[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53980-54014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25894]
[[Page 53979]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 9 and 63
National Emission Standards for Hazardous Air Pollutants for Flexible
Polyurethane Foam Production; Final Rule
Federal Register / Vol. 63, No. 194 / Wednesday, October 7, 1998 /
Rules and Regulations
[[Page 53980]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[FRL-6163-9]
RIN 2060-AE86
National Emission Standards for Hazardous Air Pollutants for
Flexible Polyurethane Foam Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing plantsites that
manufacture flexible polyurethane foam. These standards are estimated
to reduce HAP emissions from all existing sources of flexible
polyurethane foam manufacturing by over 12,500 Mg/yr. This represents a
70 percent reduction from baseline. This action also promulgates
amendments to 40 CFR part 9. 40 CFR part 9 is amended by revising the
tables to reflect OMB approvals under the Paperwork Reduction Act.
DATES: Effective date: October 7, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Office of the
Federal Register as of October 7, 1998.
Compliance dates: Existing sources--October 8, 2001. New sources--
at initial start-up.
ADDRESSES: Docket. Docket No. A-95-48, containing information
considered by the EPA in development of the promulgated standards, is
available for public inspection between 8:00 a.m. to 5:30 p.m., Monday
through Friday, at the following address in room M-1500, Waterside Mall
(ground floor): U.S. Environmental Protection Agency, 401 M Street
S.W., Washington, DC 20460, telephone number (202) 260-7548. A
reasonable fee may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For further information concerning
applicability and rule determinations, contact the appropriate State or
local agency representative. If no State or local representative is
available, contact the EPA Regional Office staff listed in the
Supplementary Information section of this preamble. For information
concerning the analyses performed in developing this rule, contact Mr.
David Svendsgaard, Organic Chemicals Group, Emission Standards Division
(MD-13), Office of Air Quality Planning and Standards, U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-2380, facsimile number (919) 541-3470, electronic mail address
``[email protected]''.
SUPPLEMENTARY INFORMATION: The initial notification contains general
facility information and a brief process discription.
Initial notification: Provide to EPA by February 4, 1999.
Notification of compliance status: Existing sources must provide
EPA a notification of compliance status by April 6, 2002. New sources
must provide EPA a notification of compliance status within the 180
days after initial start-up.
For further information concerning applicability and rule
determinations, contact the appropriate State or local agency
representative. If no State or local representative is available,
contact the following EPA Regional Office staff.
Director, Office of Environmental Stewardship, Attention: Air
Compliance Clerk, U.S. EPA Region I (SEA), JFK Federal Building,
Boston, MA 02203, (617) 565-3432
Umesh Dholakia, U.S. EPA Region II, 290 Broadway, New York, NY 10007-
1866, (212) 637-4023
Dianne Walker, U.S. EPA Region III (3AP11), 841 Chestnut Building,
Philadelphia, PA 19107, (215) 566-3297
Leonardo Ceron, U.S. EPA Region IV, Atlanta Federal Center, 61 Forsyth
Street, NE, Atlanta, GA 30303-3104, (404) 562-9129
Shaun Burke, U.S. EPA Region V (AE-17J), 77 West Jackson Street,
Chicago, IL 60604, (312) 353-5713
John Hepola, U.S. EPA Region VI, 1445 Ross Avenue, Suite 1200, Dallas,
TX 75202-2733, (214) 665-7220
Gary Schlicht, U.S. EPA Region VII, 726 Minnesota Avenue, Kansas City,
KS 66101, (913) 551-7097
Heather Rooney, U.S. EPA Region VIII, 999 18th Street, Suite 500,
Denver, CO 80202-2466, (303) 312-6971
Kenneth Bigos, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco,
CA 94105, (415) 744-1240
Andrea Wullenweber, U.S. EPA Region X, 1200 Sixth Avenue, OAQ-107,
Seattle, WA 98101-1128, (206) 553-8760
Regulated Entities
Entities regulated by this action are flexible polyurethane foam
production facilities. Typically, these entities are designated as SIC
3086. Regulated categories and entities include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry........................... Producers of slabstock, molded, and
rebond flexible polyurethane foam.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the 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 a facility is regulated by this promulgated action, examine the
applicability criteria in section 63.1290 of the rule. For questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Judicial Review
National emission standards for polyurethane foam production were
proposed in the Federal Register on December 27, 1996 (61 FR 68406).
Today's Federal Register action announces the EPA's final decision on
the rule. Under section 307(b)(1) of the Act, judicial review of the
final rule is available by filing a petition for review in the U.S.
Court of Appeals for the District of Columbia Circuit within 60 days of
today's publication of this final rule. Under section 307(b)(2) of the
Act, the requirements that are the subject of today's notice may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
The following outline is provided to aid in reading the preamble to
the final rule.
I. Summary of Considerations Made in Developing This Standard
A. Background and Purpose of the Regulation
B. Source of Authority
C . Stakeholder and Public Participation
II. Summary of Promulgated Standards
A. Standards for Molded and Rebond Flexible Polyurethane Foam
Production
B. Standards for Slabstock Flexible Polyurethane Foam Production
C. Standards for Diisocyanate Emissions from Slabstock Flexible
Polyurethane Foam Production
D. Standards for HAP ABA Emissions from Slabstock Flexible
Polyurethane Foam Production
E. Monitoring Requirements
F. Testing Requirements
G. Alternative Means of Emission Limitation
H. Applicability of General Provisions
I. Reporting Requirements
J. Recordkeeping Requirements
III. Summary of Impacts
A. Facilities Affected by These NESHAP
[[Page 53981]]
B. Air Impacts
C. Other Environmental Impacts
D. Energy Impacts
E. Cost Impacts
F. Economic Impacts
IV. Significant Comments and Changes to the Proposed Standards
A. Public Response to EPA Request for Comment
B. Other Rule Changes in Response to Public Comments
C. Other Changes to the Proposed Regulation
V. Administrative Requirements
A. Docket
B. Executive Order 12866
C. Applicability of Executive Order 13045
D. Paperwork Reduction Act
E. Regulatory Flexibility Act
F. Submission to Congress and the Comptroller General
G. Unfunded Mandates
H. Executive Order 12875: Enhancing Intergovernmental
Partnerships
I. Executive Order 13084: Consultation and Coordination With
Indian Tribal Governments
J. Clean Air Act
K. National Technology Transfer and Advancement Act
I. Summary of Considerations Made in Developing This Standard
A. Background and Purpose of the Regulation
The Clean Air Act was created in part ``to protect and enhance the
quality of the Nation's air resources so as to promote the public
health and welfare and the productive capacity of its population.''
[Clean Air Act, section 101(b)(1)] Section 112(b), as revised in 61 FR
30816 (June 18, 1996), lists 188 hazardous air pollutants (HAP)
believed to cause adverse health or environmental effects. Section
112(d) 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, pursuant to
section 112(c). Major sources are defined as those that emit or have
the potential to emit at least 10 tons per year of any single HAP or 25
tons per year of any combination of HAP.
On July 16, 1992 (57 FR 31576), the EPA published a list of
categories of sources slated for regulation. This list included the
flexible polyurethane foam production source category regulated by the
standards being promulgated today. 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 for promulgating these standards (58 FR 63941). Standards
for the flexible polyurethane foam production source category covered
by this rule were proposed on December 27, 1996 (61 FR 68406).
For the purpose of this rule, the EPA has separated the flexible
polyurethane foam production source category into three subcategories.
These subcategories are slabstock, molded, and rebond flexible
polyurethane foam production.
In the 1990 Amendments to the Clean Air Act, Congress specified
that each standard for major sources must require the maximum reduction
in emissions of HAP that the EPA determines is achievable, considering
cost, non-air quality health and environmental impacts, and energy
requirements. In essence, these Maximum Achievable Control Technology
(MACT) standards would ensure that all major sources of toxic air
pollutants 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 employ good control measures to limit
its emissions.
Available emission data, collected during the development of this
rule, shows that pollutants that are listed in section 112(b)(1) and
are emitted by flexible polyurethane foam production sources include
methylene chloride, 2,4-toluene diisocyanate, methyl chloroform,
methylene diphenyl diisocyanate, propylene oxide, diethanolamine,
methyl ethyl ketone, methanol, and toluene. Methylene chloride
comprises over 98 percent of the total HAP emissions from this
industry. Following is a summary of the potential health effects
associated with exposure to methylene chloride that will be reduced by
the standard.
The acute (short-term) effects of methylene chloride inhalation in
humans consist mainly of nervous system symptoms such as decreased
visual and auditory functions. These effects appear to be reversible
once exposure ceases. Short-term exposure to high concentrations of
methylene chloride also irritates the nose and throat. The effects of
chronic (long-term) exposure to methylene chloride in humans involve
the central nervous system, and include headaches, dizziness, nausea,
and memory loss. Animal studies indicate that inhalation of methylene
chloride affects the liver, kidney, and cardiovascular system.
Developmental or reproductive effects of methylene chloride have not
been reported in humans, but limited animal studies have reported
lowered fetal body weights in rats exposed to inhalation.
Human data are considered inadequate to prove cancer caused by
exposure to methylene chloride; animal studies have shown increases in
liver and lung cancer and benign mammary gland tumors following the
inhalation of methylene chloride. Methylene chloride is classified as
Group B2, probable human carcinogen of relatively low carcinogenic
potency.
As noted earlier, there are other HAP emitted by flexible
polyurethane foam production facilities. While the magnitude of
emissions of these pollutants is dwarfed by those of methylene
chloride, it is important to note that the EPA has not undertaken a
risk assessment of these facilities. Therefore, it is possible that
other HAP, such as diisocyanates, may also pose risks of concern. The
seriousness of risks remaining after imposition of the final MACT
standards will be examined at a later date, as provided for under
Section 112(f) of the Clean Air Act.
The Clean Air Act strategy avoids dependence on a detailed and
comprehensive risk assessment as a pre-requisite for controlling air
toxics. In addition, this is not a ``significant'' rule as defined by
Executive Order 12866, and a specific benefits analysis is not
required. Because of these issues, a detailed and intensive risk
assessment of potential effects from HAP emitted from flexible foam
production plants is not included in this rulemaking.
The effects of HAP vary in severity based on the level and length
of exposure and are influenced by source-specific characteristics such
as emission rates and local meteorological conditions. The extent and
degree to which the health effects may be experienced is dependent
upon: (1) the ambient concentrations observed in the area (e.g., as
influenced by emission rates, meteorological conditions, and terrain);
(2) the frequency and duration of exposures; (3) characteristics of the
exposed individuals (e.g., genetics, age, pre-existing health
conditions, and lifestyle), which vary significantly with the
population; and (4) pollutant specific characteristics (e.g., toxicity,
half-life in the environment, bioaccumulation, and persistence).
Due to the volatility and relatively low potential for
bioaccumulation of these pollutants, air emissions are not expected to
deposit on land or water and cause subsequent adverse health or
ecosystem effects.
The final standards give existing sources 3 years from the date of
promulgation to comply. Subject to certain limited exceptions, this is
the maximum amount of time allowed under the Clean Air Act. New sources
are required to comply with the standard upon initial startup. The EPA
[[Page 53982]]
believes these standards to be achievable for affected sources within
the time provided.
Included in the final rule are methods for determining initial
compliance, as well as monitoring, recordkeeping, and reporting
requirements. All of these components are necessary to ensure that
sources will comply with the standards both initially and over time.
However, the EPA has made every effort to simplify the requirements in
the rule.
Two of the HAP used and emitted by the flexible polyurethane foam
industry (2,4-toluene diisocyanate and propylene oxide) are subject to
the risk management program rule requirements under section 112(r) of
the 1990 Clean Air Act Amendments. The risk management program rule was
published in the Federal Register on June 20, 1996 (61 FR 31668).
Facilities handling a listed substance in quantities greater than a
threshold amount must comply with the risk management requirements by
June 21, 1999. The list of substances and threshold quantities were
published in the Federal Register on January 31, 1994 (59 FR 4478).
B. Source of Authority
The amended Clean Air Act requires the EPA to promulgate national
emission standards for sources of HAP. Section 112(d) provides that
these standards must reflect ``* * * the maximum degree of reduction in
emissions of the HAP * * * that the Administrator, taking into
consideration the cost of achieving such emission reduction, and any
nonair quality health and environmental impacts and energy
requirements, determines is achievable for new or existing sources in
the category or subcategory to which such emission standard applies. *
* *'' [42 U.S.C. 7412(d)(2)]. This level of control is referred to as
the maximum achievable control technology (MACT). The Clean Air Act
goes on to establish the least stringent level of control for MACT;
this level is termed the ``MACT floor.''
For new sources, the standards for a source category or subcategory
``shall not be less stringent than the emission control that is
achieved in practice by the best controlled similar source, as
determined by the Administrator'' [section 112(d)(3)]. Existing source
standards shall be no less stringent than the average emission
limitation achieved by the best performing 12 percent of the existing
sources for source categories and subcategories with 30 or more
sources, or the average emission limitation achieved by the best
performing 5 sources for sources or subcategories with fewer than 30
sources [section 112(d)(3)]. These two minimum levels of control define
the MACT floor for new and existing sources.
C. Stakeholder and Public Participation
Numerous representatives of the flexible polyurethane foam
production industry were consulted in the development of this standard.
Industry representatives have included trade associations and flexible
foam producers responding to Information Collection Requests. The EPA
also received input from representatives from State and Regional
environmental agencies. Representatives from other interested EPA
offices and programs participated in the regulatory development process
as members of the Work Group. The Work Group was involved in the
regulatory development process, and was given opportunities to review
and comment on the standards before proposal and promulgation.
Therefore, the EPA believes that the impact on other EPA offices and
programs has been adequately considered during the development of these
standards. Finally, industry representatives, regulatory authorities,
environmental groups, and the public as a whole had the opportunity to
comment on the proposed standards and to provide additional information
during the public comment period that followed proposal.
The standards were proposed in the Federal Register on December 27,
1996 (61 FR 68406). The preamble and Basis and Purpose Document for the
proposed standards described the rationale for the proposed standards.
Public comments were solicited at the time of proposal. To provide
interested individuals the opportunity for oral presentation of data,
views, or arguments concerning the proposed standards, a public hearing
was offered at proposal. However, the public did not request a hearing
and, therefore, one was not held. The public comment period was from
December 27, 1996 to February 25, 1997. A total of 12 comment letters
were received. Commenters included industry representatives and State
agencies. The comments were carefully considered, and changes were made
in the proposed standards when determined by the EPA to be appropriate.
A detailed discussion of these comments and responses can be found in
the Basis and Purpose Document for Final Standards, which is referenced
in Section V.A. of this preamble. The summary of comments and responses
in the Basis and Purpose Document for the Final Standards serves as the
basis for the revisions that have been made to the standards between
proposal and promulgation. Section IV of this preamble discusses some
of the major changes made to the standards.
II. Summary of Promulgated Standards
HAP emissions from the following types of emission points (i.e.,
emission source types) are being covered by the final standard: storage
vessels, equipment leaks, production line, mixhead flush, mold release
agents, and auxiliary blowing agent (ABA) use. The HAP emitted and
emission points required to be controlled by these standards vary
according to whether the facility produces slabstock, molded, or rebond
flexible polyurethane foam.
The affected source is defined as each process that produces
flexible polyurethane or rebond foam, emits a HAP, and is located at a
major source plant site. A process consists of raw material storage;
production equipment and piping, ductwork, and other associated
equipment; and curing and storage areas. The regulations do not apply
to processes dedicated exclusively to the fabrication (i.e., gluing or
otherwise bonding foam pieces together) of flexible polyurethane foam
or to research and development.
Existing sources subject to the regulation are required to comply
within three years of the effective date of the regulation, and new
sources would be required to comply at initial startup. Following is a
description of the requirements of the standards.
A. Standards for Molded and Rebond Flexible Polyurethane Foam
Production
At new and existing molded and rebond flexible polyurethane foam
facilities subject to the rule, the use of HAP or HAP-based products as
equipment cleaners or mold release agents is prohibited. The one
exception to this prohibition is that diisocyanates may be used at
molded foam facilities to flush the mixhead and associated piping
during periods of startup or maintenance, as long as such solvents are
contained in closed loop systems and are re-used in production. Molded
and rebond foam producers are required to submit an initial
notification and maintain records to demonstrate that the equipment
cleaners and mold release agents used are not HAP-based.
B. Standards for Slabstock Flexible Polyurethane Foam Production
The requirements for slabstock foam facilities are separated into
two basic categories: (1) diisocyanates used as a reactant in the foam
process; and (2) HAP used as an auxiliary blowing agent (ABA) and for
equipment cleaning. The
[[Page 53983]]
diisocyanate HAP used in the production of slabstock foam is almost
always 2,4-toluene diisocyanate (TDI), and the HAP used as an ABA and
equipment cleaner is almost always methylene chloride. The rule covers
emissions from two types of TDI emission points-- storage vessels and
equipment leaks. HAP ABA emissions from the following process points
are covered: storage vessels, equipment leaks, the foam tunnel, and
equipment cleaning.
C. Standards for Diisocyanate Emissions From Slabstock Flexible
Polyurethane Foam Production
The standards cover emissions of diisocyanate from storage vessels
and equipment leaks. For new and existing sources, there are two
compliance options for storage vessels. The vessel can be equipped with
a vapor return line that returns vapors displaced during storage vessel
filling to the tank truck or rail car. During each unloading event, the
vapor return line must be inspected for leaks. If a leak is detected,
it must be repaired before the next unloading event. The second option
is to equip the storage vessel with a system in which displaced vapors
are routed through a carbon adsorption system prior to being discharged
to the atmosphere. Storage vessels equipped with carbon adsorption
systems must monitor the outlet of the carbon system to detect
breakthrough. If breakthrough is detected, the carbon must be replaced
before the next unloading event.
Transfer pumps in diisocyanate service must be either sealless
pumps, or submerged pump systems that are visually monitored weekly to
detect leaks. Any transfer pump leaks detected must be repaired within
15 calendar days. Diisocyanate leaks for other components in
diisocyanate service (valves, connectors, and pressure-relief valves)
detected by visual, audible, or any other detection method must be
repaired within 15 calendar days, as well.
D. Standards for HAP ABA Emissions From Slabstock Flexible Polyurethane
Foam Production
This regulation requires that owners or operators comply with
requirements for each of four types of emission points (HAP ABA
emissions from storage vessels, equipment leaks, and the production
line, and HAP emissions from equipment cleaning). These limitations are
described below.
However, since the same HAP, methylene chloride, is frequently used
as both an ABA and as an equipment cleaner, this rule allows owners and
operators flexibility in complying with the HAP ABA and equipment
cleaning provisions. As an alternative to the emission point specific
limitations, the owner or operator can elect to comply with a source-
wide emission limitation. Owners or operators selecting the source-wide
emission limitation must maintain the combined emissions from all of
these sources below the required level. While this option is slightly
more stringent than the emission point specific limitations, the EPA
believes the flexibility it provides will prove to be beneficial for
sources selecting this alternative.
1. HAP ABA Storage Vessel Requirements
The requirements for HAP ABA storage vessels are similar to the
diisocyanate storage vessel requirements discussed above. Storage
vessels can be equipped with either a vapor return line to the tank
truck or railcar, or a carbon adsorption system. The requirements for
new and existing sources are identical.
2. HAP ABA Equipment Leaks
These standards contain requirements for pumps, valves, connectors,
pressure-relief devices, and open-ended valves or lines in HAP ABA
service at new and existing sources.
Pumps and valves must be monitored quarterly for leaks using Method
21, 40 CFR part 60, appendix A, where a leak is defined as an
instrument reading of 10,000 parts per million or greater. Leaks must
be repaired within 15 calendar days after their detection.
Alternatively, leakless pumps can be used. Valves that are designated
as unsafe-to-monitor must be monitored as frequently as possible, and
difficult-to-monitor valves must be monitored once per year.
Connectors must be monitored annually using Method 21, unless the
connector has been opened or the seal broken. In these cases, the
connector must be monitored within 3 months after being returned to HAP
ABA service. As with the other components, a leak is defined as an
instrument reading of 10,000 parts per million or greater, and a leak
must be repaired within 15 calendar days. Connectors can also be
designated as unsafe-to-monitor, in which case they must be monitored
as frequently as possible.
Pressure-relief devices must be monitored using Method 21 if
evidence of a potential leak is found by visual, audible, olfactory, or
any other detection method. If a leak is found (10,000 parts per
million), it must be repaired within 15 calendar days. Each open-ended
valve or line in HAP ABA service must be equipped with a cap, blind
flange, plug, or a second valve.
3. HAP ABA Emissions from the Production Line
The rule includes an emission limit for HAP ABA emissions from the
production line at affected slabstock facilities. There are two options
for complying with the requirements for HAP ABA emissions from the
production line-- rolling annual compliance or monthly compliance. When
using a rolling annual basis, compliance is determined each month,
based on the previous 12-month period. Under the monthly compliance
alternative, compliance is based on the previous month. Both options
require comparing actual HAP ABA emissions to allowable HAP ABA
emissions.
Rolling Annual Compliance. This regulation recognizes the
variability in HAP ABA emissions for different grades of foam, where a
grade of foam is determined by its density and indentation force
deflection (IFD). Therefore, the allowable emission level is dependent
on the mix of foam grades produced during the 12-month compliance
period. The nucleus of the HAP ABA emission limitation provisions is
the HAP ABA formulation limitation equation, which determines an
allowable amount of HAP ABA for each grade of foam. For existing
sources, this equation is:
[GRAPHIC] [TIFF OMITTED] TR07OC98.000
Where:
ABAlimit = HAP ABA formulation limitation, parts HAP ABA
allowed per hundred parts polyol (pph)
IFD = Indentation force deflection (25 percent), pounds
DEN = Density, pounds per cubic foot
[[Page 53984]]
Therefore, for each foam grade produced during the 12-month period, the
owner or operator must determine the HAP ABA formulation limitation.
This equation was developed using actual formulation data from the best
performing foam production facilities. Negative values are not intended
to be used in calculating allowable emissions. That is, zero is the
formulation limitation if the results of the formulation limitation
equation are negative.
For new sources, the equation is used to determine the HAP ABA
formulation limitation for a limited number of grades. However, the
formulation limitation for many higher-density, higher-IFD foams is
automatically set to zero. The following table describes how the HAP
ABA formulation limitation for new sources is determined.
[GRAPHIC] [TIFF OMITTED] TR07OC98.001
For any foam grade, the owner or operator has the option to
designate the HAP ABA formulation limitation as zero. The benefit to
such a designation is that the IFD and density testing requirements, as
well as the polyol usage monitoring and recordkeeping requirements, are
not required for foam grades for which the owner has designated the HAP
ABA formulation limitation as zero.
The allowable HAP ABA emissions for a consecutive 12-month period
are calculated as the sum of allowable monthly HAP ABA emissions for
each of the individual 12 months in the period. Allowable HAP ABA
emissions for each individual month are calculated using the following
equation.
[GRAPHIC] [TIFF OMITTED] TR07OC98.002
Where:
emissallow, month = Allowable HAP ABA emissions from the
slabstock affected source for the month, pounds
m = number of slabstock foam production lines at the affected source
n = Number of foam grades produced in the month on foam production line
j
limiti = HAP ABA formulation limit for foam grade i, parts
HAP ABA per 100 parts polyol
polyoli = Amount of polyol used in the month in the
production of foam grade i on foam production line j, pounds
The amount of polyol used is a key component of this analysis, and
it must be determined by monitoring the amount of polyol added to the
slabstock foam production line at the mixhead when foam is being
poured. (See section II. F. 2. below for more information.) Actual HAP
ABA emissions are determined by monitoring the HAP ABA added to the
slabstock foam production line at the mixhead when foam is being
poured.
This regulation also contains provisions to allow for the use of
HAP ABA recovery devices. If a recovery device is used, the actual HAP
emissions are the difference between the uncontrolled HAP ABA emissions
and the HAP ABA recovered. The uncontrolled HAP ABA emissions are
determined by monitoring the HAP ABA added to the slabstock foam
production line at the mixhead, as discussed above. The amount of HAP
ABA recovered is required to be monitored.
Monthly Compliance. As an alternative to the rolling annual
compliance approach, owners or operators can elect to comply each
month. If this approach is selected, actual and allowable emissions are
determined as discussed above. However, compliance is determined by
comparing allowable and actual emissions for each month, rather than
[[Page 53985]]
for the 12 previous months. An advantage of the monthly compliance
approach is that a violation of the allowable monthly HAP limitation
constitutes up to 30 days of violation for that compliance period,
whereas a violation of the allowable annual total of HAP calculated in
any given month constitutes up to 365 days of violation for that
compliance period. This alternative is allowed because it is more
stringent than the rolling annual compliance approach. In addition, as
with the rolling average compliance approach, the use of HAP ABA
recovery devices is permitted with the monthly compliance approach.
4. Equipment Cleaning HAP Emissions
Affected sources complying with the emission point specific
limitations are prohibited from using a HAP, or a HAP-based product, as
an equipment cleaner.
5. Source-wide Emission Limitation Alternative
This alternative allows the owner or operator to choose which of
the HAP ABA emission sources to control, but is only available for
sources using no more than one HAP as an ABA and equipment cleaner in
the process. In other words, an owner or operator could choose not to
control HAP ABA storage vessels and equipment leaks, and instead
achieve a higher HAP ABA emission reduction from the production line.
Alternatively, an owner or operator could choose to control emissions
from equipment leaks and storage to ``save'' as much HAP ABA as
possible for use in the production line. In addition, under the source-
wide alternative, a facility could utilize a HAP equipment cleaner, as
long as the HAP used as the equipment cleaner is the same chemical as
the HAP ABA. However, the equipment cleaning HAP emissions must be
offset by emission reductions from one of the HAP ABA emission sources.
An owner or operator electing to comply with the source-wide
emission limitation for HAP ABA and equipment cleaning determines
compliance by comparing actual emissions from the three HAP ABA
emission sources and from equipment cleaning with an allowable
emissions level. Compliance is determined each month for the previous
12-month period.
The allowable emissions level is determined using the same
procedures discussed above for HAP ABA emissions from the production
line. Therefore, the total HAP ABA and equipment cleaning HAP emissions
allowed under this alternative are equivalent to the allowed HAP ABA
emissions from the production line if the emission point specific
alternative is selected.
The actual HAP ABA and equipment cleaning emissions are determined
by performing a material balance at the HAP ABA storage vessel, using
the following equation:
[GRAPHIC] [TIFF OMITTED] TR07OC98.003
Where:
PWEactual = Actual source-wide HAP ABA and equipment
cleaning HAP emissions for a month, pounds/month
STi,begin = Amount of HAP ABA in storage tank i at the
beginning of the month, pounds
STi, end = Amount of HAP ABA in storage tank i at the end of
the month, pounds,
ADDi = Amount of HAP ABA added to storage tank i during the
month, pounds
n = Number of HAP ABA storage vessels
Weekly monitoring of the level of HAP ABA in the storage vessels is
required, thus providing the amounts for the beginning and end of month
to be used in the above equation. In addition, the amount of each HAP
ABA delivery must be determined. The requirements for the monitoring of
HAP ABA storage vessel levels and the amount of HAP ABA added during
each delivery are discussed later in this section. Emission reductions
achieved by recovery devices can be accounted for by monitoring the
amount of HAP ABA recovered.
As with the emission point specific limitation for HAP ABA from the
production line, the source-wide emission limitation includes a monthly
compliance alternative.
E. Monitoring Requirements
This regulation contains monitoring requirements for five
situations: (1) storage vessels complying using carbon adsorption
systems; (2) polyol and HAP ABA added to the production line at the
mixhead; (3) recovered HAP ABA when a recovery device is used; (4) the
amount of HAP ABA in a storage vessel; and (5) the amount of HAP ABA
added to a storage vessel.
1. Storage Vessel Complying Using Carbon Adsorption Systems
Storage vessels equipped with carbon adsorption systems must
monitor either the concentration of HAP or the concentration of organic
compounds at the exit of the adsorption system. Measurements of HAP
concentration must be made using Method 18 Appendix A of 40 CFR 60 and
measurements of organic compound concentrations must be made using
Method 25A. Outlet concentration measurements must be made monthly (or
each time the vessel is filled, if filling occurs less frequently than
monthly). Alternatively, the owner or operator can implement an
alternative monitoring program where monitoring of HAP or organic
compound concentrations during vessel filling must be conducted at an
interval no greater than 20 percent of the carbon replacement interval,
which is established using a design analysis.
2. Polyol and HAP ABA Monitoring at the Mixhead
All slabstock facilities must continuously monitor the amount of
polyol added to the slabstock foam production line at the mixhead when
foam is being poured to allow the calculation of allowable emissions.
The regulation contains two options for continuously monitoring the
polyol added: (1) a device installed and operated to monitor and record
pump revolutions per minute, or (2) a flow rate monitoring device
installed and operated to measure the amount of polyol added at the
mixhead. Either of these devices must be calibrated at least once each
6 months, and must have an accuracy to within 2 percent.
The owner or operator can develop an alternative monitoring program to
monitor the amount of polyol added at the mixhead. The components of an
alternative monitoring plan must include, at a minimum: (1) description
of the parameter to be monitored to measure the amount of HAP ABA or
polyol added at the mixhead; (2) a description of how the monitoring
results will be recorded, and how the results will be converted into
amount of
[[Page 53986]]
HAP ABA or polyol delivered to the mixhead; (3) data demonstrating that
the monitoring device is accurate to within 2.0 percent;
and (4) procedures to ensure that the accuracy of the parameter
monitoring results is maintained. These procedures shall, at a minimum,
consist of periodic calibration of all monitoring devices. An
alternative plan must be submitted to the Administrator for approval.
In addition, if an owner or operator elects to comply with the
emission point specific limitations, the amount of HAP ABA added to the
slabstock foam production line at the mixhead must be continuously
monitored when foam that contains HAP ABA in the formulation is being
poured. The requirements for monitoring the amount of HAP ABA added are
the same as discussed above for polyol, except that the device must be
calibrated at least once per month.
3. Recovered HAP ABA Monitoring
The rule also includes monitoring requirements for slabstock
facilities using a recovery device to reduce HAP ABA emissions. The
amount of HAP ABA recovered is determined by using a device that
monitors the cumulative amount of HAP ABA recovered by the recovery
device. This device must be installed, calibrated, maintained, and
operated according to the manufacturer's specifications, and must be
certified by the manufacturer to be accurate to within 2.0
percent. The rule requires the owner or operator to develop a recovered
HAP ABA monitoring and recordkeeping plan and submit it to the EPA for
approval.
4. Monitoring to Determine Amount of HAP ABA in a Storage Vessel
For slabstock sources complying with the source-wide alternative,
the amount of HAP ABA in a storage vessel must be monitored weekly
using a level measurement device. The level measurement device must be
calibrated initially and at least once per year thereafter. If the
level measurement device produces an output signal, it must have either
a digital or printed output. If the level measurement device is a
visually-read device (i.e., gauge glass), it must have permanent
graduated markings to indicate HAP ABA level in the storage tank.
5. Monitoring to Determine the Amount of HAP ABA Added to a Storage
Vessel
The amount of HAP ABA added to a storage vessel during a delivery
must be determined using any one of four options. The first option
requires that the amount of HAP ABA in the storage vessel be measured
before and after the loading, provided that the level measurement
device meets the requirements discussed above in section ``II.E.4''.
The second option requires that the volume of HAP ABA added to the
storage vessel be determined by monitoring the flow rate using a device
with an accuracy of 98 percent or greater, and which is calibrated at
least once every six months. The third option allows the owner or
operator to calculate the weight of HAP ABA added by determining the
difference between the full weight of the transfer vehicle prior to
unloading into the storage vessel and the empty weight of the transfer
vehicle after unloading has been completed. This weight must be
determined using a scale approved by the State or local agencies using
the procedures contained in the National Institute of Standards and
Technology Handbook 44, or a scale determined to be in compliance with
the requirements of the National Institute of Standards and Technology
Handbook 44 at least once per year by a registered scale technician.
The final option for determining the amount of HAP ABA added to a
storage vessel allows the owner or operator to develop an alternative
monitoring program. The alternative monitoring program must include, at
a minimum, a description of the parameter to be monitored to determine
the amount of the addition, a description of how the results of the
monitoring will be recorded and converted into the amount of HAP ABA
added, data demonstrating the accuracy of the monitoring measurements,
and procedures for ensuring that the accuracy of the monitoring
measurements is maintained. Alternative monitoring programs must be
submitted to the EPA for approval.
F. Testing Requirements
There are two instances where the use of test methods is required.
First, for slabstock owners or operators complying with the emission
point specific requirements for HAP ABA equipment leaks, testing must
be conducted using Method 21 of 40 CFR part 60, subpart A.
Second, all slabstock affected sources must test each grade of foam
produced during a single production ``run'' to verify the IFD and
density, as these are integral inputs into the equation to determine
the HAP ABA formulation limitation. This rule requires these parameters
to be determined using American Society for Testing and Materials
(ASTM) D3574 using a sample of foam cut from the center of the foam
bun. The maximum sample size for which the IFD and density is
determined shall not be larger than 24 inches by 24 inches by 4 inches.
IFD and density testing is not required for foam grades for which the
owner or operator has designated the HAP ABA formulation limitation as
zero. The IFD and density testing results must be conducted and
recorded within 10 working days of the date the foam was produced.
G. Alternative Means of Emission Limitation
This regulation also contains provisions to allow an owner or
operator to request approval to use an alternative means of emission
limitation. Examples of alternative means of emission limitation could
be the reduction of HAP ABA by a combustion device, use of a storage
tank control not mentioned in the regulation, or an alternative program
to reduce HAP ABA equipment leak emissions. The request, which may be
submitted in the precompliance report for existing sources, the
application for construction or reconstruction for new sources, or at
any other time after the initial compliance, must include a complete
description of the alternative means of emission limitation and
documentation demonstrating equivalency with the requirements in the
regulation. The owner or operator can begin using the alternative means
of emission limitation upon approval of the request by the
Administrator.
H. Applicability of General Provisions
The General Provisions for Part 63 (40 CFR part 63, subpart A)
create the technical and administrative framework for implementing
national emission standards established under section 112 of the Clean
Air Act. The General Provisions establish baseline applicable
requirements for activities such as performance testing, monitoring,
notifications, recordkeeping, and reporting. They also implement
statutory provisions such as compliance dates for new and existing
sources and preconstruction review requirements. The General Provisions
apply to all sources that are affected by Part 63 standards, including
the standard for flexible polyurethane foam production. However,
individual standards may override certain requirements in the General
Provisions. This regulation contains a table outlining the sections of
the General Provisions that are applicable to the standard for flexible
polyurethane foam production. It also outlines sections of the General
Provisions that are being overridden or not incorporated. The
performance test requirements; monitoring requirements;
[[Page 53987]]
and startup, shutdown, and malfunction plan requirements of the General
Provisions do not apply to this standard. Most of the other
requirements in the General Provisions do apply.
I. Reporting Requirements
This regulation requires the submittal of seven types of reports:
(1) initial notification, (2) application for approval of construction
or reconstruction, (3) precompliance report, (4) notification of
compliance status, (5) semi-annual compliance reports, (6) other
reports, and (7) annual compliance certifications. These reports are
briefly described below.
1. Initial Notification
Each owner or operator of an affected source must submit an initial
notification to the Administrator within 120 days after promulgation of
the rule. This initial notification must contain an identification of
the facility that is subject to the regulation, the name and address of
the owner or operator of the subject facility, and a brief description
of the production process.
2. Application for Approval of Construction or Reconstruction
Owners or operators constructing a new affected source, or
reconstructing an existing affected source, must submit an application
for approval of construction or reconstruction. This application must
contain identification information such as location, owner/operator,
and the anticipated completion and start-up dates. The application must
also contain a description of the planned process and how compliance
will be achieved. The application must be submitted as soon as
practicable before the construction or reconstruction is planned to
commence. A permit application can take the place of this report.
3. Precompliance Report
One year before the compliance date, each existing owner or
operator of an existing slabstock facility must submit a precompliance
report. This report must contain notification of whether compliance
will be achieved using the emission point specific HAP ABA and
equipment cleaning emission limitation or the source-wide emission
limitation. The report must also indicate if either of the following
compliance options are going to be utilized:
If compliance will be achieved on a monthly basis for
either the emission point specific limitation for HAP ABA emissions
from the production line or the source-wide emission limitation.
If a recovery device will be used to reduce HAP ABA
emissions.
This report must also contain a description of how the amount of
polyol and HAP ABA (if required) added at the mixhead will be
monitored. If the owner or operator is developing an alternative
monitoring plan, the plan must be submitted with the precompliance
report. In addition, owners or operators of slabstock flexible
polyurethane production facilities using a recovery device to reduce
HAP ABA emissions must include a description of the HAP ABA monitoring
and recordkeeping program to determine the amount of HAP ABA recovered
in the precompliance report.
Each owner or operator of an affected source complying with the
source-wide emission limitation must submit a description of how the
amount of HAP ABA in a storage vessel will be determined, and a
description of how the amount of HAP ABA added to a storage vessel
during a delivery will be monitored. If the owner or operator is
developing an alternative monitoring program for the determination of
HAP ABA added to a storage vessel, this program must be submitted with
the precompliance report.
The rule specifies that if the Administrator does not notify the
owner or operator of objections to an alternative monitoring program or
a recovered HAP ABA monitoring and recordkeeping program within 45 days
after its receipt, the program is automatically assumed to be approved.
4. Notification of Compliance Status
Each owner or operator of a new or existing slabstock affected
source must submit a notification of compliance status report 180 days
after the compliance date. This report must contain notification of the
compliance status of diisocyanate storage vessels and diisocyanate
transfer pumps. In addition, this report must contain compliance
information for HAP ABA storage vessels and equipment in HAP ABA
service.
5. Semi-annual Reports
Each slabstock owner or operator must submit semi-annual reports.
For affected sources complying with the rolling annual compliance
provisions (for either the emission point specific HAP ABA limitations
or the source-wide emission limitation), the report must contain the
allowable and actual HAP ABA emissions (or allowable and actual HAP ABA
and equipment cleaning HAP emissions) for each of the 12-month periods
ending on each of the six months in the reporting period. For affected
sources complying with the monthly compliance alternative, the report
must contain the allowable and actual HAP ABA emissions (or allowable
and actual HAP ABA and equipment cleaning HAP emissions) for each of
the six months in the reporting period. Affected sources complying with
the storage vessel provisions of Sec. 63.1294(a) or Sec. 63.1295 using
a carbon adsorption system must include unloading events that occur
after breakthrough is detected where the carbon in the system is not
replaced. Any equipment leaks that were not repaired in accordance with
the rule requirements must also be included in the semi-annual
compliance report.
6. Other Reports
A slabstock owner or operator must provide a report to the
Administrator indicating the intent to change the selected compliance
alternative (emission point specific limitations or source-wide
emission limitation). This report must be submitted at least 180 days
prior to the change.
Similarly, the intent to switch the compliance method (rolling
annual or monthly) must be reported. This report must be submitted at
least 180 days prior to the change.
7. Annual Compliance Certifications
Each affected source is required to submit a compliance
certification annually. Each compliance certification must be signed by
a responsible official of the company that owns or operates the
affected source.
J. Recordkeeping Requirements
Records must be completed in a form suitable and readily available
for expeditious inspection and review, and must be kept for a period of
5 years. At a minimum, the most recent 2 years of data must be retained
on-site.
Records are required for storage vessels, equipment leaks, and HAP
ABA. If the owner or operator complies with the source-wide emission
limitation, no records are required for HAP ABA storage vessel controls
(see section ``I.J.1'' below) or controls for equipment in HAP ABA
service (see section ``I.J.2'' below).
1. Storage Vessel Records
All slabstock affected sources must maintain records listing all
diisocyanate storage vessels and the type of control utilized to comply
with the regulation. For the storage vessels complying through the use
of a carbon adsorption system, the records must include the design
parameters of the system and the monitoring records.
[[Page 53988]]
2. Equipment Leak Records
All slabstock affected sources must maintain a list of components
in diisocyanate service, and a description of the control utilized for
each transfer pump. If the affected source is complying with the
emission point specific limitations, records listing each component in
HAP ABA service must also be maintained.
When a leak, as defined in the rule, is detected for any component,
the component must be marked with a readily visible identification
until the leak is repaired. For valves, the identification must remain
until 2 successive quarters have passed where no leak is detected.
Records must be kept specifying when the leak was detected, when it was
repaired, and when the identification was removed.
3. HAP ABA records
All slabstock affected sources must keep records integral to the
calculation of allowable emissions. These include a daily log of foam
runs and daily records of the amount of polyol added at the mixhead for
each grade of foam. The results of the density and IFD testing for each
grade must be recorded within 10 working days of the production of the
foam. Polyol usage and density/IFD testing records are not required for
those foam grades for which the owner or operator has designated the
HAP ABA formulation limitation as zero. Monthly, a cumulative record
must be maintained listing the foam grades containing HAP ABA produced
during the month, along with the total amount of polyol used for each
foam grade, and the corresponding allowable HAP ABA (or HAP ABA and
equipment cleaning) emissions level. If complying on an annual rolling
basis, the allowable HAP ABA (or HAP ABA and equipment cleaning)
emissions level for the previous 12 consecutive months must also be
recorded each month.
For affected sources complying with the emission point specific
limitation for HAP ABA emissions from the production line, records must
be kept regarding the amount of HAP ABA added at the mixhead each day.
In addition, there must also be a cumulative HAP ABA usage record for
each month, and a cumulative record for the previous 12 consecutive
months (if complying on an annual rolling basis).
For affected sources complying with the source-wide emission
limitation, monthly records must be kept regarding the actual HAP ABA
and equipment cleaning emissions, as measured at the storage vessel.
Also required are weekly records of the HAP ABA storage vessel levels
and records of the amount of HAP ABA added to the storage vessel during
each delivery. If complying on an annual rolling basis, monthly records
must be kept of the actual cumulative HAP ABA and equipment cleaning
emissions for the previous 12 months.
If an affected source uses a recovery device to reduce HAP ABA
emissions, records must be kept regarding the amount of HAP ABA
recovered. In addition, records of all required calibrations must be
maintained.
III. Summary of Impacts
This section identifies the facilities affected by these NESHAP. It
also presents the air, non-air environmental (waste and solid waste),
energy, cost, and economic impacts resulting from the control of HAP
emissions under this rule.
A. Facilities Affected by These NESHAP
It is estimated that 176 sources will be subject to the regulation.
This number includes 57 slabstock foam facilities, 21 facilities with
slabstock and rebond processes, and 98 molded foam facilities. It is
estimated that 130 molded foam facilities are area sources, and will
not be subject to this rule. It is also estimated that all rebond
facilities not collocated with a slabstock foam process are area
sources.
B. Air Impacts
These standards are estimated to reduce HAP emissions from all
existing sources of flexible polyurethane foam manufacturing by over
12,500 Mg/yr. This represents a 70 percent reduction from baseline.
This includes over 10,400 Mg/yr from slabstock foam production (69
percent reduction from baseline) and over 2,100 Mg/yr from molded foam
production (73 percent reduction from baseline). No reduction is
expected from rebond foam production, since it is believed that the
entire industry has already stopped using HAP cleaners and mold release
agents.
C. Other Environmental Impacts
The Agency estimates that there will be minimal secondary
environmental impacts from this regulation. There could be a slight
increase in volatile organic compound (VOC) air emissions if facilities
switch from a HAP-based product to a non-HAP VOC based product for
equipment cleaning, mold release agents, and mixhead flushes.
Wastewater could contain minor amounts of HAP if carbon adsorption
systems are used to comply with the HAP ABA limitations, but the Agency
believes the use of such systems will be rare. The only potential
hazardous waste impact would be due to the disposal of spent carbon
adsorption canisters used to control storage vessels. The Agency does
not believe these impacts to be significant.
D. Energy Impacts
Due to the use of several control technologies in both slabstock
and molded foam, there will be some increase in the amount of energy
used by this source category. The impact will vary depending on which
control technology is chosen by each facility, but is not expected to
be significant.
E. Cost Impacts
Cost impacts include the capital costs of new equipment that
reduces HAP emissions, the cost of energy required to operate the
equipment, operation and maintenance costs, as well as cost savings.
Also, cost impacts include the costs of monitoring, recordkeeping, and
reporting associated with the promulgated standards. Average cost
effectiveness ($/Mg of pollutant removed) is also presented as part of
cost impacts and is determined by dividing the annual cost by the
annual emission reduction.
For the molded subcategory, the estimated total capital investment
is $5.9 million, and the total estimated annual cost is around $715,000
per year. The total annual HAP emission reduction is 2,100 Mg/year,
resulting in a cost effectiveness of $350/Mg per year.
For the rebond subcategory, it is anticipated that there will be no
cost or environmental impacts, since it is believed that every facility
already complies with these provisions. The regulation will prohibit
the future use of HAP-based cleaners and mold release agents in this
industry.
For the slabstock subcategory, the total estimated capital
investment is around $68 million, and the total estimated annual cost
is $7.3 million per year. The total annual HAP emission reduction is
over 10,400 Mg/yr, resulting in a cost-effectiveness of around $700/Mg
per year.
Therefore, the total capital investment for this regulation is
estimated at $74 million. The total estimated annual cost is $8.1
million per year. The total emission reduction is over 12,500 Mg/yr,
resulting in an overall cost effectiveness of around $650/Mg per year.
F. Economic Impacts
An economic impact analysis of these standards was prepared to
evaluate primary and secondary impacts on: (1) the slabstock and molded
foam sectors of the flexible polyurethane foam
[[Page 53989]]
production industry; (2) consumers; and (3) society.
For the slabstock foam sector of the industry, the total annualized
social cost (in 1994 dollars) of this promulgated regulation is $7.18
million. Market price is estimated to increase by 2.20 percent, and the
corresponding decrease in market output is estimated to be 1.08
percent. Employment loss is estimated to be 1.09 percent (i.e., 96
jobs).
For the molded foam sector, impacts on price and output are
estimated to be smaller than those predicted for the slabstock market.
The total annualized social cost (in 1994 dollars) of the promulgated
standards for the molded foam subcategory is $0.71 million. Price is
estimated to increase by 1.14 percent, and the corresponding decrease
in market output is estimated to be 0.56 percent. Employment loss in
the molded sector is estimated to be 0.67 percent (37 jobs).
However, given the predicted changes in market price and output,
the industry will experience increases in the value of shipments (i.e.,
industry profits), because estimated price increases more than offset
the lower production volumes. Since no significant export or import
markets exist for the industry (due to prohibitive transportation
costs), no impacts on foreign trade are expected.
The analysis also predicts the number of plant closures that may
result from the imposition of compliance costs on a facility. For the
analysis, a worst-case assumption is adopted that the facilities with
the highest emission control costs are the least efficient producers in
the market. Actual plant closures will be less than that predicted if
plants with the highest emission control costs are not the least
efficient producers in the industry. In addition, the outcome of
predicted closures is sensitive to the wide variety of emission control
technologies assigned to the model plants. If the control technology
assigned to the representative model plant is different than that which
would be chosen by an actual facility, the analysis could overestimate
the number of predicted plant closures. Therefore, a sensitivity
analysis was performed to test the outcome of closures based on the
assignment of control technology to model plants. For the slabstock
sector, plant closures are estimated to range from 1 to 3 facilities
for this standard. For the molded foam sector, closures are estimated
to be zero for this promulgated standard (a sensitivity analysis was
not performed for the molded foam production subcategory). Given the
significant amount of restructuring currently occurring in the industry
(mergers, buy-outs, and shut-downs), the number of facility closures
that will result from the regulation is likely to be minimal.
IV. Significant Comments and Changes to the Proposed Standards
In response to comments received on the proposed standards, changes
have been made to the final standards. While several of these changes
are clarifications designed to make the EPA's intent clearer, a number
of them are changes to the requirements of the proposed standards.
Public comment was received on several issues that the EPA raised in
the proposal preamble. The public also commented on other issues. In
addition, some changes were made to ensure that the regulations are
``permit friendly.'' A summary of the substantive comments and changes
made since the proposal are described in the following sections. The
rationale for these changes and detailed responses to all public
comments are included in the Basis and Purpose Document for the final
standards. Additional information is contained in the docket for these
final standards. (See ADDRESSES section of this preamble.)
A. Public Response to EPA Request for Comment
In the proposal preamble, the EPA specifically requested comment on
the following issues: (1) the need for a federally enforceable
mechanism for limiting potential to emit (PTE) at flexible polyurethane
foam production sources; (2) controlling TDI emissions from slabstock
flexible foam production lines; (3) the burdens of the monthly
averaging time option for compliance with the emission limitation for
slabstock flexible foam production lines; (4) monitoring in HAP ABA
storage vessels; (5) the prohibition on the use of HAP-based adhesives;
and (6) the number of affected facilities. No public comments were
received on the number of affected facilities in the flexible
polyurethane foam production source category. Public comments on the
remaining five issues are summarized below.
1. Federally Enforceable Mechanism
The proposed regulation contained provisions for obtaining a
federally enforceable limitation on PTE, which would allow sources to
maintain emissions below the major source threshold amount. It also
included recordkeeping and reporting requirements for sources obtaining
the federally enforceable emission limitation. One commenter urged the
EPA to identify the criteria for establishing area source status, while
others objected to the requirements that an area source maintain
supporting documentation, stating that facilities should not be
required to keep records to prove they are not subject to the
regulation.
The EPA agrees that criteria for area source status should be
included within the regulation, rather than the general criteria in the
proposed rule. Therefore, Sec. 63.1290(c) has been revised to add
specific criteria for identifying slabstock sources with potential
emissions below the major source threshold levels. Slabstock flexible
polyurethane foam producers may elect to use a total of less than 5
tons of total HAP at the entire plant site, including uses as an
auxiliary blowing agent, an equipment cleaner, and as an adhesive in
foam fabrication operations. The addition of these specific criteria
will ease the administrative burden for both State and local agency
regulators and sources by reducing the need for case-by-case
determination of area or synthetic minor source status. This option is
not available to slabstock processes located at plant sites that have
HAP-using processes other than slabstock foam production and foam
fabrication. Also, due to the large number of potential uses of HAP at
molded foam facilities, such criteria are not included for molded foam
facilities.
The Agency agrees with the commenters that recordkeeping
requirements should be sufficiently detailed to ensure that PTE limits
are practically enforceable; however, the EPA recognizes that State and
local agencies should establish such recordkeeping requirements. In the
consideration of these comments, the EPA determined that it is not
appropriate for the rule to require specific records at facilities that
are not subject to the regulation. Therefore, the rule only requires
that records be kept to verify the HAP usage.
2. TDI emissions from Slabstock Production Lines
The proposed rule did not require control of 2,4-toluene
diisocyanate (TDI) emissions from the foam production line. At
proposal, the EPA requested comment on the feasibility and necessity of
additional controls for TDI emissions from the foam line.
Four commenters responded to the EPA's request for comments on this
item. Three of the commenters supported the EPA in proposing no control
for TDI emissions from the foam production line. All three commenters
noted that TDI emissions from foam production are very small. Two of
these
[[Page 53990]]
commenters also indicated the lack of currently available control
technologies to address these emissions and the high costs of utilizing
technologies that are common in other applications. However, one
commenter believed additional controls for TDI were needed. This
commenter urged the EPA to assess applicable work practices or
equipment standards that would reduce TDI and other emissions from the
production line and other emission points not covered under the current
rule.
The EPA agrees with the three commenters who believe that the
regulation should not control TDI emissions from the production line.
The primary reasons for this opinion are the low level of emissions and
the high costs of control. The EPA recognizes the concerns related to
the health effects of TDI, even at relatively low concentrations.
However, nationwide TDI emissions from the foam tunnel at slabstock
polyurethane foam production facilities are estimated to be less than
10 tons per year. A typical plant emits around 1/10 of a ton per year.
In addition, TDI is present in exhaust streams in very low
concentrations, typically less than 1 part per million (ppm). Currently
available control technologies common to other applications are not
suited to the cost-effective removal of low concentrations of TDI from
a high velocity exhaust stream.
Prior to proposal, the EPA determined that the floor for the
control of TDI was no control. Further, no controls techniques were
identified in practice to allow the consideration of levels more
stringent than the floor. After proposal, the EPA re-investigated
technologies for the control of TDI emissions from the foam production
line by contacting vendors of control equipment, as well as air
pollution regulatory agencies in other countries. Based on that
additional analysis, the EPA concludes that the MACT floor is no
control. Despite indications of the existence of cost-effective TDI
control technologies, none of these efforts identified any technology
for TDI that the Agency believed could be cost-effectively applied to
the foam tunnel in a slabstock foam production facility.
In the future, the EPA will conduct a section 112(f) residual risk
assessment of the flexible polyurethane foam industry. In a section
112(f) residual risk assessment, a regulated industry is evaluated
based on the risks it still poses to people and the environment. If the
assessment determines that unacceptable health risks are still related
to the industry, the EPA will impose additional requirements on the
industry.
The EPA does not feel it is appropriate to require additional
recordkeeping or reporting in this rule to support a future risk
assessment, as suggested by the commenter. The EPA will obtain the
necessary information at the time of the risk assessment.
3. Monthly Averaging Time
The proposed rule allowed for two averaging time formats for
compliance with the requirements for HAP ABA emissions from the
production line and source-wide HAP ABA and equipment cleaning
emissions: (1) rolling annual compliance [Sec. 63.1297(a)(1)]; and (2)
compliance determined for each individual month. [Sec. 63.1297(a)(2)]
At proposal, the EPA requested comments on any burdens caused by
inclusion of the monthly compliance alternative in the proposed
regulation.
Two commenters responded to the EPA's request for comments on this
item. Neither commenter reported any burdens associated with inclusion
of the monthly compliance alternative. However, both commenters were
concerned about the potential for being assessed penalties based on 365
days of violations when using the rolling annual compliance
alternative, even if the actual number of non-compliance days was much
less.
In response to the seasonal variation of the production of
slabstock foam, the EPA based the proposed HAP ABA emission
requirements on a 12-month period, where compliance would be determined
each month for the previous 12 months. While industry recognized the
flexibility of this 12-month averaging period, they were concerned
regarding the enforcement of such provisions. The concerns expressed at
that time were analogous to those made by these commenters.
In response to these concerns, the EPA included the monthly
compliance alternative in the proposed regulation. This alternative,
while reducing flexibility, eliminates the potential for violations for
a 365-day period. Since no comments were received indicating that the
inclusion of two averaging time options was inappropriate or burdensome
to either affected sources or enforcement agencies, both averaging
periods were retained in the final rule.
In response to the commenters' concern about penalties associated
with the 12-month averaging option, the EPA points out that the rule
cannot specify a penalty structure, but can only include the definition
of a violation. Clearly, a violation of the HAP ABA (or source-wide)
requirements of this rule occurs when the actual emissions exceed the
allowable emissions. In the case of a violation, the State or local
enforcement agency (and in some cases the EPA Regional Office) will
determine the penalty for a violation.
In conclusion, the commenters continue to be concerned with the
potential penalties associated with the 12-month averaging time. The
EPA continues to believe that the monthly averaging time is a viable
alternative available to all affected sources, and that each owner or
operator will have to weigh the added flexibility of the 12-month
averaging period with the potential for higher penalties associated
with this option.
4. Monitoring in HAP ABA Storage Vessels
If a facility is complying with the source-wide alternative for HAP
ABA and HAP equipment cleaners, actual emissions are measured by
conducting a monthly material balance at the HAP ABA storage vessel. An
input to this determination is the amount of HAP ABA in the storage
tank. The proposed rule at Sec. 63.1303(d) contained criteria for the
devices that could be used to measure the level of HAP ABA in the
vessel. Gauge glasses and simple floats would not have fit these
criteria. At proposal, the EPA requested comment on the monitoring
requirements and whether the use of gauge glasses, float systems, and
other visually-read systems should be allowed.
All the commenters that provided input on this issue felt that
visually-read level measurement systems, which are ``standard'' in the
industry, should be allowed. They believed that visually-read
measurement systems were sufficiently accurate, and that the
competitive nature of the industry dictated that facilities eliminate
raw material loss. Due to the need to manage chemical use, visually-
read level measurement systems in conjunction with existing inventory
controls provide necessary compliance records.
Upon reviewing these comments and collecting additional information
on this issue by conducting a survey of storage tank level measurement
device vendors, contacting foam trade organizations and foam producers,
and visiting a foam plant and observing first hand the use of visually-
read level measurement devices to determine the storage tank level, the
EPA agreed that these visually-read devices should be allowed. The EPA
now believes that the use of gauge glasses and float systems will not
result in significantly greater errors in level measurement than
devices that meet the proposed
[[Page 53991]]
requirements. For example, an error analysis based on typical 10,000
gallon storage vessels and an error in measurement of 0.5 inches
indicates that the error is approximately 3.27 cubic feet or 24.5
gallons (0.5 percent) for a vertical tank at half capacity. For
horizontal tanks at half capacity, the error is approximately 8.8 cubic
feet or 65.8 gallons (1.3 percent). In order to minimize the potential
for human error, the final rule requires that all visually-read
measurement devices have permanent graduated markings from which the
level will be read. This practice should eliminate any error associated
with the use of non-fixed measuring tools, such as tapes or rulers.
Therefore, in the final rule, paragraph 63.1303(d) requires that
devices that are used to measure the level in the storage vessel be
calibrated initially and at least once per year. If the device produces
an output signal, it must have either a digital or printed output. If
the device is a visually-read device, it must have permanent graduated
markings.
5. Prohibition on the Use of HAP-based Adhesives
The EPA requested comment on the technical feasibility of
prohibiting the use of HAP-based adhesives for foam repair in molded
foam production. Two responses to this request were received. The first
commenter reported that HAP-free adhesives have not been successful in
all applications. The commenter recommended a review process that would
allow a facility to use HAP-based mold release agents if they
demonstrated that product quality suffered with the use of HAP-free
adhesives. The second commenter was also concerned about the proposed
prohibition, and recommended that the EPA defer consideration of HAP-
based adhesives until development of the foam fabrication NESHAP.
The EPA acknowledges the commenters' concern that HAP-free
adhesives may not be successful in all applications. In further
conversations after proposal of the regulations, adhesive manufacturers
indicated that the molded foam production source category was not a
major market for their products. The EPA therefore agrees with the
second commenter that consideration of HAP-based adhesives should be
deferred until development of the foam fabrication NESHAP. The proposed
provisions at 63.1300(c) prohibiting the use of HAP-based adhesives to
repair foam products in a molded flexible polyurethane foam source have
been removed. The Agency expects to consider use of HAP-based molded
foam repair adhesives in the development of the flexible polyurethane
foam fabrication NESHAP.
B. Other Rule Changes in Response to Public Comments
1. IFD and Density Testing
The proposed rule required that the indentation force deflection
(IFD) and density be tested for every grade of foam produced. It also
required that the amount of polyol used be monitored for every foam
grade, and that records of this usage be maintained. A comment was
received stating that there was no benefit to testing foams or
monitoring and keeping records of the amount of polyol added for grades
that do not have any ABA in the formulation.
For each specific grade, the allowable emissions are calculated
using the formulation limitation (which is calculated using the IFD and
density of the grade) and the amount of polyol used to produce the
grade. The calculation of the allowable HAP ABA emissions is unrelated
to the amount of HAP ABA added to the formulation for that grade. The
amount of HAP ABA added represents the actual emissions. Therefore, if
a facility produced a particular grade (e.g., Grade A) with a
formulation limitation greater than zero, but used no HAP ABA, then
emission ``credits'' would be generated. This ``credit'' would then
allow the owner or operator to use an amount of HAP ABA higher than the
formulation limitation for another grade (e.g., Grade B). If no testing
of the grade, or records of polyol used, were kept for Grade A, then
credits would not be generated to allow the production of Grade B with
the desired amount. Therefore, the EPA sees considerable benefit in
testing and keeping records for all grades that have formulation
limitations greater than zero.
However, the EPA does believe that the burden can be reduced by
eliminating the requirement that any IFD or density testing be
conducted for grades where the owner or operator designates the
formulation limitation as zero. This decision is reflected in the final
rule.
2. Definition of Flexible
One comment was received regarding the adjective ``flexible'' in
the term ``flexible polyurethane foam''. The commenter (IV-D-07) noted
that while ``flexible polyurethane foam'' is defined in the rule, the
definition did not address ``the degree of flexibility or rigidity
associated with the foam.'' The commenter believed that their ``foam-
in-place'' operation is intended to be included within the scope of the
proposed rule. However, the foam, which is sprayed into boxes to
provide a protective cushioning layer for shipment of products, is
``quite rigid in nature''. The commenter requested clarification
regarding the meaning of flexible.
The EPA agrees that there is a need to clarify ``flexible'' as it
is used in the definition of flexible polyurethane foam, and has added
language to the definition provided in the rule, as follows:
``Flexible polyurethane foam means a flexible cellular polymer
containing urea and carbamate linkages in the chain backbone produced
by reacting a diisocyanate, polyol, and water. Flexible polyurethane
foams are open-celled, permit the passage of air through the foam, and
possess the strength and flexibility to allow repeated distortion or
compression under stress with essentially complete recovery upon
removal of the stress.''
By comparison, rigid polyurethane foams are closed-celled, do not
allow the passage of air through the foam, and do not distort or
compress under stress until there is sufficient stress to crush the
foam. Rigid foams that have been crushed do not recover to their
original shape.
Based on information provided by the commenter, the EPA is unable
to definitively determine if the foam produced is flexible polyurethane
foam and if the commenter's process is subject to the rule. However, it
is believed that the ``foam-in-place'' process described is a molded
foam process and would be subject to the rule, if the foam produced
meets the revised definition of flexible polyurethane foam cited above.
3. HAP ABA Emission Calculation
One commenter noted that there was a typographical error in the
equation as published in the preamble. The first term should appear as
``-25(IFD).'' Two commenters noted that the HAP ABA formulation
equation results in a negative (<0) value for the ABA limitation in
some cases. One commenter felt that this was a result of a typing error
in the published equation. The second commenter was concerned that it
would be ``possible for certain foam grades to calculate a negative
monthly ABA, thus reducing the total ABA and misrepresenting the intent
of the ABA formulation limitation equation.'' This commenter
recommended that the minimum amount of ABA be limited to zero (0) for
averaging purposes.
The EPA recognizes that there was a typographical error in the
equation as
[[Page 53992]]
published in the preamble. The first term in the equation 25(IFD)
should be preceded by a negative sign. The proposed regulatory language
was correct. The final rule and the rule summary in the preamble for
the promulgated regulation include the correct equation.
However, the commenter was incorrect in assuming that an error in
the published equation resulted in the equation yielding negative
values. The equation indeed results in negative values for some
combinations of density and indentation force deflection (IFD). The EPA
did not intend for these negative values to be used in calculating
allowable emissions. Rather, the intent was for the foam manufacturer
to use zero if the calculated HAP ABA formulation limitation was
negative. However, the proposed regulation did not state this
intention, and the Agency recognizes that this situation would clearly
lead to confusion. Therefore, in accordance with the commenter's
suggestion, the EPA has revised the regulation to clearly state that
zero shall be the formulation limitation if the results of the
formulation limitation equation are negative. A new table has been
added to Sec. 63.1297(d)(2) to clarify the new source formulation
limitation requirements.
4. State Delegation
One comment was received requesting clarification as to what
authorities, if any, have been delegated to States. The commenter
reported that in some instances, the EPA has specified within given
Part 63 standards that certain authorities were not to be delegated to
States.
The proposal regulation was silent on the implementation and
enforcement authorities that may be delegated to States. The EPA agrees
that the regulations should specify which authorities are and are not
delegated to State and local permitting authorities. Sec. 63.1308 has
been added to the regulations to identify these authorities. The new
provisions clarify that the authority to approve alternative monitoring
plans and emission limitations shall be retained by the EPA
Administrator and not transferred to a State or local permitting
authority. The Administrator must approve alternative programs required
in Sec. 63.1303(b)(5) for monitoring HAP ABA and polyol added to the
foam production line at the mixhead. Alternative emission limitations
allowed under Sec. 63.1305(d) must also be approved by the
Administrator. These requirements are in keeping with longstanding EPA
policy that emission limits to satisfy Clean Air Act requirements for
protecting the public health, as well as the monitoring to demonstrate
compliance with those limits, must be determined by the Administrator.
C. Other Changes to the Proposed Regulation
In addition to the changes in response to public comments discussed
above, changes to the proposed rule have been made to clarify the
requirements of the regulations. These changes do not add emission
standards or requirements to the regulation. In general, they specify
aspects of the regulations that were not included in sufficient detail
in the proposed rule. The effect of these changes will be to assure
compliance with the standards while providing flexibility and
regulatory certainty for affected sources, as well as for permitting
and enforcement agencies. The changes are related to a test method for
carbon adsorption and a continuous compliance demonstration.
The proposed rule required monitoring of HAP or organic compounds
from storage vessel carbon adsorption systems to determine
breakthrough. However, the rule did not indicate the test method to use
if the owner or operator elected to monitor organic compound
concentration. Section 63.1303(a)(4) now specifies the use of Method
25A for measuring organic emissions from carbon adsorption systems.
This change clarifies the compliance requirements for carbon adsorption
system use.
The regulation has been revised to clarify what constitutes
compliance with the rule. No new emission standards or work practice
requirements have been added to the regulations. While the compliance
requirements could be inferred from the proposed regulation, the final
rule now directly states the specific actions needed and the records
required to demonstrate compliance, absent credible evidence to the
contrary. These changes will ensure compliance to protect the public
health, ensure the practical enforceability of the standards, identify
the permit terms and conditions implementing the standards, and provide
regulatory clarity for affected sources. They are in keeping with the
Agency's priorities for streamlining the regulatory process and
minimizing the burden on affected sources by clearly defining
compliance terms.
Section 63.1308 summarizes what indicates compliance with the
standards in Sec. 63.1293-63.1301, absent credible evidence to the
contrary, as well as what constitutes a violation of the standard, for
each requirement in the rule. Facility owners will not have to
speculate on how compliance with a particular requirement may be
interpreted. For regulating agencies, these provisions identify the
terms and conditions that could be included in the permit. The
provisions thus increase regulatory certainty, minimize the amount of
time spent developing and reviewing permit terms, and ensure
enforceability.
The provisions of Secs. 63.1306(g) and 63.1308 do not, and are not
intended to, alter or affect the requirements of 40 CFR part 70 for the
purposes of addressing the requirements of this subpart, or any
applicable requirements, in part 70 permits. Sources required to have a
Title V operating permit must submit annual compliance certifications
consistent with Sec. 70.6(c)(5) applicable to all permit terms and
conditions, which include applicable requirements such as subpart III.
The certification requirements of part 70 require a statement from part
70 sources that, based on information and belief formed after
reasonable inquiry, the statments and information in certifications--
including annual compliance certifications--are true, accurate, and
complete (40 CFR 70.5(d) and 71.5(d)). While a part 70 compliance
certification may be used to satisfy the requirements of
Sec. 63.1306(g) (see Sec. 63.1306(g)(2)) the annual compliance
certification required by Sec. 63.1306(g) may not be used to satisfy
the compliance certification requirements of part 70, for purposes of
part 70 permits that include subpart III as an applicable requirement.
In addition to the clarifying changes noted above, the EPA has
removed the requirement that each facility develop, maintain, and
implement a startup, shutdown, and malfunction plan.
The General Provisions include the requirements for a startup,
shutdown, and malfunction plan in Sec. 63.6(e)(3). A table of the
proposed rule indicated that the provisions of Sec. 63.6 were
applicable to flexible polyurethane foam production affected sources.
In the exercise of improving the clarity of the rule, the EPA decided
that it would be more apparent to affected sources if the provisions
related to the startup, shutdown, and malfunction were included in this
rule, rather than simply referring to subpart A. However, in adding
these provisions, the EPA concluded that they were not appropriate for
the flexible polyurethane foam production industry. Therefore, the
final rule has removed the requirement that flexible polyurethane foam
affected sources create and implement a startup, shutdown, and
malfunction plan. This is indicated by a ``NO'' in the General
[[Page 53993]]
Provisions table (Table 2) of the final rule for Sec. 63.6(e)(3). The
rationale for this conclusion is briefly discussed below.
The fundamental problem in applying the General Provisions startup,
shutdown, and malfunction provisions to flexible polyurethane foam
production facilities is defining a startup and a shutdown. The foam
production process is intermittant in nature and, based on the EPA's
knowledge of the industry, every foam production process will undergo
at least one routine ``startup'' and one routine ``shutdown'' per day.
The EPA never intended that these routine activities be addressed by
the startup, shutdown, and malfunction plan.
The intent of the startup, shutdown, and malfunction plan is to
identify methods to reduce excess emissions that may occur during these
events when air pollution is emitted in quantities greater than
anticipated by the standard. Given the comprehensive approach of
subpart III to regulate emissions by restricting the amount of HAP
used, the EPA does not believe that, for foam production facilities,
startups, shutdowns, or malfunctions provide the opportunity for excess
emissions not already anticipated in the regulation. Finally, as
discussed in section I.A, two of the HAP used and potentially emitted
during malfunctions by the flexible polyurethane foam industry (2,4-
toluene diisocyanate and propylene oxide) are subject to the risk
management program rule requirements under section 112(r) of the 1990
Clean Air Act Amendments.
V. Administrative Requirements
A. Docket
A record has been established for this rulemaking under docket
number A-95-48. The record includes printed, paper versions of comments
and data submitted electronically. A public version of this record,
which does not include any information included as CBI, is available
for inspection from 8:00 a.m. to 5:30 p.m. Monday-Friday, excluding
legal holidays. The public record is located in the Air & Radiation
Docket & Information Center, Room M1500, 401 M Street SW, Washington,
DC 20460.
Response-to-Comment Document. The response-to-comment document for
the promulgated standards contains: (1) A summary of the public
comments made on the proposed standards and the Administrator's
response to the comments; and (2) a summary of the changes made to the
standards since proposal. The document may be obtained from the U.S.
EPA Library (MD-35), Research Triangle Park, North Carolina 27711,
telephone (919) 541-2777. It may also be obtained from the National
Technical Information Services, 5285 Port Royal Road, Springfield,
Virginia 22151, telephone (703) 487-4650. Please refer to ``Hazardous
Air Pollutant Emissions from the Flexible Polyurethane Foam Production
Industry--Basis and Purpose Document for Final Standards, Summary of
Public Comments and Responses'' (EPA-453/R-97-008b, December 1997).
This document is also located in the docket (Docket Item No. V-B-1) and
is available for downloading from the Technology Transfer Network
(TTN). The TTN is one of the EPA's electronic bulletin boards. The TTN
provides information and technology exchange in various areas of air
pollution control. The service is free except for the cost of a phone
call. Dial (919) 541-5742 for up to a 14,400 bps modem, or connect
through the internet to the following address: ``www.epa.gov/ttn/
oarpg''. If more information on the Technology Transfer Network is
needed, call the HELP line at (919) 541-5384.
Previous Background Documents. Other materials related to this
rulemaking are available for review in the docket. The Basis and
Purpose Document, which contains the rationale for the various
components of the standard, is available in the docket and on the TTN.
This document is entitled ``Hazardous Air Pollutant Emissions from the
Production of Flexible Polyurethane Foam--Basis and Purpose Document
for Proposed Standards,'' September 1996, and has been assigned
document number EPA-453/D-96-008a.
Some of the technical memoranda have been compiled into a single
document, the Supplementary Information Document (SID), to allow
interested parties more convenient access to the information. The SID
is available in the docket (Docket No. A-95-48 Category III-B), and, in
limited supply, from the EPA Library by calling (919) 541-2777. The
document is entitled Hazardous Air Pollutant Emissions from the
Production of Flexible Polyurethane Foam--Supplementary Information
Document for Proposed Standards, October 1996, and has been assigned
document number EPA-453/D-96-009a.
B. Executive Order 12866
Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in
standards 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 entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
C. Applicability of Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
D. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0357.
The public reporting burden for this collection of information is
estimated to
[[Page 53994]]
average 101 hours per respondent per year. The average burden for the
78 affected slabstock foam producers is somewhat higher than this
estimate, due to their monthly recordkeeping and semiannual reporting
requirements, while the average burden for the 98 affected molded foam
manufacturers is less than 101 hours, since they are only required to
submit an initial one-time notification of compliance. No cost burden
associated with the purchase of new equipment or technology is
estimated to result from this collection of information. These
estimates include 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
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The EPA
is amending the table in 40 CFR Part 9 of currently approved ICR
control numbers issued by OMB for various regulations to list the
information requirements contained in this final rule.
E. Regulatory Flexibility Act
The EPA has determined that 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.
Due to insufficient data on the ownership of the plants in the
flexible polyurethane foam industry, an analysis of each parent company
in the industry was not feasible. Consequently, the EPA used data
collected in the section 114 survey to evaluate the impact on small
businesses based on model facilities. That analysis indicates that
there is a total of approximately 121 businesses (31 slabstock, 90
molded) that are affected by the promulgated regulation, of which
approximately 71 are small businesses (18 slabstock, 53 molded).
The calculation of average compliance costs as a percent of
revenues is less than one percent for nearly all model facilities in
the analysis. The analysis also indicates a potential for business
closures ranging from 0 to 3 of the total number of estimated entities.
However, because there is insufficient data to determine the exact size
of the plants that may close, the analysis cannot determine if these
impacts will occur at small businesses. Given the results of the
analysis and the use of worst-case assumptions in the closure analysis,
the EPA believes that the effect of the promulgated regulation on small
businesses will be minimal.
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), as amended, Pub. L. 104-121, 110 Stat. 847, the EPA
certifies that this rule will not have a significant economic impact on
a substantial number of small entities and therefore no initial
regulatory flexibility analysis under section 604(a) of the Act is
required.
F. Submission to Congress and the Comptroller General
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. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. 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).
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, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objectives of the
rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in aggregate, or the private
sector in any one year, nor does the rule significantly or uniquely
impact small governments, because it contains no requirements that
apply to such governments or impose obligations upon them. Thus, the
requirements of the UMRA do not apply to this rule.
H. Executive Order 12875: Enhancing Intergovernmental Partnerships
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, the EPA must
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
State, local and tribal governments, the nature of their concerns,
copies of any written communications from the governments, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 12875 requires the EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule implements requirements specifically set forth by the
Congress in Section 112 of the Clean Air Act without the exercise of
any discretion by the EPA. Accordingly, the requirements of section
1(a) of Executive Order 12875 do not apply to this rule.
[[Page 53995]]
I. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, the EPA may not issue a regulation
that is not required by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, the EPA must provide to the Office of Management and Budget,
in a separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires the EPA to
develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule implements requirements specifically set forth by the
Congress in Section 112 of the Clean Air Act without the exercise of
any discretion by the EPA. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this rule.
J. Clean Air Act
In accordance with section 117 of the Act, publication of this rule
was preceded by consultation with appropriate advisory committees,
independent experts, and Federal departments and agencies.
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 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.
K. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
of 1995 (NTTAA) requires federal agencies to evaluate existing
technical standards when developing new regulations. To comply with the
NTTAA, the EPA must consider and use ``voluntary consensus standards''
(VCS), if available and applicable, when developing NESHAP and other
programs and policies unless doing so would be inconsistent with
applicable law or otherwise impractical.
A VCS is a technical standard developed or adopted by a legitimate
standards developing organization. The NTTAA defines ``technical
standards'' as ``performance-based or design-specific technical
specifications and related management systems practices.'' According to
NTTAA's legislative history, a ``technical standard'' pertains to
``products and processes, such as size, strength, or technical
performance of a product, process or material.'' A legitimate
standards-developing organization must produce standards by consensus
and observe the principles of due process, openness, and balance of
interests.
Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), International Organization for Standardization (ISO),
International Electrotechnical Commission (IEC), American Petroleum
Institute (API), National Fire Protection Association (NFPA) and the
Society of Automotive Engineers (SAE).
The well-known American National Standards Institute (ANSI)
evaluates the standards development processes of these bodies, and when
requested by one of them, certifies standards meeting the above
criteria as American National Standards. Such a designation is an
important indicator for determining whether a given standard qualifies
as a legitimate VCS.
In developing the flexible polyurethane foam regulation, the EPA
searched for potentially useful VCS. This search included the use of
the National Standards System Network and the National Center for
Standards for Certification Information. The Agency also conducted
extensive conversations with the affected industry and other
stakeholders. In response to this information, the regulation includes
two VCS--ASTM D3574 and National Institute of Standards and Technology
Handbook 44. ASTM D3574 is used to determine IFD and density of
slabstock foam buns. Transfer vehicle weight may be determined by using
the procedures contained in the National Institute of Standards and
Technology Handbook 44. These VCS were selected for incorporation by
reference because they provide the proper information with sufficient
accuracy for this rule.
The EPA is not required to give deference under NTTAA to a standard
that does not qualify as a VCS. Sight gauges and other level
measurement devices, which are commonly used in the industry, do not
qualify as VCS. However, the Agency did elect to utilize such devices
to measure HAP ABA added to storage vessels in slabstock flexible
polyurethane foam facilities. These requirements are described in
Section II. C.4. of this preamble. The decision to adopt common
industry practices reflects the Agency's commitment to reduce costs to
the private sector where technically feasible and in accordance with
Clean Air Act requirements.
List of Subjects in 40 CFR Parts 9 and 63
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Reporting and recordkeeping
requirements.
Dated: September 15, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, parts 9 and 63 of title
40, chapter I of the Code of Federal Regulations are amended as
follows:
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. Section 9.1 is amended by adding the new entries to the table
under the indicated heading in numerical order to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
63.1290--63.1309........................................... 2060-0357
* * * * *
------------------------------------------------------------------------
[[Page 53996]]
National Emission Standards for Hazardous Air Pollutants for Source
Categories3
---------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the Table encompass
the applicable general, provisions contained in 40 CFR part 63,
subpart A, which are not independent information collection
requirements.
---------------------------------------------------------------------------
* * * * * *
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR AFFECTED SOURCE CATEGORIES
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
Subpart A--General Provisions
4. Section 63.14 is amended by revising paragraph (b) introductory
text, and adding paragraphs (b)(20) and (e) to read as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(b) The materials listed below are available for purchase from at
least one of the following addresses: American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI
48106.
* * * * *
(20) ASTM D3574-91, Standard Test Methods for Flexible Cellular
Materials--Slab, Bonded, and Molded Urethane Foams, IBR approved for
Sec. 63.1304(b).
* * * * *
(e) The materials listed below are available for purchase from the
National Institute of Standards and Technology, Springfield, VA 22161,
(800) 553-6847.
(1) Handbook 44, Specificiations, Tolerances, and Other Technical
Requirements for Weighing and Measuring Devices 1998, IBR approved for
Sec. 63.1303(e)(3).
(2) [Reserved]
5. Part 63 is amended by adding subpart III to read as follows:
Subpart III--National Emission Standards for Hazardous Air Pollutants
for Flexible Polyurethane Foam Production
Sec.
63.1290 Applicability.
63.1291 Compliance schedule.
63.1292 Definitions.
63.1293 Standards for slabstock flexible polyurethane foam
production.
63.1294 Standards for slabstock flexible polyurethane foam
production--diisocyanate emissions.
63.1295 Standards for slabstock flexible polyurethane foam
production--HAP ABA storage vessels.
63.1296 Standards for slabstock flexible polyurethane foam
production--HAP ABA equipment leaks.
63.1297 Standards for slabstock flexible polyurethane foam
production--HAP ABA emissions from the production line.
63.1298 Standards for slabstock flexible polyurethane foam
production--HAP emissions from equipment cleaning.
63.1299 Standards for slabstock flexible polyurethane foam
production--source-wide emission limitation.
63.1300 Standards for molded flexible polyurethane foam production.
63.1301 Standards for rebond foam production.
63.1302 Applicability of subpart A requirements.
63.1303 Monitoring requirements.
63.1304 Testing requirements.
63.1305 Alternative means of emission limitation.
63.1306 Reporting requirements.
63.1307 Recordkeeping requirements.
63.1308 Compliance demonstrations.
63.1309 Delegation of authority.
Appendix to Subpart III--Tables
Subpart III--National Emission Standards for Hazardous Air
Pollutants for Flexible Polyurethane Foam Production
Sec. 63.1290 Applicability.
(a) The provisions of this subpart apply to each new and existing
flexible polyurethane foam or rebond foam process that meets the
criteria listed in paragraphs (a)(1) through (3) of this section.
(1) Produces flexible polyurethane or rebond foam;
(2) Emits a HAP, except as provided in paragraph (c)(2) of this
section; and
(3) Is located at a plant site that is a major source, as defined
in Sec. 63.2 of subpart A.
(b) For the purpose of this subpart, an affected source includes
all processes meeting the criteria in paragraphs (a)(1) through (a)(3)
of this section that are located at a contiguous plant site, with the
exception of those processes listed in paragraph (c) of this section.
(c) A process meeting one of the following criteria listed in
paragraphs (c)(1) through (3) of this section shall not be subject to
the provisions of this subpart:
(1) A process exclusively dedicated to the fabrication of flexible
polyurethane foam;
(2) A research and development process; or
(3) A slabstock flexible polyurethane foam process at a plant site
where the total amount of HAP, excluding diisocyanate reactants, used
for slabstock foam production and foam fabrication is less than or
equal to five tons per year, provided that slabstock foam production
and foam fabrication processes are the only processes at the plant site
that emit HAP. The amount of non-diisocyanate HAP used,
HAPused, shall be calculated using Equation 1. Owners or
operators of slabstock foam processes exempt from the regulation in
accordance with this paragraph shall maintain records to verify that
total non-diisocyanate HAP use at the plant site is less than 5 tons
per year (4.5 megagrams per year).
[GRAPHIC] [TIFF OMITTED] TR07OC98.012
Where,
HAPused = amount of HAP, excluding diisocyanate reactants,
used at the plant site for slabstock foam production and foam
fabrication, tons per year
VOLABA,i = volume of HAP ABA i used at the facility, gallons
per year
DABA,i = density of HAP ABA i, pounds per gallon
m = number of HAP ABAs used
VOLclean,j = volume of HAP used as an equipment cleaner,
gallons per year
Dclean,j = density of HAP equipment cleaner j, pounds per
gallon
WTHAPclean,k = HAP content of equipment cleaner j, weight
percent
n = number of HAP equipment cleaners used
VOLadh,k = volume of adhesive k, gallons per year
Dadh,k = density of adhesive k, pounds per gallon
WTHAPadh,k = HAP content of adhesive k, weight percent
o = number of adhesives used
Sec. 63.1291 Compliance schedule.
(a) Existing affected sources shall be in compliance with all
provisions of this subpart no later than October 8, 2001.
(b) New or reconstructed affected sources shall be in compliance
with all provisions of this subpart upon initial startup.
[[Page 53997]]
Sec. 63.1292 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act, in subpart A of this part, and in this section. If a term is
defined in subpart A and in this section, it shall have the meaning
given in this section for purposes of this subpart.
Auxiliary blowing agent, or ABA, means a low-boiling point liquid
added to assist foaming by generating gas beyond that resulting from
the isocyanate-water reaction.
Breakthrough means that point in the adsorption step when the mass
transfer zone (i.e., the section of the carbon bed where the HAP is
removed from the carrier gas stream) first reaches the carbon bed
outlet as the mass transfer zone moves down the bed in the direction of
flow. The breakthrough point is characterized by the beginning of a
sharp increase in the outlet HAP or organic compound concentration.
Calibrate means to verify the accuracy of a measurement device
against a known standard. For the purpose of this subpart, there are
two levels of calibration. The initial calibration includes the
verification of the accuracy of the device over the entire operating
range of the device. Subsequent calibrations can be conducted for a
point or several points in a limited range of operation that represents
the most common operation of the device.
Canned motor pump means a pump with interconnected cavity housings,
motor rotors, and pump casing. In a canned motor pump, the motor
bearings run in the process liquid and all seals are eliminated.
Carbon adsorption system means a system consisting of a tank or
container that contains a specific quantity of activated carbon. For
the purposes of this subaprt, a carbon adsorption system is used as a
control device for storage vessels. Typically, the spent carbon bed
does not undergo regeneration, but is replaced.
Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of equipment. A
common connector is a flange. Joined fittings welded completely around
the circumference of the interface are not considered to be connectors
for the purposes of this subpart.
Cured foam means flexible polyurethane foam with fully developed
physical properties. A period of 12 to 24 hours from pour is typically
required to completely cure foam, although mechanical or other devices
are sometimes used to accelerate the curing process.
Curing area means the area in a slabstock foam production facility
where foam buns are allowed to fully develop physical properties.
Diaphragm pump means a pump where the driving member is a flexible
diaphragm made of metal, rubber, or plastic. In a diaphragm pump, there
is no packing or seals that are exposed to the process liquid.
Diisocyanate means a compound containing two isocyanate groups per
molecule. The most common diisocyanate compounds used in the flexible
polyurethane foam industry are toluene diisocyanate (TDI) and methylene
diphenyl diisocyanate (MDI).
Flexible polyurethane foam means a flexible cellular polymer
containing urea and carbamate linkages in the chain backbone produced
by reacting a diisocyanate, polyol, and water. Flexible polyurethane
foams are open-celled, permit the passage of air through the foam, and
possess the strength and flexibility to allow repeated distortion or
compression under stress with essentially complete recovery upon
removal of the stress.
Flexible polyurethane foam process means the equipment used to
produce a flexible polyurethane foam product. For the purpose of this
subpart, the flexible polyurethane foam process includes raw material
storage; production equipment and associated piping, ductwork, etc.;
and curing and storage areas.
Foam fabrication process means an operation for cutting or bonding
flexible polyurethane foam pieces together or to other substrates.
Grade of foam means foam with a distinct combination of indentation
force deflection (IFD) and density values.
HAP ABA means methylene chloride, or any other HAP compound used as
an auxiliary blowing agent.
HAP-based means to contain 5 percent (by weight) or more of HAP.
This applies to equipment cleaners (and mixhead flushes) and mold
release agents. The concentration of HAP may be determined using EPA
test method 18, material safety data sheets, or engineering
calculations.
High-pressure mixhead means a mixhead where mixing is achieved by
impingement of the high pressure streams within the mixhead.
Indentation Force Deflection (IFD) means a measure of the load
bearing capacity of flexible polyurethane foam. IFD is generally
measured as the force (in pounds) required to compress a 50 square inch
circular indentor foot into a four inch thick sample, typically 15
inches square or larger, to 25 percent of the sample's initial height.
In diisocyanate service means a piece of equipment that contains or
contacts a diisocyanate.
In HAP ABA service means a piece of equipment that contains or
contacts a HAP ABA.
Initial startup means the first time a new or reconstructed
affected source begins production of flexible polyurethane foam.
Isocyanate means a reactive chemical grouping composed of a
nitrogen atom bonded to a carbon atom bonded to an oxygen atom; or a
chemical compound, usually organic, containing one or more isocyanate
groups.
Magnetic drive pump means a pump where an externally-mounted magnet
coupled to the pump motor drives the impeller in the pump casing. In a
magnetic drive pump, no seals contact the process fluid.
Metering pump means a pump used to deliver reactants, ABA, or
additives to the mixhead.
Mixhead means a device that mixes two or more component streams
before dispensing foam producing mixture to the desired container.
Molded flexible polyurethane foam means a flexible polyurethane
foam that is produced by shooting the foam mixture into a mold of the
desired shape and size.
Mold release agent means any material which, when applied to the
mold surface, serves to prevent sticking of the foam part to the mold.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or otherwise operated by the same entity, parent
entity, subsidiary, or any combination thereof.
Polyol, for the purpose of this subpart, means a polyether or
polyester polymer with more than one reactive hydroxyl group attached
to the molecule.
Rebond foam means the foam resulting from a process of adhering
small particles of foam (usually scrap or recycled foam) together to
make a usable cushioning product. Various adhesives and bonding
processes are used. A typical application for rebond foam is for carpet
underlay.
Rebond foam process means the equipment used to produce a rebond
foam product. For the purpose of this subpart, the rebond foam process
includes raw material storage; production equipment and associated
piping, ductwork, etc.; and curing and storage areas.
Reconstructed source means an affected source undergoing
[[Page 53998]]
reconstruction, as defined in subpart A. For the purposes of this
subpart, process modifications made to reduce HAP ABA emissions to meet
the existing source requirements of this subpart shall not be counted
in determining whether or not a change or replacement meets the
definition of reconstruction.
Recovery device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals for use, reuse, or
sale. Recovery devices include, but are not limited to, carbon
adsorbers, absorbers, and condensers.
Research and development process means a laboratory or pilot plant
operation whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and which is not
engaged in the manufacture of products for commercial sale except in a
de minimis manner.
Run of foam means a continuous production of foam, which may
consist of several grades of foam.
Sealless pump means a canned-motor pump, diaphragm pump, or
magnetic drive pump, as defined in this section.
Slabstock flexible polyurethane foam means flexible polyurethane
foam that is produced in large continuous buns that are then cut into
the desired size and shape.
Slabstock flexible polyurethane foam production line includes all
portions of the flexible polyurethane foam process from the mixhead to
the point in the process where the foam is completely cured.
Storage vessel means a tank or other vessel that is used to store
diisocyanate or HAP ABA for use in the production of flexible
polyurethane foam. Storage vessels do not include vessels with
capacities smaller than 38 cubic meters (or 10,000 gallons).
Transfer pump means all pumps used to transport diisocyanate or HAP
ABA that are not metering pumps.
Transfer vehicle means a railcar, tank truck, or other vehicle used
to transport HAP ABA to the flexible polyurethane foam facility.
Sec. 63.1293 Standards for slabstock flexible polyurethane foam
production.
Each owner or operator of a new or existing slabstock affected
source shall comply with Sec. 63.1294 and either paragraph (a) or (b)
of this section:
(a) The emission point specific limitations in Secs. 63.1295
through 63.1298; or
(b) For sources that use no more than one HAP as an ABA and an
equipment cleaner, the source-wide emission limitation in Sec. 63.1299.
Sec. 63.1294 Standards for slabstock flexible polyurethane foam
production--diisocyanate emissions.
Each new and existing slabstock affected source shall comply with
the provisions of this section.
(a) Diisocyanate storage vessels. Diisocyanate storage vessels
shall be equipped with either a system meeting the requirements in
paragraph (a)(1) of this section, or a carbon adsorption system meeting
the requirements of paragraph (a)(2) of this section.
(1) The storage vessel shall be equipped with a vapor return line
from the storage vessel to the tank truck or rail car that is connected
during unloading.
(i) During each unloading event, the vapor return line shall be
inspected for leaks by visual, audible, or any other detection method.
(ii) When a leak is detected, it shall be repaired as soon as
practicable, but not later than the subsequent unloading event.
(2) The storage vessel shall be equipped with a carbon adsorption
system, meeting the monitoring requirements of Sec. 63.1303(a), that
routes displaced vapors through activated carbon before being
discharged to the atmosphere. The owner or operator shall replace the
existing carbon with fresh carbon upon indication of breakthrough
before the next unloading event.
(b) Transfer pumps in diisocyanate service. Each transfer pump in
diisocyanate service shall meet the requirements of paragraph (b)(1) or
(b)(2) of this section.
(1) The pump shall be a sealless pump; or
(2) The pump shall be a submerged pump system meeting the
requirements in paragraphs (b)(2)(i) through (iii) of this section.
(i) The pump shall be completely immersed in bis(2-
ethylhexyl)phthalate (DEHP, CAS #118-81-7), 2(methyloctyl)phthalate
(DINP, CAS #68515-48-0), or another neutral oil.
(ii) The pump shall be visually monitored weekly to detect leaks,
(iii) When a leak is detected, it shall be repaired in accordance
with the procedures in paragraphs (b)(2)(iii)(A) and (B) of this
section, except as provided in paragraph (d) of this section.
(A) The leak shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected.
(B) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected. First attempts at repair
include, but are not limited to, the following practices where
practicable:
(1) Tightening of packing gland nuts.
(2) Ensuring that the seal flush is operating at design pressure
and temperature.
(c) Other components in diisocyanate service. If evidence of a leak
is found by visual, audible, or any other detection method, it shall be
repaired as soon as practicable, but not later than 15 calendar days
after it is detected, except as provided in paragraph (d) of this
section. The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(d) Delay of repair. (1) Delay of repair of equipment for which
leaks have been detected is allowed for equipment that is isolated from
the process and that does not remain in diisocyanate service.
(2) Delay of repair for valves and connectors is also allowed if:
(i) The owner or operator determines that diisocyanate emissions of
purged material resulting from immediate repair are greater than the
fugitive emissions likely to result from delay of repair, and
(ii) The purged material is collected and destroyed or recovered in
a control device when repair procedures are effected.
(3) Delay of repair for pumps is also allowed if repair requires
replacing the existing seal design with a sealless pump, and repair is
completed as soon as practicable, but not later than 6 months after the
leak was detected.
Sec. 63.1295 Standards for slabstock flexible polyurethane foam
production--HAP ABA storage vessels.
Each owner or operator of a new or existing slabstock affected
source complying with the emission point specific limitation option
provided in Sec. 63.1293(a) shall control HAP ABA storage vessels in
accordance with the provisions of this section.
(a) Each HAP ABA storage vessel shall be equipped with either a
vapor balance system meeting the requirements in paragraph (b) of this
section, or a carbon adsorption system meeting the requirements of
paragraph (c) of this section.
(b) The storage vessel shall be equipped with a vapor balance
system. The owner or operator shall ensure that the vapor return line
from the storage vessel to the tank truck or rail car is connected
during unloading.
(1) During each unloading event, the vapor return line shall be
inspected for leaks by visual, audible, olfactory, or any other
detection method.
(2) When a leak is detected, it shall be repaired as soon as
practicable, but not later than the subsequent unloading event.
[[Page 53999]]
(c) The storage vessel shall be equipped with a carbon adsorption
system, meeting the monitoring requirements of Sec. 63.1303(a), that
routes displaced vapors through activated carbon before discharging to
the atmosphere. The owner or operator shall replace the existing carbon
with fresh carbon upon indication of breakthrough before the next
unloading event.
Sec. 63.1296 Standards for slabstock flexible polyurethane foam
production--HAP ABA equipment leaks.
Each owner or operator of a new or existing slabstock affected
source complying with the emission point specific limitation option
provided in Sec. 63.1293(a) shall control HAP ABA emissions from leaks
from transfer pumps, valves, connectors, pressure-relief valves, and
open-ended lines in accordance with the provisions in this section.
(a) Pumps. Each pump in HAP ABA service shall be controlled in
accordance with either paragraph (a)(1) or (a)(2) of this section.
(1) The pump shall be a sealless pump, or
(2) Each pump shall be monitored for leaks in accordance with
paragraphs (a)(2)(i) and (ii) of this section. Leaks shall be repaired
in accordance with paragraph (a)(2)(iii) of this section.
(i) Each pump shall be monitored quarterly to detect leaks by the
method specified in Sec. 63.1304(a). If an instrument reading of 10,000
parts per million (ppm) or greater is measured, a leak is detected.
(ii) Each pump shall be checked by visual inspection each calendar
week for indications of liquids dripping from the pump seal. If there
are indications of liquids dripping from the pump seal, a leak is
detected.
(iii) When a leak is detected, it shall be repaired in accordance
with the procedures in paragraphs (a)(2)(iii)(A) and (B) of this
section, except as provided in paragraph (f) of this section.
(A) The leak shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected.
(B) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected. First attempts at repair
include, but are not limited to, the following practices, where
practicable:
(1) Tightening of packing gland nuts.
(2) Ensuring that the seal flush is operating at design pressure
and temperature.
(b) Valves. Each valve in HAP ABA service shall be monitored for
leaks in accordance with paragraph (b)(1) of this section, except as
provided in paragraphs (b)(3) and (4) of this section. Leaks shall be
repaired in accordance with paragraph (b)(2) of this section.
(1) Each valve shall be monitored quarterly to detect leaks by the
method specified in Sec. 63.1304(a). If an instrument reading of 10,000
parts per million or greater is measured, a leak is detected.
(2) When a leak is detected, the owner or operator shall repair the
leak in accordance with the procedures in paragraphs (b)(2)(i) and (ii)
of this section, except as provided in paragraph (f) of this section.
(i) The leak shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected. First attempts at repair
include, but are not limited to, the following practices where
practicable:
(A) Tightening of bonnet bolts;
(B) Replacement of bonnet bolts;
(C) Tightening of packing gland nuts; and
(D) Injection of lubricant into lubricated packing.
(3) Any valve that is designated as an unsafe-to-monitor valve is
exempt from the requirements of paragraphs (b)(1) and (2) of this
section if:
(i) The owner or operator of the valve determines that the valve is
unsafe to monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraphs (b)(1)
and (2) of this section; and
(ii) The owner or operator of the valve has a written plan that
requires monitoring of the valve as frequently as practicable during
safe-to-monitor times. The plan shall also include requirements for
repairing leaks as soon as possible after detection.
(iii) The owner or operator shall monitor the unsafe-to-monitor
valve in accordance with the written plan, and
(iv) The owner or operator shall repair leaks in accordance with
the written plan.
(4) Any valve that is designated as a difficult-to-monitor valve is
exempt from the requirements of paragraphs (b)(1) and (2) of this
section if:
(i) The owner or operator of the valve determines that the valve
cannot be monitored without elevating the monitoring personnel more
than 2 meters above a support surface or it is not accessible at any
time in a safe manner;
(ii) The process within which the valve is located is an existing
source, or the process within which the valve is located is a new
source that has less than 3 percent of the total number of valves
designated as difficult to monitor; and
(iii) The owner or operator of the valve develops a written plan
that requires monitoring of the valve at least once per calendar year.
The plan shall also include requirements for repairing leaks as soon as
possible after detection.
(iv) The owner or operator shall monitor the difficult-to-monitor
valve in accordance with the written plan, and
(v) The owner or operator shall repair leaks in accordance with the
written plan.
(c) Connectors. Each connector in HAP ABA service shall be
monitored for leaks in accordance with paragraph (c)(1) of this
section, except as provided in paragraph (c)(3) of this section. Leaks
shall be repaired in accordance with (c)(2) of this section, except as
provided in paragraph (c)(4) of this section.
(1) Connectors shall be monitored at the times specified in
paragraphs (c)(1)(i) through (iii) of this section to detect leaks by
the method specified in Sec. 63.1304(a). If an instrument reading of
10,000 ppm or greater is measured, a leak is detected.
(i) Each connector shall be monitored annually, and
(ii) Each connector that has been opened or has otherwise had the
seal broken shall be monitored for leaks within the first 3 months
after being returned to HAP ABA service.
(iii) If a leak is detected, the connector shall be monitored for
leaks in accordance with paragraph (c)(1) of this section within the
first 3 months after its repair.
(2) When a leak is detected, it shall be repaired in accordance
with the procedures in paragraphs (c)(2)(i) and (ii) of this section,
except as provided in paragraph (c)(4) and paragraph (f) of this
section.
(i) The leak shall be repaired as soon as practicable, but no later
than 15 calendar days after the leak is detected.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected.
(3) Any connector that is designated as an unsafe-to-monitor
connector is exempt from the requirements of paragraph (c)(1) of this
section if:
(i) The owner or operator determines that the connector is unsafe
to monitor because personnel would be exposed to an immediate danger as
a result of complying with paragraph (c)(1) of this section; and
(ii) The owner or operator has a written plan that requires
monitoring of the connector as frequently as practicable during safe-
to-monitor periods.
[[Page 54000]]
(4) Any connector that is designated as an unsafe-to-repair
connector is exempt from the requirements of paragraph (c)(2) of this
section if:
(i) The owner or operator determines that repair personnel would be
exposed to an immediate danger as a consequence of complying with
paragraph (c)(2) of this section; and
(ii) The connector will be repaired as soon as practicable, but not
later than 6 months after the leak was detected.
(d) Pressure-relief devices. Each pressure-relief device in HAP ABA
service shall be monitored for leaks in accordance with paragraph
(d)(1) of this section. Leaks shall be repaired in accordance with
paragraph (d)(2) of this section.
(1) Each pressure-relief device in HAP ABA service shall be
monitored within 5 calendar days by the method specified in
Sec. 63.1304(a) if evidence of a potential leak is found by visual,
audible, olfactory, or any other detection method. If an instrument
reading of 10,000 ppm or greater is measured, a leak is detected.
(2) When a leak is detected, the leak shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in paragraph (f) of this section.
The owner or operator shall make a first attempt at repair no later
than 5 calendar days after the leak is detected.
(e) Open-ended valves or lines. (1)(i) Each open-ended valve or
line in HAP ABA service shall be equipped with a cap, blind flange,
plug, or a second valve, except as provided in paragraph (e)(4) of this
section.
(ii) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring process fluid
flow through the open-ended valve or line, or during maintenance or
repair.
(2) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the process fluid
end is closed before the second valve is closed.
(3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph
(e)(1) of this section at all other times.
(4) Open-ended valves or lines in an emergency shutdown system
which are designed to open automatically in the event of a process
upset are exempt from the requirements of paragraphs (e)(1), (2), and
(3) of this section.
(f) Delay of repair. (1) Delay of repair of equipment for which
leaks have been detected is allowed for equipment that is isolated from
the process and that does not remain in HAP ABA service.
(2) Delay of repair for valves and connectors is also allowed if:
(i) The owner or operator determines that emissions of purged
material resulting from immediate repair are greater than the fugitive
emissions likely to result from delay of repair, and
(ii) The purged material is collected and destroyed or recovered in
a control device when repair procedures are effected.
(3) Delay of repair for pumps is also allowed if repair requires
replacing the existing seal design with a sealless pump, and repair is
completed as soon as practicable, but not later than 6 months after the
leak was detected.
Sec. 63.1297 Standards for slabstock flexible polyurethane foam
production--HAP ABA emissions from the production line.
(a) Each owner or operator of a new or existing slabstock affected
source complying with the emission point specific limitation option
provided in Sec. 63.1293(a)(1) shall control HAP ABA emissions from the
slabstock polyurethane foam production line in accordance with the
provisions in this section. Compliance shall be determined on a rolling
annual basis as described in paragraph (a)(1) of this section. As an
alternative, the owner or operator can determine compliance on a
monthly basis, as described in paragraph (a)(2) of this section.
(1) Rolling annual compliance. In determining compliance on a
rolling annual basis, actual HAP ABA emissions shall be compared to
allowable HAP ABA emissions for each consecutive 12-month period. The
allowable HAP ABA emission level shall be calculated based on the
production for the 12-month period, resulting in a potentially
different allowable level for each 12-month period. Compliance shall be
determined each month for the previous 12-month period. The compliance
requirements are provided in paragraph (b) of this section.
(2) Monthly compliance alternative. As an alternative to
determining compliance on a rolling annual basis, an owner or operator
can determine compliance by comparing actual HAP ABA emissions to
allowable HAP ABA emissions for each month. The allowable HAP ABA
emission level shall be calculated based on the production for the
month, resulting in a potentially different allowable level each month.
The requirements for this monthly compliance alternative are provided
in paragraph (c) of this section.
(3) Each owner or operator electing to change between the
compliance methods described under paragraphs (a)(1) and (a)(2) of this
section shall notify the Administrator no later than 180 calendar days
prior to the change.
(b) Rolling annual compliance. At each slabstock foam production
source complying with the rolling annual compliance provisions
described in paragraph (a)(1) of this section, actual HAP ABA emissions
shall not exceed the allowable HAP ABA emission level for a consecutive
12-month period. The actual HAP ABA emission level for a consecutive
12-month period shall be determined using the procedures in paragraph
(b)(1) of this section, and the allowable HAP ABA emission level for
the corresponding 12-month period shall be calculated in accordance
with paragraph (b)(2) of this section.
(1) The actual HAP ABA emissions for a 12-month period shall be
calculated as the sum of actual monthly HAP ABA emissions for each of
the individual 12 months in the period. Actual monthly HAP ABA
emissions shall be equal to the amount of HAP ABA added to the
slabstock foam production line at the mixhead, determined in accordance
with Sec. 63.1303(b), unless a recovery device is used. Slabstock foam
production sources using recovery devices to reduce HAP ABA emissions
shall determine actual monthly HAP ABA emissions using the procedures
in paragraph (e) of this section.
(2) The allowable HAP ABA emissions for a consecutive 12-month
period shall be calculated as the sum of allowable monthly HAP ABA
emissions for each of the individual 12 months in the period. Allowable
HAP ABA emissions for each individual month shall be calculated using
Equation 2.
[GRAPHIC] [TIFF OMITTED] TR07OC98.004
[[Page 54001]]
Where:
emissallow,month = Allowable HAP ABA emissions from the
slabstock foam production source for the month, pounds.
m = Number of slabstock foam production lines.
polyoli = Amount of polyol used in the month in the
production of foam grade i on foam production line j, determined in
accordance with paragraph (b)(3) of this section, pounds.
n = Number of foam grades produced in the month on foam production line
j.
limiti = HAP ABA formulation limit for foam grade i, parts
HAP ABA per 100 parts polyol. The HAP ABA formulation limits are
determined in accordance with paragraph (d) of this section.
(3) The amount of polyol used for specific foam grades shall be
based on the amount of polyol added to the slabstock foam production
line at the mixhead, determined in accordance with the provisions of
Sec. 63.1303(b).
(c) Monthly compliance alternative. At each slabstock foam
production source complying with the monthly compliance alternative
described in paragraph (a)(2) of this section, actual HAP ABA emissions
shall not exceed the corresponding allowable HAP ABA emission level for
the same month. The actual monthly HAP ABA emission level shall be
determined using the procedures in paragraph (c)(1) of this section,
and the allowable monthly HAP ABA emission level shall be calculated in
accordance with paragraph (c)(2) of this section.
(1) The actual monthly HAP ABA emissions shall be equal to the
amount of HAP ABA added to the slabstock foam production line at the
mixhead, determined in accordance with Sec. 63.1303(b), unless a
recovery device is used. Slabstock foam production sources using
recovery devices to reduce HAP ABA emissions shall determine actual
monthly HAP ABA emissions using the procedures in paragraph (e) of this
section.
(2) The allowable HAP ABA emissions for the month shall be
determined in accordance with Equation 2 of this section.
(d) HAP ABA formulation limitations. For each grade, the HAP ABA
formulation limitation shall be determined in accordance with
paragraphs (d)(1) through (d)(3) of this section. For any grade, the
owner or operator may designate zero as the HAP ABA formulation
limitation and not determine the HAP ABA formulation limitation in
accordance with paragraphs (d)(1) through (d)(3) of this section.
(1) For existing sources, the HAP ABA formulation limitation for
each grade of slabstock foam produced shall be determined using
Equation 3 of this section. Zero shall be the formulation limitation
for any grade of foam where the result of the formulation limitation
equation (Equation 3) is negative (i.e., less than zero).
[GRAPHIC] [TIFF OMITTED] TR07OC98.005
Where:
ABAlimit= HAP ABA formulation limitation, parts HAP ABA
allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.
(2) For new sources, the HAP ABA formulation limitation for each
grade of slabstock foam produced shall be determined as described in
paragraphs (d)(2)(i) through (d)(2)(iv) of this section and in Table 1
of this subpart.
(i) For each foam grade with a density of 0.95 pounds per cubic
foot or less, the HAP ABA formulation limitation shall be determined
using Equation 3. Zero shall be the formulation limitation for any
grade of foam where the result of the formulation limitation equation
(Equation 3 of this section) is negative (i.e., less than zero).
(ii) For each foam grade with a density of 1.4 pounds per cubic
foot or less, and an IFD of 15 pounds or less, the HAP ABA formulation
limitation shall be determined using Equation 3.
(iii) For each foam grade with a density greater than 0.95 pounds
per cubic foot and an IFD greater than 15 pounds, the HAP ABA
formulation limitation shall be zero.
(iv) For each foam grade with a density greater than 1.40 pounds
per cubic foot, the HAP ABA formulation limitation shall be zero.
(3) With the exception of those grades for which the owner or
operator has designated zero as the HAP ABA formulation limitation, the
IFD and density for each foam grade shall be determined in accordance
with Sec. 63.1304(b) and recorded in accordance with
Sec. 63.1307(c)(1)(i)(B) or Sec. 63.1307(c)(2)(i)(B) within 10 working
days of the production of the foam.
(e) Compliance using recovery devices. If a recovery device is used
to comply with paragraphs (b) or (c) of this section, the owner or
operator shall determine the allowable HAP ABA emissions for each month
using Equation 2 in paragraph (b)(2) of this section, and the actual
monthly HAP ABA emissions in accordance with paragraph (e)(1) of this
section. The owner or operator shall also comply with the provisions of
paragraph (e)(2) of this section.
(1) The actual monthly HAP ABA emissions shall be determined using
Equation 4:
[GRAPHIC] [TIFF OMITTED] TR07OC98.006
Where:
Eactual = Actual HAP ABA emissions after control, pounds/
month.
Eunc = Uncontrolled HAP ABA emissions, pounds/month,
determined in accordance with paragraph (b)(1) of this section.
HAPABArecovered = HAP ABA recovered, pounds/month,
determined in accordance with paragraph (e)(2) of this section.
(2) The amount of HAP ABA recovered shall be determined in
accordance with Sec. 63.1303(c).
Sec. 63.1298 Standards for slabstock flexible polyurethane foam
production--HAP emissions from equipment cleaning.
Each owner or operator of a new or existing slabstock affected
source complying with the emission point specific limitation option
provided in Sec. 63.1293(a)(1) shall not use a HAP or a
[[Page 54002]]
HAP-based material as an equipment cleaner.
Sec. 63.1299 Standards for slabstock flexible polyurethane foam
production--source-wide emission limitation.
Each owner or operator of a new or existing slabstock affected
source complying with the source-wide emission limitation option
provided in Sec. 63.1293(b) shall control HAP ABA storage and equipment
leak emissions, HAP ABA emissions from the production line, and
equipment cleaning HAP emissions in accordance with the provisions in
this section. Compliance shall be determined on a rolling annual basis
in accordance with paragraph (a) of this section. As an alternative,
the owner or operator can determine compliance monthly, as described in
paragraph (b) of this section.
(a) Rolling annual compliance. Under the rolling annual compliance
provisions, actual source-wide HAP ABA storage and equipment leak
emissions, HAP ABA emissions from the production line, and equipment
cleaning HAP emissions are compared to allowable source-wide emissions
for each consecutive 12-month period. The allowable source-wide HAP
emission level is calculated based on the production for the 12-month
period, resulting in a potentially different allowable level for each
12-month period. While compliance is on an annual basis, compliance
shall be determined monthly for the preceding 12-month period. The
actual source-wide HAP emission level for a consecutive 12-month period
shall be determined using the procedures in paragraphs (c)(1) through
(4) of this section, unless a recovery device is used. Slabstock foam
production sources using recovery devices shall determine actual
source-wide HAP emissions in accordance with paragraph (e) of this
section. The allowable HAP emission level for a consecutive 12-month
period shall be determined using the procedures in paragraph (d) of
this section.
(b) Monthly compliance alternative. As an alternative to
determining compliance on a rolling annual basis, an owner or operator
can determine compliance by comparing actual HAP emissions to allowable
HAP emissions for each month. The allowable source-wide emission level
is calculated based on the production for the month, resulting in a
potentially different allowable level each month. The actual monthly
emission level shall be determined using the procedures in paragraphs
(c)(1) through (3) of this section, unless a recovery device is used.
Slabstock foam production sources using recovery devices shall
determine actual source-wide HAP emissions in accordance with paragraph
(e) of this section. The allowable monthly HAP ABA emission level shall
be determined in accordance with Equation 6.
(c) Procedures for determining actual source-wide HAP emissions.
The actual source-wide HAP ABA storage and equipment leak emissions,
HAP ABA emissions from the production line, and equipment cleaning HAP
emissions shall be determined using the procedures in this section.
Actual source-wide HAP emissions for each individual month shall be
determined using the procedures specified in paragraphs (c)(1) through
(3) of this section.
(1) Actual source-wide HAP emissions for a month shall be
determined using Equation 5 and the information determined in
accordance with paragraphs (c)(2) and (3) of this section.
[GRAPHIC] [TIFF OMITTED] TR07OC98.007
Where:
PWEactual = Actual source-wide HAP ABA and equipment
cleaning HAP emissions for a month, pounds/month.
n = Number of HAP ABA storage vessels.
STi, begin = Amount of HAP ABA in storage vessel i at the
beginning of the month, pounds, determined in accordance with the
procedures listed in paragraph (c)(2) of this section.
STi, end = Amount of HAP ABA in storage vessel i at the end
of the month, pounds, determined in accordance with the procedures
listed in paragraph (c)(2) of this section.
ADDi = Amount of HAP ABA added to storage vessel i during
the month, pounds, determined in accordance with the procedures listed
in paragraph (c)(3) of this section.
(2) The amount of HAP ABA in a storage vessel shall be determined
by monitoring the HAP ABA level in the storage vessel in accordance
with Sec. 63.1303(d).
(3) The amount of HAP ABA added to a storage vessel for a given
month shall be the sum of the amounts of all individual HAP ABA
deliveries that occur during the month. The amount of each individual
HAP ABA delivery shall be determined in accordance with
Sec. 63.1303(e).
(4) Actual source-wide HAP emissions for each consecutive 12-month
period shall be calculated as the sum of actual monthly source-wide HAP
emissions for each of the individual 12 months in the period,
calculated in accordance with paragraphs (c) (1) through (3) of this
section.
(d) Allowable source-wide HAP emissions for a consecutive 12-month
period shall be calculated as the sum of allowable monthly source-wide
HAP emissions for each of the individual 12 months in the period.
Allowable source-wide HAP emissions for each individual month shall be
calculated using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR07OC98.008
Where:
emissallow, month = Allowable HAP ABA storage and equipment
leak emissions, HAP ABA emissions from the production line, and
equipment cleaning HAP emissions from the slabstock foam production
source for the month, pounds.
[[Page 54003]]
m = Number of slabstock foam production lines.
polyoli = Amount of polyol used in the month in the
production of foam grade i on foam production line j, determined in
accordance with Sec. 63.1303(b), pounds.
n = Number of foam grades produced in the month on foam production line
j.
limiti = HAP ABA formulation limit for foam grade i, parts
HAP ABA per 100 parts polyol. The HAP ABA formulation limits are
determined in accordance with Sec. 63.1297(d).
(e) Compliance using recovery devices. If a recovery device is used
to comply with paragraphs (a) or (b) of this section, the owner or
operator shall determine the allowable source-wide HAP emissions for
each month using Equation 6 in paragraph (d) of this section, and the
actual monthly source-wide HAP emissions in accordance with paragraph
(e)(1) of this section. The owner or operator shall also comply with
the provisions of paragraph (e)(2) of this section.
(1) Actual monthly source-wide HAP emissions shall be determined
using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR07OC98.009
Where:
Eactual = Actual source-wide HAP emissions after control,
pounds/month.
Eunc = Uncontrolled source-wide HAP emissions, pounds/month,
determined in accordance with paragraph (c) (1) through (3) of this
section.
HAPABArecovered = HAP ABA recovered, pounds/month,
determined in accordance with paragraph (e)(2) of this section.
(2) The amount of HAP ABA recovered shall be determined in
accordance with Sec. 63.1303(c).
Sec. 63.1300 Standards for molded flexible polyurethane foam
production.
Each owner or operator of a new or existing molded affected source
shall comply with the provisions in paragraphs (a) and (b) of this
section.
(a) A HAP or HAP-based material shall not be used as an equipment
cleaner to flush the mixhead, nor shall it be used elsewhere as an
equipment cleaner in a molded flexible polyurethane foam process, with
the following exception. Diisocyanates may be used to flush the mixhead
and associated piping during periods of startup or maintenance,
provided that the diisocyanate compounds are contained in a closed-loop
system and are re-used in production.
(b) A HAP-based mold release agent shall not be used in a molded
flexible polyurethane foam source process.
Sec. 63.1301 Standards for rebond foam production.
Each owner or operator of a new or existing rebond foam affected
source shall comply with the provisions in paragraphs (a) and (b) of
this section.
(a) A HAP or HAP-based material shall not be used as an equipment
cleaner at a rebond foam source.
(b) A HAP-based mold release agent shall not be used in a rebond
foam source.
Sec. 63.1302 Applicability of subpart A requirements.
The owner or operator of an affected source shall comply with the
applicable requirements of subpart A of this part, as specified in
Table 2 of this subpart.
Sec. 63.1303 Monitoring requirements.
Owners and operators of affected sources shall comply with each
applicable monitoring provision in this section.
(a) Monitoring requirements for storage vessel carbon adsorption
systems. Each owner or operator using a carbon adsorption system to
meet the requirements of Sec. 63.1294(a) or Sec. 63.1295 shall monitor
the concentration level of the HAP or the organic compounds in the
exhaust vent stream (or outlet stream exhaust) from the carbon
adsorption system at the frequency specified in (a)(1) or (2) of this
section in accordance with either (a)(3) or (4) of this section.
(1) The concentration level of HAP or organic compounds shall be
monitored during each unloading event, or once per month during an
unloading event if multiple unloading events occur in a month.
(2) As an alternative to monthly monitoring, the owner or operator
can set the monitoring frequency at an interval no greater than 20
percent of the carbon replacement interval, which is established using
a design analysis described below in paragraphs (a)(1)(i) through (iii)
of this section.
(i) The design analysis shall consider the vent stream composition,
constituent concentration, flow rate, relative humidity, and
temperature.
(ii) The design analysis shall establish the outlet organic
concentration level, the capacity of the carbon bed, and the working
capacity of activated carbon used for the carbon bed, and
(iii) The design analysis shall establish the carbon replacement
interval based on the total carbon working capacity of the carbon
adsorption system and the schedule for filling the storage vessel.
(3) Measurements of HAP concentration shall be made using 40 CFR
part 60, appendix A, Method 18. The measurement shall be conducted over
at least one 5-minute interval during which the storage vessel is being
filled.
(4) Measurements of organic compounds shall be made using 40 CFR
part 60, Appendix A, Method 25A. The measurement shall be conducted
over at least one 5-minute interval during which the storage vessel is
being filled.
(b) Monitoring for HAP ABA and polyol added to the foam production
line at the mixhead. (1) The owner or operator of each slabstock
affected source shall comply with the provisions in paragraph (b)(1)(i)
of this section, and, if applicable, the provisions of paragraph
(b)(1)(ii) of this section. Alternatively, the owner or operator may
comply with paragraph (b)(5) of this section.
(i) Owners or operators of all slabstock affected sources shall
continuously monitor the amount of polyol added at the mixhead when
foam is being poured, in accordance with paragraphs (b)(2) through (4)
of this section.
(ii) Owners or operators of slabstock foam affected sources using
the emission point specific limitation option provided in
Sec. 63.1293(a)(1) shall continuously monitor the amount of HAP ABA
added at the mixhead when foam is being poured, in accordance with
paragraphs (b)(2)(ii), (b)(3), and (b)(4) of this section.
(2) The owner or operator shall monitor either:
(i) Pump revolutions; or
(ii) Flow rate.
(3) The device used to monitor the parameter from paragraph (b)(2)
shall have an accuracy to within +/-2.0 percent of the HAP ABA being
measured, and shall be calibrated initially, and periodically, in
[[Page 54004]]
accordance with paragraph (b)(3)(i) or (ii) of this section.
(i) For polyol pumps, the device shall be calibrated at least once
each 6 months.
(ii) For HAP ABA pumps, the device shall be calibrated at least
once each month.
(4) Measurements must be recorded at the beginning and end of the
production of each grade of foam within a run of foam.
(5) As an alternative to the monitoring described in paragraphs
(b)(2) through (4) of this section, the owner or operator may develop
an alternative monitoring program. Alternative monitoring programs must
be submitted to the Administrator for approval in the Precompliance
Report as specified in Sec. 63.1306(c)(4) for existing sources or in
the Application for approval of construction or reconstruction for new
sources. If an owner or operator wishes to develop an alternative
monitoring program after the compliance date, the program shall be
submitted to the Administrator for approval before the owner or
operator wishes to begin using the alternative program. If the
Administrator does not notify the owner or operator of objections to
the program, or any part of the program, within 45 days after its
receipt, the program shall be deemed approved. Until the program is
approved, the owner or operator of an affected source remains subject
to the requirements of this subpart. The components of an alternative
monitoring program shall include, at a minimum, the items listed in
paragraphs (b)(5)(i) through (iv) of this section.
(i) A description of the parameter to be continuously monitored
when foam is being poured to measure the amount of HAP ABA or polyol
added at the mixhead.
(ii) A description of how the monitoring results will be recorded,
and how the results will be converted into amount of HAP ABA or polyol
delivered to the mixhead.
(iii) Data demonstrating that the monitoring device is accurate to
within +/-2.0 percent.
(iv) Procedures to ensure that the accuracy of the parameter
monitoring results is maintained. These procedures shall, at a minimum,
consist of periodic calibration of all monitoring devices.
(c) Recovered HAP ABA monitoring. The owner or operator of each
slabstock affected source using a recovery device to reduce HAP ABA
emissions shall develop and comply with a recovered HAP ABA monitoring
and recordkeeping program. The components of these plans shall include,
at a minimum, the items listed in paragraphs (c)(1) through (5) of this
section. These plans must be submitted for approval in accordance with
paragraph (c)(6) of this section.
(1) A device, installed, calibrated, maintained, and operated
according to the manufacturer's specifications, that indicates the
cumulative amount of HAP ABA recovered by the solvent recovery device
over each 1-month period. The device shall be certified by the
manufacturer to be accurate to within +/-2.0 percent.
(2) The location where the monitoring will occur shall ensure that
the measurements are taken after HAP ABA has been fully recovered
(i.e., after separation from water introduced into the HAP ABA during
regeneration).
(3) A description of the parameter to be monitored, and the times
the parameter will be monitored.
(4) Data demonstrating that the monitoring device is accurate to
within +/-2.0 percent.
(5) Procedures to ensure that the accuracy of the parameter
monitoring results is maintained. These procedures shall, at a minimum,
consist of periodic calibration of all monitoring devices.
(6) Recovered HAP ABA monitoring and recordkeeping programs must be
submitted to the Administrator for approval in the Precompliance Report
as specified in Sec. 63.1306(c)(6) for existing sources or in the
Application for approval of construction or reconstruction for new
sources. If an owner or operator wishes to develop a recovered HAP ABA
monitoring program after the compliance date, the program shall be
submitted to the Administrator for approval before the owner or
operator wishes to begin using the program. If the Administrator does
not notify the owner or operator of objections to the program within 45
days after its receipt, the program shall be deemed approved. Until the
program is approved, the owner or operator of an affected source
remains subject to the requirements of this subpart.
(d) Monitoring of HAP ABA in a storage vessel. The amount of HAP
ABA in a storage vessel shall be determined weekly by monitoring the
HAP ABA level in the storage vessel using a level measurement device
that meets the criteria described in paragraphs (d)(1) and either
(d)(2) or (d)(3) of this section.
(1) The level measurement device must be calibrated initially and
at least once per year thereafter.
(2) With the exception of visually-read level measurement devices
(i.e., gauge glass), the device must have either a digital or printed
output.
(3) If the level measurement device is a visually-read device, the
device must be equipped with permanent graduated markings to indicate
HAP ABA level in the storage tank.
(e) Monitoring of HAP ABA added to a storage vessel. The amount of
HAP ABA added to a storage vessel during a delivery shall be determined
in accordance with either paragraphs (e)(1), (2), (3), or (4) of this
section.
(1) The volume of HAP ABA added to the storage vessel shall be
determined by recording the volume in the storage vessel prior to the
delivery and the volume after the delivery, provided that the storage
tank level measurement device used to determine the levels meets the
criteria in (d) of this section.
(2) The volume of HAP ABA added to the storage vessel shall be
determined by monitoring the flow rate using a device with an accuracy
of 2.0 percent, and calibrated initially and at least once
each six months thereafter.
(3) The weight of HAP ABA added to the storage vessel shall be
calculated as the difference of the full weight of the transfer vehicle
prior to unloading into the storage vessel and the empty weight of the
transfer vehicle after unloading into the storage vessel. The weight
shall be determined using a scale meeting the requirements of either
paragraph (e)(2)(i) or (ii) of this section.
(i) A scale approved by the State or local agencies using the
procedures contained in Handbook 44, Specifications, Tolerances, and
Other Technical Requirements for Weighing and Measuring Devices 1998
(incorporation by reference--see Sec. 63.14).
(ii) A scale determined to be in compliance with the requirements
of the National Institute of Standards and Technology Handbook 44 at
least once per year by a registered scale technician.
(4) As an alternative to the monitoring options described in
paragraphs (e)(1) through (e)(3) of this section, the owner or operator
may develop an alternative monitoring program. Alternative monitoring
programs must be submitted to the Administrator for approval in the
Precompliance Report as specified in Sec. 63.1306(c)(4) for existing
sources or in the Application for approval of construction or
reconstruction for new sources. If an owner or operator wishes to
develop an alternative monitoring program after the compliance date,
the program shall be submitted to the Administrator for approval before
the owner or operator wishes to begin using the alternative program. If
the Administrator does not notify the owner or operator of objections
to the program within 45 days after its receipt, the
[[Page 54005]]
program shall be deemed approved. Until the program is approved, the
owner or operator of an affected source remains subject to the
requirements of this subpart. The components of an alternative
monitoring program shall include, at a minimum, the items listed in
paragraphs (e)(3)(i) through (iv) of this section.
(i) A description of the parameter to be monitored to determine the
amount of HAP ABA added to the storage vessel during a delivery,
(ii) A description of how the results will be recorded, and how the
results will be converted into the amount of HAP ABA added to the
storage vessel during a delivery,
(iii) Data demonstrating that the monitoring device is accurate to
within 2.0 percent, and
(iv) Procedures to ensure that the accuracy of the monitoring
measurements is maintained. These procedures shall, at a minimum,
consist of periodic calibration of all monitoring devices.
Sec. 63.1304 Testing requirements.
Owners and operators of affected sources shall use the test methods
listed in this section, as applicable, to demonstrate compliance with
this subpart.
(a) Test method and procedures to determine equipment leaks.
Monitoring, as required under Sec. 63.1296, shall comply with the
following requirements:
(1) Monitoring shall comply with Method 21 of 40 CFR part 60,
appendix A.
(2) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except that the instrument
response factor criteria in section 3.1.2(a) of Method 21 shall be for
the average composition of the source fluid, rather than for each
individual VOC in the stream. For source streams that contain nitrogen,
air, or other inerts which are not HAP or VOC, the average stream
response factor shall be calculated on an inert-free basis. The
response factor may be determined at any concentration for which
monitoring for leaks will be conducted.
(3) The instrument shall be calibrated before use on each day of
its use by the procedures specified in Method 21 of 40 CFR part 60,
appendix A.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air); and
(ii) A mixture of methane and air at a concentration of
approximately, 1,000 ppm for all transfer pumps; and 500 ppm for all
other equipment, except as provided in paragraph (a)(4)(iii) of this
section.
(iii) The instrument may be calibrated at a higher methane
concentration (up to 2,000 ppm) than the leak definition concentration
for a specific piece of equipment for monitoring that piece of
equipment. If the monitoring instrument's design allows for multiple
calibration gas concentrations, then the lower concentration
calibration gas shall be no higher than 2,000 ppm methane and the
higher concentration calibration gas shall be no higher than 10,000 ppm
methane.
(5) Monitoring shall be performed when the equipment is in HAP ABA
service, in use with an acceptable surrogate volatile organic compound
which is not a HAP ABA, or is in use with any other detectable gas or
vapor.
(6) If no instrument is available onsite that will meet the
performance criteria specified in section 3.1.2(a) of Method 21 of 40
CFR Part 60, appendix A, the readings from an available instrument may
be adjusted by multiplying by the average response factor for the
stream.
(b) Test method to determine foam properties. The IFD and density
of each grade of foam produced during each run of foam shall be
determined using ASTM D3574-91, Standard Test Methods for Flexible
Cellular Materials--Slab, Bonded, and Molded (incorporation by
reference--see Sec. 63.14), using a sample of foam cut from the center
of the foam bun. The maximum sample size for which the IFD and density
is determined shall not be larger than 24 inches by 24 inches by 4
inches. For grades of foam where the owner or operator has designated
the HAP ABA formulation limitation as zero, the owner or operator is
not required to determine the IFD and density in accordance with this
paragraph.
Sec. 63.1305 Alternative means of emission limitation.
An owner or operator of an affected source may request approval to
use an alternative means of emission limitation, following the
procedures in this section.
(a) The owner or operator can request approval to use an
alternative means of emission limitation in the precompliance report
for existing sources, the application for construction or
reconstruction for new sources, or at any time.
(b) This request shall include a complete description of the
alternative means of emission limitation.
(c) Each owner or operator applying for permission to use an
alternative means of emission limitation under Sec. 63.6(g) shall be
responsible for collecting and verifying data to demonstrate the
emission reduction achieved by the alternative means of emission
limitation.
(d) Use of the alternative means of emission limitation shall not
begin until approval is granted by the Administrator in accordance with
Sec. 63.6(g).
Sec. 63.1306 Reporting requirements.
Owners and operators of affected sources shall comply with each
applicable reporting provision in this section.
(a) Initial notification. Each affected source shall submit an
initial notification in accordance with Sec. 63.9(b).
(b) Application for approval of construction or reconstruction.
Each owner or operator shall submit an application for approval of
construction or reconstruction in accordance with the provisions of
Sec. 63.5(d).
(c) Precompliance report. Each slabstock affected source shall
submit a precompliance report no later than 12 months before the
compliance date. This report shall contain the information listed in
paragraphs (c)(1) through (c)(8) of this section, as applicable.
(1) Whether the source will comply with the emission point specific
limitations described in Sec. 63.1293(a), or with the source-wide
emission limitation described in Sec. 63.1293(b).
(2) For a source complying with the emission point specific
limitations, whether the source will comply on a rolling annual basis
in accordance with Sec. 63.1297(b), or will comply with the monthly
alternative for compliance contained in Sec. 63.1297(c).
(3) For a source complying with the source-wide emission
limitation, whether the source will comply on a rolling annual basis in
accordance with Sec. 63.1299(a), or will comply with the monthly
alternative for compliance contained in Sec. 63.1299(b).
(4) A description of how HAP ABA and/or polyol added at the mixhead
will be monitored. If the owner or operator is developing an
alternative monitoring program, the alternative monitoring program
containing the information in Sec. 63.1303(b)(5)(i) through (iv) shall
be submitted.
(5) Notification of the intent to use a recovery device to comply
with the provisions of Sec. 63.1297 or Sec. 63.1299.
(6) For slabstock affected sources complying with Sec. 63.1297 or
Sec. 63.1299 using a recovery device, the continuous recovered HAP ABA
monitoring and
[[Page 54006]]
recordkeeping program, developed in accordance with Sec. 63.1303(c).
(7) For sources complying with the source-wide emission limitation,
a description of how the amount of HAP ABA in a storage vessel shall be
determined.
(8) For sources complying with the source-wide emission limitation,
a description of how the amount of HAP ABA added to a storage vessel
during a delivery will be monitored. If the owner or operator is
developing an alternative monitoring program, the alternative
monitoring program containing the information in Sec. 63.1303(e)(4)(i)
through (iv) shall be submitted.
(9) If the Administrator does not notify the owner or operator of
objections to an alternative monitoring program submitted in accordance
with (c)(4) or (c)(6) of this section, or a recovered HAP ABA
monitoring and recordkeeping program submitted in accordance with
(c)(7) of this section, the program shall be deemed approved 45 days
after its receipt by the Administrator.
(d) Notification of compliance status. Each affected source shall
submit a notification of compliance status report no later than 180
days after the compliance date. For slabstock affected sources, this
report shall contain the information listed in paragraphs (d)(1)
through (3) of this section, as applicable. This report shall contain
the information listed in paragraph (d)(4) of this section for molded
foam processes and in paragraph (d)(5) for rebond foam processes.
(1) A list of diisocyanate storage vessels, along with a record of
the type of control utilized for each storage vessel.
(2) For transfer pumps in diisocyanate service, a record of the
type of control utilized for each transfer pump.
(3) If the source is complying with the emission point specific
limitations of Secs. 63.1294 through 63.1298, the information listed in
paragraphs (b)(3)(i) through (iii) of this section.
(i) A list of HAP ABA storage vessels, along with a record of the
type of control utilized for each storage vessel.
(ii) A list of pumps, valves, connectors, pressure-relief devices,
and open-ended valves or lines in HAP ABA service.
(iii) A list of any modifications to equipment in HAP ABA service
made to comply with the provisions of Sec. 63.1296.
(4) A statement that the molded foam affected source is in
compliance with Sec. 63.1300, or a statement that molded foam processes
at an affected source are in compliance with Sec. 63.1300.
(5) A statement that the rebond foam affected source is in
compliance with Sec. 63.1301, or that rebond processes at an affected
source are in compliance with Sec. 63.1301.
(e) Semiannual reports. Each slabstock affected source shall submit
a report containing the information specified in paragraphs (e)(1)
through (5) of this section semiannually no later than 60 days after
the end of each 180 day period. The first report shall be submitted no
later than 240 days after the date that the Notification of Compliance
Status is due and shall cover the 6-month period beginning on the date
that the Notification of Compliance Status Report is due.
(1) For slabstock affected sources complying with the rolling
annual compliance provisions of either Sec. 63.1297 or Sec. 63.1299,
the allowable and actual HAP ABA emissions (or allowable and actual
source-wide HAP emissions) for each of the 12-month periods ending on
each of the six months in the reporting period. This information is not
required to be included in the initial semi-annual compliance report.
(2) For sources complying with the monthly compliance alternative
of either Sec. 63.1297 or Sec. 63.1299, the allowable and actual HAP
ABA emissions (or allowable and actual source-wide HAP emissions) for
each of the six months in the reporting period.
(3) For sources complying with the storage vessel provisions of
Sec. 63.1294(a) or Sec. 63.1295 using a carbon adsorption system,
unloading events that occurred after breakthrough was detected and
before the carbon was replaced.
(4) Any equipment leaks that were not repaired in accordance with
Sec. 63.1294(b)(2)(iii), Sec. 63.1294(c), Sec. 63.1296(a)(2)(iii),
(b)(2), (b)(3)(iv), (b)(4)(v), (c)(2), (c)(4)(ii), and (d)(2).
(5) Any leaks in vapor return lines that were not repaired in
accordance with Sec. 63.1294(a)(1)(ii) or Sec. 63.1295(b)(2).
(f) Other reports. (1) Change in selected emission limitation. An
owner or operator electing to change their slabstock flexible
polyurethane foam emission limitation (from emission point specific
limitations to a source-wide emission limitation, or vice versa),
selected in accordance with Sec. 63.1293, shall notify the
Administrator no later than 180 days prior to the change.
(2) Change in selected compliance method. An owner or operator
changing the period of compliance for either Sec. 63.1297 or
Sec. 63.1299 (between rolling annual and monthly) shall notify the
Administrator no later than 180 days prior to the change.
(g) Annual compliance certifications. Each affected source subject
to the provisions in Secs. 63.1293 through 63.1301 shall submit a
compliance certification annually.
(1) The compliance certification shall be based on information
consistent with that contained in Sec. 63.1308 of this section, as
applicable.
(2) A compliance certification required pursuant to a State or
local operating permit program may be used to satisfy the requirements
of this section, provided that the compliance certification is based on
information consistent with that contained in Sec. 63.1308 of this
section, and provided that the Administrator has approved the State or
local operating permit program under part 70 of this chapter.
(3) Each compliance certification submitted pursuant to this
section shall be signed by a responsible official of the company that
owns or operates the affected source.
Sec. 63.1307 Recordkeeping requirements.
The applicable records designated in paragraphs (a) through (c) of
this section shall be maintained by owners and operators of all
affected sources.
(a) Storage vessel records. (1) A list of diisocyanate storage
vessels, along with a record of the type of control utilized for each
storage vessel.
(2) For each slabstock affected source complying with the emission
point specific limitations of Secs. 63.1294 through 63.1298, a list of
HAP ABA storage vessels, along with a record of the type of control
utilized for each storage vessel.
(3) For storage vessels complying through the use of a carbon
adsorption system, paragraph (a)(3)(i) or (ii), and paragraph
(a)(3)(iii) of this section.
(i) Records of dates and times when the carbon adsorption system is
monitored for carbon breakthrough and the monitoring device reading,
when the device is monitored in accordance with Sec. 63.1303(a); or
(ii) For affected sources monitoring at an interval no greater than
20 percent of the carbon replacement interval, in accordance with
Sec. 63.1303(a)(2), the records listed in paragraphs (a)(3)(ii)(A) and
(B) of this section.
(A) Records of the design analysis, including all the information
listed in Sec. 63.1303(a)(2)(i) through (iii), and
(B) Records of dates and times when the carbon adsorption system is
monitored for carbon breakthrough and the monitoring device reading.
(iii) Date when the existing carbon in the carbon adsorption system
is replaced with fresh carbon.
(4) For storage vessels complying through the use of a vapor return
line,
[[Page 54007]]
paragraphs (a)(4)(i) through (iii) of this section.
(i) Dates and times when each unloading event occurs and each
inspection of the vapor return line for leaks occurs.
(ii) Records of dates and times when a leak is detected in the
vapor return line.
(iii) Records of dates and times when a leak is repaired.
(b) Equipment leak records. (1) A list of components as specified
below in paragraphs (b)(1)(i) and (ii).
(i) For all affected sources, a list of components in diisocyanate
service,
(ii) For affected sources complying with the emission point
specific limitations of Secs. 63.1294 through 63.1298, a list of
components in HAP ABA service.
(2) For transfer pumps in diisocyanate service, a record of the
type of control utilized for each transfer pump and the date of
installation.
(3) When a leak is detected as specified in Sec. 63.1294(b)(2)(ii),
Sec. 63.1294(c), Sec. 63.1296(a)(2), (b)(1), (c)(1), and (d)(1), the
requirements listed in paragraphs (b)(3)(i) and (ii) of this section
apply:
(i) Leaking equipment shall be identified in accordance with the
requirements in paragraphs (b)(3)(i)(A) through (C) of this section.
(A) A readily visible identification, marked with the equipment
identification number, shall be attached to the leaking equipment.
(B) The identification on a valve may be removed after it has been
monitored for 2-successive quarters as specified in Sec. 63.1296(b)(1)
and no leak has been detected during those 2 quarters.
(C) The identification on equipment, other than a valve, may be
removed after it has been repaired.
(ii) The information in paragraphs (b)(2)(ii)(A) through (H) shall
be recorded for leaking components.
(A) The instrument and operator identification numbers and the
equipment identification number.
(B) The date the leak was detected and the dates of each attempt to
repair the leak.
(C) Repair methods applied in each attempt to repair the leak.
(D) The words ``above leak definition'' if the maximum instrument
reading measured by the methods specified in Sec. 63.1304(a) after each
repair attempt is equal or greater than the leak definitions for the
specified equipment.
(E) The words ``repair delayed'' and the reason for the delay if a
leak is not repaired within 15 calendar days after discovery of the
leak.
(F) The expected date of the successful repair of the leak if a
leak is not repaired within 15 calendar days.
(G) The date of successful repair of the leak.
(H) The date the identification is removed.
(c) HAP ABA records. (1) Emission point specific limitations--
rolling annual compliance and monthly compliance alternative records.
Each slabstock affected source complying with the emission point
specific limitations of Secs. 63.1294 through 63.1298, and the rolling
annual compliance provisions of Sec. 63.1297(a)(1), shall maintain the
records listed in paragraphs (c)(1)(i), (ii), (iii), and (iv) of this
section. Each flexible polyurethane foam slabstock source complying
with the emission point specific limitations of Secs. 63.1294 through
63.1298, and the monthly compliance alternative of Sec. 63.1297(a)(2),
shall maintain the records listed in paragraphs (c)(1)(i), (ii), and
(iv) of this section.
(i) Daily records of the information listed below in paragraphs
(c)(1)(i)(A) through (C) of this section.
(A) A log of foam runs each day. For each run, the log shall
include a list of the grades produced during the run.
(B) Results of the density and IFD testing for each grade of foam
produced during each run of foam, conducted in accordance with the
procedures in Sec. 63.1304(b). The results of this testing shall be
recorded within 10 working days of the production of the foam. For
grades of foam where the owner or operator has designated the HAP ABA
formulation limitation as zero, the owner or operator is not required
to keep records of the IFD and density.
(C) The amount of polyol added to the slabstock foam production
line at the mixhead for each run of foam, determined in accordance with
Sec. 63.1303(b).
(ii) Monthly records of the information listed in paragraphs
(c)(1)(ii)(A) through (E) of this section.
(A) A listing of all foam grades produced during the month,
(B) For each foam grade produced, the HAP ABA formulation
limitation, calculated in accordance with Sec. 63.1297(d).
(C) With the exception of those grades for which the owner or
operator has designated zero as the HAP ABA formulation limitation, the
total amount of polyol used in the month for each foam grade produced.
(D) The total allowable HAP ABA emissions for the month, determined
in accordance with Sec. 63.1297(b)(2).
(E) The total amount of HAP ABA added to the slabstock foam
production line at the mixhead during the month, determined in
accordance with Sec. 63.1303(b).
(iii) Each source complying with the rolling annual compliance
provisions of Sec. 63.1297(b) shall maintain the records listed in
paragraphs (c)(1)(iii)(A) and (B) of this section.
(A) The sum of the total allowable HAP ABA emissions for the month
and the previous 11 months.
(B) The sum of the total actual HAP ABA emissions for the month and
the previous 11 months.
(iv) Records of all calibrations for each device used to measure
polyol and HAP ABA added at the mixhead, conducted in accordance with
Sec. 63.1303(b)(3).
(2) Source-wide limitations--rolling annual compliance and monthly
compliance alternative records. Each slabstock affected source
complying with the source-wide limitations of Sec. 63.1299, and the
rolling annual compliance provisions in Sec. 63.1299(a), shall maintain
the records listed in paragraphs (c)(2)(i) through (c)(2)(vii) of this
section. Each flexible polyurethane foam slabstock source complying
with the source-wide limitations of Sec. 63.1299, and the monthly
compliance alternative of Sec. 63.1299(b), shall maintain the records
listed in paragraphs (c)(2)(i) through (c)(2)(iii) and paragraphs
(c)(2)(v) through (c)(2)(vii) of this section.
(i) Daily records of the information listed in paragraphs
(c)(2)(i)(A) through (C) of this section.
(A) A log of foam runs each day. For each run, the log shall
include a list of the grades produced during the run.
(B) Results of the density and IFD testing for each grade of foam
produced during each run of foam, conducted in accordance with the
procedures in Sec. 63.1304(b). The results of this testing shall be
recorded within 10 working days of the production of the foam. For
grades of foam where the the owner or operator has designated the HAP
ABA formulation limitation as zero, the owner or operator is not
required to keep records of the IFD and density.
(C) With the exception of those grades for which the owner or
operator has designated zero as the HAP ABA formulation limitation, the
amount of polyol added to the slabstock foam production line at the
mixhead for each grade produced during each run of foam, determined in
accordance with Sec. 63.1303(b).
(ii) For sources complying with the source-wide emission
limitation, weekly records of the storage tank level,
[[Page 54008]]
determined in accordance with Sec. 63.1303(d).
(iii) Monthly records of the information listed below in paragraphs
(c)(2)(iii)(A) through (E) of this section.
(A) A listing of all foam grades produced during the month,
(B) For each foam grade produced, the residual HAP formulation
limitation, calculated in accordance with Sec. 63.1297(d).
(C) With the exception of those grades for which the owner or
operator has designated zero as the HAP ABA formulation limitation, the
total amount of polyol used in the month for each foam grade produced.
(D) The total allowable HAP ABA and equipment cleaning emissions
for the month, determined in accordance with Sec. 63.1297(b)(2).
(E) The total actual source-wide HAP ABA emissions for the month,
determined in accordance with Sec. 63.1299(c)(1), along with the
information listed in paragraphs (c)(2)(iii)(E)(1) and (2) of this
section.
(1) The amounts of HAP ABA in the storage vessel at the beginning
and end of the month, determined in accordance with Sec. 63.1299(c)(2);
and
(2) The amount of each delivery of HAP ABA to the storage vessel,
determined in accordance with Sec. 63.1299(c)(3).
(iv) Each source complying with the rolling annual compliance
provisions of Sec. 63.1299(a) shall maintain the records listed in
paragraphs (c)(2)(iv)(A) and (B) of this section.
(A) The sum of the total allowable HAP ABA and equipment cleaning
HAP emissions for the month and the previous 11 months.
(B) The sum of the total actual HAP ABA and equipment cleaning HAP
emissions for the month and the previous 11 months.
(v) Records of all calibrations for each device used to measure
polyol added at the mixhead, conducted in accordance with
Sec. 63.1303(b)(3).
(vi) Records of all calibrations for each device used to measure
the amount of HAP ABA in the storage vessel, conducted in accordance
with Sec. 63.1303(d)(1).
(vii) Records to verify that all scales used to measure the amount
of HAP ABA added to the storage vessel meet the requirements of
Sec. 63.1303(e)(3). For scales meeting the criteria of
Sec. 63.1303(e)(3)(i), this documentation shall be in the form of
written confirmation of the State or local approval. For scales
complying with Sec. 63.1303(e)(3)(ii), this documentation shall be in
the form of a report provided by the registered scale technician.
(d) The owner or operator of each affected source complying with
Sec. 63.1297 or Sec. 63.1299 through the use of a recovery device shall
maintain the following records:
(1) A copy of the recovered HAP ABA monitoring and recordkeeping
program, developed pursuant to Sec. 63.1303(c);
(2) Certification of the accuracy of the monitoring device,
(3) Records of periodic calibration of the monitoring devices,
(4) Records of parameter monitoring results, and
(5) The amount of HAP ABA recovered each time it is measured.
(e) The owner or operator of an affected source subject to
Sec. 63.1298 of this subpart shall maintain a product data sheet for
each equipment cleaner used which includes the HAP content, in kg of
HAP/kg solids (lb HAP/lb solids).
(f) The owner or operator of an affected source following the
compliance methods in Sec. 63.1308(b)(1) and (c)(1) shall maintain
records of each use of a vapor return line during unloading, of any
leaks detected during unloading, and of repairs of leaks detected
during unloading.
(g) The owner or operator of an affected source subject to
Sec. 63.1300 or Sec. 63.1301 of this subpart shall maintain a product
data sheet for each compound other than diisocyanates used to flush the
mixhead and associated piping during periods of startup or maintenance,
which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb
solids), of each solvent other than diisocyanates used to flush the
mixhead and associated piping during periods of startup or maintenance.
(h) The owner or operator of an affected source subject to
Sec. 63.1300 or Sec. 63.1301 of this subpart shall maintain a product
data sheet for each mold release agent used that includes the HAP
content, in kg of HAP/kg solids (lb HAP/lb solids), of each mold
release agent.
Sec. 63.1308 Compliance demonstrations.
(a) For each affected source, compliance with the requirements
listed in paragraphs (a)(1) through (a)(2) of this section shall mean
compliance with the requirements contained in Secs. 63.1293 through
63.1301, absent any credible evidence to the contrary.
(1) The requirements described in Tables 3, 4, and 5 of this
subpart; and
(2) The requirement to submit a compliance certification annually
as required under Sec. 63.1306(g).
(b) All slabstock affected sources. For slabstock affected sources,
failure to meet the requirements contained in Sec. 63.1294 shall be
considered a violation of this subpart. Violation of each item listed
in the paragraphs (b)(1) through (b)(6) of this section, as applicable,
shall be considered a separate violation.
(1) For each affected source complying with Sec. 63.1294(a) in
accordance with Sec. 63.1294(a)(1), each unloading event that occurs
when the diisocyanate storage vessel is not equipped with a vapor
return line from the storage vessel to the tank truck or rail car, each
unloading event that occurs when the vapor line is not connected, each
unloading event that the vapor line is not inspected for leaks as
described in Sec. 63.1294(a)(1)(i), each unloading event that occurs
after a leak has been detected and not repaired, and each calendar day
after a leak is detected, but not repaired as soon as practicable;
(2) For each affected source complying with Sec. 63.1294(a) in
accordance with Sec. 63.1294(a)(2), each unloading event that the
diisocyanate storage vessel is not equipped with a carbon adsorption
system, each unloading event (or each month if more than one unloading
event occurs in a month) that the carbon adsorption system is not
monitored for breakthrough in accordance with Sec. 63.1303(a)(3) or
(4), and each unloading event that occurs when the carbon is not
replaced after an indication of breakthrough;
(3) For each affected source complying with Sec. 63.1294(a) in
accordance with Sec. 63.1294(a)(2) through the alternative monitoring
procedures in Sec. 63.1303(a)(2), each unloading event that the
diisocyanate storage vessel is not equipped with a carbon adsorption
system, each time that the carbon adsorption system is not monitored
for breakthrough in accordance with Sec. 63.1303(a)(3) or (4) at the
interval established in the design analysis, and each unloading event
that occurs when the carbon is not replaced after an indication of
breakthrough;
(4) For each affected source complying with Sec. 63.1294(b) in
accordance with Sec. 63.1294(b)(1), each calendar day that a transfer
pump in diisocyanate service is not a sealless pump;
(5) For each affected source complying with Sec. 63.1294(b) in
accordance with Sec. 63.1294(b)(2), each calendar day that a transfer
pump in diisocyanate service is not submerged as described in
Sec. 63.1294(b)(2)(i), each week that the pump is not visually
monitored for leaks, each calendar day after 5 calendar days after
detection of a leak that a first attempt at repair has not been made in
accordance with
[[Page 54009]]
Sec. 63.1294(b)(2)(iii)(B), and the earlier of each calendar day after
15 calendar days after detection of a leak that a leak is not repaired,
or a leak is not repaired as soon as practicable, each subsequent
calender day (with the exception of situations meeting the criteria of
Sec. 63.1294(d));
(6) For each affected source complying with Sec. 63.1294(c), each
calendar day after 5 calendar days after detection of a leak that a
first attempt at repair has not been made, and the earlier of each
calendar day after 15 calendar days after detection of a leak that a
leak is not repaired, or if a leak is not repaired as soon as
practicable, each subsequent calender day (with the exception of
situations meeting the criteria of Sec. 63.1296(f)).
(c) Slabstock affected sources complying with the emission point
specific limitations. For slabstock affected sources complying with the
emission point specific limitations as provided in Sec. 63.1293(a),
failure to meet the requirements contained in Secs. 63.1295 through
63.1298 shall be considered a violation of this subpart. Violation of
each item listed in the paragraphs (c)(1) through (c)(17) of this
section, as applicable, shall be considered a separate violation.
(1) For each affected source complying with Sec. 63.1295(a) in
accordance with Sec. 63.1295(b), each unloading event that occurs when
the HAP ABA storage vessel is not equipped with a vapor return line
from the storage vessel to the tank truck or rail car, each unloading
event that occurs when the vapor line is not connected, each unloading
event that the vapor line is not inspected for leaks as described in
Sec. 63.1295(b)(1), each unloading event that occurs after a leak has
been detected and not repaired, and each calendar day after a leak is
detected but not repaired as soon as practicable;
(2) For each affected source complying with Sec. 63.1295(a) in
accordance with Sec. 63.1295(c), each unloading event that the HAP ABA
storage vessel is not equipped with a carbon adsorption system, each
unloading event (or each month if more than one unloading event occurs
in a month) that the carbon adsorption system is not monitored for
breakthrough in accordance with Sec. 63.1303(a)(3) or (4), and each
unloading event that occurs when the carbon is not replaced after an
indication of breakthrough ;
(3) For each affected source complying with Sec. 63.1295(a) in
accordance with Sec. 63.1295(c) through the alternative monitoring
procedures in Sec. 63.1303(a)(2), each unloading event that the HAP ABA
storage vessel is not equipped with a carbon adsorption system, each
time that the carbon adsorption system is not monitored for
breakthrough in accordance with Sec. 63.1303(a)(3) or (4) at the
interval established in the design analysis, and each unloading event
that occurs when the carbon is not replaced after an indication of
breakthrough;
(4) For each affected source complying with Sec. 63.1296(a) in
accordance with Sec. 63.1296(a)(1), each calendar day that a transfer
pump in HAP ABA service is not a sealless pump;
(5) For each affected source complying with Sec. 63.1296(a) in
accordance with Sec. 63.1296(a)(2), each week that a visual inspection
of a pump in HAP ABA service is not performed, each quarter that a pump
in HAP ABA service is not monitored to detect leaks in accordance with
Sec. 63.1304(a), each calendar day after 5 calendar days after
detection of a leak that a first attempt at repair has not been made in
accordance with Sec. 63.1296(b)(2)(iii)(B), and the earlier of each
calendar day after 15 calendar days after detection of a leak that a
leak is not repaired, or if a leak is not repaired as soon as
practicable, each subsequent calender day (with the exception of
situations meeting the criteria of Sec. 63.1296(f));
(6) For each affected source complying with Sec. 63.1296(b) in
accordance with Sec. 63.1296(b)(1) and (2), each quarter that a valve
in HAP ABA service is not monitored to detect leaks in accordance with
Sec. 63.1304(a), each calendar day after 5 calendar days after
detection of a leak that a first attempt at repair has not been made in
accordance with Sec. 63.1296(b)(2)(ii), and each calendar day after 15
calendar days after detection of a leak that a leak is not repaired, or
if a leak is not repaired as soon as practicable, whichever is earlier
(with the exception of situations meeting the criteria of
Sec. 63.1296(f));
(7) For each affected source complying with Sec. 63.1296(b)(3) for
each valve designated as unsafe to monitor as described in
Sec. 63.1296(b)(3)(i), failure to develop the written plan required by
Sec. 63.1296(b)(3)(ii), each period specified in the written plan that
an unsafe-to-monitor valve in HAP ABA service is not monitored, and
each calendar day in which a leak is not repaired in accordance with
the written plan;
(8) For each affected source complying with Sec. 63.1296(b)(4) for
one or more valves designated as difficult-to-monitor in accordance
with Sec. 63.1296(b)(4)(i) and (ii), failure to develop the written
plan required by Sec. 63.1296(b)(4)(iii), each calendar year that a
difficult-to-monitor valve in HAP ABA service is not monitored, and
each calendar day in which a leak is not repaired in accordance with
the written plan;
(9) For each affected source complying with Sec. 63.1296(c) in
accordance with Sec. 63.1296(c)(1) and (2), each year that a connector
in HAP ABA service is not monitored to detect leaks in accordance with
Sec. 63.1304(a); each calendar day after 3 months after a connector has
been opened, has otherwise had the seal broken, or a leak is repaired,
that each connector in HAP ABA service is not monitored to detect leaks
in accordance with Sec. 63.1304(a); each calendar day after 5 calendar
days after detection of a leak that a first attempt at repair has not
been made, and the earlier of each calendar day after 15 calendar days
after detection of a leak that a leak is not repaired, or if a leak is
not repaired as soon as practicable, each subsequent calendar day (with
the exception of situations meeting the criteria of Sec. 63.1296(f));
(10) For each affected source complying with Sec. 63.1296(c)(3) for
one or more connectors designated as unsafe-to-monitor in accordance
with Sec. 63.1296(c)(3)(i), failure to develop the written plan
required by Sec. 63.1296(c)(3)(ii), each period specified in the
written plan that an unsafe-to-monitor valve in HAP ABA service is not
monitored, each calendar day after 5 calendar days after detection of a
leak of an unsafe-to-monitor connector that a first attempt at repair
has not been made, and the earlier of each calendar day after 15
calendar days after detection of a leak that a leak is not repaired, or
if a leak is not repaired as soon as practicable, each subsequent
calender day (with the exception of situations meeting the criteria of
Sec. 63.1296(f));
(11) For each affected source complying with Sec. 63.1296(c)(4) for
one or more connectors designated as unsafe to repair, each year that
one or more unsafe-to-repair connectors in HAP ABA service is not
monitored to detect leaks in accordance with Sec. 63.1304(a); each
calendar day after 3 months after one or more unsafe-to-repair
connectors has been opened, has otherwise had the seal broken, or a
leak is repaired, that each unsafe-to-repair connector in HAP ABA
service is not monitored to detect leaks in accordance with
Sec. 63.1304(a); and the earlier of each calendar day after six-months
after detection of a leak that a leak is not repaired, or if a leak is
not repaired as soon as practicable, each subsequent calendar day;
(12) For each affected source complying with Sec. 63.1296(d) in
[[Page 54010]]
accordance with Sec. 63.1296(d)(1) and (2), each calendar day after the
5 days that the pressure-relief device has not been monitored in
accordance with Sec. 63.1304(a) after a potential leak was discovered
as described in Sec. 63.1296(d)(1), each calendar day after 5 calendar
days after detection of a leak that a first attempt at repair has not
been made, and the earlier of each calendar day after 15 calendar days
after detection of a leak that a leak is not repaired, or if a leak is
detected and not repaired as soon as practicable, each subsequent
calendar day (with the exception of situations meeting the criteria of
Sec. 63.1296(f));
(13) For each affected source complying with Sec. 63.1296(e) in
accordance with Sec. 63.1296(e)(1) through (5), each calendar day that
an open-ended valve or line has no cap, blind flange, plug or second
valve as described in Sec. 63.1296(e)(2), and each calendar day that a
valve on the process fluid end of an open-ended valve or line equipped
with a second valve is not closed before the second valve is closed;
(14) For each affected source complying with Sec. 63.1297(a) in
accordance with the rolling annual compliance option in
Sec. 63.1297(a)(1) and (b), each calendar day in the 12-month period
for which the actual HAP ABA emissions exceeded the allowable HAP ABA
emissions level, each calendar day in which foam is being poured where
the amount of polyol added at the mixhead is not monitored (as
required) in accordance with Sec. 63.1303(b)(1)(i), each calendar day
in which foam is being poured where the amount of HAP ABA added at the
mixhead is not monitored (as required) in accordance with
Sec. 63.1303(b)(1)(ii), each calendar day in a 6-month period in which
the polyol pumps are not calibrated in accordance with
Sec. 63.1303(b)(3)(i), each calendar day in a month in which the HAP
ABA pumps are not calibrated in accordance with Sec. 63.1303(b)(3)(ii),
and each calendar day after 10 working days after production where the
IFD and density of a foam grade are not determined (where required) in
accordance with Sec. 63.1304(b);
(15) For each affected source complying with Sec. 63.1297(a) in
accordance with the monthly compliance option in Sec. 63.1297(a)(2) and
(c), each calendar day of each month for which the actual HAP ABA
emissions exceeded the allowable HAP ABA emissions level for that
month, each calendar day in which foam is being poured where the amount
of polyol added at the mixhead is not monitored (as required) in
accordance with Sec. 63.1303(b)(1)(i), each calendar day in which foam
is being poured where the amount of HAP ABA added at the mixhead is not
monitored (as required) in accordance with Sec. 63.1303(b)(1)(ii), each
6-month period in which the polyol pumps are not calibrated in
accordance with Sec. 63.1303(b)(3)(i), each month in which the HAP ABA
pumps are not calibrated in accordance with Sec. 63.1303(b)(3)(ii), and
each calendar day after 10 working days after production where the IFD
and density of a foam grade are not determined (where required) in
accordance with Sec. 63.1304(b);
(16) For each affected source complying with Sec. 63.1297(a) by
using a recovery device as allowed under Sec. 63.1297(e), the items
listed in (c)(16)(i) or (ii) of this section, as applicable.
(i) If complying with rolling annual compliance option in
Sec. 63.1297(a)(1) and (b), each item listed in (c)(14) of this
section, failure to develop a recovered HAP ABA monitoring and
recordkeeping program in accordance with Sec. 63.1303(c), and each
instance when an element of the program is not followed.
(ii) If complying with the monthly compliance option in
Sec. 63.1297(a)(2) and (c), each item listed in (c)(15) of this
section, failure to develop a recovered HAP ABA monitoring and
recordkeeping program in accordance with Sec. 63.1303(c), and each
instance when an element of the program is not followed.
(17) For each affected source complying with Sec. 63.1298, each
calendar day that a HAP or any HAP-based material is used as an
equipment cleaner.
(d) Slabstock affected sources complying with the source-wide
emission limitation. For slabstock affected sources complying with the
source-wide emission limitation as provided in Sec. 63.1293(b), failure
to meet the requirements contained in Sec. 63.1299 shall be considered
a violation of this subpart. Violation of each item listed in the
paragraphs (d)(1) through (d)(3) of this section, as applicable, shall
be considered a separate violation.
(1) For each affected source complying with Sec. 63.1299 in
accordance with the rolling annual compliance option in
Sec. 63.1299(a), each calendar day in the 12-month period for which the
actual HAP ABA emissions exceeded the allowable HAP ABA emissions
level, each calendar day in which foam is being poured where the amount
of polyol added at the mixhead is not monitored (as required) in
accordance with Sec. 63.1303(b)(1)(i), each calendar day in a week in
which the amount of HAP ABA in a storage vessel is not determined in
accordance with Sec. 63.1303(d), each delivery of HAP ABA in which the
amount of HAP ABA added to the storage vessel is not determined in
accordance with Sec. 63.1303(e), each calendar day in a 6-month period
in which the polyol pumps are not calibrated in accordance with
Sec. 63.1303(b)(3)(i), and each calendar day after 10 working days
after production where the IFD and density of a foam grade are not
determined (where required) in accordance with Sec. 63.1304(b);
(2) For each affected source complying with Sec. 63.1299 in
accordance with the monthly compliance option in Sec. 63.1299(b), each
calendar day of each month for which the actual HAP ABA emissions
exceeded the allowable HAP ABA emissions level for that month, each
calendar day in which foam is being poured where the amount of polyol
added at the mixhead is not monitored (as required) in accordance with
Sec. 63.1303(b)(1)(i), each calendar day in a week in which the amount
of HAP ABA in a storage vessel is not determined in accordance with
Sec. 63.1303(d), each delivery of HAP ABA in which the amount of HAP
ABA added to the storage vessel is not determined in accordance with
Sec. 63.1303(e), and each calendar day in a 6-month period in which the
polyol pumps are not calibrated in accordance with
Sec. 63.1303(b)(3)(i), and each calendar day after 10 working days
after production where the IFD and density of a foam grade are not
determined (where required) in accordance with Sec. 63.1304(b).
(3) For each affected source complying with Sec. 63.1299 by using a
recovery device as allowed under Sec. 63.1299(e), the items listed in
(d)(3)(i) or (ii) of this section, as applicable.
(i) If complying with rolling annual compliance option in
Sec. 63.1299(a), each item listed in (d)(1) of this section, failure to
develop a recovered HAP ABA monitoring and recordkeeping program in
accordance with Sec. 63.1303(c), and each instance when an element of
the program is not followed.
(ii) If complying with the monthly compliance option in
Sec. 63.1299(b), each item listed in (d)(2) of this section, failure to
develop a recovered HAP ABA monitoring and recordkeeping program in
accordance with Sec. 63.1303(c), and each instance when an element of
the program is not followed.
(e) Molded and rebond foam affected sources. For molded and rebond
foam affected sources, failure to meet the requirements contained in
Sec. 63.1300 and Sec. 63.1301, respectively, shall be
[[Page 54011]]
considered a violation of this subpart. Violation of each item listed
in the following paragraphs shall be considered a separate violation.
(1) For each molded foam affected source subject to the provisions
in Sec. 63.1300(a), each calendar day that a HAP-based material is used
as an equipment cleaner (except for diisocyanates used to flush the
mixhead and associated piping during periods of startup or maintenance,
provided that the diisocyanate compounds are contained in a closed-loop
system and are re-used in production);
(2) For each molded foam affected source subject to the provisions
of Sec. 63.1300(b), each calendar day that a HAP-base material is used
as a mold release agent;
(3) For each rebond foam affected source subject to the provisions
of Sec. 63.1301(a), each calendar day that a HAP-based material is used
as an equipment cleaner; and
(4) For each rebond foam affected source complying with
Sec. 63.1301(b), each calendar day that a HAP-based mold release agent
is used.
Sec. 63.1309 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under Sec. 112(d) of the Clean Air Act, the authorities contained
in paragraph (b) of this section shall be retained by the Administrator
and not transferred to a State.
(b) The authority conferred in Sec. 63.1303(b)(5) and
Sec. 63.1305(d) shall not be delegated to any State.
Appendix to Subpart III--Tables
For the convenience of the readers of subpart III, the tables below
summarize the requirements in Secs. 63.1290 to 63.1307. These tables
are intended to assist the reader in determining the requirements
applicable to affected sources and do not alter an affected source's
obligation to comply with the requirements in Secs. 63.1290 to 63.1307.
TABLE 1 TO SUBPART III--HAP ABA FORMULATION LIMITATIONS MATRIX FOR
NEW SOURCES [see Sec. 63.1297(d)(2)]
[GRAPHIC] [TIFF OMITTED] TR07OC98.010
Table 2 to Subpart III--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart III.
----------------------------------------------------------------------------------------------------------------
Applies to
Subpart A reference subpart III Comment
----------------------------------------------------------------------------------------------------------------
Sec. 63.1............................................... YES Except that Sec. 63.1(c)(2) is not
applicable to the extent area
sources are not subject to subpart
III.
Sec. 63.2............................................... YES Definitions are modified and
supplemented by Sec. 63.1292.
Sec. 63.3............................................... YES
Sec. 63.4............................................... YES
Sec. 63.5............................................... YES
Sec. 63.6 (a)-(d)....................................... YES
Sec. 63.6(e) (1)-(2).................................... YES
Sec. 63.6(e)(3)......................................... NO Owners and operators of subpart III
affected sources are not required to
develop and implement a startup,
shutdown, and malfunction plan.
Sec. 63.6 (f)-(g)....................................... YES
[[Page 54012]]
Sec. 63.6(h)............................................ NO Subpart III does not require opacity
and visible emission standards.
Sec. 63.6 (i)-(j)....................................... YES
Sec. 63.7............................................... NO Performance tests not required by
subpart III.
Sec. 63.8............................................... NO Continuous monitoring, as defined in
subpart A, is not required by
subpart III.
Sec. 63.9 (a)-(d)....................................... YES
Sec. 63.9 (e)-(g)....................................... NO
Sec. 63.9(h)............................................ NO Subpart III specifies Notification of
Compliance Status requirements.
Sec. 63.9 (i)-(j)....................................... YES
Sec. 63.10 (a)-(b)...................................... YES Except that the records specified in
Sec. 63.10(b)(2)(vi) through (xi)
and (xiii) are not required.
Sec. 63.10(c)........................................... NO
Sec. 63.10(d)(1)........................................ YES
Sec. 63.10 (d) (2)-(3).................................. NO
Sec. 63.10 (d) (4)-(5).................................. YES
Sec. 63.10(e)........................................... NO
Sec. 63.10(f)........................................... YES
Sec. 63.11.............................................. YES
Sec. 63.12.............................................. YES
Sec. 63.13.............................................. YES
Sec. 63.14.............................................. YES
Sec. 63.15.............................................. YES
----------------------------------------------------------------------------------------------------------------
Table 3 to Subpart III.--Compliance Requirements for Slabstock Foam Production Affected Sources Complying with the Emission Point Specific Limitations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission, work
Emission point Emission point practice, and Monitoring Recordkeeping Reporting
compliance option equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diisocyanate storage vessels Sec. Vapor balance......... Sec. 63.1294(a)(1) Sec. 63.1294(a)(1)(i Sec. 63.1307(a)(1) Sec. 63.1306(e)(5).
63.1294(a) and (1)(ii). ). and (4).
Carbon adsorber....... Sec. 63.1294(a)(2)... Sec. 63.1303(a)(1), Sec. 63.1307(a)(1), Sec. 63.1306(e)(3).
(3), and (4). (3)(i), and (3)(iii).
Carbon adsorber-- Sec. 63.1294(a)(2)... Sec. 63.1303(a)(2), Sec. 63.1307(a)(1), Sec. 63.1306(e)(3).
alternative (3) and (4). (3)(ii), and
monitoring. (3)(iii).
Diisocyanate transfer pumps Sec. Sealless pump......... Sec. 63.1294(b)(1)... ..................... Sec. 63.1307 .....................
63.1294(b) (b)(1)(i) and (2).
Submerged pump........ Sec. 63.1294(b)(2)(i) Sec. 63.1294 Sec. 63.1307 Sec. 63.1306(e)(4).
and (iii). (b)(2)(ii). (b)(1)(i), (2), and
(3).
Other components in diisocyanate N/A................... Sec. 63.1294(c)...... Sec. 63.1294(c)..... Sec. 63.1307 Sec. 63.1306(e)(4).
service Sec. 63.1294(c). (b)(1)(i) and (3).
HAP ABA storage vessels Sec. Vapor balance......... Sec. 63.1295(b) and Sec. 63.1295 (b)(1). Sec. 63.1307(a)(2) Sec. 63.1306(e)(5).
63.1295 (b)(2). and (4).
Carbon adsorber....... Sec. 63.1295(c)...... Sec. 63.1303(a)(1), Sec. 63.1307(a)(2), Sec. 63.1306(e)(3).
(3), and (4). (3)(i), (3)(iii).
Carbon adsorber-- Sec. 63.1295(c)...... Sec. 63.1303(a)(2), Sec. 63.1307(a)(2), Sec. 63.1306(e)(3).
alternative (3) and (4). (3)(ii), and
monitoring. (3)(iii).
HAP ABA pumps Sec. 63.1296(a): Sealless pump......... Sec. 63.1296(a)(1)... ..................... Sec. 63.1307 .....................
(b)(1)(ii).
Quarterly monitoring.. Sec. 63.1296(a)(2) Sec. 63.1296(a)(2)(i Sec. 63.1307 Sec. 63.1304(e)(4).
and (2)(iii). ), (2)(ii) and Sec. (b)(1)(ii) and (3).
63.1304(a).
HAP ABA valves Sec. 63.1296(b): Quarterly monitoring.. Sec. 63.1296(b), and Sec. 63.1296 (b)(1) Sec. 63.1307 Sec. 63.1304(e)(4).
(b)(2). and Sec. 63.1304(a). (b)(1)(ii) and (3).
Unsafe-to-monitor..... Sec. 63.1296(b)(3) Sec. 63.1296 Sec. 63.1307 Sec. 63.1304(e)(4).
(i), (ii), and (iv). (b)(3)(iii). (b)(1)(ii), and (4).
Difficult-to-monitor.. Sec. 63.1296(b)(4) Sec. 63.1296(b)(4)(i Sec. 63.1307 Sec. 63.1306(e)(4).
(i), (ii), (iii), and v) and Sec. (b)(1)(ii) and (4).
(v). 63.1304(a).
HAP ABA Connectors Sec. Annual monitoring..... Sec. 63.1296(c) and Sec. 63.1296(c)(1) Sec. 63.1307 Sec. 63.1306(e)(4).
63.1296(c):. (c)(2). and Sec. 63.1304(a). (b)(1)(ii) and (3).
Unsafe-to-monitor..... Sec. 63.1296(c)(2), Sec. 63.1296(c)(3) Sec. 63.1307 Sec. 63.1306(e)(4).
(3) (i), and (ii). (iii) and Sec. (b)(1)(ii) and (4).
63.1304(a).
Unsafe-to-repair...... Sec. 63.1296(c)(4)... Sec. 63.1296(c)(1).. Sec. 63.1307 Sec. 63.1306(e)(4).
(b)(1)(ii).
[[Page 54013]]
Pressure-relief devices Sec. N/A................... Sec. 63.1296(d) and Sec. 63.1296 (d)(1) Sec. 63.1307 Sec. 63.1306(e)(4).
63.1296(d) (d)(2). and Sec. 63.1304(a). (b)(1)(ii) and (3).
Open-ended valves or lines Sec. N/A................... Sec. 63.1296(e)...... ..................... Sec. 63.1307 .....................
63.1296(e). (b)(1)(ii).
Production line Sec. 63.1297...... Rolling annual Sec. 63.1297(a)(1) Sec. 63.1303 (b).... Sec. 63.1307(c)(1).. Sec. 63.1306(e)(1).
compliance. and (b).
Monthly compliance.... Sec. 63.1297(a)(2) Sec. 63.1303 (b).... Sec. 63.1307(c)(1).. Sec. 63.1306(e)(2).
and (c).
Compliance Using a Sec. 63.1297(a)(1), Sec. 63.1303 (b) and Sec. 63.1307(c)(1) Sec. 63.1306(e)(1)
Recovery device. (b), and (e) for (c). and (d). or (2).
rolling annual
compliance or Sec.
63.1297(a)(2), (c),
and (e) for monthly
compliance.
Equipment Cleaning Sec. 63.1298... N/A................... Sec. 63.1298......... ..................... Sec. 63.1307(e)..... .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4 to Subpart III.--Compliance Requirements for Slabstock Foam Production Affected Sources Complying With the Source-Wide Emission Limitation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission, work
Emission point Emission point practice, and Monitoring Recordkeeping Reporting
compliance option equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diisocyanate storage vessels Sec. Vapor balance......... Sec. 63.1294(a)(1) Sec. 63.1294(a)(1)(i Sec. 63.1307(a)(1) Sec. 63.1306(e)(5).
63.1294(a). and (1)(ii). ). and (4).
Carbon adsorber....... Sec. 63.1294(a)(2)... Sec. 63.1303(a)(1), Sec. 63.1307(a)(1), Sec. 63.1306(e)(3).
(3), and (4). (3)(i), and (3)(iii).
Carbon adsorber-- Sec. 63.1294(a)(2)... Sec. 63.1303(a)(2), Sec. 63.1307(a)(1), Sec. 63.1306(e)(3).
alternative (3) and (4). (3)(ii), and
monitoring. (3)(iii).
Diisocyanate transfer pumps Sec. Sealless pump......... Sec. 63.1294(b)(1)... ..................... Sec. 63.1307 .....................
63.1294(b). (b)(1)(i) and (2).
Submerged pump........ Sec. 63.1294(b)(2)(i) Sec. 63.1294 Sec. 63.1307 Sec. 63.1306(e)(4).
and (iii). (b)(2)(ii). (b)(1)(i), (2), and
(3).
Other components in diisocyanate N/A................... Sec. 63.1294(c)...... Sec. 63.1294(c)..... Sec. 63.1307 Sec. 63.1306(e)(4).
service Sec. 63.1294(c). (b)(1)(i) and (3).
HAP ABA storage vessels, equipment Rolling annual Sec. 63.1299(a), Sec. 63.1303 (b) Sec. 63.1307(c)(2).. Sec. 63.1306(e)(1).
leaks, production line, and compliance. (c)(1) through (4), except (b)(1)(ii),
equipment cleaning. and (d). (d), and (e).
Monthly compliance.... Sec. 63.1299(b), Sec. 63.1303 (b) Sec. 63.1307(c)(2).. Sec. 63.1306(e)(2).
(c)(1) through (4), except (b)(1)(ii),
and (d). (d), and (e).
Compliance Using a Sec. 63.1299(a), (d), Sec. 63.1303 (b) Sec. 63.1307(c)(2) Sec. 63.1306(e)(1)
Recovery device. and (e) for rolling except (b)(1)(ii) and (d). or (2).
annual compliance or and (c).
Sec. 63.1299(b),
(d), and (e) for
monthly compliance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 54014]]
Table 5 to Subpart III.--Compliance Requirements for Molded and Rebond Foam Production Affected Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission, work
Emission point Emission point practice, and Monitoring Recordkeeping Reporting
compliance option equipment standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Molded Foam
Equipment cleaning................. N/A................... Sec. 63.1300(a)...... ..................... Sec. 63.1307(g)..... .....................
Mold release agent................. N/A................... Sec. 63.1300(b)...... ..................... Sec. 63.1307 (h).... .....................
Rebond Foam
Equipment cleaning................. N/A................... Sec. 63.1301(a)...... ..................... Sec. 63.1307 (g).... .....................
Mold release agent................. N/A................... Sec. 63.1301(b)...... ..................... Sec. 63.1307 (h).... .....................
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[FR Doc. 98-25894 Filed 10-6-98; 8:45 am]
BILLING CODE 6560-50-P