[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Proposed Rules]
[Pages 52889-52890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25182]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60

[AD-FRL-5308-9]


Standards of Performance for New Stationary Sources: Volatile 
Organic Compound Emissions From the Synthetic Organic Chemical 
Manufacturing Industry Wastewater

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice to proposed rule.

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SUMMARY: Today's proposal clarifies the application of the proposed new 
source performance standards (NSPS) for volatile organic compound (VOC) 
emissions from the synthetic organic chemical manufacturing industry 
(SOCMI) wastewater sources to modifications of existing SOCMI process 
units. The SOCMI wastewater NSPS were proposed on September 12, 1994 
(59 FR 46780) under authority of Section 111 of the Clean Air Act, 
based on the Administrator's determination that VOC emissions from 
SOCMI wastewater operations cause, or contribute significantly to, air 
pollution that may reasonably be anticipated to endanger public health 
or welfare.

DATES: Comments on today's proposal must be received on or before 
November 13, 1995.

ADDRESSES: Interested parties may submit written comments regarding the 
amendments to the proposed rule (in duplicate if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention, Docket No. 
A-94-32, U. S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460. The EPA requests that a separate copy also be 
sent to Robert Lucas at the address listed below.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Lucas at telephone (919) 
541-0884, Emission Standards Division (MD-13), Office of Air Quality 
Planning and Standards, U. S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: The amendments to the proposed regulatory 
text are not included in this Federal Register document, but are 
available in Docket No. A-94-32 or by request from the Air Docket (see 
Addresses). This notice, the proposed regulatory text, the amendments 
to the proposed rule, and background information document are also 
available on the Technology Transfer Network (TTN), one of the EPA's 
electronic bulletin boards developed and operated by the Office of Air 
Quality Planning and Standards. The TTN provides information and 
technology exchange in various areas of air pollution control. The 
service is free, except for the cost of a phone call. Dial (919) 541-
5742 for up to a 14,400 bits per second (bps) modem. If more 
information on the TTN is needed, call the HELP line at (919) 541-5384.

I. Background

    On September 12, 1994, the EPA proposed standards to limit VOC 
emissions from SOCMI wastewater. The proposed standards would regulate 
VOC emissions from wastewater generated by SOCMI process units and are 
limited to emission points in the associated process unit's wastewater 
collection and treatment system. The standards would require all new, 
modified, and reconstructed SOCMI process units to control wastewater 
emissions to the level achievable by the best demonstrated system of 
continuous emission reduction, considering costs, nonair quality 
health, and environmental and energy impacts. In addition to requiring 
end-of-pipe and add-on controls, the standards would also control VOC 
wastewater emissions by eliminating or reducing the formation of these 
pollutants.
    Today's proposal clarifies how the SOCMI wastewater NSPS applies to 
modifications of existing SOCMI process units in response to concerns 
raised by representatives of the chemical manufacturing industry. The 
EPA is addressing some of the industry's concerns at this time, because 
modifications of SOCMI process units that generate wastewater that were 
modified after September 12, 1994, will be subject to the final NSPS. 
Additional issues raised by comments to the September 12, 1994 proposed 
rule will be addressed at the time that the final rule is promulgated.

II. Modification of Existing Process Units

a. Increased Emissions From Non-Wastewater Sources

    Today's proposal clarifies that physical and operational changes to 
SOCMI process units that result in increased emissions from non-
wastewater sources do not subject a process unit to the SOCMI 
wastewater NSPS. Under the existing regulatory framework any physical 
or operational change to a SOCMI process unit that results in an 
increase in emissions from any emission source within a process unit--
irrespective of whether the increased emissions are from wastewater 
sources--could be considered to be a modification within the meaning of 
section 111 of the Act, 42 U.S.C. Sec. 7411.1 Accordingly, a 
physical or operational change to a SOCMI process unit that results in 
increased emissions from sources other than wastewater would subject an 
existing SOCMI process unit (that was 

[[Page 52890]]
modified after the SOCMI wastewater NSPS was proposed) to the 
NSPS.2

    \1\The NSPS general provisions that address modifications 
provide that ``. . . any physical or operational change to an 
existing facility which results in an increase in the emission rate 
to the atmosphere of any pollutant to which a standard applies shall 
be considered a modification within the meaning of section 111 of 
the Act. Upon modification, an existing facility shall become an 
affected facility for each pollutant to which a standard applies and 
for which there is an increase in the emission rate to the 
atmosphere.'' (emphasis added)(40 CFR Sec. 60.14(a))
    \2\Section 60.770 of the proposed SOCMI wastewater NSPS (59 FR 
46780, September 12, 1994) defines an ``affected facility'' that 
must comply with the NSPS to be ``. . . a process unit that 
generates a wastewater and produces one or more of the chemicals 
listed in Sec. 60.788 of this subpart as a product, co-product, by-
product, or intermediate for which construction, modification, or 
reconstruction of the process unit commenced after September 12, 
1994.''
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    Today's proposal, therefore, adds section 60.787(a) to the SOCMI 
wastewater NSPS to make it clear that the rule applies only to 
emissions from wastewater sources, not to emissions from other, non-
wastewater sources. The new provision provides that to be considered a 
modification within the meaning of section 111 of the Act the increase 
of emissions to the atmosphere brought about by any physical or 
operational change to an existing facility (i.e., process unit) must be 
an increase in emissions from wastewater generated by the process unit. 
Physical and operational changes that result in an increase in 
emissions from other emissions sources within the process unit such as 
process vents or equipment leaks not related to the collection and/or 
treatment of wastewater will not be considered a modification under the 
provisions of the SOCMI wastewater NSPS.
    Section 60.787 is amended by revising the section title to 
``Modification and Reconstruction'', adding a new paragraph (a), and 
reformatting the original paragraph (a) to now be paragraph (b).
    The new Sec. 60.787(a) states that ``For the purposes of this 
subpart, any physical or operational change to an existing process unit 
that results in an increase in the emission rate to the atmosphere of 
VOC shall be considered a modification within the meaning of section 
111 of the Act, 42 U.S.C. Sec. 7411, to the extent that an increase in 
emissions is from wastewater generated by the process unit. Physical 
and operational changes that result in an increase in emissions from 
other emission sources within the process unit, such as process vents 
or equipment leaks, not associated with or related to the collection, 
storage, and/or treatment of wastewater shall not be considered a 
modification under this subpart. [Note: Sources of VOC emissions 
associated with wastewater collection, storage, and treatment systems 
include but are not limited to individual drain systems, manholes, 
junction boxes, lift stations, trenches, sumps, weirs, oil-water 
separators, equalization or neutralization basins, clarifiers, aeration 
basins, storage and treatment tanks, surface impoundments, and 
containers.]''

b. Compliance Schedule

    Today's proposal would also allow the owner or operator of a SOCMI 
process unit more time to comply with the SOCMI wastewater NSPS, if the 
modification of a process unit requires major capital improvements to 
the wastewater collection and treatment system. The NSPS general 
provisions at 40 CFR 60.14(g) require that modified sources comply with 
the NSPS within 180 days of completion of the physical or operational 
change that results in increased emissions. Compliance with the 
proposed standards for wastewater equipment and control devices, 
however, will in some cases require large capital projects, such as the 
excavation of underground sewer pipes, that may take longer than 180 
days to complete.
    Today's proposal, therefore, adds section 60.770(e) to the SOCMI 
wastewater NSPS to allow up to three years, if warranted, to complete 
capital improvements to wastewater collection and treatment systems 
necessary to comply with the SOCMI wastewater NSPS as a result of the 
modification of a process unit. To obtain an extension to the 180 day 
compliance deadline in 40 CFR Sec. 60.14(g), the owner or operator of 
an affected facility would be required to submit a compliance schedule 
and a justification for the schedule to the Administrator for approval. 
Today's proposal also adds section 60.770(d) to clarify that extensions 
of time to comply with the NSPS would be limited to situations 
involving the modification of a process unit; affected facilities for 
which construction or reconstruction is commenced after September 12, 
1994 would continue to be required to be in compliance with the NSPS 
upon the initial start-up of the affected facility.
    Section 60.770 is amended by revising the section title to 
``Applicability, designation of affected facility, and compliance 
schedule,'' and by adding new paragraphs (d) and (e).
    The new Sec. 60.770(d) states that ``the owner or operator of an 
affected facility for which construction or reconstruction is commenced 
after September 12, 1994 (the proposal date), shall be in compliance 
with the provisions of this subpart upon initial start-up of the 
affected facility.''
    The new Sec. 60.770(e) requires that ``the owner or operator of an 
existing facility that becomes an affected facility under this subpart 
as a result of a modification, within the meaning of section 111 of the 
Clean Air Act, 42 U.S.C. Sec. 7411, and as specified in Sec. 60.787(a) 
of this subpart, shall be in compliance with applicable requirements of 
this subpart within 180 days of the completion of any physical or 
operational change as provided in Sec. 60.14(g) of this part, unless 
the Administrator approves, upon the submission of a compliance 
schedule and a justification for the schedule, additional time up to a 
maximum of three years from the completion of the physical or 
operational change to comply with the applicable requirements of this 
subpart.''

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Statutory Authority: The statutory authority for this proposed 
amendment is provided by sections 101, 111, 114, 116, and 301 of the 
Clean Air Act, as amended; 42. U.S.C., 7401, 7411, 7414, and 7601.

    Dated: September 25, 1995.
Richard Wilson,
Acting Assistant Administrator.
[FR Doc. 95-25182 Filed 10-10-95; 8:45 am]
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