 5 and 6 of the proposed notice of 
rulemaking (57 FR 62629 and 62630). These alternatives differed only in 
the number of emission points that would be controlled by the reference 
control technology. The proposed requirements were selected 
considering: (1) Magnitude of the emission reduction; (2) cost of the 
emission reduction; (3) economic impacts and feasibility; (4) 
consistency with previous decisions; (5) other non-air quality health 
and environmental impacts; and (6) energy requirements. It was the 
EPA's judgement that the proposed requirements would be achievable at 
reasonable cost, and with reasonable economic and other impacts.
    The proposed control requirements were expected to significantly 
reduce HAP emissions from SOCMI sources. The proposed standard was 
estimated to reduce HAP emissions from the four kinds of emission 
points by 422,000 Mg/yr (464,000 tons/yr) from existing and new 
sources. At proposal the total nationwide annual cost associated with 
this emission reduction was estimated to be about $182 million/yr, with 
$48 million/yr of this cost associated with the monitoring, 
recordkeeping, and reporting requirements.
    Public comments on the proposed control levels were polarized with 
industry groups arguing the proposed standard was too stringent and 
environmental and public interest groups arguing the standard did not 
require sufficient control. Commenters who argued that the standard was 
too stringent thought that in the decisions to go beyond the floor the 
EPA should have considered the bias introduced by the procedure used to 
determine the floor. Several commenters suggested alternative criteria 
which they considered to be more appropriate. These commenters, 
however, did not provide supporting rationale for their preferences. 
Commenters representing environmental and public interest groups 
expressed concern that the proposed standard did not require control of 
all emissions, but allowed a large amount of emissions to go 
uncontrolled. Several State and local regulatory agency commenters 
thought that, at a minimum, the standard should have required control 
comparable to existing control requirements for VOC, such as the NSPS 
standards for SOCMI process vents (40 CFR part 60, subparts III, NNN, 
and RRR).
    The EPA considered all of the comments in selecting the final 
control requirements of the standard. In considering these comments, 
the EPA viewed the concerns in the context that the positions and 
concerns were diametrically opposed to one another. Thus, no response 
could completely resolve the issues. The EPA's reexamination of the 
control requirements of the standard and response to the commenters' 
concerns is provided in the following paragraphs of this section of the 
preamble.
    The final regulatory alternatives for existing and new sources are 
shown in tables 6 and 7.

    [Note: Regulatory alternatives were developed using information 
for the chemical processes that could be characterized sufficiently 
to permit assignment of model emission points. The estimates 
presented in tables 6 and 7 differ from the estimates summarized in 
section IV of this notice because the estimates in section IV 
include an extrapolation to account for processes that could not be 
modeled.]

    The only differences between these alternatives and the 
alternatives at proposal are revisions made to the estimates of 
wastewater emissions and control costs and the storage vessel control 
costs, as discussed in sections V.C.3.b and V.C.3.d of this preamble.
    The following discussion of the final selection of control levels 
is limited to the primary factors that affected the decision. The 
primary factors are the emission reduction, control cost, consistency 
with other standards, and economic efficiency. Other factors such as 
non-air environmental impacts (solid waste and water) and energy 
impacts do not vary significantly among the alternatives. Consequently, 
these factors are not discussed in this preamble. Readers should see 
the proposed rulemaking (57 FR 62608) for the discussion of these other 
factors.
    (i) Process vents. In the final rule, the EPA selected Option 3 
(TRE cost-effectiveness values of up to $3,000/Mg) as the basis for the 
requirements for process vents at existing sources. The EPA's selection 
of Option 3 for process vents was principally based on consideration of 
the emission reductions, costs, and consistency with other standards. 
Specifically, the control level required by this option will reduce 
emissions by 2,000 Mg/yr (2,200 tons/yr) more than Option 2, upon which 
the proposed requirements were based. This additional emission 
reduction is estimated to cost approximately $4 million/yr more than 
Option 2 or $2,500 for each additional Mg of emissions ($2,270/ton).
    The EPA believes that the control required by Option 3 is 
achievable considering the statutory criteria, for the following 
reasons. First, EPA has received extensive comment on the proposed 
rule. No commenters submitted data or arguments demonstrating that the 
costs of the proposed range of options (Options 1 to 4) were 
unreasonable. Second, the incremental cost effectiveness of Option 3 
compared to Option 2 ($2,500/Mg [$2,275/ton]) is within the cost- 
effectiveness values from recent decisions on other standards. Third, 
the TRE format of the process vents provisions allows facilities the 
flexibility to comply through changes in equipment or operations. As a 
result, actual costs could be lower than estimated. Based on the above 
considerations, the EPA judged that the control required by Option 3 is 
achievable considering the statutory criteria.
    Fourth, Option 3 would provide consistency between the HON and the 
recently issued CTG for SOCMI process vents, which requires control of 
vents with TRE cost-effectiveness values of $2,500/Mg of VOC ($2,270/
ton). Option 3 would also be consistent with the applicability criteria 
for the three SOCMI process vents NSPS, which require control of vents 
with TRE cost-effectiveness values of $3,000/Mg of VOC ($2,700/ton) 
adjusted to 1989 dollars. The EPA believes that consistency among these 
requirements would reduce administrative costs and implementation 
difficulties for both EPA and permit authorities as well as industry. 
An additional consideration in selection of Option 3 was public 
comments that the requirements should be at least equivalent to the 
requirements of the SOCMI NSPS and CTG.
    In addition, Option 3 is consistent with one interpretation of the 
statutory language on floors, and thereby arguably is the minimum 
statutorily permissible level of control. However, based on the above 
analysis, Option 3 would have been selected whether it was equal to or 
above the floor.
    More stringent control than Option 3 was not selected because the 
EPA could not conclude, based on currently available information, that 
the additional emission reduction warranted the additional cost in this 
case. The control level for Option 4 as compared with Option 3 would 
achieve an additional emission reduction of 1,100 Mg/yr (1,200 tons) at 
an additional cost of $4 million/yr. The incremental cost effectiveness 
of Option 4 relative to Option 3 is $3,900/Mg ($3,500/ton).
    The final standard retains the proposed requirement for control of 
process vents with TRE cost-effectiveness values of $11,000/Mg ($9,980/
ton) at new sources. The EPA considered selecting a level of emission 
reduction more stringent than the level associated with the source-wide 
floor for process vents at new sources. However, a standard more 
stringent than the floor component is not being established because the 
costs were considered high given the very small additional emission 
reduction available. The additional control would achieve an additional 
emission reduction of about 100 Mg/yr at a cost of about $4 million/yr, 
or $47,000 for each additional Mg of emission reduction ($43,000/ton). 
Therefore, the control level associated with the source-wide floor was 
considered to represent the maximum reduction achievable for new 
sources considering cost and other impacts. The final standard for new 
sources reflects the floor level of control for process vents.
    (ii) Storage vessels. As described in section V.C.3.b of this 
preamble, the cost analysis for storage vessels at existing sources was 
revised after consideration of public comments on the assumptions in 
the cost analysis. These revisions are reflected in the control cost 
estimates in table 6. The EPA also revised its estimate of control 
levels achieved by storage vessels at existing sources. As discussed in 
section V.C.1 of this preamble, the best controls are IFR or EFR seals 
without controlled fittings or a 90 percent efficient control device. 
Because these controls are less economically efficient than the 
proposed option, which was based on the existing requirements in 40 CFR 
part 60 subpart Kb, the EPA did not develop a regulatory alternative 
corresponding to floor control levels for all storage vessels at 
existing sources. Instead, the regulatory alternatives in table 6 
reflect the combination of: (1) The proposed control requirements for 
vessels, which at the time of proposal were equipped with less 
efficient controls than the control at the revised floor and (2) the 
floor control for vessels, which at the time of proposal were equipped 
with the floor controls. The alternatives were structured in this 
manner because the EPA could not conclude, based on currently available 
information, that requiring replacement of existing well- operated and 
maintained controls that met the control efficiency achieved by sources 
at the floor was justified. This additional control was estimated to 
cost about $38,000 for each additional Mg of emission reduction 
achieved ($34,000/ton).
    For small storage vessels at existing sources, the maximum 
potential reduction of 380 Mg/yr would cost about $22 million/yr, or 
$58,000 for each additional Mg ($52,000/ton). Due to the relatively 
high incremental costs and low emission reductions of these 
alternatives, the EPA believes that the control level for the small 
storage vessels component of the source-wide floor for existing sources 
represented the maximum reduction achievable considering cost and other 
impacts.
    As discussed in section III.B.3 of this preamble, the EPA is not 
taking final action at this time regarding medium vessels at existing 
sources.
    For large storage vessels at existing sources, the EPA considered 
but rejected changing the control levels from the proposed 
requirements. The selected control level achieves an additional 3,100 
Mg/yr (3,400 tons/yr) emission reduction above Option 1 at an 
additional cost of $5 million/yr, or about $1,600 for each additional 
Mg ($1,400/ton). Another consideration was that the selected control 
requirements are consistent with the requirements in the NSPS for 
storage vessels (40 CFR part 60, subpart Kb).
    The more stringent control option, Option 3, was not selected 
because although it would achieve roughly an additional 4,000 Mg/yr 
(4,400 tons/yr) emission reduction, the additional cost would be 
substantial ($15 million/yr). This would be equivalent to about $4,000 
for each additional Mg of emission reduction ($3,600/ton). The EPA 
could not conclude, based on currently available information, that the 
additional emission reduction warranted the additional cost in this 
case.
    The control decisions for storage vessels at new sources were also 
reexamined. The regulatory alternatives in table 7 reflect minor 
revisions made to the cost analysis as a result of public comments. 
After considering the alternatives and the associated impacts, the EPA 
concluded that the proposed requirements represented the maximum 
reduction achievable considering costs and other impacts. More 
stringent control than the proposed levels would not reduce HAP 
emissions significantly enough to warrant the increase in control 
costs.
    For small and medium vessels at new sources, none of the 
alternative control options more stringent than the floor components 
were selected. After considering the emission reductions, costs, and 
other impacts of the alternatives, the EPA determined the cost to 
achieve the additional reduction was high given the very small 
potential emission reductions. Additional control would reduce 
emissions from medium storage vessels by less than 20 Mg/yr (22 tons/
yr) at an additional cost of about $750,000/yr, or $47,000 for each 
additional Mg. For the small storage vessels segment of the population, 
further control would result in less than 10 Mg/yr (11 tons/yr) 
emission reduction at an added cost of about $2.3 million/yr or 
$336,000 for each additional Mg. Therefore, due to the relatively high 
incremental costs and low incremental emission reductions, the EPA 
determined that the control level for the small and medium storage 
vessels components of the source-wide floor for new sources represented 
the maximum reduction achievable considering cost and other impacts.
    For large storage vessels at new sources, the EPA concluded that 
the proposed control levels represented the maximum reduction 
achievable considering costs and other impacts. The control requirement 
for large storage vessels is estimated to achieve an emission reduction 
of 1,700 Mg/yr (1,900 tons/yr) of HAP's compared to emissions that 
would occur without the standard. This represents an 84 percent 
reduction from this segment of the SOCMI storage vessel population. The 
annual cost to achieve this reduction is about $2.9 million and the 
average cost effectiveness of this control is $1,700/Mg ($1,500/ton). 
More stringent control was not selected because the additional emission 
reduction of 3 Mg/yr achieved through further control is not 
significant, given the additional cost ($300,000/yr). This cost was 
judged to be disproportionately high.
    (iii) Transfer operations. No changes were made to the estimates of 
emissions or control costs for transfer operations. The final transfer 
operations control requirements for both existing and new sources are 
unchanged from the proposed requirements. More stringent control was 
not selected because the small additional emission reduction that could 
be achieved was disproportionate to the cost. The incremental cost 
effectiveness of the additional emission reduction that could be 
achieved is $54,000/Mg.
    (iv) Process wastewater. As discussed in the proposed notice of 
rulemaking (57 FR 62643-62645), there were a number of issues regarding 
the emission and control cost estimates that the EPA was evaluating at 
the time of proposal. The EPA has completed its evaluation of these 
issues, and section V.G.4 of this preamble summarizes the basis for the 
final estimates for SOCMI sources subject to the HON. A more detailed 
description of the analysis and basis for the final estimates is 
provided in the BID and docket A-90-23. The emission and control cost 
estimates provided in tables 6 and 7 reflect the revised emission and 
cost estimates for process wastewater. The revised estimates are 
approximately 20 percent lower than the estimates presented at proposal 
(57 FR 62629-62630).
    The EPA reexamined the proposed control requirements in light of 
these changes and public comments on the stringency of the standard. 
After considering the alternatives and the associated impacts, the EPA 
concluded that the proposed control criteria for process wastewater 
streams at existing sources (flow of 10 lpm or greater and VOHAP 
concentration of 1000 ppmw) represent the maximum reduction achievable 
considering costs and other impacts. More stringent control than the 
proposed levels would not reduce HAP emissions significantly enough to 
warrant the increase in control costs.
    Alternative control Options 2 through 4 were not selected because 
the additional emission reduction achieved through further control was 
not significant, given the costs and the uncertainty regarding the 
characterization of SOCMI wastewater systems. Specifically, control of 
wastewater streams with a flow rate of 5 lpm or greater and a VOHAP 
concentration of 800 ppmw (Option 2) was estimated to result in about 
700 Mg/yr (770 tons/yr) additional reduction at a cost of about $2.9 
million/yr. This control option has an incremental cost effectiveness 
of $4,300/Mg ($3,900 ton). Options 3 and 4 achieve only a small 
additional emission reduction at incremental cost effectiveness values 
of $13,400/Mg and $24,000/Mg ($12,100/ton and $21,600/ton). Given the 
technical uncertainties that exist regarding the representation of 
SOCMI wastewater streams and industry practices in design of wastewater 
collection and treatment systems, it is uncertain whether any of the 
alternative control options considered would result in additional 
emission reductions.
    The regulatory alternatives considered for process wastewater 
streams at new sources were a combination of the floor control 
requirement for organic HAP's with volatilities similar to benzene (see 
table 8 of subpart G for the list of organic HAP's) and control 
alternatives for the less volatile organic HAP's (see table 9 of 
subpart G for the list of organic HAP's). Table 7 shows the emission 
reductions and costs associated with the floor control for the table 8 
organic HAP's combined with the emission reduction and costs for 
control of total VOHAP concentrations of either 1,000 ppmw (Option 2) 
or 5 ppmw (Option 3). After considering the alternatives and the final 
emission and control costs, the EPA concluded that the control 
requirements in Option 2 are achievable. The control requirements for 
new source wastewater streams would apply to 3 sets of streams: Streams 
with flow rates of 0.02 lpm or greater and a VOHAP concentration of 10 
ppmw or greater of organic HAP's listed in table 8 of subpart G; and 
streams with a flow rate of 10 lpm or greater and a VOHAP concentration 
of 1000 ppmw or greater of organic HAP's listed in table 9 of subpart 
G; and any stream with a VOHAP concentration of 10,000 ppmw or greater 
of organic HAP's listed in table 9 of subpart G. The control level was 
selected considering the emission reduction achieved by the alternative 
control options for HAP emissions and considering the criteria 
enumerated in Section 112(d) of the Act.
    The control requirements of Option 2 are estimated to achieve an 
emission reduction of 13,500 Mg/yr (14,800 tons/yr) compared to 
emissions in absence of this rule. This represents an 82 percent 
reduction from uncontrolled emission rates. The annual cost to achieve 
this reduction is about $12.8 million. Option 2 is estimated to achieve 
an emission reduction of about 3,200 Mg/yr (3,500 tons/yr) of HAP 
emissions above Option 1 (the floor). This control would cost an 
additional $2.8 million/yr with an average cost-effectiveness value of 
$948/Mg ($860/ton).
    A more stringent level of emission limitation was not selected 
because control beyond Option 2 is estimated to achieve only a small 
additional emission reduction. The further control would reduce 
emissions by an additional 400 Mg/yr (440 tons/yr) of HAP and would 
cost about $24 million per year, an increase of about $11 million per 
year over the cost of Option 2. Because the cost is disproportionately 
large compared to this additional emission reduction, the EPA did not 
select the more stringent control option for the standard.
    b. Summary of control decisions. In summary, the selected control 
provisions are estimated for the well- characterized processes to 
reduce emissions from existing sources by 312,000 Mg/yr (343,000 tons/
yr) and new sources by 61,300 Mg/yr over emissions that would occur in 
absence of this rule. The cost of this control is estimated to be about 
$107 million/yr for existing sources and $32,300/yr for new sources. 
The cost of the monitoring, recordkeeping and reporting requirements 
associated with the controls is estimated to be $68 million/yr. Tables 
6 and 7 also show the emission reduction and cost associated with the 
maximum reduction that could be achieved. For existing sources, only an 
additional 10,000 Mg/yr (11,000 tons/yr) emission reduction could 
result, and this would cost an additional $103 million/yr. Similarly, 
for new sources, the additional emission reduction is about 400 Mg/yr 
(670 tons/yr) and this would cost $19 million/yr more than the selected 
control requirements. The EPA considers the selected standard to be the 
maximum reduction achievable considering costs and other impacts. [As 
discussed in previous sections, the EPA is deferring decision on 
control of medium-sized storage vessels at existing sources. Thus, the 
costs and emission reductions presented in table 6 may be slightly 
overstated.]
3. Selection of Requirements
    a. Process vents. This section discusses the following issues 
related to the selection of requirements for process vents: 95-percent 
control vs. 98-percent control for existing sources, 98-percent control 
for existing sources, 98-percent control for organic HAP's, and the 
halogenated stream limit.
    (i) 95-Percent Control vs. 98-Percent Control for Existing Sources. 
For the final rule, the EPA maintains the same position as at proposal 
that existing control devices must achieve an organic HAP reduction of 
98 percent or 20 ppmv (measured as total organic HAP or TOC).
    Several commenters suggested that facilities with an existing 
control device achieving 95 percent reduction be allowed to operate for 
a period of time (e.g., 10 years) or until a replacement is necessary. 
One commenter acknowledged that emissions averaging could be used to 
make up the difference between 95 percent and 98 percent, but that 
emissions averaging may not be a viable option in all cases, for 
example at small production facilities.
    Available information shows that controls achieving 98 percent 
reduction for Group 1 process vents are in use at a significant number 
of existing sources, and are part of the MACT floor. Thus, the standard 
must require 98-percent reduction. This level of control is required by 
previous NSPS and several state regulations. For those existing process 
vent control devices that are achieving less than 98 percent, the EPA 
has provided emissions averaging as an alternative compliance option. 
An emission credit from control of another emission point in the 
facility can be used to offset the emission debit generated by the use 
of a process vent control device with less than 98 percent efficiency. 
For small production facilities, the magnitude of emission debit 
generated by controlling process vents to efficiencies lower than 98 
percent should be small. Therefore, emissions averaging should still be 
a viable option for these facilities. Facilities may also have other 
options for control of Group 1 process vents. In some cases, addition 
of supplemental fuel and modification of control device operating 
conditions can allow existing devices to achieve 98 percent. In other 
cases, process modifications to raise the TRE to greater than 1.0 may 
also be a feasible means of compliance.
    (ii) 98-Percent control for organic HAP. For the final rule, the 
EPA maintains the same position as at proposal that the reference 
control technology (RCT) of combustion can achieve at least 98-percent 
reduction for total organic HAP. The 98-percent reduction level applies 
to both process vents and transfer operations.
    One commenter said that the EPA had not demonstrated that RCT 
achieves a 98-percent reduction for each HAP and that the efficiency 
appeared to be based on VOC control levels for previous NSPS. However, 
several commenters said that the reduction was achievable or that the 
RCT can provide greater than 98-percent reduction and that at least 
99.9-percent reduction should be required.
    The EPA would first like to reiterate that control by thermal 
oxidation is not specifically required by the HON process vents 
provisions. Thermal oxidation is simply the reference control 
technology whose performance level must be met by any controls intended 
to comply with the HON process vents provisions. The commenter 
correctly states that 98-percent control is based on studies used to 
determine VOC control levels for past NSPS and has not been proven by 
testing for each individual HAP. These two issues do not weaken the 
EPA's decision for 98-percent control of HAP's for the following 
reasons: (1) Nearly all HAP's covered by this rule are also VOC's; and 
(2) HON compliance is not based upon control of each individual HAP. 
Compliance with the HON may be based upon measurements of either total 
organic HAP or TOC. Clearly, a control device might have a higher level 
of control for one particular HAP than for another, but compliance is 
based on the overall reduction of total organic HAP or TOC.
    The 98-percent level of control was chosen because it has been 
shown to be uniformly achievable by well-designed and operated 
combustion devices. As stated earlier, test data to demonstrate 
efficiency in a thermal incinerator are not available for each 
individual HAP. However, the efficiency conclusions for a thermal 
incinerator (98-percent reduction or an outlet concentration of 20 
ppmv) were based on test data using the most difficult VOC compounds to 
combust, which included several organic HAP's. Therefore, it was 
concluded that the 98-percent reduction can be achieved for total 
organic HAP for all well-designed and operated systems. The EPA 
recognized that thermal incineration may achieve greater than 98-
percent reduction in some cases, but test data shows that levels 
greater than 98 percent may not be uniformly achievable under all 
operating conditions.
    (iii) Halogenated streams limit. For the final rule, the EPA has 
determined that a mass limit is more appropriate for identifying 
halogen streams that require control of acid gases. The mass limit 
format will result in a more efficient control approach for acid gas 
formation and will provide greater flexibility for compliance. This has 
been changed from proposal where a halogen stream was defined by a 
concentration limit.
    Several commenters requested that a mass limit be used in lieu of a 
concentration for determining if a process vent stream was halogenated 
or nonhalogenated so multiple process vent streams could be controlled 
in a common header system. Several commenters also requested a mass 
limit so flares could be used to control vent streams which contained a 
small mass rate of halogen compounds. Some commenters cited an existing 
state regulation in Texas and RCRA rules that were based on a mass 
limit. Other commenters objected to the requirement to use a scrubber 
following a combustor to achieve the specified halogen reduction. They 
noted that other control device combinations, such as a scrubber before 
a flare, could achieve the same results for some process vent streams.
    The EPA agrees with the commenters, and a mass limit for defining 
halogen streams was incorporated in the final rule. The mass limit will 
provide greater flexibility for compliance. The data used to evaluate 
the proposed concentration limit were used in this reassessment to 
determine a mass limit for promulgation. This change is consistent with 
the demonstrated scrubber performance and not a change in the intended 
stringency of the rule. The rule has been revised to define a 
halogenated stream as a process vent stream containing 1.0 lb/hr or 
greater of halogen atoms. If Group 1 halogenated streams are combusted, 
the rule requires a 99-percent reduction of total halogen and hydrogen 
halides or a reduction of halogen and hydrogen halide emissions to less 
than 1.0 lb/hr. If halogen controls were installed prior to proposal, 
these are required to achieve 95-percent reduction or reduce emissions 
to 1.0 lb/hr. A commenter noted that State rules require 95-percent 
control. The EPA did not include costs for replacing existing scrubbers 
that achieve between 95- and 99-percent removal in the national impact 
estimates, and it would not be reasonable to require replacement of 
existing scrubbers given the small additional percent emission 
reduction that would be achieved.
    The rule has been reworded so that only the emission limit is 
specified rather than also specifying that a scrubber must be used 
after a combustor. The rule has also been reworded to allow owners or 
operators flexibility to reduce halogen atom mass flow rate of a Group 
1 process vent stream to less than 1.0 lb/hr before combustion (thereby 
becoming nonhalogenated) and use any type of organics control device 
(including a flare) to combust the stream.
    b. Storage Vessels--(i) Vapor pressure criteria for large storage 
vessels--The final rule maintains the same applicability criteria 
(i.e., vapor pressure and storage vessel size) that were specified in 
the proposed rule as MACT for large storage vessels located at both new 
and existing sources.
    Two commenters requested that the vapor pressure criterion for 
determination of Group 1 status of large storage vessels be increased 
(i.e., reduced in stringency). The commenters objected to the EPA's 
selection of options above the floor because, in the commenters' view, 
the options were not cost-effective. The commenters asserted that the 
EPA's cost analysis had underestimated the actual cost of compliance by 
underestimating the following costs:
    (1) The cost of cleaning and degassing storage vessels;
    (2) The capital cost for IFR's;
    (3) The installation cost for retrofitting fixed roof tanks with 
IFR's; and
    (4) The cost for installing a condenser on a fixed roof storage 
vessel.
    Regarding the cost of cleaning and degassing storage vessels, the 
commenters contended that the EPA's cost estimate was low because: (1) 
It did not include the cost of hazardous waste disposal; and (2) it was 
based on the cost of cleaning and degassing tanks containing gasoline 
and light petroleum products. Regarding the cost of IFR's, the 
commenters contended that the EPA's capital costs for the installation 
of IFR's were low for two reasons: (1) The EPA's estimated capital 
costs, which are based on vendor quotes, were lower than the vendor 
quote obtained by the commenter; and (2) in general, vendor quotes 
underestimate the installation costs for IFR's because they do not 
account for additional tank repairs that are discovered after the tank 
has been emptied and cleaned for retrofit. Regarding the cost of 
installing a condenser on a fixed roof storage vessel, one commenter 
contended that the EPA's cost did not incorporate additional start-up 
costs, such as testing the operation of a new condenser after 
installation.
    The EPA determined that the costing equation used in the proposal 
analysis for cleaning and degassing should be revised to include the 
cost of hazardous sludge disposal. These costs have been incorporated 
into the impacts analysis for the final rule. Regarding the EPA's 
costing equation for cleaning and degassing storage vessels (including 
hazardous sludge disposal), the EPA had its equation reviewed prior to 
proposal by companies that perform cleaning and degassing for the 
chemical industry. The EPA concluded that the equation is 
representative of the cost for the chemical industry. The commenters 
did not provide adequate detail to demonstrate that the cost for the 
chemical industry would generally be higher than EPA's estimate.
    The EPA determined that the commenters' capital cost estimates for 
internal floating roofs are higher than EPA's estimates because the 
commenters were addressing the capital cost of fiberglass internal 
floating roofs. The EPA's analysis was based on aluminum internal 
floating roofs, which are much less expensive than fiberglass IFR's. 
However, if at baseline a fixed roof storage vessel stores a liquid 
that is not compatible with an aluminum IFR, the EPA estimated the cost 
of installing a condenser, rather than a fiberglass IFR, for the fixed 
roof vessel. The EPA's cost of a refrigerated condenser is, on average, 
equivalent to the cost for a fiberglass IFR.
    The EPA's cost equation for installing an IFR on a fixed roof 
storage vessel, which is based on vendor quotes, already accounts for 
those tank changes that are directly associated with the installation 
of the IFR (i.e., the cost of cutting openings and vents). The EPA does 
not consider the additional tank changes suggested by the commenters 
(e.g., upgrading the column supports) to be directly related to the 
retrofit or to be applicable to the average retrofit for compliance 
with the rule. Therefore, the EPA will continue to utilize its vendor 
quotes for installation costs for IFR's.
    The EPA determined that it had underestimated the start-up costs 
for installing condensers on fixed roof storage vessels (e.g., the cost 
of testing a new condenser to ensure that it achieves the required 
temperature). In the proposal analysis, the EPA had used the costing 
factor provided in the EPA's OCCM: Chapter 8--Refrigerated Condensers 
published in November 1991, for installing a packaged condenser system. 
This factor did not account for the start-up cost mentioned by the 
commenters. The EPA has revised its installation cost equation for 
condensers to include the OCCM's costing equation for installing a 
nonpackaged condenser system. This revised equation accounts for the 
additional start-up costs for installing a condenser.
    (ii) Performance of existing control equipment on storage vessels 
at existing sources. For the final rule, the EPA has revised its 
assessment of the performance achievable by the control equipment for 
storage vessels at existing sources. Refer to section V.C.2. of this 
preamble for further discussion of how this issue relates to the MACT 
floor for existing sources.
    Two commenters recommended changing the RCT requirement for 
condensers to specify 90-percent control for storage vessels at 
existing sources. The commenters contended that most existing 
refrigerated condensers on storage vessels at existing sources can 
achieve only 90- to 93-percent control and would therefore have to be 
replaced with new condensers that could achieve 95-percent control.
    The EPA has concluded that most existing refrigerated condensers 
serving storage vessels at existing sources are achieving 90- to 93-
percent control. At proposal, the EPA had assumed that these existing 
condensers could be adjusted to achieve 95-percent control through 
changes in coolant temperature. However, after reevaluating the 
available information, the EPA has concluded that not all of the 
existing condensers achieving 90-percent control can be adjusted to 
achieve 95-percent control. Additionally, the EPA has determined that 
IFR's controlling emissions from fixed roof storage vessels at existing 
sources do not have controlled fittings.
    Therefore, the final rule establishes MACT for storage vessels at 
existing sources as 95-percent emissions reduction, except where 
control devices achieve 90- to 95-percent emissions reduction. The 
final rule does not require upgrade of an existing control device, 
provided the device was installed on a storage vessel on or before 
December 31, 1992 and is designed to reduce inlet emissions of total 
organic HAP's by at least 90 percent. Refer to section V.C.2. of this 
preamble for further discussion of how this issue relates to the MACT 
floor for existing sources.
    c. Transfer operations. The analysis of the MACT floor level of 
control and the control requirement for transfer operations did not 
change for the final rule. Owners or operators of transfer racks that 
load 650,000 l/yr or more of organic HAP's with a rack-weighted partial 
pressure of 10.3 Kpa or greater are required to control emissions by 
98-percent reduction, use a flare, or use vapor balancing. Facilities 
using vapor balancing can also choose to exclude the rack being vapor 
balanced from compliance with the transfer provisions.
    Some commenters supported the stringency level set for transfer 
operations, including the definitions of Group 1 and Group 2 transfer 
racks, the level of control (i.e., 98 percent), and the allowance of 
vapor balancing. However, one commenter contended that the EPA did not 
identify the best-controlled transfer racks. The commenter asserted 
that the EPA identified vapor balancing as a superior control 
technology since transfer racks using this technology are exempt, but 
the EPA did not identify vapor balancing as the floor or MACT.
    Based on the data available for the floor analysis, the EPA 
concluded that the average of the top 12 percent of the transfer racks 
achieve 98-percent reduction. The 98-percent value was based on racks 
subject to the Benzene Waste NESHAP. Using vapor balancing with vapor 
collection on a transfer rack exempts the facility from the HON 
transfer provisions because vapor balancing reduces emissions by 98 
percent or better, based on a technical analysis. However, data were 
not available to identify if vapor balancing was being used on a 
sufficient proportion of SOCMI transfer operations to constitute a 
floor level of control.
    d. Process wastewater--(i) Lists of hazardous air pollutants. 
Several commenters requested clarification of the difference in the 
lists of organic HAP's: (1) In the Act; (2) in table 2 of subpart F; 
and (3) in tables 8 and 9 of subpart G. The EPA clarifies that the Act 
includes a list of 189 HAP's from which the EPA has identified 112 
organic HAP's that are emitted from SOCMI processes (table 2 of subpart 
F). From the list of 112 organic HAP's in table 2 of subpart F, the EPA 
has identified 76 organic HAP's that exist in water and that are most 
likely to be emitted from wastewater. These 76 organic compounds are 
listed in table 9 of subpart G. Table 8 of subpart G is a subset of 
table 9 and includes organic HAP's that volatilize from wastewater at a 
rate approximately equal to or greater than benzene.
    (ii) Definition of ``wastewater.'' In the proposed rule, the 
definition of ``wastewater'' contained several terms including process 
fluid, process wastewater, maintenance wastewater, and maintenance-
turnaround wastewater. These terms were defined within the proposed 
definition of ``wastewater.''
    In the final rule, the EPA has revised the definition of wastewater 
in Sec. 63.101 of subpart F to clarify the scope of the EPA's original 
intent. As part of this clarification, the term ``process fluid'' has 
been removed from the definition of ``wastewater,'' because commenters 
were confused that process fluids were considered to be wastewater 
before they left the process unit equipment and entered the individual 
drain system. The EPA clarifies that any fluid must exit the process 
unit equipment before it may be a wastewater stream subject to the HON. 
The term ``maintenance-turnaround wastewater'' also has been deleted 
from the definition of ``wastewater'' because all maintenance-related 
wastewater is now included in the definition of ``maintenance 
wastewater.'' In the final rule, the definitions of both ``wastewater'' 
and ``maintenance wastewater'' are in Sec. 63.101 of subpart F. The 
revised definition of ``wastewater'' in the final rule reads as 
follows:

    Wastewater means organic hazardous air pollutant-containing 
water, raw material, intermediate, product, by-product, co-product, 
or material that exits equipment in a chemical manufacturing process 
unit that meets all applicability criteria specified in Sec. 63.100 
(b)(1) through (b)(3) of subpart F and either: (1) Contains at least 
5 ppmw total volatile organic hazardous air pollutants and has a 
flow rate of 0.02 lpm or greater; or (2) contains at least 10,000 
ppmw total volatile organic hazardous air pollutants at any flow 
rate. Wastewater includes both process wastewater and maintenance 
wastewater.

    Numerous comments were received on the definition of ``wastewater'' 
in section 63.101 of subpart F. All responses to these comments are 
located in Sec. 4.1.2 of BID volume 2B. Commenters expressed concern 
about the following issues:
    (1) The EPA should specify a percentage of water in order for a 
stream to be considered a wastewater subject to the HON;
    (2) The definition of ``wastewater'' should not include ``process 
fluid,'' ``product,'' and ``intermediate stream''; and
    (3) The EPA should narrow the scope of the wastewater definition 
because products that are within a process unit should not be 
regulated.
    The EPA has not specified a percentage of water that must be 
present in a wastewater stream in order for the stream to be a 
wastewater stream. The EPA intends for the HON to regulate as 
wastewater any stream that: (1) Exits process unit equipment; and (2) 
meets the concentration and flow rate criteria that are specified in 
the definition of wastewater. The EPA has determined that such 
wastewater streams have a significant potential for emissions and 
should therefore be regulated.
    Because the EPA intends to regulate wastewater streams that are 
generated when organics exit process unit equipment, the EPA continues 
to include the terms ``product'' and ``intermediate'' in the definition 
of ``wastewater.'' If an owner or operator chooses to discharge from 
process unit equipment either a product or intermediate that also meets 
the definition of a ``wastewater'' (i.e., flow rate and VOHAP 
concentration), the EPA wants to ensure that emissions from such 
wastewater streams are controlled. If a product or intermediate stream 
has not exited the process unit equipment, then such streams cannot 
meet the definition of ``wastewater'' in Sec. 63.101 of subpart F, and 
therefore are not subject to the wastewater provisions in the HON. The 
EPA has deleted the term ``process fluids'' from the definition of 
``wastewater'' because commenters stated that process fluids also could 
mean fluids within a process unit.
    (iii) Basis of standard. In the final rule, the EPA retains steam 
stripping as the RCT. Numerous commenters opposed basing control of HAP 
emissions from wastewater on steam stripping and recommended biological 
treatment as the RCT for the following reasons:
    (1) The most common type of wastewater treatment currently employed 
by existing SOCMI sources is biological treatment;
    (2) Many of the HAP's listed in table 9 of subpart G are not 
volatile and cannot be removed by steam stripping, but can be 
biologically degraded; and
    (3) The inclusion of biological treatment as an RCT would be 
consistent with the Benzene Waste NESHAP requirements.
    The EPA selected steam stripping as the RCT because it is the most 
universally applicable treatment technology for removing volatile 
organic HAP's from wastewater. The EPA is aware that many SOCMI 
facilities use biological treatment units for wastewater treatment. 
However, in general, compounds that are not easily steam stripped, but 
are readily biodegraded, are not being regulated by the HON. The HON 
regulates volatile organic HAP's and volatile organic HAP's can be 
treated by steam stripping. Not all of the regulated compounds are 
significantly biodegradable, because volatility does not correlate with 
biodegradation efficiency, as it does with steam stripping efficiency.
    When reviewing biological treatment as the potential RCT, the EPA 
determined that variability in performance is significant. For example, 
the amount of emissions reduction achieved by biological treatment, 
even for biologically degradable compounds, will vary among SOCMI 
sources due to ranges in operating and design parameters, such as the 
biological degradation rate, surface area of the unit, aeration rate, 
hydraulic residence time, and the active biomass concentration. A well-
operated and well-maintained biological treatment system can achieve 
reductions as high as 99-percent HAP destruction. However, the 
variability in performance makes it difficult to quantify a required 
emission reduction for the purpose of setting a standard. Emission 
reductions for biological treatment systems can only be determined on a 
site-specific basis. The EPA emphasizes that SOCMI sources using 
biological treatment can comply with the rule by consistently achieving 
the required emission reduction.
    The EPA has reviewed the Benzene Waste NESHAP and has determined 
that the equipment standard for the use of a biological treatment unit 
in the Benzene Waste NESHAP would not achieve comparable emission 
control for all 76 HAP's regulated by the HON wastewater provisions. 
This option may be used in combination with other treatment options, 
but all wastewater streams must be conveyed or handled in individual 
drain systems or waste management units that limit HAP emissions to the 
atmosphere as required by Secs. 63.133 through 63.137 of subpart G. The 
only wastewater streams that may be conveyed or handled in uncontrolled 
individual drain systems or waste management units are:
    (1) Group 1 wastewater streams that have already been treated and 
have achieved compliance with one of the HON treatment options in 
Sec. 63.138 of subpart G; and
    (2) Group 2 wastewater streams. As required in the other wastewater 
compliance options, facilities using this option must comply with the 
emission suppression requirements in Secs. 63.133 through 63.137 for 
all wastewater streams except those wastewater streams that are already 
in compliance. In the final rule, the EPA has included an additional 
compliance option for the use of biological treatment. Under this 
treatment option, an owner or operator is required to control all 
wastewater streams in accordance with Secs. 63.133 through 63.137 and 
achieve a 95-percent reduction in total HAP mass for all wastewater 
that is treated in the biological treatment system.
    (iv) Clarification on the Use of the Terms ``HAP'' and ``VOHAP''. 
In response to comments, the EPA clarifies the use of the terms ``VOHAP 
concentration'' and ``HAP'' to reflect the proper use of the terms 
throughout the preamble, regulation, and BID documents. The terms 
``volatile organic hazardous air pollutant concentration'' or ``VOHAP 
concentration'' mean the concentration of an individually-speciated 
organic HAP in a wastewater stream or a residual as measured by Method 
305. The term ``VOHAP concentration'' does not refer to the lists of 
organic HAP's in tables 8 and 9 of subpart G. The wastewater provisions 
of the HON regulate emissions from wastewater of those organic HAP's 
listed in table 8 for new sources and in table 9 for new and existing 
sources. The applicability of the requirements in the HON to wastewater 
streams is based on the VOHAP concentration of the HAP's present in the 
wastewater stream. In addition to using Method 305, the VOHAP 
concentration of a compound can be calculated by multiplying the HAP 
concentration of the compound by the compound-specific fraction 
measured (Fm) value listed in table 34 of subpart G.
    (v) Point of Generation. In the final rule, the conceptual basis 
for the point of generation has not changed from the proposed rule. 
However, in consideration of the comments, the EPA has clarified the 
definition. The point of generation is located where process wastewater 
exits the chemical manufacturing process unit equipment.
    Numerous commenters requested clarification on both the proposed 
definition of ``point of generation'' and the location where sampling 
for the flow rate and VOHAP concentration were permissible. The 
following comments were submitted:
    (1) The EPA should not define the point of generation as ``prior to 
mixing'';
    (2) The point of generation should be after the last recovery 
device and before discharge to a wastewater treatment or disposal 
system;
    (3) The EPA should delete or explain the use of the term ``integral 
to the process unit'';
    (4) The EPA should clarify that the point of generation is at the 
point where material exits the process unit and enters the individual 
drain system;
    (5) To be consistent with RCRA, the point of generation should be 
the first point downstream of the process unit where emissions can 
enter the atmosphere; and
    (6) Sampling should be allowed downstream of the point of 
generation in situations where the point of generation is either within 
a closed-pipe system or sampling could be dangerous to workers.
    The basic foundation of the proposed provisions for process 
wastewater is to identify wastewater streams for control and treatment 
based on VOHAP concentration and flow rate at their point of 
generation, which is where the wastewater exits chemical manufacturing 
process unit equipment. This approach focuses control efforts on the 
wastewater streams with the highest HAP loadings. If dilution prior to 
a control determination were allowed, some wastewater streams that 
would have required control based on the VOHAP concentration criteria 
would not meet the VOHAP concentration criteria at the point of 
generation for control and would not be treated. Thus, the EPA has 
retained the concept of ``prior to mixing'' to avoid the dilution of 
wastewater streams. However, the EPA allows the owner or operator to 
make corrections for changes in VOHAP concentration and flow rate using 
engineering calculations.
    In consideration of commenter concerns, the final rule clarifies 
the EPA's original intent in Sec. 63.144 of subpart G to reduce the 
sampling and analysis burden for industry while still meeting the EPA's 
objectives. The point of generation remains a single location in the 
final rule. However, sampling to determine the characteristics of a 
wastewater stream (i.e., VOHAP concentration and flow rate) may be 
accomplished either at the point of generation or downstream of the 
point of generation. If wastewater characteristics are determined 
downstream of the point of generation, the owner or operator must 
correct for:
    (1) HAP losses due to volatilization;
    (2) Reduction of VOHAP concentration or changes in flow rate by 
mixing with other water or wastewater; or
    (3) Reduction of VOHAP concentration or flow rate by treatment or 
handling to destroy or remove HAP's.
    The final rule also incorporates the concept of designating either 
a single wastewater stream or a mixture of wastewater streams as a 
Group 1 wastewater stream. This option allows the facility owner or 
operator to declare that at a designated location downstream of the 
point(s) of generation, all wastewater streams at this location and 
upstream are Group 1 and are therefore controlled in accordance with 
Secs. 63.133 through 63.137. The owner or operator is required to meet 
all requirements for Group 1 wastewater streams, both upstream and 
downstream for the designated Group 1 wastewater stream. The advantages 
to using this option are that no sampling is necessary to make a Group 
1/Group 2 determination and a facility can reduce the number of 
locations where wastewater stream characteristics are determined.
    By adding the option to designate Group 1 wastewater streams and 
clarifying the option to determine wastewater characteristics 
downstream of the point of generation, the EPA has addressed commenter 
concerns about sampling in closed piping. While the concept of 
designating Group 1 wastewater streams does not allow any wastewater 
streams that would be Group 1 at the point of generation to become 
Group 2 wastewater streams, it does provide an avenue for fewer point 
of generation identifications than the proposed rule because sampling 
does not need to be done at the actual point of generation.
    The EPA encourages owners or operators to sample downstream of the 
point of generation if sampling from the point of generation could be 
dangerous to workers or if the point of generation is within a closed-
pipe system. In fact, the proposed rule allowed sampling downstream of 
the point of generation. Because numerous comments indicated that the 
proposed rule was not clear about where to sample and make Group 1/
Group 2 determinations, the final rule has been clarified. The final 
provisions now specify that Group 1/Group 2 determinations can be made 
downstream of the point of generation using sampling, process 
knowledge, or bench-scale or pilot-scale test data.
    e. Cooling water. In the final rule, the provisions for monitoring 
cooling tower and once-through cooling water systems have been modified 
in response to commenter concerns. In the final rule, the EPA clarifies 
the definition of heat exchange system (i.e., both cooling towers and 
once-through cooling systems). A leak in a heat exchange system is no 
longer identified by a statistically significant increase of 1 percent 
at a 95-percent confidence level but is identified only by a 
statistically significant increase of at least 1 ppm at a 95-percent 
confidence level. In the final rule, the EPA clarifies that sampling 
for leak detection must be conducted at the inlet and outlet of the 
cooling tower, not the inlet and outlet of each heat exchanger. For the 
final rule, a once-through cooling system will not be subject to the 
HON if it has an NPDES permit with a discharge limit of less than 1 
ppm. An NPDES permit with a discharge limit of less than 1 ppm 
guarantees that the concentration differential across a once-through 
cooling water system is less than 1 ppm. Furthermore, the EPA realizes 
that routing the discharge from a steam jet ejector to a cooling tower 
may cause a concentration differential of 1 ppm across a heat exchange 
system. Therefore, in the final rule, the EPA includes re-routing the 
discharge from a steam jet ejector as a means of repairing a leak in a 
heat exchange system.
    In response to comments requesting clarification about which HAP's 
were regulated, the EPA clarifies that water from cooling towers are 
regulated for the organic HAP's listed in table 2 of subpart F except 
for four water-reactive HAP's and once-through cooling systems are 
regulated only for the HAP's listed in table 9 of subpart G.
    Several commenters were concerned that 15 days was not ample time 
to repair a leak in a heat exchange system. In response to comments, 
the EPA has extended the delay of repair for leaks in a heat exchange 
system from 15 days in the proposed rule to 45 days in the final rule. 
The final rule allows delay of repair beyond 45 days for situations 
where the owner or operator can show that emissions from shutdown of a 
process would be greater than emissions from the leak.
    Several commenters submitted comments stating that the EPA: (1) 
Correct or clarify the original intent to require sampling across the 
cooling tower, not across each heat exchanger; (2) provide an exemption 
for heat exchange systems with low flows; (3) clarify which HAP 
emissions are regulated from cooling towers and once-through cooling 
water systems; and (4) clearly state which parameters are acceptable 
for monitoring. Numerous commenters suggested alternate ways of testing 
for a leak in a heat exchange system rather than testing for speciated 
HAP's, including testing for TOC or total VOHAP concentration, or using 
surrogate parameters to determine a leak. Having reviewed several 
sampling parameters and analytical methods, the EPA concludes that: (1) 
Sampling for total VOC, total HAP, TOC for semi-volatile compounds, or 
speciated HAP concentration is allowable; and (2) any method listed in 
40 CFR part 136 or any other method approved by the Administrator may 
be used as long as the same method is used on both the inlet and 
outlet. The EPA concludes that monitoring of surrogate parameters is 
not sufficient to determine the magnitude of the leak in the cooling 
tower or once-through cooling system. After analyzing the amount of 
HAP's that could be emitted if the sampling frequency for leak 
detection were extended beyond quarterly, the EPA continues to require 
quarterly monitoring. The rule does not provide an exemption for heat 
exchange systems with a low flow rate (e.g., 1,000 to 2,000 gpm) 
because the emissions from such systems are significant if a leak is 
detected. For example, if a leak at 2,000 gpm is detected after 3 
months of leaking, 1.1 tons of HAP emissions could have already been 
emitted.
    f. Maintenance wastewater. In the final rule, the EPA requires that 
all maintenance-related wastewater be managed in the same manner. The 
definition of ``maintenance-turnaround wastewater'' has been eliminated 
from the final rule and incorporated into the definition of 
``maintenance wastewater,'' which now encompasses all maintenance-
related wastewater streams that are subject to the HON. The term 
``maintenance wastewater'' in the proposed rule referred to only 
routine maintenance wastewater.
    Also, in the final rule, all maintenance-related wastewater streams 
are subject to the same requirements under the HON. Unlike the proposed 
rule, the final rule does not require that routine maintenance 
wastewater be managed in a controlled drain system. In the final rule, 
the facility's start-up, shutdown, and malfunction plan must include a 
description of procedures that will ensure that all maintenance 
wastewater is properly managed and HAP emissions are controlled. These 
requirements are consistent with what was proposed for maintenance-
turnaround wastewater.
    The EPA received numerous comments opposing the proposed 
maintenance wastewater provisions, including: (1) Maintenance-related 
wastewaters are not a significant source of HAP emissions; (2) the 
control of maintenance wastewater cannot be justified; and (3) there 
should be a Group 1/Group 2 determination or a de minimis level to 
determine which maintenance wastewaters are subject to the regulation. 
Several commenters expressed confusion about the proposed requirements 
for routine maintenance wastewater and whether or not these maintenance 
wastewaters were required to be collected in a closed or controlled 
drain system. Numerous commenters suggested that the requirements for 
routine maintenance wastewater and maintenance-turnaround wastewater be 
the same.
    In the proposed rule, the EPA's original intent was to require good 
work practices and reduce the burden of implementing the rule by 
deleting the requirement that the owner or operator must determine if 
emissions from maintenance wastewater have exceeded a designated de 
minimis level. Based on comments received, all maintenance-related 
wastewater is now subject to the same requirements. The EPA is 
eliminating the provisions which require that routine maintenance 
wastewater be managed in a controlled drain system. The EPA is not 
including a Group 1/Group 2 or de minimis level criteria for 
maintenance wastewater because of the difficulty in determining the 
concentration and flow rate and the difficulty of enforcement.

D. Emissions Averaging

    This section of the preamble presents the rationale for the 
emissions averaging provisions (described in section 63.150 of subpart 
G) and the alternative policies that were considered in developing 
these provisions.
    As part of the EPA's general policy of encouraging the use of 
flexible compliance approaches where they can be properly monitored and 
enforced, the Administrator is allowing sources the option of using 
emissions averaging to comply with subpart G. Under particular 
circumstances, emissions averaging can provide sources the flexibility 
to comply in the least costly manner while still maintaining a 
regulation that is workable and enforceable. The EPA's goal in crafting 
the emissions averaging provisions in the final rule has been to make 
emissions averaging available to sources faced with some emission 
points that are particularly difficult or costly to control. At the 
same time, the EPA has simplified and streamlined the emissions 
averaging provisions in order to ease the enforcement burden on 
implementing agencies.
    The rationale for the specific provisions of the emissions 
averaging policy is detailed below. In general, the basic structure of 
the HON emissions averaging policy remains much the same as at 
proposal. Fundamental elements such as the credit/debit system, kinds 
of emission points allowed in averages, reference control efficiency 
provisions, provisions for approval of new devices, and an annual 
compliance period remain unchanged.
    However, some provisions have been altered or added in order to 
sharpen the focus of emissions averaging, ease implementation and 
administration, and ensure at least the same air quality benefit as 
point-by-point compliance. For example, the number of emission points 
that can be included in an average has been limited; banking of credits 
has been disallowed; actions taken prior to November 15, 1990 or in 
response to another State or Federal requirement will not be credited; 
averaging will not be allowed at new sources; and a discount factor of 
10 percent will be applied to credits generated by control other than 
pollution prevention measures. In addition, sources must demonstrate, 
to the implementing agency's satisfaction, that a proposed averaging 
plan will not cause an increase in risk or hazard relative to point-by-
point controls. All of these changes are discussed in greater detail in 
the following sections.
    The EPA included this limited emissions averaging system in the HON 
to provide sources with flexibility on ways to comply with this 
standard. The EPA will continue in future standards to seek ways to 
provide sources with flexibility, while maintaining sources' 
accountability for meeting health and environmental goals. However, the 
HON emissions averaging system, and its provisions for interpollutant 
trading, should not be viewed as setting a precedent for future MACT 
standards. Moreover, emissions averaging is only one way to provide 
sources with flexibility. The EPA will determine the proper amount and 
type of flexibility based on considerations specific to each standard.
1. Legal Basis and Scope of Emissions Averaging
    a. Legal basis of emissions averaging. For the final rule, the EPA 
maintains the position that the Administrator has legal authority to 
permit sources to comply with the requirements of section 112(d) 
through emissions averaging.
    Several commenters agreed that the legal basis for emissions 
averaging is sound, citing justifications such as:
    (1) Emissions averaging is consistent with section 112(d) of the 
Act because cost must be considered in setting MACT standards;
    (2) Section 112(h) requires that a numerical emission limit be 
promulgated where feasible, leaving it to individual sources to meet 
the limit; and
    (3) Averaging will achieve equivalent or greater emission 
reductions than the rule without averaging.
    A number of commenters contended that emissions averaging violates 
the law. Some did not consider it a permissible application of MACT. 
Others argued that because Group 1 points are left uncontrolled or 
undercontrolled under averaging, the rule would fail to achieve the 
maximum achievable emission reductions required under section 112(d). 
More commenters considered it doubtful that emissions averaging can 
achieve the same emission reductions as the rule without averaging, and 
claimed therefore that it does not represent an equivalent compliance 
option. Some commenters argued that the EPA does not have statutory 
authority to allow emissions averaging, and that because Congress 
specified the use of offsets in section 112(g) and not in section 
112(d), it is unlikely that averaging was intended for MACT standards.
    Following a thorough review of all the comments received on this 
issue, the EPA has concluded that emissions averaging is legally 
permissible under section 112.
    As stated at proposal, section 112(d) requires standards to be 
established for each category or subcategory of sources listed under 
section 112(c). Such standards shall then be applicable to sources 
within those categories or subcategories. The statute does not define 
``source category,'' nor does it impose precise limits on the 
Administrator's discretion to define ``source.'' In this case, the 
Administrator has exercised that discretion to define ``source'' 
somewhat broadly to include all emission points relating to SOCMI 
production at a facility.
    In setting the standard for a category or subcategory, the 
Administrator is required to determine a floor for the entire category 
or subcategory, and then set a standard applicable to each source 
within that category that is at least as stringent as the floor and 
requires the maximum achievable emission reductions considering certain 
factors. In determining whether the standard should be more stringent 
than the floor and by how much, the Administrator is to consider, among 
other factors, the cost of achieving the additional emission 
reductions. The statute does not limit how the standard is to be set 
beyond requiring that it be applicable to all sources in a category, be 
written as a numerical limit wherever feasible, and be at least as 
stringent as the floor. Therefore, the relevant statutory language is 
broad enough to permit the Administrator to exercise discretion to 
allow sources to meet MACT through the use of emissions averaging 
provided the standard applies to every source in the category, 
averaging does not cross source boundaries, and the standard is no less 
stringent than the floor. In this rule, the Administrator has created 
an averaging system that stays within those legal parameters. The 
source has been defined to include all SOCMI processes within a major 
source, and a standard has been written to apply to all sources in the 
category as provided by sections 112(d) (1) and (2). This standard is 
no less stringent than the floor for the category, calculated in 
accordance with section 112(d)(3), and takes cost and other relevant 
factors into consideration. The standard applies only to sources in the 
category, applies to all such sources, is written as a numerical limit 
where feasible, and averaging can only be conducted within the confines 
of each individual source, thus ensuring that the standard, as applied 
to each source, is no less stringent than the floor. In addition, a 
discount factor is applied when averaging is used, which further 
ensures that averaging will be at least as stringent as the rule 
without averaging.
    Some commenters on the supplemental notice argued that the 
provisions for limiting the number of points, requiring a hazard or 
risk determination, and allowing States to exclude emissions averaging 
without having to follow the section 112(l) rule approval processes are 
inconsistent with E.O. 12866 (September 30, 1993). The commenters 
claimed that the Executive Order directs agencies to: (1) Develop 
regulations that do not impose unacceptable or unreasonable costs; and 
(2) identify and assess available alternatives to direct regulation, 
including providing economic incentives to encourage the desired 
behavior. The EPA maintains that the rule adheres to the spirit of the 
Executive Order throughout, both by providing the most flexible 
emissions averaging program that is still enforceable and by allowing 
numerous different control options for each kind of emission point 
under point-by-point compliance. These two aspects of the rule provide 
flexibility to reduce emissions in the most cost-effective manner as 
encouraged in the Executive Order.
    b. Emission points allowed in averages. Emissions averaging is 
allowed across all the emission points, except equipment leaks, within 
a single existing source, as ``source'' is defined for the SOCMI source 
category. As such, emissions from the following kinds of emission 
points can be averaged: process vents, wastewater operations, storage 
vessels, and transfer operations. Averaging is allowed across these 
four kinds of emission points in order to provide as much flexibility 
as possible while maintaining an enforceable standard.
    No commenters explicitly expressed support for the selection of 
these particular kinds of emission points to be included in emissions 
averages. However, the EPA does not interpret this to mean that there 
was no support. Rather, it is reasonable to assume that commenters who 
supported emissions averaging in general, but did not explicitly 
comment on the kinds of emission points available for averaging, 
supported allowing averaging across all the kinds of points included in 
the proposal.
    While some commenters supported the exclusion of equipment leaks 
from emissions averaging, a number of commenters expressed direct 
support for allowing equipment leaks in emissions averages. They argued 
that it is already possible to quantify emissions from equipment leaks 
sufficiently and suggested ways to establish baseline levels and to 
overcontrol equipment leaks for credit. However, the EPA has determined 
that, although methods are available for quantifying emissions from 
equipment leaks, equipment leaks cannot be included in emissions 
averages at this time because: (1) The negotiated standard for 
equipment leaks has no fixed performance level; and (2) neither a 
reference control efficiency nor allowable emission levels can be 
established for leaks. Without a reference control efficiency or 
allowable emissions, debits and credits cannot be established.
    A few commenters recommended excluding wastewater from averaging as 
well, because they considered accurate or reliable estimation of 
wastewater emissions unlikely or impractical. However, the EPA 
considers the methods for estimating wastewater emissions to be 
sufficient for averaging. The reliability of estimations is assured 
because all sources will be using the same emissions estimation 
approach. The calculation procedures are specified in Sec. 63.150 of 
subpart G. Also, the final rule clarifies that wastewater streams 
treated in biological treatment units cannot be used in averages, which 
was one of the primary concerns raised by commenters.
    Several commenters also opposed allowing averaging across different 
kinds of emission points, and recommended that averaging should only be 
allowed among the same kinds of points. Some of these commenters were 
concerned that the four kinds of emission points have such different 
emission characteristics that averaging across the points could alter 
the dispersion of emissions and thus, their associated impacts. Other 
commenters were concerned that differences in emission estimation 
techniques across different kinds of points could be used to calculate 
credits that may not reflect actual emission reductions.
    The EPA agrees that characteristics of emission points may affect 
the dispersion of emissions and associated impacts. However, these 
differences exist under point-by-point compliance as well, and it is 
equally likely that emissions averaging could decrease impacts as well 
as increase them. Similarly, the EPA acknowledges the potential for 
significant complexity in averaging across different kinds of emission 
points. In order to prevent inappropriate compliance scenarios, the 
emissions averaging program relies upon consistent emission estimation 
techniques and data from actual operations. In addition, implementing 
agencies may require sources to consider differences in dispersion and 
associated impacts as part of the risk review that is now required when 
approving emissions averages.
    c. Averaging at new sources. Emissions averaging is not allowed as 
a compliance option for new sources. The decision to limit emissions 
averaging to only existing sources represents a departure from the 
proposal, which envisaged emissions averaging at both existing and new 
sources.
    While one commenter specifically supported allowing emissions 
averaging at new sources, a number of commenters specifically opposed 
allowing averaging at new sources. The EPA concurs with those 
commenters who maintained that new sources have historically been held 
to a stricter standard than existing sources, because it is most cost-
effective to integrate state-of-the-art controls into equipment design 
and to install the technology during construction of new sources. One 
reason for allowing averaging is to permit existing sources flexibility 
to achieve compliance at diverse points with varying degrees of control 
already in place in the most economically and technically reasonable 
fashion. This concern does not apply to new sources which can be 
designed and constructed with compliance in mind. In addition, as 
averaging must be limited to an individual source, there could not be 
averaging between new and existing sources, even under the proposal. 
Therefore, not allowing averaging at new sources does not affect an 
existing sources' ability to use averaging.
    d. Broader Scope of Emissions Averaging. In the final rule, the EPA 
is retaining the position taken at proposal that emissions averaging 
will be permitted only among emission points that are within the SOCMI 
source category. The EPA requested comment at proposal on a broader 
averaging alternative that would have allowed averaging of emissions 
from any point located within a contiguous facility, including both 
SOCMI and non-SOCMI emission points. Having considered all of the 
arguments put forth by commenters, both supporting and opposing broader 
averaging, the EPA has concluded that emissions averaging on a broader 
scope cannot be legally justified.
    The fundamental problem with the broader averaging approach is that 
it allows averaging among multiple sources. The HON has defined the 
source, for the purposes of this standard, as the collection of SOCMI 
emission points within a major source. Many major sources containing 
such points will also contain other points not covered by this standard 
but to be covered by later, different MACT standards. Each of these 
standards will have a separate floor, and the statute requires that 
each standard be no less stringent than its floor. If averaging were 
allowed between sources covered by two separate standards, it is likely 
that one of the sources involved in the average would be emitting HAP's 
at a level that violates the standard applicable to it. Thus, averaging 
between multiple sources in different categories is not legally 
defensible.
    Similarly, allowing averaging between new and existing sources at 
the same facility would also likely lead to one source failing to meet 
its applicable standard. There are separate MACT standards with 
separate floors for new and existing sources within the HON, just as 
there will be separate standards for sources in different categories at 
the same site. An average that included sources with different floors 
and different standards cannot be reconciled with the statutory 
requirement that each source in the category comply with the applicable 
standard.
    The proposal discussed the possibility of defining ``source'' 
differently for purposes of sections 112 (d) and (i) of the Act. While 
the EPA believes that there is broad discretion to define ``source'' 
under section 112, and the term can quite legitimately have different 
meaning in different parts of the Act (see, Chevron, U.S.A. Inc. v. 
NRDC, 467 U.S. 837 (1984)), the EPA does not believe that it is 
appropriate to apply different definitions in the present context. The 
source to which a MACT standard applies under section 112(d) is the 
same source that is covered by the compliance requirements of section 
112(i). Clearly, section 112(i)(3) provides for setting compliance 
dates for categories of sources for which a MACT standard has been set, 
and section 112(d) requires standards to be set for categories of 
sources. It is not reasonable to argue that compliance with a standard 
can be achieved beyond the boundaries of the individual sources that 
comprise the category.
2. Interpollutant Trading and Hazard Assessment or Risk Analysis
    The emissions averaging provisions in the proposed rule allowed 
averaging across all HAP's covered by the HON. The EPA was aware that 
these HAP's are associated with a variety of different effects at 
different levels of exposure. Therefore, at proposal, comment was 
requested on the appropriateness of allowing interpollutant trading in 
an unrestricted manner, as well as on two potential approaches for 
considering toxicity.
    Several commenters maintained that unrestricted interpollutant 
trading should be allowed because: (1) So long as pollutants are listed 
in section 112(b) of the Act, they should be freely available for 
averaging; (2) standards under section 112(d) must be based on the 
achievability of control technologies instead of hazard or risk; (3) 
accounting for toxicity would add administrative complexity; and (4) 
the understanding of HAP toxicity is so limited that adjusting for 
trades would be difficult, if not impossible. In contrast, several 
commenters criticized interpollutant trading, especially trading that 
does not take toxicity into account, citing reasons such as:
    (1) It could endanger public and worker health; and
    (2) The understanding of HAP toxicity is so limited that 
interpollutant trades should not be allowed at all.
    In weighing the concerns expressed at proposal, the EPA agrees that 
emissions averages should achieve at least a comparable hazard or risk 
benefit to point-by-point compliance. At the same time, the EPA 
recognizes the inherent difficulty of devising one set of provisions 
that would adequately, fairly, efficiently, and simply address these 
concerns in all circumstances. After careful deliberation on all 
available options, the EPA has decided to require that sources who 
elect to use averaging must demonstrate, to the satisfaction of the 
implementing agency, that compliance through averaging would not result 
in greater hazard or risk than compliance without averaging. This new 
provision was introduced in the supplemental notice and has been 
included in the final rule.
    The EPA will provide a technical support document to aid 
implementing agencies in making the demonstration based on existing 
procedures, but the actual methodology to be used by the source is to 
be chosen by the implementing agency. This approach gives all 
implementing agencies the authority to consider hazard or risk in 
approving averages.
    It was also recognized that to satisfy a State or local agency that 
an averaging plan would not increase hazard or risk, a source might 
have to identify and quantify all the HAP's included in the average. 
Hence, comment was requested on whether identifying all the HAP's in 
the emissions streams would pose difficulties for sources, and if so, 
what those difficulties would be.
    Several commenters responded to the supplemental notice in favor of 
requiring sources to conduct hazard or risk assessments claiming that 
it would better ensure that public health is protected. However, many 
of these commenters still preferred that emissions averaging not be 
allowed at all, arguing that: (1) No adequate methodology exists for 
assessing and comparing hazard or risk in all circumstances; (2) States 
do not have the knowledge or resources to develop the necessary 
methodologies; and (3) the new requirement would add to the 
administrative burden placed on implementing agencies by the rule. 
Still, several commenters insisted that State and local agencies can 
and should be allowed to use or develop their own policies and tools 
for performing the hazard or risk determination.
    The EPA maintains that methodologies exist for assessing and 
comparing hazard or risk, which are applicable to this context and 
appropriate for many emissions averaging scenarios. However, two points 
require clarification. First, the terms hazard and risk should not be 
equated. Hazard assessments address toxicity but not exposure. Hazard 
refers to the intrinsic toxic properties of a pollutant, such as 
potency or the types of toxic endpoints of concern (e.g., cancer, 
developmental effects). Risk is an integration of hazard and human 
exposure to the pollutant, used to estimate the type and likelihood of 
toxic effects associated with a specific pollutant release. Under this 
rule, the implementing agency can consider either of these factors in 
determining whether an averaging plan should be approved. Furthermore, 
the implementing agency may consider ecotoxicity, bioaccumulation, and 
acute toxicity exposure to organic HAP's when reviewing a hazard or 
risk determination. However, such considerations are not required.
    The second point of clarification is that both hazard and risk 
assessment methodologies carry with them some uncertainty. The issue of 
uncertainty will be addressed in the forthcoming technical support 
document. The EPA intends that States should have discretion in 
structuring their determinations. States that have existing programs 
may wish to continue using their established procedures; in fact, the 
new requirement was designed largely because some States already use 
hazard or risk assessments to evaluate HAP control. The new requirement 
may be seen as an additional burden by some implementing agencies, but 
as stated previously, an assessment of hazard or risk is necessary to 
determine that averaging does not result in an increase in hazard or 
risk.
    Several commenters responded in opposition to the provision 
requiring hazard or risk assessments and cited some of the reasons 
stated at proposal for opposing any kind of toxicity weighting. The 
commenters reiterated that: (1) Hazard or risk considerations are 
inappropriate in section 112(d) standards, which should be technology-
based; (2) sources' compliance burdens would be increased, which would 
decrease the cost effectiveness of using averaging; and (3) there is no 
evidence that emissions averaging will increase hazard or risk. Some 
commenters on the supplemental notice added that hazard or risk 
assessment methodologies are likely to change after the study of risk 
assessment by the National Academy of Sciences mandated under section 
112(o) of the Act is finished. They argued, therefore, hazard or risk 
should not be considered until after the study is submitted.
    The floor and the RCT's for the rule were determined without any 
consideration of hazard or risk. Emissions averaging represents an 
alternative to the technology-based system of point-by-point 
compliance, and as an alternative must be demonstrated to result in 
equivalent control. This demonstration can consider hazard or risk 
without violating the intent of section 112(d) of the Act. It is 
possible that in some cases, having to conduct a hazard or risk 
assessment may so increase the cost of averaging that it is no longer 
more cost-effective to average, but the EPA does not think this is 
likely in most cases because of the limited size of most averages. To 
address the possibility that an averaging proposal may increase hazard 
or risk relative to point-by-point compliance, the EPA intends to 
provide a technical support document that could be used for this hazard 
or risk demonstration. The EPA recognizes the importance of allowing 
States substantial flexibility in designing such a demonstration and 
avoiding a burdensome or prescriptive set of requirements that 
unnecessarily interfere with averaging. Finally, the Act contains no 
requirement that hazard or risk considerations be delayed until after 
the study of risk assessment by the National Academy of Sciences is 
completed. The statutory requirements and deadlines remain in effect, 
the study notwithstanding.
    A number of commenters agreed that the EPA should provide standard 
guidance on hazard or risk assessments for sources and implementing 
agencies. Some commenters recommended that the guidance should: (1) 
Take into account different aspects of HAP toxicity, dispersion, and 
exposure; (2) resemble guidance for air quality modeling, which defines 
different approaches for different situations; (3) be developed with 
States involvement; and (4) establish presumptive minimum levels for 
State programs to follow. The EPA intends to take these and other 
recommendations into account before issuing a technical support 
document.
    Some commenters supported requiring identification of all HAP's in 
emission streams for the purposes of conducting the hazard or risk 
assessment because: (1) The capability for doing so is available; (2) 
many sources must do so anyway for the purposes of obtaining permits, 
paying annual emission fees, and establishing applicability as a major 
source; and (3) therefore, the requirement will not entail new data 
collection and should not be burdensome. On the other hand, some 
commenters opposed having to speciate HAP's in averaged emission 
streams because: (1) Concentrations of some HAP's are often below 
detection limits; (2) small concentrations are difficult to measure 
accurately by many analytical techniques; and (3) it would be 
inordinately burdensome to identify all HAP's in wastewater considering 
the variability of wastewater streams. Thus, many of these commenters 
recommended setting a de minimis level below which a HAP would not have 
to be identified. The EPA recognizes that the HAP's in an emission 
stream must be identified to a certain extent in order to make the 
required demonstration of hazard or risk. The EPA also concurs that it 
may not be technically feasible to identify HAP's at levels below some 
minimal concentration. The concerns over HAP identification have been 
noted and will be considered in developing the technical support 
document for approving averages.
3. Limits on Averaging
    a. Number of points allowed in averages. The final rule limits a 
source to including no more than 20 Group 1 and Group 2 emission points 
in an emissions average. Where pollution prevention measures are used 
to control emission points to be included in an average, no more than 
25 points can be included. For example, if two points to be included in 
an average are controlled by the use of a pollution prevention measure, 
the source can include up to 22 points in their emissions average. 
However, if 6 or more points in the average are controlled by pollution 
prevention, the source can include no more than 25 points in their 
average.
    In contrast, the proposed rule allowed for unlimited averaging. A 
number of commenters expressed concern over the difficulty and burden 
of overseeing averages of large numbers of points. Some commenters 
contended that the resources required to administer the rule with 
emissions averaging are much greater than for the rule without 
averaging and exceed what can be anticipated from part 70 permit fees.
    Because the complexity of averaging across a large number of points 
raised significant enforcement concerns, as well as concerns about the 
resource burden on implementing agencies, the supplemental notice 
solicited comment on limiting averages.
    A number of commenters responded to the supplemental notice in 
support of limiting the number of emission points, citing the same 
concerns as at proposal about the burden and cost of overseeing and 
enforcing large averages. In contrast, several commenters considered it 
inappropriate to limit averages, arguing that:
    (1) The design of the program already limits the number of points; 
and
    (2) Allowing unlimited averaging would not add much burden to 
implementing agencies because most of the burden of monitoring, 
recordkeeping, and reporting is borne by the source.
    Some commenters noted, and the EPA concurs, that most sources will 
not find a large number of opportunities to generate cost-effective 
credits. Hence, it can be anticipated that most averages will involve a 
limited number of emission points, and imposing a limit should not 
affect most sources. The EPA does not agree that the implementing 
agency would not bear much of the burden of averaging. The source's 
effort to comply with monitoring, recordkeeping, and reporting 
requirements will be matched equally by the implementing agency's 
oversight and approval.
    Some commenters suggested ways to limit averages other than on the 
basis of number or percent of points such as: (1) Selecting points to 
include or exclude on a case-by-case basis depending on characteristics 
of the proposed points and their emissions; (2) excluding wastewater; 
or (3) setting a mass limit for a source's emissions on the basis of 
allowable emissions. As explained in section V.D.1.b, ``Emission Points 
Allowed in Averages,'' of this notice, all emission points except for 
equipment leaks are considered appropriate for emissions averaging at 
any source subject to the rule. To limit their inclusion based on their 
characteristics under case-by-case decisions would add unreasonable 
complexity for both the source and the implementing agency. Also, as 
discussed in section V.D.1.b of this notice, the EPA maintains that 
wastewater emissions points should remain eligible for averaging. 
Finally, placing a mass limit on a source would be difficult to enforce 
and also add complexity to the rule.
    Several commenters considered the proposed range of 5 to 15 points 
or 5 to 15 percent of total points arbitrary and claimed there is no 
rational basis upon which to base a limit. One commenter advocated 
leaving selection of the number or percent limit to the discretion of 
the implementing agency. Otherwise, there was no consensus among 
commenters on whether the limit should be based on a number or a 
percent nor what value in the range was appropriate. The EPA rejected 
the choice of a fixed percentage of points at a source because for 
larger sources, this could result in hundreds of emission points in 
averages, which is unacceptable from an enforcement perspective. The 
limit of 20 points in an average, 25 points if pollution prevention 
measures are used, was chosen because the EPA anticipates that most 
sources will rarely want to include more than 20 points in an average. 
In addition, allowing much more than 20 points would make enforcement 
increasingly untenable. Thus, the competing interests of flexibility 
for sources and enforceability were balanced in this decision. A higher 
number of points is allowed where pollution prevention is used in order 
to encourage pollution prevention strategies, and because the same 
pollution prevention measure may reduce emissions from multiple points.
    b. State Discretion. The final rule grants State and local 
implementing agencies the discretion to preclude sources from using 
emissions averaging to comply with the HON without using the section 
112(l) rule approval processes encoded in 40 CFR 63.92 through 63.94. 
Without this provision, if a State or local agency wished to receive 
delegation of authority to implement and enforce the HON without 
averaging, EPA review, according to the procedures in 40 CFR 63.92, 
would be required.
    Several commenters recommended that State and local agencies be 
allowed to exclude emissions averaging because: (1) Averaging may 
conflict with their own policies, such as State new source review and 
existing programs for controlling HAP's; and (2) the State or local 
agency may not have the resources to administer the rule, given the 
complexity added by the emissions averaging provisions. The EPA also 
recognized that because of statutory limitations, some States do not 
have the authority to elect requirements that are more stringent than 
Federal standards. States with these statutory limitations might not 
otherwise be able to use the rule approval processes [established in 
subpart E pursuant to section 112(l) of the Act] to remove emissions 
averaging as a compliance option for the HON. Because of these concerns 
stated at proposal, the supplemental notice solicited comment on the 
advisability of granting State or local agencies the discretion to not 
include emissions averaging in their implementation of the rule without 
having to go through the section 112(l) rule approval process.
    Several commenters responded in favor of the provision granting 
States more flexibility in excluding emissions averaging for the 
reasons stated in comments on the proposal and also because: (1) Some 
States are opposed to allowing emissions averaging due to concerns over 
its enforceability and its potential for allowing increased health risk 
compared to point-by-point compliance; and (2) it allows States greater 
flexibility in implementing the rule. At the same time, several 
commenters opposed the provision stating that: (1) States should not 
have the option of excluding emissions averaging since they do not have 
the option of excluding other provisions of the rule; (2) averaging 
does not add much or any administrative burden to States; and (3) if 
some States exclude averaging, an uneven ``playing field'' of different 
rules would be created, penalizing sources in States that do not allow 
averaging.
    The EPA maintains that States should have discretion on whether to 
allow emissions averaging for the following reasons. First, averaging 
increases the complexity of the rule and thus, increases the 
administrative burden on State and local agencies. This is an 
especially important concern because State and local agencies have 
limited personnel and resources. Second, the EPA understands that 
averaging conflicts with some existing State programs for regulating 
HAP's. Thirdly, because emissions averaging is an alternative 
compliance method to the primary control strategy, States should have 
the discretion to exclude it as opposed to other provisions that are 
essential to the rule and for which no alternative compliance mechanism 
has been provided. Even though the EPA supports the use of emissions 
averaging where it may be appropriate, its use must be balanced by the 
individual needs of States and local agencies that bear the 
responsibility for administering and enforcing the rule.
    Finally, this provision does not create an uneven ``playing field'' 
because without this provision, most States could exclude emissions 
averaging from their implementation of the HON through the section 
112(l) rule adjustment process in 40 CFR 63.92. Including the provision 
in the HON will reduce paperwork burdens on States, expedite delegation 
of the rule to States, and remove a potential source of uncertainty for 
sources subject to the HON.
    The section 112(l) rule approval processes require States to make a 
demonstration that the State rule is of equivalent or greater 
stringency to the Federal rule. For a State rule without averaging, one 
component of this demonstration would be to show that the lack of 
averaging did not result in the State rule being less stringent than 
the Federal rule. The EPA has determined that requiring States to make 
this demonstration would be a needless exercise for the following 
reason. Today's rule defines both point-by-point compliance and 
averaging as acceptable ways of achieving a MACT level of control. If 
all sources in a State use the point-by-point compliance method--as 
would be the case in a State that implemented HON requirements without 
averaging--all sources would be achieving the MACT level of control 
required by today's rule. Under today's rule, no source is required to 
achieve emissions reductions greater than would be achieved by point-
by-point compliance, and no source is required to use averaging. 
Therefore, a State rule that implements requirements of the HON rule 
without averaging is equivalent in stringency to the Federal HON rule.
    Based on this equivalency finding and today's rule, the EPA is 
allowing States to implement the HON unchanged without averaging 
through the same processes available to States that wish to implement 
the HON unchanged with averaging. Before a title V operating permit 
program is in effect in a State, the State may implement the HON 
without change through a streamlined procedure in the section 112(l) 
rule encoded as 40 CFR 63.91. After the State's operating permit 
program is in effect, the State may request delegation of the HON 
without change without going through the section 112(l) delegation 
processes. Also, based on today's equivalency finding and rule, a State 
seeking approval for a State rule that differs from the HON and also 
lacks averaging will not have to make a demonstration related to 
averaging as part of their equivalency demonstration to satisfy EPA 
review under 40 CFR 63.92, 63.93, or 63.94.
    Providing these clarifications at this time will benefit sources as 
well as States. Without the clarifications, sources might be uncertain 
during the section 112(l) approval process about whether averaging 
ultimately would be allowed or not, yet would be given no added time 
for compliance. The EPA predicts that because of their complex nature, 
many HON sources will need the full time period allowed for compliance.
    Two commenters objected to the EPA's proposal to provide in the 
rule itself that States would have the discretion to not include 
emissions averaging in their implementation of the HON without having 
to go through a section 112(l) rule approval process. One of the 
commenters asserted that this proposal would circumvent the mandates of 
State legislatures that had limited the ability of their environmental 
agencies to enact requirements more stringent than Federal 
requirements. The other commenter stated that this proposal was 
unnecessary because the section 112(l) rule provides ample flexibility 
and that the proposal would create difficulties for States since they 
would have to choose whether or not to adopt averaging.
    The EPA does not believe that either of these comments warrants 
departing from the supplemental proposal regarding this issue. First, 
by providing for State discretion to decide whether to implement the 
HON with or without averaging, the EPA is not circumventing any State 
laws or overriding the decisions of State legislatures that limit the 
ability of State environmental agencies to adopt requirements more 
stringent than Federal requirements. The EPA maintains that 
implementing the rule with averaging will achieve equivalent or better 
emissions reductions (in part due to the discounting provisions) than 
implementing the rule without averaging. Consequently, in the EPA's 
view, a decision to implement the rule without averaging would not be a 
decision to implement a more stringent program. Moreover, if a State 
law or constitution contained provisions that, in the State's view, 
prevented the State from adopting the rule without averaging, nothing 
in the rule would override that provision, i.e., in that situation, the 
State agency would not have the authority to implement the rule without 
averaging and the provision allowing the State to choose would not 
change that. Second, the EPA does not agree that providing for State 
discretion in the HON itself is either unnecessary or burdensome for 
States. Use of a section 112(l) rule approval process would also permit 
States to choose to implement the HON without averaging, providing for 
that choice in the HON itself streamlines the process by eliminating 
EPA review of the choice. In addition, since the section 112(l) rule 
permits States to make the choice, providing for the exercise of such 
discretion in the HON itself cannot be viewed as placing any new 
burdens on the States. Finally, the EPA maintains that the provision of 
an option will not impose a burden. The provision of an option 
increases choice and flexibility; it does not impose new requirements.
    c. Credit discount factors. A discount factor of 10 percent is 
required in calculating credits for emissions averages in the final 
rule. An exception is provided for reductions accomplished by the use 
of pollution prevention measures. For pollution prevention measures, 
full credit with no discounting is allowed.
    At proposal, the EPA sought comment on whether it is appropriate to 
require the use of a credit discount factor and what value between 0 to 
20 percent should be selected for the discount factor. A number of 
commenters supported the use of a discount factor, contending that if 
the use of emissions averaging can enable sources to realize a cost 
savings, the environment should benefit from that cost savings as well. 
The EPA is persuaded that credit discounting is one way to provide such 
a benefit to the environment. A discount factor would reduce the value 
of credits in the emissions average by a certain percentage before the 
credits are compared to the debits.
     In considering a discount factor, the EPA examined the 
requirements for determining MACT in section 112(d) of the Act. Section 
112(d)(2) specifies that MACT standards shall require the maximum 
degree of reduction in emissions of HAP's, taking into consideration, 
among other things, the cost of achieving those reductions. By defining 
the source broadly and including the option for emissions averaging in 
the final rule, it could be argued that the EPA is providing 
flexibility for source owners and operators that would lower the costs 
of compliance. The EPA is persuaded that, to carry out the mandate of 
section 112(d)(2), some portion of these cost savings should be shared 
with the environment by requiring sources using averaging to achieve 
more emission reductions than they would otherwise.
    Several commenters opposed the idea of a discount factor for a 
variety of reasons. Several warned that a discount factor would reduce 
and could completely eliminate the incentive to use emissions averaging 
and to develop innovative technologies which, in turn, could defeat the 
EPA's efforts to encourage flexible compliance and innovation. However, 
the EPA maintains that the discount factor is not large enough to 
provide such a disincentive. The value is consistent with those used in 
similar rules and programs. In addition, pollution prevention 
innovations are specifically exempted, which is discussed in the next 
paragraph. Other commenters viewed a discount factor as an 
inappropriate penalty or price for achieving cost savings through 
averaging, and some considered a discount factor to be inconsistent 
with the statutory intent that MACT be implemented in a flexible and 
cost-effective fashion. The EPA submits, however, that the emissions 
averaging program as a whole provides ample flexibility and opportunity 
for cost savings. Sources clearly have more flexibility to choose more 
cost-effective means of compliance through averaging than without it. A 
10 percent discount on credits does not negate this.
    Credits generated through use of a pollution prevention measure 
need not be discounted, because the EPA recognizes that encouraging 
pollution prevention will result in more overall emission reductions, 
possibly including multimedia reductions and lower overall releases 
into the environment. For the purposes of the rule, the EPA is 
referring to any pollution prevention activities described in the 
Agency's Pollution Prevention Strategy (56 FR 7849) that are applicable 
to this industry. The following activities are included in the 
description of pollution prevention: (1) Substitution of feedstocks in 
making a product that reduces HAP emissions; (2) alterations to the 
production process to reduce the volume of materials released to the 
environment; (3) equipment modifications; (4) housekeeping measures; 
and (5) in-process recycling that returns waste materials directly to 
production as raw materials. Other pollution prevention approaches that 
are identified in the EPA's Pollution Prevention Strategy and are 
applicable to this industry are also acceptable for credit.
4. Implementation and Enforcement
    a. Compliance period. The EPA has decided to establish an annual 
compliance period for emissions averaging. The rule was originally 
proposed with an annual compliance period, and additional comment was 
solicited in the supplemental notice on four alternative bases for 
determining compliance:
    (1) A quarterly block averaging period;
    (2) A quarterly block averaging period with banking for up to one 
or two additional quarters;
    (3) A semiannual block averaging period with banking for an 
additional six-month period; and
    (4) A semiannual block averaging period.
    Several commenters supported an annual compliance averaging period 
at proposal and in response to the supplemental notice claiming: (1) It 
is necessary to accommodate realistic operating scenarios in which 
production rates naturally vary; (2) it is consistent with compliance 
periods for programs promulgated under title I and title IV of the Act; 
and (3) concerns about the enforceability of an annual period are 
unwarranted. At the same time, several commenters criticized the 
proposed annual period as: (1) Too long, especially compared to other 
regulatory programs; (2) an administrative burden and thus, an obstacle 
to effective enforcement; and (3) not protective of public health 
because an annual compliance period could allow peak exposures for 
short periods during the year.
    Some commenters recommended the quarterly block averaging period 
without banking as manageable, enforceable, and the best of the four 
proposed options in the supplemental notice. A few commenters supported 
quarterly averaging with banking. Other commenters supported semi-
annual averaging with banking as a period that would ensure operational 
flexibility and reduce risk. No commenters recommended the semiannual 
period without banking. Some commenters contended that the compliance 
period should not be any longer than periods currently used in State 
programs.
    The final rule requires that the credits and debits generated in 
emissions averages balance on an annual basis, and that debits do not 
exceed credits by more than 30 percent in any one quarter of the year. 
These two requirements are used together to establish an emissions 
averaging system that provides flexibility for changes in production 
over time without allowing for wide-ranging fluctuations in HAP 
emissions over time. The annual compliance period was selected to 
provide sources considerable latitude in selecting points for inclusion 
in emissions averages. With an annual compliance period, sources can 
average emission points that may not have the same emission rates 
during some periods of the year, as long as they are similar on an 
annual basis. This latitude will also be useful to accommodate averages 
with points that must undergo temporary maintenance shutdowns at 
different times during the year. Nevertheless, the annual compliance 
period required here is solely meant to accommodate the specific 
circumstances of the HON, and is not intended in any way as 
establishing a precedent for future rulemakings.
    In selecting a compliance period for averaging, the EPA also 
considered the need to verify compliance and, when appropriate, take 
enforcement action in a timely fashion. One concern about an annual 
compliance period is that the EPA's authority to take administrative 
enforcement actions would be significantly reduced because section 
113(d) of the Act limits assessment of administrative penalties to 
violations that occur no more than 12 months prior to the initiation of 
the administrative proceeding. Administrative proceedings are far less 
costly than judicial proceedings for both the EPA and the regulated 
community. The requirement that debits not exceed credits by more than 
30 percent in any quarter enables the EPA to use this administrative 
enforcement authority by providing a shorter period in which to verify 
compliance.
    b. Quarterly emissions check. As noted previously, the final rule 
also includes a quarterly emissions check whereby debits cannot exceed 
credits by more than 30 percent. The emissions check was proposed as a 
limit on the percent by which debits could exceed credits in a quarter. 
Comment was requested on what the limit should be within a range of 25-
35 percent. The proposal preamble also presented another alternate 
quarterly limit suggested by industry which would structure the check 
as an absolute emissions limit.
    Several commenters who supported an annual compliance period 
concurred that a quarterly check was reasonable to allay concerns over 
high emissions in short periods. However, several commenters opposed 
the proposal contending that:
    (1) Debits should never be allowed to exceed credits in any time 
period;
    (2) 25 to 35 percent is still not protective of health and welfare; 
and
    (3) It would be difficult for inspectors to determine whether or 
not a facility is in compliance with its allowable emissions level.
    The EPA did not adopt the suggestions of these commenters because 
the emissions averaging program is intended to allow flexibility within 
the quarterly and annual limits. This flexibility would be too severely 
restricted if the suggestions, such as never allowing debits to exceed 
credits, were adopted. The quarterly check will protect against 
emission peaks so that health and welfare effects are avoided. The 30-
percent differential between debits and credits should not result in a 
significant increase in emissions because only the emissions from the 
few points in the average would increase. The EPA maintains that these 
requirements are enforceable on a quarterly basis in that inspectors 
will be able to total the credits and debits and determine if the 
source is in compliance with the quarterly emissions checks and the 
annual balance of credits and debits.
    Some commenters supported the alternative industry proposal for a 
quarterly check because: (1) It avoids situations where an emission 
point is operated simply to generate needed credit; and (2) it allows 
for easier, more flexible planning because the source would know what 
its allowable emissions are for a fixed period. In contrast, one 
commenter opposed the alternative proposal claiming that the allowable 
emissions level would bear no relationship to the emissions level 
sought to be achieved. The EPA maintains that a system of assigning 
credits based on allowable emissions requires a great deal more 
scrutiny of the source's prediction of operating levels. Operating 
levels for allowable emissions are based on representative predictions 
of realistic operating scenarios, and such a system creates an 
incentive to ``game,'' i.e., to project higher utilization rates for 
credit-generating points than is representative or realistic.
    The EPA did not adopt the industry alternative for the quarterly 
emissions check because of concerns about an absolute emissions limit 
based on projections. However, the EPA did select the midpoint of the 
proposed range of the quarterly check as a way of balancing industry's 
concerns about operational flexibility with other commenters' concerns 
about protection from peak emissions.
    c. Banking. Credits cannot be banked for future use in emissions 
averaging. Provisions for banking were included in the proposed rule, 
and the EPA requested comment on whether or not allowing credit banking 
was appropriate.
    A number of commenters opposed allowing banking of emission credits 
for several reasons, including:
    (1) The requirement to achieve the maximum achievable emission 
reductions is violated when banked credits are used to offset debits;
    (2) Sources with banked credits will plan and operate less 
carefully; and
    (3) The use of banked credits will increase HAP exposures and 
create administrative difficulties.
    Several commenters supported allowing credit banking, claiming that 
it would:
    (1) Act as a safety valve for unexpected events and thus offer 
needed flexibility to sources and increase the likelihood of a 
successful averaging program; and
    (2) Encourage sources to install more stringent controls earlier to 
begin creating surplus credits to be banked.
    Banking of surplus credits was deleted from the final rule 
primarily due to the likelihood of significant administrative burden 
resulting from its use. The EPA believes that administration of the 
rule must be kept as simple as possible, and banking represented a 
complication that would have affected sources and implementing agencies 
alike. In addition, if banked credits were allowed to offset unexpected 
increases in emission debits, peak HAP exposures could be more likely, 
and in some years when banked credits would be used, sources could be 
emitting beyond the standard. The additional flexibility afforded 
sources through banking would have been offset by the increased 
administrative burden and potential for peak exposures such that little 
overall advantage could be gained from banking.
    d. Credits for previous actions. Credit is not allowed in the final 
rule for any previous actions, which, for the purposes of the rule, are 
defined as any control actions taken prior to the passage of the 1990 
Amendments to the Act on November 15, 1990. This is in contrast to the 
proposal, which allowed three exceptions:
    (1) Pollution prevention measures taken after 1987 and qualifying 
under the EPA's Pollution Prevention Strategy; (2) 33/50 commitments; 
or (3) Early Reductions commitments other than equipment shutdowns. 
Control actions that meet the other requirements in the standard, and 
that were taken after November 15, 1990, such as actions taken as 
pollution prevention measures as part of the 33/50 program, can be used 
to generate credits for an averaging program. However, as outlined in 
the proposal, controls applied as part of an Early Reductions 
commitment can generate credits only if they are more stringent than 
HON requirements and only after the relevant point becomes subject to 
the rule, that is, after the expiration of the 6-year extension for the 
Early Reductions source.
    Several commenters generally opposed allowing emissions averaging 
credit for previous actions, and several specifically opposed the 
proposal to allow the three exceptions. The commenters stated various 
reasons for their opposition to allowing credits for previous actions 
including:
    (1) Participants in these programs had already derived sufficient 
regulatory, economic, and public relations benefits so that additional 
credit was unwarranted;
    (2) Reductions under the 33/50 and Early Reductions Programs do not 
constitute emission reductions under the HON;
    (3) The EPA would be granting credit for emission reductions that 
would have occurred anyway, possibly because of existing State or 
Federal requirements, and thus, these credits would be only ``paper 
credits,'' not new emission reductions; and
    (4) Such credits violate the maximum achievable reductions 
requirement.
    On the other hand, a number of commenters argued that emissions 
averaging credit should be allowed for all previous actions. The 
commenters argued, for instance, that:
    (1) Not allowing credit was unfair and penalized sources that 
installed controls early and that early actions should be rewarded 
instead; (2) it is a contradiction that a controlled emission point 
that meets the requirements of the rule can be in compliance no matter 
when it was controlled but is ineligible to generate credits for 
emissions averaging; and (3) if credit is not allowed, control devices 
already installed on Group 2 emission points will be removed and placed 
on Group 1 points. Many of these commenters considered other prior 
reductions to be appropriate as credit generators, such as: (1) any 
voluntary control measures; and (2) any verifiable control measures.
    The EPA agrees that emission reductions achieved prior to November 
15, 1990 were accomplished for reasons unrelated to the Amendments or 
the rule and thus constitute part of the baseline control of a source. 
This rule does not allow actions taken before passage of the 1990 
Amendments to be used to generate emission credits because such 
reductions would have occurred anyway, for reasons unrelated to the 
1990 Amendments or the proposed rule. If the EPA allowed these actions 
to generate emission credits, then the source would be able to generate 
more emission debits and, thus, more total emissions. Emissions 
averaging is a method for complying with subpart G and should not 
result in more emissions than the other compliance options.
    With concern about the equivalency of emissions reductions from 
averaging and non-averaging in mind, the Administrator also imposed the 
limitation that controls applied to comply with a State or Federal rule 
or statute (other than the HON) cannot be used to generate emissions 
averaging credit. As with credits for controls applied before the HON 
baseline date, credits for controls applied to comply with another rule 
increase the source's ability to generate debits, but do not generate 
new emission reductions, thus creating more total emissions. At the 
suggestion of the public comment, the Administrator chose to disallow 
HON averaging credit for controls applied to comply with other 
requirements, thus ensuring that the source would not receive a 
``windfall'' of credits. However, if an emission point has been used to 
generate emissions averaging credit in an approved emissions average, 
and the point is subsequently made subject to a State or Federal rule 
other than this subpart, the point can continue to generate emissions 
averaging credit for the purpose of complying with the previously 
approved average. This provision does not constrain a State's ability 
to establish any control requirements it believes are necessary for 
purposes of attaining the national ambient air quality standards or to 
reduce air toxic emissions. By including this provision in the final 
rule, the Administrator has taken yet another step to ensure that 
averaging provides equivalent or better air quality protection.
    Although the three exceptions to the 1990 baseline that were 
included in the proposal were deleted from the final rule, the EPA is 
committed to the success of the 33/50 and Early Reductions Programs and 
encourages the use of pollution prevention wherever feasible. This rule 
does not diminish that commitment. Reductions achieved after November 
15, 1990 under the 33/50 and Early Reductions Programs or by the use of 
pollution prevention are fully creditable towards an averaging program.
    e. Questionable monitoring. In the final rule, when an emission 
point included in an average experiences an excursion, the presumption 
is that a sufficient malfunction has occurred such that no credits or 
maximum debits should be assigned to the point. As discussed in section 
V.E.2.b, ``Excused Excursions,'' of this notice, an excursion occurs 
when either: (1) There are insufficient monitoring data; or (2) the 
operating parameter values are outside the permitted range. The final 
rule provides that no credits and maximum debits will be assigned for 
excursions because any other assumption would result in emission 
reductions that could not be verified or adequately enforced. However, 
if the source has data indicating that some partial credits or debits 
may be warranted, it can submit that information to the implementing 
agency with their next Periodic Report. Thus, partial credits and 
debits can be assigned with the approval of the implementing agency. 
The proposed rule did not contain these provisions, but comment was 
requested in the supplemental notice on the advisability of including 
these provisions.
    A number of commenters supported the provisions to account for 
excursions because: (1) They create an incentive for sources to 
maintain and operate their monitoring equipment in good working order; 
and (2) other methods for estimating emissions are inadequate and 
should not be allowed as substitutes during these periods. On the other 
hand, several commenters considered the provisions too extreme, 
claiming that: (1) Even though excursions may occur, the control device 
may not have failed completely; and (2) the compliance provisions for 
points included in averages should not be more stringent than for the 
ones that are not included.
    The EPA maintains that these provisions are necessary to ensure 
that averaging achieves equivalent reductions to point-by-point 
compliance at all times. Emissions averaging depends on emissions 
estimates made beforehand and the demonstration that debits and credits 
balance made after the fact. Compliance on a point-by-point basis 
requires only that the source demonstrate that the RCT was operated at 
the proper design specifications. Hence, these provisions are not more 
stringent; rather, they are more detailed to ensure the consistency of 
the debit/credit estimation.
    The EPA agrees that there may be some cases or conditions under 
which the implementing agency can be satisfied that granting partial or 
full credits and debits is still warranted. Therefore, the final rule 
provides that the evaluation and issuance of credits and debits during 
questionable periods shall be at the discretion of the implementing 
agency.
    f. Reference Control Efficiencies. The final rule does not allow 
sources to get emissions averaging credit for the use of RCT above its 
designated reference efficiency rating. In contrast, the proposed rule 
provided two exceptions in which credit would be allowed for control 
above rated efficiencies: (1) Storage vessels controlled with closed 
vent systems and a 98-percent efficient control device, and (2) process 
vents on which the source had demonstrated to the EPA that control can 
achieve 99.9-percent reduction. These two exceptions have been deleted 
in the final rule.
    Several commenters supported allowing credit for the use of RCT at 
a more efficient level than its rated efficiency as long as more 
efficient control was demonstrable. Some commenters suggested that 
credit for potentially significant reductions would otherwise be lost. 
Other commenters warned that without such credit, sources would have no 
incentive to develop existing control technologies further to achieve 
greater efficiencies from RCT.
    At the same time, some commenters supported not allowing credit for 
RCT achieving higher efficiencies and opposed the two exceptions 
included in the proposal. One commenter argued that allowing credit for 
overcontrol is inappropriate because the rated efficiencies are 
intentionally conservative and understate the actual reductions the RCT 
would achieve if properly operated. As such, more credit would be 
allowed for overcontrol than is warranted. Some commenters stated that 
the use of fixed reference control efficiencies simplifies the 
averaging process by applying uniform credits and debits.
    Reference control efficiency ratings for RCT were established 
because each RCT has a minimum level of emissions reduction that can 
generally be achieved. The EPA acknowledges that RCT can sometimes 
achieve greater emission reductions. However, providing credits for 
these instances is inappropriate because the magnitude of debits, not 
just credits, is based on the RCT's reference efficiency ratings. If it 
could be determined that the RCT on a debit generator could achieve 
greater reductions than its rated efficiency, the magnitude of debits 
from the point would be greater. Thus, to give credit for reductions 
above an RCT's rated efficiency and not to increase the magnitude of 
debits as well would represent a windfall from averaging.
    g. Approval of New Devices. The procedures that were proposed for 
approving new devices for compliance purposes or as reference control 
technologies have been maintained in the final rule without change.
    Some commenters requested more guidance from the EPA on the process 
for approving innovative control technologies. Others were concerned 
with the time required to approve new technologies, including the time 
required to review for broader applicability.
    The EPA considers it necessary to be deliberate in approving new 
technologies especially when proven reference control technologies are 
available. The design and operation of new technologies are certain to 
be unfamiliar, so the rule provides for a 120-day period for the EPA or 
the permitting authority to determine whether sufficient information to 
determine a nominal efficiency has been submitted. Then, the EPA or the 
permitting authority must decide within an additional 120 days after 
sufficient information has been submitted whether to approve a new 
technology and what nominal efficiency to assign.
    Moreover, review of a new technology for broad applicability does 
not require any additional time beyond the time required for review and 
approval of the new technology. Where the EPA is responsible for 
approval, the approval and the review for broad applicability are one 
and the same. Where the permitting authority is responsible for 
approval, the rule provides that any further EPA review for broader 
applicability shall not delay the permitting authority's approval of 
the new technology for use in limited circumstances.

E. Compliance, Recordkeeping, and Reporting

1. General Burden
    In the final rule, every effort has been made to reduce the 
recordkeeping and reporting burden of the HON. The EPA has streamlined 
the rule to include only the monitoring, recordkeeping, and reporting 
necessary to ensure compliance.
    Many commenters stated that the proposed monitoring, recordkeeping, 
and reporting requirements of the HON would be excessive and 
burdensome. The commenters contended that the requirements would be 
very costly, are unnecessary for assessing a source's compliance 
status, and provide no environmental benefit.
    The single most significant change made to reduce the burden is 
requiring retention of hourly average values of monitored parameters 
instead of 15-minute values. This change reduces by a factor of four 
the number of records that must be digitally converted by computer 
systems, copied onto tapes or printed as hard copy, duplicated, and 
stored.
    There are a number of other areas where the burden has been reduced 
in the final rule. For instance, the transfer operation provisions were 
revised to no longer require 5-minute records and to allow design 
analyses instead of performance testing for racks that are used 
infrequently (see section V.G.3.b of this notice, ``Transfer 
Operations--Testing and Monitoring'').
    Equipment leaks recordkeeping and reporting requirements have been 
reduced by streamlining the reporting system so there are two reports 
per year, which can be submitted at the same time as the subpart G 
reports. To reduce the leak detection burden, response factor 
adjustments to Method 21 results are not required in the final rule. 
The requirements to identify and document equipment not in VOHAP 
service and equipment in vacuum service have been deleted. (The 
rationale for these equipment leaks changes is contained in section 
VI.D and E of this notice.)
    Wastewater operations monitoring, recordkeeping, and reporting 
requirements have also been reduced. Method 21 is now only required 
initially, instead of annually as proposed, and visual inspections are 
performed on a semi-annual basis. Monthly measurements required in 
table 11 of the proposed subpart G were deleted because the initial 
performance test is sufficient to determine compliance. A change to the 
location of point of generation sampling will reduce the testing, 
monitoring, reporting, and recordkeeping requirements for some sources 
because sampling may be done at fewer locations. The compliance 
requirements for maintenance wastewater and maintenance turnaround 
wastewater have been combined, which simplifies compliance and 
reporting. Very small containers (less than 0.1 m\3\ capacity) are no 
longer subject to the rule, reducing the monitoring and recordkeeping 
burden. These and other changes to the wastewater provisions are 
discussed in sections V.C.3 and V.G.4 of this notice and in BID volume 
2B.
    In addition, the final rule allows sources to request approval to 
use alternative monitoring and recordkeeping systems (in addition to 
being able to request approval to monitor alternative parameters as 
allowed in the proposed rule). This will reduce the burden by allowing 
greater use of existing systems. Alternative monitoring systems 
specifically discussed in the rule include non-automated systems and 
data compression systems. These systems will be allowed on a site-
specific basis, dependent upon approval of the permit authority, as 
described in section V.E.2.c of this preamble.
    Some repetitive reporting has been eliminated. For example, new 
sources that submit an application for approval of construction do not 
need to submit an Initial Notification. Electronic submission of 
reports is also allowed, if acceptable to the permit authority.
    For further discussion, see chapters 2 and 3 of BID volume 2E and 
the following sections of this preamble.
2. Monitoring and Relationship to Compliance
     a. Continuous parameter monitoring and compliance determination. 
The final subpart G provisions, as did the proposed provisions, require 
monitoring of control device operating parameters and reporting of 
periods when parameter values are outside the site-specific ranges the 
source established in its operating permit or Notification of 
Compliance Status.
    Some commenters agreed with the HON approach to establish site-
specific parameter ranges to indicate proper operating conditions, but 
many industry commenters asserted that parameter values outside the 
established range should not be considered a violation of the 
requirements for proper operation. These commenters requested the 
removal of provisions stating that parameter range excursions indicate 
the operator has failed to properly operate the control device.
    Several of these commenters requested that sources be able to 
demonstrate, through performance testing, that no violation of the 
emission standard has occurred. Several commenters stated that a direct 
correlation between the monitored parameter values and efficiency of 
the control device has not been established. Some environmental 
organizations and private citizens requested monitoring of the actual 
emission levels instead of monitoring whether the control equipment is 
operating properly.
    Several commenters discussed the difficulty of knowing whether an 
emission limit has been exceeded using parameter monitoring because 
excursions are initially violations of a permit condition and not a 
violation of an emission standard. The commenters were also concerned 
that emission standards may be difficult to enforce using this system.
    Several commenters requested clarification of the interaction of 
the Title VII Enhanced Monitoring program and HON and asked whether 
enhanced monitoring has been incorporated in the HON rule.
    The part 64 enhanced monitoring rule does not apply to sources 
subject to 40 CFR part 63, and therefore does not apply to sources 
subject to the HON. However, rules developed under section 112 of the 
Clean Air Act will include monitoring strategies that incorporate the 
concepts of enhanced monitoring established in section 114(a)(3) of the 
Act. This approach is designed to ensure that monitoring procedures 
developed for section 112 standards provide data that can be used as a 
determinant of compliance with each applicable standard, including 
emission standards.
    For rules where CEM's are not technologically or economically 
feasible, the EPA will generally establish operating parameters which 
must be continuously monitored to determine a source's compliance 
status. In order to determine compliance, parameters must be monitored 
frequently enough to allow the source owner or operator to certify 
whether compliance was continuous or intermittent for each 
recordkeeping period associated with the applicable emission limitation 
or standard. Generally, the EPA will select the parameters that must be 
monitored; however, the sources will establish, through performance 
tests, engineering analysis, and manufacturer's recommendations, the 
levels which must be maintained in order to remain in compliance with 
the emission standard. These source-specific levels will be 
incorporated in a source's operating permit (or, in the absence of an 
operating permit, these established levels will be directly 
enforceable) and will be used to determine a source's compliance 
status. For future section 112 standards, deviations from the operating 
parameters are expected to be considered violations of the applicable 
emission standard.
    However, in developing an operating parameter monitoring strategy 
for the HON, it became evident that the complexity of this particular 
standard, the wide range of processes and pollutants covered, and the 
potentially large numbers of emission points located at any one 
facility, would warrant a somewhat different approach in determining 
compliance based on monitored parameters. Specifically, when a daily 
average value of a monitored parameter is outside the established 
range, such an excursion would not be considered a violation of the 
emission standard, but rather, a violation of proper operating 
conditions. Further, the HON allows for a designated number of excused 
excursions, i.e., a predetermined number of average daily parameter 
values outside the source's established range, that would not 
constitute an operating parameter violation.
    This variation to the Agency's standard approach of incorporating 
enhanced monitoring concepts into section 112 rules does not signal a 
change in underlying Agency policy, nor should it be viewed as a 
precedent for future standards developed under 40 CFR part 63. Rather, 
the method of compliance determination in the HON represents an 
exception to the normal enhanced monitoring requirements, and one that 
is deemed necessary because of the diversity of emission points and the 
unique nature of the facilities regulated under this standard. The EPA 
believes that for other MACT standards which will regulate a more 
narrow range of industrial sources, a more precise link between 
operating requirements and emission violations will be justified.
    Many commenters requested that CEM's be included in the rule for 
use in monitoring HAP emission levels, instead of using continuous 
parameter monitoring.
    The EPA considered CEM's for use in the HON, but found them to be 
technically infeasible due to the lack of CEM technology for all 112 
HAP's regulated by the HON. This determination is discussed further in 
section 3.2.4 of BID volume 2E.
    b. Excused excursions. The final provisions allow a maximum of six 
excused excursions for the first semiannual reporting period, 
decreasing by one excursion each semiannual reporting period, down to 
one excused excursion per period by the end of 3 years. Thereafter, 
sources are allowed one excused excursion per semiannual reporting 
period. Excused excursions are not considered violations.
    The EPA requested comment in the proposal preamble on the number of 
days or percent of operating time that should be allowed as excused 
excursions, and whether the excused number of days should decrease over 
time. A range of 3 to 6 days was proposed.
    Commenters supported a range of 0 to 6 days of excused excursions. 
A number of commenters stated that the excused excursions were 
necessary to account for inevitable and unanticipated operating 
parameter fluctuations.
    The system of decreasing the number of excused excursions as the 
source becomes more familiar with the operation of their control device 
allows sources to benefit from the knowledge they gain over time.
    The final rule states, as at proposal, that a malfunction that is 
included in the source's start-up, shutdown, and malfunction plan, 
required in Sec. 63.6(e)(3) of the General Provisions, is not 
considered an excursion if the plan is followed. If the plan is not 
followed, or if the malfunction is not included in the plan, this is 
considered an excursion.
    For the final rule, an excursion has occurred when the source's 
daily average falls outside the established ranges, or when monitoring 
data are insufficient to calculate valid hourly averages for at least 
75 percent of the operating hours in a day. Monitoring data are 
insufficient to calculate a valid hourly average if measured values are 
unavailable for any of the 15-minute periods within the hour. If the 
excursion is not an excused excursion, it is a violation of the 
operating permit conditions (i.e., a violation of proper operation and 
maintenance of the control device). Each excursion is a direct 
violation of the operating conditions, but not the emission limit. As a 
violation of the operating conditions, the regulatory authority can 
take enforcement actions against the source. If the regulatory 
authority requests a performance test to determine compliance with the 
emission limit, and the test reveals the emission limit is exceeded, 
then the source has violated the emission limit and is subject to 
enforcement actions for violating the emission standard.
    c. Alternative monitoring and recordkeeping. The proposed 
provisions allowing sources to request approval to monitor alternative 
parameters were retained in the final provisions and expanded to allow 
sources to request approval to use alternative monitoring and 
recordkeeping systems. These monitoring systems would be approved by 
the permit authority on a case-by-case basis, and would include 
requests to use non-automated monitoring and recording systems and data 
compression systems.
    Many commenters requested that the rule allow the utilization of 
existing monitoring and recordkeeping equipment to the maximum extent 
possible, and discussed the need for these alternative monitoring and 
recordkeeping systems. A few commenters requested that sources that do 
not have automated monitoring and recording systems be allowed to 
continue to use manual recording systems and be granted a less frequent 
monitoring schedule.
    The EPA expects that there will be few facilities that would choose 
not to use automated recording systems (e.g., strip charts or computer 
systems) in light of the labor costs of manual recordkeeping. However, 
there may be specific cases where use of a manual system would be less 
burdensome, for example, a smaller, older facility that does not have 
computerized recording and already has a manual monitoring and 
recordkeeping system. Provisions were added to the final rule to allow 
sources with non-automated systems to request approval from the 
permitting authority to manually read the value of the relevant 
operating parameter less frequently than every 15 minutes. The rule 
provides specific criteria for such requests to ensure that the 
monitoring and recordkeeping system is sufficient to determine 
compliance. In particular, the system shall include manual reading and 
recording of operating parameter values no less frequently than once 
per hour and daily average values calculated from the hourly values. 
The request shall contain a description of the monitoring and 
recordkeeping system, documentation that the source does not have an 
automated system, reasons the source is requesting an alternative 
system, and demonstration that the monitoring frequency is sufficient 
to represent control device operating conditions. Approval of such 
systems will be decided on a case-by-case basis by the permit 
authority.
    Many commenters requested that data compression be allowed in order 
to allow use of current systems, while still allowing determination of 
when exceedances have occurred. Data compression systems do not record 
monitored operating parameter values at a set frequency, but record all 
values that meet set criteria for variation from previously recorded 
values. The commenters stated that they currently used data compression 
systems or intended to install such systems, and that the advantages of 
data compression include the ability to more accurately represent 
operating parameter variation, the ease of data retrieval from archived 
data, reduced data storage requirements resulting in reduced computer 
costs, automatic record generation, the ability to quickly detect 
operating problems, and access past data and predict future problems. 
The commenters provided technical information on data compression 
systems.
    After considering technical information on data compression 
systems, the EPA concluded that properly designed data compression 
systems can provide sufficient information for determining compliance. 
The final rule allows a source to request approval from the permitting 
authority to use data compression as an alternative monitoring and 
recordkeeping system. The EPA has established minimum criteria for 
using data compression, including: Measuring the operating parameter 
value at least once every 15 minutes; recording at least four 
representative values each hour; recording the date and time when 
monitors are turned off and on; recognizing unchanging data, alerting 
the operator, and recording the incident; and computing daily averages 
from the recorded data. At the end of the operating day, if the daily 
average value is not an excursion, the data may be converted to hourly 
averages instead of retaining the four individual data values for each 
hour. Approval of such systems will be decided on a case-by-case basis.
    Some commenters requested that sources be allowed to use interlock 
devices which monitor the control device operating parameters and shut 
down the process before an excursion can occur. The commenters 
suggested that if such systems are used, recordkeeping is not 
necessary.
    While the EPA wishes to encourage innovative technologies such as 
interlock systems, the EPA has insufficient information on the variety 
of designs and applications of interlock systems to specify alternative 
recordkeeping procedures that would be appropriate for all such 
systems. Sources wishing to use other alternative monitoring methods, 
including sources using interlock devices, may apply to do so according 
to the process described in the General Provisions Sec. 63.8(f).
    d. Inspections and non-continuous monitoring. For some emission 
points, such as storage vessels and some wastewater operations, 
continuous parameter monitoring is not feasible in certain 
circumstances due to the design of the control device or other 
operational and system design characteristics of the emission points or 
control technologies. One example of non-continuous monitoring is the 
periodic visual inspection of storage vessels equipped with internal or 
external floating roofs. If a failure, such as a gap or tear in the 
seal, is detected, the vessel must be repaired or emptied within 45 
days. In addition, two 30-day extensions may be requested from the 
Administrator. Violations occur only when a failure is detected and the 
vessel is not repaired or emptied within 45 days or the time provided 
with an extension. More information on inspections and non-continuous 
monitoring is provided in chapter 6 of BID volume 2B for wastewater 
operations and chapter 3 of BID volume 2A for storage vessels.
3. Records
    a. Continuous records. The final rule allows retention of hourly 
average values of monitored parameters instead of 15-minute values for 
operating days when there is not an excursion. If there is a monitoring 
parameter excursion, the 15-minute values for the excursion period must 
be retained.
    A number of commenters requested that only hourly or daily averages 
be required, as 15-minute values would require reprogramming their 
computer systems and would be costly. The commenters also contend that 
15-minute values may not be necessary to demonstrate compliance with 
the rule because operational problems would occur over a period of 
several hours, and could be discovered through the hourly averages. 
Some commenters suggested that 15-minute records should only be kept 
for days when there are parameter excursions.
    The EPA agrees with the commenters who suggested that hourly 
average values are generally sufficient to determine compliance, and 
that 15-minute records should be kept only if there is an excursion. As 
at proposal, compliance with the operating conditions is based on the 
daily average value of continuously monitored parameters. If the daily 
average value is outside the established range, this is an 
``excursion.'' The proposal required retention of 15-minute average 
data values to substantiate the daily average calculations and provide 
a record of trends in control device operation over a shorter time 
period. Records of hourly average values are sufficient to accomplish 
these purposes, and will greatly reduce the recordkeeping burden of the 
HON. This change will reduce by a factor of four the number of records 
that must be digitally converted by computer systems, copied onto tapes 
and/or printed as hard copy, duplicated, and stored. It will avoid the 
cost of reprogramming existing computerized recordkeeping systems that 
commenters said are currently programmed to retain hourly averages. The 
reduction in the number of records will also simplify review of these 
records by enforcement agencies.
    The reduction in the number of records will not impair the ability 
to detect parameter excursions. The final rule requires continuous 
monitors to measure parameter values at least once every 15 minutes, as 
did the proposal, and many monitors are designed to measure more 
frequently. The final rule also requires recording of 15-minute average 
values or instantaneous readings taken at least once every 15 minutes. 
However, the final rule allows the 15-minute values to be converted to 
hourly average values at the end of the operating day if there was not 
an excursion. The 15-minute values can then be discarded, and only the 
hourly averages must be retained. For operating days when there is an 
excursion, the final rule requires retention of the 15-minute values of 
parameters. This will provide a more detailed record of those periods 
when there are problems. Keeping 15-minute instead of hourly values for 
excursion periods will not significantly increase the recordkeeping 
burden because there should only be a couple of days per year when 
there are parameter excursions for any given emission point.
    A few commenters stated that the requirement in the transfer 
operations provisions to take 5 [and 15] minute values was incompatible 
with their current data collection system, would be extremely costly, 
burdensome, and of no environmental benefit.
    The transfer provisions have been revised for the final rule and no 
longer require retention of 5-minute and 15-minute records. Hourly 
records (and 15-minute records for excursions) are required for 
transfer as well as the other kinds of emission points. Transfer is 
discussed in more detail in section V.G.3.b and in the BID.
    b. Accessibility/storage. A number of commenters requested that 
sources have the option of storing records at an accessible off-site 
location because retaining records on-site at a source for 5 years 
would be burdensome and expensive.
    This is an issue addressed in the notice presenting the final 
General Provisions to part 63. The provisions of subpart F are 
consistent with the final General Provisions. For the first 2 years, 
records may be retained on-site or at a central location accessible by 
computer. For the following 3 years, records may be maintained at an 
off-site location.
    c. Retention time. Several commenters maintained that retaining 
records for 5 years as required in the proposal would be burdensome and 
expensive. Instead, commenters suggested records be retained for 1 or 2 
years.
    The final rule requires retention of records for 5 years. This is 
consistent with the General Provisions and the operating permits rule. 
This issue is addressed in the notice presenting the final General 
Provisions to part 63. The Agency's rationale is contained in the 
preamble to the final General Provisions.
4. Compliance Schedule
    a. Group status changes. The final rule establishes compliance 
dates for cases in which a Group 2 emission point becomes a Group 1 
emission point. The final provisions differ from the proposed 
provisions.
    Several commenters requested that a Group 2 emission point that 
becomes a Group 1 emission point be granted 3 years to come into 
compliance, as existing sources are allowed 3 years, and the proposed 
150-day period may not be possible given the time needed for permitting 
and installation of controls.
    The EPA decided that, in some cases, the proposed 150 days may not 
be sufficient to engineer, permit, purchase, and construct control 
equipment to comply with the requirements; whereas, in other cases, 
compliance could be achieved sooner. Therefore, the proposed 150 day 
period was deleted from the rule, and compliance date provisions were 
added to Sec. 63.100 of subpart F. In certain cases specified in 
subpart F, the source is allowed to establish a site-specific schedule 
subject to the approval of their permit authority. To be consistent 
with section 112 of the Act, the schedule can be no longer than 3 
years. The reader should refer to Sec. 63.100 of subpart F to determine 
whether a site-specific schedule is allowed in a particular case.
    b. Compliance extensions. The final rule, like the proposed rule, 
states that requests for extensions must be submitted as part of the 
operating permit application or as part of the Initial Notification or 
as a separate submittal no later than the date the Implementation Plan 
is due. In the preamble to the proposed HON rule, the EPA requested 
comment on the potential difficulties of complying with the HON in the 
3-year compliance time and through use of the 1-year request for a 
compliance extension.
    Many commenters stated that it would be difficult or impossible for 
some sources to meet the HON's 3-year compliance date due to both 
obvious and unforeseen circumstances and that the need for a compliance 
extension may not be recognized until after the Implementation Plan is 
due. The sources requested that they be allowed to apply for a 
compliance extension up until the compliance date.
    The issue of whether compliance extensions can be requested up 
until the compliance date is an issue with broad applicability to all 
part 63 standards and was raised in the public comments on the General 
Provisions to part 63. The HON is consistent with the final General 
Provisions.
5. Other Comments
    Many other comments were received on topics such as the five report 
system, electronic submittal of reports, recordkeeping and reporting 
consistency with other requirements, burden cost estimates, data 
collection and recording frequency, current use of automated and non-
automated monitoring systems, record retention time and accessibility, 
impacts on regulatory agencies, site-specific ranges, performance 
testing, enforcement, and many other topics. A complete summary of the 
comments received and the EPA responses pertaining to monitoring, 
recordkeeping, reporting, and compliance may be found in chapters 2 and 
3 of BID volume 2E. Comments and requirements pertaining to emissions 
averaging monitoring, recordkeeping, and reporting issues are discussed 
in section V.D of this notice and in section 2.8.2 of BID volume 2C.

F. Coordination with Other Clean Air Act Requirements

1. General Provisions
    After proposal of the General Provisions (August 11, 1993; 58 FR 
42760), the HON public comment period was reopened to take comment on 
several issues, one of which was the overlap between the HON and the 
General Provisions. Written comments were received from approximately 
75 commenters. Many of these commenters contended that it was difficult 
to determine those instances when the General Provisions requirements 
apply to the HON. The commenters suggested that the HON specifically 
state those General Provisions sections that apply to the HON, instead 
of the current system which states which General Provisions sections do 
not apply. The commenters, some of whom also included the comments they 
had submitted to the General Provisions docket, provided tables and 
suggested text changes showing which specific General Provisions 
sections they thought were relevant to the HON, and which General 
Provisions sections they thought should not apply to HON sources. In 
response to these comments, the EPA has provided a table in subpart F 
of the rule which specifies which General Provisions sections do and do 
not apply to the HON.
2. Overlap with NSPS, NESHAP, and CTG
    For the final rule, the EPA has clarified which requirements are to 
be met when an emission point is subject to other air regulations in 
addition to the HON. The EPA agreed with commenters that the proposed 
rule did not provide adequate guidance regarding what to do when the 
HON overlaps with other NESHAP and NSPS.
    Several commenters contended that the proposed HON would lead to 
overlap with existing regulations, and because EPA did not provide 
details on which requirements are to be met when such situations occur, 
the overlap between the HON and other regulations would lead to 
confusion, inconsistent application of the requirements, and possible 
compliance violations. The commenters claimed that the EPA's direction 
to comply with the most stringent regulation was inadequate. Several 
commenters specifically questioned whether the language on overlapping 
requirements was intended for all facets of the HON or only for 
recordkeeping and reporting, since the requirement appeared in the 
recordkeeping and reporting section of subpart F.
    A number of commenters specifically stated that sources complying 
with the Benzene NESHAP or the Vinyl Chloride NESHAP should be exempt 
from complying with the HON because these standards are more stringent 
than the HON. A few commenters expressed concern that the wastewater 
provisions in the HON may conflict with the requirements of the Benzene 
NESHAP, particularly the use of biological oxidation units.
    The EPA recognizes that the guidance in the proposed HON on 
determining which requirements to comply with when regulations overlap 
was confusing. In order to clarify these requirements, the EPA has 
listed in Sec. 63.110 of the final rule which provisions owners or 
operators are required to comply with when they are subject to existing 
regulations.
    The EPA believes that in most cases the HON contains more stringent 
requirements than in other existing regulations. For these cases, the 
EPA has decided to override the requirements of the existing 
regulations with the requirements of the HON. In other cases, the owner 
or operator must either comply with the HON and the overlapping 
regulation, with the overlapping regulation, or some combination of the 
two.
    For most Group 1 emission points that are also subject to existing 
NSPS and NESHAP, the owner or operator is required to comply with the 
HON requirements. For wastewater, Group 1 and Group 2 streams must 
either comply with both the HON and the Vinyl Chloride NESHAP or submit 
a demonstration that compliance with the Vinyl Chloride NESHAP assures 
compliance with the HON. Group 1 and Group 2 wastewater streams subject 
to both the HON and the Benzene NESHAP must comply with both rules 
because it is not possible for one rule to override the other. The 
benzene rule cannot override the HON because the HON covers 112 organic 
HAP's whereas the benzene waste operations NESHAP only covers emissions 
of benzene. The EPA does not believe that in all cases demonstration of 
control of benzene will also demonstrate compliance with control 
requirements for all HAP's. The HON cannot override the benzene rule 
because the benzene rule applies to waste and wastewater and the HON 
only applies to wastewater. Thus, in the final HON, the EPA is 
requiring that a source subject to both rules must comply with both 
rules.
    For Group 2 emission points that are also subject to existing NSPS 
and NESHAP, Sec. 63.110 specifies which provisions of HON and which 
provisions of the other rules will apply. The EPA developed the 
specifications through a comparison of the rules and their monitoring, 
recordkeeping, and reporting requirements for each kind of emission 
point. When HON wastewater provisions overlap with RCRA regulations, 
the EPA has decided to allow owners or operators to either comply with 
the regulation they consider the most stringent, or to request a case-
by-case determination by the Administrator of which requirements to 
comply with.
    A few commenters expressed concern that if future MACT standards 
require more stringent control, facilities would have to replace 
technology required by one standard with that required by another.
    The EPA's plan for implementing the Act is for each source category 
to have its own MACT standard. No two MACT standards should be 
applicable to the same emission point. The only future requirements 
that should apply to the emission points subject to the HON are those 
developed during the residual risk analysis for the HON. The EPA has 
done its best to clarify the applicability of the HON. However, it is 
difficult to anticipate all the potential overlaps with MACT standards 
that have not yet been drafted. In developing the applicability 
provisions of future MACT standards, the EPA will be as clear as 
possible and will avoid applying more than one MACT standard to the 
same emission point.
3. PSD/NSR
    For the final rule, the EPA maintains that the approach for 
estimating secondary impacts that was presented in the proposed HON is 
sufficient for rulemaking purposes.
    Several commenters argued that compliance with the RCT requirements 
of the HON would increase NOx and CO emissions, thereby requiring 
PSD or NSR determination depending on non- attainment status of the 
source. The commenters also contended that PSD and NSR determination 
would require a BACT or LAER analysis, air emissions modeling, offsets 
for NOx emission increases, and possibly a Federal Land Manager 
review. Several of the commenters claimed that the cost of these 
analyses and the control technologies they may require were not 
included in the cost analysis for the HON. The commenters contended 
that such costs would make compliance with the HON unaffordable.
    The commenters are correct that costs for controlling secondary 
impacts were not analyzed in the HON. However, the EPA did analyze the 
extent of multimedia impacts of applying the RCT's. The results of the 
analysis indicated that controls on process vents would result in only 
6 percent of the sources exceeding the PSD NOx threshold of 40 tpy 
in non-attainment areas if combustion controls were applied, and none 
of the sources would exceed the CO emissions threshold of 100 tpy. None 
of the sources were determined to exceed the CO and NOx emission 
levels as a result of controlling transfer operations. Based on these 
results and the great flexibility provided in compliance options, the 
EPA does not consider that control of secondary impacts of applying the 
RCT's will significantly impact the cost of the HON.
    In addition, although the HON provisions for process vents and 
transfer operations require 98-percent control, they do not necessarily 
require combustion. A facility has the choice of applying the RCT or 
using any technology that achieves an equivalent emissions reduction. 
The process vents provisions also provide the option of modifying the 
process or using additional product recovery to raise the TRE to 
greater than 1.0, thereby converting the vent to a Group 2 vent.
    Other commenters argued that the permit review process for PSD and 
NSR would increase the amount of time for complying with the HON, and 
cause some sources to miss compliance dates.
    The EPA considers PSD and NSR concerns to be best handled on a 
site-specific basis. An individual source may cite the delays involved 
with obtaining PSD or NSR permits in requesting extensions from the 
EPA. Under the Pollution Control Project exclusion section of the NSR 
regulations, States will also have the flexibility to consider overall 
environmental benefits of pollution control and may not require a 
source to obtain preconstruction permits under PSD or NSR.
    Several commenters requested that EPA exclude from the definition 
of modification, and thus from NSR requirements, the installation of 
controls required in the HON that are considered environmentally 
beneficial.
    The EPA is reviewing possible changes to the NSR/PSD program. Until 
such changes are made, the EPA has decided that sources requesting 
exemptions will be handled on a case-by-case basis. Where a source 
merits it, the EPA will consider exclusions from some NSR/PSD 
requirements.
4. Section 112(g)
    Several commenters requested that the EPA clarify the relationship 
between the HON and requirements in section 112(g) of the Act. Some 
commenters requested that EPA provide definitions for modification and 
reconstruction as they apply to the HON. One commenter requested that 
the EPA incorporate a de minimis emissions increase concept for minor 
modifications.
    Case-by-case MACT emission limitations under the proposed section 
112(g) rule do not apply to SOCMI sources covered by today's rule. The 
EPA need not add a de minimis emissions increase concept for the HON 
because the HON has established procedures for determining which 
operational changes require control and what level of control must be 
applied when an operational change occurs. In addition, since section 
112(a) of the Act provides a definition for modification and Sec. 63.2 
of the General Provisions (subpart A of 40 CFR part 63) provides a 
definition for reconstruction, these definitions need not be added to 
the HON. Sources subject to the HON are required to use the definitions 
in the Act and General Provisions, unless that part of the General 
Provisions is specifically overridden in the HON.
    Sources subject to the HON should note that subparts F and G 
establish administrative procedures to cover a variety of operational 
changes that are likely to occur at SOCMI facilities. These procedures 
specify the notification and approval requirements for each type of 
change. As stated in the preamble to the proposed rule implementing 
section 112(j) of the Act, it is the EPA's intent that the control 
requirements of individual MACT standards established under section 
112(d) or 112(j) of the Act should supersede the control requirements 
of the section 112(g) rule. The proposed rule for section 112(j) was 
published in the Federal Register at 58 FR 37777 (July 13, 1993). In 
addition, as stated in the proposed rule implementing section 112(g) of 
the Act, it is the EPA's intent that the administrative procedures of 
individual MACT standards established under section 112(d) or the Act 
will supersede the administrative procedures of the section 112(g) rule 
to the extent that the administrative procedures of a section 112(d) 
rule satisfy the requirements of section 112(g) of the Act. [As 
proposed (58 FR 37778), standards established under section 112(j) of 
the Act would rely on the administrative procedures in the section 
112(g) rule.] The question of whether MACT standard administrative 
procedures, such as those in the HON, supersede the administrative 
procedures of the section 112(g) rule is one on which comment is being 
requested in the section 112(g) rulemaking. Consequently, the 
application of section 112(g) administrative procedures to HON sources 
will not be finally resolved until the promulgation of the section 
112(g) rule. Until final action on the section 112(g) rule, sources 
subject to the HON should follow the administrative procedures in 
subparts F and G, and, as appropriate, the General Provisions of 40 CFR 
part 63 subpart A, and the title V operating permits rule.
    One commenter requested that the EPA clarify whether emission 
points that are not regulated by the HON, but are part of the same 
plant site, would be considered area sources and what emissions would 
be available for offsets under section 112(g).
    The Act defines both major source and area source. If a plant site 
meets the definition of major source, it will be regulated as a major 
source under any applicable MACT standard. Plant sites that do not meet 
the definition of major source are considered area sources and could be 
covered under emission standards that regulate area sources. For 
example, if within a petroleum refinery that is a major source plant 
site, there are emission points associated with SOCMI processes, the 
SOCMI emission points would be regulated under the HON, whether or not 
they alone would constitute a major source. The refinery emission 
points would be regulated under the refinery MACT standard. The rule 
implementing case-by-case MACT emission limitations under section 
112(g) will address sources that are not covered by a promulgated MACT 
standard. Only emission points that are not subject to a promulgated 
MACT standard could be available for offsets. If a source is regulated 
by a promulgated MACT standard such as the HON, the controls applied to 
comply with the promulgated MACT will not be available for offsets 
under section 112(g), as proposed. At plant sites with sources subject 
to the equipment leak provisions in subparts I and H, only the 
equipment leaks are covered by the HON. Thus, the section 112(g) 
control requirements could apply to the other actions and equipment at 
the plant site.
5. Residual Risk
    A number of commenters expressed concern with calculating residual 
risk on a plant-wide basis because once a MACT standard is promulgated 
for one source category within a facility, residual risk requirements 
could be triggered before other MACT standards are established for 
other source categories at the facility. In contrast, one commenter 
asserted that the legislative history of the Act requires that residual 
risk be calculated on a plant-wide basis.
    A number of other commenters expressed concerns with calculating 
residual risk on a source category basis because public health could be 
compromised if emissions were artificially split up for purposes of 
risk assessment, rather than considered as a whole. However, two 
commenters contended that implementation would be simplified if a 
source category approach were taken.
    Several other commenters argued that the basis for estimating 
residual risk should not be addressed in the HON or at this time. The 
commenters contended that Congress intended to defer risk-based 
standards until better methods of risk analysis have been defined. Some 
commenters requested that the EPA begin to investigate the appropriate 
methodology for determining residual risk.
    As many of the commenters have noted, residual risk will be 
determined at a later time. The EPA's intent in requesting comments on 
residual risk was to facilitate ideas on how residual risk should be 
analyzed.
6. RCRA and OW Regulations
    Several commenters asserted that the HON did not consider overlaps 
with RCRA rules. The EPA disagrees with the commenter's assertion that 
the EPA has not considered the implications associated with regulatory 
overlap between the HON and the RCRA regulations. In fact, the EPA has 
made every effort to identify areas in which these regulatory programs 
may overlap. The commenter did not express any particular concerns 
about specific areas of overlap. The EPA has identified several 
potential areas in which both the RCRA and the HON could apply to the 
same situation. To avoid dually regulating these areas, the EPA has 
tried to make the regulatory language in the HON consistent with 
existing RCRA requirements and, where appropriate, has designated which 
regulations the owner or operator must comply with to satisfy the 
requirements of both regulatory programs. For example, in the 
provisions that specify the required treatment processes for managing 
wastewater at SOCMI sources, the EPA will accept demonstration of 
compliance with RCRA requirements as demonstration of compliance with 
the HON for the following treatment processes: (1) hazardous waste 
incinerator permitted under 40 CFR part 270; (2) boilers and industrial 
furnaces either permitted under 40 CFR part 270 or certified as an 
interim status facility in compliance with 40 CFR part 266; and (3) 
underground injection wells permitted under 40 CFR part 207 and in 
compliance with 40 CFR part 122. These treatment processes are not 
subject to the treatment process requirements in the HON because the 
EPA recognizes that such treatment processes are already strictly 
regulated under the RCRA program. However, emissions from the 
wastewater stream must still be suppressed up to these treatment 
processes according to Secs.  63.133 through 63.137 of the HON.
7. Pollution Prevention
    For the final rule, the EPA maintains that the proposed HON 
sufficiently promotes pollution prevention for the various chemical 
manufacturing process units in the SOCMI.
    One commenter did not consider the HON to meet the requirements of 
the Act because it does not consider pollution prevention activities. 
Several other commenters contended that the HON discourages pollution 
prevention activities because it promotes use of pollution controls and 
safety measures instead of redesign of processes or material 
substitutions to eliminate emissions. Some of the commenters believed 
that industry will innovate and apply pollution prevention only if EPA 
forces them to do so. Many of the commenters recommended that the EPA 
revise the HON to encourage more pollution prevention. The commenters 
suggested that EPA:
    (1) Incorporate pollution prevention approaches in existing State 
programs;
    (2) Set a timetable for the elimination of emissions; and
    (3) Require evaluation of process and product changes prior to end-
of-pipe controls.
    Pollution prevention activities, particularly process redesign, are 
site-specific. Therefore, it would not be practical or possible to 
stipulate specific requirements for the large number of chemical 
production processes subject to the HON.
    The EPA also considers that elimination of pollution through 
material substitution will not be possible in all cases because SOCMI 
products (many of which are listed as HAP's in section 112 of the Act) 
cannot be eliminated from use without adverse economic impact. 
Specifically, because the products of the SOCMI are used in the 
production of polymers, resins, pesticides, pharmaceuticals, etc., 
elimination of a SOCMI product would affect not only the SOCMI producer 
but also the downstream user of that SOCMI product. Many of the end-use 
products (e.g., resins, pharmaceuticals, etc.) could not be made from 
other materials. Thus, the EPA maintains that material substitution is 
better left determined by the marketplace rather than by mandate 
through a specific Federal requirement.
    The EPA believes that the HON sufficiently encourages pollution 
prevention. For example, within the provisions for process vents, 
storage vessels, transfer operations, and wastewater collection and 
treatment operations, there are compliance options that only specify a 
percent reduction of HAP emissions. To comply with most of these 
options, a source may use any means, including process changes or 
recovery devices, to reduce emissions by the specified percent. While 
process vent provisions do not allow use of recovery devices to achieve 
the 98-percent reduction, the process vents provisions encourage the 
use of process changes and recovery devices by including an option for 
achieving a specified TRE value instead of adding control. Thus, the 
owner or operator does not have to combust emissions to comply with the 
standards. The storage vessel provisions encourage the use of floating 
roofs to control emissions. Many of the requirements in the equipment 
leaks and wastewater provisions also encourage pollution prevention 
options to control emissions. The emissions averaging provisions 
encourage pollution prevention by: (1) Not applying a discount factor 
to credits generated by pollution prevention measures and (2) allowing 
an additional five emission points to be included in an average if 
pollution prevention measures are used.

G. Miscellaneous Technical Comments

1. Process Vents
    a. Monitoring for Group 2 vents with TRE between 1 and 4. For the 
final rule, the EPA maintains the same position as at proposal for 
monitoring for process vents with a TRE between 1 and 4.
    Several commenters recommended that the same monitoring provisions 
for vents with a TRE between 1 and 4 be applied to vents with a TRE 
greater than 4 due to process fluctuations. Several other commenters 
requested that monitoring requirements for vent streams with a TRE 
between 1 and 4 be reduced or eliminated because of the burden without 
emissions reduction.
    The rule requires monitoring, recordkeeping, and reporting 
requirements for Group 2 vent streams with TRE index values between 1 
and 4 to ensure those vents do not become Group 1 vents due to process 
or recovery device operating variations and remain uncontrolled. Group 
2 vents with TRE index values greater than 4 are not required to 
monitor. An analysis was performed prior to proposal that shows that a 
vent with TRE greater than 4 is unlikely to become Group 1 due to 
process or recovery device operating fluctuations or measurement 
uncertainties, whereas if TRE is greater than 4, it is important to 
monitor recovery device operating parameters, because variations in 
process or recovery device operations could cause such streams to 
become Group 1. The EPA recognizes the uncertainty present in TRE 
calculations, but decided that a sufficiently large safety factor has 
been included for vents with a TRE greater than 4. The decision not to 
require monitoring for process vents with a TRE greater than 4 reduces 
the burden of regulation for both the industry and regulatory agencies.
    b. Product accumulator vessels. For the final rule, the EPA has 
deleted the term ``product accumulator vessel,'' and will regulate 
equipment previously described as product accumulator vessels as 
follows: (1) Vents from distillate receivers and product separators 
will be regulated as process vents under subpart G; (2) hot wells will 
be regulated by the wastewater provisions under subpart G; and (3) 
surge control vessels and bottoms receivers will remain in subpart H. 
The definition of process vent has been revised to include distillate 
receivers and product separators.
    Several commenters expressed concern due to the inconsistencies in 
the proposed provisions for product accumulator vessels. The major 
concerns included: (1) Multiple standards (process vents under subpart 
G and equipment leaks under subpart H) would apply to the same vent; 
(2) there are different compliance dates in subparts G and H; (3) the 
proposed definition did not distinguish between product accumulator 
vessels and storage vessels or other in-process vessels; and (4) 
product accumulator vessels, which are point sources, would be 
regulated under provisions that were intended for fugitive emissions 
(i.e., equipment leaks). The commenters suggested eliminating the 
inconsistencies by: (1) Deleting the subpart H requirements for product 
accumulator vessels and regulating them as process vents under subpart 
G; (2) allowing sources to select whether to comply with the 
requirements of subpart G or subpart H; or (3) regulating product 
accumulator vessels as storage vessels under subpart G. Several 
commenters also suggested deleting from the HON the requirements for 
product accumulator vessels associated with the non-SOCMI processes 
subject to subpart H. The commenters preferred regulating such vessels 
under future MACT standards for the appropriate source category.
    The EPA agrees that there is need to clarify the applicability of 
the HON to product accumulator vessels. Previous definitions and 
control cost analyses for process vents have included indirect 
releases, such as those from distillate receivers and product 
separators. These emissions were clearly intended to be process vents 
requiring 98-percent control under subpart G. Condensates from hot 
wells were included in the proposed definition of wastewater and were 
intended to be controlled at 95 percent under the subpart G provisions 
for wastewater. Surge control vessels and bottoms receivers are 
typically smaller than storage vessels subject to the HON, and have 
relatively low emissions. Also, previous analyses on process vents have 
not been clear on the inclusion of these vessels. Thus, the EPA decided 
that surge control vessels and bottoms receivers will remain in subpart 
H to be controlled at 95 percent. The term ``product accumulator 
vessel'' has been deleted from the HON, and replaced with ``surge 
control vessels and bottoms receivers.'' The above clarification 
reflects the EPA's original intent regarding how the various equipment 
types should be regulated and is not designed to alter the stringency 
of the HON.
2. Storage Vessels
    a. Time allowance for planned routine maintenance of control 
devices. In the final rule, the EPA has increased the allowance for 
sources to complete planned routine maintenance of a control device 
from 72 hours per year to 240 hours per year.
    Several commenters asserted that the proposed 72 hours per year for 
routine maintenance of a control device would be insufficient for 
reasons including: (1) Routine maintenance of a flare may require up to 
7 to 10 days per year; (2) rebricking a thermal oxidizer requires at 
least 7 days; (3) some States have included in incinerator air permits 
an allowance of 10 days per year for routine maintenance; and (4) in 
general, repair of boilers and water scrubbers requires more than 72 
hours per year for routine maintenance. Several commenters requested 
that the rule allow for longer routine maintenance periods by: (1) 
Increasing the time allowance; (2) allowing extensions from the 
permitting authority; or (3) requiring that storage vessels not be 
filled during any routine maintenance that exceeds the 72-hour 
allowance.
    The EPA concluded that the 72-hour allowance for routine 
maintenance is inadequate. After reevaluating the available 
information, the EPA determined that increasing the time allowance to 
240 hours (i.e., 10 days) would be the most reasonable approach to 
address the need for more time to complete routine maintenance and to 
be consistent with State air permitting activities. The EPA did not 
choose either of the other two approaches suggested by the commenters 
because of the additional burden associated with them. Specifically, 
requiring that storage vessels not be filled during any routine 
maintenance exceeding 72 hours would require the addition of equipment 
to monitor liquid level for enforcement purposes. Further, allowing for 
extensions for routine maintenance beyond the 72 hours would require 
added reporting burden for both sources and permitting authorities.
    While the EPA is allowing sources to utilize the full 240 hours to 
perform routine maintenance on each control device, the EPA does not 
expect that sources will utilize all 240 hours for all control devices, 
because many types of control devices do not require 240 hours of 
maintenance time per year. The EPA has included provisions in the 
regulation that make sources accountable for their utilization of this 
allowance. Sources are required to periodically (i.e., every six 
months) report the routine maintenance performed and the amount of time 
used to complete that routine maintenance. In addition, sources must 
indicate the routine maintenance they expect to perform during the 
following six months.
    b. AP-42 Equations for emissions averaging with storage vessels. 
For the final rule, the EPA will include the September 1985 version of 
the AP-42 equations; however, the EPA will allow sources to utilize 
either the September 1985 version or the October 1992 version (i.e., 
referenced as American Petroleum Institute Publication 2518, second 
edition, October 1991) of the AP-42 equations for estimating breathing 
losses from fixed roof storage vessels, for the purposes of emissions 
averaging. Whichever set of equations a source selects, the source must 
utilize the same set of equations for calculating breathing losses of 
fixed roof storage vessels for estimating both credits and debits.
    Two commenters recommended that the EPA update the storage vessel 
emissions equations in the emissions averaging section of the final 
rule in order to reflect the latest changes in the EPA document 
``Compilation of Air Pollutant Emission Factors (AP-42)'' included in 
chapter 12 of supplement E, entitled ``Storage of Organic Liquids.''
    The EPA agrees that sources should be given the option to use the 
latest AP-42 equations for estimating breathing loss emissions from 
fixed roof storage vessels. However, the EPA will not require that 
sources use these latest equations because it could be more burdensome 
for some sources. The EPA determined that the October 1992 equations 
are more site-specific and will require that sources make more 
measurements of tank parameters because the EPA cannot provide default 
values for some of the variables in the equations. Although the EPA 
will allow sources to choose either the 1985 or the 1992 version of the 
equations for estimating breathing losses from fixed roof storage 
vessels, the source must use the same set of equations for estimating 
both credits and debits from storage vessels for the purposes of 
emissions averaging.
3. Transfer Operations
    a. Determination of applicability and group status. For the final 
rule, the EPA has clarified many of the applicability and group 
determination provisions regarding transfer operations in the proposed 
HON. The intent of these provisions has not changed.
    Many commenters expressed confusion regarding whether the transfer 
provisions refer to arms or transfer racks being loaded. Several 
commenters requested that the EPA clarify that the HON is only 
applicable to transfers of materials from SOCMI processes and not all 
materials transferred at any given rack or arm.
    The intent of the language in proposed Sec. 63.100(b)(5) of subpart 
F and in the final Sec. 63.100(i) of subpart F is to assign loading 
racks, loading arms, or loading hoses to a chemical manufacturing 
process unit. If the chemical manufacturing process unit is subject to 
the HON, then the loading rack, arm, or hose is also subject to the 
HON.
    Once it is determined that a rack, arm, or hose is subject to the 
HON, group status must be determined. Group status is determined for a 
transfer rack. A transfer rack is defined as the collection of all arms 
or hoses that are assigned to a chemical manufacturing process unit 
that is subject to the HON. For example, if a facility has a rack that 
consists of eight arms and six of these arms are assigned to chemical 
manufacturing process units subject to the HON and the other two load 
petroleum refinery products not subject to HON, then the ``transfer 
rack,'' as defined for the HON, is made up of the six arms that are 
assigned to the chemical manufacturing process unit subject to the HON. 
Group status must be determined based on the vapor pressures and 
throughputs of the HAP's loaded at the arms that are subject to the 
HON. In cases where a rack or arm(s) has been assigned to a chemical 
manufacturing process unit subject to the HON, the rack or collection 
of arms must be controlled during transfers of all HAP's regardless of 
whether those HAP's were associated with SOCMI chemical manufacturing 
process units.
    The EPA determined that assigning equipment to be subject to the 
HON would be easier from an enforcement and control perspective, as 
opposed to assigning transfer operations. Also, by assigning equipment, 
applicability will be more obvious when other rules are promulgated 
affecting transfer operations under other source categories.
     One commenter suggested that the organic HAP partial pressure 
considering all the materials loaded at a specific loading arm or rack 
should be used to determine applicability instead of the rack-weighted 
vapor pressure.
     The EPA agrees with the commenter's suggestion. The final transfer 
provisions have been revised to replace the definition of rack-weighted 
average vapor pressure with a definition for rack-weighted average 
partial pressure.
     b. Testing and Monitoring. The following changes have been made to 
the testing and monitoring provisions for transfer operations:
    (1) 15-minute monitoring of operating parameters is required 
regardless of loading cycle time;
    (2) The requirement for a performance test has been replaced with 
design analysis for racks that load less than 11.8 million liters/yr; 
and
    (3) Performance test requirements have been clarified for 
facilities using common control devices for both process vent and 
transfer emissions or for emissions from multiple arms loading 
simultaneously.
    Several commenters contended that 5-minute monitoring and 
recordkeeping requirements for loading cycles less than 3 hours were 
overly burdensome and would serve no purpose. The commenters suggested 
that the 15-minute monitoring and recordkeeping requirements of loading 
cycles be made standard for all cycles in the final rule.
    The EPA agrees with the commenters that 5-minute monitoring 
intervals are not necessary. The EPA considers 15-minute monitoring to 
provide sufficient statistical confidence in the performance of a 
control device. Fifteen-minute monitoring intervals will also 
adequately identify performance that is outside of the approved 
operating parameter ranges.
    Two commenters contended that it was unduly burdensome to require a 
performance test duration of three loading cycles for infrequent 
loading operations. Both commenters suggested that the EPA allow owners 
or operators to conduct performance testing over only one loading cycle 
for infrequent loading operations. One commenter expressed concerns 
regarding simultaneous loadings and suggested that the EPA provide 
performance test provisions for control devices shared between racks or 
other emission points.
    The EPA agrees with the commenters' assertion that the proposed 
provisions for performance tests for infrequent loading operations were 
burdensome. The EPA determined that for owners and operators loading 
less than 11.8 million liters/year (3.12 million gal/yr) at a single 
transfer rack, requiring a performance test on three loading cycles 
could extend the completion of the performance test to 2 weeks or 
longer. The EPA's intent in requiring testing during three different 
loading cycles was to acquire sufficient data to ensure that a control 
device was operating properly. The EPA has determined that a test of 
one loading cycle would not provide sufficient data on the performance 
of the control device; thus, requiring one loading cycle to be tested 
would not be meaningful. Therefore, in the final rule a design 
evaluation is allowed instead of a test for those racks with infrequent 
loading (i.e., less than 11.8 million liters/year of materials loaded).
    Although the proposed rule did not preclude shared control devices, 
it was not clear how an owner or operator would demonstrate compliance. 
Provisions have been added to the rule to clarify that in the case of a 
control device being shared with process vents, the performance test 
required under the process vent provisions is adequate for the transfer 
provisions. For control devices shared among transfer racks or arms, 
and where materials are simultaneously loaded, the performance test 
requirements have been revised to be similar to the process vent 
provisions: three one-hour performance test runs. Simultaneous loading 
occurs when the beginning and ending times of loading cycles coincide 
and overlap such that there is no interruption in vapor flow to the 
control device; as one loading cycle is completed, another one begins 
or has already begun.
4. Wastewater
    a. Design steam stripper specifications. For the final rule, the 
EPA has revised several of the specifications for the design steam 
stripper. The following changes are incorporated into the final rule:
    (1) The design steam stripper must have ten actual trays;
    (2) The minimum wastewater feed temperature to the design steam 
stripper must be 95  deg.C;
    (3) The requirement to use a water-cooled condenser has been 
deleted;
    (4) The steam-to-feed ratio for the design steam stripper is 0.04 
kilogram of steam for every one kilogram of wastewater;
    (5) The steam heat value must be at least 2,765 kJ/kg (equivalent 
to 690 kPa); and
    (6) The maximum liquid tray loading is 67,000 l/hr-m2.
    (i) Actual number of trays. Several commenters requested 
clarification regarding the EPA's intent to specify theoretical or 
actual trays. Based on additional analyses after the proposed rule was 
published, the EPA has determined that a steam stripper that is 
operated using 10 actual trays will achieve the required HAP target 
removal efficiencies. These analyses are summarized in the promulgation 
BID volume 2D and details of the analysis are in docket A-90-23.
     (ii) Minimum wastewater feed temperature. The proposed rule 
specified 35  deg.C as the feed temperature of wastewater to the steam 
stripper. However, in the design analysis for the wastewater provisions 
in both the proposed and final HON, the EPA has assumed that the feed 
stream is heated to 95  deg.C before it enters the design steam 
stripper. The feed stream is pre-heated to 95  deg.C by using a heat 
exchanger to recover heat from the treated wastewater. The temperature 
of 35  deg.C, which was inadvertently designated as the feed 
temperature in the proposed rule, refers to the temperature of the 
wastewater before it is pre-heated by the heat exchanger and sent to 
the design steam stripper. The EPA has corrected this error and 
included 95  deg.C in the final rule as the minimum wastewater feed 
temperature to the steam stripper after the wastewater has been pre-
heated.
    (iii) Condenser. The proposed rule required that a water-cooled 
condenser with a maximum primary condenser outlet vapor temperature of 
50  deg.C be used in conjunction with the design steam stripper. 
Several commenters questioned why the EPA required the use of a water-
cooled condenser as part of the design steam stripper specifications. 
The commenters suggested that the requirements for treatment devices in 
section 63.138(h) were sufficient to control HAP emissions from 
treatment devices. While the EPA agrees to eliminate the condenser from 
the design steam stripper, it is clarified that a primary condenser, if 
used, does not count toward the 95-percent control requirement because 
this control requirement applies to non-condensibles.
    (iv) Steam-to-feed ratio. Although no specific comments were 
received on this issue, the EPA updated this number as part of the 
analysis to revise the design steam stripper. The proposed rule 
required a steam-to-feed ratio of 0.096 kilograms of steam for every 
one kilogram of wastewater. The revised steam-to-feed ratio of 0.04 
kilograms of steam for every one kilogram of wastewater optimizes the 
efficiency of the design steam stripper to remove HAP's from 
wastewater. The steam heat value specified for the design steam 
stripper is 2765 kJ/kg, which is based on saturated steam at 690 kPa. 
This parameter is specified in the design because use of a lower 
quality steam would reduce the fraction of HAP's removed from the 
wastewater treated by the design steam stripper.
    (v) Maximum liquid tray loading. The maximum liquid tray loading in 
the proposed rule was 39,900 l/hr-m 2. Because the liquid tray 
loading is dependent on several other steam stripper parameters, 
including the steam-to-feed ratio, the EPA has revised this input 
parameter for the design steam stripper as a result of the revised 
design analysis. The design analysis indicates that the revised maximum 
liquid tray loading is 67,000 l/hr-m2.
    (vi) Materials of construction. Although the rule does not specify 
a particular type of steel that the SOCMI must use to construct the 
design steam stripper, the cost estimates for the final rule include 
the cost of stainless steel construction. The cost estimate for the 
steam stripper in the proposed rule was based on carbon steel 
construction. Numerous comments on this issue requested that the EPA 
reevaluate the cost of constructing a design steam stripper based on 
the use of stainless steel for construction. Commenters in favor of 
stainless steel construction stated that stainless steel was stronger, 
more durable, and more reliable than carbon steel. Also, stainless 
steel is the minimum grade of building material that would be used by 
the industry because of corrosion problems associated with carbon 
steel. The EPA received no comments in favor of carbon steel 
construction. The EPA has revised the cost estimate for the design 
steam stripper using stainless steel and has determined that the design 
steam stripper remains a cost-effective option for treating wastewater.
    b. Fraction removed (Fr). In the final rule, the EPA has revised 
the required Fr values (i.e., strippabilities) and assigned an Fr for 
each of the individual compounds regulated by the wastewater provisions 
(i.e., compounds listed on table 9). Several commenters requested that 
the EPA:
    (1) Re-evaluate the Fr estimates in the proposed rule using actual 
Henry's law constants at 100  deg.C; and
    (2) Assign a better estimate of individual compound-specific Fr 
values rather than use the strippability groups.
    In response to comments, the EPA conducted a literature search to 
determine peer-reviewed Henry's law constants at 25 and 100  deg.C, and 
selected the best estimates available for each compound. The revised 
Henry's law constants at 100  deg.C were used to estimate Fr values for 
each of the 76 compounds in the wastewater provisions of the final 
rule. The report documenting the development of the constants is titled 
``Henry's Law Constants for the 83 HAP's Regulated in the Proposed HON 
Wastewater Provisions,'' and is provided in Docket A-90-23. In the 
proposed rule, each of the compounds listed on table 9 was assigned to 
one of these strippability groups. The strippability groups represented 
a range of actual strippabilities with a single target removal 
efficiency (i.e., strippability). The EPA agreed with commenters that 
assigning HAP's to a specific strippability group could preclude 
compliance with the standard for some compounds. Therefore, the EPA 
generated compound-specific Fr values based on the revised Henry's law 
constants for each of the compounds listed in table 9 of subpart G. 
Additionally, the EPA has revised the proposed compliance option that 
required compounds listed on table 9 of subpart G to meet the target 
removal efficiencies that were associated with the strippability 
groups. The compliance option in the final rule requires that the owner 
or operator treat compounds to meet their individual Fr's, which are 
assigned in table 9 of subpart G.
    c. Emission estimates--(i) Wastewater models. For the final rule, 
the EPA has revised the emission models for lift stations, junction 
boxes, open sumps, trapped drains, and weirs using a study provided by 
one commenter, in which the emissions of organic HAP's were measured. 
The EPA reviewed the information and determined that the report and 
source data were appropriate to use to improve the emission models. The 
air emission model for weirs was modified to account for gas-phase 
resistance. These revised models also incorporate an approach for 
modeling site-specific configurations of lift stations, junction boxes, 
sumps, drains, and weirs that are currently used by the SOCMI. The 
models used to calculate the Fe's are described in ``Estimation of Air 
Emission Factors from Airflow in Wastewater Collection Systems,'' 
November 30, 1993.
    (ii) Collection and treatment scenarios. The EPA also revised the 
SOCMI source wastewater collection and treatment scenarios based on 
information provided by one commenter, EPA staff observations, and 
State and EPA environmental regulatory enforcement representatives from 
Texas, Louisiana, and New Jersey. Several commenters stated that 
baseline emission estimates should be revised based on emission data 
and SOCMI source scenarios that were submitted to the EPA during the 
public comment period. The EPA considered and incorporated, where 
appropriate, data that were submitted by commenters.
    (iii) Fraction emitted (Fe) values. The revised Fe's in the final 
rule are based on two different wastewater collection and treatment 
system scenarios with three different levels of control, and with each 
control level weighted based on the expected level of occurrence. The 
three control levels and the corresponding fraction of occurrence are: 
(1) Uncontrolled = 0.50; (2) medium degree of control = 0.40; and (3) 
higher degree of control = 0.10. Values for Fe for individual compounds 
were calculated for each of the two scenarios and the control 
distributions summarized above. The resulting two control weighted 
average Fe's for each individual compound (one for each scenario) were 
averaged together, resulting in the final Fe values. This procedure is 
described in detail in the memorandum, ``Estimation of Air Emissions 
from Model Wastewater Collection and Treatment Plants Systems,'' 
February 2, 1994.
    The EPA used revised scenarios and emission models in conjunction 
with the revised Henry's law constants to revise the Fe values for each 
compound listed on table 9. The EPA used the revised Fe values to 
calculate the baseline emission estimates for the final rule and to re-
evaluate which organic HAP's should be subject to the wastewater 
provisions of the HON. Based on the revised Fe's, the EPA has deleted 
seven compounds from the final rule. Each of these compounds is 
unlikely to be emitted in significant quantities from the collection 
system (due to the low Fe value) and will be readily biodegraded upon 
reaching the biological treatment unit.
    Several commenters stated that some of the HAP's regulated by the 
proposed HON are non-volatile or semi-volatile, are not likely to be 
emitted from wastewater, and should be deleted. Based on the revised Fe 
values, the EPA has removed the following seven compounds from the 
wastewater provisions of the final rule: Aniline (62533); 2-
chloroacetophenone (532274); o-cresol (95487); 3,3-dimethylbenzidine 
(119937); diethylene glycol diethyl ether (112367); diethylene glycol 
dimethyl ether (111966); and ethylene glycol monoethyl ether acetate 
(111159). An increase in baseline emission estimates for wastewater of 
9 percent resulted from the emission estimate revisions. The primary 
reasons for the change were:
    (1) Revised Henry's law constants;
    (2) Revised wastewater emission models for lift stations, junction 
boxes, open sumps, and open drains; and
    (3) Revised scenarios and Fe values.
    d. Wastewater tanks. In the final rule, the EPA requires any owner 
or operator of a SOCMI source who is subject to the wastewater tank 
provisions in Sec. 63.133 of subpart G to calculate the vapor pressure 
and the capacity of the tank in order to determine the applicable 
compliance options. The proposed rule did not require the owner or 
operator to determine the vapor pressure or the tank capacity, but 
rather required the same compliance options for wastewater tanks 
regardless of size and vapor pressure.
    Several commenters requested the following changes to the proposed 
wastewater tank provisions including:
    (1) That wastewater tanks be managed in accordance with the 
proposed storage vessel provisions;
    (2) That wastewater tank requirements be based on the partial 
pressure of the liquid in the tank;
    (3) That wastewater tank requirements be based on the capacity of 
the tank; and
    (4) That wastewater tanks operated under negative pressure be 
exempt from using Method 21 for leak detection.
    In response to comments, the EPA has incorporated several changes 
to the wastewater tank provisions. The EPA continues to require 
emission controls on all wastewater tanks that manage Group 1 
wastewater streams or residuals generated from Group 1 wastewater 
streams. However, the EPA has included capacity and maximum partial 
vapor pressure thresholds that are consistent with those of the storage 
vessel provisions. The EPA also is allowing the owner or operator to 
demonstrate compliance with the wastewater tank provisions by 
installing only a fixed roof if the tank meets any of the following 
criteria: (1) Is less than 75 m\3\; (2) is greater than or equal to 75 
m\3\ and less than 151 m\3\ and has a maximum true vapor pressure less 
than 13 kPa; or (3) is greater than or equal to 151 m\3\ and has a 
maximum true vapor pressure less than 5.2 kPa. The EPA has determined 
that a fixed roof is sufficient to suppress emissions from any 
wastewater tank that meets the preceding criteria. In addition, the EPA 
has dropped the requirement for annual Method 21 inspections on 
wastewater tanks. In the final rule, Method 21 inspections are required 
initially and annual visual inspections are required. Furthermore, the 
EPA has added a provision to the final rule which states that any 
wastewater tank operated and maintained under negative pressure is not 
required to comply with the requirements for leak detection by Method 
21 of 40 CFR part 60, appendix A because it cannot emit.
    e. Containers. In the final rule, the EPA has included a de minimis 
capacity of 0.1 m\3\ (i.e., approximately 26.4 gal) in the definition 
of container, below which the container is not subject to the HON. For 
the purpose of monitoring and submerged filling, the EPA distinguishes 
between containers that are less than or equal to 0.42 m\3\ (i.e., 
approximately 110 gal) and those that exceed 0.42 m\3\. Furthermore, 
the EPA has changed the requirements for a submerged fill pipe. In the 
final rule, a submerged fill pipe outlet shall extend to no more than 6 
inches or within two fill pipe diameters of the bottom of the container 
while the container is being filled. Submerged filling is not required 
for containers with capacities less than or equal to 0.42 cubic meters.
    The proposed rule did not distinguish between container capacities. 
All containers regardless of size were required to meet the same 
requirements. The EPA received comments in favor of changing the 
monitoring requirements and establishing a de minimis container size. 
Specifically, commenters asserted that the HON should not apply to 
either very small containers which include lab sample bottles or 
containers with small capacities such as 30 gallons or 55 gallons. 
Commenters also claimed that the requirement to use Method 21 for 
containers, particularly those that are on site for a short time, would 
be burdensome.
    In response to comments, the EPA has established a de minimis 
capacity of 0.1 m\3\, which exempts lab bottles and other very small 
containers from the HON. The EPA has also provided an additional 
compliance option for leak detection monitoring for containers with 
capacities less than or equal to 0.42 m\3\. If a container has a 
capacity less than or equal to 0.42 m\3\, the owner or operator may 
either: (1) Use Method 21 initially to demonstrate that the container 
is not leaking; or (2) document that the container meets DOT 
specifications and testing requirements in 49 CFR part 178. The EPA has 
determined that if an owner or operator is in compliance with the DOT 
specifications and testing requirements in 49 CFR part 178, no 
additional requirements are necessary to ensure that the containers do 
not leak. The owner or operator must maintain records documenting the 
Method 21 test for non-DOT containers. For DOT-approved containers, the 
owner or operator does not need to keep a record because compliance may 
be determined by a visual inspection.
    The EPA also has reduced the monitoring burden for larger 
containers with a capacity greater than 0.42 m\3\. Whereas the proposed 
rule specified the use of Method 21 initially and annually, the final 
rule requires the use of Method 21 initially and allows annual visual 
inspections thereafter.
    f. Method 304 and method 305. No major changes have been made to 
Method 304. However, the EPA has included both Method 304A and 304B in 
the final rule. Commenters requested that Method 304 allow more 
flexibility in choice of laboratory equipment, clarifier design, and 
some operating parameters. The EPA agreed with the commenters and has 
added options to increase the flexibility of the method, such as 
allowing air cylinders in addition to oxygen cylinders to aerate the 
microbial population. The additional flexibility added to the method 
does not reduce the accuracy or precision of the method results and 
could in some cases improve the results by better representing the 
actual biological treatment process. Changes made to the final Methods 
304A and 304B are in section 4.0 of BID volume 2E.
    Several commenters misunderstood the requirements of Method 305. 
The EPA discusses clarifications to the method in volume 2B of the BID. 
One commenter questioned why the EPA developed Method 305 when other 
methods, such as the 600 series for water and wastewater, were 
available. Another commenter was concerned whether the test method 
results are realistic.
    To determine the significance of HAP emissions from wastewater, it 
is more important to know how likely a HAP is to leave the wastewater 
and go into the atmosphere than to know the actual concentration of the 
HAP in the wastewater. The EPA developed Method 305 to provide a 
relative measure of the emission potential of wastewater. Other methods 
measure the actual concentration of pollutants; no other methods define 
the relative measure of emission potential. Although the results of 
Method 305 do not necessarily represent the actual pollutant 
concentration in wastewater, the test method results are realistic--the 
results measure the relative emission potential. The parameters of the 
test method were chosen to define emission potential based on 
mathematical modeling of actual data collected from various sources 
throughout the country. In addition, the regulation requires that 
concentration be reported in terms of Method 305 results; it does not 
require the owner or operator to use Method 305. The owner or operator 
may use any method that has been validated by section 5.1 or 5.3 of 
Method 301 and converted to Method 305 results using the appropriate 
Fm factor.
    g. Water seal controls. The EPA revised the requirements for water 
seals. In Sec. 63.137(e) of the final wastewater provisions if a water 
seal is used on a drain hub receiving a Group 1 wastewater stream, the 
owner or operator shall either extend the drain pipe discharging the 
wastewater below the liquid surface in the water seal, or install a 
flexible cap (or other enclosure which restricts wind motion) that 
encloses the space between the drain discharging the wastewater to the 
drain hub receiving the wastewater.

VI. Summary of Significant Comments and Changes To Proposed Subpart 
H

    Approximately 60 letters commenting on proposed subpart H were 
received; most of these letters contained multiple comments. The EPA's 
responses to these comments can be found in the BID referenced in the 
ADDRESSES listing in this preamble. The most significant comments and 
responses for the equipment leak standard (subpart H) are summarized in 
this section of the preamble.

A. Applicability

1. SOCMI Processes
    Many commenters requested that EPA make the list of SOCMI processes 
in subpart H consistent with the list in subpart F and that the EPA 
correct errors in nomenclature and CAS numbers provided. Some of these 
commenters also recommended consolidation of all the applicability 
provisions for SOCMI processes in subpart F. As discussed in section 
V.A.1 of this preamble, the lists of SOCMI processes have been 
consolidated into a single list in subpart F and errors in CAS numbers 
have been corrected. The revised subpart F presents all the criteria 
for determining applicability of the HON for SOCMI processes. The EPA 
believes this revised organization will be easier and more efficient to 
use.
2. The Seven Non-SOCMI Processes
    At proposal, the provisions of subpart H applied to both SOCMI 
processes and to equipment handling specific chemicals for seven listed 
non-SOCMI processes. Subparts F and H in the proposed rule presented 
the applicability provisions for both SOCMI and non-SOCMI processes. In 
the final rule, the applicability provisions for the non-SOCMI 
processes are presented in a separate subpart, subpart I, from the 
SOCMI applicability provisions which are specified in subpart F. 
Subpart I identifies the specific non-SOCMI processes that are subject 
to the provisions of subpart H. In addition, subpart I presents 
definitions and general information on compliance, reporting, and 
recordkeeping.
    a. Separate from SOCMI category. A number of commenters thought 
that the non-SOCMI processes subject to subpart H should be regulated 
separately from the SOCMI processes. These commenters thought that 
combining the non-SOCMI processes in a standard for SOCMI processes 
could result in piecemeal regulation, overlapping section 112(d) 
regulations, and confusion for regulatory agencies. A few of these 
commenters also argued that regulation of the non-SOCMI processes 
should be deferred until the rest of the section 112(d) emission 
standard is issued for each specific non-SOCMI process.
    The EPA agrees with the commenters' suggestions for reorganization 
of the regulatory provisions into separate subparts. The applicability 
provisions for the non-SOCMI processes have been placed in subpart I. 
Subpart I refers to subpart H for the substantive requirements. As 
discussed in section VI.A.2.b through e of this preamble and in the 
BID, subpart I contains revised definitions for some of the non-SOCMI 
processes. The definitions were revised to specifically identify the 
intended processes and to directly correspond to the categories listed 
in the source category list (57 FR 31576). The EPA expects that these 
changes will minimize the possibility for confusion and development of 
overlapping regulations. The EPA does not agree with the suggestion to 
defer the applicability of the equipment leak standard to the non-SOCMI 
processes until requirements for the other emission points are issued. 
This change suggested by the commenters is not consistent with the 
spirit of the negotiated agreement.
    b. Chlorine production. Under the negotiated agreement, chlorine 
production processes that used carbon tetrachloride as a diluent for 
nitrogen trichloride or as scrubbing liquid to recover chlorine from 
the liquefaction of tail gas would implement the equipment leak 
provisions for equipment in 5 percent, or greater, carbon tetrachloride 
service. At the Fourth Meeting of the Parties to the Montreal Protocol 
in November 1992, the United States Government and the Other Parties 
agreed to accelerate the phase-out schedule for carbon tetrachloride by 
requiring a reduction from 1989 levels of 85 percent in 1995 and a 
complete phase-out by January 1, 1996. Because of this development, 
chlorine producers will cease use of carbon tetrachloride by January 1, 
1996. Therefore, several commenters questioned the value of continued 
application of subpart H to chlorine production processes.
    The EPA agrees that the reasons for application of the negotiated 
equipment leak rule to chlorine production processes have significantly 
diminished and will disappear entirely in the next 2 years. Therefore, 
to avoid essentially duplicative regulation of the same operations, 
chlorine production has been removed from the list of seven additional 
processes subject to subpart H.
    c. Pesticide production. One commenter argued that the proposed 
definition of ``pesticide production'' defines a source category that 
is broader than any category in the agricultural chemical production 
industry grouping identified in the List of Source Categories (57 FR 
31576), or in the proposed Schedule for Promulgation of Emission 
Standards (57 FR 44147). The commenter noted that only the production 
of Captafol, Captan, Chlorothalonil, Dacthal(tm), and Tordon(tm) were 
listed in 57 FR 31576 or 57 FR 44147 as being specifically regulated by 
the HON equipment leak standard. The commenter argued that if EPA wants 
to update the source category list, EPA must comply with statutory 
requirements to include only categories of major sources and area 
sources where a finding of adverse health effects has been made. The 
commenter recommended that the definition of pesticide production in 
subpart H be modified to regulate equipment leaks only from the 
production of Captafol, Captan, Chlorothalonil, DacthalTM, and 
TordonTM.
    The definition for pesticide production in proposed subpart H was 
developed in the regulatory negotiation before creation of the source 
category list. The source category list and schedule (57 FR 31576 and 
57 FR 44147) identifies the pesticide production processes that EPA had 
information on at the time of the negotiations on the equipment leak 
standard. Therefore, subpart H is being applied only to the five 
production processes identified in the source category list (production 
of Captafol, Captan, Chlorothalonil, DacthalTM, and 
TordonTM). As EPA obtains information on other pesticide 
processes, these processes will be added to the source category list in 
the future and standards will be developed.
    d. Chlorinated hydrocarbon use. Numerous inquiries have been 
received from members of the public questioning whether, through the 
``chlorinated hydrocarbon use category'' in subpart H, the EPA intended 
subpart H to apply to all operations that use chlorinated organic 
solvents. A few written comments were also received requesting 
clarification that this definition applied to production operations 
only.
    The term ``chlorinated hydrocarbon use'' was a label created in the 
regulatory negotiation to refer to a number of specific miscellaneous 
chemical manufacturing processes that used chlorinated solvents as a 
solvent or processing aid. Examples of the specific processes included 
under this term are production of polycarbonate and production of 
polysulfide rubber. The provisions of subpart H were intended to apply 
only to the specific types of processes listed in the definition and 
not to all use of chlorinated organic solvents. Because of the 
confusion created by the label applied to these processes, the final 
rule does not use the term chlorinated hydrocarbon use. Instead, 
subpart I specifically identifies the processes subject to subpart H.
    e. Miscellaneous butadiene use. Comments were received requesting 
that the definition of this term clarify that these are processes 
producing chemicals or chemical products.
    The EPA agrees that ``miscellaneous butadiene use'' refers to a 
number of miscellaneous chemical manufacturing processes that use 
butadiene to produce other chemicals or chemical products. To eliminate 
the possibility of confusion regarding the applicability, subpart I 
lists the specific processes subject to H and the term ``miscellaneous 
butadiene use'' is not used in the final rule.

B. Compliance Schedule

 1. Consistency with Subpart G
    Unlike most standards, compliance with the provisions of subpart H 
is phased in by type of chemical manufacturing process. The proposed 
subpart H divided the regulated processes into five distinct groups to 
which the provisions would apply beginning 6 months after publication 
of the final rule in the Federal Register. Thereafter, the rule would 
apply to another group of processes every 3 months. The final rule for 
subpart H uses the same approach. In the proposed and final provisions 
in subpart G, sources are required to comply by 3 years from date of 
publication of the final rule in the Federal Register.
    Many commenters requested a compliance schedule for subpart H 
similar to the 3-year schedule provided under subpart G. Several 
commenters argued that the 6-to-18-month compliance period in proposed 
subpart H did not take into consideration the implementation problems 
that could arise during installation of required equipment. A few 
commenters thought that proposed subpart H did not permit applications 
for compliance extensions.
    The EPA does not agree with the commenters that sources should be 
allowed up to 3 years to comply with the provisions in subpart H. 
Subpart H consists of a combination of work practice requirements for 
many equipment components and equipment standards for compressors, 
sampling systems, open ended lines or valves, and pressure relief 
valves. Unlike the requirements in subpart G, the equipment required by 
subpart H should not involve long periods of time for design, 
construction, and installation. The commenters did not provide any 
information that would justify establishing a source-category-wide 
compliance schedule for subpart H similar to that provided for subpart 
G. The EPA recognizes that there may be circumstances present in 
individual facilities where an extension is appropriate for compliance 
with certain requirements in subpart H. In such cases, the owner or 
operator may request an extension of compliance through the provisions 
of 40 CFR 63.6(i)(4). Section 63.182(a)(6) has been added to subpart H 
to clarify that extensions of compliance may be requested if additional 
time is necessary for installation of equipment required by subpart H.
2. Phase-In of Valve Provisions
    The proposed standard for valves was structured to be implemented 
in three phases, with lower leak definitions in each phase. In the 
first and second phases of the proposed standard, monitoring was to be 
conducted quarterly. In the third phase of the proposed standard, the 
monitoring frequency would be determined by the percent leaking valves, 
with the best performers having an annual monitoring requirement. The 
final standard retains the phased-in implementation of the proposed 
standard and the proposed monitoring frequencies.
    Many commenters requested that the rule be modified to allow 
facilities to begin Phase III of the valve provisions on the 
applicability date. Some of these commenters thought facilities that 
qualify for reduced monitoring frequency should be allowed to do so at 
the earliest possible date. Other commenters thought the rule should 
allow the owner or operator to elect the monitoring frequency based on 
the source's current status since records may not have been retained. 
The commenters submitted that disallowing early adoption of Phase III 
would penalize facilities that have implemented the proposed rule 
before required or that have established low leak rates through 
existing programs.
    The EPA agrees that the final rule should allow owners or operators 
the flexibility to initiate Phase III at any time, and it was intended 
that this option would be available. Subpart H has been revised to 
clarify this point. This clarification does not, however, allow an 
owner or operator to elect to use reduced monitoring frequencies 
without Method 21 data to document achievement of lower leak rates for 
the required periods.

C. Selection of Requirements

 1. Closed Vent Systems and Control Devices
    At proposal, both subparts G and H contained requirements for 
monitoring inspections of closed vent systems. In the final rule, the 
inconsistencies between the proposed provisions in subparts G and H 
have been eliminated and the two sets of provisions have been 
coordinated. The final subparts G and H each include provisions for 
closed vent systems.
    Several commenters recommended that all provisions for closed vent 
systems be consolidated in subpart H and all inconsistencies 
eliminated. These commenters speculated that different provisions for 
closed vent systems serving different operations would increase 
confusion, recordkeeping costs, and potential for recordkeeping 
violations. Some of these commenters questioned the basis for treating 
valves, connectors, and compressors in closed vent systems separately 
from the same equipment in the process. The commenters noted that the 
equipment is either in low pressure or vacuum service and the annual 
inspection requirements are of no environmental benefit.
    The EPA evaluated the commenters' suggestions and agrees that it 
would be appropriate to have a consistent set of provisions for closed 
vent systems in the rule. A uniform set of provisions for closed vent 
systems will benefit both State and Federal enforcement programs and 
industry by both reducing review time and complexity of record systems. 
Because subpart G also included requirements for inspections of 
equipment other than closed vent systems, the closed vent system 
provisions in subpart G were not consolidated into subpart H.
    The EPA also reevaluated the provisions requiring annual Method 21 
monitoring of closed vent systems. Closed vent systems in chemical 
plants and refineries are constructed of piping and connections and are 
operated at low pressures or under vacuum. An assessment of recent data 
and experience from implementation of existing standards under 40 CFR 
part 60 and part 61 showed that only rarely are leaking connectors and 
other equipment identified through the annual Method 21 inspections of 
closed-vent systems. As discussed in the preamble to the proposed rule 
(57 FR 62666 and 57 FR 62676), connectors have very low leak 
frequencies and once leak-tight they remain leak-tight. Consequently, 
the final rule only requires an initial Method 21 demonstration that 
all connections and other equipment in closed vent systems are operated 
with instrument readings less than 500 ppm and annual inspections for 
indications of leaks (visual, olfactory, or audible). The EPA believes 
that this requirement along with the requirement for flow indicators or 
car seals on by-pass lines that could divert emissions from the control 
device to the atmosphere will ensure emissions are controlled as 
required.
    The EPA would like to clarify that the provisions for inspections 
of closed vent systems do not apply if the closed vent system is 
operated in vacuum service. The closed vent systems provisions in 
section 63.148 of subpart G and section 63.172 of subpart H have been 
revised to clarify that these provisions do not apply if the system is 
operated under vacuum.
2. Inaccessible Connectors
    Proposed subpart H excluded connectors that ``were unable to be 
reached from a 7.6-meter (25-foot) portable scaffold on the ground, and 
were greater than 2 meters above a support surface'' from the 
monitoring provisions. In the final rule, EPA has revised this 
definition to reflect concerns with safety of monitoring connectors 
accessible only via portable scaffolds and to clarify the original 
intent.
    Several commenters requested that the definition of inaccessible 
connectors be revised to be any that are greater than 2 meters above a 
support surface and, thus, the same as the difficult-to-monitor valve 
definition. The commenters objected that portable scaffolds presented 
safety and practical concerns due to limitations on access due to 
equipment spacing, explosion hazards, and risks of damaging electrical 
cables and piping.
    During the Committee discussions in negotiation of these 
provisions, the portable scaffolding envisioned was a wheeled scissor-
lift platform that would sit on the ground below the monitoring or 
repair location. Portable scaffolding was not envisioned as including 
field-erected scaffolding or movement over grassed or unstable stone 
covered areas below pipelines because of concerns these operations 
would endanger the monitoring personnel's lives. Because the proposed 
rule's language was not clear on this point, the EPA agrees that 
clarification of the term ``portable scaffold'' is warranted. A 
definition has been added to the final rule. The EPA believes that 
clarifications in subpart F to the definition of production process 
should also address commenters' concerns regarding monitoring 
connectors in interunit pipelines.
3. Response Factor Adjustments
    The proposed standard required correction of the Method 21 
instrument readings if the response factor for the process fluid was 3 
or greater, and documentation of the response factor for every process 
stream subject to the standard. The proposed standard also specified 
the use of methane as the sole reference gas for the response factors. 
The final standard retains the use of methane as the sole basis for 
response factors, but revises the requirements for response factor 
adjustment to ensure the instrument meets specifications of Method 21. 
The final standard, thus, does not require process stream response 
factor adjustments.
    Several commenters objected to the proposed requirement to 
determine response factors for process streams arguing that most 
factors are less than 3, the difference in number of leaks detected 
will be small, and the program complication will be immense. Another 
issue with the proposed requirement was that the equation for 
calculating response factors of mixtures was applicable only to gas 
mixtures. For mixtures of liquids, the equation would have to be 
adjusted by the vapor pressure of each component. A number of 
commenters were also concerned that the stipulation of methane as the 
sole reference gas would preclude the use of some monitoring 
instruments.
    As discussed in the proposed notice (57 FR 62682), the Committee 
decided to limit the acceptable range of response factors to ensure 
that the effect of the standard could not be significantly altered by 
the monitoring instrument used or by the composition of streams 
monitored. At the time of the negotiations, few response factors at 500 
ppm were available and it was believed that most SOCMI processes would 
have no more than four to five compounds present in any given stream. 
Based on these assumptions, the Committee thought that the requirement 
to correct any response factors greater than 3 would not impose 
unproductive costs or be especially burdensome.
    The EPA reevaluated this proposed requirement in light of the 
public comments and the experience gained by chemical plants that have 
implemented the negotiated rule. Experience with the correction for 
response factors has shown the proposed provisions to be significantly 
more burdensome than originally anticipated. Specifically, several 
facilities have reported that instead of quantifying 4 to 5 compounds 
in some streams, they are quantifying 50 to 100 compounds. In some 
cases, owners or operators have elected to correct all instrument 
readings by the highest response factor for any compound in the process 
rather than undertake the effort associated with the stream specific 
corrections.
    The EPA also reviewed the reasons the Committee originally 
considered requiring adjustment of screening values by response 
factors. The response factor adjustment originated in Committee 
discussions on studies to improve the emission estimates. (Response 
factors are used to correct instrument readings to indicate actual 
concentrations for developing emission estimates.) The appropriateness 
of adjusting screening values in the leak detection and repair 
provisions was not considered. These adjustments will not change the 
emission reductions achieved from implementing the standard. Therefore, 
EPA believes that eliminating this provision does not change the effect 
of the standard and preserves the Committee's intent of minimizing 
unproductive effort.
    The final standard requires the owner or operator to use a 
monitoring instrument that meets the specifications of Method 21 of 
appendix A of 40 CFR part 60. The proposed provisions in 
Sec. 63.180(b)(6) have been removed from the standard. It has been 
clarified that the leak definitions are expressed in terms of total 
VOC, and not speciated concentration readings.
    A number of commenters also objected to the specification of 
methane as the calibration gas for the Method 21 monitoring. These 
commenters were concerned that this specification precluded the use of 
photoionization detectors and recommended the rule allow use of 
calibration gas best suited to the detector.
    The provisions in Sec. 63.180(b)(4) designate methane as the 
calibration gas to identify methane as the sole reference gas for 
calculation of response factors. If an instrument has a poor response 
or no response to methane, a calibration gas other than methane may be 
used. In cases where the instrument's response factor is greater than 
10, the instrument readings must be converted to a methane basis as 
described in section 3.2 of Method 21. Section 63.180(b)(4) has been 
clarified on this point.

D. Recordkeeping and Reporting

1. Consistency With Subpart G and General Provisions Reporting 
Requirements
    Proposed subpart H required owners or operators of sources to 
submit an initial report and semiannual reports thereafter. The initial 
reports were to be submitted within 90 days of the applicability date 
for each group of chemical production processes. In the final rule, the 
system of reports in subpart H has been revised to be compatible with 
the five-report system of subpart G, and the relationship of the 
general provisions to subpart H has been clarified.
    Several commenters suggested that subpart H use a system of reports 
similar to that specified in subpart G and that the final standard 
should provide a means to coordinate reporting for processes in 
different applicability groups. The commenters urged EPA to make these 
changes to facilitate management and enforcement of the provisions. A 
few commenters questioned the need for semiannual reporting when 70 to 
95 percent of the components at a facility would be monitored on an 
annual basis. Additionally, the need for certain reports was questioned 
by several commenters.
    The EPA agrees that, to the extent possible, reporting requirements 
for subpart H should be consistent with those of subpart G. A 
consistent system will, as noted by the commenters, make management of 
the program easier for the permit authority as well as the source. As 
proposed, an owner or operator of a source with processes in each of 
the five applicability groups could be required to submit as many as 
eight reports each year. Therefore, to streamline reporting 
requirements and minimize potential confusion, the following changes 
have been made to the proposed requirements:
    (1) Submit the compliance notification report no later than 90 days 
after the applicability date for the group of chemical processes and 
the periodic reports every 6 months thereafter;
    (2) Allow the source to adjust the reporting schedule to combine 
the periodic reports for subpart H with those for subpart G once the 
source comes into compliance with the provisions in subpart G; and
    (3) Consolidation of several special reports into the periodic 
report.
    The final standard does not allow annual reporting as requested by 
several commenters. Although many components may be monitored on an 
annual basis, the monitoring frequency for pumps and agitators is 
monthly and annual reporting would not be consistent with the reporting 
system in subpart G. The operating permit provisions of the Act, 
section 504(a), also requires reporting to be at least semiannual. 
Additionally, unless all units at a source are on the same monitoring 
schedule, the source would have to submit multiple annual reports. The 
EPA believes that consolidating the reporting into semiannual reports 
for G and H is more efficient for both industry and enforcement 
agencies.
2. Burden of Recordkeeping and Reporting Requirements
    The vast majority of the comments received on proposed subpart H 
concerned the burden of the recordkeeping and reporting requirements. 
Some commenters argued that the proposed subpart H would require from 
1.5 to 2.5 person-years effort for the initial report and from 1 to 1.5 
person-years effort for subsequent reports. These commenters thought 
that the proposed requirements were not necessary to ensure 
enforceability of or compliance with the provisions. Many comments were 
received regarding documentation of equipment not subject to the 
provisions, compatibility with computerized systems, and duplicative 
records and reports. The detailed summary of these comments and EPA's 
response is provided in chapter 5 of promulgation BID volume 2A.
    In light of these comments, EPA reevaluated the proposed 
requirements to ensure that only those records and reports essential 
for enforcement of the standard are required. This review showed that 
some of the commenters' concerns arose from a lack of clarity in the 
proposed standard regarding actual records required for some of the 
provisions and other concerns arose from overlapping or duplicative 
requirements. It was also determined that some provisions should be 
redrafted to be compatible with computerized data management systems 
and the revised provisions would still provide the information 
necessary to demonstrate compliance. Examples of such changes include: 
allowing a source to maintain on file a written procedure outlining the 
conditions for delay of repair and requiring certain records only for 
nonautomated systems. The EPA also reviewed the proposed standard to 
identify implied recordkeeping requirements and to specify all the 
required records in Sec. 63.181.

VII. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow the public to 
readily identify and locate documents so that they can effectively 
participate in the rulemaking process. Along with the statement of 
basis and purpose of the proposed and promulgated standards and the 
EPA's responses to significant comments, the contents of the docket, 
except for interagency review materials, will serve as the record in 
case of judicial review [section 307(d)(7)(A)].

B. Executive Order 12866

    This regulation has been reviewed in accordance with Executive 
Order 12866. Under the terms of the Order, the Administrator has 
assessed the potential costs and benefits of this regulatory action. 
The methods for and results of these cost and benefit analyses are 
described in the HON's Regulatory Impact Analysis (RIA). The RIA was 
included in the HON docket at proposal, and thus it was made available 
for public comment.
    Executive Order 12866 also requires that the record for 
``significant'' rules include an assessment of the potentially 
effective and reasonably feasible alternatives to the planned action. 
The potentially effective and reasonably feasible alternatives to the 
control requirements in the HON were also analyzed as part of the rule 
development process. The methods for and results of these analyses are 
described in the HON's Background Information Document (BID). The BID 
was included in the HON docket at proposal, and thus it was also 
available for public comment. In addition, many of the alternative 
requirements considered by the Administrator were described in the 
preamble for the HON proposal.
    The potential costs associated with alternatives selected by the 
Administrator for this rule are primarily the result of statutory 
requirements. All elements of the cost that are not directly 
attributable to statutory requirements were deemed appropriate because 
the Administrator determined that they were necessary for administering 
this program effectively and efficiently. In assessing the potential 
costs and benefits--both quantitative and qualitative--of this rule, 
the Administrator has determined that the benefits justify the costs. 
Burdens specifically associated with information collection 
requirements are identified and explained in the next section of this 
preamble under the heading Paperwork Reduction Act of 1980.
    The Administrator has also determined that this regulatory action 
does not unduly interfere with State, local and tribal governments in 
the exercise of their governmental functions.

C. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An Information Collection Request document has been 
prepared by the EPA (ICR No. 1414.02), and a copy may be obtained from 
Sandy Farmer, Information Policy Branch, EPA, 401 M Street, SW. (2136), 
Washington, DC 20460, or by calling (202) 260-2740. These requirements 
are not effective until OMB approves them and a technical amendment to 
that effect is published in the Federal Register.
    This collection of information has an estimated reporting burden 
averaging 1,400 hours per response, and an estimated annual 
recordkeeping burden averaging 5,400 hours per respondent. These 
estimates include time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and completing 
and reviewing the collection of information.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to Chief, Information Policy Branch, EPA, 401 M Street, SW., 
(Mail code 2136); Washington, DC 20460; and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires EPA 
to consider potential impacts of proposed regulations on small 
``entities.'' If a preliminary analysis indicates that a proposed 
regulation would have a significant economic impact on 20 percent or 
more of small entities, then a regulatory flexibility analysis must be 
prepared.
    Regulatory impacts are considered significant if any of the 
following criteria are met:
    (1) Compliance increases annual production costs by more than 5 
percent, assuming costs are passed on to consumers;
    (2) Compliance costs as a percentage of sales for small entities 
are at least 10 percent more than compliance costs as a percentage of 
sales for large entities;
    (3) Capital costs of compliance represent a ``significant'' portion 
of capital available to small entities, considering internal cash flow 
plus external financial capabilities; or
    (4) Regulatory requirements are likely to result in closures of 
small entities.
    Firms in the chemical industry are classified as small by the Small 
Business Administration (SBA) if employment is less than 500 to less 
than 1,000 employees depending on the particular Standard Industrial 
Classification (SIC) of the firm. The firms classified as small by this 
definition are only small in a relative way because an average firm 
with 500 employees in the SOCMI industry has an average sales of over 
$180 million.
    Of the 66 firms analyzed in the economic impact analysis, only 10 
have fewer than 1,000 employees. Since these 10 are only 15 percent of 
the firms analyzed, they do not constitute a substantial number 
(usually 20 percent).
    The economic analysis also projected generally small impacts (87 
percent of the analyzed sample are projected to have output changes of 
less than 2 percent). Therefore, the standard is not expected to have a 
significant economic impact on a substantial number of small firms.
    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this rule will not have a significant economic impact on a 
substantial number of small business entities.

E. Review

    This regulation will be reviewed 9 years from the date of 
promulgation. This review will include an assessment of such factors as 
evaluation of the residual health risks, any overlap with other 
programs, the existence of alternative methods, enforceability, 
improvements in emission control technology and health data, and the 
recordkeeping and reporting requirements.

                      Table 1.--National Primary Air Pollution Impacts in the Fifth Yeara                       
----------------------------------------------------------------------------------------------------------------
                                                 Baseline emissions (Mg/           Emission reductions          
                                                          yr)            ---------------------------------------
               Emission points                 --------------------------          (Mg/yr)            Percent   
                                                                         ---------------------------------------
                                                    HAP          VOCb         HAP          VOCb      HAP    VOCb
----------------------------------------------------------------------------------------------------------------
Equipment leaks...............................       62,000       79,000       54,000       69,000     87     87
Process vents.................................      310,000      600,000      300,000      500,000     97     83
Storage vesselsc..............................       14,000       14,000        7,300        7,300     52     52
Wastewater collection and treatment operations      130,000      490,000      100,000      370,000     77     76
Transfer loading operations...................          900          900          500          500     56    56 
                                               -----------------------------------------------------------------
    Totalc....................................      520,000    1,200,000      460,000      950,000     88    79 
----------------------------------------------------------------------------------------------------------------
aThese numbers represent estimated values for the fifth year. Existing emission points contribute 84 percent of 
  the total emission reduction. Emission points associated with chemical manufacturing process equipment built  
  in the first 5 years of the standard contribute 16 percent of the total emission reduction.                   
bThe VOC estimates consist of the sum of the HAP estimates and the non-HAP VOC estimates.                       
cAs discussed in section III.B.3 of the preamble, the EPA has deferred the final decision regarding control of  
  medium-sized storage vessels at existing sources. Therefore, the emission reductions for storage vessels shown
  above, and consequently for the total, may be slightly overstated.                                            


   Table 2.--National CO and NOx Emissions Impacts in the Fifth Year    
------------------------------------------------------------------------
                                          Increase in CO    Increase in 
            Emission points               emissionsa (Mg/ NOx emissionsa
                                               yr)            (Mg/yr)   
------------------------------------------------------------------------
Equipment leaks.........................               0               0
Process ventsb..........................           1,600          16,000
Storage vessels.........................               0               0
Wastewater collection and treatment                                     
 operationsc............................             100             800
Transfer loading operationsb............               d               d
                                         -------------------------------
    Total...............................           1,700         17,000 
------------------------------------------------------------------------
aEmissions of these criteria pollutants are caused by operation of      
  control devices.                                                      
bEmissions result from the combustion of natural gas along with the     
  organic HAP emission streams in incinerators and flares.              
cEmissions result from the combustion of various fossil fuels to        
  generate steam for use in a steam stripper.                           
dEmissions are less than 5 Mg/yr.                                       


                                                   Table 3.--National Energy Impacts In The Fifth Year                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Increase in electricity   Increase in Natural gas      Increase in steam              Totald         
                                                        consumptiona              consumptionb             consumptionb,c      -------------------------
                Emission points                  ------------------------------------------------------------------------------                         
                                                   106 kw-hr/                                                                   103 BOE/yr        TJ    
                                                      yr        103 BOE/yr  109 Btu/yr    103 BOE/yr  109 Btu/yr    103 BOE/yr                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
Equipment leaks.................................            0            0            0            0            0            0            0            0
Process vents...................................          260          430        6,900        1,100            0            0        1,500        9,600
Storage vesselse................................           16           26            0            0            0            0           26          170
Wastewater collection and treatment.............           13           21            3          0.5        3,000          500          520        3,300
Transfer loading operations.....................            f            0           45            7            0            0            7           45
                                                 -------------------------------------------------------------------------------------------------------
    Totale......................................          290          480        6,900        1,100        3,000          500        2,100      13,000 
--------------------------------------------------------------------------------------------------------------------------------------------------------
aConversion to BOE assumed a power plant heat rate of 10,000 Btu/kw-hr, heating value for oil of 144,400 Btu/gal, and 42 gal/bbl.                       
bConversion to BOE assumed a heating value for oil of 144,400 Btu/gal and 42 gal/bbl.                                                                   
cSteam use is calculated by multiplying the total volume of wastewater (lpm) from new and existing sources by the steam to feed ratio in the steam      
  stripper (0.04) and assuming the steam stripper operates 351 days per year. It is assumed that the latent heat of the steam is 1131 Btu/lb and the    
  boiler has an efficiency of 80 percent (Memorandum from Kristine Pelt, Radian Corporation, to Mary Tom Kissell, EPA/SDB, ``Secondary Environmental    
  Impact Factors used in the Framework for Steam Stirpping Wastewater.'' February 1, 1994.)                                                             
dDue to rounding, column totals may be slightly different.                                                                                              
eAs discussed in section III.B.3 of this preamble, the EPA has deferred the final decision regarding control of medium-sized storage vessels at existing
  sources. Therefore, the energy impacts for storage vessels, and consequently for the total, may be slightly overstated.                               
fElectricity usage is less than 1 * 10\6\ kw-hr/yr.                                                                                                     


                           Table 4.--National Control Cost Impacts In The Fifth Year                            
----------------------------------------------------------------------------------------------------------------
                                                          Total                     Average HAP     Average VOC 
                                                         capital    Total annual       cost            cost     
                   Emission points                      costs (106  costs (106 $/ effectivenessa  effectivenessa
                                                           $)           yr)         ($/Mg HAP)      ($/Mg VOC)  
----------------------------------------------------------------------------------------------------------------
Equipment leaks......................................          120        (0.26)            (5)             (4) 
Process vents........................................          100        86                290             170 
Storage vesselsb.....................................           77        20              2,800           2,800 
Wastewater collection and treatment operations.......          140        50                490             130 
Transfer loading operations..........................           12         5             10,000          10,000 
                                                      ----------------------------------------------------------
    Totalb, c........................................          450       160                350            170  
----------------------------------------------------------------------------------------------------------------
aAverage cost-effectiveness values are determined by dividing total annual costs by total annual emissions      
  reduction.                                                                                                    
bAs discussed in section III.B.3 of the preamble, the EPA has deferred the final decision regarding control of  
  medium-sized storage vessels at existing sources. Therefore, the cost impacts associated with storage vessels,
  and consequently the total, may be slightly overstated.                                                       
cExcept for the Total Capital Costs column, the total figures do not include an element for equipment leaks     
  because the analysis of equipment leak requirements indicated a cost savings.                                 


   Table 5.--Summary of Characteristics of Emission Points Subject to   
                           Proposed Subpart G                           
------------------------------------------------------------------------
     Emission point        For existing sources       For new sources   
------------------------------------------------------------------------
Process vents..........  Vent streams from        Vent streams from     
                          continuous (non-batch)   continuous (non-     
                          process that:.           batch) process that: 
                         (1) contain 50 ppmw HAP's and     eq>50 ppmw HAP's and 
                         (2) have a flowrate 0.005 scmm and    0.005 scmm
                                                   and                  
                         (3) have a cost          (3) have a cost       
                          effectiveness $2,000/Mg             eq>$11,000/Mg.       
Storage tanksa.........  Storage vessels having:  Storage vessels       
                         (1) a capacity 75 m\3\ and <151     (1) a capacity 38 m\3\ and <151  
                          pressure 13.1 kilopascal; or   pressure 13.1 kilopascal;  
                          eq>151 m\3\ with a       or                   
                          vapor pressure 5.2 kilopascal        eq>151 m\3\ with a   
                                                   vapor pressure 0.7           
                                                   kilopascal.          
Transfer operations....  Transfer racks that      Same as existing      
                          load 0.65     source.              
                          million liters of HAP-                        
                          containing liquids                            
                          with a vapor pressure                         
                          10.3                               
                          kilopascal.                                   
Wastewater treatment     Wastewater streams       Wastewater streams    
 operationsb.             that:                    that:                
                         (1) contain a total      (1) have a flowrate   
                          VOHAP concentration of   10 lpm and
                          table 9 HAP's of 10,000 ppmw; or   concentration of     
                         (2) have a flowrate 10 lpm and        thn-eq>1,000 ppmw; or
                          contain a total VOHAP   (2) have a flowrate   
                          concentration of table   0.02 lpm  
                          9 HAP's of 1,000 ppmw            concentration of any 
                                                   table 8 HAP 10 ppmw.          
------------------------------------------------------------------------
aAs discussed in section III.B.3 of the preamble, the EPA has deferred  
  the final decision regarding control of medium-sized storage vessels  
  (i.e., 76 m\3\ and <151 m\3\). The applicability criteria  
  specified in this table represent option 1 in table 6.                
bWastewater treatment operations are exempt if the total source mass HAP
  flow rate from all of these streams, determined prior to exposure to  
  the atmosphere and prior to treatment, is less than 1 metric ton per  
  year.                                                                 


                   Table 6.--Control Alternatives for Existing Sources Subject to Subpart Ga                    
----------------------------------------------------------------------------------------------------------------
                                                   Emission     Percent                                         
      Kind of emission point          Control     reduction     emission   Cost $1,000/  Avg. $/Mg    Inc. $/Mg 
                                      option        Mg/yr      reduction       yr                               
----------------------------------------------------------------------------------------------------------------
Process ventsb....................            1      235,000           93       55,000          234  ...........
                                              2      236,000           93       58,000          245        1,800
                                              3      238,000           94       62,000          260        2,500
                                              4      239,000           94       66,000          276        3,900
                                              5      241,000           95       97,000          404       23,000
Wastewaterc.......................            0            0            0            0            0  ...........
                                              1       68,400           79       29,200          430          430
                                              2       69,100           80       32,100          470        4,300
                                              3       69,600           81       39,100          560       13,000
                                              4       73,100           85      123,000        1,700       24,000
Transferd.........................            1          360           65        3,100        8,700  ...........
                                              2          420           77        6,500       15,000       54,000
Storage: Smalle...................            1            0            0            0            0  ...........
                                              2          380           95       22,000       58,000       58,000
Storage: Mediumf,g................            1          370           72        2,400        6,600  ...........
                                              2          450           88        6,400       14,200       48,000
Storage: Largeh...................            1        2,000           19        5,300        2,600  ...........
                                              2        5,100           48       10,300        2,000        1,600
                                              3        8,900           84       25,300        2,800        3,900
                                              4        9,000           84       27,100        3,000      122,000
    Totali: Floorg................  ...........      238,000           68       66,000          280  ...........
      Selected optiong............  ...........      312,000           89      107,000          340          550
      Total controlg..............  ...........      324,000           92      282,000          870      14,600 
----------------------------------------------------------------------------------------------------------------
aThe impacts in this table are based on well-characterized chemical manufacturing processes and were estimated  
  using the model emission point approach described in Section V of the proposal (57 FR 62621-62622).           
bProcess vent options are:                                                                                      
1TRE = $1,500/Mg                                                                                                
2TRE = $2,000/Mg                                                                                                
3TRE = $3,000/Mg                                                                                                
4TRE = $5,000/Mg                                                                                                
5Control of all process vents.                                                                                  
cWastewater options are:                                                                                        
110 lpm and 1,000 ppm                                                                                           
25 lpm and 800 ppm                                                                                              
31 lpm and 500 ppm                                                                                              
4Control of all wastewater streams.                                                                             
dTransfer options are:                                                                                          
10.65 million liter and 10.3 kilopascal                                                                         
2Control of all transfer racks.                                                                                 
eSmall denotes storage vessels with capacity greater than or equal to 38 m3 (10,000 gal), but less than 75 m3   
  (20,000 gal). Option 1 is no control; and option 2 is control of all storage vessels.                         
fMedium denotes storage vessels with capacity greater than or equal to 75 m3 (20,000 gal), but less than 151 m3 
  (40,000 gal). Option 1 is 1.9 psia; and option 2 is control of all storage vessels.                           
gAs discussed in section III.B.3 of the preamble, the EPA has deferred the final decision regarding control of  
  medium-sized storage vessels at existing sources. Therefore, figures for emission reduction and cost may be   
  slightly overstated for storage vessels, and consequently for the totals.                                     
hLarge denotes storage vessels with capacity greater than or equal to 151 m3 (40,000 gal). Option 1 is 1.9 psia;
  option 2 is 0.75 psia; and option 3 is control of all storage vessels.                                        
iThese totals do not include control impacts for equipment leaks. The floor is represented by the first option  
  for each emission point, except storage.                                                                      


                     Table 7.--Control Alternatives for New Sources Subject to Subpart Ga,b                     
----------------------------------------------------------------------------------------------------------------
                                                   Emission     Percent                                         
      Kind of emission point          Control     reduction     emission   Cost $1,000/  Avg. $/Mg    Inc. $/Mg 
                                      option        Mg/yr      reduction       yr                               
----------------------------------------------------------------------------------------------------------------
Process Ventsc....................            1       46,000           95       14,000          300  ...........
                                              2       46,000           95       18,000          400       47,000
Wastewaterd.......................            1       10,300           63       10,000          975  ...........
                                              2       13,500           82       12,800          948          860
                                              3       13,900           85       23,500        1,690       28,000
Transfere.........................            1           68           65          590        8,700  ...........
                                              2           80           77        1,200       15,000       54,000
Storage...........................            1           64           86        1,800       28,400  ...........
Smallf............................            2           71           95        4,100       58,100      336,000
Storage...........................            1           70           72          450        6,400  ...........
Mediumg...........................            2           86           88        1,200       13,800       47,000
Storage...........................            1          970           48        1,600        1,600  ...........
Largeh............................            2        1,700           84        2,900        1,700        1,900
                                              3        1,700           84        3,200        1,900       89,000
    Totali: floor.................  ...........       57,500           86       28,400          490  ...........
      Selected option.............  ...........       61,400           92       32,500          530        1,100
      Total control...............  ...........       61,800           92       51,200          830      46,800 
----------------------------------------------------------------------------------------------------------------
aThe impacts in this table are based on well-characterized chemical manufacturing processes and were estimated  
  using the model emission point approach described in Section V of the proposal (57 FR 62621--62622).          
bEstimated control impacts for fifth year after promulgation of the HON based on an assumed industry growth of  
  3.5 percent each year.                                                                                        
cProcess vents options are:                                                                                     
1TRE = $11,000/Mg                                                                                               
2control of all process vents                                                                                   
dWastewater options are:                                                                                        
110 ppmw                                                                                                        
20.02 lpm and 10 ppmw                                                                                           
3control of all wastewater streams                                                                              
eNew and existing transfer options are the same.                                                                
fSmall denotes storage vessels with capacity greater than or equal to 38 m\3\ (10,000 gal), but less than 75    
  m\3\ (20,000 gal). Option 1 is 1.9 psia; and option 2 is control of all storage vessels.                      
gMedium denotes storage vessels with capacity greater than or equal to 75 m\3\ (20,000 gal), but less than 151  
  m\3\ (40,000 gal). Option 1 is 1.9 psia; and option 2 is control of all storage vessels.                      
hLarge denotes storage vessels with capacity greater than or equal to 151 m\3\ (40,000 gal). Option 1 is 0.75   
  psia; option 2 is 0.10 psia; and option 2 is control of all storage vessels.                                  
iThese totals do not include control impacts for equipment leaks. The floor is represented by option 1 for each 
  emission point.                                                                                               

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Dated: February 28, 1994.
Carol M. Browner,
The Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: Sections 101, 112, 114, 116, and 301 of the Clean Air 
Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104 
Stat. 2399).

    2. Section 63.14 is amended by adding paragraphs (b)(3) and (c) to 
read as follows:


Sec. 63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (3) ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. 63.111 of subpart G of 
this part.
    (c) The materials listed below are available for purchase from the 
American Petroleum Institute (API), 1220 L Street, NW., Washington, DC 
20005.
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111 
of subpart G of this part.
    (2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, 
Second Edition, October 1991, IBR approved for Sec. 63.150(g)(3)(i)(C) 
of subpart G of this part.
    3. Part 63 is amended by adding subparts F, G, H, and I, and adding 
and reserving subparts J and K to read as follows:
Subpart F--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
Secs.
63.100  Applicability and designation of source.
63.101  Definitions.
63.102  General standards.
63.103  General compliance, reporting, and recordkeeping provisions.
63.104  Heat exchange system requirements.
63.105  Maintenance wastewater requirements.
63.106  Delegation of authority.

Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry 
Chemicals

Table 2 to Subpart F--Organic Hazardous Air Pollutants

Table 3 to Subpart F--General Provisions Applicable to Supbarts F, G, 
and H

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants From Synthetic Organic Chemical Manufacturing Industry 
Process Vents, Storage Vessels, Transfer Operations, and Wastewater
Secs.
63.110  Applicability.
63.111  Definitions.
63.112  Emission standard.
63.113  Process vent provisions--reference control technology.
63.114  Process vent provisions--monitoring requirements.
63.115  Process vent provisions--methods and procedures for process 
vent group determination.
63.116  Process vent provisions--performance test methods and 
procedures to determine compliance.
63.117  Process vent provisions--reporting and recordkeeping 
requirements for group and TRE determinations and performance tests.
63.118  Process vent provisions--periodic reporting and 
recordkeeping requirements.
63.119  Storage vessel provisions--reference control technology.
63.120  Storage vessel provisions--procedures to determine 
compliance.
63.121  Storage vessel provisions--alternative means of emission 
limitation.
63.122  Storage vessel provisions--reporting.
63.123  Storage vessel provisions--recordkeeping.
63.124  [Reserved]
63.125  [Reserved]
63.126  Transfer operations provisions--reference control 
technology.
63.127  Transfer operations provisions--monitoring requirements.
63.128  Transfer operations provisions--test methods and procedures.
63.129  Transfer operations provisions--reporting and recordkeeping 
for performance tests and notification of compliance status.
63.130  Transfer operations provisions--periodic reporting and 
recordkeeping.
63.131  Process wastewater provisions--flow diagrams and tables.
63.132  Process wastewater provisions--general.
63.133  Process wastewater provisions--wastewater tanks.
63.134  Process wastewater provisions--surface impoundments.
63.135  Process wastewater provisions--containers.
63.136  Process wastewater provisions--individual drain systems.
63.137  Process wastewater provisions--oil-water separators.
63.138  Process wastewater provisions--treatment processes.
63.139  Process wastewater provisions--control devices.
63.140  Process wastewater provisions--delay of repair.
63.141  [Reserved]
63.142  [Reserved]
63.143  Process wastewater provisions--inspections and monitoring of 
operations.
63.144  Process wastewater provisions--test methods and procedures 
for applicability and Group 1/Group 2 determination.
63.145  Process wastewater provisions--test methods and procedures 
to determine compliance.
63.146  Process wastewater provisions--reporting.
63.147  Process wastewater provisions--recordkeeping.
63.148  Leak inspection provisions.
63.149  [Reserved]
63.150  Emissions averaging provisions.
63.151  Initial notification and implementation plan.
63.152  General reporting and continuous records.

Appendix to Subpart G--Tables and Figures

Subpart H--National Emission Standards for Organic Hazardous Air 
Pollutants for Equipment Leaks

Secs.
63.160  Applicability and designation of source.
63.161  Definitions.
63.162  Standards: General.
63.163  Standards: Pumps in light liquid service.
63.164  Standards: Compressors.
63.165  Standards: Pressure relief devices in gas/vapor service.
63.166  Standards: Sampling connection systems.
63.167  Standards: Open-ended valves or lines.
63.168  Standards: Valves in gas/vapor service and in light liquid 
service.
63.169  Standards: Pumps, valves, connectors, and agitators in heavy 
liquid service; instrumentation systems; and pressure relief devices 
in liquid service.
63.170  Standards: Surge control vessels and bottoms receivers.
63.171  Standards: Delay of repair.
63.172  Standards: Closed-vent systems and control devices.
63.173  Standards: Agitators in gas/vapor service and in light 
liquid service.
63.174  Standards: Connectors in gas/vapor service and in light 
liquid service.
63.175  Quality improvement program for valves.
63.176  Quality improvement program for pumps.
63.177  Alternative means of emission limitation: General.
63.178  Alternative means of emission limitation: Batch processes.
63.179  Alternative means of emission limitation: Enclosed-vented 
process units.
63.180  Test methods and procedures.
63.181  Recordkeeping requirements.
63.182  Reporting requirements.

Table 1 to Subpart H--Batch Processes

Subpart I--National Emission  Standards for Organic Hazardous Air 
Pollutants for Certain  Processes Subject to the Negotiated Regulation 
for Equipment Leaks

63.190  Applicability and designation of source.
63.191  Definitions.
63.192  Standard.
63.193  Delegation of authority.

Subpart J--[Reserved]

Subpart K--[Reserved]

Subpart F--National Emission Standards for Organic Hazardous Air 
Pollutants from the Synthetic Organic Chemical Manufacturing 
Industry.


Sec. 63.100  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, 
and other general provisions that are applicable to subparts G and H of 
this part.
    (b) Except as provided in paragraph (c) of this section, the 
provisions of subparts F, G, and H of this part apply to chemical 
manufacturing process units that meet all the criteria specified in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
    (1) Manufacture as a primary product one or more of the chemicals 
listed in table 1 of this subpart;
    (2) Use as a reactant or manufacture as a product, by-product, or 
co-product, one or more of the organic hazardous air pollutants listed 
in table 2 of this subpart; and
    (3) Are located at a plant site that is a major source as defined 
in section 112(a) of the Act.
    (c) The owner or operator of a chemical manufacturing process unit 
that meets the criteria specified in paragraphs (b)(1) and (b)(3) of 
this section but does not use as a reactant or manufacture as a 
product, by-product, or co-product any organic hazardous air pollutant 
listed in table 2 of this subpart shall comply only with the 
requirements of Sec. 63.103(e) of this subpart. To comply with this 
subpart, such chemical manufacturing process units shall not be 
required to comply with the provisions of subpart A of this part.
    (d) The primary product of a chemical manufacturing process unit 
shall be determined according to the procedures specified in paragraphs 
(d)(1), (d)(2), and (d)(3) of this section.
    (1) If a chemical manufacturing process unit produces more than one 
intended chemical product, the product with the greatest annual design 
capacity on a mass basis determines the primary product of the process.
    (2) If a chemical manufacturing process unit has two or more 
products that have the same maximum annual design capacity on a mass 
basis and if one of those chemicals is listed in table 1 of this 
subpart, then the listed chemical is considered the primary product and 
the chemical manufacturing process unit is subject to this subpart. If 
more than one of the products is listed in table 1 of this subpart, 
then the owner or operator may designate as the primary product any of 
the listed chemicals and the chemical manufacturing process unit is 
subject to this subpart.
    (3) For chemical manufacturing process units that are designed and 
operated as flexible operation units, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994 and for new sources based on 
the expected utilization for the first five years after initial start-
up.
    (i) If the predominant use of the flexible operation unit, as 
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, 
is to produce one or more chemicals listed in table 1 of this subpart, 
then the flexible operation unit shall be subject to the provisions of 
subparts F, G, and H of this part.
    (A) If the flexible operation unit produces one product for the 
greatest annual operating time, then that product shall represent the 
primary product of the flexible operation unit.
    (B) If the flexible operation unit produces multiple chemicals 
equally based on operating time, then the product with the greatest 
annual production on a mass basis shall represent the primary product 
of the flexible operation unit.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported in the Implementation Plan required 
by Sec. 63.151 (c), (d), and (e) of subpart G of this part or as part 
of an operating permit application.
    (e) The source to which this subpart applies is the collection of 
the process vents; storage vessels; transfer racks; wastewater and the 
associated treatment residuals; and pumps, compressors, agitators, 
pressure relief devices, sampling connection systems, open-ended valves 
or lines, valves, connectors, instrumentation systems, surge control 
vessels, and bottoms receivers that are associated with the chemical 
manufacturing process units that meet the criteria specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Subparts F and G of this part apply to emissions from process 
vents, storage vessels, transfer racks, and wastewater streams and 
associated treatment residuals within a source that is subject to this 
subpart.
    (2) Subparts F and H of this part apply to emissions from pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers, 
within a source that is subject to this subpart.
    (f) The source does not include the emission points listed in 
paragraphs (f)(1) through (f)(9) of this section. This subpart does not 
require emission points that are not included in the source to comply 
with the provisions of subpart A of this part.
    (1) Vents from chemical manufacturing process units that are 
designed and operated as batch operations;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (7) Loading racks, loading arms, or loading hoses that only 
transfer liquids containing organic hazardous air pollutants as 
impurities;
    (8) Loading racks, loading arms, or loading hoses that vapor 
balance during all loading operations; and
    (9) Equipment that is intended to operate in organic hazardous air 
pollutant service, as defined in Sec. 63.161 of subpart H of this part, 
for less than 300 hours during the calendar year.
    (g) The owner or operator shall follow the procedures specified in 
paragraphs (g)(1) and (g)(2) of this section to determine whether a 
storage vessel is part of the source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a chemical 
manufacturing process unit, the storage vessel shall be considered part 
of that chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the storage vessel is part of the source to which this 
subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the storage vessel is not part of the source to 
which this subpart applies.
    (2) If a storage vessel is not dedicated to a single chemical 
manufacturing process unit, then the applicability of subparts F and G 
of this part shall be determined according to the provisions in 
paragraphs (g)(2)(i) through (g)(2)(iv) of this section.
    (i) If a storage vessel is shared among chemical manufacturing 
process units and one of the process units has the predominant use, as 
determined by paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, 
then the storage vessel is part of that chemical manufacturing process 
unit.
    (A) If the greatest input into the storage vessel is from a 
chemical manufacturing process unit that is located on the same plant 
site, then that chemical manufacturing process unit has the predominant 
use.
    (B) If the greatest input into the storage vessel is provided from 
a chemical manufacturing process unit that is not located on the same 
plant site, then the predominant use is the chemical manufacturing 
process unit on the same plant site that receives the greatest amount 
of material from the storage vessel.
    (ii) If a storage vessel is shared among chemical manufacturing 
process units so that there is no single predominant use, and at least 
one of those chemical manufacturing process units is subject to this 
subpart, the storage vessel shall be considered to be part of the 
chemical manufacturing process unit that is subject to this subpart. If 
more than one chemical manufacturing process unit is subject to this 
subpart, the owner or operator may assign the storage vessel to any of 
the chemical manufacturing process units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization that occurred during the year preceding April 
22, 1994. This determination shall be reported in the Implementation 
Plan required by Sec. 63.151(c), (d), and (e) of subpart G of this part 
or as part of an operating permit application.
    (iv) If there is a change in the material stored in the storage 
vessel, the owner or operator shall reevaluate the applicability of 
this subpart to the vessel.
    (h) The owner or operator shall follow the procedures specified in 
paragraphs (h)(1) and (h)(2) of this section to determine whether the 
arms and hoses in a loading rack are part of the source to which this 
subpart applies.
    (1) Where a loading rack is used exclusively by a chemical 
manufacturing process unit, the loading rack shall be considered part 
of that specific chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section and the loading rack does not meet the criteria specified in 
paragraphs (f)(7) and (f)(8) of this section, then the loading rack is 
considered a transfer rack (as defined in Sec. 63.101 of this subpart) 
and is part of the source to which this subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading rack is not considered a transfer rack 
(as defined in Sec. 63.101 of this subpart) and is not a part of the 
source to which this subpart applies.
    (2) If a loading rack is shared among chemical manufacturing 
process units, then the applicability of subparts F and G of this part 
shall be determined at each loading arm or loading hose according to 
the provisions in paragraphs (h)(2)(i) through (h)(2)(v) of this 
section.
    (i) Each loading arm or loading hose that is dedicated to the 
transfer of liquid organic hazardous air pollutants listed in table 2 
of this subpart from a chemical manufacturing process unit to which 
this subpart applies is part of that chemical manufacturing process 
unit and is part of the source to which this subpart applies unless the 
loading arm or loading hose meets the criteria specified in paragraph 
(f)(7) or (f)(8) of this section.
    (ii) If a loading arm or loading hose is shared among chemical 
manufacturing process units, and one of the chemical manufacturing 
process units provides the greatest amount of the material that is 
loaded by the loading arm or loading hose, then the loading arm or 
loading hose is part of that chemical manufacturing process unit.
    (A) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the loading arm or loading hose is part of the source to 
which this subpart applies unless the loading arm or loading hose meets 
the criteria specified in paragraph (f)(7) or (f)(8) of this section.
    (B) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading arm or loading hose is not part of the 
source to which this subpart applies.
    (iii) If a loading arm or loading hose is shared among chemical 
manufacturing process units so that there is no single predominant use 
as described in paragraph (h)(2)(ii) of this section and at least one 
of those chemical manufacturing process units is subject to this 
subpart, then the loading arm or hose is part of the chemical 
manufacturing process unit that is subject to this subpart. If more 
than one of the chemical manufacturing process units is subject to this 
subpart, the owner or operator may assign the loading arm or loading 
hose to any of the chemical manufacturing process units subject to this 
subpart.
    (iv) If the predominant use of a loading arm or loading hose varies 
from year to year, then the applicability of this subpart shall be 
determined based on the utilization that occurred during the year 
preceding April 22, 1994. This determination shall be reported in the 
Implementation Plan required by Sec. 63.151 (c), (d), and (e) of 
subpart G or as part of an operating permit application.
    (v) If there is a change in the material loaded at the loading arm 
or loading hose, the owner or operator shall reevaluate the 
applicability of this subpart to the loading arm or loading hose.
    (i) Except as provided in paragraph (i)(6) of this section, the 
owner or operator shall follow the procedures specified in paragraphs 
(i)(1) through (i)(5) of this section to determine whether the vent(s) 
from a distillation unit is part of the source to which this subpart 
applies.
    (1) If the greatest input to the distillation unit is from a 
chemical manufacturing process unit located on the same plant site, 
then the distillation unit shall be assigned to that chemical 
manufacturing process unit.
    (2) If the greatest input to the distillation unit is provided from 
a chemical manufacturing process unit that is not located on the same 
plant site, then the distillation unit shall be assigned to the 
chemical manufacturing process unit located at the same plant site that 
receives the greatest amount of material from the distillation unit.
    (3) If a distillation unit is shared among chemical manufacturing 
process units so that there is no single predominant use, as described 
in paragraphs (i)(1) and (i)(2) of this section, and at least one of 
those chemical manufacturing process units is subject to this subpart, 
the distillation unit shall be assigned to the chemical manufacturing 
process unit that is subject to this subpart. If more than one chemical 
manufacturing process unit is subject to this subpart, the owner or 
operator may assign the distillation unit to any of the chemical 
manufacturing process units subject to this rule.
    (4) If the chemical manufacturing process unit to which the 
distillation unit is assigned is subject to this subpart and the vent 
stream contains greater than 0.005 weight percent total organic 
hazardous air pollutants, then the vent(s) from the distillation unit 
is considered a process vent (as defined in Sec. 63.101 of this 
subpart) and is part of the source to which this subpart applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization that occurred during the year preceding April 
22, 1994. This determination shall be included in the Implementation 
Plan required by Sec. 63.151 (c), (d), and (e) of subpart G of this 
part or as part of an operating permit application.
    (6) If the distillation unit is part of one of the chemical 
manufacturing process units listed in paragraphs (i)(6)(i) through 
(i)(6)(iii) of this section and the vent stream contains greater than 
0.005 weight percent total organic hazardous air pollutants, then the 
vents from the distillation unit are considered process vents (as 
defined in Sec. 63.101 of this subpart) and are part of the source to 
which this subpart applies.
    (i) The Aromex unit that produces benzene, toluene, and xylene;
    (ii) The unit that produces hexane; or
    (iii) The unit that produces cyclohexane.
    (j) The provisions of subparts F, G, and H of this part do not 
apply to the processes specified in paragraphs (j)(1) through (j)(6) of 
this section. Subparts F, G, and H do not require processes specified 
in paragraphs (j)(1) through (j)(6) to comply with the provisions of 
subpart A of this part.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a chemical 
manufacturing process unit that is subject to the provisions of 
subparts F, G, or H of this part.
    (2) Petroleum refining process units, regardless of whether the 
units supply feedstocks that include chemicals listed in table 1 of 
this subpart to chemical manufacturing process units that are subject 
to the provisions of subparts F, G, or H of this part.
    (3) Ethylene process units, regardless of whether the units supply 
feedstocks that include chemicals listed in table 1 of this subpart to 
chemical manufacturing process units that are subject to the provisions 
of subparts F, G, or H of this part.
    (4) Equipment that is located within a chemical manufacturing 
process unit that is subject to this subpart but does not contain 
organic hazardous air pollutants.
    (5) Chemical manufacturing process units that are located in coke 
by-product recovery plants.
    (6) Solvent reclamation, recovery, or recycling operations at 
hazardous waste TSDF facilities requiring a permit under 40 CFR part 
270 that are separate entities and not part of a SOCMI chemical 
manufacturing process unit.
    (k) Except as provided in paragraphs (l) and (m) of this section, 
sources subject to subparts F, G, or H of this part are required to 
achieve compliance on or before the dates specified in paragraphs 
(k)(1), (k)(2), and (k)(3) of this section.
    (1) New sources that commence construction or reconstruction after 
December 31, 1992 shall be in compliance with subparts F, G, and H of 
this part upon initial start-up or April 22, 1994, whichever is later, 
as provided in Sec. 63.6(b) of subpart A of this part.
    (2) Existing sources shall be in compliance with subparts F and G 
of this part no later than 3 years after April 22, 1994, as provided in 
Sec. 63.6(c) of subpart A of this part, unless an extension has been 
granted by the Administrator as provided in Sec. 63.151(a)(6) of 
subpart G of this part or granted by the operating permit authority as 
provided in Sec. 63.6(i) of subpart A of this part.
    (3) Existing sources shall be in compliance with subpart H of this 
part no later than the dates specified in paragraphs (k)(3)(i) through 
(k)(3)(v) of this section. The group designation for each process unit 
is indicated in table 1 of this subpart.
    (i) Group I: October 24, 1994.
    (ii) Group II: January 23, 1995.
    (iii) Group III: April 24, 1995.
    (iv) Group IV: July 24, 1995.
    (v) Group V: October 23, 1995.
    (l)(1) If an additional chemical manufacturing process unit meeting 
the criteria specified in paragraph (b) of this section is added to a 
plant site that is a major source as defined in section 112(a) of the 
Act, the addition shall be subject to the requirements for a new source 
in subparts F, G, and H of this part if:
    (i) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (ii) Such construction commenced after December 31, 1992; and
    (iii) The addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of 
HAP's, unless the Administrator establishes a lesser quantity.
    (2) If any change is made to a chemical manufacturing process unit 
subject to this subpart, the change shall be subject to the 
requirements of a new source in subparts F, G, and H of this part if:
    (i) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (ii) Such reconstruction commenced after December 31, 1992.
    (3) If an additional chemical manufacturing process unit is added 
to a plant site or a change is made to a chemical manufacturing process 
unit and the addition or change is determined to be subject to the new 
source requirements according to paragraph (l)(1) or (l)(2) of this 
section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts F, G, and H of this part upon 
initial start-up of the new or reconstructed source or by April 22, 
1994, whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts F, 
G, and H of this part that are applicable to new sources. The 
applicable reports include, but are not limited to:
    (A) The application for approval of construction or reconstruction 
which shall be submitted by the date specified in Sec. 63.151(b)(2)(ii) 
of subpart G of this part, or an Initial Notification as specified in 
Sec. 63.151(b)(2)(iii) of subpart G of this part;
    (B) The Implementation Plan and Implementation Plan Updates 
required by Sec. 63.151(c) and (j) of subpart G of this part, unless 
the information has been submitted in an operating permit application 
or amendment;
    (C) The Notification of Compliance Status as required by 
Sec. 63.152(b) of subpart G of this part for the new or reconstructed 
source;
    (D) Periodic Reports and Other Reports as required by 
Sec. 63.152(c) and (d) of subpart G of this part;
    (E) Reports required by Sec. 63.182 of subpart H of this part; and
    (F) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (4) If an additional chemical manufacturing process unit is added 
to a plant site or if an emission point is added to an existing 
chemical manufacturing process unit or if another deliberate 
operational process change creating an additional Group 1 emission 
point(s) is made to an existing chemical manufacturing process unit, 
and if the addition or change is not subject to the new source 
requirements as determined according to paragraph (l)(1) or (l)(2) of 
this section, the requirements in paragraphs (l)(4)(i) through 
(l)(4)(iii) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, 
feedstock type, or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. For purposes of this 
paragraph and paragraph (m) of this section, process changes do not 
include: Process upsets, unintentional temporary process changes, and 
changes that are within the equipment configuration and operating 
conditions documented in the Notification of Compliance Status required 
by Sec. 63.152(b) of subpart G of this part.
    (i) The added emission point(s) and any emission point(s) within 
the added or changed chemical manufacturing process unit are subject to 
the requirements of subparts F, G, and H of this part for an existing 
source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed chemical manufacturing process unit shall be in 
compliance with subparts F, G, and H of this part by the dates 
specified in paragraph (l)(4)(ii) (A) or (B) of this section, as 
applicable.
    (A) If a chemical manufacturing process unit is added to a plant 
site or an emission point(s) is added to an existing chemical 
manufacturing process unit, the added emission point(s) shall be in 
compliance upon initial start-up of the added chemical manufacturing 
process unit or emission point(s) or by 3 years after April 22, 1994, 
whichever is later.
    (B) If a deliberate operational process change to an existing 
chemical manufacturing process unit causes a Group 2 emission point to 
become a Group 1 emission point, the owner or operator shall be in 
compliance upon initial start-up or by 3 years after April 22, 1994 
unless the owner or operator demonstrates to the Administrator that 
achieving compliance will take longer than making the change. If this 
demonstration is made to the Administrator's satisfaction, the owner or 
operator shall follow the procedures in paragraphs (m)(1) through 
(m)(3) of this section to establish a compliance date.
    (iii) The owner or operator of a chemical manufacturing process 
unit or emission point that is added to a plant site and is subject to 
the requirements for existing sources shall comply with the reporting 
and recordkeeping requirements of subparts F, G, and H of this part 
that are applicable to existing sources, including, but not limited to, 
the reports listed in paragraphs (l)(4)(iii) (A) through (E) of this 
section. A change to an existing chemical manufacturing process unit 
shall be subject to the reporting requirements for existing sources 
including, but not limited to, the reports listed in paragraphs 
(l)(4)(iii) (A) through (E) of this section if the change meets the 
criteria specified in Sec. 63.118 (g), (h), (i), or (j) of subpart G of 
this part for process vents or the criteria in Sec. 63.151 (i) or (j) 
of subpart G of this part for Implementation Plan Updates. The 
applicable reports include, but are not limited to:
    (A) The Implementation Plan Updates specified in Sec. 63.151 (i) 
and (j) of subpart G of this part, unless the information has been 
submitted in an operating permit application or amendment;
    (B) The Notification of Compliance Status as required by 
Sec. 63.152(b) of subpart G of this part for the emission points that 
were added or changed;
    (C) Periodic Reports and other reports as required by Sec. 63.152 
(c) and (d) of subpart G of this part;
    (D) Reports required by Sec. 63.182 of subpart H of this part; and
    (E) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (m) If a change that does not meet the criteria in paragraph (l)(4) 
of this section is made to a chemical manufacturing process unit 
subject to subparts F and G of this part, and the change causes a Group 
2 emission point to become a Group 1 emission point (as defined in 
Sec. 63.111 of subpart G of this part), then the owner or operator 
shall comply with the requirements of subpart G of this part for the 
Group 1 emission point as expeditiously as practicable, but in no event 
later than 3 years after the emission point becomes Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted with the 
Implementation Plan update required in Sec. 63.151(i)(2) of subpart G 
of this part for emission points included in an emissions average or 
Sec. 63.151(j)(1) of subpart G of this part for emission points not in 
an emissions average, unless the compliance schedule has been submitted 
in an operating permit application or amendment.
    (3) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.


Sec. 63.101  Definitions.

    (a) The following terms as used in subparts F, G, and H of this 
part shall have the meaning given them in subpart A of this part: Act, 
actual emissions, Administrator, affected source, approved permit 
program, commenced, compliance date, construction, continuous 
monitoring system, continuous parameter monitoring system, effective 
date, emission standard, emissions averaging, EPA, equivalent emission 
limitation, existing source, Federally enforceable, fixed capital cost, 
hazardous air pollutant, lesser quantity, major source, malfunction, 
new source, owner or operator, performance evaluation, performance 
test, permit program, permitting authority, reconstruction, relevant 
standard, responsible official, run, standard conditions, State, and 
stationary source.
    (b) All other terms used in this subpart and subparts G and H of 
this part shall have the meaning given them in the Act and in this 
section. If the same term is defined in subpart A of this part and in 
this section, it shall have the meaning given in this section for 
purposes of subparts F, G, and H of this part.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a chemical manufacturing 
process unit and distilled or reacted at one time. Batch operation 
includes noncontinuous operations in which the equipment is fed 
intermittently or discontinuously. Addition of raw material and 
withdrawal of product do not occur simultaneously in a batch operation. 
After each batch operation, the equipment is generally emptied before a 
fresh batch is started.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By-product means a chemical that is produced coincidentally during 
the production of another chemical.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. For the purpose of this subpart, 
chemical manufacturing process unit includes air oxidation reactors and 
their associated product separators and recovery devices; reactors and 
their associated product separators and recovery devices; distillation 
units and their associated distillate receivers and recovery devices; 
associated unit operations (as defined in this section); and any feed, 
intermediate and product storage vessels, product transfer racks, and 
connected ducts and piping. A chemical manufacturing process unit 
includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, instrumentation systems, and control devices or systems. A 
chemical manufacturing process unit is identified by its primary 
product.
    Control device means any equipment used for recovering or oxidizing 
organic hazardous air pollutant vapors. Such equipment includes, but is 
not limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents (as defined in 
this section), recovery devices are not considered control devices.
    Co-product means a chemical that is produced during the production 
of another chemical.
    Distillate receiver means overhead receivers, overhead 
accumulators, reflux drums, and condenser(s) including ejector-
condenser(s) associated with a distillation unit.
    Distillation unit means a device or vessel in which one or more 
feed streams are separated into two or more exit streams, each exit 
stream having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, agitator, pressure relief device, sampling 
connection system, open-ended valve or line, valve, surge control 
vessel, bottoms receiver, or instrumentation system in organic 
hazardous air pollutant service as defined in Sec. 63.161 of subpart H 
of this part.
    Ethylene process or ethylene process unit means a chemical 
manufacturing process unit in which ethylene and/or propylene are 
produced by separation from petroleum refining process streams or by 
subjecting hydrocarbons to high temperatures in the presence of steam. 
The ethylene process unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, pyrolysis 
gasoline, and pyrolysis fuel oil. The ethylene process does not include 
the manufacture of SOCMI chemicals such as the production of butadiene 
from the C4 stream and aromatics from pyrolysis gasoline.
    Flexible operation unit means a chemical manufacturing process unit 
that manufactures different chemical products periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange 
system can include more than one heat exchanger and can include an 
entire recirculating or once-through cooling system.
    Impurity means a substance that is produced coincidentally with the 
primary product, or is present in a raw material. An impurity does not 
serve a useful purpose in the production or use of the primary product 
and is not isolated.
    Initial start-up means the first time a new or reconstructed source 
begins production, or, for equipment added or changed as described in 
Sec. 63.100 (l) or (m) of this subpart, the first time the equipment is 
put into operation. Initial start-up does not include operation solely 
for testing equipment. For purposes of subpart G of this part, initial 
start-up does not include subsequent start-ups (as defined in this 
section) of chemical manufacturing process units following malfunctions 
or shutdowns or following changes in product for flexible operation 
units or following recharging of equipment in batch operation. For 
purposes of subpart H of this part, initial start-up does not include 
subsequent start-ups (as defined in Sec. 63.161 of subpart H of this 
part) of process units (as defined in Sec. 63.161 of subpart H of this 
part) following malfunctions or process unit shutdowns.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e, do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maintenance wastewater means wastewater generated by the draining 
of process fluid from components in the chemical manufacturing process 
unit into an individual drain system prior to or during maintenance 
activities. Maintenance wastewater can be generated during planned and 
unplanned shutdowns and during periods not associated with a shutdown. 
Examples of activities that can generate maintenance wastewaters 
include descaling of heat exchanger tubing bundles, cleaning of 
distillation column traps, draining of low legs and high point bleeds, 
draining of pumps into an individual drain system, and draining of 
portions of the chemical manufacturing process unit for repair.
    Operating permit means a permit required by 40 CFR part 70 or 71.
    Organic hazardous air pollutant or organic HAP means one of the 
chemicals listed in table 2 of this subpart.
    Petroleum refining process, also referred to as a petroleum 
refining process unit, means a process that for the purpose of 
producing transportation fuels (such as gasoline and diesel fuels), 
heating fuels (such as fuel gas, distillate, and residual fuel oils), 
or lubricants separates petroleum or separates, cracks, or reforms 
unfinished derivatives. Examples of such units include, but are not 
limited to, alkylation units, catalytic hydrotreating, catalytic 
hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic 
cracking, crude distillation, and thermal processes.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Process vent means a gas stream containing greater than 0.005 
weight percent total organic hazardous air pollutants that is 
continuously discharged during operation of the unit from an air 
oxidation reactor, other reactor, or distillation unit (as defined in 
this section) within a chemical manufacturing process unit that meets 
all applicability criteria specified in Sec. 63.100(b)(1) through 
(b)(3) of this subpart. Process vents include vents from distillate 
receivers, product separators, and ejector-condensers. Process vents 
include gas streams that are either discharged directly to the 
atmosphere or are discharged to the atmosphere after diversion through 
a product recovery device. Process vents exclude relief valve 
discharges and leaks from equipment regulated under subpart H of this 
part.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or feed tank drawdown; water formed during a chemical reaction 
or used as a reactant; water used to wash impurities from organic 
products or reactants; water used to cool or quench organic vapor 
streams through direct contact; and condensed steam from jet ejector 
systems pulling vacuum on vessels containing organics.
    Product means a compound or chemical which is manufactured as the 
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace 
contaminants are not considered products.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way 
that their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recovery device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals for use, reuse, or 
sale. Recovery devices include, but are not limited to, absorbers, 
carbon adsorbers, and condensers.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of operation of a chemical 
manufacturing process unit or a reactor, air oxidation reactor, 
distillation unit, or the emptying and degassing of a storage vessel 
for purposes including, but not limited to, periodic maintenance, 
replacement of equipment, or repair. Shutdown does not include the 
routine rinsing or washing of equipment in batch operation between 
batches.
    Source means the collection of emission points to which this 
subpart applies as determined by the criteria in Sec. 63.100 of this 
subpart. For purposes of subparts F, G, and H of this part, the term 
affected source as used in subpart A of this part has the same meaning 
as the term source defined here.
    Start-up means the setting into operation of a chemical 
manufacturing process unit for the purpose of production. Start-up does 
not include operation solely for testing equipment. Start-up does not 
include the recharging of equipment in batch operation. Start-up does 
not include changes in product for flexible operation units.
    Start-up, shutdown, and malfunction plan means the plan required 
under Sec. 63.6(e)(3) of subpart A of this part. This plan details the 
procedures for operation and maintenance of the source during periods 
of start-up, shutdown, and malfunction.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that contain one or more of the organic HAP's listed in 
table 2 of this subpart and that has been assigned, according to the 
procedures in Sec. 63.100(g) of this subpart, to a chemical 
manufacturing process unit that is subject to this subpart. Storage 
vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels; or
    (7) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels serve several purposes 
including equalization of load, mixing, recycle, and emergency supply.
    Transfer operation means the loading, into a tank truck or railcar, 
of organic liquids that contain one or more of the organic hazardous 
air pollutants listed in table 2 of this subpart from a transfer rack 
(as defined in this section). Transfer operations do not include 
loading at an operating pressure greater than 204.9 kilopascals.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are assigned to a chemical 
manufacturing process unit subject to this subpart according to the 
procedures specified in Sec. 63.100(h) of this subpart and are used to 
fill tank trucks and railcars with organic liquids that contain one or 
more of the organic hazardous air pollutants listed in table 2 of this 
subpart. Transfer rack includes the associated pumps, meters, shutoff 
valves, relief valves, and other piping and valves. Transfer rack does 
not include:
    (1) Racks, arms, or hoses that only transfer liquids containing 
organic hazardous air pollutants as impurities;
    (2) Racks, arms, or hoses that vapor balance during all loading 
operations; or
    (3) Racks transferring organic liquids that contain organic 
hazardous air pollutants only as impurities.
    Unit operation means one or more pieces of process equipment used 
to make a single change to the physical or chemical characteristics of 
one or more process streams. Unit operations include, but are not 
limited to, reactors, distillation columns, extraction columns, 
absorbers, decanters, dryers, condensers, and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic HAP vapors displaced from tank trucks or railcars 
during loading; and to route the collected organic HAP vapors to the 
storage vessel from which the liquid being loaded originated, or to 
compress collected organic HAP vapors and commingle with the raw feed 
of a chemical manufacturing process unit.
    Wastewater means organic hazardous air pollutant-containing water, 
raw material, intermediate, product, by- product, co-product, or waste 
material that exits equipment in a chemical manufacturing process unit 
that meets all of the criteria specified in Sec. 63.100(b)(1) through 
(b)(3) of this subpart; and either:
    (1) Contains a total volatile organic hazardous air pollutant 
concentration of at least 5 parts per million by weight and has a flow 
rate of 0.02 liter per minute or greater; or
    (2) Contains a total volatile organic hazardous air pollutant 
concentration of at least 10,000 parts per million by weight at any 
flow rate.
Wastewater includes process wastewater and maintenance wastewater.


Sec. 63.102  General standards.

    (a) Owners and operators of sources subject to this subpart shall 
comply with the requirements of subparts G and H of this part.
    (1) The provisions set forth in subparts F and G of this part shall 
apply at all times except during periods of start-up, malfunction, and 
shutdown (as defined in Sec. 63.101 of this subpart). However, if a 
start-up, shutdown, or malfunction of one portion of a chemical 
manufacturing process unit does not affect the ability of a particular 
emission point to comply with the specific provisions to which it is 
subject, then that emission point shall still be required to comply 
with the applicable provisions of subparts F and G during the start-up, 
shutdown, or malfunction. For example, if there is an overpressure in 
the reactor area, a storage vessel in the chemical manufacturing 
process unit would still be required to be controlled in accordance 
with Sec. 63.119 of subpart G of this part. Similarly, the degassing of 
a storage vessel would not affect the ability of a process vent to meet 
the requirements of Sec. 63.113 of subpart G of this part.
    (2) The provisions set forth in subpart H of this part shall apply 
at all times except during periods of start-up, malfunction, and 
process unit shutdown (as defined in Sec. 63.161 of subpart H of this 
part).
    (b) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in organic HAP 
emissions at least equivalent to the reduction in organic HAP emissions 
from that source achieved under any design, equipment, work practice, 
or operational standards in subpart G or H of this part, the 
Administrator will publish in the Federal Register a notice permitting 
the use of the alternative means for purposes of compliance with that 
requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any notice under paragraph (b) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (3) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions.
    (c) Each owner or operator of a source subject to this subpart 
shall obtain a permit under 40 CFR part 70 or part 71 from the 
appropriate permitting authority.
    (1) If EPA has approved a State operating permit program under 40 
CFR part 71, the permit shall be obtained from the State authority. If 
the State operating permit program has not been approved, the source 
shall apply to the EPA regional office pursuant to 40 CFR part 70.
    (2) If an operating permit application has not been submitted by 
the dates specified in Sec. 63.151(c) of subpart G of this part, the 
owner or operator shall submit an Implementation Plan as specified in 
Sec. 63.151 (c), (d), and (e) of subpart G of this part.
    (d) The requirements in subparts F, G, and H of this part are 
Federally enforceable under section 112 of the Act on and after the 
dates specified in Sec. 63.100(k) of this subpart.


Sec. 63.103  General compliance, reporting, and recordkeeping 
provisions.

    (a) Table 3 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
sources subject to subparts F, G, and H of this part.
    (b) Initial performance tests and initial compliance determinations 
shall be required only as specified in subparts G and H of this part.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures in Sec. 63.7(a) of 
subpart A of this part and the applicable sections of subparts G and H 
of this part.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 calendar days 
before the performance test is scheduled to allow the Administrator the 
opportunity to have an observer present during the test.
    (3) Performance tests shall be conducted according to the 
provisions of Sec. 63.7(e) of subpart A of this part, except that 
performance tests shall be conducted at maximum representative 
operating conditions for the process. During the performance test, an 
owner or operator may operate the control or recovery device at maximum 
or minimum representative operating conditions for monitored control or 
recovery device parameters, whichever results in lower emission 
reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (5) Performance tests may be waived with approval of the 
Administrator as specified in Sec. 63.7(h)(2) of subpart A of this 
part. Owners or operators of sources subject to subparts F, G, and H of 
this part who apply for a waiver of a performance test shall submit the 
application by the dates specified in paragraph (b)(5)(i) of this 
section rather than the dates specified in Sec. 63.7(h)(3) of subpart A 
of this part.
    (i) If a request is made for an extension of compliance under 
Sec. 63.151(a)(6) of subpart G or Sec. 63.6(i) of subpart A of this 
part, the application for a waiver of an initial performance test shall 
accompany the information required for the request for an extension of 
compliance. If no extension of compliance is requested, the application 
for a waiver of an initial performance test shall be submitted no later 
than 90 calendar days before the Notification of Compliance Status 
required in Sec. 63.152(b) of subpart G of this part is due to be 
submitted.
    (ii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the source performing the required test.
    (c) Each owner or operator of a source subject to subparts F, G, 
and H of this part shall keep copies of all applicable reports and 
records required by subparts F, G, and H of this part for at least 5 
years; except that, if subparts G or H require records to be maintained 
for a time period different than 5 years, those records shall be 
maintained for the time specified in subpart G or H of this part.
    (1) All applicable records shall be maintained in such a manner 
that they can be readily accessed. The most recent 2 years of records 
shall be retained on site at the source or shall be accessible from a 
central location by computer. The remaining 3 years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, magnetic tape, or microfiche.
    (2) The owner or operator subject to subparts F, G, and H of this 
part shall keep the records specified in this paragraph, as well as 
records specified in subparts G and H.
    (i) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of a chemical manufacturing 
process unit subject to subparts F, G, or H of this part.
    (ii) Records of the occurrence and duration of each malfunction of 
air pollution control equipment or continuous monitoring systems used 
to comply with subpart F, G, or H of this part.
    (iii) For each start-up, shutdown, and malfunction, records that 
the procedures specified in the source's start-up, shutdown, and 
malfunction plan were followed, and documentation of actions taken that 
are not consistent with the plan. For example, if a start-up, shutdown, 
and malfunction plan includes procedures for routing a control device 
to a backup control device (e.g., the incinerator for a halogenated 
stream could be routed to a flare during periods when the primary 
control device is out of service), records must be kept of whether the 
plan was followed.
    (iv) For continuous monitoring systems used to comply with subpart 
G, records documenting the completion of calibration checks and 
maintenance of continuous monitoring systems that are specified in the 
manufacturer's instructions.
    (3) Records of start-up, shutdown and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2 emission points, as defined in Sec. 63.111 of 
subpart G of this part, that are not included in an emissions average.
    (d) All reports required under subparts F, G, and H of this part 
shall be sent to the Administrator at the addresses listed in 
Sec. 63.13 of subpart A of this part, except that requests for 
permission to use an alternative means of compliance as provided for in 
Sec. 63.102(b) of this subpart and application for approval of a 
nominal efficiency as provided for in Sec. 63.150 (i)(1) through (i)(6) 
of subpart G of this part shall be submitted to the Director of the EPA 
Office of Air Quality Planning and Standards rather than to the 
Administrator or delegated authority.
    (1) Wherever subpart A specifies ``postmark'' dates, submittals may 
be sent by methods other than the U.S. Mail (e.g., by fax or courier).
    (i) Submittals sent by U.S. Mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (e) Information, data, and analyses used to determine that a 
chemical manufacturing process unit does not use as a reactant or 
manufacture as a product any organic hazardous air pollutant shall be 
recorded. Examples of information that could document this include, but 
are not limited to, records of chemicals purchased for the process, 
analyses of process stream composition, engineering calculations, or 
process knowledge.


Sec. 63.104  Heat exchange system requirements.

    (a) Owners and operators of sources subject to subpart G of this 
part shall comply with the requirements specified in paragraphs (b) and 
(c) of this section.
    (b) For each heat exchange system that cools process equipment or a 
process fluid and that is part of a chemical manufacturing process unit 
that is subject to the provisions of this subpart, the owner or 
operator shall comply with the requirements of paragraphs (b)(1) 
through (b)(4) of this section, except as provided in paragraph (c) of 
this section.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (i) The cooling water shall be monitored for total HAP, total VOC, 
or speciated HAP's.
    (A) For recirculating heat exchange systems (cooling tower 
systems), speciated HAP's or total HAP's includes all HAP's listed in 
table 2 of this subpart, except for benzotrichloride (98077), 
bis(chloromethyl)ether (542881), maleic anhydride (108316), and methyl 
isocyanate (624839).
    (B) For once-through heat exchange systems, speciated HAP's or 
total HAP's includes all HAP's listed in table 9 of subpart G of this 
part.
    (C) If monitoring for speciated HAP's, only HAP's that are present 
in the process fluid in concentrations greater than 5 percent by weight 
are required to be measured in the cooling water.
    (ii) The concentration in the cooling water shall be determined 
using any EPA-approved method listed in 40 CFR part 136 as long as the 
method is sensitive to concentrations as low as 1 ppm and the same 
method is used for both entrance and exit samples. Alternative methods 
may be used upon approval by the Administrator.
    (iii) The samples shall be taken at the entrance and exit of each 
heat exchange system.
    (A) For recirculating heat exchange systems, the entrance and exit 
are the points at which the cooling water enters the cooling tower 
after cooling the process fluid and exits the cooling tower prior to 
cooling the process fluid.
    (B) For once-through heat exchange systems, the entrance and exit 
are the points where the cooling water enters and exits the plant site.
    (iv) A minimum of three sets of samples shall be taken of the 
cooling water at the entrance and exit of the system, for a total of 
six samples. The average inlet and outlet concentrations shall then be 
calculated.
    (v) A leak is detected if a statistically significant difference in 
concentration of at least 1 part per million at the 95 percent 
confidence level is observed.
    (2) If a leak is detected, the owner or operator shall comply with 
the requirements in paragraphs (b)(2)(i) and (b)(2)(ii) of this 
section, except as provided in paragraph (b)(3) of this section.
    (i) The leak shall be repaired as soon as practicable but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests that indicate that a leak is present. Repair of a leak 
can include such activities as repairing a leaking heat exchanger or 
rerouting the waste from a steam jet ejector.
    (ii) Once the leak has been repaired, the owner or operator must 
test the heat exchange system using the procedures described in 
paragraph (b)(1) of this section to ensure that the leak has been 
repaired.
    (3) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if either of the conditions in paragraph 
(b)(3)(i) or (b)(3)(ii) of this section are met.
    (i) If the owner or operator can demonstrate that a shutdown would 
cause greater emissions than the emissions from the leaking heat 
exchange system until the next planned shutdown, a shutdown is not 
required. Repair of this equipment shall occur before the end of the 
next shutdown.
    (ii) If the equipment is isolated from the process and does not 
remain in HAP service.
    (4) If an owner or operator invokes the delay of repair provisions 
for a heat exchange system, the following information shall be 
submitted in the next semi-annual Periodic Report required by 
Sec. 63.152(c) of subpart G of this part. If the leak remains 
unrepaired, the information shall also be submitted in each subsequent 
periodic report, until repair of the leak is reported.
    (i) The owner or operator shall report the presence of the leak and 
the date that the leak was detected.
    (ii) The owner or operator shall report whether or not the leak has 
been repaired.
    (iii) The owner or operator shall report the reason(s) for delay of 
repair. If delay of repair is invoked due to the reasons described in 
paragraph (b)(3)(i) of this section, documentation of emissions 
estimates must also be submitted.
    (iv) If the leak remains unrepaired, the owner or operator shall 
report the expected date of repair.
    (v) If the leak is repaired, the owner or operator shall report the 
date of successful repair of the leak.
    (c) An owner or operator is not required to meet the requirements 
in paragraphs (b)(1) and (b)(2) of this section if either of the 
conditions in paragraph (c)(1) or (c)(2) of this section are met.
    (1) The heat exchange system is operated with the minimum pressure 
on the cooling water side at least 35 kilopascals greater than the 
maximum pressure on the process side.
    (2) The once-through heat exchange system currently has an NPDES 
permit with an allowable discharge limit of less than 1 ppm.


Sec. 63.105  Maintenance wastewater requirements.

    (a) Each owner or operator of a source subject to this subpart 
shall comply with the requirements of paragraphs (b) through (e) of 
this section for maintenance wastewaters containing those organic HAP's 
listed in table 2 of this subpart.
    (b) The owner or operator shall prepare a description of 
maintenance procedures for management of wastewaters generated from the 
emptying and purging of equipment in the process during temporary 
shutdowns for inspections, maintenance, and repair (i.e., a 
maintenance-turnaround) and during periods which are not shutdowns 
(i.e., routine maintenance). The descriptions shall:
    (1) Specify the process equipment or maintenance tasks that are 
anticipated to create wastewater during maintenance activities.
    (2) Specify the procedures that will be followed to properly manage 
the wastewater and control organic HAP emissions to the atmosphere; and
    (3) Specify the procedures to be followed when clearing materials 
from process equipment.
    (c) The owner or operator shall modify and update the information 
required by paragraph (b) of this section as needed following each 
maintenance procedure based on the actions taken and the wastewaters 
generated in the preceding maintenance procedure.
    (d) The owner or operator shall implement the procedures described 
in paragraphs (b) and (c) of this section as part of the start-up, 
shutdown, and malfunction plan required under Sec. 63.6(e)(3) of 
subpart A of this part.
    (e) The owner or operator shall maintain a record of the 
information required by paragraphs (b) and (c) of this section as part 
of the start-up, shutdown, and malfunction plan required under 
Sec. 63.6(e)(3) of subpart A of this part.


Sec. 63.106  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator 
and not transferred to a State.
    (b) Authorities which will not be delegated to States: 
Sec. 63.102(b) of this subpart, Sec. 63.150(i)(1) through (i)(4) of 
subpart G of this part, and Sec. 63.177 of subpart H of this part.

 Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry
                                Chemicals                               
------------------------------------------------------------------------
                   Chemical namea                     CAS No.b    Group 
------------------------------------------------------------------------
Acenaphthene.......................................        83329  V     
Acetal.............................................       105577  V     
Acetaldehyde.......................................        75070  II    
Acetaldol..........................................       107891  II    
Acetamide..........................................        60355  II    
Acetanilide........................................       103844  II    
Acetic acid........................................        64197  II    
Acetic anhydride...................................       108247  II    
Acetoacetanilide...................................       102012  III   
Acetone............................................        67641  I     
Acetone cyanohydrin................................        75865  V     
Acetonitrile.......................................        75058  I     
Acetophenone.......................................        98862  I     
Acrolein...........................................       107028  IV    
Acrylamide.........................................        79061  I     
Acrylic acid.......................................        79107  IV    
Acrylonitrile......................................       107131  I     
Adiponitrile.......................................       111693  I     
Alizarin...........................................        72480  V     
Alkyl anthraquinones...............................          008  V     
Allyl alcohol......................................       107186  I     
Allyl chloride.....................................       107051  IV    
Allyl cyanide......................................       109751  IV    
Aminophenol sulfonic acid..........................         0010  V     
Aminophenol (p-)...................................       123308  I     
Aniline............................................        62533  I     
Aniline hydrochloride..............................       142041  III   
Anisidine (o-).....................................        90040  II    
Anthracene.........................................       120127  V     
Anthraquinone......................................        84651  III   
Azobenzene.........................................       103333  I     
Benzaldehyde.......................................       100527  III   
Benzene............................................        71432  I     
Benzenedisulfonic acid.............................        98486  I     
Benzenesulfonic acid...............................        98113  I     
Benzil.............................................       134816  III   
Benzilic acid......................................        76937  III   
Benzoic acid.......................................        65850  III   
Benzoin............................................       119539  III   
Benzonitrile.......................................       100470  III   
Benzophenone.......................................       119619  I     
Benzotrichloride...................................        98077  III   
Benzoyl chloride...................................        98884  III   
Benzyl acetate.....................................       140114  III   
Benzyl alcohol.....................................       100516  III   
Benzyl benzoate....................................       120514  III   
Benzyl chloride....................................       100447  III   
Benzyl dichloride..................................        98873  III   
Biphenyl...........................................        92524  I     
Bisphenol A........................................        80057  III   
Bis(Chloromethyl) Ether............................       542881  I     
Bromobenzene.......................................       108861  I     
Bromoform..........................................        75252  V     
Bromonaphthalene...................................     27497514  IV    
Butadiene (1,3-)...................................       106990  II    
Butanediol (1,4-)..................................       110634  I     
Butyl acrylate (n-)................................       141322  V     
Butylene glycol (1,3-).............................       107880  II    
Butyrolacetone.....................................        96480  I     
Caprolactam........................................       105602  II    
Carbaryl...........................................        63252  V     
Carbazole..........................................        86748  V     
Carbon disulfide...................................        75150  IV    
Carbon tetrabromide................................       558134  II    
Carbon tetrachloride...............................        56235  I     
Carbon tetrafluoride...............................        75730  II    
Chloral............................................        75876  II    
Chloroacetic acid..................................        79118  II    
Chloroacetophenone (2-)............................       532274  I     
Chloroaniline (p-).................................       106478  II    
Chlorobenzene......................................       108907  I     
2-Chloro-1,3-butadiene (Chloroprene)...............       126998  II    
Chlorodifluoroethane...............................     25497294  V     
Chlorodifluoromethane..............................        75456  I     
Chloroform.........................................        67663  I     
Chloronaphthalene..................................     25586430  IV    
Chloronitrobenzene                                        121733  I     
(m-).                                                                   
Chloronitrobenzene                                         88733  I     
(o-).                                                                   
Chloronitrobenzene                                        100005  I     
(p-).                                                                   
Chlorophenol (m-)..................................       108430  II    
Chlorophenol (o-)..................................        95578  II    
Chlorophenol (p-)..................................       106489  II    
Chlorotoluene (m-).................................       108418  III   
Chlorotoluene (o-).................................        95498  III   
Chlorotoluene (p-).................................       106434  III   
Chlorotrifluoromethane.............................        75729  II    
Chrysene...........................................       218019  V     
Cresol and cresylic acid (m-)......................       108394  III   
Cresol and cresylic acid (o-)......................        95487  III   
Cresol and cresylic acid (p-)......................       106445  III   
Cresols and cresylic acids (mixed).................      1319773  III   
Cumene.............................................        98828  I     
Cumene hydroperoxide...............................        80159  I     
Cyanoacetic acid...................................       372098  II    
Cyclohexane........................................       110827  I     
Cyclohexanol.......................................       108930  I     
Cyclohexanone......................................       108941  I     
Cyclohexylamine....................................       108918  III   
Cyclooctadienes....................................     29965977  II    
Decahydronaphthalene...............................        91178  IV    
Diacetoxy-2-Butene (1,4-)..........................         0012  V     
Diaminophenol hydrochloride........................       137097  V     
Dibromomethane.....................................        74953  V     
Dichloroaniline (mixed isomers)....................     27134276  I     
Dichlorobenzene (p-)...............................       106467  I     
Dichlorobenzene (m-)...............................       541731  I     
Dichlorobenzene (o-)...............................        95501  I     
 Dichlorobenzidine                                         91941  I     
(3,3'-).                                                                
Dichlorodifluoromethane............................        75718  I     
Dichloroethane (1,2-) (Ethylenedichloride) (EDC)...       107062  I     
Dichloroethyl ether (bis(2-chloroethyl)ether)......       111444  I     
Dichloroethylene (1,2-)............................       540590  II    
Dichlorophenol (2,4-)..............................       120832  III   
Dichloropropene (1,3-).............................       542756  II    
Dichlorotetrafluoro-                                     1320372  V     
ethane.                                                                 
Dichloro-1-butene (3,4-)...........................       760236  II    
Dichloro-2-butene (1,4-)...........................       764410  V     
Diethanolamine (2,2'-Iminodiethanol)...............       111422  I     
Diethyl sulfate....................................        64675  II    
Diethylamine.......................................       109897  IV    
Diethylaniline (2,6-)..............................       579668  V     
Diethylene glycol..................................       111466  I     
Diethylene glycol dibutyl ether....................       112732  I     
Diethylene glycol diethyl ether....................       112367  I     
Diethylene glycol dimethyl ether...................       111966  I     
Diethylene glycol monobutyl ether acetate..........       124174  I     
Diethylene glycol monobutyl ether..................       112345  I     
Diethylene glycol monoethyl ether acetate..........       112152  I     
Diethylene glycol monoethyl ether..................       111900  I     
Diethylene glycol monohexyl ether..................       112594  V     
Diethylene glycol monomethyl ether acetate.........       629389  V     
Diethylene glycol monomethyl ether.................       111773  I     
Dihydroxybenzoic acid (Resorcylic acid)............     27138574  V     
 Dimethylbenzidine                                        119937  II    
(3,3'-).                                                                
Dimethyl ether.....................................       115106  IV    
Dimethylformamide (N,N-)...........................        68122  II    
 Dimethylhydrazine                                         57147  II    
(1,1-).                                                                 
Dimethyl sulfate...................................        77781  I     
Dimethyl terephthalate.............................       120616  II    
Dimethylamine......................................       124403  IV    
Dimethylaminoethanol (2-)..........................       108010  I     
Dimethylaniline (N,N)..............................       121697  III   
Dinitrobenzenes (NOS)c.............................     25154545  I     
Dinitrophenol (2,4-)...............................        51285  III   
Dinitrotoluene (2,4-)..............................       121142  III   
Dioxane (1,4-) (1,4-Diethyleneoxide)...............         1239  11I   
Dioxolane (1,3-)...................................       646060  I     
Diphenyl methane...................................       101815  I     
Diphenyl oxide.....................................       101848  I     
Diphenyl thiourea..................................       102089  III   
Diphenylamine......................................       122394  III   
Dipropylene glycol.................................       110985  I     
Di-o-tolyguanidine.................................        97392  III   
Dodecandedioic acid................................       693232  I     
Dodecyl benzene (branched).........................       123013  V     
Dodecyl phenol (branched)..........................    121158585  V     
Dodecylaniline.....................................     28675174  V     
Dodecylbenzene (n-)................................       121013  I     
Dodecylphenol......................................     27193868  III   
Epichlorohydrin (1-chloro-2,3-epoxypropane)........       106898  I     
Ethanolamine.......................................       141435  I     
Ethyl acrylate.....................................       140885  II    
Ethylbenzene.......................................       100414  I     
Ethyl chloride (Chloroethane)......................        75003  IV    
Ethyl chloroacetate................................       105395  II    
Ethylamine.........................................        75047  V     
Ethylaniline (N-)..................................       103695  III   
Ethylaniline (o-)..................................       578541  III   
Ethylcellulose.....................................      9004573  V     
Ethylcyanoacetate..................................       105566  V     
Ethylene carbonate.................................        96491  I     
Ethylene dibromide (Dibromoethane).................       106934  I     
Ethylene glycol....................................       107211  I     
Ethylene glycol diacetate..........................       111557  I     
Ethylene glycol dibutyl ether......................       112481  V     
 Ethylene glycol diethyl ether                            629141  I     
(1,2-diethoxyethane).                                                   
 Ethylene glycol                                          110714  I     
dimethyl ether                                                          
Ethylene glycol monoacetate........................       542596  V     
 Ethylene glycol monobutyl ether                          112072  I     
acetate.                                                                
Ethylene glycol monobutyl ether....................       111762  I     
 Ethylene glycol monoethyl ether                          111159  I     
acetate.                                                                
Ethylene glycol monoethyl ether....................       110805  I     
Ethylene glycol monohexyl ether....................       112254  V     
Ethylene glycol monomethyl ether acetate...........       110496  I     
Ethylene glycol monomethyl ether...................       109864  I     
Ethylene glycol monooctyl ether....................          002  V     
Ethylene glycol monophenyl ether...................       122996  I     
Ethylene glycol monopropyl ether...................      2807309  I     
Ethylene oxide.....................................        75218  I     
Ethylenediamine....................................       107153  II    
Ethylenediamine tetraacetic acid...................        60004  V     
Ethylenimine (Aziridine)...........................       151564  II    
Ethylhexyl acrylate (2-isomer).....................       103117  II    
Fluoranthene.......................................       206440  V     
Formaldehyde.......................................        50000  I     
Formamide..........................................        75127  II    
Formic acid........................................        64186  II    
Fumaric acid.......................................       110178  I     
Glutaraldehyde.....................................       111308  IV    
Glyceraldehyde.....................................       367475  V     
Glycerol...........................................        56815  II    
Glycerol tri- (polyoxypro- pylene)ether............     25791962  II    
Glycine............................................        56406  II    
Glyoxal............................................       107222  II    
Hexachlorobenzene..................................       118741  II    
Hexachlorobutadiene................................        87683  II    
Hexachloroethane...................................        67721  II    
Hexadiene (1,4-)...................................       592450  II    
 Hexamethylene-                                           100970  I     
tetramine.                                                              
Hexane.............................................       110543  V     
Hexanetriol (1,2,6-)...............................       106694  IV    
Hydroquinone.......................................       123319  I     
Hydroxyadipaldehyde................................       141311  V     
Isobutyl acrylate..................................       106638  V     
Isobutylene........................................       115117  V     
Isophorone.........................................        78591  IV    
Isophorone nitrile.................................         0017  V     
Isophthalic acid...................................       121915  III   
Isopropylphenol....................................     25168063  III   
Linear alkylbenzene................................        ____d  I     
Maleic anhydride...................................       108316  I     
Maleic hydrazide...................................       123331  I     
Malic acid.........................................      6915157  I     
Metanilic acid.....................................       121471  I     
Methacrylic acid...................................        79414  V     
Methanol...........................................        67561  IV    
Methionine.........................................        63683  I     
Methyl acetate.....................................        79209  IV    
Methyl acrylate....................................        96333  V     
Methyl bromide (Bromomethane)......................        74839  IV    
Methyl chloride (Chloromethane)....................        74873  IV    
Methyl ethyl ketone (2-butanone)...................        78933  V     
Methyl formate.....................................       107313  II    
Methyl hydrazine...................................        60344  IV    
Methyl isobutyl carbinol...........................       108112  IV    
Methyl isobutyl ketone (Hexone)....................       108101  IV    
Methyl isocyanate..................................       624839  IV    
Methyl mercaptan...................................        74931  IV    
Methyl methacrylate................................        80626  IV    
Methyl phenyl carbinol.............................        98851  II    
Methyl tert-butyl ether............................      1634044  V     
Methylamine........................................        74895  IV    
Methylaniline (N-).................................       100618  III   
Methylcyclohexane..................................       108872  III   
Methylcyclohexanol.................................     25639423  V     
Methylcyclohexanone................................      1331222  III   
Methylene chloride (Dichloromethane)...............        75092  I     
Methylene dianiline (4,4'-isomer)..................       101779  I     
Methylene diphenyl diisocyanate (4,4'-) (MDI)......       101688  III   
Methylionones (a-).................................        79696  V     
Methylpentynol.....................................        77758  V     
Methylstyrene (a-).................................        98839  I     
Naphthalene........................................        91203  IV    
Naphthalene sulfonic acid (a-).....................        85472  IV    
Naphthalene sulfonic acid (b-).....................       120183  IV    
Naphthol (a-)......................................        90153  IV    
Naphthol (b-)......................................       135193  IV    
Naphtholsulfonic acid (1-).........................       567180  V     
Naphthylamine sulfonic acid (1,4-).................        84866  V     
Naphthylamine sulfonic acid (2,1-).................        81163  V     
Naphthylamine (1-).................................       134327  V     
Naphthylamine (2-).................................        91598  V     
Nitroaniline (m-)..................................        99092  II    
Nitroaniline (o-)..................................        88744  I     
Nitroanisole (o-)..................................        91236  III   
Nitroanisole (p-)..................................       100174  III   
Nitrobenzene.......................................        98953  I     
Nitronaphthalene (1-)..............................        86577  IV    
Nitrophenol (p-)...................................       100027  III   
Nitrophenol (o-)...................................        88755  III   
Nitropropane (2-)..................................        79469  II    
Nitrotoluene (all isomers).........................      1321126  III   
Nitrotoluene (o-)..................................        88722  III   
Nitrotoluene (m-)..................................        99081  III   
Nitrotoluene (p-)..................................        99990  III   
Nitroxylene........................................     25168041  V     
Nonylbenzene (branched)............................      1081772  V     
Nonylphenol........................................     25154523  V     
Octene-1...........................................       111660  I     
Octylphenol........................................     27193288  III   
Paraformaldehyde...................................     30525894  I     
Paraldehyde........................................       123637  II    
Pentachlorophenol..................................        87865  III   
Pentaerythritol....................................       115775  I     
Peracetic acid.....................................        79210  II    
Perchloromethyl mercaptan..........................       594423  IV    
Phenanthrene.......................................        85018  V     
Phenetidine (p-)...................................       156434  III   
Phenol.............................................       108952  III   
Phenolphthalein....................................        77098  III   
Phenolsulfonic acids (all isomers).................      1333397  III   
Phenyl anthranilic acid (all isomers)..............        91407  III   
Phenylenediamine (p-)..............................       106503  I     
Phloroglucinol.....................................       108736  III   
Phosgene...........................................        75445  IV    
Phthalic acid......................................        88993  III   
Phthalic anhydride.................................        85449  III   
Phthalimide........................................        85416  III   
Phthalonitrile.....................................        91156  III   
Picoline (b-)......................................       108996  II    
Piperazine.........................................       110850  I     
Polyethylene glycol................................     25322683  V     
Polypropylene glycol...............................     25322694  V     
Propiolactone (beta-)..............................        57578  I     
Propionaldehyde....................................       123386  IV    
Propionic acid.....................................        79094  I     
Propylene carbonate................................       108327  V     
Propylene dichloride (1,2-dichloropropane).........        78875  IV    
Propylene glycol...................................        57556  I     
Propylene glycol monomethyl ether..................       107982  I     
Propylene oxide....................................        75569  I     
Pyrene.............................................       129000  V     
Pyridine...........................................       110861  II    
p-tert-Butyl toluene...............................        98511  III   
Quinone............................................       106514  III   
Resorcinol.........................................       108463  I     
Salicylic acid.....................................        69727  III   
Sodium methoxide...................................       124414  IV    
Sodium phenate.....................................       139026  III   
Stilbene...........................................       588590  III   
Styrene............................................       100425  I     
Succinic acid......................................       110156  I     
Succinonitrile.....................................       110612  I     
Sulfanilic acid....................................       121573  III   
Sulfolane..........................................       126330  II    
Tartaric acid......................................       526830  I     
Terephthalic acid..................................       100210  II    
Tetrabromophthalic anhydride.......................       632791  III   
Tetrachlorobenzene (1,2,4,5-)......................        95943  I     
Tetrachloroethane (1,1,2,2-).......................        79345  II    
Tetrachloroethylene (Perchloroethylene)............       127184  I     
 Tetrachlorophthalic-                                     117088  III   
anhydride.                                                              
Tetraethyl lead....................................        78002  IV    
Tetraethylene glycol...............................       112607  I     
 Tetraethylene-                                           112572  V     
pentamine.                                                              
Tetrahydrofuran....................................       109999  I     
Tetrahydronapthalene...............................       119642  IV    
Tetrahydrophthalic anhydride.......................        85438  II    
 Tetramethylene-                                          110601  II    
diamine.                                                                
Tetramethylethylenediamine.........................       110189  V     
Tetramethyllead....................................        75741  V     
Thiocarbanilide....................................       102089  V     
Toluene............................................       108883  I     
Toluene 2,4 diamine................................        95807  II    
Toluene 2,4 diisocyanate...........................       584849  II    
Toluene diisocyanates (mixture)....................     26471625  II    
Toluene sulfonic acids.............................       104154  III   
Toluenesulfonyl chloride...........................        98599  III   
Toluidine (o-).....................................        95534  II    
 Trichloroaniline-                                        634935  III   
 (2,4,6-).                                                              
Trichlorobenzene (1,2,3-)..........................        87616  V     
Trichlorobenzene (1,2,4-)..........................       120821  I     
 Trichloroethane                                           71556  II    
(1,1,1-)                                                                
Trichloroethane (1,1,2-) (Vinyl trichloride).......        79005  II    
Trichloroethylene..................................        79016  I     
Trichlorofluoromethane.............................        75694  I     
 Trichlorophenol                                           95954  I     
(2,4,5-).                                                               
(1,1,2-) Trichloro                                         76131  I     
(1,2,2-) trifluoroethane.                                               
Triethanolamine....................................       102716  I     
Triethylamine......................................       121448  IV    
Triethylene glycol.................................       112276  I     
 Triethylene glycol                                       112492  I     
dimethyl ether.                                                         
Triethylene glycol monoethyl ether.................       112505  V     
Triethylene glycol monomethyl ether................       112356  I     
Trimethylamine.....................................        75503  IV    
Trimethylcyclohexanol..............................       933482  IV    
 Trimethylcyclo-                                         2408379  IV    
hexanone.                                                               
 Trimethylcyclo-                                        34216347  V     
hexylamine.                                                             
Trimethylolpropane.................................        77996  I     
Trimethylpentane (2,2,4-)..........................       540841  V     
Tripropylene glycol................................     24800440  V     
Vinyl acetate......................................       108054  II    
Vinyl chloride (Chloroethylene)....................        75014  I     
Vinyl toluene......................................     25013154  III   
Vinylcyclohexene (4-)..............................       100403  II    
 Vinylidene chloride                                       75354  II    
(1,1-dichloroethylene).                                                 
Vinyl(N-)-pyrrolidone(2-)..........................        88120  V     
Xanthates..........................................       140896  V     
Xylene sulfonic acid...............................     25321419  III   
Xylenes (NOS)c.....................................      1330207  I     
Xylene (m-)........................................       108383  I     
Xylene (o-)........................................        95476  I     
Xylene (p-)........................................       106423  I     
Xylenols (Mixed)...................................      1300716  V     
Xylidene...........................................      1300738  III   
------------------------------------------------------------------------
aIsomer means all structural arrangements for the same number of atoms  
  of each element and does not mean salts, esters, or derivatives.      
bCAS Number = Chemical Abstract Service number.                         
cNOS = not otherwise specified.                                         
dNo CAS number assigned.                                                


         Table 2. to Subpart F--Organic Hazardous Air Pollutants        
------------------------------------------------------------------------
                      Chemical name a,b                        CAS No.c 
------------------------------------------------------------------------
Acetaldehyde................................................       75070
Acetamide...................................................       60355
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylamide..................................................       79061
Acrylic acid................................................       79107
Acrylonitrile...............................................      107131
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Benzene.....................................................       71432
Benzotrichloride............................................       98077
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bis(chloromethyl)ether......................................      542881
Bromoform...................................................       75252
Butadiene (1,3-)............................................      106990
Caprolactam.................................................      105602
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetic acid...........................................       79118
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-1,3-butadiene (Chloroprene)........................      126998
Chloroform..................................................       67663
Cresols and cresylic acids (mixed)..........................     1319773
Cresol and cresylic acid (o-)...............................       95487
Cresol and cresylic acid (m-)...............................      108394
Cresol and cresylic acid (p-)...............................      106445
Cumene......................................................       98828
Dichlorobenzene (p-)........................................      106467
Dichlorobenzidine (3,3'-)...................................       91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)...........      107062
 Dichloroethylether                                               111444
(Bis(2-chloroethyl)                                                     
ether).                                                                 
Dichloropropene (1,3-)......................................      542756
 Diethanolamine (2,2'-                                            111422
Iminodiethanol).                                                        
Dimethylaniline (N,N-)......................................      121697
Diethyl sulfate.............................................       64675
Dimethylbenzidine (3,3'-)...................................      119937
Dimethylformamide (N,N-)....................................       68122
Dimethylhydrazine (1,1-)....................................       57147
Dimethyl phthalate..........................................      131113
Dimethyl sulfate............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
 Dioxane (1,4-)(1,4-                                              123911
Diethyleneoxide).                                                       
1,2-Diphenylhydrazine.......................................      122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
 Ethylene dibromide                                               106934
(Dibromoethane).                                                        
Ethylene glycol.............................................      107211
Ethylene oxide..............................................       75218
 Ethylidene dichloride                                             75343
(1,1-Dichloroethane).                                                   
Formaldehyde................................................       50000
Glycol ethersd                                                          
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      100543
Hydroquinone................................................      123319
Isophorone..................................................       78591
Maleic anhydride............................................      108316
Methanol....................................................       67561
Methyl bromide (Bromomethane)...............................       74839
Methyl chloride (Chloromethane).............................       74873
 Methyl ethyl ketone                                               78933
(2-Butanone).                                                           
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl isocyanate...........................................      624839
Methyl methacrylate.........................................       80626
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylene diphenyl diisocyanate (4,4'-) (MDI)...............      101688
Methylenedianiline (4,4'-)..................................      101779
Naphthalene.................................................       91203
Nitrobenzene................................................       98953
Nitrophenol (p-)............................................      100027
Nitropropane (2-)...........................................       79469
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Phthalic anhydride..........................................       85449
Polycyclic organic mattere                                              
Propiolactone (beta-).......................................       57578
Propionaldehyde.............................................      123386
 Propylene dichloride                                              78875
(1,2-Dichloropropane).                                                  
Propylene oxide.............................................       75569
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Toluene.....................................................      108883
Toluene diamine (2,4-)......................................       95807
Toluene diisocyanate (2,4-).................................      584849
Toluidine (o-)..............................................       95534
Trichlorobenzene (1,2,4-)...................................      120821
Trichloroethane (1,1,1-) (Methyl chloroform)................       71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................       79005
Trichloroethylene...........................................       79016
Trichlorophenol (2,4,5-)....................................       95954
Triethylamine...............................................      121448
Trimethylpentane (2,2,4-)...................................      540841
Vinyl acetate...............................................      108054
Vinyl chloride (chloroethylene).............................       75014
 Vinylidene chloride                                               75354
(1,1-Dichloroethylene).                                                 
Xylenes (NOS)...............................................     1330207
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................     106423 
------------------------------------------------------------------------
aFor all listings above containing the word ``Compounds'' and for glycol
  ethers, the following applies: Unless otherwise specified, these      
  listings are defined as including any unique chemical substance that  
  contains the named chemical (i.e., antimony, arsenic) as part of that 
  chemical's infrastructure.                                            
bIsomer means all structural arrangements for the same number of atoms  
  of each element and does not mean salts, esters, or derivatives.      
cCAS Number=Chemical Abstract Service number.                           
dIncludes mono- and di- ethers of ethylene glycol, diethylene glycol,   
  and triethylene glycol R-(OCH2CH2)n-OR' where:                        
n=1, 2, or 3;                                                           
R=alkyl or aryl groups; and                                             
R'=R, H, or groups which, when removed, yield glycol ethers with the    
  structure: R-(OCH2CH2)n-OH                                            
 Polymers are excluded from the glycol category.                        
eincludes organic compounds with more than one benzene ring, and which  
  have a boiling point greater than or equal to 100  deg.C.             


                Table 3 to Subpart F--General Provisions Applicability to subparts F, G, and Ha                 
----------------------------------------------------------------------------------------------------------------
                                                       Applies to                                               
                     Reference                       Subparts F, G,                    Comment                  
                                                          and H                                                 
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................................  Yes.............  Overlap clarified in Sec. 63.101, Sec.    
                                                                       63.111, Sec. 63.161.                     
63.1(a)(2)........................................  Yes.                                                        
63.1(a)(3)........................................  Yes.............  Sec. 63.110 and Sec. 63.160(b) of subparts
                                                                       G and H identify which standards are     
                                                                       overridden.                              
63.1(a)(4)........................................  No..............  Subpart F specifies applicability of each 
                                                                       paragraph in subpart A to subparts F, G, 
                                                                       and H.                                   
63.1(a)(5)-(a)(9).................................  No.                                                         
63.1(a)(10).......................................  No..............  Subparts F, G, and H specify calendar or  
                                                                       operating day.                           
63.1(a)(11).......................................  No..............  Subpart F Sec. 63.103(d) specifies        
                                                                       acceptable methods for submitting        
                                                                       reportsa.                                
63.1(a)(12)-(a)(14)...............................  Yes.                                                        
63.1(b)(1)........................................  No..............  Subpart F specifies applicability.        
63.1(b)(2)........................................  Yes.                                                        
63.1(b)(3)........................................  No.                                                         
63.1(c)(1)........................................  No..............  Subpart F specifies applicability.        
63.1(c)(2)........................................  No..............  Area sources are not subject to subparts  
                                                                       F, G, and H.                             
63.1(c)(3)........................................  No.                                                         
63.1(c)(4)........................................  Yes.                                                        
63.1(c)(5)........................................  No..............  Subparts G and H specify applicable       
                                                                       notification requirements.               
63.1(d)...........................................  No.                                                         
63.1(e)...........................................  No..............  Subparts F, G, and H established before   
                                                                       permit program.                          
63.2..............................................  Yes.............  Subpart F Sec. 63.103 specifies those     
                                                                       subpart A definitions that apply to the  
                                                                       HON. Subpart F definition of ``source''  
                                                                       is equivalent to subpart A definition of 
                                                                       ``affected source''.                     
63.3..............................................  No..............  Units of measure are spelled out in       
                                                                       subparts F, G, and H.                    
63.4(a)(1)-(a)(3).................................  Yes.                                                        
63.4(a)(4)........................................  No.                                                         
63.4(a)(5)........................................  Yes.                                                        
63.4(b)...........................................  Yes.                                                        
63.4(c)...........................................  Yes.                                                        
63.5(a)(1)........................................  Yes.............  Except replace term ``source'' and        
                                                                       ``stationary source'' in Sec. 63.5(a)(1) 
                                                                       of subpart A with ``affected source''.   
63.5(a)(2)........................................  Yes.                                                        
63.5(b)(1)........................................  Yes.                                                        
63.5(b)(2)........................................  No.                                                         
63.5(b)(3)........................................  Yes.                                                        
63.5(b)(4)........................................  Yes.............  Except the cross reference to Sec. 63.9(b)
                                                                       is changed to Sec. 63.9(b) (4) and (5).  
                                                                       Subpart F overrides Sec. 63.9 (b)(2) and 
                                                                       (b)(3).                                  
63.5(b)(5)........................................  Yes.                                                        
63.5(b)(6)........................................  Yes.                                                        
63.5(c)...........................................  No.                                                         
63.5(d)(1)(i).....................................  No..............  Subpart G Sec. 63.151(b) (2)(ii) and      
                                                                       (2)(iii) specify the applicability and   
                                                                       timing of this submittal for sources     
                                                                       subject to subpart G.                    
63.5(d)(1)(ii)....................................  Yes.............  Except that for affected sources subject  
                                                                       to subpart G instead of the information  
                                                                       in Sec. 63.5(d)(1)(ii)(H), submit the    
                                                                       implementation plan information specified
                                                                       in Sec. 63.151(e).                       
63.5(d)(1)(iii)...................................  No.               Subpart G requires submittal of the       
                                                                       notification of compliance status in Sec.
                                                                       63.152(b).                               
63.5(d)(2)........................................  No.                                                         
63.5(d)(3)........................................  Yes.............  Except Sec. 63.5(d)(3)(ii) does not apply 
                                                                       to subpart G.                            
63.5(d)(4)........................................  Yes.                                                        
63.5(e)...........................................  Yes.                                                        
63.5(f)(1)........................................  Yes.                                                        
63.5(f)(2)........................................  Yes.                                                        
63.5(f)(3)........................................  Yes.............  Except the cross-reference to Sec.        
                                                                       63.5(d)(1) is changed to Sec.            
                                                                       63.151(b)(ii) of subpart G, and the cross-
                                                                       reference to (b)(2) does not apply.      
63.5(f)(4)........................................  Yes.                                                        
63.6(a)...........................................  Yes.                                                        
63.6(b)(1)........................................  No..............  Subparts F and H specify compliance dates 
                                                                       for sources subject to subparts F, G, and
                                                                       H.                                       
63.6(b)(2)........................................  No.                                                         
63.6(b)(3)........................................  Yes.                                                        
63.6(b)(4)........................................  No..............  May apply when standards are proposed     
                                                                       under section 112(f) of the Act.         
63.6(b)(5)........................................  No..............  Subparts G and H include notification     
                                                                       requirements.                            
63.6(b)(6)........................................  No.                                                         
63.6(b)(7)........................................  No.                                                         
63.6(c)(1)........................................  No..............  Subpart F specifies the compliance date.  
63.6(c)(2)........................................  No.                                                         
63.6(c)(3)........................................  No.                                                         
63.6(c)(4)........................................  No.                                                         
63.6(c)(5)........................................  Yes.                                                        
63.6(d)...........................................  No.                                                         
63.6(e)...........................................  Yes.............  Does not apply to Group 2 emission points 
                                                                       unless they are included in an emissions 
                                                                       averageb.                                
63.6(f)(1)........................................  No..............  Sec. 63.102(a) of subpart F specifies when
                                                                       the standards apply.                     
63.6(f)(2)(i).....................................  Yes.                                                        
63.6(f)(2)(ii)....................................  Yes.............  Sec. 63.151(c)(2) of subpart G specifies  
                                                                       the use of monitoring data in determining
                                                                       compliance with subpart G.               
63.6(f)(2)(iii) (A), (B), and (C).................  Yes.                                                        
63.6(f)(2)(iii)(D)................................  No.                                                         
63.6(f)(2)(iv)....................................  Yes.                                                        
63.6(f)(2)(v).....................................  Yes.                                                        
63.6(f)(3)........................................  Yes.                                                        
63.6(g)...........................................  No..............  Procedures specified in Sec. 63.102(b) of 
                                                                       subpart F.                               
63.6(h)...........................................  No.                                                         
63.6(i)(1)........................................  Yes.                                                        
63.6(i)(2)........................................  Yes.                                                        
63.6(i)(3)........................................  No..............  Sec. 63.151(a)(6) of subpart G specifies  
                                                                       procedures.                              
63.6(i)(4)(i)(A)..................................  Yes.                                                        
63.6(i)(4)(i)(B)..................................  No..............  Dates are specified in Sec. 63.151(a)(6)  
                                                                       of subpart G.                            
63.6(i)(4)(ii)....................................  No.                                                         
63.6(i)(5)-(14)...................................  Yes.                                                        
63.6(i)(15).......................................  No.                                                         
63.6(i)(16).......................................  Yes.                                                        
63.6(j)...........................................  Yes.                                                        
63.7(a)(1)........................................  No..............  Subparts F, G, and H specify required     
                                                                       testing and compliance demonstration     
                                                                       procedures.                              
63.7(a)(2)........................................  No..............  Test results must be submitted in the     
                                                                       notification of compliance status due 150
                                                                       days after compliance date, as specified 
                                                                       in Sec. 63.152(b) of subparts G and H.   
63.7(a)(3)........................................  Yes.                                                        
63.7(b)...........................................  No.                                                         
63.7(c)...........................................  No.                                                         
63.7(d)...........................................  Yes.                                                        
63.7(e)(1)........................................  Yes.                                                        
63.7(e)(2)........................................  Yes.                                                        
63.7(e)(3)........................................  No..............  Subparts F, G, and H specify test methods 
                                                                       and procedures.                          
63.7(e)(4)........................................  Yes.                                                        
63.7(f)...........................................  No..............  Subparts F, G, and H specify applicable   
                                                                       methods and provide alternatives.        
63.7(g)...........................................  No..............  Performance test reporting specified in   
                                                                       Sec. 63.152(b) of subparts G and H.      
63.7(h)(1)........................................  Yes.                                                        
63.7(h)(2)........................................  Yes.                                                        
63.7(h)(3)........................................  No..............  Sec. 63.103(b)(5) of subpart F specifies  
                                                                       provisions for requests to waive         
                                                                       performance tests.                       
63.7(h)(4)........................................  No.                                                         
63.7(h)(5)........................................  Yes.                                                        
63.8(a)(1)........................................  Yes.                                                        
63.8(a)(2)........................................  No.                                                         
63.8(a)(3)........................................  No.                                                         
63.8(a)(4)........................................  Yes.                                                        
63.8(b)(1)........................................  Yes.                                                        
63.8(b)(2)........................................  No..............  Subparts G and H specify locations to     
                                                                       conduct monitoring.                      
63.8(b)(3)........................................  Yes.                                                        
63.8(c)(1)(i).....................................  Yes.                                                        
63.8(c)(1)(ii)....................................  No..............  Addressed by periodic reports in Sec.     
                                                                       63.152(c) of subpart G.                  
63.8(c)(1)(iii)...................................  Yes.                                                        
63.8(c)(2)........................................  Yes.                                                        
63.8(c)(3)........................................  Yes.                                                        
63.8(c)(4)........................................  No..............  HON specifies monitoring frequency in Sec.
                                                                       63.111 and Sec. 63.152(f) of subpart G.  
63.8(c)(5)-(c)(8).................................  No.                                                         
63.8(d)...........................................  No.                                                         
63.8(e)...........................................  No.                                                         
63.8(f)(1)-(f)(3).................................  Yes.                                                        
63.8(f)(4)(i).....................................  No..............  Timeframe for submitting request specified
                                                                       in Sec. 63.152(g)(1) of subpart G.       
63.8(f)(4)(ii)....................................  Yes.                                                        
63.8(f)(4)(iii)...................................  No.                                                         
63.8(f)(5)(i).....................................  Yes.                                                        
63.8(f)(5)(ii)....................................  No.                                                         
63.8(f)(5)(iii)...................................  Yes.                                                        
63.8(f)(6)........................................  No..............  Subparts G and H do not require CEM's.    
63.8(g)...........................................  No..............  Data reduction procedures specified in    
                                                                       Sec. 63.152(f) of subpart G.             
63.9(a)...........................................  Yes.                                                        
63.9(b)(1)(i).....................................  No..............  Specified in Sec. 63.151(b)(2)(ii) of     
                                                                       subpart G.                               
63.9(b)(1)(ii)....................................  No.                                                         
63.9(b)(2)........................................  No..............  Initial notification provisions are       
                                                                       specified in Sec. 63.151(b) of subpart G.
63.9(b)(3)........................................  No.                                                         
63.9(b)(4)........................................  Yes.............  Except that the notification in Sec.      
                                                                       63.9(b)(4)(i) shall be submitted at the  
                                                                       time specified in Sec. 63.151(b)(2)(ii)  
                                                                       of subpart G.                            
63.9(b)(5)........................................  Yes.............  Except that the notification in Sec.      
                                                                       63.9(b)(5) shall be submitted at the time
                                                                       specified in Sec. 63.151(b)(2)(ii) of    
                                                                       subpart G.                               
63.9(c)...........................................  Yes.                                                        
63.9(d)...........................................  Yes.                                                        
63.9(e)...........................................  No.                                                         
63.9(f)...........................................  No.                                                         
63.9(g)...........................................  No.                                                         
63.9(h)...........................................  No..............  Sec. 63.152(b) of subpart G specifies     
                                                                       notification of compliance status        
                                                                       requirements.                            
63.9(i)...........................................  Yes.                                                        
63.9(j)...........................................  No.                                                         
63.10(a)..........................................  Yes.                                                        
63.10(b)(1).......................................  No..............  Sec. 63.103(c) of subpart F specifies     
                                                                       record retention requirements.           
63.10(b)(2).......................................  No..............  Sec. 63.103(c) of subpart F specifies     
                                                                       required records.                        
63.10(b)(3).......................................  No.                                                         
63.10(c)..........................................  No.                                                         
63.10(d)(1).......................................  No.                                                         
63.10(d)(2).......................................  No..............  Sec. 63.152(b) of subpart F specifies     
                                                                       performance test reporting.              
63.10(d)(3).......................................  No.                                                         
63.10(d)(4).......................................  Yes.............                                            
63.10(d)(5)(i)....................................  Yes.............  Except that reports required by Sec.      
                                                                       63.10(d)(5)(i) shall be submitted at the 
                                                                       time specified in Sec. 63.152(c) of      
                                                                       subpart G..                              
63.10(d)(5)(ii)...................................  Yes.                                                        
63.10(e)..........................................  No.                                                         
63.10(f)..........................................  Yes.                                                        
63.11-63.15.......................................  Yes.                                                        
----------------------------------------------------------------------------------------------------------------
aWherever subpart A specifies ``postmark'' dates, submittals may be sent by methods other than the U.S. Mail    
  (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not necessarily 
  required.                                                                                                     
bThe plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission   
  points unless they are included in an emissions average.                                                      

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry for Process Vents, Storage Vessels, Transfer Operations, 
and Wastewater


Sec. 63.110  Applicability.

    (a) This subpart applies to all process vents, storage vessels, 
transfer racks, and wastewater streams within a source subject to 
subpart F of this part.
    (b) Overlap with other regulations for storage vessels.
    (1) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 or Group 2 storage vessel that is also 
subject to the provisions of 40 CFR part 60 subpart Kb is required to 
comply only with the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 storage vessel that is also subject to the 
provisions of 40 CFR part 61 subpart Y is required to comply only with 
the provisions of this subpart.
    (3) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 61 subpart Y is required to comply only with 
the provisions of 40 CFR part 61 subpart Y. The recordkeeping and 
reporting requirements of 40 CFR part 61 subpart Y will be accepted as 
compliance with the recordkeeping and reporting requirements of this 
subpart.
    (c) Overlap with other regulations for transfer racks.
    (1) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 transfer rack that is also subject to the 
provisions of 40 CFR part 61 subpart BB is required to comply only with 
the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 2 transfer rack that is also subject to the 
provisions of 40 CFR part 61 subpart BB is required to comply with the 
provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
    (i) If the transfer rack is subject to the control requirements 
specified in Sec. 61.302 of 40 CFR part 61 subpart BB, then the 
transfer rack is required to comply with the control requirements of 
Sec. 61.302 of 40 CFR part 61 subpart BB. The owner or operator may 
elect to comply with either the associated testing, monitoring, 
reporting, and recordkeeping requirements of 40 CFR part 61 subpart BB 
or with the testing, monitoring, recordkeeping, and reporting 
requirements specified in this subpart for Group 1 transfer racks. The 
owner or operator shall indicate this decision in either the 
Notification of Compliance Status specified in Sec. 63.152(b) of this 
subpart or in an operating permit application or amendment.
    (ii) If the transfer rack is subject only to reporting and 
recordkeeping requirements under 40 CFR part 61 subpart BB, then the 
transfer rack is required to comply only with the reporting and 
recordkeeping requirements specified in this subpart for Group 2 
transfer racks and is exempt from the reporting and recordkeeping 
requirements in 40 CFR part 61 subpart BB.
    (d) Overlap with other regulations for process vents.
    (1) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60 subpart III is required to comply only 
with the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60 subpart III shall 
determine requirements according to paragraphs (d)(2)(i) and (d)(2)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60 subpart III, the process 
vent is required to comply with the provisions in paragraphs 
(d)(2)(i)(A) through (d)(2)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60 
subpart III for process changes and recalculation of the TRE index 
value and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.612 of 40 CFR part 60 
subpart III. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60 subpart III or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60 subpart 
III, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60 
subpart III for process changes and recalculation of the TRE index 
value and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60 
subpart III require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60 subpart III require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60 subpart III for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (3) After the compliance dates specified in 63.100 of subpart F of 
this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 60 
subpart III elects to control the process vent to the levels required 
in Sec. 63.113 (a)(1) or (a)(2) of this subpart without calculating the 
TRE index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions 
of this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60 subpart III.
    (4) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60 subpart NNN is required to comply only 
with the provisions of this subpart.
    (5) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60 subpart NNN shall 
determine requirements according to paragraphs (d)(5)(i) and (d)(5)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60 subpart NNN, the process 
vent is required to comply with the provisions in paragraphs 
(d)(5)(i)(A) through (d)(5)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60 
subpart NNN for process changes and recalculation of the TRE index 
value and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.662 of 40 CFR part 60 
subpart NNN. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60 subpart NNN or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60 subpart 
NNN, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60 
subpart NNN for process changes and recalculation of the TRE index 
value and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60 
subpart NNN require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60 subpart NNN require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60 subpart NNN for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (6) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 60 
subpart NNN elects to control the process vent to the levels required 
in Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the 
TRE index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions 
of this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60 subpart NNN.
    (7) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60 subpart RRR is required to comply only 
with the provisions of this subpart.
    (8) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60 subpart RRR shall 
determine requirements according to paragraphs (d)(8)(i) and (d)(8)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60 subpart RRR, the process 
vent is required to comply with the provisions in paragraphs 
(d)(8)(i)(A) through (d)(8)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60 
subpart RRR for process changes and recalculation of the TRE index 
value and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.702 of 40 CFR part 60 
subpart RRR. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60 subpart RRR or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60 subpart 
RRR, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60 
subpart RRR for process changes and recalculation of the TRE index 
value and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60 
subpart RRR require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60 subpart RRR require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60 subpart RRR for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (9) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 60 
subpart RRR elects to control the process vent to the levels required 
in Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the 
TRE index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions 
of this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60 subpart RRR.
    (e) Overlap with other regulations for wastewater.
    (1) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 or Group 2 wastewater stream that is also 
subject to the provisions of 40 CFR part 61 subpart FF is required to 
comply with the provisions of both this subpart and 40 CFR part 61 
subpart FF.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 1 or Group 2 
wastewater stream that is also subject to provisions in 40 CFR parts 
260 through 272 shall comply with the requirements of either paragraph 
(e)(2)(i) or (e)(2)(ii) of this section.
    (i) For each Group 1 or Group 2 wastewater stream, the owner or 
operator shall comply with the more stringent control requirements 
(e.g., waste management units, numerical treatment standards, etc.) and 
the more stringent testing, monitoring, recordkeeping, and reporting 
requirements that overlap between the provisions of this subpart and 
the provisions of 40 CFR parts 260 through 272. The owner or operator 
shall keep a record of the information used to determine which 
requirements were the most stringent and shall submit this information 
if requested by the Administrator; or
    (ii) The owner or operator shall submit as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart or as 
part of an operating permit application a request for a case-by-case 
determination of requirements. The request shall include the 
information specified in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of 
this section.
    (A) Identification of the wastewater streams that are subject to 
this subpart and to provisions in 40 CFR parts 260 through 272, 
determination of the Group 1/Group 2 status of those streams, 
determination of whether or not those streams are listed or exhibit a 
characteristic as specified in 40 CFR part 261, and determination of 
whether the waste management unit is subject to permitting under 40 CFR 
part 270.
    (B) Identification of the specific control requirements (e.g., 
waste management units, numerical treatment standards, etc.) and 
testing, monitoring, recordkeeping, and reporting requirements that 
overlap between the provisions of this subpart and the provisions of 40 
CFR parts 260 through 272.
    (f) Overlap with the Vinyl Chloride NESHAP.
    (1) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 1 process vent that 
is also subject to the provisions of 40 CFR part 61 subpart F shall 
comply only with the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 2 process vent that 
is also subject to the provisions of 40 CFR part 61 subpart F shall 
comply with the provisions specified in either paragraph (f)(2)(i) or 
(f)(2)(ii) of this subpart.
    (i) If the process vent is already controlled by a combustion 
device meeting the requirements of 40 CFR part 61 subpart F, then the 
owner or operator shall comply with either the associated testing, 
monitoring, reporting, and recordkeeping provisions for Group 1 process 
vents in this subpart or the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 61 subpart F. The owner or 
operator shall indicate this decision in either the Notification of 
Compliance Status specified in Sec. 63.152(b) of this subpart or in an 
operating permit application or amendment.
    (ii) If the process vent is not already controlled by a combustion 
device, then the owner or operator shall comply with the provisions of 
both this subpart and 40 CFR part 61 subpart F.
    (3) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 61 
subpart F elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions 
of this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 61 subpart F.
    (4) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 1 or Group 2 
wastewater stream that is also subject to the provisions of 40 CFR part 
61 subpart F shall comply with the provisions of either paragraph 
(f)(4)(i) or (f)(4)(ii) of this section.
    (i) The owner or operator shall comply with the provisions of both 
this subpart and 40 CFR part 61 subpart F or
    (ii) The owner or operator may submit, as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart or as 
part of an operating permit application, information demonstrating how 
compliance with 40 CFR part 61 subpart F will also ensure compliance 
with this subpart. The information shall include a description of the 
testing, monitoring, reporting, and recordkeeping that will be 
performed.


Sec. 63.111  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart F of this part, and in this section, as follows.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Average concentration, as used in the wastewater provisions, means 
the flow-weighted annual average concentration, as determined according 
to the procedures specified in Sec. 63.144(b) of this subpart.
    Average flow rate, as used in the wastewater provisions, means the 
annual average flow rate, as determined according to the procedures 
specified in Sec. 63.144(e) of this subpart.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a chemical manufacturing 
process unit and distilled or reacted at one time. Batch operation 
includes noncontinuous operations in which the equipment is fed 
intermittently or discontinuously. Addition of raw material and 
withdrawal of product do not occur simultaneously in a batch operation. 
After each batch operation, the equipment is generally emptied before a 
fresh batch is started.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed-vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow inducing devices that transport gas or vapor from an 
emission point to a control device or back into the process.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic hazardous air pollutant vapors.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 
m3 in which a material is stored, transported, treated, or 
otherwise handled. Examples of containers are drums, barrels, tank 
trucks, barges, dumpsters, tank cars, dump trucks, and ships.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.152(f) of 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minute or more frequent block average values.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage vessel and 
the edge of the floating roof. A continuous seal may be a vapor-
mounted, liquid-mounted, or metallic shoe seal.
    Continuous vapor processing system means a vapor processing system 
that treats total organic compound vapors collected from tank trucks or 
railcars on a demand basis without intermediate accumulation in a vapor 
holder.
    Control device means any equipment used for recovering or oxidizing 
organic hazardous air pollutant vapors. Such equipment includes, but is 
not limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents, recovery 
devices are not considered control devices and for a steam stripper, a 
primary condenser is not considered a control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed and 
sealed to minimize air emissions. A cover may have openings necessary 
for operation, inspection, and maintenance of the waste management unit 
such as access hatches, sampling ports, and gauge wells provided that 
each opening is closed and sealed when not in use. Examples of covers 
include a fixed roof installed on a wastewater tank, a lid installed on 
a container, and an air-supported enclosure installed over a waste 
management unit.
    Distillate receiver means overhead receivers, overhead 
accumulators, reflux drums, and condenser(s) including ejector-
condenser(s) associated with a distillation unit.
    Distillation unit means a device or vessel in which one or more 
feed streams are separated into two or more exit streams, each exit 
stream having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Duct work means a conveyance system that does not meet the 
definition of hard-piping.
    External floating roof means a pontoon-type or double-deck-type 
cover that rests on the liquid surface in a storage vessel or waste 
management unit with no fixed roof.
    Fill or filling means the introduction of organic hazardous air 
pollutant into a storage vessel or the introduction of a wastewater 
stream or residual into a waste management unit, but not necessarily to 
complete capacity.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage vessel in a stationary manner and that does not move with 
fluctuations in liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a closure seal or seals to close the space between the 
roof edge and waste management unit or storage vessel wall.
    Flow indicator means a device which indicates whether gas flow is 
present in a line.
    Group 1 process vent means a process vent for which the flow rate 
is greater than or equal to 0.005 standard cubic meter per minute, the 
total organic HAP concentration is greater than or equal to 50 parts 
per million by volume, and the total resource effectiveness index 
value, calculated according to Sec. 63.115 of this subpart, is less 
than or equal to 1.0.
    Group 2 process vent means a process vent for which the flow rate 
is less than 0.005 standard cubic meter per minute, the total organic 
HAP concentration is less than 50 parts per million by volume or the 
total resource effectiveness index value, calculated according to 
Sec. 63.115 of this subpart, is greater than 1.0.
    Group 1 storage vessel means a storage vessel that meets the 
criteria for design storage capacity and stored-liquid maximum true 
vapor pressure specified in table 5 of this subpart for storage vessels 
at existing sources, and in table 6 of this subpart for storage vessels 
at new sources.
    Group 2 storage vessel means a storage vessel that does not meet 
the definition of a Group 1 storage vessel.
    Group 1 transfer rack means a transfer rack that annually loads 
greater than or equal to 0.65 million liter of liquid products that 
contain organic hazardous air pollutants with a rack weighted average 
vapor pressure greater than or equal to 10.3 kilopascals.
    Group 2 transfer rack means a transfer rack that does not meet the 
definition of Group 1 transfer rack.
    Group 1 wastewater stream means a process wastewater stream from a 
process unit at an existing or new source with a total volatile organic 
hazardous air pollutant average concentration greater than or equal to 
10,000 parts per million by weight of compounds listed in table 9 of 
this subpart at any flowrate; or a process wastewater stream from a 
process unit at an existing or new source that has an average flow rate 
greater than or equal to 10 liters per minute and a total volatile 
organic hazardous air pollutant average concentration greater than or 
equal to 1,000 parts per million by weight. A process wastewater stream 
from a process unit at a new source that has an average flow rate 
greater than or equal to 0.02 liter per minute and an average 
concentration of 10 parts per million by weight or greater of any one 
of the compounds listed in table 8 of this subpart is also considered a 
Group 1 wastewater stream. Average flow rate and total volatile organic 
hazardous air pollutant average concentration are determined for the 
point of generation of each process wastewater stream.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogenated vent stream or halogenated stream means a vent stream 
from a process vent or transfer operation determined to have a mass 
emission rate of halogen atoms contained in organic compounds of 0.45 
kilograms per hour or greater determined by the procedures presented in 
Sec. 63.115(d)(2)(v) of this subpart.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and 
hydrogen fluoride (HF).
    Hard-piping means tubing that is manufactured and properly 
installed using good engineering judgement and standards, such as ANSI 
B31-3.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by 
ducts or connections carrying flue gas. The above energy recovery 
section limitation does not apply to an energy recovery section used 
solely to permit the incoming vent stream or combustion air.
    Individual drain system means the system used to convey wastewater 
streams from a process unit, product storage tank, feed storage tank, 
or waste management unit to a waste management unit. The term includes 
all process drains and junction boxes, together with their associated 
sewer lines and other junction boxes, manholes, sumps, and lift 
stations, down to the receiving waste management unit. A segregated 
stormwater sewer system, which is a drain and collection system 
designed and operated for the sole purpose of collecting rainfall-
runoff at a facility, and which is segregated from all other individual 
drain systems, is excluded from this definition.
    Intermittent vapor processing system means a vapor processing 
system that employs an intermediate vapor holder to accumulate total 
organic compound vapors collected from tank trucks or railcars, and 
treats the accumulated vapors only during automatically controlled 
cycles.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage vessel or waste management unit that has a permanently 
affixed roof.
    Junction box means a manhole or access point to a wastewater sewer 
system line or a lift station.
    Liquid-mounted seal means a foam- or liquid-filled seal mounted in 
contact with the liquid between the wall of the storage vessel or waste 
management unit and the floating roof. The seal is mounted continuously 
around the circumference of the vessel or unit.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases, as 
measured by the flow indicator.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e., do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Mass flow rate, as used in the wastewater provisions, means the 
mass of a constituent in a wastewater stream, determined by multiplying 
the average concentration of that constituent in the wastewater stream 
by the annual volumetric flow rate and density of the wastewater 
stream.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP's in the stored or transferred liquid 
at the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or 
transferred above or below the ambient temperature or at the local 
maximum monthly average temperature as reported by the National Weather 
Service for liquids stored or transferred at the ambient temperature, 
as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14 of 
subpart A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 
of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means a metal sheet that 
is held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and is connected to the floating 
roof by braces or other means. A flexible coated fabric (envelope) 
spans the annular space between the metal sheet and the floating roof.
    Non-automated monitoring and recording system means manual reading 
of values measured by monitoring instruments and manual transcription 
of those values to create a record. Non-automated systems do not 
include strip charts.
    Oil-water separator or organic-water separator means a waste 
management unit, generally a tank used to separate oil or organics from 
water. An oil-water or organic-water separator consists of not only the 
separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that 
are located directly after the individual drain system and prior to 
additional treatment units such as an air flotation unit, clarifier, or 
biological treatment unit. Examples of an oil-water or organic-water 
separator include, but are not limited to, an American Petroleum 
Institute separator, parallel-plate interceptor, and corrugated-plate 
interceptor with the associated ancillary equipment.
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic hazardous air pollutant or organic HAP means any of the 
chemicals listed in table 2 of subpart F of this part.
    Organic monitoring device means a unit of equipment used to 
indicate the concentration level of organic compounds exiting a 
recovery device based on a detection principle such as infra-red, 
photoionization, or thermal conductivity.
    Point of generation means the location where process wastewater 
exits the process unit equipment.

    [Note: The regulation allows determination of the 
characteristics of a wastewater stream (1) at the point of 
generation or (2) downstream of the point of generation if 
corrections are made for changes in flow rate and VOHAP 
concentration. Such changes include losses by air emissions; 
reduction of VOHAP concentration or changes in flow rate by mixing 
with other water or wastewater streams; and reduction in flow rate 
or VOHAP concentration by treating or otherwise handling the 
wastewater stream to remove or destroy HAP's.]

    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel directly to process streams or to heat transfer liquids 
other than water.
    Process unit has the same meaning as chemical manufacturing process 
unit as defined in Sec. 63.101 of subpart F of this part and means the 
equipment assembled and connected by pipes or ducts to process raw 
materials and to manufacture an intended product. For the purpose of 
this subpart, process unit or chemical manufacturing process unit 
includes air oxidation reactors and their associated product separators 
and recovery devices; reactors and their associated product separators 
and recovery devices; distillation units and their associated 
distillate receivers and recovery devices; associated unit operations 
(as defined in this section); and any feed, intermediate and product 
storage vessels, product transfer racks, and connected ducts and 
piping. A chemical manufacturing process unit includes pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, and control devices or systems. A chemical 
manufacturing process unit is identified by its primary product.
    Process wastewater stream means a stream that contains process 
wastewater as defined in Sec. 63.101 of subpart F of this part.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Product tank, as used in the wastewater provisions, means a 
stationary unit that is designed to contain an accumulation of 
materials that are fed to or produced by a process unit, and is 
constructed primarily of non-earthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. This term has the 
same meaning as a product storage vessel.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Rack-weighted average partial pressure means the throughput 
weighted average of the average maximum true vapor pressure of liquids 
containing organic HAP's transferred at a transfer rack. The rack-
weighted average partial pressure shall be calculated using the 
equation below:

TR22AP94.200

where:

P=Rack-weighted average partial pressure, kilopascals.
Pi=Individual HAP maximum true vapor pressure, kilopascals.
Gi=Yearly volume of individual organic HAP transferred at the 
rack, liters.

    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way 
that their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recovery device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals for use, reuse, or 
sale. Recovery devices include, but are not limited to, absorbers, 
carbon adsorbers, and condensers.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or 
equipment damage.
    Reference control technology for process vents means a combustion 
device used to reduce organic HAP emissions by 98 percent, or to an 
outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart, an external floating roof meeting the specifications of 
Sec. 63.119(c) of this subpart, an external floating roof converted to 
an internal floating roof meeting the specifications of Sec. 63.119(d) 
of this subpart, or a closed-vent system to a control device achieving 
95-percent reduction in organic HAP emissions. For purposes of 
emissions averaging, these four technologies are considered equivalent.
    Reference control technology for transfer racks means a combustion 
device or recovery device used to reduce organic HAP emissions by 98 
percent, or to an outlet concentration of 20 parts per million by 
volume; or a vapor balancing system.
    Reference control technology for wastewater means the use of: (1) 
Controls specified in Sec. 63.133 through Sec. 63.137;
    (2) A steam stripper meeting the specifications of Sec. 63.138(g) 
of this subpart or any of the other alternative control measures 
specified in Sec. 63.138 (b), (c), (d), and (e) of this subpart; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from wastewater 
tanks, oil-water separators, containers, surface impoundments, 
individual drain systems, and treatment processes (including the design 
steam stripper) managing wastewater.
    Residual means any HAP-containing water or organic that is removed 
from a wastewater stream by a waste management unit or treatment 
process that does not destroy organics (nondestructive unit). Examples 
of residuals from nondestructive wastewater management units are: The 
organic layer and bottom residue removed by a decanter or organic-water 
separator and the overheads from a steam stripper or air stripper. 
Examples of materials which are not residuals are: Silt; mud; leaves; 
bottoms from a steam stripper or air stripper; and sludges, ash, or 
other materials removed from wastewater being treated by destructive 
devices such as biological treatment units and incinerators.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Simultaneous loading means, for a shared control device, loading of 
organic HAP materials from more than one transfer arm at the same time 
such that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared 
control device.
    Single-seal system means a floating roof having one continuous seal 
that completely covers the space between the wall of the storage vessel 
and the edge of the floating roof. This seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Specific gravity monitoring device means a unit of equipment used 
to monitor specific gravity and having an accuracy of 0.02 
specific gravity units.
    Steam jet ejector means a steam nozzle which discharges a high-
velocity jet across a suction chamber that is connected to the 
equipment to be evacuated.
    Surface impoundment means a waste management unit which is a 
natural topographic depression, manmade excavation, or diked area 
formed primarily of earthen materials (although it may be lined with 
manmade materials), which is designed to hold an accumulation of liquid 
wastes or waste containing free liquids. A surface impoundment is used 
for the purpose of treating, storing, or disposing of wastewater or 
residuals, and is not an injection well. Examples of surface 
impoundments are equalization, settling, and aeration pits, ponds, and 
lagoons.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius or 
0.5 degrees Celsius ( deg.C), whichever is greater.
    The 33/50 program means a voluntary pollution prevention initiative 
established and administered by the EPA to encourage emissions 
reductions of 17 chemicals emitted in large volumes by industrial 
facilities. The EPA Document Number 741-K-92-001 provides more 
information about the 33/50 program.
    Total organic compounds or TOC, as used in the process vents 
provisions, means those compounds measured according to the procedures 
of Method 18 of 40 CFR part 60, appendix A.
    Total volatile organic hazardous air pollutant concentration means 
the sum of the concentrations of all individually-speciated organic 
HAP's, as measured by Method 305 in appendix A of this part.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based 
on vent stream flow rate, emission rate of organic HAP, net heating 
value, and corrosion properties (whether or not the vent stream 
contains halogenated compounds), as quantified by the equations given 
under Sec. 63.115 of this subpart.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a 
steam stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec. 63.138 of this subpart. Most 
treatment processes are conducted in tanks. Treatment processes are a 
subset of waste management units.
    Vapor collection system, as used in the transfer provisions, means 
the equipment used to collect and transport organic HAP vapors 
displaced during the loading of tank trucks or railcars. This does not 
include the vapor collection system that is part of any tank truck or 
railcar vapor collection manifold system.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall of the storage vessel or waste 
management unit and the edge of the floating roof and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Vent stream, as used in the process vent provisions, means a 
process vent as defined in Sec. 63.101 of subpart F of this part.
    Volatile organic concentration or VO concentration refers to the 
concentration of organic compounds (including both HAP and non-HAP 
organic compounds) in a wastewater stream that is measured by Method 
25D, as found in 40 CFR part 60, appendix A.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the concentration of an individually-speciated 
organic HAP in a wastewater stream or a residual that is measured by 
Method 305 in appendix A of this part.
    Waste management unit means any component, piece of equipment, 
structure, or transport mechanism used in conveying, storing, treating, 
or disposing of wastewater streams or residuals. Examples of waste 
management units include wastewater tanks, air flotation units, surface 
impoundments, containers, oil-water or organic-water separators, 
individual drain systems, biological treatment units, waste 
incinerators, and organic removal devices such as decanters, steam and 
air stripper units, and thin-film evaporation units.
    Wastewater stream means a stream that contains only wastewater as 
defined in Sec. 63.101 of subpart F of this part.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of non-earthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g, flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.


Sec. 63.112   Emission standard.

    (a) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's 
to the level represented by the following equation:

EA = 0.02EPV1 + EPV2 + 
0.05ES1 + ES2 + 0.02ETR1 + 
ETR2 + EWW1C + EWW2

where:

EA = Emission rate, megagrams per year, allowed for the source.
0.02EPV1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 process vents, as defined in Sec. 63.111 of this 
subpart.
EPV2 = Sum of the emissions, megagrams per year, from all 
Group 2 process vents as defined in Sec. 63.111 of this subpart.
0.05ES1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 storage vessels, as defined in Sec. 63.111 of 
this subpart.
ES2 = Sum of the emissions, megagrams per year, from all 
Group 2 storage vessels, as defined in Sec. 63.111 of this subpart.
0.02ETR1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 transfer racks, as defined in Sec. 63.111 of 
this subpart.
ETR2 = Sum of the emissions, megagrams per year, from all 
Group 2 transfer racks, as defined in Sec. 63.111 of this subpart.
EWW1C = Sum of the residual emissions from all Group 1 
wastewater streams, as defined in Sec. 63.111 of this subpart. This 
term is calculated for each Group 1 stream according to the equation 
for EWW1C in Sec. 63.150(g)(5)(i) of this subpart.
EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.111 of this subpart.

The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (b) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's 
to the level represented by the equation in paragraph (a) of this 
section.
    (c) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (a) of this section 
by following the procedures specified in paragraph (e) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (f) of this section for some 
emission points and the procedures specified in paragraph (e) of this 
section for all other emission points within the source.
    (d) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (b) of this section 
only by following the procedures in paragraph (e) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (e) The owner or operator of an existing or new source may comply 
with the process vent provisions in Secs. 63.113 through 63.118 of this 
subpart, the storage vessel provisions in Secs. 63.119 through 63.123 
of this subpart, the transfer operation provisions in Secs. 63.126 
through 63.130 of this subpart, the wastewater provisions in 
Secs. 63.131 through 63.147 of this subpart, and the leak inspection 
provisions in Sec. 63.148 of this subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.151 and Sec. 63.152 of this 
subpart, as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(a) of this section.
    (f) The owner or operator of an existing source may elect to 
control some of the emission points within the source to different 
levels than specified under Secs. 63.113 through 63.148 of this subpart 
by using an emissions averaging compliance approach as long as the 
overall emissions for the source do not exceed the emission level 
specified in paragraph (a) of this section. The owner or operator using 
emissions averaging must meet the requirements in paragraphs (f)(1) and 
(f)(2) of this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average as specified in Sec. 63.150 of this 
subpart; and
    (2) Comply with the requirements of Sec. 63.151 and Sec. 63.152 of 
this subpart, as applicable.
    (g) A State may restrict the owner or operator of an existing 
source to using only the procedures in paragraph (e) of this section to 
comply with the emission standard in paragraph (a) of this section.


Sec. 63.113  Process vent provisions--reference control technology.

    (a) The owner or operator of a Group 1 process vent as defined in 
subpart F of this part and in this subpart shall comply with the 
requirements of paragraph (a)(1), (a)(2), or (a)(3) of this section.
    (1) Reduce emissions of organic HAP using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) 
of subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (2) Reduce emissions of total organic HAP by 98 weight-percent or 
to a concentration of 20 parts per million by volume, on a dry basis, 
corrected to 3 percent oxygen, whichever is less stringent. Compliance 
can be determined by measuring either organic HAP or TOC using the 
procedures in Sec. 63.116 of this subpart.
    (3) Achieve and maintain a TRE index value greater than 1.0 at the 
outlet of the final recovery device, or prior to release of the vent 
stream to the atmosphere if no recovery device is present. In this 
case, the vent shall comply with the provisions for a Group 2 process 
vent specified in either paragraph (d) or (e) of this section, 
whichever is applicable.
    (b) If a boiler or process heater is used to comply with the 
percent reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such a device.
    (c) Halogenated Group 1 process vent streams that are combusted 
shall be controlled according to paragraph (c)(1) or (c)(2) of this 
section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
of this section for a halogenated vent stream, then the vent stream 
shall be ducted from the combustion device to an additional control 
device, including but not limited to a scrubber, before it is 
discharged to the atmosphere.
    (i) Except as provided in paragraph (c)(1)(ii) of this section, the 
additional control device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilogram per hour, whichever is less 
stringent.
    (ii) If a scrubber or other halogen control device was installed 
prior to December 31, 1992, the control device shall reduce overall 
emissions of hydrogen halides and halogens, as defined in Sec. 63.111 
of this subpart, by 95 percent or shall reduce the outlet mass of total 
hydrogen halides and halogens to less than 0.45 kilograms per hour, 
whichever is less stringent.
    (2) A control device, such as a scrubber, or other technique may be 
used to reduce the vent stream halogen atom mass emission rate to less 
than 0.45 kilogram per hour prior to any combustion control device, and 
thus make the vent stream nonhalogenated; the vent stream must comply 
with the requirements of paragraph (a)(1) or (a)(2) of this section.
    (d) The owner or operator of a Group 2 process vent having a flow 
rate greater than or equal to 0.005 standard cubic meter per minute, a 
HAP concentration greater than or equal to 50 parts per million by 
volume, and a TRE index value greater than 1.0 but less than or equal 
to 4.0 shall maintain a TRE index value greater than 1.0 and shall 
comply with the monitoring of recovery device parameters in 
Sec. 63.114(b) or (c) of this subpart, the TRE index calculations of 
Sec. 63.115 of this subpart, and the applicable reporting and 
recordkeeping provisions of Secs. 63.117 and 63.118 of this subpart. 
Such owner or operator is not subject to any other provisions of 
Secs. 63.114 through 63.118 of this subpart.
    (e) The owner or operator of a Group 2 process vent with a TRE 
index greater than 4.0 shall maintain a TRE index value greater than 
4.0, comply with the provisions for calculation of TRE index in 
Sec. 63.115 of this subpart and the reporting and recordkeeping 
provisions in Sec. 63.117(b) of this subpart, Sec. 63.118(c) of this 
subpart, and Sec. 63.118(h) of this subpart, and is not subject to 
monitoring or any other provisions of Secs. 63.114 through 63.118 of 
this subpart.
    (f) The owner or operator of a Group 2 process vent with a flow 
rate less than 0.005 standard cubic meter per minute shall maintain a 
flow rate less than 0.005 standard cubic meter per minute; comply with 
the Group determination procedures in Sec. 63.115 (a), (b), and (e) of 
this subpart; and the reporting and recordkeeping requirements in 
Sec. 63.117(c) of this subpart, Sec. 63.118(d) of this subpart, and 
Sec. 63.118(i) of this subpart; and is not subject to monitoring or any 
other provisions of Secs. 63.114 through 63.118 of this subpart.
    (g) The owner or operator of a Group 2 process vent with a 
concentration less than 50 parts per million by volume shall maintain a 
concentration less than 50 parts per million by volume; comply with the 
Group determination procedures in Sec. 63.115 (a), (c), and (e) of this 
subpart; the reporting and recordkeeping requirements in Sec. 63.117(d) 
of this subpart, Sec. 63.118(e) of this subpart, and Sec. 63.118(j) of 
this subpart; and is not subject to monitoring or any other provisions 
of Secs. 63.114 through 63.118 of this subpart.
    (h) The owner or operator of a process vent complying with 
paragraph (a)(1) or (a)(2) of this section is not required to perform 
the group determination described in Sec. 63.115 of this subpart.


Sec. 63.114  Process vent provisions--monitoring requirements.

    (a) Each owner or operator of a process vent that uses a combustion 
device to comply with the requirements in Sec. 63.113 (a)(1) or (a)(2) 
of this subpart shall install monitoring equipment specified in 
paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section, depending 
on the type of combustion device used. All monitoring equipment shall 
be installed, calibrated, maintained, and operated according to 
manufacturers specifications.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the firebox 
or in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, the following monitoring equipment is 
required: A device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously 
detecting the presence of a pilot flame.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: A temperature monitoring device in the firebox equipped 
with a continuous recorder. Any boiler or process heater in which all 
vent streams are introduced with primary fuel or are used as the 
primary fuel is exempt from this requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or 
process heater in the case of halogenated vent streams, the following 
monitoring equipment is required for the scrubber.
    (i) A pH monitoring device equipped with a continuous recorder 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) Flow meters equipped with continuous recorders shall be 
located at the scrubber influent for liquid flow and the scrubber inlet 
for gas stream flow.
    (b) Each owner or operator of a process vent with a TRE index value 
greater than 1.0 as specified under Sec. 63.113(a)(3) or Sec. 63.113(d) 
of this subpart, that uses one or more product recovery devices shall 
install either an organic monitoring device equipped with a continuous 
recorder or the monitoring equipment specified in paragraph (b)(1), 
(b)(2), or (b)(3) of this section, depending on the type of recovery 
device used. All monitoring equipment shall be installed, calibrated, 
and maintained according to the manufacturers specifications. 
Monitoring is not required for process vents with TRE index values 
greater than 4.0 as specified in Sec. 63.113(e) of this subpart.
    (1) Where an absorber is the final recovery device in the recovery 
system, a scrubbing liquid temperature monitoring device and a specific 
gravity monitoring device, each equipped with a continuous recorder 
shall be used;
    (2) Where a condenser is the final recovery device in the recovery 
system, a condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder shall be used;
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, an integrating regeneration stream flow monitoring 
device having an accuracy of 10 percent, capable of 
recording the total regeneration stream mass flow for each regeneration 
cycle; and a carbon bed temperature monitoring device, capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle shall be used.
    (c) An owner or operator of a process vent may request approval to 
monitor parameters other than those listed in paragraph (a) or (b) of 
this section. The request shall be submitted according to the 
procedures specified in Sec. 63.151(f) or Sec. 63.152(e) of this 
subpart. Approval shall be requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, 
process heater, or flare; or
    (2) Maintains a TRE greater than 1.0 but less than or equal to 4.0 
without a recovery device or with a recovery device other than the 
recovery devices listed in paragraphs (a) and (b) of this section; or
    (3) Uses one of the control or recovery devices listed in 
paragraphs (a) and (b) of this section, but seeks to monitor a 
parameter other than those specified in paragraphs (a) and (b) of this 
section.
    (d) The owner or operator of a process vent using a vent system 
that contains bypass lines that could divert a vent stream away from 
the control device used to comply with Sec. 63.113 (a)(1) or (a)(2) of 
this subpart shall comply with paragraph (d)(1) or (d)(2) of this 
section. Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, and pressure relief valves needed 
for safety purposes are not subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.118(a)(3) 
of this subpart. The flow indicator shall be installed at the entrance 
to any bypass line that could divert the vent stream away from the 
control device to the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control or recovery device for each parameter 
monitored under paragraphs (a), (b), and (c) of this section. In order 
to establish the range, the information required in Sec. 63.152(b) of 
this subpart shall be submitted in the Notification of Compliance 
Status or the operating permit application or amendment.


Sec. 63.115  Process vent provisions--methods and procedures for 
process vent group determination.

    (a) For purposes of determining process vent stream flow rate, 
total organic HAP or TOC concentration or TRE index value, as specified 
under paragraph (b), (c), or (d) of this section, the sampling site 
shall be after the last product recovery device (if any recovery 
devices are present) but prior to the inlet of any control device that 
is present, prior to any dilution of the process vent stream, and prior 
to release to the atmosphere.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (b) To demonstrate that a process vent stream flow rate is less 
than 0.005 standard cubic meter per minute in accordance with the Group 
2 process vent definition of this subpart, the owner or operator shall 
measure flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (c) Each owner or operator seeking to demonstrate that a process 
vent stream has an organic HAP concentration below 50 parts per million 
by volume in accordance with the Group 2 process vent definition of 
this subpart shall measure either total organic HAP or TOC 
concentration using the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used.
    (3) Where Method 18 of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15 minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) of this section as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:

TR22AP94.201

where:

CTOC=Concentration of TOC (minus methane and ethane), dry basis, 
parts per million by volume.
Cji=Concentration of sample component j of the sample i, dry 
basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (4) Where Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume TOC concentration:
    (i) Method 25A of 40 CFR part 60, appendix A shall be used only if 
a single organic HAP compound is greater than 50 percent of total 
organic HAP, by volume, in the process vent stream.
    (ii) The process vent stream composition may be determined by 
either process knowledge, test data collected using an appropriate EPA 
method or a method or data validated according to the protocol in 
Method 301 of appendix A of this part. Examples of information that 
could constitute process knowledge include calculations based on 
material balances, process stoichiometry, or previous test results 
provided the results are still relevant to the current process vent 
stream conditions.
    (iii) The organic HAP used as the calibration gas for Method 25A of 
40 CFR part 60, appendix A shall be the single organic HAP compound 
present at greater than 50 percent of the total organic HAP by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be 50 parts per million by volume.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of 40 CFR 
part 60, appendix A is below 25 parts per million by volume to be 
considered a Group 2 vent with an organic HAP concentration below 50 
parts per million by volume and to qualify for the low concentration 
exclusion in Sec. 63.113(g) of this subpart.
    (d) To determine the TRE index value, the owner or operator shall 
conduct a TRE determination and calculate the TRE index value according 
to the procedures in paragraph (d)(1) or (d)(2) of this section and the 
TRE equation in paragraph (d)(3) of this section.
    (1) Engineering assessment may be used to determine process vent 
stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate for the representative operating condition 
expected to yield the lowest TRE index value.
    (i) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is greater 
than 4.0, then the owner or operator is not required to perform the 
measurements specified in paragraph (d)(2) of this section.
    (ii) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is less than 
or equal to 4.0, then the owner or operator is required to perform the 
measurements specified in paragraph (d)(2) of this section for group 
determination or consider the process vent a Group 1 vent and comply 
with the emission reduction specified in Sec. 63.113(a) of this 
subpart.
    (iii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, TOC emission rate, organic HAP emission 
rate, or net heating value limit specified or implied within a permit 
limit applicable to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions,
    (4) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (2) Except as provided in paragraph (d)(1) of this section, process 
vent stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate shall be measured and calculated according to 
the procedures in paragraphs (d)(2)(i) through (d)(2)(v) of this 
section and used as input to the TRE index value calculation in 
paragraph (d)(3) of this section.
    (i) The vent stream volumetric flow rate (Qs), in standard 
cubic meters per minute at 20  deg.C, shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. If the 
vent stream tested passes through a final steam jet ejector and is not 
condensed, the stream volumetric flow shall be corrected to 2.3 percent 
moisture.
    (ii) The molar composition of the process vent stream, which is 
used to calculate net heating value, shall be determined using the 
following methods:
    (A) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (B) American Society for Testing and Materials D1946-77 to measure 
the concentration of carbon monoxide and hydrogen.
    (C) Method 4 of 40 CFR part 60, appendix A to measure the moisture 
content of the stack gas.
    (iii) The net heating value of the vent stream shall be calculated 
using the following equation:

TR22AP94.202

where:

HT=Net heating value of the sample, megaJoule per standard cubic 
meter, where the net enthalpy per mole of vent stream is based on 
combustion at 25  deg.C and 760 millimeters of mercury, but the 
standard temperature for determining the volume corresponding to one 
mole is 20  deg.C, as in the definition of Qs (vent stream flow 
rate).
Kl=Constant, 1.740 x 10-7 (parts per million)-1 (gram-
mole per standard cubic meter) (megaJoule per kilocalorie), where 
standard temperature for (gram-mole per standard cubic meter) is 20 
deg.C.
Bws=Water vapor content of the vent stream, proportion by volume; 
except that if the vent stream passes through a final steam jet and is 
not condensed, it shall be assumed that Bws=0.023 in order to 
correct to 2.3 percent moisture.
Cj=Concentration on a dry basis of compound j in parts per 
million, as measured for all organic compounds by Method 18 of 40 CFR 
part 60, appendix A and measured for hydrogen and carbon monoxide by 
American Society for Testing and Materials D1946-77 as indicated in 
paragraph (d)(2)(ii) of this section.
Hj=Net heat of combustion of compound j, kilocalorie per gram-
mole, based on combustion at 25  deg.C and 760 millimeters mercury. The 
heats of combustion of vent stream components shall be determined using 
American Society for Testing and Materials D2382-76 if published values 
are not available or cannot be calculated.

    (iv) The emission rate of TOC (minus methane and ethane) 
(ETOC) and the emission rate of total organic HAP (EHAP) in 
the vent stream shall both be calculated using the following equation:

TR22AP94.203

where:

E=Emission rate of TOC (minus methane and ethane) or emission rate of 
total organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minutes/hour), where 
standard temperature for (gram-mole per standard cubic meter) is 
20 deg.C.
Cj=Concentration on a dry basis of organic compound j in parts per 
million as measured by Method 18 of 40 CFR part 60, appendix A as 
indicated in paragraph (d)(2)(ii) of this section. If the TOC emission 
rate is being calculated, Cj includes all organic compounds 
measured minus methane and ethane; if the total organic HAP emission 
rate is being calculated, only organic HAP compounds listed in table 2 
in subpart F of this part are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Vent stream flow rate, dry standard cubic meter per minute, at 
a temperature of 20 deg.C.

    (v) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds 
shall be calculated.
    (A) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on the following procedures:
    (1) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (2) Applicable engineering assessment as discussed in paragraph 
(d)(1)(iii) of this section, or
    (3) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (4) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (B) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:

TR22AP94.204

where:

E=mass of halogen atoms, dry basis, kilogram per hour.
K2=Constant, 2.494 x 10-6 (parts per million)-1 
(kilogram-mole per standard cubic meter) (minute/hour), where standard 
temperature is 20 deg.C.
Cj=Concentration of halogenated compound j in the gas stream, dry 
basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the gas 
stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas stream.
Q=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to paragraph (d)(1) or (d)(2)(i) of this section.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (3) The owner or operator shall calculate the TRE index value of 
the vent stream using the equations and procedures in this paragraph.
    (i) The equation for calculating the TRE index for a vent stream 
controlled by a flare or incinerator is as follows:

TR22AP94.205

where:

TRE=TRE index value.
EHAP=Hourly emission rate of total organic HAP, kilograms per 
hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
Qs=Vent stream flow rate, standard cubic meters per minute, at a 
standard temperature of 20  deg.C, as calculated in paragraph (d)(1) or 
(d)(2)(i) of this section.
HT=Vent stream net heating value, megaJoules per standard cubic 
meter, as calculated in paragraph (d)(1) or (d)(2)(iii) of this 
section.
ETOC=Emission rate of TOC (minus methane and ethane), kilograms 
per hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this 
section.
a,b,c,d=Coefficients presented in table 1 of this subpart, selected in 
accordance with paragraphs (d)(3)(ii) and (iii) of this section.

    (ii) The owner or operator of a nonhalogenated vent stream shall 
calculate the TRE index value based on the use of a flare, a thermal 
incinerator with 0 percent heat recovery, and a thermal incinerator 
with 70 percent heat recovery and shall select the lowest TRE index 
value. The owner or operator shall use the applicable coefficients in 
table 1 of this subpart for nonhalogenated vent streams located within 
existing sources and the applicable coefficients in table 2 of this 
subpart for nonhalogenated vent streams located within new sources.
    (iii) The owner or operator of a halogenated vent stream shall 
calculate the TRE index value based on the use of a thermal incinerator 
with 0 percent heat recovery, and a scrubber. The owner or operator 
shall use the applicable coefficients in table 1 of this subpart for 
halogenated vent streams located within existing sources and the 
applicable coefficients in table 2 of this subpart for halogenated vent 
streams located within new sources.
    (e) The owner or operator of a Group 2 process vent shall 
recalculate the TRE index value, flow, or organic HAP concentration for 
each process vent, as necessary to determine whether the vent is Group 
1 or Group 2, whenever process changes are made. Examples of process 
changes include, but are not limited to, changes in production 
capacity, production rate, feedstock type, or catalyst type, or 
whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph, process changes do not 
include: Process upsets; unintentional, temporary process changes; and 
changes that are within the range on which the original TRE calculation 
was based.
    (1) The TRE index value, flow rate, or organic HAP concentration 
shall be recalculated based on measurements of vent stream flow rate, 
TOC, and organic HAP concentrations, and heating values as specified in 
Sec. 63.115 (a), (b), (c), and (d) of this subpart, as applicable, or 
on best engineering assessment of the effects of the change. 
Engineering assessments shall meet the specifications in paragraph 
(d)(1) of this section.
    (2) Where the recalculated TRE index value is less than or equal to 
1.0, or less than or equal to 4.0 but greater than 1.0, the 
recalculated flow rate is greater than or equal to 0.005 standard cubic 
meter per minute, or the recalculated concentration is greater than or 
equal to 50 parts per million by volume, the owner or operator shall 
submit a report as specified in Sec. 63.118 (g), (h), (i), or (j) of 
this subpart and shall comply with the appropriate provisions in 
Sec. 63.113 of this subpart by the dates specified in Sec. 63.100 of 
subpart F of this part.


Sec. 63.116  Process vent provisions--performance test methods and 
procedures to determine compliance.

    (a) When a flare is used to comply with Sec. 63.113(a)(1) of this 
subpart, the owner or operator shall comply with the flare provisions 
in Sec. 63.11(b) of subpart A of this part.
    (1) The compliance determination required by Sec. 63.6(h) of 
subpart A of this part shall be conducted using Method 22 of 40 CFR 
part 60, appendix A, to determine visible emissions.
    (2) An owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration when a flare is used.
    (b) An owner or operator is not required to conduct a performance 
test when any control device specified in paragraphs (b)(1) through 
(b)(4) of this section is used.
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater into which the process vent stream 
is introduced with the primary fuel or is used as the primary fuel.
    (3) A control device for which a performance test was conducted for 
determining compliance with an NSPS and the test was conducted using 
the same procedures specified in this section and no process changes 
have been made since the test.
    (4) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (c) Except as provided in paragraphs (a) and (b) of this section, 
an owner or operator using a control device to comply with the organic 
HAP concentration limit or percent reduction efficiency requirements in 
Sec. 63.113(a)(2) of this subpart shall conduct a performance test 
using the procedures in paragraphs (c)(1) through (c)(4) of this 
section. The organic HAP concentration and percent reduction may be 
measured as either total organic HAP or as TOC minus methane and ethane 
according to the procedures specified.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.
    (i) For determination of compliance with the 98 percent reduction 
of total organic HAP requirement of Sec. 63.113(a)(2) of this subpart, 
sampling sites shall be located at the inlet of the control device as 
specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section, 
and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a process vent stream is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP or TOC 
(minus methane and ethane) concentrations in all process vent streams 
and primary and secondary fuels introduced into the boiler or process 
heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total organic HAP limit in Sec. 63.113(a)(2) of this subpart, 
the sampling site shall be located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total organic HAP limit in Sec. 63.113(a)(2) of this subpart, the owner 
or operator shall use Method 18 of 40 CFR part 60, appendix A to 
measure either TOC minus methane and ethane or total organic HAP. 
Alternatively, any other method or data that has been validated 
according to the applicable procedures in Method 301 of appendix A of 
this part, may be used. The following procedures shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total organic HAP shall be calculated according to paragraph 
(c)(3)(ii)(A) or (c)(3)(ii)(B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:

TR22AP94.206

where:

CTOC=Concentration of TOC (minus methane and ethane), dry basis, 
parts per million by volume.
Cji=Concentration of sample components j of sample i, dry basis, 
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (iii) The concentration of TOC or total organic HAP shall be 
corrected to 3 percent oxygen if a combustion device is the control 
device.
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2d). The samples shall be taken during the same time that the 
TOC (minus methane or ethane) or total organic HAP samples are taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) shall 
be computed using either of the following equations:

TR22AP94.207

where:

Cc=Concentration of TOC or organic HAP corrected to 3 percent 
oxygen, dry basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane) or organic HAP, 
dry basis, parts per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (4) To determine compliance with the 98 percent reduction 
requirement of Sec. 63.113(a)(2) of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A; alternatively, any 
other method or data that has been validated according to the 
applicable procedures in Method 301 of appendix A of this part may be 
used. The following procedures shall be used to calculate percent 
reduction efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals 
during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or 
total organic HAP (Ei, Eo) shall be computed.
    (A) The following equations shall be used:

TR22AP94.208


TR22AP94.209

where:

Cij, Coj=Concentration of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, dry 
basis, parts per million by volume.
Ei, Eo=Mass rate of TOC (minus methane and ethane) or total 
organic HAP at the inlet and outlet of the control device, 
respectively, dry basis, kilogram per hour.
Mij, Moj=Molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.
K2=Constant, 2.494  x  10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minute/hour), where 
standard temperature (gram-mole per standard cubic meter) is 20  deg.C.
    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A are summed using the equation in paragraph 
(c)(4)(ii)(A) of this section.
    (C) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using the equation in 
paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is 
provided in table 2 of subpart F of this part.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total organic HAP shall be calculated as follows:

TR22AP94.210

where:

R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total organic 
HAP at the inlet to the control device as calculated under paragraph 
(c)(4)(ii) of this section, kilograms TOC per hour or kilograms organic 
HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total organic 
HAP at the outlet of the control device, as calculated under paragraph 
(c)(4)(ii) of this section, kilograms TOC per hour or kilograms organic 
HAP per hour.

    (iv) If the process vent stream entering a boiler or process heater 
with a design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic HAP or TOC (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total 
organic HAP exiting the combustion device, respectively.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other control device to control halogenated process vent 
streams in compliance with Sec. 63.113(c)(1) of this subpart shall 
conduct a performance test to determine compliance with the control 
efficiency or emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the 
percent reduction of total hydrogen halides and halogens, sampling 
sites shall be located at the inlet and outlet of the scrubber or other 
control device used to reduce halogen emissions. For an owner or 
operator determining compliance with the less than 0.45 kilogram per 
hour outlet emission limit for total hydrogen halides and halogens, the 
sampling site shall be located at the outlet of the scrubber or other 
control device and prior to any releases to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or Method 26A of 40 CFR part 60, appendix A, shall be used to 
determine the concentration, in milligrams per dry standard cubic 
meter, of total hydrogen halides and halogens that may be present in 
the vent stream. The mass emissions of each hydrogen halide and halogen 
compound shall be calculated from the measured concentrations and the 
gas stream flow rate.
    (3) To determine compliance with the percent removal efficiency, 
the mass emissions for any hydrogen halides and halogens present at the 
inlet of the scrubber or other control device shall be summed together. 
The mass emissions of the compounds present at the outlet of the 
scrubber or other control device shall be summed together. Percent 
reduction shall be determined by comparison of the summed inlet and 
outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour outlet emission limit, the test results must show that the mass 
emission rate of total hydrogen halides and halogens measured at the 
outlet of the scrubber or other control device is below 0.45 kilogram 
per hour.
    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301 of appendix A of this part.
    (e) An owner or operator using a scrubber or other control 
technique to reduce the vent stream halogen atom mass emission rate to 
less than 0.45 kilogram per hour prior to a combustion control device 
in compliance with Sec. 63.113(c)(2) of this subpart shall determine 
the halogen atom mass emission rate prior to the combustor according to 
the procedures in Sec. 63.115(d)(2)(v) of this subpart.


Sec. 63.117  Process vents provisions--reporting and recordkeeping 
requirements for group and TRE determinations and performance tests.

    (a) Each owner or operator subject to the control provisions for 
Group 1 vent streams in Sec. 63.113(a) of this subpart or the 
provisions for Group 2 vent streams with a TRE index value greater than 
1.0 but less than or equal to 4.0 in Sec. 63.113(d) of this subpart 
shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(8) of this section, as 
applicable, and
    (2) Include the data in paragraphs (a)(4) through (a)(8) of this 
section in the Notification of Compliance Status report as specified in 
Sec. 63.152(b) of this subpart.
    (3) If any subsequent TRE determinations or performance tests are 
conducted after the Notification of Compliance Status has been 
submitted, report the data in paragraphs (a)(4) through (a)(8) of this 
section in the next Periodic Report as specified in Sec. 63.152(c) of 
this subpart.
    (4) Record and report the following when using a combustion device 
to achieve a 98 weight percent reduction in organic HAP or an organic 
HAP concentration of 20 parts per million by volume, as specified in 
Sec. 63.113(a)(2) of this subpart:
    (i) The parameter monitoring results for incinerators, catalytic 
incinerators, boilers or process heaters specified in table 3 of this 
subpart, and averaged over the same time period of the performance 
testing.
    (ii) For an incinerator, the percent reduction of organic HAP or 
TOC achieved by the incinerator determined as specified in 
Sec. 63.116(c) of this subpart, or the concentration of organic HAP or 
TOC (parts per million by volume, by compound) determined as specified 
in Sec. 63.116(c) of this subpart at the outlet of the incinerator on a 
dry basis corrected to 3 percent oxygen.
    (iii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or 
TOC, or the concentration of organic HAP or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 63.116(c) of this 
subpart at the outlet of the combustion device on a dry basis corrected 
to 3 percent oxygen.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.113(a)(1) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.116(a) of this 
subpart; and
    (iii) All periods during the compliance determination when the 
pilot flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated process vent stream:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.116(d) of 
this subpart;
    (ii) The pH of the scrubber effluent; and
    (iii) The scrubber liquid to gas ratio.
    (7) Record and report the following when achieving and maintaining 
a TRE index value greater than 1.0 but less than 4.0 as specified in 
Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart:
    (i) The parameter monitoring results for absorbers, condensers, or 
carbon adsorbers, as specified in table 4 of this subpart, and averaged 
over the same time period of the measurements of vent stream flow rate 
and concentration used in the TRE determination (both measured while 
the vent stream is normally routed and constituted), and
    (ii) The measurements and calculations performed to determine the 
TRE index value of the vent stream.
    (8) Record and report the halogen concentration in the process vent 
stream determined according to the procedures specified in 
Sec. 63.115(d)(2)(v) of this subpart.
    (b) The owner or operator of a Group 2 process vent with a TRE 
index greater than 4.0 as specified in Sec. 63.113(e) of this subpart, 
shall maintain records and submit as part of the Notification of 
Compliance Status specified in Sec. 63.152 of this subpart, 
measurements, engineering assessments, and calculations performed to 
determine the TRE index value of the vent stream. Documentation of 
engineering assessments shall include all data, assumptions, and 
procedures used for the engineering assessments, as specified in 
Sec. 63.115(d)(1) of this subpart.
    (c) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on a flow rate less than 0.005 
standard cubic meter per minute must submit to the Administrator the 
flow rate measurement using methods and procedures specified in 
Sec. 63.115 (a) and (b) of this subpart with the Notification of 
Compliance Status specified in Sec. 63.152 of this subpart.
    (d) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on organic HAP or TOC 
concentration less than 50 parts per million by volume must submit to 
the Administrator an organic HAP or TOC concentration measurement using 
the methods and procedures specified in Sec. 63.115 (a) and (c) of this 
subpart with the Notification of Compliance Status specified in 
Sec. 63.152 of this subpart.
    (e) If an owner or operator uses a control or recovery device other 
than those listed in tables 3 and 4 of this subpart or requests 
approval to monitor a parameter other than those specified in tables 3 
and 4 of this subpart, the owner or operator shall submit a description 
of planned reporting and recordkeeping procedures as required under 
Sec. 63.151(f) or Sec. 63.152(e) of this subpart. The Administrator 
will specify appropriate reporting and recordkeeping requirements as 
part of the review of the Implementation Plan or permit application.
    (f) For each parameter monitored according to tables 3 or 4 of this 
subpart or paragraph (e) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control or recovery device. In order to establish the range, the 
information required in Sec. 63.152(b) of this subpart shall be 
submitted in the Notification of Compliance Status or the operating 
permit application or amendment.


Sec. 63.118  Process vents provisions--Periodic reporting and 
recordkeeping requirements.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.113 (a)(1) or (a)(2) of this subpart shall keep the following 
records up-to-date and readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(a) of this subpart and 
listed in table 3 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) and Sec. 63.117(e) of this subpart. For 
flares, the hourly records and records of pilot flame outages specified 
in table 3 of this subpart shall be maintained in place of continuous 
records.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day, except as provided in 
paragraphs (a)(2)(iv) and (a)(2)(v) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (a)(2)(ii) of this section. The average 
shall cover a 24-hour period if operation is continuous, or the number 
of hours of operation per operating day if operation is not continuous.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or 
daily averages. Records shall be kept of the times and durations of all 
such periods and any other periods of process or control device 
operation when monitors are not operating.
    (iii) The operating day shall be the period defined in the 
operating permit or the Notification of Compliance Status in 
Sec. 63.152(b) of this subpart. It may be from midnight to midnight or 
another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status in Sec. 63.152(b) of this subpart or operating 
permit, the owner or operator may record that all values were within 
the range rather than calculating and recording a daily average for 
that operating day.
    (v) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (3) Hourly records of whether the flow indicator specified under 
Sec. 63.114(d)(1) of this subpart was operating and whether flow was 
detected at any time under the hour, as well as records of the times 
and durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating.
    (4) Where a seal mechanism is used to comply with Sec. 63.114(d)(2) 
of this subpart, hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanism has been done, and shall 
record the duration of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has broken.
    (b) Each owner or operator using a product recovery device or other 
means to achieve and maintain a TRE index value greater than 1.0 but 
less than 4.0 as specified in Sec. 63.114(a)(3) or Sec. 63.113(d) of 
this subpart shall keep the following records up-to-date and readily 
accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(b) of this subpart and 
listed in table 4 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) of this subpart and Sec. 63.114(e) of 
this subpart and
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day, except as provided in 
paragraph (b)(2)(iv) and (b)(2)(v) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day 
except as provided in paragraph (b)(2)(ii) of this section. The average 
shall cover a 24-hour period if operating is continous, or the number 
of hours of operation per operating day if operation is not continuous.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or 
daily averages. Records shall be kept of the times and durations of all 
such periods and any other periods of process or control device 
operation when monitors are not operating.
    (iii) The operating day shall be the period defined in the 
operating permit or the Notification of Compliance Status. It may be 
from midnight to midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range rather than calculating and 
recording a daily average for that operating day.
    (v) If carbon adsorber regeneration stream flow and carbon bed 
regeneration temperature are monitored, the records specified in table 
4 of this subpart shall be kept instead of the daily averages.
    (c) Each owner or operator subject to the provisions of this 
subpart and who elects to demonstrate compliance with the TRE index 
value greater than 4.0 under Sec. 63.113(e) of this subpart or greater 
than 1.0 under Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart 
shall keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart; and
    (2) Any recalculation of the TRE index value pursuant to 
Sec. 63.115(e) of this subpart.
    (d) Each owner or operator who elects to comply by maintining a 
flow rate less than 0.005 standard cubic meter per minute under 
Sec. 63.113(f) of this subpart, shall keep up-to-date, readily 
accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart that increase the vent stream flow rate,
    (2) Any recalculation or measurement of the flow rate pursuant to 
Sec. 63.115(e) of this subpart, and
    (3) If the flow rate increases to 0.005 standard cubic meter per 
minute or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) 
of this subpart.
    (e) Each owner or operator who elects to comply by maintaining an 
organic HAP concentration less than 50 parts per million by volume 
organic HAP concentration under Sec. 63.113(g) of this subpart shall 
keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart that increase the organic HAP concentration of the process vent 
stream,
    (2) Any recalculation or measurement of the concentration pursuant 
to Sec. 63.115(e) of this subpart, and
    (3) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) 
of this subpart.
    (f) Each owner or operator who elects to comply with the 
requirements of Sec. 63.113 of this subpart shall submit to the 
Administrator Periodic Reports of the following recorded information 
according to the schedule in Sec. 63.152 of this subpart.
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraphs 
(a) and (b) of this section were outside the ranges established in the 
Notification of Compliance Status or operating permit.
    (2) For Group 1 points, reports of the duration of periods when 
monitoring data is not collected for each excursion caused by 
insufficient monitoring data as defined in Sec. 63.152(c)(2)(ii)(A) of 
this subpart.
    (3) Reports of the times and durations of all periods recorded 
under paragraph (a)(3) of this section when the vent stream is diverted 
from the control device through a bypass line.
    (4) Reports of all periods recorded under paragraph (a)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has changed, or the key to unlock the bypass line valve was 
checked out.
    (5) Reports of the times and durations of all periods recorded 
under paragraph (a)(2)(v) of this section in which all pilot flames of 
a flare were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (b)(2)(v) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (g) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent to become a Group 1 
process vent, the owner or operator shall submit a report within 180 
calendar days after the process change as specified in Sec. 63.151(j) 
of this subpart. The report shall include:
    (1) A description of the process change;
    (2) The results of the recalculation of the flow rate, organic HAP 
concentration, and TRE index value required under Sec. 63.115(e) of 
this subpart and recorded under paragraph (c), (d), or (e) of this 
section; and
    (3) A statement that the owner or operator will comply with the 
provisions of Sec. 63.113 of this subpart for Group 1 process vents by 
the dates specified in subpart F of this part.
    (h) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a TRE greater 
than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the 
owner or operator shall submit a report within 180 calendar days after 
the process change. The report may be submitted as part of the next 
periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the TRE index value 
required under Sec. 63.115(e) of this subpart and recorded under 
paragraph (c) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (i) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute to become a Group 2 
process vent with a flow rate of 0.005 standard cubic meter per minute 
or greater and a TRE index value less than or equal to 4.0, the owner 
or operator shall submit a report within 180 calendar days after the 
process change. The report may be submitted as part of the next 
periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the flow rate and the TRE 
determination required under Sec. 63.115(e) of this subpart and 
recorded under paragraph (d) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (j) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a 
Group 2 process vent with an organic HAP concentration of 50 parts per 
million by volume or greater and a TRE index value less than or equal 
to 4.0, the owner or operator shall submit a report within 180 calendar 
days after the process change. The report may be submitted as part of 
the next periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the organic HAP 
concentration and the TRE determination required under Sec. 63.115(e) 
of this subpart and recorded under paragraph (e) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (k) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraph (k)(1), 
(k)(2), (k)(3), or (k)(4) of this section is met.
    (1) The process change does not meet the definition of a process 
change in Sec. 63.115(e) of this subpart, or
    (2) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) of this subpart and the recalculated value is less than 
0.005 standard cubic meter per minute, or
    (3) The organic HAP concentration of the vent stream is 
recalculated according to Sec. 63.115(e) of this subpart and the 
recalculated value is less than 50 parts per million by volume, or
    (4) The TRE index value is recalculated according to Sec. 63.115(e) 
of this subpart and the recalculated value is greater than 4.0.


Sec. 63.119  Storage vessel provisions--reference control technology.

    (a) For each storage vessel to which this subpart applies, the 
owner or operator shall comply with the requirements of paragraphs 
(a)(1), (a)(2), (a)(3), and (a)(4) of this section according to the 
schedule provisions of Sec. 63.100 of subpart F of this part.
    (1) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic HAP's in the liquid is less than 76.6 kilopascals, 
the owner or operator shall reduce HAP emissions to the atmosphere by 
operating and maintaining either a fixed roof and internal floating 
roof, an external floating roof, an external floating roof converted to 
an internal floating roof, or a closed vent system and control device 
in accordance with the requirements in paragraph (b), (c), (d), or (e) 
of this section, or equivalent as provided in Sec. 63.121 of this 
subpart.
    (2) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic HAP's in the liquid is greater than or equal to 76.6 
kilopascals, the owner or operator shall operate and maintain a closed 
vent system and control device meeting the requirements specified in 
paragraph (e) of this section, or equivalent as provided in Sec. 63.121 
of this subpart.
    (3) For each Group 2 storage vessel that is not part of an 
emissions average as described in Sec. 63.150 of this subpart, the 
owner or operator shall comply with the recordkeeping requirement in 
Sec. 63.123(a) of this subpart and is not required to comply with any 
other provisions in Secs. 63.119 through 63.123 of this subpart.
    (4) For each Group 2 storage vessel that is part of an emissions 
average, the owner or operator shall comply with the emissions 
averaging provisions in Sec. 63.150 of this subpart.
    (b) The owner or operator who elects to use a fixed roof and an 
internal floating roof, as defined in Sec. 63.111 of this subpart, to 
comply with the requirements of paragraph (a)(1) of this section shall 
comply with the requirements specified in paragraphs (b)(1) through 
(b)(6) of this section.

    [Note: The intent of paragraphs (b)(1) and (b)(2) of this 
section is to avoid having a vapor space between the floating roof 
and the stored liquid for extended periods. Storage vessels may be 
emptied for purposes such as routine storage vessel maintenance, 
inspections, petroleum liquid deliveries, or transfer operations. 
Storage vessels where liquid is left on walls, as bottom clingage, 
or in pools due to floor irregularity are considered completely 
empty.]

    (1) The internal floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (b)(1)(i) 
through (b)(1)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (2) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be accomplished as soon as possible.
    (3) Each internal floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. Except 
as provided in paragraph (b)(3)(iv) of this section, the closure device 
shall consist of one of the devices listed in paragraph (b)(3)(i), 
(b)(3)(ii), or (b)(3)(iii) of this section.
    (i) A liquid-mounted seal as defined in Sec. 63.111 of this 
subpart.
    (ii) A metallic shoe seal as defined in Sec. 63.111 of this 
subpart.
    (iii) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The 
lower seal may be vapor- mounted, but both must be continuous seals.
    (iv) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, the requirement for one of the seal 
options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) 
of this section does not apply until the earlier of the dates specified 
in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (4) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (5) Except as provided in paragraph (b)(5)(viii) of this section, 
each internal floating roof shall meet the specifications listed in 
paragraphs (b)(5)(i) through (b)(5)(vii) of this section.
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is 
to provide a projection below the liquid surface.
    (ii) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains shall be equipped with a cover or 
lid. The cover or lid shall be equipped with a gasket.
    (iii) Each penetration of the internal floating roof for the 
purposes of sampling shall be a sample well. Each sample well shall 
have a slit fabric cover that covers at least 90 percent of the 
opening.
    (iv) Each automatic bleeder vent shall be gasketed.
    (v) Each rim space vent shall be gasketed.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vii) Each penetration of the internal floating roof that allows 
for passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of 
this section as of December 31, 1992, the requirement for meeting those 
specifications does not apply until the earlier of the dates specified 
in paragraphs (b)(5)(viii)(A) and (b)(5)(viii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (6) Each cover or lid on any opening in the internal floating roof 
shall be closed (i.e., no visible gaps), except when the cover or lid 
must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed. Rim space vents are to be set to open only when the 
internal floating roof is not floating or when the pressure beneath the 
rim seal exceeds the manufacturer's recommended setting.
    (c) The owner or operator who elects to use an external floating 
roof, as defined in Sec. 63.111 of this subpart, to comply with the 
requirements of paragraph (a)(1) of this section shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(4) of this 
section.
    (1) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (c)(1)(iv) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal.
    (ii) Except as provided in paragraph (c)(1)(v) of this section, the 
primary seal shall be either a metallic shoe seal or a liquid-mounted 
seal.
    (iii) Except during the inspections required by Sec. 63.120(b) of 
this subpart, both the primary seal and the secondary seal shall 
completely cover the annular space between the external floating roof 
and the wall of the storage vessel in a continuous fashion.
    (iv) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the 
requirement for a secondary seal in paragraph (c)(1)(i) of this section 
does not apply until the earlier of the dates specified in paragraphs 
(c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (v) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (c)(1)(ii) of this section does not apply until the earlier 
of the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of 
this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (2) Each external floating roof shall meet the specifications 
listed in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in the noncontact external floating roof 
shall provide a projection below the liquid surface except as provided 
in paragraph (c)(2)(xii) of this section.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof is to be equipped 
with a gasketed cover, seal or lid which is to be maintained in a 
closed position (i.e., no visible gap) at all times except when the 
cover or lid must be open for access. Covers on each access hatch and 
each gauge float well shall be bolted or fastened so as to be air-tight 
when they are closed.
    (iii) Automatic bleeder vents are to be closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the roof leg supports.
    (iv) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath 
the rim seal exceeds the manufacturer's recommended setting.
    (v) Automatic bleeder vents and rim space vents are to be gasketed.
    (vi) Each roof drain that empties into the stored liquid is to be 
provided with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (vii) Each unslotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (viii) Each unslotted guide pole shall have on the end of the pole 
a gasketed cap which is closed at all times except when gauging the 
liquid level or taking liquid samples.
    (ix) Each slotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (x) Each slotted guide pole shall have a gasketed float or other 
device which closes off the liquid surface from the atmosphere.
    (xi) Each gauge hatch/sample well shall have a gasketed cover which 
is closed at all times except when the hatch or well must be open for 
access.
    (xii) If each opening in a noncontact external floating roof except 
for automatic bleeder vents (vacuum breaker vents) and rim space vents 
does not provide a projection below the liquid surface as of December 
31, 1992, the requirement for providing these projections below the 
liquid surface does not apply until the earlier of the dates specified 
in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.

    [Note: The intent of paragraphs (c)(3) and (c)(4) of this 
section is to avoid having a vapor space between the floating roof 
and the stored liquid for extended periods. Storage vessels may be 
emptied for purposes such as routine storage vessel maintenance, 
inspections, petroleum liquid deliveries, or transfer operations. 
Storage vessels where liquid is left on walls, as bottom clingage, 
or in pools due to floor irregularity are considered completely 
empty.]

    (3) The external floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (c)(3)(i) 
through (c)(3)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (4) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be accomplished as soon as possible.
    (d) The owner or operator who elects to use an external floating 
roof converted to an internal floating roof (i.e., fixed roof installed 
above external floating roof) to comply with paragraph (a)(1) of this 
section shall comply with paragraphs (d)(1) and (d)(2) of this section.
    (1) Comply with the requirements for internal floating roof vessels 
specified in paragraphs (b)(1), (2), and (3) of this section; and
    (2) Comply with the requirements for deck fittings that are 
specified for external floating roof vessels in paragraphs (c)(2)(i) 
through (c)(2)(xii) of this section.
    (e) The owner or operator who elects to use a closed vent system 
and control device, as defined in Sec. 63.111 of this subpart, to 
comply with the requirements of paragraph (a)(1) or (a)(2) of this 
section shall comply with the requirements specified in paragraphs 
(e)(1) through (e)(5) of this section.
    (1) Except as provided in paragraph (e)(2) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of total organic HAP by 95 percent or greater. If a flare is used as 
the control device, it shall meet the specifications described in the 
general control device requirements of Sec. 63.11(b) of subpart A of 
this part.
    (2) If the owner or operator can demonstrate that a control device 
installed on a storage vessel on or before December 31, 1992 is 
designed to reduce inlet emissions of total organic HAP by greater than 
or equal to 90 percent but less than 95 percent, then the control 
device is required to be operated to reduce inlet emissions of total 
organic HAP by 90 percent or greater.
    (3) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (e)(1) or (e)(2) of this section, as applicable, shall not 
exceed 240 hours per year.
    (4) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during periods 
of planned routine maintenance.
    (5) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during a 
control system malfunction.


Sec. 63.120  Storage vessel provisions--procedures to determine 
compliance.

    (a) To demonstrate compliance with Sec. 63.119(b) of this subpart 
(storage vessel equipped with a fixed roof and internal floating roof) 
or with Sec. 63.119(d) of this subpart (storage vessel equipped with an 
external floating roof converted to an internal floating roof), the 
owner or operator shall comply with the requirements in paragraphs 
(a)(1) through (a)(7) of this section.
    (1) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, and the secondary seal (if one is in 
service), according to the schedule specified in paragraphs (a)(2) and 
(a)(3) of this section.
    (2) For vessels equipped with a single-seal system, the owner or 
operator shall perform the inspections specified in paragraphs 
(a)(2)(i) and (a)(2)(ii) of this section.
    (i) Visually inspect the internal floating roof and the seal 
through manholes and roof hatches on the fixed roof at least once every 
12 months after initial fill, or at least once every 12 months after 
the compliance date specified in Sec. 63.100 of subpart F of this part.
    (ii) Visually inspect the internal floating roof, the seal, 
gaskets, slotted membranes, and sleeve seals (if any) each time the 
storage vessel is emptied and degassed, and at least once every 10 
years after the compliance date specified in Sec. 63.100 of subpart F 
of this part.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 63.119(b)(3)(iii) of this subpart, the owner or operator shall 
perform either the inspection required in paragraph (a)(3)(i) of this 
section or the inspections required in both paragraphs (a)(3)(ii) and 
(a)(3)(iii) of this section.
    (i) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, the secondary seal, gaskets, slotted 
membranes, and sleeve seals (if any) each time the storage vessel is 
emptied and degassed and at least once every 5 years after the 
compliance date specified in Sec. 63.100 of subpart F of this part; or
    (ii) The owner or operator shall visually inspect the internal 
floating roof and the secondary seal through manholes and roof hatches 
on the fixed roof at least once every 12 months after initial fill, or 
at least once every 12 months after the compliance date specified in 
Sec. 63.100 of subpart F of this part, and
    (iii) Visually inspect the internal floating roof, the primary 
seal, the secondary seal, gaskets, slotted membranes, and sleeve seals 
(if any) each time the vessel is emptied and degassed and at least once 
every 10 years after the compliance date specified in Sec. 63.100 of 
subpart F of this part.
    (4) If during the inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section, the internal floating roof is not resting 
on the surface of the liquid inside the storage vessel and is not 
resting on the leg supports; or there is liquid on the floating roof; 
or the seal is detached; or there are holes or tears in the seal 
fabric; or there are visible gaps between the seal and the wall of the 
storage vessel, the owner or operator shall repair the items or empty 
and remove the storage vessel from service within 45 calendar days. If 
a failure that is detected during inspections required by paragraph 
(a)(2)(i) or (a)(3)(ii) of this section cannot be repaired within 45 
calendar days and if the vessel cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize 
an extension shall include a description of the failure, shall document 
that alternate storage capacity is unavailable, and shall specify a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel will be emptied as soon as possible.
    (5) Except as provided in paragraph (a)(6) of this section, for all 
the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and 
(a)(3)(iii) of this section, the owner or operator shall notify the 
Administrator in writing at least 30 calendar days prior to the 
refilling of each storage vessel to afford the Administrator the 
opportunity to have an observer present.
    (6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i), 
or (a)(3)(iii) of this section is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance 
of refilling the vessel, the owner or operator shall notify the 
Administrator at least 7 calendar days prior to the refilling of the 
storage vessel. Notification may be made by telephone and immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, the notification including the written 
documentation may be made in writing and sent so that it is received by 
the Administrator at least 7 calendar days prior to refilling.
    (7) If during the inspections required by paragraph (a)(2)(ii), 
(a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof 
has defects; or the primary seal has holes, tears, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or the gaskets no longer 
close off the liquid surface from the atmosphere; or the slotted 
membrane has more than 10 percent open area, the owner or operator 
shall repair the items as necessary so that none of the conditions 
specified in this paragraph exist before refilling the storage vessel 
with organic HAP.
    (b) To demonstrate compliance with Sec. 63.119(c) of this subpart 
(storage vessel equipped with an external floating roof), the owner or 
operator shall comply with the requirements specified in paragraphs 
(b)(1) through (b)(10) of this section.
    (1) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine the gap areas and maximum gap widths 
between the primary seal and the wall of the storage vessel, and the 
secondary seal and the wall of the storage vessel according to the 
frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary seal shall be performed during the hydrostatic testing of the 
vessel or by the compliance date specified in Sec. 63.100 of subpart F 
of this part, whichever occurs last, and at least once every 5 years 
thereafter.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in Sec. 63.119(c)(1)(iv) of this subpart, measurements of 
gaps between the vessel wall and the primary seal shall be performed by 
the compliance date specified in Sec. 63.100 of subpart F of this part 
and at least once per year thereafter, until a secondary seal is 
installed. When a secondary seal is installed above the primary seal, 
measurements of gaps between the vessel wall and both the primary and 
secondary seals shall be performed within 90 calendar days of 
installation of the secondary seal, and according to the frequency 
specified in paragraphs (b)(1)(i) and (b)(1)(iii) of this section 
thereafter.
    (iii) For an external floating roof vessel equipped with primary 
and secondary seals, measurements of gaps between the vessel wall and 
the secondary seal shall be performed by the compliance date specified 
in Sec. 63.100 of subpart F of this part and at least once per year 
thereafter.
    (iv) If any storage vessel ceases to store organic HAP for a period 
of 1 year or more, or if the maximum true vapor pressure of the total 
organic HAP's in the stored liquid falls below the values defining 
Group 1 storage vessels specified in table 5 or table 6 of this subpart 
for a period of 1 year or more, measurements of gaps between the vessel 
wall and the primary seal, and gaps between the vessel wall and the 
secondary seal shall be performed within 90 calendar days of the vessel 
being refilled with organic HAP.
    (2) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine gap widths and gap areas in the 
primary and secondary seals (seal gaps) individually by the procedures 
described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where a 0.32 centimeter 
diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the storage vessel. 
The circumferential distance of each such location shall also be 
measured.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the 
vessel wall to the seal and multiplying each such width by its 
respective circumferential distance.
    (3) The owner or operator shall add the gap surface area of each 
gap location for the primary seal and divide the sum by the nominal 
diameter of the vessel. The accumulated area of gaps between the vessel 
wall and the primary seal shall not exceed 212 square centimeters per 
meter of vessel diameter and the width of any portion of any gap shall 
not exceed 3.81 centimeters.
    (4) The owner or operator shall add the gap surface area of each 
gap location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The accumulated area of gaps between the vessel 
wall and the secondary seal shall not exceed 21.2 square centimeters 
per meter of vessel diameter and the width of any portion of any gap 
shall not exceed 1.27 centimeters. These seal gap requirements may be 
exceeded during the measurement of primary seal gaps as required by 
paragraph (b)(1)(i) and (b)(1)(ii) of this section.
    (5) The primary seal shall meet the additional requirements 
specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
    (i) Where a metallic shoe seal is in use, one end of the metallic 
shoe shall extend into the stored liquid and the other end shall extend 
a minimum vertical distance of 61 centimeters above the stored liquid 
surface.
    (ii) There shall be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (6) The secondary seal shall meet the additional requirements 
specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
    (i) The secondary seal shall be installed above the primary seal so 
that it completely covers the space between the roof edge and the 
vessel wall except as provided in paragraph (b)(4) of this section.
    (ii) There shall be no holes, tears, or other openings in the seal 
or seal fabric.
    (7) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in paragraphs (b)(1) and 
(b)(2) of this section or to inspect the vessel to determine compliance 
with paragraphs (b)(5) and (b)(6) of this section because the floating 
roof appears to be structurally unsound and poses an imminent or 
potential danger to inspecting personnel, the owner or operator shall 
comply with the requirements in either paragraph (b)(7)(i) or 
(b)(7)(ii) of this section.
    (i) The owner or operator shall measure the seal gaps or inspect 
the storage vessel no later than 30 calendar days after the 
determination that the roof is unsafe, or
    (ii) The owner or operator shall empty and remove the storage 
vessel from service no later than 45 calendar days after determining 
that the roof is unsafe. If the vessel cannot be emptied within 45 
calendar days, the owner or operator may utilize up to 2 extensions of 
up to 30 additional calendar days each. Documentation of a decision to 
utilize an extension shall include an explanation of why it was unsafe 
to perform the inspection or seal gap measurement, shall document that 
alternate storage capacity is unavailable, and shall specify a schedule 
of actions that will ensure that the vessel will be emptied as soon as 
possible.
    (8) The owner or operator shall repair conditions that do not meet 
requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of 
this section (i.e., failures) no later than 45 calendar days after 
identification, or shall empty and remove the storage vessel from 
service no later than 45 calendar days after identification. If during 
seal gap measurements required in paragraph (b)(1) and (b)(2) of this 
section or during inspections necessary to determine compliance with 
paragraphs (b)(5) and (b)(6) of this section a failure is detected that 
cannot be repaired within 45 calendar days and if the vessel cannot be 
emptied within 45 calendar days, the owner or operator may utilize up 
to 2 extensions of up to 30 additional calendar days each. 
Documentation of a decision to utilize an extension shall include a 
description of the failure, shall document that alternate storage 
capacity is unavailable, and shall specify a schedule of actions that 
will ensure that the control equipment will be repaired or the vessel 
will be emptied as soon as possible.
    (9) The owner or operator shall notify the Administrator in writing 
30 calendar days in advance of any gap measurements required by 
paragraph (b)(1) or (b)(2) of this section to afford the Administrator 
the opportunity to have an observer present.
    (10) The owner or operator shall visually inspect the external 
floating roof, the primary seal, secondary seal, and fittings each time 
the vessel is emptied and degassed.
    (i) If the external floating roof has defects; the primary seal has 
holes, tears, or other openings in the seal or the seal fabric; or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric; or the gaskets no longer close off the liquid surface from 
the atmosphere; or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before filling 
or refilling the storage vessel with organic HAP.
    (ii) Except as provided in paragraph (b)(10)(iii) of this section, 
for all the inspections required by paragraph (b)(10) of this section, 
the owner or operator shall notify the Administrator in writing at 
least 30 calendar days prior to filling or refilling of each storage 
vessel with organic HAP to afford the Administrator the opportunity to 
inspect the storage vessel prior to refilling.
    (iii) If the inspection required by paragraph (b)(10) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 calendar days in advance of refilling the 
vessel with organic HAP, the owner or operator shall notify the 
Administrator at least 7 calendar days prior to refilling of the 
storage vessel. Notification may be made by telephone and immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, this notification including the written 
documentation may be made in writing and sent so that it is received by 
the Administrator at least 7 calendar days prior to the refilling.
    (c) To demonstrate compliance with Sec. 63.119(d) of this subpart 
(storage vessel equipped with an external floating roof converted to an 
internal floating roof), the owner or operator shall comply with the 
requirements of paragraph (a) of this section.
    (d) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a control device other than a flare, the owner or operator shall 
comply with the requirements in paragraphs (d)(1) through (d)(7) of 
this section.
    (1) The owner or operator shall either prepare a design evaluation, 
which includes the information specified in paragraph (d)(1)(i) of this 
section, or submit the results of a performance test as described in 
paragraph (d)(1)(ii) of this section.
    (i) The design evaluation shall include documentation demonstrating 
that the control device being used achieves the required control 
efficiency during reasonably expected maximum filling rate. This 
documentation is to include a description of the gas stream which 
enters the control device, including flow and organic HAP content under 
varying liquid level conditions, and the information specified in 
paragraphs (d)(1)(i)(A) through (d)(1)(i)(E) of this section, as 
applicable.
    (A) If the control device receives vapors, gases or liquids, other 
than fuels, from emission points other than storage vessels subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
the emission reduction requirement specified in Sec. 63.119 (e)(1) or 
(e)(2), as applicable, documentation that those conditions exist is 
sufficient to meet the requirements of paragraph (d)(1)(i) of this 
section.
    (C) Except as provided in paragraph (d)(1)(i)(B) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP 
emission stream, the desorption schedule, the regeneration stream 
pressure or temperature, and the flow rate of the regeneration stream. 
For vacuum desorption, pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (ii) If the control device used to comply with Sec. 63.119(e) of 
this subpart is also used to comply with Sec. 63.113(a)(2), 
Sec. 63.126(b)(1), or Sec. 63.139(c) of this subpart, the performance 
test required by Sec. 63.116(c), Sec. 63.128(a), or Sec. 63.139(d)(1) 
of this subpart is acceptable to demonstrate compliance with 
Sec. 63.119(e) of this subpart. The owner or operator is not required 
to prepare a design evaluation for the control device as described in 
paragraph (d)(1)(i) of this section, if the performance tests meets the 
criteria specified in paragraphs (d)(1)(ii)(A) and (d)(1)(ii)(B) of 
this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119 (e)(1) or (e)(2) of this subpart, as 
applicable; and
    (B) The performance test is submitted as part of the Notification 
of Compliance Status required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit, as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart, the 
information specified in paragraph (d)(2)(i) of this section and in 
either (d)(2)(ii) or (d)(2)(iii) of this section.
    (i) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed; and either
    (ii) The documentation specified in paragraph (d)(1)(i) of this 
section, if the owner or operator elects to prepare a design 
evaluation; or
    (iii) The information specified in paragraph (d)(2)(iii) (A) and 
(B) of this section if the owner or operator elects to submit the 
results of a performance test.
    (A) Identification of the storage vessel and control device for 
which the performance test will be submitted, and
    (B) Identification of the emission point(s) that share the control 
device with the storage vessel and for which the performance test will 
be conducted.
    (3) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (d)(3)(i) and, if applicable, 
(d)(3)(ii) of this section.
    (i) The operating range for each monitoring parameter identified in 
the Implementation Plan. The specified operating range shall represent 
the conditions for which the control device is being properly operated 
and maintained.
    (ii) Results of the performance test described in paragraph 
(d)(1)(ii) of this section.
    (4) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a control device, during which the control device does 
not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, shall not exceed 240 hours per year) by 
including in each Periodic Report required by Sec. 63.152(c) of this 
subpart the information specified in Sec. 63.122(g)(1) of this subpart.
    (5) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of 
this subpart or in the operating permit and shall operate and maintain 
the control device such that the monitored parameters remain within the 
ranges specified in the Notification of Compliance Status.
    (6) Except as provided in paragraph (d)(7) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The initial and annual inspections required by 
Sec. 63.148(b) of this subpart shall be done during filling of the 
storage vessel.
    (7) For any fixed roof tank and closed vent system that are 
operated and maintained under negative pressure, the owner or operator 
is not required to comply with the requirements specified in 
Sec. 63.148 of this subpart.
    (e) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a flare, the owner or operator shall comply with the requirements 
in paragraphs (e)(1) through (e)(6) of this section.
    (1) The owner or operator shall perform the compliance 
determination specified in Sec. 63.11(b) of subpart A of this part.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of 
this section.
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by paragraph (e)(1) of this 
section; and
    (iii) All periods during the compliance determination when the 
pilot flame is absent.
    (3) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a flare, during which the flare does not meet the 
specifications of Sec. 63.119(e)(1) of this subpart, shall not exceed 
240 hours per year) by including in each Periodic Report required by 
Sec. 63.152(c) of this subpart the information specified in 
Sec. 63.122(g)(1) of this subpart.
    (4) The owner or operator shall continue to meet the general 
control device requirements specified in Sec. 63.11(b) of subpart A of 
this part.
    (5) Except as provided in paragraph (e)(6) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The inspections required to be performed in accordance 
with Sec. 63.148(c) of this subpart shall be done during filling of the 
storage vessel.
    (6) For any fixed roof tank and closed vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.


Sec. 63.121  Storage vessel provisions--alternative means of emission 
limitation.

    (a) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec. 63.119 (b), (c), or (d) of this 
subpart will be evaluated according to Sec. 63.102(b) of subpart F of 
this part.
    (b) The determination of equivalence referred to in paragraph (a) 
of this section will be based on the application to the Administrator 
which shall include the information specified in either paragraph 
(b)(1) or (b)(2) of this section.
    (1) Actual emissions tests that use full-size or scale-model 
storage vessels that accurately collect and measure all organic HAP 
emissions from a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or
    (2) An engineering analysis that the Administrator determines is an 
accurate method of determining equivalence.


Sec. 63.122  Storage vessel provisions--reporting.

    (a) For each Group 1 storage vessel, the owner or operator shall 
comply with the requirements of paragraphs (a)(1) through (a)(5) of 
this section.
    (1) The owner or operator shall submit an Initial Notification as 
required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit an Implementation Plan as 
required by Sec. 63.151(c) of this subpart and shall submit as part of 
the Implementation Plan the information specified in paragraph (b) of 
this section.
    (3) The owner or operator shall submit a Notification of Compliance 
Status as required by Sec. 63.152(b) of this subpart and shall submit 
as part of the Notification of Compliance Status the information 
specified in paragraph (c) of this section.
    (4) The owner or operator shall submit Periodic Reports as required 
by Sec. 63.152(c) of this subpart and shall submit as part of the 
Periodic Reports the information specified in paragraphs (d), (e), (f), 
and (g) of this section.
    (5) The owner or operator shall submit, as applicable, other 
reports as required by Sec. 63.152(d) of this subpart, containing the 
information specified in paragraph (h) of this section.
    (b) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by using a closed vent system and a control device 
other than a flare shall submit, as part of the Implementation Plan 
required by Sec. 63.151(c) of this subpart, the information specified 
in Sec. 63.120(d)(2)(i) of this subpart and the information specified 
in either Sec. 63.120(d)(2)(ii) of this subpart or 
Sec. 63.120(d)(2)(iii) of this subpart.
    (c) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by using a closed vent system and a control device 
shall submit, as part of the Notification of Compliance Status required 
by Sec. 63.152(b) of this subpart, the information specified in either 
paragraph (c)(1) or (c)(2) of this section.
    (1) If a control device other than a flare is used, the owner or 
operator shall submit the information specified in Sec. 63.120(d)(3)(i) 
and, if applicable, (d)(3)(ii) of this subpart.
    (2) If a flare is used, the owner or operator shall submit the 
information specified in Sec. 63.120(e)(2)(i), (e)(2)(ii), and 
(e)(2)(iii) of this subpart.
    (d) An owner or operator who elects to comply with Sec. 63.119(b) 
of this subpart by using a fixed roof and an internal floating roof or 
with Sec. 63.119(d) of this subpart by using an external floating roof 
converted to an internal floating roof shall submit, as part of the 
Periodic Report required under Sec. 63.152(c) of this subpart, the 
results of each inspection conducted in accordance with Sec. 63.120(a) 
of this subpart in which a failure is detected in the control 
equipment.
    (1) For vessels for which annual inspections are required under 
Sec. 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications 
and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of 
this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on 
the floating roof; or the seal is detached from the internal floating 
roof; or there are holes, tears, or other openings in the seal or seal 
fabric; or there are visible gaps between the seal and the wall of the 
storage vessel.
    (ii) Except as provided in paragraph (d)(1)(iii) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (iii) If an extension is utilized in accordance with 
Sec. 63.120(a)(4) of this subpart, the owner or operator shall, in the 
next Periodic Report, identify the vessel; include the documentation 
specified in Sec. 63.120(a)(4) of this subpart; and describe the date 
the storage vessel was emptied and the nature of and date the repair 
was made.
    (2) For vessels for which inspections are required under 
Sec. 63.120 (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the 
specifications and requirements listed in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the liquid surface 
from the atmosphere; or the slotted membrane has more than 10 percent 
open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of 
each storage vessel in which a failure was detected, and a description 
of the failure. The Periodic Report shall also describe the nature of 
and date the repair was made.
    (e) An owner or operator who elects to comply with Sec. 63.119(c) 
of this subpart by using an external floating roof shall meet the 
periodic reporting requirements specified in paragraphs (e)(1), (e)(2), 
and (e)(3) of this section.
    (1) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
the results of each seal gap measurement made in accordance with 
Sec. 63.120(b) of this subpart in which the requirements of Sec. 63.120 
(b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This 
documentation shall include the information specified in paragraphs 
(e)(1)(i) through (e)(1)(iv) of this section.
    (i) The date of the seal gap measurement.
    (ii) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120 (b)(3) and (b)(4) of this 
subpart.
    (iii) A description of any condition specified in Sec. 63.120 
(b)(5) or (b)(6) of this subpart that is not met.
    (iv) A description of the nature of and date the repair was made, 
or the date the storage vessel was emptied.
    (2) If an extension is utilized in accordance with 
Sec. 63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator 
shall, in the next Periodic Report, identify the vessel; include the 
documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) of this 
subpart, as applicable; and describe the date the vessel was emptied 
and the nature of and date the repair was made.
    (3) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
any failures that are identified during visual inspections required by 
Sec. 63.120(b)(10) of this subpart. This documentation shall meet the 
specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii) 
of this section.
    (i) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or the gaskets no longer 
close off the liquid surface from the atmosphere; or the slotted 
membrane has more than 10 percent open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of 
each storage vessel in which a failure was detected, and a description 
of the failure. The periodic report shall also describe the nature of 
and date the repair was made.
    (f) An owner or operator who elects to comply with Sec. 63.119(d) 
of this subpart by using an external floating roof converted to an 
internal floating roof shall comply with the periodic reporting 
requirements of paragraph (d) of this section.
    (g) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by installing a closed vent system and control device 
shall submit, as part of the next Periodic Report required by 
Sec. 63.152(c) of this subpart, the information specified in paragraphs 
(g)(1) through (g)(3) of this section.
    (1) As required by Sec. 63.120(d)(4) and Sec. 63.120(e)(3) of this 
subpart, the Periodic Report shall include the information specified in 
paragraphs (g)(1)(i) and (g)(1)(ii) of this section for those planned 
routine maintenance operations that would require the control device 
not to meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable.
    (i) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, due to planned routine maintenance.
    (2) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters 
were outside of the parameter ranges documented in the Notification of 
Compliance Status in accordance with Sec. 63.120(d)(3)(i) of this 
subpart. The description shall include the information specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) Cause for the measured parameters to be outside of the 
established ranges.
    (3) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include the information specified in paragraphs (g)(3)(i) and 
(g)(3)(ii) of this section.
    (i) Identification of the flare which does not meet the general 
requirements specified in Sec. 63.11(b) of subpart A of this part, and
    (ii) Reason the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (h) An owner or operator who elects to comply with Sec. 63.119 (b), 
(c), or (d) of this subpart shall submit, as applicable, the reports 
specified in paragraphs (h)(1) and (h)(2) of this section.
    (1) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of a storage vessel that has been emptied and 
degassed.
    (i) If the storage vessel is equipped with an internal floating 
roof as specified in Sec. 63.119(b) of this subpart, the notification 
shall meet the requirements of either Sec. 63.120 (a)(5) or (a)(6) of 
this subpart, as applicable.
    (ii) If the storage vessel is equipped with an external floating 
roof as specified in Sec. 63.119(c) of this subpart, the notification 
shall meet the requirements of either Sec. 63.120 (b)(10)(ii) or 
(b)(10)(iii) of this subpart, as applicable.
    (iii) If the storage vessel is equipped with an external floating 
roof converted into an internal floating roof as specified in 
Sec. 63.119(d) of this subpart, the notification shall meet the 
requirements of either Sec. 63.120 (a)(5) or (a)(6) of this subpart, as 
applicable.
    (2) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof as specified in Sec. 63.119(c) of this 
subpart shall notify the Administrator of any seal gap measurements. 
This notification shall meet the requirements of Sec. 63.120(b)(9) of 
this subpart.


Sec. 63.123  Storage vessel provisions--recordkeeping.

    (a) Each owner or operator of a Group 1 or Group 2 storage vessel 
shall keep readily accessible records showing the dimensions of the 
storage vessel and an analysis showing the capacity of the storage 
vessel. This record shall be kept as long as the storage vessel retains 
Group 1 or Group 2 status and is in operation. For each Group 2 storage 
vessel, the owner or operator is not required to comply with any other 
provisions of Secs. 63.119 through 63.123 of this subpart other than 
those required by this paragraph unless such vessel is part of an 
emissions average as described in Sec. 63.150 of this subpart.
    (b) Each owner or operator shall keep a record of all reports 
submitted in accordance with Sec. 63.122 of this subpart, including the 
Initial Notification, Implementation Plan, Notification of Compliance 
Status, Periodic Reports, and other reports.
    (c) An owner or operator who elects to comply with Sec. 63.119(b) 
of this subpart shall keep a record that each inspection required by 
Sec. 63.120(a) of this subpart was performed.
    (d) An owner or operator who elects to comply with Sec. 63.119(c) 
of this subpart shall keep records describing the results of each seal 
gap measurement made in accordance with Sec. 63.120(b) of this subpart. 
The records shall include the date of the measurement, the raw data 
obtained in the measurement, and the calculations described in 
Sec. 63.120(b) (3) and (4) of this subpart.
    (e) An owner or operator who elects to comply with Sec. 63.119(d) 
of this subpart shall keep a record that each inspection required by 
Sec. 63.120 (a) and (c) of this subpart was performed.
    (f) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart shall keep in a readily accessible location the records 
specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.120(d)(5) of this subpart.
    (2) A record of the planned routine maintenance performed on the 
control device including the duration of each time the control device 
does not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of 
this subpart, as applicable, due to the planned routine maintenance. 
Such a record shall include the information specified in paragraphs 
(f)(2)(i) and (f)(2)(ii) of this section.
    (i) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were not met at the 
beginning of the planned routine maintenance, and
    (ii) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were met at the 
conclusion of the planned routine maintenance.
    (g) An owner or operator who elects to utilize an extension in 
emptying a storage vessel in accordance with Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8) of this subpart shall keep in a readily 
accessible location, the documentation specified in Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8), as applicable.
    Sec. 63.124 Reserved.
    Sec. 63.125 Reserved.
    Sec. 63.126 Transfer operations provisions--reference control 
technology.
    (a) For each Group 1 transfer rack the owner or operator shall 
equip each transfer rack with a vapor collection system and control 
device.
    (1) Each vapor collection system shall be designed and operated to 
collect the organic HAP vapors displaced from tank trucks or railcars 
during loading, and to route the collected HAP vapors to a control 
device as provided in paragraph (b) of this section.
    (2) Each vapor collection system shall be designed and operated 
such that organic HAP vapors collected at one loading arm will not pass 
through another loading arm in the rack to the atmosphere.
    (3) Whenever organic HAP emissions are vented to a control device 
used to comply with the provisions of this subpart, such control device 
shall be operating.
    (b) For each Group 1 transfer rack the owner or operator shall 
comply with paragraph (b)(1), (b)(2), or (b)(3) of this section.
    (1) Use a control device to reduce emissions of total organic HAP's 
by 98 weight-percent or to an exit concentration of 20 parts per 
million by volume, on a dry basis, corrected to 3 percent oxygen, 
whichever is less stringent. If a boiler or process heater is used to 
comply with the percent reduction requirement, then the vent stream 
shall be introduced into the flame zone of such a device.
    (2) Reduce emissions of organic HAP's using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) 
of subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (3) Reduce emissions of organic HAP using a vapor balancing system 
designed and operated to collect organic HAP vapors displaced from tank 
trucks or railcars during loading; and to route the collected HAP 
vapors to the storage vessel from which the liquid being loaded 
originated, or to compress collected HAP vapors and commingle the 
liquid with the raw feed of a chemical manufacturing process unit.
    (c) For each Group 2 transfer rack, the owner or operator shall 
maintain records as required in Sec. 63.130(f). No other provisions for 
transfer racks apply to the Group 2 transfer rack.
    (d) Halogenated emission streams from Group 1 transfer racks that 
are combusted shall be controlled according to paragraph (d)(1) or 
(d)(2) of this section. Determination of whether a vent stream is 
halogenated shall be made using procedures in (d)(3).
    (1) If a combustion device is used to comply with paragraph (b)(1) 
of this section for a halogenated vent stream, then the vent stream 
shall be ducted from the combustion device to an additional control 
device, including, but not limited to, a scrubber before it is 
discharged to the atmosphere.
    (i) Except as provided in paragraph (d)(1)(ii) of this section, the 
additional control device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass emission rate of total hydrogen 
halides and halogens to 0.45 kilograms per hour or less, whichever is 
less stringent.
    (ii) If a scrubber or other halogen control device was installed 
prior to December 31, 1992, the control device shall reduce overall 
emissions of hydrogen halides and halogens, as defined in Sec. 63.111 
of this subpart, by 95 percent or shall reduce the outlet mass of total 
hydrogen halides and halogens to less than 0.45 kilograms per hour, 
whichever is less stringent.
    (2) A control device, such as a scrubber, or other technique may be 
used to make the vent stream nonhalogenated by reducing the vent stream 
halogen atom mass emission rate to less than 0.45 kilograms per hour 
prior to any combustion control device used to comply with the 
requirements of paragraphs (b)(1) or (b)(2) of this section.
    (3) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds 
shall be calculated.
    (i) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) 
shall be determined based on the following procedures:
    (A) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (B) Applicable engineering assessment as specified in 
Sec. 63.115(d)(1)(iii) of this subpart, or
    (C) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (D) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (ii) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:

TR22AP94.211

where:

E=Mass of halogen atoms, dry basis, kilograms per hour.
K2=Constant, 2.494  x  10-6 (parts per million)-1 
(kilogram-mole per standard cubic meter) (minute/hour), where standard 
temperature is 20  deg.C.
Cj=Concentration of halogenated compound j in the gas stream, dry 
basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the gas 
stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas stream.
Vs=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to Sec. 63.128(a)(8) of this subpart.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (e) For each Group 1 transfer rack the owner or operator shall load 
organic HAP's into only tank trucks and railcars which:
    (1) Have a current certification in accordance with the U. S. 
Department of Transportation pressure test requirements of 49 CFR part 
180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 
12 months, as determined by the procedures in Sec. 63.128(f) of this 
subpart. Vapor-tight means that the truck or railcar tank will sustain 
a pressure change of not more than 750 pascals within 5 minutes after 
it is pressurized to a minimum of 4,500 pascals.
    (f) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall load organic HAP's to only tank trucks 
or railcars equipped with vapor collection equipment that is compatible 
with the transfer rack's vapor collection system.
    (g) The owner or operator of a transfer rack subject to this 
subpart shall load organic HAP's to only tank trucks or railcars whose 
collection systems are connected to the transfer rack's vapor 
collection systems.
    (h) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure-vacuum vent in 
the transfer rack's vapor collection system or in the organic HAP 
loading equipment of each tank truck or railcar shall begin to open 
during loading.
    (i) Each valve in the vent system that would lead the vent stream 
to the atmosphere, either directly or indirectly, shall be secured 
closed using a car seal or a lock-and-key type configuration, or shall 
be equipped with a flow indicator. Equipment such as low leg drains, 
high point bleeds, analyzer vents, open-ended valves or lines, and 
pressure relief valves needed for safety purposes are not subject to 
this paragraph.


Sec. 63.127  Transfer operations provisions--monitoring requirements.

    (a) Each owner or operator of a Group 1 transfer rack equipped with 
a combustion device used to comply with the 98 percent total organic 
HAP reduction or 20 parts per million by volume outlet concentration 
requirements in Sec. 63.126(b)(1) of this subpart shall install, 
calibrate, maintain, and operate according to the manufacturers' 
specifications the monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, as appropriate.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the firebox 
or in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, infrared sensor, or an ultra-violet beam sensor) capable 
of continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater with a design heat input 
capacity less than 44 megawatts is used, a temperature monitoring 
device in the firebox equipped with a continuous recorder is required. 
Any boiler or process heater in which all vent streams are introduced 
with the primary fuel or are used as the primary fuel is exempt from 
this requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or 
process heater in the case of halogenated vent streams, the following 
monitoring equipment is required for the scrubber:
    (i) A pH monitoring device equipped with a continuous recorder 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) Flow meters equipped with continuous recorders shall be 
located at the scrubber influent for liquid flow and the scrubber inlet 
for gas stream flow.
    (b) Each owner or operator of a Group 1 transfer rack that uses a 
recovery device to comply with the 98 percent organic HAP reduction or 
20 parts per million by volume HAP concentration requirements in 
Sec. 63.126(b)(1) of this subpart shall install either an organic 
monitoring device equipped with a continuous recorder, or the 
monitoring equipment specified in paragraph (b)(1), (b)(2), or (b)(3) 
of this section, depending on the type of recovery device used. All 
monitoring equipment shall be installed, calibrated, and maintained 
according to the manufacturer's specifications.
    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device equipped with a continuous recorder shall be used; 
and a specific gravity monitoring device equipped with a continuous 
recorder shall be used.
    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device equipped with a continuous recorder shall 
be used.
    (3) Where a carbon adsorber is used, an integrating regeneration 
stream flow monitoring device having an accuracy of 10 
percent, capable of recording the total regeneration stream mass flow 
for each regeneration cycle; and a carbon bed temperature monitoring 
device, capable of recording the temperature of the carbon bed after 
regeneration and within 15 minutes of completing any cooling cycle 
shall be used.
    (c) An owner or operator of a Group 1 transfer rack may request 
approval to monitor parameters other than those listed in paragraph (a) 
or (b) of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.151(f) or Sec. 63.152(e) of this 
subpart. Approval shall be requested if the owner or operator:
    (1) Seeks to demonstrate compliance with the standards specified in 
Sec. 63.126(b) of this subpart with a control device other than an 
incinerator, boiler, process heater, flare, absorber, condenser, or 
carbon adsorber; or
    (2) Uses one of the control devices listed in paragraphs (a) and 
(b) of this section, but seeks to monitor a parameter other than those 
specified in paragraphs (a) and (b) of this subpart.
    (d) The owner or operator of a Group 1 transfer rack using a vent 
system that contains by-pass lines that could divert a vent stream flow 
away from the control device used to comply with Sec. 63.126(b) of this 
subpart shall comply with paragraph (d)(1) or (d)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.130(b) of 
this subpart. The flow indicator shall be installed at the entrance to 
any by-pass line that could divert the vent stream away from the 
control device to the atmosphere; or
    (2) Secure the by-pass line valve in the closed position with a 
car-seal or a lock-and-key type configuration.
    (i) A visual inspection of the seal or closure mechanism shall be 
performed at least once every month to ensure that the valve is 
maintained in the closed position and the vent stream is not diverted 
through the by-pass line.
    (ii) If a car-seal has been broken or a valve position changed, the 
owner or operator shall record that the vent stream has been diverted. 
The car-seal or lock-and-key combination shall be returned to the 
secured position as soon as practicable but not later than 15 calendar 
days after the change in position is detected.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control device for each parameter monitored 
under paragraphs (a), (b), and (c) of this section. In order to 
establish the range, the information required in Sec. 63.152(b)(2) of 
this subpart shall be submitted in the Notification of Compliance 
Status or the operating permit application or amendment.


Sec. 63.128  Transfer operations provisions--test methods and 
procedures.

    (a) A performance test is required for determining compliance with 
the reduction of total organic HAP emissions in Sec. 63.126(b) of this 
subpart for all control devices except as specified in paragraph (c) of 
this section. Performance test procedures are as follows:
    (1) For control devices shared between transfer racks and process 
vents, the performance test procedures in Sec. 63.116(c) of this 
subpart shall be followed.
    (2) A performance test shall consist of three runs.
    (3) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (4) For control devices shared between multiple arms that load 
simultaneously, the minimum sampling time for each run shall be 1 hour 
in which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15-minute 
intervals during the run.
    (5) For control devices that are capable of continuous vapor 
processing but do not meet the conditions in (a)(7)(i)(B) of this 
section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this 
section, each run shall represent at least one complete filling period, 
during which liquid organic HAP's are loaded, and samples shall be 
collected using integrated sampling or grab samples taken at least four 
times per hour at approximately equal intervals of time, such as 15-
minute intervals.
    (6) For intermittent vapor processing systems that do not meet the 
conditions in paragraph (a)(1) or (a)(4) of this section, each run 
shall represent at least one complete control device cycle, and samples 
shall be collected using integrated sampling or grab samples taken at 
least four times per hour at approximately equal intervals of time, 
such as 15-minute intervals.
    (7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of sampling sites.
    (i) For an owner or operator complying with the 98-percent total 
organic HAP reduction requirements in Sec. 63.126(b)(1) of this 
subpart, sampling sites shall be located as specified in paragraph 
(a)(7)(i)(A) or (a)(7)(i)(B) of this section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater. A 
sampling site shall also be located at the outlet of the boiler or 
process heater.
    (ii) For an owner or operator complying with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1) of this subpart, the 
sampling site shall be located at the outlet of the control device.
    (8) The volumetric flow rate, in standard cubic meters per minute 
at 20  deg.C, shall be determined using Method 2, 2A, 2C, or 2D of 40 
CFR part 60, appendix A as appropriate.
    (9) For the purpose of determining compliance with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1), Method 18 or Method 25A 
of 40 CFR part 60, appendix A shall be used to measure either organic 
compound concentration or organic HAP concentration, except as provided 
in paragraph (a)(11) of this section.
    (i) If Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate the concentration of 
organic compounds (CT):
    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be between 1.5 and 2.5 times the concentration being measured.
    (C) Use of Method 25A of 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (a)(9)(v) of this 
section.
    (ii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
the concentration of organic compounds, the organic compound 
concentration (CT) is the sum of the individual components and 
shall be computed for each run using the following equation:


TR22AP94.212

where:

CT=Total concentration of organic compounds (minus methane and 
ethane), dry basis, parts per million by volume.
Cj=Concentration of sample components j, dry basis, parts per 
million by volume.
n=Number of components in the sample.
    (iii) If an owner or operator uses Method 18 of 40 CFR part 60, 
appendix A to compute total organic HAP concentration rather than 
organic compounds concentration, the equation in paragraph (a)(9)(ii) 
of this section shall be used except that only organic HAP species 
shall be summed. The list of organic HAP's is provided in table 2 of 
subpart F of this part.
    (iv) The emission rate correction factor or excess air integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the organic HAP or organic 
compound samples, and the samples shall be taken during the same time 
that the organic HAP or organic compound samples are taken.
    (v) The organic compound concentration corrected to 3 percent 
oxygen (Cc) shall be calculated using the following equation:

TR22AP94.213

where:

Cc=Concentration of organic compounds corrected to 3 percent 
oxygen, dry basis, parts per million by volume.
CT=Total concentration of organic compounds, dry basis, parts per 
million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (10) For the purpose of determining compliance with the 98-percent 
reduction requirement in Sec. 63.126(b)(1) of this subpart, Method 18 
or Method 25A of 40 CFR part 60, appendix A shall be used, except as 
provided in paragraph (a)(11) of this section.
    (i) For the purpose of determining compliance with the reduction 
efficiency requirement, organic compound concentration may be measured 
in lieu of organic HAP concentration.
    (ii) If Method 25A of 40 CFR part 60, appendix A is used to measure 
the concentration of organic compounds (CT), the principal organic 
HAP in the vent stream shall be used as the calibration gas.
    (A) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (B) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (C) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated as follows:

          Mj=FKVsCT

where:
Mj=Mass of organic compounds emitted during testing interval j, 
kilograms.
Vs=Volume of air-vapor mixture exhausted at standard conditions, 
20  deg.C and 760 millimeters mercury, standard cubic meters.
CT=Total concentration of organic compounds (as measured) at the 
exhaust vent, parts per million by volume, dry basis.
K=Density, kilograms per standard cubic meter organic HAP. 659 
kilograms per standard cubic meter organic HAP. (Note: The density term 
cancels out when the percent reduction is calculated. Therefore, the 
density used has no effect. The density of hexane is given so that it 
can be used to maintain the units of Mj.)
F=10-6=Conversion factor, (cubic meters organic HAP per cubic 
meters air) * (parts per million by volume)-1.

    (D) The organic compound mass emission rates at the inlet and 
outlet of the control device shall be calculated as follows:

TR22AP94.214


TR22AP94.215

where:

Ei, Eo=Mass flow rate of organic compounds at the inlet (i) 
and outlet (o) of the combustion or recovery device, kilograms per 
hour.
Mij, Moj=Mass of organic compounds at the inlet (i) or outlet 
(o) during testing interval j, kilograms.
T=Total time of all testing intervals, hours.
n=Number of testing intervals.

    (iii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
organic compounds, the mass rates of organic compounds (Ei, 
Eo) shall be computed using the following equations:


TR22AP94.216


TR22AP94.217

where:

Cij, Coj=Concentration of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, dry 
basis, parts per million by volume.
MWij, MWoj=Molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.
K2=Constant, 2.494  x  10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minute/hour), where 
standard temperature for (gram-mole per standard cubic meter) is 20 
deg.C.

    (iv) Where Method 18 or 25A of 40 CFR part 60, appendix A is used 
to measure the percent reduction in organic compounds, the percent 
reduction across the control device shall be calculated as follows:


TR22AP94.218

where:

R=Control efficiency of control device, percent.
Ei=Mass emitted or mass flow rate of organic compounds at the 
inlet to the combustion or recovery device as calculated under 
paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per 
hour.
Eo=Mass emitted or mass flow rate of organic compounds at the 
outlet of the combustion or recovery device, as calculated under 
paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per 
hour.
    (11) The owner or operator may use any methods or data other than 
Method 18 or Method 25A of 40 CFR part 60, appendix A, if the method or 
data has been validated according to Method 301 of appendix A of this 
part.
    (b) When a flare is used to comply with Sec. 63.126(b)(2) of this 
subpart, the owner or operator shall comply with the flare provisions 
in Sec. 63.11(b) of subpart A of this part.
    (1) The compliance determination required by Sec. 63.6(h) of 
subpart A of this part shall be conducted using Method 22 of 40 CFR 
part 60, appendix A, to determine visible emissions. The observation 
period shall be at least 2 hours and shall be conducted according to 
Method 22 of 40 CFR part 60, appendix A.
    (i) If the loading cycle is less than 2 hours, then the observation 
period for that run shall be for the entire loading cycle.
    (ii) If additional loading cycles are initiated within the 2-hour 
period, then visible emission observations shall be conducted for the 
additional cycles.
    (2) An owner or operator is not required to conduct a performance 
test to determine the percent emission reduction or outlet total HAP or 
TOC concentration when a flare is used.
    (c) An owner or operator is not required to conduct a performance 
test when any of the conditions specified in paragraph (c)(1), (c)(2), 
(c)(3), (c)(4), (c)(5), or (c)(6) of this section are met.
    (1) When a boiler or process heater with a design heat input 
capacity of 44 megawatts or greater is used.
    (2) When a boiler or process heater burning hazardous waste is used 
for which the owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266 subpart H.
    (3) When a boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (4) When a vapor balancing system is used.
    (5) When emissions are recycled to a chemical manufacturing process 
unit.
    (6) When a transfer rack transfers less than 11.8 million liters 
per year and the owner or operator complies with the requirements in 
paragraph (h) of this section or uses a flare to comply with 
Sec. 63.126(b)(2) of this subpart.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other control device to control a halogenated transfer vent 
stream in compliance with Sec. 63.126(d) of this subpart shall conduct 
a performance test to determine compliance with the control efficiency 
or emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the 
percent reduction of total hydrogen halides and halogens, sampling 
sites shall be located at the inlet and outlet of the scrubber or other 
control device used to reduce halogen emissions. For an owner or 
operator complying with the 0.45 kilograms per hour outlet mass 
emission rate limit for total hydrogen halides and halogens, the 
sampling site shall be located at the outlet of the scrubber or other 
control device and prior to release to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or 26A of 40 CFR part 60, appendix A, shall be used to determine the 
concentration in milligrams per dry standard cubic meter of the 
hydrogen halides and halogens that may be present in the stream. The 
mass emission rate of each hydrogen halide and halogen compound shall 
be calculated from the concentrations and the gas stream flow rate.
    (3) To determine compliance with the percent emissions reduction 
limit, the mass emission rate for any hydrogen halides and halogens 
present at the scrubber inlet shall be summed together. The mass 
emission rate of the compounds present at the scrubber outlet shall be 
summed together. Percent reduction shall be determined by comparison of 
the summed inlet and outlet measurements.
    (4) To demonstrate compliance with the 0.45 kilograms per hour mass 
emission rate limit, the test results must show that the mass emission 
rate of the total hydrogen halides and halogens measured at the 
scrubber outlet is below 0.45 kilograms per hour.
    (5) The owner or operator may use any other method or data to 
demonstrate compliance if the method or data has been validated 
according to the protocol of Method 301 of appendix A of this part.
    (e) The owner or operator shall inspect the vapor collection system 
and vapor balancing system, according to the requirements for vapor 
collection systems in Sec. 63.148 of this subpart.
    (1) Inspections shall be performed only while a tank truck or 
railcar is being loaded.
    (2) For vapor collection systems only, an inspection shall be 
performed prior to each performance test required to demonstrate 
compliance with Sec. 63.126(b)(1) of this subpart.
    (3) For each vapor collection system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (f) For the purposes of demonstrating vapor tightness to determine 
compliance with Sec. 63.126(e)(2) of this subpart, the following 
procedures and equipment shall be used:
    (1) The pressure test procedures specified in Method 27 of 40 CFR 
part 60, appendix A; and
    (2) A pressure measurement device which has a precision of 
2.5 millimeters of mercury and which is capable of 
measuring above the pressure at which the tank truck or railcar is to 
be tested for vapor tightness.
    (g) An owner or operator using a scrubber or other control 
technique to reduce the vent stream halogen atom mass emission rate to 
less than 0.45 kilograms per hour prior to a combustion device used to 
comply with Sec. 63.126(d)(2) of this subpart shall determine the 
halogen atom mass emission rate prior to the combustor according to the 
procedures in paragraph (d)(3) of this section.
    (h) For transfer racks that transfer less than 11.8 million liters 
per year of liquid organic HAP's, the owner or operator may comply with 
the requirements in paragraphs (h)(1) through (h)(3) of this section 
instead of the requirements in paragraph (a) or (b) of this section.
    (1) The owner or operator shall prepare, as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart, a 
design evaluation that shall document that the control device being 
used achieves the required control efficiency during reasonably 
expected maximum loading conditions. This documentation is to include a 
description of the gas stream which enters the control device, 
including flow and organic HAP content, and the information specified 
in paragraphs (h)(1)(i) through (h)(1)(v) of this section, as 
applicable.
    (i) If the control device receives vapors, gases, or liquids, other 
than fuels, from emission points other than transfer racks subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (ii) If an enclosed combustion device with a maximum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
the 98-percent emission reduction requirement, documentation that those 
conditions exist is sufficient to meet the requirements of paragraph 
(h)(1) of this section.
    (iii) Except as provided in paragraph (h)(1)(ii) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (iv) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP 
emission stream, the desorption schedule, the regeneration stream 
pressure or temperature, and the flow rate of the regeneration stream. 
For vacuum desorption, pressure drop shall be included.
    (v) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
operating range for each monitoring parameter identified in the 
Implementation Plan. The specified operating range shall represent the 
conditions for which the control device can achieve the 98-percent-or-
greater emission reduction required by Sec. 63.126(b)(1) of this 
subpart.
    (3) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of 
this subpart or operating permit and shall operate and maintain the 
control device such that the monitored parameters remain within the 
ranges specified in the Notification of Compliance Status.


Sec. 63.129  Transfer operations provisions--reporting and 
recordkeeping for performance tests and notification of compliance 
status.

    (a) Each owner or operator of a Group 1 transfer rack shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(7) of this section, as 
applicable.
    (2) Include the data specified in paragraphs (a)(4) through (a)(7) 
of this section in the Notification of Compliance Status report as 
specified in Sec. 63.152(b) of this subpart.
    (3) If any subsequent performance tests are conducted after the 
Notification of Compliance Status has been submitted, report the data 
in paragraphs (a)(4) through (a)(7) of this section in the next 
Periodic Report as specified in Sec. 63.152(c) of this subpart.
    (4) Record and report the following when using a control device 
other than a flare to achieve a 98 weight percent reduction in total 
organic HAP or a total organic HAP concentration of 20 parts per 
million by volume, as specified in Sec. 63.126(b)(1) of this subpart:
    (i) The parameter monitoring results for thermal incinerators, 
catalytic incinerators, boilers or process heaters, absorbers, 
condensers, or carbon adsorbers specified in table 7 of this subpart, 
recorded during the performance test, and averaged over the time period 
of the performance testing.
    (ii) The percent reduction of total organic HAP or TOC achieved by 
the control device determined as specified in Sec. 63.128(a) of this 
subpart, or the concentration of total organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in 
Sec. 63.128(a) of this subpart at the outlet of the control device on a 
dry basis corrected to 3 percent oxygen.
    (iii) The parameters shall be recorded at least every 15 minutes.
    (iv) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.126(b)(2) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.128(b) of this 
subpart; and
    (iii) All periods during the compliance determination when the 
pilot flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated vent stream, as specified 
in Sec. 63.126(d) of this subpart:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens determined according to the 
procedures in Sec. 63.128(d) of this subpart;
    (ii) The parameter monitoring results for scrubbers specified in 
table 7 of this subpart, and averaged over the time period of the 
performance test; and
    (iii) The parameters shall be recorded at least every 15 minutes.
    (7) Record and report the halogen concentration in the vent stream 
determined according to the procedures as specified in Sec. 63.128(d) 
of this subpart.
    (b) If an owner or operator requests approval to use a control 
device other than those listed in table 7 of this subpart or to monitor 
a parameter other than those specified in table 7 of this subpart, the 
owner or operator shall submit a description of planned reporting and 
recordkeeping procedures as required under Sec. 63.151(f) or 
Sec. 63.152(e) of this subpart. The Administrator will specify 
appropriate reporting and recordkeeping requirements as part of the 
review of the Implementation Plan or permit application.
    (c) For each parameter monitored according to table 7 of this 
subpart or paragraph (b) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control device. In order to establish the range, the information 
required in Sec. 63.152(b)(2) of this subpart shall be submitted in the 
Notification of Compliance Status or the operating permit application 
or amendment.
    (d) Each owner or operator shall maintain a record describing in 
detail the vent system used to vent each affected transfer vent stream 
to a control device. This document shall list all valves and vent pipes 
that could vent the stream to the atmosphere, thereby by-passing the 
control device; identify which valves are secured by car-seals or lock-
and-key type configurations; and indicate the position (open or closed) 
of those valves which have car-seals. Equipment leaks such as low leg 
drains, high point bleeds, analyzer vents, open-ended valves or lines, 
and pressure relief valves needed for safety purposes are not subject 
to this paragraph.
    (e) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the Implementation Plan 
required by Sec. 63.151(c) of this subpart, the information specified 
in Sec. 63.128(h)(1) of this subpart.
    (f) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the Notification of Compliance 
Status required by Sec. 63.152(b) of this subpart, the operating range 
for each monitoring parameter identified in the Implementation Plan or 
in the operating permit.


Sec. 63.130  Transfer operations provisions--periodic recordkeeping and 
reporting.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.126(b)(1) or (b)(2) of this subpart shall keep the following 
up-to-date, readily accessible records:
    (1) While the transfer vent stream is being vented to the control 
device, continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.127 of this subpart, and listed 
in table 7 of this subpart or specified by the Administrator in 
accordance with Secs. 63.127(c) and 63.129(b). For flares, the hourly 
records and records of pilot flame outages specified in table 7 shall 
be maintained in place of continuous records.
    (2) Records of the daily average value of each monitored parameter 
for each operating day, except as provided in paragraphs (a)(2)(iv) 
through (a)(2)(vii) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (a)(2)(ii) of this section. The average 
shall cover periods of loading.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or 
daily averages. Records shall be kept of the times and durations of all 
such periods and any other periods of loading or control device 
operation.
    (iii) The operating day shall be the period defined in the 
operating permit or the Notification of Compliance Status. It may be 
from midnight to midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range rather than calculating and 
recording a daily average for that operating day.
    (v) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (vi) If carbon adsorber regeneration stream flow and carbon bed 
regeneration temperature are monitored, the records specified in table 
7 of this subpart shall be kept instead of the daily averages.
    (vii) Records of the duration of all periods when the vent stream 
is diverted through by-pass lines shall be kept rather than daily 
averages.
    (3) For boilers or process heaters, records of any changes in the 
location at which the vent stream is introduced into the flame zone as 
required under the reduction of total organic HAP emissions in 
Sec. 63.126(b)(1) of this subpart.
    (b) If a vapor collection system containing valves that could 
divert the emission stream away from the control device is used, each 
owner or operator of a Group 1 transfer rack subject to the provisions 
of Sec. 63.127(d) of this subpart shall keep up-to-date, readily 
accessible records of:
    (1) Hourly records of whether the flow indicator specified under 
Sec. 63.127(d)(1) of this subpart was operating and whether flow was 
detected at any time during the hour, as well as records of the times 
durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating.
    (2) Where a seal mechanism is used to comply with 
Sec. 63.127(d)(2), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done, and shall 
record the duration of all periods when the seal mechanism is broken, 
the by-pass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has broken, as listed in table 7 of this subpart.
    (c) Each owner or operator of a Group 1 transfer rack who uses a 
flare to comply with Sec. 63.126(b)(2) of this subpart shall keep up-
to-date, readily accessible records of the flare pilot flame monitoring 
specified under Sec. 63.127(a)(2) of this subpart.
    (d) Each owner or operator of a transfer rack subject to the 
requirements of Sec. 63.126 of this subpart shall submit to the 
Administrator Periodic Reports of the following information according 
to the schedule in Sec. 63.152(c) of this subpart:
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values were outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data are not 
collected for each excursion caused by insufficient monitoring data as 
defined in Sec. 63.152(c)(2)(ii)(A) of this subpart.
    (3) Reports of the times and durations of all periods recorded 
under paragraph (b)(1) of this section when the vent stream was 
diverted from the control device.
    (4) Reports of all times recorded under paragraph (b)(2) of this 
section when maintenance is performed on car-sealed valves, when the 
car-seal is broken, when the by-pass line valve position is changed, or 
the key for a lock-and-key type lock has been checked out.
    (5) Reports of the times and durations of all periods recorded 
under paragraph (a)(2)(v) of this section in which all pilot flames of 
a flare were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (a)(2)(vi) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (e) The owner or operator of a Group 1 transfer rack shall record 
that the verification of DOT tank certification or Method 27 testing, 
required in Sec. 63.126(e) of this subpart, has been performed. Various 
methods for the record of verification can be used, such as: A check 
off on a log sheet; a list of DOT serial numbers or Method 27 data; or 
a position description for gate security, showing that the security 
guard will not allow any trucks on site that do not have the 
appropriate documentation.
    (f) Each owner or operator of a Group 1 or Group 2 transfer rack 
shall record, update annually, and maintain the information specified 
in paragraphs (f)(1) through (f)(3) of this section in a readily 
accessible location on site:
    (1) An analysis demonstrating the design and actual annual 
throughput of the transfer rack;
    (2) An analysis documenting the weight-percent organic HAP's in the 
liquid loaded. Examples of acceptable documentation include but are not 
limited to analyses of the material and engineering calculations.
    (3) An analysis documenting the annual rack weighted average HAP 
partial pressure of the transfer rack.
    (i) For Group 2 transfer racks that are limited to transfer of 
organic HAP's with partial pressures less than 10.3 kilopascals, 
documentation is required of the organic HAP's (by compound) that are 
transferred. The rack weighted average partial pressure does not need 
to be calculated.
    (ii) For racks transferring one or more organic HAP's with partial 
pressures greater than 10.3 kilopascals, as well as one or more organic 
HAP's with partial pressures less than 10.3 kilopascals, a rack 
weighted partial pressure shall be documented. The rack weighted 
average HAP partial pressure shall be weighted by the annual throughput 
of each chemical transferred.


Sec. 63.131  Process wastewater provisions--flow diagrams and tables.

    (a) The flow diagrams in this subpart are provided as guidance for 
understanding the basic interrelationships of the wastewater provisions 
for process units at new and existing sources. Paragraphs (b) through 
(k) of this section briefly outline the flow diagrams provided.
    (b) Figure 1 of this subpart provides an overview of the HON 
wastewater provisions.
    (c) Figure 2 of this subpart outlines the process for determining 
whether a stream meets the definition of wastewater in Sec. 63.101 of 
subpart F of this part.
    (d) Figure 3 of this subpart summarizes the requirements for 
designating as a Group 1 wastewater stream a wastewater stream or 
mixture of wastewater streams.
    (e) Figure 4 of this subpart summarizes the steps for making Group 
1 and Group 2 determinations for wastewater streams that are generated 
from a process unit at a new source and contain organic HAP's listed in 
table 8 of this subpart.
    (f) Figure 5 of this subpart summarizes the steps for making Group 
1 and Group 2 determinations for wastewater streams that are generated 
from process units at new and existing sources and contain organic 
HAP's listed in table 9 of this subpart.
    (g) Figure 6 of this subpart summarizes compliance options for 
control of wastewater streams containing organic HAP's listed in table 
8 of this subpart.
    (h) Figure 7 of this subpart summarizes compliance options for 
control of wastewater streams containing organic HAP's listed in table 
9 of this subpart.
    (i) Figure 8 of this subpart presents the process unit alternative 
compliance option for control of wastewater streams at existing sources 
containing organic HAP's listed in table 9 of this subpart.
    (j) Figure 9 of this subpart presents the 95-percent biological 
treatment option for control of wastewater streams at new and existing 
sources containing organic HAP's listed in table 9 of this subpart.
    (k) Figure 10 of this subpart outlines compliance options for 
control of residuals.


Sec. 63.132  Process wastewater provisions--general.

    (a) For each process wastewater stream to which this subpart 
applies that is located at a new source, the owner or operator shall 
comply with the requirements in either paragraph (a)(1), (a)(2) or 
(a)(3) of this section no later than the dates specified in Sec. 63.100 
of subpart F of this part.
    (1) The requirements of paragraphs (c), (e), and (h) of this 
section, or
    (2) The requirements of paragraphs (d) through (i) of this section, 
or
    (3) The requirements of paragraphs (d), (g), and (j) of this 
section.
    (b) For each process wastewater stream to which this subpart 
applies that is located at an existing source, the owner or operator 
shall comply with the requirements in either paragraph (b)(1), (b)(2), 
or (b)(3) of this section no later than the dates specified in 
Sec. 63.100 of subpart F of this part.
    (1) The requirements of paragraphs (c) and (h) of this section, or
    (2) The requirements of paragraphs (g), (h), and (i) of this 
section; or
    (3) The requirements of paragraphs (g) and (j) of this section.
    (c) For each process wastewater stream or mixture of wastewater 
streams to which this subpart applies that is located at a new or 
existing source, the owner or operator shall designate such streams as 
Group 1 wastewater streams according to procedures specified in 
Sec. 63.144(d) of this subpart. The requirements of this paragraph are 
illustrated in figure 3 of this subpart.
    (d) For each process wastewater stream to which this subpart 
applies that is located at a new source, the owner or operator shall 
determine the average flow rate and average VOHAP concentration of each 
organic HAP listed in table 8 of this subpart for the point of 
generation of each process wastewater stream generated by the chemical 
manufacturing process unit. Average flow rate shall be determined 
according to the procedures specified in Sec. 63.144(c) of this 
subpart. Average VOHAP concentration of each organic HAP listed in 
table 8 of this subpart shall be determined according to the procedures 
specified in Sec. 63.144(b) of this subpart. The requirements of this 
paragraph are illustrated in figure 4 of this subpart.
    (1) A process wastewater stream shall be a Group 1 wastewater 
stream for organic HAP's listed in table 8 of this subpart if the 
average flow rate is 0.02 liter per minute or greater and the average 
VOHAP concentration of any individual organic HAP listed in table 8 of 
this subpart is 10 parts per million by weight or greater.
    (2) A process wastewater stream shall be a Group 2 wastewater 
stream for organic HAP's listed in table 8 of this subpart if the 
average flow rate is less than 0.02 liter per minute or the average 
VOHAP concentration for each individual organic HAP listed in table 8 
of this subpart is less than 10 parts per million by weight.
    (e) Except as provided in paragraph (j) of this section, the owner 
or operator of each Group 1 stream for organic HAP's listed in table 8 
of this subpart shall comply with the requirements of paragraphs (e)(1) 
through (e)(4) of this section and with the requirements of either 
paragraph (e)(5) or (e)(6) of this section.
    (1) The requirements for waste management units specified in 
Secs. 63.133 through 63.137 of this subpart.
    (2) The monitoring and inspection requirements of Sec. 63.143 of 
this subpart.
    (3) The reporting and recordkeeping requirements of Secs. 63.146 
and 63.147 of this subpart.
    (4) The requirements in paragraph (g) of this section to determine 
whether each stream is Group 1 or Group 2 for organic HAP's listed in 
table 9 of this subpart.
    (5) The treatment requirements specified in Sec. 63.138(b) of this 
subpart, or
    (6) The 95-percent biological treatment option in Sec. 63.138(e) of 
this subpart.
    (f) The owner or operator of each Group 2 stream for organic HAP's 
listed in table 8 of this subpart shall comply with: (1) The 
recordkeeping and reporting requirements of Secs. 63.146 and 63.147 of 
this subpart, and
    (2) The requirements in paragraph (g) of this section to determine 
whether each stream is Group 1 or Group 2 for organic HAP's listed in 
table 9 of this subpart.
    (g) The owner or operator of SOCMI process units at new and 
existing sources shall determine the average flow rate and total VOHAP 
average concentration for HAP's listed in table 9 of this subpart for 
the point of generation of each wastewater stream generated by the 
process unit. Average flow rate shall be determined according to the 
procedures specified in Sec. 63.144(c) of this subpart. Total VOHAP 
average concentration shall be determined according to the procedures 
specified in Sec. 63.144(b) of this subpart. The requirements of this 
paragraph are illustrated in figure 5 of this subpart.
    (1) A process wastewater stream shall be a Group 1 wastewater 
stream for organic HAP's listed in table 9 of this subpart if:
    (i) The total VOHAP average concentration of the wastewater stream 
is greater than or equal to 10,000 parts per million by weight at any 
flow rate, or
    (ii) The total VOHAP average concentration is greater than or equal 
to 1,000 parts per million by weight and the average flow rate is 
greater than or equal to 10 liters per minute.
    (2) A process wastewater stream shall be a Group 2 wastewater 
stream for HAP's listed in table 9 of this subpart if:
    (i) The total VOHAP average concentration is less than 1,000 parts 
per million by weight, or
    (ii) The average flow rate is less than 10 liters per minute and 
the total VOHAP average concentration is less than 10,000 parts per 
million by weight.
    (h) Except as provided in paragraph (j) of this section, the owner 
or operator of each Group 1 stream for HAP's listed in table 9 of this 
subpart shall comply with the requirements of paragraphs (h)(1) through 
(h)(3) of this section and with the requirements of paragraph (h)(4), 
(h)(5), or (h)(6) of this section.
    (1) The requirements for waste management units specified in 
Secs. 63.133 through 63.137 of this subpart.
    (2) The monitoring and inspection requirements of Sec. 63.143 of 
this subpart.
    (3) The reporting and recordkeeping requirements of Secs. 63.146 
and 63.147 of this subpart.
    (4) The treatment requirements specified in Sec. 63.138(c) of this 
subpart, or
    (5) The process unit alternative specified in Sec. 63.138(d) of 
this subpart.
    (6) The 95-percent biological treatment option in Sec. 63.138(e) of 
this subpart.
    (i) The owner or operator of each Group 2 stream for HAP's listed 
in table 9 of this subpart shall comply with the recordkeeping and 
reporting requirements of Secs. 63.146 and 63.147 of this subpart.
    (j) The owner or operator may elect to transfer a Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream 
to an on-site treatment operation not owned or operated by the owner or 
operator of the source generating the wastewater stream or residual, to 
an off-site treatment operation, or to sell it for any other purpose. 
The owner or operator transferring the wastewater stream or residual 
shall:
    (1) Comply with the provisions specified in Secs. 63.133 through 
63.137 of this subpart for each waste management unit that receives or 
manages a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream prior to and during shipment or transport.
    (2) Ensure that the wastewater stream or residual is ultimately 
treated in accordance with the requirements of:
    (i) Sec. 63.138(b) of this subpart if the stream or residual is 
Group 1 for table 8 compounds and with the requirements of 
Sec. 63.138(c) of this subpart if the stream or residual is Group 1 for 
table 9 compounds, or
    (ii) Sec. 63.102(b) of subpart F or subpart D of this part, if 
alternative emission limitations have been granted in accordance with 
these provisions.
    (3) Include with the shipment or transport of each Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream 
a notice. The notice shall state that the wastewater stream or residual 
contains organic HAP's which are required to be managed and treated in 
accordance with the provisions of this subpart. When the transport is 
continuous (for example, discharge to a publicly-owned treatment 
works), the notice shall be submitted to the treatment operator at 
least once per year.


Sec. 63.133  Process wastewater provisions--wastewater tanks.

    (a) For each wastewater tank that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of either paragraph (a)(1) or (a)(2) as specified in table 
10 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
unless the wastewater tank is used for mixing wastewater, heating 
wastewater, or treating with an exothermic reaction. In which case, the 
owner or operator shall comply with the requirements specified in 
paragraph (a)(2) of this section.
    (2) The owner or operator shall comply with the requirements in 
paragraphs (b) through (h) of this section and shall operate and 
maintain one of the emission control techniques listed in paragraphs 
(a)(2)(i) through (a)(2)(iv).
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the wastewater tank to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (b) of this section;
    (ii) A fixed roof and an internal floating roof that meets the 
requirements specified in Sec. 63.119(b) of this subpart;
    (iii) An external floating roof that meets the requirements 
specified in Secs. 63.119(c), 63.120(b)(5), and 63.120(b)(6) of this 
subpart; or
    (iv) An equivalent means of emission limitation. Determination of 
equivalence to the reduction in emissions achieved by the requirements 
of paragraphs (a)(2)(i) through (a)(2)(iii) of this section will be 
evaluated according to Sec. 63.102(b) of subpart F of this part. The 
determination will be based on the application to the Administrator 
which shall include the information specified in either paragraph 
(a)(2)(iv)(A) or (a)(2)(iv)(B) of this section.
    (A) Actual emissions tests that use full-size or scale-model 
wastewater tanks that accurately collect and measure all organic HAP 
emissions from a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or
    (B) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (b) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(i) of this section, the fixed roof shall meet the 
requirements of paragraph (b)(1) of this section, the control device 
shall meet the requirements of paragraph (b)(2) of this section, and 
the closed-vent system shall meet the requirements of paragraph (b)(3) 
of this section:
    (1) The fixed-roof shall meet the following requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the wastewater tank contains a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream except when it is necessary to 
use the opening for wastewater sampling, removal, or for equipment 
inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected 
in accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec. 63.120(a)(2) 
and (a)(3) of this subpart.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator elects to comply with the requirements of (a)(2)(iii) 
of this section, seal gaps shall be measured according to the 
procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) of this 
subpart and the wastewater tank shall be inspected to determine 
compliance with Sec. 63.120(b)(5) and (b)(6) of this subpart.
    (e) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements specified in Sec. 63.120(b)(2)(i) 
through (b)(4) of this subpart or to inspect the wastewater tank to 
determine compliance with Sec. 63.120(b)(5) and (b)(6) of this subpart 
because the floating roof appears to be structurally unsound and poses 
an imminent or potential danger to inspecting personnel, the owner or 
operator shall comply with the requirements in either paragraph (e)(1) 
or (e)(2) of this section.
    (1) The owner or operator shall measure the seal gaps or inspect 
the wastewater tank within 30 calendar days of the determination that 
the floating roof is unsafe, or
    (2) The owner or operator shall empty and remove the wastewater 
tank from service within 45 calendar days of determining that the roof 
is unsafe. If the wastewater tank cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize 
an extension shall include an explanation of why it was unsafe to 
perform the inspection or seal gap measurement, shall document that 
alternate storage capacity is unavailable, and shall specify a schedule 
of actions that will ensure that the wastewater tank will be emptied as 
soon as possible.
    (f) Except as provided in paragraph (e) of this section, each 
wastewater tank shall be inspected initially, and semi-annually 
thereafter, for improper work practices in accordance with Sec. 63.143 
of this subpart. For wastewater tanks, improper work practice includes, 
but is not limited to, leaving open or ungasketed any access door or 
other opening when such door or opening is not in use.
    (g) Except as provided in paragraph (e) of this section, each 
wastewater tank shall be inspected for control equipment failures as 
defined in paragraph (g)(1) of this section according to the schedule 
in paragraphs (g)(2) and (g)(3) of this section.
    (1) Control equipment failures for wastewater tanks include, but 
are not limited to, the conditions specified in paragraphs (g)(1)(i) 
through (g)(1)(ix) of this section.
    (i) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (ii) There is liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, or other openings in the rim seal or 
seal fabric of the floating roof.
    (v) There are visible gaps between the seal of an internal floating 
roof and the wall of the wastewater tank.
    (vi) There are gaps between the metallic shoe seal or the liquid 
mounted primary seal of an external floating roof and the wall of the 
wastewater tank that exceed 212 square centimeters per meter of tank 
diameter or the width of any portion of any gap between the primary 
seal and the tank wall exceeds 3.81 centimeters.
    (vii) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (viii) Where a metallic shoe seal is used on an external floating 
roof, one end of the metallic shoe does not extend into the stored 
liquid or one end of the metallic shoe does not extend a minimum 
vertical distance of 61 centimeters above the surface of the stored 
liquid.
    (ix) A gasket, joint, lid, cover, or door is cracked, gapped, or 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (g)(1)(i) through (g)(1)(viii) according to the 
schedule specified in paragraphs (c) and (d) of this section.
    (3) The owner or operator shall inspect for the control equipment 
failures in paragraph (g)(1)(ix) of this section initially, and semi-
annually thereafter.
    (h) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification. If a failure that is detected during 
inspections required by paragraphs (a)(2)(i) or (a)(3)(ii) of this 
section cannot be repaired within 45 calendar days and if the vessel 
cannot be emptied within 45 calendar days, the owner or operator may 
utilize up to 2 extensions of up to 30 additional calendar days each. 
Documentation of a decision to utilize an extension shall include a 
description of the failure, shall document that alternate storage 
capacity is unavailable, and shall specify a schedule of actions that 
will ensure that the control equipment will be repaired or the vessel 
will be emptied as soon as possible.


Sec. 63.134  Process wastewater provisions--surface impoundments.

    (a) For each surface impoundment that receives, manages, or treats 
a Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (b), (c), and (d) of this section.
    (b) The owner or operator shall operate and maintain on each 
surface impoundment a cover (e.g., air-supported structure or rigid 
cover) and a closed-vent system that routes the organic HAP vapors 
vented from the surface impoundment to a control device.
    (1) The cover and all openings shall meet the following 
requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
cover and all openings (e.g., access hatches, sampling ports, and gauge 
wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream is in the surface impoundment except when it is 
necessary to use the opening for sampling, removal, or for equipment 
inspection, maintenance, or repair.
    (iii) The cover shall be used at all times that a Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream 
is in the surface impoundment except during removal of treatment 
residuals in accordance with 40 CFR 268.4 or closure of the surface 
impoundment in accordance with 40 CFR 264.228.
    (2) The control device shall be designed, operated, and inspected 
in accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (c) Each surface impoundment shall be inspected initially, and 
semi-annually thereafter, for improper work practices and control 
equipment failures in accordance with Sec. 63.143 of this subpart.
    (1) For surface impoundments, improper work practice includes, but 
is not limited to, leaving open or ungasketed any access hatch or other 
opening when such hatch or opening is not in use.
    (2) For surface impoundments, control equipment failure includes, 
but is not limited to, any time a seal, gasket, joint, lid, cover, or 
door is cracked, gapped, or broken.
    (d) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.


Sec. 63.135  Process wastewater provisions--containers.

    (a) For each container that receives, manages, or treats a Group 1 
wastewater stream or a residual removed from a Group 1 wastewater 
stream, the owner or operator shall comply with the requirements of 
paragraphs (b) through (f) of this section.
    (b) The owner or operator shall operate and maintain a cover on 
each container used to handle, transfer, or store a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream in 
accordance with the following requirements:
    (1) Except as provided in paragraph (d)(4) of this section, if the 
capacity of the container is greater than 0.42 m3, the cover and 
all openings (e.g., bungs, hatches, sampling ports, and pressure relief 
devices) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (2) If the capacity of the container is less than or equal to 0.42 
m3, the owner or operator shall comply with either (b)(2)(i) or 
(b)(2)(ii) of this section.
    (i) The container must meet existing DOT specifications and testing 
requirements under 49 CFR part 178; or
    (ii) Except as provided in paragraph (d)(4) of this section, the 
cover and all openings shall be maintained without leaks as specified 
in Sec. 63.148 of this subpart.
    (3) The cover and all openings shall be maintained in a closed, 
sealed position (e.g., covered by a lid that is gasketed and latched) 
at all times that a Group 1 wastewater stream or residual removed from 
a Group 1 wastewater stream is in the container except when it is 
necessary to use the opening for filling, removal, inspection, 
sampling, or pressure relief events related to safety considerations.
    (c) For containers with a capacity greater than or equal to 0.42 
m3, a submerged fill pipe shall be used when a container is being 
filled by pumping with a Group 1 wastewater stream or residual removed 
from a Group 1 wastewater stream.
    (1) The submerged fill pipe outlet shall extend to no more than 6 
inches or within two fill pipe diameters of the bottom of the container 
while the container is being filled.
    (2) The cover shall remain in place and all openings shall be 
maintained in a closed, sealed position except for those openings 
required for the submerged fill pipe and for venting of the container 
to prevent physical damage or permanent deformation of the container or 
cover.
    (d) During treatment of a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream, including aeration, thermal 
or other treatment, in a container, whenever it is necessary for the 
container to be open, the container shall be located within an 
enclosure with a closed-vent system that routes the organic HAP vapors 
vented from the container to a control device.
    (1) Except as provided in paragraph (d)(4) of this section, the 
enclosure and all openings (e.g., doors, hatches) shall be maintained 
in accordance with the requirements specified in Sec. 63.148 of this 
subpart.
    (2) The control device shall be designed, operated, and inspected 
in accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (d)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any enclosure and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (e) Each container shall be inspected initially, and semi-annually 
thereafter, for improper work practices and control equipment failures 
in accordance with Sec. 63.143 of this subpart.
    (1) For containers, improper work practice includes, but is not 
limited to, leaving open or ungasketed any access hatch or other 
opening when such hatch or opening is not in use.
    (2) For containers, control equipment failure includes, but is not 
limited to, any time a seal, gasket, joint, lid, cover, or door is 
cracked, gapped, or broken.
    (f) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.


Sec. 63.136  Process wastewater provisions--individual drain systems.

    (a) For each individual drain system that receives or manages a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (b), (c), and (d) of this section. For each 
junction box or drain that receives or manages a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream, the owner 
or operator shall comply with the requirements in paragraphs (b), (c), 
and (d) or with paragraphs (e), (f), and (g) of this section.
    (b) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall operate and maintain on each opening in the 
individual drain system a cover and closed-vent system that routes the 
organic vapors vented from the individual drain system to a control 
device and the owner or operator shall comply with the requirements of 
paragraphs (b)(1) through (b)(5) of this section.
    (1) The cover and all openings shall meet the following 
requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
cover and all openings (e.g., access hatches, sampling ports) shall be 
maintained in accordance with the requirements specified in Sec. 63.148 
of this subpart.
    (ii) The cover and all openings shall be maintained in a closed, 
sealed position (e.g., covered by a lid that is gasketed and latched) 
at all times that a Group 1 wastewater stream or residual removed from 
a Group 1 wastewater stream is in the drain system except when it is 
necessary to use the opening for sampling or removal, or for equipment 
inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected 
in accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (5) The individual drain system shall be designed and operated to 
segregate the vapors within the system from other drain systems and the 
atmosphere through means such as water seals.
    (c) Each individual drain system shall be inspected initially, and 
semi-annually thereafter, for improper work practices and control 
equipment failures, in accordance with Sec. 63.143 of this subpart.
    (1) For individual drain systems, improper work practice includes, 
but is not limited to, leaving open or ungasketed any access hatch or 
other opening when such hatch or opening is not in use.
    (2) For individual drain systems, control equipment failure 
includes, but is not limited to, any time a seal, gasket, joint, lid, 
cover, or door is cracked, gapped, or broken.
    (d) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (e) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall comply with the requirements in paragraphs 
(e)(1) through (e)(3) of this section:
    (1) Each drain shall be equipped with water seal controls, such as 
a p-trap or s-trap, or a tightly sealed cap or plug. The owner or 
operator shall comply with paragraphs (e)(1)(i) and (e)(1)(ii) of this 
section.
    (i) For each drain using a p-trap or s-trap, the owner or operator 
shall ensure that water is maintained in the p-trap or s-trap. For 
example, a flow-monitoring device indicating positive flow from a main 
to a branch water line supplying a trap or water being continuously 
dripped into the trap by a hose could be used to verify flow of water 
to the trap.
    (ii) If a water seal is used on a drain hub receiving a Group 1 
wastewater, the owner or operator shall either extend the drain pipe 
discharging the wastewater below the liquid surface in the water seal, 
or install a flexible cap (or other enclosure which restricts wind 
motion) that encloses the space between the drain discharging the 
wastewater to the drain hub receiving the wastewater.

    Note: Water seals which are used on hubs receiving Group 2 
wastewater for the purpose of eliminating cross ventilation to 
drains carrying Group 1 wastewater are not required to have a 
flexible cap or extended subsurface drain.

    (2) Each junction box shall be equipped with a cover and, if 
vented, shall have a vent pipe. Any vent pipe shall be at least 90 
centimeters in length and shall not exceed 10.2 centimeters in 
diameter.
    (i) Junction box covers shall have a tight seal around the edge and 
shall be kept in place at all times, except during inspection and 
maintenance.
    (ii) One of the following methods shall be used to control 
emissions from the junction box vent pipe to the atmosphere:
    (A) Equip the junction box with a system to prevent the flow of 
organic HAP vapors from the vent pipe to the atmosphere during normal 
operation. An example of such a system includes use of water seal 
controls on the junction box.
    (B) Connect the vent pipe to a closed-vent system that is inspected 
in accordance with the requirements of Sec. 63.148 of this subpart and 
control device that is designed, operated, and inspected in accordance 
with the requirements of Sec. 63.139 of this subpart.
    (3) Each sewer line shall not be open to the atmosphere and shall 
be covered or enclosed in a manner so as to have no visible gaps or 
cracks in joints, seals, or other emission interfaces.
    (f) Equipment used to comply with paragraphs (e)(1), (e)(2), or 
(e)(3) of this section shall be inspected as follows:
    (1) Each drain using a tightly sealed cap or plug shall be visually 
inspected initially, and semi-annually thereafter, to ensure caps or 
plugs are in place and properly installed.
    (2) Each junction box shall be visually inspected initially, and 
semi-annually thereafter, to ensure that the cover is in place and to 
ensure that the cover has a tight seal around the edge.
    (3) The unburied portion of each sewer line shall be visually 
inspected initially, and semi-annually thereafter, for indication of 
cracks or gaps that could result in air emissions.
    (g) Except as provided in Sec. 63.140 of this subpart, when a gap, 
or cracked or broken seal, joint, or cover is identified, first efforts 
at repair shall be made no later than 5 calendar days after 
identification, and repair shall be completed within 15 calendar days 
after identification.


Sec. 63.137  Process wastewater provisions--oil-water separators.

    (a) For each oil-water separator that receives, manages, or treats 
a Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (c) and (d) of this section and shall 
operate and maintain one of the following:
    (1) A fixed roof and a closed vent system that routes the organic 
HAP vapors vented from the oil-water separator to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (b) of this section;
    (2) A floating roof meeting the requirements in 40 CFR part 60 
subpart QQQ Secs. 60.693-2 (a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and 
(a)(4). For portions of the oil-water separator where it is infeasible 
to construct and operate a floating roof, such as over the weir 
mechanism, the owner or operator shall operate and maintain a fixed 
roof, closed vent system, and control device that meet the requirements 
specified in paragraph (b) of this section.
    (3) An equivalent means of emission limitation. Determination of 
equivalence to the reduction in emissions achieved by the requirements 
of paragraphs (a)(1) and (a)(2) of this section will be evaluated 
according to Sec. 63.102(b) of subpart F of this part. The 
determination will be based on the application to the Administrator 
which shall include the information specified in either paragraph 
(a)(3)(i) or (a)(3)(ii) of this section.
    (i) Actual emissions tests that use full-size or scale-model oil-
water separators that accurately collect and measure all organic HAP 
emissions from a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or
    (ii) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (b) If the owner or operator elects to comply with the requirements 
of paragraphs (a)(1) or (a)(2) of this section, the fixed roof shall 
meet the requirements of paragraph (b)(1) of this section, the control 
device shall meet the requirements of paragraph (b)(2) of this section, 
and the closed-vent system shall meet the requirements of (b)(3) of 
this section.
    (1) The fixed-roof shall meet the following requirements:
    (i) Except as provided in (b)(4) of this section, the fixed roof 
and all openings (e.g., access hatches, sampling ports, and gauge 
wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the oil-water separator contains a Group 1 wastewater stream or 
residual removed from a Group 1 wastewater stream except when it is 
necessary to use the opening for sampling or removal, or for equipment 
inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected 
in accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements of Sec. 63.148 of this 
subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2) of this section, seal gaps shall be measured 
according to the procedures specified in 40 CFR part 60 subpart QQQ 
Sec. 60.696(d)(1) and the schedule specified in paragraphs (c)(1) and 
(c)(2) of this section.
    (1) Measurement of primary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream and once every 5 years thereafter.
    (2) Measurement of secondary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream and once every year thereafter.
    (d) Each oil-water separator shall be inspected initially, and 
semi-annually thereafter, for improper work practices in accordance 
with Sec. 63.143 of this subpart. For oil-water separators, improper 
work practice includes, but is not limited to, leaving open or 
ungasketed any access door or other opening when such door or opening 
is not in use.
    (e) Each oil-water separator shall be inspected for control 
equipment failures as defined in paragraph (e)(1) of this section 
according to the schedule specified in paragraphs (e)(2) and (e)(3) of 
this section.
    (1) For oil-water separators, control equipment failure includes, 
but is not limited to, the conditions specified in paragraphs (e)(1)(i) 
through (e)(1)(vii) of this section.
    (i) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (ii) There is liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, or other openings in the rim seal or 
seal fabric of the floating roof.
    (v) There are gaps between the primary seal and the separator wall 
that exceed 67 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the primary seal and the 
separator wall exceeds 3.8 centimeters.
    (vi) There are gaps between the secondary seal and the separator 
wall that exceed 6.7 square centimeters per meter of separator wall 
perimeter or the width of any portion of any gap between the secondary 
seal and the separator wall exceeds 1.3 centimeters.
    (vii) A gasket, joint, lid, cover, or door is cracked, gapped, or 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (e)(1)(i) through (e)(1)(vi) according to the 
schedule specified in paragraph (c) of this section.
    (3) The owner or operator shall inspect for control equipment 
failures in paragraph (e)(1)(vii) of this section initially, and semi-
annually thereafter.
    (f) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.


Sec. 63.138  Process wastewater provisions--treatment processes.

    (a) Except as provided in paragraph (m) of this section, the owner 
or operator shall comply with the requirements of this section 
according to paragraph (a)(1) for new sources and paragraph (a)(2) for 
existing sources.
    (1) The owner or operator at a new source shall comply with the 
requirements of paragraphs (f), (g), (h), (i), (j), (k), and (l) of 
this section and the requirements of either paragraphs (b) and (c), or 
(e) of this section.
    (2) The owner or operator at an existing source shall comply with 
the requirements of paragraphs (f), (g), (h), (i), (j), (k), and (l) of 
this section and the requirements of paragraph (c), (d), or (e) of this 
section.
    (b) Except as provided in the 95-percent biological treatment 
alternative in paragraph (e) of this section, the owner or operator of 
new sources shall comply with the following requirements for each 
wastewater stream that is a Group 1 wastewater stream for HAP's listed 
in table 8 of this subpart. The requirements of this paragraph are 
illustrated in figure 6 of this subpart.
    (1) Except as provided in paragraph (b)(5) of this section, the 
Group 1 wastewater stream shall be treated by one of the following 
methods:
    (i) Recycle to a process in accordance with the requirements 
specified in paragraph (f) of this section. Once a wastewater stream is 
returned to the production process, the wastewater stream is no longer 
subject to this section.
    (ii) Treat using a waste management unit or treatment process which 
meets one of the following conditions:
    (A) Reduces, by removal or destruction, the average VOHAP 
concentration of each individual organic HAP listed in table 8 of this 
subpart to less than 10 parts per million by weight as determined by 
the procedures specified in Sec. 63.145(b) of this subpart;
    (B) Meets all design and operation specifications for a steam 
stripper in paragraph (g) of this section; or
    (C) Reduces, by removal or destruction, by 99 percent or more, the 
total HAP mass flow rate of organic HAP's listed in table 8 of this 
subpart for a single stream, or the combined HAP mass flow rate of 
organic HAP's listed in table 8 of this subpart for mixed streams as 
determined by the procedures specified in Sec. 63.145(c) or (d) of this 
subpart.
    (iii) Treat one Group 1 stream or a combination of one or more 
Group 1 or Group 2 wastewater streams using a waste management unit or 
treatment process which meets one of the following conditions:
    (A) Reduces, by removal or destruction, by 99 percent or more the 
total HAP mass flow rate of organic HAP's listed in table 8 of this 
subpart for a single stream or the combined HAP mass flow rate of 
organic HAP's listed in table 8 of this subpart for mixed streams as 
determined by the procedures specified in Sec. 63.145(c) or (d) of this 
subpart, or
    (B) Meets all design and operation specifications for a steam 
stripper in paragraph (g) of this section; or
    (C) Achieves the required HAP mass removal of organic HAP's listed 
in table 8 of this subpart determined by the procedure in 
Sec. 63.145(f) of this subpart. The owner or operator shall demonstrate 
compliance with the required HAP mass removal by calculating the actual 
HAP mass removal according to the procedures in Sec. 63.145(h) of this 
subpart. A series of treatment processes may be used to comply with 
this requirement. All wastewater collection and treatment processes and 
waste management units located between any two treatment processes 
being used to achieve the required HAP mass removal shall comply with 
paragraph (i) of this section. For example, if a combination of two 
steam strippers is used to achieve the required HAP mass removal, and a 
surface impoundment is located between the two steam strippers, then 
the surface impoundment shall comply with Sec. 63.134 of this subpart.
    (2) For each treatment process or waste management unit used to 
comply with the requirements of this paragraph, the owner or operator 
shall comply with paragraph (i) of this section for control of air 
emissions.
    (3) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall comply with paragraph (h) of this section for 
control of air emissions.
    (4) The intentional or unintentional reduction in the individual 
VOHAP concentration or the total VOHAP average concentration of a 
wastewater stream by dilution of the wastewater stream with other 
wastewaters or materials is not allowed for the purpose of complying 
with the effluent VOHAP concentration requirements specified in 
paragraph (b)(1)(ii)(A) of this section.
    (5) If process changes, not wastewater treatment, result in a Group 
1 wastewater stream for organic HAP's listed in table 8 of this subpart 
meeting the requirements of either paragraph (b)(5)(i) or (b)(5)(ii) of 
this section, the owner or operator need not comply with paragraph 
(b)(1) of this section for that stream.
    (i) If the average flow rate at the point of generation is reduced 
to less than 0.02 liter per minute, or
    (ii) If the average VOHAP concentration at the point of generation 
for each organic HAP listed in table 8 of this subpart is reduced to 
less than 10 parts per million by weight.
    (c) Except as provided in the process unit alternative in paragraph 
(d) of this section and the 95-percent biological treatment alternative 
in paragraph (e) of this section, the owner or operator of new and 
existing sources shall comply with the following requirements for each 
wastewater stream that is a Group 1 wastewater stream for organic HAP's 
listed in table 9 of this subpart. The requirements of this paragraph 
are illustrated in figure 7 of this subpart.
    (1) Except as provided in paragraphs (c)(5) through (c)(7) of this 
section, the Group 1 wastewater stream shall be treated by one of the 
following methods:
    (i) Recycle to a process in accordance with the requirements 
specified in paragraph (f) of this section. Once a wastewater stream is 
returned to the production process, the wastewater stream is no longer 
subject to this section.
    (ii) Treat using a waste management unit which meets one of the 
following conditions:
    (A) Is a steam stripper meeting all of the design and operation 
specifications of paragraph (g) of this section;
    (B) Reduces, by removal or destruction, by 99 percent or more, the 
total HAP mass flow rate of the organic HAP's listed in table 9 of this 
subpart for a single stream or the combined HAP mass flow rate of the 
organic HAP's listed in table 9 for mixed streams as determined by the 
procedures specified in Sec. 63.145(c) or (d) of this subpart;
    (C) Reduces, by removal or destruction, the total VOHAP average 
concentration of the organic HAP's listed in table 9 of this subpart to 
a level less than 50 parts per million by weight as determined by the 
procedures specified in Sec. 63.145(b) of this subpart; or
    (D) Reduces, by removal or destruction, the HAP mass flow rate of 
each organic HAP listed in table 9 of this subpart by at least the 
reduction efficiency percentages specified in table 9 of this subpart, 
as determined by the procedures specified in Sec. 63.145(c) or (d) of 
this subpart.
    (iii) Treat one Group 1 wastewater stream or a combination of Group 
1 and Group 2 wastewater streams that have been aggregated or mixed for 
purposes of facilitating treatment using a waste management unit which 
meets one of the following conditions:
    (A) Is a steam stripper meeting all of the design and operation 
specifications of paragraph (g) of this section; or
    (B) Reduces, by removal or destruction, by 99 percent or more, the 
total HAP mass flow rate of the organic HAP's listed in table 9 of this 
subpart for a single stream or the combined HAP mass flow rate of the 
organic HAP's listed in table 9 of this subpart for mixed streams as 
determined by the procedures specified in Sec. 63.145(c) or (d) of this 
subpart; or
    (C) Reduces, by removal or destruction, the HAP mass flow rate of 
each organic HAP listed in table 9 of this subpart by at least the 
reduction efficiency percentages specified in table 9 of this subpart 
or more as determined by the procedures specified in Sec. 63.145(c) or 
(d) of this subpart; or
    (D) Achieves the required HAP mass removal of the HAP mass flow 
rate of the organic HAP's listed in table 9 of this subpart determined 
by the procedures in Sec. 63.145(g) of this subpart. The owner or 
operator shall demonstrate compliance with the required HAP mass 
removal by calculating the actual HAP mass removal according to the 
procedures in Sec. 63.145(h) of this subpart. A series of treatment 
processes may be used to comply with this requirement. All wastewater 
collection and treatment processes and waste management units located 
between any two treatment processes being used to achieve the required 
HAP mass removal shall comply with paragraph (i) of this section. For 
example, if a combination of two steam strippers are used to achieve 
the required HAP mass removal, and a surface impoundment is located 
between the two steam strippers, then the surface impoundment shall 
comply with Sec. 63.134 of this subpart.
    (2) For each treatment process or waste management unit used to 
comply with the requirements of this paragraph, the owner or operator 
shall comply with paragraph (i) of this section for control of air 
emissions.
    (3) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall comply with paragraph (h) of this section for 
control of air emissions.
    (4) The intentional or unintentional reduction in the individual 
VOHAP concentration or total VOHAP average concentration of a 
wastewater stream by dilution of the wastewater stream with other 
wastewaters or materials is prohibited for the purpose of complying 
with the effluent VOHAP concentration requirements specified in 
paragraph (c)(1)(ii)(C) of this section.
    (5) If the sum, for the source, of the VOHAP mass flow rates of 
Group 1 wastewater streams for organic HAP's listed in table 9 of this 
subpart (as determined at each stream's point of generation by the 
procedures in Sec. 63.144(e) of this subpart) is less than 1 megagram 
per year, the owner or operator need not comply with paragraph (c)(1) 
of this section.
    (6) If a Group 1 wastewater stream for organic HAP's listed in 
table 9 of this subpart is treated or managed in treatment processes 
according to the requirements in paragraphs (c)(6)(i) and (c)(6)(ii) of 
this section, the owner or operator need not comply with the 
requirements of paragraph (c)(1) of this section.
    (i) The sum, for the source, of the combined VOHAP mass flow rate 
of the organic HAP's listed in table 9 of this subpart of each Group 1 
wastewater stream as determined by the procedures specified in 
Sec. 63.144(f) of this subpart and in paragraphs (c)(6)(i)(A), 
(c)(6)(i)(B), and (c)(6)(i)(C) of this section is reduced to less than 
1 megagram per year.
    (A) The combined VOHAP mass flow rate of the organic HAP's listed 
in table 9 of this subpart in each untreated Group 1 wastewater stream 
is determined for that stream's point of generation.
    (B) The combined VOHAP mass flow rate of the organic HAP's listed 
in table 9 of this subpart in each Group 1 wastewater stream that is 
treated to levels less stringent than those required by paragraph (c) 
of this section is determined at the treatment unit outlet, but before 
the wastewater stream is mixed with other wastewater streams and prior 
to exposure to the atmosphere.
    (C) The combined VOHAP mass flow rate of the organic HAP's listed 
in table 9 of this subpart in each Group 1 wastewater stream treated to 
the levels required by paragraph (c) of this section is not included in 
the calculation of the total source combined VOHAP mass flow rate of 
the organic HAP's listed in table 9 of this subpart.
    (ii) Each waste management unit that receives, manages, or treats 
the wastewater stream prior to or during treatment meets the 
requirements of Secs. 63.133 through 63.137 of this subpart, as 
applicable.
    (7) If process changes result in a Group 1 wastewater stream for 
organic HAP's listed in table 9 of this subpart meeting the 
requirements of either paragraph (c)(7)(i) or (c)(7)(ii) of this 
section, the owner or operator need not comply with paragraph (c)(1) of 
this section for that stream.
    (i) The total VOHAP average concentration of organic HAP's listed 
in table 9 of this subpart at the point of generation is reduced to 
less than 1,000 parts per million by weight, or
    (ii) The flow rate at the point of generation is reduced to less 
than 10 liters per minute and the total VOHAP average concentration of 
organic HAP's listed in table 9 of this subpart at the point of 
generation is reduced to less than 10,000 parts per million by weight.
    (d) As an alternative to the treatment requirements in paragraph 
(c) of this section, an owner or operator may elect to treat all 
wastewater streams generated at an existing source by complying with 
the requirements of paragraphs (d)(1) through (d)(4) of this section. 
The requirements of this Process Unit Alternative are illustrated in 
figure 8 of this subpart.
    (1) The owner or operator shall ensure that the total VOHAP average 
concentration of organic HAP's listed in table 9 of this subpart of 
each process wastewater stream exiting the chemical manufacturing 
process unit is less than 10 parts per million by weight as determined 
by the procedures in Sec. 63.145(b) of this subpart.
    (2) If the total VOHAP average concentration of organic HAP's 
listed in table 9 of this subpart for any individual wastewater stream 
or combination of wastewater streams, as determined either at the point 
of generation for an individual wastewater stream or at the point 
following combination with other process wastewater streams prior to 
exposure to the atmosphere, is greater than or equal to 10 parts per 
million by weight, the owner or operator shall comply with the 
requirements of either paragraph (d)(2)(i) or (d)(2)(ii) of this 
section.
    (i) The wastewater stream shall be treated to achieve a total VOHAP 
average concentration of organic HAP's listed in table 9 of this 
subpart of less than 10 parts per million by weight as determined by 
the procedures in Sec. 63.145(b) of this subpart, or
    (ii) The wastewater stream shall be recycled to the process in 
accordance with paragraphs (f)(1) and (f)(2) of this section. Once a 
wastewater stream is returned to the production process, the wastewater 
stream is no longer subject to this section.
    (3) For each residual removed from a wastewater stream, the owner 
or operator shall comply with paragraph (h) of this section for control 
of air emissions.
    (4) For each treatment process or waste management unit that 
receives, manages, or treats wastewater streams generated within the 
process unit, the owner or operator shall comply with paragraph (i) of 
this section for control of air emissions.
    (e) As an alternative to the treatment requirements in paragraphs 
(b) and (c) of this section, an owner or operator may elect to treat 
all Group 1 and Group 2 wastewater streams in a biological treatment 
unit by complying with the requirements of paragraphs (e)(1) through 
(e)(4) of this section.
    (1) Except as provided in paragraph (e)(4) of this section, the 
owner or operator shall ensure that all wastewater streams entering a 
biological treatment unit are treated to destroy at least 95-percent 
total organic HAP mass of all organic HAP's listed in table 9 of this 
subpart.
    (2) The owner or operator shall demonstrate that 95 percent of the 
mass of the HAP's listed in table 9 is removed from the wastewater 
stream or combination of wastewater streams by the procedure specified 
in Sec. 63.145(i) of this subpart.
    (3) For each treatment process or waste management unit that 
receives, manages, or treats wastewater streams subject to this 
paragraph, the owner or operator shall comply with paragraph (i) of 
this section for control of air emissions from the point of generation 
to the biological treatment unit.
    (4) The owner or operator may combine this compliance option with 
other options provided in either paragraph (b) of this section for new 
sources or (c) or (d) of this section for new and existing sources. 
However, if a wastewater stream is in compliance with a treatment 
option provided in either paragraph (b), (c), or (d) of this section, 
and the treated wastewater is mixed with untreated wastewater that is 
destined for the biological treatment unit, the owner or operator shall 
comply with the requirements in Sec. 63.133 through Sec. 63.137 of this 
subpart until the wastewater enters the biological treatment unit.
    (f) If an owner or operator elects to comply with the provisions in 
paragraph (b)(1)(i), (c)(1)(i), (d)(2)(ii), or (h)(1) of this section 
to recycle to a production process a Group 1 wastewater stream or 
residual removed from a Group 1 wastewater stream, the owner or 
operator shall comply with the requirements of paragraphs (f)(1) and 
(f)(2) of this section.
    (1) The wastewater stream or residual shall not be exposed to the 
atmosphere during recycle or at the process unit, and
    (2) Each waste management unit that receives, manages, or treats 
the wastewater stream or residual, prior to or during recycle, shall 
meet the requirements of Secs. 63.133 through 63.137 of this subpart, 
as applicable.
    (3) Each waste management unit that receives, manages, or treats 
the wastewater stream or residual, prior to or during recycle, shall 
meet the inspection and monitoring requirements in Sec. 63.143(a) as 
summarized in table 11 of this subpart, as applicable. Recycled 
wastewater streams and recycled residuals are not subject to the 
monitoring requirements for treatment processes in Sec. 63.143(b) as 
summarized in table 12 of this subpart.
    (g) If an owner or operator elects to comply with paragraph 
(b)(1)(ii)(B), (b)(1)(iii)(B), (c)(1)(ii)(A), or (c)(1)(iii)(A) of this 
section, the owner or operator shall operate and maintain a steam 
stripper that meets the requirements of paragraphs (g)(1) through 
(g)(5) of this section.
    (1) Minimum active column height of 5 meters,
    (2) Countercurrent flow configuration with a minimum of 10 actual 
trays,
    (3) Minimum steam flow rate of 0.04 kilograms of steam per liter of 
wastewater feed,
    (4) Minimum wastewater feed temperature to the steam stripper of 
P95  deg.C,
    (5) Maximum liquid loading of 67,100 liters per hour per square 
meter, and
    (6) Minimum steam quality of 2,765 kiloJoules per kilogram.
    (h) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall control for air emissions by complying with 
paragraph (i) of this section and by complying with one of the 
provisions in paragraphs (h)(1) through (h)(3) of this section. The 
requirements of this paragraph are illustrated in figure 8 of this 
subpart.
    (1) Recycle the residual to a production process or sell the 
residual for the purpose of recycling in accordance with the 
requirements specified in paragraph (f) of this section. Once a 
residual is returned to the production process, the residual is no 
longer subject to this section.
    (2) Return the residual to the treatment process.
    (3) Treat the residual to destroy the total combined HAP mass flow 
rate by 99 percent or more, as determined by the procedures specified 
in Sec. 63.145 (c) or (d) of this subpart.
    (i) For each treatment process or waste management unit that 
receives, manages, or treats a Group 1 wastewater stream, or residual 
removed from a Group 1 wastewater stream, prior to and during treatment 
or recycle, the owner or operator shall comply with the requirements of 
paragraph (i)(1), (i)(2), or (i)(3) of this section.
    (1) If the treatment process or waste management unit is a 
wastewater tank, surface impoundment, container, individual drain 
system, or oil-water separator, the owner or operator shall comply with 
the applicable provisions in Secs. 63.133 through 63.137 of this 
subpart.
    (2) If the treatment process or waste management unit is a properly 
operated biological treatment unit which meets the HAP mass removal 
requirements of either paragraph (b)(1)(iii)(C) or (e) of this section 
for new sources, or either paragraph (c)(1)(iii)(D) or (e) of this 
section for new and existing sources, as applicable, the biological 
treatment unit need not be covered and vented to a control device as 
required by the applicable provisions in Secs. 63.133 through 63.137 of 
this subpart; or
    (3) If Secs. 63.133 through 63.137 of this subpart are not 
applicable to the treatment process or waste management unit, the owner 
or operator shall comply with the requirements in paragraphs (i)(3)(i) 
through (i)(3)(iv) of this section.
    (i) Each opening from the treatment process or waste management 
unit shall be covered and vented to a closed-vent system that routes 
the organic HAP vapors from the unit to a control device designed and 
operated in accordance with Sec. 63.139 of this subpart;
    (ii) The closed-vent system shall be inspected in accordance with 
Sec. 63.148 of this subpart.
    (iii) Except as provided in paragraph (i)(3)(iv) of this section, 
each cover shall be maintained without leaks as specified in 
Sec. 63.148 of this subpart.
    (iv) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements in Sec. 63.148 of this 
subpart.
    (j) Except as provided in paragraph (m) of this section, the owner 
or operator shall demonstrate by the procedures in either paragraph 
(j)(1) or (j)(2) of this section that each treatment process or waste 
management unit used to comply with paragraph (b)(1), (c)(1), or (d) of 
this section achieves the conditions specified in paragraph (b)(1), 
(c)(1), or (d) of this section, whichever is applicable. If a 
biological treatment unit is used to comply with the HON, the owner or 
operator shall comply with paragraph (j)(3) of this section.
    (1) A design evaluation and supporting documentation that addresses 
the operating characteristics of the treatment process or waste 
management unit and that is based on operation at a representative 
wastewater stream flow rate and a VOHAP concentration under which it 
would be most difficult to demonstrate compliance; or
    (2) Performance tests conducted using test methods and procedures 
that meet the requirements specified in Sec. 63.145 of this subpart.
    (3) The owner or operator shall use the procedures specified in 
appendix C of this part to demonstrate compliance.
    (k) If the treatment process or waste management unit has any 
openings (e.g., access doors, hatches, etc.), all such openings shall 
be sealed (e.g., gasketed, latched, etc.) and kept closed at all times 
that a Group 1 wastewater stream, or residual removed from a Group 1 
wastewater stream, is in the treatment process or waste management 
unit, except during inspection and maintenance, and except as provided 
in paragraph (i)(2) of this section for properly operated biological 
treatment units.
    (1) Each seal, access door, and all other openings shall be checked 
by visual inspections initially, and semi-annually thereafter, to 
ensure that no cracks or gaps occur and that openings are closed and 
gasketed properly.
    (2) When a gap, tear, or broken seal or gasket is identified by a 
visual inspection, first efforts at repair shall be no later than 5 
calendar days after the leak is detected, and repair shall be completed 
within 15 calendar days after identification.
    (l) The owner or operator of a treatment process or waste 
management unit that is used to comply with the provisions of this 
section shall monitor the unit in accordance with the applicable 
requirements in Sec. 63.143 of this subpart.
    (m) A wastewater stream or residual is in compliance with the 
requirements of paragraphs (b), (c), and (h) of this section, as 
applicable, and is exempt from the requirements of paragraph (j) of 
this section provided that the owner or operator complies with the 
requirements of paragraphs (f), (i), (k), and (l) of this section and 
documents that the wastewater stream or residual is in compliance with 
one of the regulatory requirements specified in paragraphs (m)(1) 
through (m)(3) of this section.
     (1) The wastewater stream or residual is discharged to a hazardous 
waste incinerator for which the owner or operator has been issued a 
final permit under 40 CFR part 270 and complies with the requirements 
of 40 CFR part 264, subpart O;
    (2) The wastewater stream or residual is discharged to an 
industrial furnace or boiler burning hazardous waste for which the 
owner or operator:
     (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (3) The wastewater stream or residual is discharged to an 
underground injection well for which the owner or operator has been 
issued a final permit under 40 CFR part 270 or 40 CFR part 144 and 
complies with the requirements of 40 CFR part 122.

    [Note: The owner or operator shall comply with all applicable 
HON requirements prior to the point where the wastewater enters the 
underground portion of the injection well.]


Sec. 63.139  Process wastewater provisions--control devices.

    (a) For each control device used to comply with the provisions in 
Secs. 63.133 through 63.138 of this subpart, the owner or operator 
shall operate and maintain the control device in accordance with the 
requirements of paragraphs (b) through (f) of this section.
    (b) Whenever organic HAP emissions are vented to a control device 
which is used to comply with the provisions of this subpart, such 
control device shall be operating.
    (c) The control device shall be designed and operated in accordance 
with paragraph (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this 
section.
    (1) An enclosed combustion device (including but not limited to a 
vapor incinerator, boiler, or process heater) shall meet the conditions 
in paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section. If 
a boiler or process heater is used as the control device, then the vent 
stream shall be introduced into the flame zone of the boiler or process 
heater.
    (i) Reduce the total organic compound emissions, less methane and 
ethane, or total organic HAP emissions vented to the control device by 
95 percent by weight or greater;
    (ii) Achieve an outlet total organic compound concentration, less 
methane and ethane, or total organic HAP concentration of 20 parts per 
million by volume on a dry basis corrected to 3 percent oxygen. The 
owner or operator shall use either Method 18 of 40 CFR part 60, 
appendix A, or any other method or data that has been validated 
according to the applicable procedures in Method 301 of appendix A of 
this part; or
    (iii) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760  deg.C.
     (2) A vapor recovery system (including but not limited to a carbon 
adsorption system or condenser) shall reduce the total organic compound 
emissions, less methane and ethane, or total organic HAP emissions 
vented to the control device of 95 percent by weight or greater.
    (3) A flare shall comply with the requirements of 63.11(b) of 
subpart A of this part.
    (4) A scrubber shall reduce the total organic compound emissions, 
less methane and ethane, or total organic HAP emissions in such a 
manner that 95 weight percent is destroyed by chemical reaction with 
the scrubbing liquid.
    (5) Any other control device used shall reduce the total organic 
compound emissions, less methane and ethane, or total organic HAP 
emissions vented to the control device by 95 percent by weight or 
greater.
    (d) Except as provided in paragraph (d)(4) of this section, an 
owner or operator shall demonstrate that each control device achieves 
the appropriate conditions specified in paragraph (c) of this section 
by using one of the methods specified in paragraphs (d)(1), (d)(2), or 
(d)(3) of this section.
    (1) Performance tests conducted using the test methods and 
procedures specified in Sec. 63.145(e) of this subpart; or
    (2) A design evaluation that addresses the vent stream 
characteristics and control device operating parameters specified in 
paragraphs (d)(2)(i) through (d)(2)(vii) of this section.
    (i) For a thermal vapor incinerator, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperature in the combustion zone and the combustion zone residence 
time.
    (ii) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet.
    (iii) For a boiler or process heater, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate; shall establish the design minimum and average flame zone 
temperatures and combustion zone residence time; and shall describe the 
method and location where the vent stream is introduced into the flame 
zone.
    (iv) For a condenser, the design evaluation shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet.
    (v) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, 
the design evaluation shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature and shall establish the design exhaust vent stream organic 
compound concentration level, adsorption cycle time, number and 
capacity of carbon beds, type and working capacity of activated carbon 
used for carbon beds, design total regeneration stream flow over the 
period of each complete carbon bed regeneration cycle, design carbon 
bed temperature after regeneration, design carbon bed regeneration 
time, and design service life of carbon.
    (vi) For a carbon adsorption system that does not regenerate the 
carbon bed directly on-site in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration level, capacity of carbon bed, type and 
working capacity of activated carbon used for carbon bed, and design 
carbon replacement interval based on the total carbon working capacity 
of the control device and source operating schedule.
    (vii) For a scrubber, the design evaluation shall consider the vent 
stream composition; constituent concentrations; liquid-to-vapor ratio; 
scrubbing liquid flow rate and concentration; temperature; and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream 
organic compound concentration level and will include the additional 
information in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) of this 
section for trays and a packed column scrubber.
    (A) Type and total number of theoretical and actual trays;
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (3) For flares, the compliance determination specified in 
Sec. 63.11(b) of subpart A of this part.
    (4) An owner or operator using any control device specified in 
paragraphs (d)(4)(i) through (d)(4)(iii) of this section is exempt from 
the requirements in paragraphs (d)(1) through (d)(3) of this section 
and from the requirements in Sec. 63.6(f) of subpart A of this part.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater into which the emission stream is 
introduced with the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (e) The owner or operator of a control device that is used to 
comply with the provisions of this section shall monitor the control 
device in accordance with Sec. 63.143 of this subpart.
    (f) Except as provided in Sec. 63.140 of this subpart, if visible 
defects in ductwork, piping, and connections to covers and control 
devices are observed during an inspection, a first effort to repair the 
control device shall be made as soon as practicable but no later than 5 
calendar days after identification. Repair shall be completed no later 
than 15 calendar days after identification or the visible defect is 
observed.


Sec. 63.140  Process wastewater provisions--delay of repair.

    Delay of repair of equipment for which an improper work practice or 
a control equipment failure has been identified, is allowed if the 
repair is technically infeasible without a shutdown, as defined in 
Sec. 63.101 of subpart F of this part, or if the owner or operator 
determines that emissions of purged material from immediate repair 
would be greater than the fugitive emissions likely to result from 
delay of repair. Repair of this equipment shall occur by the end of the 
next shutdown.


Sec. 63.141  [Reserved]


Sec. 63.142  [Reserved]


Sec. 63.143  Process wastewater provisions--inspections and monitoring 
of operations.

    (a) For each wastewater tank, surface impoundment, container, 
individual drain system, and oil-water separator that receives, 
manages, or treats a Group 1 wastewater stream, a residual removed from 
a Group 1 wastewater stream, a recycled Group 1 wastewater stream, or a 
recycled residual removed from a Group 1 wastewater stream, the owner 
or operator shall comply with the inspection requirements specified in 
table 11 of this subpart.
     (b) For each design steam stripper and biological treatment unit 
used to comply with Sec. 63.138 of this subpart, the owner or operator 
shall comply with the monitoring requirements specified in table 12 of 
this subpart.
    (c) If the owner or operator elects to comply with Items 1 or 2 in 
table 12 of this subpart, the owner or operator shall request approval 
to monitor appropriate parameters that demonstrate proper operation of 
the biological treatment unit. The request shall be submitted according 
to the procedures specified in Sec. 63.146(a)(3) of this subpart.
    (d) If the owner or operator elects to comply with Item 4 in table 
12 of this subpart, the owner or operator shall request approval to 
monitor appropriate parameters that demonstrate proper operation of the 
selected treatment process. The request shall be submitted according to 
the procedures specified in Sec. 63.146(a)(3) of this subpart, and 
shall include a description of planned reporting and recordkeeping 
procedures. The Administrator will specify appropriate reporting and 
recordkeeping requirements as part of the review of the Implementation 
Plan or permit application.
    (e) Except as provided in paragraphs (e)(4) and (e)(5) of this 
section, for each control device used to comply with the requirements 
of Secs. 63.133 through 63.139 of this subpart, the owner or operator 
shall comply with the requirements in Sec. 63.139(d) of this subpart, 
and with the requirements specified in paragraph (e)(1), (e)(2), or 
(e)(3) of this section.
    (1) The owner or operator shall comply with the monitoring 
requirements specified in table 13 of this subpart; or
    (2) The owner or operator shall use an organic monitoring device 
installed at the outlet of the control device and equipped with a 
continuous recorder. Continuous recorder is defined in Sec. 63.111 of 
this subpart; or
    (3) The owner or operator shall request approval to monitor 
parameters other than those specified in paragraphs (e)(1) and (e)(2) 
of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.146(a)(3) of this subpart, and shall 
include a description of planned reporting and recordkeeping 
procedures. The Administrator will specify appropriate reporting and 
recordkeeping requirements as part of the review of the Implementation 
Plan or permit application.
    (4) For a boiler or process heater in which all vent streams are 
introduced with primary fuel, the owner or operator shall comply with 
the requirements in Sec. 63.139(d) of this subpart but the owner or 
operator is exempt from the monitoring requirements specified in 
paragraphs (e)(1) through (e)(3) of this section.
    (5) For a boiler or process heater with a design heat input 
capacity of 44 megawatts or greater, the owner or operator shall comply 
with the requirements in Sec. 63.139(d) of this subpart but the owner 
or operator is exempt from the monitoring requirements specified in 
paragraphs (e)(1) through (e)(3) of this section.
    (f) For each parameter monitored in accordance with paragraph (c), 
(d), or (e) of this section, the owner or operator shall establish a 
range that indicates proper operation of the treatment process or 
control device. In order to establish the range, the owner or operator 
shall comply with the requirements specified in Sec. 63.146 
(b)(7)(ii)(A) and (b)(8)(ii) of this subpart.
    (g) Monitoring equipment shall be installed, calibrated, and 
maintained according to the manufacturer's specifications.


Sec. 63.144  Process wastewater provisions--test methods and procedures 
for determining applicability and Group 1/Group 2 determinations.

    (a) An owner or operator of a wastewater stream shall comply with 
paragraph (a)(1), (a)(2), or (a)(3) of this section. These may be used 
in combination.
    (1) An owner or operator shall determine whether a wastewater 
stream is a Group 1 or Group 2 wastewater stream in accordance with 
paragraphs (b) and (c) of this section.
    (2) An owner or operator shall comply with the requirements for 
designating a wastewater stream to be a Group 1 wastewater stream in 
accordance with paragraph (d) of this section.
    (3) An owner or operator shall demonstrate compliance with the 
source-wide 1 megagram per year option in accordance with either 
paragraph (e) or (f) of this section.
    (b) An owner or operator of a new or existing source who elects to 
comply with the requirements of paragraph (a)(1) of this section shall 
determine the total VOHAP average concentration for HAP's listed on 
table 9 of this subpart; and, for new sources, the owner or operator 
shall determine the average VOHAP concentration of each individually 
speciated organic HAP listed on table 8 of this subpart either at the 
point of generation of each wastewater stream as specified in paragraph 
(b)(1) of this section or downstream of the point(s) of generation for 
a single wastewater stream or a mixture of wastewater streams as 
specified in paragraph (b)(2) of this section.
    (1) An owner or operator who elects to determine the total VOHAP 
average concentration for HAP's listed on table 9 of this subpart or 
the average VOHAP concentration of each individually speciated organic 
HAP listed on table 8 of this subpart at the point of generation shall 
comply with paragraph (b)(3), (b)(4), or (b)(5) of this section.
    (2) An owner or operator who elects to determine the total VOHAP 
average concentration for HAP's listed on table 9 of this subpart or 
the average VOHAP concentration of each individually speciated organic 
HAP listed on table 8 of this subpart downstream of the point of 
generation shall comply with paragraph (b)(3), (b)(4), or (b)(5) of 
this section and with paragraph (b)(6) of this section. An owner or 
operator shall make corrections to account for changes in VOHAP 
concentration that result from air emissions; mixing with other water 
or wastewater streams; and treatment or otherwise handling the 
wastewater stream to remove or destroy HAP's.
    (3) Knowledge of the wastewater. The owner or operator shall 
provide sufficient information to document the total VOHAP average 
concentration for HAP's listed on table 9 of this subpart or average 
VOHAP concentration of each individually speciated organic HAP listed 
on table 8 of this subpart for each wastewater stream. Examples of 
information that could constitute knowledge include material balances, 
records of chemical purchases, process stoichiometry, or previous test 
results provided the results are still representative of current 
operating practices at the process unit(s). If test data are used, then 
the owner or operator shall provide documentation describing the 
testing protocol and the means by which sampling variability and 
analytical variability were accounted for in the determination of the 
total VOHAP average concentration of HAP's listed on table 9 of this 
subpart or average VOHAP concentration of each individually speciated 
organic HAP listed on table 8 of this subpart for the wastewater 
stream. The owner or operator shall document how process knowledge is 
used to determine the total VOHAP average concentration of HAP's listed 
on table 9 of this subpart or the average VOHAP concentration of each 
individually speciated HAP listed on table 8 of this subpart, if it is 
determined that the wastewater stream is not a Group 1 wastewater 
stream due to VOHAP concentration.
    (4) Bench-scale or pilot-scale test data. The owner or operator 
shall provide sufficient information to demonstrate that the bench-
scale or pilot-scale test concentration data are representative of the 
actual total VOHAP average concentration of HAP's listed on table 9 of 
this subpart or average VOHAP concentration of each individually 
speciated organic HAP listed on table 8 of this subpart. The owner or 
operator shall also provide documentation describing the testing 
protocol, and the means by which sampling variability and analytical 
variability were accounted for in the determination of total VOHAP 
average concentration or average VOHAP concentration of each 
individually speciated organic HAP for the wastewater stream.
    (5) Measurements made at the point of generation or at a location 
downstream of the point of generation. Each wastewater stream shall be 
analyzed using one of the following test methods for determining the 
total VOHAP average concentration or average VOHAP concentration of 
each individually speciated organic HAP.
    (i) Use procedures specified in Method 305 of 40 CFR part 63, 
appendix A.
    (A) The following equation shall be used to calculate the VOHAP 
concentration of an individually speciated organic HAP listed on table 
8 of this subpart:

TR22AP94.219

where:

Ci=VOHAP concentration of the individually-speciated organic HAP 
in the wastewater, parts per million by weight.
CC=Concentration of the organic HAP (i) in the gas stream, as 
measured by Method 305 of appendix A of this part, parts per million by 
volume on a dry basis.
MS=Mass of sample, from Method 305 of appendix A of this part, 
milligrams.
MW=Molecular weight of the organic HAP (i), grams per gram-mole.
24.055=Ideal gas molar volume at 293  deg.Kelvin and 760 
millimeters of mercury, liters per gram-mole.
Pi=Barometric pressure at the time of sample analysis, millimeters 
mercury absolute.
760=Reference or standard pressure, millimeters mercury absolute.
293=Reference or standard temperature,  deg.Kelvin.
Ti=Sample gas temperature at the time of sample analysis, 
 deg.Kelvin.
t=Actual purge time, from Method 305 of appendix A of this part, 
minutes.
L=Actual purge rate, from Method 305 of appendix A of this part, liters 
per minute.
103=Conversion factor, milligrams per gram.

    (B) Total VOHAP concentration (stream) can be determined by summing 
the VOHAP concentrations of all individually speciated organic HAP's in 
the wastewater.

TR22AP94.220

where:

 Cstream=Total VOHAP concentration of wastewater stream
i=Number of organic HAP's in the wastewater stream
 Ci=VOHAP concentration of individual organic HAP (i) calculated 
according to the procedures in paragraph (b)(5)(i)(A) of this section
    (C) The calculations in paragraph (b)(5)(i)(A), and where 
applicable, (b)(5)(i)(B) of this section shall be performed for a 
minimum of three samples from each wastewater stream which are 
representative of normal flow and concentration conditions. Wastewater 
samples shall be collected using the sampling procedures specified in 
Method 25D of 40 CFR part 60, appendix A. Where feasible, samples shall 
be taken from an enclosed pipe prior to the wastewater being exposed to 
the atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
to minimize exposure of the sample to the atmosphere and loss of 
organic HAP's prior to sampling.
    (D) If the wastewater stream has a steady flow rate throughout the 
year, the total VOHAP average concentration for HAP's listed on table 9 
of this subpart of the wastewater stream shall be calculated by 
averaging the values calculated in paragraph (b)(5)(i)(B) for the 
individual samples:

TR22AP94.221

where:

Cstream, avg=total VOHAP average concentration for HAP's listed on 
table 9 of this subpart of the wastewater stream
j=number of samples
Cstream, j=total VOHAP concentration of wastewater stream as 
measured in sample (j), calculated according to the procedures in 
paragraph (b)(5)(i)(B) of this section

    (E) The average VOHAP concentration for each individually speciated 
organic HAP (i) listed on table 8 of this subpart shall be calculated 
by averaging the values calculated in paragraph (b)(5)(i)(A) of this 
section for the individual samples:

TR22AP94.222

where:

Ci, avg=average VOHAP concentration for each individually 
speciated organic HAP (i) listed on table 8 of this subpart
j=number of samples
Ci, j=VOHAP concentration of an individual organic HAP (i) as 
measured in sample (j)

    (ii) Use Method 25D of part 60, appendix A to measure total VO 
average concentration as a surrogate for total VOHAP average 
concentration;
    (iii) Use a test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated according to section 5.1 or 5.3 of Method 301 of appendix A 
of this part. The specific requirement of Method 305 of appendix A of 
this part to collect the sample into polyethylene glycol would not be 
applicable. The concentrations of the individual organic HAP's measured 
in the water may be corrected to their concentrations had they been 
measured by Method 305 of appendix A of this part, by multiplying each 
concentration by the compound-specific fraction measured factor listed 
in table 34 of this subpart.
    (iv) If the chemical manufacturing process unit equipment has 
variable flow rates (e.g., flexible operation units), the owner or 
operator shall make corrections to account for such changes.
    (6) When the total VOHAP average concentration or the average VOHAP 
concentration of each individual organic HAP is determined downstream 
of the point of generation at a location where two or more wastewater 
streams have been mixed, or one or more wastewater streams have been 
treated or organic HAP losses to the atmosphere have occurred, the 
owner or operator shall make corrections for such changes in VOHAP 
concentration when calculating to represent the VOHAP concentration at 
the point of generation. Total VOHAP average concentration or average 
VOHAP concentration of each individual organic HAP shall be determined 
for each individual wastewater stream according to the procedure 
specified in paragraph (b)(3), (b)(4), or (b)(5) of this section.
    (c) An owner or operator who elects to comply with paragraph (a)(1) 
of this section shall determine the annual average wastewater flow rate 
either at the point of generation for each wastewater stream, as 
specified in paragraph (c)(1) of this section, or downstream of the 
point(s) of generation for a single wastewater stream or a mixture of 
wastewater streams as specified in paragraph (c)(2) of this section.
    (1) An owner or operator who elects to determine the annual average 
wastewater flow rate at the point of generation shall comply with 
paragraph (c)(3), (c)(4), or (c)(5) of this section.
    (2) An owner or operator who elects to determine the annual average 
wastewater flow rate downstream of the point of generation shall comply 
with paragraph (c)(3), (c)(4), or (c)(5) of this section and with 
paragraph (c)(6) of this section.
    (3) Use the maximum annual average production capacity of the 
process unit, knowledge of the process, and mass balance information to 
either: Estimate directly the annual average wastewater flow rate; or 
estimate the total annual wastewater volume and then divide total 
volume by 525,600 minutes in a year. If knowledge of the process is 
used to determine the annual average flow rate for a wastewater stream 
and it is determined that the wastewater stream is not Group 1, the 
owner or operator shall document how process knowledge is used to 
determine annual average flow rate.
    (4) Select the highest annual average flow rate of wastewater from 
historical records representing the most recent 5 years of operation 
or, if the process unit has 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.
    (5) Measure the flow rate of the wastewater for the point of 
generation during conditions that are representative of average 
wastewater generation rates.
    (6) When the average wastewater flow rate is determined downstream 
of the point of generation at a location where two or more wastewater 
streams have been mixed, or one or more wastewater streams have been 
treated or organic HAP losses to the atmosphere have occurred, the 
owner or operator shall make corrections for such changes in average 
wastewater flow rate when calculating to represent the average 
wastewater flow rate at the point of generation. The annual average 
flow rate shall be determined for each individual wastewater stream 
according to the procedures specified in paragraph (c)(1), (c)(2), or 
(c)(3) of this section.
    (d) An owner or operator who elects to comply with paragraph (a)(2) 
of this section shall designate as a Group 1 wastewater stream a single 
wastewater stream or a mixture of wastewater streams and shall comply 
with the requirements in paragraphs (d)(1) through (d)(3) of this 
section.
    (1) From the point of generation for each wastewater stream that is 
included in the Group 1 designation to the location where the owner or 
operator elects to designate such wastewater stream(s) as Group 1 
wastewater, the owner or operator must comply with all applicable 
emission suppression requirements specified in Secs. 63.133 through 
63.137.
    (2) From the location where the owner or operator designates a 
wastewater stream or mixture of wastewater streams to be Group 1 
wastewater, such Group 1 wastewater streams shall be managed in 
accordance with all applicable emission suppression requirements 
specified in Secs. 63.133 through 63.137 and with the treatment 
requirements in Sec. 63.138 of this part.
    (3) An owner or operator who complies with paragraph (d) of this 
section is not required to determine the VOHAP concentration or flow 
rate for each wastewater stream at its point of generation. However, an 
owner or operator who elects to designate as a Group 1 wastewater 
stream a single wastewater stream or a mixture of wastewater streams 
shall determine the following characteristics for the location where 
Group 1 designation is made [Note: Characteristics must be known to 
ensure compliance with treatment requirements]:
    (i) The total VOHAP average concentration for HAP's listed on table 
9 of this subpart or the VOHAP average concentration for each 
individually speciated organic HAP listed on table 8 of this subpart 
using the methods specified in paragraph (b)(3), (b)(4), or (b)(5)(i) 
through (b)(5)(iv) of this section, and
    (ii) The average wastewater flow rate using methods specified in 
paragraph (c)(1) or (c)(2), or by measuring the flow rate of the 
wastewater during conditions that are representative of average 
wastewater generation rates.
    (e) To demonstrate that the total source VOHAP mass flow rate from 
untreated Group 1 wastewater streams in new and existing SOCMI units is 
less than 1 megagram per year as specified in Sec. 63.138(c)(5) of this 
subpart, an owner or operator who elects to comply with paragraph 
(a)(3) of this section shall determine for the source the total VOHAP 
mass flow rate from all Group 1 wastewater streams identified in 
Sec. 63.132(g)(1) of this subpart at their points of generation by the 
following procedure:
    (1) Determine the total VOHAP average concentration for each 
wastewater stream using the procedures specified in paragraph (b) of 
this section.
    (2) Calculate the annual total VOHAP mass flow rate in each 
wastewater stream by multiplying the annual average flow rate of the 
wastewater stream, as determined by procedures specified in paragraph 
(c) of this section, times the total VOHAP average concentration, as 
determined by procedures specified in paragraph (b) of this section.
    (3) Calculate the total source VOHAP mass flow rate from all Group 
1 wastewater streams by adding together the annual total VOHAP mass 
flow rate from each Group 1 wastewater stream.
    (f) An owner or operator who elects to comply with paragraph (a)(3) 
of this section and to reduce the total source VOHAP mass flow rate to 
less than 1 megagram per year in accordance with Sec. 63.138(c)(6) of 
this subpart shall determine the total source VOHAP mass flow rate from 
Group 1 wastewater streams identified in Sec. 63.132(g)(1) of this 
subpart by the following procedures:
    (1) The annual total VOHAP mass flow rate of each Group 1 
wastewater stream treated to the level of the provisions of 
Sec. 63.138(c) of this subpart shall not be included in the total 
source VOHAP mass flow rate calculation.
    (2) For each untreated Group 1 wastewater stream, annual total 
VOHAP mass flow rate shall be determined by the procedures in paragraph 
(e) of this section.
    (3) For each Group 1 wastewater stream treated to levels less than 
required by the provisions of Sec. 63.138(c) of this subpart, the 
annual total VOHAP mass flow rate shall be determined as follows:
    (i) Measurement or sampling shall occur at the point of discharge 
of the treatment process or series of treatment processes. The point of 
discharge is defined as the point where the treated wastewater exits 
the treatment process but before it is mixed with other wastewater 
streams, and prior to exposure to the atmosphere.
    (ii) Determine the total VOHAP average concentration for each 
wastewater stream at the point of discharge using the procedures 
specified in paragraph (b) of this section.
    (iii) Calculate the annual total VOHAP mass flow rate of each 
wastewater stream by multiplying the annual average flow rate of the 
wastewater stream times the total VOHAP average concentration.
    (4) The total source VOHAP mass flow rate shall be calculated by 
summing the annual total VOHAP mass flow rate from all wastewater 
streams as determined in paragraphs (f)(2) and (f)(3) of this section.


Sec. 63.145  Process wastewater provisions--test methods and procedures 
to determine compliance.

    (a) This paragraph applies to the use of all performance tests to 
demonstrate compliance of a treatment process or waste management unit.
    (1) The test shall be conducted when the treatment process or waste 
management unit is operating at a representative inlet wastewater 
stream flow rate and VOHAP concentration under which it would be most 
difficult to demonstrate compliance.
    (2) Operations during periods of start-up, shutdown, or malfunction 
shall not constitute representative conditions for the purpose of a 
test.
    (3) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (4) The owner or operator shall record all process information as 
is necessary to document operating conditions during the test.
    (b) This paragraph applies to the use of performance tests to 
demonstrate compliance of a treatment process with the parts per 
million by weight wastewater stream concentration limits at the outlet 
of the treatment process.
    (1) The total VOHAP average concentration shall be measured for 
compliance with the concentration alternatives specified in 
Sec. 63.138(c)(1)(ii)(C), (d)(1), and (d)(2)(i) of this subpart; or the 
average concentration of each HAP shall be measured for compliance with 
the concentration alternatives specified in Sec. 63.138(b)(1)(ii)(A) of 
this subpart.
    (2) A minimum of three representative samples of the wastewater 
stream exiting the treatment process shall be collected and analyzed 
using the procedures in Sec. 63.144(b)(5) of this subpart.
    (c) This paragraph applies to the use of performance tests to 
demonstrate compliance of a noncombustion treatment process with the 
percent reduction limits. Refer to paragraph (c)(1) of this section to 
demonstrate compliance with the percent reduction limits for total HAP 
mass flow rate. Refer to paragraph (c)(2) of this section to 
demonstrate compliance with the percent reduction limits for each 
individually speciated HAP.
    (1) The percent reduction of total HAP mass flow rate shall be 
measured for compliance with Sec. 63.138(b)(1)(ii)(C), (b)(1)(iii)(A), 
(c)(1)(ii)(B), or (c)(1)(iii)(B) of this subpart by the procedures in 
paragraphs (c)(1)(i) through (c)(1)(iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The total HAP mass flow rate entering the treatment process 
(Eb) and exiting the treatment process (Ea) shall be 
determined by computing the product of the average flow rate of the 
wastewater stream entering or exiting the treatment process, and the 
total average HAP concentration of the entering or exiting wastewater 
streams, respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using the inlet and outlet flow meters, 
respectively. Where the outlet flow is not greater than the inlet flow, 
a flow meter shall be used at either the inlet or outlet.
    (B) The total HAP average concentrations of the entering and 
exiting wastewater streams shall be determined according to the 
procedures specified in either paragraph (c)(1)(ii)(B)(1) or 
(c)(1)(ii)(B)(2) of this section.
    (1) Calculated according to the procedures specified in paragraphs 
(j) and (k) of this section; or
    (2) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) of this subpart and no correction to the 
concentrations is required.
    (C) Three grab samples of the entering wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-
hour period constitutes a run, and the performance test shall consist 
of a minimum of 3 runs.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-
hour period constitutes a run, and the performance test shall consist 
of a minimum of 3 runs conducted over the same 3-hour period at which 
the total HAP mass flow rate entering the treatment process is 
determined.
    (E) The total HAP mass flow rates entering and exiting the 
treatment process are calculated as follows:

TR22AP94.223


TR22AP94.224

where:

Eb=Total HAP mass flow rate entering the treatment process, 
kilograms per hour.
Ea=Total HAP mass flow rate exiting the treatment process, 
kilograms per hour.
K=Density of the wastewater stream, kilograms per cubic meter.
Vbp=Average volumetric flow rate of wastewater entering the 
treatment process during each run p, cubic meters per hour.
Vap=Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Cbp,avg=Total HAP average concentration in the wastewater stream 
entering the treatment process during each run p, parts per million by 
weight. This shall be determined using the procedure in paragraph (k) 
of this section.
Cap,avg=Total HAP average concentration in the wastewater stream 
exiting the treatment process during each run p, parts per million by 
weight. This shall be determined using the procedure in paragraph (k) 
of this section.
p=Run
n=Number of runs.
    (iii) The percent reduction across the treatment process shall be 
calculated as follows:

TR22AP94.225

where:

R=HAP control efficiency of the treatment process, percent.
Eb=Total HAP mass flow rate entering the treatment process, 
kilograms per hour.
Ea=Total HAP mass flow rate exiting the treatment process, 
kilograms per hour.

    (2) The percent reduction of the mass flow rate of each 
individually speciated HAP shall be measured for compliance with 
Sec. 63.138(c)(1)(ii)(D) or (c)(1)(iii)(C) of this subpart by the 
procedures in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The HAP mass flow rate of each individually speciated HAP 
compound entering the treatment process (Eb) and exiting the 
treatment process (Ea) shall be determined by computing the 
product of the flow rate of the wastewater stream entering or exiting 
the treatment process, and the average HAP concentration of each 
individual HAP compound of the entering or exiting wastewater streams, 
respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using the inlet and outlet flow meters, 
respectively.
    (B) The average HAP concentration of each individual HAP of the 
entering and exiting wastewater streams shall be determined according 
to the procedures specified in either paragraph (c)(2)(ii)(B)(1) or 
(c)(2)(ii)(B)(2) of this section.
    (1) Calculated according to the procedures specified in paragraph 
(j) of this section; or
    (2) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) and no correction to the concentrations is 
required.
    (C) Three grab samples of the entering wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-
hour period constitutes a run, and the performance test shall consist 
of a minimum of 3 runs.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-
hour period constitutes a run, and the performance test shall consist 
of a minimum of 3 runs conducted over the same 3-hour period at which 
the total HAP mass flow rate entering the treatment process is 
determined.
    (E) The HAP mass flow rates of each individual HAP compound 
entering and exiting the treatment process are calculated as follows:

TR22AP94.226


TR22AP94.227

where:

Eb=HAP mass flow rate of an individually speciated HAP compound 
entering the treatment process, kilograms per hour.
Ea=HAP mass flow rate of an individually speciated HAP compound 
exiting the treatment process, kilograms per hour.
K=Density of the wastewater stream, kilograms per cubic meter.
Vbp=Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Vap=Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Cbp=Average HAP concentration of an individually speciated HAP in 
the wastewater stream entering the treatment process during each run p, 
parts per million by weight.
Cap=Average HAP concentration of an individually speciated HAP in 
the wastewater stream exiting the treatment process during each run p, 
parts per million by weight.
n=Number of runs.

    (iii) The percent reduction across the treatment process for each 
individually speciated HAP compound shall be calculated as follows:

TR22AP94.228

where:

R=Control efficiency for an individually speciated HAP compound of the 
treatment process, percent.
Eb=HAP mass flow rate of an individually speciated HAP compound 
entering the treatment process, kilograms per hour.
Ea=HAP mass flow rate of an individually speciated HAP compound 
exiting the treatment process, kilograms per hour.

    (d) This paragraph applies to the use of a performance test to 
demonstrate compliance of a combustion treatment process with the 
percent reduction limits for total HAP mass flow rate.
    (1) The percent reduction of total HAP mass flow rate shall be 
measured for compliance with Sec. 63.138(b)(1)(ii)(C), (b)(1)(iii)(A), 
(c)(1)(ii)(B) or (c)(1)(iii)(B) of this subpart by the procedures in 
paragraphs (d)(1)(i) through (d)(1)(vi) of this section.
    (i) The total HAP mass flow rate entering the combustion unit 
(Eb) shall be determined by computing the product of the average 
flow rate of the wastewater stream entering the combustion unit, as 
determined by the inlet flow meter, and the total HAP average 
concentration in the waste stream entering the combustion device, as 
determined according to the procedures specified in paragraph 
(c)(1)(ii)(B) of this section.
    (ii) Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of 3 runs conducted over at least a 3-hour 
period.
    (iii) If grab sampling techniques are used, then these grab samples 
shall be taken at a minimum of three equally spaced time intervals 
during the run.
    (iv) The total HAP mass flow rate entering the combustion unit 
(Eb) is calculated as follows:

TR22AP94.229

where:

Eb=Total HAP mass flow rate entering the combustion unit, 
kilograms per hour.
K=Density of the wastewater stream, kilograms per cubic meter.
Vp=Average volumetric flow rate of waste entering the combustion 
unit during each run p, cubic meters per hour.
Cp=Total HAP average concentration in the wastewater stream 
entering the combustion unit during each run p, parts per million by 
weight. This shall be determined using the procedure in paragraph (k) 
of this section.
p=Runs.
n=Number of runs.

    (v) The total HAP mass flow rate exiting the combustion unit 
exhaust stack (Ea) shall be determined as follows:
    (A) The time period for the test shall not be less than 3 hours 
during which at least three 1-hour runs are conducted and be the same 
time period at which the total HAP mass flow rate entering the 
treatment process is determined. Each run shall represent a time-
integrated composite sample corresponding to the periods when the waste 
feed is sampled.
    (B) A run shall consist of a 1-hour period during the test. For 
each run:
    (1) The volume exhausted shall be determined using Method 2, 2A, 
2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (2) The total HAP average concentration in the exhaust downstream 
of the combustion unit shall be determined using Method 18 of 40 CFR 
part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part.
    (C) The total HAP mass emitted during each run shall be calculated 
as follows:

TR22AP94.230

where:

Mp=Total HAP mass emitted during run p, kilograms.
V=Volume of air-vapor mixture exhausted at standard conditions, cubic 
meters.
Cj=HAP concentration of compound j measured in the exhaust, parts 
per million by volume.
MWj=Molecular weight of compound j in exhaust stream, kilograms 
per kilogram-mole.
p=Run.
m=Number of organic HAP's in total.
0.0416=Conversion factor for molar volume, kilogram-mole per cubic 
meter at 293  deg.Kelvin and 760 millimeters mercury absolute.

    (D) The total HAP mass emission rate in the exhaust shall be 
calculated as follows:

TR22AP94.231

where:

Ea=Total HAP mass flow rate emitted, kilograms per hour.
Mp=Total mass of total or strippability group VOHAP emitted during 
run p, kilograms.
T=Total time of all runs, hours.
n=Number of runs.

    (vi) The total HAP destruction efficiency for the combustion unit 
shall be calculated as follows:

TR22AP94.232

where:

R=HAP destruction efficiency for the combustion unit, percent.
Eb=Total HAP mass flow rate entering the combustion unit, 
kilograms per hour.
Ea=Total HAP mass flow rate exiting the combustion unit, kilograms 
per hour.

    (2) The percent reduction of the mass flow rate of each individual 
HAP shall be measured for compliance with Sec. 63.138(c)(1)(ii)(D) or 
(c)(1)(iii)(C) of this subpart by the procedures in paragraphs 
(d)(2)(i) through (d)(2)(vi) of this section.
    (i) The mass flow rate of each individual HAP entering the 
combustion unit (Eb) shall be determined by computing the product 
of the average flow rate of the wastewater stream entering the 
combustion unit, as determined by the inlet flow meter, and the average 
HAP concentration of each individual HAP in the waste stream entering 
the combustion device as determined according to the procedures 
specified in paragraph (c)(2)(ii)(B) of this section.
    (ii) Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of 3 runs conducted over at least a 3-hour 
period.
    (iii) If grab sampling techniques are used, then these grab samples 
shall be taken at a minimum of three equally spaced time intervals 
during the run.
    (iv) The total HAP mass flow rate of each individual HAP entering 
the combustion unit is calculated as follows:

TR22AP94.233

where:

Eb=HAP mass flow rate of an individually speciated HAP compound 
entering the combustion unit, kilograms per hour.
K=Density of the waste stream, kilograms per cubic meter.
Vp=Average volumetric flow rate of waste entering the combustion 
unit during each run p, cubic meters per hour.
Cp=Average HAP concentration of an individually speciated HAP 
compound in the waste stream entering the combustion unit during each 
run p, parts per million by weight.
p=Run.
n=Number of runs.

    (v) The mass flow rate of each individually speciated HAP exiting 
the combustion unit exhaust stack (Ea) shall be determined as 
follows:
    (A) The time period for the test shall not be less than 3 hours 
during which at least three 1-hour runs are conducted and be the same 
time period at which the mass flow rate of each individually speciated 
HAP entering the treatment process is determined. Each run shall 
represent a time-integrated composite sample corresponding to the 
periods when the waste feed is sampled.
    (B) A run shall consist of a 1-hour period during the test. For 
each run:
    (1) The volume exhausted shall be determined using Method 2, 2A, 
2C, or 2D from appendix A of 40 CFR part 60, as appropriate.
    (2) The average concentration of each individually speciated HAP in 
the exhaust downstream of the combustion unit shall be determined using 
Method 18 of appendix A of 40 CFR part 60. Alternatively, any other 
test method validated according to the procedures in Method 301 of 
appendix A of this part.
    (C) The mass of each individually speciated HAP emitted during each 
run shall be calculated as follows: 

TR22AP94.234

where:

Mp=Mass of an individual HAP emitted during run p, kilograms.
V=Volume of air-vapor mixture exhausted at standard conditions, cubic 
meters.
Cj=VOHAP concentration of compound j measured in the exhaust, 
parts per million by volume.
MWj=Molecular weight of compound j in exhaust stream, kilograms 
per kilogram-mole.
0.0416=Conversion factor for molar volume, kilogram-mole per cubic 
meter at 293  deg.Kelvin and 760 millimeters mercury absolute.

    (D) The mass emission rate in the exhaust of each individual HAP 
shall be calculated as follows: 

TR22AP94.235

where:

Ea=Mass flow rate of each individual HAP, kilograms per hour.
Mp=Mass of each individual HAP emitted during run p, kilograms.
T=Total time of all runs, hours.
p=Run.
n=Number of runs.

    (vi) The destruction efficiency of each individual HAP for the 
combustion unit shall be calculated as follows: 

TR22AP94.236

where:

R=HAP destruction efficiency of an individual HAP for the combustion 
unit, percent.
Eb=Mass flow rate of an individual HAP entering the combustion 
unit, kilograms per hour.
Ea=Mass flow rate of an individual HAP exiting the combustion 
unit, kilograms per hour.

    (e) A performance test to demonstrate compliance of a vent stream 
control device with the organic compound reduction efficiency 
requirement specified under Sec. 63.139(d)(1) of this subpart shall use 
the following procedures:
    (1) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (2) The mass flow rate of organic compounds entering and exiting 
the control device shall be determined as follows:
    (i) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (ii) A run shall consist of a 1-hour period during the test. For 
each run:
    (A) The volume exhausted shall be determined using Method 2, 2A, 
2C, or 2D of 40 CFR part 60, appendix A, as appropriate;
    (B) The organic concentration in the vent stream entering and 
exiting the control device shall be determined using Method 18 of 40 
CFR part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part 
may be used.
     (iii) The mass flow rate of organic compounds entering and exiting 
the control device during each run shall be calculated as follows:

TR22AP94.237


TR22AP94.238

where:

Ea=Mass flow rate of organic compounds exiting the control device, 
kilograms per hour.
Eb=Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Vap=Average volumetric flow rate of vent stream exiting the 
control device during run p at standards conditions, cubic meters per 
hour.
Vbp=Average volumetric flow rate of vent stream entering the 
control device during run p at standards conditions, cubic meters per 
hour.
p=Run.
m=Number of runs.
Caip=Concentration of organic compound i measured in the vent 
stream exiting the control device during run p as determined by Method 
18 of 40 CFR part 60, appendix A, parts per million by volume on a dry 
basis.
Cbip=Concentration of organic compound i measured in the vent 
stream entering the control device during run p as determined by Method 
18 of 40 CFR part 60, appendix A, parts per million by volume on a dry 
basis.
MWi = Molecular weight of organic compound i in the vent stream, 
kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic 
meter at 293 deg. Kelvin and 760 millimeters mercury absolute.

(3) The organic reduction efficiency for the control device shall be 
calculated as follows:

TR22AP94.239

where:

R = Total organic reduction efficiency for the control device, percent.
Eb=Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Ea=Mass flow rate of organic compounds exiting the control device, 
kilograms per hour.

    (f) A performance test to demonstrate compliance with the mass 
removal provision for new sources in Sec. 63.138(b)(1)(iii)(C) of this 
subpart shall consist of a determination of mass removal required to be 
achieved, and a determination of mass removal actually achieved. Actual 
mass removal and compliance shall be determined by the procedure in 
paragraph (h) of this section. The required mass removal for each Group 
1 wastewater stream prior to combination of the streams for treatment 
shall be determined using the following equation:

TR22AP94.240

where:

RMR=Required mass removal of organic HAP's listed in table 8 of this 
subpart in a Group 1 wastewater stream, in kilograms per year.
K=Density of the Group 1 wastewater stream, kilograms per liter.
V=Annual average wastewater flowrate of the Group 1 wastewater stream, 
liters per minute.
n=Number of organic HAP's listed in table 8 of this subpart in stream.
Cj,avg=Average HAP concentration of each organic HAP j listed in 
table 8 of this subpart in the Group 1 wastewater stream at the point 
of generation, parts per million by weight.
0.99 = Required removal fraction of organic HAP's listed in table 8 of 
this subpart.

    (1) The annual average wastewater flow rate for each Group 1 
wastewater stream to be combined for treatment (V), shall be determined 
using the procedures specified in Sec. 63.144(c) of this subpart.
    (2) The average HAP concentration of each HAP (Cj,avg) listed in 
table 8 of this subpart in each Group 1 wastewater stream to be 
combined for treatment shall be determined according to the procedures 
specified in either paragraph (f)(2)(i) or (f)(2)(ii) of this section.
    (i) Calculated according to the procedures specified in paragraph 
(j) of this section; or
    (ii) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) of this subpart and no correction to the 
concentrations is required.
    (3) The total required mass removal is calculated by adding the 
required mass removal for each individual Group 1 stream to be combined 
for treatment.
    (g) A performance test to demonstrate compliance with the mass 
removal provisions for new and existing sources in 
Sec. 63.138(c)(1)(iii)(D) of this subpart shall consist of a 
determination of mass removal required to be achieved, and a 
determination of mass removal actually achieved. Actual mass removal 
and compliance shall be determined by the procedure in paragraph (h) of 
this section. The required mass removal for each Group 1 wastewater 
stream prior to combination of the streams for treatment shall be 
determined using the following equation: 

TR22AP94.241

where:

RMR=Required mass removal of table 9 organic HAP's in a Group 1 
wastewater stream, prior to combination with other Group 1 wastewater 
streams, kilograms per hour.
K=Density of the Group 1 wastewater stream, kilograms per liter.
V=Annual average wastewater flow rate of the Group 1 wastewater stream, 
liters per minute.
n=Number of table 9 organic HAP compounds in stream.
Cj, avg=Average HAP concentration of each organic HAP j listed in 
table 9 of this subpart in the Group 1 wastewater stream at the point 
of generation, parts per million by weight.
F=Required percent removal of each compound j (target removal 
efficiency from table 9 of this subpart).

    (1) The annual average wastewater flow rate for each Group 1 
wastewater stream to be combined for treatment (V), shall be determined 
using the procedures specified in Sec. 63.144(c) of this subpart.

    (2) The average HAP concentration of each table 9 organic HAP 
compound (Cj,avg) in each Group 1 wastewater stream to be combined for 
treatment shall be determined according to the procedures specified in 
either paragraph (g)(2)(i) or (g)(2)(ii) of this section.
    (i) Calculated according to the procedures specified in paragraph 
(j) of this section; or
    (ii) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) of this subpart and no correction to the 
concentrations is required.
    (3) The total required mass removal is calculated by adding 
together the required mass removal for each individual Group 1 
wastewater stream to be combined for treatment.
    (h) For a performance test to demonstrate compliance of a treatment 
process with the mass removal standards, the actual total HAP mass 
removal of organic HAP's listed in table 9 of this subpart [for 
compliance with Sec. 63.138(c)(1)(iii)(D) of this subpart] or of 
organic HAP's listed in table 8 of this subpart [for compliance with 
Sec. 63.138(b)(1)(iii)(C) of this subpart] in the wastewater stream 
shall be determined by the following procedure:
    (1) The actual mass removal of a treatment process, or series of 
treatment processes other than a properly operated biological treatment 
unit shall be determined using the following equation:

            MR=(Eb-Ea)

where:

MR=Actual total HAP mass removal by the treatment process or series of 
treatment processes of organic HAP's listed in table 9 of this subpart 
or of organic HAP's listed in table 8 of this subpart, kilograms per 
hour.
Eb=Total HAP mass flow rate of organic HAP's listed in table 9 of 
this subpart or of organic HAP's listed in table 8 of this subpart 
entering the treatment process, kilograms per hour.
Ea=Total HAP mass flow rate of organic HAP's listed in table 9 of 
this subpart or of organic HAP's listed in table 8 of this subpart 
exiting the treatment process, kilograms per hour.

    (2) The actual mass removal (MR) of a treatment process which is a 
properly operated biological treatment unit is equal to the mass 
removed due to biological destruction. The mass removal should be 
determined using the following equation:

            MR=(Eb-Ea)*Fbio

where:

MR=Actual mass removal by the biological treatment process of total 
organic HAP's listed on table 8 or table 9 of this subpart, kilograms 
per hour.
Eb=Mass flow rate of total organic HAP's listed on table 8 or 
table 9 of this subpart entering the biological treatment process, 
kilograms per hour.
Ea=Mass flow rate of total organic HAP's listed on table 8 or 
table 9 of this subpart exiting the biological treatment process, 
kilograms per hour.
Fbio=The fraction of organic HAP's listed on table 8 of this 
subpart, or the total organic HAP's listed on table 9 of this subpart, 
biodegraded in a properly operated biological treatment unit. This 
fraction shall be determined using the procedures in appendix C of this 
part.

    (i) The total HAP mass flow rate of organic HAP's listed in table 9 
of this subpart or of organic HAP's listed in table 8 of this subpart 
entering the treatment process (Eb) shall be determined using the 
procedures specified in paragraph (d)(2)(iv) of this section for 
combustion and paragraph (c)(1)(ii)(E) of this section for 
noncombustion.
    (ii) The total HAP mass flow rate of organic HAP's listed in table 
9 of this subpart or of organic HAP's listed in table 8 of this subpart 
exiting the treatment process (Ea) shall be determined using the 
procedures specified in paragraph (d)(2)(v) of this section for 
combustion and paragraph (c)(1)(ii)(E) of this section for 
noncombustion.
    (3) Compliance with the mass removal provisions in 
Sec. 63.138(b)(1)(iii)(C) or Sec. 63.138(c)(1)(iii)(D) of this subpart 
is achieved when the actual mass removal of the treatment process (MR) 
is demonstrated to meet or exceed the total required mass removal 
(RMR), determined using the procedures specified in paragraph (f) or 
(g) of this section.
    (i) This paragraph applies to the use of a performance test to 
demonstrate compliance of a biological treatment process with the 95 
percent HAP mass reduction requirement of Sec. 63.138(e) of this 
subpart for organic HAP's listed on table 8 or table 9 of this subpart. 
The percent HAP mass reduction of a biological treatment unit is equal 
to the mass removed due to biological destruction. The percent VOHAP 
mass reduction should be determined using the following equation: 

TR22AP94.242

where:

R=Control efficiency of the biological treatment process, percent.
Eb=Mass flow rate of total organic HAP's entering the treatment 
process, kilograms per hour.
Ea=Mass flow rate of total organic HAP's exiting the treatment 
process, kilograms per hour.
Fbio=The fraction of HAP biodegraded in a properly operated 
biological treatment unit. This fraction shall be determined using the 
procedures in appendix C of this part.

    (1) The total HAP mass flow rate entering the biological treatment 
process (Eb) shall be determined using the procedures specified in 
paragraph (d)(2)(iv) of this section for combustion and paragraph 
(c)(1)(ii)(E) of this section for noncombustion.
    (2) The total HAP mass flow rate exiting the biological treatment 
process (Ea) shall be determined using the procedures specified in 
paragraph (d)(2)(v) of this section for combustion and paragraph 
(c)(1)(ii)(E) of this section for noncombustion.
    (3) For new sources that start up within nine months of 
promulgation, an owner or operator may determine K1, which is 
needed when determining Fbio, by using the average of results from 
several test methods.
    (j) The owner or operator shall convert the average VOHAP 
concentration of each individually speciated HAP, i, to the average HAP 
concentration of each individually speciated HAP using the following 
equation:

TR22AP94.243

where:

C(b or a),i=Average HAP concentration of each individually 
speciated HAP, i, in the wastewater stream entering (b) or exiting (a) 
the treatment process, parts per million by weight.
Ci,avg=VOHAP concentration of the individually speciated organic 
HAP calculated according to the procedures specified in 
Sec. 63.144(b)(5)(i)(E).
Fmi=Fraction measured of each individually speciated organic HAP 
in wastewater as listed in table 34 of this subpart.

    (k) The owner or operator shall calculate the total VOHAP average 
concentration using the following equation:

TR22AP94.244

where:

C(b or a),avg=Total VOHAP average concentration in the wastewater 
stream entering (b) or exiting (a) the treatment process, parts per 
million by weight.
C (b or a),i = Average HAP concentration of each individually 
speciated HAP, i, in the wastewater stream entering (b) or exiting (a) 
the treatment process, calculated according to the procedures specified 
in paragraph (j) of this section, parts per million by weight.


Sec. 63.146  Process wastewater provisions--reporting.

    (a) The owner or operator shall submit the information specified in 
paragraphs (a)(1) through (a)(3) of this section as part of the 
Implementation Plan required by Sec. 63.151(c), (d), or (e) of this 
subpart.
    (1) For each new source, the owner or operator shall submit the 
information specified in table 14a of this subpart for organic HAP's 
listed on table 8 of this subpart.
    (2) For each new and existing source, the owner or operator shall 
submit the information specified in table 14b of this subpart for 
organic HAP's listed on table 9 of this subpart. For each new source, 
the owner or operator is not required to submit information on table 
14b of this subpart for any organic HAP's that have been documented in 
table 14a of this subpart. If applicable, the owner or operator must 
comply with paragraph (a)(2)(i) or (a)(2)(ii) of this section.
    (i) The owner or operator who elects to comply with 
Sec. 63.138(c)(5) of this subpart, must submit in table 14b of this 
subpart the annual total VOHAP mass flow rate of each Group 1 stream at 
the point of generation in megagrams per year.
    (ii) If the sum, for the source, of the total VOHAP mass flow rate 
of those Group 1 wastewater streams not treated to levels required in 
Sec. 63.138(c)(1) of this subpart has been reduced to less than 1 
megagram per year, the owner or operator shall enter the following on 
table 14b of this subpart:
    (A) The VOHAP mass flow rate at the point of generation for each 
untreated Group 1 wastewater stream;
    (B) The VOHAP mass flow rate at the outlet of the treatment process 
for each Group 1 wastewater stream treated less stringently than 
required in Sec. 63.138(c)(1) of this subpart;
    (C) Zero for each Group 2 wastewater stream and for each Group 1 
wastewater stream treated to the level required in Sec. 63.138(b)(1) of 
this subpart; and
    (D) The sum of the VOHAP mass flow rates in paragraphs 
(a)(2)(ii)(A), (a)(2)(ii)(B), and (a)(2)(ii)(C) of this section to 
demonstrate that annual total VOHAP mass flow rate for the source has 
been reduced below 1 megagram per year.
    (3) For each waste management unit, treatment process, or control 
device used to comply with Sec. 63.138(b)(1), (c)(1), (d), (e), or 
Sec. 63.139 of this subpart for which the owner or operator seeks to 
monitor a parameter other than those specified in table 11, table 12, 
or table 13 of this subpart, the owner or operator shall submit a 
request for approval to monitor alternative parameters according to the 
procedures specified in Sec. 63.151(g) or Sec. 63.152(e) of this 
subpart.
    (b) The owner or operator shall submit the information specified in 
paragraphs (b)(1) through (b)(9) of this section as part of the 
Notification of Compliance Status required by Sec. 63.152(b) of this 
subpart.
    (1) For each new source, the owner or operator shall submit the 
information specified in table 15a of this subpart for organic HAP's 
listed on table 8 of this subpart.
    (2) For each new and existing source, the owner or operator shall 
submit the information specified in table 15b of this subpart for 
organic HAP's listed on table 9 of this subpart. For each new source, 
the owner or operator is not required to submit information on table 
15b of this subpart for any organic HAP's that have been documented in 
table 15a of this subpart.
    (3) For each existing source for which the owner or operator elects 
to comply with the Process Unit Alternative specified in Sec. 63.138(d) 
of this subpart, the owner or operator shall submit the information 
specified in table 16 of this subpart. If table 16 of this subpart is 
completed for the Notification of Compliance Status, then table 15b of 
this subpart need not be completed.
    (4) For each treatment process identified in table 15a, 15b, or 16 
of this subpart that receives, manages, or treats a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream, the owner 
or operator shall submit the information specified in table 17 of this 
subpart.
    (5) For each waste management unit identified in table 15a, 15b, or 
16 of this subpart that receives or manages a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream, the owner or 
operator shall submit the information specified in table 18 of this 
subpart.
    (6) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall submit the information specified in table 19 of 
this subpart.
    (7) For each control device used to comply with Secs. 63.133 
through 63.139 of this subpart, the owner or operator shall submit the 
information specified in paragraphs (b)(7)(i) and (b)(7)(ii) of this 
section.
    (i) For each flare, the owner or operator shall submit the 
information specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C) 
of this section.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.139(c)(3) of this 
subpart; and
    (C) Reports of the times and durations of all periods during the 
compliance determination when the pilot flame is absent or the monitor 
is not operating.
    (ii) For each control device other than a flare, the owner or 
operator shall submit the information specified in paragraph 
(b)(7)(ii)(A) of this section and in either paragraph (b)(7)(ii)(B) or 
(b)(7)(ii)(C) of this section.
    (A) The information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the applicable parameters 
specified in table 13 of this subpart, unless the parameter range has 
already been established in the operating permit; and either
    (B) The design evaluation specified in Sec. 63.139(d)(2) of this 
subpart; or
    (C) Results of the performance test specified in Sec. 63.139(d)(1) 
of this subpart. Performance test results shall include operating 
ranges of key process and control parameters during the performance 
test; the value, averaged over the period of the performance test, of 
each parameter identified in the Implementation Plan or operating 
permit as being monitored in accordance with Sec. 63.143 of this 
subpart; and applicable supporting calculations.
    (8) For each treatment process used to comply with 
Sec. 63.138(b)(1)(iii)(C), (c)(1)(iii)(D), (d), or (e) of this subpart, 
the owner or operator shall submit the information specified in 
paragraphs (b)(8)(i) and (b)(8)(ii) of this section.
    (i) For Items 1 and 2 in table 12 of this subpart, the owner or 
operator shall submit the information specified in paragraphs 
(b)(8)(ii)(A) and (b)(8)(ii)(B) of this section.
    (A) The information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the parameters approved by the 
Administrator, unless the parameter range has already been established 
in the operating permit.
    (B) Results of the initial measurements of the parameters approved 
by the Administrator and any applicable supporting calculations.
    (ii) For Item 3 in table 12 of this subpart, the owner or operator 
shall submit the information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the parameters specified in Item 
3 of table 12 of this subpart, unless the parameter range has already 
been established in the operating permit.
    (9) Except as provided in paragraph (b)(9)(iii) of this section, 
for each waste management unit or treatment process used to comply with 
Sec. 63.138(b)(1), (c)(1), (d), (e), or (h)(3) of this subpart, the 
owner or operator shall submit the information specified in either 
paragraph (b)(9)(i) or (b)(9)(ii) of this section.
    (i) The design evaluation and supporting documentation specified in 
Sec. 63.138(j)(1) of this subpart.
    (ii) Results of the performance test specified in Sec. 63.138(j)(2) 
of this subpart. Performance test results shall include operating 
ranges of key process and control parameters during the performance 
test; the value, averaged over the period of the performance test, of 
each parameter identified in the Implementation Plan or operating 
permit as being monitored in accordance with Sec. 63.143 of this 
subpart; and applicable supporting calculations.
    (iii) If the owner or operator elects to use one of the 
technologies specified in Sec. 63.138(m) of this subpart, the owner or 
operator is exempt from the requirements specified in paragraphs 
(b)(9)(i) and (b)(9)(ii) of this section.
    (c) For each waste management unit that receives, manages, or 
treats a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream, the owner or operator shall submit as part of the 
next Periodic Report required by Sec. 63.152(c) of this subpart the 
results of each inspection required by Sec. 63.143(a) of this subpart 
in which a control equipment failure was identified. Control equipment 
failure is defined for each waste management unit in Secs. 63.133 
through 63.137 of this subpart. Each Periodic Report shall include the 
date of the inspection, identification of each waste management unit in 
which a control equipment failure was detected, description of the 
failure, and description of the nature of and date the repair was made.
    (d) Except as provided in paragraph (f) of this section, for each 
treatment process used to comply with Sec. 63.138(b)(1), (c)(1), (d), 
or (e) of this subpart, the owner or operator shall submit as part of 
the next Periodic Report required by Sec. 63.152(c) the information 
specified in paragraphs (d)(1) and (d)(2) of this section for the 
monitoring required by Sec. 63.143(b) of this subpart.
    (1) For Items 1 and 2 in table 12, the owner or operator shall 
submit the information specified in either paragraph (d)(1)(i) or 
(d)(1)(ii) of this section.
    (i) For each parameter approved by the Administrator and required 
by the Administrator to be monitored continuously, the owner or 
operator shall submit the monitoring results for each operating day 
during which the daily average value of the monitored parameter is 
outside the range established in the Notification of Compliance Status 
or operating permit.
    (ii) For each parameter approved by the Administrator for which 
monitoring is not required by the Administrator to be continuous, the 
owner or operator shall submit the results of measurements that 
indicate that the biological treatment unit failed to meet the 
requirements specified in the applicable paragraphs cited in column 1 
of table 12 of this subpart.
    (2) For Item 3 in table 12 of this subpart, the owner or operator 
shall submit the monitoring results for each operating day during which 
the daily average value of any monitored parameter specified in Item 3 
of table 12 of this subpart was outside the range established in the 
Notification of Compliance Status or operating permit.
    (e) Except as provided in paragraph (f) of this section, for each 
control device used to comply with Secs. 63.133 through 63.139 of this 
subpart, the owner or operator shall submit as part of the next 
Periodic Report required by Sec. 63.152(c) of this subpart the 
information specified in either paragraph (e)(1) or (e)(2) of this 
section.
    (1) The information specified in table 20 of this subpart, or
    (2) If the owner or operator elects to comply with 
Sec. 63.143(e)(2) of this subpart, i.e., an organic monitoring device 
installed at the outlet of the control device, the owner or operator 
shall submit the monitoring results for each operating day during which 
the daily average concentration level or reading is outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (f) Where the owner or operator obtains approval to use a treatment 
process or control device other than one for which monitoring 
requirements are specified in Sec. 63.143 of this subpart, or to 
monitor parameters other than those specified in table 12 or 13 of this 
subpart, the Administrator will specify appropriate reporting 
requirements.
    (g) If the owner or operator requests an extension for emptying a 
wastewater tank in accordance with Sec. 63.133(e)(2) of this subpart, 
the request shall include the information specified in 
Sec. 63.133(e)(2) of this subpart.


Sec. 63.147  Process wastewater provisions--recordkeeping.

    (a) The owner or operator shall keep a record of all reports 
submitted in accordance with Sec. 63.146 of this subpart, including the 
Implementation Plan, Notification of Compliance Status, and Periodic 
Reports.
    (b) The owner or operator transferring a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream in accordance with 
Sec. 63.132(i) of this subpart shall keep a record of the notice sent 
to the treatment operator stating that the wastewater stream or 
residual contains organic HAP's which are required to be managed and 
treated in accordance with the provisions of this subpart.
    (c) The owner or operator shall keep in a readily accessible 
location the records specified in paragraphs (c)(1) through (c)(6) of 
this section.
    (1) A record that each waste management unit inspection required by 
Secs. 63.133 through 63.137 of this subpart was performed.
    (2) A record that each inspection for control devices required by 
Sec. 63.139 of this subpart was performed.
    (3) A record of the results of each seal gap measurement required 
by Secs. 63.133(d) and 63.137(c) of this subpart. The records shall 
include the date of the measurement, the raw data obtained in the 
measurement, and the calculations described in Sec. 63.120(b) (2), (3), 
and (4) of this subpart.
    (4) For Item 1 and Item 2 of table 12 of this subpart, the owner or 
operator shall keep the records approved by the Administrator.
    (5) Except as provided in paragraphs (e) and (g) of this section, 
continuous records of the monitored parameters specified in Item 3 of 
table 12 and table 13 of this subpart, and in Sec. 63.143(e)(2) of this 
subpart.
    (6) Documentation of a decision to use an extension, as specified 
in Sec. 63.133(e)(2) or (h) of this subpart, which shall include a 
description of the failure, documentation that alternate storage 
capacity is unavailable, and specification of a schedule of actions 
that will ensure that the control equipment will be repaired or the 
vessel will be emptied as soon as possible.
    (d) For each boiler or process heater used to comply with 
Secs. 63.133 through 63.139 of this subpart, the owner or operator 
shall keep a record of any changes in the location at which the vent 
stream is introduced into the flame zone as required in 
Sec. 63.139(c)(1) of this subpart.
    (e) The owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day, 
except as provided in paragraphs (e)(3) and (e)(4) of this section.
    (1) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (e)(2) of this section. The average 
shall cover a 24-hour period if operation is continuous, or the number 
of hours of operation per operating day if operation is not continuous.
    (2) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or 
daily averages. Records shall be kept of the times and durations of all 
such periods and any other periods of process or control device 
operation when monitors are not operating.
    (3) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status. It may be from 
midnight to midnight or another daily period.
    (4) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range rather than calculating and 
recording a daily average for that operating day.
    (5) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (6) For carbon adsorbers, the owner or operator shall keep the 
records specified in paragraphs (e)(6)(i) and (e)(6)(ii) of this 
section instead of daily averages.
    (i) Records of the total regeneration stream mass flow for each 
carbon bed regeneration cycle.
    (ii) Records of the temperature of the carbon bed after each 
regeneration cycle.
    (f) Where the owner or operator obtains approval to use a control 
device other than one for which monitoring requirements are specified 
in Sec. 63.143 of this subpart, or to monitor parameters other than 
those specified in table 12 or table 13 of this subpart, the 
Administrator will specify appropriate recordkeeping requirements.
    (g) If the owner or operator uses process knowledge to determine 
the VOHAP concentration of a wastewater stream as specified in 
Sec. 63.144(b)(1) of this subpart and/or uses process knowledge to 
determine the annual average flow rate as specified in 
Sec. 63.144(e)(1) of this subpart, and determines that the wastewater 
stream is not a Group 1 wastewater stream, the owner or operator shall 
keep in a readily accessible location the documentation of how process 
knowledge was used to determine the VOHAP concentration and/or the 
annual average flow rate of the wastewater stream.


Sec. 63.148  Leak inspection provisions.

    (a) Except as provided in paragraph (k) of this section, for each 
vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (b) through (j) of 
this section.
    (b) Except as provided in paragraphs (g) and (h) of this section, 
each vapor collection system and closed-vent system shall be inspected 
according to the procedures and schedule specified in paragraphs (b)(1) 
and (b)(2) of this section and each fixed roof, cover, and enclosure 
shall be inspected according to the procedures and schedule specified 
in paragraph (b)(3) of this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct annual inspections according to the procedures in 
paragraph (c) of this section.
    (iii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) For each fixed roof, cover, and enclosure, the owner or 
operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct semi-annual visual inspections for visible, audible, 
or olfactory indications of leaks as specified in Sec. 63.133 through 
Sec. 63.137 of this subpart.
    (c) Each vapor collection system, closed vent system, fixed roof, 
cover, and enclosure shall be inspected according to the procedures 
specified in paragraphs (c)(1) through (c)(5) of this section.
    (1) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the process fluid not each individual VOC in the 
stream.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (ii) A mixture of methane in air at a concentration less than 
10,000 parts per million.
    (5) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (6) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (d) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (e) of 
this section.
    (1) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (d)(3) of this 
section.
    (3) For leaks found in vapor collection systems used for transfer 
operations, repairs shall be completed no later than 15 calendar days 
after the leak is detected or at the beginning of the next transfer 
loading operation, whichever is later.
    (e) Delay of repair of a vapor collection system, closed vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec. 63.101 of subpart F of this part, or if 
the owner or operator determines that emissions resulting from 
immediate repair would be greater than the fugitive emissions likely to 
result from delay of repair. Repair of such equipment shall be complete 
by the end of the next shutdown.
    (f) For each vapor collection system or closed vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall 
comply with the provisions of either paragraph (f)(1) or (f)(2) of this 
section, except as provided in paragraph (f)(3) of this section.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.118(a)(3) 
of this subpart. The flow indicator shall be installed at the entrance 
to any bypass line; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure the valve is maintained in the closed position and the vent 
stream is not diverted through the bypass line.
    (3) Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, and pressure relief valves needed 
for safety purposes are not subject to this paragraph.
    (g) Any parts of the vapor collection system, closed vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (i)(1) of this section, as unsafe to inspect are exempt from 
the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) 
of this section if:
    (1) The owner or operator determines that the equipment is unsafe 
to inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraphs 
(b)(1), (b)(2), or (b)(3)(i) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
    (h) Any parts of the vapor collection system, closed vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (i)(2) of this section, as difficult to inspect are exempt 
from the inspection requirements of paragraphs (b)(1), (b)(2), and 
(b)(3)(i) of this section if:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (i) The owner or operator shall record the information specified in 
paragraphs (i)(1) through (i)(5) of this section.
    (1) Identification of all parts of the vapor collection system, 
closed vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect, an explanation of why the equipment is unsafe to 
inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the vapor collection system, 
closed vent system, fixed roof, cover, or enclosure that are designated 
as difficult to inspect, an explanation of why the equipment is 
difficult to inspect, and the plan for inspecting the equipment.
    (3) For each vapor collection system or closed vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep 
a record of the information specified in either paragraph (i)(3)(i) or 
(i)(3)(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
paragraph (f)(1) of this section was operating and whether flow was 
detected at any time during the hour, as well as records of the times 
and durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating.
    (ii) Where a seal mechanism is used to comply with paragraph (f)(2) 
of this section, hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done, and shall 
record the duration of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that 
has broken.
    (4) For each inspection during which a leak is detected, a record 
of the information specified in paragraphs (i)(4)(i) through 
(i)(4)(viii) of this section.
    (i) The instrument identification numbers; operator name or 
initials; and identification of the equipment.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) Maximum instrument reading measured by the method specified 
in paragraph (d) of this section after the leak is successfully 
repaired or determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (v) The name, initials, or other form of identification of the 
owner or operator (or designee) whose decision it was that repair could 
not be effected without a shutdown.
    (vi) The expected date of successful repair of the leak if a leak 
is not repaired within 15 calendar days.
    (vii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (viii) The date of successful repair of the leak.
    (5) For each inspection conducted in accordance with paragraph (c) 
of this section during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (6) For each visual inspection conducted in accordance with 
paragraph (b)(1)(ii) or (b)(3)(ii) of this section during which no 
leaks are detected, a record that the inspection was performed, the 
date of the inspection, and a statement that no leaks were detected.
    (j) The owner or operator shall submit as part of the reports 
required by Sec. 63.182(b) of subpart H of this part, the information 
specified in paragraphs (j)(1) through (j)(3) of this section.
    (1) The information specified in paragraph (i)(4) of this section;
    (2) Reports of the times and durations of all periods recorded 
under paragraph (i)(3)(i) of this section when the vent stream is 
diverted from the control device through a bypass line; and
    (3) Reports of all periods recorded under paragraph (i)(3)(ii) of 
this section in which the seal mechanism is broken, the bypass line 
valve position has changed, or the key to unlock the bypass line valve 
was checked out.
    (k) If a closed-vent system subject to this section is also subject 
to Sec. 63.172 of subpart H of this part, the owner or operator shall 
comply with the provisions of Sec. 63.172 of subpart H of this part and 
is exempt from the requirements of this section.


Sec. 63.149  [Reserved]


Sec. 63.150  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec. 63.112(a) of this 
subpart by using emissions averaging according to Sec. 63.112(f) of 
this subpart rather than following the provisions of Secs. 63.113 
through 63.148 of this subpart.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in 
Sec. 63.151(d) of this subpart for all points to be included in an 
emissions average. The Implementation Plan or operating permit 
application shall identify all emission points to be included in the 
emissions average. This must include any Group 1 emission points to 
which the reference control technology (defined in Sec. 63.111 of this 
subpart) is not applied and all other emission points being controlled 
as part of the average.
    (c) The following emission points can be used to generate emissions 
averaging credits, if control was applied after November 15, 1990 and 
if sufficient information is available to determine the appropriate 
value of credits for the emission point:
    (1) Group 2 emission points.
    (2) Group 1 emission points that are controlled by a technology 
that the Administrator or permitting authority agrees has a higher 
nominal efficiency than the reference control technology. Information 
on the nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section.
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percent reductions for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the 
reference control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990, unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990.
    (2) Group 1 emission points that are controlled by a reference 
control technology, unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section. For example, it is not allowable to claim that an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart applied to a storage vessel is achieving greater than 95 
percent control.
    (3) Emission points on shut-down process units. Process units that 
are shut down cannot be used to generate credits or debits.
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. For the purposes of this 
section, the terms wastewater and wastewater stream are used to mean 
process wastewater.
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, unless the level of control has been 
increased after November 15, 1990 above what is required by the other 
State or Federal rule. Only the control above what is required by the 
other State or Federal rule will be credited. However, if an emission 
point has been used to generate emissions averaging credit in an 
approved emissions average, and the point is subsequently made subject 
to a State or Federal rule other than this subpart, the point can 
continue to generate emissions averaging credit for the purpose of 
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in paragraph 
(g) of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit 
calculation, whereas those described in paragraph (d) of this section 
shall not be included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The owner or operator may choose to include more than the 
required number of credit-generating emission points in an average in 
order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Implementation Plan or 
operating permit application that credit-generating emission points 
will be capable of generating sufficient credits to offset the debits 
from the debit-generating emission points must be made under 
representative operating conditions. After the compliance date, actual 
operating data will be used for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 
1.30 times the credits for the same period calculated according to 
paragraph (h) of this section. Compliance for the quarter shall be 
determined based on the ratio of credits and debits from that quarter, 
with 30 percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in 
the Periodic Reports as specified in Sec. 63.152(c) of this subpart. 
Every fourth Periodic Report shall include a certification of 
compliance with the emissions averaging provisions as required by 
Sec. 63.152(c)(5)(iv)(B) of this subpart.
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual Group 1 or Group 2 emission points. 
Where pollution prevention measures (as specified in paragraph (j)(1) 
of this section) are used to control emission points to be included in 
an emissions average, no more than 25 emission points may be included 
in the average. For example, if two emission points to be included in 
an emissions average are controlled by pollution prevention measures, 
the average may include up to 22 emission points.
    (2) Periods of start-up, shutdown, and malfunction as described in 
the source's start-up, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3) of subpart A of this part.
    (3) Periods of monitoring excursions as defined in 
Sec. 63.152(c)(2)(ii)(A) of this subpart. For these periods, the 
calculation of monthly credits and debits shall be adjusted as 
specified in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
     (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may demonstrate to the Administrator 
that full or partial credits or debits should be assigned using the 
procedures in paragraph (l) of this section.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for the Group 1 emission point. 
Debits shall be calculated as follows:
    (1) The overall equation for calculating source-wide debits is:

TR22AP94.245

where:

    Debits and all terms of the equation are in units of megagrams per 
month, and

 EPViACTUAL=Emissions from each Group 1 process vent i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 vent i if the reference 
control technology had been applied to the uncontrolled emissions, 
calculated according to paragraph (g)(2) of this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(3) of this section.
ETRiACTUAL=Emissions from each Group 1 transfer rack i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(4) of this section.
(0.02) ETRiu=Emissions from each Group 1 transfer rack i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(4) of this section.
EWWiACTUAL=Emissions from each Group 1 wastewater stream i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(5) of this section.
EWWic=Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions. This is calculated according to paragraph (g)(5) of this 
section.
n=The number of emission points being included in the emissions 
average. The value of n is not necessarily the same for process vents, 
storage vessels, transfer racks, and wastewater.

    (2) Emissions from process vents shall be calculated as follows:
    (i) For purposes of determining process vent stream flow rate, 
organic HAP concentrations, and temperature, the sampling site shall be 
after the final product recovery device, if any recovery devices are 
present; before any control device (for process vents, recovery devices 
shall not be considered control devices); and before discharge to the 
atmosphere. Method 1 or 1A of part 60, appendix A, shall be used for 
selection of the sampling site.
    (ii) The following equation shall be used for each process vent i 
to calculate EPViu:

TR22AP94.246

where:

EPViu=Uncontrolled process vent emission rate from process vent i, 
megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
the vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of organic 
HAP j as measured by Method 18 of part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP's.
    (A) The values of Q, Cj, and Mj shall be determined 
during a performance test conducted under representative operating 
conditions. The values of Q, Cj, and Mj shall be established 
in the Notification of Compliance Status and must be updated as 
provided in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a 
change in monthly operating hours, or if any other change is made to 
the process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q, Cj, and Mj. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where EPViu is 
calculated according to the procedures in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,

TR22AP94.247

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of this subpart if a combustion control 
device is used. For a flare meeting the criteria in Sec. 63.116(a) of 
this subpart, or a boiler or process heater meeting the criteria in 
Sec. 63.116(b) of this subpart, the percent reduction shall be 98 
percent. If a non-combustion control device is used, percent reduction 
shall be demonstrated by a performance test at the inlet and outlet of 
the device, or, if testing is not feasible, by a control design 
evaluation and documented engineering calculations.
    (2) For determining debits from Group 1 process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percent reduction in calculating EPViACTUAL. The 
sampling site for measurement of uncontrolled emissions is after the 
final product recovery device. However, as provided in 
Sec. 63.113(a)(3) of this subpart, a Group 1 process vent may add 
sufficient product recovery to raise the TRE index value above 1.0, 
thereby becoming a Group 2 process vent.
    (3) Procedures for calculating the percent reduction of pollution 
prevention measures are specified in paragraph (j) of this section.
    (3) Emissions from storage vessels shall be calculated as follows:
    (i) The following equation shall be used for each storage vessel i 
to calculate ESiu:


TR22AP94.248

where:

ESiu=Uncontrolled emissions, defined as emissions from a fixed 
roof vessel having identical dimensions and vessel color as vessel i, 
megagrams per month.
LB=Breathing loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(i)(A) of this section.
LW=Working loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(i)(B) of this section.
12=Constant, months per year.

    (A) Breathing loss emissions shall be calculated using the 
following equation:


TR22AP94.249

where:

Mv=Molecular weight of vapor in storage vessel, pound per pound-
mole.
PA=Average atmospheric pressure, pounds per square inch absolute.
P=True vapor pressure of the HAP at liquid storage temperature, pounds 
per square inch absolute. See table 21 of this subpart.
D = Tank diameter, feet.
H=Average vapor space height, feet. Use vessel-specific values or an 
assumed value of one-half the height.
T=Average ambient diurnal temperature change,  deg.F. A 
typical value of 20  deg.F may be used.
Fp=Paint factor, dimensionless, from table 22 of this subpart; use 
Fp=1 for vessels located indoors.
C=Adjustment factor for small diameter tanks, dimensionless; use C=1 
for diameter 30 feet; use C = 0.0771D - 0.0013D2 - 
0.1334 for diameter <30 feet.
KC=Product factor, dimensionless. Use 1.0 for organic HAP's.

    (B) Working losses shall be calculated using the following 
equation:

LW=1.089  x  10-8 Mv (P)(V)(N) (KN) (KC)
where:

V=Tank capacity, gallon.
N=Number of turnovers per year.
KN=Turnover factor, dimensionless, and 

TR22AP94.250

Mv, P, and KC as defined in paragraph (g)(3)(i)(A) of this 
section.
    (C) The owner or operator may elect to calculate ESiu in 
accordance with the methods described in American Petroleum Institute 
Publication 2518, Evaporative Loss from Fixed-Roof Tanks (incorporated 
by reference as specified in Sec. 63.14 of this part).
    (1) The owner or operator who elects to use these alternative 
methods must use them for all storage vessels included in the emissions 
average as debit or credit generating points.
    (2) The equations of paragraphs (g)(3)(i)(A) and (g)(3)(i)(B) of 
this section shall not be used in conjunction with the alternative 
methods provided under paragraph (g)(3)(i)(C) of this section.
    (ii) The following procedures and equations shall be used for each 
fixed roof storage vessel i that is not controlled with a floating roof 
to calculate ESiACTUAL:
    (A) If the vessel is not controlled, ESiACTUAL = ESiu, 
where ESiu is calculated according to the procedures in paragraph 
(g)(3)(i) of this section.
    (B) Except as provided in paragraph (g)(3)(ii)(C) of this section, 
if the vessel is controlled using a control device or pollution 
prevention measure achieving less than 95-percent reduction, 

TR22AP94.251

    (1) The percent reduction for a control device shall be determined 
through a design evaluation according to the procedures specified in 
Sec. 63.120(d) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (C) If the vessel is controlled according to the provisions of 
Sec. 63.119(e)(2) of this section whereby the control device is only 
required to achieve at least 90-percent reduction, the vessel shall not 
be considered to be generating debits.
    (iii) The following equation shall be used for each internal 
floating roof vessel i that does not meet the specifications of 
Sec. 63.119(b) or (d) of this subpart to calculate ESiACTUAL:


TR22AP94.252

where:

LW=Withdrawal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(C) of this section.
LD=Deck seam loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(D) of this section.
12=Constant, months per year.

    (A) Withdrawal loss emissions shall be calculated using the 
following equation:


TR22AP94.253

where:

Q=Throughput, gallon per year; (gallon/turnover) * (turnovers per 
year).
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of 
this subpart.
WL=Average liquid density, pound per gallon.
D=Tank diameter, feet.
Nc=Number of columns, dimensionless, see table 24 of this subpart.
Fc=Effective column diameter, feet [column perimeter 
(feet)3.1416], see table 25 of this subpart.

    (B) Rim seal loss emissions shall be calculated using the following 
equation:

TR22AP94.254

where:

Mv=Molecular weight of vapor in storage vessel, pound per pound-
mole.
D=Tank diameter, feet.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
Ks=Seal factor, pound-mole per [foot (miles per hour)n year], 
see table 26 of this subpart.
V=Average wind speed at the source, miles per hour. A value of 10 miles 
per hour may be assumed if source-specific data are not available.
n=Seal related wind speed exponent, dimensionless, see table 26 of this 
subpart.
2,205=Constant, pounds per megagram.
P*=Vapor pressure function, dimensionless, and

TR22AP94.255

where:

PA=Average atmospheric pressure, pounds per square inch absolute.
P=True vapor pressure at liquid storage temperature, pounds per square 
inch absolute.

    (C) Fitting loss emissions shall be calculated using the following 
equation:

TR22AP94.256

where:

Ff=The total deck fitting loss factor, pound-mole per year, and

where:


TR22AP94.257

NFi=Number of fittings of a particular type, dimensionless. 
NFi is determined for the specific tank or estimated from tables 
24 and 27 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting, pound-
mole per year. KFi is determined for each fitting type from table 
27 of this subpart.
n=Number of different types of fittings, dimensionless.

P*, Mv, Kc, and 2,205 as defined in paragraph (g)(3)(iii)(B) 
of this section.
    (D) Deck seam loss emissions shall be calculated using the 
following equation:

TR22AP94.258

where:

KD=Deck seam loss factor, pound-mole per foot per year, and
KD=0.34 for non-welded decks.
KD=0 for welded decks.
SD=Deck seam length factor, feet per square foot, see table 28 of 
this subpart.
D, P*, Mv, Kc, and 2,205 as defined in paragraph 
(g)(3)(iii)(B) of this section.
    (iv) The following equation shall be used for each external 
floating roof vessel i that does not meet the specifications of 
Sec. 63.119(c) of this subpart to calculate ESiACTUAL:

TR22AP94.259

where:

LW=Withdrawal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iv)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iv)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iv)(C) of this section.
12=Constant, months per year.

    (A) Withdrawal loss emissions shall be calculated using the 
following equation:

TR22AP94.260

where:

Q=Throughput, gallons per year.
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of 
this subpart.
WL=Average liquid density, pound per gallon.
D=Vessel diameter, feet.

    (B) Rim seal loss emissions shall be calculated using the following 
equation:

TR22AP94.261

where:

Ks=Seal factor, pound-mole per [foot (miles per hour)N year], 
see table 29 of this subpart.
V=Average wind speed, miles per hour, at the source. A value of 10 
miles per hour may be assumed if source-specific data are not 
available.
N=Seal wind speed exponent, dimensionless, see table 29 of this 
subpart.
P*=Vapor pressure function, dimensionless, as defined in paragraph 
(g)(3)(iii)(B) of this section.
D=Vessel diameter, feet.
MV=Molecular weight of the HAP, pound per pound-mole.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
2,205=Constant, pounds per megagram.

    (C) Fitting loss emissions shall be calculated using the following 
equation:


TR22AP94.262

where:

FF=The total deck fitting loss factor, pound-mole per year, and


TR22AP94.263

where:

NFi=Number of fittings of a particular type, dimensionless. 
NFi is determined for the specific tank or estimated from tables 
30 through 32 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting, pound-
mole per year, and
KFi=KFai+KFbi Vmi, pound-mole per year, see table 
30 of this subpart for the appropriate values of KFa, KFb, 
and m for each fitting type.

V, P*, Mv, Kc, and 2,205 as defined in paragraph 
(g)(3)(iv)(B) of this section.
    (4) Emissions from transfer racks shall be calculated as follows:
    (i) The following equation shall be used for each transfer rack i 
to calculate ETRiu:


TR22AP94.264

where:

ETRiu=Uncontrolled transfer HAP emission rate from transfer rack 
i, megagrams per month.
S=Saturation factor, dimensionless (see table 33 of this subpart).
P=Weighted average rack partial pressure of organic HAP's transferred 
at the rack during the month, kilopascals.
M = Weighted average molecular weight of organic HAP's transferred at 
the transfer rack during the month, gram per gram-mole.
G = Monthly volume of organic HAP's transferred, liters per month.
T = Weighted rack bulk liquid loading temperature during the month, 
Kelvin ( deg.C + 273).

    (ii) The following equation shall be used for each transfer rack i 
to calculate the weighted average rack partial pressure:


TR22AP94.265

where:

Pj = Maximum true vapor pressure of individual organic HAP 
transferred at the rack, kilopascals.
G = Monthly volume of organic HAP transferred, liters per month, and


TR22AP94.266

Gj = Monthly volume of individual organic HAP transferred at the 
transfer rack, liters per month.
n = Number of organic HAP's transferred at the transfer rack.

    (iii) The following equation shall be used for each transfer rack i 
to calculate the weighted average rack molecular weight:


TR22AP94.267

where:

Mj = Molecular weight of individual organic HAP transferred at the 
rack, gram per gram-mole.

G, Gj, and n as defined in paragraph (g)(4)(ii) of this section.
    (iv) The following equation shall be used for each transfer rack i 
to calculate the monthly weighted rack bulk liquid loading temperature:


TR22AP94.268

where:

Tj = Average annual bulk temperature of individual organic HAP 
loaded at the transfer rack, Kelvin ( deg.C + 273).

G, Gj, and n as defined in paragraph (g)(4)(ii) of this section.
    (v) The following procedures and equations shall be used to 
calculate ETRiACTUAL:
    (A) If the transfer rack is not controlled, ETRiACTUAL = 
ETRiu, where ETRiu is calculated using the equations 
specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this section.
    (B) If the transfer rack is controlled using a control device or a 
pollution prevention measure achieving less than the 98-percent 
reduction,


TR22AP94.269

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in 
Sec. 63.128(a) of this subpart. For a flare meeting the criteria in 
Sec. 63.128(b) of this subpart or a boiler or process heater meeting 
the criteria in Sec. 63.128(c) of this subpart, the percent reduction 
shall be 98 percent. If testing is not feasible, percent reduction 
shall be determined through a design evaluation according to the 
procedures specified in Sec. 63.128(h) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (5) Emissions from wastewater shall be calculated as follows:
    (i) The following equation shall be used for each wastewater stream 
i to calculate EWWic:


TR22AP94.270

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i is controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, as determined by 
the procedure in Sec. 63.144(c)(3) of this subpart, liters per minute.
Hi = Number of hours during the month that wastewater stream i was 
generated, hours per month.
Frm = Fraction removed of organic HAP m in wastewater, from table 
9 of this subpart, dimensionless.
Fem = Fraction emitted of organic HAP m in wastewater from table 9 
of this subpart, dimensionless.
s = Total number of organic HAP's in wastewater stream i.
HAPim = Average concentration of organic HAP m in wastewater 
stream i, parts per million by weight,

    (A) HAPim shall be determined for the point of generation or 
at a location downstream of the point of generation using the sampling 
procedure in Sec. 63.144(b)(5)(i)(C) of this subpart. The samples 
collected may be analyzed by either of the following procedures:
    (1) A test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of 
this part may be used; or
    (2) Method 305 of appendix A of this part may be used to determine 
Cim, the average VOHAP concentration of organic HAP m in 
wastewater stream i, and then HAPim may be calculated using the 
following equation:

HAPim = Cim/Fmm,

where Fmm for organic HAP m is obtained from table 34 of this 
subpart.
    (B) Values for Qi, HAPim, and Cim shall be 
determined during a performance test conducted under representative 
conditions. The average value obtained from three test runs shall be 
used. The values of Qi, HAPim, and Cim shall be 
established in the Notification of Compliance Status and must be 
updated as provided in paragraph (g)(5)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and Cim are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Qi, HAPim, and 
Cim. These new values shall be used to calculate debits and 
credits from the time of the change forward, and the new values shall 
be reported in the next Periodic Report.
    (ii) The following equation shall be used to calculate 
EWWiACTUAL for each wastewater stream i that is not managed 
according to the provisions for waste management units of Secs. 63.133 
through 63.137 or Sec. 63.138(i)(3) of this subpart, as applicable, 
which specify equipment and work practices for suppressing and 
controlling vapors.


TR22AP94.271

where:

EWWiACTUAL=Monthly wastewater stream emission rate if wastewater 
stream i is uncontrolled or is controlled to a level less stringent 
than the reference control technology, megagrams per month.

Qi, Hi, s, Fem, and HAPim are as defined and 
determined according to paragraph (g)(5)(i) of this section.
    (iii) The following equation shall be used to calculate 
EWWiACTUAL for each wastewater stream i that is managed according 
to the requirements of Secs. 63.133 through 63.137 or Sec. 63.138(i)(3) 
of this subpart, as applicable, and wastewater stream i is uncontrolled 
or is controlled to a level less stringent than the reference control 
technology (for the purposes of the wastewater emissions averaging 
provisions, the term control is used to mean treatment):


TR22AP94.272

where:

EWWiACTUAL=Monthly wastewater stream emission rate if wastewater 
stream i is uncontrolled or is controlled to a level less stringent 
than the reference control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, which treat wastewater stream i, in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:


TR22AP94.273

where:

HAPim-in=Average concentration of organic HAP m, parts per million 
by weight, as defined and determined according to paragraph (g)(5)(i) 
of this section, in the wastewater entering the first treatment process 
in the series.
HAPim-out=Average concentration of organic HAP m, parts per 
million by weight, as defined and determined according to paragraph 
(g)(5)(i) of this section, in the wastewater exiting the last treatment 
process in the series.
Ri=Reduction efficiency of the device used to control any vapor 
streams emitted and collected from wastewater stream i during 
treatment, dimensionless, as determined according to the procedures in 
Sec. 63.145(e) of this subpart.

Qi, Hi, s, Fem, and HAPim are as defined and 
determined according to paragraph (g)(5)(i) of this section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating source-wide credits is:


TR22AP94.550


where: Credits and all terms of the equation are in units of megagrams 
per month, the baseline date is November 15, 1990, and:

D=Discount factor=0.9 for all credit generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 process vent i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(2) of this section.
(0.02) EPV1iu=Emissions from each Group 1 process vent i if the 
reference control technology had been applied to the uncontrolled 
emissions. EPV1iu is calculated according to paragraph (h)(2) of 
this section.
EPV2iACTUAL=Emissions from each Group 2 process vent i that is 
controlled, calculated according to paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 process vent i at the 
baseline date, as calculated in paragraph (h)(2) of this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions. ES1iu is calculated according to paragraph (h)(3) of 
this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that is 
controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date, as calculated in paragraph (h)(3) of this section.
ETR1iACTUAL=Emissions from each Group 1 transfer rack i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
(0.02) ETR1iu=Emissions from each Group 1 transfer rack i if the 
reference control technology had been applied to the uncontrolled 
emissions. ETR1iu is calculated according to paragraph (h)(4) of 
this section.
ETR2iACTUAL=Emissions from each Group 2 transfer rack i that are 
controlled, calculated according to paragraph (h)(4) of this section.
ETR2iBASE=Emissions from each Group 2 transfer rack i at the 
baseline date, as calculated in paragraph (h)(4) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i that 
is controlled, calculated according to paragraph (h)(5) of this 
section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i at the 
baseline date, calculated according to paragraph (h)(5) of this 
section.
n = Number of Group 1 emission points included in the emissions 
average. The value of n is not necessarily the same for process vents, 
storage vessels, transfer racks, and wastewater.
m = Number of Group 2 emission points included in the emissions 
average. The value of m is not necessarily the same for process vents, 
storage vessels, transfer racks, and wastewater.

    (i) For an emission point controlled using a reference control 
technology, the percent reduction for calculating credits shall be no 
greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent 
than the reference control technology, the nominal efficiency for 
calculating credits shall be assigned as described in paragraph (i) of 
this section. A reference control technology may be approved for use in 
a different manner and assigned a higher nominal efficiency according 
to the procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be as 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 process vents, EPV1iu, 
shall be calculated according to the procedures and equation for 
EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (ii) Actual emissions from Group 1 process vents controlled using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
emission reduction, EPV1iACTUAL, shall be calculated according to 
the following equation:

TR22AP94.275

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percent 
reduction less than or equal to 98 percent reduction,

TR22AP94.276

    (1) EPV2iu shall be calculated according to the equations and 
procedures for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section, except as provided in paragraph (h)(2)(iii)(A)(3) of this 
section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution 
prevention project, EPV2iu shall be calculated prior to that 
recovery device. The equation for EPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate EPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution 
prevention project, the percent reduction shall be demonstrated by 
conducting a performance test at the inlet and outlet of that recovery 
device.
    (B) For a Group 2 process vent controlled using a technology with 
an approved nominal efficiency greater than 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,

TR22AP94.277

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu and shall be calculated according to the 
procedures and equation for EPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,

TR22AP94.278

where EPV2iu is calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section. The percent reduction shall be calculated according to the 
procedures specified in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section.
    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE=EPV2iu, where EPV2iu is calculated according 
to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 storage vessels, 
ES1iu, shall be calculated according to the equations and 
procedures for ESiu in paragraph (g)(3)(i) of this section.
    (ii) Actual emissions from Group 1 storage vessels controlled using 
a technology with an approved nominal efficiency greater than 95 
percent or a pollution prevention measure achieving greater than 95 
percent emission reduction, ES1iACTUAL, shall be calculated 
according to the following equation:

TR22AP94.279

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 storage vessels, ES2iACTUAL:
    (A) For a Group 2 storage vessel controlled using a control device 
or a pollution prevention measure (other than an internal or external 
floating roof) achieving a percent reduction less than or equal to 95-
percent reduction,

TR22AP94.280

    (1) ES2iu is calculated according to the equations and 
procedures for ESiu in paragraph (g)(3)(i) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this 
section.
    (3) If an internal or external floating roof meeting the 
specifications of Sec. 63.119 (b), (c), or (d) of this subpart is used 
to control the vessel, the percent reduction shall be 95 percent.
    (B) If a Group 2 storage vessel is controlled with an internal or 
external floating roof not meeting the specifications of Sec. 63.119 
(b), (c), or (d) of this subpart, ES2iACTUAL shall be calculated 
as specified for ESiACTUAL in paragraph (g)(3)(iii) or (g)(3)(iv) 
of this section.
    (C) For a Group 2 storage vessel controlled using a technology with 
an approved nominal efficiency greater than 95 percent or a pollution 
prevention measure achieving greater than 95 percent reduction,

TR22AP94.281

    (iv) Emissions from Group 2 storage vessels at baseline, 
ES2iBASE, shall be calculated as follows:
    (A) If the fixed-roof vessel was uncontrolled on November 15, 1990, 
ES2iBASE=ES2iu and shall be calculated according to the 
procedures and equations for ESiu in paragraph (g)(3)(i) of this 
section.
    (B) If the storage vessel was controlled on November 15, 1990:
    (1) The equations for ESiACTUAL in paragraph (g)(3)(iii) of 
this section shall be used to calculate ES2iBASE for vessels 
controlled with an internal floating roof that does not meet the 
specifications of Sec. 63.119 (b) or (d) of this subpart.
    (2) The equations for ESiACTUAL in paragraph (g)(3)(iv) of 
this section shall be used to calculate ES2iBASE for vessels 
controlled with an external floating roof that does not meet the 
specifications of Sec. 63.119(c) of this subpart.
    (3) The following equations shall be used to calculate 
ES2iBASE for vessels controlled with a control device,

TR22AP94.282

where ES2iu shall be calculated according to the equations for 
ESiu in paragraph (g)(3)(i) of this section. The percent reduction 
shall be calculated according to the procedures in paragraphs 
(g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this section.
    (4) Emissions from transfer racks shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 transfer racks, 
ETR1iu, shall be calculated according to the procedures and 
equations for ETRiu as described in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (ii) Actual emissions from Group 1 transfer racks controlled using 
a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, ETRiACTUAL, shall be calculated 
according to the following equation:

TR22AP94.283

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 transfer racks, ETR2iACTUAL:
    (A) For a Group 2 transfer rack controlled by a control device or a 
pollution prevention measure achieving a percent reduction less than or 
equal to 98 percent reduction,

TR22AP94.284

    (1) ETR2iu shall be calculated according to the equations and 
procedures for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraph (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this 
section.
    (B) For a Group 2 transfer rack controlled using a technology with 
an approved nominal efficiency greater than 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,

TR22AP94.285

    (iv) Emissions from Group 2 transfer racks at baseline, 
ETR2iBASE, shall be calculated as follows:
    (A) If the transfer rack was uncontrolled on November 15, 1990, 
ETR2iBASE=ETR2iu and shall be calculated according to the 
procedures and equations for ETRiu in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (B) If the transfer rack was controlled on November 15, 1990,

TR22AP94.286

where ETR2iu is calculated according to the procedures and 
equations for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section. Percent reduction shall be calculated according to the 
procedures in paragraphs (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this 
section.
    (5) Emissions from wastewater shall be determined as follows:
    (i) EWW1ic shall be calculated according to the equation for 
EWWic in paragraph (g)(5)(i) of this section.
    (ii) EWW2iBASE shall be calculated according to the equation 
for EWWiACTUAL in paragraph (g)(5)(ii) of this section for each 
Group 2 wastewater stream i, which, on November 15, 1990, was not 
managed according to the requirements of Secs. 63.133 through 63.137 or 
Sec. 63.138(i)(3) of this subpart, as applicable.
    (iii) EWW2iBASE shall be calculated according to the equation 
for EWWiACTUAL in paragraph (g)(5)(iii) of this section for each 
Group 2 wastewater stream i, which, on November 15, 1990, was managed 
according to the requirements of Secs. 63.133 through 63.137 or 
Sec. 63.138(i)(3) of this subpart, as applicable, and was uncontrolled 
or controlled to a level less stringent than the reference control 
technology.
    (iv) For Group 2 wastewater streams that are managed according to 
the requirements of Secs. 63.133 through 63.137 or Sec. 63.138(i)(3) of 
this subpart, as applicable, EWW2iACTUAL shall be calculated as 
follows:
    (A) EWW2iACTUAL shall be calculated according to the equation 
for EWWiACTUAL in paragraph (g)(5)(iii) of this section for each 
Group 2 wastewater stream i that is controlled to a level less 
stringent than, or equivalent to, the reference control technology.
    (B) EWW2iACTUAL shall be calculated according to the 
procedures for calculating EWW1iACTUAL in paragraph (h)(5)(v) of 
this section for each Group 2 wastewater stream that is controlled to a 
level more stringent than the reference control technology.
    (v) The following equations for EWW1iACTUAL shall be used to 
calculate emissions from each Group 1 wastewater stream i that is 
managed according to the requirements of Secs. 63.133 through 63.137 or 
Sec. 63.138(i)(3) of this subpart, as applicable, and is controlled to 
a level more stringent than the reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency in the total VOHAP concentration of stream 
i greater than that of the design steam stripper specified in 
Sec. 63.138(g) of this subpart, and the control device used to reduce 
organic HAP emissions from the vapor stream(s) vented from the 
treatment process(es) achieves a percent reduction equal to 95 percent, 
the following equation shall be used:

TR22AP94.288

where all terms are as defined and determined in paragraph (g)(5) of 
this section.
    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with a nominal 
reduction efficiency in the total VOHAP concentration greater than that 
of the design steam stripper specified in Sec. 63.138(g) of this 
subpart, but the vapor stream(s) vented from the treatment process(es) 
are controlled using a device with an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:

TR22AP94.287

where all terms other than nominal efficiency are as defined and 
determined in paragraph (g)(5) of this section.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency in the total VOHAP concentration greater 
than that of the design steam stripper specified in Sec. 63.138(g) of 
this subpart, and the vapor stream(s) vented from the treatment process 
are controlled using a device with an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:

TR22AP94.289

where all terms other than nominal efficiency are as defined and 
determined in paragraph (g)(5) of this section.
    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of 
this section shall be followed for control technologies that are 
different in use or design from the reference control technologies and 
achieve greater percent reductions than the percent efficiencies 
assigned to the reference control technologies in Sec. 63.111 of this 
subpart.
    (1) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology, and 
the different control technology will be used in more than three 
applications at a single plant-site, the owner or operator shall submit 
the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of 
this section to the Director of the EPA Office of Air Quality Planning 
and Standards in writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance.
    (ii) Description of the control technology including design 
specifications.
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented.
    (iv) A description of the parameter or parameters to be monitored 
to ensure that the control technology will be operated in conformance 
with its design and an explanation of the criteria used for selection 
of that parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall 
have a nominal efficiency and the level of that nominal efficiency. If, 
in the Administrator's judgment, the control technology achieves a 
level of emission reduction greater than the reference control 
technology for a particular kind of emission point, the Administrator 
will publish a Federal Register notice establishing a nominal 
efficiency for the control technology.
    (4) The Administrator may condition permission to take emission 
credits for use of the control technology on requirements that may be 
necessary to ensure operation and maintenance to achieve the specified 
nominal efficiency.
    (5) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology and 
the different control technology will be used in no more than three 
applications at a single plant site, the information listed in 
paragraphs (i)(1)(i) through (i)(1)(iv) can be submitted to the 
permitting authority for the source for approval instead of the 
Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority as part of an 
operating permit application or modification. The permitting authority 
shall follow the procedures specified in paragraphs (i)(2) through 
(i)(4) of this section except that, in these instances, a Federal 
Register notice is not required to establish the nominal efficiency for 
the different technology.
    (ii) If, in reviewing the application, the permitting authority 
believes the control technology has broad applicability for use by 
other sources, the permitting authority shall submit the information 
provided in the application to the Director of the EPA Office of Air 
Quality Planning and Standards. The Administrator shall review the 
technology for broad applicability and may publish a Federal Register 
notice; however, this review shall not affect the permitting 
authority's approval of the nominal efficiency of the control 
technology for the specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines 
the control technology is not different in use or design from the 
reference control technology, the Administrator or permitting authority 
shall deny the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percent reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice which meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in 
a lesser quantity of organic HAP emissions per unit of product released 
to the atmosphere prior to out-of-process recycling, treatment, or 
control of emissions, while the same product is produced.
    (ii) Pollution prevention measures may include: substitution of 
feedstocks that reduce HAP emissions; alterations to the production 
process to reduce the volume of materials released to the environment; 
equipment modifications; housekeeping measures; and in-process 
recycling that returns waste materials directly to production as raw 
materials. Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, can be used in 
calculating the actual emissions from an emission point in the debit 
and credit equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percent reduction used 
in the equations in paragraphs (g)(2) through (g)(5) of this section 
and paragraphs (h)(2) through (h)(5) of this section is the percent 
difference between the monthly organic HAP emissions for each emission 
point after the pollution prevention measure for the most recent month 
versus monthly emissions from the same emission point before the 
pollution prevention measure, adjusted by the volume of product 
produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the percent 
reduction of a pollution prevention measure for each emission point.

TR22AP94.290

where:

Percent reduction=Efficiency of pollution prevention measure (percent 
organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
megagrams per month, determined as specified in paragraphs 
(j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure, 
megagrams per month, as determined for the most recent month, 
determined as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of 
this section.
PB=Monthly production before the pollution prevention measure, 
megagrams per month, during the same period over which EB is 
calculated.
Ppp=Monthly production after the pollution prevention measure, 
megagrams per month, as determined for the most recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the equations 
and procedures in paragraphs (g)(2), (g)(3), and (g)(4) of this section 
for process vents, storage vessels, and transfer operations.
    (B) For wastewater, EB shall be calculated as follows:

TR22AP94.291

where:

n=Number of wastewater streams.
QBi=Average flow rate for wastewater stream i before the pollution 
prevention measure, defined and determined according to paragraph 
(g)(5)(i) of this section, liters per minute, before implementation of 
the pollution prevention measure.
HBi=Number of hours per month that wastewater stream i was 
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from table 9 
of this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater stream 
i, defined and determined according to paragraph (g)(5)(i) of this 
section, before the pollution prevention measure, parts per million by 
weight, as measured before the implementation of the pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
April 22, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a design 
evaluation and documented engineering calculations. Once an emissions-
to-production ratio has been established, the ratio can be used to 
estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the 
following equation:

TR22AP94.292

where n, Qppi, Hppi, s, Fem, and HAPppim are 
defined and determined as described in paragraph (j)(2)(ii)(B) of this 
section except that Qppi, Hppi, and HAPppim shall be 
determined after the pollution prevention measure has been implemented.
    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percent reduction achieved 
by a pollution prevention measure for each emission point shall be 
fully documented.
    (iv) The same pollution prevention measure may reduce emissions 
from multiple emission points. In such cases, the percent reduction in 
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(5) of this section, used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percent reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator must demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard, or at the option of the Administrator, 
greater risk to human health or the environment than if the emission 
points were controlled according to the provisions in Secs. 63.113 
through 63.148 of this subpart.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the Administrator.
    (i) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their operating permit application or in their Implementation Plan if 
an operating permit application has not yet been submitted.
    (3) An emissions averaging plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
emissions averaging plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or 
the environment than would result if the emission points were 
controlled according to Secs. 63.113 through 63.148 of this subpart.
    (4) A hazard or risk equivalency demonstration must:
    (i) be a quantitative, bona fide chemical hazard or risk 
assessment;
    (ii) account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) meet any requirements set by the Administrator for such 
demonstrations.
    (l) For periods of excursions, an owner or operator may request 
that the provisions of paragraphs (l)(1) through (l)(4) of this section 
be followed instead of the procedures in paragraphs (f)(3)(i) and 
(f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of 
excursions in the Periodic Reports as required in Sec. 63.152 of this 
subpart.
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to 
establish that the control device for the emission point was operating 
in such a fashion to warrant assigning full or partial credits and 
debits. This demonstration shall be made to the Administrator's 
satisfaction, and the Administrator may establish procedures of 
demonstrating compliance that are acceptable.
    (3) The owner or operator shall provide documentation of the 
excursion and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning 
full or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.
    (m) For each Group 1 or Group 2 emission point included in an 
emissions average, the owner or operator shall perform testing, 
monitoring, recordkeeping, and reporting equivalent to that required 
for Group 1 emission points complying with Secs. 63.113 through 63.148 
of this subpart. The specific requirements for process vents, storage 
vessels, transfer racks, and wastewater are identified in paragraphs 
(m)(1) through (m)(6) of this section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each process vent equipped 
with a flare, incinerator, boiler, or process heater.
    (i) Determine whether the process vent is Group 1 or Group 2 
according to the procedures in Sec. 63.115 of this subpart.
    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 of this subpart;
    (iii) Monitor the operating parameters, keep records, and submit 
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118 (a), 
(f), and (g) of this subpart, as appropriate for the specific control 
device.
    (2) The source shall implement the following procedures for each 
process vent equipped with a carbon adsorber, absorber, or condenser 
but not equipped with a control device:
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index value using the methods specified in Sec. 63.115 of this subpart;
    (ii) Monitor the operating parameters, keep records, and submit 
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118(b), 
(f), and (g) of this subpart, as appropriate for the specific recovery 
device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external 
roof, or a closed vent system with a control device, as appropriate to 
the control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.120 
of this subpart,
    (ii) Perform the reporting and recordkeeping procedures in 
Secs. 63.122 and 63.123 of this subpart, and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan as specified in 
Sec. 63.120(d) and Sec. 63.122(a)(2) and (b) of this subpart.
    (4) The source shall implement the following procedures for each 
transfer rack controlled with a vapor balancing system, or a vapor 
collection system and an incinerator, flare, boiler, process heater, 
adsorber, condenser, or absorber, as appropriate to the control 
technique:
    (i) The monitoring and inspection procedures in Sec. 63.127 of this 
subpart,
    (ii) The testing and compliance procedures in Sec. 63.128 of this 
subpart, and
    (iii) The reporting and recordkeeping procedures in Sec. 63.129 and 
Sec. 63.130 of this subpart.
    (5) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 63.138(i) and (j) of this subpart.
    (ii) Conduct inspections and monitoring as specified in Sec. 63.143 
of this subpart.
    (iii) A recordkeeping program as specified in Sec. 63.147 of this 
subpart.
    (iv) A reporting program as specified in Sec. 63.146 of this 
subpart.
    (6) If an emission point in an emissions average is controlled 
using a pollution prevention measure or a device or technique for which 
no monitoring parameters or inspection procedures are specified in 
Sec. 63.114, Sec. 63.120, Sec. 63.127, or Sec. 63.143 of this subpart, 
the owner or operator shall submit the information specified in 
Sec. 63.151(f) of this subpart in the Implementation Plan or operating 
permit application.
    (n) Records of all information required to calculate emission 
debits and credits shall be retained for five years.
    (o) Initial Notifications, Implementation Plans, Notifications of 
Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec. 63.151 and Sec. 63.152 of this subpart.


Sec. 63.151  Initial notification and implementation plan.

    (a) Each owner or operator of a source subject to this subpart 
shall submit the reports listed in paragraphs (a)(1) through (a)(5) of 
this section. Owners or operators requesting an extension of compliance 
shall also submit the report listed in paragraph (a)(6) of this 
section.
    (1) An Initial Notification described in paragraph (b) of this 
section, and
    (2) An Implementation Plan, unless an operating permit application 
has been submitted prior to the date the Implementation Plan is due.
    (i) The submittal date and contents of the Implementation Plan for 
emission points to be included in an emissions average are specified in 
paragraphs (c) and (d) of this section.
    (ii) The submittal date and contents of the Implementation Plan for 
emission points that will not be included in an emissions average are 
specified in paragraph (c) and (e) of this section,
    (3) A Notification of Compliance Status described in Sec. 63.152 of 
this subpart,
    (4) Periodic Reports described in Sec. 63.152 of this subpart, and
    (5) Other reports described in Sec. 63.152 of this subpart.
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing source up to 1 
additional year to comply with section 112(d) standards.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted to the operating permit authority as part of the operating 
permit application. If the State in which the source is located does 
not have an approved operating permit program, a request for an 
extension shall be submitted to the Administrator as part of the 
Initial Notification or as a separate submittal. Requests for 
extensions shall be submitted no later than the date the Implementation 
Plan is required to be submitted. The dates specified in Sec. 63.6(i) 
of subpart A for submittal of requests for extensions shall not apply 
to sources subject to subpart G.
    (ii) A request for an extension of compliance must include the data 
described in Sec. 63.6(i)(6)(i) of subpart A.
    (iii) The requirements in Sec. 63.6(i)(8) through (i)(14) of 
subpart A will govern the review and approval of requests for 
extensions of compliance with this subpart.
    (b) Each owner or operator of an existing or new source subject to 
subpart G shall submit a written Initial Notification to the 
Administrator, containing the information described in paragraph (b)(1) 
of this section, according to the schedule in paragraph (b)(2) of this 
section. The Initial Notification provisions in Sec. 63.9(b)(2), 
(b)(3), and (b)(6) of subpart A shall not apply to owners or operators 
of sources subject to subpart G.
    (1) The Initial Notification shall include the following 
information:
    (i) The name and address of the owner or operator;
    (ii) The address (physical location) of the affected source;
    (iii) An identification of the kinds of emission points within the 
chemical manufacturing process units that are subject to subpart G;
    (iv) An identification of the chemical manufacturing processes 
subject to subpart G; and
    (v) A statement of whether the source can achieve compliance by the 
relevant compliance date specified in Sec. 63.100 of subpart F.
    (2) The Initial Notification shall be submitted according to the 
schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this 
section, as applicable.
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 calendar days after the date of promulgation.
    (ii) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the 
application for approval of construction or reconstruction required by 
Sec. 63.5(d) of subpart A shall be submitted in lieu of the Initial 
Notification. The application shall be submitted as soon as practicable 
before construction or reconstruction is planned to commence (but it 
need not be sooner than 90 calendar days after the date of promulgation 
of this subpart).
    (iii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Initial Notification 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart. The application for approval of 
construction or reconstruction described in Sec. 63.5(d) of subpart A 
is not required for these sources.
    (c) Each owner or operator of an existing or new source subject to 
this subpart who has not submitted an operating permit application must 
submit an Implementation Plan to the Administrator by the dates 
specified in paragraphs (c)(1) and (c)(2) of this section. The 
Implementation Plan for emissions averaging is subject to Administrator 
approval.
    (1) For existing sources, an Implementation Plan shall be submitted 
as specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 by using emissions 
averaging for any emission points, and who has not submitted an 
operating permit application at least 18 months prior to the compliance 
dates specified in Sec. 63.100 of subpart F, shall develop an 
Implementation Plan for emissions averaging. For existing sources, the 
Implementation Plan for those emission points to be included in an 
emissions average shall be submitted no later than 18 months prior to 
the compliance dates in Sec. 63.100 of subpart F.
    (ii) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 of this subpart by 
complying with the provisions of Secs. 63.113 to 63.148 of this 
subpart, rather than emissions averaging, for any emission points, and 
who has not submitted an operating permit application at least 12 
months prior to the compliance dates specified in Sec. 63.100 of 
subpart F, shall develop an Implementation Plan. For an existing 
source, the Implementation Plan for those emission points that are not 
to be included in an emissions average shall be submitted to the 
Administrator no later than 12 months prior to the compliance dates in 
Sec. 63.100 of subpart F.
    (2) Each owner or operator of a new source shall submit an 
Implementation Plan by the date specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section, as applicable, unless an operating permit 
application containing the information in paragraph (e) of this section 
has been submitted by that date.
    (i) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the 
Implementation Plan shall be submitted with the application for 
approval of construction or reconstruction by the date specified in 
paragraph (b)(2)(ii) of this section.
    (ii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Implementation Plan 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted by sources using emissions 
averaging presents sufficient information. The Administrator shall 
either approve the Implementation Plan, request changes, or request 
that the owner or operator submit additional information. Once the 
Administrator receives sufficient information, the Administrator shall 
approve, disapprove, or request changes to the plan within 120 calendar 
days.
    (d) Each owner or operator required to submit an Implementation 
Plan for emissions averaging shall include in the plan, for all 
emission points included in the emissions average, the information 
listed in paragraphs (d)(1) through (d)(8) of this section.
    (1) The identification of all emission points in the planned 
emissions average and notation of whether each point is a Group 1 or 
Group 2 emission point as defined in Sec. 63.111 of this subpart.
    (2) The projected emission debits and credits for each emission 
point and the sum for the emission points involved in the average 
calculated according to Sec. 63.150 of this subpart. The projected 
credits must be greater than the projected debits, as required under 
Sec. 63.150(e)(3) of this subpart.
    (3) The specific control technology or pollution prevention measure 
that will be used for each emission point included in the average and 
date of application or expected date of application.
    (4) The specific identification of each emission point affected by 
a pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec. 63.150(j)(1) of this subpart must be met. 
If the same pollution prevention measure reduces or eliminates 
emissions from multiple emission points in the average, the owner or 
operator must identify each of these emission points.
    (5) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in Sec. 63.150(m), 
(n), and (o) of this subpart that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (6) Documentation of the information listed in paragraph (d)(6)(i) 
through (d)(6)(v) of this section for each process vent, storage 
vessel, or transfer rack included in the average.
    (i) The values of the parameters used to determine whether the 
emission point is Group 1 or Group 2. Where TRE index value is used for 
process vent group determination, the estimated or measured values of 
the parameters used in the TRE equation in Sec. 63.115(d) of this 
subpart (flow rate, organic HAP emission rate, TOC emission rate, and 
net heating value) and the resulting TRE index value shall be 
submitted.
    (ii) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.150 (g) and (h) of 
this subpart. These parameter values, or as appropriate, limited ranges 
for the parameter values, shall be specified in the source's 
Implementation Plan (or operating permit) as enforceable operating 
conditions. Changes to these parameters must be reported as required by 
paragraph (i)(2)(ii) of this section.
    (iii) The estimated percent reduction if a control technology 
achieving a lower percent reduction than the efficiency of the 
reference control technology, as defined in Sec. 63.111 of this 
subpart, is or will be applied to the emission point.
    (iv) The anticipated nominal efficiency if a control technology 
achieving a greater percent emission reduction than the efficiency of 
the reference control technology is or will be applied to the emission 
point. The procedures in Sec. 63.150(i) of this subpart shall be 
followed to apply for a nominal efficiency.
    (v) The operating plan required in Sec. 63.122(a)(2) and (b) of 
this subpart for each storage vessel controlled with a closed-vent 
system with a control device other than a flare.
    (7) The information specified in Sec. 63.151(f) of this subpart 
shall be included in the Implementation Plan for:
    (i) each process vent or transfer rack controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in Sec. 63.114, 
Sec. 63.126(b)(3), or Sec. 63.127 of this subpart, and
    (ii) each storage vessel controlled by pollution prevention or a 
control technique other than an internal or external floating roof or a 
closed vent system with a control device.
    (8) Documentation of the information listed in paragraph (d)(8)(i) 
through (d)(8)(iv) for each process wastewater stream included in the 
average.
    (i) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream. This shall include the 
information specified in table 14a for wastewater streams at new 
sources and in table 14b for wastewater streams at new and existing 
sources.
    (ii) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec. 63.150 (g)(5) 
and (h)(5) of this subpart.
    (iii) The estimated percent reduction if:
    (A) A control technology that achieves an emission reduction less 
than or equal to the emission reduction achieved by the design steam 
stripper, as specified in Sec. 63.138(g) of this subpart, is or will be 
applied to the wastewater stream, or
    (B) A control technology achieving less than or equal to 95 percent 
emission reduction is or will be applied to the vapor stream(s) vented 
and collected from the treatment processes, or
    (C) A pollution prevention measure is or will be applied.
    (iv) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec. 63.150(i) of this 
subpart. A nominal efficiency shall be applied for if:
    (A) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction achieved by the design steam stripper as specified in 
Sec. 63.138(g) of this subpart, or
    (B) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (v) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP's from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143 of this subpart, the 
information specified in Sec. 63.151(f) of this subpart shall be 
included in the Implementation Plan.
    (e) An owner or operator required to submit an Implementation Plan 
shall include in the Implementation Plan the information listed in 
paragraphs (e)(1) through (e)(5) of this section for emission points 
that are not included in an emissions average.
    (1) A list designating each emission point complying with 
Secs. 63.113 through 63.148 of this subpart.
    (i) Whether each emission point is Group 1 or Group 2, as defined 
in Sec. 63.111 of this subpart.
    (ii) For process wastewater, the information specified in table 14a 
for wastewater streams at new sources and in table 14b for wastewater 
streams at new and existing sources.
    (2) The control technology or method of compliance that will be 
applied to each Group 1 emission point.
    (3) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in Secs. 63.113 
through 63.148 of this subpart that are applicable to each emission 
point will be implemented beginning on the date of compliance.
    (4) The operating plan required in Sec. 63.122(a)(2) and (b) of 
this subpart for each storage vessel controlled with a closed vent 
system with a control device other than a flare.
    (5) The monitoring information in Sec. 63.151(f) of this subpart 
if, for any emission point, the owner or operator of a source seeks to 
comply through use of a control technique other than those for which 
monitoring parameters are specified in Sec. 63.114 for process vents, 
Sec. 63.127 for transfer, and Sec. 63.143 for process wastewater.
    (f) The owner or operator who has been directed by any section of 
this subpart to set unique monitoring parameters or who requests 
approval to monitor a different parameter than those listed in 
Sec. 63.114 for process vents, Sec. 63.127 for transfer, or Sec. 63.143 
for process wastewater shall submit the information specified in 
paragraphs (f)(1), (f)(2), and (f)(3) of this section with the 
Implementation Plan required in paragraphs (c), (d), and (e) of this 
section. An owner or operator who submits an operating permit 
application instead of an Implementation Plan shall submit the 
information specified in Sec. 63.152(e) with the operating permit 
application.
    (1) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit, 
percent reduction, or nominal efficiency, and an explanation of the 
criteria used to select the parameter(s).
    (2) A description of the methods and procedures that will be used 
to demonstrate that the parameter indicates proper operation of the 
control device, the schedule for this demonstration, and a statement 
that the owner or operator will establish a range for the monitored 
parameter as part of the Notification of Compliance Status report 
required in Sec. 63.152(b) of this subpart, unless this information has 
already been included in the operating permit application.
    (3) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if reports 
of daily average values when the monitored parameter value is outside 
the range established in the operating permit or Notification of 
Compliance Status will not be included in Periodic Reports required 
under Sec. 63.152(c) of this subpart. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.
    (g) An owner or operator may request approval to use alternatives 
to the continuous operating parameter monitoring and recordkeeping 
provisions listed in Secs. 63.114, 63.117, and 63.118 for process 
vents, Secs. 63.127, 63.129, and 63.130 for transfer operations, and 
Secs. 63.143, 63.146, and 63.147 for wastewater.
    (1) Requests shall be submitted in the Implementation Plan, if not 
already included in the operating permit application, and shall contain 
the information specified in paragraphs (g)(3) through (g)(5) of this 
section, as applicable.
    (2) The provisions in Sec. 63.8(f)(5)(i) of subpart A shall govern 
the review and approval of requests.
    (3) An owner or operator of a source that does not have an 
automated monitoring and recording system capable of measuring 
parameter values at least once every 15 minutes and generating 
continuous records may request approval to use a non-automated system 
with less frequent monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes.
    (B) Record at least four values each hour during periods of 
operation.
    (C) Record the date and time when monitors are turned off or on.
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (F) If the daily average is not an excursion, as defined in 
Sec. 63.152(c)(2)(ii), the data for that operating day may be converted 
to hourly average values and the four or more individual records for 
each hour in the operating day may be discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating daily averages, and a demonstration that the 
system meets all criteria in paragraph (g)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f) of subpart A of this part.
    (h) The owner or operator required to prepare an Implementation 
Plan under paragraph (c), (d), or (e) of this section shall also 
prepare a supplement to the Implementation Plan for any alternative 
controls or operating scenarios that may be used to achieve compliance.
    (i) The owner or operator of a source required to submit an 
Implementation Plan for emissions averaging under paragraphs (c) and 
(d) of this section shall also submit written updates of the 
Implementation Plan to the Administrator for approval under the 
circumstances described in paragraphs (i)(1) and (i)(2) of this section 
unless the relevant information has been included and submitted in an 
operating permit application or amendment.
    (1) The owner or operator who plans to make a change listed in 
paragraph (i)(1)(i) or (i)(1)(ii) of this section shall submit an 
Implementation Plan update at least 120 calendar days prior to making 
the change.
    (i) Whenever an owner or operator elects to achieve compliance with 
the emissions averaging provisions in Sec. 63.150 of this subpart by 
using a control technique other than that specified in the 
Implementation Plan or plans to monitor a different parameter or 
operate a control device in a manner other than that specified in the 
Implementation Plan.
    (ii) Whenever an emission point or a chemical manufacturing process 
unit is added to an existing source and is planned to be included in an 
emissions average, or whenever an emission point not included in the 
emissions average described in the Implementation Plan is to be added 
to an emissions average. The information in paragraph (d) of this 
section shall be updated to include the additional emission point.
    (2) The owner or operator who has made a change listed in paragraph 
(i)(2)(i) or (i)(2)(ii) of this section shall submit an Implementation 
Plan update within 90 calendar days after the information regarding the 
change is known to the source. The update may be submitted in the next 
quarterly Periodic Report if the change is made after the date the 
Notification of Compliance status is due.
    (i) Whenever a process change is made such that the group status of 
any emission point in an emissions average changes.
    (ii) Whenever a value of a parameter in the emission credit or 
debit equations in Sec. 63.150(g) or (h) changes such that it is 
outside the range specified in the Implementation Plan and causes a 
decrease in the projected credits or an increase in the projected 
debits.
    (3) The Administrator shall approve or request changes to the 
Implementation Plan update within 120 calendar days of receipt of 
sufficient information regarding the change for emission points 
included in emissions averages.
    (j) The owner or operator of a source required to submit an 
Implementation Plan under paragraphs (c) and (e) of this section, for 
emission points that are not included in an emissions average, shall 
also submit written updates of the Implementation Plan to the 
Administrator under the circumstances described in paragraphs (j)(1), 
(j)(2), and (j)(3) of this section unless the relevant information has 
been included and submitted in an operating permit application or 
amendment. The information shall be submitted within 180 calendar days 
after the change is made or the information regarding the change is 
known to the source. The update may be submitted in the next Periodic 
Report if the change is made after the date the Notification of 
Compliance status is due.
    (1) Whenever a process change is made such that the group status of 
any emission point changes. The information submitted shall include a 
compliance schedule as specified in Sec. 63.100 of subpart F if the 
emission point becomes Group 1.
    (2) Whenever an owner or operator elects to achieve compliance with 
this subpart by using a control technique other than that specified in 
the Implementation Plan or plans to monitor a different parameter or 
operate a control device in a manner other than that specified in the 
Implementation Plan.
    (3) Whenever an emission point or a chemical manufacturing process 
unit is added to a source, a written addendum to the Implementation 
Plan containing information in paragraph (e) of this section on the new 
emission point shall be submitted.


Sec. 63.152  General reporting and continuous records.

    (a) The owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section and keep continuous records of monitored parameters as 
specified in paragraph (f) of this section. Owners or operators 
requesting an extension of compliance shall also submit the report 
described in Sec. 63.151(a)(6) of this subpart.
    (1) An Initial Notification described in Sec. 63.151(b) of this 
subpart.
    (2) An Implementation Plan described in Sec. 63.151 (c), (d), and 
(e) of this subpart, unless an operating permit application has been 
submitted prior to the date the Implementation Plan is due.
    (3) A Notification of Compliance Status described in paragraph (b) 
of this section.
     (4) Periodic Reports described in paragraph (c) of this section.
    (5) Other reports described in paragraphs (d) and (e) of this 
section.
    (b) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status within 150 calendar 
days after the compliance dates specified in Sec. 63.100 of subpart F 
of this part.
    (1) The notification shall include the results of any emission 
point group determinations, performance tests, inspections, continuous 
monitoring system performance evaluations, values of monitored 
parameters established during performance tests, and any other 
information used to demonstrate compliance or required to be included 
in the Notification of Compliance Status under Sec. 63.117 for process 
vents, Sec. 63.122 for storage vessels, Sec. 63.129 for transfer 
operations, Sec. 63.146 for process wastewater, and Sec. 63.150 for 
emission points included in an emissions average.
    (i) For performance tests and group determinations that are based 
on measurements, the Notification of Compliance Status shall include 
one complete test report for each test method used for a particular 
kind of emission point. For additional tests performed for the same 
kind of emission point using the same method, the results and any other 
information required in Sec. 63.117 for process vents, Sec. 63.129 for 
transfer, and Sec. 63.146 for process wastewater shall be submitted, 
but a complete test report is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (2) For each monitored parameter for which a range is required to 
be established under Sec. 63.114 for process vents, Sec. 63.120(d) for 
storage, Sec. 63.127 for transfer, Sec. 63.143 for process wastewater, 
Sec. 63.150(m) for emission points in emissions averages, or 
Sec. 63.151(f), or Sec. 63.152(e) of this subpart, the Notification of 
Compliance Status shall include the information in paragraphs 
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section, unless the 
range and the operating day definition have been established in the 
operating permit.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to 
develop the range and a description of why the range indicates proper 
operation of the control device.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured 
during the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering 
assessments and manufacturer's recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The 
definition shall specify the times at which an operating day begins and 
ends.
    (3) For emission points included in an emissions average, the 
Notification of Compliance Status shall include the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.150 (g) and (h), calculated or measured according to the 
procedures in Sec. 63.150 (g) and (h) of this subpart, and the 
resulting calculation of credits and debits for the first quarter of 
the year. The first quarter begins on the compliance date specified in 
Sec. 63.100 of subpart F.
    (4) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.110 of this subpart and if the 
provisions of Sec. 63.110 of this subpart allow the owner or operator 
to choose which testing, monitoring, reporting, and recordkeeping 
provisions will be followed, then the Notification of Compliance Status 
shall indicate which rule's requirements will be followed for testing, 
monitoring, reporting, and recordkeeping.
    (c) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports.
    (1) Except as specified under paragraphs (c)(5) and (c)(6) of this 
section, a report containing the information in paragraphs (c)(2), 
(c)(3), and (c)(4) of this section shall be submitted semiannually no 
later than 60 calendar days after the end of each 6-month period. The 
first report shall be submitted no later than 8 months after the date 
the Notification of Compliance Status is due and shall cover the 6-
month period beginning on the date the Notification of Compliance 
Status is due.
    (2) For an owner or operator of a source complying with the 
provisions of Secs. 63.113 through 63.147 of this subpart for any 
emission points, Periodic Reports shall include all information 
specified in Secs. 63.117 and 63.118 for process vents, Sec. 63.122 for 
storage vessels, Secs. 63.129 and 63.130 for transfer operations, and 
Sec. 63.146 for process wastewater, including reports of periods when 
monitored parameters are outside their established ranges.
    (i) For each parameter or parameters required to be monitored for a 
control device, the owner or operator shall establish a range of 
parameter values to ensure that the device is being applied, operated 
and maintained properly. As specified in paragraph (b)(2) of this 
section, these parameter values and the definition of an operating day 
shall be approved as part of and incorporated into the source's 
Notification of Compliance Status or operating permit, as appropriate.
    (ii) The parameter monitoring data for Group 1 emission points and 
emission points included in emissions averages that are required to 
perform continuous monitoring shall be used to determine compliance 
with the required operating conditions for the monitored control 
devices. For each excursion, except for excused excursions, the owner 
or operator shall be deemed to have failed to have applied the control 
in a manner that achieves the required operating conditions.
    (A) An excursion means any of the three cases listed in paragraphs 
(c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this 
section. For a control device where multiple parameters are monitored, 
if one or more of the parameters meets the excursion criteria in 
paragraphs (c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3), 
this is considered a single excursion for the control device.
    (1) When the daily average value of one or more monitored 
parameters is outside the permitted range.
    (2) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data for at least 75 percent of the 
operating hours.
    (3) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (4) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (c)(2)(ii)(A)(2) and (c)(2)(ii)(A)(3) of 
this section, if measured values are unavailable for any of the 15-
minute periods within the hour. For data compression systems approved 
under Sec. 63.151(g)(4), monitoring data are insufficient to calculate 
a valid hour of data if there are less than 4 data values recorded 
during the hour.
    (B) The number of excused excursions for each control device for 
each semiannual period is specified in paragraphs (c)(2)(ii)(B)(1) 
through (c)(2)(ii)(B)(6) of this section. This paragraph applies to 
sources required to submit Periodic Reports semiannually or quarterly. 
The first semiannual period is the 6-month period starting the date the 
Notification of Compliance Status is due.
    (1) For the first semiannual period--six excused excursions.
    (2) For the second semiannual period--five excused excursions.
    (3) For the third semiannual period--four excused excursions.
    (4) For the fourth semiannual period--three excused excursions.
    (5) For the fifth semiannual period--two excused excursions.
    (6) For the sixth and all subsequent semiannual periods--one 
excused excursion.
    (C) If a monitored parameter is outside its established range or 
monitoring data are not collected during start-up, shutdown, or 
malfunction, and the source is operated during such periods in 
accordance with the source's start-up, shutdown, and malfunction plan 
as required by Sec. 63.6(e)(3) of subpart A, then the monitoring 
parameter excursion does not count toward the number of excused 
excursions for determining compliance and is not a violation.
    (D) Nothing in paragraph (c)(2)(ii) of this section shall be 
construed to allow or excuse a monitoring parameter excursion caused by 
any activity that violates other applicable provisions of subparts A, 
F, or G of this part.
    (E) Paragraph (c)(2)(ii) of this section shall apply only to 
emission points and control devices for which continuous monitoring is 
required by Secs. 63.113 through 63.150 of this subpart.
    (iii) Periodic Reports shall include the daily average values of 
monitored parameters for both excused and unexcused excursions, as 
defined in paragraph (c)(2)(ii)(A) of this section. For excursions 
caused by lack of monitoring data, the duration of periods when 
monitoring data were not collected shall be specified.
    (3) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (i) One complete test report shall be submitted for each test 
method used for a particular kind of emission point tested. A complete 
test report shall contain the information specified in paragraph 
(b)(1)(ii) of this section.
    (ii) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
in Sec. 63.117 for process vents, Sec. 63.129 for transfer, and 
Sec. 63.146 for process wastewater shall be submitted, but a complete 
test report is not required.
    (4) Periodic Reports shall include the information in paragraphs 
(c)(4)(i) through (c)(4)(iv) of this section, as applicable:
    (i) For process vents, reports of process changes as required under 
Sec. 63.118 (g), (h), (i), and (j) of this subpart,
    (ii) Any supplements to the Implementation Plan required under 
Sec. 63.151 (i) and (j) of this subpart,
    (iii) Notification if any Group 2 emission point becomes a Group 1 
emission point, including a compliance schedule as required in 
Sec. 63.100 of subpart F,
    (5) The owner or operator of a source shall submit quarterly 
reports for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status no later than 5 
months after the compliance date specified in Sec. 63.100 of subpart F.
    (ii) The quarterly reports shall include the information specified 
in this paragraph for all emission points included in an emissions 
average.
    (A) The credits and debits calculated each month during the 
quarter;
    (B) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as 
required under Sec. 63.150(e)(4) of this subpart.
    (C) The values of any inputs to the credit and debit equations in 
Sec. 63.150 (g) and (h) of this subpart that change from month to month 
during the quarter or that have changed since the previous quarter;
    (D) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (c)(3) of 
this section;
    (E) Reports of daily average values of monitored parameters for 
both excused and unexcused excursions as defined in paragraph 
(c)(2)(ii)(A) of this section. For excursions caused by lack of 
monitoring data, the duration of periods when monitoring data were not 
collected shall be specified.
    (F) Any other information the source is required to report under 
the operating permit or Implementation Plan for the source.
    (iii) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section 
shall govern the use of monitoring data to determine compliance for 
Group 1 and Group 2 points included in emissions averages.
    (iv) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal 
to annual debits as required by Sec. 63.150(e)(3) of this subpart; and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.150 of this subpart.
    (6) The owner or operator of a source shall submit reports 
quarterly for particular emission points not included in an emissions 
average under the circumstances described in paragraphs (c)(6)(i) 
through (c)(6)(v) of this section.
    (i) The owner or operator of a source subject to this subpart shall 
submit quarterly reports for a period of one year for an emission point 
that is not included in an emissions average if:
    (A) The emission point has more excursions, as defined in paragraph 
(c)(2)(ii) of this section, than the number of excused excursions 
allowed under paragraph (c)(2)(ii)(B) of this section for a semiannual 
reporting period; and
    (B) The Administrator requests the owner or operator to submit 
quarterly reports for the emission point.
    (ii) The quarterly reports shall include all information in 
paragraphs (c)(2), (c)(3), and (c)(4) of this section applicable to the 
emission point(s) for which quarterly reporting is required under 
paragraph (c)(6)(i) of this section. Information applicable to other 
emission points within the source shall be submitted in the semiannual 
reports required under paragraph (c)(1) of this section.
    (iii) Quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter.
    (iv) After quarterly reports have been submitted for an emission 
point for one year, the owner or operator may return to semiannual 
reporting for the emission point unless the Administrator requests the 
owner or operator to continue to submit quarterly reports.
    (v) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall 
govern the use of monitoring data to determine compliance for Group 1 
emission points.
    (d) Other reports shall be submitted as specified in subpart A of 
this part or in Secs. 63.113 through 63.151 of this subpart. These 
reports are:
    (1) Reports of start-up, shutdown, and malfunction required by 
Sec. 63.10(d)(5) of subpart A. The semi-annual start-up, shutdown and 
malfunction reports may be submitted on the same schedule as the 
Periodic Reports required under paragraph (c) of this section instead 
of the schedule specified in Sec. 63.10(d)(5)(i) of subpart A.
    (2) For storage vessels, the notifications of inspections required 
by Sec. 63.122 (h)(1) and (h)(2) of this subpart.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec. 63.150(i) of this 
subpart.
    (e) An owner or operator who submits an operating permit 
application instead of an Implementation Plan shall submit the 
following information with the operating permit application:
    (1) The information specified in Sec. 63.151 (f) or (g) of this 
subpart for any emission points for which the owner or operator 
requests approval to monitor a unique parameter or use an alternative 
monitoring and recording system, and
    (2) The information specified in Sec. 63.151(d) of this subpart for 
points included in an emissions average.
    (3) The information specified in Sec. 63.151(e) of this subpart for 
points not included in an emissions average.
    (4) The information specified in Sec. 63.151(h) as applicable.
    (f) Owners or operators required to keep continuous records by 
Secs. 63.118, 63.130, 63.147, 63.150, or other sections of this subpart 
shall keep records as specified in paragraphs (f)(1) through (f)(7) of 
this section, unless an alternative recordkeeping system has been 
requested and approved under Sec. 63.151 (f) or (g) or Sec. 63.152(e) 
of this subpart or under Sec. 63.8(f) of subpart A of this part.
    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either:
    (i) Each measured data value; or
    (ii) Block average values for 15-minute or shorter periods 
calculated from all measured data values during each period.
    (3) If the daily average value of a monitored parameter for a given 
operating day is within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator shall 
either:
    (i) Retain block hourly average values for that operating day for 5 
years and discard, at or after the end of that operating day, the 15-
minute or more frequent average values and readings recorded under 
paragraph (f)(2) of this section; or
    (ii) Retain the data recorded in paragraph (f)(2) of this section 
for 5 years.
    (4) If the daily average value of a monitored parameter for a given 
operating day is outside the range established in the Notification of 
Compliance Status or operating permit, the owner or operator shall 
retain the data recorded that operating day under paragraph (f)(2) of 
this section for 5 years.
    (5) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day, and retained for 5 years, 
except as specified in paragraph (f)(6) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous.
    (ii) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status. It may be from 
midnight to midnight or another daily period.
    (6) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range and retain this record for 5 
years rather than calculating and recording a daily average for that 
operating day. For these operating days, the records required in 
paragraph (f)(3) of this section shall also be retained for 5 years.
    (7) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under 
this subpart. Records shall be kept of the times and durations of all 
such periods and any other periods during process or control device 
operation when monitors are not operating.

Appendix to Subpart G--Tables and Figures

         Table 1.--Process Vents--Coefficients for Total Resource Effectiveness for Existing Source Nonhalogenated and Halogenated Vent Streams         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Values of Coefficients                          
    Type of Stream                      Control Device Basis                  --------------------------------------------------------------------------
                                                                                  a               b                     c                     d         
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonhalogenated.......  Flare.................................................    1.935  3.660 x 10-1          -7.687 x 10-3         -7.333 x 10-4       
                       Thermal Incinerator 0 Percent Heat Recovery...........    1.492  6.267 x 10-2          3.177 x 10-2          -1.159 x 10-3       
                       Thermal Incinerator 70 Percent Heat Recovery..........    2.519  1.183 x 10-2          1.300 x 10-2          4.790 x 10-2        
Halogenated..........  Thermal Incinerator and Scrubber......................    3.995  5.200 x 10-2          -1.769 x 10-3         9.700 x 10-4        
--------------------------------------------------------------------------------------------------------------------------------------------------------



            Table 2.--Process Vents--Coefficients for Total Resource Effectiveness for New Source Nonhalogenated and Halogenated Vent Streams           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Values of Coefficients                         
    Type of stream                      Control device basis                  --------------------------------------------------------------------------
                                                                                  a              b                     c                     d          
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonhalogenated.......  Flare.................................................   0.5276  0.0998                -2.096 x 10-3         -2.000 x 10-4       
                       Thermal Incinerator 0 Percent Heat Recovery...........   0.4068  0.0171                8.664 x 10-3          -3.162 x 10-4       
                       Thermal Incinerator 70 Percent Heat Recovery..........   0.6868  3.209 x 10-3          3.546 x 10-3          1.306 x 10-2        
Halogenated..........  Thermal Incinerator and Scrubber......................   1.0895  1.417 x 10-2          -4.822 x 10-4         2.645 x 10-4        
--------------------------------------------------------------------------------------------------------------------------------------------------------



    Table 3.--Process Vents--Monitoring, Recordkeeping, and Reporting   
  Requirements for Complying With 98 Weight-Percent Reduction of Total  
   Organic HAP Emissions or a Limit of 20 Parts per Million by Volume   
------------------------------------------------------------------------
                                           Recordkeeping and reporting  
  Control device     Parameters to be      requirements for monitored   
                        monitoreda                 parameters           
------------------------------------------------------------------------
Thermal             Firebox             1. Continuous recordsc.         
 Incinerator.        temperatureb       2. Record and report the firebox
                     [63.114(a)(1)(i)].  temperature averaged over the  
                                         full period of the performance 
                                         test NCSd.                     
                                        3. Record the daily average     
                                         firebox temperature for each   
                                         operating daye.                
                                        4. Report all daily average     
                                         temperatures that are outside  
                                         the range established in the   
                                         NCS or operating permit and all
                                         operating days when            
                                         insufficient monitoring data   
                                         are collectedf--PRg.           
Catalytic           Temperature         1. Continuous records           
 Incinerator.        upstream and       2. Record and report the        
                     downstream of the   upstream and downstream        
                     catalyst bed        temperatures and the           
                     [63.114(a)(1)(ii)   temperature difference across  
                     ].                  the catalyst bed averaged over 
                                         the full period of the         
                                         performance test--NCS.         
                                        3. Record the daily average     
                                         upstream temperature and       
                                         temperature difference across  
                                         catalyst bed for each operating
                                         daye.                          
                                        4. Report all daily average     
                                         upstream temperatures that are 
                                         outside the range established  
                                         in the NCS or operating permit--
                                         PR.                            
                                        5. Report all daily average     
                                         temperature differences across 
                                         the catalyst bed that are      
                                         outside the range established  
                                         in the NCS or operating permit--
                                         PR.                            
                                        6. Report all operating days    
                                         when insufficient monitoring   
                                         data are collectedf.           
Boiler or Process   Firebox             1. Continuous records.          
 Heater with a       temperatureb.      2. Record and report the firebox
 design heat input   [63.114(a)(3)].     temperature averaged over the  
 capacity less                           full period of the performance 
 than 44 megawatts                       test--NCS                      
 and Vent Stream                        3. Record the daily average     
 is not introduced                       firebox temperature for each   
 with or as the                          operating daye.                
 primary fuel.                          4. Report all daily average     
                                         firebox temperatures that are  
                                         outside the range established  
                                         in the NCS or operating permit 
                                         and all operating days when    
                                         insufficient monitoring data   
                                         are collectedf--PR.            
                                                                        
Flare.............  Presence of a       1. Hourly records of whether the
                     flame at the        monitor was continuously       
                     pilot light         operating and whether the pilot
                     [63.114(a)(2)].     flame was continuously present 
                                         during each hour.              
                                        2. Record and report the        
                                         presence of a flame at the     
                                         pilot light over the full      
                                         period of the compliance       
                                         determination--NCS.            
                                        3. Record the times and         
                                         durations of all periods when a
                                         pilot flame is absent or the   
                                         monitor is not operating.      
                                        4. Report the times and         
                                         durations of all periods when  
                                         all pilot flames of a flare are
                                         absent--PR                     
Scrubber for        pH of scrubber      1. Continuous records.          
 Halogenated Vent    effluent           2. Record and report the pH of  
 Streams (Note:      [63.114(a)(4)(i)]   the scrubber effluent averaged 
 Controlled by a     , and.              over the full period of the    
 combustion device                       performance test--NCS.         
 other than a                           3. Record the daily average pH  
 flare).                                 of the scrubber effluent for   
                                         each operating daye.           
                                        4. Report all daily average pH  
                                         values of the scrubber effluent
                                         that are outside the range     
                                         established in the NCS or      
                                         operating permit and all       
                                         operating days when            
                                         insufficient monitoring data   
                                         are collectedf--PR.            
Scrubber for        Scrubber liquid     1. Continuous records.          
 Halogenated Vent    and gas flow       2. Record and report the        
 Streams (Note:      rates               scrubber liquid/gas ratio      
 Controlled by a     [63.114(a)(4)(ii)   averaged over the full period  
 combustion device   ].                  of the performance test--NCS.  
 other than a                           3. Record the daily average     
 flare)                                  scrubber liquid/gas ratio for  
 (Continued).                            each operating daye.           
                                        4. Report all daily average     
                                         scrubber liquid/gas ratios that
                                         are outside the range          
                                         established in the NCS or      
                                         operating permit and all       
                                         operating days when            
                                         insufficient monitoring data   
                                         are collectedf--PR.            
                                        ................................
                                                                        
All Control         Presence of flow    1. Hourly records of whether the
 Devices.            diverted to the     flow indicator was operating   
                     atmosphere from     and whether flow was detected  
                     the control         at any time during each hour.  
                     device             2. Record and report the times  
                     [63.114(d)(1)] or.  and durations of all periods   
                                         when the vent stream is        
                                         diverted through a bypass line 
                                         or the monitor is not          
                                         operating--PR.                 
                    Monthly             1. Records that monthly         
                     inspections of      inspections were performed.    
                     sealed valves      2. Record and report all monthly
                     [63.114(d)(2)].     inspections that show the      
                                         valves are not closed or the   
                                         seal has been changed--PR.     
------------------------------------------------------------------------
aRegulatory citations are listed in brackets.                           
bMonitor may be installed in the firebox or in the ductwork immediately 
  downstream of the firebox before any substantial heat exchange isP    
  encountered.                                                          
c``Continuous records'' is defined in Sec. 63.111 of this subpart.      
dNCS=Notification of Compliance Status described in Sec. 63.152 of this 
  subpart.                                                              
eThe daily average is the average of all recorded parameter values for  
  the operating day. If all recorded values during an operating day are 
  within the range established in the NCS or operating permit, a        
  statement to this effect can be recorded instead of the daily average.
                                                                        
fThe periodic reports shall include the duration of periods when        
  monitoring data is not collected for each excursion as defined in Sec.
  63.152(c)(2)(ii)(A) of this subpart.                                  
gPR=Periodic Reports described in Sec. 63.152 of this subpart.          


   Table 4.--Process Vents--Monitoring, Recordkeeping, and Reporting Requirements for Maintaining aP TRE Index  
                                         Value >1.0 and 4.0                                          
----------------------------------------------------------------------------------------------------------------
                                                                        Recordkeeping and reporting requirements
  Final recovery device            Parameters to be monitoreda                  for monitored parameters        
----------------------------------------------------------------------------------------------------------------
Absorberb.................  Exit temperature of the absorbing liquid   1. Continuous records.c                  
                             [63.114(b)(1)], and.                      2. Record and report the exit temperature
                                                                        of the absorbing liquid averaged over   
                                                                        the full period of the TREP             
                                                                        determination--NCS.d                    
                                                                       3. Record the daily average exit         
                                                                        temperature of the absorbing liquid for 
                                                                        each operating day.e                    
                                                                       4. Report all the daily average exit     
                                                                        temperatures of the absorbing liquid    
                                                                        that are outside the range established  
                                                                        in the NCS or operating permit--PR.f    
                            Exit specific gravity [63.114(b)(1)].....  1. Continuous records.                   
                                                                       2. Record and report the exit specific   
                                                                        gravity averaged over the full period of
                                                                        the TRE determination--NCS.             
                                                                       3. Record the daily average exit specific
                                                                        gravity for each operating day.e        
                                                                       4. Report all daily average exit specific
                                                                        gravity values that are outside the     
                                                                        range established in the NCS or         
                                                                        operating permit--PR.                   
Condenserd................  Exit (product side) temperature            1. Continuous records.                   
                             [63.114(b)(2)].                           2. Record and report the exit temperature
                                                                        averaged over the full period of the TRE
                                                                        determination--NCS.                     
                                                                       3. Record the daily average exit         
                                                                        temperature for each operating day.e    
                                                                       4. Report all daily average exit         
                                                                        temperatures that are outside the range 
                                                                        established in the NCS or operating     
                                                                        permit--PR.                             
Carbon Adsorberd..........  Total regeneration stream mass flow        1. Record of total regeneration stream   
                             during carbon bed regeneration cycle(s)    mass flow for each carbon bed           
                             [63.114(b)(3)], and                        regeneration cycle.                     
                                                                       2. Record and report the total           
                                                                        regeneration stream mass flow during    
                                                                        each carbon bed regeneration cycle      
                                                                        during the period of the TRE            
                                                                        determination--NCS.                     
                                                                       3. Report all carbon bed regeneration    
                                                                        cycles when the total regeneration      
                                                                        stream mass flow is outside the range   
                                                                        established in the NCS or operating     
                                                                        permit--PR.                             
                            Temperature of the carbon bed after        1. Records of the temperature of the     
                             regeneration [and within 15 minutes of     carbon bed after each regeneration.     
                             completing any cooling cycle(s)]          2. Record and report the temperature of  
                             [63.114(b)(3)].                            the carbon bed after each regeneration  
                                                                        during the period of the TRE            
                                                                        determination--NCS.                     
                                                                       3. Report all carbon bed regeneration    
                                                                        cycles during which temperature of the  
                                                                        carbon bed after regeneration is outside
                                                                        the range established in the NCS or     
                                                                        operating permit--PR.                   
All Recovery Devices (as    Concentration level or reading indicated   1. Continuous records.                   
 an alternative to the       by an organic monitoring device at the    2. Record and report the concentration   
 above)..                    outlet of the recovery device.             level or reading averaged over the full 
                                                                        period of the TRE determination--NCS.   
                                                                       3. Record the daily average concentration
                                                                        level or reading for each operating     
                                                                        day.e                                   
                                                                       4. Report all daily average concentration
                                                                        levels or readings that are outside the 
                                                                        range established in the NCS or         
                                                                        operating permit--PR.                   
----------------------------------------------------------------------------------------------------------------
aRegulatory citations are listed in brackets.                                                                   
bAlternatively, these devices may comply with the organic monitoring device provisions listed at the end of this
  table under ``All Recovery Devices.''                                                                         
c``Continuous records'' is defined in Sec. 63.111 of this subpart.                                              
dNCS=Notification of Compliance Status described in Sec. 63.152 of this subpart.                                
eThe daily average is the average of all values recorded during the operating day. If all recorded values during
  an operating day are within the range established in the NCS or operating permit, a statement to this effect  
  can be recorded instead of the daily average.                                                                 
fPR=Periodic Reports described in Sec. 63.152 of this subpart.                                                  


                                                               Table 5.--Group 1 Storage Vessels at Existing Sources                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Vapor pressurea                                                                                                                    
      Vessel capacity (cubic meters)              (kilopascals)                                                                                                                     
--------------------------------------------------------------------                                                                                                                
75capacity<151..................  Reserved.                                                                                                                              
151capacity.....................  5.2                                                                                                                         
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
aMaximum true vapor pressure of total organic HAP at storage temperature.                                                                                                           


                                                                                                    Table 6.--Group 1 Storage Vessels at New Sources                                                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Vapor pressurea                                                                                                                                                                                        
      Vessel capacity (cubic meters)              (kilopascals)                                                                                                                                                                                         
--------------------------------------------------------------------                                                                                                                                                                                    
38capacity<151..................  13.1                                                                                                                                                                                                       
151capacity.....................  0.7                                                                                                                                                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
aMaximum true vapor pressure of total organic HAP at storage temperature.                                                                                                                                                                               


 Table 7.--Transfer Operations--Monitoring, Recordkeeping, and Reporting
  Requirements for Complying With 98 Weight-Percent Reduction of Total  
   Organic HAP Emissions or a Limit of 20 Parts per Million by Volume   
------------------------------------------------------------------------
                                           Recordkeeping and reporting  
  Control device     Parameters to be      requirements for monitored   
                        monitoreda                 parameters           
------------------------------------------------------------------------
Thermal             Firebox             1. Continuous recordsc during