[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66084-66101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6190-5]
RIN 2060-AF26


National Emission Standards for Hazardous Air Pollutants: 
Publicly Owned Treatment Works

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking; notice of public hearing.

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SUMMARY: A proposed rule for the publicly owned treatment works (POTW) 
source category is required to implement section 112 of the Clean Air 
Act as amended (Act) and reflects the Administrator's determination 
that POTW sources emit hazardous air pollutants (HAP) identified on the 
EPA's amended list of 188 HAP. The primary HAP emitted by these sources 
include xylenes, methylene chloride, toluene, ethyl benzene, 
chloroform, tetrachloroethylene, benzene, and naphthalene.
    The emission standards that the EPA is proposing with today's 
notice would require control for HAP emissions from each new or 
reconstructed POTW treatment plant which is a major source of HAP. The 
standards would also require each existing and new POTW treatment plant 
that treats specific industrial waste streams from an industrial user, 
for the purpose of allowing that industrial user to comply with another 
National Emission Standard for Hazardous Air Pollutants (NESHAP), to 
meet the treatment and control requirements of the relevant NESHAP. The 
EPA is not proposing any standard for publicly owned sewage and 
wastewater collection systems at this time, because sufficient 
information is not available at present to determine the amount of HAP 
emissions from such systems or to evaluate the practicality of 
controlling such emissions.
    Although section 112(e)(5) of the Act required the EPA to 
promulgate a maximum achievable control technology (MACT) standard for 
POTW by November 15, 1995, the EPA was unable to collect and evaluate 
the necessary information to meet that deadline. Under the separate 
schedule for promulgation of MACT standards established by the EPA 
pursuant to sections 112(e)(1) and (e)(3), the EPA was required to 
promulgate a MACT standard for POTW by November 15, 1997. However, 
because the EPA was unable to meet that deadline as well, the MACT 
``hammer'' date may eventually apply to the POTW source category. Under 
section 112(j)(2), the MACT ``hammer'' date is the date by which 
affected facilities will be required to apply for a case-by-case MACT 
emission limitation if the EPA has not promulgated a generally 
applicable MACT standard. This date is May 15, 1999.

DATES: Comments. Comments must be received on or before January 15, 
1999.
    Public Hearing. A public hearing will be held, if requested, to 
provide interested persons an opportunity for oral presentation of 
data, views, or arguments concerning the proposed standards for POTW 
sources. If anyone contacts the EPA requesting to speak at a public 
hearing by December 16, 1998, a public hearing will be held on December 
31, 1998.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
(LE-131), Attention, Docket No. A-96-46, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. The EPA requests that a 
separate copy of comments also be sent to Mr. Robert B. Lucas (see FOR 
FURTHER INFORMATION CONTACT for address). Comments and data may also be 
submitted electronically by following the instructions below. No 
confidential business information (CBI) should be submitted through e-
mail.
    Electronic comments can be sent directly to the EPA at: A-and-R-
D[email protected]. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on disk in 
WordPerfect in 5.1 file format or ASCII file format. All comments and 
data submitted in electronic form must note the docket number A-96-46. 
Electronic comments on this proposed rule may be filed online at many 
Federal Depository Libraries.
    Public Hearing: If requested, the public hearing will be held in 
Research Triangle Park, North Carolina, beginning at 9:30 a.m. Persons 
interested in attending a public hearing should contact JoLynn Collins, 
(919) 541-5671, Waste and Chemical Processes Group (MD-13) to determine 
whether a hearing will be held and to obtain information on the exact 
location.
    Request to Speak at a Hearing. Persons wishing to make an oral 
presentation at a hearing must notify Jo Lynn Collins, Waste and 
Chemical Processes Group (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone (919) 541-5671.
    Docket. The official record for this rulemaking will be compiled 
under docket number A-96-46, (including comments and data submitted 
electronically as described above). All materials in the docket 
(including a printed version of each electronic comment), excluding any 
portion of any materials claimed by the submitter as confidential 
business information, will be available for inspection and copying from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
public docket for this rulemaking is located at the address in 
ADDRESSES at the beginning of this document. A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
proposed standards, contact Mr. Robert B. Lucas, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone (919) 541-0884; facsimile (919) 541-0246; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Entities potentially regulated by this action 
are publicly owned treatment works. Regulated categories and entities 
include:

[[Page 66085]]



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                Category                  Examples of regulated entities
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Industry...............................  Not affected.
Federal government.....................  Sewerage Systems (SIC 4952),
                                          Sewage Treatment Facilities
                                          (NAICS 22132).
State/local/tribal government..........  Sewerage Systems (SIC 4952),
                                          Sewage Treatment Facilities
                                          (NAICS 22132), Municipal
                                          Wastewater Treatment
                                          Facilities, Publicly Owned
                                          Treatment Works.
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    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 Agency is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table also could be regulated. To determine 
whether your facility or company is regulated by this action, you 
should carefully examine the applicability criteria in section III.A of 
this document and in Sec. 63.1580 of the proposed rule. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    Internet. The text of today's notice also is available on the EPA's 
web site on the Internet under recently signed rules at the following 
address: http://www.epa.gov/ttn/oarpg/rules.html. The EPA's Office of 
Air and Radiation (OAR) homepage on the Internet also contains a wide 
range of information on the air toxics program and many other air 
pollution programs and issues. The OAR's homepage address is: http://
www.epa.gov/oar/.
    Electronic Access and Filing Addresses. The official record for 
this rulemaking, as well as the public version, has been established 
for this rulemaking under Docket No. A-96-46 (including comments and 
data submitted electronically). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as confidential business 
information (CBI), is available for inspection from 8 a.m. to 5:30 
p.m., Monday through Friday, excluding legal holidays. The official 
rulemaking record is located at the address in ADDRESSES at the 
beginning of this document.
    Electronic comments can be sent directly to the EPA's Air and 
Radiation Docket and Information Center at: ``A-and-R-
D[email protected].'' Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on disks in 
WordPerfect in 5.1 file format or ASCII file format. All comments and 
data in electronic form must be identified by the docket number (A-96-
46). No CBI should be submitted through electronic mail. Electronic 
comments on this proposed rule may be filed online at many Federal 
Depository Libraries. This proposal is available on the technology 
transfer network (TTN) on the EPA's electronic bulletin boards. The TTN 
provides information and technology exchange in various areas of air 
emissions control. The service is free and may be accessed via the TTN 
web site at http://www.epa.gov/ttn/oarpg.
    The following outline is provided to aid in reading the preamble to 
today's proposal.

I. Background
    A. Requirements of Section 112 of the Clean Air Act
    B. Source Category Description
    C. Overview of HAP Emissions from POTW
    D. Stakeholder and Public Participation
II. Description of HAP Sources and Controls
    A. Summary of Available Information
    B. Hazardous Air Pollutant Types
    C. Hazardous Air Pollutant Sources
    D. Estimated Hazardous Air Pollutant Emissions
    E. Hazardous Air Pollutant Control Options
III. Proposed Approach for Source Category Subcategorization
IV. Determination of MACT
    A. MACT for Existing Sources in the Non-Industrial POTW 
Treatment Plants Subcategory
    B. MACT for New Sources in the Non-Industrial POTW Treatment 
Plants Subcategory
    C. MACT for Existing Sources in the Industrial POTW Treatment 
Plants Subcategory
    D. MACT for New Sources in the Industrial POTW Treatment Plants 
Subcategory
V. Solicitation of Comments
    A. Pretreatment
    B. Wastewater Collection Systems
VI. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Regulatory Flexibility Act
    E. Unfunded Mandates
    F. Executive Order 13045
    G. National Technology Transfer and Advancement Act
    H. Executive Order 12875: Enhancing the Intergovernmental 
Partnership
    I. Executive Order 13084: Consultation and coordination with 
Indian Tribal Governments

I. Background

A. Requirements of Section 112 of the Clean Air Act

    Section 112 of the Act addresses stationary sources of HAP. Section 
112(b) of the Act, as amended, lists 188 chemicals, compounds, or 
groups of chemicals as HAP. The EPA is directed by section 112 to 
regulate the emissions of HAP from stationary sources by establishing 
national emission standards.
    The statute requires the EPA to establish standards to reflect the 
maximum degree of reduction in HAP emissions through application of 
MACT to major sources. Section 112(a)(1) of the Act defines a major 
source as:

    * * * any stationary source or group of stationary sources 
located within a contiguous area and under common control that emits 
or has the potential-to-emit, considering controls, in the aggregate 
10 tons per year (tpy) or more of any HAP or 25 tpy or more of any 
combination of HAP.

Section 112(d)(3) prescribes a minimum level of control for major 
sources of HAP, referred to as the MACT floor.
    Section 112(e)(5) of the Act required the EPA to promulgate a MACT 
standard for publicly owned treatment works by November 15, 1995. The 
EPA was unable to gather and evaluate the necessary information to meet 
that deadline. Another deadline for promulgation of the POTW MACT 
standard of November 15, 1997, was established separately by the EPA 
when it included the POTW standard in the seven-year group in the 
schedule for MACT standards established pursuant to sections 112 (e)(1) 
and (e)(3). Under section 112(j)(2) (the ``MACT hammer''), if the EPA 
fails to promulgate a POTW MACT standard by November 15, 1997, major 
sources in the POTW category would be required to submit within 18 
months thereafter (by May 15, 1999) an application for a permit which 
would impose MACT requirements on a case-by-case basis. Although the 
EPA was unable to meet the deadline for a POTW standard established by 
section 112(e)(5), the EPA intends to promulgate a final MACT standard 
applicable to this source category before any obligation for facilities 
to file an application under section 112(j)(2) can arise.

B. Source Category Description

    The EPA's initial list of categories of major sources of HAP 
emissions, established under section 112(c)(1) of the Act, included 
POTW. This list was published on July 16, 1992 (57 FR 31576).
    Section 112(e)(5) of the Act defines POTW by referring to the 
definition of treatment works in title II of the Federal Water 
Pollution Control Act, commonly referred to as the Clean Water Act. As 
set forth in section 212(2), 33 U.S.C. 1292(2), treatment works include 
the wastewater treatment units themselves, as well as intercepting 
sewers, outfall sewers, sewage collection systems,

[[Page 66086]]

pumping, power, and other equipment. Thus, any of these types of 
facilities which are publicly owned may be a POTW. The wastewater 
collected, transmitted, and treated by such POTW may be generated by 
industrial, commercial, and/or domestic sources.

C. Overview of HAP Emissions from POTW

    Some POTW are estimated by the EPA to be major sources of HAP 
emissions. The primary HAP constituents currently associated with POTW 
sources include xylenes, methylene chloride, toluene, ethyl benzene, 
chloroform, tetrachloroethylene, benzene, and naphthalene. There are 
potential adverse health impacts associated with exposure to these HAP. 
For example, exposure to methylene chloride adversely affects the 
central nervous system and results in increased liver and lung cancer 
in animals, and benzene is a known human carcinogen.
    The HAP emitted by POTW originate in wastewater streams discharged 
by industrial, commercial, and other facilities to the POTW for 
treatment. Hazardous air pollutants present in wastewater entering POTW 
treatment plants can biodegrade, adhere to sewage sludge, volatilize to 
the air, or pass through (remain in the discharge) to receiving waters. 
Within the POTW category, wastewater treatment units are the most 
likely source for HAP emissions, but wastewater collection systems 
(including transport systems) may also have emissions.
    The EPA has assessed available information regarding HAP emissions 
from POTW and currently-used add-on controls. The information supports 
nationwide requirements for treatment and controls at a subcategory of 
POTW treatment plants. This subcategory includes POTW treatment plants 
that treat specific industrial waste streams for the purpose of 
allowing an industrial user to comply with another NESHAP. The 
information also supports nationwide requirements for add-on controls 
at new or reconstructed POTW treatment plants. For detailed information 
on these requirements see section IV. (Determination of MACT) of 
today's proposal.
    Today's proposal addresses only the wastewater treatment portion of 
publicly owned treatment works. At this time, insufficient information 
is available for the EPA to determine whether publicly owned wastewater 
collection systems are themselves major sources of HAP and whether HAP 
emissions from such systems can be effectively controlled. The EPA is 
asking the public for additional information on emissions and controls 
for wastewater collection systems, as well as the use of pretreatment 
to reduce emissions (see section V.A., Pretreatment, of today's 
proposal). The EPA is also asking if today's proposal makes clear the 
difference between POTW treatment plants and publicly owned treatment 
works. All information collected as a result of this solicitation will 
be included in the docket.

D. Stakeholder and Public Participation

    As prescribed in section 112(n)(3) of the Act:

    The Administrator may conduct, in cooperation with the owners 
and operators of publicly owned treatment works, studies to 
characterize emissions of hazardous air pollutants emitted by such 
facilities, to identify industrial, commercial and residential 
discharges that contribute to such emissions and to demonstrate 
control measures for such emissions. When promulgating any standard 
under this section applicable to publicly owned treatment works, the 
Administrator may provide for control measures that include 
pretreatment of discharges causing emissions of hazardous air 
pollutants and process or product substitutions or limitations that 
may be effective in reducing such emissions.

    During the development of the proposed standards, representatives 
of POTW and sanitation districts were extensively consulted. The EPA 
has been working with a trade association known as the Association of 
Metropolitan Sewerage Agencies (AMSA) for approximately six years. 
During that time, the AMSA members assisted the EPA in identifying, 
gathering, and assessing available information regarding HAP emissions 
from POTW, arranging site visits, and providing technical review. In 
addition, State and local agencies assisted in data gathering and 
technical review. A database comprising information supplied by the 
AMSA was used in the evaluation of HAP emissions and emissions control 
for POTW. Estimates of organic HAP emissions from model sources were 
developed by the EPA based on information supplied by the AMSA, 
including most of the modeling inputs used for the EPA WATER8 emissions 
estimation model (see section II.D., Estimated Hazardous Air Pollutant 
Emissions, of today's proposal).
    The AMSA is an organization that comprises 150 member agencies 
representing approximately 450 POTW sources that each treat 37.9 
thousand cubic meters per day (cmpd) (10 million gallons per day (MGD)) 
or more. Of the 193 largest cities in the nation, 110 (approximately 60 
percent) are represented. The POTW sources associated with these 110 
cities treat approximately 49.2 million cmpd (13,000 MGD), and serve 
approximately 100 million people (out of the 175 million people in the 
nation that have sewer service).

II. Description of HAP Sources and Controls

A. Summary of Available Information

    There are approximately 15,600 publicly owned treatment works 
nationwide that receive and treat approximately 113.6 million cmpd 
(30,000 MGD) of domestic, commercial, and industrial wastewater. These 
POTW range in size from less than 0.4 thousand cmpd to greater than 1.9 
million cmpd (less than 0.1 to greater than 500 MGD). However, the 
majority of these facilities (approximately 80%) treat less than 3.8 
thousand cmpd (less than one MGD).
    The EPA has reviewed the general literature, conducted site visits, 
and conducted studies resulting in the development of model wastewater 
treatment facilities and model waste streams for this source category. 
In addition, the EPA has interacted with State and local agencies. The 
most comprehensive information obtained to date has been supplied by 
the AMSA, as a result of surveys of their members.
    The AMSA conducted two separate surveys of their members within the 
last four years. During 1992-1993, the AMSA surveyed approximately 200 
member agencies with well over 300 POTW under their jurisdiction. This 
survey requested facilities to provide data on liquid phase compounds 
that could possibly volatilize in the treatment process. In 1994, the 
AMSA conducted a national survey of over 100 member agencies 
representing many of the largest POTW in the nation. This survey 
requested influent monitoring data, with corresponding flow rate 
through the facilities for the sampling day(s). This data was collected 
for calendar years 1993 and 1994 for 108 compounds identified by the 
EPA as potentially being present in wastewater. The information 
provided to the EPA as a result of these two surveys has been reviewed 
and analyzed, and is the primary basis for the Agency's conclusions 
thus far regarding HAP emissions from POTW treatment plants and 
emission controls.

B. Hazardous Air Pollutant Types

    The primary HAP associated with POTW sources include xylenes, 
methylene chloride, toluene, ethyl benzene, chloroform, 
tetrachloroethylene, benzene, and naphthalene. These primary HAP have

[[Page 66087]]

the highest concentrations in the influent waste stream, according to 
data provided to the EPA by the AMSA. In addition, emissions estimation 
modeling indicates that these primary HAP would be emitted from 
wastewater treatment units when the compounds are present in the 
influent at significant concentrations and when treatment units are 
uncontrolled for air emissions. Most of these primary HAP are 
discharged to the collection system by industrial sources.

C. Hazardous Air Pollutant Sources

    Hazardous air pollutants present in wastewater entering POTW 
treatment plants can biodegrade, adhere to sewage sludge, volatilize to 
the air, or remain in the discharge to receiving waters. Wastewater 
treatment processes have traditionally been designed to remove solids 
and degrade organic matter to meet effluent guidelines, and the fate of 
HAP in wastewater has not been a design consideration. Chemical 
properties of each individual HAP, along with the design of POTW 
treatment plants, determine whether the HAP volatilizes to the 
atmosphere, or is eliminated through another means. Hazardous air 
pollutants may be shifted from one medium to another (to the air 
through volatilization or to sludge through adsorption), or destroyed 
through biodegradation. In addition, volatilization of HAP may occur in 
the wastewater collection system prior to reaching the POTW treatment 
plant.
    Typical wastewater treatment is a combination of physical, 
chemical, and biological processes designed to remove suspended solids 
and organic matter from solution. Publicly owned treatment works 
include wastewater collection systems, treatment units, and outfall or 
disposal units. Although wastewater treatment at most POTW use similar 
processes, such as settling processes and biological treatment, no two 
facilities are identical. Each facility differs in design and operation 
due to varying conditions such as flow, composition of the influent 
wastewater, and the environmental conditions and treatment requirements 
of the system. Treatment processes may also differ among facilities.
    Different levels of treatment that a POTW treatment plant may 
employ include primary, secondary, and advanced treatment. In general, 
primary treatment refers to physical operations to remove floating and 
settleable solids. Secondary treatment refers to the use of biological 
processes, in addition to primary processes, to remove organic matter. 
Advanced treatment refers to the use of additional combinations of unit 
operations and processes to remove specific constituents such as 
nitrogen or phosphorous not removed by prior processes.
    A typical POTW consists of a collection system, a series of 
processes that remove solids, organics, and other pollutants from the 
wastewater, and a series of processes for managing and treating sludge. 
In general, most HAP releases at these facilities occur from kinetic 
stripping caused by turbulent wastewater flow, aeration stripping 
caused by the addition of air to wastewater, or evaporation. Emissions 
occur at the first treatment units with both turbulent flow and 
exposure to the atmosphere. Some POTW have wastewater collection 
systems that meet these criteria. For other POTW, emissions may not 
occur until the first open treatment units (i.e., headworks, primary 
clarifiers, and biotreatment units).
    As the waste stream passes through each stage of treatment, the 
mass of organics is reduced, and thus the potential for emissions of 
organics is also reduced. Therefore, the potential HAP emissions from 
advanced treatment, chlorination and dechlorination, sludge digesters, 
and sludge dewatering are expected to be comparably small. Although the 
HAP chlorine is used to disinfect treated wastewater prior to 
discharge, facilities control chlorine feed by monitoring chlorine 
demand. As a result, minimal free chlorine is available to be emitted. 
Thus chlorine emissions are expected to be extremely low.
    In addition to the wastewater treatment processes at a POTW, other 
sources of HAP emissions, such as sewage sludge incinerators, may be 
co-located at the same site. Sewage sludge incineration will be 
regulated under section 129 of the Act, and will be included in the 
source category Other Solid Waste Incinerators, that is scheduled for 
promulgation in the year 2000. Combustion sources at POTW will also be 
regulated, under section 112, as part of the Industrial Combustion 
Coordinated Rulemaking. Although these other sources may be regulated 
separately from POTW, HAP emissions from any source co-located at the 
same site must be included when determining if the POTW is a major 
source.

D. Estimated Hazardous Air Pollutant Emissions

    Of the approximately 15,600 publicly owned wastewater treatment 
facilities nationwide, only six facilities have been identified thus 
far as potential major sources of HAP emissions (see section III., 
Proposed Approach for this Source Category, of today's proposal, for a 
description of the determination of major sources). Through the use of 
emission modeling, these six POTW treatment plants are estimated to 
emit a total of 245 megagrams per year (Mg/yr) of HAP. The average 
estimated emissions of HAP from each of these POTW treatment plants is 
41 Mg/yr.
    The EPA acknowledges that there are uncertainties inherent in any 
estimate of HAP emissions for sources as diverse as those in the POTW 
source category. However, the EPA believes that the engineering 
judgments and methodologies used in developing the HAP emissions 
estimates for this source category are reasonable given the available 
information. Documentation of the EPA's analysis is available for 
public inspection in the docket supporting this rulemaking (see 
ADDRESSES for further information on the docket). The EPA used the 
emissions estimation model WATER8 to estimate emissions from POTW, and 
believes it provides an accurate representation of emissions. However, 
the EPA requests comment on the use of the WATER8 model for 
determination of emissions from wastewater treatment processes.

E. Hazardous Air Pollutant Control Options

    Two different control options, add-on controls (i.e., covers or 
covers vented to a control device) and pretreatment (i.e., source 
control), may be utilized by POTW treatment plants. Existing add-on 
controls are typically used at POTW treatment plants to control odors 
and are not designed and operated to provide HAP emission reduction. 
Pretreatment is typically required of industrial users of POTW 
treatment plants to limit discharge of pollutants that might inhibit 
treatment operations at the facility or cause exceedences of the 
outfall discharge requirements by allowing certain compounds to pass 
through the treatment process in the water phase. Typically, existing 
add-on controls and pretreatment programs are not designed to prevent 
emission of HAP, although some incidental reduction may be achieved. 
Add-on controls and pretreatment programs are discussed further in the 
following paragraphs.
    Add-on controls. Some POTW treatment plants have covers on their 
existing treatment units. These covers are typically either: (1) Vented 
using a high ventilation rate (e.g., 12 or more air changes per hour); 
(2) vented using a low ventilation rate; or (3) not vented. When the 
high ventilation rates are used, the effectiveness of the covers at 
suppressing emissions is greatly

[[Page 66088]]

diminished, if not negated, by the increased air flow across the 
surface of the wastewater in the process. When the low ventilation 
rates are used, or the treatment unit is not vented, emissions from the 
treatment unit covered may be suppressed. Some equipment described by 
personnel at the POTW as ``covers'' are actually walkway grates placed 
over open channels designed to prevent personnel from falling into the 
treatment unit, and provide no air emission control.
    Typically, not all processes at a POTW treatment plant are covered. 
For example, some facilities cover only the screening unit. While the 
cover provides suppression of emissions from the treatment unit 
covered, it is likely that the suppressed emissions are released from 
the uncovered physical processes downstream. Therefore, even though 
suppression of the emissions in the covered treatment unit reduces 
emissions from that treatment unit, the suppressed emissions likely 
occur from the next physical process in the wastewater treatment. Thus, 
the covered treatment unit results in only a very small, if any, 
overall emission reduction from the POTW treatment plant. Using the 
WATER8 emissions estimation model, the EPA has estimated emissions from 
the six identified major POTW treatment plants. The results of this 
modeling indicate that overall emission reduction due to these covers 
is minimal (less than one percent).
    The covers used at existing POTW treatment plants are sometimes 
vented to odor control devices. Odor control devices currently in use 
include caustic scrubbers and granulated activated carbon (GAC) 
adsorption units. Caustic scrubbers are used to remove sulfur compounds 
by venting process emissions through a caustic water solution. Recent 
studies indicate that these odor control devices have little, if any, 
effect on removing the HAP of concern for POTW treatment plants. In 
addition, the AMSA has indicated, and the EPA concurs, that caustic 
scrubbers are ineffective at HAP emission reduction.
    Properly designed, operated, and maintained GAC adsorption units 
have been demonstrated to achieve at least a 95% reduction in HAP and 
volatile organic compound (VOC) emissions in some applications. 
According to the AMSA, however, GAC installed at POTW treatment plants 
(with one identified exception) are designed and operated for the 
purpose of odor control. Such GAC adsorption units have much less 
frequent replacement or regeneration of the carbon than GAC adsorption 
units designed for HAP control and, as a result, provide no effective 
overall HAP emission reduction. Therefore, the EPA has concluded that 
GAC adsorption units in place and operated for the purpose of odor 
control at POTW treatment plants are ineffective at reducing HAP 
emissions.
    The one exception identified is a POTW treatment plant where GAC 
adsorption units have been installed at the facility and are operated 
and maintained, at the expense of a petroleum refinery, to reduce risk 
from benzene emissions associated with refinery wastewater. This 
exception is discussed in section III (Source Category 
Subcategorization) of today's proposal.
    Pretreatment. The pretreatment program is authorized by the Clean 
Water Act. Regulations at 40 CFR 403.8(a) require all POTW that have a 
total design flow greater than five MGD and receiving pollutants from 
industrial users which pass through or interfere with the operation of 
the POTW or are otherwise subject to pretreatment standards to 
establish pretreatment programs. POTW agencies establish programs of 
pretreatment requirements for the industrial users discharging to their 
POTW. The programs must include the legal authority to allow the 
agencies to control the concentration of pollutants entering the POTW 
treatment plants. Such pollutants, if not limited in the POTW influent, 
may cause treatment process inhibition (e.g., adversely affecting the 
biotreatment organisms or present a safety/health concern to facility 
workers). They may also cause the facility to exceed its outfall 
discharge requirements by allowing certain compounds to ``pass-
through'' the treatment process and be discharged in the outfall waters 
at concentrations greater than permitted allowances. Finally, these 
pollutants can reduce sludge quality and limit sludge disposal options.
    The AMSA and representatives of State and local agencies, in 
meetings with the EPA, have recommended pretreatment as the preferred 
method for reducing HAP emissions from POTW treatment plants. 
Pretreatment would reduce HAP emissions from POTW treatment plants by 
reducing the concentration of HAP entering the facilities. Pretreatment 
would also reduce HAP emissions from the wastewater collection systems 
between the source and the POTW treatment plants. Studies of HAP 
emissions from wastewater collection systems indicate that such losses 
could be significant.
    The EPA's review of available information regarding pretreatment 
has revealed little substantive data on its effectiveness at reducing 
HAP emissions. However, the EPA believes that pretreatment for HAP may 
be a viable means to further reduce HAP emissions from POTW. Examples 
of pretreatment for HAP include reduction of HAP at the source (e.g., 
industrial process modifications; substitution of HAP compound with a 
non-HAP compound) or physical/chemical treatment of the waste stream 
prior to discharge from the industrial/ commercial facility (e.g., 
steam stripping). For certain POTW, pretreatment could reduce HAP 
emissions from both the collection system and the POTW treatment plant. 
However, information available to the EPA on the use of pretreatment to 
control HAP emissions from POTW is insufficient to propose any 
regulatory action at this time. The EPA intends to investigate the 
potential for HAP emission reduction as a result of pretreatment, based 
on information received as a result of today's proposal (see section 
V., Solicitation of Comments, of today's proposal).

III. Proposed Approach for Source Category Subcategorization

    As prescribed in section 112(d) of the Act, the level of control 
for existing major sources shall be no less stringent than:

    * * * the average emission limitation achieved by the best 
performing 12 percent of the existing sources . . . for categories 
and subcategories with 30 or more sources, or . . . the average 
emissions limitation achieved by the best performing five sources . 
. . for categories or subcategories with fewer than 30 sources.

This minimum level of control is referred to as the ``MACT floor.'' The 
MACT floor level for new major sources:

    * * * shall not be less stringent than the emission control that 
is achieved in practice by the best controlled similar source.

After determining any applicable MACT floor for each category or 
subcategory, the EPA then adopts a MACT standard for that category or 
subcategory which reflects the maximum degree of reduction in emissions 
of HAP which is achievable, taking into consideration the cost of 
achieving such emission reduction and any non-air quality health and 
environmental impacts and energy requirements.
    The MACT floors and MACT standards for a source category are based 
on available information. As prescribed in section 112(n)(3) of the Act 
(see section I.D., Stakeholder and Public Participation, of today's 
proposal), the EPA utilized information provided by the AMSA to assist 
in

[[Page 66089]]

determining MACT for this source category. As discussed in section 
II.A. (Summary of Available Information) of today's proposal, the AMSA 
provided the EPA with data received from some of its members. The AMSA 
identified a group of 19 POTW treatment plants from which they believed 
potential major sources could be identified. These 19 facilities were 
identified by the AMSA because they had influent HAP loadings of more 
than 10 tpy for a single constituent or more than 25 tpy for a 
combination of constituents, or because the AMSA believed they had the 
ability to be potential major sources based on knowledge and 
professional judgment. Based on a modeling of these 19 POTW treatment 
plants, only six are potential major sources. The EPA based its 
determination of the MACT floor for this source category on these six 
sources.
    Of the six potential major sources identified, one POTW treatment 
plant is substantially different from the others. Until recently, the 
EPA believed that this source was used by a petroleum refinery to treat 
benzene-containing wastes to meet their obligations under the National 
Emission Standard for Benzene Waste Operations (40 CFR Part 61, Subpart 
FF). Based on new information from the POTW, the EPA recently learned 
that the POTW controls benzene emissions in response to the California 
Air Toxics Information and Assessment Act of 1987 (AB2588) (see section 
IV., Determination of MACT, of today's proposal), rather than in 
response to the Benzene Waste Operations NESHAP.
    Although the EPA is not at this time aware of any instance where an 
industrial user uses a POTW treatment plant to comply with emission 
reductions required by any other NESHAP, the EPA believes that such 
dischargers may exist now or in the future. Over the years, many 
industries have used POTW treatment plants designed to treat industrial 
wastewater along with the municipal wastewater. As NESHAP that require 
the control of HAP emissions from wastewater are promulgated, 
industrial users may elect, where it is permissible under the NESHAP, 
to comply with these standards through off-site treatment of their 
wastewater at POTW rather than by adding emission controls to on-site 
industrial wastewater treatment plants. When an industrial user elects 
to utilize controls installed and operated at POTW to comply with 
another NESHAP (e.g., carbon adsorbers operated in a manner that 
controls HAP emissions, closed conveyance of wastewater between 
processes, operation of leak detection and repair programs), these 
controls will likely be considerably more stringent than those which 
would otherwise be typical at POTW treatment plants not treating 
regulated industrial waste streams. In such instances, the POTW would 
operate the controls as the agent of the industrial user, who would in 
turn be responsible for compliance with the other NESHAP. By 
establishing a subcategory for POTW treatment plants that treat 
regulated industrial waste streams, the EPA will also be able to 
directly enforce compliance by POTW with the wastewater provisions of 
any corresponding industrial NESHAP when off-site wastewater treatment 
is used.
    Currently, many chemical plants are deciding how to comply with the 
wastewater provisions of the Hazardous Organic NESHAP (40 CFR Part 63, 
Subpart G), and some may elect to add air pollution controls to a POTW 
treatment plant providing off-site treatment. As more NESHAP are 
promulgated, more of these industrial POTW treatment plants are likely 
to be identified.
    Therefore, the EPA intends to establish the following two 
subcategories for the POTW source category: (1) The industrial POTW 
treatment plants subcategory, that would include POTW treatment plants 
where treatment of a specific industrial waste stream discharged to the 
facility is expressly required to comply with the requirements of 
another NESHAP, and (2) the non-industrial POTW treatment plants 
subcategory, that would include all remaining POTW treatment plants 
that do not meet the characteristics of an industrial POTW treatment 
plant.
    The industrial POTW treatment plants subcategory would include only 
those POTW treatment plants that are treating a specific regulated 
industrial waste stream to allow an industrial user to comply with 
another NESHAP. Such facilities would be determined on an individual 
basis. The industrial POTW treatment plants subcategory would not 
include POTW treatment plants that accept industrial waste for 
treatment from an industrial user whose waste is not specifically 
regulated under another NESHAP. Examples of POTW that would not be in 
the industrial POTW treatment plants subcategory, as proposed, would 
include POTW treatment plants that accept waste from local 
manufacturing facilities whose waste is typically characterized as a 
permitted industrial discharge by the POTW's source control program.

IV. Determination of MACT

    As prescribed in section 112(d) of the Act, the MACT floor for 
existing sources in each subcategory within the POTW source category is 
determined by the average emissions limitation achieved by the best 
performing five sources, because fewer than 30 major sources have been 
identified within each subcategory. For the non-industrial POTW 
treatment plants subcategory, only six potential major sources have 
been identified. The MACT floor was determined for existing sources 
from the average emission reduction attributed to the controls among 
the five best performing sources of the six potential major sources.
    During the development of this proposed rule, no major source has 
been identified which would be included in the proposed industrial POTW 
treatment plants subcategory. Therefore, in determining MACT for 
existing sources in this subcategory, the EPA has not identified any 
corresponding MACT floor. The MACT standard for existing sources in the 
industrial POTW treatment plants subcategory will be equivalent to the 
control requirements specified by the applicable NESHAP for the 
specific regulated industrial waste streams discharged to the facility.
    As prescribed in section 112(d)(3) of the Act, the maximum degree 
of reduction in emissions that is deemed achievable for new sources in 
a 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. For the non-industrial POTW 
treatment plants subcategory, the best performing source has been 
identified based on a review of emission controls in place at the six 
identified potential major sources. In addition, the EPA may consider 
technology that has been demonstrated at one or more similar facilities 
in identifying the best controls for new sources.
    The EPA has identified one POTW treatment plant that has covered 
all wastewater treatment units up to, but not including, the secondary 
influent pumping station. In addition, the air in the headspace of the 
bar screens, grinders, grit chambers, and aerated distribution channels 
is ducted to control devices which use activated carbon to remove 
hazardous air pollutants. Therefore, the MACT floor for new sources in 
the non-industrial POTW treatment plants subcategory was determined 
based on the controls at the one identified best performing source.

[[Page 66090]]

    For the industrial POTW treatment plants subcategory, the MACT 
floor for new sources was determined based on the emission controls at 
the best performing source in the non-industrial POTW treatment plants 
subcategory. MACT for new sources in this category was determined to be 
the MACT floor as defined for non-industrial POTW treatment plants, or 
the emission controls which would be imposed by the appropriate 
industrial NESHAP, whichever is more stringent.
    The Agency has discretion to use its best engineering judgment in 
collecting and analyzing the data, and in assessing the data's 
comprehensiveness, accuracy, and variability, to determine which 
sources achieve the best average emission reductions. The term 
``average,'' as it pertains to MACT floor determinations, is not 
defined in section 112 of the Act. Therefore, the Agency has discretion 
in determining the appropriate ``average'' (i.e., mean, mode, median, 
or some other measure of central tendency) in each category or 
subcategory of HAP sources (59 FR 29196).
    A description of the MACT floor and MACT determinations for the 
treatment portion of existing and new sources in the POTW subcategories 
is presented in the following subsections. The EPA believes that, in 
addition to the add-on controls considered in determining the MACT 
floor, there are opportunities for controlling HAP emissions from POTW 
through pretreatment. However, as described in section II.E. (Hazardous 
Air Pollutant Control Options) of today's notice, information available 
to the EPA thus far on pretreatment programs at individual POTW is 
insufficient to propose any action regarding the use of pretreatment 
for the purpose of HAP emission reduction from POTW.

A. MACT for Existing Sources in the Non-Industrial POTW Treatment 
Plants Subcategory

    Based on information available to the EPA on HAP emissions from 
wastewater to date, the EPA believes there are fewer than 30 potential 
major sources in the non-industrial POTW treatment plants subcategory. 
Therefore, the MACT floor for this subcategory would be based on the 
average emissions limitation achieved by the best performing five 
sources of the identified potential major sources.
    Six potential major sources have been identified in the non-
industrial POTW treatment plants subcategory (see section III., 
Proposed Approach for this Source Category, of today's proposal). The 
information provided by the AMSA on the six potential major sources was 
reviewed to determine the extent of controls currently in operation for 
each stage of wastewater treatment at the POTW treatment plant (i.e., 
headworks, primary clarification, high purity oxygen activated sludge, 
and conventional activated sludge).
    Of the five potential major sources considered to be the best 
controlled, one POTW treatment plant reduces HAP emissions with covers 
on all treatment units up to and including the aerated distribution 
channels following the primary clarifiers. In addition, all covered 
treatment units, except the primary clarifiers, have headspace ducted 
to a two-stage control device. The control device combines a first-
stage caustic scrubber to remove odors, with second-stage activated 
carbon adsorption which removes hazardous air pollutants. Plant 
operators replace carbon monthly based on routine monitoring for 
benzene breakthrough. Two other POTW treatment plants have various 
configurations including treatment units in highly ventilated 
buildings, treatment units covered with open grates, and open treatment 
units, none of which provide any HAP emission reduction. Neither of 
these two sources have treatment units with air emission controls. 
Finally, the two remaining sources have no covers on their wastewater 
treatment units up to and including the aerated distribution channels 
following the primary clarifiers.
    All of the five best-controlled potential major sources utilize 
conventional activated sludge processes, which are either diffused air 
or mechanically mixed activated sludge. None of these processes are 
controlled for air emissions. Two of the five best-controlled potential 
major sources also utilize high purity oxygen activated sludge. Neither 
of these processes have air pollution control devices.
    Computation of an arithmetic average of the performance among the 
one POTW treatment plant with HAP emission controls and the four POTW 
treatment plants without controls would be meaningless because there is 
no continuum of performance among the sources. The EPA has discretion 
in determining the appropriate ``average'' in each category or 
subcategory. Computation of an arithmetic average, or mean, is not 
appropriate in this case because the average emission reduction 
calculated from one well-controlled facility and four uncontrolled 
facilities does not correspond to any treatment technology. Therefore, 
a measure of central tendency other than the mean must be used to 
determine the MACT floor. On the basis of either the median or the 
mode, the MACT floor would be no control. Therefore, based on this 
rationale, the MACT floor for existing sources in the non-industrial 
POTW treatment plants subcategory is no additional control for HAP 
emissions.
    In addition to the MACT floor analysis, the EPA has evaluated the 
available options for HAP control at existing sources in the non-
industrial POTW treatment plants subcategory. Although pretreatment by 
dischargers may be a viable option for controlling HAP emissions, the 
EPA has not identified any additional emission controls which could be 
installed at the POTW treatment plants themselves which would achieve 
meaningful HAP reductions at a reasonable cost. Therefore, the EPA is 
not proposing any MACT requirements for existing sources in this 
subcategory.

B. MACT for New Sources in the Non-Industrial POTW Treatment Plants 
Subcategory

    Of the five best-controlled potential major sources considered in 
the MACT floor determination for the non-industrial POTW treatment 
plants subcategory, one source clearly has the best controls in place. 
This POTW installed controls to reduce benzene emissions and to lower 
risk as part of a good neighbor policy in response to the California 
Air Toxics Information and Assessment Act of 1987 (AB2588). This source 
has covers on all wastewater treatment units up to, but not including, 
the secondary influent pumping station. In addition, this source uses a 
closed-vent system to duct the headspace of all covered treatment 
units, except primary clarifiers, to granular activated carbon control 
devices which are effective at reducing HAP emissions. This source sets 
the MACT floor and is the basis for the MACT standard for new or 
reconstructed sources in the non-industrial POTW treatment plants 
subcategory.

C. MACT for Existing Sources in the Industrial POTW Treatment Plants 
Subcategory

    Because the EPA has not at this time identified any sources in this 
proposed subcategory, determination of a MACT floor for this 
subcategory is not feasible. Any existing source in this subcategory 
will be a POTW treatment plant which installs and operates specific HAP 
controls because it receives from an industrial user a waste stream 
which requires controls pursuant to another NESHAP. The industrial 
facility discharging the waste stream to the POTW is responsible for 
compliance with the emission control requirements

[[Page 66091]]

of the industrial NESHAP, and the POTW may be considered its agent for 
purposes of such compliance. A POTW receiving regulated waste streams 
from multiple sources would need to install and operate controls which 
meet all requirements of the NESHAP applicable to the sources. In the 
case of conflicting NESHAP requirements, the more stringent of the 
requirements will apply. This proposed standard would establish an 
equivalent MACT control requirement directly applicable to affected 
sources in the industrial POTW treatment plants subcategory.

D. MACT for New Sources in the Industrial POTW Treatment Plants 
Subcategory

    New sources within the industrial POTW treatment plants subcategory 
would be new or reconstructed POTW treatment plants receiving from an 
industrial user a waste stream subject to another NESHAP where the 
discharger has elected to comply with the NESHAP by utilizing off-site 
treatment. As in the case of existing sources in this subcategory, the 
EPA is proposing to establish a parallel control requirement directly 
applicable to new and reconstructed sources in the industrial POTW 
treatment plants subcategory.
    As noted earlier, the control requirements for new and 
reconstructed sources cannot be less stringent than the emission 
control that is achieved in practice by the best controlled similar 
source. There is no logical reason why new or reconstructed sources in 
the industrial subcategory cannot achieve emission reductions at least 
as great as those for other new or reconstructed POTW treatment plants. 
Accordingly, the MACT floor for new or reconstructed industrial POTW 
treatment plants is based on the same source as was utilized for new or 
reconstructed sources in the non-industrial category. In order to 
assure that control requirements are at least equivalent to those 
established by the applicable industrial NESHAP, the MACT standard 
proposed for new or reconstructed sources in the industrial POTW 
treatment plants subcategory is the HAP controls required by the 
specific NESHAP applicable to the industrial user, or the control 
requirement(s) for new sources in the non-industrial POTW treatment 
plants subcategory (see section IV.B., MACT for New Sources in the Non-
Industrial POTW Treatment Plants Subcategory, of today's proposal), 
whichever is more stringent.

V. Solicitation of Comments

    Comments are specifically requested on two aspects of today's 
proposal, pretreatment and wastewater collection systems, as described 
in the following paragraphs. The Agency has determined that it needs 
more information on these two aspects to assist in defining the 
importance of their effect on HAP emissions from POTW. Information 
received as a result of this solicitation will be reviewed, analyzed, 
and summarized by the EPA. If the EPA receives information indicating 
that its original conclusions regarding HAP emissions and controls are 
substantially incorrect, the EPA will review its current proposal in 
light of such information. In addition to information received as a 
result of this solicitation, the EPA intends to provide information 
that has been reviewed and analyzed during the proposal development 
process thus far (e.g., emissions estimation models, emissions control 
techniques) as guidance on the reduction of HAP emissions from POTW.

A. Pretreatment

    The pretreatment program is authorized by the Clean Water Act. 
Regulations at 40 CFR 403.8(a) require all POTW that have a total 
design flow greater than five MGD and that receive pollutants from 
industrial users which pass through or interfere with the operation of 
the POTW or are otherwise subject to pretreatment standards to 
establish pretreatment programs. Industry representatives and State and 
local agency representatives have indicated that pretreatment is the 
preferred means of HAP emissions control for POTW. The use of 
pretreatment processes to control HAP emissions from POTW would control 
HAP emissions from wastewater collection systems, in addition to HAP 
emissions from POTW treatment plants. Further, additional information 
on pretreatment practices by industry may also give some insight 
concerning future HAP emissions from POTW.
    The EPA is soliciting quantitative data on the effectiveness of 
pretreatment program implementation in reducing overall HAP loading to 
POTW (including wastewater collection systems); the effectiveness of 
pretreatment in reducing emissions of HAP from POTW (including 
wastewater collection systems); the cost of implementing and operating 
an effective pretreatment program; observed trends in industrial HAP 
discharges via wastewater; and any other information relevant in the 
assessment of POTW HAP emissions as they are affected by pretreatment 
programs.

B. Wastewater Collection Systems

    Wastewater collection systems have been identified as significant 
sources of HAP emissions from certain POTW. However, little information 
is currently available to the EPA regarding these systems.
    The EPA is soliciting quantitative data on the design and operation 
of wastewater collection systems, and scientifically supported data on 
the measurement or estimation of emissions from wastewater collection 
systems; information on industry trends to reduce or eliminate HAP 
emissions; and any other information relevant to the assessment of POTW 
collection system HAP emissions.

VI. Administrative Requirements

A. Docket

    The docket number for this action is A-96-46. The principal 
purposes of the docket are: (1) To allow interested parties a means to 
identify and locate documents so that they can effectively participate 
in the rulemaking process; and (2) to serve as the record in case of 
judicial review (except for interagency review materials) [section 
307(d)(7)(A) of the Act]. This docket contains copies of the supporting 
information considered by the EPA in the development of this proposal. 
The docket is available for public inspection at the EPA's Air and 
Radiation Docket and Information Center, the location of which is given 
in the ADDRESSES section of this proposal.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1891.01) and a copy may be obtained from Sandy Farmer by mail 
at OPPE Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may 
also be downloaded off the internet at http://www.epa.gov/icr.
    Generally, respondents are required to submit one-time reports of 
(1) start of construction for new facilities and (2) anticipated and 
actual start-up dates for new facilities. For sources constructed or 
reconstructed after the effective date

[[Page 66092]]

of the relevant standard, the regulation requires that the source 
submit an application for approval of construction or reconstruction. 
The application is required to contain information on the air pollution 
control that will be used for each potential HAP emission point.
    For POTW facilities, the public reporting and recordkeeping burden 
is estimated to average 41 hours per respondent per year. This estimate 
includes time for preparing and submitting notices, preparing and 
submitting demonstrations and applications, reporting releases, 
gathering information, and preparing and submitting reports. No capital 
costs are anticipated.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OPPE Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M St., S.W.; Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., N.W., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' Include the ICR number in any 
correspondence. Since OMB is required to make a decision concerning the 
ICR between 30 and 60 days after December 1, 1998, a comment to OMB is 
best assured of having its full effect if OMB receives it by December 
31, 1998. The final rule will respond to any OMB or public comments on 
the information collection requirements contained in this proposal.

C. Executive Order 12866

    Under Executive Order 12866 [58 FR 5173 (October 4, 1993)], the EPA 
must determine whether this regulatory action would be ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The criteria set 
forth in section one of the Executive Order for determining whether a 
regulation is a significant rule are as follows: (1) It is likely to 
have an annual effect on the economy of $100 million or more, or 
adversely and materially affect a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal government communities; (2) it is likely to create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; (3) it is likely to materially alter the 
budgetary impact of entitlements, grants, user fees or loan programs, 
or the rights and obligations of recipients thereof; or (4) it is 
likely to raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The OMB has deemed this regulatory action significant and has 
requested review of this proposed rulemaking package. Therefore, the 
EPA submitted this action to OMB for review. Changes made in response 
to OMB suggestions or recommendations are documented in the public 
record.

D. Regulatory Flexibility Act

    The EPA's findings in this section are the result of the statutory 
requirements of the Regulatory Flexibility Act as amended by the Small 
Business Regulatory Enforcement Fairness Act.
    This proposed rule would impose no new requirements on existing 
industrial or non-industrial POTW treatment plants or new industrial 
POTW treatment plants. The EPA is uncertain whether any new non-
industrial POTW treatment plants would be of sufficient size to be 
subject to this rule, but the number of affected sources would be very 
small in any case. Therefore, the EPA finds that this proposed rule 
would not have a significant impact on a substantial number of small 
entities. As such, neither a formal Initial Regulatory Flexibility 
Analysis nor a detailed small business analysis is necessary. 
Therefore, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

E. Unfunded Mandates

    Pursuant to sections 202, 203, and 205 of the Unfunded Mandates 
Reform Act of 1995 (Unfunded Mandates Act), signed into law on March 
22, 1995, the EPA has determined that the action proposed today would 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. Therefore, the requirements of 
the Unfunded Mandates Act do not apply to this action.

F. Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that the EPA determines: (1) ``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 reasonable feasible alternatives 
considered by the Agency. This proposed rule is not subject to 
Executive Order 13045 because it does not involve decisions on 
environmental health risks or safety risks that may disproportionately 
affect children.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (the NTTAA), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272 
note), directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices, etc.) that are developed or 
adopted by voluntary consensus standard bodies. The NTTAA requires the 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This proposed rulemaking includes technical standards and 
requirements for taking measurements. Consequently, the EPA searched 
for applicable voluntary consensus standards by

[[Page 66093]]

searching the National Standards System Institute (NSSN) database. The 
NSSN is an automated service provided by the American National 
Standards Institute for identifying available national and 
international standards.
    The EPA searched for methods and tests required by this proposed 
rule, all of which are methods or tests previously promulgated. The 
proposed rule includes methods that measure: (1) vapor leak detection 
(EPA Method 21); (2) volatile organic compound concentration in vented 
gas stream (EPA Method 18); (3) volumetric flow rate of the vented gas 
stream (EPA Methods 2, 2A, 2C, or 2D); and (4) sampling site location 
(Method 1 or 1A). These EPA methods are found in Appendix A to parts 
60, 63, and 136.
    Except for EPA Methods 2 and 2C (Appendix A to part 60), no other 
potentially equivalent methods for the methods and tests in the 
proposal were found in the NSSN database search. The EPA identified one 
Chinese (Taiwanese) National Standard (CNS) which may potentially be an 
equivalent method to EPA Methods 2 and 2C. The CNS method is CNS K9019 
for measuring velocity and flow rates in stack gases.
    However, the EPA does not believe that CNS K9019 is a voluntary 
consensus method. It is unlikely that CNS K9019 was considered by 
industry groups or national standards setting organizations because it 
was not developed in the U.S. and there is no available information 
about it in the U.S.
    To confirm EPA's belief, the EPA is asking for comment on whether 
any U.S. industry has adopted CNS K9019 as a voluntary consensus 
method. The EPA is also asking for comment on whether any potential 
voluntary consensus methods exist that could be allowed in addition to 
the methods in the proposal. Methods submitted for evaluation should be 
accompanied with a basis for the recommendation, including method 
validation data and the procedure used to validate the candidate method 
(if a method other than Method 301, 40 CFR part 63, Appendix A was 
used).

H. Executive Order 12875: Enhancing the Intergovernmental Partnership

    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, or EPA consults with those governments. 
If the EPA complies by consulting, Executive Order 12875 requires EPA 
to provide to the Office of Management and Budget a description of the 
extent of the 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.''
    The EPA has concluded that this rule may create a mandate on local 
governments and that the Federal government will not provide the funds 
necessary to pay the direct costs incurred by local governments in 
complying with the mandate. Today's rule does not create a mandate on 
State or tribal governments, or impose any enforceable duties on these 
entities. State, local, and tribal governments will have the 
responsibility to carry out this rule by incorporating it into permits 
and enforcing it, as delegated. They will collect permit fees that pay 
for the costs of applying the rule.
    In developing this rule, the EPA consulted with these governments 
to enable them to provide meaningful and timely input in the 
development of this rule. As discussed in section I.D., consultation 
opportunities included presumptive MACT partnerships, stakeholder 
meetings, and participation on the internal working group that prepared 
the proposed standards. State and local regulatory agencies are 
expected to be in favor of this proposal. Some representatives of local 
governments have expressed concerns about the emission models and 
testing used to determine area source status. The EPA will continue to 
work with them to resolve their concerns.
    Under this proposed rule, new air pollution control requirements 
are imposed only on new non-industrial POTW treatment plants. 
Representatives of local governments have told the EPA that a new non-
industrial major POTW treatment plant is not likely to be built within 
the next five years. Should such a facility be built, it would likely 
recover any costs of air pollution controls through increased user fees 
applied to the industries responsible for the discharge of hazardous 
air pollutants to the sewer system. Under any scenario, the EPA 
believes that the health and environmental benefits of this proposed 
rule outweigh any potential costs to local government entities.

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, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to 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 the 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 officials 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 does not significantly or uniquely affect the 
communities of Indian tribal governments. Today's rule would impose no 
new requirements on existing industrial or non-industrial POTW 
treatment plants or new industrial POTW treatment plants. The EPA is 
uncertain whether any new non-industrial POTW treatment plants would be 
of sufficient size to be subject to this rule, but the number of 
affected sources would be very small in any case and would not be 
located in the communities of Indian tribal governments. Accordingly, 
the requirements of section 3(b) of Executive Order 13084 do not apply.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Pretreatment, Publicly owned treatment works, Reporting and 
recordkeeping requirements.

    Dated: November 12, 1998.
Carol M. Browner,
Administrator.

    Chapter I, part 63 of the Code of Federal Regulations is proposed 
to be amended as follows:

[[Page 66094]]

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

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

    Authority: Secs. 101, 112, 114, 116, and 301 of the Clean Air 
Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104 
Stat. 2399).

    2. Part 63 is amended by adding subpart VVV to read as follows:

Subpart VVV--National Emission Standards for Hazardous Air Pollutants 
From Publicly Owned Treatment Works

Applicability

Sec.
63.1580  Am I subject to this subpart?
63.1581  How will the EPA determine if I am in compliance with this 
subpart?
63.1582  Does the regulation distinguish between different types of 
POTW treatment plants?

Industrial POTW Treatment Plant Description and Requirements

63.1583  What are the characteristics of an industrial POTW 
treatment plant?
63.1584  What are the emission points and control requirements for 
an industrial POTW treatment plant?
63.1585  When do I have to comply?
63.1586  How does an industrial POTW treatment plant demonstrate 
compliance?

Non-industrial POTW Treatment Plants Requirements

63.1587  What are the emission points and control requirements for a 
non-industrial POTW treatment plant?
63.1588  When do I have to comply?
63.1589  What inspections must I conduct?
63.1590  What records must I keep?
63.1591  What reports must I submit?

General Requirements

63.1592  What are my notification requirements?
63.1593  Which General Provisions apply to my POTW treatment plant?
63.1594  Who enforces this subpart?

Additional Information

63.1595  How do I determine if my POTW treatment plant is a major 
source of HAP emissions?
63.1596  Are there any other ways for me to control HAP emissions 
from my POTW treatment plant?
63.1597  List of definitions.
Table 1 to subpart VVV--List of Hazardous Air Pollutants of Concern 
for Subpart VVV
Table 2 to subpart VVV--Applicability of 40 CFR part 63 General 
Provisions to Subpart VVV

Subpart VVV--National Emission Standards for Hazardous Air 
Pollutants From Publicly Owned Treatment Works

Applicability


Sec. 63.1580  Am I subject to this subpart?

    (a) You are subject to this subpart if:
    (1) You own or operate a new or existing publicly owned treatment 
works (POTW); and
    (2) Your POTW treatment plant is a major source of HAP emissions. 
Major source means that stationary sources at your POTW treatment plant 
emit or have the potential to emit a single hazardous air pollutant 
(HAP) of concern (see Table 1. List of Hazardous Air Pollutants of 
Concern for Subpart VVV, of this subpart) at a rate of 10 tons or more 
per year or any combination of HAP of concern at a rate of 25 or more 
tons per year; or
    (3) Your POTW treatment plant is an area source that increases its 
emissions of (or its potential to emit) HAP such that it is a major 
source of HAP emissions.

    Note 1 to paragraph (a) of this section: Section 63.1595 
presents the procedures for determining if a POTW treatment plant is 
a major source of HAP emissions. Though this subpart addresses only 
wastewater emissions, the determination should consider emissions 
from all stationary sources at the facility, including sewage sludge 
incinerators, stationary internal combustion engines, boilers, and 
turbines.

    Note 2 to paragraph (a) of this section: To determine if your 
POTW treatment plant is a major source due solely to wastewater 
emissions, you need to understand industrial loadings of HAP into 
your sewer system. Publicly owned treatment works treatment plants 
which treat mostly high-strength industrial wastewater can be major 
sources with a daily flow rate as low a 4 million gallons per day 
(MGD). Publicly owned treatment works treatment plants with low 
concentrations of HAP in their influent may not be major sources 
(due to wastewater emissions) even with a flow rate of 300 MGD.

    (b) If your POTW treatment plant is not a major source then you are 
not subject to this subpart, and as such:
    (1) You do not have to notify the Administrator that you are an 
area source.
    (2) You do not have to apply for a title V permit under 40 CFR Part 
70. However, your State has the option to require you to apply for such 
a permit.

    Note to paragraph (b) of this section: Although you are not 
required to maintain any records of your determination that you are 
not a major source, if your POTW treatment plant is unique (e.g., 
you are very close to the 25/10 tpy criteria defining a major 
source, your influent waste stream contains a high percentage of 
industrial waste, you have a fairly high average annual flow rate) 
it may be to your advantage to maintain such a record in case the 
EPA or your State authority requests proof of your major source 
determination.


Sec. 63.1581  How will the EPA determine if I am in compliance with 
this subpart?

    (a) If you fail to comply with any or all of the provisions of this 
subpart, you will be considered in violation of this regulation. For 
example, failure to perform any or all of the following, specified in 
Sec. 63.1589 of this subpart, would be a violation: failure to visually 
inspect the cover on your treatment unit; failure to repair a defect on 
a treatment unit in use within the specified time period; or failure to 
report a delay in repair.
    (b) The Administrator will determine compliance with this subpart 
by reviewing your records or inspecting your POTW treatment plant.
    (c) Your POTW treatment plant may be exempted from compliance with 
this regulation if the President determines that it is in the national 
security interests of the United States to do so. This exemption may 
last for up to two years at a time, and may be extended for additional 
periods of up to two years each.


Sec. 63.1582  Does the subpart distinguish between different types of 
POTW treatment plants?

    Yes, the subpart divides all POTW treatment plants into two 
subcategories. A POTW treatment plant which does not meet the 
characteristics of an industrial POTW treatment plant belongs in the 
non-industrial POTW treatment plant subcategory. These terms are 
defined in Sec. 63.1597 List of Definitions, of this subpart.

Industrial POTW Treatment Plant Description and Requirements


Sec. 63.1583  What are the characteristics of an industrial POTW 
treatment plant?

    (a) Your POTW treatment plant is an industrial POTW treatment plant 
if wastewater treatment at your POTW treatment plant enables an 
industrial user to comply with the treatment requirements of its own 
national emission standards for hazardous air pollutants (NESHAP). 
Industrial POTW treatment plant is defined in Sec. 63.1597 of this 
subpart.
    (b) If, in the future, you begin accepting a specific industrial 
waste stream for treatment at your POTW treatment plant to enable an 
industrial user to comply with the treatment requirements of another 
NESHAP(s), then your POTW treatment plant will be considered an 
industrial POTW treatment plant.

[[Page 66095]]

    (c) If your POTW treatment plant accepts one or more specific 
regulated industrial waste streams as part of compliance with one or 
more other NESHAPs then you are subject to all the requirements of each 
appropriate NESHAP for each waste stream, as described in the following 
section. In the case of conflicting NESHAP requirements, the more 
stringent of the requirements will apply.


Sec. 63.1584  What are the emission points and control requirements for 
an industrial POTW treatment plant?

    (a) The emission points and control requirements for an existing 
industrial POTW treatment plant are specified in the appropriate 
NESHAP(s) for the industrial user(s) (see above). For example, an 
existing industrial POTW treatment plant which provides treatment for a 
facility subject to subpart FF of this part, the National Emission 
Standard for Benzene Waste Operations, must meet the treatment and 
control requirements specified in Sec. 61.348(d)(4).
    (b) The emission points and control requirements for a new or 
reconstructed industrial POTW treatment plant that is a major source of 
HAP emissions are also specified in the appropriate NESHAP(s) for the 
industrial user(s), or in Sec. 63.1587, whichever is more stringent. 
Reconstruction is defined in Sec. 63.1597 of this subpart.


Sec. 63.1585  When do I have to comply?

    (a) Existing industrial POTW treatment plant. If you have an 
existing industrial POTW treatment plant, the appropriate NESHAP(s) for 
the industrial user(s) will set your compliance date(s). For example, 
an industrial POTW treatment plant providing treatment for chemical 
plants regulated by the Hazardous Organic NESHAP will have to comply by 
April 22, 1999.
    (b) New industrial POTW treatment plant. If you have a new 
industrial POTW treatment plant, you must be in compliance as soon as 
you begin accepting the waste stream(s) for treatment. If, in the 
future, you begin accepting a specific regulated industrial waste 
stream(s) for treatment, you must be in compliance by the time 
specified in the appropriate NESHAP(s) for the industrial user(s).


Sec. 63.1586  How does an industrial POTW treatment plant demonstrate 
compliance?

    (a) An existing industrial POTW treatment plant demonstrates 
compliance by operating treatment and control devices which meet all 
requirements specified in the appropriate industrial NESHAP(s). 
Requirements may include performance tests, routine monitoring, 
recordkeeping, and reporting.
    (b) A new or reconstructed industrial POTW treatment plant that 
installs controls required by the appropriate industrial NESHAP(s), 
demonstrates compliance by operating treatment and control devices 
which meet all requirements specified in the appropriate industrial 
NESHAP(s). A new or reconstructed industrial POTW treatment plant that 
installs controls specified by Sec. 63.1587, demonstrates compliance by 
meeting all requirements in Secs. 63.1588 through 63.1592.

Non-industrial POTW Treatment Plant Requirements


Sec. 63.1587  What are the emission points and control requirements for 
a non-industrial POTW treatment plant?

    There are no control requirements for an existing non-industrial 
POTW treatment plant. The control requirements for a new or 
reconstructed non-industrial POTW treatment plant that is a major 
source of HAP emissions are covers on the emission points up to, but 
not including the secondary influent pumping station. These emission 
points are treatment units that include, but are not limited to, 
influent waste stream conveyance channels, bar screens, grit chambers, 
grinders, pump stations, aerated feeder channels, primary clarifiers, 
primary effluent channels, and primary screening stations. In addition, 
all covered units, except primary clarifiers, must have the air in the 
headspace ducted to a control device in accordance with Sec. 63.693, 
the standards for closed-vent systems and control devices in subpart 
DD. Reconstructed is defined in Sec. 63.1597 of this subpart.
    (a) Covers must be tightly fitted and designed and operated to 
minimize exposure of the waste to the atmosphere. This includes, but is 
not limited to, the absence of visible cracks, holes, or gaps in the 
roof sections or between the roof and the separator wall; broken, 
cracked, or otherwise damaged seals or gaskets on closure devices; and 
broken or missing hatches, access covers, caps, or other closure 
devices.
    (b) If waste is in a treatment unit, each opening must be 
maintained in a closed, sealed position, unless plant personnel are 
present and conducting waste sampling or removal, or equipment 
inspection, maintenance, or repair.
    (c) If a treatment unit is not equipped with a closed-vent system 
and control device, it must be designed to operate with minimal 
ventilation (e.g., at or near zero) of the airspace under the cover to 
reduce both air emissions and energy consumption.
    (d) You must operate and maintain your POTW treatment plant at all 
times to minimize HAP emissions.


Sec. 63.1588  When do I have to comply?

    If your POTW treatment plant began construction on or after 
December 1, 1998, and your POTW treatment plant is a major source of 
HAP emissions, you must comply with all provisions of this subpart 
either immediately upon startup, or by the date of promulgation of this 
subpart, whichever date is later.


Sec. 63.1589  What inspections must I conduct?

    If your treatment units are required to have covers, you must 
conduct the following inspections:
    (a) You must visually check the cover and its closure devices for 
defects that could result in air emissions. Defects include, but are 
not limited to, visible cracks, holes, or gaps in the roof sections or 
between the roof and the separator wall; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (b) You must perform an initial inspection at start-up with follow-
up inspections at least once per year.
    (c) In the event that you find a defect on a treatment unit in use, 
you must repair the defect within 45 days. If you cannot repair within 
45 days, you must notify the EPA or the designated State authority and 
report the reason for the delay and the date you expect to complete the 
repair. If you find a defect on a treatment unit not being used, you 
must repair the defect before using the treatment unit.
    (d) If you own or operate a control device used to meet the 
requirements for Sec. 63.1587, you must comply with the inspection and 
monitoring requirements of Sec. 63.695(c).


Sec. 63.1590  What records must I keep?

    (a) You must prepare and maintain the following records:
    (1) A record for each treatment unit inspection required by 
Sec. 63.1589(b) of this subpart. You must include the following 
information: a treatment unit identification number (or other unique 
identification description as selected by you) and the date of 
inspection.
    (2) For each defect detected during inspections required by 
Sec. 63.1589(b) of this subpart, you must record the following 
information: the location of the defect, a description of the defect, 
the date of detection, the corrective action taken to repair the 
defect, and the date the repair to correct the defect is completed.

[[Page 66096]]

    (3) In the event that repair of the defect is delayed, in 
accordance with the provisions of Sec. 63.1589(c) of this subpart, you 
must also record the reason for the delay and the date you expect to 
complete the repair.
    (4) If you own or operate a control device used to meet the 
requirements for Sec. 63.1587, you must comply with the recordkeeping 
requirements of Sec. 63.696 (a), (b), (g), and (h).
    (b) [Reserved]


Sec. 63.1591  What reports must I submit?

    (a)(1) You must submit to the Administrator a notification of 
compliance status, signed by the responsible official who must certify 
its accuracy, attesting to whether your POTW treatment plant has 
complied with this regulation. This notification must be submitted 
before a title V permit is issued to you, and each time a notification 
of compliance status is required under this subpart. The notification 
must list--
    (i) The methods that were used to determine compliance;
    (ii) The results of any monitoring procedures or methods that were 
conducted;
    (iii) The methods that will be used for determining continuing 
compliance;
    (iv) The type and quantity of HAP emitted by your POTW treatment 
plant;
    (v) A description of the air pollution control equipment (or 
method) for each emission point; and
    (vi) Your statement that your POTW treatment plant has complied 
with this regulation.
    (2) You must send this notification before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in this regulation.
    (b) After you have been issued a title V permit, you must comply 
with all requirements for compliance status reports contained in your 
title V permit, including reports required under this subpart. After 
you have been issued a title V permit, and each time a notification of 
compliance status is required under this subpart, you must submit the 
notification of compliance status to the appropriate permitting 
authority, as described in Sec. 63.1591(d) of this subpart, following 
completion of the relevant compliance demonstration activity specified 
in this regulation.
    (c) You must comply with the delay of repair reporting required in 
Sec. 63.1589(c).
    (d) If your State has not been delegated authority you must submit 
reports to your Regional Office of the EPA. If your State has been 
delegated authority you must submit reports to your delegated State 
authority and you must send a copy of each report submitted to the 
State to your Regional Office of the EPA. Your Regional Office may 
waive this requirement for any reports at its discretion.
    (e) You may apply to the Administrator for a waiver of 
recordkeeping and reporting requirements if you believe your source is 
already in compliance with this standard. This application must 
accompany the compliance status report required under Sec. 63.1592 of 
this subpart, or your title V permit. The application must include 
whatever information you consider useful to convince the Administrator 
that a waiver of recordkeeping and reporting is warranted.
    (f) If you own or operate a control device used to meet the 
requirements for Sec. 63.1587, you must submit the reports required by 
Sec. 63.697(b), including a notification of performance tests, a 
performance test report, a startup, shutdown, and malfunction report, 
and a summary report.

General Requirements


Sec. 63.1592  What are my notification requirements?

    (a) If your State has not been delegated authority you must submit 
notifications to the appropriate Regional Office of the EPA. If your 
State has been delegated authority you must submit notifications to 
your State and a copy of each notification to the appropriate Regional 
Office of the EPA. The Regional Office may waive this requirement for 
any notifications at its discretion.
    (b) You must notify the Administrator in writing when your POTW 
treatment plant becomes subject to this standard. The notification, 
which must be submitted not later than 120 calendar days after the 
effective date of this standard (or within 120 calendar days after your 
POTW treatment plant becomes subject to the relevant standard), must 
provide the following information:
    (1) Your name and address;
    (2) The address (i.e., physical location) of your POTW treatment 
plant;
    (3) An identification of this standard as the basis of the 
notification and your POTW treatment plant's compliance date; and
    (4) A brief description of the nature, size, design, and method of 
operation of your POTW treatment plant, including its operating design 
capacity and an identification of each point of emission for each HAP, 
or if a definitive identification is not yet possible, a preliminary 
identification of each point of emission for each HAP.


Sec. 63.1593  Which General Provisions apply to my POTW treatment 
plant?

    The General Provisions (40 CFR Part 63, subpart A) are NESHAP that 
apply to owners and operators of major sources of HAP emissions in all 
the source categories, including the POTW source category. Table 2 of 
this subpart lists the General Provisions which apply to POTW treatment 
plants.


Sec. 63.1594  Who enforces this subpart?

    If the Administrator has delegated authority to your State, then 
the State enforces this subpart. If the Administrator has not delegated 
authority to your State, then the EPA Regional Office enforces this 
subpart.


Sec. 63.1595  How do I determine if my POTW treatment plant is a major 
source of HAP emissions?

    (a)(1) If your POTW treatment plant is co-located with another 
major source of HAP emissions (e.g., a sewage sludge incinerator) then 
your POTW treatment plant is subject to this subpart.
    (2) If your POTW treatment plant has total emissions (or potential 
emissions) of less than 10 tpy of any single HAP compound, or less than 
25 tpy of any combination of HAP compounds, and it is co-located with 
one or more additional sources that also have total emissions (or 
potential emissions) of less than 10 tpy of any single HAP compound, or 
less than 25 tpy of any combination of HAP compounds, but together all 
sources have total emissions (or potential emissions) of 10 tpy or 
greater of any single HAP compound, or 25 tpy or greater of any 
combination of HAP compounds, then your POTW treatment plant and the 
other source are subject to this subpart.
    (b) If your POTW treatment plant has total emissions (or potential 
emissions) of 10 tpy or greater of any single HAP compound, or 25 tpy 
or greater of any combination of HAP compounds, then your POTW 
treatment plant is a major source of HAP emissions. You may use the 
following methods, as a tiered approach, to determine if your POTW 
treatment plant meets or exceeds these emission limitations.
    (1) If your POTW treatment plant's annual average wastewater 
throughput multiplied by the annual average HAP concentration of all 
HAP compounds present in the influent is 25 tpy or greater, or the 
annual average wastewater throughput multiplied by the annual average 
influent concentration of any single HAP compound in the influent is 10 
tpy or

[[Page 66097]]

greater, then you are a major source of HAP emissions.
    (2) You may use the emission factors provided in Table 1 of this 
subpart, to conservatively estimate emissions from your POTW treatment 
plant. Multiply your POTW treatment plant's annual average wastewater 
throughput by the annual average HAP concentration of each HAP compound 
in the influent by the compound-specific fraction emitted 
(fe) value to calculate estimated emissions of each HAP 
compound from your POTW treatment plant. If the estimated emissions are 
10 tpy or greater of any single HAP compound, or 25 tpy or greater of 
any combination of HAP compounds, then your POTW treatment plant is a 
major source of HAP emissions.
    (3) You may utilize an approved fate model to determine emissions 
from your POTW treatment plant. The EPA has approved the fate model 
entitled Wastewater Treatment Compound Property Processor and Air 
Emissions Estimator, commonly known as WATER8, for determination of 
emissions from wastewater treatment processes. If the results of 
applying WATER8 to your POTW treatment plant indicate that your 
emissions are 10 tpy or greater of any single HAP as compound, or 25 
tpy or greater of any combination of HAP compounds, then your POTW 
treatment plant is a major source of HAP emissions. In the event that 
your POTW treatment plant's emissions have already been determined 
using another fate model, you may be able to use the results from that 
modeling effort as an initial screening tool to determine if your POTW 
treatment plant is a major source of HAP emissions. However, if there 
is any ambiguity concerning your POTW treatment plant's status as a 
major source of HAP emissions, the EPA will rely exclusively on the use 
of emissions estimates generated using WATER8.
    (c) If you use your average influent wastewater HAP concentration 
and flow to determine if you are a major source, you may determine the 
HAP concentration of your influent waste stream using either direct 
measurement or knowledge of your waste stream. Your average annual 
wastewater flow must be determined as specified in your NPDES permit.
    (1) To use direct measurement to determine your influent HAP 
concentration, you must collect samples of your influent waste stream 
that represent the complete range of HAP compositions and quantities 
that occur in your waste stream during the entire averaging period. You 
must collect each sample in accordance with the requirements specified 
in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846, and insure that minimum loss of 
organics throughout the sample collection and handling process occurs 
and that sample integrity is maintained. You must prepare and analyze 
each collected sample in accordance with the requirements of Method 305 
in 40 CFR part 63, appendix A or Method 25D in 40 CFR part 60, appendix 
A.
    (2) To use your knowledge of the waste stream to determine the 
average HAP concentration you must prepare and record sufficient 
information that documents the basis for that knowledge. Examples of 
information that may be used as the basis for knowledge of the waste 
stream include: samples analyzed using test methods other than Method 
305 or Method 25, such as EPA Methods 600 and 8000; industrial 
pretreatment/source control permit information, including compliance 
sampling and analysis; species-specific HAP chemical test data for the 
waste stream from previous testing still applicable to the current 
operations; or other previous test data.
    (i) If you use test data as the basis for knowledge of the waste 
stream, then you must document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the HAP concentration. For 
example, you may use HAP concentration test data that are validated in 
accordance with Method 301 in appendix A of 40 CFR part 63 as the basis 
for knowledge of the waste stream.
    (ii) If you use species-specific HAP chemical concentration test 
data as the basis for knowledge of the waste stream you must adjust the 
test data results to the corresponding total HAP concentration value 
that would be reported had the samples been analyzed using Method 305 
in the appendix to 40 CFR part 63, subpart G.
    (d) If you make any changes or modifications to your POTW treatment 
plant that could cause your HAP emissions (or potential HAP emissions) 
to increase you must consider those changes or modifications when 
determining if your POTW treatment plant is a major source. Such 
changes may include, but are not limited to:
    (1) If at any time you add new equipment to your POTW treatment 
plant or implement a process change, the added equipment or process 
change is considered an integral part of your POTW treatment plant and 
must be considered when determining if your POTW treatment plant is a 
major source;
    (2) If you expand your existing POTW treatment plant by adding a 
new treatment line within a contiguous area and under common control, 
the new treatment line is considered an integral part of your existing 
POTW treatment plant and must be considered when determining if your 
POTW treatment plant is a major source; or
    (3) If you reconstruct your POTW treatment plant (as defined in 
Sec. 63.1597 List of Definitions, of this regulation) then you must 
comply with the requirements for a new or reconstructed POTW treatment 
plant in this subpart.


Sec. 63.1596  Are there any other ways for me to control HAP emissions 
from my POTW treatment plant?

    (a) You may request permission to use an alternative means of 
emission limitation to control HAP emissions from your plant. You must 
collect, verify, and submit to the Administrator information 
demonstrating that the alternative achieves emission reductions which 
are at least equivalent to the reductions which would be achieved under 
this subpart.
    (b) If it appears that the alternative means of HAP emission 
limitation will achieve a reduction in HAP emissions at least 
equivalent to the reduction in HAP emissions from your source achieved 
under this regulation, the Administrator will propose to amend this 
subpart to permit you to use the alternative means for purposes of 
compliance with this subpart. Such an amendment may include specific 
requirements for operation and maintenance as a condition of the 
permission. Any amendment to permit you to use an alternative means of 
emission limitation will be adopted only after notice and an 
opportunity for comment.


Sec. 63.1597  List of definitions.

    Affected Source means a stationary POTW treatment plant that is 
regulated by this standard.
    Area Source means any stationary source of HAP that is not a major 
source.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
waste material managed in a treatment unit. A cover may have openings 
(such as access hatches, sampling ports, gauge wells) that are 
necessary for operation, inspection, maintenance, and repair of the 
treatment unit on which the cover is used. A cover may be a separate 
piece of equipment which can be detached and removed from the treatment 
unit or

[[Page 66098]]

a cover may be formed by structural features permanently integrated 
into the design of the treatment unit. The cover and its closure 
devices must be made of suitable materials that will minimize exposure 
of the waste material to the atmosphere, to the extent practical, and 
will maintain the integrity of the equipment throughout its intended 
service life.
    HAP means hazardous air pollutant.
    Industrial User means a non-domestic source introducing any 
pollutant or combination of pollutants into a POTW. Industrial users 
can be commercial or industrial facilities whose wastes enter local 
sewers.
    Industrial POTW Treatment Plant means a POTW treatment plant that 
accepts one or more specific regulated industrial waste streams for 
treatment that enables an industrial user to comply with the treatment 
requirements of its own NESHAP. For example, an industry discharges its 
benzene-containing waste to the POTW treatment plant for treatment to 
comply with 40 CFR part 61, subpart FF, the National Emission Standard 
for Benzene Waste Operations. This definition does not include POTW 
treatment plants that accept industrial waste for treatment from an 
industrial user whose waste is not specifically regulated under another 
NESHAP. Examples include POTW treatment plants that accept waste from 
industries, such as local manufacturing facilities, typically 
characterized as a significant industrial user by the POTW treatment 
plant in the POTW's approved pretreatment program.
    Non-industrial POTW Treatment Plant means a POTW treatment plant as 
defined by this Sec. 63.1597 of this subpart that does not meet the 
definition of an industrial POTW treatment plant as defined by this 
Sec. 63.1597 of this subpart.
    Publicly Owned Treatment Works (POTW) means a treatment works as 
defined by section 112(e)(5) of the Clean Air Act, which is owned by a 
State or municipality (as defined by section 502(4) of the Clean Water 
Act). This definition includes any intercepting sewers, outfall sewers, 
sewage collection systems, pumping, power, and other equipment. The 
wastewater treated by these facilities are generated by industrial, 
commercial, and domestic sources.
    POTW Treatment Plant means a treatment works as defined by section 
112(e)(5) of the Clean Air Act, which is owned by a State or 
municipality (as defined by section 502(4) of the Clean Water Act), 
with the exception that this definition includes ONLY the facilities, 
units, and processes used to treat municipal wastewater from the time 
it is discharged from the collection system to begin treatment until 
treatment is completed. This definition DOES NOT include any sewage 
collection and conveyance systems, intercepting sewers, or outfall 
sewers.
    Reconstruction means the replacement of components of an affected 
or a previously unaffected stationary source such that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by 
the Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
HAP from that source.
    Treatment Works or Treatment Unit(s) means any devices and systems 
located at a POTW treatment plant that is used in the storage, 
treatment, recycling, and reclamation of municipal sewage or industrial 
wastes of a liquid nature, or necessary to recycle or reuse water at 
the most economical cost over the estimated life of the works; 
extensions, improvements, remodeling, additions, and alterations 
thereof; elements essential to provide a reliable recycled supply such 
as standby treatment units and clear well facilities; and any works, 
including site acquisition of the land that will be an integral part of 
the treatment process (including land used for storage of treated 
wastewater in land treatment systems prior to land application) or is 
used for ultimate disposal of residues resulting from such treatment. 
In addition, ``treatment works'' means any other method or system for 
preventing, abating, reducing, storing, treating, separating, or 
disposing of municipal waste, including storm water runoff, or 
industrial waste.
    Waste and Wastewater means a material, or spent or used water or 
waste, generated from residential, industrial, commercial, mining, or 
agricultural operations or from community activities that contains 
dissolved or suspended matter, and that is discarded, discharged, or is 
being accumulated, stored, or physically, chemically, thermally, or 
biologically treated in a publicly owned treatment works.
    You (including other possessive pronouns such as I, my, our, your) 
means an owner or operator of a POTW treatment plant.

               Table 1 to Subpart VVV.--List of Hazardous Air Pollutants of Concern for Supart VVV
----------------------------------------------------------------------------------------------------------------
                                                                                                     Fraction
               CAS No.                                       Chemical name                          emitted(fe)
----------------------------------------------------------------------------------------------------------------
75070...............................  Acetaldehyde..............................................          0.2099
75058...............................  Acetonitrile..............................................          0.0878
107028..............................  Acrolein..................................................          0.1328
107131..............................  Acrylonitrile.............................................          0.1130
107051..............................  Allyl chloride............................................          0.9552
71432...............................  Benzene (including benzene from gasoline).................          0.7729
100447..............................  Benzyl chloride...........................................          0.1873
92524...............................  Biphenyl..................................................          0.0999
75252...............................  Bromoform.................................................          0.2300
106990..............................  1,3-Butadiene.............................................          0.9924
75150...............................  Carbon disulfide..........................................          0.9643
56235...............................  Carbon tetrachloride......................................          0.9628
43581...............................  Carbonyl sulfide..........................................          0.3401
108907..............................  Chlorobenzene.............................................          0.3386
67663...............................  Chloroform................................................          0.7485
126998..............................  Chloroprene...............................................          0.6644
98828...............................  Cumene....................................................          0.8481
3547044.............................  DDE.......................................................          0.1128

[[Page 66099]]

 
334883..............................  Diazomethane..............................................          0.0739
132649..............................  Dibenzofurans.............................................          0.2125
106467..............................  1,4-Dichlorobenzene(p)....................................          0.5492
542756..............................  1,3-Dichloropropene.......................................          0.7174
119904..............................  3,3'-Dimethoxybenzidine...................................          0.4736
121697..............................  N,N-Dimethylaniline.......................................          0.0885
106898..............................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)...............          0.0966
106887..............................  1,2-Epoxybutane...........................................          0.4049
140885..............................  Ethyl acrylate............................................          0.2299
100414..............................  Ethyl benzene.............................................          0.7986
75003...............................  Ethyl chloride (Chloroethane).............................          0.9633
106934..............................  Ethylene dibromide (Dibromoethane)........................          0.3134
107062..............................  Ethylene dichloride (1,2-Dichloroethane)..................          0.4363
151564..............................  Ethylene imine (Aziridine)................................          0.6887
75218...............................  Ethylene oxide............................................          0.1944
75343...............................  Ethylidene dichloride (1,1-Dichloroethane)................          0.7142
    0...............................  Glycol ethersa............................................          0.0591
76448...............................  Heptachlor................................................          0.2064
118741..............................  Hexachlorobenzene.........................................          0.1340
87683...............................  Hexachlorobutadiene.......................................          0.7761
77474...............................  Hexachlorocyclopentadiene.................................          0.6313
67721...............................  Hexachloroethane..........................................          0.7643
110543..............................  Hexane....................................................          0.9998
74839...............................  Methyl bromide (Bromomethane).............................          0.9165
74873...............................  Methyl chloride (Choromethane)............................          0.9125
71556...............................  Methyl chloroform (1,1,1-Trichloroethane).................          0.3848
78933...............................  Methyl ethyl ketone (2-Butanone)..........................          0.2357
74884...............................  Methyl iodide (Iodomethane)...............................          0.6365
108101..............................  Methyl isobutyl ketone (Hexone)...........................          0.3142
80626...............................  Methyl methacrylate.......................................          0.0679
1634044.............................  Methyl tert butyl ether...................................          0.3498
75092...............................  Methylene chloride (Dichloromethane)......................          0.7593
91203...............................  Naphthalene...............................................          0.2248
79469...............................  2-Nitropropane............................................          0.1561
75445...............................  Phosgene..................................................          0.9739
1336363.............................  Polychlorinated biphenylsb (Aroclors).....................          0.0241
123386..............................  Propionaldehyde...........................................          0.1235
78875...............................  Propylene dichloride (1,2-Dichloropropane)................          0.5914
75569...............................  Propylene oxide...........................................          0.5101
100425..............................  Styrene...................................................          0.8462
96093...............................  Styrene oxide.............................................          0.0718
79345...............................  1,1,2,2-Tetrachloroethane.................................          0.1870
127184..............................  Tetrachloroethylene (Perchloroethylene)...................          0.9693
108883..............................  Toluene...................................................          0.7382
8001352.............................  Toxaphene (chlorinated camphene)..........................          0.6473
120821..............................  1,2,4-Trichlorobenzene....................................          0.3248
79005...............................  1,1,2-Trichloroethane.....................................          0.3848
79016...............................  Trichloroethylene.........................................          0.9197
121448..............................  Triethylamine.............................................          0.1025
540841..............................  2,2,4-Trimethylpentane....................................          0.9999
108054..............................  Vinyl acetate.............................................          0.4541
593602..............................  Vinyl Bromide.............................................          0.9149
75014...............................  Vinyl chloride............................................          0.9958
75354...............................  Vinylidene chloride (1,1-Dichloroethylene)................          0.9737
1330207.............................  Xylenes (isomers and mixture).............................          0.7241
95476...............................  o-Xylenes.................................................          0.7085
108383..............................  m-Xylenes.................................................          0.7787
106423..............................  p-Xylenes.................................................          0.7856
----------------------------------------------------------------------------------------------------------------
Key:
a Ethylene glycol dimethyl ether is the glycol ether of concern.
b The following PCB's are of concern: PCB 1221, PCB 1232, PCB 1242, PCB 1248, and PCB 1254.


           Table 2 to Subpart VVV.--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
                                   Applicable to subpart
   General provisions reference             VVV                                   Comment
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.......................  .....................  APPLICABILITY.
Sec.  63.1(a)(1).................  Yes                    Terms defined in CAAA.
Sec.  63.1(a)(2).................  Yes                    General applicability explanation.

[[Page 66100]]

 
Sec.  63.1(a)(3).................  Yes                    Cannot diminish a stricter NESHAP.
Sec.  63.1(a)(4).................  Yes                    Not repetitive. Doesn't apply to 112(r).
Sec.  63.1(a)(5).................  No                     Section reserved.
Sec.  63.1(a)(6)-(8).............  Yes                    Contacts and authorities.
Sec.  63.1(a)(9).................  No                     Section reserved.
Sec.  63.1(a)(10)................  Yes                    Time period definition.
Sec.  63.1(a)(11)................  Yes                    Postmark explanation
Sec.  63.1(a)(12)-(14)...........  Yes                    Time period changes. Regulation conflict. Force and
                                                           effect of subpart A.
Sec.  63.1(b)(1).................  Yes                    Initial applicability determination of subpart A.
Sec.  63.1(b)(2).................  Yes                    Operating permits by States.
Sec.  63.1(b)(3).................  No                     Subpart VVV specifies recordkeeping of records of
                                                           applicability determination.
Sec.  63.1(c)(1).................  Yes                    Requires compliance with both subpart A and subpart
                                                           VVV.
Sec.  63.1(c)(2)(I)..............  Yes                    State options regarding Title V permit.
Sec.  63.1(c)(2) (ii)-(iii)......  No                     State options regarding Title V permit.
Sec.  63.1(c)(3).................  No                     Section reserved.
Sec.  63.1(c)(4).................  Yes                    Extension of compliance.
Sec.  63.1(c)(5).................  No                     Subpart VVV addresses area sources becoming major due
                                                           to increase in emissions.
Sec.  63.1(d)....................  No                     Section reserved.
Sec.  63.1(e)....................  Yes                    Title V permit before a relevant standard is
                                                           established.
Sec.  63.2.......................  Yes                    DEFINITIONS.
Sec.  63.3.......................  Yes                    UNITS AND ABBREVIATIONS.
Sec.  63.4.......................                         PROHIBITED ACTIVITIES AND CIRCUMVENTION.
Sec.  63.4(a)(1)-(3).............  Yes                    Prohibits operation in violation of subpart A.
Sec.  63.4(a)(4).................  No                     Section reserved.
Sec.  63.4(a)(5).................  Yes                    Compliance dates.
Sec.  63.4(b)....................  No                     Circumvention discussion not applicable to Subpart
                                                           VVV.
Sec.  63.4(c)....................  Yes                    Severability.
Sec.  63.5.......................  .....................  CONSTRUCTION AND RECONSTRUCTION.
Sec.  63.5(a)(1).................  Yes                    Construction and reconstruction.
Sec.  63.5(a)(2).................  Yes                    New source--effective dates.
Sec.  63.5(b)(1).................  Yes                    New sources subject to relevant standards.
Sec.  63.5(b)(2).................  No                     Section reserved.
Sec.  63.5(b)(3).................  Yes                    No new major sources w/out Administrator approval.
Sec.  63.5(b)(4).................  Yes                    New major source notification.
Sec.  63.5(b)(5).................  Yes                    New major sources must comply.
Sec.  63.5(b)(6).................  Yes                    New equipment added considered part of major source.
Sec.  63.5(c)....................  No                     Section reserved.
Sec.  63.5(d)(1).................  Yes                    Implementation of 112(I)(2)--application of approval
                                                           of new source construction.
Sec.  63.5(d)(2).................  Yes                    Application for approval of construction for new
                                                           sources listing and describing planned air pollution
                                                           control system.
Sec.  63.5(d)(3).................  Yes                    Application for reconstruction.
Sec.  63.5(d)(4).................  Yes                    Administrator may request additional information.
Sec.  63.5(e)....................  Yes                    Approval of reconstruction.
Sec.  63.5(f)(1).................  Yes                    Approval based on State review.
Sec.  63.5(f)(2).................  Yes                    Application deadline.
Sec.  63.6.......................  .....................  COMPLIANCE WITH STANDARDS AND MAINTENANCE
                                                           REQUIREMENTS.
Sec.  63.6(a)....................  Yes                    Applicability of compliance with standards and
                                                           maintenance requirements.
Sec.  63.6(b)....................  Yes                    Compliance dates for new and reconstructed sources.
Sec.  63.6(c)....................  Yes                    Compliance dates for existing sources apply to
                                                           existing industrial POTW treatment plants.
Sec.  63.6(d)....................  No                     Section reserved.
Sec.  63.6(e)....................  Yes                    Operation and maintenance requirements apply to new
                                                           sources.
Sec.  63.6(f)....................  Yes                    Compliance with nonopacity emission standards applies
                                                           to new sources.
Sec.  63.6(g)....................  Yes                    Use of alternative nonopacity emission standard
                                                           applies to new sources.
Sec.  63.6(h)....................  No                     POTW treatment plants do not typically have visible
                                                           emissions.
Sec.  63.6(i)....................  Yes                    Extension of compliance with emission standards
                                                           applies to new sources.
Sec.  63.6(j)....................  No                     Subpart VVV addresses the Presidential exemption from
                                                           compliance with emission standards.
Sec.  63.7.......................  .....................  PERFORMANCE TESTING REQUIREMENTS.
Sec.  63.7(a)....................  Yes                    Performance testing is required for new sources.
Sec.  63.7(b)....................  Yes                    New sources must notify the Administrator of intention
                                                           to conduct performance testing.
Sec.  63.7(c)....................  Yes                    New sources must comply with quality assurance program
                                                           requirements.
Sec.  63.7(d)....................  Yes                    New sources must provide performance testing
                                                           facilities at the request of the Administrator.
Sec.  63.7(e)....................  Yes                    Requirements for conducting performance tests apply to
                                                           new sources.
Sec.  63.7(f)....................  Yes                    New sources may use an alternative test method.
Sec.  63.7(g)....................  Yes                    Requirements for data analysis, recordkeeping, and
                                                           reporting associated with performance testing apply
                                                           to new sources.
Sec.  63.7(h)....................  Yes                    New sources may request a waiver of performance tests.
Sec.  63.8.......................  .....................  MONITORING REQUIREMENTS.
Sec.  63.8(a)....................  Yes                    Applicability of monitoring requirements.
Sec.  63.8(b)....................  Yes                    Monitoring shall be conducted by new sources.
Sec.  63.8(c)....................  Yes                    New sources shall operate and maintain continuous
                                                           monitoring systems (CMS).
Sec.  63.8(d)....................  Yes                    New sources must develop and implement a CMS quality
                                                           control program.

[[Page 66101]]

 
Sec.  63.8(e)....................  Yes                    New sources may be required to conduct a performance
                                                           evaluation of CMS.
Sec.  63.8(f)....................  Yes                    New sources may use an alternative monitoring method.
Sec.  63.8(g)....................  Yes                    Requirements for reduction of monitoring data.
Sec.  63.9.......................  .....................  NOTIFICATION REQUIREMENTS.
Sec.  63.9(a)....................  Yes                    Applicability of notification requirements.
Sec.  63.9(b)....................  Yes                    Initial notification requirements.
Sec.  63.9(c)....................  Yes                    Request for extension of compliance with subpart VVV.
Sec.  63.9(d)....................  Yes                    Notification that source is subject to special
                                                           compliance requirements as specified in Sec.
                                                           63.6(b)(3) and (4).
Sec.  63.9(e)....................  Yes                    Notification of performance test.
Sec.  63.9(f)....................  No                     POTW treatment plants do not typically have visible
                                                           emissions.
Sec.  63.9(g)....................  Yes                    Additional notification requirements for sources with
                                                           continuous emission monitoring systems.
Sec.  63.9(h)....................  Yes                    Notification of compliance status when the source
                                                           becomes subject to subpart VVV.
Sec.  63.9(i)....................  Yes                    Adjustments to time periods or postmark deadlines or
                                                           submittal and review of required communications.
Sec.  63.9(j)....................  Yes                    Change of information already provided to the
                                                           Administrator.
Sec.  63.10......................  .....................  RECORDKEEPING AND REPORTING REQUIREMENTS.
Sec.  63.10(a)...................  Yes                    Applicability of notification and reporting
                                                           requirements.
Sec.  63.10(b)...................  Yes                    General recordkeeping requirements.
Sec.  63.10(c)...................  Yes                    Additional recordkeeping requirements for sources with
                                                           continuous monitoring systems.
Sec.  63.10(d)...................  Yes                    General reporting requirements.
Sec.  63.10(e)...................  Yes                    Additional reporting requirements for sources with
                                                           continuous monitoring systems.
Sec.  63.10(f)...................  Yes                    Waiver of recordkeeping and reporting requirements.
Sec.  63.11......................  .....................  FLARES AS A CONTROL DEVICE.
Sec.  63.11(a) & (b).............  Yes                    If a new source uses flares to comply with the
                                                           requirements of subpart VVV, the requirements of Sec.
                                                            63.11 apply.
Sec.  63.12......................  Yes                    STATE AUTHORITY AND DESIGNATION.
Sec.  63.13......................  Yes                    ADDRESSES OF STATE AIR POLLUTION CONTROL AGENCIES AND
                                                           EPA REGIONAL OFFICES.
Sec.  63.14......................  Yes                    INCORPORATION BY REFERENCE.
Sec.  63.15......................  Yes                    AVAILABILITY OF INFORMATION AND CONFIDENTIALITY.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 98-31399 Filed 11-30-98; 8:45 am]
BILLING CODE 6560-50-P