[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Rules and Regulations]
[Pages 26078-26082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12579]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6011-6]
RIN 2060-AC19


National Emission Standards for Hazardous Air Pollutants for 
Source Categories; Organic Hazardous Air Pollutants From the Synthetic 
Organic Chemical Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule: Amendments.

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

SUMMARY: This action promulgates final amendments to the National 
Emission Standards for Hazardous Air Pollutants for Source Categories; 
Organic Hazardous Air Pollutants from the Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) by adding tetrahydrobenzaldehyde (THBA) 
and crotonaldehyde to, and removing acetaldol from, the list of 
chemical production processes. The amendment also establishes a 
separate compliance date of 3 years from final action for subparts F 
and G of part 63 and 1 year from final action for subpart H of part 63 
for the THBA and crotonaldehyde production processes. The EPA is also 
making a change to clarify compliance demonstration requirements for 
flexible operation units.
    This action implements section 112(d) of the Clean Air Act as 
amended in 1990 (the Act), which requires the Administrator to regulate 
emissions of hazardous air pollutants (HAP) listed in section 112(b) of 
the Act. The intended effect of this rule is to protect the public by 
requiring new and existing major sources to control emissions of HAP to 
the level reflecting application of the maximum achievable control 
technology. This action also amends the initial list of source 
categories of HAP required by section 112(c) of the Act by removing 
THBA production from the list of categories of major sources.

EFFECTIVE DATE: May 12, 1998.

FOR FURTHER INFORMATION CONTACT: For information concerning this action 
contact Mr. John Schaefer at (919) 541-0296, Organic Chemicals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities and Background Information

A. Regulated Entities

    The regulated category and entities affected by this action 
include:

------------------------------------------------------------------------
             Category                        Regulated entities         
------------------------------------------------------------------------
Industry..........................  Facilities that produce             
                                     tetrahydrobenzaldehyde; facilities 
                                     that produce crotonaldehyde.       
                                    Synthetic organic chemical          
                                     manufacturing industry (SOCMI)     
                                     units, e.g., producers of benzene, 
                                     toluene, or any other chemical     
                                     listed in Table 1 of 40 CFR part   
                                     63, subpart F.                     
------------------------------------------------------------------------

    This table is not intended to be exhaustive but, rather, provides a 
guide for readers regarding entities likely to be interested in the 
revisions to the regulation affected by this action. Entities 
potentially regulated by the HON are those which produce as primary 
intended products any of the chemicals listed in table 1 of 40 CFR part 
63, subpart F or facilities producing THBA or crotonaldehyde and that 
are located at facilities that are major sources as defined in section 
112 of the Clean Air Act (CAA). To determine whether your facility is 
regulated by this action, you should carefully examine all of the 
applicability criteria in 40 CFR 63.100. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    With today's action, EPA is making production of THBA and 
crotonaldehyde subject to subparts F, G, and H of 40 CFR Part 63. 
Subparts F, G, and H of 40 CFR Part 63 establish National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for the Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) (57 FR 62607). This 
rule is commonly referred to as the hazardous organic NESHAP or the 
HON. The HON rule applies to SOCMI facilities located at major sources 
and affects approximately 310 facilities nationwide. These SOCMI 
facilities include those that produce one or more of the synthetic 
organic chemicals listed in Table 1 of Subpart F and that either (1) 
use an organic HAP as a reactant or (2) produce an organic HAP in the 
process. Emission points within these facilities affected by the rule 
are process vents, storage vessels, transfer operations, equipment 
leaks, and wastewater collection systems. Processes producing THBA were 
not included on the list of SOCMI processes to be regulated under the 
HON. Crotonaldehyde production was removed from the list of SOCMI 
processes to be regulated by the HON when the rule was issued in April 
1994. Crotonaldehyde production was deleted because available 
information indicated that this chemical was no longer produced in the 
United States. Because EPA has since learned that crotonaldehyde is 
still produced in the United States, in today's action EPA is adding 
crotonaldehyde production to the HON.

II. Summary of Changes to Rule

A. Addition of THBA Production

    Tetrahydrobenzaldehyde production was included as a source of HAP 
emissions under the source category of butadiene dimers production on 
the initial list of source categories selected for regulation under 
Section 112(c) of the Act published on July 16, 1992 (57 FR 31576) and 
was scheduled for control by November 1997 on the section 112(e) source 
category schedule (58 FR 63941). Although the initial source category 
list clearly identified THBA production as being included in the 
butadiene dimers production source category, the butadiene dimers name 
was a misnomer. Consequently, the butadiene dimers production source 
category was changed to tetrahydrobenzaldehyde production by a source 
category list maintenance action finalized on June 4, 1996 (61 FR 
28197). Today's action will add THBA production to the list of HON-
affected chemicals.
    THBA is produced by reacting 1,3-butadiene and acrolein together. 
Both 1,3-butadiene and acrolein are HAPs

[[Page 26079]]

and are emitted during the production process. At this time, only one 
facility in the nation manufactures THBA, and it is not expected that 
additional facilities will begin producing THBA. The THBA production 
unit is co-located with other SOCMI production units to which the HON 
is applicable. In addition, the emissions points and air pollution 
control measures applied are identical to those encountered in these 
co-located SOCMI units.
    THBA is used in the manufacture of paint additives. The product is 
similar to other SOCMI products on the list of HON-affected chemicals 
in that it is an intermediate organic chemical used in the manufacture 
of other organic chemicals. The production of THBA was not included in 
the HON initially, because EPA was unaware of THBA's similarities to 
other SOCMI chemicals. Had EPA been aware of these similarities THBA 
would have been included in the list of affected HON chemicals in the 
initial HON rulemaking and subject to the requirements in the HON.
    The EPA considers THBA production to be a batch process for 
purposes of equipment leaks since, the process operates over only a 
short operating cycle before experiencing significant fouling 
(plugging) in the reaction system, requiring the system to be shutdown 
and the equipment cleaned. Due to the frequent shutdown and equipment 
cleaning cycle, the process is classified as a batch process for 
purposes of subpart H.
    The effect of today's action is twofold. First, it subjects 
facilities manufacturing THBA to the provisions of 40 CFR part 63, 
subparts F, G, and H. Although an assessment of the impacts 
(environmental, cost, economic, or other) associated with this action 
has not been conducted, the EPA believes that the impact on the THBA 
production unit will be no more or less severe than those imposed on 
the other SOCMI production processes already affected. Second, it 
overrides the need to write a separate regulation for the THBA 
production source category. Consequently, the THBA production source 
category is being removed from the list of HAP-emitting source 
categories published pursuant to Section 112(c) of the Act because it 
is being subsumed under the HON rule. The EPA does not believe that the 
development of a separate rule for this source category is justified or 
would result in a different control level than that required under the 
HON. Today's action is consistent with the source category schedule, 
which requires regulation of THBA production (originally listed as 
butadiene dimers production) by November 1997.
    With respect to the issue of whether the addition of the THBA 
production source category to the population of SOCMI sources regulated 
by the HON would alter the maximum achievable control technology (MACT) 
determinations made for the HON rule, it has been concluded that since 
the emission points and air pollution control measures at the only 
facility known to manufacture THBA are similar to those at other SOCMI 
sources, the HON MACT floor determination would be unaffected.
    This action establishes compliance dates for THBA production units 
of 1 year from the date this action is published for subpart H of this 
part and 3 years from the date this action is published for subparts F 
and G of this part. The compliance date of three years from the date of 
this action for compliance with subparts F and G of this part is to 
allow time for retrofitting of controls and evaluation of control 
requirements in the one known facility. A facility has one year from 
today for compliance with subpart H of this part. One year is believed 
to provide sufficient time to establish the equipment leak monitoring 
program and recordkeeping system. These time periods are consistent 
with the compliance times provided for sources originally subject to 
the HON rule.

B. Addition of Crotonaldehyde Production and Removal of Acetaldol 
Production

    Today's action adds crotonaldehyde production to the chemical 
production processes subject to the HON and establishes a new 
compliance date for crotonaldehyde chemical manufacturing process 
units. In addition, today's action removes acetaldol production 
processes from the applicability of the HON by removing this chemical 
from table 1 of subpart F.
    In the April 22, 1994 rule, EPA made several changes to the 
proposed lists of chemical products to correct errors and to remove 
chemicals no longer commercially produced in the United States. One of 
the chemical products removed from the list of SOCMI chemicals in the 
April 1994 notice, based upon the belief that it was no longer 
commercially produced in the United States, was crotonaldehyde. Since 
April 1994, EPA has learned that this removal was an error because 
crotonaldehyde is produced by at least one facility in the United 
States. The EPA has also learned that acetaldol, which was retained on 
table 1 of subpart F in the April 1994 rule, is an unstable 
intermediate which is used to produce either crotonaldehyde or 1,3-
butylene glycol, and is therefore not itself a product appropriate for 
inclusion on table 1 of subpart F. Based on the January 17, 1997 
amendments to the HON (62 FR 2721), EPA believes that acetaldol 
production operations are more appropriately considered unit operations 
part of crotonaldehyde or 1,3-butylene glycol chemical manufacturing 
process units. Therefore, the EPA is revising table 1 of subpart F by 
removing acetaldol. Crotonaldehyde production is being added to subpart 
F as a regulated process. No action is needed for 1,3-butylene glycol 
because that chemical is already listed in table 1 of subpart F.
    This action creates a new compliance date for crotonaldehyde 
chemical production process units because of the confusion caused by 
listing a nonisolated intermediate chemical product instead of the 
correct final product. The new compliance date is 3 years from today 
for compliance with subparts F and G of this part to allow time for 
retrofitting of controls and evaluation of control requirements in the 
one known facility. A compliance date of 1 year from today is being 
used for compliance with subpart H of this part. One year is believed 
to provide sufficient time to establish the equipment leak monitoring 
program and recordkeeping system. These time periods are consistent 
with the compliance times provided for sources originally subject to 
the HON rule.

C. Clarification of Compliance Demonstration Requirements for Flexible 
Operation Units

    In today's action, EPA is adding a new paragraph (b)(6) to 
Sec. 63.103 of subpart F to clarify the compliance demonstration 
requirements for flexible operation units. This amendment revises the 
rule to clarify that performance tests and monitoring parameter ranges 
are to be based on operating conditions present during production of 
the primary product. The April 1994 rule was not clear on this point 
due to a drafting oversight. This change is being added because some 
owners and operators have expressed concerns that the rule could be 
interpreted as requiring installation of additional controls for 
periods when the flexible operation unit is producing a product other 
than the primary product. It is not the EPA's intent that the rule be 
interpreted in this manner. Therefore, for the purposes of compliance 
with this rule, additional controls are not required when producing 
products other than the primary product. The EPA has also

[[Page 26080]]

recently learned that there are questions whether the rule requires 
owners or operators to develop parameter monitoring ranges appropriate 
for each product produced by a flexible operation unit or to develop 
parameter monitoring ranges for operating conditions during production 
of the primary product of the flexible operation unit. The need for 
clarification of these aspects of compliance demonstration became 
apparent as facilities were completing compliance planning and 
demonstration activities for the April 1997 compliance deadline. This 
revision will make the rule consistent with the assumptions that EPA 
used in deriving the cost (including the recordkeeping and reporting 
burden) estimates used in support of the April 1994 rule. Based on 
conversations with several industry representatives, EPA believes that 
today's action is generally consistent with industry's understanding of 
the rule. Today's clarification is not expected to increase the cost or 
burden of demonstrating compliance with the HON.

D. Public Comment on the August 22, 1997 Proposal

    Three comment letters were received on the August 22, 1997 Federal 
Register document that proposed changes to this rule. All comments 
received were from industry representatives. While the comments 
received were supportive of the proposed amendments they expressed 
concern with the applicability of the rule and clarity of the proposed 
changes. The EPA has considered these comments and has made one minor 
change to the final rule, and added additional language to the preamble 
to clarify the compliance demonstration procedures for flexible 
operation units. The response to these comments may be obtained over 
the Internet at http://www.epa.gov/ttn or from the EPA's Technology 
Transfer Network (TTN). The TTN is a network of electronic bulletin 
boards operated by the Office of Air Quality Planning and Standards. 
The service is free, except for the cost of a phone call. Dial (919) 
541-5742 for up to a 14,400 bits per second modem. Select TTN Bulletin 
Board: Clean Air Act Amendments and select menu item Recently Signed 
Rules. If more information on TTN is needed, contact the systems 
operator at (919) 541-5384.

III. Administrative

A. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in the rule under the 
Provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0282. An Information Collection 
Request (ICR) document was prepared by the EPA (ICR No. 1414.03) and a 
copy may be obtained from Sandy Farmer, OPPE Regulatory Information 
Division; U.S. Environmental Protection Agency (2137); 401 M St., SW.; 
Washington DC 20460 or by calling (202) 260-2740.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    Today's action neither adds new respondents nor is it anticipated 
to increase the number of responses. The increase in the number of 
effected processing units is less than \1/2\ percent. Since this action 
does not substantially change the information collection, the ICR has 
not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether a 
regulatory action is ``significant'' and, therefore, subject to OMB 
review and the requirements of the Executive Order. The Order defines 
``significant'' regulatory action as one that is likely to lead to a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The HON rule promulgated on April 22, 1994 was considered 
``significant'' under Executive Order 12866, and a regulatory impact 
analysis was prepared. The amendments issued today apply to one 
additional process unit at two facilities. These facilities are already 
well controlled. It is not certain what additional control will be 
required as a result of this action. Regardless of the final assessment 
of additional controls at these two facilities, the EPA believes that 
application of the HON to these facilities will have a negligible 
impact. The clarification of the compliance demonstration requirements 
for flexible operation units is believed to be consistent with industry 
understanding of the rule, and is not believed to create additional 
impacts. For these reasons, the regulatory action is considered ``not 
significant.''

C. Regulatory Flexibility

    The EPA has determined it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. The EPA has 
also determined that this rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
government jurisdictions. See the April 22, 1994 Federal Register (59 
FR 19449) for the basis for this determination. This amendment to the 
rule will not have a significant impact on a substantial number of 
small entities. This rule will apply the requirements of the HON rule 
to an additional process unit at two facilities and only imposes 
negligible recordkeeping costs on those facilities. The additional 
recordkeeping costs are not expected to create a burden for either of 
the regulated entities. Furthermore, neither of these regulated 
entities is a small business. The amendment to Sec. 63.103(b)(6) is a 
clarification of an existing requirement, and this clarification is not 
expected to increase control requirements or burden of the rule.

D. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the House of Representatives, 
and the Comptroller General of the United States prior to publication 
of the rule in the Federal Register. This rule is not a major rule as 
defined by 5 U.S.C. 804(2).

E. Unfunded Mandates Reform Act

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), the EPA must prepare a budgetary impact

[[Page 26081]]

statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate or to the private sector, of $100 
million or more. Under Section 205, the EPA must select the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires the EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    The EPA has determined that today's action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate or 
to the private sector. Therefore, the requirements of the Unfunded 
Mandates Act do not apply to this action.

List of Subjects in 40 CFR Part 63

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

    Dated: May 1, 1998.
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 amended as follows:

PART 63--[AMENDED]

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

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

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

    2. Section 63.100 is amended as follows:
    a. By revising paragraphs (b)(1), (d) introductory text, (d)(3) 
introductory text, the first sentence of paragraph (g)(2)(iii), the 
first sentence of paragraph (h)(2)(iv), the first sentence of paragraph 
(i)(2)(iv), (k) introductory text, (l)(1)(ii), (l)(2)(ii);
    b. By adding paragraphs (b)(1)(i), (b)(1)(ii), (d)(4), 
(g)(2)(iii)(A), (g)(2)(iii)(B), (h)(2)(iv)(A), (h)(2)(iv)(B), 
(i)(2)(iv)(A), (i)(2)(iv)(B), and (p).
    The revisions and additions read as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (b) * * *
    (1) Manufacture as a primary product one or more of the chemicals 
listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
    (i) One or more of the chemicals listed in table 1 of this subpart; 
or
    (ii) One or more of the chemicals listed in paragraphs 
(b)(1)(ii)(A) or (b)(1)(ii)(B) of this section:
    (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
    (B) Crotonaldehyde (CAS Number 123-73-9).
* * * * *
    (d) The primary product of a chemical manufacturing process unit 
shall be determined according to the procedures specified in paragraphs 
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
* * * * *
    (3) For chemical manufacturing process units that are designed and 
operated as flexible operation units producing one or more chemicals 
listed in table 1 of this subpart, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994 and for new sources based on 
the expected utilization for the first five years after initial start-
up.
* * * * *
    (4) Notwithstanding the provisions of paragraph (d)(3) of this 
section, for chemical manufacturing process units that are designed and 
operated as flexible operation units producing a chemical listed in 
paragraph (b)(1)(ii) of this section, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following May 12, 1998 and for new sources based on the 
expected utilization for the first five years after initial start-up.
    (i) The predominant use of the flexible operation unit shall be 
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of 
this section. If the predominant use is to produce one of the chemicals 
listed in paragraph (b)(1)(ii) of this section, then the flexible 
operation unit shall be subject to the provisions of this subpart and 
subparts G and H of this part.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
* * * * *
    (g) * * *
    (2) * * *
    (iii) If the predominant use of a storage vessel varies from year 
to year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (g)(2)(iii)(A) and 
(g)(2)(iii)(B) of this section, as applicable. * * *
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during 
the 12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section 
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, 
the applicability shall be based on the utilization that occurred 
during the 12-month period preceding May 12, 1998.
* * * * *
    (h) * * *
    (2) * * *
    (iv) If the predominant use of a loading arm or loading hose varies 
from year to year, then the applicability of this subpart shall be 
determined according to the criteria in paragraphs (h)(2)(iv)(A) and 
(h)(2)(iv)(B) of this section, as applicable. * * *
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during 
the 12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section 
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, 
the applicability shall be based on the utilization that occurred 
during the year preceding May 12, 1998.
* * * * *
    (i) * * *
    (2) * * *
    (iv) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (i)(2)(iv)(A) and 
(i)(2)(iv)(B), as applicable. * * *
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this

[[Page 26082]]

section, the applicability shall be based on the utilization that 
occurred during the year preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section 
and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, 
the applicability shall be based on the utilization that occurred 
during the year preceding May 12, 1998.
* * * * *
    (k) Except as provided in paragraphs (l), (m), and (p) of this 
section, sources subject to subparts F, G, or H of this part are 
required to achieve compliance on or before the dates specified in 
paragraphs (k)(1) through (k)(8) of this section.
* * * * *
    (l)(1) * * *
    (ii)(A) Such construction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart;
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section; 
and
* * * * *
    (2) * * *
    (ii)(A) Such reconstruction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart; and
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
* * * * *
    (p) Compliance dates for chemical manufacturing process units that 
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the 
provisions of paragraph (k) of this section, chemical manufacturing 
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2), 
and (b)(3) of this section shall be in compliance with this subpart and 
subparts G and H of this part by the dates specified in paragraphs 
(p)(1) and (p)(2) of this section, as applicable.
    (1) If the source consists only of chemical manufacturing process 
units that produce as a primary product one or more of the chemicals 
listed in paragraph (b)(1)(ii) of this section, new sources shall 
comply by the date specified in paragraph (p)(1)(i) of this section and 
existing sources shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (i) Upon initial start-up or May 12, 1998, whichever is later.
    (ii) This subpart and subpart G of this part by May 14, 2001, 
unless an extension has been granted by the Administrator as provided 
in Sec. 63.151(a)(6) or granted by the permitting authority as provided 
in Sec. 63.6(i) of subpart A of this part. When April 22, 1994 is 
referred to in this subpart and subpart G of this part, May 12, 1998 
shall be used as the applicable date for that provision. When December 
31, 1992 is referred to in this subpart and subpart G of this part, 
August 22, 1997 shall be used as the applicable date for that 
provision.
    (iii) Subpart H of this part by May 12, 1999, unless an extension 
has been granted by the Administrator as provided in Sec. 63.151(a)(6) 
or granted by the permitting authority as provided in Sec. 63.6(i) of 
subpart A of this part. When April 22, 1994 is referred to in subpart H 
of this part, May 12, 1998 shall be used as the applicable date for 
that provision. When December 31, 1992 is referred to in subpart H of 
this part, August 22, 1997 shall be used as the applicable date for 
that provision.
    (2) If the source consists of a combination of chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of 
this section, new chemical manufacturing process units that meet the 
criteria in paragraph (b)(1)(ii) of this section shall comply by the 
date specified in paragraph (p)(1)(i) of this section and existing 
chemical manufacturing process units producing crotonaldehyde and/or 
tetrahydrobenzaldehyde shall comply by the dates specified in 
paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.
    3. Section 63.103 is amended by adding paragraph (b)(6) to read as 
follows:


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

* * * * *
    (b) * * *
    (6) The owner or operator of a flexible operation unit shall 
conduct all required compliance demonstrations during production of the 
primary product. The owner or operator is not required to conduct 
compliance demonstrations for operating conditions during production of 
a product other than the primary product. Except as otherwise provided 
in this subpart or in subpart G or subpart H of this part, as 
applicable, the owner or operator shall operate each control device, 
recovery device, and/or recapture device that is required or used for 
compliance, and associated monitoring systems, without regard for 
whether the product that is being produced is the primary product or a 
different product. Except as otherwise provided in this subpart, 
subpart G and/or subpart H of this part, as applicable, operation of a 
control device, recapture device and/or recovery device required or 
used for compliance such that the daily average of monitored parameter 
values is outside the parameter range established pursuant to 
Sec. 63.152(b)(2), or such that the monitoring data show operation 
inconsistent with the monitoring plan established pursuant to 
Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv), shall constitute a 
violation of the required operating conditions.
* * * * *

Table 1 of Subpart F [Amended]

    4. Table 1 of subpart F is amended by removing the entry for 
acetaldol and its associated CAS number and group number.

[FR Doc. 98-12579 Filed 5-11-98; 8:45 am]
BILLING CODE 6560-50-P