[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Proposed Rules]
[Pages 44614-44619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22366]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-58793]
RIN 2060-AC19
National Emission Standards for Hazardous Air Pollutants for
Source Categories; Organic Hazardous Air Pollutants From the Synthetic
Organic Chemical Manufacturing Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule: Amendments.
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SUMMARY: The EPA proposes to amend the National Emission Standards for
Hazardous Air Pollutants for Source Categories; Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical Manufacturing Industry
(SOCMI) by adding tetrahydrobenzaldehyde (THBA) and crotonaldehyde to,
and removing acetaldol from, the list of chemical production processes.
This action also proposes to establish a separate compliance date of 3
years from final action for subparts F and G of part 63 and 1 year from
final action for subpart H of part 63 for THBA and crotonaldehyde
production processes. The EPA is also proposing a change to clarify
compliance demonstration requirements for flexible operation units.
This proposed action would implement section 112(d) of the Clean
Air Act as amended in 1990 (the Act), which requires the Administrator
to regulate emissions of hazardous air pollutants (HAP) listed in
section 112(b) of the Act. The intended effect of this proposed rule is
to protect the public by requiring new and existing major sources to
control emissions of HAP to the level reflecting application of the
maximum achievable control technology. This action also proposes to
amend the initial list of source categories of HAP required by section
112 (c) of the Act by removing THBA production from the list of
categories of major sources.
DATES: Comments. Comments must be received on or before September 22,
1997, unless a hearing is requested by September 22, 1997. If a hearing
is requested, written comments must be received by October 6, 1997.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than September 2, 1997. If a hearing is held, it will take
place on September 8, 1997, beginning at 10 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-95-30 (see docket section below), Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, D.C. 20460. The EPA requests that a separate copy also be
sent to the contact person listed below.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Marguerite Thweatt, U.S.
Environmental Protection Agency, Research Triangle Park, N.C. 27711,
telephone (919) 541-5607.
Docket. Docket No. A-95-30, containing the supporting information
for the original NESHAP and this action, are available for public
inspection and copying between 8 a.m. and 5:30 p.m., Monday through
Friday, at the EPA's Air and Radiation Docket and Information Center,
Waterside Mall, Room M-1500, first floor, 401 M Street SW, Washington,
DC 20460, or by calling (202) 260-7548 or 260-7549. A reasonable fee
may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning this action
contact Mr. John Schaefer at (919) 541-0296, Organic Chemicals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities and Background Information
A. Regulated Entities
The regulated category and entities affected by this action
include:
------------------------------------------------------------------------
Category Regulated entities
------------------------------------------------------------------------
Industry............................... Facilities that produce
tetrahydrobenzaldehyde;
facilities that produce
crotonaldehyde
Synthetic organic chemical
manufacturing industry (SOCMI)
units, e.g., producers of
benzene, toluene, or any other
chemical listed in Table 1 of
40 CFR part 63, subpart F.
------------------------------------------------------------------------
This table is not intended to be exhaustive but, rather, provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. Entities
potentially regulated by the HON are those which produce as primary
intended products any of the chemicals listed in table 1 of 40 CFR part
63, subpart F or facilities producing THBA or crotonaldehyde and that
are located at facilities that are major sources as defined in section
112 of the Clean Air Act (CAA). To determine whether your facility is
regulated by this action, you should carefully examine all of the
applicability criteria in 40 CFR 63.100. 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.
With today's action, EPA is proposing to make production of THBA
and crotonaldehyde subject to subparts F, G, and H of 40 CFR part 63.
Subparts F, G, and H of 40 CFR part 63 establish National Emission
Standards for Hazardous Air Pollutants (NESHAP) for the Synthetic
Organic Chemical Manufacturing Industry (SOCMI) (57 FR 62607). This
rule is commonly referred to as the hazardous organic NESHAP or the
HON. The HON rule applies to SOCMI facilities located at major sources
and affects approximately 310 facilities nationwide. These SOCMI
facilities include those that produce one or more of the synthetic
organic
[[Page 44615]]
chemicals listed in Table 1 of subpart F and that either (1) use an
organic HAP as a reactant or (2) produce an organic HAP in the process.
Emission points within these facilities affected by the rule are
process vents, storage vessels, transfer operations, equipment leaks,
and wastewater collection systems. Processes producing THBA were not
included on the list of SOCMI processes to be regulated under the HON.
Crotonaldehyde production was removed from the list of SOCMI processes
to be regulated by the HON when the rule was issued in April 1994.
Crotonaldehyde production was deleted because available information
indicated that this chemical was no longer produced in the United
States. Because EPA has since learned that crotonaldehyde is still
produced in the United States, in today's action EPA is proposing to
add crotonaldehyde production to the HON.
B. Electronic Submission of Comments
Comments on the proposed changes to the NESHAP may also be
submitted electronically by sending electronic mail (e-mail) to: a-and-
[email protected]. Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments will also be accepted on diskette in WordPerfect
5.1 or ASCII file format. All comments in electronic form must be
identified by the docket number A-90-19. No Confidential Business
Information (CBI) should be submitted through e-mail. Electronic
comments may be filed online at many Federal Depository Libraries.
II. Summary of Proposed Changes to Rule
A. Addition of THBA Production
Tetrahydrobenzaldehyde production was included as a source of HAP
emissions under the source category of butadiene dimers production on
the initial list of source categories selected for regulation under
section 112(c) of the Act published on July 16, 1992 (57 FR 31576) and
was scheduled for control by November 1997 on the section 112(c) source
category schedule (58 FR 63941). Although the initial source category
list clearly identified THBA production as being included in the
butadiene dimers production source category, the butadiene dimers name
was a misnomer. Consequently, the butadiene dimers production source
category was changed to THBA production by a source category list
maintenance action finalized on June 4, 1996 (61 FR 28197). Today's
action would add THBA production to the HON.
The chemical THBA is produced by reacting 1,3-butadiene and
acrolein together. Both 1,3-butadiene and acrolein are HAPs and are
emitted during the production process. At this time, only one facility
in the nation manufactures THBA, and it is not expected that additional
facilities will begin producing THBA. The THBA production unit is co-
located with other SOCMI production units to which the HON is
applicable. In addition, the emissions points and air pollution control
measures applied are identical to those encountered in these co-located
SOCMI units.
Tetrahydrobenzaldehyde is used in the manufacture of paint
additives. The product is similar to other SOCMI products on the list
of HON affected chemicals in that it is an intermediate organic
chemical used in the manufacture of other organic chemicals. The
production of THBA was not included in the HON initially, because EPA
was unaware of THBA's similarities to other SOCMI chemicals. Had EPA
been aware of these similarities THBA would have been included in the
list of affected HON chemicals in the initial HON rulemaking and
subject to the requirements in the HON.
The EPA considers THBA production to be a batch process since, the
process operates over only a short operating cycle before experiencing
significant fouling (plugging) in the reaction system, requiring the
system to be shutdown and the equipment cleaned. Due to the frequent
shutdown and equipment cleaning cycle, the process is classified as a
batch process for purposes of subpart H.
The effect of today's proposed action is twofold. First, it
potentially subjects facilities manufacturing THBA to the provisions of
40 CFR Part 63, subparts F, G, and H. Although an independent
assessment of the impacts (environmental, cost, economic, or other)
associated with this action has not been conducted, the EPA believes
that the impact on the THBA production unit will be no more or less
severe than those imposed on the other SOCMI production processes
already affected. Second, it overrides the need to write a separate
regulation for the THBA production source category. Consequently, the
THBA production source category is being removed from the list of HAP-
emitting source categories published pursuant to Section 112(c) of the
Act because it is being subsumed under the HON rule. The EPA does not
believe that the development of a separate rule for this source
category is justified or would result in a different control level than
that required under the HON. Today's proposed action is consistent with
the source category schedule, which requires regulation of THBA
production (originally listed as butadiene dimers production) by
November 1997. Today's action is the first step in fulfilling that
requirement.
With respect to the issue of whether the addition of the THBA
production source category to the population of SOCMI sources regulated
by the HON would alter the maximum achievable control technology (MACT)
determinations made for the HON rule, it has been concluded that since
the emission points and air pollution control measures at the only
facility known to manufacture THBA are similar to those at other SOCMI
sources, the HON MACT floor determination would be unaffected.
The EPA is proposing to establish compliance dates for THBA
production units of 1 year from the date this action is final for
subpart H of this part and 3 years from the date this action is final
for subparts F and G of this part. The EPA is proposing a compliance
date of three years from the date this action is final for compliance
with subparts F and G of this part to allow time for retrofitting of
controls and evaluation of control requirements in the one known
facility. A compliance date of one year from the date this action is
final is being proposed for compliance with subpart H of this part. One
year is believed to provide sufficient time to establish the equipment
leak monitoring program and recordkeeping system. These time periods
are consistent with the compliance times provided for sources
originally subject to the HON rule.
B. Addition of Crotonaldehyde Production and Removal of Acetaldol
Production
Today's action proposes to add crotonaldehyde production to the
chemical production processes subject to the HON and to establish a new
compliance date for crotonaldehyde chemical manufacturing process
units. In addition, today's action proposes to remove acetaldol
production processes from the applicability of the HON by removing this
chemical from table 1 of subpart F.
In the April 22, 1994 rule, EPA made several changes to the
proposed lists of chemical products to correct errors and to remove
chemicals no longer commercially produced in the United States. One of
the chemical products removed from the list of SOCMI
[[Page 44616]]
chemicals in the April 1994 notice, based upon the belief that it was
no longer commercially produced in the United States, was
crotonaldehyde. Since April 1994, EPA has learned that this removal was
an error because crotonaldehyde is produced by at least one facility in
the United States. The EPA has also learned that acetaldol, which was
retained on table 1 of subpart F in the April 1994 rule, is an unstable
intermediate which is used to produce either crotonaldehyde or 1,3--
butylene glycol, and is therefore not itself a product appropriate for
inclusion on table 1 of subpart F. Based on the January 17, 1997
amendments to the HON (62 FR 2721), EPA believes that acetaldol
production operations are more appropriately considered unit operations
part of crotonaldehyde or 1,3--butylene glycol chemical manufacturing
process units. Therefore, the EPA is proposing to revise table 1 of
subpart F by removing acetaldol. Crotonaldehyde production would be
added to subpart F as a regulated process. No action is needed for
1,3--butylene glycol because that chemical is already listed in table 1
of subpart F.
A new compliance date is being proposed for crotonaldehyde chemical
production process units because of the confusion caused by listing a
nonisolated intermediate chemical product instead of the correct final
product. The EPA is proposing a new compliance date of 3 years from the
date that this action becomes final for compliance with subparts F and
G of this part to allow time for retrofitting of controls and
evaluation of control requirements in the one known facility. A
compliance date of 1 year from the date that this action is final is
being proposed for compliance with subpart H of this part. One year is
believed to provide sufficient time to establish the equipment leak
monitoring program and recordkeeping system. These time periods are
consistent with the compliance times provided for sources originally
subject to the HON rule.
C. Clarification of Compliance Demonstration Requirements for Flexible
Operation Units
In today's action, EPA is proposing to add a new paragraph (b)(6)
to Sec. 63.103 of subpart F to clarify the compliance demonstration
requirements for flexible operation units. This proposed amendment
would revise the rule to clarify that performance tests and monitoring
parameter ranges are to be based on operating conditions present during
production of the primary product. The April 1994 rule was not clear on
this point due to a drafting oversight. This change is being proposed
because some owners and operators have expressed concerns that the rule
could be interpreted as requiring installation of additional controls
for periods when the flexible operation unit is producing a product
other than the primary product. The EPA has also recently learned that
there are questions whether the rule requires owners or operators to
develop parameter monitoring ranges appropriate for each product
produced by a flexible operation unit or to develop parameter
monitoring ranges for operating conditions during production of the
primary product of the flexible operation unit. The need for
clarification of these aspects of compliance demonstration has become
apparent as facilities are completing compliance planning and
demonstration activities for the April 1997 compliance deadline. This
proposed revision would make the rule consistent with the assumptions
that EPA used in deriving the cost (including the recordkeeping and
reporting burden) estimates used in support of the April 1994 rule.
Based on conversations with several industry representatives, EPA
believes that today's proposed action is generally consistent with
industry's understanding of the rule. Today's proposed clarification is
not expected to increase the cost or burden of demonstrating compliance
with the HON.
III. Administrative
A. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in the rule under the
Provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0282. An Information Collection
Request (ICR) document was prepared by the EPA (ICR No. 1414.02) and a
copy may be obtained from Sandy Farmer, OPPE Regulatory Information
Division, U.S. Environmental Protection Agency (2137), 401 M St., SW.,
Washington DC 20460 or by calling (202) 260-2740.
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 Ch. 15.
Today's action neither adds new respondents nor is it anticipated
to increase the number of responses. The increase in the number of
effected processing units is less than 2 percent. Since this action
does not substantially change the information collection, the ICR has
not been revised.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``significant'' and, therefore, subject
to OMB review and the requirements of the Executive Order. The Order
defines ``significant'' regulatory action as one that is likely to lead
to 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 in 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.
This proposed amendment would apply the rule to one additional
process unit at two facilities. These facilities are already well
controlled. It is not certain what additional control would be required
as a result of this action. Regardless of the final assessment of
additional controls at these two facilities, the EPA believes that
application of the HON to these facilities will have a negligible
impact on the results of the RIA and the change will be within the
uncertainty of the analysis. The proposed clarification of the
compliance demonstration requirements for flexible operation units is
believed to be consistent with industry understanding of the rule, and
is believed to have a negligible impact on the results of the RIA.
Again, the change is expected to be within the uncertainty of the
analysis. For these reasons, the EPA believes that revision of the
Regulatory Impact Analysis is not necessary. Pursuant to the terms of
the Executive Order 12966, it has been determined that this rule is not
a ``significant regulatory action'' because none of the listed criteria
apply to this action. Consequently, this action was not submitted to
OMB for review under Executive Order 12866.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct
[[Page 44617]]
a regulatory flexibility analysis of any rule subject to notice and
comment requirements unless the agency certified that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small government jurisdictions. This proposed
amendment to the rule would not have a significant impact on a
substantial number of small entities. This rule would apply the
requirements of the HON rule to an additional process unit at two
facilities and only imposes negligible recordkeeping costs on those
facilities. The additional recordkeeping costs are not expected to
create a burden for either of the regulated entities. Furthermore,
neither of these regulated entities is a small business. The amendment
to Sec. 63.103(b)(6) is a clarification of an existing requirement, and
this clarification is not expected to increase control requirements or
burden of the rule. Therefore, I certify that this action will not have
a significant economic impact on a substantial number of small
entities.
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate or to the private sector, of $100
million or more. Under section 205, the EPA must select the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires the EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
The EPA has determined that the action proposed today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate or to the private sector. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: August 15, 1997.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical Manufacturing
Industry
2. Section 63.100 is amended as follows:
a. By revising paragraphs (b)(1), (d) introductory text, (d)(3)
introductory text, the first sentence of paragraph (g)(2)(iii), the
first sentence of paragraph (h)(2)(iv), the first sentence of paragraph
(i)(2)(iv), (k) introductory text, (l)(1)(ii), (l)(2)(ii);
b. By adding paragraphs (b)(1)(i), (b)(1)(ii), (d)(4),
(g)(2)(iii)(A), (g)(2)(iii)(B), (h)(2)(iv)(A), (h)(2)(iv)(B),
(i)(2)(iv)(A), (i)(2)(iv)(B), and (p).
The revisions and additions read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(b) * * *
(1) Manufacture as a primary product one or more of the chemicals
listed in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
(i) One or more of the chemicals listed in table 1 of this subpart;
or
(ii) One or more of the chemicals listed in paragraphs
(b)(1)(ii)(A) or (b)(1)(ii)(B) of this section:
(A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
(B) Crotonaldehyde (CAS Number 123-73-9).
* * * * *
(d) The primary product of a chemical manufacturing process unit
shall be determined according to the procedures specified in paragraphs
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
* * * * *
(3) For chemical manufacturing process units that are designed and
operated as flexible operation units producing one or more chemicals
listed in table 1 of this subpart, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following April 22, 1994 and for new sources based on
the expected utilization for the first five years after initial start-
up.
* * * * *
(4) Notwithstanding the provisions of paragraph (d)(3) of this
section, for chemical manufacturing process units that are designed and
operated as flexible operation units producing a chemical listed in
paragraph (b)(1)(ii) of this section, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following [Insert date 60 days after date of publication
in the Federal Register] and for new sources based on the expected
utilization for the first five years after initial start-up.
(i) The predominant use of the flexible operation unit shall be
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of
this section. If the predominant use is to produce one of the chemicals
listed in paragraph (b)(1)(ii) of this section, then the flexible
operation unit shall be subject to the provisions of this subpart and
subparts G and H of this part.
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
* * * * *
(g) * * *
(2) * * *
(iii) If the predominant use of a storage vessel varies from year
to year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (g)(2)(iii)(A) and
(g)(2)(iii)(B) of this section, as applicable. * * *
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during
the 12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,
the applicability shall be based on the utilization that occurred
during the 12-month period preceding [Insert date 60 days after date of
publication in the Federal Register].
* * * * *
(h) * * *
(2) * * *
(iv) If the predominant use of a loading arm or loading hose varies
from
[[Page 44618]]
year to year, then the applicability of this subpart shall be
determined according to the criteria in paragraphs (h)(2)(iv)(A) and
(h)(2)(iv)(B) of this section, as applicable. * * *
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during
the 12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,
the applicability shall be based on the utilization that occurred
during the year preceding [Insert date 60 days after date of
Publication in the Federal Register].
* * * * *
(i) * * *
(2) * * *
(iv) If the predominant use of a distillation unit varies from year
to year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B)
of this section, as applicable. * * *
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during
the year preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,
the applicability shall be based on the utilization that occurred
during the year preceding [Insert date 60 days after date of
publication in the Federal Register].
* * * * *
(k) Except as provided in paragraphs (l), (m), and (p) of this
section, sources subject to subparts F, G, or H of this part are
required to achieve compliance on or before the dates specified in
paragraphs (k)(1) through (k)(8) of this section.
* * * * *
(l)(1) * * *
(ii)(A) Such construction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart;
(B) Such construction commenced after [Insert date of publication
in the Federal Register] for chemical manufacturing process units that
produce as a primary product one or more of the chemicals listed in
paragraph (b)(1)(ii) of this section; and
* * * * *
(2) * * *
(ii)(A) Such reconstruction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart; and
(B) Such construction commenced after [Insert date of publication
in the Federal Register] for chemical manufacturing process units that
produce as a primary product one or more of the chemicals listed in
paragraph (b)(1)(ii) of this section.
* * * * *
(p) Compliance dates for chemical manufacturing process units that
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the
provisions of paragraph (k) of this section, chemical manufacturing
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2),
and (b)(3) of this section shall be in compliance with this subpart and
subparts G and H of this part by the dates specified in paragraphs
(p)(1) and (p)(2) of this section, as applicable.
(1) If the source consists only of chemical manufacturing process
units that produce as a primary product one or more of the chemicals
listed in paragraph (b)(1)(ii) of this section, new sources shall
comply by the date specified in paragraph (p)(1)(i) of this section and
existing sources shall comply by the dates specified in paragraphs
(p)(1)(ii) and (p)(1)(iii) of this section.
(i) Upon initial start-up or [Insert date 60 days after date of
publication in the Federal Register], whichever is later.
(ii) This subpart and subpart G of this part by [Insert date 38
months from the date of publication in the Federal Register], unless an
extension has been granted by the Administrator as provided in
Sec. 63.151 (a)(6) or granted by the permitting authority as provided
in Sec. 63.6 (i) of subpart A of this part. When April 22, 1994 is
referred to in this subpart and subpart G of this part, [Insert date 60
days after date of publication in the Federal Register] shall be used
as the applicable date for that provision. When December 31, 1992 is
referred to in this subpart and subpart G of this part, [Insert date of
publication in the Federal Register] shall be used as the applicable
date for that provision.
(iii) Subpart H of this part by [Insert date 14 months from the
date of publication in the Federal Register], unless an extension has
been granted by the Administrator as provided in Sec. 63.151 (a)(6) or
granted by the permitting authority as provided in Sec. 63.6 (i) of
subpart A of this part. When April 22, 1994 is referred to in subpart H
of this part, [Insert date 60 days after date of publication in the
Federal Register] shall be used as the applicable date for that
provision. When December 31, 1992 is referred to in subpart H of this
part, [Insert date of publication in the Federal Register] shall be
used as the applicable date for that provision.
(2) If the source consists of a combination of chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(i) and (b)(1)(ii) of
this section, new chemical manufacturing process units that meet the
criteria in paragraph (b)(1)(ii) of this section shall comply by the
date specified in paragraph (p)(1)(i) of this section and existing
chemical manufacturing process units producing crotonaldehyde and/or
tetrahydrobenzaldehyde shall comply by the dates specified in
paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.
3. Section 63.103 is amended by adding paragraph (b)(6) to read as
follows:
Sec. 63.103 General compliance, reporting, and recordkeeping
provisions.
(b) * * *
(6) The owner or operator of a flexible operation unit shall
conduct all required compliance demonstrations during production of the
primary product. The owner or operator is not required to conduct
compliance demonstrations for operating conditions during production of
a product other than the primary product. Except as otherwise provided
in this subpart or in subpart G or subpart H of this part, as
applicable, the owner or operator shall operate each control device,
recovery device, and/or recapture device that is required or used for
compliance, and associated monitoring systems, without regard for
whether the product that is being produced is the primary product or a
different product. Except as otherwise provided in this subpart,
subpart G and/or subpart H of this part, as applicable, operation of a
control device, recapture device and/or recovery device required or
used for compliance such that the daily average of monitored parameter
values is outside the parameter range established pursuant to
Sec. 63.152(b)(2),
[[Page 44619]]
or such that the monitoring data show operation inconsistent with the
monitoring plan established pursuant to Sec. 63.120(d)(2) or
Sec. 63.181(g)(1)(iv), shall constitute a violation of the required
operating conditions.
* * * * *
Subpart F--[Amended]
4. Table 1 of subpart F is amended by removing the entry for
acetaldol and its associated CAS number and group number.
[FR Doc. 97-22366 Filed 8-21-97; 8:45 am]
BILLING CODE 6560-50-P