[Federal Register Volume 62, Number 217 (Monday, November 10, 1997)]
[Proposed Rules]
[Pages 60566-60602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29149]



[[Page 60565]]

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Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



_______________________________________________________________________



National Emission Standards for Hazardous Air Pollutants Pesticide 
Active Ingredient Production; Proposed Rule

  Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / 
Proposed Rules  

[[Page 60566]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5916-5]
RIN-2060-AE83


National Emission Standards for Hazardous Air Pollutants 
Pesticide Active Ingredient Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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

SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for the pesticide active ingredient (PAI) 
production source category under section 112 of the Clean Air Act as 
amended (CAA). The intent of the proposed standard is to reduce 
emissions of hazardous air pollutants (HAP) from existing and new 
facilities that manufacture PAI used in herbicides, insecticides, and 
fungicides. The proposed standards protect human health and the 
environment by reducing HAP emissions to the level corresponding to the 
maximum achievable control technology (MACT) through the use of 
pollution prevention measures and control strategies. The major HAP 
emitted by facilities covered by this proposed rule include toluene, 
methanol, methyl chloride, and hydrogen chloride (HCl). All of these 
pollutants can cause reversible or irreversible toxic effects following 
exposure. The proposed rule is estimated to reduce HAP emissions from 
existing facilities by 5,150 megagrams per year (Mg/yr) (5,680 tons per 
year (tons/yr)), a reduction of 76 percent from the baseline emission 
level. Because many of these pollutants are also volatile organic 
compounds (VOC), which are precursors to ambient ozone, the proposed 
rule would aid in the reduction of tropospheric ozone. 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 (the Act), as amended in 1990, 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.''
    The July 16, 1992 source category list included an agricultural 
chemicals industry group that contained 10 source categories. Today's 
notice groups these 10 agricultural chemicals source categories into 
one source category, renames the source category, and adds additional 
chemicals to the source category.

DATES: Comments. Comments must be received on or before January 9, 
1998.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by December 1, 1997, a public hearing will be held on 
December 10, 1997 beginning at 10 a.m. Persons interested in attending 
the hearing should call Ms. Maria Noell 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 EPA by December 1, 1997 by contacting Ms. Maria 
Noell, 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-
20, 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 under the FOR FURTHER INFORMATION CONTACT 
section.
    Comments on the proposed NESHAP may also be submitted 
electronically by following the instructions provided in the 
SUPPLEMENTARY INFORMATION section. No Confidential Business Information 
(CBI) should be submitted through e-mail.
    Public Hearing. The public hearing, if required, will be held at 
the EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina.
    Docket. Docket No. A-95-20, containing supporting information used 
in developing the proposed standards, is available for public 
inspection and copying between 8:30 a.m. and 3:30 p.m., Monday through 
Friday, at EPA's Air Docket Section, Waterside Mall, Room 1500, 1st 
Floor, 401 M Street SW., Washington, DC 20460. A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the MACT 
standard, contact Mr. Lalit Banker at (919) 541-5420, Organic Chemicals 
Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

    Electronic filing. Electronic comments can be sent directly to the 
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 or 6.1 format or ASCII file format. All 
comments and data in electronic form must be identified by the docket 
number [A-95-20]. Electronic comments on this proposed determination 
may be filed online at many Federal Depository Libraries.
    Regulated entities. Entities potentially regulated are those which 
produce as primary intended products PAI's that are used in herbicides, 
insecticides, or fungicides and are located at facilities that are 
major sources as defined in section 112 of the Act. Regulated 
categories and entities include:

------------------------------------------------------------------------
           Category                        Regulated entities           
------------------------------------------------------------------------
Industry.....................   Producers of the active         
                                ingredients (as defined under FIFRA     
                                section 2(a)) used in herbicides,       
                                insecticides, or fungicides. Typically, 
                                production of these compounds is        
                                described by the SIC codes 2879 and     
                                2869.                                   
                                Producers of any integral       
                                intermediate used in the onsite         
                                production of an active ingredient used 
                                in a herbicide, insecticide, or         
                                fungicide, provided that 50 percent or  
                                more of the annual production of the    
                                intermediate is used in pesticide active
                                ingredient processes.                   
------------------------------------------------------------------------
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, company, business, organization, etc., is regulated by this 
  action, you should carefully examine the applicability criteria in    
  Sec.  63.1360 of the rule. If you have questions regarding the        
  applicability of this action to a particular entity, consult the      
  person listed in the FOR FURTHER INFORMATION CONTACT section.         


[[Page 60567]]

    Basis and Purpose and Supplementary Information Documents. The 
contents of this notice are available in Docket No. A-95-20, on the 
Technology Transfer Network (TTN), or from the EPA contact person 
listed in the FOR FURTHER INFORMATION CONTACT section. The TTN, a 
network of electronic bulletin boards developed and operated by the 
Office of Air Quality Planning and Standards, 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 transfer. The TTN may also be 
accessed via TELNET at the Internet web site address http://
ttnwww.rtpnc.epa.gov. For further information, contact the TTN HELP 
line at (919) 541-5384, from 1 p.m. to 5 p.m. Monday through Friday.
    The basis and purpose document (BPD), containing much of the 
rationale for these proposed standards, is also available on the TTN. 
The supplementary information document (SID) for the proposed standard, 
which contains a compilation of technical memoranda, may be obtained 
from the docket or from the U.S. EPA Library (MD-35), Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-2777. Please 
refer to ``Emissions from Pesticide Active Ingredient Production--
Supplementary Information Document'' (located in docket No. A-95-20).
    The information presented in this preamble is organized as follows:

I. List of Source Categories
    A. Original Source Categories
    B. Addition of Other Pesticide Active Ingredients
    C. Single Source Category
    D. Change of the Source Category Name
II. Background
    A. Summary of Collected Data
    B. Summary of Considerations Made in Developing this Rule
    C. Regulatory Background
III. Authority for NESHAP Decision Process
    A. Source of Authority for NESHAP Development
    B. Criteria for Development of NESHAP
    C. Authority for Development of Risk-Based Standards
IV. Summary of Proposed Standards
    A. Source Categories to be Regulated
    B. Pollutants to be Regulated and Associated Environmental and 
Health Benefits
    C. Affected Sources
    D. Format of the Standards
    E. Proposed Standards
    F. Compliance and Performance Test Provisions
    G. Monitoring Requirements
    H. Reporting and Recordkeeping Requirements
V. Summary Of Environmental, Energy, Cost, and Economic Impacts
    A. Facilities Affected by These NESHAP
    B. Air Impacts
    C. Water and Solid Waste Impacts
    D. Energy Impacts
    E. Cost Impacts
    F. Economic Impacts
VI. Emissions Averaging
VII. Solicitation of Comments
VIII. 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
    G. Unfunded Mandates
    H. Miscellaneous

I. List of Source Categories

    Section 112 of the Act requires that 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, EPA published an initial list 
of major and area source categories to be regulated (57 FR 31576). 
Today's notice groups the original agricultural chemicals source 
categories into one source category, renames the source category, and 
adds additional chemicals to the category.

A. Original Source Categories

    Included on the original list were major sources emitting HAP from 
10 categories of agricultural chemicals production; in addition to 
being an agricultural chemical, each of these compounds is also a PAI. 
One source category on the original source category list, butadiene 
furfural cotrimer (R-11) production, was moved from the polymers and 
resins industry group to this industry group on June 4, 1996 (61 FR 
28197). Butadiene furfural cotrimer (R-11) is an insecticide commonly 
used for delousing cows. The EPA decided to include butadiene furfural 
cotrimer (R-11) production with the agricultural chemicals source 
categories because: (1) There are similarities in process operations, 
emission characteristics, and control device applicability and costs, 
and (2) it is a PAI.

B. Addition of Other Pesticide Active Ingredients

    In developing the proposed rule, the EPA identified a number of 
other PAI production operations that were not on the initial source 
category list. It was determined that production of these compounds is 
similar to the production of the compounds in the 11 initial 
agricultural chemical source categories. Production of these other 
PAI's are being added to the source category list under section 112(c) 
of the Act based on information obtained during the gathering of HAP 
emission data for this proposed rule. From this information, it was 
determined that: (1) There are similarities in process operations, 
emission characteristics, control device applicability and costs, and 
opportunities for pollution prevention of these PAI's with the listed 
agricultural chemicals, and (2) the production of these PAI's occurs at 
facilities that are major sources. Like the original agricultural 
chemicals, these PAI's are those that are used in herbicides, 
insecticides, and fungicides that are registered as end-use products 
under section 3 of Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA).

C. Single Source Category

    In developing the proposed rule, EPA decided not to set MACT for 
each individual PAI chemical but, rather, to aggregate all PAI's 
together under the same source category. The PAI's that EPA proposes to 
include in this source category are all PAI's that are used to produce 
insecticide, herbicide, or fungicide products. Data gathered from the 
PAI production industry indicate that the process equipment, emission 
characteristics, and applicable control technologies are sufficiently 
similar for the broad group of sources that EPA intends to regulate 
under a single set of standards. There are no significant differences 
in the types of control technologies applicable to controlling 
emissions from the various PAI processes. Common HAP control 
technologies are applicable to the production operations at all of the 
facilities. Based on these factors, EPA concluded that determining MACT 
for each individual PAI is not warranted.
    The EPA believes that it is technically feasible to regulate 
emissions from a variety of PAI processes by a single set of emission 
standards. Similar to the Hazardous Organic NESHAP (HON) for the 
Synthetic Organic Chemical Manufacturing Industry (SOCMI), separate 
requirements are proposed for process vents, storage tanks, equipment 
leaks, and wastewater HAP emission points (often referred to as 
planks). The set of standards also establishes different control 
requirements based on distinctions in the size of the emission points. 
Variability in the characteristics of the production processes for each

[[Page 60568]]

individual PAI chemical may affect the quantity of HAP emissions. This 
variability has been addressed by incorporating cutoffs for 
uncontrolled emissions in the standards for individual planks.
    Several other reasons support the development of a single set of 
emission standards for a group of PAI processes. Many of these PAI's 
are only produced at a single facility or by a single company. In 
addition, data indicate that many of the PAI processes that EPA is 
proposing to regulate by this set of standards are collocated within 
individual facilities; at some facilities, multiple PAI's are also 
produced in the same equipment (i.e., flexible processing equipment). 
Facilities with collocated PAI manufacturing could more easily comply 
with a single set of emission standards than with individual standards 
for each of the collocated processes. Several industry representatives 
in the partnership group also expressed interest in a generic 
regulation that would specify consistent requirements for a wide range 
of processes.
    Another justification for developing a single set of emission 
standards to regulate production of a variety of PAI's is that it is 
more efficient and less costly for EPA to develop a single standard 
than to develop separate standards for several individually listed 
source categories which have similar emission characteristics and 
applicable control technologies. Development of a single set of 
standards would avoid the costs associated with having to develop 
emission standards for separate source categories of PAI's. A single 
set of standards for PAI manufacturing will ensure that process 
equipment with comparable HAP emissions and control technologies are 
subject to consistent emission control requirements. In addition, 
compliance and enforcement activities would be more efficient and less 
costly.

D. Change of the Source Category Name

    Under today's action, EPA is revising the source category list 
published under section 112(c) of the Act to add a source category 
called ``Pesticide Active Ingredient Production'' and to subsume the 11 
original, separate PAI production source categories into that category, 
as well as to include other identified PAI operations which are major 
sources of HAP. All 11 agricultural chemicals on the initial source 
category list are PAI's; all of the other pesticide chemicals 
identified during data gathering and that have been added to the list 
are also PAI's. Because these other PAI's have been added to the source 
category list and because they have been grouped with the 11 
agricultural chemicals, which are also PAI's, the EPA decided that it 
is appropriate to change the title of this NESHAP source category. 
Effective by this notice, EPA is changing the title of the source 
category to ``pesticide active ingredient production.'' This change is 
appropriate to avoid confusion regarding the definition of the source 
category and to aid in distinguishing the types of air emission sources 
addressed by this source category.

II. Background

A. Summary of Collected Data

    Data on this industry were collected from 20 major sources that 
manufacture PAI's. Production methods used in the manufacture of PAI's 
include both batch and continuous operations. Batch operations make up 
approximately two-thirds of the processes, but continuous processes 
produce more than 50 percent of the annual PAI production. The sizes of 
the facilities that are major sources of HAP emissions range from those 
that make one active ingredient at the rate of several hundred Mg/yr to 
those that produce numerous intermediates and active ingredients on the 
scale of tens of thousands Mg/yr. Air emissions of HAP compounds 
originate from breathing and withdrawal losses from storage tanks, 
venting of process vessels, leaks from piping equipment used to 
transfer HAP compounds (equipment leaks), and volatilization of HAP 
from wastewater streams. Data obtained from the 20 major sources show 
at least 40 different HAP are emitted from various PAI production 
processes. Among the most prevalent are toluene and methanol, which 
account for almost 40 percent of all baseline HAP emissions at these 20 
plants. Detailed information describing manufacturing processes and 
emissions can be found in chapters 3 and 5 of the Basis and Purpose 
Document (located in docket No. A-95-20).
    As of 1991, over 250 U.S. companies at approximately 329 facilities 
(both major and area sources) were producing PAI's. This is the number 
of facilities that were registered with EPA under section 7 of FIFRA as 
producers of technical material or active ingredients for manufacturing 
use only. The number of plants producing active ingredients for use in 
herbicides, insecticides, and fungicides may be less than 329 because 
the section 7 data base reported some formulated products as active 
ingredients and it also included research facilities in the category of 
active ingredient manufacturers. Also, some plants may be producing 
active ingredients only for use in rodenticides or antimicrobials. 
Typically, manufacturing operations covered by this NESHAP are 
classified under North American Industrial Classification System 
(NAICS) Codes 325199 and 32532 (i.e., previously known as Standard 
Industrial Classification System Codes 2869 and 2879). An estimated 78 
facilities are considered to be major sources according to the Act 
criteria of having the potential to emit 10 tons/yr or more of any one 
HAP or 25 tons/yr or more of any combination of HAP. This estimate is 
based on the extrapolation of information from 12 State regulatory 
agencies that identified which of the 329 facilities in their States 
were major sources of HAP.
    The proposed standards would apply to all major sources that 
produce any of the PAI's that are used to produce insecticide, 
herbicide, or fungicide end-use products. Facilities that are area 
sources, facilities that produce only active ingredients that are not 
used in insecticide, herbicide, or fungicide products, and facilities 
that only formulate or repackage pesticide products would not be 
subject to these standards.

B. Summary of Considerations Made in Developing This Rule

    The Act was created in part ``to protect and enhance the quality of 
the Nation's air resources so as to promote the health and welfare and 
the productive capacity of its population'' (the Act, section 
101(b)(1)). Section 112(b) of the Act lists 189 HAP believed to cause 
adverse health or environmental effects. Section 112(d) of the Act 
requires that emission standards be promulgated for all categories and 
subcategories of major sources of these HAP and for many smaller 
``area'' sources listed for regulation under section 112(c) in 
accordance with the schedules listed under section 112(c). Major 
sources are defined as those that emit or have the potential to emit at 
least 10 tons/yr of any single HAP or 25 tons/yr of any combination of 
HAP.
    On July 16, 1992 (57 FR 31576), EPA published the initial list of 
categories of sources slated for regulation. As noted above, this list 
included 10 categories of Agricultural Chemicals Production; with 
today's notice, these source categories are combined into a single 
category called Pesticide Active Ingredient Production, and additional 
PAI processes are added to the source category. The statute requires 
emissions standards for the listed source categories to be promulgated 
between November 1992 and November 2000. On December 3, 1993, the EPA 
published a schedule

[[Page 60569]]

for promulgating these standards (58 FR 83841).
    In the Act, Congress specified that each standard for major sources 
must require the maximum reduction in emissions of HAP that EPA 
determines is achievable considering cost, health and environmental 
impacts, and energy requirements. In essence, these MACT standards 
would ensure that all major sources of air toxic emissions achieve the 
level of control already being achieved by the better controlled and 
lower emitting sources in each category. This approach provides 
assurance to citizens that each major source of toxic air pollution 
will be required to effectively control its emissions.
    Available emissions data, collected during development of this 
proposed rule, show that pollutants that are listed in section 
112(b)(1) of the Act and are emitted in substantial amounts by the PAI 
production source category include toluene, methanol, methyl chloride, 
and HCl. The PAI production source category also emits small amounts of 
other listed pollutants including benzene, benzyl chloride, 1,3-
butadiene, carbon tetrachloride, chloroform, ethylbenzene, ethyl 
chloride, ethylene dichloride, hexachlorobenzene, 
hexachlorocyclopentadiene, hexachloroethane, hexane, methylene 
chloride, tetrachloroethylene, trichlorobenzene, trichloroethylene, 
xylenes, acetonitrile, captan, formaldehyde, glycol ethers, 
hydroquinone, methyl ethyl ketone, methyl isobutyl ketone, methyl 
isocyanate, napthalene, phosgene, chlorine, and hydrogen cyanide. Some 
of these pollutants have been classified as known, possible, or 
probable human carcinogens when inhaled, and all can cause reversible 
and irreversible toxic effects following exposure. These effects 
include respiratory and skin irritation, neurological disorders (e.g., 
dizziness, headache, and narcosis), effects upon the eye (including 
blindness), damage to organ systems (e.g., liver, kidney, and testes), 
and in extreme cases, death. These pollutants have the potential to be 
reduced by implementation of the proposed emission limits.
    The list of HAP in section 112(b) of the Act includes 22 HAP 
compounds (or classes of compounds) that have been reported to be 
possible endocrine disruptors. Many of these 22 HAP are PAI's, or are 
used in the production of PAI's, and, thus, could possibly be emitted 
from PAI manufacturing plants. Only one of the 22 HAP compounds was 
reported to be emitted from 20 surveyed plants in the source category, 
and the quantity emitted was very low relative to the quantity of the 
total HAP emissions from the source category. The other HAP that are 
possible endocrine disruptors are each produced (or used) by only one 
or a small number of facilities, and their vapor pressures tend to be 
low relative to the solvents and raw materials used in the PAI 
manufacturing processes (the lower the vapor pressure, the less 
material that will volatilize). As a result, the HAP that are possible 
endocrine disruptors are likely emitted in small quantities, if at all, 
relative to the HAP listed above. The EPA is requesting comments and 
information on the emission levels of these possible endocrine 
disruptors from PAI manufacturing processes.
    The Agency is also requesting comments on whether the risk posed by 
endocrine disruptors warrants more stringent requirements than those 
proposed. Based upon the criteria used in selecting the proposed 
regulatory option, the Agency judged that the existing information on 
emissions and health effects did not justify the additional cost of 
more stringent standards. Therefore, in providing comments, commenters 
should (to the extent possible) provide a quantitative risk assessment 
to support the need for the adoption of more stringent requirements.
    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 20 of 
the existing facilities known by EPA to be in operation. Regulatory 
alternatives more stringent than the MACT floor (the minimum control 
level required by the Act) were selected when they were judged to be 
reasonable, considering cost, nonair impacts, and energy requirements.
    The proposed standards give existing facilities 3 years from the 
date of promulgation to comply. This is the maximum amount of time 
allowed by the Act. New facilities are required to comply with the 
standard upon startup.
    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 
affected 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. The EPA has also attempted to maintain 
consistency with existing regulations by either incorporating text from 
existing regulations or referencing the applicable sections.
    Representatives from other interested EPA offices and programs, 
State environmental agency personnel, and industry participated in the 
regulatory development process as MACT partnership members. The 
partnership members were given opportunities to review and comment on 
the regulation prior to proposal. Industry, regulatory authorities, 
environmental groups, and other interested parties will have another 
opportunity to comment on the proposed standards and provide additional 
information during the public comment period.

C. Regulatory Background

    The proposed rule implements section 112(d) of the Act, which 
requires the Administrator to regulate emissions of HAP listed in 
section 112(b) of the Act. The intent of this rule is to protect the 
public health and the environment by requiring new and existing major 
sources to reduce generation of emissions by using pollution prevention 
strategies or to control emissions to the level achievable by the 
maximum achievable control technology (MACT), taking into consideration 
the cost of achieving such emission reductions, any nonair quality and 
other air quality related health and environmental impacts, and energy 
requirements.
    In 1994, EPA promulgated National Emission Standards for Hazardous 
Air Pollutants for Certain Processes Subject to the Negotiated 
Regulation for Equipment Leaks (59 FR 19587). Processes producing 
Captafol, Captan, Chlorothalonil, Dacthal, and 
TordonTM acid that use butadiene, carbon tetrachloride, 
methylene chloride, or ethylene dichloride as a reactant or process 
solvent, are subject to the Negotiated Regulation for Equipment Leaks. 
The EPA is proposing today to require control of leaking components 
that are currently not subject to the Negotiated Regulation for 
Equipment Leaks, but that contain HAP and are associated with processes 
in this source category.

III. Authority for NESHAP Decision Process

A. Source of Authority for NESHAP Development

    Section 112 of the Act 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 Agency to use this pollutant list to 
develop and publish a list of source categories for which NESHAP

[[Page 60570]]

will be developed; this list was published in the Federal Register on 
July 16, 1992 (57 FR 31576). The Agency must list all known categories 
and subcategories of ``major sources'' 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/yr or 
more of any one HAP or 25 tons/yr or more of any combination of HAP.
    Under section 112(c)(1) of the Act, List of Source Categories, the 
Administrator has the authority to establish additional source 
categories as seems appropriate. Ten (revised to 11) categories of 
agricultural chemicals were included on the original list. Because the 
processes, HAP emissions, control technologies, and control costs for 
these 11 agricultural chemicals are similar to the processes, HAP 
emissions, control technologies, and control costs for other PAI's, the 
Administrator included other PAI's on the source category list and 
grouped the agricultural chemicals and the PAI's together into one 
source category.

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 Act. The statute requires the standards to 
reflect the maximum degree of reduction in emissions of HAP that is 
achievable for new or existing sources. This control level is based on 
the ``maximum achievable control technology'' (MACT). The selection of 
MACT must reflect consideration of the cost of achieving the emission 
reduction, any nonair quality health and environmental impacts, and 
energy requirements for control levels more stringent than the floor 
(described below).
    The MACT floor is the least stringent level 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 can 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)). The 
determination of the MACT floor for existing sources under today's rule 
is that the average emission limitation achieved by the best performing 
sources is based on a measure of central tendency, such as the 
arithmetic mean, median, or mode.
    In establishing the floors, the EPA adopted a different approach in 
order to reduce the paperwork burden on the industry. Through 
literature reviews, State contacts, and plant visits, EPA identified 
companies which appeared to have the best controlled plants and sent 
data collection requests only to these companies. In identifying these 
companies, EPA also considered the need to include a variety of process 
and product types in the survey. Data for the PAI production industry 
were collected from facilities that achieve high emissions reductions, 
produce a variety of PAI's, use a variety of production processes, and 
are major sources. As the standards for existing sources are based on 
the best-performing 12 percent of sources, the number of best-
performing sources for this source category is 9 facilities (i.e., 12 
percent of 78 facilities). Information from the data collection 
requests was received from 20 facilities. The best-performing 9 
facilities are included in these 20 surveyed facilities.

C. Authority for Development of Risk-Based Standards

    The Act includes an exception to the general statutory requirement 
to establish emission standards based on MACT. Section 112(d)(4) of the 
Act provides EPA with authority, at its discretion, to develop risk-
based standards for HAP ``for which a health threshold has been 
established,'' provided that the standard achieves an ``ample margin of 
safety.'' Under this authority, EPA may propose not to regulate HAP 
emissions if the results of exposure assessment modeling show exposure 
levels to HAP emissions to be below the health threshold value by an 
ample margin of safety, and if no significant or widespread adverse 
environmental effects from HAP emissions are expected.
    The following discussion in today's notice summarizes the Agency's 
determination of HCl as a threshold pollutant, an ecological assessment 
of HCl, and the data that would have to be provided for EPA to consider 
adopting a risk-based approach to regulate HCl emissions from PAI 
manufacturing facilities.
    Based on negative carcinogenicity data in one animal study, and on 
EPA's knowledge of how HCl reacts in the body and its likely mechanism 
of action, the Agency presumptively considers HCl to be a threshold 
pollutant. For HCl (and other pollutants that are considered to have a 
``threshold of safety'' below which adverse effects are not expected), 
information on noncarcinogenic effects must be evaluated to determine 
the potential hazards associated with exposure. One approach for 
determining the potential hazards of a pollutant is to use its 
Inhalation Reference Concentration (RfC). The RfC for HCl is 20 
micrograms per cubic meter (g/m3); this value was 
derived from a single animal study.
    The emissions standards must also protect against significant and 
widespread adverse environmental effects to wildlife, aquatic life, and 
other natural resources. Based on a review of published studies, the 
Agency concluded that the RfC can reasonably be expected to protect 
against widespread adverse effects in animal species, and that effects 
on plant tissues and aquatic organisms likely will be local rather than 
widespread. The HCl concentrations were more than an order of magnitude 
above the RfC in some of the studies in which deleterious effects were 
observed; other studies did not report the HCl concentrations.
    The Agency has not conducted an exposure assessment for the PAI 
manufacturing industry because the data needed in the analysis, 
including the identity of some of the 78 estimated affected sources, 
are not available. Furthermore, the burden to EPA and the industry of 
collecting and analyzing the data may not be warranted given the 
relatively small potential reduction in HCl control costs that could 
occur. However, the Agency solicits comments on the adequacy, 
desirability, and feasibility of developing a risk-based standard for 
HCl emissions from PAI manufacturing facilities. For EPA to develop a 
risk-based standard for HCl emissions from PAI manufacturing 
facilities, the industry would need to provide data for each affected 
source. Specifically, the HCl emissions and stack parameters for each 
HCl emission point (stack and fugitive sources) at the contiguous 
facility (i.e., both PAI and all other processes) for each affected 
source would be needed.

IV. Summary of Proposed Standards

    This section describes the source category and pollutants covered, 
defines an affected source, and summarizes the proposed rule 
requirements for each emission point. A pollution prevention 
alternative is also summarized in this section. For an explanation of 
the process and rationale used to select

[[Page 60571]]

these requirements, see chapters 6 and 8 of the Basis and Purpose 
Document (located in docket No. A-95-20).

A. Source Categories To Be Regulated

    The proposed standards would regulate HAP emissions from facilities 
that are major sources that produce PAI's for use in insecticide, 
herbicide, or fungicide products. The standards would apply to existing 
sources as well as new sources.

B. Pollutants To Be Regulated and Associated Environmental and Health 
Benefits

    Pesticide Active Ingredients production facilities emit an 
estimated 6,750 Mg/yr of organic and inorganic HAP. Organic HAP's 
include methylene chloride, methanol, and toluene as well as other HAP. 
Hydrogen chloride is an inorganic HAP emitted by this industry. The 
proposed rule would reduce HAP emissions from PAI facilities by 76 
percent. Some of these pollutants are considered to be carcinogenic, 
and all can cause toxic health effects following exposure, including 
nausea, headaches, and possible reproductive effects. The EPA does 
recognize that the degree of adverse effects to human health can range 
from mild to severe. The extent and degree to which the human health 
effects may be experienced is dependent upon (1) the ambient 
concentration observed in the area (e.g., as influenced by emission 
rates, meteorological conditions, and terrain), (2) the frequency of 
and duration of exposures, (3) characteristics of exposed individuals 
(e.g., genetics, age, pre-existing health conditions, and lifestyle) 
which vary significantly with the population, and (4) pollutant 
specific characteristics (toxicity, half-life in the environment, 
bioaccumulation, and persistence).
    Most of the organic HAP emitted from this industry are classified 
as VOC. The proposed emission controls for HAP will reduce non-HAP VOC 
emissions as well. Emissions of VOC have been associated with a variety 
of health and welfare impacts. Volatile organic compound emissions, 
together with nitrogen oxides, are precursors to the formation of 
tropospheric ozone. Exposure to ambient ozone is responsible for a 
series of public health impacts, such as alterations in lung capacity; 
eye, nose, and throat irritation; nausea; and aggravation of existing 
respiratory disease. Among the welfare impacts from exposure to ambient 
ozone include damage to selected commercial timber species and economic 
losses for commercially valuable crops such as soybeans and cotton.
    Hydrogen chloride is listed under section 112(r) of the CAA. The 
intent of section 112(r), Prevention of Accidental Releases, is to 
focus on chemicals that pose a significant hazard to the community 
should an accident occur, to prevent their accidental release, and to 
minimize consequences should a release occur. Hydrogen chloride, along 
with the other substances listed under section 112(r)(3), is listed 
because it is known to cause, or may be reasonably anticipated to cause 
death, injury, or serious adverse effects to human health or the 
environment (see 59 FR 4478, January 31, 1994). Sources that handle 
hydrogen chloride in greater quantities than the established threshold 
quantity under section 112(r)(5) will be subject to the risk management 
program requirements under section 112(r)(7) (see 58 FR 54190, October 
20, 1993).
    In essence, the MACT standards mandated by the CAA will ensure that 
all major sources of air toxic emissions achieve the level of control 
already being achieved by the better controlled and lower emitting 
sources in each category. This approach provides assurance to citizens 
that each major source of toxic air pollution will be required to 
effectively control its emissions. In addition, the emission reductions 
achieved by these proposed standards, when combined with the reductions 
achieved by other MACT standards, will contribute to achieving the 
primary goal of the CAA, which is 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'' (the CAA, 
section 101(b)(1)).

C. Affected Sources

    The affected source for the purpose of this regulation is the 
facility-wide collection of emission points; these emission points 
include process vents, storage tanks, waste management units and 
associated treatment residuals, heat exchange systems, and equipment 
components that are associated with PAI manufacturing operations.
    New sources occur as a result of reconstructing existing sources, 
constructing new ``greenfield'' facilities, or adding PAI manufacturing 
operations at a plant site that currently does not produce PAI's. 
Additionally, if a facility adds to the PAI manufacturing operations at 
a plant site that is an existing affected source, the addition will be 
subject to the requirements for new sources provided that the addition 
meets the definition of construction in Sec. 63.2 of subpart A of part 
63 (General Provisions) and the addition has the potential to emit 10 
tons/yr or more of any one HAP or 25 tons/yr or more of any combination 
of HAP. Otherwise, the added PAI manufacturing operations are 
considered part of the existing source and would be subject to existing 
source standards.

D. Format of the Standards

    The proposed standards for gaseous organic HAP and HCl emissions 
from process vents are presented in a combination of percent reduction 
and mass limit format. Facilities will have the option of using any 
control technology, as long as the HAP reductions or mass limits are 
achieved. The format of the proposed standards for storage tanks is a 
combination of equipment standard and performance standard--tanks that 
must be controlled are required to be fitted with floating roofs or 
with add-on devices meeting a percent removal requirement. The proposed 
standards for wastewater emission points allow: (1) Several percent 
mass removal options, (2) concentration limit, (3) mass limit, or (4) 
equipment design and operation formats. The proposed wastewater 
standards, and thus the format of the standards, are the same as in the 
HON, except that only a percent mass removal option is allowed for 
facilities that have total HAP loading greater than a specified cutoff. 
Equipment leak standards are in the form of equipment/work practice 
standards. Facilities would be required to implement the program 
specified in the proposed regulation to achieve compliance with the 
standards. The proposed standards for particulate HAP emissions from 
bag dumps and product dryers are presented in a concentration format. 
Additional information pertaining to the selection of the proposed 
standards is provided in Chapter 8 of the Basis and Purpose Document 
(located in docket No. A-95-20).
    An alternative pollution prevention standard is also being 
proposed. This standard can be met in lieu of meeting separate 
standards for process vents, equipment leaks, storage tanks, 
wastewater, bag dumps, and heat exchange systems associated with each 
PAI production process. The format for this alternative standard is a 
mass reduction in HAP consumption per unit mass of product produced in 
the process.

E. Proposed Standards

1. Standards
    Table 1 summarizes the proposed standards for process vents, 
storage tanks, wastewater, equipment leaks, bag

[[Page 60572]]

dumps and product dryers, and heat exchange systems at existing and new 
affected sources. The proposed standards are based on the MACT floor 
level of control, except where a more stringent level of control was 
determined to be technically feasible at a reasonable cost. Detailed 
information describing the approach used to determine the MACT floor 
and regulatory alternatives is presented in the Basis and Purpose 
Document (located in docket No. A-95-20).

                                 Table 1.--Proposed Standards for PAI Production                                
----------------------------------------------------------------------------------------------------------------
          Emission source                        Applicability                           Requirement            
----------------------------------------------------------------------------------------------------------------
Process vents......................  Existing:                                                                  
                                     Processes having uncontrolled organic  90% for organic HAP per process or  
                                      HAP emissions 0.15 Mg/yr.   <20 ppmv TOC.                      
                                     Processes having uncontrolled HCl      94% for HCl per process.            
                                      emissions 6.8 Mg/yr.                                           
                                     Individual process vents meeting TRE   98% gaseous organic HAP control per 
                                      criteria that have gaseous organic     vent or <20 ppmv TOC.              
                                      HAP emissions controlled to less                                          
                                      than 90% as of proposal date.                                             
                                     New:                                                                       
                                     Processes having uncontrolled organic  98% for organic HAP per process or  
                                      HAP emissions 0.15 Mg/yr.   <20 ppmv TOC at control device     
                                                                             outlet.                            
                                     Processes having uncontrolled HCl      94% for HCl per process.            
                                      emissions 6.8 Mg/yr and                                        
                                      <191 Mg/yr.                                                               
                                     Processes having uncontrolled HCl      99.9% for HCl per process.          
                                      emissions 191 Mg/yr.                                           
Storage tanks......................  Existing: 0.11 Mg/yr                                            
                                      uncontrolled HAP emissions:                                               
                                      38 m3 <76 m3       41% control per tank.               
                                      capacity.                                                                 
                                      76 m3 capacity...  95% control per tank.               
                                     New: 0.45 kg/yr             98% control per tank or <20 ppmv TOC
                                      uncontrolled HAP emissions and 26 m3 capacity.                                                    
Wastewater a.......................  Existing: 10,000 ppmw       Reduce concentration of total Table 
                                      Table 9 compounds at any flowrate or   9 compounds to <50 ppmw (or other  
                                      1,000 ppmw Table 9          options).                          
                                      compounds at 10 L/min.                                         
                                     New:                                                                       
                                     Same criteria as for existing sources  Reduce concentration of total Table 
                                                                             9 compounds to <50 ppmw (or other  
                                                                             options).                          
                                     Total HAP load in wastewater POD       99% reduction of Table 9 compounds  
                                      streams 2,100 Mg/yr.        from all streams.                  
Equipment leaks....................  Subpart H............................  Subpart H with minor changes.       
Bag dumps and product dryers.......  All..................................  Particulate HAP concentration not to
                                                                             exceed 0.01 gr/dscf.               
Heat exchange systems..............  Each heat exchange system used to      Monitoring and leak repair program  
                                      cool process equipment in PAI          as in HON.                         
                                      manufacturing operations.                                                 
----------------------------------------------------------------------------------------------------------------
a Table 9 is listed in the appendix to subpart G of 40 CFR part 63.                                             

    a. Process Vents. The proposed standards would require existing 
sources to reduce organic HAP and HCl emissions from process vents. 
Specifically, existing sources would be required to reduce organic HAP 
emissions by 90 percent from each process where the sum of uncontrolled 
organic HAP emissions from all vents in the process is greater than or 
equal to 0.15 Mg/yr (330 pounds per year [lb/yr]). Alternatively, the 
proposed rule would require that combustion, recovery, or recapture 
control devices meet an outlet total organic carbon (TOC) concentration 
of 20 parts per million by volume (ppmv); the 90 percent reduction 
requirement would apply to the sum of uncontrolled organic HAP 
emissions from all other vents in the process. Additionally, the 
proposed rule would require organic HAP emissions from any individual 
vent that meets certain annual emissions and flowrate criteria to be 
reduced by 98 weight percent or to an outlet concentration of 20 ppmv; 
the 90 percent requirement would apply to the sum of organic HAP 
emissions from all other vents in the process. The proposed standards 
would also require existing sources to reduce HCl emissions by 94 
percent from each process where the sum of uncontrolled emissions from 
all vents in the process is greater than or equal to 6.8 Mg/yr (7.5 
tons/yr).
    New sources would be required to meet various process-based control 
levels. Specifically, for each process where the sum of the 
uncontrolled organic HAP emissions from all vents in the process is 
greater than or equal to 0.15 Mg/yr (330 lb/yr), the proposed standards 
would require an overall 98 percent reduction in the organic HAP 
emissions per process. Alternatively, the proposed standards would 
require that combustion, recovery, or recapture devices meet an outlet 
TOC concentration of 20 ppmv, and the 98 percent reduction requirement 
would apply to the sum of uncontrolled organic HAP emissions from all 
other vents in the process. The proposed standards would also require a 
94 percent reduction of HCl emissions from each process where the sum 
of uncontrolled HCl emissions from all vents in the process is greater 
than or equal to 6.8 Mg/yr (7.5 tons/yr) and less than 191 Mg/yr (211 
tons/yr). The proposed standards would require new sources to reduce 
HCl emissions by 99.9 percent from each process where the sum of 
uncontrolled HCl emissions from all vents in the process is greater 
than or equal to 191 Mg/yr (211 tons/yr).
    The proposed standards for organic HAP from process vents at 
existing sources are based on a regulatory alternative that consists of 
the MACT floor level of control for most vents and a more stringent 
level of control for vents that meet certain applicability criteria. An 
applicability cutoff, based on a linear equation relating vent flowrate 
and annual HAP load, is used to determine the vents that have organic

[[Page 60573]]

HAP emissions that must be controlled to the more stringent level of 98 
percent. The cost of this alternative above the MACT floor is $2,500/Mg 
and was judged to be reasonable. The proposed standards for HCl from 
process vents at existing sources are based on the MACT floor level. 
The proposed standards for both organic HAP and HCl emissions from 
process vents at new sources are based on the MACT floor level for new 
sources. For additional information, see chapters 6 and 8 of the Basis 
and Purpose Document (located in docket No. A-95-20).
    b. Storage Tanks. The proposed standards would require existing 
sources to control storage tanks that have a capacity greater than or 
equal to 38 cubic meters (m3) (10,000 gal) and uncontrolled 
organic HAP emissions greater than or equal to 0.11 Mg/yr (240 lb/yr). 
Specifically, the proposed standards would require that organic HAP 
emissions be reduced by 41 percent from storage tanks having volumes 
greater than or equal to 38 m3 (10,000 gal) and less than 76 
m3 (20,000 gallons) and by 95 percent from storage tanks 
with capacities greater than or equal to 76 m3 (20,000 
gallons). However, storage tanks greater than or equal to 76 
m3 (20,000 gallons) that are currently controlled at or 
above the floor level (41 percent) would not be required to achieve 95 
percent. One of the following control systems can be applied to meet 
these requirements:
    (1) An internal floating roof with proper seals and fittings;
    (2) An external floating roof with proper seals and fittings;
    (3) An external floating roof converted to an internal floating 
roof with proper seals and fittings; or
    (4) A closed vent system with either a 41 percent or a 95 percent 
efficient control device, as appropriate.
    New sources would be required to reduce uncontrolled organic HAP 
emissions from storage tanks with capacities greater than or equal to 
26 m3 (7,000 gal) and uncontrolled HAP emissions greater 
than or equal to 0.45 kg/yr (1.0 lb/yr) by 98 percent or use a 
combustion, recovery, or recapture control device that meets an outlet 
TOC concentration of 20 ppmv. This requirement can be met with a closed 
vent system with a 98 percent efficient control device.
    At existing sources, the proposed standards for storage tanks that 
have uncontrolled emissions greater than or equal to 0.11 Mg/yr (240 
lb/yr) and capacities less than 76 m3 (20,000 gal) are based 
on the MACT floor control level. The proposed standards for storage 
tanks at existing sources that have uncontrolled emissions greater than 
or equal to 0.11 Mg/yr (240 lb/yr) and capacities greater than or equal 
to 76 m3 (20,000 gal) are based on a regulatory alternative 
that is more stringent than the MACT floor. Floating roof technology is 
considerably less expensive than add-on controls for storage tanks with 
capacities greater than or equal to 76 m3 (20,000 gal); 
therefore, there is no additional cost for the regulatory alternative 
above the MACT floor. The proposed standards for storage tanks at new 
sources are based on the MACT floor level for new sources.
    c. Wastewater. The wastewater provisions are similar to the HON 
wastewater provisions (subpart G of 40 CFR part 63), with modifications 
made for the PAI production industry. The proposed standards would 
require existing and new sources to control Group 1 wastewater streams. 
Under the proposed standards, existing and new sources would be 
required to determine Group 1 status for both process wastewater 
streams and maintenance wastewater streams. A wastewater stream is a 
Group 1 stream for compounds listed in Table 9 of the appendix to 
subpart G of 40 CFR part 63 (i.e., ``Table 9'' compounds in the 
remainder of this discussion) if:
    (1) The total annual average concentration of Table 9 compounds is 
greater than or equal to 10,000 ppmw at any flowrate; or
    (2) The total annual average concentration of Table 9 compounds is 
greater than or equal to 1,000 ppmw and the annual average flowrate is 
greater than or equal to 10 liters per minute (L/min) (2.6 gallons per 
minute (gal/min)).
    The proposed standards would require existing sources with Group 1 
wastewater streams for Table 9 compounds:
    (1) To reduce the concentration of Table 9 compounds to less than 
50 ppmw;
    (2) To use a steam stripper with specific design and operating 
requirements;
    (3) To reduce the mass flow rate of Table 9 compounds by at least 
99 percent;
    (4) To reduce the mass flow rate of Table 9 compounds by an amount 
equal to or greater than the Fr value in Table 9;
    (5) For a source using biotreatment for at least one wastewater 
stream that is Group 1 for Table 9 compounds, to achieve a required 
mass removal greater than or equal to 95 percent for Table 9 compounds; 
or
    (6) To treat wastewater streams with permitted RCRA units or by 
discharging to a permitted underground injection well.
    The proposed standards would require new sources with Group 1 
wastewater streams for Table 9 compounds to control Table 9 compounds 
to the same level required for existing sources. In addition, new 
sources with a total mass flow rate from the source of 2,100 Mg/yr 
(2,300 tons/yr) or more of Table 9 compounds would be required to 
reduce the mass flow rate of Table 9 compounds from all wastewater 
streams by 99 percent. This difference from the HON was needed because 
the MACT floor for new sources is more stringent than the provisions in 
the HON for facilities that exceed this mass flow rate cutoff.
    A source is exempted from the wastewater standards if:
    (1) The total mass flow rate of Table 9 compounds in Group 1 
streams is less than 1 Mg/yr (1.1 tons/yr); or
    (2) If the total mass flow rate of Table 9 compounds in untreated 
Group 1 wastewater streams and in Group 1 wastewater streams that are 
treated to levels less stringent than the levels required by the 
standard is less than 1 Mg/yr (1.1 tons/yr).
    The proposed standards for wastewater at existing sources are based 
on a regulatory alternative more stringent than the MACT floor control 
level. The cost of the regulatory alternative was determined to be 
$3,070/Mg. This value was judged to be acceptable based on decisions 
for previously promulgated part 63 rules for sources with organic HAP 
emissions. In addition, this regulatory alternative requires the same 
degree of control as the HON. The wastewater streams from PAI units are 
similar to those released from HON units, and often occur at the same 
plant sites.
    The proposed standards for wastewater at new sources with a total 
HAP load less than 2,100 Mg/yr (2,300 tons/yr) are based on a 
regulatory alternative more stringent than the MACT floor level for new 
sources. These proposed standards are the same as the proposed 
standards for existing sources; therefore, the cost was judged to be 
reasonable. Proposed standards for new sources with a total HAP load 
greater than or equal to 2,100 Mg/yr (2,300 tons/yr) are based on the 
MACT floor control level for new sources, which, as noted above, is 
more stringent than the standards for new sources that have a mass flow 
rate below the mass flow rate cutoff. For additional information, see 
chapters 6 and 8 of the Basis and Purpose Document (located in docket 
No. A-95-20).

[[Page 60574]]

    d. Equipment Leaks. The proposed standards would require that new 
and existing PAI production sources implement for each process a leak 
detection and repair (LDAR) program that is slightly modified from the 
program specified in the Negotiated Regulation for Equipment Leaks (40 
CFR part 63, subpart H). The LDAR program specified under subpart H 
requires specific equipment modifications and work practices that 
reduce emissions from equipment leaks. This program was modified to 
consider the emissions from receivers and surge control vessels to be 
from process vents rather than equipment leaks.
    For existing sources, the MACT floor for equipment leaks was 
determined to be no control, and the regulatory alternative consisted 
of the LDAR program specified under subpart H. The proposed standards 
for existing sources are based on the regulatory alternative because 
the LDAR program was determined to be technically feasible, and the 
cost of $550/Mg was judged to be reasonable. For new sources, the 
proposed standards are based on the MACT floor level of control.
    The EPA will consider consolidating the equipment leaks program 
specified in this subpart (subpart MMM) with the subpart H LDAR program 
after promulgation of subpart MMM. The EPA will also consider cross-
referencing the Consolidated Air Rule (CAR) if the CAR is complete 
before this rule is promulgated.
    e. Bag Dumps and Process Dryers. Under the proposed standards, 
particulate HAP emissions from bag dumps and dryers at both new and 
existing sources would not be allowed to exceed 0.01 grains per dry 
standard cubic feet (gr/dscf). The standard is based on the MACT floor 
for both new and existing sources. For additional information, see 
chapters 6 and 8 of the Basis and Purpose Document (located in docket 
No. A-95-20).
    f. Heat Exchange Systems. Heat exchange systems that cool process 
equipment or materials used in PAI manufacturing are also emissions 
points subject to the proposed rule. The proposed standards are based 
on HON provisions. A source must (1) monitor monthly for leaks in the 
cooling water for 6 months and quarterly thereafter, and (2) repair 
leaks and test to demonstrate that the leak has been repaired.
2. Alternative Pollution Prevention Standard
    For existing sources, the proposed rule also includes a pollution 
prevention (P2) alternative standard that meets the requirements of the 
MACT standards, and can be implemented in lieu of the requirements 
described above. The P2 alternative standard provides a way for 
facilities to comply with the MACT standards by reducing overall 
consumption of HAP from their processes. The two options that were 
developed are described in Table 2 and are discussed below. This 
alternative does not apply to HAP that are used as reactants (below the 
stoichiometric amount needed to produce the product) or to HAP that are 
generated in the process.

                    Table 2.--Alternative P2 Standard                   
------------------------------------------------------------------------
             Option                      Description of P2 option       
------------------------------------------------------------------------
1..............................  Demonstrate an 85% reduction in the kg 
                                  consumption/kg production factor from 
                                  a baseline year of 1987.              
2..............................  Demonstrate a 50% reduction in the kg  
                                  consumption/kg production factor and  
                                  additional reduction from add-on      
                                  control equivalent to yield 85%       
                                  overall reduction in kg consumption/kg
                                  production.                           
------------------------------------------------------------------------

    In the first option, an owner or operator can satisfy the MACT 
requirements for all process vents, storage tanks, equipment leaks, 
wastewater, bag dumps, and heat exchange systems associated with an 
existing process by demonstrating that the production-indexed 
consumption of HAP has decreased by 85 percent from a baseline set at 
the first 12-month period for which data are available but no earlier 
than the 1987 calendar year. (1987 was the first year industrial 
facilities had to report their estimated toxic releases to the EPA 
under the Emergency Planning and Community Right-to-Know Act of 1986). 
Emissions from product dryers are excluded from the P2 option because 
reductions in consumption would not affect product emissions. The 
production-indexed consumption factor is expressed as kg HAP consumed 
per kg product produced (kg consumed/kg produced factor). The numerator 
in the kg consumed/kg produced factor is the total consumption of 
material, which describes all the different areas where material can be 
consumed, either through losses to the environment, consumption in the 
process as a reactant, or otherwise destroyed. Consumption, rather than 
emissions, is tracked because it can be used as a true measure of 
pollution prevention; any decrease in consumption for the same unit of 
product generated must involve some type of increase in process 
efficiency, including reduction of waste, increased product yield, and 
in-process recycling. Because HAP are used generally as raw materials 
and solvents in this industry, reductions in consumption can be 
generally associated with reductions in emissions to air, water, or 
solid waste.
    The second option also uses the production-indexed consumption 
factor and is also applied to existing processes. It encourages and 
allows an owner or operator to supplement reductions achieved with P2 
with add-on controls. The EPA believes that such an option will provide 
greater flexibility and cost efficiency to the operators who already 
may have some add-on controls. An owner or operator would be required 
to demonstrate reductions in the kg consumed/kg produced factor of 50 
percent via P2 measures, and actual mass emission reductions equivalent 
to 35 percent of the kg consumed/kg produced factor would be required 
using add-on controls. Thus, the total reduction required by option 2 
would be equivalent to or greater than an 85 percent reduction in the 
kg consumed/kg produced factor, the same as in option 1.

F. Compliance and Performance Test Provisions

1. Proposed Standards
    a. Process Vents. To determine compliance with the percent 
reduction requirements for gaseous HAP and HCl emissions from PAI 
process vents, the owner or operator would be required to quantify the 
uncontrolled and controlled gaseous emissions from all process vents to 
demonstrate the appropriate overall reduction requirements. For process 
vents controlled by a device with an inlet of less than 10 tons/yr of 
HAP, the owner or operator can either test or use calculational 
methodologies to determine the uncontrolled and controlled emission 
rates from individual process vents. For process vents controlled by a 
device with an inlet of 10 tons/yr or more of HAP, performance tests 
would be required to determine the reduction efficiency of each device. 
Because of their cyclic nature, batch operations tend to have variable 
emissions. Therefore, performance test provisions were structured to 
account for the peak-case emissions. Continuous processes tend to have 
more consistent emissions, but for simplicity, the same performance 
test provisions are applied to controls for continuous processes. This 
approach essentially considers emissions from

[[Page 60575]]

continuous processes to be peak-case at all times. Control devices that 
have previously been tested under conditions required by this standard 
and condensers are exempt from performance testing.
    b. Storage Tanks. For demonstrating compliance with various 
requirements, the proposed rule allows the owner or operator to either 
conduct performance tests or to document compliance using engineering 
calculations. Appropriate compliance and monitoring provisions are 
included in the regulation.
    c. Wastewater. For demonstrating compliance with the various 
requirements, owners and operators have a choice of using a specified 
design, conducting performance tests, or documenting engineering 
calculations. Appropriate inspection, monitoring, reporting, and 
recordkeeping requirements are included in the regulation.
    d. Equipment Leaks. To determine compliance with the standard for 
equipment leaks, facilities would have to demonstrate that an LDAR 
program meeting the requirements of the modified subpart H is in use.
    e. Bag Dumps and Product Dryers. To demonstrate compliance with the 
particulate HAP emission limit of 0.01 gr/dscf, the owner or operator 
would be required to conduct a performance test.
2. Pollution Prevention Alternative Standard
    Initial demonstration of compliance with the P2 alternative 
standard would be accomplished by documenting yearly quantities of HAP 
raw materials and products using available records, including standard 
purchasing and accounting records, and calculating the kg consumed/kg 
produced values. Procedures are also specified to demonstrate that the 
required reductions are achieved by the control devices used to meet 
option 2.

G. Monitoring Requirements

1. MACT Emission Standards
    Monitoring would be required by the proposed standards to determine 
whether a source is in compliance on an ongoing basis. This monitoring 
is done either by (1) continuously measuring emission reductions 
directly or (2) continuously measuring a site-specific operating 
parameter, the value of which is established by the owner or operator 
during the initial compliance determination. The operating parameter 
value is defined as the minimum or maximum value established for a 
control device or process parameter that, if achieved on a daily 
average by itself or in combination with one or more other operating 
parameter values, determines that the owner or operator is complying 
with the applicable emission standards. Except for the bag leak 
detectors, these parameters are required to be monitored at 15-minute 
intervals throughout the operation of the control device. For a device 
controlling streams that, in aggregate, contain less than 1 ton/yr of 
HAP, only a site-specific periodic verification that the device is 
operating as designed is required to demonstrate continuous compliance. 
Owners and operators must determine the most appropriate method of 
verification and propose this method to the Agency for approval in the 
Precompliance Report, which is due 1 year prior to the compliance date 
of the standard.
    Under the proposed NESHAP, the owner or operator must install a bag 
leak detection system for each fabric filter used to control 
particulate HAP emissions from bag dumps or product dryers. The bag 
leak detection system is required because opacity is not a good 
indicator of performance at the low, controlled particulate levels 
characteristic of these sources. The bag leak detection system would be 
equipped with an audible alarm that automatically sounds when an 
increase in particulate emissions above a predetermined level is 
detected. The proposed rule requires that the monitor provide an output 
of relative or absolute particulate emissions. Such a device would 
serve as an indicator of the performance of the fabric filter and would 
provide an indication of when maintenance of the fabric filter is 
needed. An alarm by itself does not indicate noncompliance with the 
particulate HAP limit, but would indicate an increase in PM emissions 
and trigger an inspection of the fabric filter to determine the cause 
of the alarm. The owner or operator would initiate corrective actions 
according to procedures submitted with their Notification of Compliance 
Status report. The owner or operator would be considered in violation 
of the particulate HAP standard upon failure to initiate corrective 
actions within 1 hour of the alarm. If the alarm is activated for more 
than 5 percent of the total operating time during the 6-month reporting 
period, the EPA proposes that the owner or opertor develop and 
implement a written quality improvement plan (QIP) consistent with 
subpart D of the draft approach to compliance assurance monitoring.
2. Alternative Standard
    An owner or operator electing to use the P2 alternative can 
demonstrate ongoing compliance by calculating the rolling average of 
the kg consumed/kg produced factor for each applicable process or 
portions of the process. For continuous processes, the rolling average 
is calculated every 30 days, and for batch processes, the rolling 
average is calculated every 10 batches. In both cases, the rolling 
average is based on data from the previous 12 months. In addition, an 
owner or operator electing to use P2 Option 2 would have to monitor the 
emission reduction obtained through the use of traditional controls 
using the methods described above.

H. Reporting and Recordkeeping Requirements

    The owner or operator of any PAI production facility subject to 
these standards would be required to fulfill all reporting requirements 
outlined in the General Provisions of subpart A to 40 CFR part 63. A 
table included in the proposed rule designates which sections of 
subpart A apply to the proposed rule. Specific recordkeeping and 
reporting requirements for each type of emission point are also 
included in the proposed rule.

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

    The emission reductions that would be required by this regulation 
could be met using one or more of several different techniques. Impacts 
were estimated for control scenarios based on traditional control 
techniques that were judged to be the most feasible for meeting the 
requirements of the proposed standards from a technical and cost 
standpoint. Energy, cost, and economic impacts of the P2 alternative 
would be equivalent to or lower than the estimated impacts for 
traditional controls because it is likely that an owner or operator 
would elect to implement only those P2 techniques that have lower 
impacts than traditional controls.

A. Facilities Affected by These NESHAP

    These NESHAP would affect PAI production facilities that are major 
sources in and of themselves, or constitute a portion of a major 
source. There are estimated to be approximately 329 existing facilities 
manufacturing PAI's, 78 of which were estimated to be major sources for 
the purpose of developing these standards and calculating impacts. The 
rate of growth for the PAI production industry is

[[Page 60576]]

estimated to be 2 percent per year for the next 5 years.

B. Air Impacts

    The proposed standards would reduce HAP emissions from existing 
sources by 5,150 Mg/yr (5,680 tons/yr) from the baseline level, a 
reduction of 76 percent from baseline, and 93 percent from 
uncontrolled. These reductions would also occur if facilities elect to 
implement the alternative pollution prevention standard. In addition to 
reducing HAP emissions, VOC will also be reduced. This reduction 
includes VOC that are HAP and other VOC that are not HAP. Volatile 
organic compounds are precursors in the atmospheric reaction with 
oxides of nitrogen that generates tropospheric ozone. The amount of VOC 
reduction (beyond the HAP portion of the VOC) due to implementation of 
the PAI standards cannot be quantified.

C. Water and Solid Waste Impacts

    With the assumption that overheads from steam stripping will be 
recoverable as material or fuel, no solid waste is expected to be 
generated from steam stripping wastewater streams. Additionally, no 
solid waste is expected to be generated from controls of other emission 
points.
    The proposed standards would increase wastewater generated from 
water scrubbers used to control HCl emissions by an estimated 10.8 
million liters per year (2.9 million gallons per year). The volume of 
wastewater generated would also increase at plants that choose a water 
scrubber to control certain water soluble organic HAP; however, the 
increase is expected to be minimal because the use of water scrubbers 
for this purpose is expected to be uncommon.

D. Energy Impacts

    The proposed standards would require an additional energy usage of 
4,880  x  109 British thermal units per year (Btu/yr).

E. Cost Impacts

    The total control cost includes the capital cost to install control 
devices (including floating roofs), the costs involved in operating 
control devices (energy and operating and maintenance costs), costs 
associated with monitoring control devices to ensure compliance, costs 
associated with implementing work practices, and the cost savings 
generated by reducing the loss of valuable product in the form of 
emissions. Monitoring costs include the cost to purchase and operate 
monitoring devices, as well as reporting and recordkeeping costs 
required to demonstrate compliance. Average cost effectiveness, $/Mg of 
HAP removed, is also presented as part of cost impacts and is 
determined by dividing the annual cost by the annual emission 
reduction.
    The estimated total capital costs for existing and new sources 
would be $70.3 million and $10.4 million, respectively (June 1995 
dollars). The total annual costs for control at existing and new 
sources are estimated to be approximately $39.0 million and $5.73 
million, respectively (June 1995 dollars). The average cost 
effectiveness of the standards is estimated to be about $7,600/Mg for 
existing sources and $7,700/Mg for new sources. The EPA estimates that 
industry's nationwide annual cost burden will average $0.37 million for 
monitoring, recordkeeping, and reporting requirements over the first 3 
years following promulgation.
    It is expected that the actual compliance cost impacts of the 
proposed rule would be less than described above because of the 
potential to use common control devices, upgrade existing control 
devices, use other less expensive control technologies, implement 
pollution prevention technologies, or use emissions averaging. Since 
the effect of such practices is highly site-specific and data were 
unavailable to estimate how often the lower cost compliance practices 
could be utilized, it is not possible to quantify the amount by which 
actual compliance costs would be reduced. The EPA believes that the 
overall control costs and the monitoring, reporting, and recordkeeping 
costs will be substantially reduced for the facilities opting to comply 
via the P2 option.

F. Economic Impacts

    The control costs imposed on producers in the PAI production 
industry will increase their cost of production. The effects of the 
changes in production costs are evaluated in the ``Economic Impact 
Analysis of the Proposed NESHAP for the Production of Pesticide Active 
Ingredients.'' The resulting increase in production costs will increase 
the market price by less than 1 percent and decrease market output by 
less than 1 percent. In addition, the regulation's impact on foreign 
competition is relatively small. Social cost incorporates the changes 
in welfare to consumers, unaffected producers, and foreign producers 
and consumers to the cost of the regulation. These costs were 
determined to be negligible for the PAI production industry; therefore, 
the total social cost is estimated to be equal to the total control 
cost. No plant closures are expected from compliance with this set of 
alternatives.

VI. Emissions Averaging

    The proposed rule includes provisions that would allow emissions 
averaging among process vents, storage tanks, and wastewater within an 
existing affected source. New affected sources are not allowed to use 
emissions averaging. Under emissions averaging, a system of ``credits'' 
and ``debits'' is used to determine whether an affected source is 
achieving the required emissions reductions. The new sources have 
historically been held to a stricter standard than existing sources, 
because it is most cost-effective to integrate state-of-the-art 
controls into equipment design and to install the technology during the 
construction of new sources. One reason for allowing averaging is to 
permit existing sources flexibility to achieve compliance at diverse 
points with varying degrees of control already in place in the most 
economically and technically reasonable fashion. This concern does not 
apply to new sources because they can and should be designed and 
constructed with compliance in mind.

VII. Solicitation of Comments

    The Administrator welcomes comments from interested persons on any 
aspect of the proposed rule, and on any statement in the preamble or 
the referenced supporting documents. The proposed rule was developed on 
the basis of available information. The Administrator is specifically 
requesting factual information that may support either the approach 
taken in the proposed standards or an alternate approach. To receive 
proper consideration, documentation or data should be provided. This 
section requests comments on specific issues identified during the 
development of the standard.
    The EPA is requesting comment on the addition of other PAI's to 
this source category. The original source category contained 10 
agricultural chemicals (i.e., PAI's); during information gathering for 
this proposed standard, other PAI's with similar processes, emissions, 
and control equipment were identified and added to the source category.
    The EPA is requesting comments on the clarity of the approach used 
to identify PAI processes subject to the standards. Under FIFRA, all 
facilities producing PAI's (and other pesticide products) are required 
to be registered. Further, all of these registered pesticide-

[[Page 60577]]

 producing establishments are required to report, on EPA form 3540-16, 
the amount of each PAI that they produced in the previous year and an 
estimate of the amount to be produced in the current year. The 
facilities also must classify each PAI in one of 18 product 
classification categories. Under today's proposed rule, PAI processes 
subject to the standards are those that are used in the production of 
insecticide, herbicide, or fungicide products. For the purposes of the 
proposed rule, PAI processes that satisfy this definition are those 
that are classified as an insecticide, insecticide-fungicide, 
fungicide, herbicide, herbicide-fungicide, plant regulator, defoliant, 
desiccant, or multi-use active ingredient on form 3540-16. The EPA also 
evaluated and rejected other approaches for identifying the processes 
that would be subject to the standards. One approach would be to list 
each subject PAI process. This approach was rejected because new 
products are always being developed and existing products are 
discontinued so that a list would soon be out of date. Another option 
would be to cover only registered PAI's. Drawbacks of this option are 
that PAI's produced only for export need not be registered, the ongoing 
reregistration process is likely to result in the cancellation of many 
currently registered PAI's in the next few years, and the registration 
process does not classify the PAI as an insecticide, herbicide, or 
fungicide. The Agency requests comments on the benefits and drawbacks 
of these and any other approaches to identify PAI processes subject to 
the standards.
    The EPA is requesting particulate emissions data from bag dumps and 
product dryers in the PAI production industry. The proposed standard 
for particulates for bag dumps and product dryers was based on 
information for a product dryer from a single facility; this was the 
only surveyed facility that dried a PAI that is also a HAP. Other 
facilities that manufacture PAI's that have PM HAP emissions from bag 
dumps or product dryers may submit available test data or engineering 
estimates of the emissions, along with any available information about 
the design and operation of the control device.
    The EPA is requesting information and data on equipment leak 
emissions in the PAI production industry. During the development of 
this proposed regulation, various industry representatives commented 
that (1) SOCMI emission factors used to estimate emissions from 
equipment leaks overestimate the actual emissions, (2) the proposed 
equipment leak requirements (HON, subpart H of this part) are too 
stringent, i.e., the frequent monitoring requirements associated with 
the HON are burdensome, especially because industry believes equipment 
components are well-controlled, and (3) the requirements in the 
Consolidated Air Rule (CAR) are possible alternatives to the HON 
requirements for equipment leak standards. To support their comments, 
industry has submitted a summary of test results to EPA to demonstrate 
that the industry is already well-controlled with respect to equipment 
leaks. The EPA has reviewed these data and believes that the data are 
insufficient to support the industry position. The EPA is requesting 
additional information and test data [screening data] on this issue. 
These data should be collected in accordance with accepted EPA protocol 
(Protocol for Equipment Leak Emission Estimates, EPA Document No. EPA-
453/R-95-017).
    The EPA is soliciting comments on several aspects of performance 
testing and monitoring. The rule currently requires performance testing 
to document efficiencies for control devices that are used to reduce 
uncontrolled emissions of 10 tons per year or more. The rule currently 
requires that the performance test be conducted under ``peak-case'' 
conditions and provides for three options--absolute, representative, 
and hypothetical peak-case. The EPA is soliciting comments on 
appropriate test conditions to be defined for different types of 
control devices, especially scrubbers and carbon adsorbers.
    The proposed rule provides for parametric monitoring to comply with 
the standard and includes specific operating parameters to be 
monitored. The EPA is soliciting comments on the use of alternative 
parameters without the requirement of prior notification in the 
Precompliance report. Parameters other than those specified in the rule 
that could be used to demonstrate compliance include: (1) For 
condensers, coolant temperature and flow (only with emissions testing), 
(2) for scrubbers, measurement of pressure drop, scrubber fluid 
composition, or pH, and (3) for carbon adsorbers, adsorption cycle and 
regeneration frequency, bed temperature, regeneration stream flow, 
periodic test for bed poisoning, and periodic vent testing and/or 
predetermined scheduled replacement. The EPA is soliciting comment on 
the adequacy of these parameters for demonstrating continuous 
compliance with the rule.
    An issue raised by industry associated with parametric monitoring 
is related to the setting of a parameter based on an initial compliance 
determination at conditions which represent the upper limit (with 
regard to achievable control) of conditions that will be encountered 
during the course of operations. The concern is that the rule 
effectively requires a control level that is greater than the standard 
because the control devices will presumably achieve higher control on 
conditions that are below this upper limit, which may occur frequently 
in this industry because of the predominance of batch processes. The 
EPA has tried to resolve this issue by allowing owners and operators to 
set more than one parameter level for a given control device for 
processes or portions of processes not requiring control levels as high 
as the peak-case or upper limit. These parametric levels are required 
to be defined in advance in the Notification of compliance report. If 
more than one level is set, owners and operators must make a 
determination of compliance with the standards based on what processes 
or emission characteristics are routed to the device at the time in 
which a monitoring reading is taken. Additionally, the determination of 
an exceedance is based on a maximum of 24 hours worth of data, or 96 
15-minute readings, per process. Therefore, readings outside of 
acceptable ranges can be averaged in with readings that are within 
range and effectively normalized. The EPA believes that the approach 
taken offers the industry needed flexibility while preserving the 
assurance of continuous compliance.
    Currently, the Notification of Compliance report is the compliance 
``blueprint'' for implementation of the standard. All information 
regarding documentation of the facility's compliance status with regard 
to the standard should be included in this report. Process 
descriptions, emission estimates, control device performance 
documentation, and continuous compliance demonstration strategies, 
including monitoring, are to be presented in the report. This report 
could be incorporated by reference into the facility's title V permit. 
If a change occurred at the facility which required the submittal of 
additional information, or if the plant chose to revise procedures that 
had been previously documented in the notification, this information 
would be submitted in quarterly reports, thus ensuring that the 
notification and associated reports would always contain the most 
current compliance strategy for the facility. Only changes requiring 
site-specific approval, such as the use of a monitoring parameter that 
was not

[[Page 60578]]

specifically identified in the standard, would trigger some significant 
review action under title V. This would allow the facility enough 
flexibility to change processes, operating, and compliance procedures 
as necessary without prior approval, if the changes were 
straightforward, and would assure that the compliance plan for the 
facility would always be current. The EPA is also soliciting comments 
on the incorporation by reference of the Notification of Compliance 
report into the title V permit, and comments on the types of changes 
that should trigger review actions under title V.

VIII. 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 Act. 
Persons wishing to make oral presentation on the proposed standards for 
PAI production should contact 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-
20.
    A verbatim transcript of the hearing and written statements will be 
available for public inspection and copying during normal working hours 
at 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 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 51735 (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 this 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 
this Executive Order.
    Pursuant to the terms of Executive Order 12866, the OMB has 
notified the EPA that it considers this a ``significant regulatory 
action'' under criterion four of the Executive Order. The EPA has 
submitted this action for OMB review. Changes made in response to 
suggestions or recommendations from the OMB will be documented and 
included in the public record.

D. Enhancing the Intergovernmental Partnership Under Executive Order 
12875

    In compliance with Executive Order 12875, EPA has involved State 
governments in the development of this rule. These governments will 
implement the rule and collect permit fees to offset the resource 
burden of implementing the rule. Representatives of four State 
governments are members of the MACT partnership group. This partnership 
group was consulted throughout the development of this proposed 
regulation. Comments from the partnership members were carefully 
considered. 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 OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1807.01), and a copy may be obtained 
from Sandy Farmer, OPPE Regulatory Information Division (2137); U. S. 
Environmental Protection Agency; 401 M Street SW; Washington, DC 20460, 
or by calling (202) 260-2740. The public reporting burden for this 
collection of information is estimated to average 1,360 hours per 
respondent for the first year and 990 hours for each of the second and 
third years, including time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing 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 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 through 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., SW., Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th Street, NW., 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 November 10, 1997, a comment to OMB is 
best assured of having its full effect if OMB receives it by December 
10, 1997. The final rule will respond to any OMB or public comments on 
the information collection requirements contained in this proposal.

F. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 governmental 
jurisdictions. This proposed rule will not have a significant economic 
impact on a substantial number of small entities. In a screening of 
potential impacts on small entities, the EPA found that there are three 
small companies operating in the PAI production industry. The majority 
of facilities are owned by large chemical manufacturers having greater 
than 500 employees. In all instances, the average total annual cost for 
affected firms is

[[Page 60579]]

less than 1 percent of company-wide revenues. The screening analysis 
for this rule is detailed in the Economic Impact Analysis (see Docket 
No. A-95-20). Therefore, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

G. Unfunded Mandates

    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, 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 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 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 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 the proposed standards do not include a 
Federal mandate that may result in estimated costs of, in the 
aggregate, $100 million or more to either State, local or Tribal 
governments, or to the private sector, nor do the standards 
significantly or uniquely impact small governments, because they 
contain no requirements that apply to such governments or impose 
obligations upon them. Therefore, the requirements of the UMRA do not 
apply to this proposed rule.

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 the proposed 
regulation, including health, economic and technical issues, and on the 
proposed requirements for testing.
    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: October 27, 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--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR 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 MMM to 
read as follows:
Subpart MMM--National Emission Standards for Hazardous Air Pollutants 
From Pesticide Active Ingredient Production
Sec.
63.1360  Applicability.
63.1361  Definitions.
63.1362  Standards.
63.1363  Compliance dates.
63.1364  Test methods and compliance procedures.
63.1365  Monitoring and inspection requirements.
63.1366  Recordkeeping requirements.
63.1367  Reporting requirements.
63.1368  Delegation of authority.
Table 1 to Subpart MMM--General Provisions Applicability to Subpart 
MMM
Table 2 to Subpart MMM--Proposed Standards for PAI Production

Subpart MMM--National Emission Standards for Hazardous Air 
Pollutants From Pesticide Active Ingredient Production


Sec. 63.1360  Applicability.

    (a) The provisions of this subpart apply to each affected source. 
Except as specified in paragraph (d) of this section, the affected 
source subject to this subpart is the facility-wide collection of 
process vents, storage tanks, waste management units, heat exchange 
systems, cooling towers, equipment identified in Sec. 63.149, and 
equipment components (pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems) in pesticide active 
ingredient (PAI) manufacturing operations at a major source of 
hazardous air pollutant (HAP) emissions. Pesticide active ingredient 
manufacturing operations also include the manufacturing of each 
intermediate:
    (1) That is integral to a PAI production process; and
    (2) For which 50 percent or more of the annual production of the 
intermediate is used in any onsite PAI processes.
    (b) Except as specified in paragraph (d) of this section, a new 
source is defined as a source meeting the criteria of paragraph (b) 
(1), (2), or (3) of this section.
    (1) A plant site previously without HAP emissions points that is 
part of a major source on which construction of PAI manufacturing 
operations commenced after November 10, 1997;
    (2) Additions to an existing plant meeting the criteria in 
paragraph (g) of this section; or
    (3) A reconstructed source that meets the definition of 
reconstruction in Sec. 63.2 and for which reconstruction commenced 
after November 10, 1997.
    (c) Table 1 of this subpart specifies the provisions of subpart A 
of this part that apply to an owner or operator of an affected source 
subject to this subpart, and clarifies specific provisions in subpart A 
of this part as necessary for this subpart.
    (d) The provisions of this subpart do not apply to:
    (1) Research and development facilities;
    (2) Emission points in pesticide active ingredient manufacturing 
operations that meet the applicability requirements

[[Page 60580]]

under subparts F, G, H, and I of this part;
    (3) Emission points in pesticide active ingredient manufacturing 
operations that meet the applicability criteria under any other 
existing MACT standard; and
    (4) The following emission points listed:
    (i) Stormwater from segregated sewers;
    (ii) Water from fire-fighting and deluge systems, including testing 
of such systems;
    (iii) Spills;
    (iv) Water from safety showers;
    (v) Noncontact steam boiler blowdown and condensate;
    (vi) Laundry water;
    (vii) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only; and
    (viii) Equipment that is intended to operate in organic HAP service 
for less than 300 hours during the calendar year.
    (e) An owner or operator shall follow the startup, shutdown, and 
malfunction provisions specified in paragraphs (e)(1) and (2) of this 
section.
    (1) For batch processes, the provisions of this subpart shall apply 
during startup and shutdown, and periods of malfunction shall be 
regulated according to Sec. 63.6 of subpart A of this part.
    (2) For continuous processes, startup, shutdown, and malfunction 
shall be regulated according to Sec. 63.6 of subpart A of this part.
    (f) An owner or operator shall follow the procedures specified in 
paragraphs (f)(1) through (3) of this section to determine whether a 
storage tank is part of the PAI manufacturing operations. If the 
storage tank is determined to be part of the PAI manufacturing 
operations, and the PAI manufacturing operations are located at a major 
source of HAP emissions, then the storage tank is part of the affected 
source to which this subpart applies.
    (1) If a storage tank is already subject to another subpart of 40 
CFR part 63 on November 10, 1997, said storage tank shall belong to the 
process unit or manufacturing process subject to the other standard.
    (2) The storage tank is part of the PAI manufacturing operations if 
either the input to the tank from PAI manufacturing processes, 
collectively, is greater than or equal to the input from all other 
sources or the output from the tank to PAI manufacturing processes, 
collectively, is greater than or equal to the output to all other 
sources. If the use varies from year to year, then the use for purposes 
of this subpart shall be based on the utilization that occurred during 
the year preceding November 10, 1997. This determination shall be 
reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (3) Where a storage tank is located in a tank farm (including a 
marine tank farm), the provisions in paragraphs (f)(3)(i) and (ii) of 
this section shall be used to determine if the storage tank is 
considered part of the PAI manufacturing operations.
    (i) The storage tank is not part of the PAI manufacturing 
operations if all of the PAI manufacturing processes that utilize the 
tank have an intervening storage tank. With respect to a PAI 
manufacturing process, an intervening storage tank means a storage tank 
connected by hard-piping to the PAI manufacturing process and to the 
storage tank in the tank farm so that product or raw material entering 
or leaving the PAI manufacturing process flows into (or from) the 
intervening storage tank and does not flow directly into (or from) the 
storage tank in the tank farm.
    (ii) For storage tanks that do not meet the provisions of paragraph 
(f)(3)(i) of this section, the provisions in paragraph (f)(2) of this 
section shall be used to determine if the storage tank is part of the 
PAI manufacturing operations.
    (5) If the storage tank begins receiving material from (or sending 
material to) other manufacturing operations, or ceasing to receive 
material from (or send material to) PAI manufacturing operations, or if 
the applicability of this subpart has been determined according to the 
provisions of paragraph (f)(2) of this section and there is a 
significant change in the use of the storage tank, the owner or 
operator shall reevaluate the applicability of this subpart to the 
storage tank.
    (g) If a facility adds PAI manufacturing operations at a plant 
site, the addition shall be subject to the requirements for a new 
source in this subpart if the addition meets the criteria in paragraph 
(g)(1) and either (g)(2) or (3) of this section.
    (1) The addition meets the definition of construction in Sec. 63.2 
of subpart A of this part and construction commenced after November 10, 
1997; and
    (2) The addition has the potential to emit 10 tons/yr or more of 
any HAP or 25 tons/yr or more of any combination of HAP, unless the 
Administrator establishes a lesser quantity at a plant that currently 
is an affected source; or
    (3) The addition is at a plant site that does not currently produce 
PAI's and the plant site meets, or after the addition is constructed 
will meet, the definition of a major source in Sec. 63.2 of subpart A 
of this part.
    (h) An owner or operator may elect to include any of the 
intermediates manufacturing operations that are identified in 
paragraphs (h)(1) and (2) of this section in the PAI manufacturing 
operations subject to this subpart:
    (1) The manufacturing of integral intermediates for which less than 
50 percent of the intermediate is used in onsite manufacturing of 
PAI's.
    (2) The manufacturing of isolated intermediates.


Sec. 63.1361  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section. If the same term is defined in subpart A 
of this part and in this section, it shall have the meaning given in 
this section for the purposes of this subpart MMM.
    Air pollution control device means equipment installed on a process 
vent or storage tank or wastewater treatment exhaust stack or stacks 
that reduces the mass of HAP emitted to the air. Examples include 
incinerators, carbon adsorption units, condensers, and gas absorbers. 
Process condensers are not considered air pollution control devices.
    Batch cycle refers to manufacturing a PAI or integral intermediate 
from start to finish in a batch unit operation.
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. A unit operation may have more 
than one batch emission episode. For example, a displacement of vapor 
resulting from the charging of a vessel with HAP will result in a 
discrete emission episode that will last through the duration of the 
charge and will have an average flowrate equal to the rate of the 
charge. If the vessel is then heated, there will also be another 
discrete emission episode resulting from the expulsion of expanded 
vessel vapor space. Both emission episodes may occur in the same vessel 
or unit operation. There are possibly other emission episodes that may 
occur from the vessel or other process equipment, depending on process 
operations.
    Batch operation or Batch process means a noncontinuous operation 
involving intermittent or discontinuous feed into PAI or integral 
intermediate manufacturing equipment, and, in general, involves the 
emptying of the equipment after the batch operation ceases and prior to 
beginning a new operation. Addition of raw material and withdrawal of 
product do not occur simultaneously in a batch operation.
    Closed-vent system means a system that is not open to the 
atmosphere and

[[Page 60581]]

is composed of piping, ductwork, connections, and, if necessary, flow 
inducing devices that transport gas or vapor from an emission point to 
a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic HAP vapors.
    Consumption means the makeup quantity of HAP materials entering a 
process that are not used as reactant. The quantity of material used as 
reactant is the theoretical amount needed assuming a 100 percent 
stoichiometric conversion. Makeup is the net amount of material that 
must be added to the process to replenish losses.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 
m3 (3.5 ft3) in which a material is stored, 
transported, treated, or otherwise handled. Examples of containers are 
drums, hoses, barrels, tank trucks, barges, dumpsters, tank cars, dump 
trucks, and ships.
    Continuous process means a process where the inputs and outputs 
flow continuously throughout the duration of the process. Continuous 
processes are typically steady state.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage tank and 
the edge of the floating roof. A continuous seal may be a vapor-
mounted, liquid-mounted, or metallic shoe seal.
    Controlled emissions means the quantity of HAP components 
discharged to the atmosphere from the air pollution control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed and 
sealed to minimize air emissions. A cover may have openings necessary 
for operation, inspection, and maintenance of the waste management unit 
such as access hatches, sampling ports, and gauge wells provided that 
each opening is closed and sealed when not in use. Examples of covers 
include a fixed roof installed on a wastewater tank, a lid installed on 
a container, and an air-supported enclosure installed over a waste 
management unit.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a storage tank or waste 
management unit with no fixed roof.
    FIFRA means the Federal Insecticide, Fungicide, and Rodenticide 
Act.
    Fill or filling means the introduction of organic HAP into a 
storage tank or the introduction of a wastewater stream or residual 
into a waste management unit, but not necessarily to complete capacity.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage tank in a stationary manner and that does not move with 
fluctuations in liquid level.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a closure seal or seals to close the space between the 
roof edge and waste management unit or storage tank wall.
    Group 1 process vent means any process vent from a process at an 
existing or new affected source for which the uncontrolled emissions 
from the sum of all process vents are greater than or equal to 150 kg/
yr (330 lb/yr).
    Group 2 process vent means any process vent that does not meet the 
definition of a Group 1 process vent.
    Group 1 storage tank means a storage tank at an existing affected 
source that has uncontrolled emissions greater than or equal to 110 kg/
yr (240 lb/yr) and capacity equal to or greater than 37 m3 
(10,000 gal), or a storage tank at a new affected source that has 
uncontrolled emissions greater than or equal to 0.45 kg/yr (1 lb/yr) 
and capacity equal to or greater than 26 m3 (7,000 gal).
    Group 2 storage tank means a storage tank that does not meet the 
definition of a Group 1 storage tank.
    Group 1 wastewater stream means wastewater at an existing or new 
source that meets the criteria for Group 1 status in Sec. 63.132(c) of 
subpart G of this part for Table 9 compounds in Table 9 of subpart G of 
this part (as defined in Sec. 63.111 of subpart G of this part).
    Group 2 wastewater stream means any wastewater stream that does not 
meet the definition of a Group 1 wastewater stream.
    Hard-piping means tubing that is manufactured and properly 
installed using good engineering judgment and standards, such as ANSI 
B31-3.
    Individual drain system means the stationary system used to convey 
wastewater streams or residuals to a waste management unit. The term 
includes hard piping, all process drains and junction boxes, together 
with their associated sewer lines and other junction boxes, manholes, 
sumps, and lift stations, conveying wastewater streams or residuals. A 
segregated stormwater sewer system, which is a drain and collection 
system designed and operated for the sole purpose of collecting 
rainfall-runoff at a facility, and which is segregated from all other 
individual drain systems, is excluded from this definition.
    Integral intermediate process means a process manufacturing an 
intermediate that is used in on-site production of any PAI's and is not 
removed to storage before used to produce the PAI(s).
    Intermediate means a compound produced in a chemical reaction that 
is further processed or modified in one or more additional chemical 
reactions to produce a PAI.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage tank or waste management unit that has a permanently affixed 
roof.
    Isolated Intermediate means any intermediate that is removed from 
the manufacturing process for temporary or permanent storage or 
transferred to shipping containers.
    Junction box means a manhole or access point to a wastewater sewer 
line or a lift station.
    Liquid-mounted seal means a foam liquid-filled seal mounted in 
contact with the liquid between the wall of the storage tank or waste 
management unit and the floating roof. The seal is mounted continuously 
around the tank or unit.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage tank by springs, 
weighted levers, or other mechanisms and is connected to the floating 
roof by braces or other means. A flexible coated fabric (envelope) 
spans the annular space between the metal sheet and the floating roof.
    Pesticide active ingredient manufacturing operations means all of 
the processing equipment; storage tanks; waste management units; 
components such as pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems; and associated 
equipment such as heat exchange systems that are located at a facility 
for the purpose of manufacturing PAI's.
    Pesticide active ingredient or PAI means any material that is an 
active ingredient within the meaning of FIFRA section 2(a); that is 
used to produce an insecticide, herbicide, or fungicide end use 
pesticide product; and that must be labeled in accordance with 40 CFR 
part 156 for transfer, sale, or distribution. These materials are 
typically described

[[Page 60582]]

by North American Industrial Classification System (NAICS) Codes 325199 
and 32532 (i.e., previously known as Standard Industrial Classification 
System Codes 2869 and 2879). These materials are identified by product 
classification codes 01, 21, 02, 04, 44, 07, 08, and 16 in block 19 on 
EPA form 3540-16, the Pesticides Report for Pesticide-Producing 
Establishments.
    Point of determination (POD) means the point where a wastewater 
stream exits the process, storage tank, or equipment components. The 
POD may be at the equipment or following the last recovery device.

    Note: The regulation in this subpart allows determination of the 
characteristics of a wastewater stream (1) at the point of 
determination or (2) downstream of the point of determination if 
corrections are made for changes in flow rate and annual average 
concentration of Table 8 or Table 9 compounds as determined in 
Sec. 63.144 of subpart G of this part. Such changes include losses 
by air emissions; reduction of annual average concentration or 
changes in flow rate by mixing with other water or wastewater 
streams; and reduction in flow rate or annual average concentration 
by treating or otherwise handling the wastewater stream to remove or 
destroy HAP.

    Process means a logical grouping of processing equipment which 
collectively function to produce a PAI. For the purpose of this 
subpart, process includes all or a combination of reaction, recovery, 
separation, purification, or other activity, operation, or manufacture 
which are used to produce a PAI, including each integral intermediate. 
The physical boundaries of a process are flexible, providing a process 
ends with an active ingredient. Solvent recovery operations are 
considered part of a process; formulation of pesticide products is not 
considered part of the process.
    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a unit operation. The condenser 
must support a vapor-to-liquid phase change for periods of source 
equipment operation that are above the boiling or bubble point of 
substance(s). Examples of process condensers include distillation 
condensers, reflux condensers, process condensers in line prior to the 
vacuum source, and process condensers used in stripping or flashing 
operations.
    Process tank means a tank that is physically located within the 
bounds of a process that is used to collect material discharged from a 
feedstock storage tank or unit operation within the process and 
transfer this material to another unit operation within the process or 
a product storage tank. Surge control vessels and bottoms receivers 
that fit these conditions are considered process tanks.
    Process vent means a vent from a unit operation through which a 
HAP-containing gas stream is, or has the potential to be, released to 
the atmosphere. Examples of process vents include, but are not limited 
to, vents on condensers used for product recovery, bottom receivers, 
surge control vessels, reactors, filters, centrifuges, process tanks, 
and product dryers. Process vents do not include vents on storage tanks 
regulated under Sec. 63.1362(c), vents on wastewater emission sources 
regulated under Sec. 63.1362(d), pieces of equipment regulated under 
Sec. 63.1362(e), or bag dumps.
    Product dryer vent means a vent from an atmospheric dryer through 
which a gas stream containing gaseous organic HAP, particulate matter 
HAP, or both is, or has the potential to be, released to the 
atmosphere. Gaseous organic HAP emissions are considered to be process 
vent emissions.
    Production-indexed HAP consumption factor (HAP factor) is the 
result of dividing the annual consumption of total HAP by the annual 
production rate, per process.
    Production-indexed VOC consumption factor (VOC factor) is the 
result of dividing the annual consumption of total VOC by the annual 
production rate, per process.
    Publicly owned treatment works (POTW) means any devices and systems 
used in the storage, treatment, recycling, and reclamation of municipal 
sewage or industrial wastes of a liquid nature as defined in section 
212(2)(A) of the Clean Water Act, as amended (33 U.S.C. 1292(2)(A)). A 
POTW includes the treatment works, intercepting sewers, outfall sewers, 
sewage collection systems, pumping, power, and other equipment. The 
POTW is defined at 40 CFR 403.3(0).
    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way 
that their molecular structures are altered and one or more new organic 
compounds are formed.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are 
not limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., the recovered stream must have a net positive heating 
value), use, reuse, or for sale for fuel value, use, or reuse. Examples 
of equipment that may be recovery devices include absorbers, carbon 
adsorbers, condensers, oil-water separators, or organic-water 
separators or organic removal devices such as decanters, strippers, or 
thin-film evaporation units. For purposes of the monitoring, 
recordkeeping, and reporting requirements of this subpart, recapture 
devices are considered recovery devices.
    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and 
development, where the operations are under the close supervision of 
technically trained personnel, and is not engaged in the manufacture of 
products for commercial sale, except in a de minimis manner.
    Residual means any liquid or solid material containing Table 9 
compounds (as defined in Sec. 63.111 of subpart G of this part) that is 
removed from a wastewater stream by a waste management unit or 
treatment process that does not destroy organics (nondestructive unit). 
Examples of residuals from nondestructive wastewater management units 
are: the organic layer and bottom residue removed by a decanter or 
organic-water separator and the overheads from a steam stripper or air 
stripper. Examples of materials which are not residuals are: Silt; mud; 
leaves; bottoms from a steam stripper or air stripper; and sludges, 
ash, or other materials removed from wastewater being treated by 
destructive devices such as biological treatment units and 
incinerators.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Single-seal system means a floating roof having one continuous seal 
that completely covers the space between the wall of the storage tank 
and the edge of the floating roof. This seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Storage tank means a tank or other vessel that is used to store 
organic liquids that contain one or more HAP. The following are not 
considered storage tanks for the purposes of this subpart:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;

[[Page 60583]]

    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels storing and/or handling material that contains no 
organic HAP and/or organic HAP only as impurities;
    (4) Wastewater storage tanks; and
    (5) Process tanks.
    Surface impoundment means a waste management unit which is a 
natural topographic depression, manmade excavation, or diked area 
formed primarily of earthen materials (although it may be lined with 
manmade materials), which is designed to hold an accumulation of liquid 
wastes or waste containing free liquids. A surface impoundment is used 
for the purpose of treating, storing, or disposing of wastewater or 
residuals, and is not an injection well. Examples of surface 
impoundments are equalization, settling, and aeration pits, ponds, and 
lagoons.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a 
steam stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec. 63.138 of this subpart. Most 
treatment processes are conducted in tanks. Treatment processes are a 
subset of waste management units.
    Uncontrolled HAP emissions means a gas stream containing HAP which 
has exited the last recovery device, but which has not yet been 
introduced into an air pollution control device to reduce the mass of 
HAP in the stream. If the process vent is not routed to an air 
pollution control device, uncontrolled emissions are those HAP 
emissions released to the atmosphere.
    Unit operation means those processing steps that occur within 
distinct equipment that are used, among other things, to prepare 
reactants, facilitate reactions, separate and purify products, and 
recycle materials. Equipment used for these purposes includes but is 
not limited to reactors, distillation columns, extraction columns, 
absorbers, decanters, dryers, condensers, and filtration equipment.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall, the storage tank or waste 
management unit and the edge of the floating roof and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Volatile organic compounds are defined in 40 CFR 51.100.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of compounds in Table 9 of 
subpart G of this part (as defined in Sec. 63.111 of subpart G of this 
part) of at least 5 ppmw and has an average flow rate of 0.02 L/min or 
greater; or
    (ii) An annual average concentration of Table 9 compounds (as 
defined in Sec. 63.111 of subpart G of this part) of at least 10,000 
ppmw at any flow rate; and
    (2) Is discarded from PAI manufacturing operations at a major 
source.
    (3) Wastewater is process wastewater or maintenance wastewater.
    Waste management unit means the equipment, structures, and/or 
devices used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include wastewater 
tanks, surface impoundments, individual drain systems, and biological 
treatment units. Examples of equipment that may be waste management 
units include containers, air flotation units, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. If such equipment is used 
for recovery then it is part of a PAI process and is not a waste 
management unit.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of nonearthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g., flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.


Sec. 63.1362  Standards.

    (a) On and after the compliance dates specified in Sec. 63.1363 of 
this subpart, each owner or operator of an affected source subject to 
the provisions of this subpart shall control HAP emissions to the 
levels specified in Table 2 of this subpart and paragraphs (b) through 
(g) of this section.
    (b) Process vents. (1) The owner or operator of an existing source 
shall comply with the requirements of paragraphs (b)(2) and (3) of this 
section. The owner or operator of a new source shall comply with the 
requirements of paragraphs (b)(4) and (5) of this section. Compliance 
with this section shall be demonstrated through the applicable test 
methods and procedures in Sec. 63.1364(c).
    (2) For each process, the owner or operator of an existing source 
shall comply with the requirements of either paragraph (b)(2)(i) of 
this section or both paragraphs (b)(2)(ii) and (iii) of this section.
    (i) The uncontrolled organic HAP emission rate shall not exceed 
0.15 Mg/yr (330 lb/yr) from the sum of all process vents within a 
process.
    (ii) The owner or operator shall comply with the requirements 
specified in either paragraph (b)(2)(ii)(A) or (B) of this section.
    (A) The uncontrolled organic HAP emissions from the sum of all 
process vents within a process, excluding process vents that meet the 
criteria for 98 percent control in paragraph (b)(2)(iii)(A) of this 
section, shall be reduced by 90 weight percent or greater, or
    (B) The uncontrolled organic HAP emissions from one or more process 
vents within a process shall be controlled by combustion, recovery, or 
recapture devices meeting an outlet TOC concentration of 20 ppmv or 
less. Uncontrolled organic HAP emissions from the sum of all other 
process vents within the process shall be reduced by 90 weight percent 
or greater.
    (iii) Uncontrolled organic HAP emissions from each process vent 
meeting the requirements of paragraph (b)(2)(iii)(A) of this section 
shall be reduced by 98 weight percent or greater, or the emissions 
shall be controlled by combustion, recovery, or recapture devices 
meeting an outlet TOC concentration of 20 ppmv or less.
    (A) Process vents having a flowrate equal to or less than the 
flowrate calculated when multiplying the uncontrolled yearly HAP 
emissions, in lb/yr, by 0.02 and subtracting 1,000 according to the 
following equation:

FR = 0.02*(HL)-1,000
where:

FR = flowrate, scfm.
HL = yearly uncontrolled HAP emissions, lb/yr.

    (B) If the owner or operator can demonstrate that a control device 
installed on a process vent subject to the requirements of paragraph 
(b)(2)(iii)(A) of this section on or before November 10, 1997 was 
designed to reduce inlet emissions of total organic HAP by greater than 
or equal to 90 percent but less than 98 percent, then the control 
device is required to be operated to

[[Page 60584]]

reduce inlet emissions of total organic HAP by 90 percent or greater.
    (3) For each process, the owner or operator of an existing source 
shall comply with the requirements of either paragraph (b)(3) (i) or 
(ii) of this section.
    (i) The uncontrolled HCl and Cl2 emissions, including 
HCl generated from the combustion of halogenated process vent 
emissions, from the sum of all process vents within a process shall not 
exceed 6.8 Mg/yr (7.5 tons/yr).
    (ii) HCl and Cl2 emissions, including HCl generated from 
combustion of halogenated process vent emissions, from the sum of all 
process vents within a process shall be reduced by 94 percent or 
greater.
    (4) For each process, the owner or operator of a new source shall 
comply with the requirements of either paragraph (b)(4)(i), (ii), or 
(iii) of this section.
    (i) The uncontrolled organic HAP emissions shall not exceed 0.15 
Mg/yr (330 lb/yr) from the sum of all process vents within a process.
    (ii) The uncontrolled organic HAP emissions from the sum of all 
process vents within a process shall be reduced by 98 weight percent or 
greater; or
    (iii) The uncontrolled organic HAP emissions from one or more 
process vents within a process shall be controlled by combustion, 
recovery, or recapture devices meeting an outlet TOC concentration of 
20 ppmv or less. The uncontrolled emissions from the sum of all other 
process vents within the process shall be reduced by 98 weight percent 
or greater.
    (5) For each process, the owner or operator of a new source shall 
comply with the requirements of either paragraph (b)(5)(i), (ii), or 
(iii) of this section.
    (i) The uncontrolled HCl and Cl2 emissions, including 
HCl generated from combustion of halogenated process vent emissions, 
from the sum of all process vents within a process shall not exceed 6.8 
Mg/yr (7.5 tons/yr).
    (ii) If HCl and Cl2 emissions, including HCl generated 
from combustion of halogenated process vent emissions, from the sum of 
all process vents within a process are greater than or equal to 6.8 Mg/
yr (7.5 tons/yr) and less than 191 Mg/yr (211 tons/yr), these HCl and 
Cl2 emissions shall be reduced by 94 percent.
    (iii) If HCl and Cl2 emissions, including HCl generated 
from combustion of halogenated process vent emissions, from the sum of 
all process vents within a process are greater than 191 Mg/yr (211 
tons/yr), these HCl and Cl2 emissions shall be reduced by 
99.9 percent or greater.
    (c) Storage tanks. (1) The owner or operator of a Group 1 storage 
tank with a design capacity greater than or equal to 75 m\3\ (20,000 
gal) at an existing affected source shall equip the affected storage 
tank with a fixed roof and internal floating roof, an external floating 
roof, an external floating roof converted to an internal floating roof, 
or a closed vent system and control device that meets the requirements 
of paragraphs (c)(1)(i) and (ii) of this section.
    (i) Except as provided in paragraph (c)(1)(ii) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of organic HAP by 95 percent or greater, as demonstrated through the 
test methods and procedures in Sec. 63.1364(d).
    (ii) If the owner or operator can demonstrate that a control device 
installed on a storage tank on or before November 10, 1997 is designed 
to reduce inlet emissions of organic HAP by greater than 41 percent but 
less than 95 percent, then the control device is required to be 
operated to reduce inlet emissions of organic HAP by 41 percent or 
greater, as demonstrated through the test methods and procedures in 
Sec. 63.1364(d).
    (2) The owner or operator of a Group 1 storage tank with a design 
capacity less than 75 m\3\ (20,000 gal) at an existing affected source 
shall equip the affected storage tank with a fixed roof and internal 
floating roof, an external floating roof, an external floating roof 
converted to an internal floating roof, or a closed vent system and 
control device that is designed and operated to reduce emissions of 
total organic HAP by 41 percent or greater, as demonstrated through the 
test methods and procedures in Sec. 63.1364(d).
    (3) The owner or operator of a Group 1 storage tank at a new 
affected source shall equip the affected storage tank with a closed 
vent system and control device that is designed and operated to reduce 
emissions by 98 weight percent or to an outlet TOC concentration of 20 
ppmv or less, and compliance shall be demonstrated through the test 
methods in Sec. 63.1364(b) and the procedures in Sec. 63.1364(d).
    (d) Wastewater. The owner or operator of each affected source shall 
comply with the requirements of Secs. 63.131 through 63.149 of subpart 
G of this part, with the differences noted in paragraphs (d)(1) through 
(10) of this section for the purposes of this subpart.
    (1) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
provisions in Sec. 63.6(g) shall apply.
    (2) When the storage tank requirements contained in Secs. 63.119 
through 63.123 are referred to in Secs. 63.132 through 63.148, 
Secs. 63.119 through 63.123 are applicable, with the exception of the 
differences noted in paragraphs (d)(2) (i) through (iv) of this 
section.
    (i) When the term ``storage vessel'' is used in Secs. 63.119 
through 63.123, the definition of the term ``storage tank'' in 
Sec. 63.1361 shall apply for the purposes of this subpart.
    (ii) When December 31, 1992, is referred to in Sec. 63.119, 
November 10, 1997, shall apply for the purposes of this subpart.
    (iii) When April 22, 1994 is referred to in Sec. 63.119, [date of 
publication of the final rule] shall apply for the purposes of this 
subpart.
    (iv) The compliance date for storage tanks at affected sources 
subject to the provisions of this section is specified in Sec. 63.1363.
    (3) To request approval to monitor alternative parameters, as 
referred to in Sec. 63.146(a), the owner or operator shall comply with 
the procedures in Sec. 63.8(h), as referred to in 
Sec. 63.1367(a)(2)(i), instead of the procedures in Sec. 63.151 (f) or 
(g).
    (4) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.146, the 
Notification of Compliance Status requirements in Sec. 63.1367(a)(1)(d) 
shall apply for the purposes of this subpart.
    (5) When the recordkeeping requirements contained in Sec. 63.152(f) 
are referred to in Sec. 63.147(d), the recordkeeping requirements in 
Sec. 63.1366(a) shall apply for the purposes of this subpart.
    (6) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.146 and 63.147, the Periodic 
Report requirements contained in Sec. 63.1367(b) shall apply for the 
purposes of this subpart.
    (7) The term ``process wastewater'' in Secs. 63.132 through 63.149 
shall mean ``wastewater'' as defined in Sec. 63.1361 for the purposes 
of this subpart.
    (8) The term ``Group 1'' in Secs. 63.132 through 63.149 shall have 
the meaning as defined in Sec. 63.1361 for both new sources and 
existing sources for the purposes of this subpart.
    (9) When the total load of Table 9 compounds in the sum of all 
process wastewater from PAI manufacturing operations at a new affected 
source is 2,100 Mg/yr (2,300 tons/yr) or more, the owner or operator 
shall reduce, by removal or destruction, the mass flow rate of all 
compounds in Table 9 of subpart G of this part in all wastewater

[[Page 60585]]

(process and maintenance wastewater) by 99 percent or more. 
Alternatively, the owner or operator may treat the wastewater in a unit 
identified in and complying with Sec. 63.138(h) of subpart G of this 
part. The removal/destruction efficiency shall be determined by the 
procedures specified in Sec. 63.145(c) of subpart G of this part, for 
noncombustion processes, or Sec. 63.145(d) of subpart G of this part, 
for combustion processes.
    (10) The compliance date for the affected source subject to the 
provisions of this section is specified in Sec. 63.1363.
    (e) Equipment leaks. (1) Except as provided in paragraph (e)(2) of 
this section, the owner or operator of an affected source shall comply 
with the requirements of subpart H of this part to control emissions 
from equipment leaks. Compliance shall be demonstrated through the test 
methods and procedures in Sec. 63.180 of subpart H of this part.
    (2) Standards for surge control vessels and bottom receivers as 
described in Sec. 63.170 of this part do not apply. Surge control 
vessels and bottoms receivers shall be considered to be process 
equipment with process vents. Emissions from these process vents shall 
be controlled according to the provisions of paragraph (c) of this 
section.
    (f) Bag dumps and product dryers. The owner or operator shall 
reduce particulate HAP emissions from bag dumps and product dryers to a 
concentration not to exceed 0.01 gr/dscf. Gaseous organic HAP emissions 
from product dryers shall be controlled in accordance with the 
provisions for process vent emissions in paragraph (b) of this section.
    (g) Heat exchange system requirements. (1) Unless one or more of 
the conditions specified in Sec. 63.104(a) (1) through (6) of subpart F 
of this part are met, an owner or operator of an affected source 
subject to this subpart shall monitor each heat exchange system that is 
used to cool process equipment in PAI manufacturing operations meeting 
the conditions of Sec. 63.1360(a) according to the provisions in either 
paragraph (g) (2) or (3) of this section. Whenever a leak is detected, 
the owner or operator shall comply with the requirements in paragraph 
(g)(4) of this section.
    (2) An owner or operator who elects to comply with the requirements 
of paragraph (g)(1) of this section by monitoring the cooling water for 
the presence of one or more organic HAP or other representative 
substances whose presence in cooling water indicates a leak shall 
comply with the requirements specified in Sec. 63.104(b) (1) through 
(6) of subpart F of this part. The cooling water shall be monitored for 
total HAP, total VOC, total organic carbon, one or more speciated HAP 
compounds, or other representative substances that would indicate the 
presence of a leak in the heat exchange system.
    (3) An owner or operator who elects to comply with the requirement 
of paragraph (g)(1) of this section by monitoring using a surrogate 
indicator of heat exchange system leaks shall comply with the 
requirements specified in paragraphs (g)(3) (i) through (iii) of this 
section. Surrogate indicators that could be used to develop an 
acceptable monitoring program are ion specific electrode monitoring, 
pH, and conductivity or other representative indicators.
    (i) The owner or operator shall prepare and implement a monitoring 
plan that documents the procedures that will be used to detect leaks of 
process fluids into cooling water. The plan shall include the 
information specified in Sec. 63.1365(f)(2).
    (ii) If a substantial leak is identified by methods other than 
those described in the monitoring plan and the method(s) specified in 
the plan could not detect the leak, the owner or operator shall revise 
the plan and document the basis for the changes. The owner or operator 
shall complete the revisions to the plan no later than 180 days after 
discovery of the leak.
    (iii) The owner or operator shall maintain, at all times, the 
monitoring plan that is currently in use. The current plan shall be 
maintained onsite, or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. A superseded plan shall be retained onsite (or shall be 
accessible from a central location by computer or other means that 
provides access within 2 hours after a request) for at least 6 months 
after it is superseded.
    (4) If a leak is detected according to the criteria of paragraphs 
(g) (2) or (3) of this section, the owner or operator shall comply with 
the requirements in paragraphs (g)(4) (i) and (ii) of this section, 
except as provided in paragraph (g)(5) of this section.
    (i) The leak shall be repaired as soon as practical but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests indicating a leak. The leak shall be repaired unless 
the owner or operator demonstrates that the results are due to a 
condition other than a leak.
    (ii) Once the leak has been repaired, the owner or operator shall 
confirm that the heat exchange system has been repaired within 7 
calendar days of the repair or startup, whichever is later.
    (5) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed under the conditions specified in 
Sec. 63.104(e) of subpart F of this part. If an owner or operator 
elects to delay repair of heat exchange systems, the owner or operator 
shall also comply with the documentation requirements in 
Sec. 63.104(e).
    (6) The owner or operator shall retain the records specified in 
Sec. 63.1366(g) and include the information identified in 
Sec. 63.1367(e) in reports.
    (h) Planned routine maintenance. The specifications and 
requirements in paragraphs (b), (c), and (f) of this section for 
control devices do not apply during periods of planned routine 
maintenance. Maintenance wastewaters meeting the definition of a Group 
1 wastewater stream shall be treated in accordance with the 
requirements of paragraph (d) of this section.
    (i) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraphs (b), (c), and (f) of this section, as applicable, shall not 
exceed 240 hr/yr.
    (j) Pollution prevention. Except as provided in paragraph (j)(1) of 
this section, an owner or operator may choose to meet the pollution 
prevention alternative requirement specified in either paragraph (j) 
(2) or (3) of this section for any process, in lieu of the requirements 
specified in paragraphs (b), (c), (d), (e), and (f) of this section. 
Compliance with the requirements of paragraphs (j) (2) and (3) of this 
section shall be demonstrated through the procedures in 
Sec. 63.1364(g).
    (1) HAP that are generated in the process shall be controlled 
according to the requirements of paragraphs (b), (c), (d), (e), and (f) 
of this section.
    (2) The production-indexed HAP consumption factor (HAP factor) 
shall be reduced by 85 percent from an average baseline established no 
earlier than the 1987 calendar year, or the first year thereafter in 
which the process was operational and data are available. No increase 
in the production-indexed VOC consumption factor (VOC factor) for the 
applicable period of demonstration shall occur.
    (3) Both requirements specified in paragraph (j)(3) (i) and (ii) of 
this section are met.
    (i) The HAP factor shall be reduced by 50 percent from an average 
baseline established no earlier than the 1987 calendar year, or the 
first year thereafter in which the process was operational

[[Page 60586]]

and data are available. No increase in the VOC factor for the 
applicable period of demonstration shall occur.
    (ii) The total process HAP emissions shall be reduced from an 
uncontrolled baseline by an amount, in kg/yr, that, when divided by the 
annual production rate, in kg, will yield a value of at least 35 
percent of the average baseline HAP factor established in paragraph 
(j)(3)(i) of this section. The annual reduction in HAP air emissions 
must be due to the use of the following control devices:
    (A) Combustion control devices such as incinerators, flares, or 
process heaters.
    (B) Recovery control devices such as condensers and carbon 
adsorbers whose recovered product is destroyed or shipped offsite for 
destruction.
    (C) Any control device that does not ultimately allow for recycling 
of material back to the process.
    (D) Any control device for which the owner or operator can 
demonstrate that the use of the device in controlling HAP emissions 
will have no effect on the HAP factor for the process.
    (k) Emissions averaging provisions. Except as provided in 
paragraphs (k) (1) through (6) of this section, the owner or operator 
of an existing affected facility may choose to comply with the emission 
standards in paragraphs (b), (c), and (d) of this section by using 
emissions averaging procedures specified in Sec. 63.1364(i) for organic 
HAP emissions from any storage tank, process, or waste management unit 
that is part of an affected source subject to this subpart.
    (1) A State may restrict the owner or operator of an existing 
source to use only the procedures in paragraphs (b), (c), and (d) of 
this section to comply with the emission standards where State 
Authorities prohibit averaging of HAP emissions.
    (2) Group 1 emission points that are controlled as specified in 
paragraphs (k)(2) (i) through (iii) of this section may not be used to 
calculate emissions averaging credits, unless the control technology 
has been approved for use in a different manner, and a higher nominal 
efficiency has been assigned according to the procedures in 
Sec. 63.150(i) of subpart G of this part.
    (i) Storage tanks with capacity equal to or greater than 76 m\3\ 
(20,000 gal) controlled with an internal floating roof meeting the 
specifications of Sec. 63.119(b) of subpart G of this part, and 
external floating roof meeting the specifications of Sec. 63.119(c) of 
subpart G of this part, an external floating roof converted to an 
internal floating meeting the specifications of Sec. 63.119(d) of 
subpart G of this part, or a closed-vent system to a control device 
achieving 95 percent reduction in organic HAP emissions.
    (ii) Process vents controlled with a combustion, recovery, or 
recapture device used to reduce organic HAP emissions by 98 weight 
percent or to an outlet TOC concentration of 20 ppmv.
    (iii) Wastewater controlled as specified in paragraphs (k)(2)(iii) 
(A) through (C) of this section.
    (A) With controls specified in Sec. 63.133 through Sec. 63.137 of 
subpart G of this part;
    (B) With a steam stripper meeting the specifications of 
Sec. 63.138(d) of subpart G of this part, or any of the other 
alternative control measures specified in Sec. 63.138 (b), (c), (e), 
(f), (g), or (h) of subpart G of this part; and
    (C) With a control device to reduce by 95 percent (or to an outlet 
concentration of 20 ppmv for combustion devices or for noncombustion 
devices controlling air emissions from waste management units other 
than surface impoundments or containers) the organic HAP emissions in 
the vapor streams vented from wastewater tanks, oil-water tanks, oil-
water separators, containers, surface impoundments, individual drain 
systems, and treatment processes (including the steam stripper 
specified in paragraph (k)(2)(iii)(B) of this section) managing 
wastewater.
    (3) Maintenance wastewater streams and wastewater streams treated 
in biological treatment units may not be included in any averaging 
group.
    (4) Processes which have been permanently shut down, and storage 
tanks permanently taken out of HAP service may not be included in any 
averaging group.
    (5) Processes, storage tanks, and wastewater streams already 
controlled on or before November 15, 1990 may not be used to generate 
emissions averaging credits, unless the level of control is increased 
after November 15, 1990. In these cases, credit will be allowed only 
for the increase in control after November 15, 1990.
    (6) Emission points controlled to comply with a State or Federal 
rule other than this subpart may not be included in an emissions 
averaging group, unless the level of control has been increased after 
November 15, 1990, above what is required by the other State or Federal 
rule. Only the control above what is required by the other State or 
Federal rule will be credited. However, if an emission point has been 
used to generate emissions averaging credit in an approved emissions 
average, and the point is subsequently made subject to a State or 
Federal rule other than this subpart, the point can continue to 
generate emissions averaging credit for the purpose of complying with 
the previously approved average.


Sec. 63.1363  Compliance dates.

    (a) An owner or operator of an existing affected source shall 
comply with the provisions of this subpart no later than 3 years after 
the effective date of the standard.
    (b) An owner or operator of a new or reconstructed affected source, 
for which construction or reconstruction commences after November 10, 
1997, shall comply with the provisions of this subpart immediately upon 
startup.


Sec. 63.1364  Test methods and compliance procedures.

    (a) Emissions testing or engineering evaluations, as specified in 
paragraphs (c), (d), (e), (f) and (g) of this section, are required to 
demonstrate initial compliance with Sec. 63.1362 (b), (c), (d), (f) and 
(j), respectively, of this subpart.
    (b) When testing is conducted to measure emissions from an affected 
source, the test methods specified in paragraphs (b)(1) through (b)(10) 
of this section shall be used. Compliance tests shall be performed 
under conditions specified in paragraph (b)(11) of this section.
    (1) EPA Method 1 or 1A of appendix A of 40 CFR part 60 shall be 
used for sample and velocity traverses.
    (2) EPA Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60 
shall be used for velocity and volumetric flow rates.
    (3) EPA Method 3 of appendix A of 40 CFR part 60 shall be used for 
gas analysis.
    (4) EPA Method 4 of appendix A of 40 CFR part 60 shall be used for 
stack gas moisture.
    (5) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (6) Method 25A and/or Methods 18 and 25A, as appropriate, of 
appendix A of 40 CFR part 60 shall be used to determine the organic HAP 
concentration of air exhaust streams.
    (7) The methods in either paragraph (b)(7) (i) or (ii) of this 
section shall be used to determine the concentration, in mg/dscm, of 
total hydrogen halides and halogens.
    (i) EPA Method 26 or 26A of 40 CFR part 60, appendix A.
    (ii) Any other method if the method or data has been validated 
according to the applicable procedures of Method 301 of appendix A of 
this part.
    (8) Method 5 shall be used to determine the concentration of 
particulate matter HAP in exhaust gas streams from bag dumps and 
product dryers.

[[Page 60587]]

    (9) Wastewater analysis shall be conducted in accordance with 
Sec. 63.144(b)(5)(i) through (iii) of subpart G of this part.
    (10) For emission streams controlled using condensers, a direct 
measurement of condenser outlet gas temperature to be used in 
predicting upper concentration limits at saturated conditions is 
allowed in lieu of concentration measurements described in paragraph 
(b)(6) of this section.
    (11) Test conditions and durations shall be as specified in 
paragraphs (b)(11)(i) through (v) of this section, as appropriate.
    (i) Testing of process vents on equipment operating as part of a 
continuous process shall consist of three 1-hour runs. Gas stream 
volumetric flow rates shall be measured every 15 minutes during each 1-
hour run. Organic HAP concentration shall be determined from samples 
collected in an integrated sample over the duration of each 1-hour test 
run, or from grab samples collected simultaneously with the flow rate 
measurements (every 15 minutes). If an integrated sample is collected 
for laboratory analysis, the sampling rate shall be adjusted 
proportionally to reflect variations in flow rate. For continuous gas 
streams, the emission rate used to determine compliance shall be the 
average emission rate of the three test runs.
    (ii) Testing of process vents on equipment where the flow of 
gaseous emissions is intermittent (batch operations) shall include 
testing for the largest (or peak) HAP emission episode or aggregated 
episodes in the batch cycle or cycles (in the event that equipment may 
be manifolded and vented through a common stack). Testing shall be 
conducted at absolute peak-case conditions, representative peak-case 
conditions, or hypothetical peak-case conditions as required by 
paragraph (c)(3)(iii) of this section. Gas stream volumetric flow rates 
shall be measured at 15-minute intervals. Organic HAP or TOC 
concentration shall be determined from samples collected in an 
integrated sample over the duration of the peak case episode(s), or 
from grab samples collected simultaneously with the flow rate 
measurements (every 15 minutes). If an integrated sample is collected 
for laboratory analysis, the sampling rate shall be adjusted 
proportionally to reflect variations in flow rate. The absolute peak-
case, representative peak-case, or hypothetical peak-case conditions 
shall be characterized by the criteria presented in paragraphs 
(b)(11)(ii)(A), (B), and (C) of this section. In all cases, a site-
specific plan shall be submitted to the Administrator for approval 
prior to testing in accordance with Sec. 63.7(c) of subpart A of this 
part. The test plan shall include the emissions profile described in 
paragraph (b)(11)(iii) of this section.
    (A) Absolute peak-case conditions are defined by any of the 
criteria presented in paragraphs (b)(11)(ii)(A)(1) through (3) of this 
section.
    (1) The period in which the inlet to the control device will 
contain at least 50 percent of the maximum HAP load (in kg) capable of 
being vented to the control device over any 8 hour period. An emission 
profile as described in paragraph (b)(11)(iii) of this section shall be 
used to identify the 8-hour period that includes the maximum projected 
HAP load.
    (2) A 1-hour period of time in which the inlet to the control 
device will contain the highest HAP mass loading rate, in kg/hr, 
capable of being vented to the control device. An emission profile as 
described in paragraph (b)(11)(iii) of this section shall be used to 
identify the 1-hour period of maximum HAP loading.
    (3) If a condenser is used as a control device, absolute peak-case 
conditions shall represent a 1-hour period of time in which the gas 
stream capable of being vented to the condenser will require the 
maximum heat removal capacity, in kW, to cool the stream to a 
temperature that, upon calculation of HAP concentration, will yield the 
required removal efficiency for the process. The calculation of maximum 
heat load shall be based on the emission profile described in paragraph 
(b)(11)(iii) of this section and a concentration profile that will 
allow calculation of sensible and latent heat loads.
    (B) Representative peak-case conditions are defined by any of the 
criteria presented in paragraphs (b)(11)(ii)(B)(1) and (2) of this 
section. Representative peak-case conditions shall include the worst-
case process as well as any other processes that are emitting to the 
control device during the test.
    (1) A 1-hour period of time that contains the highest HAP mass 
loading rate, in kg/hr, from a single process;
    (2) If a condenser is used as the control device, the 1-hour period 
of time in which the vent from a single process will require the 
maximum heat removal capacity, in kW, to cool the stream to a 
temperature that, upon calculation of HAP concentration, will yield the 
required removal efficiency for the process.
    (C) Hypothetical peak-case conditions are simulated test conditions 
that, at a minimum, contain the highest total average hourly HAP load 
of emissions that would be predicted to be vented to the control device 
from the emissions profile described in paragraph (b)(11)(iii) of this 
section.
    (iii) For batch operations, the owner or operator may choose to 
perform tests only during those periods of the peak-case episode(s) 
that the owner or operator selects to control as part of achieving the 
required emission reduction. The owner or operator shall develop an 
emission profile for the vent to the control device, based on either 
process knowledge, engineering analyses, or test data collected, to 
identify the appropriate test conditions. The emission profile must 
include average HAP loading rate (in kg/hr) versus time for all 
emission episodes contributing to the vent stack for a period of time 
that is sufficient to include all batch cycles venting to the stack. 
Examples of information that could constitute process knowledge include 
calculations based on material balances, and process stoichiometry. 
Previous test results may be used provided the results are still 
relevant to the current process vent stream conditions. The average 
hourly HAP loading rate may be calculated by first dividing the HAP 
emissions from each episode by the duration of each episode, in hours, 
and selecting the highest hourly block average.
    (iv) For testing of process vents of duration greater than 8 hours, 
the owner or operator shall perform a maximum of 8 hours of testing. 
The test period must include the one hour period in which the highest 
HAP loading rate, in kg/hr, is predicted by the emission profile.
    (v) For testing durations of greater than 1 hour, the emission rate 
from a single test run may be used to determine compliance. For testing 
durations less than or equal to 1 hour, testing shall include three 
runs.
    (c) Compliance with process vent provisions. An owner or operator 
of an affected source shall demonstrate compliance with the process 
vent standards in Sec. 63.1362(b) using the procedures described in 
paragraphs (c)(1) through (5) of this section.
    (1) Except as provided in paragraph (c)(4) of this section, 
compliance with the process vent standards in Sec. 63.1362(b) shall be 
demonstrated in accordance with the provisions specified in paragraphs 
(c)(1)(i) through (viii) of this section.
    (i) Compliance with the emission limit cutoffs in 
Sec. 63.1362(b)(2)(i) and (4)(i) is demonstrated when the uncontrolled 
organic HAP emissions from the sum of all process vents within a 
process are less than or equal to 330

[[Page 60588]]

lb/yr. Uncontrolled HAP emissions shall be determined using the 
procedures described in paragraph (c)(2) of this section.
    (ii) Compliance with the emission limit cutoffs in 
Sec. 63.1362(b)(3)(i) and (5)(i) is demonstrated when the uncontrolled 
HCl and Cl2 emissions from the sum of all process vents 
within a process are less than or equal to 6.8 Mg/yr (7.5 tons/yr). 
Compliance with the emission limit cutoffs in Sec. 63.1362(b)(5)(ii) 
and (iii) is demonstrated when the uncontrolled HCl and Cl2 
emissions are greater than or equal to 6.8 Mg/yr (7.5 tons/yr) or 
greater than or equal to 191 Mg/yr (211 tons/yr), respectively. 
Uncontrolled emissions shall be determined using the procedures 
described in paragraph (c)(2) of this section.
    (iii) Compliance with the organic HAP percent removal efficiency 
specified in Sec. 63.1362(b)(2)(ii) is demonstrated when the annual 
uncontrolled organic HAP emissions from the sum of all process vents 
within a process are reduced by 90 percent. This demonstration shall be 
based on controlled HAP emissions determined using the procedures 
described in paragraph (c)(3) of this section and uncontrolled HAP 
emissions determined using the procedures described in paragraph (c)(2) 
of this section or by controlling the process vents using a device 
meeting the criteria specified in paragraph (c)(4) of this section.
    (iv) Compliance with the HCl and Cl2 percent removal 
efficiency specified in Sec. 63.1362(b)(3)(ii) and (5)(ii) is 
demonstrated when the annual uncontrolled HCl and Cl2 
emissions from the sum of all process vents within a process are 
reduced by 94 percent. Compliance with the HCl and Cl2 
percent removal efficiency specified in Sec. 63.1362(b)(5)(iii) is 
demonstrated when the annual HCl and Cl2 emissions from the 
sum of all process vents within a process are reduced by 99.9 percent. 
This demonstration shall be based on controlled emissions of HCl and 
Cl2 determined using the procedures described in paragraph 
(c)(3) of this section and uncontrolled emissions of HCl and 
Cl2 determined using the procedures described in paragraph 
(c)(2) of this section.
    (v) Compliance with the organic HAP percent removal efficiency 
specified in Sec. 63.1362(b)(4)(ii) is demonstrated when the annual 
uncontrolled organic HAP emissions from the use of all process vents 
within a process are reduced by 98 percent. This demonstration shall be 
based on controlled HAP emissions determined using the procedures 
described in paragraph (c)(3) of this section and uncontrolled HAP 
emissions determined using the procedures described in paragraph (c)(2) 
of this section or by controlling the process vents using a device 
meeting the criteria specified in paragraph (c)(4) of this section.
    (vi) Compliance with the emission reduction requirement in 
Sec. 63.1362(b)(2)(iii) is demonstrated when the annual uncontrolled 
HAP emissions from each process vent meeting the flowrate cutoff 
specified in Sec. 63.1362(b)(2)(iii)(A) are reduced by 98 percent or 
greater. This demonstration shall be based on controlled HAP emissions 
determined using the procedures described in paragraph (c)(3) of this 
section and uncontrolled HAP emissions determined using the procedures 
described in paragraph (c)(2) of this section or by controlling the 
process vents using a device meeting the criteria specified in 
paragraph (c)(4) of this section.
    (vii) Compliance with the emission reduction requirement in 
Sec. 63.1362(b)(2)(iii)(B) is demonstrated when the annual uncontrolled 
HAP emissions from each process vent meeting the flow rate cutoff of 
Sec. 63.1362(b)(2)(iii)(A) are reduced by 90 percent. This 
demonstration shall be based on controlled HAP emissions determined 
using the procedures described in paragraph (c)(3) of this section and 
uncontrolled HAP emissions determined using the procedures described in 
paragraph (c)(2) of this section or by controlling the process vents 
using a device meeting the criteria specified in paragraph (c)(4) of 
this section.
    (viii) Compliance with the outlet TOC concentration limit in 
Sec. 63.1362(b)(2)(ii)(B), (2)(iii), and (4)(iii) is demonstrated by 
the method specified in paragraph (c)(l)(viii)(A) of this section for 
combustion devices or by the method specified in either paragraph 
(c)(l)(viii)(B) or (C) of this section for recovery or recapture 
devices.
    (A) An initial Method 18 performance test shall be conducted. An 
operating parameter, as specified by the owner or operator in the 
Notification of Compliance Status report, shall be monitored 
continuously. The level of the parameter shall be established during 
the performance test.
    (B) The TOC concentration shall be monitored continuously using an 
FID. The organic HAP used as the calibration gas shall be the 
predominant HAP in the vent stream.
    (C) An initial performance test shall be conducted at absolute 
peak-case conditions using Method 25A. An operating parameter shall be 
monitored continuously. The value of the parameter shall be established 
during the performance test.
    (2) An owner or operator of an affected source complying with the 
emission limitation required by Sec. 63.1362(b)(2)(i), (3)(i), (4)(i) 
or (5)(i), or the emission reductions specified in 
Sec. 63.1362(b)(2)(ii)(A), (2)(iii), (3)(ii), (4)(ii), (4)(iii), 
(5)(ii), or (5)(iii) for each process vent within a process, shall 
calculate uncontrolled emissions according to the procedures described 
in paragraph (c)(2)(i) or (ii) of this section, as appropriate.
    (i) An owner or operator shall determine uncontrolled emissions of 
HAP using emission measurements and/or calculations for each batch 
emission episode within each unit operation according to the 
engineering evaluation methodology in paragraphs (c)(2)(i)(A) through 
(F) of this section.
    (A) Individual HAP partial pressures in multicomponent systems 
shall be determined in accordance with the methods specified in 
paragraphs (c)(2)(i)(A)(1) through (6) of this section.
    (1) If the components are miscible in one another, use Raoult's law 
to calculate the partial pressures;
    (2) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (3) If Raoult's law or Henry's law are not appropriate or 
available, use experimentally obtained activity coefficients, Henry's 
law constants, or solubility data;
    (4) If Raoult's law or Henry's law are not appropriate or 
available, use experimentally obtained activity coefficients or models 
such as the group-contribution models, to predict activity 
coefficients;
    (5) If Raoult's law or Henry's law are not appropriate or 
available, assume the components of the system behave independently and 
use the summation of all vapor pressures from the HAP as the total HAP 
partial pressure;
    (6) Chemical property data can be obtained from standard reference 
texts.
    (B) Emissions from vapor displacement due to transfer of material 
shall be calculated according to equation (1):
      
    [GRAPHIC] [TIFF OMITTED] TP10NO97.000
    
Where:

E = mass emission rate.
yi = saturated mole fraction of HAP in the vapor phase.
V = volume of gas displaced from the vessel.

[[Page 60589]]

R = ideal gas law constant.
T = temperature of the vessel vapor space; absolute.
PT = pressure of the vessel vapor space.
MW = molecular weight of the HAP.

    (C) Emissions from purging shall be calculated using Equation 1, 
except that for purge flow rates greater than 100 scfm, the mole 
fraction of HAP will be assumed to be 25 percent of the saturated 
value.
    (D) Emissions caused by the heating of a vessel shall be calculated 
using the procedures in either paragraph (c)(2)(i)(D)(1), (2), or (3) 
of this section, as appropriate.
    (1) If the final temperature to which the vessel contents are 
heated is lower than 50K below the boiling point of the HAP in the 
vessel, then emissions shall be calculated using equations (2) through 
(5) in paragraphs (c)(2)(i)(D)(1)(i), (ii), (iii), and (iv) of this 
section.
    (i) The mass of HAP emitted per episode shall be calculated using 
equation 2:
[GRAPHIC] [TIFF OMITTED] TP10NO97.001

Where:

E = mass of HAP vapor displaced from the vessel being heated.
(Pi)Tn = partial pressure of each HAP in the 
vessel headspace at initial (n = 1) and final (n = 2) temperatures.
Pa1 = initial noncondensable gas pressure in the vessel.
Pa2 = final noncondensable gas pressure.
MWHAP = The average molecular weight of HAP present in the 
vessel.

    (ii) The moles of noncondensable gas displaced is calculated using 
equation 3:
[GRAPHIC] [TIFF OMITTED] TP10NO97.002

Where:

 = number of lb-moles of noncondensable gas 
displaced.
V = volume of free space in the vessel.
R = ideal gas law constant.
Pa1 = initial noncondensable gas pressure in the vessel.
Pa2 = final noncondensable gas pressure.
T1 = initial temperature of vessel.
T2 = final temperature of vessel.

    (iii) The initial and final pressure of the noncondensable gas in 
the vessel shall be calculated according to the equation 4:
[GRAPHIC] [TIFF OMITTED] TP10NO97.003

Where:

Pan = partial pressure of noncondensable gas in the vessel 
headspace at initial (n = 1) and final (n = 2) temperatures.
Patm = atmospheric pressure.
(Pi)Tn = partial pressure of each condensable 
volatile organic compound (including HAP) in the vessel headspace at 
the initial temperature (n = 1) and final (n = 2) temperature.

    (iv) The average molecular weight of HAP in the displaced gas shall 
be calculated using equation 5:
[GRAPHIC] [TIFF OMITTED] TP10NO97.004

where n is the number of different HAP compounds in the emission 
stream.
    (2) If the vessel contents are heated to a temperature greater than 
50K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (c)(2)(i)(D)(2)(i) and (ii) of this section.
    (i) For the interval from the initial temperature to the 
temperature 50K below the boiling point, emissions shall be calculated 
using Equation 2, where T2 is the temperature 50K below the 
boiling point.
    (ii) For the interval from the temperature 50K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5K increment, where the emission for 
each increment shall be calculated using Equation 2.
    (A) If the final temperature of the heatup is lower than 5K below 
the boiling point, the final temperature for the last increment shall 
be the final temperature of the heatup, even if the last increment is 
less than 5K.
    (B) If the final temperature of the heatup is higher than 5K below 
the boiling point, the final temperature for the last increment shall 
be the temperature 5K below the boiling point, even if the last 
increment is less than 5K.
    (C) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a process condenser, the final temperature 
for the final increment shall be the temperature 5K below the boiling 
point, even if the last increment is less than 5K.
    (3) If the vessel is operating with a process condenser, and the 
vessel contents are heated to the boiling point, the primary condenser 
is considered part of the process. Emissions shall be calculated as the 
sum of Equation 2, which calculates emissions due to heating the vessel 
contents to the temperature of the gas exiting the condenser, and 
Equation 1, which calculates emissions due to the displacement of the 
remaining saturated noncondensable gas in the vessel. The final 
temperature in Equation 2 shall be set equal to the exit gas 
temperature of the process condenser. In Equation 1, V shall be set 
equal to the free space volume, and T2 shall be set equal to 
the condenser exit gas temperature.
    (E) Emissions from depressurization shall be calculated using the 
procedures in paragraphs (c)(2)(i)(E)(1) through (5) of this section.
    (1) The moles of HAP vapor initially in the vessel are calculated 
using the ideal gas law in equation 6:

[[Page 60590]]

[GRAPHIC] [TIFF OMITTED] TP10NO97.005


Where:

YHAP = mole fraction of HAP (the sum of the individual HAP 
fractions, Yi).
V = free volume in the vessel being depressurized.
P1 = initial vessel pressure.
R = gas constant.
T = vessel temperature, absolute units.

    (2) The moles of noncondensable gas present initially in the vessel 
are calculated using equation 7:

[GRAPHIC] [TIFF OMITTED] TP10NO97.006

Where:

V = free volume in the vessel being depressurized.
Pnc1 = initial partial pressure of the 
noncondensable gas, P1--Pi.
R = gas law constant, K.
T = temperature, absolute units.

    (3) The moles of noncondensable gas present at the end of 
depressurization are calculated using Equation 8:
[GRAPHIC] [TIFF OMITTED] TP10NO97.007

Where:

V = free volume in the vessel being depressurized.
Pnc2 = final partial pressure of the noncondensable gas, 
P2- Xi Pi.
R = gas law constant.
T = temperature, absolute.

    (4) The moles of HAP emitted during the depressurization are 
calculated by taking an approximation of the average ratio of moles of 
HAP to moles of noncondensable and multiplying by the total moles of 
noncondensables released during the depressurization using Equation 9:
[GRAPHIC] [TIFF OMITTED] TP10NO97.008

Where:

NHAP = moles of HAP emitted.

    (5) The moles of HAP emitted can be converted to a mass rate using 
Equation 10:
[GRAPHIC] [TIFF OMITTED] TP10NO97.009

Where:

ErHAP = emission rate of the HAP.
MWHAP = molecular weight of the HAP.
t = time of the depressurization.

    (F) Emissions from vacuum systems may be calculated if the air 
leakage rate is known or can be approximated, using Equation 11:
[GRAPHIC] [TIFF OMITTED] TP10NO97.010

Where:
    Er = rate of HAP emission, in lb/hr.
    Psystem = absolute pressure of receiving vessel or 
ejector outlet conditions, if there is no receiver.
    Pi = vapor pressure of the HAP at the receiver 
temperature, in mmHg.
    La = total air leak rate in the system, lb/hr.
29 = molecular weight of air, lb/lbmole.

    (ii) For emission episodes in which an owner or operator can 
demonstrate that the methods in paragraph (c)(2)(i) of this section are 
not appropriate according to the criteria specified in paragraph 
(c)(2)(iii) of this section, an owner or operator shall calculate 
uncontrolled emissions by conducting an engineering assessment which 
includes, but is not limited to, the information and procedures 
described in paragraphs (c)(2)(ii)(A) through (E) of this section:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit 
applicable to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations;
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (3) Estimation of HAP concentrations based on saturation 
conditions.
    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented in accordance with Sec. 63.1366(b). Data 
or other information supporting a finding that the emissions estimation 
equations are inappropriate shall be reported in the Notification of 
Compliance Status.
    (iii) The emissions estimation equations in paragraph (c)(2)(i) of 
this section shall be considered inappropriate for estimating emissions 
for a given batch emissions episode if one or more of the criteria in 
paragraphs (c)(2)(iii)(A) and (B) of this section are met.
    (A) Previous test data are available that show a greater than 20 
percent discrepancy between the test value and the estimated value.
    (B) The owner or operator can demonstrate to the Administrator 
through any other means that the emissions estimation equations are not 
appropriate for a given batch emissions episode.
    (3) An owner or operator shall determine controlled emissions using 
emission measurements and/or calculations for each process vent using 
the control efficiency calculated for each device that controls process 
vents with total HAP emissions of less than 9.1 Mg/yr (10 tons/yr), 
before control, according to the design evaluation described in 
paragraph (c)(3)(i) of this section, or using the emission estimation 
equations described in paragraph (c)(2) of this section, as 
appropriate. An owner or operator shall determine controlled emissions 
for each process vent using the control efficiency determined for each 
device that controls process vents with total HAP emissions of greater 
than 9.1 Mg/yr (10 tons/yr), before control, by conducting a 
performance test on the control device as described in paragraphs 
(c)(3)(ii) through (iv) of this section, or by using the results of a 
previous performance test as described in paragraph (c)(5) of this 
section. An owner or operator is not required to conduct performance 
tests for devices described in paragraphs (c)(4) and (c)(5) of this 
section that control total emissions of greater than 10 tons/yr, before 
control.
    (i) The design evaluation shall include documentation demonstrating 
that the control device being used achieves the required control 
efficiency during the emission episodes in which it is functioning in 
reducing emissions. This documentation shall include a description of 
the gas stream which enters the control device, including flow and HAP 
concentration, and the information specified in paragraphs (c)(3)(i)(A) 
through (G) of this section, as applicable.
    (A) If the control device receives vapors, gases or liquids, other 
than fuels, from emission points other than storage tanks subject to 
this subpart, the efficiency demonstration shall include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
any of the emission reduction requirements specified in 
Sec. 63.1362(c), documentation that those conditions exist is 
sufficient

[[Page 60591]]

to meet the requirements of paragraph (c)(3)(i) of this section.
    (C) Except as provided in paragraph (c)(3)(i)(B) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP 
emission stream, the desorption schedule, the regeneration stream 
pressure or temperature, and the flow rate of the regeneration stream. 
For vacuum desorption, pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (F) For gas absorbers, the design evaluation shall include the flow 
rate of the emission stream, the type of solvent, and solvent flow 
rate, pH of the inlet solvent, and the design of the absorber.
    (G) For fabric filters, the design evaluation shall include the 
pressure drop through the device, and the net gas-to-cloth ratio.
    (ii) Except for control devices that meet an outlet TOC 
concentration of 20 ppmv, the performance test shall be conducted by 
performing emission testing on the inlet and outlet of the control 
device following the test methods and procedures of paragraph (b) of 
this section. For control devices that meet an outlet TOC concentration 
of 20 ppmv, the performance testing shall be conducted by performing 
emission testing on the outlet of the control device following the test 
methods and procedures of paragraph (b) of this section. Each owner or 
operator seeking to demonstrate that the outlet stream from a 
combustion, recovery, or recapture device has a TOC concentration below 
20 ppmv shall calculate the concentration according to the procedures 
specified in paragraphs (c)(3)(ii)(A) and (B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using equation 12:
     
    [GRAPHIC] [TIFF OMITTED] TP10NO97.011
    
Where:

CTOC = concentration of TOC, dry basis, ppmv.
Cji = concentration of individual component j in sample i, 
dry basis, ppmv.
n = number of individual components in the sample.
x = number of samples in the sample run.

    (B) The concentration of TOC shall be corrected to 3 percent 
oxygen. The integrated sampling and analysis procedures of Method 3B of 
40 CFR part 60, appendix A, shall be used to determine the oxygen 
concentration (percent O2d) that is used in the TOC 
concentration correction factor calculation. The samples shall be taken 
during the same time that the TOC samples are taken. The concentration 
corrected to 3 percent oxygen (Cc) shall be computed using 
Equation 13:
[GRAPHIC] [TIFF OMITTED] TP10NO97.012

Where:

Cc = concentration of TOC corrected to 3 percent oxygen, dry 
basis, ppmv.
Cm = concentration of TOC, dry basis, ppmv.
%O2d = concentration of oxygen, dry basis, percent by 
volume.

    (iii) Performance testing shall be conducted under the conditions 
specified in paragraphs (c)(3)(iii)(A) and (B) of this section.
    (A) Except as specified in paragraphs (c)(3)(iii)(B) through (D) of 
this section, the owner or operator shall test over absolute or 
hypothetical peak-case conditions for all control devices.
    (B) For thermal incinerators, the owner or operator may also choose 
to test over representative peak-case conditions; however, if the owner 
or operator chooses to test over representative peak-case conditions, 
the maximum allowable vent stream flowrate into the thermal incinerator 
is restricted to the level for which it was designed. The design basis 
of the incinerator shall be included as part of the Notification of 
Compliance Status.
    (C) For carbon adsorbers, the owner or operator may also choose to 
test over representative peak-case conditions.
    (D) For wet scrubbers, the owner or operator may also choose to 
test over representative peak-case conditions. The results of the 
performance test shall be used to calibrate or validate the results of 
validated models used to establish the operating parameter values.
    (iv) The owner or operator may elect to conduct more than one 
performance test on the control device for the purpose of establishing 
operating conditions associated with a range of achievable control 
efficiencies.
    (4) An owner or operator is not required to conduct a performance 
test when a control device specified in paragraphs (c)(4)(i) through 
(v) of this section is used to comply with the organic HAP emission 
reductions required by Sec. 63.1362(b)(2)(ii), (2)(iii), or (4)(ii). 
Emissions from these devices are considered in compliance with the 
reductions required by Sec. 63.1362(b)(2)(ii), (2)(iii), and (4)(ii).
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater where the vent stream is introduced 
with the primary fuel or is used as the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (iv) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (v) A flare that complies with the provisions in Sec. 63.11(b) of 
subpart A of this part.
    (5) An owner or operator is not required to conduct a performance 
test for any of the control systems described in paragraphs (c)(5)(i) 
and (ii) of this section.
    (i) Any control device for which a previous performance test was 
conducted, provided the test was conducted using the same procedures 
specified in Sec. 63.1364(b) of this subpart over conditions typical of 
the appropriate worst-case, as defined in paragraph (c)(3)(iii)(A) of 
this section. The results of the previous performance test shall be 
used to demonstrate compliance.
    (ii) A condenser system that is equipped with a temperature sensor 
and recorder, such that the condenser exit gas temperature can be 
measured at 15-minute intervals when the condenser is

[[Page 60592]]

functioning in cooling a vent stream. The condenser exit gas 
temperature shall be used to calculate removal efficiency of the 
condenser in demonstrating compliance.
    (d) Compliance with storage tank provisions. The owner or operator 
of an affected storage tank shall demonstrate compliance with 
Sec. 63.1362(c)(1) and (2), as applicable, by fulfilling the 
requirements of paragraph (d)(1) and either paragraph (d)(2), (3), or 
(4) of this section. The owner or operator of an affected storage tank 
shall demonstrate compliance with Sec. 63.1362(c)(3) by fulfilling the 
requirements of paragraph (d)(1) and either paragraph (d)(2), (3), or 
(5) of this section.
    (1) To determine the Group 1 status of a tank, the owner or 
operator shall determine the uncontrolled emissions using the methods 
described in American Petroleum Institute Publication 2518, Evaporative 
Loss From Fixed-Roof Tanks (incorporated by reference as specified in 
Sec. 63.14 of subpart A of this part).
    (2) For each Group 1 storage tank, the owner or operator shall 
compute the mass rate of total organic HAP (EI, 
EO) to demonstrate compliance with the percent reduction 
requirement of Sec. 63.1362(c)(1), (2) or (3).
    (i) Equations 14 and 15 shall be used:
    [GRAPHIC] [TIFF OMITTED] TP10NO97.013
    
    [GRAPHIC] [TIFF OMITTED] TP10NO97.014
    
Where:

CiJ, COJ=concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, ppmv.
Ei, EO=mass rate of total organic HAP at the 
inlet and outlet of the control device, respectively, dry basis, kg/hr.
Mij, Moj=molecular weight of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, g/gmole.
Qi, Qo=flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dscmm.
K2=constant, 2.494  x  10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature is 20  deg.C.

    (ii) The percent reduction in total organic HAP shall be calculated 
using equation 16:
[GRAPHIC] [TIFF OMITTED] TP10NO97.015

Where:

R=control efficiency of control device, percent.
Ei=mass rate of total organic HAP at the inlet to the 
control device as calculated under paragraph (d)(l)(i) of this section, 
kilograms organic HAP per hour.
Eo=mass rate of total organic HAP at the outlet of the 
control device, as calculated under paragraph (d)(2)(i) of this 
section, kilograms organic HAP per hour.

    (iii) A performance test is not required to be conducted if the 
control device used to comply with Sec. 63.1362(c) (storage tank 
provisions) is also used to comply with Sec. 63.1362(b) (process vent 
provisions), and compliance with Sec. 63.1362(b) has been demonstrated 
in accordance with paragraph (c)(2) of this section.
    (iv) A performance test is not required if the control device meets 
any of the conditions specified in paragraphs (c)(4) or (5) of this 
section.
    (3) To demonstrate compliance with the percent reduction 
requirement of Sec. 63.1362(c)(1), (2) or (3), a design evaluation 
shall be prepared. The design evaluation shall include documentation 
showing that the control device being used achieves the required 
control efficiency during reasonably expected maximum filling rate. 
This documentation shall include a description of the gas stream which 
enters the control device, including flow and organic HAP content under 
varying liquid level conditions, and the information specified in 
paragraphs (c)(3)(i)(A) through (E) of this section, as applicable.
    (4) If the owner or operator of an affected source chooses to 
comply with the provisions of Sec. 63.1362(c)(1) or (2) by installing a 
floating roof, the owner or operator shall comply with the procedures 
described in Sec. 63.119(b), (c), or (d) of subpart G of this part and 
the procedures described in Sec. 63.120 of subpart G of this part, with 
the differences specified in Sec. 63.1362(d)(2)(i) through (iv).
    (5) Except as provided in paragraphs (d)(5)(i) through (iv) of this 
section, compliance with the concentration requirement of 
Sec. 63.1362(c)(3) shall be demonstrated by determining the outlet 
concentration of organic HAP using the applicable test methods 
described in paragraph (b) of this section. If a combustion control 
device is used, the organic HAP concentration shall be corrected to 3 
percent oxygen according to the procedures specified in paragraph 
(c)(3)(ii)(B) of this section.
    (i) A performance test is not required if the conditions described 
in paragraph (d)(2)(iii) of this section apply.
    (ii) A performance test is not required if the control device meets 
any of the conditions specified in paragraphs (c)(4)(i) through (v) of 
this section.
    (iii) A performance test is not required for any control device for 
which a previous test was conducted, provided the test was conducted 
using the same procedures specified in paragraph (b) of this section.
    (iv) A performance test is not required for a condenser system 
operated in accordance with the provisions specified in paragraph 
(c)(5)(ii) of this section.
    (e) Compliance with wastewater provisions. An owner or operator 
shall demonstrate compliance with the wastewater requirements by 
complying with the provisions in Secs. 63.131 through 63.149, except 
that the owner or operator need not comply with the requirement to 
determine visible emissions that is specified in Sec. 63.145(j)(1).
    (f) Compliance with the bag dump and product dryer provisions. 
Compliance with the particulate HAP concentration limits specified in 
Sec. 63.1362(f) is demonstrated when the concentration of particulate 
HAP is less than 0.01 gr/dscf, as measured or estimated using one of 
the procedures described in paragraph (f) (1) or (2) of this section.
    (1) The concentration of particulate HAP shall be measured using 
the method described in paragraph (a)(8) of this section.
    (2) The concentration of particulate HAP shall be calculated based 
on knowledge of the process. The owner or operator shall provide 
sufficient information to document the concentration. An example of 
information that could constitute such knowledge include previous test 
results, provided the results are still representative of current 
operating practices at the process unit.
    (g) Pollution prevention alternative standard. The owner or 
operator shall demonstrate compliance with Sec. 63.1362(j) using the 
procedures described in either paragraph (g) (1) or (2) of this 
section.
    (1) Compliance with Sec. 63.1362(j)(2) is demonstrated when the 
annual HAP factor is reduced to a value equal to or less than 15 
percent of the baseline HAP factor, and the annual VOC factor is equal 
to or less than the baseline VOC factor. Factors shall be calculated in 
accordance with the procedures

[[Page 60593]]

specified in paragraphs (g)(1) (i) and (ii) of this section.
    (i) The baseline HAP and VOC factors shall be calculated by 
dividing the consumption of total HAP and total VOC by the production 
rate, per process, for the first 12-month period for which data are 
available, to begin no earlier than January 1, 1987.
    (ii) The annual HAP and VOC factors shall be calculated in 
accordance with the procedures specified in paragraphs (g)(1)(ii) (A) 
through (C) of this section.
    (A) The consumption of both total HAP and total VOC shall be 
divided by the production rate, per process, for 12-month periods at 
the frequency specified in either paragraph (g)(1)(ii) (B) or (C) of 
this section, as applicable.
    (B) For continuous processes, the annual factors shall be 
calculated every 30 days for the 12-month period preceding the 30th day 
(annual rolling average calculated every 30 days).
    (C) For batch processes, the annual factors shall be calculated 
every 10 batches for the 12-month period preceding the 10th batch 
(annual rolling average calculated every 10 batches).
    (2) Compliance with Sec. 63.1362(j)(3) is demonstrated when the 
requirements of paragraphs (g)(2) (i) through (iv) of this section are 
met.
    (i) The annual HAP factor is reduced to a value equal to or less 
than 50 percent of the baseline HAP factor, and the annual VOC factor 
is equal to or less than the baseline VOC factor. Factors shall be 
calculated in accordance with the procedures specified in paragraphs 
(g)(1) (i) and (ii) of this section.
    (ii) The yearly reduction, in kg HAP/yr, associated with add-on 
controls that meet the criteria of Sec. 63.1362(j)(3)(ii) (A) through 
(D), is equal to or greater than the mass of HAP calculated using 
equation 17:
[GRAPHIC] [TIFF OMITTED] TP10NO97.016

Where:

[kg/kg]b = the baseline HAP factor, kg HAP consumed/kg 
product.
[kg produced]a = the annual production rate, kg/yr.
[kg reduced]a = the annual HAP emissions reduction required 
by add-on controls, kg/yr.

    (iii) Demonstration that the criteria in Secs. 63.1362(j)(3)(ii) 
(A) through (D) are met shall be accomplished through a description of 
the control device and of the material streams entering and exiting the 
control device.
    (iv) The annual reduction achieved by the add-on control shall be 
quantified using the methods described in paragraph (c) of this 
section.
    (h) Planned maintenance. The owner or operator shall demonstrate 
compliance with the requirements of Sec. 63.1362(b), and (c) by 
including in each Periodic Report required by Sec. 63.1367 the periods 
of planned routine maintenance specified by date and time (planned 
routine maintenance of a control device, during which the control 
device does not meet the specifications of Sec. 63.1362, as applicable, 
shall not exceed 240 hours per year).
    (i) Compliance with emissions averaging provisions. An owner or 
operator shall demonstrate compliance with the emissions averaging 
provisions of Sec. 63.1362(k) by fulfilling the requirements of 
paragraphs (i)(1) through (6) of this section.
    (1) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all the information required in 
Sec. 63.1366(f). The Implementation Plan shall be submitted 18 months 
prior to the compliance date of the standard. The Administrator shall 
have 60 days to approve or disapprove the emissions averaging plan 
after which time the plan shall be considered approved. The plan shall 
be considered approved if the Administrator either approves the plan in 
writing, or fails to disapprove the plan in writing. The 60 day period 
shall begin when the Administrator receives the request. If the request 
is denied, the owner or operator must still be in compliance with the 
standard by the compliance date.
    (2) For all points included in an emissions average, the owner or 
operator shall comply with the procedures that are specified in 
paragraphs (i)(2)(i) through (v) of this section.
    (i) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the standard 
for those emission points. Equations in paragraph (i)(5) of this 
section shall be used to calculate debits.
    (ii) Calculate and record monthly credits for all Group 1 and Group 
2 emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (i)(6) of this section shall be used to 
calculate credits. All process vent, storage tank, and wastewater 
emission points except those specified in Sec. 63.1362(k)(1) through 
(6) may be included in the credit calculation.
    (iii) Demonstrate that annual credits calculated according to 
paragraph (i)(6) of this section are greater than or equal to debits 
calculated according to paragraph (i)(5) of this section for the same 
annual compliance period. The initial demonstration in the 
Implementation Plan or operating permit application that credit-
generating emission points will be capable of generating sufficient 
credits to offset the debit-generating emission points shall be made 
under representative operating conditions. After the compliance date, 
actual operating data shall be used for all debit and credit 
calculations.
    (iv) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (i)(5) of this section are not more than 
1.30 times the credits for the same period calculated according to 
paragraph (i)(6) of this section. Compliance for the quarter shall be 
determined based on the ratio of credits and debits from that quarter, 
with 30 percent more debits than credits allowed on a quarterly basis.
    (v) Record and report quarterly and annual credits and debits as 
required in Secs. 63.1366(f) and 63.1367(d).
    (3) Credits and debits shall not include emissions during periods 
of malfunction. Credits and debits shall not include periods of startup 
and shutdown for continuous processes.
    (4) During periods of monitoring excursions credits and debits 
shall be adjusted as specified in paragraphs (i)(4) (i) through (iii) 
of this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may demonstrate to the Administrator 
that full or partial credits or debits should be assigned using the 
procedures in Sec. 63.150(l) of subpart G of this part.
    (5) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or 
controlled to a level less stringent than the applicable standard and 
the emissions allowed for the Group 1 emission point. Debits shall be 
calculated in accordance with the procedures specified in paragraphs 
(i)(5) (i) through (iv) of this section.

[[Page 60594]]

    (i) Source-wide debits shall be calculated using Equation 18 of 
this subpart:

Debits=
[GRAPHIC] [TIFF OMITTED] TP10NO97.017

Where:

    Debits and all terms of Equation 18 are in units of Mg/month, and

EPViU=uncontrolled emissions from process i calculated 
according to the procedures specified in paragraph (i)(5)(ii) of this 
section.
EPViA=actual emissions from each Group 1 process i that is 
uncontrolled or is controlled to a level less stringent than the 
applicable standard. EPViA is calculated using the 
procedures in paragraph (i)(5)(ii) of this section.

ESiU=uncontrolled emissions from storage tank i calculated 
according to the procedures specified in paragraph (i)(5)(iii) of this 
section.
ESiA=actual emissions from each Group 1 storage tank i that 
is uncontrolled or is controlled to a level less stringent than the 
applicable standard. ESiA is calculated using the procedures 
in paragraph (i)(5)(iii) of this section.
EWWiC=emissions from each Group 1 wastewater stream i if the 
standard had been applied to the uncontrolled emissions. 
EWWiC is calculated using the procedures in paragraph 
(i)(5)(iv) of this section.
EWWiA=actual emissions from each Group 1 wastewater stream i 
that is uncontrolled or is controlled to a level less stringent than 
the applicable standard. EWWiA is calculated using the 
procedures in paragraph (i)(5)(iv) of this section.
n=the number of emission points being included in the emissions 
average. The value of n is not necessarily the same for process vents, 
storage tanks, and wastewater.
    (ii) Emissions from process vents shall be calculated in accordance 
with the procedures specified in paragraphs (i)(5)(ii) (A) through (C) 
of this section.
    (A) Except as provided in paragraph (i)(5)(ii)(C) of this section, 
uncontrolled emissions for process vents shall be calculated using the 
procedures that are specified in paragraph (c)(2) of this section.
    (B) Except as provided in paragraph (i)(5)(ii)(C) of this section, 
actual emissions for process vents shall be calculated using the 
procedures specified in paragraph (c)(3) of this section.
    (C) As an alternative to the procedures described in paragraphs 
(h)(5)(ii) (A) and (B) of this section, for continuous processes, 
uncontrolled and actual emissions may be calculated by the procedures 
described in Sec. 63.150(g)(2) of subpart G of this part. For purposes 
of complying with this paragraph, the 98 percent reduction in 
Sec. 63.150(g)(2)(iii) of subpart G of this part shall mean 90 percent.
    (iii) Uncontrolled emissions from storage tanks shall be calculated 
in accordance with the procedures described in paragraph (d)(1) of this 
section. Actual emissions from storage tanks shall be calculated using 
the procedures specified in Sec. 63.150(g)(3) (ii), (iii), or (iv) of 
subpart G of this subpart, as appropriate, except as provided in 
paragraphs (i)(5)(iii) (A) and (B) of this section.
    (A) When Sec. 63.150(g)(3)(ii)(C) refers to Sec. 63.119(e)(2) and 
90-percent reduction, Sec. 63.1362(d)(1)(ii) and 41-percent reduction 
shall apply for the purposes of this subpart.
    (B) When Sec. 63.150(g)(3)(ii)(B) refers to the procedures in 
Sec. 63.120(d) for determining percent reduction for a control device, 
Sec. 63.1364(d) (2) or (3) shall apply for the purposes of this 
subpart.
    (iv) Emissions from wastewater shall be calculated using the 
procedures specified in Sec. 63.150(g)(5) of subpart G of this part.
    (6) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from that Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required in this subpart or any other State or Federal rule or 
statute. Credits shall be calculated in accordance with the procedures 
specified in paragraphs (i)(6) (i) through (v) of this section.
    (i) Source-wide credits shall be calculated using Equation 19 in 
this paragraph (i)(6)(i):
Credits=
[GRAPHIC] [TIFF OMITTED] TP10NO97.018

Where: Credits and all terms in equation 19 are in units of Mg/month, 
the baseline date is November 15, 1990, the terms consisting of a 
constant multiplied by the uncontrolled emissions are the emissions 
from each emission point subject to the standards in Sec. 63.1362 (b) 
and (c) that is controlled to a level more stringent than the standard, 
and

EPV1iU = uncontrolled emissions from each Group 1 process i 
calculated according to the procedures in paragraph (i)(6)(iii)(A) of 
this section.
EPV1iA = actual emissions from each Group 1 process i that 
is controlled to a level more stringent than the applicable standard. 
EPViA is calculated according to the

[[Page 60595]]

procedures in paragraph (i)(6)(iii)(B) of this section.
EPV2iB = emmissions from each Group 2 process i at the 
baseline date. EPV2iB is calculated according to the 
procedures in paragraph (i)(6)(iii)(C) of this section.
EPV2iA=actual emissions from each Group 2 process i that is 
controlled. EPV2iA is calculated according to the procedures 
in paragraph (i)(6)(iii)(C) of this section.
ES1iU=uncontrolled emissions from each Group 1 storage tank 
i calculated according to the procedures in paragraph (i)(6)(iv) of 
this section.
ES1iA=actual emissions from each Group 1 storage tank i that 
is controlled to a level more stringent that the applicable standard. 
ES1iA is calculated according to the procedures in paragraph 
(i)(6)(iv) of this section.
ES2iB=emissions from each Group 2 storage tank i at the 
baseline date. ES2iB is calculated according to the 
procedures in paragraph (i)(6)(iv) of this section.
ES2iA=actual emissions from each Group 2 storage tank i that 
is controlled. ES2iA is calculated according to the 
procedures in paragraph (i)(6)(iv) of this section.
EWW1iC=emissions from each Group 1 wastewater stream i if 
the standard had been applied to the uncontrolled emissions. 
EWW1iC is calculated according to the procedures in 
paragraph (i)(6)(v) of this section.
EWW1iA=emissions from each Group 1 wastewater stream i that 
is controlled to a level more stringent than the applicable standard. 
EWW1iA is calculated according to the procedures in 
paragraph (i)(6)(v) of this section.
EWW2iB=emissions from each Group 2 wastewater stream i at 
the baseline date. EWW2iB is calculated according to the 
procedures in paragraph (i)(6)(v) of this section.
EWW2iA=actual emissions from each Group 2 wastewater stream 
i that is controlled. EWW2iA is calculated according to the 
procedures in paragraph (i)(6)(v) of this section.
n=number of Group 1 emission points that are included in the emissions 
average. The value of n is not necessarily the same for process vents, 
storage tanks, and wastewater.
m=number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for process vents, storage 
tanks, and wastewater.
D=discount factor equal 0.9 for all credit-generating emission points 
except those controlled by a pollution prevention measure, which will 
not be discounted.

    (ii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be as 
determined as described in Sec. 63.150(j) of subpart G of this part.
    (iii) Emissions from process vents shall be calculated in 
accordance with the procedures specified in paragraphs (i)(6)(iii) (A) 
through (C) of this section
    (A) Uncontrolled emissions from Group 1 process vents shall be 
calculated according to the procedures in paragraph (i)(5)(ii) (A) or 
(C) of this section.
    (B) Actual emissions from Group 1 process vents with a nominal 
efficiency greater than the applicable standard or a pollution 
prevention measure shall be calculated using equation 20:

EPV1Ai=EPV1Ui x [(1-(Nominal efficiency, %)/
100%)]    (20)

    (C) Baseline and actual emissions from Group 2 process vents shall 
be calculated according to the procedures in Sec. 63.150(h)(2) (iii) 
and (iv) with the following modifications:
    (1) The term ``98 percent reduction'' shall mean ``90 percent 
reduction''; and
    (2) The references to paragraph (g)(2) of this section shall mean 
paragraph (i)(5)(ii) of this section.
    (iv) Uncontrolled emissions from storage tanks shall be calculated 
according to the procedures described in paragraph (d)(1) of this 
section. Actual and baseline emissions from storage tanks shall be 
calculated according to the procedures specified in Sec. 63.150(h)(3) 
of subpart G of this part, except when Sec. 63.150(h)(3) refers to 
Sec. 63.150(g)(3)(i), paragraph (d)(1) of this section shall apply for 
the purposes of this subpart.
    (v) Emissions from wastewater shall be calculated using the 
procedures in Sec. 63.150(h)(5) of subpart G of this part.


Sec. 63.1365  Monitoring and inspection requirements.

    (a) The owner or operator of any existing, new, or reconstructed 
affected source shall provide evidence of continued compliance with the 
standard. During the initial compliance demonstration, maximum or 
minimum operating parameters, as appropriate, shall be established for 
emission sources that will indicate the source is in compliance. Test 
data, calculations, or information from the evaluation of the control 
device design shall be used to establish the operating parameter. If 
the operating parameter to be established is a maximum and if 
performance testing has been required, the value of the parameter shall 
be the average of the maximum values from each of the three test runs. 
If the operating parameter to be established is a minimum and if 
performance testing has been required, the value of the parameter shall 
be the average of the minimum values from each of the three test runs. 
Parameter values for process vents from batch operations shall be 
determined as specified in paragraphs (b)(1) and (2) of this section. 
The owner or operator shall operate processes and control devices 
within these parameters to ensure continued compliance with the 
standard. Monitoring parameters are specified for continuous process 
vent control scenarios in paragraphs (a)(1) through (8) of this 
section.
    (1) For all control devices that are used to control process vent 
streams totaling less than 0.91 Mg/yr (1 ton/yr) HAP emissions, before 
control, monitoring shall consist of a periodic verification that the 
device is operating properly. This verification shall include, but not 
be limited to, a periodic demonstration that the unit is working as 
designed. This demonstration shall be included in the Precompliance 
report, to be submitted 12 months prior to the compliance date of the 
standard.
    (2) For affected sources using water scrubbers that are used to 
control process vent streams totaling greater than 0.91 Mg/yr (1 ton/
yr), before controls, the owner or operator shall establish a minimum 
scrubber water flow rate as a site-specific operating parameter which 
must be measured and recorded every 15 minutes. The affected source 
will be in violation of the emission standard if the scrubber water 
flow rate, averaged over the operating day, is below the minimum value 
established during the initial compliance demonstration.
    (3) For affected sources using condensers that are used to control 
process vent streams totaling greater than 0.91 Mg/yr (1 ton/yr), 
before controls, the owner or operator shall establish the maximum 
condenser outlet gas temperature as a site-specific operating parameter 
which must be measured and recorded every 15 minutes. The affected 
source will be in violation of the emission standard if the condenser 
outlet gas temperature, averaged over the operating day, is greater 
than the maximum value established during the initial compliance 
demonstration.
    (4) For affected sources using carbon adsorbers that are used to 
control process vent streams totaling greater

[[Page 60596]]

than 0.91 Mg/yr (1 ton/yr), before controls, the owner or operator 
shall establish the site-specific operating parameter(s) specified in 
either paragraph (a)(4) (i), (ii), or (iii) of this section.
    (i) A maximum outlet HAP concentration shall be specified as the 
site-specific operating parameter. The affected source will be in 
violation of the emission standard if the outlet HAP concentration, 
averaged over the operating day, is greater than the maximum value 
established during the initial compliance demonstration.
    (ii) The outlet TOC concentration shall be established as the site-
specific operating parameter. The affected source will be in violation 
of the emission standard if the outlet TOC concentration, averaged over 
the operating day for each process, is greater than 20 ppmv.
    (iii) The adsorption/regeneration cycle characteristics shall be 
established under absolute peak-case conditions, and the frequency of 
monitoring for the operating parameters specified below shall be 
described in the Notification of Compliance Status Report. The affected 
source will be in violation of the emission standard if any of the 
values for these parameters established during the initial compliance 
demonstration are exceeded.
    (A) Maximum time of adsorption;
    (B) Minimum bed temperature during regeneration;
    (C) Maximum bed temperature after cooling;
    (D) Minimum regeneration stream flow rate; and
    (E) Maximum time between tests to determine bed poisoning.
    (5) For affected sources using flares that are used to control 
process vent streams totaling greater than 0.91 Mg/yr (1 ton/yr), 
before controls, the presence of the pilot flame shall be monitored 
every 15 minutes. Loss of pilot flame is a violation of the emission 
standard.
    (6) For affected sources using combustion devices that are used to 
control process vents totaling greater than 0.91 Mg/yr (1 ton/yr), 
before controls, the owner or operator shall monitor the temperature of 
the gases exiting the combustion chamber as the site-specific operating 
parameter which must be measured and recorded every 15 minutes. The 
affected sources will be in violation of the emission standard if the 
chamber temperature averaged over the operating day, is greater than 
the maximum value established during the initial compliance 
demonstration.
    (7) For each fabric filter used to control particulate HAP 
emissions from bag dumps and product dryers totaling more than 0.91 Mg/
yr (1 ton/yr), before controls, the owner or operator shall install, 
calibrate, maintain, and continuously operate a bag leak detection 
system that meets the requirements in paragraphs (a)(7) (i) through 
(viii) of this section.
    (i) The bag leak detection system sensor must provide output of 
relative or absolute PM emissions.
    (ii) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in PM emissions over a preset 
level is detected.
    (iii) For positive pressure fabric filters, a bag leak detector 
must be installed in each fabric filter compartment or cell. If a 
negative pressure or induced air filter is used, the bag leak detector 
must be installed downstream of the fabric filter. Where multiple bag 
leak detectors are required (for either type of fabric filter), the 
system instrumentation and alarm may be shared among detectors.
    (iv) The bag leak detection system shall be installed, operated, 
calibrated and maintained in a manner consistent with available 
guidance from the U.S. Environmental Protection Agency or, in the 
absence of such guidance, the manufacturer's written specifications and 
instructions.
    (v) Calibration of the system shall, at a minimum, consist of 
establishing the relative baseline output level by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (vi) The owner or operator shall not adjust the range, averaging 
period, alarm set points, or alarm delay time contained in the 
Notification of Compliance Status report without written approval from 
the Administrator.
    (vii) If the alarm on a bag leak detection system is triggered, the 
owner or operator shall inspect the control device to determine the 
cause of the deviation and initiate within 1 hour of the alarm the 
corrective actions specified in the Notification of Compliance Status 
report. Failure to initiate the corrective action procedures within 1 
hour of the alarm is a violation of the particulate HAP emission 
standard.
    (viii) If the bag leak detection system alarm is activated for more 
than 5 percent of the total operating time during a 6-month reporting 
period, the owner or operator shall develop and implement a written 
quality improvement plan consistent with subpart D of this part of the 
draft approach to compliance assurance monitoring.
    (8) For each waste management unit, treatment process, or control 
device used to comply with Sec. 63.1362(d), the owner or operator shall 
comply with the procedures specified in Sec. 63.143 of subpart G of 
this part, except that when the procedures to request approval to 
monitor alternative parameters according to the procedures in 
Sec. 63.151(f) are referred to in Sec. 63.143(d)(3), the procedures in 
paragraph (c) of this section shall apply for the purposes of this 
subpart.
    (b) The owner or operator of any existing, new, or reconstructed 
affected source that chooses to comply with the emission limit or 
emission reduction requirement for batch process vents and combined 
streams from process vents and storage tanks shall provide evidence of 
continued compliance with the standard. As part of the initial 
compliance demonstrations for batch process vents and storage tanks, 
test data, compliance calculations, or information from the control 
device design evaluation shall be used to establish a maximum or 
minimum level of a relevant operating parameter for each control device 
that the owner or operator selects to operate as part of achieving the 
required emission reduction or emission limitation. The owner or 
operator shall operate processes and control devices within these 
parameters to ensure continued compliance with the standard.
    (1) For devices that are used to control batch process vent streams 
totaling less than 0.91 Mg/yr (1 ton/yr) HAP emissions, before control, 
monitoring shall consist of a periodic verification that the device is 
operating properly. This verification shall include, but not be limited 
to, a periodic demonstration that the unit is working as designed. This 
demonstration shall be included in the Precompliance report, to be 
submitted 12 months prior to the compliance date of the standard.
    (2) For batch process vents that are routed to a device that 
receives HAP in excess of 0.91 Mg/yr (1 ton/yr), before control, the 
level(s) shall be established in accordance with paragraphs (b)(2) (i) 
through (iv) of this section.
    (i) If more than one batch emission episode or more than one 
portion of a batch emission episode has been selected to be controlled, 
a single level for the batch cycle(s) or process(es) shall be 
calculated from the initial compliance demonstration. The appropriate 
parameter shall be determined for the peak-case conditions, as 
determined in Sec. 63.1364(b)(7) (ii) and (iii), selected to be 
controlled. The average parameter monitoring level for the cycle(s) or

[[Page 60597]]

process(es) shall be based on the parameter value determined from the 
peak-case conditions.
    (ii) Instead of establishing a single level for the batch cycle(s) 
or process(es), as described in paragraph (b)(2)(i) of this section, an 
owner or operator may establish separate levels for each batch emission 
episode, or portion thereof, selected to be controlled.
    (iii) For devices controlling at least 9.1 Mg/yr (10 tons/yr) for 
which a performance test is required, the owner or operator may 
establish the parametric monitoring level(s) based on the performance 
test supplemented by engineering assessments and manufacturer's 
recommendations. Performance testing is not required to be conducted 
over the entire range of expected parameter values. The rationale for 
the specific level for each parameter, including any data and 
calculations used to develop the level(s) and a description of why the 
level indicates proper operation of the control device shall be 
provided in the Precompliance report. The procedures specified in this 
section have not been approved by the Administrator and determination 
of the parametric monitoring level using these procedures is subject to 
review and approval by the Administrator.
    (iv) For devices controlling at least 9.1 Mg/yr (10 tons/yr) for 
which a performance test is conducted at routine conditions, the owner 
or operator shall establish the parametric monitoring level(s) at 
conditions of the test. The level(s) established shall be provided in 
the Notification of Compliance Status report.
    (3) Except as provided in paragraphs (b) (4) through (8) of this 
section, if the sum of HAP emissions, before control, routed to the 
device is greater than 0.91 Mg/yr (1.0 ton/yr), the appropriate 
parameter shall be monitored at 15-minute intervals, or at least once 
for batch emission episodes of duration shorter than 15 minutes, for 
the entire period in which the control device is functioning in 
achieving required removals.
    (4) Affected sources with condensers on process vents shall 
establish the maximum condenser outlet gas temperature as a site-
specific operating parameter. The affected source will be in violation 
of the emission standard if the condenser outlet gas temperature, 
averaged over the operating day for each process, is greater than the 
value established during the initial compliance demonstration.
    (5) For affected sources using water scrubbers, the owner or 
operator shall establish a minimum scrubber water flow rate as a site-
specific operating parameter. The affected source will be in violaton 
of the emission standard if the scrubber water flow rate, averaged over 
the operating day for each process, is below the minimum flow rate 
established during the initial compliance demonstration.
    (6) For affected sources using carbon adsorbers, the owner or 
operator shall establish and monitor the site-specific operating 
parameter(s) in either paragraph (b)(6)(i), (ii), or (iii) of this 
section:
    (i) A maximum outlet HAP concentration shall be established as the 
site-specific operating parameter. The affected source will be in 
violation of the emission standard if the outlet HAP concentration, 
averaged over the operating day for each process, is greater than the 
value established during the initial compliance demonstration.
    (ii) The outlet TOC concentration shall be established as the site-
specific operating parameter. The affected source will be in violation 
of the emission standard if the outlet TOC concentration, averaged over 
the operating day for each process, is greater than 20 ppmv.
    (iii) The adsorption/regeneration cycle characteristics shall be 
established under absolute peak-case conditions, and the frequency of 
monitoring for the operating parameters specified below shall be 
described in the Notification of Compliance Status Report. The affected 
source will be in violation of the emission standard if any of the 
values for these parameters established during the initial compliance 
demonstration are exceeded.
    (A) Maximum time of adsorption;
    (B) Minimum bed temperature during regeneration;
    (C) Maximum bed temperature after cooling;
    (D) Minimum regeneration stream flow rate; and
    (E) Maximum time between tests to determine bed poisoning.
    (7) For affected sources using flares, the presence of the pilot 
flame shall be monitored. Loss of pilot flame is a violation of the 
emission standard.
    (8) For affected sources using combustion devices, the temperature 
of the gases exiting the combustion chamber shall be monitored. The 
affected source will be in violation of the emission standard if the 
combustion chamber temperature, averaged over the operating day for 
each process, is less than the value established during the initial 
compliance demonstration.
    (c) An owner or operator may request approval to monitor parameters 
other than those required by paragraphs (a)(2) through (8) and (b)(5) 
through (8) of this section. The request shall be submitted according 
to the procedures specified in Sec. 63.8(f) of subpart A of this part 
or in the Precompliance Report (as specified in Sec. 63.1367(a)(2)).
    (d) Periods of time when monitoring measurements exceed the 
parameter values as well as periods of inadequate monitoring data do 
not constitute a violation if they occur under the conditions described 
in paragraph (d)(1) or (2) of this section.
    (1) For continuous processes, during a startup, shutdown, or 
malfunction, and the facility follows its startup, shutdown, and 
malfunction plan.
    (2) For batch processes, during a malfunction, and the facility 
follows its startup, shutdown, and malfunction plan.
    (e) Equipment leaks. The owner or operator of any affected source 
complying with the requirements of subpart H of this part shall meet 
the monitoring requirements specified in subpart H of this part.
    (f) Heat exchangers. The owner or operator of an affected source 
complying with the requirements of Sec. 63.1362(g) shall meet the 
monitoring requirements specified in paragraph (f)(1) or (2) of this 
section.
    (1) An owner or operator that elects to comply with the 
requirements of Sec. 63.1362(g)(2) shall meet the monitoring 
requirements specified in Sec. 63.104(b) of subpart F of this part.
    (2) An owner or operator that elects to comply with the 
requirements of Sec. 63.1362(g)(3) shall prepare and implement a 
monitoring plan that includes the information specified in paragraphs 
(f)(2) (i) through (iv) of this section. The plan shall require 
monitoring of one or more surrogate indicators or monitoring of one or 
more process parameters or other conditions that indicate a leak. 
Monitoring that is already being conducted for other purposes may be 
used to satisfy the requirements of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or condition(s) that shall constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or

[[Page 60598]]

condition is outside that range, a leak is detected.
    (iii) The monitoring frequency which shall be no less frequent than 
monthly for the first 6 months and quarterly thereafter to detect 
leaks.
    (iv) The records that will be maintained to document compliance 
with the requirements of Sec. 63.1362(f).
    (g) Pollution prevention. The owner or operator of an affected 
source that chooses to comply with the requirements of 
Sec. 63.1362(j)(2) or (3) shall calculate annual rolling average values 
of the HAP and VOC factors in accordance with the procedures specified 
in Sec. 63.1364(g)(1) (i) and (ii).
    The owner or operator will be considered out of compliance any time 
the annual HAP factor exceeds the baseline HAP factor by the amount 
specified in either Sec. 63.1364 (g)(1) or (2)(i), or the annual VOC 
factor exceeds the baseline VOC factor.
    (h) Emissions averaging. The owner or operator of an affected 
source that chooses to comply with the requirements of Sec. 63.1362(k) 
shall meet all monitoring requirements specified in paragraphs (a), 
(b), (c), and (d) of this section, as applicable, for all processes, 
storage tanks, and waste management units included in the emissions 
average.


Sec. 63.1366  Recordkeeping requirements.

    (a) The owner or operator of an affected source shall keep records 
of daily values of equipment operating parameters specified to be 
monitored under Sec. 63.1365, or specified by the Administrator. 
Records shall be kept in accordance with the requirements of applicable 
paragraphs of Sec. 63.10 of subpart A of this part, as specified in the 
General Provisions applicability table of this subpart (Table 1). The 
owner or operator shall keep records up-to-date and readily accessible.
    (1) A daily (24-hour) average shall be calculated as the average of 
all values for a monitored parameter recorded during the operating day.
    (2) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status in Sec. 63.9(h) of 
subpart A of this part. It may be from midnight to midnight or another 
continuous 24-hour period.
    (3) For every operating day in which the daily average value for an 
operating parameter is outside its established range, the owner or 
operator shall keep records of each parameter value reading taken 
during the day on which the excursion occurred.
    (4) For processes subject to Sec. 63.1362(j), records shall be 
maintained of annual HAP and VOC factors calculated every 30 days for 
continuous processes and every 10 batches for batch processes.
    (5) For each bag leak detector used to monitor particulate HAP 
emissions from a fabric filter, the owner or operator shall maintain 
records of any bag leak detection alarm, including the date and time, 
with a brief explanation of the cause of the alarm and the corrective 
action taken.
    (b) The owner or operator of an affected source that complies with 
the standards for process vents, storage tanks, and wastewater systems 
shall maintain up-to-date, readily accessible records of the 
information specified in paragraphs (b) (1) through (5) of this section 
to document that HAP emissions or HAP loadings (for wastewater) are 
below the limits specified in Sec. 63.1362:
    (1) The emissions of gaseous organic HAP and HCl per batch for each 
process.
    (2) The wastewater concentrations and flowrates per POD and 
process.
    (3) The number of batches per year for each batch process.
    (4) The operating hours per year for continuous processes.
    (5) The number of tank turnovers per year.
    (c) The owner or operator of an affected source subject to the 
standards in Sec. 63.1362(e), and implementing the leak detection and 
repair program specified in subpart H of this part, shall implement the 
recordkeeping requirements specified in Sec. 63.181 of subpart H of 
this part. All records shall be retained for a period of 5 years, in 
accordance with the requirements of Sec. 63.10(b)(1) of subpart A of 
this part.
    (d) For unit operations occurring more than once per day, 
exceedances of established parameter limits shall result in no more 
than one violation per operating day for each monitored item of 
equipment utilized in the unit operation.
    (e) For certain items of monitored equipment used for more than one 
type of unit operation in the course of an operating day, exceedances 
shall result in no more than one violation per operating day, per item 
of monitored equipment, for each type of unit operation in which the 
item is in service.
    (f) An owner or operator of an affected source that chooses to 
comply with the requirements of Sec. 63.1362(k) shall maintain up-to-
date records of the following information:
    (1) An Implementation Plan which shall include in the plan, for all 
emission points included in each of the emissions averages, the 
information listed in paragraphs (f)(1) (i) through (v) of this 
section.
    (i) The identification of all emission points in each emissions 
average.
    (ii) The values of all parameters needed for input to the emission 
debits and credits equations in Sec. 63.1364(i).
    (iii) The calculations used to obtain the debits and credits.
    (iv) The estimated values for all parameters required to be 
monitored under Sec. 63.1365(h) for each emission point included in an 
average. These parameter values, or as appropriate, limited ranges for 
parameter values, shall be specified as enforceable operating 
conditions for the operation of the process, storage tank, or waste 
management unit, as appropriate. Changes to the parameters must be 
reported as required by Sec. 63.1367(d).
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping and reporting provisions in Sec. 63.1364(i), 
Sec. 63.1365(h), and Sec. 63.1367(d) that are applicable to each 
emission point in the emissions average will be implemented beginning 
on the date of compliance.
    (2) The Implementation Plan shall demonstrate that the emissions 
from the emission points proposed to be included in the average will 
not result in greater hazard or, at the option of the operating permit 
authority, greater risk to human health or the environment than if the 
emission points were controlled according to the provisions in 
Sec. 63.1362(b) through (d).
    (i) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the operating permit authority.
    (A) The Administrator may require an owner or operator to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (B) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use or any other technically sound information or 
methods.
    (ii) An Implementation Plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
Implementation Plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or 
the environment than would result if the emission points were 
controlled according to Sec. 63.1362(b) through (d).
    (iii) A hazard or risk equivalency demonstration must satisfy the 
requirements specified in paragraphs (f)(2)(iii)(A) through (C) of this 
section.
    (A) Be a quantitative, comparative chemical hazard or risk 
assessment;

[[Page 60599]]

    (B) Account for differences between averaging and non-averaging 
options in chemical hazard or risk to human health or the environment; 
and
    (C) Meet any requirements set by the Administrator for such 
demonstrations.
    (3) Records as specified in paragraphs (a), (b) and (d) of this 
section.
    (4) A calculation of the debits and credits as specified in 
Sec. 63.1364(i) for the last quarter and the prior four quarters.
    (g) The owner or operator of an affected source subject to the 
requirements in Sec. 63.1362(g) shall retain the records identified in 
paragraphs (g)(1) through (4) of this section as specified in paragraph 
(a) of this section.
    (1) Monitoring data required by Sec. 63.1362(g)(2) or (3) 
indicating a leak was detected, and if demonstrated not to be a leak, 
the basis for that determination.
    (2) Records of any leaks detected by procedures subject to 
Sec. 63.1362(g)(3)(ii) and the date the leak was discovered.
    (3) The dates of efforts to repair leaks.
    (4) The method or procedure used to confirm repair of a leak and 
the date repair was confirmed.


Sec. 63.1367  Reporting requirements.

    (a) The owner or operator of an affected source that elects to 
comply with the emission limit or emission reduction requirements for 
process vents, storage tanks, and waste management units, shall comply 
with the reporting requirements of applicable paragraphs of Secs. 63.9 
and 63.10 of subpart A of this part, as specified in the General 
Provisions applicability table.
    (1) The Notification of Compliance Status report required under 
Sec. 63.9(h) shall be submitted within 150 calendar days of the 
compliance date and shall include the information specified in 
paragraphs (a)(1)(i) through (iv) of this section.
    (i) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP emissions 
from applicable sources.
    (ii) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, or calculations used to 
demonstrate compliance. For performance tests, results should include 
descriptions of sampling and analysis procedures and quality assurance 
procedures.
    (iii) Descriptions of monitoring devices, monitoring frequencies, 
and the values of monitored parameters established during the initial 
compliance determinations, including data and calculations to support 
the levels established.
    (iv) For fabric filters that are monitored with bag leak detectors, 
descriptions of procedures for the proper operation and maintenance of 
the fabric filters and corrective actions to be taken when the 
particulate concentration exceeds the standard and activates the alarm.
    (2) The Precompliance report shall be submitted 12 months prior to 
the compliance date of the standard. For new sources, the Precompliance 
report shall be submitted to the Administrator with the application for 
approval of construction or reconstruction. The Administrator shall 
have 60 days to approve or disapprove the plan. The plan shall be 
considered approved if the Administrator either approves the plan in 
writing, or fails to disapprove the plan in writing. The 60 day period 
shall begin when the Administrator receives the request. If the request 
is denied, the owner or operator must still be in compliance with the 
standard by the compliance date. The Precompliance report shall include 
the information specified in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) Requests for approval to use alternative monitoring parameters 
according to the procedures specified in Sec. 63.8(f) of subpart A of 
this part or requests to set monitoring parameters according to 
Sec. 63.1365(b)(2)(iii).
    (ii) Descriptions of how the control devices subject to 
Sec. 63.1365(a)(1) and (b)(1) will be checked to verify that they are 
operating as designed.
    (iii) A description of test conditions and limits of operation for 
control devices tested under normal conditions, and the corresponding 
monitoring parameter values.
    (b) Quarterly reports. The owner or operator shall submit to the 
Administrator, as part of the quarterly excess emissions and continuous 
monitoring system performance report and summary report required by 
Sec. 63.10(e)(3) of subpart A of this part, the recorded information 
specified in paragraphs (b)(1) though (3) of this section.
    (1) Reports of monitoring data, including 15-minute monitoring 
values, daily average values of monitored parameters for all operating 
days when the average values were outside the ranges established in the 
Notification of Compliance Status or operating permit, and records of 
all alarms from the bag leak detection systems.
    (2) Reports of the duration of periods when monitoring data are not 
collected for each excursion caused by insufficient monitoring data. An 
excursion means either of the two cases listed in paragraph (b)(2)(i) 
or (ii) of this section. For a control device where multiple parameters 
are monitored, if one or more of the parameters meets the excursion 
criteria in paragraph (b)(2)(i) or (ii) of this section, this is 
considered a single excursion for the control device.
    (i) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (a)(2)(iii) of 
this section, for at least 75 percent of the operating hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour 
of data, as used in paragraphs (b)(2)(i) and (ii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour.
    (3) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G of this part, is made that causes the emission rate from a de 
minimis emission point to become a process vent with an emission rate 
of 0.45 kg/yr (1 lb/yr) or greater, or a change is made in any of the 
information submitted in the Notification of Compliance Report, the 
owner or operator shall submit a report within 180 calendar days after 
the process change. The report may be submitted as part of the next 
summary report required under Sec. 63.10(e)(3) of subpart A of this 
part. The report shall include:
    (i) A description of the process change;
    (ii) The results of the recalculation of the emission rate;
    (iii) Revisions to any of the information reported in the original 
Notification of Compliance Status under Sec. 63.1367(a)(1); and
    (iv) Information required by the Notification of Compliance Status 
under Sec. 63.1367(a)(1) for changes involving the addition of 
processes or equipment.
    (c) Equipment leaks. The owner or operator of an affected source 
subject to the standards in Sec. 63.1362(e), shall implement the 
reporting requirements specified in Sec. 63.182 of this part. Copies of 
all reports shall be retained as records for a period of 5 years, in 
accordance with the requirements of Sec. 63.10(b)(1) of subpart A of 
this part.
    (d) Emissions averaging. An owner or operator of an affected source 
that chooses to comply with the requirements of Sec. 63.1362(k) shall 
submit all information as specified in Sec. 63.1366(f) for all emission 
points included in the emissions average. The

[[Page 60600]]

owner or operator shall also submit to the Administrator all 
information specified in paragraph (b) of this section for each 
emission point included in the emissions average.
    (1) The reports shall also include the information listed in 
paragraphs (c)(1)(i) through (iv) of this section:
    (i) Any changes of the processes, storage tanks, or waste 
management unit included in the average.
    (ii) The calculation of the debits and credits for the reporting 
period.
    (iii) Changes to the Implementation Plan which affect the 
calculation methodology of uncontrolled or controlled emissions or the 
hazard or risk equivalency determination.
    (iv) Any changes to the parameters monitored according to 
Sec. 63.1365(h).
    (2) Every 4th quarter report shall include the results according to 
Sec. 63.1366(f)(4) to demonstrate the emissions averaging provisions of 
Sec. 63.1362(k), Sec. 63.1364(i), Sec. 63.1365(h), and Sec. 63.1366(f) 
are satisfied.
    (e) Heat exchange systems. If an owner or operator of an affected 
source invokes the delay of repair provisions for a heat exchange 
system as specified in Sec. 63.1362(g)(5), the information in 
paragraphs (e) (1) through (5) of this section shall be submitted in 
the next excess emissions report required in paragraph (b) of this 
section. If the leak remains unrepaired, the information shall also be 
submitted in each subsequent report, until repair of the leak is 
reported.
    (1) The presence of the leak and the date the leak was detected.
    (2) Whether or not the leak has been repaired.
    (3) The reason(s) for delay of repair. If delay of repair is 
invoked due to the reasons described in Sec. 63.104(e)(2) of subpart F 
of this part, documentation of emissions estimates shall also be 
submitted.
    (4) If the leak remains unrepaired, the expected date of repair.
    (5) If the leak is repaired, the date the leak was successfully 
repaired.
    (f) An owner or operator who submits an operating permit 
application instead of an Implementation plan shall submit the 
information specified in paragraphs (e) (1) through (3) of this section 
with the operating permit.
    (1) The information specified in Sec. 63.1366(f) for emission 
points included in the emissions average;
    (2) The information specified in Sec. 63.9(h) of subpart A of this 
part, as applicable; and
    (3) The information specified in paragraph (a)(2) of this section, 
as applicable.


Sec. 63.1368  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(l) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator 
and not transferred to a State.
    (b) [Reserved]

                    Table 1 to Subpart MMM.--General Provisions Applicability to Subpart MMM                    
----------------------------------------------------------------------------------------------------------------
       Reference to subpart A          Applies to subpart MMM                        Comment                    
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)....................  Yes.....................  Additional terms are defined in Sec.  63.1361.  
Sec.  63.1(a)(2)-(3)................  Yes.                                                                      
Sec.  63.1(a)(4)....................  Yes.....................  Subpart MMM (this table) specifies applicability
                                                                 of each paragraph in subpart A to subpart MMM. 
Sec.  63.1(a)(5)....................  N/A.....................  Reserved.                                       
Sec.  63.1(a)(6)-(7)................  Yes.                                                                      
Sec.  63.1(a)(8)....................  No......................  Discusses State programs.                       
Sec.  63.1(a)(9)....................  N/A.....................  Reserved.                                       
Sec.  63.1(a)(10)-(14)..............  Yes.                                                                      
Sec.  63.1(b)(1)....................  No......................  Sec.  63.1360 specifies applicability.          
Sec.  63.1(b)(2)-(3)................  Yes.                                                                      
Sec.  63.1(c)(1)....................  Yes.....................  Subpart MMM (this table) specifies the          
                                                                 applicability of each paragraph in subpart A to
                                                                 sources subject to subpart MMM.                
Sec.  63.1(c)(2)....................  No......................  Area sources are not subject to subpart MMM.    
Sec.  63.1(c)(3)....................  N/A.....................  Reserved.                                       
Sec.  63.1(c)(4)-(5)................  Yes.                                                                      
Sec.  63.1(d).......................  N/A.....................  Reserved.                                       
Sec.  63.1(e).......................  Yes.                                                                      
Sec.  63.2..........................  Yes.....................  Additional terms are defined in Sec.  63.1361;  
                                                                 when overlap between subparts A and MMM occurs,
                                                                 subpart MMM takes precedence.                  
Sec.  63.3..........................  Yes.....................  Other units used in subpart MMM are defined in  
                                                                 that subpart.                                  
Sec.  63.4(a)(1)-(3)................  Yes.                                                                      
Sec.  63.4(a)(4)....................  N/A.....................  Reserved.                                       
Sec.  63.4(a)(5)-(c)................  Yes.                                                                      
Sec.  63.5(a).......................  Yes.....................  Except replace the terms ``source'' and         
                                                                 ``stationary source'' in Sec.  63.5(a)(1) of   
                                                                 subpart A with ``affected source''.            
Sec.  63.5(b)(1)....................  Yes.                                                                      
Sec.  63.5(b)(2)....................  N/A.....................  Reserved.                                       
Sec.  63.5(b)(3)-(5)................  Yes.                                                                      
Sec.  63.5(b)(6)....................  No......................  Sec.  63.1360(g) specifies requirements for     
                                                                 determining applicability of added PAI         
                                                                 equipment.                                     
Sec.  63.5(c).......................  N/A.....................  Reserved.                                       
Sec.  63.5(d)-(e)...................  Yes.                                                                      
Sec.  63.5(f)(1)....................  Yes.....................  Except replace ``source'' in Sec.  63.5(f)(1) of
                                                                 subpart A with ``affected source''.            
Sec.  63.5(f)(2)....................  Yes.                                                                      
Sec.  63.6(a).......................  Yes.                                                                      
Sec.  63.6(b)(1)-(2)................  No......................  Sec.  63.1363 specifies compliance dates.       
Sec.  63.6(b)(3)-(4)................  Yes.                                                                      
Sec.  63.6(b)(5)....................  Yes.                                                                      
Sec.  63.6(b)(6)....................  N/A.....................  Reserved.                                       
Sec.  63.6(b)(7)....................  Yes.                                                                      

[[Page 60601]]

                                                                                                                
Sec.  63.6(c)(1)-(2)................  Yes.....................  Except replace ``source'' in Sec.  63.6(c)(1)-  
                                                                 (2) of subpart A with ``affected source''.     
Sec.  63.6(c)(3)-(4)................  N/A.....................  Reserved.                                       
Sec.  63.6(c)(5)....................  Yes.                                                                      
Sec.  63.6(d).......................  N/A.....................  Reserved.                                       
Sec.  63.6(e).......................  Yes.....................  Except Sec.  63.1360 specifies that the         
                                                                 standards in subpart MMM apply during startup  
                                                                 and shutdown for batch processes; therefore,   
                                                                 these activities would not be covered in the   
                                                                 startup, shutdown, and malfunction plan.       
Sec.  63.6(f).......................  Yes.....................  Except Sec.  63.1360 specifies that the         
                                                                 standards in subpart MMM also apply during     
                                                                 startup and shutdown for batch processes.      
Sec.  63.6(g).......................  Yes.....................  An alternative standard has been proposed;      
                                                                 however, affected sources will have the        
                                                                 opportunity to demonstrate other alternatives  
                                                                 to the Administrator.                          
Sec.  63.6(h).......................  No......................  Subpart MMM does not contain any opacity or     
                                                                 visible emissions standards.                   
Sec.  63.6(i)(1)....................  Yes.                                                                      
Sec.  63.6(i)(2)....................  Yes.....................  Except replace ``source'' in Sec.  63.6(2)(i)   
                                                                 and (ii) of subpart A with ``affected source.''
Sec.  63.6(i)(3)-(14)...............  Yes.                                                                      
Sec.  63.6(i)(15)...................  N/A.....................  Reserved.                                       
Sec.  63.6(i)(16)...................  Yes.                                                                      
Sec.  63.6(j).......................  Yes.                                                                      
Sec.  63.7(a)(1)....................  Yes.                                                                      
Sec.  63.7(a)(2)(i)-(vi)............  Yes.....................  Sec.  63.1367 specifies that test results must  
                                                                 be submitted in the Notification of Compliance 
                                                                 Status due 150 days after the compliance date. 
Sec.  63.7(a)(2)(vii)-(viii)........  N/A.....................  Reserved.                                       
Sec.  63.7(a)(2)(ix)-(c)............  Yes.                                                                      
Sec.  63.7(d).......................  Yes.....................  Except replace ``source'' in Sec.  63.7(d) of   
                                                                 subpart A with ``affected source.''            
Sec.  63.7(e)(1)....................  Yes.....................  Sec.  63.1364 contains test methods specific to 
                                                                 PAI sources.                                   
Sec.  63.7(e)(2)....................  Yes.                                                                      
Sec.  63.7(e)(3)....................  Yes.....................  Except Sec.  63.1364 specifies less than 3 runs 
                                                                 for certain tests.                             
Sec.  63.7(e)(4)....................  Yes.                                                                      
Sec.  63.7(f).......................  Yes.                                                                      
Sec.  63.7(g)(1)....................  Yes.....................  Except Sec.  63.1367(a) specifies that the      
                                                                 results of the performance test be submitted   
                                                                 with the Notification of Compliance Status     
                                                                 report.                                        
Sec.  63.7(g)(2)....................  N/A.....................  Reserved.                                       
Sec.  63.7(g)(3)....................  Yes.                                                                      
Sec.  63.7(h).......................  Yes.                                                                      
Sec.  63.8(a)(1)-(2)................  Yes.                                                                      
Sec.  63.8(a)(3)....................  N/A.....................  Reserved.                                       
Sec.  63.8(a)(4)....................  Yes.                                                                      
Sec.  63.8(b)(1)....................  Yes.                                                                      
Sec.  63.8(b)(2)....................  No......................  Sec.  63.1365 specifies CMS requirements.       
Sec.  63.8(b)(3)-(c)(3).............  Yes.                                                                      
Sec.  63.8(c)(4)....................  No......................  Sec.  63.1365 specifies monitoring frequencies. 
Sec.  63.8(c)(5)-(8)................  No.                                                                       
Sec.  63.8(d)-(f)(3)................  Yes.                                                                      
Sec.  63.8(f)(4)....................  Yes.....................  Except Sec.  63.1367(b) specifies that requests 
                                                                 may also be included in the Precompliance      
                                                                 report.                                        
Sec.  63.8(f)(5)....................  Yes.                                                                      
Sec.  63.8(f)(6)....................  No......................  Subpart MMM does not require CEM's.             
Sec.  63.8(g).......................  No......................  Sec.  63.1365 specifies data reduction          
                                                                 procedures.                                    
Sec.  63.9(a)-(d)...................  Yes.                                                                      
Sec.  63.9(e).......................  No.                                                                       
Sec.  63.9(f).......................  No......................  Subpart MMM does not contain opacity and visible
                                                                 emission standards.                            
Sec.  63.9(g).......................  No.                                                                       
Sec.  63.9(h)(1)....................  Yes.                                                                      
 Sec.  63.9(h)(2)(i)................  Yes.....................  Except Sec.  63.1367(a)(1) specifies additional 
                                                                 information to include in the Notification of  
                                                                 Compliance Status report.                      
Sec.  63.9(h)(2)(ii)................  No......................  Sec.  63.1367 specifies the Notification of     
                                                                 Compliance Status report is to be submitted    
                                                                 within 150 days after the compliance date.     
Sec.  63.9(h)(3)....................  Yes.                                                                      
Sec.  63.9(h)(4)....................  N/A.....................  Reserved.                                       
Sec.  63.9(h)(5)-(6)................  Yes.                                                                      
Sec.  63.9(i)-(j)...................  Yes.                                                                      
Sec.  63.10(a)-(b)(1)...............  Yes.                                                                      
Sec.  63.10(b)(2)...................  No......................  Sec.  63.1366 specifies recordkeeping           
                                                                 requirements.                                  
Sec.  63.10(b)(3)...................  Yes.                                                                      
Sec.  63.10(c)......................  Yes.                                                                      
Sec.  63.10(d)(1)...................  Yes.                                                                      
Sec.  63.10(d)(2)...................  Yes.....................  Except Sec.  63.1367(a) specifies that the      
                                                                 results of the performance test be submitted   
                                                                 with the Notification of Compliance Status     
                                                                 report.                                        
Sec.  63.10(d)(3)...................  No......................  Subpart MMM does not include opacity and visible
                                                                 emission standards.                            
Sec.  63.10(d)(4)...................  Yes.                                                                      

[[Page 60602]]

                                                                                                                
Sec.  63.10(d)(5)...................  Yes.....................  Except that actions and reporting for batch     
                                                                 processes do not apply during startup and      
                                                                 shutdown.                                      
Sec.  63.10(e)(1)-(2)(i)............  Yes.                                                                      
Sec.  63.10(e)(2)(ii)...............  No......................  Subpart MMM does not include opacity monitoring 
                                                                 requirements.                                  
Sec.  63.10(e)(3)...................  Yes.                                                                      
Sec.  63.10(e)(4)...................  No......................  Subpart MMM does not include opacity monitoring 
                                                                 requirements.                                  
Sec.  63.10(f)......................  Yes.                                                                      
Sec.  63.11-Sec.  63.15.............  Yes.                                                                      
----------------------------------------------------------------------------------------------------------------


     Table 2 to Subpart MMM.--Proposed Standards for PAI Production     
------------------------------------------------------------------------
       Emission source            Applicability          Requirement    
------------------------------------------------------------------------
Process vents...............  Existing:                                 
                                  Processes having  90% for organic HAP 
                               uncontrolled          per process or 20 ppmv TOC.
                               emissions 0.15 Mg/yr.                           
                                  Processes having  94% for HCI per     
                               uncontrolled HCI      process.           
                               emissions 6.8 Mg/yr.                            
                                  Individual        98% gaseous organic 
                               process vents         HAP control per    
                               meeting TRE           vent or 20 ppmv TOC.    
                               gaseous organic HAP                      
                               emissions                                
                               controlled to less                       
                               than 90% as of                           
                               proposal date.                           
                              New:                                      
                                  Processes having  98% for gaseous     
                               uncontrolled          organic HAP per    
                               organic HAP           process or 20 ppmv TOC at  
                               eq>0.15 Mg/yr.        control device     
                                                     outlet.            
                                  Processes having  94% for HCl per     
                               uncontrolled HCl      process.           
                               emissions 6.8 Mg/yr and                         
                               <191 Mg/yr.                              
                                  Processes having  99.9% for HCl per   
                               uncontrolled HCl      process.           
                               emissions 191 Mg/yr.                            
Storage tanks...............  Existing: 0.113 Mg/yr                           
                               uncontrolled HAP                         
                               emissions:                               
                                   <76      41% control per     
                               m\3\ capacity.        tank.              
                                   0.45  98% control per tank
                               kg/yr uncontrolled    or 20   
                               HAP emissions.        ppmv TOC at control
                                                     device outlet.     
Wastewater a................  Existing: 10,000 ppmw        of total Table 9   
                               Table 9 compounds     compounds to <50   
                               at any flowrate or    ppmw (or other     
                               1,000      options).          
                               ppmw Table 9                             
                               compounds at 10 L/min.                         
                              New:                                      
                                  Same criteria     Reduce concentration
                               for existing          of total Table 9   
                               sources.              compounds to <50   
                                                     ppmw (or other     
                                                     options).          
                                  Total HAP load    99% reduction of    
                               in wastewater POD     Table 9 compounds  
                               streams 2,100 Mg/yr.                          
Equipment leaks.............  Subpart H...........  Subpart H with minor
                                                     changes.           
Bag dumps and product dryers  All.................  Particulate HAP     
                                                     concentration not  
                                                     to exceed 0.01 gr/ 
                                                     dscf.              
Heat exchange systems.......  Each heat exchange    Monitoring and leak 
                               system used to cool   repair program as  
                               process equipment     in HON.            
                               in PAI                                   
                               manufacturing                            
                               operations.                              
------------------------------------------------------------------------
a Table 9 is listed in the appendix to subpart G of 40 CFR part 63.     

[FR Doc. 97-29149 Filed 11-7-97; 8:45 am]
BILLING CODE 6560-50-P