[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23113]


[[Page Unknown]]

[Federal Register: September 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5073-9]

 

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; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: This action corrects errors and clarifies regulatory text of 
the ``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,'' which was issued as a 
final rule on April 22, 1994 and June 6, 1994. This rule is commonly 
known as the Hazardous Organic NESHAP or the HON.

EFFECTIVE DATE: September 20, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Standards 
Development Branch, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5254.

SUPPLEMENTARY INFORMATION: On April 22, 1994 (59 FR 19402), and June 6, 
1994 (59 FR 29196), the Environmental Protection Agency (EPA) 
promulgated in the Federal Register national emission standards for 
hazardous air pollutants (NESHAP) for the synthetic organic chemical 
manufacturing industry, and for several other processes subject to the 
equipment leaks portion of the rule. These regulations were promulgated 
as subparts F, G, H, and I in 40 CFR part 63, and are commonly referred 
to as the hazardous organic NESHAP, or the HON. This document contains 
corrections to typographical and cross-referencing errors in subparts 
F, H, and I of the final regulations. A few editorial corrections are 
also being made to clarify the intent of certain provisions in these 
subparts.
    Paragraph (e) of Sec. 63.103 of subpart F is being revised to 
clarify that the source owner or operator is required to only document 
the basis for the determination that the provisions of the HON do not 
apply, and not to keep ongoing records. Tables 1 and 2 of subpart F are 
revised to correct typographical errors in spelling of several chemical 
names or the chemical abstracts services (CAS) numbers. Thiocarbanilide 
is being removed from table 1 of subpart F because this chemical is 
listed elsewhere in table 1 as diphenyl thiourea.
    A few editorial changes are being made to several sections in 
subpart H to clarify the intent of the provisions. Section 63.163(f) is 
being revised to remove a requirement to inspect sealless pumps for 
indications of liquids dripping from the pump seal. Since this 
inspection will not serve the purpose of detecting failures of these 
pumps, the requirement to perform these inspections is being removed. 
The provisions of Sec. 63.180(b)(2) are being clarified by adding a 
sentence explaining that inert gases are not to be considered in 
evaluation of instrument response factor.
    A number of corrections are being made to subpart I to improve 
consistency in terminology and to clarify the provisions. This document 
corrects subpart I to use the term ``pharmaceutical production 
process'' in Sec. 63.190(b)(5) and in the definitions section. The 
definition of ``pharmaceutical production process'' is being clarified 
to reflect the intent of the regulatory negotiation committee. 
Editorial corrections are being made to Sec. 63.190(e) and 
Sec. 63.192(e) to correct a drafting error in usage of the term 
``source.'' Several errors in cross referencing subpart A of part 63 
and other cross referencing errors are being corrected.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and Recordkeeping requirements.

    Dated: September 12, 1994.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, part 
63, subparts F, H, and I of the Code of Federal Regulations are 
corrected as follows:

PART 63--[AMENDED]

    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).

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

    2. Section 63.103 is amended by revising the first sentence of 
paragraph (e) to read as follows:


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

* * * * *
    (e) The basis for the determination that a chemical manufacturing 
unit does not use as a reactant or manufacture as a product any organic 
hazardous air pollutant shall be documented. * * *
* * * * *

Table 1 of Subpart F--[Amended]

    3. Table 1 of subpart F is amended by removing the entry for 
thiocarbanilide and its associated CAS number and group number, and by 
removing the terms ``Butyrolacetone,'' ``Dimethylaniline (N,N)'' and 
``Dodecandedioic acid'', in the first column, and inserting the terms 
``Butyrolactone,'' ``Dimethylaniline (N,N')'' and ``Dodecanedioic 
acid'' in their place, respectively.

Table 2 of Subpart F--[Amended]

    4. Table 2 of subpart F is amended by revising the CAS number of 
hexane to read ``110543.''

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

    5. Section 63.160 is amended by revising paragraph (a) to read as 
follows:


Sec. 63.160  Applicability and designation of source.

    (a) The provisions of this subpart apply to pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, surge control vessels, 
bottoms receivers, instrumentation systems, and control devices or 
systems required by this subpart that are intended to operate in 
organic hazardous air pollutant service 300 hours or more during the 
calendar year within a source subject to the provisions of a specific 
subpart in 40 CFR part 63 that references this subpart.
* * * * *
    6. Section 63.161 is amended by revising the definitions of 
``closed-vent system'' and ``hard-piping'' to read as follows:


Sec. 63.161  Definitions.

* * * * *
    Closed-vent system means a system that is not open to the 
atmosphere and that is composed of hard-piping, ductwork, connections 
and, if necessary, flow-inducing devices that transport gas or vapor 
from a piece or pieces of equipment to a control device or back into a 
process.
* * * *
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards, such as ANSI 
B31-3.
* * * * *
    7. Section 63.162 is amended by revising paragraphs (b)(1) and 
(f)(3) to read as follows:


Sec. 63.162  Standards: General.

* * * * *
    (b)(1) An owner or operator may request a determination of 
alternative means of emission limitation to the requirements of 
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.174 of this 
subpart as provided in Sec. 63.177.
* * * * *
    (f) * * *
    (3) The identification on equipment, except on a valve or 
connector, may be removed after it has been repaired. The 
identification on a valve or connector may be removed after it has been 
monitored as specified in Sec. 63.168(f)(3), Sec. 63.174(e), or 
Sec. 63.175(e)(7)(i)(D), and no leak has been detected during the 
followup monitoring.
    8. Section 63.163 is amended by revising paragraph (f) to read as 
follows:


Sec. 63.163  Standards: Pumps in light liquid service.

* * * * *
    (f) Any pump that is designed with no externally actuated shaft 
penetrating the pump housing is exempt from the requirements of 
paragraphs (a) through (c) of this section.
* * * * *
    9. Section 63.164 is amended by revising paragraph (c) to read as 
follows:


Sec. 63.164  Standards: Compressors.

* * * * *
    (c) The barrier fluid shall not be in light liquid service.
* * * * *
    10. Section 63.165 is amended by redesignating paragraphs (d) and 
(e) as paragraphs (d)(1) and (d)(2), respectively, and revising them to 
read as follows:


Sec. 63.165  Standards: Pressure relief devices in gas/vapor service.

* * * * *
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a rupture disk shall be installed 
upstream of the pressure relief device as soon as practicable, but no 
later than 5 calendar days after each pressure release, except as 
provided in Sec. 63.171 of this subpart.
    11. Section 63.168 is amended by revising paragraph (e)(1) and by 
revising paragraph (h)(2) to read as follows:


Sec. 63.168  Standards: Valves in gas/vapor service and in light liquid 
service.

* * * * *
    (e)(1) Percent leaking valves at a process unit shall be determined 
by the following equation:

%VL=(VL/(VT+VC)) x 100

where:

%VL=Percent leaking valves.
VL=Number of valves found leaking excluding nonrepairables as 
provided in paragraph (e)(3)(i) of this section.
VT=Total valves monitored, in a monitoring period excluding valves 
monitored as required by (f)(3) of this section.
VC=Optional credit for removed valves=0.67  x  net number (i.e., 
total removed-total added) of valves in organic HAP service removed 
from process unit after the date set forth in Sec. 63.100(k) of subpart 
F for existing process units, and after the date of initial start-up 
for new sources. If credits are not taken, then VC=0.
* * * * *
    (h) * * *
    (2) The owner or operator of the valve has a written plan that 
requires monitoring of the valve as frequently as practicable during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable.
* * * * *
    12. Section 63.169 is amended by revising paragraphs (a), (c)(3), 
and (d) to read as follows:


Sec. 63.169  Standards: Pumps, valves, connectors, and agitators in 
heavy liquid service; instrumentation systems; and pressure relief 
devices in liquid service.

    (a) Pumps, valves, connectors, and agitators in heavy liquid 
service, pressure relief devices in light liquid or heavy liquid 
service, and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 63.180(b) of this subpart 
if evidence of a potential leak is found by visual, audible, olfactory, 
or any other detection method. If a potential leak is repaired as 
required in paragraphs (c) and (d) of this section, it is not necessary 
to monitor the system for leaks by the method specified in 
Sec. 63.180(b) of this subpart.
* * * * *
    (c) * * *
    (3) For equipment identified in paragraph (a) of this section that 
is not monitored by the method specified in Sec. 63.180(b) of this 
subpart, repaired shall mean that the visual, audible, olfactory, or 
other indications of a leak have been eliminated; that no bubbles are 
observed at potential leak sites during a leak check using soap 
solution; or that the system will hold a test pressure.
    (d) First attempts at repair include, but are not limited to, the 
practices described under Secs. 63.163(c)(2) and 63.168(g) of this 
subpart, for pumps and valves, respectively.
    13. Section 63.171 is amended by revising paragraph (e) to read as 
follows:


Sec. 63.171  Standards: Delay of repair.

* * * * *
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    14. Section 63.172 is amended by revising paragraphs (b) and (k)(2) 
to read as follows:


Sec. 63.172  Standards: Closed-vent systems and control devices.

* * * * *
    (b) Vapor recovery systems (e.g., condensers and adsorbers) shall 
be designed and operated to recover the organic HAP emissions or VOC 
emissions vented to them with an efficiency of 95 percent or greater.
* * * * *
    (k) * * *
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times, but not more frequently than annually.
* * * * *
    15. Section 63.174 is amended by revising paragraphs (b)(1), 
(b)(2), (b)(3)(i); the first sentence of (b)(3)(ii); paragraph (f)(2); 
and the first sentence of paragraph (h)(1) introductory text to read as 
follows:


Sec. 63.174  Standards: Connectors in gas/vapor service and in light 
liquid service.

* * * * *
    (b) * * *
    (1) For each group of existing process units within an existing 
source, by no later than 12 months after the compliance date, the owner 
or operator shall monitor all connectors, except as provided in 
paragraphs (f) through (h) of this section.
    (2) For new sources, within the first 12 months after initial 
start-up or by no later than 12 months after the date of promulgation 
of a specific subpart that references this subpart, whichever is later, 
the owner or operator shall monitor all connectors, except as provided 
in paragraphs (f) through (h) of this section.
    (3) * * *
    (i) Once per year (i.e., 12-month period), if the percent leaking 
connectors in the process unit was 0.5 percent or greater during the 
last required annual or biennial monitoring period.
    (ii) Once every 2 years, if the percent leaking connectors was less 
than 0.5 percent during the last required monitoring period. * * *
* * * * *
    (f) * * *
    (2) The owner or operator has a written plan that requires 
monitoring of the connector as frequently as practicable during safe to 
monitor periods, but not more frequently than the periodic schedule 
otherwise applicable.
* * * * *
    (h)(1) Any connector that is inaccessible or is glass or glass-
lined, is exempt from the monitoring requirements of paragraphs (a) and 
(c) of this section and from the recordkeeping and reporting 
requirements of Sec. 63.181 and Sec. 63.182 of this subpart. * * *
* * * * *
    16. Section 63.180 is amended by adding two sentences to the end of 
paragraph (b)(2) and by revising paragraph (c) introductory text to 
read as follows:


Sec. 63.180  Test methods and procedures.

* * * * *
    (b) * * *
    (2) * * *. For process streams that contain nitrogen, water, air, 
or other inerts which are not organic HAP's or VOC's, the average 
stream response factor may be calculated on an inert-free basis. The 
response factor may be determined at any concentration for which 
monitoring for leaks will be conducted.
* * * * *
    (c) When equipment is monitored for compliance as required in 
Secs. 63.164(i), 63.165(a), and 63.172(f) of this subpart or when 
equipment subject to a leak definition of 500 ppm is monitored for 
leaks, the monitoring shall comply with the following requirements:
* * * * *
    17. Section 63.181 is amended by adding a sentence to the end of 
paragraph (b)(1)(i) and by revising paragraph (d)(5)(i) to read as 
follows:


Sec. 63.181  Recordkeeping requirements.

* * * * *
    (b) * * *
    (1)(i) * * *. With respect to connectors, the list shall be 
complete no later than the completion of the initial survey required by 
Sec. 63.174 (b)(1) or (b)(2) of this subpart.
* * * * *
    (d) * * *
    (5) * * *
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup/shutdown/malfunction 
plan, required by Sec. 63.6(e)(3), for the source or may be part of a 
separate document that is maintained at the plant site. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
* * * * *
    18. Section 63.182 is amended by revising paragraphs (a)(6)(ii), 
(c) introductory text, and (c)(4) to read as follows:


Sec. 63.182  Reporting requirements.

    (a) * * *
    (6) * * *
    (ii) A request for an extension of compliance must include the data 
described in Sec. 63.6(i)(6)(i) of subpart A of this part.
* * * * *
    (c) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status within 90 days after 
the compliance dates specified in the subpart in 40 CFR part 63 that 
references this subpart, except as provided in paragraph (c)(4) of this 
section.
* * * * *
    (4) For existing sources subject to subpart F of this part, the 
Notification of Compliance Status shall be submitted for the group of 
process units with the earliest compliance date specified in 
Sec. 63.100(k) of subpart F of this part, by no later than 90 days 
after the compliance date for that group. The Notification of 
Compliance Status for each subsequent group shall be submitted as part 
of the first periodic report that is due not less than 90 days after 
the compliance date for that group.
* * * * *

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

    19. Section 63.190 is amended by revising paragraphs (b)(5), (c), 
and (e) introductory text; and by removing and reserving paragraph 
(b)(6)(i) to read as follows:


Sec. 63.190  Applicability and designation of source.

* * * * *
    (b) * * *
    (5) Pharmaceutical production processes using carbon tetrachloride 
or methylene chloride (carbon tetrachloride and methylene chloride 
emissions only).
    (6) * * *
    (i) Reserved.
* * * * *
    (c) The owner or operator of a process listed in paragraph (b) of 
this section that does not have the designated organic hazardous air 
pollutants present in the process shall comply only with the 
requirements of Sec. 63.192(k) of this subpart. To comply with this 
subpart, such processes shall not be required to comply with the 
provisions of subpart A of this part.
* * * * *
    (e) The owner or operator of a process subject to this subpart is 
required to comply with the provisions of subpart H of this part on or 
before the dates specified in paragraphs (e)(1) or (e)(2) of this 
section, unless the owner or operator eliminates the use or production 
of all HAP's that cause the process to be subject to this rule no later 
than 18 months after April 22, 1994.
* * * * *
    20. Section 63.191 is amended by revising paragraph (a) and by 
revising the definition of ``Pharmaceutical production'' in paragraph 
(b) to read as follows:


Sec. 63.191  Definitions.

    (a) The following terms as used in subparts I and H of this part 
shall have the meaning given them in subpart A of this part: Act, 
Administrator, approved permit program, commenced, compliance date, 
construction, effective date, EPA, equivalent emission limitation, 
existing source, Federally enforceable, 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) * * *
    Pharmaceutical production process means a process that synthesizes 
pharmaceutical intermediate or final products using carbon 
tetrachloride or methylene chloride as a reactant or process solvent. 
Pharmaceutical production process does not mean process operations 
involving formulation activities such as tablet coating or spray 
coating of drug particles.
* * * * *
    21. Section 63.192 is amended by revising paragraphs (b)(4) through 
(b)(8), (e), (i)(1), (i)(2) and (k) to read as follows:


Sec. 63.192  Standard.

* * * * *
    (b) * * *
    (4) The prohibited activities and circumvention provisions of 
Sec. 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b);
    (5) The construction and reconstruction provisions of Sec. 63.5(a), 
(b)(1), (b)(3), (d) (except the review is limited to the equipment 
subject to the provisions of subpart H), (e), and (f);
    (6) The compliance with standards and maintenance requirements of 
Sec. 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A), 
(i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), 
and (j);
    (7) With respect to flares, the performance testing requirements of 
Sec. 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h);
    (8) The notification requirements of Sec. 63.9 (a)(1), (a)(3), 
(a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified 
in subpart H), (c), (d), and (i);
* * * * *
    (e) If an owner or operator of a process plans to eliminate the use 
or production of all HAP's that cause the process to be subject to the 
provisions of subparts I and H of this part no later than 18 months 
after April 22, 1994, the owner or operator shall submit to the 
Administrator a brief description of the change, identify the HAP's 
eliminated, and the expected date of cessation of operation of the 
current process, by no later than January 23, 1995.
* * * * *
    (i) * * *
    (1) If EPA has approved a State operating permit program under 40 
CFR part 70, the permit shall be obtained from the State authority.
    (2) If the State operating permit program has not been approved, 
the source shall apply to the EPA regional office pursuant to 40 CFR 
part 71.
* * * * *
    (k) The basis for the determination that a process does not use as 
a reactant or manufacture as a product the designated organic hazardous 
air pollutant shall be documented. 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.

[FR Doc. 94-23113 Filed 9-19-94; 8:45 am]
BILLING CODE 6560-50-P