[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Proposed Rules]
[Pages 68406-68428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32237]



[[Page 68405]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Flexible 
Polyurethane Foam Production; Proposed Rule

  Federal Register / Vol. 61, No. 250 / Friday, December 27, 1996 / 
Proposed Rule  

[[Page 68406]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5664-8]
RIN 2060-AE-86


National Emission Standards for Hazardous Air Pollutants for 
Flexible Polyurethane Foam Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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

SUMMARY: This proposed rule would reduce emissions of hazardous air 
pollutants (HAP) from existing and new facilities that manufacture 
flexible polyurethane foam. In the production of flexible polyurethane 
foam a variety of HAP are used as reactants or process solvents. The 
HAP emitted by the facilities covered by this proposed rule include 
methylene chloride, toluene diisocyanate, methyl chloroform, methylene 
diphenyl diisocyanate, propylene oxide, diethanolamine, methyl ethyl 
ketone, methanol, and toluene. Methylene chloride comprises over 98 
percent of the total HAP emissions from this industry. This proposed 
rule is estimated to reduce emissions of these pollutants by over 
12,500 Megagrams per year (Mg/yr), with over 99 percent of this total 
expected to be methylene chloride emission reductions. The emission 
reductions achieved by these standards, when combined with the emission 
reductions achieved by other similar standards, will achieve the 
primary goal of the Clean Air Act, which is to ``enhance the quality of 
the Nation's air resources so as to promote the public health and 
welfare and the productive capacity of its population.''
    This proposed rule implements section 112(d) of the Clean Air Act 
of 1990 (CAAA), which requires the Administrator to regulate emissions 
of HAP listed in section 112(b) of the CAAA. The intent of this rule is 
to protect the public by requiring the maximum degree of reduction in 
emissions of HAP from new and existing major sources, taking into 
consideration the cost of achieving such emission reduction, and any 
nonair quality, health and environmental impacts, and energy 
requirements.

DATES: Comments. Comments must be received on or before February 25, 
1997.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by January 17, 1997, a public hearing will be held on 
January 27, 1997 beginning at 10 a.m. Persons interested in attending 
the hearing should call Ms. Marguerite Thweatt at (919) 541-5607 to 
verify that a hearing will be held.
    Request to Speak at Hearing. Persons wishing to present oral 
testimony must contact the EPA by January 17, 1997 by contacting Ms. 
Marguerite Thweatt, Organic Chemicals Group (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-5607.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air Docket Section (LE-131), Attention: Docket No. A-95-
48, U.S. Environmental Protection Agency, 401 M Street SW., Washington, 
DC 20460. The EPA requests that a separate copy also be sent to the 
contact person listed below. The public hearing, if required, will be 
held at the EPA's Office of Administration Auditorium, Research 
Triangle Park, North Carolina.
    The docket is located at the above address in room M-1500, 
Waterside Mall (ground floor), and may be inspected from 8:00 a.m. to 
5:30 p.m., Monday through Friday; telephone number (202) 260-7548. A 
reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT:
For information concerning this proposed rule, contact Mr. David 
Svendsgaard at (919) 541-2380, Organic Chemicals Group, Emission 
Standards Division (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: 

Regulated Entities

    Entities regulated by this action, upon promulgation, are flexible 
polyurethane foam production facilities. Regulated categories and 
entities include:

------------------------------------------------------------------------
            Category                  Examples of regulated entities    
------------------------------------------------------------------------
Industry........................  Producers of slabstock, molded, and   
                                   rebond flexible polyurethane foam.   
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility is regulated by this proposed action, you should 
carefully examine the applicability criteria in section 63.1290 of the 
proposed rule. If you have questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    In addition to its inclusion in this Federal Register notice, the 
regulatory text is available in Docket No. A-95-48, or from the EPA 
contact person designated in this notice. The proposed regulatory 
language is also available on the Technology Transfer Network (TTN) on 
the EPA's electronic bulletin boards. The TTN provides information and 
technology exchange in various areas of air pollution control. The 
service is free, except for the cost of a telephone call. Dial (919) 
541-5742 for up to a 14,400 bps modem. For further information, contact 
the TTN HELP line at (919) 541-5348, from 1:00 p.m. to 5:00 p.m. Monday 
through Friday, or access the TTN web site at: http://
ttnwww.rtpnc.epa.gov.
    The Basis and Purpose Document which contains the rationale for the 
various components of the standard, is available in the docket and on 
the TTN. This document is entitled Hazardous Air Pollutant Emissions 
from the Production of Flexible Polyurethane Foam--Basis and Purpose 
Document for Proposed Standards, September 1996, and has been assigned 
document number EPA-453/D-96-008a.
    Other materials related to this rulemaking are available for review 
in the docket. Some of the technical memoranda have been compiled into 
a single document, the Supplementary Information Document (SID), to 
allow interested parties more convenient access to the information. The 
SID is available in the docket (Docket No. A-95-48 Category III-B), 
and, in limited supply, from the EPA Library by calling (919) 541-2777. 
The document is entitled Hazardous Air Pollutant Emissions from the 
Production of Flexible Polyurethane Foam--Supplementary Information 
Document for Proposed Standards, October 1996, and has been assigned 
document number EPA-453/D-96-009a.
    A record has been established for this rulemaking under docket 
number A-95-48 (including comments and data submitted electronically as 
described below). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information included as CBI, is available for inspection from 8:00 a.m. 
to 5:30 p.m. Monday-Friday, excluding legal holidays. The public record 
is located in the Air & Radiation Docket & Information Center, Room 
M1500, 401 M Street S.W., Washington, D.C. 20460. Electronic comments 
can be

[[Page 68407]]

sent directly to EPA at: [email protected].
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect 5.1 format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number A-95-48. No Confidential Business Information (CBI) 
should be submitted through e-mail. Electronic comments on this 
proposed rule may be filed online at many Federal Depository Libraries.
    The official record for this rulemaking, as well as the public 
version, as described above, will be kept in paper form. Accordingly, 
the EPA will transfer all comments received into printed, paper form as 
they are received and will place the paper copies in the official 
rulemaking record, which will also include all comments submitted 
directly in writing. The official rulemaking record is the paper record 
maintained at the address in the ADDRESSES section of this document.
    The information presented in this preamble is organized as follows:

I. List of Source Categories
II. A Summary of Considerations Made in Developing This Rule.
III. Authority for National Emission Standards for Hazardous Air 
Pollutants Decision Process
    A. Source of Authority for NESHAP Development
    B. Criteria for Development of NESHAP
IV. Summary of Proposed Standards
    A. Source Categories to be Regulated
    B. Pollutants to be Regulated
    C. Affected Emission Points
    D. Format of the Standards
    E. Proposed Standards
    F. Reporting and Recordkeeping Requirements
V. Request for Comment on Specific Issues
VI. Summary of Environmental, Energy, Cost, and Economic Impacts
    A. Facilities Affected by These NESHAP
    B. Primary Air Impacts
    C. Other Environmental Impacts
    D. Energy Impacts
    E. Cost Impacts
    F. Economic Impacts
VII. Administrative Requirements
    A. Public Hearing
    B. Docket
    C. Executive Order 12866
    D. Enhancing the Intergovernmental Partnership Under Executive 
Order 12875
    E. Paperwork Reduction Act
    F. Regulatory Flexibility Act
    G. Unfunded Mandates Reform Act
    H. Miscellaneous

I. List of Source Categories

    Section 112 of the CAAA requires that the EPA evaluate and control 
emissions of HAP. The control of HAP is achieved through promulgation 
of emission standards under sections 112(d) and 112(f) and work 
practice and equipment standards under section 112(h) for categories of 
sources that emit HAP. On July 16, 1992, the EPA published an initial 
list of major and area source categories to be regulated, as required 
under section 112(c) of the CAAA. Included on that list were major 
sources emitting HAP from the production of flexible polyurethane foam.
    The EPA chose to subcategorize the flexible polyurethane foam 
source category into molded flexible polyurethane foam production, 
slabstock flexible polyurethane foam production, and rebond foam 
production. Subcategorization was necessary to reflect major variations 
in production methods, and/or HAP emissions that affect the 
applicability of controls. All technical analyses were conducted on a 
subcategory basis to determine the appropriate level of the standard. 
In addition, on June 4, 1996 the EPA added to the source category list 
a separate source category for flexible polyurethane foam fabrication 
(61 FR 28197). These operations are occasionally co-located with 
slabstock foam production facilities, but occur other places as well. A 
future standard will address flexible polyurethane foam fabrication 
operations.
    The EPA identified 78 facilities in the U.S. that produce slabstock 
foam. It is believed that this represents the entire slabstock foam 
industry. The identification of the U.S. molded foam facility 
population has been more difficult to estimate. This difficulty is due 
to the many small companies serving specialty markets, the production 
of molded foam at facilities that also produce other molded plastic 
products, and the lack of a trade association for molded foam. The EPA 
identified 46 molded foam facilities in the information gathering phase 
of the project, but industry estimates that there may be several 
hundred molded foam facilities nationwide. The nationwide molded foam 
facility population was estimated to be 228, based primarily on 
information found in suppliers guides. In this notice the EPA is 
requesting comments on this molded foam facility population estimate. 
If commenters dispute this estimate, the EPA would request supporting 
documentation for such an assertion, along with a list of molded foam 
facility names and locations.
    The EPA identified 21 rebond foam production facilities that are 
co-located with slabstock or molded foam production facilities. It is 
estimated that this represents about one-half of the total U.S. rebond 
foam facility population.
    This proposed rule would apply to all major sources that produce 
flexible polyurethane foam. Area sources would not be subject to this 
proposed rule. All of the slabstock foam facilities considered in the 
analysis supporting the proposed rule are believed to be major sources 
according to the CAAA criterion of having the potential to emit 10 tons 
per year of any one HAP or 25 tons per year of any combination of HAP.
    In this proposed rule, an affected source includes all flexible 
polyurethane foam and rebond processes located at a contiguous plant 
site, where a process consists of raw material storage; production 
equipment and piping, ductwork, and other associated equipment; and 
curing and storage areas.

II. A Summary of Considerations Made in Developing This Rule

    The Clean Air Act was created in part ``to protect and enhance the 
quality of the Nation's air resources so as to promote the public 
health and welfare and the productive capacity of its population'' 
(CAAA, section 101(b)(1)). Section 112(d) of the Act establishes a 
control technology-based program to reduce stationary source emissions 
of HAP. The goal of the proposed rule is to apply such control 
technology to reduce emissions and thereby reduce the impacts of HAP 
emitted from stationary sources.
    Available emission data, collected during the development of these 
proposed National Emission Standards for Hazardous Air Pollutants 
(NESHAP), show that the greatest volume of HAP emitted during the 
production of flexible polyurethane foam is the emission of methylene 
chloride. The proposed emission limits are projected to reduce 
methylene chloride emissions by 70 percent. Following is a summary of 
the potential health effects associated with exposure to methylene 
chloride that would be reduced by the standard.
    The acute (short-term) effects of methylene chloride inhalation in 
humans consist mainly of nervous system symptoms such as decreased 
visual and auditory functions. These effects are reversible once 
exposure ceases. Short-term exposure to high concentrations of 
methylene chloride also irritates the nose and throat. The effects of 
chronic (long-term) exposure to methylene chloride involve the central 
nervous system, and include headaches, dizziness, nausea, and memory 
loss. Animal studies indicate

[[Page 68408]]

that inhalation of methylene chloride affects the liver, kidney, and 
cardiovascular system. Developmental or reproductive effects of 
methylene chloride have not been reported in humans, but limited animal 
studies have reported lowered fetal body weights in rats exposed to 
inhalation.
    Human data are considered inadequate to prove cancer caused by 
exposure to methylene chloride; animal studies have shown increases in 
liver and lung cancer and benign mammary gland tumors following the 
inhalation of methylene chloride. Methylene chloride is classified as 
Group B2, probable human carcinogen of relatively low carcinogenic 
potency.
    As noted earlier, there are other HAP emitted by flexible 
polyurethane foam production facilities. While the magnitude of 
emissions of these pollutants is dwarfed by those of methylene 
chloride, it is important to note that the EPA has not undertaken a 
risk assessment of these facilities. Therefore, it is possible that 
other HAP, such as diisocyanates, may also pose risks of concern. The 
seriousness of risks remaining after imposition of the final MACT 
standards will be examined at a later date, as provided for under 
Section 112(f) of the Clean Air Act.
    The Clean Air Act strategy avoids dependence on a detailed and 
comprehensive risk assessment hampered by (but not limited to) the 
following caveats, as a pre-requisite for controlling air toxics: (1) 
some of the HAP emitted from stationary sources are unknown, and (2) 
the EPA has incomplete data about the emissions of many of the HAP with 
which to describe health hazards. In addition, this is not a 
``significant'' rule as defined by Executive Order 12866, and a 
specific benefits analysis is not required. Because of these issues, a 
detailed and intensive risk assessment of potential effects from HAP 
emitted from flexible foam plants is not included in this rulemaking.
    The EPA does recognize that the degree of adverse effects to health 
resulting from the most significant emissions identified can range from 
mild to severe. The extent to which the effects could be experienced is 
dependent upon the ambient concentrations and exposure time. The latter 
is further influenced by source-specific characteristics, such as 
emission rates and local meteorological conditions. Human variability 
factors also influence the degree to which effects to health occur: 
genetics, age, pre-existing health conditions, and lifestyle.
    The alternatives considered in the development of this regulation, 
including those alternatives selected as standards for new and existing 
sources, are based on process and emissions data received from the 
flexible polyurethane foam industry. This included information from 
every existing flexible polyurethane slabstock foam facility known to 
be in operation at the time of the initial data collection, and the 
information gathered from the 46 molded foam facilities (which was 
assumed to be representative of the entire molded foam industry). The 
EPA met with industry several times to discuss this data. In addition, 
facilities and State regulatory authorities had the opportunity to 
comment on draft versions of the regulation and to provide addition 
information. Several facilities did provide comments; of major concern 
to industry were the auxiliary blowing agent (ABA) emission limitation, 
and the reporting and recordkeeping requirements. The proposed 
standards reflect these comments.
    The proposed standards give existing facilities 3 years from the 
date of promulgation to comply. This is the maximum amount of time 
allowed under the Clean Air Act. New sources are required to comply 
with the standard upon startup. The EPA sees no reason why new 
facilities would not be able to comply with the requirements of the 
standards upon startup. For existing sources, the EPA believes that the 
required retrofit or other actions can be achieved in the time frame 
allotted.
    Included in the proposed rule are methods for determining initial 
compliance as well as monitoring, recordkeeping, and reporting 
requirements. All of these components are necessary to ensure that 
sources will comply with the standards both initially and over time. 
However, the EPA has made every effort to simplify the requirements in 
the rule.
    As described in the Basis and Purpose document, regulatory 
alternatives were considered that included a combination of 
requirements equal to, and above, the maximum achievable control 
technology (MACT) ``floor.'' Cost-effectiveness was a factor considered 
in evaluating options above the MACT floor; in cases where options more 
stringent than the floor were selected, they were judged to have a 
reasonable cost effectiveness Non-air environmental and health factors, 
as well as energy impacts were also considered and deemed to be 
reasonable for the proposed standards.
    Representative from other interested EPA offices and programs, as 
well as representative from State regulatory agencies, are included in 
the regulatory development process as members of the Work Group. The 
Work Group is involved in the regulatory development process, and must 
review and concur with the regulation before proposal and promulgation. 
Therefore, the EPA believes that the implication to other statutory 
authorities and programs have been adequately considered during the 
development of these standards.
    In addition to this proposed standards, two of the HAP use and 
emitted by the flexible polyurethane foam industry (toluene 
diisocyanate and propylene oxide) are subject to the risk management 
program rule requirements under section 112(r) of the CAAA. The risk 
management rule was signed May 24, 1996, and the rule was published in 
the Federal Register on June 20, 1996. Facilities handling a listed 
subject in quantities greater than threshold amount must comply with 
the risk management requirements by June 20, 1999. The list of 
substances and threshold quantities were published in the Federal 
Register on January 31, 1994.

III. Authority for National Emission Standards for Hazardous Air 
Pollutants Decision Process

A. Source of Authority for NESHAP Development

    Section 112 of the CAAA gives the EPA the authority to establish 
national standards to reduce air emissions from sources that emit one 
or more HAP. Section 112(b) contains a list of HAP to be regulated by 
NESHAP. Section 112(c) directs the EPA to use this pollutant list to 
develop and publish a list of source categories for which NESHAP will 
be developed. The EPA must list source categories and subcategories of 
``major sources'' (defined below) that emit one or more of the listed 
HAP. A major source is defined in section 112(a) as any stationary 
source or group of stationary sources located within a contiguous area 
and under common control that emits or has the potential to emit in the 
aggregate, considering controls, 10 tons per year or more of any one 
HAP or 25 tons per year or more of any combination of HAP. This initial 
list of source categories was published in the Federal Register on July 
26, 1992 (57 FR 31576) and include flexible polyurethane foam.
    The proposed rule, as noted in Sec. 63.1290(a), applies only to 
major sources (sources which emit or have the potential to emit HAP in 
excess of the major source thresholds). The rule does not affect area 
sources (those that do not emit or have the potential to emit HAP

[[Page 68409]]

in excess of the major source thresholds). A definition of ``major 
source'' and ``potential to emit'' is contained in Sec. 63.2 of the 
general provisions to part 63. Some sources which would otherwise have 
a potential to emit HAP in excess of the major source thresholds can 
become area sources by accepting enforceable limitations on their 
operations. A number of issues exist with respect to the requirements 
for such enforceable limitations. These issues (particularly whether 
such limitations must be federally enforceable) will be subject to a 
separate upcoming rulemaking. In this separate rulemaking, the EPA will 
be amending the definitions of ``major source'' and ``potential to 
emit'' in Sec. 63.2. The EPA requests that any comments on requirements 
for potential to emit limitations be directed towards this separate 
rulemaking.
    For those facilities that may seek enforceable limitations on their 
potential to emit, the EPA believes that mechanisms are in place in 
most States to provide such limitations. In addition, the owners or 
operators of sources in the flexible polyurethane foam industry will 
have had to address whether the title V operating permits program 
affects their particular facilities well before the compliance date of 
the NESHAP. Title V applications vary from State to State, but 
generally will be due within the 1995-97 time frame. The compliance 
date for the proposed NESHAP would be in 3 years after promulgation of 
the standard, which will likely be sometime in the year 2000.
    The proposed rule provides a mechanism that could be used by 
sources seeking area sources status to limit their emissions. The 
mechanism requires owners or operations to notify the Administrator of 
their commitment to maintaining emissions below major source levels. 
This notification would be included in the Precompliance Report, and 
would include recordkeeping and reporting procedures. The EPA requests 
comments on whether this provision, contained in Sec. 63.1290(c)(1) of 
the proposed rule, is necessary. In addition, the EPA requests comments 
on any amendments to the provision that would make it more useful or 
understandable.

B. Criteria for Development of NESHAP

    The NESHAP are to be developed to control HAP emissions from both 
new and existing sources according to the statutory directives set out 
in section 112(d) of the CAAA. The statute requires the standards to 
reflect the maximum degree of reduction in emissions of HAP that is 
achievable for new or existing sources, considering costs and other 
impacts. This control level is referred to as MACT.
    The MACT floor is the least stringent level allowed for MACT 
standards. For new sources, the standards for a source category or 
subcategory ``shall not be less stringent than the emission control 
that is achieved in practice by the best controlled similar source, as 
determined by the Administrator'' (section 112(d)(3)). Existing source 
standards shall be no less stringent than the average emission 
limitation achieved by the best performing 12 percent of the existing 
sources for categories and subcategories with 30 or more sources or the 
average emission limitation achieved by the best performing 5 sources 
for categories or subcategories with fewer than 30 sources (section 
112(d)(3)). These two minimum levels of control define the MACT floor 
for new and existing sources. When the selection of MACT considers 
control levels more stringent than the MACT floor (described below), 
its selection must reflect consideration of the cost of achieving the 
emission reduction, any non-air quality, health, and environmental 
impacts, and energy requirements.

IV. Summary of Proposed Standards

    This section provides a summary of the proposed regulation. The 
full regulatory text is available in Docket No. A-95-48, directly from 
the EPA, or from the Technology Transfer Network (TTN) on the EPA's 
electronic bulletin boards. More information on how to obtain a copy of 
the proposed regulation is provided at the beginning of the 
SUPPLEMENTARY INFORMATION section of this document.

A. Source Categories To Be Regulated

    These proposed standards would regulate HAP emissions from 
facilities that produce slabstock, molded, or rebond flexible 
polyurethane foam, provided that a facility is a major source or is 
located at a plant site that is a major source. Flexible polyurethane 
foam processes meeting one of three criteria are exempted from the 
regulation: (1) A process located at a plant site, where the plant site 
is limited by a federally enforceable limit to emissions less than 10 
tons per year of any single HAP and less than 25 tons per year of all 
HAP; (2) a process exclusively dedicated to the fabrication of flexible 
polyurethane foam; and (3) a research and development process.

B. Pollutants To Be Regulated

    The HAP currently emitted by the facilities covered by this 
proposed rule include methylene chloride, toluene diisocyanate, methyl 
chloroform, methylene diphenyl diisocyanate, propylene oxide, 
diethanolamine, methyl ethyl ketone, methanol, and toluene. Emission of 
any of these HAP or any other HAP that are emitted from emission points 
discussed in the next section will be affected. Methylene chloride, 
which comprises over 98 percent of the total HAP emissions from this 
industry, will be the primary HAP affected.

C. Affected Emission Points

    As noted above, three basic areas of the foam production facility 
are covered by the proposed regulation: (1) raw material storage; (2) 
production equipment and associated piping, ductwork, etc.; and (3) 
curing and storage areas. These areas contain the following emission 
points, which are covered by the proposed regulation: storage vessels, 
equipment leaks, mixhead flush, mold release agents, repair adhesives, 
equipment cleaning, and ABA.

D. Format of the Standards

    This section discusses the selected formats for the proposed 
standards. The formats and their selection are discussed in more detail 
in the Basis and Purpose Document for this proposed regulation.
    For mixhead flush, mold release agents, and repair adhesives at 
molded foam facilities; mold release agents and equipment cleaners at 
rebond foam facilities; and equipment cleaning at slabstock foam 
facilities, the format of the proposed standards is the prohibition of 
the use of HAP or HAP-based products.
    For storage vessels at slabstock facilities, the format is an 
equipment standard. For equipment leaks at slabstock facilities, the 
proposed standards incorporate several formats including equipment 
standards, design standards, work practices, and operational practices.
    For HAP ABA at slabstock facilities, the format of the proposed 
standards is an emission limitation. The proposed regulation includes 
provisions for the calculation of an allowable HAP ABA emissions level, 
which is compared to the actual HAP ABA emissions.

E. Proposed Standards

    Existing sources subject to the proposed regulation would be 
required to comply within three years of the effective date of the 
regulations, and

[[Page 68410]]

new sources would be required to comply at startup. Following is a 
description of the requirements of the proposed standards.
1. Standards for Molded Flexible Polyurethane Foam Production
    At molded foam facilities subject to the proposed rule, emissions 
from three emission sources are covered by the proposed rule: mixhead 
flushing, mold release agent usage, and the use of adhesives to repair 
molded foam. For each of these emission sources, the proposed rule 
prohibits the use of HAP or HAP-based products at new and existing 
sources. Other than the initial notification and notification of 
compliance, there are no associated monitoring, reporting, or 
recordkeeping requirements for molded foam producers.
2. Standards for Rebond Foam Production
    This proposed regulation would prohibit the use of HAP-based 
cleaners or mold release agents in the production of rebond foam at new 
and existing sources. Other than the initial notification and 
notification of compliance, there are no associated monitoring, 
reporting, or recordkeeping requirements for rebond foam producers.
3. Standards for Slabstock Flexible Polyurethane Foam Production
    At slabstock foam facilities subject to the proposed rule, 
emissions from four types of emission points are covered by the 
proposed rule: storage vessels, equipment leaks, HAP auxiliary blowing 
agent (ABA) use, and equipment cleaning. The requirements are separated 
into two basic categories corresponding to the two major uses of HAP in 
the slabstock process: (1) diisocyanate used as a reactant in the foam 
process, and (2) HAP ABA and equipment cleaning. The diisocyanate used 
in the production of slabstock foam is almost always toluene 
diisocyanate (TDI), and the HAP ABA used is almost always methylene 
chloride.

a. Diisocyanate emissions

    Emissions of diisocyanate from storage vessels and equipment leaks 
are covered by the proposed standards. For new and existing sources, 
there are two compliance options for storage vessels. The vessel can be 
equipped with a vapor return line that returns vapors displaced during 
storage vessel filling to the tank truck or rail car. The second option 
is to equip the storage vessel with a system in which displaced vapors 
are routed through a carbon adsorption system prior to being discharged 
to the atmosphere. Storage vessels equipped with carbon adsorption 
systems must monitor the outlet of the carbon system to detect 
breakthrough.
    Transfer pumps in diisocyanate service must be either sealless 
pumps, or submerged pump systems that are visually monitored weekly to 
detect leaks. Any transfer pump leaks detected must be repaired within 
15 calendar days. Diisocyanate leaks for other components in 
diisocyanate service (valves, connectors, and pressure-relief valves) 
detected by visual, audible, or any other detection method must be 
repaired within 15 calendar days, as well.

b. HAP ABA storage and equipment leak emissions, HAP ABA emissions from 
the production line, and equipment cleaning HAP emissions

    HAP ABA emissions from three types of emission points--storage 
vessels, equipment leaks, and the production line--are covered by the 
proposed regulation. In addition, HAP emissions from equipment cleaning 
are covered.
    This proposed regulation requires that owners or operators comply 
with requirements for each of the four types of emission points (HAP 
ABA emissions from storage vessels, equipment leaks, and the production 
line, and HAP emissions from equipment cleaning). These limitations are 
described below.
    However, since methylene chloride is the primary HAP used as an ABA 
and as an equipment cleaner, this proposed rule allows owners and 
operators flexibility in complying with the HAP ABA and equipment 
cleaning provisions. As an alternative to the emission point specific 
limitations, the owner or operator can elect to comply with a source-
wide emission limitation. Owners or operators selecting the source-wide 
emission limitation must maintain the combined emissions from all of 
these sources below the required level. While this option is slightly 
more stringent than the emission point specific limitations, the EPA 
believes the flexibility it provides will prove to be beneficial for 
sources selecting this alternative.
    HAP ABA storage vessel requirements. The requirements for HAP ABA 
storage vessels are identical to the diisocyanate storage vessel 
requirements discussed above. Storage vessels can be equipped with 
either a vapor return line to the tank truck or railcar, or a carbon 
adsorption system. The requirements for new and existing sources are 
identical.
    HAP ABA equipment leaks. These proposed standards contain 
requirements for pumps, valves, connectors, pressure-relief devices, 
and open-ended valves or lines in HAP ABA service at new and existing 
sources.
    Pumps and valves must be monitored quarterly for leaks using Method 
21, 40 CFR part 60, appendix A, where a leak is defined as an 
instrument reading of 10,000 parts per million or greater. Leaks must 
be repaired within 15 calendar days after their detection. 
Alternatively, leakless pumps can be used. Valves that are designated 
as unsafe-to-monitor must be monitored as frequently as possible, and 
difficult-to-monitor valves must be monitored once per year.
    Connectors must be monitored annually, unless the connector has 
been opened or the seal broken. In these cases, the connector must be 
monitored within 3 months after being returned to HAP ABA service. As 
with the other components, a leak is defined as an instrument reading 
of 10,000 parts per million or greater, and a leak must be repaired 
within 15 calendar days. Connectors can also be designated as unsafe-
to-monitor, in which case they must be monitored as frequently as 
possible.
    Pressure-relief devices must be monitored using Method 21 if 
evidence of a potential leak is found by visual, audible, olfactory, or 
any other detection method. If a leak is found (10,000 parts per 
million), it must be repaired within 15 calendar days.
    Each open-ended valve or line in HAP ABA service must be equipped 
with a cap, blind flange, plug, or a second valve.
    HAP ABA Emissions from the production line. Compliance with the 
proposed provisions for HAP ABA emissions from the production line is 
determined by comparing actual HAP ABA emissions to an allowable 
emission level for a 12-month period. Compliance must be determined 
each month for the previous consecutive 12-month period.
    This proposed regulation recognizes the variability in HAP ABA 
emissions for different grades of foam, where a grade of foam is 
determined by its density and indentation force deflection (IFD). 
Therefore, the allowable emission level is dependent on the mix of foam 
grades produced during the 12-month compliance period. The nucleus of 
the HAP ABA emission limitation provisions is the HAP ABA formulation 
limitation equation, which determines an allowable amount of HAP ABA 
for each grade of foam. For existing sources, this equation is:


[[Page 68411]]

[GRAPHIC] [TIFF OMITTED] TP27DE96.001


 Where,

ABAlimit = HAP ABA formulation limitation, parts HAP ABA 
allowed per hundred parts polyol (pph)
IFD = Indentation force deflection (25 percent), pounds
DEN = Density, pounds per cubic foot

Therefore, for each foam grade produced during the 12-month period, the 
owner or operator must determine the HAP ABA formulation limitation. 
This equation was developed using actual formulation data from the best 
performing foam production facilities. The development of this equation 
is discussed in docket item no. II-B-6.
    For new sources, the equation is used to determine the HAP ABA 
formulation limitation for a limited number of grades. However, the 
formulation limitation for many higher-density, higher-IFD foams is 
automatically set to zero.
    The allowable HPA ABA emissions for a consecutive 12-month period 
are calculated as the sum of allowable monthly HAP ABA emissions for 
each of the individual 12 months in the period. Allowable HAP ABA 
emissions for each individual month are calculated using the following 
equation.
[GRAPHIC] [TIFF OMITTED] TP27DE96.002

Where,

emisallow, month= Allowable HAP ABA emissions from the 
slabstock affected source for the month, pounds
m = number of slabstock foam production lines at the affected source
n = Number of foam grades produced in the month on foam production 
line j
limiti = HAP ABA formulation limit for foam grade i, parts HAP 
ABA per 100 parts polyol
polyoli = Amount of polyol used in the month in the production 
of foam grade i on foam production line j, pounds

    The amount of polyol used is a key component of this analysis, and 
it must be determined by continuously monitoring the amount of polyol 
added to the slabstock foam production line at the mixhead when foam is 
being poured (see section IV(E)(4)(b) below for more information).
    Actual HAP ABA emissions are determined by continuously monitoring 
the HAP ABA added to the slabstock foam production line at the mixhead 
when foam is being poured. The allowable monitoring methods for HPA ABA 
are the same as for polyol.
    This proposed regulation also contains provisions to allow for the 
use of HAP ABA recovery devises. If a recovery device is used, the 
actual HAP emissions are the difference between the uncontrolled HAP 
ABA emissions and the HAP ABA recovered. The uncontrolled HAP ABA 
emissions are determined by monitoring the HAP ABA added to the 
slabstock foam production line at the mixhead, as discussed above. The 
amount of HAP ABA recovered is required to be monitored.
    As an alternative to the rolling annual compliance approach, owners 
or operators can elect to comply each month. If this approach is 
selected, actual and allowable emissions are determined as discussed 
above. However, compliance is determined by comparing allowable and 
actual emissions for each month, rather than for the 12 previous 
months. An advantage of the monthly compliance approach is that a 
violation of the allowable monthly HAP limitation constitutes up to 30 
days of violation for that compliance period, whereas a violation of 
the allowable annual total of HAP calculated in any given month 
constitutes up to 365 days of violation for that compliance period. 
This alternative is allowed because it is more stringent than the 
rolling annual compliance approach.
    Equipment cleaning HAP emissions. Affected sources complying with 
the emission point specific limitations are prohibited from using a 
HAP, or a HAP-based product, as an equipment cleaner. Other than the 
initial notification, there are no associated reporting, recordkeeping, 
or monitoring requirements.
    Source-wide emission limitation alternative. This alternative 
allows the owner or operator to choose which of the HAP ABA emission 
sources to control but is only available for sources using no more than 
one HAP as an ABA and equipment cleaner in the process. In other words, 
an owner or operator could choose not to control HAP ABA storage 
vessels and equipment leaks, and achieve a slightly higher HAP ABA 
emission reduction from the production line. Alternatively, an owner or 
operator could choose to control emissions from equipment leaks and 
storage to ``save'' as much HAP ABA as possible for use in the 
production line. In addition, under the source-wide alternative, a 
facility could utilize a HAP equipment cleaner, as long as the HAP used 
as the equipment cleaner is the same chemical as the HAP ABA. However, 
the equipment cleaning HAP emissions must be offset by emission 
reductions from one of the HAP ABA emission sources.
    An owner or operator electing to comply with the source-wide 
emission limitation for HAP ABA and equipment cleaning determines 
compliance by comparing actual emissions from the three HAP ABA 
emission sources and from equipment cleaning with an allowable 
emissions level. Compliance is determined each month for the previous 
12-month period.
    The allowable emissions level is determined using the same 
procedures discussed above for HAP ABA emissions from the production 
line. Therefore, the total HAP ABA and equipment cleaning HAP emissions 
allowed under this alternative are equivalent to the allowed HAP ABA 
emissions from the production line if the emission point specific 
alternative is selected.
    The actual HAP ABA and equipment cleaning emissions are determined 
by performing a material balance at the HAP ABA storage vessel, using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TP27DE96.003

Where,

PWEactual = Actual source-wide HAP ABA and equipment cleaning 
HAP emissions for a month, pounds/month
STi,begin = Amount of HAP ABA in storage tank i at the 
beginning of the month, pounds
STi,end = Amount of HAP ABA in storage tank i at the end of the 
month, pounds,

[[Page 68412]]

ADDi = Amount of HAP ABA added to storage tank i during the 
month, pounds
n = Number of HAP ABA storage vessels

    Weekly monitoring of the level of HAP ABA in the storage vessels is 
required, thus providing the beginning and end of month amounts to be 
used in the above equation. In addition, the amount of each HAP ABA 
delivery must be determined. The requirements for the monitoring of HAP 
ABA storage vessel levels and the amount of HAP ABA added during each 
delivery is discussed later in this section. Emission reductions 
achieved by recovery devices can be accounted for by monitoring the 
amount of HAP ABA recovered.
    As with the emission point specific limitation for HAP ABA from the 
production line, the source-wide emission limitation includes a monthly 
compliance alternative.
4. Monitoring Requirements
    This proposed regulation contains monitoring requirements for five 
situations: (1) storage vessels complying using carbon adsorption 
systems, (2) polyol and HAP ABA added to the production line at the 
mixhead, (3) recovered HAP ABA when a recovery device is used, (4) the 
amount of HAP ABA in a storage vessel, and (5) the amount of HAP ABA 
added to a storage vessel.

a. Storage Vessel Emissions Monitoring

    Storage vessels equipped with carbon adsorption systems must 
monitor either the concentration of HAP or the concentration of total 
organic compounds (TOC) at the exit of the adsorption system. 
Measurements of HAP or TOC concentration must be made using Method 18 
or 25A of Appendix A of 40 CFR 60. Outlet concentration measurements 
must be made monthly (or each time the vessel is filled, if filling 
occurs less frequently than monthly), or the owner or operator can 
install a monitoring system that continuously monitors HAP or TOC 
concentrations during vessel filling.

b. Polyol and HAP ABA Monitoring at the mixhead

    All slabstock facilities must continuously monitor the amount of 
polyol added to the slabstock foam production line at the mixhead when 
foam is being poured to allow the calculation of allowable emissions. 
The regulation contains two options for continuously monitoring the 
polyol added: (1) a device installed and operated to monitor and record 
pump revolutions per minute, or (2) a flow rate monitoring device 
installed and operated to measure the amount of polyol added at the 
mixhead. Either of these devices must be calibrated at least once each 
6 months, and must have an accuracy to within  2 percent. 
The owner or operator can develop an alternative monitoring program to 
monitor the amount of polyol added at the mixhead. The components of an 
alternative monitoring plan shall include, at a minimum, (1) 
description of the parameter to be monitored to measure the amount of 
HAP ABA or polyol added at the mixhead; (2) a description of how the 
monitoring results will be recorded, and how the results will be 
converted into amount of HAP ABA or polyol delivered to the mixhead; 
(3) data demonstrating that the monitoring device is accurate to within 
 2.0 percent; and (4) procedures to ensure that the 
accuracy of the parameter monitoring results is maintained. These 
procedures shall, at a minimum, consist of periodic calibration of all 
monitoring devices. In addition, if an owner or operator elects to 
comply with the emission point specific limitations, the amount of HAP 
ABA added to the slabstock foam production line at the mixhead must be 
continuously monitored when foam is being poured. The requirements for 
monitoring the amount of HAP ABA added are exactly the same as 
discussed above for polyol, except that the device must be calibrated 
at least once per month.

c. Recovered HAP ABA Monitoring

    The proposed rule also includes monitoring requirements for 
slabstock facilities using a recovery device to reduce HAP ABA 
emissions. The amount of HAP ABA recovered is determined by using a 
device that monitors the cumulative amount of HAP ABA recovered by the 
recovery device. This device must be installed, calibrated, maintained, 
and operated according to the manufacturer's specifications, and must 
be certified by the manufacturer to be accurate to within  
2.0 percent.

d. Monitoring to Determine Amount of HAP ABA in a Storage Vessel

    The amount of HAP ABA in a storage vessel must be determined by 
monitoring the HAP ABA level in the storage vessel using a monitoring 
device that has been certified by its manufacturer to be at least 99 
percent accurate, that has either a digital or printed output, and that 
is calibrated at least once a year. The level of HAP ABA in each 
storage vessel must be measured and recorded at least once per week.

e. Monitoring to Determine the Amount of HAP ABA Added to a Storage 
Vessel

    The amount of HAP ABA added to a storage vessel during a delivery 
must be determined using any one of three options. The first option 
requires that the volume of HAP ABA added to the storage vessel be 
determined by monitoring the flow rate using a device with an accuracy 
of 98 percent or greater, and which Is calibrated at least once every 
six months. The second options allows the owner or operator to 
calculate the weight of HAP ABA added by determining the difference 
between the full weight of the transfer vehicle prior to unloading into 
the storage vessel and the empty weight of the transfer vehicle after 
unloading has been completed. This weight must be determined using a 
scale approved by the State or local agencies using the procedures 
contained in the National Institute of Standards and Technology 
Handbook 44, or a scale determined to be in compliance with the 
requirements of the National Institute of Standards and Technology 
Handbook 44 at least once per year by a registered scale technician. 
The third option for determining the amount of HAP ABA added to a 
storage vessel allows the owner or operator to develop an alternative 
monitoring program. The alternative monitoring program must include, at 
a minimum, a description of the parameter to be monitored to determine 
the amount of the addition, a description of how the results of the 
monitoring will be recorded and converted into the amount of HAP ABA 
added, data demonstrating the accuracy of the monitoring measurements, 
and procedures for ensuring that the accuracy of the monitoring 
measurements is maintained.
5. Testing Requirements
    There are two instances where the use of test methods is required. 
First, for slabstock owners or operators complying with the emission 
point specific requirements for HAP ABA equipment leaks, testing must 
be conducted using Method 21 of 40 CFR part 60, subpart A.
    Second, all slabstock affected sources must test each grade of foam 
produced during a single production ``run'' to verify the IFD and 
density, as these are integral inputs into the equation to determine 
the HAP ABA formulation limitation. This proposed rule requires these 
parameters to be determined using ASTM D3574 using a sample of foam cut 
from the center of the foam bun. The maximum sample size for which the 
IFD and density is determined shall not be

[[Page 68413]]

larger than 24 inches by 24 inches by 4 inches.
6. Alternative Means of Emission Limitation
    This proposed regulation also contains provisions to allow an owner 
or operator to request approval to use an alternative means of emission 
limitation. Examples of alternative means of emission limitation could 
be the reduction of HAP ABA by a combustive device, use of a storage 
tank control not mentioned in the regulation, or an alternative program 
to reduce HAP ABA equipment leak emissions. The request, which may be 
submitted in the precompliance report for existing sources, the 
application for construction or reconstruction for new sources, or at 
any other time after the initial compliance, must include a complete 
description of the alternative means of emission limitation and 
documentation demonstrating equivalency with the requirements in the 
regulation. The owner or operator can begin using the alternative means 
of emission limitation upon approval of the request by the 
Administrator.
7. Applicability of General Provisions
    The General Provisions for Part 63; 40 CFR 63, Sub Part A; create 
the technical and administrative framework for implementing national 
emission standards established under section 112 of the Clean Air Act. 
The General Provisions establish baseline applicable requirements for 
activities such as performance testing, monitoring, notifications, and 
recordkeeping and reporting, and they also implement statutory 
provisions such as compliance dates for new and existing sources and 
preconstruction review requirements. The General Provisions apply to 
all sources that are affected by Part 63 standards, including the 
proposed standard for flexible polyurethane foam production. However, 
certain requirements in the General Provisions may be overridden in 
individual standards. This proposed regulation contains a table 
outlining the sections of the General Provisions that are applicable to 
subpart III, and outlining the General Provisions' sections that are 
being overridden or not incorporated.

F. Reporting and Recordkeeping Requirements

1. Reporting Requirements
    This proposed regulation requires the submittal of six types of 
reports: (1) initial notification, (2) application for approval of 
construction or reconstruction, (3) precompliance report, (4) 
notification of compliance status, (5) semi-annual compliance reports, 
and (6) other reports. These reports are briefly described below.

a. Initial Notification

    Each owner or operator of an affected source must submit an initial 
notification to the Administrator within 120 days after promulgation of 
the rule. This initial notification must contain an identification of 
the facility that is subject to the regulation, the name and address of 
the owner or operator of the subject facility, and a brief description 
of the process.

b. Application for Approval of Construction or Reconstruction

    Owners or operators constructing a new affected source, or 
reconstructing an existing process, must submit an application for 
approval of construction or reconstruction. This application must 
contain identification information such as location, owner/operator, 
and the anticipated completion and start-up dates. The application must 
also contain a description of the planned process and how compliance 
will be achieved. The application must be submitted as soon as 
practicable before the construction or reconstruction is planned to 
commence. A permit application can take the place of this report.

c. Precompliance Report

    One year before the compliance date, each slabstock owner or 
operator must submit a precompliance report. This report must contain 
notification of whether compliance will be achieved using the emission 
point specific HAP ABA and equipment cleaning emission limitation or 
the source-wide emission limitation. The report must also indicate if 
either of the following compliance options are going to be utilized:
     If compliance will be achieved on a monthly basis for 
either the emission point specific limitation for HAP ABA emissions 
from the production line or the source-wide emission limitation.
     If a recovery device will be used to reduce HAP ABA 
emissions.
    This report must also contain a description of how the amount of 
polyol and HAP ABA (if required) added at the mixhead will be 
monitored. If the owner or operator is developing an alternative 
monitoring plan, the plan must be submitted with the precompliance 
report. In addition, owners or operators of slabstock flexible 
polyurethane production facilities using a recovery device to reduce 
HAP ABA emission must include a description of the HAP ABA monitoring 
and recordkeeping program to determine the amount of HAP ABA recovered 
in the precompliance report.
    Each owner or operator of a source complying with the source-wide 
emission limitation must submit a description of how the amount of HAP 
ABA in a storage vessel will be determined, and a description of how 
the amount of HAP ABA added to a storage vessel during a delivery will 
be monitored. If the owner or operator is developing an alternative 
monitoring program for the determination of HAP ABA added to a storage 
vessel, this program must be submitted with the precompliance report.
    The owner or operator of a flexible polyurethane foam production 
facility that is planning to maintain HAP emissions below major source 
levels and achieve an enforceable limitation through this subpart, must 
report this intention in the precompliance report.

d. Notification of Compliance Status

    Each owner or operator of an affected source must submit a 
notification of compliance status report 180 days after the compliance 
date. For slabstock affected sources, this report must contain 
notification of the compliance status of diisocyanate storage vessels 
and dissocyanate transfer pumps. In addition, for slabstock affected 
sources complying with the emission point specific limitations for HAP 
ABA, this report must contain compliance information for HAP ABA 
storage vessels and equipment in HAP ABA service. Molded and rebound 
affected sources must submit a statement that compliance is being 
achieved with the standards.
    An owner or operator of a flexible polyurethane foam production 
facility that is committing to an enforceable limit to maintain 
emissions below major source levels must submit an affidavit stating 
the annual HAP emissions will not exceed the major source levels in the 
notification of compliance status. This affidavit must be signed by the 
owner, operator, or other responsible individual.

e. Semi-annual Compliance Reports

    Each slabstock owner or operator must submit semi-annual compliance 
reports. For affected sources complying with the rolling annual 
compliance provisions (for either the emission point specific HAP ABA 
limitations or the source-wide emission limitation), the report must 
contain the allowable and actual HAP ABA emissions (or allowable and 
actual HAP ABA and equipment cleaning HAP emissions) for each of the 
12-month periods ending on each of the six months in the reporting

[[Page 68414]]

period. For affected sources complying with the monthly compliance 
alternative, the report must contain the allowable and actual HAP ABA 
emissions (or allowable and actual HAP ABA and equipment cleaning HAP 
emissions) for each for the six months in the reporting period.

f. Other Reports

    A slapstock owner or operator must provide a report to the 
Administrator indicating the intent to change the selected compliance 
alternative (emission point specific limitation or source-wide emission 
limitation). This report must be submitted at least 180 days prior to 
the change.
    Similarly, the intent to switch the compliance method (rolling 
annual or monthly) must be reported. This report must be submitted at 
least 12 months prior to the change.
2. Recordkeeping Requirements
    Records must be recorded in a form suitable and readily available 
for expeditious inspection and review, and must be kept for a period of 
5 years. At a minimum, the most recent 2 years of data must be retained 
on-site.
    Records are required for storage vessels, equipment leaks, and HAP 
ABA. If the owner of operator complies with the source-wide emission 
limitation, no records are required for HAP ABA storage vessel controls 
(see section ``a'' below) or controls for equipment in HAP ABA service 
(see section ``b'' below).

a. Storage Vessel Records

    All slabstock affected sources must maintain records listing all 
diisocyanate storage vessels and the type of control utilized to comply 
with the regulation. For the storage vessels complying through the use 
of a carbon absorption system, the records must include the design 
parameters of the system and the monitoring records.
    (vi) Records of all calibrations for each device used to measure 
the amount of HAP ABA in the storage vessel, conducted in accordance 
with Sec. 63.1303(d)(3).
    (vii) Records to verify that all scales used to measure the amount 
of HAP ABA added to the storage vessel meet the requirements of 
Sec. 63.1303(e)(2). For scales meeting the criteria of 
Sec. 63.1303(e)(2)(i), this documentation shall be in the form of 
written confirmation of the State or local approval. For scales 
complying with Sec. 63.1303(e)(2)(ii), this documentation shall be in 
the form of a report provided by the registered scale technician.
    (d) Records for sources with enforceable emission limitations below 
major source levels. Processes exempted from this subpart through a 
federally enforceable emission limitation in accordance with 
Sec. 63.1290(b)(1), and that have notified the Administrator of this 
self-imposed limitation through Sec. 63.1306(c)(9), shall maintain 
records to support the emission estimates provided in the annual 
emission reports, submitted in accordance with Sec. 63.1306(f)(3). 
These emission estimates may be based on inventory records, material 
balance calculations, emission tests, or other engineering analyses.

b. Equipment Leak Records

    All slabstock affected sources must maintain a list of components 
in diisocyanate service, and a description of the control utilized for 
each transfer pump. If the affected source is complying with the 
emission point specific limitations, then records listing each 
component in HAP ABA service must also be maintained.
    When a leak, as defined in the proposed rule, is detected for any 
component, the component must be marked with a readily visible 
identification until the leak is repaired. For valves, the 
identification must remain until 2 successive months have passed where 
no leak is detected. Records must be kept specifying when the leak was 
detected when it was repaired, and when the identification was removed.

c. HAP ABA Records

    All slabstock affected sources must keep records integral to the 
calculation of allowable emissions. These include a daily log of foam 
runs, and daily records of the amount of polyol added at the mixhead 
for each grade of foam, and the results of the density and IFD testing 
for each grade. Monthly, a cumulative record must be maintained listing 
the foam grades produced during the month, along with the total amount 
of polyol used for each foam grade, and the corresponding allowable HAP 
ABA (or HAP ABA and equipment cleaning) emission level. If complying on 
an annual rolling basis, the allowable HAP ABA (or HAP ABA and 
equipment cleaning) emission level for the previous 12 consecutive 
months must also be recorded each month.
    For affected sources complying with the emission point specific 
limitation for HAP ABA emissions from the production line, records must 
be kept regarding the amount of HAP ABA added at the mixhead each day. 
In addition, there must also be a cumulative HAP ABA usage record for 
each month, and a cumulative record for the previous 12 consecutive 
months (if complying on an annual rolling basis).
    For affected sources complying with the source-wide emission 
limitation, monthly records must be kept regarding the actual HAP ABA 
and equipment cleaning emissions, as measured at the storage vessel. 
Also required are daily records of the HAP ABA storage vessel levels 
and records of the amount of HAP ABA added to the storage vessel during 
each delivery. If complying on an annual rolling basis, monthly records 
must be kept of the actual cumulative HAP ABA and equipment cleaning 
emissions for the previous 12 months.
    If an affected source uses a recovery device to reduce HAP ABA 
emissions, records must be kept regarding the amount of HAP ABA 
recovered. In addition, records of all required calibrations must be 
maintained.

d. Records for Sources With Enforceable Emission Limitations Below 
Major Source Levels

    The owner or operator of a flexible polyurethane foam production 
facility that is committing to an enforceable limit to maintain 
emissions below major source levels must keep records documenting HAP 
emissions. These records can consist of basic inventory records and 
engineering calculations.

V. Request for Comment on Specific Issues

    The Administrator welcomes comments from interested persons on any 
aspect of this proposed standards, and on any statement in the preamble 
or the referenced supporting documents. These proposed standards were 
developed on the basis of information available. The Administrator is 
specifically requesting factual information that may support either the 
approach taken in these proposed standards or an alternate approach. To 
receive proper consideration, documentation or data should be provided. 
Specifically, the EPA is requesting comment and data on the following 
issue.
    The proposed standards for slabstock foam production contain 
provisions to control emissions of TDI from storage vessels and 
equipment leaks. However, the standards do not contain provisions to 
control TDI emissions from the foam production line. At baseline, no 
facilities in the industry reported control for these TDI emissions; 
therefore, the MACT floor was determined to be ``no control.'' Further, 
no control options more stringent than the MACT floor were 
investigated, since

[[Page 68415]]

no demonstrated technology were identified. However, some State and 
local agencies have requirements affecting sources emitting TDI in 
their air toxics regulations. One State with such a regulation has 
expressed concern to the EPA that this proposed regulation will not 
reduce TDI emissions from foam production. Therefore, the EPA is 
requesting comments on the need for additional controls for TDI from 
this industry. The EPA would like to be made aware of any control 
technologies that are being used, or could be used, to reduce TDI 
emissions from slabstock foam production lines. Comments should be 
detailed and include costs, control effectiveness, operation and 
monitoring requirements, and any other relevant factors to be 
considered.
    For the proposed requirements for HAP ABA emissions from the 
production line, and source-wide HAP ABA and equipment cleaning HAP 
emissions, the EPA considered two averaging time formats: (1) 
Compliance determined monthly for the previous 12 months (i.e., a 
rolling annual compliance determination), and (2) compliance determined 
for each individual month. The Agency determined that the rolling 
annual compliance format was most appropriate for this industry, but 
the industry was particularly concerned about enforcement implications 
of this format. Therefore, the proposed rule allows each slabstock 
facility to choose the individual monthly averaging time as an 
alternative, because it is more stringent. The EPA is specifically 
requesting comments from State and local agencies, as well as the 
industry, on the burdens caused by the inclusion of this choice in the 
proposed regulation.
    The point of compliance for the proposed source-wide HAP ABA and 
equipment cleaning ABA emission limitation would be the HAP ABA storage 
vessel, where a monthly material balance would be performed to 
determine the amount of HAP ABA and HAP equipment cleaner used/emitted. 
This proposed rule requires sources complying with the source-wide 
emission limitation to monitor the amount of HAP ABA in each storage 
vessel at least once per week. These monitoring results are used to 
determine monthly source-wide HAP ABA emissions. The device used to 
determine this amount must meet three criteria: (1) It must be 
certified by its manufacturer to be accurate to within +/-1 percent, 
(2) it must have either a digital or printed output, and (3) it must be 
calibrated at least once per year. As proposed, the rule would not 
allow the use of gauge glasses and simple float systems (i.e., float 
and tape), which are common practices in the industry. The concerns 
that led the Agency to propose requirements that exclude the use of 
these devices were the uncertainty of the accuracy of these devices, 
and the potential errors associated with the visual reading of the 
level of liquid in the tank. Since the use of these technologies is 
wide-spread in the slabstock foam industry, the EPA would prefer that 
the use of these technologies be allowed. However, questions regarding 
the concerns mentioned above remain unanswered. Therefore, the EPA is 
requesting comment on the proposed monitoring requirements to determine 
the amount of HAP ABA in storage vessels. The EPA is also specifically 
requesting comment on whether the use of gauge glasses, float and tape 
systems, and other visually-read systems should be allowed under this 
rule. Commenters that believe that it is appropriate to allow the use 
of these systems should provide rationale and supporting documentation 
regarding the accuracy of these systems, measures to ensure the 
accuracy of visual readings, and calibration procedures.
    The EPA estimated that there are 228 molded foam facilities in the 
U.S. The EPA is requesting comments on this estimate, and any 
information related to the molded foam production facility population.
    This proposed regulation prohibits the use of HAP-based adhesives 
for molded foam repair. The EPA is requesting comments on the technical 
feasibility of these requirements.

VI. Summary of Environmental, Energy, Cost, and Economic Impacts

    This section presents the air, non-air environmental (waste and 
solid waste), energy, cost, and economic impacts resulting from the 
control of HAP emissions under this rule.

A. Facilities Affected by These NESHAP

    It is estimated that 176 sources will be subject to the proposed 
regulation. This consists of 57 slabstock foam facilities, 21 
facilities with slabstock and rebond processes, and 98 molded foam 
facilities. It is assumed that 130 molded foam facilities are area 
sources, and will not be subject to today's proposed rule. It is also 
assumed that all rebond facilities not co-located with a slabstock foam 
process are area sources.

B. Primary Air Impacts

    These proposed standards are estimated to reduce HAP emissions from 
all existing sources of flexible polyurethane foam manufacturing by 
over 12,500 Mg/yr. This represents a 70 percent reduction from 
baseline. This includes over 10,400 Mg/yr from slabstock foam 
production (69 percent reduction from baseline) and over 2,100 Mg/yr 
from molded foam production (73 percent reduction from baseline). No 
reduction is expected from rebond foam production, since it is believed 
that the entire industry has already stopped using HAP cleaners and 
mold release agents.

C. Other Environmental Impacts

    The Agency estimates that there will be minimal secondary 
environmental impacts from this proposed regulation. There could be a 
slight increase in volatile organic compound (VOC) air emissions if 
facilities switch from a HAP-based product to a non-HAP VOC based 
product for equipment cleaning, mold release agents, mixhead flushes, 
and repair adhesives. Wastewater could contain minor amounts of HAP if 
carbon adsorption systems are used to comply with the HAP ABA 
limitations, but the Agency believes the use of such systems will be 
rare. The only potential hazardous waste impact would be due to the 
disposal of spent carbon adsorption canisters used to control storage 
vessels.

D. Energy Impacts

    Due to the use of several control technologies in both slabstock 
and molded foam there will be some increase in the amount of energy 
used by this source category. The impact will vary depending on which 
control technology is chosen by each facility, but is not expected to 
be significant.

E. Cost Impacts

    Cost impacts include the capital costs of new equipment that 
reduces HAP emissions, the cost of energy required to operate the 
equipment, operation and maintenance costs, as well as cost savings. 
Also, cost impacts include the costs of monitoring, recordkeeping, and 
reporting associated with the proposed standards. Average cost 
effectiveness ($/Mg of pollutant removed) is also presented as part of 
cost impacts and is determined by dividing the annual cost by the 
annual emission reduction.
    For the molded subcategory, the estimated total capital investment 
in $6.1 million, and the total estimated annual cost is almost $760,000 
per year. The total annual HAP emission reduction is 2,100 Mg/year, 
resulting in a cost effectiveness of $360/Mg per year.
    For the rebond subcategory, it is anticipated that there will be no 
cost or environmental impacts, since it is believed that every facility 
already

[[Page 68416]]

complies with these provisions. The regulation will prohibit the future 
use of HAP-based cleaners and mold release agents in this industry.
    For the slabstock subcategory, the total estimated capital 
investment is around $68 million, and the total estimated annual cost 
is $7.3 million per year. The total annual HAP emission reduction is 
over 10,400 Mg/yr, resulting in a cost-effectiveness of around $700/Mg 
per year.
    Therefore, the total capital investment for this proposed 
regulation is estimated at $74 million. The total estimated annual cost 
is $8.1 million per year. The total emission reduction is over 12,560 
Mg/yr, resulting in an overall cost effectiveness of around $650/Mg per 
year.

F. Economic Impacts

    An economic impact analysis of these proposed standards was 
prepared to evaluate primary and secondary impacts on (1) the slabstock 
and molded foam sectors of the flexible polyurethane foam industry, (2) 
consumers, and (3) society.
    For the slabstock foam sector of the industry, the total annualized 
social cost (in 1994 dollars) of this proposed regulation is $7.18 
million. Market price is estimated to increase by 2.20 percent, and the 
corresponding decrease in market output is estimated to be 1.08 
percent. Employment loss is estimated to be 1.09 percent (i.e., 96 
jobs).
    For the molded foam sector, impacts on price and output are 
estimated to be smaller than those predicted for the slabstock market. 
The total annualized social cost (in 1994 dollars) of the proposed 
standards for the molded foam subcategory is $0.71 million. Price is 
estimated to increase by 1.14 percent, and the corresponding decrease 
in market output is estimated to be 0.56 percent. Employment loss in 
the molded sector is estimated to be 0.67 percent (37 jobs).
    However, given the predicted changes in market price and output, 
the industry will experience increases in the value of shipments (i.e., 
industry profits), because estimated price increases more than offset 
the lower production volumes. Since no significant export or import 
markets exist for the industry (due to prohibitive transportation 
costs), no impacts on foreign trade are expected.
    The analysis also predicts the number of plant closures that may 
result from the imposition of compliance costs on a facility. For the 
analysis, worst-case assumption is adopted that the facilities with the 
highest emission control costs are the least efficient producers in the 
market. Actual plant closures will be less than that predicted if 
plants with the highest emission control costs are not the least 
efficient producers in the industry. In addition, the outcome of 
predicted closures is sensitive to the wide variety of emission control 
technologies assigned to the model plants. If the control technology 
assigned to the representative model plant is different than that which 
would be chosen by an actual facility, the analysis could overestimate 
the number of predicted plant closures. Therefore, a sensitivity 
analysis was performed to test the outcome of closures based on the 
assignment of control technology to model plants. For the slabstock 
sector, plant closures are estimated to range from 1 to 3 facilities 
for this proposed standard. For the molded foam sector, closures are 
estimated to be zero for this proposed standard (a sensitivity analysis 
was not performed for the molded foam production subcategory). Given 
the significant amount of restructuring currently occurring in the 
industry (mergers, buy-outs, and shut-downs), the number of facility 
closures that will result from the proposed regulation is likely to be 
minimal.

VII. Administrative Requirements

A. Public Hearing

    A public hearing will be held, if requested, to discuss the 
proposed standard in accordance with section 307(d)(5) of the Clean Air 
Act. Persons wishing to make oral presentation on the proposed 
standards for flexible polyurethane foam production should contact the 
EPA at the address given in the ADDRESSES section of this preamble. 
Oral presentations will be limited to 15 minutes each. Any member of 
the public may file a written statement before, during, or within 30 
days after the hearing. Written statements should be addressed to the 
Air Docket Section address given in the ADDRESSES section of this 
preamble and should refer to Docket No. A-95-48.
    A verbatim transcript of the hearing and written statements will be 
available for public inspection and copying during normal working hours 
at the EPA's Air Docket Section in Washington, DC (see ADDRESSES 
section of this preamble).

B. Docket

    The docket is an organized and complete file of all the information 
submitted to or otherwise considered by the EPA in the development of 
this proposed rulemaking. The principal purposes of the docket are:
    (1) To allow interested parties to readily identify and locate 
documents so that they can intelligently and effectively participate in 
the rulemaking process; and
    (2) To serve as the record in case of judicial review (except for 
interagency review materials [section 307(d)(7)(A)]).

C. Executive Order 12866

    Under Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

D. Enhancing the Intergovernmental Partnership Under Executive Order 
12875

    In compliance with Executive Order 12875 the EPA has involved State 
and local Governments in the development of this rule. These 
governments are not directly impacted by the rule; i.e., they are not 
required to purchase control systems to meet the requirements of the 
rule. However, they will be required to implement the rule; e.g., 
incorporate the rule into permits and enforce the rule. They will 
collect permit fees that will be used to offset the resource burden of 
implementing the rule. Three representatives of the State and local 
governments have been members of the EPA Work Group developing the 
rule. The Work Group has met numerous times, and comments have been 
solicited from the Work Group members, including the State 
representatives; and their comments

[[Page 68417]]

have been carefully considered in the rule development. In addition, 
all States are encouraged to comment on this proposed rule during the 
public comment period, and the EPA intends to fully consider these 
comments in the final rulemaking.

E. Paperwork Reduction Act

    The information collection requirements in this proposed 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 (ICR) 
document has been prepared by the EPA (ICR) No. 1783.01) and a copy may 
be obtained from Sandy Farmer, OPPE Regulatory Information Division; 
U.S. EPA (2137); 401 M St., S.W.; Washington, DC 20460 or by calling 
(202) 260-2740.
    The information collection is needed as part of the overall 
compliance and enforcement program required by section 112 of the CAAA. 
The prescribed records and reports are necessary to enable the EPA to 
identify sources subject to the emission standards and to ensure that 
the standards are being achieved. All information submitted to the EPA 
for which a claim of confidentiality is made will be safeguarded 
according to the Agency policies set forth in 40 CFR part 2, subpart 
B--Confidentiality of Information.
    The public reporting burden for this collection of information is 
estimated to average 101 hours per respondent per year. The average 
burden for the 78 affected slabstock foam producers is somewhat higher 
than this estimate, due to their monthly recordkeeping and semiannual 
reporting requirements, while the average burden for the 98 affected 
molded foam manufacturers is less than 101 hours, since they are only 
required to submit an initial one-time notification of compliance. No 
cost burden associated with the purchase of new equipment or technology 
is estimated to result from this collection of information.
    ``Burden'' means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information, unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OPPE Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M St., S.W.; Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., N.W., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' Include the ICR number in any 
correspondence. Since OMB is required to make a decision concerning the 
ICR between 30 and 60 days after December 27, 1996 a comment to the OMB 
is best assured of having its full effect if the OMB receives it by 
January 27, 1997. The final rule will respond to any OMB or public 
comments on the information collection requirements contained in this 
proposal.

F. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), as amended, Pub. L. 104-121, 110 Stat. 847, the EPA 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities and therefore no initial 
regulatory flexibility analysis under section 604(a) of the Act is 
required.
    Due to insufficient data on the ownership of the plants in the 
flexible polyurethane foam industry, an analysis of each parent company 
in the industry was not feasible. Consequently, the EPA used data 
collected in the section 114 survey to evaluate the impact on small 
businesses based on model facilities. That analysis indicates that 
there is a total of approximately 121 businesses (31 slabstock, 90 
molded) that are affected by the proposed regulation, of which 
approximately 71 are small businesses (18 slabstock, 53 molded).
    The calculation of average compliance costs as a percent of 
revenues is less than one percent for nearly all model facilities in 
the analysis. The analysis also indicates a potential for business 
courses ranging from 0 to 3 of the total number of estimated entities. 
However, because there is insufficient data to determine the exact size 
of the plants that may close, the analysis cannot determine if these 
impacts will occur at small businesses. Given the results of the 
analysis and the use of worst-case assumptions in the closure analysis, 
the EPA believes that the affect of the proposed regulation on small 
businesses will be minimal.

G. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year. Before promulgating an EPA rule for which a 
written statement is needed, section 205 of the UMRA generally requires 
the EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows the EPA to adopt an 
alternative other than the least costly, most cost-effective, or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before the 
EPA establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in aggregate, or the private 
sector in any one year, because

[[Page 68418]]

they contain no requirements that apply to such governments or impose 
obligations upon them.

H. Miscellaneous

    In accordance with section 117 of the Act, publication of this 
proposal was preceded by consultation with appropriate advisory 
committees, independent experts, and Federal departments and agencies. 
The Administrator will welcome comments on all aspects of this proposed 
regulation, including health, economic and technical issues, and on the 
proposed test methods.
    This regulation will be reviewed 8 years from the date of 
promulgation. This review will include an assessment of such factors as 
evaluation of the residual health and environmental 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.

List of Subjects in 40 CFR Part 63

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

    Dated: December 9, 1996.
Carol M. Browner,
Administrator.

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

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

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

    Authority: 42 U.S.C. 7401, et seq.

    2. It is proposed that part 63 be amended by adding subpart III, 
consisting of Secs. 63.1290 through 63.1307, to read as follows:
Subpart III--National Emission Standards for Hazardous Air Pollutant 
Emissions from Flexible Polyurethane Foam Production
Sec.
63.1290  Applicability.
63.1291  Compliance schedule.
63.1292  Definitions.
63.1293  Standards for slabstock flexible polyurethane foam 
production.
63.1294  Standards for slabstock flexible polyurethane foam 
production--diisocyanate emissions.
63.1295  Standards for slabstock flexible polyurethane foam 
production--HAP ABA storage vessels.
63.1296  Standards for slabstock flexible polyurethane foam 
production--HAP ABA equipment leaks.
63.1297  Standards for slabstock flexible polyurethane foam 
production--HAP ABA emissions from the production line.
63.1298  Standards for slabstock flexible polyurethane foam 
production--HAP emissions from equipment cleaning.
63.1299  Standards for slabstock flexible polyurethane foam 
production--source-wide emission limitation.
63.1300  Standards for molded flexible polyurethane foam production.
63.1301  Standards for rebond foam production.
63.1302  Applicability of subpart A requirements.
63.1303  Monitoring requirements.
63.1304  Testing requirements.
63.1305  Alternative means of emission limitation.
63.1306  Reporting requirements.
63.1307  Recordkeeping Requirements.

Subpart III--National Emission Standards for Hazardous Air 
Pollutant Emissions from Flexible Polyurethane Foam Production


Sec. 63.1290  Applicability.

    (a) The provisions of this subpart apply to each new and existing 
flexible polyurethane foam or rebond foam process that meets the 
criteria listed in paragraphs (a) (1) through (3) of this section:
    (1) Produces flexible polyurethane or rebond foam;
    (2) Uses a HAP, except as provided in paragraph (c)(2) of this 
section; and
    (3) Is located at a major source plant site.
    (b) For the purpose of this subpart, an affected source includes 
all processes meeting the criteria in paragraphs (a)(1) through (a)(3) 
of this section that are located at a contiguous plant site.
    (c) A process meeting one of criteria listed in paragraphs (c) (1) 
through (3) of this section shall not be subject to the provisions of 
this subpart, but shall maintain supporting documentation of the 
applicable criteria.
    (1) A process located at a plant site for which the plant site does 
not have a potential to emit more than 10 tons per year of any single 
HAP, or more than 25 tons per year of all HAP. A limitation on 
potential to emit may be obtained by notifying the Administrator of a 
commitment to maintain emissions below the major source levels noted in 
the Precompliance Report, as specified in Sec. 63.1306(c)(9), and 
following the applicable reporting and recordkeeping procedures.
    (2) A process exclusively dedicated to the fabrication of flexible 
polyurethane foam; or
    (3) A research and development process.


Sec. 63.1291  Compliance schedule.

    (a) Existing affected sources shall be in compliance with all 
provisions of this subpart no later than [3 years from effective date 
of final rule].
    (b) New or reconstructed affected sources shall be in compliance 
with all provisions of this subpart upon startup.


Sec. 63.1292  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart A of this part, and in this section. If a term is 
defined in subpart A and in this section, it shall have the meaning 
given in this section for purposes of this subpart.
    Auxiliary blowing agent, or ABA, means a low-boiling point liquid 
added to assist foaming by generating gas beyond that resulting from 
the isocyanate-water reaction.
    Breakthrough means that point in the adsorption step when the mass 
transfer zone (i.e., the section of the carbon bed where the adsorbate 
is removed from the carrier gas stream) first reaches the carbon bed 
outlet as the mass transfer zone moves down the bed in the direction of 
flow. The breakthrough point is characterized by the beginning of a 
sharp increase in the outlet adsorbate concentration.
    Calibrate means to verify the accuracy of a measurement device 
against a known standard. For the purpose of this subpart, there are 
two levels of calibration. The initial calibration includes the 
verification of the accuracy of the device over the entire operating 
range of the device. Subsequent calibrations can be conducted for a 
point or several points in a limited range of operation that represents 
the most common operation of the device.
    Canned motor pump means a pump with interconnected cavity housings, 
motor rotors, and pump casing. In a canned motor pump, the motor 
bearings run in the process liquid and all seals are eliminated.
    Carbon adsorption system means a system consisting of a tank or 
container that contains a specific quantity of activated carbon. For 
the purposes of this subpart, a carbon adsorption system is used as a 
control device for storage vessels. Typically, the spent carbon bed 
does not undergo regeneration, but is replaced.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A 
common connector is a flange. Joined fittings welded completely around 
the circumference of the interface are not considered to be connectors 
for the purposes of this subpart.

[[Page 68419]]

    Cured foam means flexible polyurethane foam with fully developed 
physical properties. A period of 12 to 24 hours from pour is typically 
required to completely cure foam, although mechanical or other devices 
are sometimes used to accelerate the curing process.
    Curing area means the area in a slabstock foam production facility 
where foam buns are allowed to fully develop physical properties.
    Diaphragm pump means a pump where the driving member is a flexible 
diaphragm made of metal, rubber, or plastic. In a diaphragm pump, there 
are no packing or seals that are exposed to the process liquid.
    Diisocyanate means a compound containing two isocyanate groups per 
molecule. The most common diisocyanate compounds used in the flexible 
polyurethane foam industry are toluene diisocyanate (TDI) and methylene 
diphenyl diisocyanate (MDI).
    Flexible polyurethane foam means a flexible cellular polymer 
containing urea and carbamate linkages in the chain backbone produced 
by reacting a diisocyanate, polyol, and water.
    Flexible polyurethane foam process means the equipment used to 
produce a flexible polyurethane foam product. For the purpose of this 
subpart, the flexible polyurethane foam process includes raw material 
storage; production equipment and associated piping, ductwork, etc.; 
and curing and storage areas.
    Grade of foam means foam with a distinct combination of indentation 
force deflection (IFD) and density values.
    HAP ABA means methylene chloride, or any other Hap compound used as 
an auxiliary blowing agent.
    High-pressure mixhead means a mixhead where mixing is achieved by 
impingement of the high pressure streams within the mixhead.
    Identation Force Deflection (IFD) means a measure of the load 
bearing capacity of flexible polyurethane foam. IFD is generally 
measured as the force (in pounds) required to compress a 50 square inch 
circular indentor foot into a four inch thick sample, typically 15 
inches square or larger, to 25 percent of the sample's initial height.
    In diisocyanate service means a piece of equipment that contains or 
contacts a diisocyanate.
    In HAP ABA service means a piece of equipment that contains or 
contacts a HAP ABA.
    Isocyanate means a reactive chemical grouping composed of a 
nitrogen atom bonded to a carbon atom bonded to an oxygen atom; or a 
chemical compound, usually organic, containing one or more isocyanate 
groups.
    Magnetic drive pump means a pump where an externally-mounted magnet 
coupled to the pump motor drives the impeller in the pump casing. In a 
magnetic drive pump, no seals contact the process fluid.
    Metering pump means a pump used to deliver reactants, ABA, or 
additives to the mixhead.
    Mixhead means a device that mixes two or more component streams 
before dispensing foam producing mixture to the desired container.
    Mold release agent means any material which, when applied to the 
mold surface, serves to prevent sticking of the foam part to the mold.
    Molded flexible polyurethane foam means a flexible polyurethane 
foam that is produced by shooting the foam mixture into a mold of the 
desired shape and size.
    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 otherwise operated by the same entity, parent 
entity, subsidiary, or any combination thereof.
    Rebond foam means the foam resulting from a process of adhering 
small particles of foam together to make a usable cushioning product. 
Various adhesives and bonding processes are used. A typical application 
for rebond foam is for carpet underlay.
    Rebond foam process means the equipment used to produce a rebond 
foam product. For the purpose of this subpart, the rebond foam process 
includes raw material storage; production equipment and associated 
piping, ductwork, etc.; and curing and storage areas.
    Reconstructed source means an affected source undergoing 
reconstruction, as defined in subpart A. For the purposes of this 
subpart, process modifications made to reduce HAP ABA emissions to meet 
the existing source requirements of this subpart shall not be counted 
in determining whether or not a change or replacement meets the 
definition of reconstruction.
    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, carbon 
absorbers, absorbers, and condensers.
    Research and development process means a laboratory or pilot plant 
operation 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 which is not 
engaged in the manufacture of products for commercial sale.
    Run of foam means a continuous production of foam, which may 
consist of several grades of foam.
    Sealless pump means a canned-motor pump, diaphragm pump, or 
magnetic drive pump, as defined in this section.
    Slabstock flexible polyurethane foam means flexible polyurethane 
foam that is produced in large continuous buns that are then cut into 
the desired size and shape.
    Slabstock flexible polyurethane foam production line includes all 
portions of the flexible polyurethane foam process from the mixhead to 
the point in the process where the foam is completely cured.
    Storage vessel means a tank or other vessel that is used to store 
diisocyanate or HAP ABA for use in the production of flexible 
polyurethane foam. Storage vessels do not include vessels with 
capacities smaller than 38 cubic meters (or 10,000 gallons).
    Transfer pump means all pumps used to transport diisocyanate or HAP 
ABA that are not metering pumps.
    Transfer vehicle means a railcar, tank truck, or other vehicle used 
to transport HAP ABA to the flexible polyurethane foam facility.


Sec. 63.1293  Standards for slabstock flexible polyurethane foam 
production.

    Each owner or operator of a new or existing slabstock affected 
source shall comply with Sec. 63.1294 and either paragraph (a) or (b) 
of this section:
    (a) The emission point specific limitations in Secs. 63.1295 
through 63.1298, or
    (b) For sources that use only one HAP as an ABA and equipment 
cleaner, the source-wide emission limitation in Sec. 63.1299.


Sec. 63.1294  Standards for slabstock flexible polyurethane foam 
production--diisocyanate emissions.

    Each new and existing slabstock affected source shall comply with 
the provisions of this section.
    (a) Diisocyanate storage vessels. Diisocyanate storage vessels 
shall be equipped with either a system meeting the requirements in 
paragraph (a)(1) of this section, or a carbon adsorption system meeting 
the requirements of paragraph (a)(2) of this section.
    (1) The storage vessel shall be equipped with a vapor return line 
from the storage vessel to the tank truck or rail car that is connected 
during unloading, and contains no leaks, where

[[Page 68420]]

a leak is detected by visual, audible, or any other detection method.
    (2) The storage vessel shall be equipped with a carbon adsorption 
system, meeting the monitoring requirements of Sec. 63.1303(a), that 
routes displaced vapors through activated carbon before being 
discharged to the atmosphere.
    (b) Transfer pumps in diisocyanate service. Each transfer pump in 
diisocyanate service shall meet the requirements of paragraph (b)(1) or 
(b)(2) of this section.
    (1) The pump shall be a sealless pump; or
    (2) The pump shall be a submerged pump system meeting the 
requirements in paragraphs (b)(2)(i) through (iii) of this section.
    (i) The pump is completely immersed in bis(2-ethylhexyl)phthalate 
(DEHP, CAS #118-81-7), 2(methyloctyl)phthalate (DINP, CAS #68515-48-0), 
or another neutral oil.
    (ii) The pump shall be visually monitored weekly to detect leaks,
    (iii) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (b)(2)(iii)(A) and (b) of this 
section.
    (A) The leak shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected.
    (B) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices where 
practicable:
    (1) Tightening of packing gland nuts.
    (2) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (c) Other components in diisocyanate service. If evidence of a leak 
is found by visual, audible, or any other detection method, it shall be 
repaired as soon as practicable, but not later than 15 calendar days 
after it is detected, except as provided in Sec. 63.1296(f). The first 
attempt at repair shall be made no later than 5 calendar days after 
each leak is detected.


Sec. 63.1295  Standards for slabstock flexible polyurethane foam 
production--HAP ABA storage vessels.

    Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a) shall control HAP ABA storage vessels in 
accordance with the provisions of this section.
    (a) Each HAP ABA storage vessel shall be equipped with either a 
vapor balance system meeting the requirements in paragraph (b) of this 
section, or a carbon adsorption system meeting the requirements of 
paragraph (c) of this section.
    (b) The storage vessel shall be equipped with a vapor balance 
system. The owner or operator must ensure that the vapor return line 
from the storage vessel to the tank truck or rail car is connected 
during unloading, and that there are no significant leaks in the 
system.
    (c) The storage vessel shall be equipped with a carbon adsorption 
system, meeting the monitoring requirements of Sec. 63.1303(a), that 
routes displaced vapors through activated carbon before discharging to 
the atmosphere.


Sec. 63.1296  Standards for slabstock flexible polyurethane foam 
production--HAP ABA equipment leaks.

    Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a) shall control HAP ABA emissions from leaks 
from transfer pumps, valves, connectors, pressure-relief valves, and 
open-ended lines in accordance with the provisions in this section.
    (a) Pumps. Each pump in HAP ABA service shall be controlled in 
accordance with either paragraph (a)(1) or (a)(2) of this section.
    (1) The pump shall be a sealless pump, or
    (2) Each pump shall be monitored for leaks in accordance with 
paragraphs (a)(2) (i) and (ii) of this section. Leaks shall be repaired 
in accordance with paragraph (a)(2)(iii) of this section.
    (i) Each pump shall be monitored quarterly to detect leaks by the 
method specified in Sec. 63.1304(a). If an instrument reading of 10,000 
parts per million (ppm) or greater is measured, a leak is detected.
    (ii) Each pump shall be checked by visual inspection each calendar 
week for indications of liquids dripping from the pump seal. If there 
are indications of liquids dripping from the pump seal, a leak is 
detected.
    (iii) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (a)(2)(iii) (A) and (B) of this 
section, except as provided in paragraph (f) of this section.
    (A) The leak shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected.
    (B) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices, where 
applicable:
    (1) Tightening of packing gland nuts.
    (2) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (b) Valves. Each valve in HAP ABA service shall be monitored for 
leaks in accordance with paragraph (b)(1) of this section, except as 
provided in paragraphs (b) (3) and (4) of this section. Leaks shall be 
repaired in accordance with paragraph (b)(2) of this section.
    (1) Each valve shall be monitored quarterly to detect leaks by the 
method specified in Sec. 63.1304(a). If an instrument reading of 10,000 
parts per million or greater is measured, a leak is detected.
    (2) When a leak is detected, the owner or operator shall repair the 
leak in accordance with the procedures in paragraphs (b)(2) (i) and 
(ii) of this section, except as provided in paragraph (f) of this 
section.
    (i) The leak shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected. First attempts at repair 
include, but are not limited to, the following practices where 
practicable:
    (A) Tightening of bonnet bolts;
    (B) Replacement of bonnet bolts;
    (C) Tightening of packing gland nuts; and
    (D) Injection of lubricant into lubricated packing.
    (3) Any valve that is designated as an unsafe-to-monitor valve is 
exempt from the requirements of paragraphs (b) (1) and (2) of this 
section if:
    (i) The owner or operator of the valve determines that the valve is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraphs (b) (1) 
and (2) of this section; and
    (ii) 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 monthly.
    (4) Any valve that is designated as a difficult-to-monitor valve is 
exempt from the requirements of paragraphs (b) (1) and (2) of this 
section if:
    (i) The owner or operator of the valve determines that the valve 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters above a support surface or it is not accessible at any 
time in a safe manner;
    (ii) The process within which the valve is located is an existing 
source, or the owner or operator designates less

[[Page 68421]]

than 3 percent of the total number of valves in a new source as 
difficult-to-monitor; and
    (iii) The owner or operator of the valve follows a written plan 
that requires monitoring of the valve at least once per calendar year.
    (c) Connectors. Each connector in HAP ABA service shall be 
monitored for leaks in accordance with paragraph (c)(1) of this 
section, except as provided in paragraphs (c) (3) and (4) of this 
section. Leaks shall be repaired in accordance with (c)(2) of this 
section.
    (1) Connectors shall be monitored at the times specified in 
paragraphs (c)(1) (i) through (iii) of this section to detect leaks by 
the method specified in Sec. 63.1304(a). If an instrument reading of 
10,000 ppm or greater is measured, a leak is detected.
    (i) Each connector shall be monitored annually, and
    (ii) Each connector that has been opened or has otherwise had the 
seal broken shall be monitored for leaks within the first 3 months 
after being returned to HAP ABA service.
    (iii) If a leak is detected, the connector shall be monitored for 
leaks in accordance with paragraph (c)(1) of this section within the 
first 3 months after its repair.
    (2) When a leak is detected, it shall be repaired in accordance 
with the procedures in paragraphs (c)(2) (i) and (ii) of this section, 
except as provided in paragraph (c)(4) and paragraph (f) of this 
section.
    (i) The leak shall be repaired as soon as practicable, but no later 
than 15 calendar days after the leak is detected.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (3) Any connector that is designated as an unsafe-to-monitor 
connector is exempt from the requirements of paragraph (c)(1) of this 
section if:
    (i) The owner or operator determines that the connector is unsafe 
to monitor because personnel would be exposed to an immediate danger as 
a result of complying with paragraph (c)(1) of this section; and
    (ii) 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 annually.
    (4) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (c)(1) and 
(c)(2) of this section if:
    (i) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraph (c)(2) of this section; and
    (ii) The connector will be repaired as soon as practicable, but not 
later than 6 months after the leak was detected.
    (d) Pressure-relief devices. Each pressure-relief device in HAP ABA 
service shall be monitored for leaks in accordance with paragraph 
(d)(1) of this section. Leaks shall be repaired in accordance with 
paragraph (d)(2) of this section.
    (1) Each pressure-relief device in HAP ABA service shall be 
monitored within 5 calendar days by the method specified in 
Sec. 63.1304(a) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method. If an instrument 
reading of 10,000 ppm or greater is measured, a leak is detected.
    (2) When a leak is detected, the leak shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in paragraph (f) of this section. The owner or 
operator shall make a first attempt at repair no later than 5 calendar 
days after the leak is detected.
    (e) Open-ended valves or lines.
    (1) Each open-ended valve or line in HAP ABA service shall be 
equipped with a cap, blind flange, plug, or a second valve, except as 
provided in paragraph (e)(5) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the 
open end at all times except during operations requiring process fluid 
flow through the open-ended valve or line, or during maintenance or 
repair.
    (3) Each open-ended valve or line equipped with a second valve 
shall be operated in a manner such that the valve on the process fluid 
end is closed before the second valve is closed.
    (4) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting 
the line between the block valves but shall comply with paragraph (a) 
of this section at all other times.
    (5) Open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process 
upset are exempt from the requirements of paragraphs (e) (1), (2), (3), 
and (4) of this section.
    (f) Delay of repair.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that 
does not remain in diisocyanate or HAP ABA service.
    (2) Delay of repair for valves and connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (ii) The purged material is collected and destroyed or recovered in 
a control device when repair procedures are effected.
    (3) Delay of repair for pumps is also allowed if repair requires 
replacing the existing seal design with a sealless pump, and repair is 
completed as soon as practicable, but not later than 6 months after the 
leak was detected.


Sec. 63.1297  Standards for slabstock flexible polyurethane foam 
production--HAP ABA emissions from the production line.

    (a) Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a)(1) shall control HAP ABA emissions from the 
slabstock polyurethane foam production line in accordance with the 
provisions in this section. Compliance shall be determined on a rolling 
annual basis as described in paragraph (a)(1) of this section. As an 
alternative, the owner or operator can determine compliance on a 
monthly basis, as described in paragraphs (a)(2) and (a)(3) of this 
section.
    (1) Rolling annual compliance. In determining compliance on a 
rolling annual basis, actual HAP ABA emissions shall be compared to 
allowable HAP ABA emissions for each consecutive 12-month period. The 
allowable HAP ABA emission level shall be calculated based on the 
production for the 12-month period, resulting in a potentially 
different allowable level for each 12-month period. Compliance shall be 
determined each month for the previous 12-month period. The compliance 
requirements are provided in paragraph (b) of this section.
    (2) Monthly compliance alternative. As an alternative to 
determining compliance on a rolling annual basis, an owner or operator 
can determine compliance by comparing actual HAP ABA emissions to 
allowable HAP ABA emissions for each month. The allowable HAP ABA 
emission level shall be calculated based on the production for the 
month, resulting in a potentially different allowable level each month. 
The requirements for this monthly compliance alternative are provided 
in paragraph (c) of this section.
    (3) Each owner or operator complying with the monthly compliance 
alternative described under paragraph

[[Page 68422]]

(a)(2) of this section shall include notification of the intent to use 
this option in the precompliance report.
    (4) Each owner or operator electing to change between the 
compliance methods described under paragraphs (a)(1) and (a)(2) of this 
section shall notify the Administrator no later than 180 days prior to 
the change.
    (b) Rolling Annual Compliance. At each slabstock foam production 
source complying with the rolling annual compliance provisions 
described in Sec. 63.1297(a)(1), actual HAP ABA emissions shall not 
exceed the allowable HAP ABA emission level for a consecutive 12-month 
period. The actual HAP ABA emission level for a consecutive 12-month 
period shall be determined using the procedures in paragraph (b)(1) of 
this section, and the allowable HAP ABA emission level for the 
corresponding 12-month period shall be calculated in accordance with 
paragraph (b)(2) of this section.
    (1) The actual HAP ABA emissions for a 12-month period shall be 
calculated as the sum of actual monthly HAP ABA emissions for each of 
the individual 12 months in the period. Actual monthly HAP ABA 
emissions shall be based on the amount of HAP ABA added to the 
slabstock foam production line at the mixhead, determined in accordance 
with Sec. 63.1303(b). Slabstock foam production sources using recovery 
devices to reduce HAP ABA emissions shall determine actual monthly HAP 
ABA emissions using the procedures in paragraph (e) of this section.
    (2) The allowable HAP ABA emissions for a consecutive 12-month 
period shall be calculated as the sum of allowable monthly HAP ABA 
emissions for each of the individual 12 month shall be calculated using 
Equation 1.
[GRAPHIC] [TIFF OMITTED] TP27DE96.004

Where:

emissallow, month = Allowable HAP ABA emissions from the 
slabstock foam production source for the month, pounds.
m = Number of slabstock foam production lines.
polyoli = Amount of polyol used in the month in the production 
of foam grade i on foam production line j, determined in accordance 
with paragraph (b)(3) of this section, pounds.
n = Number of foam grades produced in the month on foam production 
line j.
limiti = HAP ABA formulation limit for foam grade i, parts HAP 
ABA per 100 parts polyol. The HAP ABA formulation limits are 
determined in accordance with paragraph (d) of this section.

    (3) The amount of polyol used for specific foam grades shall be 
based on the amount of polyol added to the slabstock foam production 
line at the mixhead, determined in accordance with the provisions of 
Sec. 63.1303(b).
    (c) Monthly Compliance Alternative. At each slabstock foam 
production source complying with the monthly compliance alternative 
described in paragraph (a)(2) of this section, actual HAP ABA emissions 
shall not exceed the corresponding allowable HAP ABA emission level for 
the same month. The actual monthly HAP ABA emission level shall be 
determined using the procedures in paragraph (c)(1) of this section, 
and the allowable monthly HAP ABA emission level shall be calculated in 
accordance with paragraph (c)(2) of this section.
    (1) The actual monthly HAP ABA emission shall be based on the 
amount of HAP ABA added to the slabstock foam production line at the 
mixhead, determined in accordance with Sec. 63.1303(b). Slabstock foam 
production sources using recovery devices to reduce HAP ABA emissions 
shall determine actual monthly HAP ABA emissions using the procedures 
in paragraph (e) of this section.
    (2) The allowable HAP ABA emissions for the month shall be 
determined in accordance with Equation 1.
    (d) HAP ABA Formulation Limitations. The HAP ABA formulation 
limitations shall be determined in accordance with paragraphs (d)(1) 
through (d)(3) of this section.
    (1) For existing sources, the HAP ABA formulation limitation for 
each grade of slabstock foam produced shall be determined using 
Equation 2.
[GRAPHIC] [TIFF OMITTED] TP27DE96.005

Where:

ABAlimit = HAP ABA formulation limitation, parts HAP ABA 
allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEAN = Density, pounds per cubic foot.

    (2) For new sources, the HAP ABA formulation limitation for each 
grade of slabstock foam produced shall be determined as described in 
paragraphs (d)(2)(i) through (d)(2)(iv) of this section.
    (i) For each foam grade with a density of 0.95 pounds per cubic 
foot or less, the HAP ABA formulation limitation shall be determined 
using Equation 2.
    (ii) For each foam grade with a density of 1.4 pounds per cubic 
foot or less, and an IFD of 15 pounds or less, the HAP ABA formulation 
limitation shall be determined using Equation 2.
    (iii) For each foam grade with a density greater than 0.95 pounds 
per cubic foot and an IDF greater than 15 pounds, the HAP ABA 
formulation limitation shall be zero.
    (iv) For each foam grade with a density greater than 1.40 pounds 
per cubic foot, the HAP ABA formulation limitation shall be zero.
    (3) The IFD and density for each foam grade shall be determined in 
accordance with Sec. 63.1304(b).
    (e) Compliance using recovery devices. If a recovery device is used 
to comply with paragraphs (b) through (c) of this section, the owner or 
operator shall determine the allowable HAP ABA emissions for each month 
using Equation 1 in paragraph (b)(2) of this section, and the actual 
monthly HAP ABA emissions in accordance with paragraph (e)(1) of this 
section. The owner or operator shall also comply with the provisions of 
paragraph (e)(2) of this section.
    (1) The actual monthly HAP ABA emissions shall be determined using 
Equation 3.

[[Page 68423]]

[GRAPHIC] [TIFF OMITTED] TP27DE96.006


Where:

Eactual = Actual HAP ABA emissions after control, pounds/month.
Eunc = Uncontrolled HAP ABA emissions, pounds/month, determined 
in accordance with paragraph (b)(2) of this section.
HAPABArecovered = HAP ABA recovered, pounds/month, determined 
in accordance with paragraph (e)(2) of this section.

    (2) The amount of HAP ABA recovered shall be determined in 
accordance with Sec. 63.1303(c).


Sec. 63.1298  Standards for slabstock flexible polyurethane foam 
production--HAP emissions from equipment cleaning.

    Each owner or operator of a new or existing slabstock affected 
source complying with the emission point specific limitation option 
provided in Sec. 63.1293(a)(1) shall not use a HAP, or a HAP-containing 
product, as an equipment cleaner.


Sec. 63.1299  Standards for slabstock flexible polyurethane foam 
production--source-wide emission limitation.

    Each owner or operator of a new or existing slabstock affected 
source complying with the source-wide emission limitation option 
provided in Sec. 63.1293(a)(2) shall control HAP ABA storage and 
equipment leak emissions, HAP ABA emissions from the production line, 
and equipment cleaning HAP emissions in accordance with the provisions 
in this section. Compliance shall be determined on a rolling annual 
basis in accordance with paragraph (a) of this section. As an 
alternative, the owner or operator can determine compliance monthly, as 
described in paragraph (b) of this section.
    (a) Rolling annual compliance. Under the rolling annual compliance 
provisions, actual source-wide HAP ABA storage and equipment leak 
emissions, HAP ABA emissions from the production line, and equipment 
cleaning HAP emissions are compared to allowable source-wide emissions 
for each consecutive 12-month period. The allowable source-wide HAP 
emission level is calculated based on the production for the 12-month 
period, resulting in a potentially different allowable level for each 
12-month period. While compliance is on an annual basis, compliance 
shall be determined monthly for the preceding 12-month period. The 
actual source-wide HAP emission level for a consecutive 12-month period 
shall be determined using the procedures in paragraph (c) of this 
section, and the allowable HAP emission level for a consecutive 12-
month period shall be determined using the procedures in paragraph (d) 
of this section.
    (b) Monthly compliance alternative. As an alternative to 
determining compliance on a rolling annual basis, an owner or operator 
can determine compliance by comparing actual HAP emissions to allowable 
HAP emissions for each month. The allowable source-wide emission level 
is calculated based on the production for the month, resulting in a 
potentially different allowable level each month. The actual monthly 
emission level shall be determined using the procedures in paragraph 
(c) of this section, and the allowable monthly HAP ABA emission level 
shall be determined using the procedures in paragraph (e) of this 
section.
    (c) Procedures for determining actual source-wide HAP emissions. 
The actual source-wide HAP ABA storage and equipment leak emissions, 
HAP ABA emissions from the production line, and equipment cleaning HAP 
emissions shall be determined using the procedures in this section. 
Actual source-wide HAP emissions for each consecutive 12-month period 
shall be calculated as the sum of actual monthly source-wide HAP 
emissions for each of the individual 12 months in this period. Actual 
source-wide HAP emissions for each individual month shall be determined 
using the procedures specified in paragraphs (c) (1) through (3) of 
this section.
    (1) The actual source-wide HAP emissions for a month shall be 
determined using Equation 4 and the information determined in 
accordance with paragraphs (c) (2) and (3) of this section.
[GRAPHIC] [TIFF OMITTED] TP27DE96.007

Where:

PWEactual = Actual source-wide HAP ABA and equipment cleaning 
HAP emissions for a month, pounds/month.
n = Number of HAP ABA storage vessels.
STi, begin = Amount of HAP ABA in storage vessel i at the 
beginning of the month, pounds, determined in accordance with the 
procedures listed in paragraph (c)(2) of this section.
STi, end = Amount of HAP ABA in storage vessel i at the end of 
the month, pounds, determined in accordance with the procedures 
listed in paragraph (c)(2) of this section.
ADDi = Amount of HAP ABA in storage vessel i at the end of the 
month, pounds, determined in accordance with the procedures listed 
in paragraph (c)(1)(3) of this section.

    (2) The amount of HAP ABA in a storage vessel shall be determined 
by monitoring the HAP ABA level in the storage vessel in accordance 
with Sec. 63.1303(d).
    (3) The amount of HAP ABA added to a storage vessel for a given 
month shall be the sum of the amounts of all individual HAP ABA 
deliveries that occur during the month. The amount of each individual 
HAP ABA delivery shall be determined in accordance with 
Sec. 63.1303(e).
    (4) At each slabstock foam production source complying with the 
monthly compliance alternative described in paragraph (b) of this 
section, the actual source-wide HAP emissions for each month shall be 
calculated in accordance with paragraphs (c) (1) through (3) of this 
section.
    (d) The allowable HAP emissions for a consecutive 12-month period 
shall be calculated as the sum of allowable monthly HAP ABA emissions 
for each of the individual 12 months in the period. Allowable HAP ABA 
emissions for each individual month shall be calculated using Equation 
5.

[[Page 68424]]

[GRAPHIC] [TIFF OMITTED] TP27DE96.008


Where:

emissallow,month = Allowable HAP ABA storage and equipment leak 
emissions HAP ABA emissions from the production line, and equipment 
cleaning HAP emissions from the slabstock foam production source for 
the month, pounds.
m = Number of slabstock foam production lines.
polyoli = Amount of polyol used in the month in the production 
of foam grade i on foam production line j, determined in accordance 
with Sec. 63.1303(b), pounds.
n = Number of foam grades produced in the month on foam production 
line j.
limiti = HAP ABA formulation limit for foam grade i, parts HAP 
ABA per 100 parts polyol. The HAP ABA formulation limits are 
determined in accordance with Sec. 63.1297(d).


Sec. 63.1300  Standards for molded flexible polyurethane foam 
production.

    Each owner or operator of a new or existing molded affected source 
shall comply with the provisions in paragraphs (a), (b), and (c) of 
this section.
    (a) A HAP solvent shall not be used as an equipment cleaner to 
flush the mixhead, nor shall it be used elsewhere at a molded flexible 
polyurethane foam source.
    (b) A HAP-based mold release agent shall not be used in a molded 
flexible foam source.
    (c) A HAP-based adhesive shall not be used to repair foam products 
in a molded flexible polyurethane foam source.


Sec. 63.1301  Standards for rebond foam production.

    Each owner or operator of a new or existing rebond foam affected 
source shall comply with the provisions in paragraphs (a) and (b) of 
this section.
    (a) A HAP solvent shall not be used as an equipment cleaner at a 
rebond foam source.
    (b) A HAP-based mold release agent shall not be used in a rebond 
foam source.


Sec. 63.1302  Applicability of subpart A requirements.

    Table 1 provides cross references to 40 CFR part 63, subpart A, 
indicating the applicability of the general provisions requirements to 
subpart III.


Sec. 63.1303  Monitoring requirements.

    Owners and operators of affected sources shall comply with each 
applicable monitoring provision in this section.
    (a) Monitoring requirements for storage vessel carbon adsorption 
systems. Each owner or operator using a carbon adsorption system to 
meet the requirements of Sec. 63.1294(a) or Sec. 63.1295 shall monitor 
the concentration level of the HAP or the organic compounds in the 
exhaust vent stream (or outlet stream exhaust) from the carbon 
adsorption system monthly and replace the existing carbon with fresh 
carbon immediately upon indication of carbon breakthrough.
    (1) As an alternative to monthly monitoring, the owner or operator 
can set the monitoring frequency at an interval no greater than 20 
percent of the carbon replacement interval, which is established using 
a design analysis described in paragraphs (a)(1)(i) through (iii) of 
this section.
    (i) The design analysis shall consider the vent stream composition, 
constituent concentration, flow rate, relative humidity, and 
temperature.
    (ii) The design analysis shall establish the outlet organic 
concentration level, the capacity of the carbon bed, and the working 
capacity of activated carbon used for the carbon bed, and
    (iii) The design analysis shall establish the carbon replacement 
interval based on the total carbon working capacity of the carbon 
adsorption system and the schedule for filling the storage vessel.
    (2) Measurement of HAP concentration shall be made using 40 CFR 
part 60, appendix A, Method 18. The measurement shall be conducted over 
at least one 5-minute interval during which the storage vessel is being 
filled.
    (b) Monitoring for HAP ABA and polyol added to the foam production 
line at the mixhead.
    (1) The owner or operator of each slabstock affected source shall 
comply with the provisions in paragraph (b)(1)(i) of this section, and 
the provisions of paragraph (b)(1)(ii) of this section, if applicable.
    (i) All slabstock affected sources shall continuously monitor the 
amount of polyol added at the mixhead when foam is being poured, in 
accordance with paragraphs (b)(2) and (4) of this section.
    (ii) For sources using the emission point specific limitation 
option provided in Sec. 63.1293(a)(1), the amount of HAP ABA added at 
the mixhead shall be continuously monitored when foam is being poured 
in accordance with paragraphs (b)(2)(ii), (3), and (4) of this section.
    (2) The owner or operator shall monitor either:
    (i) Pump revolutions; or
    (ii) Flow rate.
    (3) The device used to monitor the parameter from paragraph (b)(2) 
shall have an accuracy to within  2.0 percent of the HAP 
ABA being measured, and shall be calibrated initially, and 
periodically, in accordance with paragraph (b)(3) (i) or (ii) of this 
section.
    (i) For polyol pumps, the device shall be calibrated at least once 
each 6 months.
    (ii) For HAP ABA pumps, the device shall be calibrated at least 
once each month.
    (4) Measurements must be recorded at the beginning and end of the 
production of each grade of foam within a run of foam.
    (5) As an alternative to the monitoring described in paragraphs (b) 
(2) through (4) of this section, the owner or operator may develop an 
alternative monitoring program. The components of an alternative 
monitoring plan shall include, at a minimum, the items listed in 
paragraphs (b)(5) (i) through (iv) of this section.
    (i) A description of the parameter to be continuously monitored 
when foam is being poured to measure the amount of HAP ABA or polyol 
added at the mixhead.
    (ii) A description of how the monitoring results will be recorded, 
and how the results will be converted into amount of HAP ABA or polyol 
delivered to the mixhead.
    (iii) Data demonstrating that the monitoring device is accurate to 
within  2.0 percent.
    (iv) Procedures to ensure that the accuracy of the parameter 
monitoring results is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices.
    (c) Recovered HAP ABA monitoring. The owner or operator of each 
slabstock affected source using a recovery device to reduce HAP ABA 
emissions shall develop a recovered HAP ABA monitoring and 
recordkeeping program. The components of these plans shall include, at 
a minimum, the items listed in paragraphs (c) (1) through (5) of this 
section.
    (1) A device, installed, calibrated, maintained, and operated 
according to the manufacturer's specifications, that

[[Page 68425]]

indicates the cumulative amount of HAP ABA recovered by the solvent 
recovery device over each 1-month period. The device shall be certified 
by the manufacturer to be accurate to within  2.0 percent.
    (2) The location where the monitoring will occur. The location 
shall ensure that the measurements are taken after HAP ABA has been 
fully recovered (i.e., after separation from water introduced into the 
HAP ABA during regeneration).
    (3) A description of the parameter to be monitored, and the times 
the parameter will be monitored.
    (4) Data demonstrating that the monitoring device is accurate to 
within  2.0 percent.
    (5) Procedures to ensure that the accuracy of the parameter 
monitoring results is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices.
    (d) Monitoring of HAP ABA in a Storage Vessel. The amount of HAP 
ABA in a storage vessel shall be determined weekly by monitoring the 
HAP ABA level in the storage vessel using a device that meets the 
criteria described in paragraphs (d)(1) through (d)(3) of this section.
    (1) A device certified by the manufacturer to be no less than 99 
percent accurate,
    (2) The device must have either a digital or printed output,
    (3) The device must be calibrated initially and at least once per 
year thereafter.
    (e) Monitoring of HAP ABA added to a Storage Vessel. The amount of 
HAP ABA added to a storage vessel during a delivery shall be determined 
in accordance with either paragraphs (e) (1), (2), or (3) of this 
section.
    (1) The volume of HAP ABA added to the storage vessel shall be 
determined by monitoring the flow rate using a device with an accuracy 
of  2.0 percent, and calibrated initially and at least once 
each six months thereafter.
    (2) The weight of HAP ABA added to the storage vessel shall be 
calculated as the difference of the full weight of the transfer vehicle 
prior to unloading into the storage vessel and the empty weight of the 
transfer vehicle after unloading into the storage vessel. The weight 
shall be determined using a scale meeting the requirements of either 
paragraph (e)(2) (i) or (ii) of this section.
    (i) A scale approved by the State or local agencies using the 
procedures contained in the National Institute of Standards and 
Technology Handbook 44.
    (ii) A scale determined to be in compliance with the requirements 
of the National Institute of Standards and Technology Handbook 44 at 
least once per year by a registered scale technician.
    (3) As an alternative to the monitoring options described in 
paragraphs (e)(1) and (e)(2) of this section, the owner or operator may 
develop an alternative monitoring program shall include, at a minimum, 
the items listed in paragraphs (e)(3) (i) through (iv) of this section.
    (i) A description of the parameter to be monitored to determine the 
amount of HAP ABA added to the storage vessel during a delivery,
    (ii) A description of how the results will be recorded, and how the 
results will be converted into the amount of HAP ABA added to the 
storage vessel during a delivery,
    (iii) Data demonstrating that the monitoring device is accurate to 
within  2.0 percent, and
    (iv) Procedures to ensure that the accuracy of the monitoring 
measurements is maintained. These procedures shall, at a minimum, 
consist of periodic calibration of all monitoring devices.


Sec. 63.1304  Testing Requirements.

    Owners and operators of affected sources shall use the test methods 
listed in this section, as applicable, to demonstrate compliance with 
this subpart.
    (a) Test Method and Procedures to Determine Equipment Leaks. 
Monitoring, as required under Secs. 63.1294(c) and 63.1296, shall 
comply with the following requirements:
    (1) Monitoring shall comply 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 that the instrument 
response factor criteria in section 3.1.2(a) of Method 21 shall be for 
the average composition of the source fluid, rather than for each 
individual VOC in the stream. For source streams that contain nitrogen, 
air, or other inerts which are not HAP or VOC, the average stream 
response factor shall be calculated on an inert-free basis. The 
response factor may be determined at any concentration for which 
monitoring for leaks will be conducted.
    (3) The instrument shall be calibrated before use on each days of 
its use by the procedures specified in Method 21 of 40 CFR part 60, 
appendix A.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane and air at a concentration of 
approximately, 1,000 ppm for all transfer pumps; and 500 ppm for all 
other equipment, except as provided in paragraph (f)(4)(iii) of this 
section.
    (iii) The instrument may be calibrated at a higher methane 
concentration (up to 2,000 ppm) than the leak definition concentration 
for a specific piece of equipment for monitoring that piece of 
equipment. If the monitoring instrument's design allows for multiple 
calibration gas concentrations, then the lower concentration 
calibration gas shall be no higher than 2,000 ppm methane and the 
higher concentration calibration gas shall be no higher than 10,000 ppm 
methane.
    (5) Monitoring shall be performed when the equipment is in HAP ABA 
service, in use with an acceptable surrogate volatile organic compound 
which is not a HAP ABA, or is in use with any other detectable gas or 
vapor.
    (6) If no instrument is available onsite that will meet the 
performance criteria specified in section 3.1.2(a) of Method 21 of 40 
CFR Part 60, appendix A, the readings from an available instrument may 
be adjusted by multiplying by the average response factor for the 
stream.
    (b) Test Method to Determine Foam Properties. The IFD and density 
shall be determined using ASTM D3574, using a sample of foam cut from 
the center of the foam bun. The maximum sample size for which the IFD 
and density is determined shall not be larger than 24 inches by 24 
inches by 4 inches.


Sec. 63.1305  Alternative Means of Emission Limitation.

    An owner or operator of an affected source may request approval to 
use an alternative means of emission limitation, following procedures 
in this section.
    (a) The owner or operator can request approval to use an 
alternative means of emission, limitation in the precompliance report 
for existing sources, the application for construction or 
reconstruction for new sources, or at any time.
    (b) This request shall include a complete description of the 
alternative means of emission limitation.
    (c) Each owner or operator applying for permission to use an 
alternative means of emission limitation under Sec. 63.6(g) shall be 
responsible for collecting and verifying data to demonstrate the 
emission reduction achieved by the alternative means of emission 
limitation.
    (d) Use of the alternative means of emission limitation shall not 
begin until approval is granted by the Administrator in accordance with 
Sec. 63.6(g).

[[Page 68426]]

Sec. 63.1306   Reporting requirements.

    Owners and operators of affected sources shall comply with each 
applicable reporting provision in this section.
    (a) Initial Notification. Each affected source shall submit an 
initial notification in accordance with Sec. 63.9(b).
    (b) Application for Approval of Construction or Reconstruction. 
Each owner or operator shall submit an application for approval of 
construction or reconstruction in accordance with the provisions of 
Sec. 63.5(d).
    (c) Precompliance Report. Each slabstock affected source shall 
submit a precompliance report no later than (12 months before the 
compliance date). This report shall contain the information listed in 
paragraphs (c)(1) through (6) of this section, as applicable. Processes 
requesting a federally enforceable emission limitation in accordance 
with Sec. 63.1290(b)(1) shall submit a precompliance report in 
accordance with paragraph (c)(9) of this section.
    (1) Whether the source will comply with the emission point specific 
limitations described in Sec. 63.1293(a), or with the source-wide 
emission limitation described in Sec. 63.1293(b).
    (2) For a source complying with the emission point specific 
limitations, whether the source will comply on a rolling annual basis 
in accordance with Sec. 63.1297(b), or will comply with the monthly 
alternative for compliance contained in Sec. 63.1297(c).
    (3) For a source complying with the source-wide emission 
limitation, whether the source will comply on a rolling annual basis in 
accordance with Sec. 63.1299(a), or will comply with the monthly 
alternative for compliance contained in Sec. 63.1299(b).
    (4) A description of how HAP ABA and/or polyol added at the mixhead 
will be monitored, and whether or not the owner or operator is 
developing an alternative monitoring program, as described in 
Sec. 63.1303(b)(5).
    (5) Notification of the intent to use a recovery device to comply 
with the provisions of Sec. 63.1297 or Sec. 63.1299.
    (6) For slabstock affected sources complying with Sec. 63.1297 or 
Sec. 63.1299 using of a recovery device, the continuous recovered HAP 
ABA monitoring and recordkeeping program, developed in accordance with 
Sec. 63.1303(c).
    (7) For sources complying with the source-wide emission limitation, 
a description of how the amount of HAP ABA in a storage vessel shall be 
determined.
    (8) For sources complying with the source-wide emission limitation, 
a description of how the amount of HAP ABA added to a storage vessel 
during a delivery will be monitored, and whether or not the owner or 
operator is developing an alternative monitoring program, as described 
in Sec. 63.1303(e)(3).
    (9) Processes requesting a federally enforceable emission 
limitation in accordance with Sec. 63.1290(b)(1) shall submit a 
precompliance report. This report shall notify the Agency of the 
intention to limit emissions to less than 10 tons per year of any 
single HAP, and less than 25 tons per year of all HAP from the plant 
site. Notification of this status relieves the owner or operator from 
the provisions of this subpart, other than the requirements to annually 
report HAP emissions in accordance with (f)(3) of this section, and to 
maintain records documenting the reported emission estimates.
    (d) Notification of Compliance Status. Each affected source shall 
submit a notification of compliance status report no later than (180 
days after the compliance date). For slabstock affected sources, this 
report shall contain the information listed in paragraphs (d)(1) 
through (3) of this section, as applicable. This report shall contain 
information listed in paragraph (d)(4) of this section for molded foam 
processes and in paragraph (d)(5) for rebond foam processes.
    (1) A list of diisocyanate storage vessels, along with a record of 
the type of control utilized for each storage vessel.
    (2) For transfer pumps in diisocyanate service, a record of the 
type of control utilized for each transfer pump.
    (3) If the source is complying with the emission point specific 
limitations of Sec. Sec. 63.1294 through 63.1298, the information 
listed in paragraphs (b)(3)(i) through (iii) of this section.
    (i) A list of HAP ABA storage vessels, along with a record of the 
type of control utilized for each storage vessel.
    (ii) A list of pumps, valves, connectors, pressure-relief devices, 
and open-ended valves or lines in HAP ABA service.
    (iii) A list of any modifications to equipment in HAP ABA service 
made to comply with the provisions of Sec. 63.1296.
    (4) A statement that the molded foam affected source is in 
compliance with Sec. 63.1300, or a statement that molded foam processes 
at an affected source are in compliance with Sec. 63.1300.
    (5) A statement that the rebond foam affected source is in 
compliance with Sec. 63.1301, or that rebond processes at an affected 
source are in compliance with Sec. 63.1301.
    (e) Semi-Annual Compliance Reports. Each slabstock affected source 
shall submit a compliance report containing the information specified 
in paragraphs (e)(1) through (3) of this section semiannually no later 
than 60 days after the end of each 180 day period. The first report 
shall be submitted no later than 240 days after the date that the 
Notification of Compliance Status is due and shall cover the 6-month 
period beginning on the date that the Notification of Compliance Status 
Report is due.
    (1) For slabstock affected sources complying with the rolling 
annual compliance provisions of either Sec. 63.1297 or Sec. 63.1299, 
the allowable and actual HAP ABA emissions (or allowable and actual 
source-wide HAP emissions) for each of the 12-month periods ending on 
each of the six months in the reporting period. This information is not 
required to be included in the initial semi-annual compliance report.
    (2) For sources complying with the monthly compliance alternative 
of either Sec. 63.1297 or Sec. 63.1299, the allowable and actual HAP 
ABA emissions (or allowable and actual source-wide HAP emissions) for 
each of the six months in the reporting period.
    (3) For sources complying with the storage vessel provisions of 
Sec. 63.1294(a) or Sec. 63.1295 using a carbon adsorption system, 
instances where the carbon in the system is replaced, along with the 
date of the replacement.
    (4) Any equipment leaks that were not repaired in accordance with 
Sec. 63.1294(b) or Sec. 63.1296.
    (f) Other Reports.
    (1) Change in selected emission limitation. An owner or operator 
electing to change their slabstock flexible polyurethane foam emission 
limitation (from emission point specific limitations to a source-wide 
emission limitation, or vice versa), selected in accordance with 
Sec. 63.1293, shall notify the Administrator no later than 180 days 
prior to the change.
    (2) Change in selected compliance method. An owner or operator 
changing the period of compliance for either Sec. 63.1297 or 
Sec. 63.1299 (between rolling annual and monthly) shall notify the 
Administrator no later than 180 days prior to the change.
    (3) Annual emission reports for area sources. Processes exempted 
from this subpart through a federally enforceable emission limitation 
in accordance with Sec. 63.1290(b)(1), and that have notified the 
Administrator of this self-imposed limitation through 
Sec. 63.1306(c)(9), shall

[[Page 68427]]

submit an annual emission report. This report shall be submitted once 
per year and shall report the total HAP emissions for the plant site 
for the previous 12-month period.


Sec. 63.1307  Recordkeeping requirements.

    The applicable records designated in paragraphs (a) through (c) of 
this section shall be maintained by owners and operators of processes 
exempted from this subpart through a federally enforceable emission 
limitation in accordance with Sec. 63.1290(b)(1) shall maintain records 
in accordance with paragraph (d) of this section.
    (a) Storage Vessel Records.
    (1) A list of diisocyanate storage vessels, along with a record of 
the type of control utilized for each storage vessel.
    (2) For each slabstock affected source complying with the emission 
point specific limitations of Secs. 63.1294 through 63.1298, a list of 
HAP ABA storage vessels, along with a record of the type of control 
utilized for each storage vessel.
    (3) For storage vessels complying through the use of a carbon 
adsorption system, paragraph (a)(3) (i) or (ii), and paragraph 
(a)(3)(iii) of this section.
    (i) Records of dates and times when the carbon absorption system is 
monitored for carbon breakthrough and the monitoring device reading, 
when the device is monitored monthly in accordance with 
Sec. 63.1303(a); or
    (ii) For affected sources monitoring at an interval no greater than 
20 percent of the carbon replacement interval, in accordance with 
Sec. 63.1303(a)(1), the records listed in paragraphs (a)(3)(ii) (A) and 
(B) of this section.
    (A) Records of the design analysis, including all the information 
listed in Sec. 63.1303(a)(1) (i) through (iii), and
    (B) Records of dates times when the carbon adsorption system is 
monitored for carbon breakthrough and the monitoring device reading.
    (iii) Date when the existing carbon in the carbon adsorption system 
is replaced with fresh carbon.
    (b) Equipment Leak Records.
    (1) A list of components as specified in paragraphs (b)(1) (i) and 
(ii) of this section.
    (i) For all affected sources, a list of components in diisocyanate 
service,
    (ii) For affected sources complying with the emission point 
specific limitations of Secs. 63.1294 through 63.1298, a list of 
components in HAP ABA service.
    (2) For transfer pumps in diisocyanate service, a record of the 
type of control utilized for each transfer pump and the date of 
installation.
    (3) When a leak is detected as specified in Sec. 63.1294(b)(2)(ii), 
Sec. 63.1294(c), Sec. 63.1296(a)(2), (b)(1), (c)(1), and (d)(1), the 
requirements listed in paragraphs (b)(3) (i) and (ii) of this section 
apply:
    (i) Leaking equipment shall be identified in accordance with the 
requirements in paragraphs (b)(3)(i) (A) and through (C) of this 
section.
    (A) A readily visible identification, marked with the equipment 
identification number, shall be attached to the leaking equipment.
    (B) The identification on a valve may be removed after it has been 
monitored for 2-successive months as specified in Sec. 63.1296(b)(1) 
and no leak has been detected during those 2 months.
    (C) The identification on equipment, other than a valve, may be 
removed after it has been repaired.
    (ii) The information in paragraphs (b)(2)(ii) (A) through (G) shall 
be recorded for leaking components.
    (A) The instrument and operator identification numbers and the 
equipment identification number.
    (B) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (C) Repair methods applied in each attempt to repair the leak.
    (D) The words ``above leak definition'' if the maximum instrument 
reading measured by the methods specified in Sec. 63.1296(f) after each 
repair attempt is equal or greater than the leak definitions for the 
specified equipment.
    (E) The words ``repair delayed'' and the reason for the delay if a 
leak is not repaired within 15 calendar days after discovery of the 
leak.
    (F) The expected date of the successful repair of the leak if a 
leak is not repaired within 15 days.
    (G) The date of successful repair of the leak.
    (H) The date the identification is removed.
    (c) HAP ABA Records.
    (1) Emission Point Specific Limitations--Rolling Annual Compliance 
and Monthly Compliance Alternative Records. Each slabstock affected 
source complying with the emission point specific limitations of 
Secs. 63.1294 through 63.1298, and the rolling annual compliance 
provisions of Sec. 63.1297(a)(1), shall maintain the records listed in 
paragraphs (c)(1) (i), (ii), (iii), and (iv) of this section. Each 
flexible polyurethane foam slabstock source complying with the emission 
point specific limitations of Secs. 63.1294 through 63.1298, and the 
monthly compliance alternative of Sec. 63.1297(a)(2), shall maintain 
the records listed in paragraphs (c)(1) (i), (ii), and (iv) of this 
section.
    (i) Daily records of the information listed below in paragraphs 
(c)(1)(i) (A) through (C) of this section.
    (A) A log of foam runs each day, identified by the amount of each 
grade produced during the run.
    (B) Results of the density and IFD testing for each run of foam, 
conducted in accordance with the procedures in Sec. 63.1304(b).
    (C) The amount of polyol added to the slabstock foam production 
line at the mixhead for each run of foam, determined in accordance with 
Sec. 63.1303(b).
    (ii) Monthly records of the information listed in paragraphs 
(c)(1)(ii) (A) through (E) of this section.
    (A) A listing of all foam grades produced during the month,
    (B) For each foam grade produced, the residual HAP formulation 
limitation, calculated in accordance with Sec. 63.1297(d).
    (C) For each foam grade produced, the total amount of polyol used 
in the month.
    (D) The total allowable HAP ABA emissions for the month, determined 
in accordance with Sec. 63.1297(b)(2).
    (E) The total amount of HAP ABA added to the slabstock foam 
production line at the mixhead during the month, determined in 
accordance with Sec. 63.1303(b).
    (iii) Each source complying with the rolling annual compliance 
provisions of Sec. 63.1297(b) shall maintain the records listed in 
paragraphs (c)(1)(iii) (A) and (B) of this section.
    (A) The sum of the total allowable HAP ABA emissions for the month 
and the previous 11 months.
    (B) The sum of the total actual HAP ABA emissions for the month and 
the previous 11 months.
    (iv) Records of all calibrations for each device used to measure 
polyol and HAP ABA added at the mixhead, conducted in accordance with 
Sec. 63.1303(b)(3).
    (2) Source-Wide Limitations--Rolling Annual Compliance and Monthly 
Compliance Alternative Records. Each slabstock affected source 
complying with the source-wide limitations of Sec. 63.1299, and the 
rolling annual compliance provisions in Sec. 63.1299(a), shall maintain 
the records listed in paragraphs (c)(2)(i) through (c)(2)(vii) of this 
section. Each flexible polyurethane foam slabstock source complying 
with the source-wide limitations of Sec. 63.1299, and the monthly 
compliance alternative of Sec. 63.1299(b), shall maintain the records 
listed in paragraphs (c)(2)(i) through (c)(2)(iii) and paragraphs

[[Page 68428]]

(c)(2)(v) through (c)(2)(vii) of this section.
    (i) Daily records of the information listed in paragraphs (c)(2)(i) 
(A) through (C) of this section.
    (A) A log of foam runs each day, identified by the grade.
    (B) Results of the density and IFD testing for each run of foam, 
conducted in accordance with the procedures in Sec. 63.1304(b).
    (C) The amount of polyol added to the slabstock foam production 
line at the mixhead for each run of foam, determined in accordance with 
Sec. 63.1303(b).
    (ii) For sources complying with the source-wide emission 
limitation, weekly records of the storage tank level, determined in 
accordance with Sec. 63.1303(d).
    (iii) Monthly records of the information listed in paragraphs 
(c)(2)(iii) (A) through (E) of this section.
    (A) A listing of all foam grades produced during the month,
    (B) For each foam grade produced, the residual HAP formulation 
limitation, calculated in accordance with Sec. 63.1297(d).
    (C) For each foam grade produced, the total amount of polyol used 
in the month.
    (D) The total allowable HAP ABA and equipment cleaning emissions 
for the month, determined in accordance with Sec. 63.1297(b)(2).
    (E) The total actual source-wide HAP ABA emissions for the month, 
determination in accordance with Sec. 63.1299(c)(1), along with the 
information listed in paragraphs (c)(2)(iii)(E) (1) and (2) of this 
section.
    (1) The amounts of HAP ABA in the storage vessel at the beginning 
and end of the month, determined in accordance with Sec. 63.1299(c)(2); 
and
    (2) The amount of each delivery of HAP ABA to the storage vessel, 
determined in accordance with Sec. 63.1299(c)(3).
    (iv) Each source complying with the rolling annual compliance 
provisions of Sec. 63.1299(a) shall maintain the records listed in 
paragraphs (c)(2)(iv) (A) and (B) of this section.
    (A) The sum of the total allowable HAP ABA and equipment cleaning 
HAP emissions for the month and the previous 11 months.
    (B) The sum of the total actual HAP ABA and equipment cleaning HAP 
emissions for the month and the previous 11 months.
    (v) Records of all calibrations for each device used to measure 
polyol added at the mixhead, conducted in accordance with 
Sec. 63.1303(b)(3).

  Table 1 to Subpart III.--Applicability of General Provisions (40 CFR  
                   Part 63, Subpart A) to Subpart III                   
------------------------------------------------------------------------
                            Applies to subpart                          
  Subpart A  reference             III                   Comment        
------------------------------------------------------------------------
Sec.  63.1..............  Yes..................  Except that Sec.       
                                                  63.1(c)(2) is not     
                                                  applicable since area 
                                                  sources are not       
                                                  subject to subpart    
                                                  III.                  
Sec.  63.2..............  Yes..................                         
Sec.  63.3..............  Yes..................                         
Sec.  63.4..............  Yes..................                         
Sec.  63.5..............  Yes..................                         
Sec.  63.6..............  Yes..................  Except that Sec.       
                                                  63.6(h) is not        
                                                  applicable since      
                                                  subpart III does not  
                                                  require opacity and   
                                                  visible emission      
                                                  standards.            
Sec.  63.7..............  No...................  Performance tests not  
                                                  required by subpart   
                                                  III.                  
Sec.  63.8..............  No...................  Continuous monitoring, 
                                                  as defined in subpart 
                                                  A, is not required by 
                                                  subpart III.          
Sec.  63.9(a)-(d).......  Yes..................                         
Sec.  63.9(e)-(g).......  No...................                         
Sec.  63.9(h)...........  No...................  Subpart III specifies  
                                                  Notification of       
                                                  Compliance Status     
                                                  requirements.         
Sec.  63.9(i)-(j).......  Yes..................                         
Sec.  63.10(a)-(b)......  Yes..................  Except that the records
                                                  specified in Sec.     
                                                  63.10(b)(2) (vi)      
                                                  through (xiv) are not 
                                                  required.             
Sec.  63.10(c)..........  No...................                         
Sec.  63.10(d)(1).......  Yes..................                         
Sec.  63.10(d) (2)-(3)..  No...................                         
Sec.  63.10(d) (4)-(5)..  Yes..................                         
Sec.  63.10(e)..........  No...................                         
Sec.  63.10(f)..........  Yes..................                         
Sec.  63.11.............  Yes..................                         
Sec.  63.12.............  Yes..................                         
Sec.  63.13.............  Yes..................                         
Sec.  63.14.............  Yes..................                         
Sec.  63.15.............  Yes..................                         
------------------------------------------------------------------------

[FR Doc. 96-32237 Filed 12-26-96; 8:45 am]
BILLING CODE 6560-50-M