[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Proposed Rules]
[Pages 68832-68901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27385]



[[Page 68831]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants; Manufacture 
of Amino/Phenolic Resins; Proposed Rule

  Federal Register / Vol. 63, No. 239 / Monday, December 14, 1998 / 
Proposed Rules  

[[Page 68832]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-6173-3]
RIN 2060-AE36


National Emission Standards for Hazardous Air Pollutants; 
Manufacture of Amino/Phenolic Resins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: The proposed rule would reduce air emissions of hazardous air 
pollutants (HAP) from existing and new sources that manufacture amino 
or phenolic resins. The proposed rule would implement section 112 of 
the Clean Air Act Amendments of 1990 (Act) and is based on the 
Administrator's determination that amino/phenolic resin sources emit 
HAP identified on the EPA's list of 188 HAP.
    The resins covered by the proposed rule use formaldehyde as a 
primary feedstock. The major HAP emitted by sources covered by the 
proposed rule include formaldehyde, methanol, phenol, xylene, and 
toluene. Beginning with the first year after sources are required to 
comply with the proposed rule, the EPA concludes that the proposed rule 
is estimated to reduce HAP emissions from existing sources by 356 
megagrams per year (Mg/yr) from a baseline level of 644 Mg/yr. This is 
a 55 percent reduction.
    The published list of source categories included the amino resins 
production source category and the phenolic resins production source 
category. These two products can broadly be classified as formaldehyde-
based thermosetting resins. These two source categories are being 
combined into one source category (i.e., the amino/phenolic resins 
production source category) and are treated as a single source category 
for the purposes of this rulemaking.

DATES: Comments: Comments must be received on or before February 12, 
1999. For information on submitting electronic comments see the
SUPPLEMENTARY INFORMATION section of this document.
    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 the 
manufacture of Amino/Phenolic Resins. If anyone contacts the EPA 
requesting to speak at a public hearing by January 11, 1999, a public 
hearing will be held on January 28, 1999 beginning at 9:30 a.m.

ADDRESSES: Comments: Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (MC-6102) 
Attention: Docket No. A-92-19, U.S. Environmental Protection Agency, 
401 M Street SW., Washington, DC 20460. The EPA requests that a 
separate copy also be sent to John Schaefer, USEPA, Office of Air 
Quality Planning and Standards, Research Triangle Park, NC 27711, 
telephone (919) 541-0296, fax (919) 541-3470 and e-mail: 
[email protected].
    Comments and data may also be submitted electronically by following 
the instructions listed in SUPPLEMENTARY INFORMATION. No confidential 
business information (CBI) should be submitted through e-mail.
    Public Hearing: Persons interested in attending the hearing should 
notify Ms. Maria Noell at (919) 541-5607, Organic Chemicals Group (MD-
13) to verify that a hearing will occur. The public hearing, if 
required, will be held at the EPA's Office of Administration 
Auditorium, Research Triangle Park, North Carolina.
    Request to Speak at Hearing: Persons wishing to present oral 
testimony must contact the EPA by January 11, 1999 by contacting Ms. 
Maria Noell; Organic Chemicals Group, (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-5607.
    Basis and Purpose Document: The basis and purpose document (BPD) 
may be obtained from the U.S. Environmental Protection Library (MD-35), 
Research Triangle Park, NC 27711, telephone (919) 541-2777. Please 
refer to ``National Emissions Standards for Hazardous Air Pollutants 
for Source Category: Manufacture of Amino/Phenolic Resins--Background 
Information for Proposed Standards'' for the BPD. This document may 
also be obtained electronically from the EPA's Technology Transfer 
Network (TNN) (see SUPPLEMENTARY INFORMATION for access information.)
    Docket: A docket, No. A-92-19, containing information considered by 
the EPA in the development of the proposed standards for the 
Manufacture of Amino/Phenolic Resins, is available for public 
inspection between 8:00 a.m. and 4:00 p.m., Monday through Friday 
(except for Federal holidays) at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC-6102), 401 M Street SW, Washington, DC 20460, 
telephone: (202) 260-7548. The docket is located at the above address 
in Room M-1500, Waterside Mall (ground floor). The proposed 
regulations, BPD, and other supporting information are available for 
inspection and copying. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
proposed standard, contact Mr. John Schaefer, US EPA, Office of Air 
Quality Planning and Standards, Research Triangle Park, NC 27711, 
telephone (919) 541-0296.

SUPPLEMENTARY INFORMATION: Regulated Entities: Regulated categories and 
entities include:

------------------------------------------------------------------------
                                                Examples of regulated
                 Category                             entities
------------------------------------------------------------------------
Manufacture of Amino/Phenolic Resins......  Amino/phenolic resins
                                             facilities.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 63.1400 of the 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.
    Electronic comments and data can be sent directly to 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 diskette in 
Wordperfect 5.1 file format or 6.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number A-92-19. Electronic comments may be filed online at many 
Federal Depository Libraries.
    This document, the proposed regulatory texts, and BPD are available 
in docket number A-92-19 or by request from the EPA's Air and Radiation 
Docket and Information Center. (see ADDRESSES) Electronic copies of 
this document may also be obtained from the EPA Technology Transfer 
Network (TTN) via the internet at the following address: http://
www.epa.gov/ttn/oarpg. The EPA TTN is a free service, except for the 
normal long distance charges that apply.

[[Page 68833]]

    The following outline is provided to aid in reading the preamble to 
the proposed NESHAP for the Manufacture of Amino/Phenolic Resins. The 
information presented in this preamble is organized as follows:

I. List of Source Categories
    A. Single Source Category
    B. Change of Source Category Name
    C. Industry Profile
II. Background
    A. Pollutants
    B. Development of the Standard
III. Authority for National Emission Standards for Hazardous Air 
Pollutants (NESHAP) Decision Process
    A. Source of Authority for NESHAP Development
    B. Criteria for Development of NESHAP
IV. Summary of Proposed Standards
    A. Source Categories to be Regulated, Definition of Affected 
Source, and Definition of Amino/Phenolic Resin
    B. Relationship to Other Rules
    C. Pollutants to be Regulated
    D. Affected Emission Points
    E. Format of the Standards
    F. Summary of the Proposed Standards
    G. Compliance and Performance Test Provisions
    H. Monitoring Requirements
    I. Recordkeeping and Reporting Requirements
V. Rationale for Proposed Standards
    A. Selection of Hazardous Air Pollutants for Control
    B. Selection of Emission Points
    C. Determination of the Proposed Standards
    D. Selection of the Format of the Proposed Rule
    E. Selection of Compliance and Performance Test Provisions
    F. Selection of Parameter Monitoring Provisions
    G. Selection of Recordkeeping and Reporting Requirements
VI. Solicitation of Comments
VII. Summary Of Environmental, Energy, Cost, and Economic Impacts
    A. Facilities Affected by These NESHAP
    B. Primary Air Impacts
    C. Non-air Environmental Impacts
    D. Energy Impacts
    E. Cost Impacts
    F. Economic Impacts
VIII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866 Review
    D. Regulatory Flexibility Act
    E. Unfunded Mandates
    F. Executive Order 12875
    G. National Technology Transfer and Advancement Act
    H. Executive Order 13045
    I. Executive Order 13084

    Please note that in the rule which follows this preamble, 
Secs. 63.1410, 63.1411, 63.1412, and 63.1416 are all reserved sections. 
This action was taken in order to maintain clarity and continuity in 
the rule if new sections need to be added to the rule at a later date.

I. List of Source Categories

A. Single Source Category

    Section 112 of the Act requires that the EPA evaluate and control 
emissions of HAP. The control of HAP is achieved through promulgation 
of emission standards under sections 112(d) and 112(f) of the Act and 
work practice and equipment standards under section 112(h) of the Act 
for categories of sources that emit HAP. On July 16, 1992, the EPA 
published an initial list of major and area source categories to be 
regulated, (57 FR 31576), as required under section 112(c) of the Act. 
The amino resins production and phenolic resins production source 
categories were recorded separately on this initial list.
    The EPA believes that it is technically feasible to regulate 
emissions from amino and phenolic resin manufacturing facilities by a 
single set of emission standards. As described in detail in Chapter 3 
of the Basis and Purpose Document, the amino resins manufacturing 
process and the phenolic resins manufacturing process are very similar. 
At many facilities, the same process equipment is used to produce both 
amino and phenolic resins. For such facilities, complying with two 
different sets of standards would be difficult, if not impossible. In 
addition, the emission points for facilities manufacturing amino and 
phenolic resins are the same (reactor and non-reactor process vents, 
storage vessels, wastewater, and equipment leaks) and the resulting 
emission characteristics are very similar. Lastly, amino and phenolic 
manufacturing facilities use the same types of control devices to 
control HAP emissions from corresponding emission points; that is, 
there are no significant differences in the types of control 
technologies applicable to controlling emissions from amino and 
phenolic resins manufacturing processes. Another consideration in 
treating amino and phenolic resin facilities under a single set of 
standards is the cost involved in developing the standards and in 
complying with the standards. For the EPA, it is more efficient and 
less costly to develop a single standard than to develop separate 
standards for multiple source categories that have similar emission 
characteristics and applicable control technologies. A single set of 
standards will ensure that process equipment with comparable HAP 
emissions and control technologies are subject to consistent emission 
control requirements. In addition, compliance and enforcement 
activities will be more efficient and less costly.
    In summary, the information obtained during the information 
gathering phase of the project demonstrated that the manufacturing 
processes, emission characteristics, and applicable control 
technologies for facilities in these two source categories are similar. 
Based on these factors, the EPA concluded that these two source 
categories are to be treated as a single source category for the 
purposes of this rulemaking. For purposes of this preamble and the 
proposed rule, the term amino/phenolic resin, and similar terms, will 
be used to indicate that the two source categories of amino resins and 
phenolic resins have been treated as a single source category for 
purposes of developing this rule.

B. Change of Source Category Name

    Under today's action the EPA is proposing to revise the source 
category list published under section 112(c) of the Act to combine the 
Amino Resins Production and the Phenolic Resins Production source 
categories into a new category called ``Amino/Phenolic Resins 
Production.''

C. Industry Profile

    Production methods used in the manufacture of amino/phenolic resins 
include both batch and continuous operations, although batch operations 
make up a majority of the process. The sizes of the major facilities 
range from 140 Mg/yr to 149,000 Mg/yr. Air emissions of HAP originate 
from breathing and withdrawal losses from storage vessels, venting of 
process vessels, leaks from piping and equipment used to transfer HAP 
(equipment leaks), and volatization of HAP from wastewater streams. HAP 
emitted from the amino/phenolic production processes include a range of 
compounds. Among the most prevalent are formaldehyde, methanol, and 
phenol. Detailed information describing the manufacturing processes and 
associated emissions can be found in the Basis and Purpose Document.
    Over 56 companies at 99 facilities produce amino/phenolic products. 
An estimated 40 facilities are considered to be major sources according 
to the CAA criterion of having the potential to emit 10 tons per year 
of any HAP or 25 tons per year of combined HAP, based on 1992 emissions 
data. The proposed rule would apply to all major sources that 
manufacture amino/phenolic resins. Area sources would not be subject to 
the proposed rule.

[[Page 68834]]

II. Background

A. Pollutants

    The Act was created, in part, ``to protect and enhance the quality 
of the Nation's air resources so as to promote the public health and 
welfare and the productive capacity of its population'' [section 
101(b)(1) of the Act]. The proposed rule protects air quality and 
promotes the public health by reducing emissions of some of the HAP 
listed in section 112(b)(1) of the Act.
    The HAP listed in section 112(b)(1) of the Act emitted by the 
amino/phenolic resin facilities covered by this proposed rule include 
formaldehyde, methanol, phenol, xylene, and toluene. Exposure to these 
compounds has been demonstrated to cause adverse health effects. The 
adverse health effects associated with the exposure to these specific 
HAP are discussed briefly in the following paragraphs. In general, 
these findings have only been shown with concentrations higher than 
those in the ambient air.
    Formaldehyde, one of the HAP associated with this source category, 
has been classified as a probable human carcinogen of medium 
carcinogenic hazard based on sufficient animal and limited human 
evidence. In addition, short-term and long-term exposure to significant 
levels of formaldehyde may cause irritation of the eye, nose, throat, 
and, at higher levels, the respiratory tract in humans. Long-term 
exposures of animals have also resulted in damage to respiratory tract 
tissues. Although little information is available on developmental 
effects to humans, animal tests do not indicate effects on fetal 
development.
    Short-term inhalation of large amounts of methanol by humans may 
cause headache, gastric disturbances, and visual disturbances leading 
to blindness. Effects on vision, gastrointestinal system and the 
nervous system have been reported in humans following significant long-
term exposures. While no information is available on the reproductive 
or developmental effects of methanol in humans, birth defects have been 
observed in the offspring of rats exposed by inhalation to very high 
levels of methanol during pregnancy. Although no information is 
available on the carcinogenic effects of methanol in humans or animals, 
several tests of methanol's ability to damage genetic material have 
been negative. Because of a lack of information for humans and 
inadequate animal evidence, EPA does not consider methanol to be 
classifiable as a human carcinogen.
    Short-term inhalation of high levels of phenol in air by humans may 
cause irritation of lungs, muscle tremors, loss of coordination, 
paralysis, and with several weeks of high exposure, severe heart, 
kidney, liver and lung damage. Chronic inhalation exposure to phenol in 
humans has been associated with liver injury, and muscle pain and 
weakness. Effects on fetal development have been observed in animals 
ingesting phenol during pregnancy. Studies in mice have reported that 
phenol applied to the skin causes skin cancer and, its application 
coincident with certain cancer-causing chemicals, increases their 
carcinogenic potency. Because of a lack of information for humans and 
inadequate animal evidence, EPA does not consider phenol to be 
classifiable as a human carcinogen.
    Short-term inhalation of high levels of mixed xylenes in humans may 
cause irritation of the nose and throat, nausea, vomiting, gastric 
irritation, mild transient eye irritation, and neurological effects. 
Long-term inhalation of high levels of xylenes in humans may result in 
nervous system effects such as headaches, dizziness, fatigue, tremors, 
and incoordination. Other reported effects noted include labored 
breathing, heart palpitation, severe chest pain, abnormal heart 
functioning, and possible effects on the blood and kidneys. 
Developmental effects have been reported from xylene exposure via 
inhalation in animals. Because of a lack of information for humans and 
inadequate animal evidence, EPA does not consider xylenes to be 
classifiable as a human carcinogen.
    Short-term inhalation of relatively high concentrations of toluene 
by humans may cause nervous system effects such as fatigue, sleepiness, 
headaches, and nausea, as well as, irregular heartbeat. Repeated 
exposure to high concentrations may cause additional nervous system 
effects, including incoordination, tremors, decreased brain size, 
involuntary eye movements, and may impair speech, hearing, and vision. 
Long-term exposure of toluene in humans has also been reported to 
irritate the skin, eyes, and respiratory tract, and to cause dizziness, 
headaches, and difficulty with sleep. Children whose mothers were 
exposed to high levels of toluene before birth may suffer nervous 
system dysfunction, attention deficits, and minor face and limb 
defects. Inhalation of toluene by pregnant women may also increase the 
risk of spontaneous abortion. Because of a lack of information for 
humans and inadequate animal evidence, EPA does not consider toluene to 
be classifiable as a human carcinogen.
    The EPA does not have the type of current detailed data on each of 
the amino/phenolic resin facilities covered by the proposed rule, and 
the people living around the facilities, that would be necessary to 
conduct an analysis to determine the actual population exposures to the 
organic HAP emitted from these facilities and potential for resultant 
health effects. Therefore, the EPA does not know the extent to which 
the adverse health effects described above occur in the populations 
surrounding these facilities. However, to the extent the adverse 
effects do occur, the promulgated standard will substantially reduce 
emissions and exposures to the level achievable with maximum achievable 
control technology.

B. Development of the Standard

    The alternatives considered in the development of the proposed 
rule, including those alternatives selected as standards for new and 
existing sources, are based on process and emissions data received from 
the existing facilities known by the EPA to be in operation.
    Regulatory alternatives more stringent than the MACT floor were 
selected when they were judged to be achievable ``taking into 
consideration the cost of achieving such emission reduction, and any 
non-air quality health and environmental impacts and energy 
requirements'' [Section 112(d)(2) of the Act].
    The proposed rule gives existing facilities 3 years from the 
effective date of the final rule to comply. This is the maximum amount 
allowed by Section 112(i)(3)(A) of the Act. Based on the number of 
existing facilities affected by the proposed rule, the EPA believes 
that required retrofits or other actions can be achieved in the 
timeframe allotted. New facilities will be required to comply with the 
rule upon start-up. The EPA sees no reason why new facilities would not 
be able to comply with the requirements of the rule upon start-up.
    Included in the proposed rule are methods for determining initial 
compliance as well as monitoring, recordkeeping, and reporting 
requirements. All of these components are necessary to ensure that 
affected sources will comply with the standards both initially and over 
time. However, the EPA has made every effort to simplify the 
requirements in the rule.
    The proposed rule is modeled after the Hazardous Organic NESHAP 
(HON) (40 CFR part 63, subparts F, G, and H) and the Polymers & Resins 
IV NESHAP. Because the proposed rule relies on the Polymers & Resins IV 
NESHAP for some regulatory language and the Polymers &

[[Page 68835]]

Resins IV NESHAP is currently under litigation with changes to the 
regulatory text expected to be part of the litigation outcome, 
corresponding changes may be made to this proposal at the appropriate 
time. In some instances, the proposed rule refers to the HON. In doing 
so, the proposed rule has benefited from the extensive public debate 
and participation experienced in the HON rulemaking. The EPA has also 
attempted to maintain consistency with existing regulations by either 
incorporating text from existing or forthcoming regulations or 
referencing the applicable sections, depending on which method would be 
least confusing for a given situation.
    Representatives from other interested EPA offices and programs, 
including Regional offices, as well as state environmental agency 
personnel, participated in the regulatory development. These 
representatives were involved in the regulatory development process, 
and were given opportunities to review and comment on the proposed rule 
before proposal and promulgation. Therefore, the EPA believes that the 
implication to other EPA offices and programs and to state agencies has 
been adequately considered during the development of the proposed rule. 
In addition, the EPA has met with some members of industry concerning 
the proposed rule. Finally, industry, regulatory authorities, and 
environmental groups will have the opportunity to comment on the 
proposed rule and provide additional information during the public 
comment period following proposal.
    The proposed rule will result in an organic HAP emission reduction 
of 356 Mg/yr for existing facilities. No emission reductions have been 
estimated for new facilities because the EPA does not anticipate that 
any new facilities will be built over the next 5 years. The emission 
reductions achieved by these standards will help to achieve the primary 
goal of the Clean Air Act, which is to ``enhance the quality of the 
Nation's air resources so as to promote the public health and welfare 
and the productive capacity of its population.''

III. Authority for National Emission Standards for Hazardous Air 
Pollutants (NESHAP) Decision Process

A. Source of Authority for NESHAP Development

    Section 112 of the Act gives the EPA the authority to establish 
national standards to reduce air emissions from sources that emit one 
or more HAP. Section 112(b) contains a list of HAP to be regulated by 
NESHAP. Section 112(c) directs the EPA to use this pollutant list to 
develop and publish a list of source categories for which NESHAP will 
be developed. The EPA must list all known source categories and 
subcategories of ``major sources'' (defined below) that emit one or 
more of the listed HAP. A major source is defined in section 112(a) as 
any stationary source or group of stationary sources located within a 
contiguous area and under common control that emits or has the 
potential to emit in the aggregate, considering controls, 10 tons/yr or 
more of any one HAP or 25 tons/yr or more of any combination of HAP. 
This list of source categories was published in the Federal Register on 
July 16, 1992 (57 FR 31576) and includes amino and phenolic resins.

B. Criteria for Development of NESHAP

    The NESHAP are to be developed to control HAP emissions from both 
new and existing sources according to the statutory directives set out 
in section 112(d) of the Act. The statute requires the standards to 
reflect the maximum degree of reduction in emissions of HAP that is 
achievable for new or existing sources. This control level is referred 
to as MACT. Consideration of control levels more stringent than the 
MACT floor (described below) must reflect consideration of the cost of 
achieving the emission reduction, any non-air quality, health, and 
environmental impacts, and energy requirements.
    The MACT floor is the least stringent level allowed for MACT 
standards. For new sources, the standards for a source category or 
subcategory ``shall not be less stringent than the emission control 
that is achieved in practice by the best controlled similar source, as 
determined by the Administrator'' [section 112(d)(3) of the Act]. 
Existing source standards shall be no less stringent than the average 
emission limitation achieved by the best performing 12 percent of the 
existing sources for categories and subcategories with 30 or more 
sources or the average emission limitation achieved by the best 
performing 5 sources for categories or subcategories with fewer than 30 
sources [section 112(d)(3) of the Act]. These two minimum levels of 
control define the MACT floor for new and existing sources.
    Two interpretations have been evaluated by the EPA for representing 
the MACT floor for existing sources. One interpretation is that the 
MACT floor is represented by the worst performing source of the best 
performing 12 percent of the sources. The second interpretation is that 
the MACT floor is represented by the ``average emission limitation 
achieved'' by the best performing sources, where the ``average'' is 
based on a measure of central tendency, such as the arithmetic mean, 
median, or mode. This latter interpretation is referred to as the 
``higher floor interpretation.'' In a June 6, 1994 Federal Register 
notice (59 FR 29196), the EPA presented its interpretation of the 
statutory language concerning the MACT floor for existing sources. 
Based on a review of the statute, legislative history, and public 
comments, the EPA believes that the ``higher floor interpretation'' is 
a better reading of the statutory language. The determination of the 
MACT floor for existing sources under the proposed rule followed the 
``higher floor interpretation.''

IV. Summary of Proposed Standards

A. Source Categories to be Regulated, Definition of Affected Source, 
and Definition of Amino/Phenolic Resin

    The published list of source categories included the amino resins 
production source category and the phenolic resins production source 
category. These two products can broadly be classified as formaldehyde-
based thermosetting resins. These two source categories are being 
combined into one source category and are treated as a single source 
category for the purposes of this rulemaking. The proposed rule would 
regulate organic HAP emissions from facilities in the amino/phenolic 
resin source category, provided that a facility is determined to be a 
major source. The proposed rule would regulate existing and new 
affected sources. For this proposed rule, an affected source is defined 
as each group of one or more amino/phenolic resin process units (APPU) 
that is located at a plant site that is a major source. An APPU is 
defined as follows:

    Amino/Phenolic Resin Process Unit (APPU) means a collection of 
equipment assembled and connected by hard-piping or ductwork used to 
process raw materials and to manufacture an amino/phenolic resin as 
its primary product. This collection of equipment includes process 
vents from process vessels; equipment identified in Sec. 63.149; 
storage vessels, as determined in Sec. 63.1400(g); and the equipment 
that is subject to the equipment leak provisions as specified in 
Sec. 63.1415. Utilities, lines and equipment not containing process 
fluids, and other non-process lines, such as heating and cooling 
systems which do not combine their materials with those in the 
processes they serve, are not part of the amino/phenolic resin 
process unit. An amino/phenolic resin process unit consists of more 
than one unit operation.

In addition to the emission points and/or equipment included in the 
definition

[[Page 68836]]

of APPU, the affected source includes waste management units, 
maintenance wastewater, heat exchange systems, and equipment used to 
comply with the proposed rule, including control devices and recovery 
devices.
    As described earlier in this preamble, the source categories of 
amino resins and phenolic resins have been combined into a single 
source category. To reflect this administrative action in the proposed 
rule, there are three definitions: amino/phenolic resin, amino resin, 
and phenolic resin. These definitions are presented below:

    Amino/Phenolic Resin means one or both of the following types of 
resins:
    (1) Amino resin, or
    (2) Phenolic resin.
    Amino resin means a resin produced through the reaction of 
formaldehyde, or a formaldehyde containing solution (e.g., aqueous 
formaldehyde), with compound(s) that contain the amino group; these 
compounds include melamine, urea, and urea derivatives.
    Phenolic resin means a resin that is a condensation product of 
formaldehyde and phenol, or a formaldehyde substitute and/or a 
phenol substitute. Substitutes for formaldehyde include acetaldehyde 
or furfuraldehyde. Substitutes for phenol include other phenolic 
starting compounds such as cresol, xylenols, p-tert-butylphenol, p-
phenylphenol, and nonylphenol.

B. Relationship to Other Rules

    Affected sources subject to the proposed rule may also be subject 
to other existing rules. The relationship between this rule and three 
other rules is discussed below. See proposed Sec. 63.1401(g)-(i).
    Affected sources subject to the proposed rule may have storage 
vessels subject to the NSPS for Volatile Organic Liquid Storage Vessels 
(40 CFR part 60, subpart Kb). For storage vessels subject to and 
complying with the NSPS, the proposed rule requires that such storage 
vessels remain in compliance with the NSPS because the NSPS level of 
control (i.e., 95%) is more stringent than the control level for the 
proposed rule (i.e., 50%). For storage vessels subject to the NSPS but 
that did not have to apply controls (e.g., the storage vessels stores 
an organic liquid but the vapor pressure of the stored material is 
below the applicability criteria), the proposed rule states that after 
the compliance date for the proposed rule, such storage vessels are 
only required to comply with the proposed rule and are no longer 
subject to subpart Kb.
    Affected sources subject to the proposed rule may have cooling 
towers subject to the NESHAP for Industrial Cooling Towers (40 CFR part 
63, subpart Q). There is no conflict between the requirements of 
subpart Q and the proposed rule. Subpart Q prohibits the use of certain 
chemicals in the cooling tower water, and the proposed rule implements 
a leak detection and repair program for organic HAP. Therefore, 
affected sources subject to both rules must comply with both rules.
    Affected sources subject to the proposed rule may also be subject 
to the Standards of Performance for Equipment Leaks of VOC in the 
Synthetic Organic Chemicals Manufacturing Industry (SOCMI LDAR) (40 CFR 
part 60, subpart VV) and/or the National Emission Standards for Organic 
Hazardous Air Pollutants for Equipment Leaks (HON NESHAP LDAR)(40 CFR 
part 63, subpart H). After the compliance date for the proposed rule, 
such affected sources are only required to comply with the proposed 
rule and are no longer subject to CFR part 60 subpart VV or to CFR part 
63 subpart H. The proposed rule directly references the HON provisions 
contained in subpart H, and therefore is equivalent to the HON. The HON 
is more stringent than the subpart VV.
    Another likely instance of interaction between the proposed rule 
and other rules is related to storage vessels already covered by the 
HON; this is likely to occur at amino/phenolic resin facilities that 
are collocated with formaldehyde plants subject to the HON. In such 
cases, a methanol storage vessel supplying methanol to the amino/
phenolic resin facility is likely to be subject to the HON. The storage 
vessel assignment procedures in the proposed rule address such 
situations. If a storage vessel is already subject to another part 63 
standard, that storage vessel is considered to be assigned to the 
process unit subject to the part 63 standard and is not subject to the 
proposed rule.

C. Pollutants To Be Regulated

    Facilities in the amino/phenolic source category emit a variety of 
organic HAP. Among the most significant emissions of organic HAP are 
the following: formaldehyde, methanol, phenol, xylene, and toluene. The 
proposed rule would regulate emissions of these compounds, as well as a 
variety of other organic HAP that are emitted.

D. Affected Emission Points

    Emissions from the following emission points are being covered by 
the proposed rule: storage vessels, continuous process vents, batch 
process vents, heat exchange systems, wastewater, and equipment leaks.

E. Format of the Standards

    The Hazardous Organic NESHAP (HON) (subparts F, G, H, and I of 40 
CFR part 63) is relied on heavily and provides the basis for selection 
of the proposed formats for the majority of emission points. For those 
emission points relying on the HON (i.e., storage vessels, continuous 
process vents, heat exchange systems, wastewater, and equipment leaks), 
the format of the proposed standards is the same as that found in the 
HON. The following paragraphs summarize the selected formats.
    For storage vessels, the format of the proposed standards is 
dependent on the method selected to comply with the standards. If tank 
improvements (e.g., internal or external floating roofs with proper 
seals and fittings) are selected, the format is a combination of 
design, equipment, work practice, and operational standards. If a 
closed vent system and control device are selected, the format is a 
combination of design and equipment standards, and a percent reduction 
or outlet concentration. As an alternate standard, the proposed rule 
allows emissions from storage vessels to be vented to a control device 
continuously achieving an outlet concentration of 20 ppmv of organic 
HAP. In this case the format is an outlet concentration.
    For continuous process vents, the format of the proposed standards 
is also dependent on the method selected to comply with the standards. 
If a control device other than a flare is used, the formats are a 
percent reduction or an outlet concentration. If a flare is selected, 
the format is a combination of equipment and operating specifications. 
Like storage vessels, the proposed rule allows compliance by venting 
emissions to a control device continuously achieving an outlet 
concentration of 20 ppmv of organic HAP.
    For batch process vents the format depends on the type of batch 
process vent. For reactor batch process vents, a percent reduction and 
an emission limit were selected. The standard requires that emissions 
are reduced by a certain percent (i.e., 93 percent at existing affected 
sources and 95 percent at new affected sources) over the batch cycle. 
As an alternative, the standard allows a demonstration that emissions 
are limited to 0.017 kg of HAP per megagram of product at existing 
affected sources or 0.01 kg of HAP per megagram of product at new 
affected sources. For non-reactor batch process vents, the standard 
requires that emissions for the collection of non-reactor batch process 
vents within the affected source are

[[Page 68837]]

reduced by 68 percent at existing affected sources and by 83 percent at 
new affected sources. Like continuous process vents, if a flare is 
selected, the format is a combination of equipment and operating 
specifications. Like storage vessels and continuous process vents, the 
proposed rule allows compliance by venting emissions to a control 
device continuously achieving an outlet concentration of 20 ppmv of 
organic HAP.
    For heat exchange systems, a work practice standard is proposed. 
This standard requires a leak detection and repair program to detect 
and repair leaks of organic HAP into cooling tower water.
    For wastewater streams requiring control, the proposed standards 
incorporate several formats: equipment, operational, work practice, and 
emission standards. The particular format selected depends on which 
portion of the wastewater stream is involved. For transport and 
handling equipment, the selected format is a combination of equipment 
standards and work practices. For the reduction of organic HAP from the 
wastewater stream itself, several alternative formats are included, 
including alternative numerical emission limit formats and equipment 
design and operation standard for a steam stripper. For vapor recovery 
and destruction devices other than flares, the format is a weight 
percent reduction. For flares, the format is a combination of equipment 
and operating specifications.
    For equipment leaks, the proposed standards incorporate several 
formats: equipment, design, base performance levels (e.g., maximum 
allowable percent leaking valves), work practices, and operational 
practices. Different formats are necessary for different types of 
equipment because of the nature of the equipment, available control 
techniques, and applicability of the measurement method.

F. Summary of the Proposed Standards

    Detailed information describing the approach used to determine MACT 
floors and the consideration of regulatory alternatives is presented in 
Section V of this preamble.
    The proposed standards for new and existing affected sources are 
summarized in Table 1 and Table 2, respectively. The sections below 
present the proposed standards by emission point and present the 
alternative 20 ppmv of organic HAP emission limit.
1. Storage Vessels
    The proposed standard for storage vessels at existing affected 
sources is 50 percent emission reduction for storage vessels meeting 
the following applicability criteria:

Aqueous formaldehyde: 10,000 gallons capacity with vapor 
pressure 0.47 psia
Non-aqueous formaldehyde: 10,160 gallons capacity with vapor 
pressure 2.45 psia; and 90,000 gallons capacity 
with vapor pressure 0.45 psia.

For storage vessels at new affected sources, the applicability criteria 
are the same but the control levels are different. For aqueous 
formaldehyde storage vessels, the control level is 50 percent, and for 
non-aqueous formaldehyde storage vessels, the control level is 95 
percent.
2. Continuous Process Vents
    The proposed standard for continuous process vents at new affected 
sources utilizes the MACT floor level of control and the HON process 
vent provisions to establish a two-tiered standard. For continuous 
process vents with total resource effectiveness values (TRE) greater 
than 1.0 but less than or equal to 1.2, 85 percent emission reduction 
is required (i.e., MACT floor). For continuous process vents with a TRE 
value of 1.0 or less, 98 percent emission reduction is required (i.e., 
HON). For process vents with a TRE value greater than 1.2, controls are 
not required. TRE values are determined using the TRE equations from 
the HON for a thermal incinerator with 70 percent heat recovery. As an 
alternative to the percent reduction, an owner or operator may 
demonstrate that the selected controls reduce the outlet concentration 
to 20 ppmv.
    The proposed rule does not contain any requirements for the control 
of continuous process vents at existing affected sources.

          Table 1.--Proposed Standards for New Affected Sources
------------------------------------------------------------------------
                                  Applicability
       Emission point               criteria              Standard
------------------------------------------------------------------------
Storage Vessels.............  For aqueous           50 percent control
                               formaldehyde          OR alternative
                               vessels; vessels      standard of venting
                               with capacities of    to a control device
                               10,000 gallons or     continuously
                               greater with vapor    achieving a 20 ppmv
                               pressures of 0.47     outlet
                               psia or greater.      concentration OR 95
                               For non-aqueous       percent control OR
                               formaldehyde          alternative
                               vessels; vessels      standard of venting
                               with capacities of    to a control device
                               10,160 gallons or     continuously
                               greater with vapor    achieving a 20 ppmv
                               pressures of 2.45     outlet
                               psia or greater and   concentration.
                               vessels with
                               capacities of
                               90,000 gallons and
                               greater with vapor
                               pressures of 0.45
                               psia and greater.
Continuous Process Vents....  HON TRE value         85 percent control
                               calculations; two     for vents with TRE
                               levels of control.    greater than 1.0
                                                     but less than or
                                                     equal to 1.2 and 98
                                                     percent control for
                                                     vents with TRE
                                                     equal to or less
                                                     than 10.0 OR
                                                     alternative
                                                     standard of venting
                                                     to a control device
                                                     continously
                                                     achieving a 20 ppmv
                                                     outlet
                                                     concentration.
Reactor Batch Process Vents.  No applicability      95 percent control
                               criteria, all         over the batch
                               reactor batch         cycle; or 0.01
                               process vents are     kilogram of HAP per
                               subject to control.   megagram of
                                                     product; OR
                                                     alternative
                                                     standard of venting
                                                     to a control device
                                                     continuously
                                                     achieving a 20 ppmv
                                                     outlet
                                                     concentration.
Non-Reactor Batch Process     Facility-wide         83 percent control
 Vents.                        emissions from the    for the collection
                               collection of non-    of non-reactor
                               reactor batch         batch process vents
                               process vents         within the affected
                               greater than or       source; OR
                               equal to 0.23 Mg.     alternative
                                                     standard of venting
                                                     to a control device
                                                     continuously
                                                     achieving a 20 ppmv
                                                     outlet
                                                     concentration.
Heat Exchange Systems.......  No applicability      Monitor for leaks.
                               criteria.
Wastewater..................  HON applicability     HON control level.
                               criteria.

[[Page 68838]]

 
Equipment Leaks.............  HON applicability     HON leak detection
                               criteria a.           and repair program.
------------------------------------------------------------------------
a The HON has an exemption for equipment components in organic HAP
  service less than 300 hours per year.


       Table 2.--Proposed Standards for Existing Affected Sources
------------------------------------------------------------------------
                                  Applicability
       Emission point               criteria              Standard
------------------------------------------------------------------------
Storage Vessels.............  For aqueous           50 percent control
                               formaldehyde          OR alternative
                               vessels; vessels      standard of venting
                               with capacities of    to a control device
                               10,000 gallons or     continuously
                               greater with vapor    achieving a 20 ppmv
                               pressures of 0.47     outlet
                               psia or greater.      concentration.
                               For non-aqueous
                               formaldehyde
                               vessels; vessels
                               with capacities of
                               10,160 gallons or
                               greater with vapor
                               pressures of 2.45
                               psia or greater and
                               tanks with
                               capacities of
                               90,000 gallons and
                               greater with vapor
                               pressures of 0.45
                               psia and greater.
Continuous Process Vents....  Not applicable......  No standard
                                                     selected.
Reactor Batch Process Vents.  No applicability      93 percent control
                               criteria, all         over the batch
                               reactor batch         cycle; OR 0.017
                               process vents are     kilogram of HAP per
                               subject to control.   megagram of
                                                     product; OR
                                                     alternative
                                                     standard of venting
                                                     to a control device
                                                     continuously
                                                     achieving a 20 ppmv
                                                     outlet
                                                     concentration.
Non-Reactor Batch Process     Facility-wide         68 percent control
 Vents.                        emissions from non-   for all non-reactor
                               reactor batch         batch process vents
                               process vents         within the affected
                               greater than or       source; OR
                               equal to 0.23 Mg.     alternative
                                                     standard of venting
                                                     to a control device
                                                     continuously
                                                     achieving a 20 ppmv
                                                     outlet
                                                     concentration.
Heat Exchange Systems.......  No applicability      Monitor for leaks.
                               criteria.
Wastewater..................  Not applicable......  No standard
                                                     selected.
Equipment Leaks.............  HON applicability     HON leak detection
                               criteria a.           and repair program.
------------------------------------------------------------------------
a The HON has an exemption for equipment components in organic HAP
  service less than 300 hours per year.

3. Batch Process Vents
    Batch process vents are distinguished as reactor batch process 
vents or non-reactor batch process vents under the proposed standards, 
and are discussed separately in this section.
    Reactor Batch Process Vents. The proposed standards for reactor 
batch process vents at new affected sources are 95 percent emission 
reduction with an alternative emission limit of 0.01 kilogram of HAP 
per megagram of product. The proposed standards for reactor batch 
process vents at existing affected sources are 93 percent emission 
reduction with an alternative emission limit of 0.017 kilogram of HAP 
per megagram of product. Because there are no applicability criteria 
for reactor batch process vents, all vents require control.
    Non-Reactor Batch Process Vents. The proposed standard for non-
reactor batch process vents at new affected sources is an overall 
emissions reduction of 83 percent from all non-reactor batch process 
vents within the affected source for affected sources with emissions 
from non-reactor batch process vents greater than or equal to 0.25 tpy. 
The proposed standard for existing affected sources is an overall 
emissions reduction of 68 percent for the collection of non-reactor 
batch process vents within the affected source for affected sources 
with emissions from the collection of non-reactor batch process vents 
greater than or equal to 0.23 Mg.
4. Heat Exchange Systems
    A monitoring program to detect leaks from the process into the 
cooling water is the proposed standard for heat exchange systems at 
both new and existing affected sources. This monitoring program is the 
same as the HON program (40 CFR part 63, subpart F).
5. Wastewater Streams
    The proposed standard for wastewater streams at new affected 
sources is the HON. No standard is being proposed for existing affected 
sources.
6. Equipment Leaks
    The proposed standard for equipment leaks at new and existing 
affected sources is based on the HON (40 CFR part 63, subpart H). 
Aspects of the proposed standards that are not found in the HON are: 
(1) The option to group valves, (2) longer monitoring frequencies for 
facilities that demonstrate lower leak frequencies for valves and 
connectors, (3) delay of repair of equipment for which leaks have been 
detected is also allowed if the owner or operator determines that 
repair personnel would be exposed to an immediate danger if attempting 
to repair without a process shutdown, (4) closed-vent systems designed 
to operate at a pressure below atmospheric pressure may be used to 
comply, and (5) an actual annual production cutoff of 800 megagrams per 
year (i.e., affected sources that maintain actual annual production of 
amino/phenolic resins is equal to or less than 800 megagrams per year 
are exempt from the equipment leaks provisions).
7. Alternative Standard
    As an alternative to the standards presented above for storage 
vessels, continuous process vents, reactor batch process vents, and 
non-reactor batch process vents, an owner or operator may choose to 
meet an alternative emission limit. Under the alternative emission 
limit, vent streams requiring control may be vented to a control device 
continuously achieving an outlet concentration of 20 ppmv of organic 
HAP. This alternative emission limit differs from the 20 ppmv 
alternatives that accompany the percent reduction requirements for 
storage vessels and continuous process vents in that a performance test 
specific to an

[[Page 68839]]

individual emission point is not required. Instead, an initial 
demonstration that the control device continuously achieves an outlet 
concentration of 20 ppmv of organic HAP is required. Continuous 
compliance is demonstrated through continuous monitoring of the control 
device outlet concentration.

G. Compliance and Performance Test Provisions

    Compliance and performance test provisions, to include group 
determination procedures, contained in the proposed rule are based on 
the HON, but there are several important exceptions. First, test 
methods are different because of the specific HAP emitted by amino/
phenolic resin facilities. Second, the specific provisions for batch 
process vents are based on the provisions from the promulgated Group IV 
Polymers and Resins NESHAP (40 CFR part 63 Subpart JJJ).
    Because of the specific HAP emitted by amino/phenolic resin 
facilities, the test methods specified in the HON are not completely 
adequate for the proposed rule. Specifically, formaldehyde is not 
adequately detected using either Method 18 or Method 25A of appendix A, 
40 CFR part 60. Therefore, the following test methods have been added 
specifically for formaldehyde: Methods 316 and 320. Method 316 is a 
manual method that was proposed with the Mineral Wool NESHAP (62 FR 
25370) and Method 320 is an FTIR-based method that was proposed with 
the Portland Cement NESHAP (63 FR 14181). Further, Method 18 does not 
always adequately detect methanol, and Method 308 has been included as 
an option for testing for methanol.
    Under the proposed rule, owners or operators of control devices 
receiving 9.1 Mg/yr (10 tpy) or less of uncontrolled HAP emissions are 
not required to conduct a performance test and instead may perform a 
design evaluation to demonstrate compliance with the proposed rule.
    Each type of emission point is discussed briefly in the paragraphs 
below.
1. Storage Vessels
    The proposed standards for storage vessels refer directly to the 
HON storage vessel provisions. The group status of storage vessels is 
determined based on the storage vessel capacity and vapor pressure of 
the stored material. The proposed rule includes a table specifying 
storage vessels that are Group 1 and therefore require control. There 
is no requirement for an emissions test or engineering assessment to 
determine the group status of a storage vessel.
    Compliance demonstration provisions include periodic visual 
inspections of vessels, roof seals, and fittings, as well as internal 
inspections.
2. Continuous Process Vents
    The proposed standards for continuous process vents refer directly 
to the HON process vent provisions. Under the referenced provisions, an 
owner or operator is required to either calculate a TRE index value to 
determine whether each continuous process vent is a Group 1 or Group 2 
vent, or the owner or operator can elect to comply with the continuous 
process vent control requirements without calculating the TRE index. 
The TRE index value is determined after the last recovery device in the 
process or prior to venting to the atmosphere. The TRE calculation 
involves an emissions test or engineering assessment and use of the TRE 
equations in the proposed rule.
    Performance test provisions are included for Group 1 continuous 
process vents to verify that the control device achieves the required 
performance.
3. Batch Process Vents
    There are no group determination procedures for reactor batch 
process vents because all reactor batch process vents are subject to 
control under the proposed rule. For non-reactor batch process vents, 
control is required for affected sources with 0.25 tons per year or 
more of uncontrolled emissions from the collection of non-reactor batch 
process vents within the affected source. Procedures for determining 
uncontrolled emissions from non-reactor batch process vents are 
included in the proposed rule. For those affected sources required to 
control non-reactor batch process vents, an owner or operator can 
choose to not control some non-reactor batch process vents, as long as 
emissions from the collection of non-reactor batch process vents are 
reduced by the specified percentage. Performance test provisions are 
included to verify the efficiency achieved by the control device.
    Compliance is demonstrated by showing that for the batch cycle, if 
an individual reactor batch process vent is being controlled, or on an 
overall basis, if non-reactor batch process vents are being controlled, 
the specified percent reduction is achieved. To demonstrate this, an 
emissions profile must be developed that identifies each batch emission 
episode included in the batch process vent and characterizes emissions 
from each batch emission episode on a mass emitted per unit time basis. 
Using this emissions profile, the owner or operator must show that the 
periods of under-control and over-control of emissions balance and the 
batch cycle percent reduction or the overall percent reduction is 
achieved. The proposed rule contains procedures for estimating 
emissions from individual batch emission episodes, estimating control 
device efficiency, and for demonstrating that the required percent 
reduction is achieved.
    Procedures for demonstrating compliance with the alternative 
kilogram of HAP per megagram of product emission limit are also 
included in the proposed rule.
4. Heat Exchange Systems
    There are no performance test requirements for heat exchange 
systems. Compliance is demonstrated through the monitoring of cooling 
water to detect leaks in heat exchange systems. If a leak is detected, 
the heat exchange system must be repaired.
5. Wastewater
    The proposed standards for wastewater refer directly to the HON 
wastewater provisions. For demonstrating compliance with the various 
requirements (i.e., group determinations, demonstrations of control 
device performance, or demonstrations of treatment processes), the 
proposed rule allows the owners or operators to either conduct 
performance tests or to document compliance using engineering 
calculations.
6. Equipment Leaks
    The proposed standards for equipment leaks refer directly to the 
HON equipment leak provisions. The proposed rule retains the use of 
Method 21 to detect leaks. Method 21 requires a portable organic vapor 
analyzer to monitor for leaks from equipment in use. A ``leak'' is a 
concentration specified in the regulation for the type of equipment 
being monitored and is based on the instrument response to methane (the 
calibration gas) in air. The observed screening value may require 
adjustment for response factor relative to methane if the weighted 
response factor of the stream exceeds a specified multiplier. The 
proposed rule requires the use of Method 18 to determine the organic 
content of a process stream.

H. Monitoring Requirements

    The proposed rule requires monitoring of HAP emissions and control 
and recovery device operating parameters. HAP emissions are

[[Page 68840]]

monitored directly as part of complying with the kilogram of HAP 
emissions per megagram of product limits for reactor batch process 
vents or as part of the 20 ppmv alternative standard. Control device 
operating parameters are monitored as part of complying with the 
percent reduction requirements of the proposed rule.
    Continuous parameter monitoring is required for control devices. 
Exceptions to this are that control devices controlling less than 1 ton 
per year of uncontrolled emissions are exempt from continuous 
monitoring but the owner or operator must conduct a daily or per batch 
demonstration that the control device is operating properly. Second, 
owners or operators of control devices serving storage vessels are not 
required to conduct parameter monitoring unless the owner or operator 
specifies continuous monitoring in the monitoring plan required by the 
referenced HON provisions. However, if a control device is used, the 
owners or operator must identify the appropriate monitoring procedures 
to be followed for compliance demonstration purposes. Further, if a 
control device serves both a storage vessel(s) and another emission 
point subject to the proposed rule, the control device is subject to 
continuous parameter monitoring if the other emission point is subject 
to continuous parameter monitoring.
    Parameters must be monitored when emissions are vented to the 
control device. The proposed rule directly references the HON 
monitoring requirements for continuous process vents, storage vessels, 
and wastewater. However, there are general monitoring requirements 
specified in the proposed rule (e.g., establishment of parameter 
monitoring levels) that apply to all emission points.
    The proposed rule identifies parameters to be monitored for most 
control devices expected to be used for emission points regulated by 
the proposed rule. Parameter monitoring levels are established based on 
design evaluation for control devices with uncontrolled emissions less 
than 10 tons per year. For all other control devices required to 
conduct continuous parameter monitoring, parameter monitoring levels 
are established based on a performance test, but can be supplemented by 
manufacturer's recommendations and/or an engineering assessment. If an 
owner or operator chooses to supplement results of the performance test 
using manufacturer's recommendations and/or engineering assessment, the 
established parameter monitoring level is subject to review and 
approval by the Administrator.
    Parameter monitoring averages are determined based on all recorded 
values, except for values recorded under certain conditions, for 
example under conditions of start-up, shutdown, or malfunction. 
Parameter averages must be daily averages for control devices serving 
continuous process vents, waste management units, storage vessels (if 
required), or equipment leaks. Parameter averages may be either batch 
cycle daily averages or block averages for batch process vents. 
Parameter averages based on batch cycle daily averages cover a 24-hour 
period, based on the defined operating day, and may or may not cover 
multiple batch cycles for the batch process vent. A batch cycle daily 
average may also cover partial batch cycles, therefore the proposed 
rule requires that the information required to calculate parameter 
monitoring compliance for partial batch cycles be provided. Parameter 
averages based on block averages cover the complete batch cycle, 
regardless of the length of time for the batch cycle.
    There are two types of violations under the proposed rule; 
violations of the operating limit and violations of the emission limit. 
Violations of the operating limit occur when not enough operating 
parameter monitoring data are available to constitute a valid day's 
worth of data or when the average is above the maximum or below the 
minimum established value. The proposed rule requires that 75 percent 
of the possible data points are recorded and are valid during a day. 
Violations of the emission limit occur when a control device fails to 
meet the 20 ppmv alternative standard allowed for continuous process 
vents, batch process vents, and storage vessels, or when a control 
device fails to meet the kilogram of HAP per megagram of product 
emission limits for batch process vents. There is one situation where 
an exceedance of an operating parameter is considered a violation of 
the emission limit. When the exit gas temperature monitoring data for a 
condenser shows an exceedance, it is considered a violation of the 
emission limit.
    Provisions for alternate monitoring parameters are included in the 
proposed rule. An owner or operator must apply for approval to monitor 
an alternate parameter.

I. Recordkeeping and Reporting Requirements

    The general recordkeeping and reporting requirements of this 
subpart are very similar to those found in the HON. The proposed rule 
also relies on the provisions of subpart A of 40 CFR part 63. A table 
included in the proposed rule designates which sections of subpart A 
apply to the proposed rule. Specific recordkeeping and reporting 
requirements for each type of emission point are also included in the 
proposed rule. The proposed rule references the recordkeeping and 
reporting requirements for continuous process vents, storage vessels, 
wastewater, and equipment leaks.
    The proposed rule requires sources to keep records and submit 
reports of information necessary to document compliance. Records must 
be kept for 5 years. The following reports must be submitted to the 
Administrator as appropriate: (1) Precompliance Report, (2) 
Notification of Compliance Status, (3) Periodic Reports, and (4) Other 
Reports. The requirements for each of the four reports are summarized 
below. In addition, sources complying with the equipment leak 
requirements contained in subpart H must follow the recordkeeping and 
reporting requirements of subpart H.
1. Precompliance Report
    The Precompliance Report would be due no later than 12 months prior 
to the compliance date. The Precompliance Report includes the 
following, as appropriate: compliance extension requests; requests to 
monitor alternative parameters; intent to use alternative controls; 
intent to use the alternative continuous monitoring and recordkeeping 
allowed by the rule; demonstration that the emissions estimation 
equations for batch process vents are not appropriate; and information 
related to establishing parameter monitoring levels, if required.
2. Notification of Compliance Status
    The Notification of Compliance Status would be due 150 days after 
the affected source's compliance date. It includes the information 
necessary to demonstrate that compliance has been achieved for emission 
points required to apply controls by the proposed rule. Such 
information includes, but is not limited to, the results of any 
performance tests; one complete test report for each test method used 
for a particular kind of emission point; TRE determinations for 
continuous process vents; design analyses for storage vessels and 
wastewater emission points and for certain batch process vents; and 
monitored parameter levels for each emission point and supporting data 
for the designated level.
3. Periodic Reports
    Generally, Periodic Reports would be submitted semiannually. 
However, there is an exception. The Administrator may

[[Page 68841]]

request that the owner or operator submit quarterly reports for certain 
emission points that the Administrator identifies. After 1 year, 
semiannual reporting can be resumed, unless the Administrator requests 
continuation of quarterly reports.
    Periodic Reports would include information required to be reported 
under the recordkeeping and reporting provisions for each emission 
point. For continuously monitored parameters, the data on those periods 
when the parameters are above the maximum or below the minimum 
established levels are included in the reports. Periodic Reports would 
also include results of any performance tests conducted during the 
reporting period and instances when required inspections revealed 
problems.
    4. Other Reports
    Other reports required under the proposed rule include: the 
notification of inspections required for storage vessels; reports of 
changes to the primary product for an APPU or process unit; reports of 
addition of one or more APPUs, addition of one or more emission points, 
or change in the group status of emission points.

V. Rationale for Proposed Standards

A. Selection of Hazardous Air Pollutants for Control

    Of the 188 compounds listed, only a limited number are emitted from 
amino/phenolic resin facilities. Because the EPA judged that it was 
unnecessary to require facilities to test for all 188 HAP, a list of 
the specific HAP to be regulated in the proposed rule was developed. 
However, all 188 listed HAP must be considered in any major source 
determination under the General Provisions to 40 CFR part 63.
    To select which HAP are to be regulated under the proposed NESHAP, 
the EPA evaluated the emissions data provided by the industry in the 
1992 Information Collection Request. Based on this evaluation, the EPA 
is proposing that the following specific HAP be regulated under the 
proposed NESHAP: formaldehyde, methanol, phenol, xylenes (isomers and 
mixtures), toluene, o-Cresol, m-Cresol, p-Cresol, ethylene glycol, 
styrene, methyl ethyl ketone, ethyl benzene, naphthalene, cresol/
cresylic acid (isomers and mixtures), glycol ethers, diethanolamine, 
aniline, methyl isobutyl ketone, acrylamide, biphenyl, and dimethyl 
formamide.

B. Selection of Emission Points

    Emissions from the production of amino/phenolic resins were 
identified as occurring from storage vessels, continuous process vents, 
batch process vents, heat exchange systems, wastewater, and equipment 
leaks. Batch process vents are distinguished as being reactor batch 
process vents or non-reactor batch process vents. The EPA is proposing 
standards for all of these types of emission points in the proposed 
rule.
    Non-reactor batch process vents include, but are not limited to, 
filter presses, batch drying operations, weigh tanks, holding tanks, 
distillation systems, and flaking belt operations. Many facilities did 
not report the presence of non-reactor batch process vents, but the EPA 
judged that all facilities had some number of these types of batch 
process vents. Because of the discrepancy within the gathered data, the 
EPA judged that including non-reactor batch process vents with reactor 
batch process vents in the development of the MACT floor could result 
in a level of control for non-reactor batch process vents that was not 
representative of the controls present at existing sources. A primary 
factor in making this judgment was the fact that only three of the best 
performing 5 facilities, in terms of reactor batch process vent 
control, reported non-reactor batch process vents.
    In addition, because heat exchange systems have been identified as 
a potential source of emissions, the EPA judges that proposing a 
standard to cover this emission point is warranted. However, the EPA is 
not aware if any heat exchange systems exist in the amino/phenolic 
resin industry and would like to solicit comments from interested 
persons on this subject. The request for comment on heat exchange 
systems is discussed in Section VI of this preamble.

C. Determination of the Proposed Standards

    The sections below present the rationale for determining MACT 
floors by emission point, regulatory alternatives beyond the MACT 
floor, alternative standards (Section C.7) and action taken to address 
predicted adverse economic impacts to small businesses (Section C.8). 
Heat exchange systems are not discussed in this section because no MACT 
floor determination was made. A more detailed explanation of the 
development of the proposed standards is set forth in the Basis and 
Purpose Document (BPD), which supplements this preamble and is 
available from the docket.
1. Storage Vessels
    The MACT floor for existing sources for categories with 30 or more 
sources is based on ``the average emission limitation achieved by the 
best performing 12 percent of the existing sources (for which the 
Administrator has emission information).'' (CAA section 112(d)(3)) 
Here, the ``source'' is the amino/phenolic resin facility. Because EPA 
has emissions information for 40 amino/phenolic resins facilities that 
are major sources, the best performing 12 percent of existing sources 
is represented by the best performing 5 facilities. The best performing 
5 facilities were selected based on the same approach as used in 
developing the MACT floor for storage vessels under the HON. 
Applicability criteria and control levels for the MACT floor were also 
developed using the HON approach.
    For existing sources, the HON approach determines whether or not 
there is control at the MACT floor by considering the overall control 
status of each facility independently, judging each facility as 
controlled or uncontrolled based on a predominance of controlled or 
uncontrolled storage vessels. For example, if 8 out of 10 storage 
vessels are controlled at a given facility, the overall control status 
of that facility is ``controlled.'' Next, the HON approach looks at a 
predominance of the best performing 5 facilities. For example, if at 
least 3 out of the 5 facilities are considered ``controlled,'' a MACT 
floor of control is considered to exist. Table 3 presents a summary of 
the number of uncontrolled and controlled storage vessels at each of 
the best performing 5 facilities and presents the HON approach finding 
that the existing source MACT floor is ``controlled.''

                                                                  Table 3.--Storage Vessels at the Best Performing 5 Facilities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                  Control         Emissions
                                                                                                                    Vapor       Size                              device   ---------------------
              No. tanks                       Company                  Location                 Chemical          pressure     (gal)            Control         efficiency   Uncont.   Cont.  Mg/
                                                                                                                   (psia)                                         percent     Mg/yr        yr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
5 tks...............................  Borden.................  Fayetteville, NC.......  aqueous formaldehyde...      0.47       55,000  Scrubber..............          50        912        456
15 tks..............................  Borden.................  Fayetteville, NC.......  aqueous formaldehyde...      0.47       16,000  Scrubber..............          50        812        406

[[Page 68842]]

 
2 tks...............................  Borden.................  Fayetteville, NC.......  phenol.................     <0.01       25,000  None..................           0        260        260
1 tk................................  Borden.................  Fayetteville, NC.......  methanol distillate....      1.63       30,000  None..................           0         73         73
1 tk................................  Borden.................  Fayetteville, NC.......  methanol distillate....      1.63       20,000  None..................           0         49         49
1 tk................................  Borden.................  Fayetteville, NC.......  aqueous formaldehyde...      0.47       10,000  Scrubber..............          50         33         16
8 tks...............................  Borden.................  Louisville, KY.........  aqueous formaldehyde...      0.47       20,000  Scrubber..............          50        704        352
2 tks...............................  Borden.................  Louisville, KY.........  distillate.............      1.63       20,300  None..................           0        695        695
3 tks...............................  Borden.................  Louisville, KY.........  phenol.................     <0.01       20,300  None..................           0        500        500
1 tk................................  Borden.................  Louisville, KY.........  ethylene glycol........     <0.01       20,000  None..................           0          1          1
1 tk................................  Borden.................  Louisville, KY.........  toluene................      0.71        4,500  None..................           0          1          1
1 tk................................  Cytec..................  Wallingford, CT........  methanol distillate....      1.63       20,000  None..................           0       2981       2981
1 tk................................  Cytec..................  Wallingford, CT........  methanol distillate....      1.63       11,600  None..................           0       2865       2865
1 tk................................  Cytec..................  Wallingford, CT........  methanol distillate....      1.63       15,000  None..................           0       2865       2865
1 tk................................  Cytec..................  Wallingford, CT........  methanol...............      2.45       50,000  Scrubber..............          95        946         47
1 tk................................  Cytec..................  Wallingford, CT........  methanol...............      2.45       50,000  Scrubber..............          95        946         47
1 tk................................  Cytec..................  Wallingford, CT........  methanol wash..........      2.45       10,159  Scrubber..............          95        625         31
1 tk................................  Cytec..................  Wallingford, CT........  recovered methanol.....      2.45       10,000  None..................           0        600        600
1 tk................................  Cytec..................  Wallingford, CT........  methyl formcel.........      0.45       90,000  Scrubber..............          95        452         23
1 tk................................  Cytec..................  Wallingford, CT........  methanol wash..........      2.45       10,159  Scrubber..............          95        222         11
1 tk................................  Cytec..................  Wallingford, CT........  xylene.................      <1.5       15,000  None..................           0         70         70
1 tk................................  Cytec..................  Wallingford, CT........  aqueous formaldehyde...      0.15       90,000  Scrubber..............          95         32          2
1 tk................................  Simpson Timber.........  Portland, OR...........  aqueous formaldehyde...      0.47       47,972  Scrubber..............          85       1420        213
1 tk................................  Simpson Timber.........  Portland, OR...........  methanol...............      1.93       80,926  None..................           0        280        280
1 tk................................  Simpson Timber.........  Portland, OR...........  phenol.................     <0.01       51,702  None..................           0        160        160
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The capacity values (size in gallons) apply separately to each storage vessel, while the uncontrolled and controlled emissions (lb/yr) apply collectively to the group of storage vessels
  for that specific facility.

    The HON approach expresses applicability criteria in terms of vapor 
pressure and storage vessel capacity cutoffs. Once a finding of 
``controlled'' is made for the MACT floor, vapor pressure and capacity 
cutoffs are developed that include those storage vessels at the 
baseline that are controlled and exclude storage vessels that are 
uncontrolled at the baseline. More than one set of vapor pressure and 
storage vessel capacity cutoffs may be developed, as was the case for 
the existing source MACT floor. The following applicability criteria 
were developed:

aqueous formaldehyde: 10,000 gallons capacity with vapor 
pressure 0.47 psia
Non-aqueous formaldehyde: 10,160 gallons capacity with vapor 
pressure 2.45 psia; and 90,000 gallons capacity 
with vapor pressure 0.45 psia.

Two sets of criteria were developed because the storage vessels in the 
best performing 5 facility data set naturally lend themselves to 
division based on the material stored (i.e., aqueous formaldehyde or 
other materials), and because the HON approach requires that storage 
vessels that are not controlled at the baseline be excluded by the 
applicability criteria.
    The MACT floor is established based on the control levels at the 
baseline. Of the best performing 5 facilities, there are a total of 36 
controlled storage vessels of which 6 are controlled to 95 percent, 1 
is controlled to 85 percent, and 29 are controlled to 50 percent. The 
median and mode, which is 50 percent, was chosen to represent the MACT 
floor control level.
    The MACT floor for new sources is set by the best controlled 
source. Using the HON approach for new sources, the best controlled 
source (here, the best controlled amino/phenolic resin facility) is 
identified based on the absolute number of storage vessels controlled.
    The Borden, Fayetteville facility is the best controlled source 
based on absolute number of storage vessels controlled. However, the 
only controlled storage vessels are aqueous formaldehyde storage 
vessels and this leaves storage of other raw materials (i.e., non-
aqueous formaldehyde) unaddressed. The Cytec, Wallingford facility is 
the next best controlled facility based on the absolute number of 
storage vessels controlled and includes other raw materials among the 
controlled vessels. The Borden, Fayetteville facility is the best 
controlled facility for aqueous formaldehyde storage vessels, and the 
Cytec, Wallingford facility is the best controlled facility for non-
aqueous formaldehyde storage vessels. Therefore, separate floors were 
set for aqueous formaldehyde and non-aqueous formaldehyde storage 
vessels.
    Like the process for existing sources, vapor pressure and capacity 
cutoffs were developed that include those storage vessels that are 
controlled at baseline and exclude storage vessels that are 
uncontrolled at baseline. The storage vessels at the Borden, 
Fayetteville facility were used to develop the aqueous formaldehyde 
criteria, and the storage vessels at the Cytec, Wallingford facility 
were used to develop the non-aqueous formaldehyde criteria. The 
following storage vessel applicability criteria were developed:

Aqueous formaldehyde:  10,000 gallons capacity with vapor 
pressure  0.47 psia.
Non-aqueous formaldehyde  10,160 gallons capacity with vapor 
pressure  2.45 psia; and  90,000 gallons capacity 
with vapor pressure  0.45 psia.

    The applicability criteria for existing and new sources are 
coincidentally the same because of the large number of storage vessels 
at the Borden, Fayetteville facility.
    The control level for the new source MACT floor is established 
based on the control levels at the best controlled facility. For 
aqueous formaldehyde storage vessels, the best controlled facility is 
the Borden, Fayetteville facility. For non-aqueous formaldehyde storage 
vessels, the best controlled facility is the Cytec, Wallingford 
facility.
    The aqueous formaldehyde storage vessels at the Borden, 
Fayetteville facility are all controlled to 50 percent. Therefore, the 
MACT floor for aqueous

[[Page 68843]]

formaldehyde storage vessels is 50 percent. At the Cytec, Wallingford 
facility some non-aqueous formaldehyde storage vessels are controlled 
and some are not controlled. The applicability criteria presented above 
separate the controlled tanks from the uncontrolled tanks. All of the 
controlled tanks are controlled to 95 percent. Therefore, the MACT 
floor for non-aqueous formaldehyde storage vessels is 95 percent.
2. Continuous Process Vents
    The available data indicate that only three facilities had 
continuous process vents and only one of the three facilities had 
applied controls. The only continuous process vents identified by the 
available data were dryer vents.
    The MACT floor for existing sources is set by the average 
performance achieved by the best performing 12 percent of existing 
sources. Here, the amino/phenolic resin facility is the ``source.'' 
Because there are 40 amino/phenolic resin facilities in the source 
category for which EPA has emissions information, the best performing 
12 percent of existing affected sources is represented by the best 
performing 5 facilities. Because only one facility was identified as 
controlling its continuous process vents, the MACT floor for existing 
sources is no control.
    The MACT floor for new sources is set by the best controlled 
source. The best controlled amino/phenolic resin facility has a 
scrubber with an 85 percent control efficiency. Therefore, the MACT 
floor level of control is 85 percent for continuous process vents that 
meet the applicability criterion. The applicability criterion chosen to 
represent the specific continuous process vents that are controlled at 
the MACT floor is the HON total resource effectiveness (TRE) equation 
for a thermal incinerator with 70 percent heat recovery. This 
applicability criterion was selected because the HON process vent 
provisions were relied upon for part of the standard and using the same 
applicability criterion to define the MACT floor provides a consistent 
approach for the rule.
    The expression of applicability criteria is limited to the TRE 
equation for a thermal incinerator with 70 percent heat recovery 
because there was only one set of vent stream data, which did not allow 
the EPA to evaluate a range of stream conditions that were controlled 
versus those that were not controlled. This TRE value of 1.2 was 
calculated using the vent stream data for the continuous process vents 
setting the 85 percent MACT floor.
3. Batch Process Vents
    As indicated in Section IV, batch process vents were distinguished 
as reactor batch process vents or non-reactor batch process vents for 
the purposes of the proposed rule. Reactor and non-reactor batch 
process vents are discussed separately in this section.
Reactor Batch Process Vents
    The MACT floor for existing sources is set by the average 
performance achieved by the best performing 12 percent of existing 
sources. Here, the ``source'' is the amino/phenolic resin facility. 
Because there are 40 amino/phenolic resin facilities in the source 
category for which EPA has emissions information, the best performing 
12 percent of existing sources is represented by the best performing 5 
facilities. Each of the best performing 5 facilities had applied 
secondary controls to each of their reactor batch process vents; this 
fact necessitates that the proposed rule require control of all reactor 
batch process vents with no applicability criteria. Table 4 presents 
the data for the best performing 5 facilities in terms of reactor batch 
process vent controls.

                       Table 4.--Best performing Facilities for Reactor Batch Process Vents based on Applied Secondary Controls a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Production of          Collocated with                             Emission factor (lb
             Facility                    Type of resin       methylated resins (N   formaldehyde plant (Y/    Secondary controls        HAP/1000 lb
                                                                  or percent)                 N)                                        production)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ranbar............................  P                       N                       N                       thermal incinerator    0.84
                                                                                                             (95 percent).
Georgia Pacific, Taylorsville, MS.  A/P                     N                       Y                       catalytic incinerator  0.01
                                                                                                             (95 percent).
Georgia Pacific, Port Wentworth,    A/P                     5-10%                   N                       caustic treatment (93  0.017
 GA.                                                                                                         percent).
Borden, Louisville, Ky............  P                       N                       Y                       scrubber (90 percent)  CBI b
Solutia, Addyston, OH.............  A                       100%                    N                       scrubber (85 percent)  CBI b
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The data on this table is restricted to the 17 facilities that were contacted during the recent data gathering effort.
b CBI means Confidential Business Information.

    The data set used for determining the MACT floor was limited to the 
17 facilities for which the 1992 ICR responses indicated that secondary 
controls had been applied to reactor batch process vents. These 
facilities were contacted via telephone during 1997 and were asked a 
series of questions in order to clarify the data that were reported in 
the 1992 ICR responses. Some of the topics that were covered during the 
teleconferences included the presence and purpose of a primary 
condenser, emissions before and after the primary condenser, efficiency 
of the primary condenser and secondary control devices, whether the 
facility was collocated with a formaldehyde plant, and whether the 
facility produced methylated resins.
    In considering the best performing 5 facilities based on applied 
secondary controls, the data were evaluated to determine if the 
collocation with formaldehyde plants or the production of methylated 
resins influenced the application of secondary controls, specifically 
the use of combustion devices. No patterns emerged. One combustion 
device is at a phenolic producer (Ranbar) that does not produce any 
methylated resins and is not collocated with a formaldehyde plant. The 
other combustion device is at an amino/phenolic producer (Georgia 
Pacific, Taylorsville) that does not produce any methylated resins and 
is collocated with a formaldehyde plant.
    In addition, the data were evaluated for patterns of applied 
secondary controls versus the production capacity of facilities. Again, 
no patterns emerged. One combustion device is located at a 816 Mg/yr 
producer (Ranbar), and the other combustion device is located at a 
69,853 Mg/yr producer (Georgia Pacific, Taylorsville). These production 
capacities are typical small and large facilities, respectively.
    In conclusion, because of the good distribution of methylators and 
non-methylators, facilities collocated with formaldehyde plants and 
those not, and amino only, phenolic only, and amino/

[[Page 68844]]

phenolic producers within the best performing 5 facilities, the best 
performing 5 facilities were considered representative of the industry.
    The EPA considered two options for the MACT floor. The options 
considered included selecting the percent reduction for the median 
facility or averaging the percent reduction values for the best 
performing 5 facilities, and then determining the alternate kilogram of 
HAP per megagram of product emission limit in a similar manner. The 
option selected uses the median facility for establishing the percent 
reduction and the alternate emission limit. The Georgia Pacific, Port 
Wentworth facility represents the median facility of the best 
performing 5. Using the percent reduction value and the emission factor 
for this facility, the MACT floor was selected as 93 percent emission 
reduction with an alternative emission limit of 0.017 kilogram of HAP 
per megagram of product.
    The option of averaging the percent reductions for the best 
performing 5 facilities was not selected because providing the 
corresponding alternate emissions limit would require averaging the 
emissions factors for the best performing 5 facilities. Because the 
emission factor for Ranbar (0.84 kilogram of HAP per megagram of 
product) is much higher than would be expected for a facility with a 
combustion device, the EPA judged that this approach would not provide 
a reasonable alternative emissions limit.
    The MACT floor for new sources is set by the best controlled source 
(here, the best controlled amino/phenolic resin facility). In selecting 
the best controlled facility, the Ranbar and Georgia Pacific, 
Taylorsville facilities were considered as equally controlled. Because 
the emission factor for the Ranbar facility is judged to be 
exceptionally high considering the reported secondary controls, the 
Georgia Pacific, Taylorsville facility was selected as the best 
controlled facility. Therefore, the MACT floor for reactor batch 
process vents at new affected sources was selected as 95 percent 
emission reduction with an alternative emission limit of 0.01 kilogram 
of HAP per megagram of product.
Non-Reactor Batch Process Vents
    The MACT floor for existing sources is set by the average 
performance for the best performing 12 percent of existing sources. 
Here, the amino/phenolic resin facility is the ``source.'' Because 
there are 40 amino/phenolic resin facilities in the source category for 
which EPA has emissions information, the best performing 12 percent of 
existing sources is represented by the best performing 5 facilities. 
The best performing 5 facilities were selected based on the overall 
emission reduction achieved by for non-reactor batch process vents by 
each facility. All of the best performing 5 facilities had applied 
controls to some of their non-reactor batch process vents, and 2 of the 
best performing 5 facilities had applied controls to all of their non-
reactor batch process vents. This baseline control situation, and the 
limited data set available for the analysis, led the EPA to consider a 
single option for the development of existing source MACT floor based 
on achieving a specified emission reduction for the collection of non-
reactor batch process vents within the affected source. Based on the 
data presented in Table 5, an average facility-wide emission reduction 
value was calculated as 68 percent.

                                          Table 5.--Best Performing 5 Facilities For Non-Reactor Batch Process Vents Based on Overall Percent Reduction
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Uncont'd     Cont'd                         Primary
            Company                   Location        Emission point     Emission point       emis.       emis.      Primary control     device    Second. control    Second. device   Combined
                                                                           description        (tpy)       (tpy)          device          eff.%          device            eff.%          eff.%
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Schenectady....................  Rotterdam           E14               Weigh tank........      0.247       0.247   None..............         NR  None.
                                  Junction, NY.
Schenectady....................  Rotterdam           E5/E6             Separator Tank....     24.1         0.241   Condenser.........         NR  Scrubber.........  NR                     99.5
                                  Junction, NY.
Schenectady....................  Rotterdam           E7                Hold Tank.........     25.2         0.252   Condenser.........         99  None.............  NR                     NR
                                  Junction, NY.
Schenectady....................  Rotterdam           E4                Holding Tank......     12.1        12.1     None..............  .........  None.
                                  Junction, NY.
Schenectady....................  Rotterdam           E15/E16           Mix Tank Unit.....      7.31        0.3654  Condenser.........         NR  Scrubber.........  NR                     95
                                  Junction, NY.
Schenectady....................  Rotterdam           E20               Separator Unit....     21.7         0.11    Condenser.........         NR  Scrubber.........                         99.5
                                  Junction, NY.
Schenectady....................  Rotterdam           E19               Hold Tank.........      6.76        0.879   Condenser.........         87  None.
                                  Junction, NY.
Schenectady....................  Rotterdam           E21               Recycle System....      0.182       0.182   None..............             None.
                                  Junction, NY.
Schenectady....................  Rotterdam           E22/E23           Recycle Tank......      2.31        0.0231  Condenser.........         99  None.
                                  Junction, NY.
Schenectady....................  Rotterdam           E24               Flaking belt......      5.67        2.84    Scrubber..........         NR  None.
                                  Junction, NY.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Overall Emission Reduction for non-reactor batch process vents is 83.7 percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Borden.........................  Louisville, KY....  E1A               Weigh Tank/Fixed        0.25        0.12    Scrubber..........         90  None.
                                                                        Roof.
Borden.........................  Louisville, KY....  E2A               Weigh Tank/Fixed        0.5         0.05    Scrubber..........         90  None.
                                                                        Roof.
Borden.........................  Louisville, KY....  E8                Recovery (phenol).      0.004       0.004   None..............             None.

[[Page 68845]]

 
Borden.........................  Louisville, KY....  E11               Cooling & Flaking.      0.005       0.005   Scrubber..........         90  None.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Overall Emission Reduction for non-reactor batch process vents is 77 percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dynachem.......................  Georgetown, IL....  E9                Weigh Tank........      0.25        0.075   Scrubber..........         72  None.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Overall Emission Reduction for non-reactor batch process vents is 70 percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Solutia........................  Addyston, OH......  E3                Methanol weigh          0.81        0.81    Vapor balance.....         NR  None.
                                                                        tank.
Solutia........................  Addyston, OH......  E4                Formaldehyde weigh      0.014       0.014   None..............  .........  None.
                                                                        tank.
Solutia........................  Addyston, OH......  E7                Distillation            1.44        0.22    Scrubber..........         85  None.
                                                                        Overhead Tank.
Solutia........................  Addyston, OH......  E6                Distillation Feed       0.261       0.039   Scrubber..........         85  None.
                                                                        Tank.
Solutia........................  Addyston, OH......  E8                Distillation            0.352       0.053   Scrubber..........         85  None.
                                                                        Bottom Tank.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Overall Emission Reduction for non-reactor batch process vents is 60.5 percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Borden.........................  Fayetteville, NC..  E2                Weigh Tank........      0.084       0.042   Scrubber..........         50  None.
Borden.........................  Fayetteville, NC..  E2                Weigh Tank........      0.264       0.132   Scrubber..........         50  None.
Borden.........................  Fayetteville, NC..  E2                Weigh Tank........      0.209       0.1045  Scrubber..........         50  None.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Overall Emission Reduction for non-reactor batch process vents is 50 percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Facility-wide uncontrolled emissions from non-reactor batch process 
vents were chosen as the applicability criteria, because it was the 
only available data, and because the EPA judged that the applicability 
criteria, like the control level, should be an overall value as opposed 
to an individual process vent specific value. The uncontrolled 
emissions cutoff of 0.23 Mg/yr (0.25 tpy) represents the smallest 
facility-wide uncontrolled emissions from non-reactor batch process 
vents for a facility in the best performing 5. The smallest value was 
selected to ensure that all the facilities included in setting the MACT 
floor would be represented by the applicability criteria.
    Putting together the control level and applicability criteria, the 
MACT floor for non-reactor batch process vents at existing sources 
requires an overall emissions reduction of 68 percent for the 
collection of non-reactor batch process vents within the source for 
sources with uncontrolled emissions from the collection of non-reactor 
batch process vents greater than or equal to 0.23 Mg/yr (0.25 tpy).
    The MACT floor for new sources is set by the best controlled 
source. Using the overall emission reduction for a facility approach, 
the best controlled facility achieves an overall emission reduction of 
83.7 percent; this value was rounded down to 83 percent.
    The CAAA states that existing source MACT can be less stringent 
than new source MACT. By implication, new source MACT cannot be less 
stringent than existing source MACT. Therefore, the uncontrolled 
facility-wide emissions cutoff of 0.23 Mg/yr (0.25 tpy) was used 
because the uncontrolled emissions at the best controlled facility are 
96 Mg/yr (106 tpy). If the value of 96 Mg/yr (106 tpy) were used, the 
new source standard would be less stringent than the existing source 
standard. Therefore, the MACT floor for non-reactor batch process vents 
at new sources requires an overall emissions reduction of 83 percent 
from the collection of non-reactor batch process vents within the 
source for sources with uncontrolled emissions from the collection of 
non-reactor batch process vents greater than or equal to 0.23 Mg/yr 
(0.25 tpy).
4. Wastewater Streams
    The MACT floor for existing and new sources is based on controls at 
baseline. No facilities that are major sources were identified as 
controlling their wastewater. Therefore, the MACT floor for existing 
and new sources is no control.
5. Equipment Leaks
    The MACT floor for existing sources is set by the average 
performance for the best performing 12 percent of existing sources. 
Here, the amino/phenolic resin facility is the ``source.'' Because 
there are 40 amino/phenolic resin facilities in the source category for 
which EPA has emissions information, the best performing 12 percent of 
existing sources is represented by the best performing 5 facilities. 
The only source identified as having a leak detection and repair (LDAR) 
program subject to local, State, or Federal regulations is Solutia's 
Springfield, MA, facility. A number of other facilities have been 
identified as having a maintenance-type LDAR program. These 
maintenance-type programs are likely to be less effective at reducing 
emissions than the LDAR program in place at the Solutia, Springfield 
facility. Unfortunately, no information is available to quantify the 
emission reduction being achieved from these maintenance-type programs. 
Therefore, the average of the best performing 5 facilities cannot be 
defined at this time, and the MACT floor for equipment leaks for 
existing sources is considered to be no control.
    The MACT floor for new sources is set by the best controlled source 
(here, the

[[Page 68846]]

best controlled amino/phenolic resins facility). As noted in the 
previous paragraph, only one affected source has been identified as 
having a LDAR program as the result of local, State, or Federal 
regulations, while others have a maintenance-type LDAR program. 
Therefore, the MACT floor for new affected sources is represented by 
the LDAR program at the Solutia, Springfield facility.
6. Regulatory Alternatives Beyond the MACT Floor
    This section discusses the regulatory alternatives beyond the MACT 
floor that were evaluated for each of the six emission points where 
applicable.
    The MACT floor for storage vessels at existing sources was 
identified as 50 percent. The MACT floor for storage vessels at new 
sources was identified as 50 percent for aqueous formaldehyde storage 
vessels and 95 percent for non-aqueous formaldehyde storage vessels. 
For those storage vessels with a 50 percent emission reduction MACT 
floor, the EPA judged that the incremental emission reductions and 
costs would result in an incremental cost effectiveness value that was 
unacceptable. This judgment was based on the small incremental emission 
reduction that would be achieved versus the large incremental cost in 
moving from a Scrubber to a combustion device. Although the change in 
percentage from 50 percent to 95 percent appears to be significant, the 
low level of HAP emitted from the storage vessels in this source 
category would yield a small incremental emission reduction being 
achieved.
    The HON process vent provisions were evaluated as a regulatory 
alternative beyond the MACT floor for continuous process vents. 
Evaluation of the available data indicated that none of the continuous 
process vents for which data were available would meet the HON TRE 
applicability criteria of 1.0. For existing sources, the TRE values 
ranged from 4.4 to 93.2. For new sources, the TRE values range from 1.2 
to 25.4.
    Based on the calculated TRE values, it is very unlikely that any 
continuous process vents at an existing source would be caught by the 
HON TRE applicability criteria. As the TRE values show (i.e., 4.4 to 
93.2), these types of continuous process vents are not cost-effective 
to control. Therefore, the HON process vent provisions were not 
selected as the regulatory alternative for existing sources.
    While the TRE values show that none of the continuous process vents 
considered in the analysis would be caught by the HON TRE applicability 
for new sources, the EPA judged that if a new source were to have a 
continuous process vent within the cost-effectiveness accepted by the 
EPA (i.e., with a TRE of 1.0 or less), it should be controlled. 
Therefore, a two-tiered approach, utilizing the MACT floor level of 
control for some continuous process vents and the HON provisions for 
other continuous process vents, was chosen as the regulatory 
alternative for new affected sources. The HON provisions were included 
in the selected regulatory alternative because it has been proven 
through past analyses that the HON provisions are a cost effective 
approach for controlling continuous process vents. A two-tiered 
approach was used because the MACT floor is more stringent than the 
HON; the MACT floor controls continuous process vents that the HON 
would not control.
    The proposed standard for continuous process vents at new sources 
utilizes the MACT floor level of control and the HON process vent 
provisions to establish a two-tiered standard. For continuous process 
vents with a TRE greater than 1.0 but less than 1.2, 85 percent 
emission reduction is required (i.e., MACT floor). For continuous 
process vents with a TRE value of 1.0 or less, 98 percent emission 
reduction is required (i.e., HON). For process vents with a TRE value 
greater than 1.2, controls are not required. TRE values are estimated 
using the TRE equations from the HON for a thermal incinerator with 70 
percent heat recovery.
    The proposed rule does not contain any requirements for the control 
of continuous process vents at existing sources.
    Because the MACT floor level of control for reactor batch process 
vents at existing sources was based on scrubbers with 93 percent 
control, the next step was to consider combustion controls as a 
regulatory alternative beyond the MACT floor. However, this option was 
not chosen, because the EPA judged that the incremental emission 
reductions and costs would result in an incremental cost effectiveness 
value that was unacceptable. This judgment was based on the small 
incremental emission reduction that would be achieved in moving from 
93% emission reduction to 95% or 98% emission reduction versus the 
large incremental cost in moving from a scrubber to a combustion 
device.
    Not enough information on beyond the MACT floor options for non-
reactor batch process vents was available to justify selecting a 
regulatory alternative beyond the MACT floor.
    A monitoring program to detect leaks from the process into the 
cooling water was selected as the standard for heat exchange systems. 
This monitoring program is the same as the HON program (subpart F).
    Because heat exchange systems have been identified as a potential 
source of emissions, the EPA judges that proposing a standard to cover 
this emission point is warranted. However, the EPA is not aware if any 
heat exchange systems exist in the amino/phenolic resin industry and 
would like to solicit comments from interested persons on this subject. 
The request for comment on heat exchange systems is discussed in 
Section VI of this preamble.
    The HON was considered as a regulatory alternative for both 
existing and new sources for wastewater streams. To evaluate the HON as 
a regulatory alternative, the available stream data were compared to 
the HON applicability criteria. No wastewater streams were affected by 
the HON existing source or new source applicability criteria. It should 
be noted that there were very little data available for wastewater 
streams and that for those streams for which data were available, the 
data were partial (i.e., indicating either wastewater flow or HAP 
concentration, but not both). However, based on the data, it appeared 
unlikely that a wastewater stream would be covered by the HON 
applicability criteria.
    The EPA conducted an analysis to determine if a wastewater stream 
that was covered at the limit of the applicability criteria (i.e., 
having just enough flow and just enough HAP concentration) would be 
cost effective to control. The results of this analysis were that cost 
effectiveness values ranged from $300 per ton of HAP removed to $41,100 
per ton of HAP removed. Based on these results, the EPA judged that the 
HON would be an acceptable regulatory alternative. However, the best 
available data do not indicate that any wastewater streams at existing 
affected sources will definitely require control. Without an indication 
that imposition of the HON wastewater standards would achieve any 
amount of emission reductions at existing sources, the EPA did not find 
the cost of the applicability analysis and recordkeeping and reporting 
requirements, which would be experienced regardless of whether or not a 
wastewater stream required control, to be justified. Therefore, 
wastewater streams at existing sources are not required to be 
controlled.
    However, the HON was chosen by the EPA as the standard for new 
sources.

[[Page 68847]]

The EPA believes that because new sources will already be required to 
characterize their emissions for the Title V permit application, the 
additional cost of the applicability analysis associated with the 
wastewater provisions would be acceptable given the potential for 
reducing emissions.
    For equipment leaks at existing sources, two regulatory 
alternatives were identified--(1) 40 CFR part 60, subpart VV and (2) 
the HON LDAR program under 40 CFR part 63, subpart H. For new sources, 
the regulatory alternative evaluated was the application of the HON 
LDAR program, because the MACT floor is equivalent to the subpart 
program.
    In conducting the regulatory analysis, there are several items that 
need to be identified to determine whether or not any of the regulatory 
alternatives are cost effective. First, component counts for each of 
the major sources need to be determined. Second, estimates of emissions 
and emission reductions need to be made. Third, the costs associated 
with the LDAR programs need to be estimated. The details of the methods 
used in the regulatory alternative analysis are presented in Chapter 6 
of the Basis & Purpose Document.
    Table 6 presents the results of the cost effectiveness analysis for 
both new and existing sources. As seen in Table 6, the average cost 
effectiveness of implementing the SOCMI Subpart VV LDAR program (i.e., 
a program equivalent to the MACT floor for new sources) from baseline 
at each of the amino/phenolic resin facilities is $4,207 per megagram 
of emission reduction. The average incremental cost effectiveness of 
implementing the HON LDAR program from baseline is $2,608 per megagram 
of emission reduction. The average incremental cost effectiveness of 
going from the SOCMI Subpart VV program to the HON program is $1,343 
per megagram of emission reduction.
    The EPA judged the cost effectiveness values associated with the 
HON LDAR program to be reasonable and, therefore, selected the HON LDAR 
program as the proposed standards for equipment leaks at both existing 
and new affected sources.

      Table 6.--Summary of Regulatory Analysis for Equipment Leaks
------------------------------------------------------------------------
                                                   SOCMI,
                     Item                        subpart VV      HON
------------------------------------------------------------------------
Emission Reduction from Baseline (Mg/yr)......         52.6        119.0
Costs ($).....................................      221,313      310,465
Cost Effectiveness ($/Mg).....................        4,207        2,608
Incremental Emission Reduction (Mg/yr)........  ...........         66.4
Incremental Costs ($).........................  ...........       89,152
Incremental Cost Effectiveness ($/Mg).........  ...........        1,343
------------------------------------------------------------------------

7. Alternative Standard
    The proposed rule would provide an alternative standard for storage 
vessels, continuous process vents, and batch process vents that are 
equipped with add-on control devices. The alternative standard requires 
that emissions from these types of emission points be vented to a 
control device that is continuously achieving an outlet concentration 
of 20 ppmv. For emissions points vented to such a control device, it is 
not necessary to calculate the percent reduction achieved by the 
control device. Any storage vessels, continuous process vents, or batch 
process vents not vented to such a control device are subject to the 
other control provisions in the proposed rule. All process vent and 
storage vessel emissions that are manifolded to a common control device 
are considered as one regulated entity under the alternative standard.
    As determined during the development of the HON, 20 ppmv is the 
physical limit that a combustion device can be expected to achieve. For 
purposes of the proposed rule, setting an alternative standard that is 
equivalent to the level achieved through combustion is equivalent to or 
more stringent than the MACT floors and the selected standards for the 
proposed rule.
    The alternative standard is included because the EPA believes that 
there will be a number of facilities and State regulators that will 
benefit from a regulatory alternative that encourages aggregating and 
treating emissions with a state-of-the-art common control device. The 
alternative standard included in the proposed rule can be applied to 
individual emission points that have emissions that are controlled with 
add-on control devices or to emission points that are manifolded 
together prior to treatment in an end-of-line control device (or series 
of devices).
8. Implementation of a 800 Megagram per Year Production Cutoff for 
Equipment Leaks
    In response to the prediction by the economic impacts analysis that 
5 facilities (3 small businesses) may experience a product line closure 
(see Section VII.F) based on implementing the standards described in 
Sections V.C.1 through V.C.6 of this preamble, the EPA reevaluated 
those areas where the selected standard was more stringent than the 
MACT floor (see Section V.C.6 of this preamble). The only emission 
point where the selected standard was more stringent than the MACT 
floor was equipment leaks. The EPA also evaluated those facilities 
predicted to experience adverse economic impacts. The EPA found that 4 
of these facilities, including the 3 facilities owned by small 
businesses, had the lowest actual annual production of all 40 major 
sources expected to be subject to the proposed rule, and the range of 
production values for these 4 facilities was distinctive from the fifth 
facility predicted to experience a product line closure. When the 
requirement to comply with the equipment leak provisions was removed 
from the 4 facilities with the lowest production values, a revised 
economic impacts analysis showed that predicted product line closures 
were reduced from a product line closure at 5 facilities to only 2 
facilities. These 2 facilities are comprised of 1 of the 4 facilities 
for which equipment leak costs were dropped and the fifth facility 
(i.e., the facility with production distinctive from the other 4 
facilities). Further, the two facilities still predicted to experience 
a product line closure were not owned by small businesses. Based on the 
results above, the EPA implemented an actual annual production cutoff 
of 800 megagrams per year for the equipment leaks requirements.
    The EPA took this action to mitigate adverse impacts to small 
businesses while staying within statutory requirements. The value of 
800 megagrams per year was selected based on inspection of the data and 
a sensitivity analysis. First, based on inspection of the data, all 4 
facilities reported actual annual production values less than 800 
megagrams per year. Second, a sensitivity analysis showed that when 
equipment leak costs were removed for the ``fifth facility,'' the 
economic analysis still predicted product line closure for this 
facility.

[[Page 68848]]

D. Selection of the Format of the Proposed Rule

    The proposed standards adopt the formats found in the HON for the 
following emission points: storage vessels, continuous process vents, 
wastewater, equipment leaks, and heat exchange systems. The Federal 
Register notice for the proposed HON (57 FR 62608; December 31, 1992) 
provides the rationale for the selection of the specific formats used 
in the final rule for the HON. Justification for use of a work practice 
standard for equipment leaks, as opposed to a numerical limit, is 
included in the HON rationale; such justification is required under 
Section 112(h) of the Clean Air Act Amendments. The EPA finds no reason 
for changing those formats and, therefore, has adopted the same formats 
for this proposed rule as have been promulgated for the HON.
    For batch process vents, three formats were selected. For reactor 
batch process vents, the proposed rule requires that emissions are 
reduced by a certain percent (i.e., 93 percent at existing sources and 
95 percent at new sources) over the batch cycle. As an alternative, the 
proposed rule allows a demonstration that emissions are limited to 
0.017 kilogram of HAP per megagram of product at existing sources or 
0.01 kilogram of HAP per megagram of product at new sources. For non-
reactor batch process vents, the proposed rule requires that the 
emissions from the collection of non-reactor batch process vents within 
the affected source are reduced by 68 percent at existing sources and 
by 83 percent at new sources. For sources with 0.23 Mg/yr (0.25 tpy) or 
more of uncontrolled emissions from the collection of non-reactor batch 
process vents within the source.
    For reactor batch process vents, the need to establish a format 
that considered the nature of batch process vent emissions and the 
limitations of control devices in achieving constant performance was a 
major factor in selecting the format of the standard. A percent 
reduction format is commonly used for process vents, as in the HON, 
however, requiring a constant emission reduction does not account for 
the emissions profile of a batch process vent. Therefore, as was done 
in the Batch Processes ACT, the selected format requires a percent 
reduction over the batch cycle. This allows the performance of a 
control device to fluctuate over the batch cycle. This format also 
allows an owner or operator to elect to control certain portions of the 
emissions and not control other portions. For example, if a batch 
process vent had a short period with a high emissions rate and longer 
periods with very low emissions rates, the selected format allows an 
owner or operator to over-control (i.e., achieve a percent reduction 
higher than that required in the standard) the short period of high 
emissions and not control or under-control the longer periods of low 
emissions.
    As an alternative to demonstrating a percent reduction for the 
batch cycle, an emission limit expressed as kilogram of HAP per 
megagram of product was selected as an alternative format. The 
alternative emission limit is included to provide flexibility and to 
avoid requiring sources with inherently low emissions to apply 
secondary controls, thereby encouraging pollution prevention 
activities.
    Similar to reactor batch process vents, establishing a format for 
non-reactor batch process vents required consideration of the nature of 
batch process vent emissions and the limitations of control devices in 
achieving constant performance. A primary factor in expressing the 
standard for non-reactor batch process vents as an overall emission 
reduction requirement was the limited data available to the EPA. As 
discussed earlier, the data available for the best performing 5 
facilities that were used in developing the MACT floor included two 
facilities that had all their non-reactor batch process vents 
controlled, and this situation, coupled with the lack of stream-
specific data, led the EPA to express the standard as an overall 
percent reduction for the collection of non-reactor batch process vents 
within an affected source.

E. Selection of Compliance and Performance Test Provisions

    Compliance and performance test provisions for the proposed rule 
are based on the HON, referring readers directly to the HON provisions. 
Because the rationale for the referenced HON provisions has been 
presented in detail in the proposal and promulgation preambles to the 
HON, it is not repeated here. However, specific test methods to be used 
have changed, and the rationale for the selected test methods is 
discussed below.
    Because of the specific HAP emitted by amino/phenolic resin 
facilities, the test methods specified in the HON are not completely 
adequate for the proposed rule. Specifically, formaldehyde is not 
adequately detected using either Method 18 or Method 25A of appendix A, 
40 CFR part 60. Therefore, the following test methods have been added 
specifically for formaldehyde: Methods 316 and 320. Method 316 is a 
manual method that was proposed with the Mineral Wool NESHAP (62 FR 
25370) and Method 320 is an FTIR-based method that was proposed with 
the Portland Cement NESHAP (63 FR 14181). Further, Method 18 does not 
always adequately detect methanol, and Method 308 has been included as 
an option for testing for methanol. The test methods identified above 
have been included in the proposed rule in order to ensure that 
compliance with the proposed rule can be accurately demonstrated. 
Without the formaldehyde specific test methods, a predominant HAP would 
not be detected during performance tests or estimation of emissions. 
While Method 18 is considered adequate for the measurement of methanol, 
more accurate measurements are possible with Method 308. Therefore, 
Method 308 has been included as an optional test method for methanol.
    The proposed rule specifies procedures to be followed when 
conducting performance tests, referring to the General Provisions of 
Subpart A as appropriate. One modification to the General Provisions 
testing procedures is that the proposed rule requires that all tests be 
conducted under maximum representative operating conditions; this term 
is defined in the rule. The intent of maximum representative operating 
conditions is for the owner or operator, within a specified time period 
and without rearranging production schedules, to conduct the test under 
the maximum HAP loading that the control device would experience. For 
example, if a control device receives emissions from three batch 
process vents and two of them frequently vent to the control device at 
the same time, testing should be conducted when at least two of the 
batch process vents are venting to the control device, as opposed to 
when only one is venting.
    Compliance with the batch process vent provisions is demonstrated 
by showing that for the batch cycle, if an individual reactor batch 
process vent is being controlled, or on an overall basis, if non-
reactor batch process vents are being controlled, the specified percent 
reduction is achieved. To demonstrate this, an emissions profile must 
be developed that identifies each batch emission episode included in 
the batch process vent and characterizes emissions from each batch 
emission episode on a mass emitted per unit time basis. Using this 
emissions profile, the owner or operator must demonstrate that the 
periods of under-control and over-control of emissions balance, and

[[Page 68849]]

the batch cycle percent reduction or the overall percent reduction is 
achieved.
    The procedures for demonstrating compliance with the percent 
reduction requirements are largely based on the promulgated Group IV 
Polymers and Resins NESHAP. The intention of the procedures is to allow 
owners or operators to select the optimum scenario for controlling the 
batch process vent(s) at their facility and to provide flexibility for 
an owner or operator to consider the nature of batch process vent 
emissions and the limitations of control devices in achieving constant 
performance. The following are examples of how the compliance 
demonstration procedures for percent reduction would work, first, for 
an individual reactor batch process vent and, second, for the 
collection of non-reactor batch process vents within an affected 
source.
    For an individual reactor batch process vent at an existing 
affected source, the proposed rule requires an owner or operator to 
reduce emissions by 93 percent for the batch cycle. For this example, a 
given reactor batch process vent has three batch emission episodes: 
charging, heating, and purging. Emissions from charging have a high 
flow rate and a high HAP concentration level. Emissions from heating 
have a very low flow rate and very low HAP concentration level. 
Emissions from purging have a moderate flow rate and moderate HAP 
concentration level. The owner or operator chooses to control the 
charging episode and the purging episode and to not control the heating 
episode. In this example, the two controlled batch emission episodes 
must be over-controlled to a level sufficient to offset not controlling 
the heating episode. In the final step of the compliance demonstration 
procedure (see Sec. 63.1417(e)(5)(iii) of the proposed rule), emissions 
at the outlet of the control device are subtracted from the sum of 
emissions from the uncontrolled episode and emissions at the inlet of 
the control device. This value is divided by the sum of emissions from 
the uncontrolled episode and emissions at the inlet of the control 
device, and this quotient is multiplied by 100 and compared to the 
required 93 percent reduction requirement.
    For the collection of non-reactor batch process vents at an 
affected source, a similar example can be described. In this example 
there are 10 non-reactor batch process vents, 7 with significant 
emissions and 3 with insignificant emissions. The owner or operator 
chooses to over-control (e.g., achieve 80 percent emission reduction 
instead of the required 68 percent) the 7 non-reactor batch process 
vents with significant emissions. Using the same equation as described 
above (see Sec. 63.1417(e)(5)(iii) of the proposed rule), the owner or 
operator demonstrates that periods of under-control and over-control 
balance, and the specified percent reduction is achieved for the 
collection of non-reactor batch process vents.
    For demonstrating compliance with the kilogram of HAP per megagram 
of product emission limits, the proposed rule requires that an owner or 
operator determine the monthly average emission rate (i.e., kilogram of 
HAP per megagram of product) each month and then calculate a rolling 
average to determine compliance with the emission limit. Estimates of 
emissions on a batch emission episode level are based on either direct 
measurement or other means specified in the proposed rule. Direct 
measurement is required when engineering assessment shows that 10 tons 
per year or more of HAP are emitted from an individual batch process 
vent. Once emissions have been characterized for a batch emission 
episode, monthly emissions are determined based on the number and type 
of batch emission episodes run during the month. Once emissions have 
been characterized for a batch emission episode using direct 
measurement or other means, the determined values can be used in 
estimating monthly emissions unless the owner or operator has reason to 
believe that the emissions estimate for a given batch emission episode 
is no longer valid.
    For the first 12 months of operation, the rolling average is 
determined based on all the available monthly averages. Beginning after 
the thirteenth month of operation, the rolling average is a 12-month 
rolling average based on the individual monthly averages for the 
preceding 12 months.

F. Selection of Parameter Monitoring Provisions

1. Enhanced Monitoring
    Section 114(a)(3) of the Act and Sec. 70.6(c) of the operating 
permit rule (57 FR 32251; 40 CFR 70.6(c)) require the submission of 
``compliance certifications'' from sources subject to the operating 
permit program. Section 114(a)(3) of the Act requires enhanced 
monitoring and compliance certifications of all major stationary 
sources. The annual compliance certifications certify whether 
compliance has been continuous or intermittent.
2. Background
    In general, the EPA recognizes two basic approaches to monitoring. 
One method is to establish monitoring as a direct measure of continuous 
compliance. Under this continuous compliance monitoring approach, an 
enforceable value of the monitored parameter is defined and measured. 
The Agency has adopted this approach in Part 63 standards, and is 
committed to following this approach whenever appropriate in future 
rulemakings. Another approach is to establish monitoring for the 
purpose of documenting continued operation of the control measures 
within ranges of specified indicators of performance (such as 
emissions, control device parameters, and process parameters) that are 
designed to provide a reasonable assurance of compliance with 
applicable requirements; indicating excursions from these ranges; and 
responding to the data so that excursions are corrected. This second 
approach is the basis of the Compliance Assurance Monitoring (CAM) 
rule, which applies to sources that are not currently subject to Part 
63 standards.
    When determining appropriate continuous compliance monitoring 
options, EPA considers the availability and feasibility of the 
following monitoring strategies in a ``top-down'' fashion: (1) 
Continuous emission monitoring systems (CEMS) for the actual HAP 
emitted, (2) CEMS for HAP surrogates (e.g., monitoring for the 
predominant HAP or total organic compounds as opposed to monitoring for 
all regulated HAP), (3) monitoring operating parameters, and (4) work 
practice standards. Thus, where available and feasible, the EPA 
specifies CEMS for the actual regulated compound(s) for continuous 
compliance monitoring. This option allows continuous compliance to be 
determined relative to the emission limit, just as short-term 
compliance is determined using a performance test. Where a CEMS for the 
regulated pollutant is not available or feasible, the EPA specifies 
monitoring a surrogate compound with a CEMS or monitoring an operating 
parameter that is critical to maintaining compliance performance. Only 
when these options are not feasible does EPA specify work practice 
standards as a means of ensuring continuous compliance.
    When a Part 63 rule specifies a surrogate pollutant CEMS or 
parameter monitoring for demonstrating continuous compliance, the rule 
includes specific limitations and averaging times for these alternative

[[Page 68850]]

situations. The surrogate pollutant or operating parameter limit 
becomes an enforceable limit for the rule. There is no requirement that 
an alternative limit, whether a surrogate pollutant or operational 
parameter, be statistically correlated with emissions or the compliance 
level of the regulated pollutant(s). The alternative limit is a 
separately enforceable requirement of the rule. The alternative limit 
is not secondary to the emission limit; rather, it is applied in lieu 
of a continuous emission limit obligation that would otherwise be 
measured with a CEMS.
    To address the potential disparity between CEMS for the actual HAP 
emitted and CEMS for HAP surrogate or operating parameter monitoring, 
there are two types of violations--violations of the emission limit and 
violations of operating limits. Exceedances of CEMS for the actual HAP 
are considered violations of the emission limit. Exceedances of CEMS 
for HAP surrogate or operating parameter monitoring are considered 
violations of an operating limit. Specifically speaking to the proposed 
rule, where a source is using an FTIR instrument to monitor compliance 
with the 20 ppmv alternative standard, an exceedance is defined as a 
violation of the emission limit. Where a source is monitoring an 
operating parameter for a control device (e.g., pH of the scrubber 
liquid), an exceedance is defined as a violation of the operating 
limit. An exception is that because the exit gas temperature of a 
condenser is so closely correlated with emissions, an exceedance of the 
condenser temperature monitoring range is considered a violation of the 
emission limit.
3. Specific Monitoring Requirements of this Subpart
    The proposed rule requires monitoring of HAP emissions and control 
and recovery device operating parameters. HAP emissions are monitored 
directly as part of complying with the kilogram of HAP emissions per 
megagram of product limits for reactor batch process vents or as part 
of the 20 ppmv alternative standard. Control device operating 
parameters are monitored as part of complying with the percent 
reduction requirements of the proposed rule.
    Exceptions to the requirement to conduct continuous parameter 
monitoring are that control devices controlling less than 1 ton per 
year of uncontrolled emissions are exempt, but must conduct a daily or 
per batch demonstration that the control device is operating properly. 
The EPA judged that control devices receiving such small amounts of 
emissions did not warrant the expense and paperwork burden of 
establishing parameter monitoring levels and conducting continuous 
parameter monitoring. The compliance demonstration procedure is subject 
to review by the Administrator. Another exception is that owners or 
operators of control devices serving storage vessels are not required 
to conduct parameter monitoring unless the owner or operator specifies 
continuous monitoring in the monitoring plan required by the referenced 
HON provisions. However, if a control device is used, the owners or 
operator must identify the appropriate monitoring procedures to be 
followed for compliance demonstration purposes. Further, if a control 
device serves both a storage vessel(s) and another emission point 
subject to the proposed rule, the control device is subject to 
continuous parameter monitoring if the other emission point is subject 
to continuous parameter monitoring.
    An owner or operator may apply to monitor alternate parameters. 
This provision has been included in previous rules and provides 
flexibility to the owner or operator who would like to monitor a 
parameter other than those identified in the rule.
    Parameter monitoring levels are established based on design 
evaluation for control devices with uncontrolled emissions less than 10 
tons per year; however, approval by the Administrator is required. The 
EPA judged that allowing a design evaluation for control devices 
receiving less than 10 tons per year of uncontrolled emissions was a 
reasonable balance between reducing burden and cost to the industry and 
protecting the environment. For all other control devices required to 
conduct continuous monitoring, parameter monitoring levels are 
established based on a performance test, but can be supplemented by 
manufacturer's recommendations and/or an engineering assessment. If the 
results of the performance test are supplemented by manufacturer's 
recommendations and/or engineering assessment, approval by the 
Administrator is required.
    The proposed rule requires the affected source to record daily 
average values for most monitored parameters. The daily averaging 
period was selected because the purpose of monitoring data is to ensure 
proper operation and maintenance of the control device. Because it 
often takes from 12 to 24 hours to correct a problem, this averaging 
period was considered to best reflect operation and maintenance 
practices. This averaging period therefore gives the owner or operator 
a reasonable period of time to take action. If a shorter averaging 
period (for example 3 hours) was selected, affected sources would be 
likely to have multiple excursions caused by the same operational 
problem because it would not be possible to correct problems in one 3-
hour period.
    For batch process vents, parameter averages may be either batch 
cycle daily averages or block averages. Using the same rationale as 
presented above for daily averages, batch cycle daily averages and 
block averages are included as options in the proposed rule so that 
monitoring can reflect operation and maintenance practices. The block 
is defined by the owner or operator and can be no longer than the batch 
cycle for a batch process vent. Using a block average would allow an 
owner or operator with a batch cycle that exceeds 24 hours to calculate 
parameter monitoring averages for the entire batch cycle, which is 
likely the most reflective period for observing the performance and 
operation of the control device. For batch cycles that are shorter than 
24 hours, the batch cycle daily average allows owners or operators the 
same benefits extended to control devices receiving emissions from 
continuous sources.

G. Selection of Recordkeeping and Reporting Requirements

    The general recordkeeping and reporting requirements of this 
subpart are very similar to those found in the HON. The proposed rule 
also relies on the provisions of subpart A of part 63. A table included 
in the proposed rule designates which sections of subpart A apply to 
the proposed rule.
    The proposed rule would require affected sources to submit the 
following reports: Precompliance Report; Notification of Compliance 
Status; Periodic Reports; and Other Reports. The purpose and contents 
of each of these reports are described in this section.
    The wording of the proposed rule requires all draft reports to be 
submitted to the ``Administrator''. The term Administrator is defined 
in Sec. 63.2 as ``the Administrator of the United States Environmental 
Protection Agency or his or her authorized representative.'' Thus, the 
term Administrator may include either the Administrator of the EPA, an 
EPA regional office, a State agency, or other entity that has been 
delegated the authority to implement the proposed rule. In most cases, 
reports will be sent to State agencies. Addresses are provided in 
subpart A of part 63.
    Records of reported information and other information necessary to

[[Page 68851]]

document compliance with the regulation are generally required to be 
kept for 5 years. A few records pertaining to equipment design would be 
kept for the life of the equipment.
1. Precompliance Report
    The Precompliance Report includes the following, as appropriate: 
compliance extension requests; requests to monitor alternative 
parameters; intent to use alternative controls; intent to use the 
alternative continuous monitoring and recordkeeping allowed by the 
rule; demonstration that the emissions estimation equations for batch 
process vents are not appropriate; and information related to 
establishing parameter monitoring levels, if required.
    These types of information are required prior to the compliance 
date to allow sufficient review time for the Administrator. To avoid 
delays caused by a lack of response from the Administrator, some items 
are considered approved if the Administrator does not respond within a 
given period of time.
2. Notification of Compliance Status
    The Notification of Compliance Status would be submitted 150 days 
after the affected source's compliance date. It contains the 
information necessary to demonstrate that compliance has been achieved, 
such as the results of performance tests, design analyses, and 
demonstrations of compliance (e.g., demonstration that the overall 
percent reduction for non-reactor batch process vents has been 
achieved).
    Affected sources with a large number of emission points are likely 
to be submitting results of multiple performance tests for each kind of 
emission point. For each test method used for a particular kind of 
emission point (e.g., a process vent), one complete test report would 
be submitted. For additional tests performed for the same kind of 
emission point using the same method, the results would be submitted, 
but a complete test report is not required. Results would include 
values needed to determine compliance (e.g., inlet and outlet 
concentrations, flowrates, percent reduction) as well as the values of 
monitored parameters averaged over the period of the test. The 
submission of one test report will allow the regulatory authority to 
verify that the affected source has followed the correct sampling and 
analytical procedures and has done calculations correctly. Complete 
test reports for other emission points may be kept at the plant rather 
than submitted. This reporting system was established to ensure that 
reviewing authorities have sufficient information to evaluate the 
monitoring and testing used to demonstrate compliance while minimizing 
the reporting burden.
    Information demonstrating that the specified percent reduction is 
being achieved for the batch cycle, if an individual reactor batch 
process vent is being controlled, or on an overall basis, if non-
reactor batch process vents are being controlled, is required. This 
information includes an emissions profile and a demonstration that the 
periods of under-control and over-control of emissions balance and the 
batch cycle percent reduction or the overall percent reduction is 
achieved.
    Another type of information to be included in the Notification of 
Compliance Status is the specific level for each monitored parameter 
for each emission point, and the rationale for why this level indicates 
proper operation of the control device. If this information has already 
been provided in the operating permit, it does not need to be repeated 
in the Notification of Compliance Status. As an example, for a batch 
process vent controlled by a scrubber, the site-specific liquid 
flowrate into or out of the scrubber, or the pressure drop across the 
scrubber, that will ensure proper operation of the scrubber is 
required. For control devices receiving 10 tons per year or more of 
uncontrolled emissions (i.e., large control devices), the parameter 
monitoring data from the performance test that supports the calculated 
parameter monitoring levels is required to be included in the 
notification. Further, if the owner or operator had chosen to 
supplement the results of the performance test with manufacturer's 
recommendations and/or engineering assessment, the rationale to support 
the specified parameter levels is required. For control devices 
receiving less than 10 tons per year of uncontrolled emissions (i.e., 
small control devices), a design evaluation that supports the parameter 
monitoring levels is required to be included in the notification.
    Finally, for control devices receiving less than 1 ton per year of 
uncontrolled emissions, the daily or per batch demonstration procedure 
that will be used to verify that the control device is operating 
properly is required.
3. Periodic Reports
    Periodic Reports are required to ensure that the standards continue 
to be met and that control devices are operated and maintained 
properly. Generally, Periodic Reports would be submitted semiannually, 
however, quarterly reports must be submitted in some instances.
    Periodic Reports specify periods when the values of monitored 
parameters are above the maximum or below the minimum established level 
specified in the Notification of Compliance Status or operating permit. 
For continuously monitored parameters, records must be kept of the 
parameter value recorded once every 15 minutes. If a parameter is 
monitored more frequently than once every 15 minutes, the 15-minute 
averages may be kept instead of the individual values. This requirement 
ensures that there will be enough monitoring values recorded to be 
representative of the monitoring period without requiring the affected 
source to retain additional data.
    For some types of emission points and controls, periodic (e.g., 
monthly, quarterly, or annual) inspections or measurements are required 
instead of continuous monitoring. For control devices receiving less 
than 1 ton per year of uncontrolled emissions, continuous monitoring is 
not required. Instead, a daily demonstration that the control device is 
working is required. Records that such inspections, measurements, or 
demonstrations were done must be kept; but results are included in 
Periodic Reports only if a problem is found. This requirement is 
designed to minimize the recordkeeping and reporting burden of the 
proposed rule.
4. Other Reports
    There are a very limited number of other reports. Where possible, 
the proposed rule is structured to allow information to be reported in 
the semiannual (or quarterly) Periodic Reports. However, in a few 
cases, it is necessary for the affected source to provide information 
to the regulatory authority shortly before or after a specific event. 
For example, notification prior to internal storage vessel inspections 
is required to allow the regulatory authority to have an observer 
present. Certain notifications and reports required by subpart A of 
part 63 must also be submitted.
5. Possible Alternative Recordkeeping Requirements
    The proposed rule requires affected sources to keep readily 
accessible records of monitored parameters. For those control devices 
that must be monitored continuously, records which include at least one 
monitored value for every 15 minutes of operation are considered 
sufficient. These monitoring records must be maintained for 5 years. 
However, there are some existing monitoring systems that might not 
satisfy these requirements. To comply

[[Page 68852]]

with the proposed rule, affected sources have the flexibility to 
request approval for the use of alternative recordkeeping systems under 
the proposed rule or under provisions of subpart A of part 63.

VI. Solicitation of Comments

    The EPA welcomes comments from interested persons on any aspect of 
the proposed rule, and on any statement in the preamble or the 
referenced supporting documents. The proposed rule was developed on the 
basis of information available. The EPA is specifically requesting 
factual information that may support either the approach taken in the 
proposed standards or an alternate approach. In order to receive proper 
consideration, documentation or data should be provided.
    Comments are specifically requested on several aspects of the 
proposed rule. These topics, grouped under the headings ``Batch Process 
Vents'' and ``Other Topics,'' are summarized below.

Batch Process Vents

Basis for the Percent Reduction for Batch Process Vent Standards
    Industry representatives have expressed concern with the adequacy 
of the batch process vent emissions and control device efficiency data 
available to the EPA for this rulemaking, and they have also expressed 
concern with how the available data have been used in developing a 
standard for reactor batch process vents. The EPA is requesting comment 
on these concerns and data to address this issue.
    Specific concerns with the data available to the EPA that have been 
expressed by industry representatives include the following. First, the 
data made available to the EPA through the 1992 Information Collection 
Request (ICR) responses are not based on emissions testing and are 
largely engineering estimates. It is the EPA's impression that 
emissions data provided in the 1992 ICR responses is sometimes an 
annualization of emissions from a single batch. Second, the basis for 
the control device efficiencies provided in the 1992 ICR responses are 
not described or qualified, and these data are also not based on 
testing and are largely engineering estimates. Industry representatives 
felt that many of the higher percent reduction levels reported in the 
1992 ICR responses would not be achievable over an extended period of 
time and that the reported values were likely maximum efficiencies.
    The primary concern expressed by the industry with how the data 
were used by the EPA in setting a standard for reactor batch process 
vents is that the available control device data, in large part, 
represent maximum efficiencies, and the EPA used those values to set a 
standard that must be averaged across the entire batch. More 
specifically, the owners of the facility which serves as the basis for 
the MACT floor for existing affected sources and subsequently the basis 
for the standard (Georgia Pacific) have stated that they cannot support 
the percent reduction value reported in the 1992 ICR response as being 
achievable by their facility. At the time the 1992 ICR response was 
prepared, no test data were available for this facility, and the 
reported data were based on engineering estimates.
    Regarding the alternative emission limit (i.e., kg of HAP per Mg of 
product) that accompanies the percent reduction standard, industry 
representatives stated that emissions per batch can vary for different 
batches of product. Therefore, when annual emissions, based on 
emissions from a single batch, are used to determine the alternative 
emission limit, the basis for the alternative emission limits is 
questionable.
    While hearing these concerns, the EPA judged that the rulemaking 
had to continue forward. The EPA used the best data available. It 
should be noted that this data was collected through Section 114 
surveys and was used only after several rounds of clarifying questions 
to better understand the data and improve it whenever possible. The EPA 
is very interested in any better data that can be provided by the 
limited number of companies that have applied secondary controls and 
will give it full consideration in developing the final standard.
    If further data is provided, the EPA requests specifics on the 
concerns and issues described above. The basis for compliance 
demonstration is presented in the preamble and the proposed rule. Data 
provided to address the concerns related to the percent reduction 
standard should express control device performance on the same basis 
that will be used for compliance demonstrations. For the alternative 
standard, emissions data provided by industry should account for the 
expected or typical annual production, thereby providing a more 
representative estimate of annual emissions. The source of data and the 
limitations on its use should be clearly described.
    The EPA anticipates receiving data on this topic only from 
facilities operated by 9 companies that are identified in docket item 
number II-B-12, Docket Number A-92-19, as having applied secondary 
controls. Because this solicitation of data is directed at 9 companies, 
and not an entire industry, the requirements of the Paperwork Reduction 
Act do not apply.
Separate Treatment of Reactor and Non-Reactor Batch Process Vents
    As defined in the proposed rule, reactor batch process vents are 
batch process vents originating from a reactor. Non-reactor batch 
process vents are batch process vents originating from a unit operation 
other than a reactor, and include, but are not limited to, batch 
process vents from filter presses, surge control vessels, bottoms 
receivers, weigh tanks, and distillation systems. All facilities 
reported the presence of reactor batch process vents. Although many 
facilities did not report the presence of non-reactor batch process 
vents, the EPA judged that all facilities had some number of these 
types of batch process vents because these unit operations are 
necessary to manufacture amino/phenolic resins. As described in Section 
V of this preamble, the EPA chose not to include non-reactor batch 
process vents with reactor batch process vents, primarily because 
development of a MACT floor regulating both types of batch process 
vents may not be representative of the control level at existing 
sources for non-reactor batch process vents.
    The EPA is requesting comment on treating reactor and non-reactor 
batch process vents separately. Further, the EPA is requesting 
additional data concerning the presence, emissions, and control status 
of non-reactor batch process vents at amino/phenolic resin process 
units.
Use of FTIR and Method PS-15
    The proposed rule provides an alternative emission limit for 
storage vessels, continuous process vents, reactor batch process vents, 
and non-reactor batch process vents that allow an owner or operator to 
vent these kinds of emissions points to a control device that 
continuously achieves an outlet concentration of 20 ppmv of organic 
HAP. The proposed rule requires that continuous compliance with this 
alternative emission limit be demonstrated through the use of an FTIR 
(Fourier Transform Infrared Spectroscopy) instrument and Method PS-15 
of 40 CFR part 60, appendix B. The EPA is requesting comment on this 
compliance demonstration procedure.
Methanol Emissions From Amino/Phenolic Resin Production
    A concern has been raised by industry related to the possibility 
that responses to the 1992 ICR did not include

[[Page 68853]]

emissions of methanol originating from the use of aqueous formaldehyde. 
If emissions of methanol were not included, it is possible that the 
alternative emission limits that accompany the percent reduction 
standard for reactor batch process vents may not be representative of 
actual emissions. The EPA is requesting data on this issue.
Use of Solvent-Based and Non-Solvent-Based Alternative Emission Limits
    The EPA considered proposing two alternative emission limits to 
accompany the percent reduction standards for reactor batch process 
vents, but, as explained in Section V of this preamble, the available 
data presented problems with this approach. The EPA is requesting 
comment on how the use of two alternative emission limits (i.e., one 
for solvent-based production and one for non-solvent-based production) 
could be implemented and is requesting the data required to implement 
such an approach.
    Based on the available data, the EPA considered implementing the 
two emission limit concept by declaring an affected source to be a 
solvent-based producer or non-solvent-based producer based on the total 
mass of product. Under the approach that was considered, if more than 
50 percent of the product is solvent-based, the affected source would 
be declared a solvent-based producer and would be required to meet the 
percent reduction standard or the solvent-based alternative emission 
limit. An alternative approach would be for an affected source to meet 
the solvent-based emission limit whenever it is producing a solvent-
based resin and to meet the non-solvent-based emission limit for all 
other production.
    The EPA is requesting non-confidential data (i.e., emissions and 
production data) that would allow the EPA to establish a solvent-based 
and non-solvent-based alternative emission limit. In regard to the 
alternative approach described above (i.e., meeting the solvent-based 
emission limit when producing solvent-based resins and meeting the non-
solvent-based emission limit otherwise) the EPA is particularly 
interested in receiving data that would distinguish emissions from the 
production of solvent-based resins versus emissions from the production 
of non-solvent-based resins.

Other Topics

Definitions of Amino and Phenolic Resin
    The EPA is requesting comment on the definitions included in the 
proposed rule for amino resin and for phenolic resin. [Note: while the 
proposed rule includes an administrative action to combine the amino 
and phenolic resin source categories into a single source category, the 
EPA believes that separate definitions for the two types of resins are 
required.] The EPA requests comments addressing whether or not products 
commonly considered by the industry to be amino or phenolic resins are 
included by the definitions and products commonly considered by the 
industry not to be amino or phenolic resins are excluded by the 
definitions.
Applicability Criteria Alternative for Storage Vessels
    During the analysis of the MACT floor for storage vessels, the EPA 
considered an alternative approach for developing the applicability 
criteria (i.e., description of which storage vessels require control) 
based on the approach used to develop storage vessel applicability 
criteria under the Pesticides NESHAP. This alternative approach results 
in the same control level requirement of 50 percent emission reduction 
for storage vessels at existing affected sources. For storage vessels 
at new affected sources, the control level would increase to 95 percent 
emission reduction. For storage vessels at existing affected sources, 
the alternative approach uses an uncontrolled emissions cutoff for the 
applicability criteria, determined to be 812 Mg/yr. Therefore, storage 
vessels at existing affected sources with uncontrolled emissions of 812 
Mg/yr or greater would be required to apply controls. For storage 
vessels at new affected sources, the alternative approach considers 
storage vessel capacity and uncontrolled emissions. For storage vessels 
at new affected sources, the alternative approach would require control 
for storage vessels with capacities of 10,150 gallons or greater with 
uncontrolled emissions of 222 lb/yr or greater.
    The EPA is requesting comment on this alternative approach. The 
alternative approach and the results described above are documented in 
more detail in docket item II-B-13, available in Docket Number A-92-19.
Heat Exchange Systems
    The EPA is requesting comment on the presence of heat exchange 
systems in this industry. The EPA has found heat exchange systems to be 
a potential source of emissions warranting controls. However, the EPA 
does not wish to regulate a type of equipment that is not present in 
the industry, and the EPA does not have adequate information to 
determine whether or not heat exchange systems are present at amino/
phenolic resin process units.

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

    This section presents the air, non-air environmental (wastewater 
and solid waste), energy, cost, and economic impacts resulting from the 
control of organic HAP emissions under the proposed rule.

A. Facilities Affected by These NESHAP

    The proposed rule would affect amino/phenolic resin facilities that 
are major sources in themselves, or that are located within a major 
source. Based on available information, 40 amino/phenolic resins 
facilities were judged to be major sources.
    Impacts are presented relative to a baseline reflecting the level 
of control in the absence of the rule. The current level of control was 
well understood because emissions and control data were collected on 
each facility included in the analysis. The estimation of impacts was 
determined for existing facilities only. Impacts for new facilities 
were not estimated because no new facilities are projected to be 
constructed.
    The impacts for existing sources were estimated by applying the 
controls necessary to bring each facility into compliance with the 
proposed standards. For a facility or emission point within a facility 
already in compliance with the proposed standards, no impacts were 
estimated for that facility or emission point.

B. Primary Air Impacts

    The proposed standards are estimated to reduce organic HAP 
emissions from all existing sources by 356 Mg/yr from a baseline level 
of 644 Mg/yr. This is a 55 percent reduction. Table 7 summarizes the 
organic HAP emission reductions for each of the emission points.

[[Page 68854]]



                Table 7.--Organic HAP Emission Reductions By Emission Point For Existing Sources
----------------------------------------------------------------------------------------------------------------
                                                                          Emissions
                                                            Baseline        after       Emission       Percent
                     Emission point                         emissions     proposed      reduction     reduction
                                                             (Mg/yr)     rule  (Mg/      (Mg/yr)      (percent)
                                                                             yr)
----------------------------------------------------------------------------------------------------------------
Reactor Batch Process Vents.............................         202.4          20.0         182.4          90.1
Non-reactor Batch Process Vents.........................         109.0          49.1          59.9          55.0
Continuous Process Vents................................         116.4         116.4           0             0
Storage Tanks...........................................          65.4          65.3           0.1           0.2
Wastewater..............................................           6.1           6.1           0             0
Equipment Leaks.........................................         144.6          30.6         114.0          78.8
                                                         -------------------------------------------------------
    Total...............................................         643.9         287.6         356.3          55.3
----------------------------------------------------------------------------------------------------------------

C. Non-air Environmental Impacts

    The proposed standards are not expected to increase the generation 
of solid waste at any amino/phenolic resin facility.
    The use of scrubbers to control emissions will increase water 
consumption as a result of evaporation and bleed-off. Bleed-off is the 
release of a small percentage of the recirculated scrubber water to 
control buildup or accumulation of scale, or other contaminates. 
Scrubbers designed to capture emissions from reactor and non-reactor 
batch process vents are small in size and should require less than 100 
gallons of bleed-off per day per reactor.
    Many of the HAP being controlled by scrubbers are water soluble, 
with very low evaporation rates once in water. Therefore, the EPA does 
not expect the HAP to be released from the scrubber wastewater at a 
point downstream from the scrubber.
    In general, the EPA expects the adverse impact of the wastewater 
generated by the scrubbers to be small to negligible. First, the HAP 
contained in the wastewater from the scrubber are very susceptible to 
being eaten by the various bacteria found in wastewater treatment 
plants. Thus, for those facilities that send or will send the scrubber 
wastewater to a wastewater treatment facility, there should be minimal 
adverse impacts.
    Some facilities may not be able to send their scrubber wastewater 
to a treatment facility. These facilities may be able to recycle all of 
the scrubber wastewater within the facility. From information gathered 
through site visits and telephone conversations with industry, the EPA 
determined that some facilities recycle wastewater containing the 
predominant HAP emitted by batch process vents (i.e., formaldehyde, 
methanol, and phenol). Three resin plants visited by the EPA collected 
and reused their wastewater. The recovered wastewater contains the raw 
materials used in the reactor process. Recycling wastewater into the 
resin manufacturing process reduces the quantities of raw materials 
required to be purchased, thus reducing costs. Based on telephone 
conversations with industry, one resin manufacturer uses a water pit to 
collect emissions from the reactor. Water is removed from the pit when 
the formaldehyde concentration reaches approximately three percent and 
is placed in a storage tank. The stored water is added to raw materials 
in the reactors to establish the proper viscosity at the beginning of a 
resin batch.
    In summary, the EPA expects that affected facilities will be able 
to either send the scrubber wastewater to a treatment facility or 
recycle the scrubber wastewater back into the process. Therefore, the 
use of scrubbers will result in minimal, if any, adverse wastewater 
impacts.

D. Energy Impacts

    Energy impacts include changes in energy use, typically increases, 
and secondary air impacts associated with increased energy use. 
Increases in energy use are associated with fuel for the operation of 
control equipment; in this case, the use of scrubbers to control 
reactor vents. Energy credits are attributable to the prevention of 
organic HAP emissions from equipment leaks. Secondary air impacts 
associated with increased energy use are the emission of particulates, 
sulfur dioxides (SOX), and nitrogen oxide (NOX). 
These secondary impacts are associated with power plants that would 
supply the increased energy demand. (For more information on the 
calculation of the estimated energy impacts, see the ``Estimated Energy 
and Secondary Air Impacts'' memorandum, Docket Item II-B-16.)
    As noted above, energy use is expected to increase due to the use 
of scrubbers to control reactor vents which would be used to comply 
with the proposed rule. The use of scrubbers is estimated to increase 
energy use by approximately 2,340 barrels of oil per year for the 40 
existing major sources. The emissions of secondary air pollutants from 
power plants supplying the power for this energy increase are estimated 
to be 3 Mg/yr of filterable particulate, 15 Mg/yr of SOX, 
and 0.3 Mg/yr of NOX.
    At the same time, the prevention of organic HAP emissions from 
equipment leaks generates energy credits. These energy credits are 
expected to be relatively small and have not been estimated.
    Energy impacts related to the control of storage vessels were 
estimated to be neglible (or zero) because many storage vessels would 
be controlled through the use of internal floating roofs, which do not 
have any associated energy impacts.
    As stated above, the use of scrubbers results in an increase of oil 
consumption per year for the 40 major existing sources. The net 
increase will be smaller due to the energy credits generated by the 
control of equipment leak emissions. Given the relatively small energy 
impact projected from the control of batch process vents, the EPA has 
judged the energy impacts associated with the proposed rule to be 
acceptable.

E. Cost Impacts

    Cost impacts include the capital costs of new control equipment, 
the cost of energy (supplemental fuel and electricity) required to 
operate control equipment, operation and maintenance costs, and the 
cost savings generated by reducing the loss of valuable product in the 
form of emissions. Also, cost impacts include the costs of monitoring, 
recordkeeping, and reporting associated with the proposed standards. 
Average cost effectiveness ($/Mg of pollutant removed) is also 
presented as part of cost impacts and is determined by dividing the 
annual cost by the annual emission reduction. Table 8 presents the 
estimated capital and annual costs and average cost effectiveness by 
existing affected sources. There are no estimated cost impacts for new 
facilities, because no new facilities are expected to be constructed.

[[Page 68855]]

    Under the proposed rule, it is estimated that total capital costs 
for existing sources would be $2,211,700 (1989 dollars), and total 
annual costs would be $2,502,800 (1989 dollars) per year. The use of 
1989 dollars in estimating the costs associated with the proposed 
standards was done in order to be consistent with the cost 
effectiveness decisions reached for setting the HON standards, which 
form the basis for most of the standards being proposed for the amino/
phenolic source category. The actual compliance cost impacts of the 
proposed rule may be less than presented because of the potential to 
use common control devices, to upgrade existing control devices, and to 
vent emissions streams into current control devices. Because the effect 
of such practices is highly site-specific and data were unavailable to 
estimate how often the lower cost compliance practices could be 
utilized, it is not possible to quantify the amount by which actual 
compliance costs would be reduced.

                                        Table 8.--Summary of Cost Impacts
----------------------------------------------------------------------------------------------------------------
                                                                     Total capital   Total annual   Average cost
                           Emission point                                costs          costs      effectiveness
                                                                        ($1,000)       ($1,000)        ($/Mg)
----------------------------------------------------------------------------------------------------------------
Reactor and Non-reactor Batch Process Vents........................       1,687          1,279            5,280
Continuous Process Vents...........................................           0              0               NA
Storage Tanks......................................................          31.6            8.8         88,000
Wastewater.........................................................           0              0               NA
Equipment Leaks....................................................         412.7          290.9          2,550
Monitoring, Recordkeeping, and Reporting, excluding equipment leaks          80            924.2             NA
                                                                    --------------------------------------------
    Total*.........................................................       2,211.7        2,502.8         7,024
----------------------------------------------------------------------------------------------------------------
*Totals may not sum due to rounding.

F. Economic Impacts

    An economic impact analysis for the proposed rule estimated the 
impacts to affected businesses in the amino/phenolic resins source 
category. Prices for products from the 20 businesses that operate the 
40 facilities affected by this rule are estimated to increase by 0.1 
percent for amino resin businesses and 0.1 percent for phenolic resin 
businesses. Output for these products are estimated to decrease by less 
than 0.1 percent for amino resin businesses and less than 0.1 percent 
for phenolic resin businesses. Revenues for the entire amino/phenolic 
industry are estimated to increase by slightly less than 0.1 percent, 
and this is due to the expected increase in product prices resulting 
from the proposed rule that will be experienced by amino/phenolic resin 
producers that are not affected by this rule. The level of employment 
in these industries is estimated to fall by about 1 percent based on 
estimates to adversely affected businesses only. Potentially, two 
facilities are expected to incur closures of product lines from costs 
associated with this proposed rule.
    A preliminary version of the economic impact analysis showed that 5 
affected resin product lines, 3 of them owned by small businesses, may 
cease operations as a result of implementation of the proposed NESHAP. 
As discussed in Section V.C.8 of this preamble, upon receiving these 
results, the Agency reviewed the available cost, economic, and other 
data on these affected businesses and facilities in order to develop a 
less burdensome proposed rule. An approach utilizing an actual annual 
production cutoff of 800 megagrams per year was developed and analyzed. 
After removal of the equipment leak requirements for 4 of the 5 
facilities originally predicted to cease operation, only 2 affected 
resin product lines were shown to potentially cease operations. Neither 
of these product lines were owned by small businesses. Therefore, the 
addition of this 800 megagram per year equipment leaks applicability 
cutoff leads to minimal adverse economic impacts associated with the 
proposed rule, and no significant economic impact on any small 
businesses.
    The economic impact analysis shows that 2 affected resin product 
lines may cease operations as a result of implementation of the 
proposed NESHAP. The Agency considers these to be an overstatement of 
the likely impacts of the proposal NESHAP for the following reasons: 
(1) the resin product lines projected to close may be captive producers 
that are not subject to the closure criteria employed by the economic 
impact model; and (2) the resin product lines projected to close 
produce small volumes of output so that the baseline characterization 
of these lines may understate operating profits because they likely 
produce specialty resins with higher market prices than used in the 
economic impact model.
    For more information, refer to the Economic Impact Analysis of the 
Proposed National Emission Standard for Hazardous Air Pollutants: 
Manufacture of Amino/Phenolic Resins (contained in the docket for this 
rule).

VIII. Administrative Requirements

A. Docket

    The docket for the proposed rule is A-92-19. The docket is an 
organized and complete file of all the information submitted to or 
otherwise considered by the EPA in the development of this rulemaking. 
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 regulatory text, Basis and 
Purpose Document (BPD), BPD references, and technical memoranda 
documenting the information considered by the EPA in the development of 
the proposed rule. 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 notice.

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. 1869.01) and a copy may be obtained from Sandy Farmer by mail 
at OPPE Regulatory Information Division; U.S. Environmental Protection 
Agency

[[Page 68856]]

(2137); 401 M St., SW; Washington, DC 20460; by e-mail at 
[email protected]; or by calling (202) 260-2740. A copy may 
also be downloaded off the Internet at http://www.epa.gov/icr.
    Certain records and reports are necessary to enable the 
Administrator to identify facilities subject to the standard and to 
ensure that the standard, which is based on maximum achievable control 
technology (MACT) specific to amino/phenolic resin facilities, is being 
achieved. The information will be used by Agency enforcement personnel 
to (1) identify new, modified, reconstructed, and existing facilities 
subject to the standards; and (2) ensure that compliance is being 
maintained and documented. Records and reports are necessary to enable 
the Agency to identify facilities that are not in compliance with the 
standards. Based on reported information, the EPA can decide which 
facilities should be inspected and which records or processes should be 
inspected at these facilities.
    Amino/phenolic resin facilities would be required to submit the 
initial Notification of Compliance Status within 5 months of the 
compliance date of the standard. Records necessary to determine 
compliance would be compiled and periodic reports would be submitted on 
a semiannual basis.
    All information submitted to the Agency for which a claim of 
confidentiality is made will be safeguarded according to the Agency 
policies set forth in the Code of Federal Regulations, Title 40, 
Chapter 1, Part 2 Subpart B--Confidentiality of Business Information 
(see 40 CFR 2.201 et seq.; 41 FR 36902, September 1, 1976; amended by 
43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 
17674, March 23, 1979; 50 FR 51661, Dec. 18, 1985; 58 FR 461, Jan. 5, 
1993; 58 FR 5061, Jan. 19, 1993; 58 FR 7189, Feb. 5, 1993).
    The total annual reporting and recordkeeping burden for this 
collection averaged over the first 3 years is estimated to be 
$1,062,900 per year for the entire source category. The average burden, 
per respondent, is 806 hours per year with a one-time capital cost of 
$2,000. After the initial response, responses would be required 
semiannually. There are an estimated 40 respondents initially subject 
to the proposed collection requirements. 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., SW; Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., NW, Washington, DC 20503, marked ``Attention: 
Desk Officer for EPA.'' Include the ICR number in any correspondence. 
Because the OMB is required to make a decision concerning the ICR 
between 30 and 60 days after December 14, 1998, a comment to OMB is 
best assured of having its full effect if OMB receives it by January 
13, 1999. The final rule will respond to any OMB or public comments on 
the information collection requirements contained in this proposal.

C. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether a 
regulatory action is ``significant'' and, therefore, subject to OMB 
review and the requirements of the Executive Order. The Order defines 
``significant'' regulatory action as one that is likely to lead to a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined by EPA and OMB that this rule is not a 
``significant regulatory action'' within the meaning of the Executive 
Order.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This proposed rule will not have a significant impact on 
a substantial number of small entities for the following reasons: (1) 
There are only 8 small businesses among the 20 businesses affected by 
this rule that operate the 40 affected facilities; (2) a screening 
analysis indicates no affected small business is likely to incur an 
annual compliance cost of more than 1 percent as a percentage of sales; 
(3) price increases and resulting production decreases may occur for 
the small businesses' affected products after compliance is achieved 
but neither is expected to exceed 0.1 percent; and (4) no facilities or 
product lines owned by these small businesses are projected to be at 
risk of closure from compliance with this proposed rule. Therefore, I 
certify that this proposed action will not have a significant economic 
impact on a substantial number of small entities.
    For more information on the results given in this section, please 
refer to the Economic Impact Analysis of the Proposed National Emission 
Standard for Hazardous Air Pollutants: Manufacture of Amino/Phenolic 
Resins (contained in the docket for this rule).

E. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed rule, or any final rule for which a 
notice of proposed rulemaking was published, that includes a Federal 
mandate that may result in estimated costs to State,

[[Page 68857]]

local, or tribal governments in the aggregate, or to the private 
sector, of $100 million or more in any one year. Under Section 205, if 
a budgetary impact statement is required under section 202, the EPA 
must select the least costly, most cost-effective, or least burdensome 
alternative that achieves the objective of the rule, unless the Agency 
explains why this alternative is not selected or the selection of this 
alternative is inconsistent with law. Section 203 requires the EPA to 
establish a plan for informing and advising any small governments that 
may be significantly or uniquely impacted by the rule. Section 204 
requires the Agency to develop a process to allow elected state, local, 
and tribal government officials to provide input in the development of 
any proposal containing a significant Federal intergovernmental 
mandate.
    The EPA has determined that this proposed rule does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate, or 
to the private sector. The EPA has also determined that this proposed 
rule does not significantly or uniquely impact small governments. 
Therefore, the requirements of the Unfunded Mandates Act do not apply 
to this action.

F. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (the NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note), directs 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 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. 
Consequently, the EPA searched for applicable voluntary consensus 
standards by searching the National Standards System Network (NSSN) 
database. The NSSN is an automated service provided by the American 
National Standards Institute for identifying available national and 
international standards.
    EPA searched for methods potentially equivalent to the methods 
required by this proposed rule, all of which are methods previously 
promulgated by EPA. The proposed rule includes methods that measure: 
(1) Determination of actual oxygen concentration (%O2d)(EPA Method 3B); 
(2) sampling site location (EPA Method 1 or 1A); (3) volumetric flow 
rate for batch emission episode (EPA Methods 2, 2A, 2C, or 2D); (4) gas 
analysis (EPA Method 3); (5) stack gas moisture (EPA Method 4); (6) 
concentration of formaldehyde (EPA Method 316 or 320); (7) 
concentration of all organic HAP other than formaldehyde (EPA Method 
18); and (8) concentration of methanol (EPA Method 308 or 18). These 
EPA methods are found in Appendix A to part 60.
    No potentially equivalent methods for the methods in the proposal 
were found in the NSSN database search. Therefore, the EPA proposes to 
use the methods listed above. EPA welcomes comment on this aspect of 
the proposed rulemaking and specifically invites the public to identify 
potentially-applicable voluntary consensus standards and to explain why 
this regulation should provide for the use of these standards. 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 13045

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

I. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

[[Page 68858]]

List of Subjects in 40 CFR Part 63

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

    Dated: September 30, 1998.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

    2. It is proposed that part 63 be amended by adding subpart OOO to 
read as follows:

Subpart OOO--National Emission Standards for Hazardous Air Pollutant 
Emissions: Manufacture of Amino/Phenolic Resins

Sec.
63.1400  Applicability and designation of affected sources.
63.1401  Compliance schedule and relationship to existing applicable 
rules.
63.1402  Definitions.
63.1403  Emission standards.
63.1404  Storage vessel provisions.
63.1405  Continuous process vents provisions.
63.1406  Reactor batch process vents--standards.
63.1407  Non-reactor batch process vents--standards.
63.1408  Batch process vents--recordkeeping provisions.
63.1409  Batch process vents--reporting provisions.
63.1410  [Reserved]
63.1411  [Reserved]
63.1412  [Reserved]
63.1413  Heat exchange systems provisions.
63.1414  Wastewater provisions.
63.1415  Equipment leak provisions.
63.1416  [Reserved]
63.1417  Test methods and compliance procedures.
63.1418  Monitoring requirements.
63.1419  General recordkeeping and reporting requirements.
Table 1 to Subpart OOO of Part 63--Applicability of General 
Provisions to Subpart OOO Affected Sources
Table 2 to Subpart OOO of Part 63--Group 1 Storage Vessels at 
Existing and New Affected Sources
Table 3 to Subpart OOO of Part 63--Known Organic Hazardous Air 
Pollutants (HAP) From the Manufacture of Amino/Phenolic Resins
Table 4 to Subpart OOO of Part 63--Batch Process Vent Monitoring 
Requirements
Table 5 to Subpart OOO of Part 63--Operating Parameter Levels
Table 6 to Subpart OOO of Part 63--Reports Required by This Subpart

Subpart OOO--National Emission Standards for Hazardous Air 
Pollutant Emissions: Manufacture of Amino/Phenolic Resins


Sec. 63.1400  Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. Affected sources are described in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) An affected source is either an existing affected source or a 
new affected source. Existing affected source is defined in paragraph 
(a)(3) of this section, and new affected source is defined in paragraph 
(a)(4) of this section.
    (2) Emission points and equipment. The affected source includes the 
emission points and equipment specified in paragraphs (a)(2)(i) through 
(a)(2)(iv) of this section that are associated with each group of 
amino/phenolic resin process units (APPU) making up an affected source.
    (i) Each waste management unit.
    (ii) Maintenance wastewater.
    (iii) Each heat exchange system.
    (iv) Equipment required by, or utilized as a method of compliance 
with, this subpart which may include control devices and recovery 
devices.
    (3) An existing affected source is defined as each group of one or 
more APPU, that is not part of a new affected source, as defined in 
paragraph (a)(4) of this section, that is located at a plant site that 
is a major source.
    (4) A new affected source is defined as something that meets the 
criteria of paragraph (a)(4)(i), (a)(4)(ii), or (a)(4)(iii) of this 
section. The situation described in paragraph (a)(4)(i) of this section 
is distinct from those situations described in paragraphs (a)(4)(ii) 
and (a)(4)(iii) of this section and from any situation described in 
paragraph (i)of this section.
    (i) At a site previously without HAP emission points (i.e., a 
``greenfield'' site), each group of one or more APPUs on which 
construction commenced after December 14, 1998 that are part of a major 
source;
    (ii) An APPU meeting the criteria in paragraph (i)(1)(i) of this 
section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (i)(2)(i) of this section.
    (b) APPUs without organic HAP. The owner or operator of an APPU 
that is part of an affected source, as defined in paragraph (a) of this 
section, but that does not use or manufacture any organic HAP shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section. Such an APPU is not subject to any other provisions of 
this subpart and is not required to comply with the provisions of 
subpart A of this part.
    (1) The owner or operator shall retain information, data, and 
analysis used to document the basis for the determination that the APPU 
does not use or manufacture any organic HAP. Types of information that 
could document this determination include, but are not limited to, 
records of chemicals purchased for the process, analyses of process 
stream composition, engineering calculations, or process knowledge.
    (2) When requested by the Administrator, the owner or operator 
shall demonstrate that the APPU does not use any organic HAP.
    (c) Emission points not subject to the provisions of this subpart. 
The affected source includes the emission points listed in paragraphs 
(c)(1) through (c)(9) of this section, but these emission points are 
not subject to the requirements of this subpart or to the provisions of 
subpart A of this part:
    (1) Equipment that does not contain organic HAP and is located 
within an APPU that is part of an affected source;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only; and
    (9) Equipment that is intended to operate in organic HAP service 
for less than 300 hours during the calendar year.
    (d) Processes exempted from the affected source. The processes 
specified in this paragraph (d) are exempted from the affected source: 
Research and development facilities.
    (e) [Reserved]
    (f) Primary product determination and applicability. The primary 
product of a process unit shall be determined according to the 
procedures specified in paragraphs (f)(1) through (f)(2) of this 
section. Paragraphs (f)(3) through (f)(4) of this section describe 
whether or not a process unit is subject to this subpart. Paragraphs 
(f)(5) through (f)(7) of this section discuss compliance for those 
APPUs operated as flexible operation units, as specified in paragraph 
(f)(2) of this section. For purpose of this

[[Page 68859]]

paragraph (f), amino resins and phenolic resins shall be considered to 
be the same product. For purposes of this paragraph (f), the term 
``product,'' when discussing amino resins or phenolic resins, shall 
have the additional meaning of being either an amino resin, a phenolic 
resin, or both. Additionally, the term amino/phenolic resin, as defined 
in Sec. 63.1402, shall have the same meaning: either an amino resin, a 
phenolic resin, or both.
    (1) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(2)(i) or (f)(2)(ii) of this section based on the 
anticipated operations for the 5 years following [date of publication 
of final rule] for existing affected sources and for the first 5 years 
after initial start-up for new affected sources.
    (i) If the flexible operation unit will manufacture one product for 
the greatest operating time over the five year period, then that 
product shall represent the primary product of the flexible operation 
unit.
    (ii) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest production on a mass basis over the five year period shall 
represent the primary product of the flexible operation unit.
    (3) If the primary product of a process unit is an amino/phenolic 
resin, then said process unit is considered an APPU. Said APPU is 
either an affected source or part of an affected source comprised of 
other APPU subject to this subpart at the same plant site. The status 
of a process unit as an APPU and as an affected source or part of an 
affected source shall not change regardless of what products are 
produced in the future by said APPU, with the exception noted in 
paragraph (f)(3)(i) of this section.
    (i) If a process unit terminates the production of all amino/
phenolic resins and does not anticipate the production of any amino/
phenolic resins in the future, the process unit is no longer an APPU, 
is no longer an affected source or part of an affected source, and is 
not subject to this subpart after notification is made as specified in 
paragraph (f)(3)(ii) of this section.
    (ii) The owner or operator of a process unit that wishes to remove 
the APPU designation from the process unit, as specified in paragraph 
(f)(3)(i) of this section, shall notify the Administrator. This 
notification shall be accompanied by a rationale for why it is 
anticipated that no amino/phenolic resins will be produced in the 
process unit in the future.
    (iii) If a process unit meeting the criteria of paragraph (f)(3)(i) 
of this section begins the production of an amino/phenolic resin in the 
future, the owner or operator shall use the procedures in paragraph 
(f)(4)(i) of this section to determine if the process unit is re-
designated as an APPU.
    (4) If the primary product of a process unit is not an amino/
phenolic resin, then said process unit is not an APPU, nor is it an 
affected source, nor is it part of any affected source subject to this 
subpart. Said process unit is not subject to this subpart at any time, 
regardless of what product is being produced. The status of a process 
unit as not being an APPU, and therefore not an affected source nor 
part of an affected source subject to this subpart, shall not change 
regardless of what products are produced in the future by said process 
unit, with the exception noted in paragraph (f)(4)(i) of this section.
    (i) If, at any time beginning [date 5 years after date of 
publication of final rule], the owner or operator determines that an 
amino/phenolic resin is the primary product for the process unit based 
on actual production data for any preceding consecutive five-year 
period, then the process unit shall be designated as an APPU. If said 
APPU is not subject to another subpart of this part 63, it is either an 
affected source or part of an affected source. Said APPU shall be 
subject to this subpart and shall comply with paragraph (f)(4)(ii) of 
this section. Beginning on [date 5 years after the date of publication 
of final rule] and each year thereafter on the anniversary of [date 5 
years after the date of publication of final rule], the owner or 
operator shall evaluate production data for the preceding consecutive 
five-year period to determine if the primary product for the process 
unit is an amino/phenolic resin.
    (ii) If a process unit meets the criteria of paragraph (f)(4)(i) of 
this section, the owner or operator shall notify the Administrator 
within 6 months of making this determination. The APPU, as the entire 
affected source or part of an affected source, shall be in compliance 
with the provisions of this subpart within 3 years from the date of 
such notification.
    (5) Once the primary product of a process unit has been determined 
to be an amino/phenolic resin and if the process unit is an affected 
source or is part of an affected source as defined in paragraph (a) of 
this section, the owner or operator of the affected source shall comply 
with the provisions of this subpart. Owners or operators of flexible 
operation units shall comply with this subpart regardless of what 
product is being manufactured, except as specified in paragraph 
(f)(5)(iii) of this section. Owners or operators shall comply with the 
provisions of this subpart for continuous process vents, storage 
vessels, and emission points associated with wastewater as specified in 
either paragraph (f)(5)(i) or (f)(5)(ii) of this section. Owners or 
operators shall comply with the provisions of this subpart for reactor 
or non-reactor batch process vents at all time, regardless of what 
product is being produced.
    (i) Each owner or operator shall determine the group status of each 
emission point that is part of said flexible operation unit based on 
emission point characteristics when the primary product is being 
manufactured. Based on this finding of group status, the owner or 
operator shall comply with this subpart for each emission point, as 
appropriate, at all times, regardless of what product is being 
produced.
    (ii) Alternatively, each owner or operator shall comply with this 
subpart for individual emission points based on determinations of the 
group status of each emission point made when each product produced by 
the flexible operation unit is manufactured, regardless of whether said 
product is an amino/phenolic resin or not. (Note: Under this scenario 
it is possible that the group status, and therefore the requirement to 
achieve emission reductions, for an emission point may change depending 
on the product being produced.)
    (iii) Whenever a flexible operation unit manufactures a product in 
a way that meets the criteria of paragraph (b) of this section (i.e., 
does not use or manufacture any organic HAP), the owner or operator is 
only required to comply with either paragraph (b)(1) or (b)(2) of this 
section to demonstrate compliance for activities associated with the 
manufacture of said product. This subpart does not require compliance 
with the provisions of subpart A of this part for activities associated 
with the manufacture of a product that meets the criteria of paragraph 
(b) of this section.
    (6) The determination of the primary product for a process unit, to 
include the determination of applicability of this subpart to process 
units that are designed and operated as flexible operation units, shall 
be reported in the Notification of Compliance Status required by 
Sec. 63.1419(e)(5) when the primary product is determined to be an 
amino/phenolic resin. The Notification

[[Page 68860]]

of Compliance Status shall include the information specified in either 
paragraph (f)(6)(i) or (f)(6)(ii) of this section. If the primary 
product is determined to be something other than an amino/phenolic 
resin, the owner or operator shall either retain all information, data, 
and analyses used to document the basis for the determination that the 
primary product is not an amino/phenolic resin, or, when requested by 
the Administrator, demonstrate that the primary product for the process 
unit is something other than an amino/phenolic resin.
    (i) If the APPU manufactures only an amino/phenolic resin, a 
statement of this fact.
    (ii) If the APPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(6)(ii)(A) through 
(f)(6)(ii)(C) of this section, as appropriate.
    (A) Statement that amino/phenolic resin is the primary product.
    (B) Information concerning operating time and/or production mass 
for each product that was used to make the determination of the primary 
product under paragraph (f)(2)(i) or (f)(2)(ii) of this section.
    (C) Identification of which compliance option specified in 
paragraphs (f)(5)(i) and (f)(5)(ii) of this section has been selected 
by the owner or operator for continuous process vents, storage vessels, 
and emission points associated with wastewater.
    (7) To demonstrate compliance with this subpart during those 
periods when an APPU operated as a flexible operation unit is producing 
a product that is not an amino/phenolic resin, the owner or operator 
shall comply with either paragraphs (f)(7)(i) through (f)(7)(ii) or 
paragraph (f)(7)(iii) of this section.
    (i) Establish parameter monitoring levels, as specified in 
Sec. 63.1418, for those emission points designated as Group 1 and for 
reactor and non-reactor batch process vents, as appropriate.
    (ii) Submit the parameter monitoring levels developed under 
paragraph (f)(7)(i) of this section and the basis for them in the 
Notification of Compliance Status report as specified in 
Sec. 63.1419(e)(5).
    (iii) Demonstrate that the parameter monitoring levels established 
for the amino/phenolic resin are also appropriate for those periods 
when products other than the amino/phenolic resin are being produced. 
Material demonstrating this finding shall be submitted in the 
Notification of Compliance Status report as specified in 
Sec. 63.1419(e)(5).
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(7) of this section to determine to which process unit a storage 
vessel shall be assigned. Paragraph (g)(8) of this section specifies 
when an owner or operator is required to redetermine to which process 
unit a storage vessel is assigned.
    (1) If a storage vessel is already subject to another subpart of 
this part 63 on [date of publication of final rule], said storage 
vessel shall be assigned to the process unit subject to the other 
subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., said process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if one or more of those process 
units is an APPU subject to this subpart, the storage vessel shall be 
assigned to any of the said APPU.
    (5) [Reserved]
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding [date of publication of final 
rule] or based on the expected utilization for the 5 years following 
[date of publication of final rule] for existing affected sources and 
based on the expected utilization for the first 5 years after initial 
start-up for new affected sources. The determination of predominant use 
shall be reported in the Notification of Compliance Status, as required 
by Sec. 63.1335(e)(5)(vi).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or 
receive materials from the storage vessel, but the storage vessel is 
located in a tank farm (including a marine tank farm), the 
applicability of this subpart shall be determined according to the 
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping both to the process unit and to the 
storage vessel in the tank farm so that product or raw material 
entering or leaving the process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) 
the storage vessel in the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (g)(7)(i) of this section with respect to a 
storage vessel, this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(7)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit.
    (iv) If there are two or more process units at the major source 
that meet the criteria of paragraph (g)(7)(i) of this section with 
respect to a storage vessel, the storage vessel shall be assigned to 
one of those process units according to the provisions of paragraphs 
(g)(3) through (g)(6) of this section. The predominant use shall be 
determined among only those process units that meet the criteria of 
paragraph (g)(7)(i) of this section.
    (8) If the storage vessel begins receiving material from (or 
sending material to) a process unit that was not included in the 
initial determination, or ceases to receive material from (or send 
material to) a process unit, the owner or operator shall reevaluate the 
applicability of this subpart to the storage vessel.
    (h) [Reserved]
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(3) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(4) of this section provides examples of what are and are 
not considered process changes for purposes of this paragraph (i). 
Paragraph (i)(5) of this section discusses reporting requirements.
    (1) Adding an APPU to a plant site. The provisions of paragraphs 
(i)(1)(i) through (i)(1)(ii) of this section apply to owners or 
operators that add APPUs to a plant site.
    (i) If an APPU is added to a plant site, said addition shall be a 
new affected source and shall be subject to the requirements for a new 
affected source in this subpart upon initial start-up or by [date of 
publication of final rule], whichever is later, if said addition meets 
the criteria specified in paragraphs (i)(1)(i)(A) through (i)(1)(i)(C) 
of this section:
    (A) Said addition meets the definition of construction in 
Sec. 63.2;

[[Page 68861]]

    (B) Such construction commenced after December 14, 1998; and
    (C) Said addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of HAP.
    (ii) If an APPU is added to a plant site, said addition shall be 
subject to the requirements for an existing affected source in this 
subpart upon initial start-up or by [date 3 years after date of 
publication of final rule], whichever is later, if said addition does 
not meet the criteria specified in paragraph (i)(1)(i) of this section 
and the plant site meets, or after the addition is completed will meet, 
the definition of major source.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (i)(2)(i) through 
(i)(2)(ii) of this section apply to owners or operators that add 
emission points or make process changes to an existing affected source.
    (i) If any process change or addition is made to an existing 
affected source and said process change or addition meets the criteria 
specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this 
section, said affected source shall be a new affected source and shall 
be subject to the requirements for a new affected source in this 
subpart upon initial start-up or by [date of publication of final 
rule], whichever is later.
    (A) Said process change or addition meets the definition of 
reconstruction in Sec. 63.2; and
    (B) Such reconstruction commenced after December 14, 1998.
    (ii) If any process change is made that results in one or more 
Group 1 emission points (i.e., either newly created Group 1 emission 
points or emission points that change group status from Group 2 to 
Group 1) or if any other emission point(s) is added to an existing 
affected source (i.e., Group 2 emission point(s), batch process 
vent(s), or equipment leak components subject to Sec. 63.1415) and said 
process change or addition does not meet the criteria specified in 
paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this section, the 
resulting emission point(s) shall be subject to the requirements for an 
existing affected source in this subpart. Said emission point(s) shall 
be in compliance upon initial start-up or by the compliance date 
specified in Sec. 63.1401, whichever is later.
    (3) [Reserved.]
    (4) Determining what are and are not process changes. For purposes 
of this paragraph (i), examples of process changes include, but are not 
limited to, changes in feedstock type, or catalyst type, or whenever 
there is a replacement, removal, or the addition of recovery equipment, 
or changes that increase production capacity. For purposes of this 
paragraph (i), process changes do not include: process upsets, 
unintentional temporary process changes, and changes that are within 
the equipment configuration and operating conditions documented in the 
Notification of Compliance Status report required by 
Sec. 63.1335(e)(5).
    (5) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. Owners or operators that 
change or add to their plant site or affected source, as discussed in 
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as 
specified in Sec. 63.1419(e)(7)(iv).
    (j) Applicability of this subpart during periods of start-up, 
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through 
(j)(4) of this section shall be followed during periods of start-up, 
shutdown, malfunction, or non-operation of the affected source or any 
part thereof.
    (1) The provisions set forth in this subpart and the provisions 
referred to in this subpart shall apply at all times except during 
periods of non-operation of the affected source (or specific portion 
thereof) resulting in cessation of the emissions to which this subpart 
applies. The emission limitations of this subpart shall not apply 
during periods of start-up, shutdown, or malfunction. However, if a 
start-up, shutdown, malfunction, or period of non-operation of one 
portion of an affected source does not affect the ability of a 
particular emission point to comply with the specific provisions to 
which it is subject, then that emission point shall still be required 
to comply with the applicable provisions of this subpart during the 
start-up, shutdown, malfunction, or period of non-operation. For 
example, if there is an overpressure in the reactor area, a storage 
vessel that is part of the affected source would still be required to 
be controlled in accordance with Sec. 63.1404.
    (2) The provisions set forth in subpart H of this part 63, as 
referred to in Sec. 63.1415, shall apply at all times except during 
periods of non-operation of the affected source (or specific portion 
thereof) in which the lines are drained and depressurized resulting in 
cessation of the emissions to which Sec. 63.1415 applies, or during 
periods of start-up, shutdown, malfunction, or process unit shutdown. 
During periods of start-up, shutdown, malfunction, or process unit 
shutdown, the owner or operator shall follow the applicable provisions 
of the start-up, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3).
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
periods of start-up, shutdown, or malfunction; or during times when 
emissions (or, where applicable, wastewater streams or residuals) are 
being routed to such items of equipment, if the shutdown would 
contravene requirements of this subpart applicable to such items of 
equipment. This paragraph (j)(3) does not apply if the item of 
equipment is malfunctioning. This paragraph (j)(3) also does not apply 
if the owner or operator shuts down the compliance equipment (other 
than monitoring systems) to avoid damage due to a contemporaneous 
start-up, shutdown, or malfunction of the affected source or portion 
thereof. If the owner or operator has reason to believe that monitoring 
equipment would be damaged due to a contemporaneous start-up, shutdown, 
or malfunction of the affected source or portion thereof, the owner or 
operator shall provide documentation supporting such a claim in the 
operating permit application (or, where applicable, an application for 
revision of the operating permit) for that affected source. The 
permitting authority shall evaluate the supporting documentation and, 
in the operating permit, may provide for that equipment to be shut down 
during periods of start-up, shutdown, or malfunction only if such 
equipment would be damaged by the contemporaneous start-up, shutdown, 
or malfunction, in the permitting authority's judgement, based on the 
information submitted.
    (4) During start-ups, shutdowns, and when the requirements of this 
subpart do not apply pursuant to paragraphs (j)(1) through (j)(3) of 
this section, the owner or operator shall implement, to the extent 
reasonably available, measures to prevent or minimize excess emissions 
to the extent practical. For purposes of this paragraph, the term 
``excess emissions'' means emissions in excess of those that would have 
occurred if there were no start-up, shutdown, or malfunction and the 
owner or operator complied with the relevant provisions of this 
subpart. The measures to be taken shall be identified in the applicable 
start-up, shutdown, and malfunction plan, and may include, but are not 
limited to, air pollution control technologies, recovery technologies, 
work practices, pollution prevention, monitoring, and/or changes in the 
manner of operation of the affected source. Back-up control devices are 
not required, but may be used if available.

[[Page 68862]]

Sec. 63.1401  Compliance schedule and relationship to existing 
applicable rules.

    (a) Affected sources are required to achieve compliance on or 
before the dates specified in paragraphs (b) through (c) of this 
section. Paragraph (e) of this section provides information on 
requesting compliance extensions. Paragraphs (f) through (l) of this 
section discuss the relationship of this subpart to subpart A of this 
part and to other applicable rules. Where an override of another 
authority of the Act is indicated in this subpart, only compliance with 
the provisions of this subpart is required. Paragraph (m) of this 
section specifies the meaning of time periods.
    (b) New affected sources that commence construction or 
reconstruction after December 14, 1998 shall be in compliance with this 
subpart upon initial start-up or [date of publication of final rule], 
whichever is later, as provided in Sec. 63.6(b).
    (c) Existing affected sources shall be in compliance with this 
subpart no later than 3 years after [date of publication of final 
rule], as provided in Sec. 63.6(c), unless an extension has been 
granted as specified in paragraph (e) of this section.
    (d) [Reserved.]
    (e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing affected source 
up to 1 additional year to comply with Section 112(d) standards. For 
purposes of this subpart, a request for an extension shall be submitted 
to the permitting authority as part of the operating permit application 
or to the Administrator as a separate submittal or as part of the 
Precompliance Report. Requests for extensions shall be submitted no 
later than 120 days prior to the compliance dates specified in 
paragraphs (b) through (d) of this section, except as provided in 
paragraph (e)(3) of this section. The dates specified in Sec. 63.6(i) 
for submittal of requests for extensions shall not apply to this 
subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
    (2) The requirements in Sec. 63.6(i)(8) through (i)(14) shall 
govern the review and approval of requests for extensions of compliance 
with this subpart.
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided 
that the need for the compliance extension arose after that date, and 
the need arose due to circumstances beyond reasonable control of the 
owner or operator. This request shall include, in addition to the 
information specified in paragraph (e)(1) of this section, a statement 
of the reasons additional time is needed and the date when the owner or 
operator first learned of the circumstances necessitating a request for 
compliance extension under this paragraph (e)(3).
    (f) Table 1 of this subpart specifies the provisions of subpart A 
of this part that apply and those that do not apply to owners and 
operators of affected sources subject to this subpart.
    (g) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
that is also subject to and complying with the provisions of 40 CFR 
part 60, subpart Kb, shall continue to comply with 40 CFR part 60, 
subpart Kb. After the compliance dates specified in this section, a 
storage vessel that is assigned to an affected source subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart Kb, but the owner or operator has not been required to apply 
controls as part of complying with 40 CFR part 60, subpart Kb, is 
required to comply only with the provisions of this subpart. After the 
compliance dates specified in this section, said storage vessel shall 
no longer be subject to 40 CFR part 60, subpart Kb.
    (h) Affected sources subject to this subpart that are also subject 
to the provisions of subpart Q of this part shall comply with both 
subparts.
    (i) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, or the provisions of subpart 
H of this part 63, is required to comply only with the provisions of 
this subpart. After the compliance dates specified in this section, 
said source shall no longer be subject to 40 CFR part 60, subpart VV, 
or subpart H of this part 63, as appropriate.
    (j) [Reserved.]
    (k) [Reserved.]
    (l) Overlap with other regulations for monitoring, recordkeeping or 
reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in this 
subpart, if any combustion device, recovery device or recapture device 
subject to this subpart is also subject to monitoring, recordkeeping, 
and reporting requirements in 40 CFR part 264, subpart AA, BB, or CC, 
or is subject to monitoring and recordkeeping requirements in 40 CFR 
part 265, subpart AA, BB, or CC, and the owner or operator complies 
with the periodic reporting requirements under 40 CFR part 264, subpart 
AA, BB, or CC, that would apply to the device if the facility had 
final-permitted status, the owner or operator may elect to comply 
either with the monitoring, recordkeeping and reporting requirements of 
this subpart, or with the monitoring, recordkeeping and reporting 
requirements in 40 CFR parts 264 and/or 265, as described in this 
paragraph (l), which shall constitute compliance with the monitoring, 
recordkeeping and reporting requirements of this subpart. If the owner 
or operator elects to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, the owner or 
operator shall report all information required by Sec. 63.1419(e)(6). 
The owner or operator shall identify which option has been selected in 
the Notification of Compliance Status required by Sec. 63.1419(e)(5).
    (m) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annual), unless specified otherwise, refer to the standard calendar 
periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by 
mutual agreement between the owner or operator and the Administrator, 
as specified in subpart A of this part 63 (e.g., a period could begin 
on the compliance date or another date, rather than on the first day of 
the standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraph (m)(2)(i) or (m)(2)(ii) of this 
section, as appropriate:
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at 
least 2 weeks for tasks that must be performed monthly, at least 1 
month for tasks that must be performed each quarter, or at least 3 
months for tasks that must be performed annually; or (ii) In all other 
cases, compliance shall be required before the end of the first full 
standard calendar period after the period within which the initial 
compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may

[[Page 68863]]

perform the required task at any time during the specified period, 
provided that the task is conducted at a reasonable interval after 
completion of the task during the previous period.


Sec. 63.1402  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in Secs. 63.2, 63.101, 63.111, and 63.161 as specified after 
each term:

Act (Sec. 63.2)
Administrator (Sec. 63.2)
Annual average concentration (Sec. 63.111)
Annual average flow rate (Sec. 63.111)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Construction (Sec. 63.2)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission standard (Sec. 63.2)
EPA (Sec. 63.2)
External floating roof (Sec. 63.111)
First attempt at repair (Sec. 63.111)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas (Sec. 63.101)
Fuel gas system (Sec. 63.101)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Impurity (Sec. 63.101)
In organic hazardous air pollutant service (Sec. 63.161)
Incinerator (Sec. 63.111)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Reconstruction (Sec. 63.2)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Total resource effectiveness (TRE) index value (Sec. 63.111)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in Sec. 63.2, 
Sec. 63.101, Sec. 63.111, or Sec. 63.161 and in this section, it shall 
have the meaning given in this section for purposes of this subpart.
    Air pollution control device or Control device means equipment 
installed on a process vent, storage tank, wastewater treatment exhaust 
stack, or combination thereof that reduces the mass of HAP emitted to 
the air. The equipment may consist of an individual device or a series 
of devices. Examples include, but are not limited to, incinerators, 
carbon adsorption units, condensers, flares, boilers, process heaters, 
and gas absorbers. Process condensers are not considered air pollution 
control devices or control devices.
    Affected source is defined in Sec. 63.1400(a).
    Amino resin means a resin produced through the reaction of 
formaldehyde, or a formaldehyde containing solution (e.g., aqueous 
formaldehyde), with compound(s) that contain the amino group; these 
compounds include melamine, urea, and urea derivatives.
    Amino/phenolic resin means one or both of the following types of 
products:
    (1) Amino resin; or
    (2) Phenolic resin.
    Amino/phenolic resin process unit (APPU) means a collection of 
equipment assembled and connected by hard-piping or ductwork used to 
process raw materials and to manufacture an amino/phenolic resin as its 
primary product. This collection of equipment includes process vents 
from process vessels; equipment identified in Sec. 63.149; storage 
vessels, as determined in Sec. 63.1400(g); and the equipment that is 
subject to the equipment leak provisions as specified in Sec. 63.1415. 
Utilities, lines and equipment not containing process fluids, and other 
non-process lines, such as heating and cooling systems which do not 
combine their materials with those in the processes they serve, are not 
part of the amino/phenolic resin process unit. An amino/phenolic resin 
process unit consists of more than one unit operation.
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch mode means the discontinuous bulk movement of material 
through a unit operation. Mass, temperature, concentration, and other 
properties may vary with time. For a unit operation operated in a batch 
mode (i.e., batch unit operation), the addition of material and 
withdrawal of material do not typically occur simultaneously.
    Batch process vent means a process vent from a batch unit operation 
within an affected source. Batch process vents are either reactor batch 
process vents or non-reactor batch process vents.
    Batch unit operation means a unit operation operated in a batch 
mode.
    Block means the time period that comprises a single batch cycle.
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other properties 
typically approach steady-state conditions. For a unit operation 
operated in a continuous mode (i.e., continuous unit operation), the 
simultaneous addition of raw material and withdrawal of product is 
typical.
    Continuous process vent means a process vent from a continuous unit 
operation within an affected source. The total organic HAP weight 
percent is determined after the last recovery device, as described in 
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c). 
Process vents that are serving as control devices are not subject to 
additional control requirements.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.1419(d) or 
Sec. 63.1419(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1-hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Controlled HAP emissions means the quantity of HAP discharged to 
the atmosphere from an air pollution control device.
    Emission point means an individual continuous process vent, batch 
process vent, storage vessel, waste management unit, equipment leak, 
heat exchange system, or equipment subject to Sec. 63.149.

[[Page 68864]]

    Equipment means, for the purposes of the provisions in Sec. 63.1415 
and the requirements in subpart H of this part that are referred to in 
Sec. 63.1415, each pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve or line, valve, connector, 
and instrumentation system in organic hazardous air pollutant service; 
and any control devices or systems required by subpart H of this part. 
For purposes of this subpart, surge control vessels and bottom 
receivers are not equipment for purposes of regulating equipment leak 
emissions. Surge control vessels and bottoms receivers are regulated as 
non-reactor batch process vents, for the purposes of this subpart.
    Equipment leak is defined in Sec. 63.101, except that surge control 
vessels and bottoms receivers are not sources of equipment leak 
emissions for purposes of this subpart.
    Existing affected source is defined in Sec. 63.1400(a)(3).
    Flexible operation unit means a process unit that manufactures 
different chemical products, polymers, or resins periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Group 1 continuous process vent means a continuous process vent 
from a new affected source releasing a gaseous emission stream that has 
a total resource effectiveness index value, calculated according to the 
procedures in Sec. 63.115 as qualified by Sec. 63.1405(e), less than or 
equal to 1.2.
    Group 1 storage vessel means a storage vessel at a new or existing 
affected source that meets the applicability criteria specified in 
Table 2 of this subpart.
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater from a new affected source that meets the criteria 
for Group 1 status in Sec. 63.132(c) and/or that meets the criteria for 
Group 1 status in Sec. 63.132(d), with the exceptions listed in 
Sec. 63.1414(h) for the purposes of this subpart (i.e., for organic HAP 
listed on Table 3 of this subpart that are also listed on Table 9 and 
Table 8 of subpart G of this part 63, as indicated on Table 3 of this 
subpart, as appropriate).
    Group 2 continuous process vent means a continuous process vent 
that does not fall within the definition of a Group 1 continuous 
process vent.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water) designed and intended 
to operate to not allow contact between the cooling medium and process 
fluid or gases (i.e., a noncontact system). A heat exchange system can 
include more than one heat exchanger and can include recirculating or 
once-through cooling systems.
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of HAP charged to the reactor during the 
production of a single batch of product.
    Initial start-up means the first time a new or reconstructed 
affected source begins production, or, for equipment added or changed 
as described in Sec. 63.1400(i), the first time the equipment is put 
into operation. Initial start-up does not include operation solely for 
testing equipment. Initial start-up does not include subsequent start-
ups of an affected source or portion thereof following malfunctions or 
shutdowns or following changes in product for flexible operation units 
or following recharging of equipment in batch operation. Further, for 
purposes of Sec. 63.1401 and Sec. 63.1415, initial start-up does not 
include subsequent start-ups of affected sources or portions thereof 
following malfunctions or process unit shutdowns.
    Large control device means a control device that controls emission 
points with total emissions of 10 tons of HAP per year or more before 
control.
    Maintenance wastewater is defined in Sec. 63.101, except that the 
term ``amino/phenolic resin process unit'' shall apply wherever the 
term ``chemical manufacturing process unit'' is used. Further, the 
generation of wastewater from the routine rinsing or washing of 
equipment in batch operation between batches is not maintenance 
wastewater for the purposes of this subpart.
    Maximum representative operating conditions means, for purposes of 
testing or measurements required by Sec. 63.1417, those conditions 
which reflect the highest HAP emissions reasonably expected to be 
vented to the control device or emitted to the atmosphere. For affected 
sources that produce the same product(s) using multiple recipes, the 
production of the highest-HAP recipe is reflective of maximum 
representative operating conditions.
    Maximum true vapor pressure is defined in Sec. 63.111, except that 
the terms ``transfer'' or ``transferred'' shall not apply for purposes 
of this subpart.
    Multicomponent system means, as used in conjunction with batch 
process vents, a stream whose liquid and/or vapor contains more than 
one compound.
    Net positive heating value means the difference between the heat 
value of the recovered chemical stream and the minimum heat value 
required to ensure a stable flame in the combustion device. This 
difference must have a positive value when used in the context of 
``recovering chemicals for fuel value'' (e.g., in the definition of 
``recovery device'' in this section).
    New affected source is defined in Sec. 63.1400(a)(4).
    Non-reactor batch process vent means a batch process vent 
originating from a unit operation other than a reactor. Non-reactor 
batch process vents include, but are not limited to, batch process 
vents from filter presses, surge control vessels, bottoms receivers, 
weigh tanks, and distillation systems.
    On-site or On site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location within a major 
source which encompasses the affected source. On-site includes, but is 
not limited to, storage at the affected source or APPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec. 63.1419(e)(5). 
The operating day is the period for which daily average monitoring 
values and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 3 of this subpart or any other 
chemical which is:
    (1) Knowingly produced or introduced into the manufacturing process 
other than as an impurity; and
    (2) Listed in Table 2 of subpart F of this part.
    Phenolic resin means a resin that is a condensation product of 
formaldehyde and phenol, or a formaldehyde substitute and/or a phenol 
substitute. Substitutes for formaldehyde include acetaldehyde or 
furfuraldehyde. Substitutes for phenol include other phenolic starting 
compounds such as cresols, xylenols, p-tert-butylphenol, p-
phenylphenol, and nonylphenol.
    Primary product is defined in and determined by the procedures 
specified in Sec. 63.1400(f). For the purposes of the procedures in 
Sec. 63.1400(f), amino resins and phenolic resins shall be considered 
to be the same product.

[[Page 68865]]

    Process condenser means a condenser whose primary purpose is to 
recover material as an integral part of a unit operation(s). The 
condenser must support a vapor-to-liquid phase change for periods of 
equipment operation that are at or above the boiling or bubble point of 
substance(s) at the liquid surface. Examples of process condensers 
include distillation condensers, reflux condensers, and condensers used 
in stripping or flashing operations. In a series of condensers, all 
condensers up to and including the first condenser with an exit gas 
temperature below the boiling or bubble point of the substance(s) at 
the liquid surface are considered to be process condensers. All 
condensers in line prior to a vacuum source are included in this 
definition.
    Process unit means a collection of equipment assembled and 
connected by hardpiping or ductwork, used to process raw materials and 
to manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
where the gaseous emission stream is discharged to the atmosphere 
either directly or after passing through one or more control, recovery, 
or recapture devices. Unit operations that may have process vents are 
condensers, distillation units, reactors, or other unit operations 
within the APPU. Emission streams that are undiluted and uncontrolled 
containing less than 20 ppmv organic HAP, as determined through process 
knowledge that no organic HAP are present in the emission stream or 
using an engineering assessment as discussed in Sec. 63.1417(e)(3)(vi); 
test data using the test methods specified in Sec. 63.1417(b); or any 
other test method that has been validated according to the procedures 
in Method 301 of appendix A of this part, are not considered process 
vents. Process vents exclude relief valve discharges, gaseous streams 
routed to a fuel gas system(s), and leaks from equipment regulated 
under Sec. 63.1415. Process vents that are serving as control devices 
are not subject to additional control requirements.
    Product means a resin, produced using the same monomers and varying 
in additives (e.g., initiators, terminators, etc.); catalysts; or in 
the relative proportions of monomers, that is manufactured by a process 
unit. With respect to resins, more than one recipe may be used to 
produce the same product. Product also means a chemical that is not a 
polymer, that is manufactured by a process unit. By-products, isolated 
intermediates, impurities, wastes, and trace contaminants are not 
considered products.
    Reactor batch process vent means a batch process vent originating 
from a reactor.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers 
and, if present, other reactants and additives that are used to make 
the recipe. For example, a methylated amino resin and a non-methylated 
amino resin are both different recipes of the same product, amino 
resin.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for use; 
reuse; fuel value (i.e., net heating value); or for sale for use, 
reuse, or fuel value (i.e., net heating value). Examples of equipment 
that may be recovery devices include absorbers, carbon adsorbers, 
condensers, oil-water separators or organic-water separators, or 
organic removal devices such as decanters, strippers, or thin-film 
evaporation units. For the purposes of the monitoring, recordkeeping, 
or reporting requirements of this subpart, recapture devices are 
considered recovery devices.
    Research and development facility means any stationary source whose 
primary purpose is to conduct research and development into new 
processes and products, where such source is operated under the close 
supervision of technically trained personnel, and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Residual is defined in Sec. 63.111, except that when the definition 
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed on Table 3 of this subpart that are also listed on Table 9 
of subpart G of this part, as indicated on Table 3 of this subpart'' 
shall apply for purposes of this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purposes of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, combustible, explosive, reactive, or hazardous 
materials.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, an APPU(s) within an affected source, 
a waste management unit or unit operation within an affected source, or 
equipment required or used to comply with this subpart, or the emptying 
or degassing of a storage vessel. For purposes of the wastewater 
provisions of Sec. 63.1414, shutdown does not include the routine 
rinsing or washing of equipment in batch operation between batches. For 
purposes of the batch process vent provisions in Secs. 63.1406 and 
63.1407, the cessation of equipment in batch operation is not a 
shutdown, unless the equipment undergoes maintenance, is replaced, or 
is repaired.
    Small control device means a control device that controls emission 
points with total emissions less than 10 tons of HAP per year before 
control.
    Start-up means the setting into operation of an affected source, an 
APPU(s) within an affected source, a waste management unit or unit 
operation within an affected source, or equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For both continuous and batch unit operations, start-up 
includes initial start-up and operation solely for testing equipment. 
For both continuous and batch unit operations, start-up does not 
include the recharging of equipment in batch operation. For continuous 
unit operations, start-up includes transitional conditions due to 
changes in product for flexible operation units. For batch unit 
operations, start-up does not include transitional conditions due to 
changes in product for flexible operation units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor

[[Page 68866]]

fluctuations about constant mean values may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) vessels with capacities smaller than 38 cubic meters;
    (4) vessels and equipment storing and/or handling material that 
contains no organic HAP and/or organic HAP as impurities only;
    (5) wastewater storage tanks;
    (6) surge control vessels or bottoms receivers; and
    (7) vessels and equipment storing and/or handling amino/phenolic 
resin.
    Uncontrolled HAP emissions means a gaseous vent stream containing 
HAP which has exited the unit operation (or process condenser, if any), 
but which has not yet been introduced into an air pollution control 
device to reduce the mass of HAP in the vent stream. If the gaseous 
vent stream is not routed to an air pollution control device, 
uncontrolled emissions are those HAP emissions released to the 
atmosphere.
    Vent stream, as used in reference to batch process vents, 
continuous process vents, storage vessels, waste management units, and 
in-process equipment subject to Sec. 63.149, means the emissions from 
that emission point.
    Waste management unit is defined in Sec. 63.111, except that where 
the definition in Sec. 63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``APPU'' shall apply for purposes of this 
subpart.
    Wastewater is either a process wastewater or maintenance wastewater 
and means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP listed on Table 
3 of this subpart that are also listed on Table 9 of subpart G of this 
part 63, as indicated on Table 3 of this subpart, of at least 5 parts 
per million by weight and has an annual average flow rate of 0.02 liter 
per minute or greater; or
    (ii) An annual average concentration of organic HAP listed on Table 
3 of this subpart that are also listed on Table 9 of subpart G of this 
part 63, as indicated on Table 3 of this subpart, of at least 10,000 
parts per million by weight at any flow rate, and that;
    (2) Is discarded from an APPU that is part of an affected source.
    Wastewater stream means a stream that contains wastewater as 
defined in this section.


Sec. 63.1403  Emission standards.

    Each owner or operator of an affected source subject to the 
provisions of this subpart shall control organic HAP emissions as 
specified in this subpart on and after the compliance dates specified 
in this section. Compliance with the emissions limits is demonstrated 
initially through the provisions of Sec. 63.1417 (Test methods and 
compliance procedures) and continuously through the provisions of 
Sec. 63.1418 (Monitoring requirements).
    (a) Except as allowed under paragraph (b) of this section, the 
owner or operator of an affected source shall comply with the 
provisions in paragraphs (a)(1) through (a)(9) of this section, as 
appropriate. (Note: Sections 63.1410 through 63.1412 and Sec. 63.1416 
are reserved.):
    (1) Section 63.1404 for storage vessels for new affected sources;
    (2) Section 63.1405 for continuous process vents for new affected 
sources;
    (3) Sections 63.1406 through 63.1409 for batch process vents for 
existing and new affected sources;
    (4) Section 63.1413 for heat exchange systems for existing and new 
affected sources;
    (5) Section 63.1414 for wastewater for new affected sources;
    (6) Section 63.1415 for equipment leaks for existing and new 
affected sources, except as specified in paragraph (c) of this section;
    (7) Section 63.1417 for test methods and compliance procedures;
    (8) Section 63.1418 for monitoring requirements; and
    (9) Section 63.1419 for general recordkeeping and reporting 
requirements.
    (b) When emissions of different kinds (i.e., emissions from 
continuous process vents, batch process vents, storage vessels, process 
wastewater, and/or in-process equipment subject to Sec. 63.149) are 
combined, and at least one of the vent streams would be required by 
this subpart to apply controls in the absence of combination with other 
vent streams, the owner or operator shall comply with the requirements 
of either paragraph (b)(1) or (b)(2) of this section, as appropriate. 
For purposes of this paragraph (b), combined vent streams containing 
one or more batch process vents and containing one or more continuous 
process vents for which control is required by the provisions of 
Sec. 63.1405 may comply with either paragraph (b)(1) or (b)(2) of this 
section, as appropriate. For purposes of this paragraph (b), the owner 
or operator of an affected source with combined vent streams containing 
one or more batch process vents but not containing one or more 
continuous process vents for which control is required by the 
provisions of Sec. 63.1405 shall comply with paragraph (b)(3) of this 
section:
    (1) Comply with the applicable requirements of this subpart for 
each kind of emission point in the vent stream as specified in 
paragraphs (a)(1) through (a)(5) of this section.
    (2) Comply with the first set of requirements identified in 
paragraphs (b)(2)(i) through (b)(2)(iv) of this section which applies 
to any individual vent stream that is included in the combined vent 
stream, where either that vent stream would be required by this subpart 
to apply controls in the absence of combination with other vent 
streams, or the owner or operator chooses to apply controls according 
to the provisions of this subpart appropriate to that vent stream for 
purposes of this paragraph. Compliance with the first applicable set of 
requirements identified in paragraphs (b)(2)(i) through (b)(2)(iv) of 
this section constitutes compliance with all other requirements in 
paragraphs (b)(2)(i) through (b)(2)(iv) of this section applicable to 
other vent streams in the combined vent stream:
    (i) The requirements of this subpart for Group 1 continuous process 
vents subject to Sec. 63.1405, including applicable monitoring, 
recordkeeping, and reporting;
    (ii) The requirements of Sec. 63.139, as specified in Sec. 63.1414, 
for control devices used to control emissions from waste management 
units, including applicable monitoring, recordkeeping, and reporting;
    (iii) The requirements of Sec. 63.139, as specified in 
Sec. 63.1414, for closed vent systems for control of emissions from in-
process equipment subject to Sec. 63.149, as specified in Sec. 63.1414, 
including applicable monitoring, recordkeeping, and reporting; or
    (iv) The requirements of Sec. 63.119(e), as specified in 
Sec. 63.1404, for control of emissions from Group 1 storage vessels, 
including applicable monitoring, recordkeeping, and reporting.
    (3) The owner or operator of an affected source with combined vent 
streams containing one or more batch process vents but not also 
containing one or more continuous process vents required to apply 
controls by the provisions of Sec. 63.1405 shall comply with paragraphs 
(b)(3)(i) and (b)(3)(ii) of this section.
    (i) The owner or operator of the affected source shall comply with

[[Page 68867]]

Sec. 63.1406 or Sec. 63.1407, as appropriate, for the batch process 
vent(s).
    (ii) The owner or operator of the affected source shall comply with 
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for 
the remaining vent streams.
    (c) Exception from equipment leaks. Owners or operators of certain 
affected sources are not required to comply with the equipment leak 
provisions specified in Sec. 63.1415, as specified in paragraphs (c)(1) 
through (c)(3) of this section.
    (1) Affected sources with actual annual production of amino/
phenolic resin equal to or less than 800 megagrams per year for the 12-
month period preceeding December 14, 1998 publication of this proposed 
rule are exempt from the equipment leak provisions specified in 
Sec. 63.1415, except as specified in paragraph (c)(3) of this section.
    (2) Owners or operators using the exemption provided by this 
paragraph (c) shall comply with the following requirements:
    (i) Submit a statement that includes the following information as 
part of the Notification of Compliance Status required by 
Sec. 63.1419(e)(5): a statement that the exemption provided by this 
paragraph (c) is being utilized and a statement of the affected 
source's actual annual production of amino/phenolic resins for the 12-
month period preceeding December 14, 1998.
    (ii) Comply with the requirements of either paragraph (c)(2)(ii)(A) 
or (c)(2)(ii)(B) of this section.
    (A) The owner or operator shall retain information, data, and 
analysis used to document the basis for using the exemption provided by 
this paragraph (c). Such information, data, and analysis shall be 
retained for the 12-month period preceeding December 14, 1998 and for 
each 12-month period the affected source is in operation and using the 
exemption provided by this paragraph (c). The beginning of each 12-
month period shall be the anniversary of December 14, 1998.
    (B) When requested by the Administrator, the owner or operator 
shall demonstrate that actual annual production is equal to or less 
than 800 megagrams per year of amino/phenolic resin for the 12-month 
period preceeding December 14, 1998 and for each 12-month period the 
affected source has been in operation and using the exemption provided 
by this paragraph (c). The beginning of each 12-month period shall be 
the anniversary of December 14, 1998.
    (3) If an affected source using the exemption provided by this 
paragraph (c) has an actual annual production of amino/phenolic resins 
exceeding 800 megagrams per year for any 12-month period that begins on 
the anniversary of December 14, 1998 starting with the 12-month period 
following December 14, 1998, the owner or operator shall comply with 
the provisions of Sec. 63.1415 for the life of the affected source 
(i.e., regardless of actual annual production thereafter) or until the 
affected source is no longer subject to the provisions of this subpart.
    (d) Opening of a safety device. Opening of a safety device, as 
defined in Sec. 63.1402, is allowed at any time conditions require it 
to be opened to avoid unsafe conditions.


Sec. 63.1404  Storage vessel provisions.

    (a) For each storage vessel located at an existing or new affected 
source, the owner or operator shall comply with paragraph (b) of this 
section. As an alternative to complying with paragraph (b) of this 
section, an owner or operator may comply with paragraph (c) of this 
section. The compliance date for storage vessels at affected sources 
subject to the provisions of this section is specified in Sec. 63.1401.
    (b) For each Group 1 storage vessel assigned, according to the 
procedures in Sec. 63.1400(g), to a new affected source, the owner or 
operator shall comply with the control requirements specified in 
paragraph (b)(1) of this section and with the requirements of subpart G 
of this part specified in paragraphs (b)(3) through (b)(6) of this 
section, with the differences noted in paragraphs (d)(1) through 
(d)(14) of this section for the purposes of this subpart, as 
appropriate. For each Group 1 storage vessel assigned, according to the 
procedures in Sec. 63.1400(g), to an existing affected source, the 
owner or operator shall comply with the control requirements specified 
in paragraph (b)(2) of this section and with the requirements of 
subpart G of this part specified in paragraphs (b)(3) through (b)(6) of 
this section, with the differences noted in paragraphs (d)(1) through 
(d)(14) of this section for the purposes of this subpart, as 
appropriate:
    (1) For storage vessels containing aqueous formaldehyde, reduce 
emissions of total organic HAP by 50 weight-percent using a closed vent 
system and control device or, alternatively, comply with Sec. 63.119 G 
of this part. For storage vessels containing other organic HAP, reduce 
emissions of total organic HAP by 95 weight-percent using a closed vent 
system and control device or, alternatively, comply with Sec. 63.119 of 
subpart G of this part;
    (2) Reduce emissions of total organic HAP by 50 weight-percent 
using a closed vent system and control device or, alternatively, comply 
with Sec. 63.119 of subpart G of this part;
    (3) Section 63.120, Storage vessel provisions--procedures to 
determine compliance;
    (4) Section 63.121, Storage vessel provisions--alternative means of 
emission limitation;
    (5) Section 63.122, Storage vessel provisions--reporting;
    (6) Section 63.123, Storage vessel provisions--recordkeeping.
    (c) As an alternative standard, the owner or operator of an 
existing or new affected source may comply with the storage tank 
standards by routing storage tank vents to a control device achieving 
an outlet organic HAP concentration of 20 ppmv or less. Compliance with 
the outlet concentration shall be determined by the initial compliance 
procedures of Sec. 63.1417(a)(6) and the continuous emission monitoring 
requirements of Sec. 63.1418(i).
    (d) The differences noted in paragraphs (d)(1) through (d)(14) of 
this section apply to owners or operators complying with certain 
provisions of subpart G of this part, as specified in paragraph (b) of 
this section.
    (1) When the term ``storage vessel'' is used in Secs. 63.119 
through 63.123 of subpart G of this part, the definition of this term 
in Sec. 63.1402 shall apply for the purposes of this subpart.
    (2) When the term ``Group 1 storage vessel'' is used in 
Secs. 63.119 through 63.123 of subpart G of this part, the definition 
of this term in Sec. 63.1402 shall apply for the purposes of this 
subpart.
    (3) When the term ``Group 2 storage vessel'' is used in 
Secs. 63.119 through 63.123, the definition of this term in 
Sec. 63.1402 shall apply for the purposes of this subpart.
    (4) When December 31, 1992, is referred to in Sec. 63.119, December 
14, 1998 shall apply instead, for the purposes of this subpart.
    (5) When April 22, 1994, is referred to in Sec. 63.119, 
[publication date of the final rule] shall apply instead, for the 
purposes of this subpart.
    (6) Each owner or operator referred to Sec. 63.120 by paragraph (b) 
of this section, shall comply with this paragraph (d)(6) instead of 
Sec. 63.120(d)(1)(ii) for the purposes of this subpart. If the control 
device used to comply with paragraph (b)(1) of this section is also 
used to comply with any of the requirements found in Sec. 63.1405, 
Sec. 63.1406, Sec. 63.1407, or Sec. 63.1414, the performance test 
required in or accepted by the applicable requirements of Sec. 63.1405, 
Sec. 63.1414, or Sec. 63.1417 for batch process vents is acceptable for 
demonstrating

[[Page 68868]]

compliance with paragraph (b)(1) of this section for the purposes of 
this subpart. The owner or operator is not required to prepare a design 
evaluation for the control device as described in Sec. 63.120(d)(1)(i), 
if the performance test meets the criteria specified in paragraphs 
(d)(6)(i) and (d)(6)(ii) of this section.
    (i) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in paragraph (b)(1) of this section; and
    (ii) The performance test is submitted as part of the Notification 
of Compliance Status required by Sec. 63.1419(e)(5).
    (7) When the term ``operating range'' is used in Sec. 63.120(d)(3) 
of subpart G of this part, the term ``level'' shall apply instead, for 
the purposes of this subpart.
    (8) When the determination of equivalence criteria in 
Sec. 63.102(b) of subpart F of this part is referred to in 
Sec. 63.121(a) of subpart G of this part, the provisions in 
Sec. 63.6(g) of subpart A of this part shall apply for the purposes of 
this subpart.
    (9) For purposes of this subpart, the monitoring plan required by 
Sec. 63.120(d)(2) shall specify for which control devices the owner or 
operator has elected to follow the procedures for continuous monitoring 
specified in Sec. 63.1418. For those control devices for which the 
owner or operator has elected to not follow the procedures for 
continuous monitoring specified in Sec. 63.1418, the monitoring plan 
shall include a description of the parameter or parameters to be 
monitored to ensure that the control device is being properly operated 
and maintained, an explanation of the criteria used for selection of 
that parameter (or parameters), and the frequency with which monitoring 
will be performed (e.g., when the liquid level in the storage vessel is 
being raised), as specified in Sec. 63.120(d)(2)(i).
    (10) For purposes of this subpart, the monitoring plan required by 
Sec. 63.120(d)(2) shall be included in the Notification of Compliance 
Status required by Sec. 63.1419(e)(5).
    (11) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122, 
and 63.123, the Notification of Compliance Status requirements 
contained in Sec. 63.1419(e)(5) shall apply for the purposes of this 
subpart.
    (12) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.120, 63.122, and 63.123, the 
Periodic Report requirements contained in Sec. 63.1419(e)(6) shall 
apply for the purposes of this subpart.
    (13) When other reports as required in Sec. 63.152(d) are referred 
to in Sec. 63.122, the reporting requirements contained in 
Sec. 63.1419(e)(7) shall apply for the purposes of this subpart.
    (14) When the Initial Notification requirements contained in 
Sec. 63.151(b) are referred to in Sec. 63.122, the owner or operator of 
an affected source subject to this subpart need not comply with the 
Initial Notification requirements contained in Sec. 63.151(b) for the 
purposes of this subpart.


Sec. 63.1405  Continuous process vents provisions.

    (a) For each continuous process vent located at a new affected 
source, the owner or operator shall comply with paragraph (b) of this 
section if the TRE value, as determined following the procedures 
specified in paragraph (e) of this section, is greater than 1.0 but 
less than or equal to 1.2. For each continuous process vent located at 
a new affected source, the owner or operator shall comply with 
paragraph (c) of this section if the TRE value, as determined following 
the procedures specified in paragraph (e) of this section, is less than 
or equal to 1.0. As an alternative to complying with paragraph (b) or 
(c) of this section, as appropriate, an owner or operator may comply 
with paragraph (f) of this section. Continuous process vents located at 
existing affected sources are not subject to the provisions of this 
section or any requirements of subpart A of this part. The compliance 
date for continuous process vents subject to the provisions of this 
section is specified in Sec. 63.1401.
    (b) Owners or operators required to comply with this paragraph (b) 
shall comply with the control requirements specified in paragraph 
(b)(1) of this section and with the requirements of subpart G of this 
part specified in paragraphs (b)(2) through (b)(6) of this section, 
with the differences noted in paragraphs (d)(1) through (d)(14) of this 
section for the purposes of this subpart, as appropriate:
    (1) Reduce emissions of total organic HAP by 85 weight-percent or 
to a concentration of 20 parts per million by volume, whichever is less 
stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, corrected to 3 
percent oxygen. As an alternative, an owner or operator shall reduce 
emissions of organic HAP using a flare;
    (2) Section 63.114, Process vent provisions--monitoring 
requirements;
    (3) Section 63.115, Process vent provisions--methods and procedures 
for process vent group determination;
    (4) Section 63.116, Process vent provisions--performance test 
methods and procedures to determine compliance;
    (5) Section 63.117, Process vent provisions--reporting and 
recordkeeping requirements for group and TRE determinations and 
performance tests; and
    (6) Section 63.118, Process vent provisions--periodic reporting and 
recordkeeping requirements.
    (c) Owners or operators required to comply with this paragraph (c) 
shall comply with the requirements of subpart G of this part specified 
in paragraphs (c)(1) through (c)(6) of this section, with the 
differences noted in paragraphs (d)(1) through (d)(14) of this section 
for the purposes of this subpart:
    (1) Section 63.113, Process vent provisions--reference control 
technology;
    (2) Section 63.114, Process vent provisions--monitoring 
requirements;
    (3) Section 63.115, Process vent provisions--methods and procedures 
for process vent group determination;
    (4) Section 63.116, Process vent provisions--performance test 
methods and procedures to determine compliance;
    (5) Section 63.117, Process vent provisions--reporting and 
recordkeeping requirements for group and TRE determinations and 
performance tests; and
    (6) Section 63.118, Process vent provisions--periodic reporting and 
recordkeeping requirements.
    (d) The differences noted in paragraphs (d)(1) through (d)(14) of 
this section apply to owners or operators complying with certain 
provisions of subpart G of this part, as specified in paragraph (b) or 
(c) of this section.
    (1) When the term ``process vent'' is used in Secs. 63.113 through 
63.118, the term ``continuous process vent,'' and the definition of 
this term in Sec. 63.1402 shall apply for the purposes of this subpart.
    (2) When the term ``Group 1 process vent'' is used in Secs. 63.113 
through 63.118, the term ``Group 1 continuous process vent,'' and the 
definition of this term in Sec. 63.1402 shall apply for the purposes of 
this subpart.
    (3) When the term ``Group 2 process vent'' is used in Secs. 63.113 
through 63.118, the term ``Group 2 continuous process vent,'' and the 
definition of this term in Sec. 63.1402 shall apply for the purposes of 
this subpart.
    (4) When December 31, 1992, is referred to in Sec. 63.113, apply 
the date

[[Page 68869]]

December 14, 1998 for the purposes of this subpart.
    (5) When Sec. 63.151(f), alternative monitoring parameters, and 
Sec. 63.152(e), submission of an operating permit, are referred to in 
Secs. 63.114(c) and 63.117(e), Sec. 63.1419(f), alternative monitoring 
parameters, and Sec. 63.1419(e)(8), submission of an operating permit, 
respectively, shall apply for the purposes of this subpart.
    (6) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.114 and 63.117, 
the Notification of Compliance Status requirements contained in 
Sec. 63.1419(e)(5) shall apply for the purposes of this subpart.
    (7) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.117 and 63.118, the Periodic 
Report requirements contained in Sec. 63.1419(e)(6) shall apply for the 
purposes of this subpart.
    (8) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is 
referred to in Sec. 63.118(f)(2), the provisions in Sec. 63.1418(j), 
(k), and (l) shall apply for the purposes of this subpart.
    (9) When Sec. 63.114(e) specifies that an owner or operator shall 
submit the information required in Sec. 63.152(b) in order to establish 
the parameter monitoring range, the owner or operator shall comply with 
the provisions of Sec. 63.1418 for establishing the parameter 
monitoring level and shall comply with Sec. 63.1419(e)(5) for purposes 
of reporting information related to establishment of the parameter 
monitoring level for purposes of this subpart. Further, the term 
``level'' shall apply when the term ``range'' is used in Secs. 63.114, 
63.117, and 63.118.
    (10) When reports of process changes are required under 
Sec. 63.118(g), (h), (i), or (j), paragraphs (d)(10)(i) through 
(d)(10)(iv) of this section shall apply for the purposes of this 
subpart. In addition, for the purposes of this subpart, paragraph 
(d)(10)(v) of this section applies, and Sec. 63.118(k) does not apply 
to owners or operators of affected sources.
    (i) For the purposes of this subpart, whenever a process change, as 
defined in Sec. 63.115(e), is made that causes a Group 2 continuous 
process vent to become a Group 1 continuous process vent, the owner or 
operator shall submit a report within 180 days after the process change 
is made or with the next Periodic Report, whichever is later. A 
description of the process change shall be submitted with the report of 
the process change, and the owner or operator shall comply with the 
Group 1 provisions in Secs. 63.113 through 63.118 in accordance with 
Sec. 63.1400(i)(2)(ii).
    (ii) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous process vent with a TRE greater 
than 4.0 to become a Group 2 continuous process vent with a TRE less 
than 4.0, the owner or operator shall submit a report within 180 days 
after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec. 63.113(d) by the 
dates specified in Sec. 63.1401.
    (iii) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous process vent with a flow rate 
less than 0.005 standard cubic meter per minute to become a Group 2 
continuous process vent with a flow rate of 0.005 standard cubic meter 
per minute or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. A description of the process change shall be submitted with the 
report of the process change, and the owner or operator shall comply 
with the provisions in Sec. 63.113(d) by the dates specified in 
Sec. 63.1401.
    (iv) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a 
Group 2 continuous process vent with an organic HAP concentration of 50 
parts per million by volume or greater and a TRE index value less than 
or equal to 4.0, the owner or operator shall submit a report within 180 
days after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec. 63.113(d) by the 
dates specified in Sec. 63.1401.
    (v) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraph 
(d)(10)(v)(A), (d)(10)(v)(B), (d)(10)(v)(C), or (d)(10)(v)(D) of this 
section is met:
    (A) The process change does not meet the definition of a process 
change in Sec. 63.115(e);
    (B) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) and the recalculated value is less than 0.005 standard 
cubic meter per minute;
    (C) The organic HAP concentration of the vent stream is 
recalculated according to Sec. 63.115(e) and the recalculated value is 
less than 50 parts per million by volume; or
    (D) The TRE index value is recalculated according to Sec. 63.115(e) 
and the recalculated value is greater than 4.0.
    (11) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify 
that Method 18, 40 CFR part 60, appendix A, shall be used, the methods 
specified in Sec. 63.1417(b) shall be used for the purposes of this 
subpart.
    (12) When Sec. 63.118, periodic reporting and recordkeeping 
requirements, refers to Sec. 63.152(f), the recordkeeping requirements 
in Sec. 63.1419(d) shall apply for purposes of this subpart.
    (13) When Sec. 63.115(c)(3)(ii)(B) and (d)(2)(iv) and 
Sec. 63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart 
F of this part, the owner or operator shall only consider organic HAP 
listed on Table 3 of this subpart for purposes of this subpart.
    (14) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b), 
the requirements in Sec. 63.1417(g) for flares shall apply.
    (e) For purposes of this subpart, TRE values shall be calculated 
using the equations for a 70% heat recovery thermal incinerator, as 
specified in Sec. 63.115(d)(3) and Table 1 of subpart G of this part.
    (f) As an alternative standard, the owner or operator of a new 
affected source may comply with the continuous process vent standards 
by routing process vents to a control device achieving an outlet 
organic HAP concentration of 20 ppmv or less. Any continuous process 
vents that are not routed to this control device must be controlled in 
accordance with the provisions of paragraphs (b) or (c) of this 
section, as appropriate. Compliance with the outlet concentrations 
shall be determined by the initial compliance procedures described in 
Sec. 63.1417(a)(6) and the continuous emission monitoring requirements 
described in Sec. 63.1418(i).


Sec. 63.1406  Reactor batch process vents--standards.

    (a) Reactor batch process vents. Owners or operators of reactor 
batch process vents located at new or existing affected sources shall 
comply with the requirements in paragraph (b) or (c) of this section, 
as appropriate. As an alternative to complying with paragraph (b) or 
(c) of this section, as appropriate, an owner or operator may comply 
with paragraph (d) of this section.
    (b) Reactor batch process vents located at new affected sources. 
The owner or operator of a reactor batch process vent located at a new 
affected source shall comply with the

[[Page 68870]]

requirements of either paragraph (b)(1), (b)(2), or (b)(3) of this 
section.
    (1) For each reactor batch process vent, vent all emissions of 
organic HAP to a flare. The flare shall comply with the requirements of 
Sec. 63.1417(g).
    (2) For each reactor batch process vent, reduce organic HAP 
emissions for the batch cycle by 95 weight percent using a control 
device. Owners or operators may achieve compliance with this paragraph 
(b)(2) through the control of selected batch emission episodes or the 
control of portions of selected batch emission episodes. Documentation 
demonstrating how the 95 weight percent emission reduction is achieved 
for the batch cycle is required by Secs. 63.1408(b)(2) and 
63.1417(e)(5)(iii) and shall be submitted in the Notification of 
Compliance Status required by Sec. 63.1419(e)(5).
    (3) Organic HAP emissions from all reactor batch process vents 
within the affected source shall be no greater than 0.01 kilogram of 
HAP per megagram of product.
    (c) Reactor batch process vents located at existing affected 
sources. The owner or operator of a reactor batch process vent located 
at an existing affected source shall comply with the requirements of 
either paragraph (c)(1), (c)(2), or (c)(3) of this section.
    (1) For each reactor batch process vent, vent all emissions of 
organic HAP to a flare. The flare shall comply with the requirements of 
Sec. 63.1417(g).
    (2) For each reactor batch process vent, reduce organic HAP 
emissions for the batch cycle by 93 weight percent using a control 
device. Owners or operators may achieve compliance with this paragraph 
(c)(2) through the control of selected batch emission episodes or the 
control of portions of selected batch emission episodes. Documentation 
demonstrating how the 93 weight percent emission reduction is achieved 
for the batch cycle is required by Secs. 63.1408(b)(2) and 
63.1417(e)(5)(iii) and shall be submitted in the Notification of 
Compliance Status required by Sec. 63.1419(e)(5).
    (3) Organic HAP emissions from all reactor batch process vents 
within the affected source shall be no greater than 0.017 kilogram of 
HAP per megagram of product.
    (d) As an alternative standard, the owner or operator of an 
existing or new affected source may comply with the requirements of 
paragraph (b) or (c) of this section by venting all emissions from a 
reactor batch process vent to a control device achieving an outlet 
organic HAP concentration of 20 ppmv or less. Any reactor batch process 
vents that are not vented to a control device meeting the conditions of 
this paragraph (d) must be controlled in accordance with the provisions 
of paragraphs (b) or (c) of this section. Compliance with the outlet 
concentrations shall be determined by the initial compliance procedures 
described in Sec. 63.1417(a)(6) and the continuous emission monitoring 
requirements described in Sec. 63.1418(i).
    (e) If a boiler or process heater is used to comply with the 
requirements of paragraph (b) or (c) of this section, the reactor batch 
process vent shall be introduced into the flame zone of such a device.


Sec. 63.1407  Non-reactor batch process vents--standards.

    (a) Non-reactor batch process vents. Owners or operators of non-
reactor batch process vents located at new or existing affected sources 
with 0.23 megagrams per year (0.25 tons per year) of uncontrolled HAP 
emissions or greater from the collection of non-reactor batch process 
vents within the affected source shall comply with the requirements in 
paragraph (b) or (c) of this section, as appropriate. As an alternative 
to complying with paragraph (b) or (c) of this section, as appropriate, 
an owner or operator may comply with paragraph (d) of this section. 
Owners or operators shall determine uncontrolled HAP emissions from the 
collection of non-reactor batch process vents within the affected 
source as specified in paragraph (f) of this section.
    (b) Non-reactor batch process vents located at new affected 
sources. The owner or operator of a non-reactor batch process vent 
located at a new affected source shall comply with the requirements of 
either paragraph (b)(1) or (b)(2) of this section.
    (1) For the collection of non-reactor batch process vents within 
the affected source, vent all emissions of organic HAP to a flare. The 
flare shall comply with the requirements of Sec. 63.1417(g).
    (2) For the collection of non-reactor batch process vents within 
the affected source, reduce organic HAP emissions for the batch cycle 
by 83 weight percent using a control device. Owners or operators may 
achieve compliance with this paragraph (b)(2) through the control of 
selected non-reactor batch process vents or the control of portions of 
selected periods of emissions from all or selected non-reactor batch 
process vents. Documentation demonstrating how the 83 weight percent 
emission reduction is achieved is required by Secs. 63.1408(b)(2) and 
63.1417(e)(5)(iii) and shall be submitted in the Notification of 
Compliance Status required by Sec. 63.1419(e)(5).
    (c) Non-reactor batch process vents located at existing affected 
sources. The owner or operator of a non-reactor batch process vent 
located at an existing affected source shall comply with the 
requirements of either paragraph (c)(1) or (c)(2) of this section.
    (1) For the collection of non-reactor batch process vents within 
the affected source, vent all emissions of organic HAP to a flare. The 
flare shall comply with the requirements of Sec. 63.1417(g).
    (2) For the collection of non-reactor batch process vents within 
the affected source, reduce organic HAP emissions for the batch cycle 
by 68 weight percent using a control device. Owners or operators may 
achieve compliance with this paragraph (c)(2) through the control of 
selected non-reactor batch process vents or the control of portions of 
selected periods of emissions from all or selected non-reactor batch 
process vents. Documentation demonstrating how the 68 weight percent 
emission reduction is achieved is required by Secs. 63.1408(b)(2) and 
63.1417(e)(5)(iii) and shall be submitted in the Notification of 
Compliance Status required by Sec. 63.1419(e)(5).
    (d) As an alternative standard, the owner or operator of an 
existing or new affected source may comply with the requirements of 
paragraph (b) or (c) of this section by venting all emissions from a 
non-reactor batch process vent to a control device achieving an outlet 
organic HAP concentration of 20 ppmv or less. Any reactor batch process 
vents that are not vented to a control device meeting the conditions of 
this paragraph (d) must be controlled in accordance with the provisions 
of paragraphs (b) or (c) of this section. Compliance with the outlet 
concentrations shall be determined by the initial compliance procedures 
described in Sec. 63.1417(a)(6) and the continuous emission monitoring 
requirements described in Sec. 63.1418(i).
    (e) If a boiler or process heater is used to comply with paragraph 
(b) or (c) of this section, the reactor batch process vent shall be 
introduced into the flame zone of such a device.
    (f) Owners or operators shall determine uncontrolled HAP emissions 
from the collection of non-reactor batch process vents within the 
affected source based on engineering assessment as described in 
Sec. 63.1417(e)(3)(vi). If the owner or operator finds that 
uncontrolled HAP emissions from the collection of non-reactor batch 
process vents within the affected source are less than 0.23 megagrams 
per year (0.25 tons per year), the owner or operator shall keep records 
as specified in Sec. 63.1408(a).

[[Page 68871]]

Sec. 63.1408  Batch process vents--recordkeeping provisions.

    (a) Records of non-reactor batch process vent emissions cutoff. If 
the owner or operator finds that uncontrolled HAP emissions from the 
collection of non-reactor batch process vents within the affected 
source are less than 0.23 megagrams per year (0.25 tons per year), the 
owner or operator shall keep records as specified in paragraphs (a)(1) 
or (a)(2) of this section.
    (1) Retain information, data, and analysis used to document the 
estimated emissions for the collection of non-reactor batch process 
vents within the affected source.
    (2) When requested by the Administrator, demonstrate that emissions 
for the collection of non-reactor batch process vents within the 
affected source are less than 0.23 megagrams per year (0.25 tons per 
year).
    (b) Compliance demonstration records. Each owner or operator of a 
batch process vent complying with Sec. 63.1406 or Sec. 63.1407 shall 
keep the following records, as applicable, readily accessible:
    (1) If a batch process vent is in compliance with the alternative 
20 ppmv limit specified in Sec. 63.1406(d) or Sec. 63.1407(d), results 
of the initial compliance demonstration specified in 
Sec. 63.1417(a)(6).
    (2) If a batch process vent is in compliance with the percent 
reduction requirements of Sec. 63.1406 or Sec. 63.1407, records 
documenting the batch cycle percent reduction or overall percent 
reduction, as appropriate, as specified in Sec. 63.1417(e)(5)(iii).
    (3) When using a flare to comply with Sec. 63.1406 or Sec. 63.1407:
    (i) The flare design (i.e., steam-assisted, air-assisted or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.1417(g); and
    (iii) Periods when all pilot flames were absent.
    (4) The following information when using a control device to 
achieve compliance with the percent reduction requirement of 
Sec. 63.1406 or Sec. 63.1407:
    (i) For an incinerator or non-combustion control device, the 
percent reduction of organic HAP achieved for emissions vented to the 
control device, as determined using the procedures specified in 
Sec. 63.1417(e)(5);
    (ii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater; and
    (iii) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP 
achieved for emissions vented to the control device, as determined 
using the procedures specified in Sec. 63.1417(e)(5).
    (c) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec. 63.1418(b) and Table 4 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec. 63.1419(f) as allowed under 
Sec. 63.1418(g), maintain documentation showing the establishment of 
the level that indicates proper operation of the control device as 
required by Sec. 63.1418(c) for parameters specified in Sec. 63.1418(b) 
and as required by Sec. 63.1419(f) for alternate parameters. An owner 
or operator may choose to monitor operating parameters for batch 
process vents on a batch cycle daily average basis or on a block 
average basis. The batch cycle daily average is based on parameter 
monitoring accomplished during the operating day (i.e., a 24-hour 
basis). The block average is based on the parameter monitoring 
accomplished during a single batch cycle. As specified in Secs. 63.1402 
and 63.1419(d)(3), the block shall be the period of time equal to the 
batch cycle. Said documentation shall include the following:
    (1) Parameter monitoring data used to establish the level;
    (2) Identification that the parameter monitoring level is 
associated with a batch cycle daily average or a block average; and
    (3) A definition of the batch cycle or block, as appropriate.
    (d) [Reserved]
    (e) Controlled batch process vent continuous compliance records. 
Continuous compliance records shall be kept as specified in paragraphs 
(e)(1) through (e)(4), as appropriate.
    (1) Each owner or operator of a batch process vent that uses a 
control device to comply with the percent reduction requirement of 
Sec. 63.1406 or Sec. 63.1407 shall keep the following records, as 
applicable, readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.1418(b) as applicable, and 
listed in Table 4 of this subpart, or specified by the Administrator in 
accordance with Sec. 63.1419(f) as allowed under Sec. 63.1418(g). Said 
records shall be kept as specified under Sec. 63.1419(d), except as 
specified in paragraphs (e)(1)(i)(A) and (e)(1)(i)(B) of this section.
    (A) For carbon adsorbers, the records specified in Table 4 of this 
subpart shall be maintained in place of continuous records.
    (B) For flares, the records specified in Table 4 of this subpart 
shall be maintained in place of continuous records.
    (ii) Records of the batch cycle daily average value or block 
average value of each continuously monitored parameter, as specified in 
Sec. 63.1419(d).
    (2) Each owner or operator of a batch process vent that uses a 
control device to comply with Sec. 63.1406 or Sec. 63.1407 shall keep 
the following records, as applicable, readily accessible:
    (i) Hourly records of whether the flow indicator for bypass lines 
specified in Sec. 63.1418(h) was operating and whether a diversion was 
detected at any time during the hour. Also, records of the times of all 
periods when the vent is diverted from the control device or the flow 
indicator specified in Sec. 63.1418(h) is not operating.
    (ii) Where a seal or closure mechanism is used to comply with 
Sec. 63.1418(h), hourly records of whether a diversion was detected at 
any time are not required. The owner or operator shall record whether 
the monthly visual inspection of the seals or closure mechanisms has 
been done, and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (iii) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (3) Each owner or operator of a batch process vent in compliance 
with the alternative 20 ppmv limit, as specified in Sec. 63.1406(d) or 
Sec. 63.1407(d), shall keep the records of continuous emissions 
monitoring described in Sec. 63.1418(i).
    (4) Each owner or operator of a batch process vent in compliance 
with the kilogram of HAP per megagram of product emission limits, 
specified in Sec. 63.1406(b)(3) or Sec. 63.1406(c)(3), shall keep the 
following records, as applicable, readily accessible:
    (i) If there is a violation of the emission limit, as specified in 
Sec. 63.1418(m), the individual monthly average and all the data used 
to

[[Page 68872]]

calculate the individual monthly average, for the month in which the 
violation occurs, and the rolling average monthly emission rate or the 
12-month rolling average monthly emission rate, as appropriate.
    (ii) If there is not a violation of the emission limit, as 
specified in Sec. 63.1418(m), the rolling average monthly emission rate 
or the 12-month rolling average monthly emission rate, as appropriate.


Sec. 63.1409  Batch process vents--reporting provisions.

    (a) The owner or operator of an affected source shall submit the 
information specified in Sec. 63.1408 (b) and (c), as applicable, for 
batch process vents complying with Sec. 63.1406 or Sec. 63.1407, as 
part of the Notification of Compliance Status specified in 
Sec. 63.1419(e)(5).
    (b) If an owner or operator uses a control device other than those 
specified in Sec. 63.1418(b) and listed in Table 4 of this subpart or 
requests approval to monitor a parameter other than those specified in 
Sec. 63.1418(b) and listed in Table 4 of this subpart, the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec. 63.1419(f), as part of 
the Precompliance Report required under Sec. 63.1419(e)(3). The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.
    (c) Owners or operators complying with Sec. 63.1418(h), shall 
comply with paragraph (c)(1) or (c)(2) of this section, as appropriate.
    (1) Submit reports of the times of all periods recorded under 
Sec. 63.1408(e)(2)(i) when the batch process vent is diverted from the 
control device through a bypass line, with the next Periodic Report.
    (2) Submit reports of all occurrences recorded under 
Sec. 63.1408(e)(2)(ii) in which the seal mechanism is broken, the 
bypass line damper or valve position has changed, or the key to unlock 
the bypass line damper or valve was checked out, with the next Periodic 
Report.
    (d) Each owner or operator of a batch process vent in compliance 
with the kilogram of HAP per megagram of product emission limits, 
specified in Sec. 63.1406 (b)(3) or (c)(3), shall submit the 
information specified in Sec. 63.1408(e)(4)(i) in the next Periodic 
Report required in Sec. 63.1419(e)(6) when a violation of the emission 
limit, as specified in Sec. 63.1418(m) occurs.


Sec. 63.1410  [Reserved]


Sec. 63.1411  [Reserved]


Sec. 63.1412  [Reserved]


Sec. 63.1413  Heat exchange systems provisions.

    (a) The owner or operator of an affected source shall comply with 
Sec. 63.104, with the differences noted in paragraphs (b) through (e) 
of this section, for the purposes of this subpart. The compliance date 
for heat exchange systems subject to the provisions of this section is 
specified in Sec. 63.1401.
    (b) When the term ``chemical manufacturing process unit'' is used 
in Sec. 63.104, the term ``affected source'' shall apply for purposes 
of this subpart. Further, when the phrase ``a chemical manufacturing 
process unit meeting the conditions of Sec. 63.100(b)(1) through (b)(3) 
of this subpart, except for chemical manufacturing units meeting the 
condition specified in Sec. 63.100(c) of this subpart'' is used in 
Sec. 63.104(a), the term ``an affected source'' shall apply for 
purposes of this subpart.
    (c) When Sec. 63.104 refers to Table 4 of subpart F of this part or 
Table 9 of subpart G of this part, the owner or operator is only 
required to consider organic HAP listed on Table 3 of this subpart that 
are also listed on Table 4 of subpart F of this part or Table 9 of 
subpart G of this part, as indicated on Table 3 of this subpart for 
purposes of this subpart.
    (d) When Sec. 63.104(f)(1) specifies that the monitoring plan and 
records required by Sec. 63.104(f)(1)(i) through (f)(1)(iv) shall be 
kept as specified in Sec. 63.103(c), the provisions of Sec. 63.1419(a) 
and (h) shall apply for purposes of this subpart.
    (e) When Sec. 63.104(f)(2) requires information to be reported in 
the Periodic Reports required by Sec. 63.152(c), the owner or operator 
should instead report the information specified in Sec. 63.104(f)(2) in 
the Periodic Reports required by Sec. 63.1419(e)(6), for the purposes 
of this subpart.


Sec. 63.1414  Wastewater provisions.

    (a) With the differences noted in paragraphs (b) through (s) of 
this section, the owner or operator of each new affected source shall 
comply with the requirements of subpart G of this part specified in 
paragraphs (a)(1) through (a)(15) of this section for each process 
wastewater stream originating at an affected source, and the 
requirements of subpart G of this part 63 specified in paragraph 
(a)(16) of this part for equipment that is subject to Sec. 63.149. The 
owner or operator of each new affected source shall also comply with 
paragraph (t) of this section for the control of maintenance 
wastewater. The compliance date for process wastewater streams, 
equipment that is subject to Sec. 63.149, and maintenance wastewater 
subject to the provisions of this section is specified in Sec. 63.1401. 
Wastewater at existing affected sources is not subject to the 
provisions of this section or any requirements of subpart A of this 
part:
    (1) Section 63.132, Process wastewater provisions--general;
    (2) Section 63.133, Process wastewater provisions--wastewater 
tanks;
    (3) Section 63.134, Process wastewater provisions--surface 
impoundments;
    (4) Section 63.135, Process wastewater provisions--containers;
    (5) Section 63.136, Process wastewater provisions--individual drain 
systems;
    (6) Section 63.137, Process wastewater provisions--oil-water 
separators;
    (7) Section 63.138, Process wastewater provisions--performance 
standards for treatment processes managing Group 1 wastewater streams 
and/or residuals removed from Group 1 wastewater streams;
    (8) Section 63.139, Process wastewater provisions--control devices;
    (9) Section 63.140, Process wastewater provisions--delay or repair;
    (10) Section 63.143, Process wastewater provisions--inspections and 
monitoring of operations;
    (11) Section 63.144, Process wastewater provisions--test methods 
and procedures for determining applicability and Group 1/Group 2 
determinations;
    (12) Seciton 63.145, Process wastewater provisions--test methods 
and procedures to determine compliance;
    (13) Section 63.146, Process wastewater provisions--reporting;
    (14) Section 63.147, Process wastewater provisions--recordkeeping;
    (15) Section 63.148, Leak inspection provisions; and
    (16) Section 63.149, Control requirements for certain liquid 
streams in open systems within a chemical manufacturing process unit.
    (b) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
provisions in Sec. 63.6(g) shall apply for the purposes of this 
subpart.
    (c) When the storage tank requirements contained in Secs. 63.119 
through 63.123 are referred to in Secs. 63.132 through 63.149, 
Secs. 63.120 through 63.123 are applicable, with the exception of the 
differences referred to

[[Page 68873]]

in Sec. 63.1404, for the purposes of this subpart. Further, the 
requirements of Sec. 63.1404(b)(1) are applicable instead of the 
requirements of Sec. 63.119, for purposes of this subpart.
    (d) When Sec. 63.146(a)(3) requires the submission of a request for 
approval to monitor alternative parameters according to the procedures 
specified in Sec. 63.151(g) or Sec. 63.152(e), owners or operators 
requesting to monitor alternative parameters shall follow the 
procedures specified in Sec. 63.1419(f) for the purposes of this 
subpart.
    (e) When Sec. 63.147(d) requires owners or operators to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec. 63.152(f), owners 
and operators shall instead keep records of the daily average value of 
each continuously monitored parameter as specified in Sec. 63.1419(d) 
for the purposes of this subpart.
    (f) When Secs. 63.132 through 63.149 refer to a ``new source,'' the 
term ``new affected source,'' as defined in Sec. 63.1400(a), shall 
apply for the purposes of this subpart.
    (g) When Sec. 63.132 (a) and (b) refer to the ``applicable dates 
specified in Sec. 63.100 of subpart F of this part,'' the compliance 
dates specified in Sec. 63.1401 shall apply for the purposes of this 
subpart.
    (h) When Secs. 63.132 through 63.149 refer to Table 8 of subpart G 
of this part, the owners or operator shall only consider organic HAP 
listed on Table 3 of this subpart that are also listed on Table 8 of 
subpart G of this part, as indicated on Table 3 of this subpart, for 
purposes of this subpart. When Secs. 63.132 through 63.149 refer to 
Table 9 or Table 36 of subpart G of this part, the owners or operator 
shall only consider organic HAP listed on Table 3 of this subpart that 
are also listed on Table 8 of subpart G of this part, as indicated on 
Table 3 of this subpart, for the purposes of this subpart. In addition, 
when Secs. 63.132 through 63.149 refer to List 1, List 2, and/or List 
3, as listed in Table 36 of subpart G of this part, the owner or 
operator is only required to consider organic HAP listed on Table 3 of 
this subpart that are also listed on Table 8 of subpart G of this part, 
as indicated on Table 3 of this subpart, for the purposes of this 
subpart.
    (i) Whenever Secs. 63.132 through 63.149 refer to a ``chemical 
manufacturing process unit,'' owners or operators of affected sources 
shall apply the term ``affected source,'' as defined in 
Sec. 63.1400(a), for the purposes of this subpart. In addition, when 
Secs. 63.132 through 63.149 refer to Sec. 63.100(b), Sec. 63.1400(a) 
shall apply for the purposes of this subpart.
    (j) Whenever Secs. 63.132 through 63.149 refer to a Group 1 
wastewater stream or a Group 2 wastewater stream, the definitions of 
these terms contained in Sec. 63.1402 shall apply for the purposes of 
this subpart.
    (k) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'', 
the phrase ``Sec. 63.1400(d)'' shall apply for the purposes of this 
subpart. In addition, where Sec. 63.149(d) states ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, or H of this part'', the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subpart A, F, G, or H of this part, or this subpart'' shall apply for 
the purposes of this subpart.
    (l) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR Sec. 63.100(l)(1) or 40 CFR 63.100 (l)(2),'' the phrase ``a new 
affected source as described in 63.1400(a),'' shall apply for the 
purposes of this subpart.
    (m) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146, 
the Notification of Compliance Status requirements contained in 
Sec. 63.1419(e)(5) shall apply for the purposes of this subpart. In 
addition, when Secs. 63.132 through 63.149 require that information be 
reported according to Sec. 63.152(b) in the Notification of Compliance 
Status, the owner or operator of an affected source shall report the 
specified information in the Notification of Compliance Status required 
by Sec. 63.1419(e)(5) for the purposes of this subpart.
    (n) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report 
requirements contained in Sec. 63.1419(e)(6) shall apply for the 
purposes of this subpart. In addition, when Secs. 63.132 through 63.149 
require that information be reported in the Periodic Reports required 
in Sec. 63.152(c), the owner or operator of an affected source shall 
report the specified information in the Periodic Reports required in 
Sec. 63.1419(e)(6) for the purposes of this subpart.
    (o) When Sec. 63.143(f) specifies that owners or operators shall 
establish the range that indicates proper operations of the treatment 
process or control device, the owner or operator shall instead comply 
with the requirements of Sec. 63.1418 for establishing parameter level 
maximums/minimums for the purposes of this subpart.
    (p) When Secs. 63.146(b)(7) and 63.146(b)(8) require that ``the 
information on parameter ranges specified in Sec. 63.152(b)(2)'' be 
reported in the Notification of Compliance Status, owner and operators 
of affected sources are instead required to report the information on 
parameter levels as specified in Sec. 63.1335(e)(5)(ii) for the 
purposes of this subpart.
    (q) [Reserved]
    (r) When the provisions of Sec. 63.139(c)(1)(ii), 
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR 
part 60, appendix A, shall be used, the methods specified in 
Sec. 63.1417(b) shall be used for the purposes of this subpart.
    (s) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b), 
the requirements in Sec. 63.1417(g) for flares shall apply.
    (t) For each new affected source, the owner or operator shall 
comply with the requirements for maintenance wastewater in Sec. 63.105, 
except that when Sec. 63.105(a) refers to ``organic HAPs,'' the 
definition of organic HAP in Sec. 63.1402 shall apply for the purposes 
of this subpart.


Sec. 63.1415  Equipment leak provisions.

    The owner or operator of each affected source shall comply with the 
requirements of subpart H of this part 63, with the differences noted 
in paragraphs (a) through (r) of this section, except as specified in 
Sec. 63.1403(c).
    (a) If specific items of equipment, comprising part of a process 
unit subject to this subpart, are managed by different administrative 
organizations (e.g., different companies, affiliates, departments, 
divisions, etc.), those items of equipment may be aggregated with any 
APPU within the affected source for all purposes under subpart H of 
this part, providing there is no delay in achieving the applicable 
compliance date.
    (b) When the terms ``equipment'' and ``equipment leak'' are used in 
subpart H of this part, the definitions of these terms in Sec. 63.1402 
shall apply for the purposes of this subpart.
    (c) The compliance date for the equipment leak provisions contained 
in this section is provided in Sec. 63.1401. Whenever subpart H of this 
part refers to the compliance dates specified in Sec. 63.100(k), the 
compliance dates listed in Sec. 63.1401 shall instead apply, for the 
purposes of this subpart. In addition, whenever subpart H of this part 
refers to sources subject to subpart F of this part, the subpart H 
requirements shall instead apply to sources subject to this subpart, 
for the purposes of this subpart.

[[Page 68874]]

    (d) In addition to complying with the requirements specified in 
Sec. 63.167(b), the owner or operator shall put in place the cap, blind 
flange, plug, or second valve within 1 hour of cessation of operations 
requiring process fluid flow through the open-ended valve or line, or 
within 1 hour of cessation of maintenance or repair.
    (e) In addition to the monitoring intervals specified in 
Sec. 63.168(d), owners and operators may elect to monitor each valve in 
APPUs with less than 0.25 percent leaking valves once every 2 years.
    (f) For purposes of this subpart, the requirements of this 
paragraph (f) apply instead of Sec. 63.168(e). At affected sources to 
which this subpart applies, an owner or operator may choose to 
subdivide, or subgroup, the valves in the APPUs that comprise the 
affected source and apply the provisions of Sec. 63.168(d) to each 
subgroup of valves, provided the overall performance of total valves in 
the affected source is less than 2 percent leaking valves, as detected 
according to Sec. 63.168(b) and as calculated according to paragraphs 
(g)(1) and (g)(2) of this section. If the owner or operator elects to 
subgroup the valves in the affected source, then the provisions of 
paragraphs (g)(1) through (g)(7) of this section apply.
    (g) Subgrouping of Valves. The owner or operator who elects to 
subgroup the valves in the affected source shall comply with the 
provisions of paragraphs (g)(1) through (g)(7) of this section.
    (1) The initial assignment or subsequent reassignment of valves to 
subgroups within the affected source shall be governed by the 
provisions of paragraphs (g)(1)(i) through (g)(1)(iii) of this section.
    (i) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than 1 year of monitoring data or 
valves not monitored within the last 12 months must be placed initially 
into the most frequently monitored subgroup until at least 1 year of 
monitoring data has been obtained.
    (ii) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the 
most recent monitoring period for the less frequently monitored 
subgroup. The monitoring results must be included with the less 
frequently monitored subgroup's monitoring event and associated next 
percent leaking valves calculation for that subgroup.
    (iii) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the 
period of the less frequently monitored subgroup (e.g., for the last 12 
months, if the valve or group of valves is to be reassigned to a 
subgroup being monitored annually). Nonrepairable valves may not be 
reassigned to a less frequently monitored subgroup.
    (2) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the affected source is less than 
2 percent leaking valves and so indicate the performance in the next 
periodic report. If the overall performance of total valves in the 
affected source is 2 percent leaking valves or greater, the owner or 
operator shall revert to the program required in Sec. 63.168(d). The 
overall performance of total valves in the affected source shall be 
calculated as a weighted average of the percent leaking valves of each 
subgroup according to Equation 1:
[GRAPHIC] [TIFF OMITTED] TP14DE98.000

Where:

%VLO = overall performance of total valves in the affected 
source.
%VLi = percent leaking valves in subgroup i, most recent 
value calculated according to the procedures in paragraphs (h)(1) and 
(h)(2) of this section.
Vi = number of valves in subgroup i.
n = number of subgroups.

    (3) In addition to records required by Sec. 63.181, the owner or 
operator shall maintain records specified in paragraphs (g)(3)(i) 
through (g)(3)(iv) of this section:
    (i) Which valves are assigned to each subgroup;
    (ii) Monitoring results and calculations made for each subgroup for 
each monitoring period;
    (iii) Which valves are reassigned and when they were reassigned; 
and
    (iv) The results of the semiannual overall performance calculation 
required in paragraph (g)(2) of this section.
    (4) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of 
the decision to subgroup valves. The notification shall identify the 
participating APPUs and the valves assigned to each subgroup.
    (5) In addition to the information required by Sec. 63.182(d), the 
owner or operator shall submit in the periodic reports the information 
specified in paragraphs (g)(5)(i) and (g)(5)(ii) of this section:
    (i) Valve reassignments occurring during the reporting period; and
    (ii) Results of the semiannual overall performance calculation 
required by paragraph (g)(2) of this section:
    (6) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (h)(3) of this section shall be 
used.
    (7) Except for the overall performance calculations required by 
paragraphs (f) and (g)(2) of this section, each subgroup shall be 
treated as if it were a APPU for the purposes of applying the 
provisions of this section.
    (h)(1) Percent leaking valves for each APPU or subgroup shall be 
determined by Equation 2:
[GRAPHIC] [TIFF OMITTED] TP14DE98.001

Where:

%VL = percent leaking valves.
VL = number of valves found leaking excluding nonrepairables 
as provided in paragraph (h)(3)(i) of this section.
VT = total valves monitored, in a monitoring period 
excluding valves monitored as required by Sec. 63.174(f)(3).

    (2) When determining monitoring frequency for each APPU or subgroup 
subject to monthly, quarterly, or semiannual monitoring frequencies, 
the percent leaking valves shall be the arithmetic average of the 
percent leaking valves from the last two consecutive monitoring 
periods. When determining monitoring frequency for each APPU or 
subgroup subject to annual or biennial (once every 2 years) monitoring 
frequencies, the percent leaking valves shall be the arithmetic average 
of the percent leaking valves from the last three consecutive 
monitoring periods.
    (3)(i) Nonrepairable valves shall be included in the calculation of 
percent leaking valves the first time the valve is identified as 
leaking and nonrepairable and as required to comply with paragraph 
(h)(3)(ii) of this section. Otherwise, a number of nonrepairable valves 
(identified and included in the percent leaking calculation in a 
previous period) up to a maximum of 1 percent of the total number of 
valves in organic HAP service at a process may be excluded from 
calculation of percent leaking valves for subsequent monitoring 
periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total

[[Page 68875]]

number of valves in organic HAP service at a process, the number of 
nonrepairable valves exceeding 1 percent of the total number of valves 
in organic HAP service shall be included in the calculation of percent 
leaking valves.
    (i) For purposes of this subpart, under Sec. 63.171(a), delay of 
repair of equipment for which leaks have been detected is also allowed 
if the owner or operator determines that repair personnel would be 
exposed to an immediate danger if attempting to repair without a 
process unit shutdown. Repair of this equipment delayed for this reason 
shall also occur by the end of the next scheduled process unit 
shutdown.
    (j) Under Sec. 63.172, Closed-vent systems and control devices, 
owners or operators may, instead of complying with the provisions of 
Sec. 63.172(f), design a closed-vent system to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gage or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the associated control 
device is operating.
    (k) Under Sec. 63.174(b), owners or operators shall use the 
monitoring intervals specified in paragraphs (k)(1) through (k)(5) of 
this section instead of the monitoring intervals specified in 
Sec. 63.174(b)(3)(i) through (b)(3)(iv) for purposes of this subpart.
    (1) Once per year (i.e., 12-month period), if the percent leaking 
connectors in the APPU was 0.5 percent or greater during the last 
required annual or biennial monitoring period.
    (2) Once every 4 years, if the percent leaking connectors in the 
APPU was less than 0.5 percent, but equal to or greater than 0.25 
percent, during the last required monitoring period. An owner or 
operator may comply with the requirements of this paragraph by 
monitoring at least 40 percent of the connectors in the first 2 years 
and the remainder of the connectors within the next 2 years.
    (3) Once every 8 years, if the percent leaking connectors in the 
APPU was less than 0.25 percent during the last required monitoring 
period. An owner or operator shall monitor at least 50 percent of the 
connectors in the first 4 years and the remainder of the connectors 
within the next 4 years. If the percent leaking connectors in the first 
4 years is equal to or greater than 0.35 percent, the monitoring 
program shall revert at that time to the monitoring frequency specified 
in paragraph (k)(2) of this section if the percent leaking connectors 
is equal to or greater than 0.35 percent but less than 0.5 percent, the 
monitoring frequency specified in paragraph (k)(4) of this section if 
the percent leaking connectors is equal to or greater than 0.5 percent 
but less than 1.0 percent, or the monitoring frequency specified in 
paragraph (k)(5) of this section if the percent leaking connectors is 
equal to or greater than 1.0 percent.
    (4) The owner or operator shall increase the monitoring frequency 
to once every 2 years for the next monitoring period if leaking 
connectors comprise at least 0.5 percent but less than 1.0 percent of 
the connectors monitored within the 4 years specified in paragraph 
(k)(2) of this section or the first 4 years specified in paragraph 
(k)(3) of this section. At the end of that 2 year monitoring period, 
the owner or operator shall monitor once per year while the percent 
leaking connectors is greater than or equal to 0.5 percent; if the 
percent leaking connectors is less than 0.5 percent, the owner or 
operator may return to monitoring once every 4 years or, if 
appropriate, once every 8 years in accordance with paragraph (k)(3) of 
this section.
    (5) If an owner or operator complying with the requirements of 
paragraph (k)(2) or (k)(3) of this section for a APPU determines that 1 
percent or greater of the connectors are leaking, the owner or operator 
shall increase the monitoring frequency to one time per year. The owner 
or operator may again elect to use the provisions of paragraph (k)(2) 
or (k)(3) of this section after a monitoring period in which less than 
0.5 percent of the connectors are determined to be leaking.
    (l) When complying with Sec. 63.174(c), days that the connectors 
are not in organic HAP service shall not be considered part of the 3 
month period in Sec. 63.174(e).
    (m) In addition to the requirements of Sec. 63.181(b), the owner or 
operator may develop a written procedure that identifies the conditions 
that justify a delay of repair. The written procedures may be included 
as part of the startup/shutdown/malfunction plan, required by 
Sec. 63.1419(b)(1), for the source or may be part of a separate 
document that is maintained at the plant site. Reasons for delay of 
repair may be documented by citing the relevant sections of the written 
procedure.
    (n) Owners and operators of an affected source subject to this 
subpart are not required to submit the Initial Notification required by 
Secs. 63.182(a)(1) and 63.182(b).
    (o) As specified in Sec. 63.1419(e)(5), the Notification of 
Compliance Status required by paragraphs Secs. 63.182(a)(2) and 
63.182(c) shall be submitted within 150 days (rather than 90 days) of 
the applicable compliance date specified in Sec. 63.1401 for the 
equipment leak provisions.
    (p) The required information specified by Secs. 63.182(a)(3) and 
63.182(d) (i.e., Periodic Reports) shall be submitted as part of the 
Periodic Reports required by Sec. 63.1419(e)(6).
    (q) In addition to the requirements of Sec. 63.181(b)(1)(i), the 
owner or operator shall complete a list for each type of equipment no 
later than the completion of the initial survey required for that 
component. The list of identification numbers shall be updated, if 
needed, to incorporate equipment changes within 15 calendar days of the 
completion of each monitoring survey for the type of equipment 
component monitored.
    (r) When the provisions of subpart H of this part 63 specify that 
Method 18, 40 CFR part 60, appendix A, shall be used, the methods 
specified in Sec. 63.1417(b) shall be used for the purposes of this 
subpart.


Sec. 63.1416  [Reserved]


Sec. 63.1417  Test methods and compliance procedures.

    (a) General. Except as specified in paragraph (a)(5) of this 
section, the procedures specified in paragraphs (c), (d), (e), and (f) 
of this section are required to demonstrate initial compliance with 
Secs. 63.1404, 63.1405, 63.1406 and 63.1407, and Sec. 63.1414, 
respectively. The provisions in paragraphs (a)(1) through (a)(4) of 
this section of this section also apply to design evaluations and 
performance tests that are specified in paragraphs (c), (d), (e), and 
(f) of this section. The provisions in paragraph (a)(6) of this section 
are used to demonstrate initial compliance with the alternative 
standards specified in Secs. 63.1404(c), 63.1405(f), 63.1406(d), and 
63.1407(d). The provisions of paragraph (a)(7) of this section specify 
testing requirements for condensers.
    (1) Small control devices and large control devices. In meeting the 
requirements of this section, owners or operators are not required to 
conduct a performance test for a small control device. As specified in 
the appropriate paragraphs within this section, owners or operators 
shall either conduct a design evaluation following the procedures in 
paragraph (a)(2) of this section or, for batch process vents only, 
shall estimate emissions using the procedures in paragraph (e)(3) of 
this section. An owner or operator may choose to conduct a performance 
test for

[[Page 68876]]

a small control device and such a performance test shall follow the 
procedures specified in paragraph (c), (d), (e), or (f), as 
appropriate. Whenever a small control device becomes a large control 
device, the owner or operator shall conduct a performance test to 
verify continued compliance with this section. Notification that such a 
performance test is required, the site-specific test plan, and the 
results of the performance test shall be provided to the Administrator 
as specified in Sec. 63.1419.
    (2) Design evaluation. To demonstrate the organic HAP removal 
efficiency for a control device, a design evaluation must address the 
composition and organic HAP concentration of the vent stream(s) 
entering the control device. A design evaluation also must address 
other vent stream characteristics and control device operating 
parameters as specified in any one of paragraphs (a)(2)(i) through 
(a)(2)(vi) of this section, depending on the type of control device 
that is used. If the vent stream(s) is not the only inlet to the 
control device, the efficiency demonstration also must consider all 
other vapors, gases, and liquids, other than fuels, received by the 
control device.
    (i) For a scrubber, the design evaluation shall consider the vent 
stream composition; constituent concentrations; liquid-to-vapor ratio; 
scrubbing liquid flow rate and concentration; temperature; and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream 
organic compound concentration level and will include the additional 
information in paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) of this section 
for trays and a packed column scrubber:
    (A) Type and total number of theoretical and actual trays; and
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (ii) For a condenser, the design evaluation shall consider the vent 
stream flow rate, relative humidity, and temperature and shall 
establish the design outlet organic HAP compound concentration level, 
design average temperature of the condenser exhaust vent stream, and 
the design average temperatures of the coolant fluid at the condenser 
inlet and outlet. The temperature of the gas stream exiting the 
condenser must be measured and used to establish the outlet organic HAP 
concentration.
    (iii) For a carbon adsorption system that regenerates the carbon 
bed directly onsite in the control device such as a fixed-bed adsorber, 
the design evaluation shall consider the vent stream flow rate, 
relative humidity, and temperature and shall establish the design 
exhaust vent stream organic compound concentration level, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration stream mass or volumetric flow over the period of each 
complete carbon bed regeneration cycle, design carbon bed temperature 
after regeneration, design carbon bed regeneration time, and design 
service life of carbon. For vacuum desorption, the pressure drop shall 
be included.
    (iv) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of carbon bed, type and working capacity of activated 
carbon used for carbon bed, and design carbon replacement interval 
based on the total carbon working capacity of the control device and 
source operating schedule.
    (v) For an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 deg.C, the design 
evaluation must document that these conditions exist.
    (vi) For a combustion control device that does not satisfy the 
criteria in paragraph (a)(2)(v) of this section, the design evaluation 
must address the following characteristics, depending on the type of 
control device:
    (A) For a thermal vapor incinerator, the design evaluation must 
consider the autoignition temperature of the organic HAP, must consider 
the vent stream flow rate, and must establish the design minimum and 
average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream flow rate and shall establish the design 
minimum and average temperatures across the catalyst bed inlet and 
outlet.
    (C) For a boiler or process heater, the design evaluation shall 
consider the vent stream flow rate; shall establish the design minimum 
and average flame zone temperatures and combustion zone residence time; 
and shall describe the method and location where the vent stream is 
introduced into the flame zone.
    (3) Performance testing shall be conducted in accordance with 
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h), 
with the exceptions specified in paragraphs (a)(3)(i) through 
(a)(3)(iv) of this section. Data shall be reduced in accordance with 
the EPA approved methods specified in the applicable subpart or, if 
other test methods are used, the data and methods shall be validated 
according to the protocol in Method 301 of appendix A of this part. 
Sections 63.1404 through 63.1414 also contain specific testing 
requirements.
    (i) Performance tests shall be conducted according to the 
provisions of Sec. 63.7(e)(1) and (e)(2), except that performance tests 
shall be conducted at maximum representative operating conditions 
achievable during one of the time periods described in paragraph 
(a)(3)(i)(A) or (a)(3)(i)(B) of this section, without necessitating 
that the owner or operator make product in excess of demand:
    (A) The 6-month period that ends on the date that the Notification 
of Compliance Status is due, according to Sec. 63.1419(e)(5); or
    (B) The 6-month period that begins 3 months before the performance 
test and ends 3 months after the performance test.
    (ii) When Sec. 63.7(g) references the Notification of Compliance 
Status requirements in Sec. 63.9(h), the requirements in 
Sec. 63.1419(e)(5) shall apply for purposes of this subpart.
    (iii) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled to allow the Administrator the 
opportunity to have an observer present during the test.
    (iv) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec. 63.7(a)(2) of subpart 
A.
    (v) A site-specific test plan shall be submitted to the 
Administrator for approval prior to testing in accordance with 
Secs. 63.7(c) and 63.1419(e)(7)(ii). The test plan shall include a 
description of the planned test and rationale for why the planned 
performance test will provide adequate and representative results for 
demonstrating the performance of the control device. If required, the 
test plan shall include an emission profile and rationale for why the 
selected test period is representative.

[[Page 68877]]

    (4) Percent oxygen correction for combustion control devices. If 
the control device is a combustion device, total organic HAP 
concentrations must be corrected to 3 percent oxygen. The integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A, shall be used to determine the actual oxygen concentration 
(%02d). The samples shall be taken during the same time that 
the total organic HAP samples are taken. The concentration corrected to 
3 percent oxygen (Cc) shall be computed using Equation 3 of 
this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.004

Where:

Cc = concentration of total organic HAP corrected to 3 
percent oxygen, dry basis, ppmv.
Cm = total concentration of TOC in vented gas stream, 
average of samples, dry basis, ppmv.
%02d = concentration of oxygen measured in vented gas 
stream, dry basis, percent by volume.

    (5) Exemptions from compliance demonstrations. An owner or operator 
using any control device specified in paragraphs (a)(5)(i) through 
(a)(5)(iv) of this section is exempt from the initial compliance 
provisions in paragraphs (c), (d), (e), and (f) of this section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (iv) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (6) Initial compliance with alternative standard. Initial 
compliance with the alternative standards in Secs. 63.1404(c), 
63.1405(f), 63.1406(d), and 63.1407(d) is demonstrated when the outlet 
organic HAP concentration is 20 ppmv or less. To demonstrate initial 
compliance, the owner or operator shall be in compliance with the 
monitoring provisions in Sec. 63.1418(i) on the initial compliance 
date.
    (7) Testing requirements for condensers. For vent streams 
controlled using condensers, continuous direct measurement of condenser 
outlet gas temperature to be used in determining concentrations is 
allowed in lieu of concentration measurements.
    (b) Test methods. When directed by any section of this subpart to 
conduct a performance test using the procedures specified in this 
paragraph (b), the owner or operator shall use the test methods 
specified in paragraphs (b)(1) through (b)(8) of this section. 
Otherwise, the owner or operator shall use the test methods 
specifically referred to by other sections of this subpart, or 
specifically referred to by sections of other subparts of this part 
referenced by sections of this subpart.
    (1) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. No traverse is necessary when Method 2A or 2D, 
40 CFR part 60, appendix A, is used to determine gas stream volumetric 
flow rate.
    (2) Determination of the average batch vent flow rate for a batch 
emission episode shall be made using the procedures specified in 
paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
    (i) The volumetric flow rate (FRi) for a batch emission 
episode, in standard cubic meters per minute (scmm) at 20 deg. C, shall 
be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix 
A, as appropriate.
    (ii) The volumetric flow rate of a representative batch emission 
episode shall be measured every 15 minutes.
    (iii) The average batch vent flow rate for a batch emission episode 
shall be calculated using Equation 4 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.002

Where:

AFRepisode = Average batch vent flow rate for the batch 
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission 
episode.

    (3) EPA Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, is 
used for velocity and volumetric flow rates.
    (4) EPA Method 3 of 40 CFR part 60, appendix A, is used for gas 
analysis.
    (5) EPA Method 4 of 40 CFR, part 60, appendix A, is used for stack 
gas moisture.
    (6) The methods specified in paragraphs (b)(6)(i) through 
(b)(6)(iii) of this section shall be used to determine the HAP 
concentration.
    (i) Method 316 or Method 320 of 40 CFR part 60, appendix A, shall 
be used to determine the concentration of formaldehyde.
    (ii) Method 18 of 40 CFR part 60, appendix A, shall be used to 
determine the concentration of all organic HAP other than formaldehyde.
    (iii) Method 308 of 40 CFR part 60, appendix A, may be used as an 
alternative to Method 18 of 40 CFR part 60, appendix A, to determine 
the concentration of methanol.
    (7) If an integrated sample is taken over the entire batch emission 
episode to determine the average batch vent concentration of total 
organic HAP, emissions shall be calculated using Equation 5 of this 
subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.003

Where:

Eepisode = Emissions, kg/episode.
K = Constant, 2.494 x 10 -6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20  deg.C.
Cj = Average batch vent concentration of sample organic HAP 
component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of sample organic HAP component j of 
the gas stream, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream.

    (8) If grab samples are taken to determine the average batch vent

[[Page 68878]]

concentration of total organic HAP, emissions shall be calculated 
according to paragraphs (b)(8)(i) and (b)(8)(ii) of this section.
    (i) For each measurement point, the emission rate shall be 
calculated using Equation 6 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.005

Where:

Epoint = Emission rate for individual measurement point, kg/
hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) (kg/gm) 
(min/hr), where standard temperature is 20  deg.C.
Cj = Concentration of sample organic HAP component j of the 
gas stream, dry basis, ppmv.
Mj = Molecular weight of sample organic HAP component j of 
the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis, 
scmm.
n = Number of organic HAP in stream.

    (ii) The emissions per batch emission episode shall be calculated 
using Equation 7 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.006

Where:

Eepisode = Emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Ei = Emissions for measurement point i, kg/hr.
n = Number of measurements.

    (c) Initial compliance with storage tank provisions. As specified 
in Sec. 63.1404, initial compliance with the control requirements of 
Sec. 63.1404 shall be demonstrated using the procedures specified in 
Secs. 63.120 and 63.121, as appropriate. For owners or operators 
complying with Sec. 63.1404(f), initial compliance with the alternative 
standard shall be demonstrated as specified in paragraph (a)(6) of this 
section.
    (d) Initial compliance with continuous process vent provisions. As 
specified in Sec. 63.1405, initial compliance with the control 
requirements of Sec. 63.1405 shall be demonstrated using the procedures 
specified in Sec. 63.116. For owners or operators complying with 
Sec. 63.1405(f), initial compliance with the alternative standard shall 
be demonstrated as specified in paragraph (a)(6) of this section.
    (e) Initial compliance with batch process vent provisions. An owner 
or operator of an affected source complying with the batch process vent 
standards in Sec. 63.1406 or Sec. 63.1407 shall demonstrate compliance 
using the procedures described in paragraphs (e)(1) through (e)(6) of 
this section.
    (1) Except as provided in paragraph (a)(5) of this section, initial 
compliance with the batch process vent standards in Sec. 63.1406 or 
Sec. 63.1407 shall be demonstrated as specified in paragraphs (e)(1)(i) 
through (e)(1)(iii), as applicable.
    (i) Initial compliance with the alternative standard specified in 
Secs. 63.1406(d) and 63.1407(d) shall be demonstrated as specified in 
paragraph (a)(6) of this section.
    (ii) Initial compliance with the kilogram of HAP per megagram of 
product emission limits in Sec. 63.1406 shall be demonstrated using the 
procedures in paragraph (e)(2) of this section.
    (iii) Initial compliance with the percent reduction requirements in 
Sec. 63.1406 or Sec. 63.1407 shall be demonstrated using the procedures 
in paragraph (e)(5) of this section.
    (2) Each owner or operator shall determine continuous compliance 
with the kilogram of HAP per megagram of product emission limits 
specified in Sec. 63.1406 by using the procedures in paragraphs 
(e)(2)(i) through (e)(2)(iii) of this section. For the first year, the 
owner or operator shall calculate a rolling average monthly emission 
rate each month based on the available data points (e.g., 5 data points 
after 5 months of operation). After the first year, a 12-month rolling 
average monthly emission rate shall be calculated each month based on 
the previous 12 monthly averages. Each month the average monthly 
emission rate shall be compared to the emission limit specified in 
Sec. 63.1406. If the average monthly emission rate is greater than the 
specified emission limit, a violation of the emission limit has 
occurred, as described in Sec. 63.1418(l).
    (i) The monthly emission rate, kilograms of HAP per megagram of 
product, shall be determined at the end of each month using Equation 8 
of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.007

Where:

ER = Emission rate of organic HAP from reactor batch process vents, kg 
of HAP/Mg product.
Ei = Emission rate of organic HAP from reactor batch process 
vent i as determined using the procedures specified in paragraph 
(e)(2)(ii) of this section, kg/month.
RPM = Amount of resin produced in one month as determined 
using the procedures specified in paragraph (e)(2)(iii) of this 
section, Mg/month.
n = Number of batch process vents.

    (ii) The emission rate of organic HAP, in kilograms per batch 
cycle, from an individual batch process vent shall be determined based 
on either a performance test or design evaluation, as specified in 
paragraph (e)(2)(ii)(A) or (e)(2)(ii)(B) of this section. The monthly 
emission rate of organic HAP, in kilograms per month, from an 
individual batch process vent shall be determined 0using Equation 9 of 
this subpart and the procedures specified in paragraph (e)(2)(ii)(C) of 
this section:
[GRAPHIC] [TIFF OMITTED] TP14DE98.008

Where:

Ei = Monthly emissions from a batch process vent, kg/month.
Ni = Number of type i batch cycles performed monthly, 
cycles/month.
Ecycle i = Emissions from the batch process vent associated 
with a single type i batch cycle, as determined using the procedures 
specified in either paragraph (e)(2)(ii)(A) or (e)(2)(ii)(B) of this 
section, kg/batch cycle.
n = Number of different types of batch cycles that cause the emission 
of organic HAP from the batch process vent.
    (A) For reactor batch process vents estimated through engineering 
assessment, as described in paragraph (e)(3)(vi) of this section, to 
emit less than 10 tons per year of uncontrolled emissions, the owner or 
operator may use either the procedures specified in paragraph (e)(3) of 
this section or engineering assessment to determine the emissions per 
batch cycle.
    (B) For reactor batch process vents estimated through engineering 
assessment, as described in paragraph (e)(3)(vi) of this section, to 
emit 10 tons per year or greater of uncontrolled emissions, emissions 
shall be estimated using the procedures specified in paragraph (e)(3) 
of this section.
    (C) Once emissions for a reactor batch process vent have been 
estimated as specified in either paragraph (e)(2)(ii)(A) or 
(e)(2)(ii)(B) of this section, the owner or operator may use the 
estimated emissions to determine Ei using Equation 9 of this 
subpart until the estimated emissions are no longer representative due 
to a process change or other reason known to the owner or operator.

[[Page 68879]]

    (iii) The rate of resin produced, RPM (Mg/month), shall 
be determined based on production records certified by the owner or 
operator to represent actual production for the month. A sample of the 
records selected by the owner or operator for this purpose shall be 
provided to the Administrator in the Precompliance Report, as specified 
in Sec. 63.1419(e)(3).
    (3) Uncontrolled emissions. Uncontrolled emissions for individual 
reactor batch process vents or individual non-reactor batch process 
vents shall be determined using the procedures specified in paragraphs 
(e)(3)(i) through (e)(3)(viii) of this section. To estimate emissions 
from a batch emissions episode, owners or operators may use either the 
emissions estimation equations in paragraphs (e)(3)(i) through 
(e)(3)(iv) of this section, or direct measurement as specified in 
paragraph (e)(3)(v) of this section. Engineering assessment may be used 
to estimate emissions from a batch emission episode only under the 
conditions described in paragraph (e)(3)(vi) of this section. In using 
the emissions estimation equations in paragraphs (e)(3)(i) through 
(e)(3)(iv) of this section, individual component vapor pressure and 
molecular weight may be obtained from standard references. Methods to 
determine individual HAP partial pressures in multicomponent systems 
are described in paragraph (e)(3)(ix) of this section. Other variables 
in the emissions estimation equations may be obtained through direct 
measurement, as defined in paragraph (e)(3)(v) of this section, through 
engineering assessment, as defined in paragraph (e)(3)(vi)(B) of this 
section, by process knowledge, or by any other appropriate means. 
Assumptions used in determining these variables must be documented. 
Once emissions for the batch emission episode have been determined 
using either the emissions estimation equations, direct measurement, or 
engineering assessment, emissions from a batch cycle shall be 
calculated in accordance with paragraph (e)(3)(vii) of this section, 
and annual emissions from the batch process vent shall be calculated in 
accordance with paragraph (e)(3)(viii) of this section.
    (i) Organic HAP emissions from the purging of an empty vessel shall 
be calculated using Equation 10 of this subpart. Equation 10 of this 
subpart does not take into account evaporation of any residual liquid 
in the vessel:
[GRAPHIC] [TIFF OMITTED] TP14DE98.009

Where:

E episode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = Total organic HAP partial pressure, kPa.
    MWwavg = Weighted average molecular weight of organic 
HAP in vapor, determined in accordance with paragraph (e)(3)(iv)(A)(4) 
of this section, kg/kmol.
R = Ideal gas constant, 8.314 m3kPa/kmolK.
T = Temperature of vessel vapor space, K.
m = Number of volumes of purge gas used.
(ii) Organic HAP emissions from the purging of a filled vessel shall be 
calculated using Equation 11 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.010

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m3/min.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
vapor, determined in accordance with paragraph (e)(3)(iv)(A)(4) of this 
section, kg/kmol.
R = Ideal gas constant, 8.314 m3kPa/kmolK.
T = Temperature of vessel vapor space, K.
Pi = Vapor pressure of individual organic HAP i, kPa.
xi = Mole fraction of organic HAP i in the liquid.
n = Number of organic HAP in stream.
Tm = Minutes/episode.

    (iii) Emissions from vapor displacement due to transfer of material 
into or out of a vessel shall be calculated using Equation 12 of this 
subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.011

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
vapor, determined in accordance with paragraph (e)(3)(iv)(A)(4) of this 
section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
T = Temperature of vessel vapor space, K.

    (iv) Emissions caused by the heating of a vessel shall be 
calculated using the procedures in either paragraph (e)(3)(iv)(A), 
(e)(3)(iv)(B), or (e)(3)(iv)(C) of this section, as appropriate.

[[Page 68880]]

    (A) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using the equations in paragraphs 
(e)(3)(iv)(A)(1) through (e)(3)(iv)(A)(4) of this section.
    (1) Emissions caused by heating of a vessel shall be calculated 
using Equation 13 of this subpart. The assumptions made for this 
calculation are atmospheric pressure of 760 millimeters of mercury (mm 
Hg) and the displaced gas is always saturated with volatile organic 
compounds (VOC) vapor in equilibrium with the liquid mixture:
[GRAPHIC] [TIFF OMITTED] TP14DE98.012

Where:

Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial 
pressure (kPa) of each organic HAP i in the vessel headspace at initial 
(T1) and final (T2) temperature.
n = Number of organic HAP in stream.
 = Number of kilogram-moles (kg-moles) of gas 
displaced, determined in accordance with paragraph (e)(3)(iv)(A)(2) of 
this section.
101.325 = Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2) = Weighted average 
molecular weight of total organic HAP in the displaced gas stream, 
determined in accordance with paragraph (e)(3)(iv)(A)(4) of this 
section, kg/kmol.

    (2) The moles of gas displaced, , is calculated 
using Equation 14 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.013

Where:

 = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
Pa1 = Initial noncondensible gas partial pressure in the 
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.

    (3) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using Equation 15 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.014

Where:

Pa = Initial or final partial pressure of noncondensible gas in the 
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of each organic HAP i in 
the vessel headspace, kPa, at the initial or final temperature (T1 or 
T2).
n = Number of organic HAP in stream.

    (4) The weighted average molecular weight of organic HAP in the 
displaced gas, MWwavg, shall be calculated using Equation 16 
of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.015

Where:

C = Organic HAP component.
n = Number of organic HAP components in stream.

    (B) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (e)(3)(iv)(B)(1) and (e)(3)(iv)(B)(2) of 
this section.
    (1) For the interval from the initial temperature to the 
temperature 50 K below the boiling point, emissions shall be calculated 
using Equation 13 of this subpart, where T2 is the 
temperature 50 K below the boiling point.
    (2) For the interval from the temperature 50 K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5 K increment, where the emissions for 
each increment shall be calculated using Equation 13 of this subpart.
    (i) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
    (ii) If the final temperature of the heatup is higher than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the temperature 5 K below the boiling point, even if the last 
increment is less than 5 K.
    (iii) If the vessel contents are heated to the boiling point and 
the vessel is not operating with a condenser, the final temperature for 
the final increment shall be the temperature 5 K below the

[[Page 68881]]

boiling point, even if the last increment is less than 5 K.
    (C) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the process condenser, as 
defined in Sec. 63.1402, is considered part of the process. Emissions 
shall be calculated as the sum of emissions calculated using Equation 
13 of this subpart, which calculates emissions due to heating the 
vessel contents to the temperature of the gas existing the condenser, 
and emissions calculated using Equation 12 of this subpart, which 
calculates emissions due to the displacement of the remaining saturated 
noncondensible gas in the vessel. The final temperature in Equation 13 
of this subpart shall be set equal to the exit gas temperature of the 
condenser. Equation 12 of this subpart shall be used as written below 
in Equation 17 of this subpart, using free space volume, and T is set 
equal to the condenser exit gas temperature:
[GRAPHIC] [TIFF OMITTED] TP14DE98.016

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all organic HAP in vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of organic HAP in 
vapor, determined in accordance with paragraph (e)(3)(iv)(A)(4) of this 
section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
T = Temperature of condenser exit stream, K.

    (v) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. The procedures specified in 
paragraph (b) of this section shall be used for direct measurement. If 
direct measurement is used, the owner or operator shall perform a test 
for the duration of a representative batch emission episode. 
Alternatively, the owner or operator may perform a test during only 
those periods of the batch emission episode for which the emission rate 
for the entire episode can be determined or for which the emissions are 
greater than the average emission rate of the batch emission episode. 
The owner or operator choosing either of these alternative options 
shall develop an emission profile for the entire batch emission 
episode, based on either process knowledge or test data collected, to 
demonstrate that test periods are representative. The emission profile 
shall be included in the site-specific test plan required by 
Sec. 63.1419(e)(7)(ii), as specified by paragraph (a)(3)(v) of this 
section. Examples of information that could constitute process 
knowledge include calculations based on material balances and process 
stoichiometry. Previous test results may be used to develop the 
emission profile provided the results are still relevant to the current 
batch process vent conditions.
    (vi) Engineering assessment may be used to estimate emissions from 
a batch emission episode, if the criteria in paragraph (e)(3)(vi)(A) of 
this section are met. Data or other information used to demonstrate 
that the criteria in paragraph (e)(3)(vi)(A) of this section have been 
met shall be reported as specified in paragraph (e)(3)(vi)(C) of this 
section. Paragraph (e)(3)(vi)(B) of this section defines engineering 
assessment, for the purposes of estimating emissions from a batch 
emissions episode. All data, assumptions, and procedures used in an 
engineering assessment shall be documented.
    (A) If the criteria specified in paragraphs (e)(3)(vi)(A)(1), 
(e)(3)(vi)(A)(2), and (e)(3)(vi)(A)(3) of this section are met for a 
specific batch emission episode, the owner or operator may use 
engineering assessment, as described in paragraph (e)(3)(vi)(B) of this 
section, to estimate emissions from that batch emission episode, and 
the owner or operator is not required to use the emissions estimation 
equations described in paragraphs (e)(3)(i) through (e)(3)(iv) of this 
section to estimate emissions from that batch emission episode.
    (1) Previous test data, where the measurement of organic HAP 
emissions was an outcome of the test, show a greater than 20 percent 
discrepancy between the test value and the value estimated using the 
applicable equations in paragraphs (e)(3)(i) through (e)(3)(iv) of this 
section. Paragraphs (e)(3)(vi)(A)(1)(i) and (e)(3)(vi)(A)(1)(ii) of 
this section describe test data that will be acceptable under this 
paragraph (e)(3)(vi)(A)(1).
    (i) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (ii) Test data obtained for a batch emission episode from another 
process train, where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence 
of process steps (e.g., reaction, distillation, etc.) of the equipment 
in the other process train.
    (2) Previous test data obtained during the production of the 
product for which the demonstration is being made, for the batch 
emission episode with the highest organic HAP emissions on a mass 
basis, show a greater than 20 percent discrepancy between the test 
value and the value estimated using the applicable equations in 
paragraphs (e)(3)(i) through (e)(3)(iv) of this section. If the 
criteria in this paragraph (e)(3)(vi)(A)(2) are met, then engineering 
assessment may be used for all batch emission episodes associated with 
that batch cycle for the batch unit operation.
    (3) The owner or operator has requested and been granted approval 
to use engineering assessment to estimate emissions from a batch 
emissions episode. The request to use engineering assessment to 
estimate emissions from a batch emissions episode shall contain 
sufficient information and data to demonstrate to the Administrator 
that engineering assessment is an accurate means of estimating 
emissions for that particular batch emissions episode. The request to 
use engineering assessment to estimate emissions for a batch emissions 
episode shall be submitted in the Precompliance Report required under 
Sec. 63.1419(e)(3).
    (B) Engineering assessment includes, but is not limited to, the 
following:
    (1) Previous test results, provided the tests are representative of 
current operating practices;
    (2) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions;
    (3) Flow rate or organic HAP emission rate specified or implied 
within a

[[Page 68882]]

permit limit applicable to the batch process vent; and
    (4) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (i) Use of material balances;
    (ii) Estimation of flow rate based on physical equipment design 
such as pump or blower capacities;
    (iii) Estimation of organic HAP concentrations based on saturation 
conditions; and
    (iv) Estimation of organic HAP concentrations based on grab samples 
of the liquid or vapor.
    (C) Data or other information used to demonstrate that the criteria 
in paragraph (e)(3)(vi)(A) of this section have been met shall be 
reported as specified in paragraphs (e)(3)(vi)(C)(1) and 
(e)(3)(vi)(C)(2) of this section.
    (1) Data or other information used to demonstrate that the criteria 
in paragraphs (e)(3)(vi)(A)(1) and (e)(3)(vi)(A)(2) of this section 
have been met shall be reported in the Notification of Compliance 
Status, as required in Sec. 63.1419(e)(5).
    (2) The request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode as allowed under 
paragraph (e)(3)(vi)(A)(3) of this section, and sufficient data or 
other information for demonstrating to the Administrator that 
engineering assessment is an accurate means of estimating emissions for 
that particular batch emissions episode, shall be submitted with the 
Precompliance Report, as required in Sec. 63.1419(e)(3).
    (vii) For each batch process vent, the organic HAP emissions 
associated with a single batch cycle shall be calculated using Equation 
18 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.017

Where:

Ecycle = Emissions for an individual batch cycle, kg/batch 
cycle.
Eepisode i = Emissions from batch emission episode i, kg/
episode.
n = Number of batch emission episodes for the batch cycle.

    (viii) Annual organic HAP emissions from a batch process vent shall 
be calculated using Equation 19 of this subpart:

[GRAPHIC] [TIFF OMITTED] TP14DE98.018

Where:

AE = Annual emissions from a batch process vent, kg/yr.
Ni = Number of type i batch cycles performed annually, 
cycles/year.
Ecycle i = Emissions from the batch process vent associated 
with a single type i batch cycle, as determined in paragraph 
(e)(3)(vii) of this section, kg/batch cycle.
n = Number of different types of batch cycles that cause the emission 
of organic HAP from the batch process vent.

    (ix) Individual HAP partial pressures in multicomponent systems 
shall be determined using the appropriate method specified in 
paragraphs (e)(3)(ix)(A) through (e)(3)(ix)(C) of this section:
    (A) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (B) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (C) If Raoult's law or Henry's law are not appropriate or 
available, the owner or operator may use any of the options in 
paragraphs (e)(3)(ix)(C)(1), (e)(3)(ix)(C)(2), and (e)(3)(ix)(C)(3) of 
this section:
    (1) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (2) Models, such as group-contribution models, to predict activity 
coefficients; or
    (3) Assume the components of the system behave independently and 
use the summation of all vapor pressures from the HAPs as the total HAP 
partial pressure.
    (4) [Reserved]
    (5) Batch process vent testing and procedures for compliance with 
Sec. 63.1406 or Sec. 63.1407. Owners or operators shall comply with the 
procedures specified in paragraph (e)(5)(i) or (e)(5)(ii) of this 
section in order to determine the control efficiency of the control 
device. Owners or operators using a small control device shall follow 
the procedures in paragraph (e)(5)(i) of this section. Owners or 
operators using a large control device shall follow the procedures in 
paragraph (e)(5)(ii) of this section. An owner or operator shall 
determine the percent reduction for the batch cycle for an individual 
reactor batch process vent when complying with Sec. 63.1406, and shall 
determine the overall percent reduction for the collection of non-
reactor batch process vents within the affected source when complying 
with Sec. 63.1407, using the procedures specified in paragraph 
(e)(5)(iii) of this section. For purposes of this paragraph (e)(5), the 
term ``batch emission episode'' shall have the meaning ``period of the 
batch emission episode selected for control,'' which may be the entire 
batch emission episode or may only be a portion of the batch emission 
episode.
    (i) Small control devices. The control efficiency for a small 
control device shall be determined through the design evaluation 
procedures described in paragraphs (e)(5)(i)(A) through (e)(5)(i)(C) of 
this section or by conducting a performance test in accordance with 
paragraph (e)(5)(ii) of this section.
    (A) Design evaluation. The design evaluation shall include 
documentation demonstrating the control device efficiency to be used in 
paragraph (e)(5)(iii) of this section for determining the percent 
reduction for the batch cycle for an individual reactor batch process 
vent when complying with Sec. 63.1406 or the overall percent reduction 
for the collection of non-reactor batch process vents within the 
affected source when complying with Sec. 63.1407. This documentation 
shall comply with the provisions in paragraph (a)(2) of this section. 
The design evaluation shall also include the value(s) and basis for the 
parameter monitoring level(s) required by Sec. 63.1418. The design 
evaluation shall comply with either paragraph (e)(5)(i)(B) or 
(e)(5)(i)(C) of this section. Owners or operators shall comply with 
paragraph (e)(5)(i)(B) of this section when the control device 
efficiency to be used in paragraph (e)(5)(iii) of this section varies 
between batch emission episodes or varies within a batch emission 
episode. Paragraph (e)(5)(i)(C) of this section shall be complied with 
when an owner or operator chooses to demonstrate that the control 
device achieves the same or better efficiency for all emissions 
selected for control.
    (B) The design evaluation shall address the control device 
efficiency for each batch emission episode that the owner or operator 
selects to control.
    (C) The design evaluation shall demonstrate that the control device 
achieves the same or higher efficiency for all emissions that the owner 
or operator selects to control.
    (ii) Large control devices. The control efficiency for a large 
control device shall be determined by conducting a performance test. 
Performance tests shall be conducted as specified in paragraph 
(e)(5)(ii)(A) or (e)(5)(ii)(B) of this section. An owner or operator 
may test some batch emission episodes following the procedures in 
paragraph (e)(5)(ii)(A) of this section and may test others following 
paragraph (e)(5)(ii)(B) of this section; the procedures in

[[Page 68883]]

paragraphs (e)(5)(ii)(A) and (e)(5)(ii)(B) of this section are not 
exclusive of each other. Emissions per batch emission episode shall be 
determined as specified in paragraphs (e)(5)(ii)(C) and (e)(5)(ii)(D) 
of this section. The control efficiency of the control device shall be 
determined as specified in paragraphs (e)(5)(ii)(E) and (e)(5)(ii)(F) 
of this section.
    (A) A performance test shall be performed for each batch emission 
episode, or portion thereof, in the batch cycle for an individual 
reactor batch process vent that the owner or operator selects to 
control as part of achieving the required percent reduction for the 
batch cycle specified in Sec. 63.1406. A performance test shall be 
performed for each batch emission episode, or portion thereof, from 
each non-reactor batch process vent within the affected source that the 
owner or operator selects to control as part of achieving the overall 
percent reduction specified in Sec. 63.1407. Performance tests shall be 
conducted using the procedures specified in paragraph (b) of this 
section and following the procedures in paragraphs (e)(5)(ii)(A)(1) 
through (e)(5)(ii)(A)(4) of this section.
    (1) Only one test (i.e., only one run) is required for each batch 
emission episode selected by the owner or operator for control.
    (2) Except as specified in paragraph (e)(5)(ii)(A)(3) of this 
section, the performance test shall be conducted over the entire period 
of emissions selected by the owner or operator for control.
    (3) An owner or operator may choose to test only those periods of 
the batch emission episode during which the emission rate for the 
entire batch emission episode can be determined or during which the 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing either of these 
options shall develop an emission profile for the entire batch emission 
episode, based on either process knowledge or test data collected, to 
demonstrate that test periods are representative. The emission profile 
shall be included in the site-specific test plan required by 
Sec. 63.1419(e)(7)(ii), as specified by paragraph (a)(3)(v) of this 
section. Examples of information that could constitute process 
knowledge include calculations based on material balances and process 
stoichiometry. Previous test results may be used to develop the 
emission profile provided the results are still relevant to the current 
batch process vent conditions.
    (4) When choosing sampling sites using the methods specified in 
paragraph (b)(1) of this section, inlet sampling sites shall be located 
as specified in paragraphs (e)(5)(ii)(A)(4)(i) and (e)(5)(ii)(A)(4)(ii) 
of this section. Outlet sampling sites shall be located at the outlet 
of the control device prior to release to the atmosphere.
    (i) The control device inlet sampling site shall be located at the 
exit from the batch unit operation, after any process condensers and 
before any control device.
    (ii) If a batch process vent is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP 
concentrations in all batch process vents and primary and secondary 
fuels introduced into the boiler or process heater.
    (B) An owner or operator is not required to conduct a performance 
test for each batch emission episode if the owner or operator can 
demonstrate that control device efficiency determined from a 
performance test on a single batch emission episode is equivalent to or 
less than the control device efficiency that will be achieved for other 
batch emission episodes. Performance tests shall be conducted using the 
procedures specified in paragraph (b) of this section and as specified 
in paragraphs (e)(5)(ii)(B)(1) and (e)(5)(ii)(B)(2) of this section. 
Owners or operators complying with this paragraph (e)(5)(ii)(B) shall 
comply with paragraphs (e)(5)(ii)(B)(3) through (e)(5)(ii)(B)(5) of 
this section. An owner or operator using the procedures specified in 
this paragraph (e)(5)(ii)(B) is restricted to the control device 
efficiency demonstrated during the performance test for the purposes of 
paragraph (e)(5)(iii) of this section.
    (1) A performance test shall be conducted for the batch emission 
episode for which the owner or operator demonstrates that performance 
of the control device will be of equivalent or greater efficiency for 
all other batch emission episodes. For purposes of this paragraph 
(e)(5)(ii)(B)(1), the phrase ``all other batch emission episodes'' is 
restricted to those batch emission episodes for which the owner or 
operator shall use the control device efficiency determined from the 
performance test for compliance demonstration purposes.
    (2) The procedures specified in paragraphs (e)(5)(ii)(A)(1) through 
(e)(5)(ii)(A)(4) shall be followed.
    (3) The owner or operator shall develop an emission profile for the 
emissions venting to the control device in order to demonstrate the 
representativeness of the planned test. The emission profile shall 
include HAP loading rate, expressed as mass per unit time, versus time 
for all batch emission episodes that could vent to the control device. 
The emission profile shall cover a period of time that is sufficient to 
include all batch emission episodes venting to the control device and 
shall consider production scheduling. The HAP emissions for batch 
emission episodes shall be calculated using the procedures specified in 
paragraph (e)(3) of this section. The HAP loading rates for batch 
emission episodes shall be calculated by dividing HAP emissions by the 
duration of the emission events. The emission profile shall be included 
in the site-specific test plan required by Sec. 63.1419(e)(7)(ii), as 
specified by paragraph (a)(3)(v) of this section. Previous test results 
may be used to develop the emission profile provided the results are 
still relevant to the current batch process vent conditions.
    (4) The concept provided by paragraph (e)(5)(ii)(B) of this section 
may be used multiple times to address different sets of batch emission 
episodes within a batch process vent.
    (5) The concept provided by paragraph (e)(5)(ii)(B) of this section 
may be used to address a subset of the total batch emission episodes 
within a batch process vent.
    (C) If an integrated sample is taken over the entire test period to 
determine average batch vent concentration of total organic HAP, 
emissions per batch emission episode shall be calculated using 
Equations 20 and 21 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.019


[[Page 68884]]

[GRAPHIC] [TIFF OMITTED] TP14DE98.020


Where:

Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494  x  10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average inlet or outlet concentration of sample organic 
HAP component j of the gas stream for the batch emission episode, dry 
basis, ppmv.
Mj = Molecular weight of sample organic HAP component j of 
the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch 
emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream.

    (D) If grab samples are taken to determine average batch vent 
concentration of total organic HAP, emissions shall be calculated 
according to paragraphs (e)(5)(ii)(D)(1) and (e)(5)(ii)(D)(2) of this 
section.
    (1) For each measurement point, the emission rates shall be 
calculated using Equations 22 and 23 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.021

[GRAPHIC] [TIFF OMITTED] TP14DE98.022

Where:

Epoint = Inlet or outlet emission rate for the measurement 
point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
(kg/gm) (min/hr), where standard temperature is 20  deg.C.
Cj = Inlet or outlet concentration of sample organic HAP 
component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of sample organic HAP component j of 
the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement point, 
dry basis, scmm.
n = Number of organic HAP in stream.

    (2) The emissions per batch emission episode shall be calculated 
using Equations 24 and 25 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.023

[GRAPHIC] [TIFF OMITTED] TP14DE98.024

Where:

Eepisode = Inlet or outlet emissions, kg/episode.
DUR = Duration of the batch emission episode, hr/episode.
Epoint, i = Inlet or outlet emissions for measurement point 
i, kg/hr.
n = Number of measurements.
(E) The control efficiency for the control device shall be calculated 
using Equation 26 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP14DE98.027

Where:

R = Control efficiency of control device, percent.
Einlet = Mass rate of total organic HAP for batch emission 
episode i at the inlet to the control device as calculated under 
paragraph (e)(5)(ii)(C) or (e)(5)(ii)(D) of this section, kg/hr.
Eoutlet = Mass rate of total organic HAP for batch emission 
episode i at the outlet of the control device, as calculated under 
paragraph (e)(5)(ii)(C) or (e)(5)(ii)(D) of this section, kg/hr.
n = Number of batch emission episodes in the batch cycle selected to be 
controlled.

(F) If the batch process vent entering a boiler or process heater with 
a design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic HAP across the device shall be determined by comparing 
the total organic HAP in all combusted batch process vents and primary 
and secondary fuels with the total organic HAP exiting the combustion 
device, respectively.
(iii) The percent reduction for the batch cycle for an individual 
reactor batch process vent and the overall percent reduction for the 
collection of non-reactor batch process vents within the affected 
source shall be determined using Equation 27 of this subpart and the 
control device efficiencies specified in paragraphs (e)(5)(iii)(A) 
through (e)(5)(iii)(C) of

[[Page 68885]]

this section. All information used to calculate the batch cycle percent 
reduction for an individual reactor batch process vent, including a 
definition of the batch cycle identifying all batch emission episodes, 
shall be recorded as specified in Sec. 63.1408(b)(2). All information 
used to calculate the overall percent reduction for the collection of 
non-reactor batch process vents within the affected source, including a 
list of all batch emission episodes from the collection of non-reactor 
batch process vents within the affected source, shall be recorded as 
specified in Sec. 63.1408(b)(2). This information shall include 
identification of those batch emission episodes, or portions thereof, 
selected for control. This information shall include estimates of 
uncontrolled emissions for those batch emission episodes, or portions 
thereof, that are not selected for control, determined as specified in 
paragraph (e)(5)(iii)(D) or (e)(5)(iii)(E) of this section:
[GRAPHIC] [TIFF OMITTED] TP14DE98.025

Where:

PR = Percent reduction.
Eunc = Mass rate of total organic HAP for uncontrolled batch 
emission episode i, kg/hr.
Einlet, con = Mass rate of total organic HAP for controlled 
batch emission episode i at the inlet to the control device, kg/hr.
R = Control efficiency of control device as specified in paragraphs 
(e)(5)(iii)(A) through (e)(5)(iii)(C) of this section. The value of R 
may vary between batch emission episodes.
n = Number of uncontrolled batch emission episodes, controlled batch 
emission episodes, and control devices. The value of n is not 
necessarily the same for these three items.

    (A) If a performance test is required by paragraph (e)(5)(ii) of 
this section, or if an owner or operator chooses to conduct a 
performance test using the procedures specified in paragraph 
(e)(5)(ii)(A) or (e)(5)(ii)(B) of this section, the control efficiency 
of the control device shall be as determined in paragraph (e)(5)(ii)(E) 
of this section.
    (B) If a performance test is not required by paragraph (e)(5)(ii) 
of this section for a combustion control device, as specified in 
paragraph (a)(5) or (e)(6) of this section, the control efficiency 
shall be 98 percent. The control efficiency for a flare shall be 98 
percent.
    (C) If a performance test is not required by paragraph (e)(5) of 
this section, the control efficiency shall be based on the design 
evaluation specified in paragraph (e)(5)(i) of this section.
    (D) For batch emission episodes estimated through engineering 
assessment, as described in paragraph (e)(3)(vi) of this section, to 
emit less than 10 tons per year of uncontrolled emissions, the owner or 
operator may use either the procedures specified in paragraph (e)(3) of 
this section or engineering assessment to determine the emissions per 
batch cycle.
    (E) For batch emission episodes estimated through engineering 
assessment, as described in paragraph (e)(3)(vi) of this section, to 
emit 10 tons per year or greater of uncontrolled emissions, emissions 
shall be estimated using the procedures specified in paragraph (e)(3) 
of this section.
    (6) An owner or operator is not required to conduct a performance 
test for the following:
    (i) Any control device for which a performance test was conducted 
for determining compliance with a regulation promulgated by the EPA and 
the test was conducted using the same Methods specified in this section 
and either no deliberate process changes have been made since the test, 
or the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes. The results of the previous 
performance test shall be used to demonstrate compliance.
    (ii) A condenser system that is equipped with a temperature sensor 
and recorder, such that the condenser exit gas temperature can be 
measured at 15-minute intervals when the condenser is functioning in 
cooling a vent stream. The condenser exit gas temperature shall be used 
to calculate removal efficiency of the condenser in demonstrating 
compliance.
    (f) Initial compliance with wastewater provisions. As specified in 
Sec. 63.1414, initial compliance with the control requirements of 
Sec. 63.1414 shall be demonstrated using the procedures specified in 
Secs. 63.143 and 63.145, as appropriate.
    (g) Notwithstanding any other provision of this subpart, if an 
owner or operator uses a flare to comply with any of the requirements 
of this subpart, the owner or operator shall comply with paragraphs 
(g)(1) through (g)(3) of this section. The owner or operator is not 
required to conduct a performance test to determine percent emission 
reduction or outlet organic HAP concentration. If a compliance 
demonstration has been conducted previously for a flare, using the 
techniques specified in paragraphs (g)(1) through (g)(3) of this 
section, that compliance demonstration may be used to satisfy the 
requirements of this paragraph if either no deliberate process changes 
have been made since the compliance demonstration, or the results of 
the compliance demonstration reliably demonstrate compliance despite 
process changes:
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.


Sec. 63.1418  Monitoring requirements.

    (a) General requirements. Each owner or operator of an emission 
point located at an affected source that uses a control device to 
comply with the requirements of this subpart and has one or more 
parameter monitoring level requirements specified under this subpart, 
shall install the monitoring equipment specified in paragraph (b) of 
this section in order to demonstrate continued compliance with the 
provisions of this subpart. All monitoring equipment shall be 
installed, calibrated, maintained, and operated according to 
manufacturer's specifications or other written

[[Page 68886]]

procedures that provide adequate assurance that the equipment would 
reasonably be expected to monitor accurately.
    (1) This monitoring equipment shall be in operation at all times 
when emissions that the owner or operator has selected to control, as 
allowed under Secs. 63.1406 and 63.1407, are vented to the control 
device and shall be in operation at all times when emissions that are 
required to be controlled, as required under Secs. 63.1404, 63.1405, 
and 63.1414, are vented to the control device.
    (2) Except as otherwise provided in this subpart, the owner or 
operator shall operate control devices such that the daily average, 
batch cycle daily average, or block average of monitored parameters, 
established as specified in paragraph (c) of this section, remains 
above the minimum level or below the maximum level, as appropriate. The 
option of conducting parameter monitoring for batch process vents on a 
batch cycle daily average basis or a block average basis is described 
in Sec. 63.1408(c).
    (3) As specified in Sec. 63.1419(e)(5), all established parameter 
monitoring levels, along with their supporting documentation and the 
definition of an operating day or block, shall be approved as part of 
and incorporated into the Notification of Compliance Status. The 
definition of operating day or block shall specify the times at which 
an operating day or block begins and ends.
    (4) Parameter monitoring levels may be based upon a prior 
performance test conducted for determining compliance with a regulation 
promulgated by EPA, and the owner or operator is not required to 
conduct a performance test, provided that the prior performance test 
was conducted using the same Methods specified in this subpart and 
either no deliberate process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
    (5) For batch process vents complying with Sec. 63.1417(e)(5), 
parameter monitoring levels established as specified in this section 
shall reflect the control efficiency determined to be required during 
the initial compliance demonstration so that the specified percent 
reduction from Sec. 63.1406 or Sec. 63.1407, as appropriate, is met.
    (6) For control devices controlling less than 1 ton per year of 
uncontrolled HAP emissions, monitoring shall consist of a daily 
verification that the control device is operating properly. If the 
control device is used to control batch process vents alone or in 
combination with other emission points, the verification may be on a 
per batch cycle basis. This verification shall include, but not be 
limited to, a daily or per batch demonstration that the unit is working 
as designed. The procedure for this demonstration shall be submitted 
for review and approval as part of the Precompliance Report required by 
Sec. 63.1419(e)(3).
    (7) Nothing in this section shall be construed to allow a 
monitoring parameter excursion caused by an activity that violates 
other applicable provisions of subpart A, F, or G of this part.
    (b) Monitoring equipment. The monitoring equipment specified in 
paragraphs (b)(1) through (b)(8) of this section shall be installed as 
specified in paragraph (a) of this section. The parameters to be 
monitored are specified in Table 4 of this subpart.
    (1) Where a scrubber is used, the following monitoring equipment is 
required.
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent.
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the procedures specified in 
paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that 
was conducted prior to the compliance date for this subpart may be 
utilized to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least 
provide a value for either a representative or the highest gas stream 
flow anticipated in the scrubber during representative operating 
conditions other than start-ups, shutdowns, or malfunctions. The plan 
shall include a description of the methodology to be followed and an 
explanation of how the selected methodology will reliably determine the 
gas stream flow, and a description of the records that will be 
maintained to document the determination of gas stream flow. The owner 
or operator shall maintain the plan as specified in Sec. 63.1419(a).
    (2) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are 
required, each equipped with a continuous recorder.
    (3) Where a condenser is used, a condenser exit temperature 
(product side) monitoring device equipped with a continuous recorder is 
required.
    (4) Where a carbon adsorber is used, an integrating regeneration 
steam flow or nitrogen flow, or the vacuum level monitoring device 
having an accuracy of 10 percent of the flow rate or level, 
or better, capable of recording the total regeneration steam flow or 
nitrogen flow, or the vacuum level for each regeneration cycle; and a 
carbon bed temperature monitoring device, capable of recording the 
carbon bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle are required.
    (5) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is 
used, the temperature monitoring device shall be installed in the 
firebox or in the ductwork immediately downstream of the firebox in a 
position before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (6) Where a flare is used, a device (including but not limited to a 
thermocouple, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (7) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all vent streams are introduced with the 
primary fuel or are used as the primary fuel is exempt from this 
requirement.
    (8) As an alternate to paragraphs (b)(1) through (b)(7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a

[[Page 68887]]

continuous recorder. Said organic monitoring device shall meet the 
requirements of Performance Specification 8 or 9 of 40 CFR part 60, 
appendix B, and shall be installed, calibrated, and maintained 
according to Sec. 63.6.
    (c) Establishment of parameter monitoring levels. The owner or 
operator of a control device that has one or more parameter monitoring 
level requirements specified under this subpart, or specified under 
subparts referenced by this subpart, shall establish a maximum or 
minimum level, as denoted on Table 5 of this subpart, for each measured 
parameter using the procedures specified in paragraph (d) or (e) of 
this section and as specified in paragraph (c)(1) or (c)(2) of this 
section.
    (1) Small control devices. Except as provided in paragraph (a)(6) 
of this section, for control devices controlling less than 10 tons per 
year of uncontrolled HAP emissions for which a performance test is not 
required, the parameter monitoring levels shall be set based on the 
design evaluation required in Sec. 63.1417(a)(1). When setting the 
parameter monitoring level(s) based on the design evaluation, the owner 
or operator shall submit the information specified in 
Sec. 63.1419(e)(3) for review and approval as part of the Precompliance 
Report.
    (2) Large control devices. For control devices controlling 10 tons 
per year of uncontrolled HAP emissions or more, the parameter shall be 
established as specified in paragraph (d) or (e) of this section. When 
setting the parameter monitoring level(s) using the procedures 
specified in paragraph (e) of this section, the owner or operator shall 
submit the information specified in Sec. 63.1419(e)(3) for review and 
approval as part of the Precompliance Report.
    (d) Establishment of parameter monitoring levels based on 
performance tests. Level(s) established under this paragraph (d) shall 
be based on the parameter values measured during the performance test.
    (1) [Reserved]
    (2) Emission points other than batch process vents. During initial 
compliance testing, the appropriate parameter shall be continuously 
monitored during the required 1-hour test runs. The monitoring level(s) 
shall then be established as the average of the maximum (or minimum) 
point values from the three test runs. The average of the maximum 
values shall be used when establishing a maximum level, and the average 
of the minimum values shall be used when establishing a minimum level.
    (3) Batch process vents. The monitoring level(s) shall be 
established using the procedures specified in paragraph (d)(3)(i) or 
(d)(3)(ii) of this section.
    (i) If more than one batch emission episode or more than one 
portion of a batch emission episode has been selected to be controlled, 
a single level for the batch cycle shall be calculated as follows:
    (A) During initial compliance testing, the appropriate parameter 
shall be monitored continuously and recorded once every 15 minutes at 
all times when batch emission episodes, or portions thereof, selected 
to be controlled are vented to the control device. A minimum of three 
recorded values must be obtained for each batch emission episode, or 
portion thereof, regardless of the length of time emissions are 
occurring.
    (B) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (C) If the level to be established is a maximum operating 
parameter, the level shall be defined as the minimum of the average 
parameter values from each batch emission episode, or portion thereof, 
in the batch cycle selected to be controlled (i.e., identify the 
emission episode, or portion thereof, which requires the lowest 
parameter value in order to assure compliance; the average parameter 
value that is necessary to assure compliance for that emission episode, 
or portion thereof, shall be the level for all emission episodes, or 
portions thereof, in the batch cycle that are selected to be 
controlled).
    (D) If the level to be established is a minimum operating 
parameter, the level shall be defined as the maximum of the average 
parameter values from each batch emission episode, or portion thereof, 
in the batch cycle selected to be controlled (i.e., identify the 
emission episode, or portion thereof, which requires the highest 
parameter value in order to assure compliance; the average parameter 
value that is necessary to assure compliance for that emission episode, 
or portion thereof, shall be the level for all emission episodes, or 
portions thereof, in the batch cycle that are selected to be 
controlled).
    (E) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values recorded 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (d)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of 
this section.
    (iii) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec. 63.1419(e)(5). Said definition 
shall include an identification of each batch emission episode. The 
definition of batch cycle shall also include the information required 
to determine parameter monitoring compliance for partial batch cycles 
(i.e., when part of a batch cycle is accomplished during two different 
operating days) for those parameters averaged on a batch cycle daily 
average basis.
    (e) Establishment of parameter monitoring levels based on 
performance tests, engineering assessments, and/or manufacturer's 
recommendations. Parameter monitoring levels may be established based 
on the parameter values measured during the performance test 
supplemented by engineering assessments and/or manufacturer's 
recommendations. Performance testing is not required to be conducted 
over the entire range of expected parameter values.
    (f) [Reserved]
    (g) Alternative monitoring parameters. An owner or operator may 
request approval to monitor parameters other than those required by 
paragraph (b) of this section. The request shall be submitted according 
to the procedures specified in Sec. 63.1419(f). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than those included in paragraph 
(b) of this section; or
    (2) Uses one of the control devices included in paragraph (b) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 4 of this subpart and paragraph (b) of this section.
    (h) Monitoring of bypass lines. Owners or operators using a vent 
system that contains bypass lines that could divert emissions away from 
a control device used to comply with the provisions of this subpart 
shall comply with either paragraph (h)(1) or (h)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph (h):

[[Page 68888]]

    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.1408(e)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert 
emissions away from the control device and to the atmosphere; or
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in 
the non-diverting position and emissions are not diverted through the 
bypass line. Records shall be generated as specified in 
Sec. 63.1408(e)(4).
    (i) Monitoring for the alternative standards. For control devices 
that are used to comply with the provisions of Sec. 63.1404(c), 
Sec. 63.1405(f), Sec. 63.1406(d), or Sec. 63.1407(d), the owner or 
operator shall monitor and record the outlet organic HAP concentration 
every 15 minutes during the period in which the device is functioning 
in achieving the HAP removal required by this subpart. Continuous 
monitoring of outlet organic HAP concentration shall be accomplished 
using an FTIR (Fourier Transform Infrared Spectroscopy) instrument 
following Method PS-15 of 40 CFR part 60, appendix B.
    (j) Exceedances of operating parameters. An exceedance of an 
operating parameter is defined as one of the following:
    (1) If the parameter, averaged over the operating day or block, is 
below a minimum value established during the initial compliance 
demonstration.
    (2) If the parameter, averaged over the operating day or block, is 
above the maximum value established during the initial compliance 
demonstration.
    (3) If all flames at the pilot light of a flare are absent or the 
monitor is not working.
    (k) Excursions. Excursions are defined by either of the two cases 
listed in paragraph (k)(1) or (k)(2) of this section.
    (1) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (k)(3) of this 
section, for at least 75 percent of the operating hours.
    (2) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (3) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (k)(1) and (k)(2) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour. For data compression systems approved under 
Sec. 63.1419(g)(3), monitoring data are insufficient to calculate a 
valid hour of data if there are less than four data measurements made 
during the hour.
    (l) Violations. Exceedances of parameters monitored according to 
the provisions of paragraphs (b)(1), (b)(2), and (b)(4) through (b)(7) 
of this section or excursions as defined in paragraph (j) of this 
section constitute violations of the operating limit, except as 
specified in paragraph (l)(1) of this section. Exceedances of the 
condenser outlet gas temperature limit monitored according to the 
provisions of paragraph (b)(3) of this section or exceedances of the 
outlet concentrations monitored according to the provisions of 
paragraph (b)(8) of this section constitute violations of the emission 
limit, except as specified in paragraph (l)(1) of this section. 
Exceedances of the emission limit monitored according to the procedures 
specified in Sec. 63.1417(e)(2) and paragraph (i) of this section 
constitute violations of the emission limit, except as specified in 
paragraph (l)(1) of this section. Exceedances of the outlet 
concentrations monitored according to the provisions of paragraph (i) 
of this section constitute violations of the emission limit, as 
specified in paragraphs (l)(1) and (l)(2) of this section.
    (1) If the daily average value of a monitored parameter is above 
the maximum level or below the minimum level established, or if 
monitoring data cannot be collected during monitoring device 
calibration check or monitoring device malfunction, or if monitoring 
data are not collected during periods of start-up, shutdown, or 
malfunction, or if monitoring data are not collected during periods of 
nonoperation of the affected source or portion thereof (resulting in 
cessation of the emissions to which the monitoring applies), but the 
affected source is operated during the periods of start-up, shutdown, 
or malfunction in accordance with the affected source's Start-up, 
Shutdown, and Malfunction Plan, then the event shall not be considered 
a violation.
    (2) Except as provided in paragraph (l)(1) of this section, 
exceedances of the 20 ppmv organic HAP outlet emission limit, averaged 
over the operating day, will result in no more than one violation per 
day per control device.
    (m) Monitoring for emission limits. The owner or operator of any 
affected source complying with the kilogram of HAP per megagram of 
product emission limit specified in Sec. 63.1406 shall demonstrate 
continuous compliance using the procedures specified in 
Sec. 63.1417(e)(2). When the rolling average monthly emission rate or 
the 12-month rolling average monthly emission rate, as appropriate, 
exceeds the specified emission limit, a violation of the emission limit 
has occurred.


Sec. 63.1419  General recordkeeping and reporting requirements.

    (a) Data retention. Unless otherwise specified in this subpart, 
each owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner 
that they can be readily accessed. The most recent 6 months of records 
shall be retained on site or shall be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The remaining 4 and one-half years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, CD-ROM, optical disc, magnetic tape, or 
microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived 
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of 
reports, the owner or operator is not required to maintain copies of 
those reports.
    (b) Requirements of subpart A of this part. The owner or operator 
of an affected source shall comply with the applicable recordkeeping 
and reporting requirements in subpart A of this part as specified in 
Table 1 of this subpart. These requirements include, but are not 
limited to, the requirements specified in paragraphs (b)(1) and (b)(2) 
of this section.
    (1) Start-up, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop and implement a written start-up, 
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This 
plan shall describe, in detail, procedures for operating and 
maintaining the affected source during periods of start-up, shutdown, 
and malfunction and a program for corrective action for malfunctioning 
process and air

[[Page 68889]]

pollution control equipment used to comply with this subpart. A 
provision for ceasing to collect, during a start-up, shutdown, or 
malfunction, monitoring data that would otherwise be required by the 
provisions of this subpart may be included in the start-up, shutdown, 
and malfunction plan only if the owner or operator can demonstrate that 
the monitoring system could be damaged or destroyed if it were not shut 
down during the start-up, shutdown, or malfunction. The affected source 
shall keep the start-up, shutdown, and malfunction plan on-site. 
Records associated with the plan shall be kept as specified in 
paragraphs (b)(1)(i)(A) through (b)(1)(i)(C) of this section. Reports 
related to the plan shall be submitted as specified in paragraph 
(b)(1)(ii) of this section.
    (i) Records of start-up, shutdown, and malfunction. The owner or 
operator shall keep the records specified in paragraphs (b)(1)(i)(A) 
through (b)(1)(i)(C) of this section.
    (A) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or control 
devices or recovery devices or continuous monitoring systems used to 
comply with this subpart during which excess emissions (as defined in 
Sec. 63.1400(j)(4)) occur.
    (B) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.1400(j)(4)) occur, records that the 
procedures specified in the affected source's start-up, shutdown, and 
malfunction plan were followed, and documentation of actions taken that 
are not consistent with the plan. For example, if a start-up, shutdown, 
and malfunction plan includes procedures for routing a control device 
to a backup control device (e.g., a halogenated stream could be routed 
to a flare during periods when the primary control device is out of 
service), records shall be kept of whether the plan was followed. These 
records may take the form of a ``checklist,'' or other form of 
recordkeeping that confirms conformance with the start-up shutdown, and 
malfunction plan for the event.
    (C) Records specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(B) of this section are not required if they pertain solely to 
Group 2 emission points.
    (ii) Reports of start-up, shutdown, and malfunction. For the 
purposes of this subpart, the semiannual start-up, shutdown, and 
malfunction reports shall be submitted on the same schedule as the 
Periodic Reports required under paragraph (e)(6) of this section 
instead of being submitted on the schedule specified in 
Sec. 63.10(d)(5)(i). Said reports shall include the information 
specified in paragraphs (b)(1)(i)(A) through (b)(1)(i)(B) of this 
section and shall contain the name, title, and signature of the owner 
or operator or other responsible official who is certifying its 
accuracy.
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), 
(d)(1)(iii), (d)(2), and (d)(3)(ii).
    (c) [Reserved]
    (d) Recordkeeping and documentation. Owners or operators required 
to comply with Sec. 63.1418 and, therefore, required to keep continuous 
records shall keep records as specified in paragraphs (d)(1) through 
(d)(7) of this section, unless an alternative recordkeeping system has 
been requested and approved as specified in paragraph (g) or (h) of 
this section. If a monitoring plan for storage vessels pursuant to 
Sec. 63.1404(d)(9) requires continuous records, the monitoring plan 
shall specify which provisions, if any, of paragraphs (d)(1) through 
(d)(7) of this section apply. As described in Sec. 63.1404(d)(9), 
certain storage vessels are not required to comply with Sec. 63.1418 
and, therefore, are not required to keep continuous records as 
specified in this paragraph (d). Owners and operators of such storage 
vessels shall keep records as specified in the monitoring plan required 
by Sec. 63.1404(d)(9). Paragraphs (d)(8) and (d)(9) of this section 
specify documentation requirements.
    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either each measured data 
value or average values for 1 hour or shorter periods calculated from 
all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute 
may be used to calculate the hourly (or shorter period) average instead 
of all measured values. Owners or operators of batch process vents 
shall record each measured data value; if values are measured more 
frequently than once per minute, a single value for each minute may be 
recorded instead of all measured values.
    (3) Daily average, batch cycle daily average, or block average 
values of each continuously monitored parameter shall be calculated for 
each operating day as specified in paragraphs (d)(3)(i) through 
(d)(3)(ii) of this section, except as specified in paragraphs (d)(6) 
and (d)(7) of this section. The option of conducting parameter 
monitoring for batch process vents on a batch cycle daily average basis 
or a block average basis is described in Sec. 63.1408(c).
    (i) The daily average value, batch cycle daily average, or block 
average shall be calculated as the average of all parameter values 
recorded during the operating day, or batch cycle, as appropriate, 
except as specified in paragraph (d)(7) of this section. For batch 
process vents, only parameter values recorded during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has chosen to control shall be used to calculate the 
average. The calculated average shall cover a 24-hour period if 
operation is continuous, or the number of hours of operation per 
operating day if operation is not continuous for daily average values 
or batch cycle daily average values. The calculated average shall cover 
the entire period of the batch cycle for block average values. As 
specified in Sec. 63.1418(d)(3)(iii), the owner or operator shall 
provide the information needed to calculate batch cycle daily averages 
for operating days that include partial batch cycles.
    (ii) The operating day shall be the period the owner or operator 
specifies in the operating permit or the Notification of Compliance 
Status for purposes of determining daily average values or batch cycle 
daily average values of monitored parameters. The block shall be the 
entire period of the batch cycle, as specified by the owner or operator 
in the operating permit or the Notification of Compliance Status for 
purposes of determining block average values of monitored parameters.
    (4) [Reserved]
    (5) [Reserved]
    (6) Records required when all recorded values are within the 
established limits. If all recorded values for a monitored parameter 
during an operating day or block are above the minimum level or below 
the maximum level established in the Notification of Compliance Status 
or operating permit, the owner or operator may record that all values 
were above the minimum level or below the maximum level rather than 
calculating and recording a daily average, or block average, for that 
operating day. For these operating days or blocks, the records required 
in paragraph (d)(2) of this section shall also be retained for 5 years.
    (7) Monitoring data recorded during periods identified in 
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not

[[Page 68890]]

be included in any average computed under this subpart. Records shall 
be kept of the times and durations of all such periods and any other 
periods during process or control device or recovery device operation 
when monitors are not operating:
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions; and
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks, and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver 
under Sec. 63.10(f) shall maintain any information demonstrating 
whether an affected source is meeting the requirements for a waiver of 
recordkeeping or reporting requirements.
    (e) Reporting and notification. In addition to the reports and 
notifications required by subpart A of this part as specified in Table 
1 of this subpart, the owner or operator of an affected source shall 
prepare and submit the reports listed in paragraphs (e)(3) through 
(e)(8) of this section, as applicable. All reports required by this 
subpart, and the schedule for their submittal, are listed in Table 6 of 
this subpart.
    (1) Owners and operators shall not be in violation of the reporting 
requirements of this paragraph (e) for failing to submit information 
required to be included in a specified report if the owner or operator 
meets the requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of 
this section. Examples of circumstances where this paragraph (e)(1) may 
apply include information related to newly-added equipment or emission 
points, changes in the process, changes in equipment required or 
utilized for compliance with the requirements of this subpart, or 
changes in methods or equipment for monitoring, recordkeeping, or 
reporting:
    (i) The information was not known in time for inclusion in the 
report specified by this subpart;
    (ii) The owner or operator has been diligent in obtaining the 
information; and
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this 
section.
    (A) If this subpart expressly provides for supplements to the 
report in which the information is required, the owner or operator 
shall submit the information as a supplement to that report. The 
information shall be submitted no later than 60 days after it is 
obtained, unless otherwise specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an 
operating permit pursuant to part 70 or part 71, due to circumstances 
to which the information pertains, the owner or operator shall submit 
the information with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or 
(e)(1)(iii)(B) of this section, the owner or operator shall submit the 
information with the first Periodic Report, as required by this 
subpart, which has a submission deadline at least 60 days after the 
information is obtained.
    (2) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of an 
affected source, reports may be submitted on electronic media.
    (3) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; or requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring 
and recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate emissions from a batch emissions 
episode, as described in Sec. 63.1417(e)(3)(vi)(A)(3); or establishing 
parameter monitoring levels according to the procedures contained in 
Sec. 63.1418(c)(1) or (e); or following the procedures in 
Sec. 63.1417(e)(2) shall submit a Precompliance Report according to the 
schedule described in paragraph (e)(3)(i) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (e)(3)(ii) through (e)(3)(viii) of this section, as 
appropriate. If required, supplements to the Precompliance Report shall 
be submitted as specified in paragraph (e)(3)(xi) of this section.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than 12 months prior to the compliance date. 
Unless the Administrator objects to a request submitted in the 
Precompliance Report within 45 days after its receipt, the request 
shall be deemed approved. For new affected sources, the Precompliance 
Report shall be submitted to the Administrator with the application for 
approval of construction or reconstruction required in paragraph (b)(2) 
of this section. Supplements to the Precompliance Report may be 
submitted as specified in paragraph (e)(3)(xi) of this section.
    (ii) A request for an extension for compliance, as specified in 
Sec. 63.1401(e), may be submitted in the Precompliance Report. The 
request for a compliance extension will include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1401(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other 
than those for which monitoring parameters are specified in this 
subpart or in subpart G of this part or seeks to comply by monitoring a 
different parameter than those specified in this subpart or in subpart 
G of this part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) 
of this section, the information requested in paragraph (e)(3)(iv)(A) 
or (e)(3)(iv)(B) of this section shall be submitted in the 
Precompliance Report:
    (A) The owner or operator shall submit notification of the intent 
to use the provisions specified in paragraph (g) of this section; or
    (B) The owner or operator shall submit a request for approval to 
use alternative continuous monitoring and recordkeeping provisions as 
specified in paragraph (g) of this section.
    (v) The owner or operator shall report the intent to use 
alternative controls to comply with the provisions of this subpart in 
the Precompliance Report. Alternative controls must be deemed by the 
Administrator to be equivalent to the controls required by the 
standard, under the procedures outlined in Sec. 63.6(g).
    (vi) If an owner or operator demonstrates that the emissions 
estimation equations contained in Sec. 63.1417(e)(3) are inappropriate 
as specified in Sec. 63.1417(e)(3)(vi)(A)(3), the information required 
by Sec. 63.1417(e)(3)(vi)(C)(2) shall be submitted in the Precompliance 
Report.
    (vii) If an owner or operator establishes parameter monitoring 
levels

[[Page 68891]]

according to the procedures contained in Sec. 63.1418(c)(1) or (e), the 
following information shall be submitted in the Precompliance Report:
    (A) Identification of which procedures (i.e., Sec. 63.1418(c)(1) or 
(e)) are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec. 63.1418(e) are to be used, a 
description of how performance test data will be used shall be 
included.
    (viii) If an owner or operator is complying with the emission limit 
specified in Sec. 63.1406 following the procedures specified in 
Sec. 63.1417(e)(2), the information specified in 
Sec. 63.1417(e)(2)(iii) shall be submitted in the Precompliance Report.
    (ix) [Reserved]
    (x) [Reserved]
    (xi) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (e)(3)(xi)(A) or (e)(3)(xi)(B) of this section. 
Unless the Administrator objects to a request submitted in a supplement 
to the Precompliance Report within 45 days after its receipt, the 
request shall be deemed approved.
    (A) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(3)(iii) of this section; alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of 
this section; alternative controls, as specified in paragraph (e)(3)(v) 
of this section; engineering assessment to estimate emissions from a 
batch emissions episode, as specified in paragraph (e)(3)(vi) of this 
section; or to establish parameter monitoring levels according to the 
procedures contained in Sec. 63.1418(c)(1) or (e), as specified in 
paragraph (e)(3)(vii) of this section.
    (4) [Reserved]
    (5) Notification of Compliance Status. For existing and new 
affected sources, a Notification of Compliance Status shall be 
submitted within 150 days after the compliance dates specified in 
Sec. 63.1401. For equipment leaks subject to Sec. 63.1415, the owner or 
operator shall submit the information required in Sec. 63.182(c) in the 
Notification of Compliance Status. For all other emission points, the 
Notification of Compliance Status shall contain the information listed 
in paragraphs (e)(5)(i) through (e)(5)(vi) of this section.
    (i) The results of any emission point group determinations, 
performance tests, design evaluations, inspections, continuous 
monitoring system performance evaluations, any other information used 
to demonstrate compliance, and any other information, as appropriate, 
required to be included in the Notification of Compliance Status under 
Sec. 63.1401(l); under Sec. 63.122, as referred to in Sec. 63.1404, and 
Sec. 63.1404 for storage vessels; under Sec. 63.117, as referred to in 
Sec. 63.1405, for continuous process vents; under Sec. 63.146, as 
referred to in Sec. 63.1414, for process wastewater; and Sec. 63.1409 
for batch process vents. In addition, each owner or operator shall 
comply with paragraphs (e)(5)(i)(A) and (e)(5)(i)(B) of this section.
    (A) For performance tests, group determinations, and estimates of 
emissions that are based on measurements, the Notification of 
Compliance Status shall include one complete test report, as described 
in paragraph (e)(5)(i)(B) of this section, for each test method used 
for a particular kind of emission point. For additional tests performed 
for the same kind of emission point using the same method, the results 
and any other required information shall be submitted, but a complete 
test report is not required.
    (B) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established, the Notification of Compliance 
Status shall contain the information specified in paragraphs 
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this 
information has been established and provided in the operating permit. 
Further, as described in Sec. 63.1404(d)(9), for those storage vessels 
for which the monitoring plan required by Sec. 63.1404(d)(9) specifies 
compliance with the provisions of Sec. 63.1418, the owner or operator 
shall provide the information specified in paragraphs (e)(5)(ii)(A) 
through (e)(5)(ii)(D) of this section for each monitored parameter, 
unless this information has been established and provided in the 
operating permit. For those storage vessels for which the monitoring 
plan required by Sec. 63.1404(d)(9) does not require compliance with 
the provisions of Sec. 63.1418, the owner or operator shall provide the 
information specified in Sec. 63.120(d)(3) as part of the Notification 
of Compliance Status, unless this information has been established and 
provided in the operating permit.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level 
and a description of why the level indicates proper operation of the 
control device.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) 
of this section, for purposes of determining daily average values or 
batch cycle daily average values of monitored parameters. The required 
information shall include a definition of the affected source's 
block(s), as specified in paragraph (d)(3)(ii) of this section, for 
purposes of determining block average values of monitored parameters.
    (D) For batch process vents, the required information shall include 
a definition of each batch cycle that requires the control of one or 
more batch emission episodes during the cycle, as specified in 
Sec. 63.1417(e)(5)(iii) and Sec. 63.1418(d)(3)(iii).
    (iii) The determination of applicability for flexible operation 
units as specified in Sec. 63.1400(f)(6).
    (iv) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in 
Sec. 63.1400(f)(7).
    (v) The results for each predominant use determination for storage 
vessels belonging to an affected source subject to this subpart that is 
made under Sec. 63.1400(g)(6).
    (vi) Notification that the owner or operator has elected to comply 
with paragraph (h) of this section.
    (vii) Notification that an affected source is exempt from the 
equipment leak provisions of Sec. 63.1415 according to the provisions 
of Sec. 63.1403(c). Notification shall include the information 
specified in Sec. 63.1403(c)(2)(i).
    (viii) If any emission point is subject to this subpart and to 
other standards as specified in Sec. 63.1401 and if the provisions of 
Sec. 63.1401 of this subpart allow the owner or operator to choose 
which testing, monitoring, reporting,

[[Page 68892]]

and recordkeeping provisions will be followed, then the Notification of 
Compliance Status shall indicate which rule's requirements will be 
followed for testing, monitoring, reporting, and recordkeeping.
    (ix) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec. 63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (6) Periodic Reports. For existing and new affected sources, each 
owner or operator shall submit Periodic Reports as specified in 
paragraph (e)(6)(i) of this section. In addition, for equipment leaks 
subject to Sec. 63.1415, the owner or operator shall submit the 
information specified in Sec. 63.182(d), and for heat exchange systems 
subject to Sec. 63.1413, the owner or operator shall submit the 
information specified in Sec. 63.104(f)(2). Section 63.1418 shall 
govern the use of monitoring data to determine compliance for emissions 
points required to apply controls by the provisions of this subpart, 
with the following exception: As discussed in Sec. 63.1404(d)(9), for 
storage vessels to which the provisions of Sec. 63.1418 do not apply as 
specified in the monitoring plan required by Sec. 63.1404(d)(9), the 
owner or operator is required to comply with the requirements set out 
in the monitoring plan and monitoring records may be used to determine 
compliance.
    (i) Except as specified in paragraph (e)(6)(xii) of this section, a 
report containing the information in paragraph (e)(6)(ii) of this 
section or containing the information in paragraphs (e)(6)(iii) through 
(e)(6)(xi) of this section, as appropriate, shall be submitted 
semiannually no later than 60 days after the end of each 180 day 
period. The first report shall be submitted no later than 240 days 
after the date the Notification of Compliance Status is due and shall 
cover the 6-month period beginning on the date the Notification of 
Compliance Status is due. Subsequent reports shall cover each preceding 
6-month period.
    (ii) If none of the compliance exceptions specified in paragraphs 
(e)(6)(iii) through (e)(6)(xi) of this section occurred during the 6-
month period, the Periodic Report required by paragraph (e)(6)(i) of 
this section shall be a statement that the affected source was in 
compliance for the preceding 6-month period and no activities specified 
in paragraphs (e)(6)(iii) through (e)(6)(xi) of this section occurred 
during the preceding 6-month period.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Secs. 63.1404 through 63.1414 for any emission point, 
Periodic Reports shall include:
    (A) All information specified in Sec. 63.122 for storage vessels; 
Secs. 63.117 and 63.118 for continuous process vents; Sec. 63.1409 for 
batch process vents; Sec. 63.104 for heat exchange systems; and 
Sec. 63.146 for process wastewater;
    (B) The daily average values, batch cycle daily average values, or 
block average values of monitored parameters for exceedances of 
operating parameters, as specified in Sec. 63.1418(j), and for 
excursions, as specified in Sec. 63.1418(k). For excursions, as 
specified in Sec. 63.1418(k), the duration of periods when monitoring 
data were not collected shall be specified;
    (C) The periods when monitoring data were not collected shall be 
specified;
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(4) of this section, as applicable:
    (1) [Reserved]
    (2) Notification if a process change is made such that the group 
status of any emission point changes from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process 
change if that process change caused the group status of an emission 
point to change from Group 1 to Group 2. However, until the owner or 
operator notifies the Administrator that the group status of an 
emission point has changed from Group 1 to Group 2, the owner or 
operator is required to continue to comply with the Group 1 
requirements for that emission point.
    (3) Notification if one or more emission point(s) or one or more 
APPU is added to an affected source. The owner or operator shall submit 
the information contained in paragraphs (e)(6)(iii)(D)(3)(i) through 
(e)(6)(iii)(D)(3)(ii) of this section:
    (i) A description of the addition to the affected source;
    (ii) Notification of the group status of the additional emission 
point, if appropriate, or notification of all emission points in the 
added APPU.
    (4) For process wastewater streams sent for treatment pursuant to 
Sec. 63.132(g), reports of changes in the identity of the treatment 
facility or transferee.
    (E) The information in paragraph (b)(1)(ii) of this section for 
reports of start-up, shutdown, and malfunction.
    (iv) [Reserved]
    (v) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (A) One complete test report shall be submitted for each test 
method used for a particular kind of emission point tested. A complete 
test report shall contain the information specified in paragraph 
(e)(5)(i)(B) of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
shall be submitted, but a complete test report is not required.
    (vi) The Periodic Report shall include the results for each change 
made to a primary product determination for an amino/phenolic resin 
made under Sec. 63.1400(f)(6).
    (vii) The Periodic Report shall include the results for each change 
made to a predominant use determination for a storage vessel belonging 
to an affected source subject to this subpart that is made under 
Sec. 63.1400(g)(6).
    (viii) [Reserved]
    (ix) The Periodic Report required by Sec. 63.1415(p) may be 
submitted as part of the Periodic Report required by paragraph (e)(6) 
of this section.
    (x) Notification that the owner or operator has elected to comply 
with paragraph (h) of this section.
    (xi) Notification that the owner or operator has elected to not 
retain the daily average, batch cycle daily average, or block average 
values, as appropriate, as specified in paragraph (h)(2)(i) of this 
section.
    (xii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points as specified in 
paragraphs (e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
    (A) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point if the 
Administrator requests the owner or operator to submit quarterly 
reports for the emission point.
    (B) The quarterly reports shall include all information specified 
in paragraphs (e)(6)(iii) through (e)(6)(xi) of this section applicable 
to the emission point for which quarterly reporting is required under 
paragraph (e)(6)(xii)(A) of this section. Information applicable to 
other emission points within the affected source shall be submitted in 
the semiannual reports required under paragraph (e)(6)(i) of this 
section.
    (C) Quarterly reports shall be submitted no later than 60 days 
after the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year, the owner or operator may return to semiannual 
reporting for the emission point unless the Administrator requests the 
owner or operator to continue to submit quarterly reports.

[[Page 68893]]

    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(v) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec. 63.1404 shall be submitted as specified in Sec. 63.122(h)(1) 
and (h)(2).
    (ii) The site-specific test plan required by Sec. 63.1417(a)(3)(v) 
shall be submitted no later than 90 days before the planned date for 
the performance test. Unless the Administrator requests changes to the 
site-specific test plan within 45 days after its receipt, the site-
specific test plan shall be deemed approved.
    (iii) When the conditions of Sec. 63.1400(f)(3)(i) or (f)(4)(i) are 
met, reports of changes to the primary product for an APPU or process 
unit as required by Sec. 63.1400(f)(3)(ii) or (f)(4)(ii), respectively, 
shall be submitted.
    (iv) Owners or operators of APPU or emission points (other than 
equipment leak components subject to Sec. 63.1415) that are subject to 
Sec. 63.1400(i)(1) or (i)(2) shall submit a report as specified in 
paragraphs (e)(7)(iv)(A) and (B) of this section.
    (A) Reports shall include:
    (1) A description of the process change or addition, as 
appropriate;
    (2) The planned start-up date and the appropriate compliance date, 
according to Sec. 63.1400(i)(1) or (2); and
    (3) Identification of the emission points (except equipment leak 
components subject to Sec. 63.1415), and group status if applicable, 
specified in paragraphs (e)(7)(iv)(A)(3)(i) through 
(e)(7)(iv)(A)(3)(iii) of this section, as applicable.
    (i) All the emission points in the added APPU as described in 
Sec. 63.1400(i)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.1400(i)(2)(i).
    (iii) All the added or created emission points as described in 
Sec. 63.1400(i)(2)(ii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
emissions from a batch emissions episode, or wishes to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.1418(c)(1) or (e), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(iv)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(iv)(B)(1) through (e)(7)(iv)(B)(3) of this section, as 
appropriate.
    (1) Owners or operators of an added APPU subject to 
Sec. 63.1400(i)(1) shall submit a report no later than 180 days prior 
to the compliance date for the APPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.1400(i)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners or operators of any emission point (other than equipment 
leak components subject to Sec. 63.1415) subject to 
Sec. 63.1400(i)(2)(ii) shall submit a report no later than 180 days 
prior to the compliance date for those emission points.
    (v) The information specified in Sec. 63.1417(a)(1) shall be 
submitted when a small control device becomes a large control device, 
as specified in paragraphs (e)(7)(v)(A) through (e)(7)(v)(B) of this 
section.
    (A) Notification that a small control device has become a large 
control device and the site-specific test plan shall be submitted 
within 60 days of the date the small control device becomes a large 
control device. The site-specific test plan shall include the 
information specified in Sec. 63.1417(a)(3)(v). Approval of the site-
specific test plan shall follow paragraph (e)(7)(ii) of this section.
    (B) Results of the performance test required by Sec. 63.1417(a)(1) 
shall be submitted within 150 days of the date the small control device 
becomes a large control device.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of a Precompliance Report shall 
submit the information specified in paragraph (e)(3) of this section, 
Precompliance Report, as applicable.
    (f) Alternative monitoring parameters. The owner or operator who 
has been directed by any section of this subpart or any section of 
another subpart referenced by this subpart, that expressly referenced 
this paragraph (f) to set unique monitoring parameters, or who requests 
approval to monitor a different parameter than those specified in 
Sec. 63.1404 for storage vessels, Sec. 63.1405 for continuous process 
vents, Sec. 63.1418 for batch process vents, or Sec. 63.1414 for 
wastewater shall submit the information specified in paragraphs (f)(1) 
through (f)(3) of this section in the Precompliance Report, as required 
by paragraph (e)(3) of this section. The owner or operator shall retain 
for a period of 5 years each record required by paragraphs (f)(1) 
through (f)(3) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery device, control 
device, or pollution prevention measure is operated in conformance with 
its design and achieves the specified emission limit or percent 
reduction, and an explanation of the criteria used to select the 
parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will 
establish a level for the monitored parameter as part of the 
Notification of Compliance Status report required in paragraph (e)(5) 
of this section, unless this information has already been included in 
the operating permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include 
the frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the 
maximum level or below the minimum level as established in the 
operating permit or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner 
or operator choosing not to implement the provisions specified in 
Sec. 63.1405 for continuous process vents, Sec. 63.1418 for batch 
process vents, or Sec. 63.1414 for wastewater, may instead request 
approval to use alternative continuous monitoring and recordkeeping 
provisions according to the procedures specified in paragraphs (g)(1) 
through (g)(4) of this section. Requests shall be submitted in the 
Precompliance Report as specified in paragraph (e)(3)(iv) of this 
section, if not already included in the operating permit application, 
and shall contain the information specified in paragraphs (g)(2)(ii) 
and (g)(3)(ii) of this section, as applicable.
    (1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review 
and approval of requests.
    (2) An owner or operator of an affected source that does not have 
an automated monitoring and recording system capable of measuring 
parameter values at least once every 15 minutes and that does not 
generate continuous

[[Page 68894]]

records may request approval to use a nonautomated system with less 
frequent monitoring, in accordance with paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily average (or batch cycle daily average) values 
shall be calculated from these hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control or 
recovery device operating conditions, considering typical variability 
of the specific process and control or recovery device operating 
parameter being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values, in accordance with paragraphs 
(g)(3)(i) and (g)(3)(ii) of this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Except for the monitoring of batch process vents, calculate 
hourly average values each hour during periods of operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average, batch cycle daily average, or block 
average values of the monitored operating parameter based on all 
measured data; and
    (F) If the daily average is not an exceedance of the operating 
parameter, as defined in Sec. 63.1418(j), the data for that operating 
day may be converted to hourly average values and the four or more 
individual records for each hour in the operating day may be discarded.
    (ii) The request shall contain:
    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f)(4).
    (h) Reduced recordkeeping program. For any parameter with respect 
to any item of equipment, the owner or operator may implement the 
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of 
this section as alternatives to the provisions specified in this 
subpart for storage vessels, continuous process vents, batch process 
vents, or wastewater. The owner or operator shall retain for a period 
of 5 years each record required by paragraph (h)(1) or (h)(2) of this 
section.
    (1) The owner or operator may retain only the daily average, batch 
cycle daily average or block average value, and is not required to 
retain more frequent monitored operating parameter values, for a 
monitored parameter with respect to an item of equipment, if the 
requirements of paragraphs (h)(1)(i) through (h)(1)(vi) of this section 
are met. An owner or operator electing to comply with the requirements 
of paragraph (h)(1) of this section shall notify the Administrator in 
the Notification of Compliance Status as specified in paragraph 
(e)(5)(vi) of this section or, if the Notification of Compliance Status 
has already been submitted, in the Periodic Report immediately 
preceding implementation of the requirements of paragraph (h)(1) of 
this section as specified in paragraph (e)(6)(x) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than start-ups, 
shutdowns, or malfunctions (e.g., a temperature reading of -200 deg. C 
on a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day or block constitute a single 
occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day or block, and 
the capability to observe this running average is readily available to 
the Administrator on-site during the operating day. The owner or 
operator shall record the occurrence of any period meeting the criteria 
in paragraphs (h)(1)(ii)(A) through (h)(1)(ii)(C) of this section. All 
instances in an operating day or block constitute a single occurrence:
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than start-ups, shutdowns, or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience 
(e.g., pH in some scrubbers), and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in an operating day or block 
constitute a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that 
is being monitored.
    (v) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (h)(1) of this section, at the times 
specified in paragraphs (h)(1)(v)(A) through (h)(1)(v)(C). The owner or 
operator shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and of 
how compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (h)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage, log

[[Page 68895]]

entries) for each required record. If the description changes, the 
owner or operator shall retain both the current and the most recent 
superseded description, as provided in paragraph (a) of this section, 
except as provided in paragraph (h)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to impair its ability to 
comply with the requirements of paragraph (h)(1) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system 
as long as the description is current. The current description shall, 
at all times, be retained on-site or be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The owner or operator shall retain all superseded 
descriptions for at least 5 years after the date of their creation. 
Superseded descriptions shall be retained on-site (or accessible from a 
central location by computer or other means that provides access within 
2 hours after a request) for at least 6 months after their creation. 
Thereafter, superseded descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no 
longer required to record the daily average, batch cycle daily average, 
or block average value for any operating day when the daily average, 
batch cycle daily average, or block average value is less than the 
maximum or greater than the minimum established limit. With approval by 
the Administrator, monitoring data generated prior to the compliance 
date of this subpart shall be credited toward the period of 6 
consecutive months, if the parameter limit and the monitoring 
accomplished during the period prior to the compliance date was 
required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily 
average, batch cycle daily average, or block average values, the owner 
or operator shall notify the Administrator in the next Periodic Report 
as specified in paragraph (e)(6)(xi) of this section. The notification 
shall identify the parameter and unit of equipment.
    (ii) If, on any operating day or during any block after the owner 
or operator has ceased recording daily average, batch cycle daily 
average, or block average values as provided in paragraph (h)(2) of 
this section, there is an excursion as defined in paragraph (h)(2)(iv) 
of this section, the owner or operator shall immediately resume 
retaining the daily average, batch cycle daily average, or block 
average value for each operating day and shall notify the Administrator 
in the next Periodic Report. The owner or operator shall continue to 
retain each daily average, batch cycle daily average, or block average 
value until another period of 6 consecutive months has passed without 
an excursion as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through (h)(1)(iv) of this section, for the 
duration specified in paragraph (h) of this section. For any calendar 
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iv) of 
this section does not result in retention of a record of at least one 
occurrence or measured parameter value, the owner or operator shall 
record and retain at least one parameter value during a period of 
operation other than a start-up, shutdown, or malfunction.
    (iv) For purposes of paragraph (h) of this section, an excursion 
means that the daily average, batch cycle daily average, or block 
average value of monitoring data for a parameter is greater than the 
maximum, or less than the minimum established value, except that the 
daily average, batch cycle daily average, or block average value during 
any start-up, shutdown, or malfunction shall not be considered an 
excursion for purposes of paragraph (h)(2) of this section, if the 
owner or operator follows the applicable provisions of the start-up, 
shutdown, and malfunction plan required by Sec. 63.6(e)(3).

 Table 1 to Subpart OOO of Part 63--Applicability of General Provisions
                     to Subpart OOO Affected Sources
------------------------------------------------------------------------
                                     Applies to
           Reference                subpart OOO            Comment
------------------------------------------------------------------------
63.1(a)(1).....................  Yes..............  Sec.  63.1402
                                                     specifies
                                                     definitions in
                                                     addition to or that
                                                     supersede
                                                     definitions in Sec.
                                                      63.2.
63.1(a)(2).....................  Yes..............
63.1(a)(3).....................  Yes..............  63.1401(g) through
                                                     (l) and Sec.
                                                     63.160(b) identify
                                                     those standards
                                                     which overlap with
                                                     the requirements of
                                                     subparts OOO and H
                                                     of this part and
                                                     specify how
                                                     compliance shall be
                                                     achieved.
63.1(a)(4).....................  Yes..............  This subpart OOO
                                                     (this table)
                                                     specifies the
                                                     applicability of
                                                     each paragraph in
                                                     subpart A of this
                                                     part to this
                                                     subpart OOO.
63.1(a)(5).....................  No...............  [Reserved].
63.1(a)(6)-63.1(a)(8)..........  Yes.               ....................
63.1(a)(9).....................  No...............  [Reserved].
63.1(a)(10)....................  Yes.               ....................
63.1(a)(11)....................  Yes.               ....................
63.1(a)(12)-63.1(a)(14)........  Yes.               ....................
63.1(b)(1).....................  No...............  Sec.  63.1400(a)
                                                     contains specific
                                                     applicability
                                                     criteria.
63.1(b)(2).....................  Yes.               ....................
63.1(b)(3).....................  No...............  Sec.  63.1400(b)
                                                     provides
                                                     documentation
                                                     requirements for
                                                     APPUs not
                                                     considered affected
                                                     sources.
63.1(c)(1).....................  Yes..............  This subpart OOO
                                                     (this table)
                                                     specifies the
                                                     applicability of
                                                     each paragraph in
                                                     subpart A of this
                                                     part to this
                                                     subpart OOO.
63.1(c)(2).....................  No...............  Area sources are not
                                                     subject to this
                                                     subpart OOO.
63.1(c)(3).....................  No...............  [Reserved].
63.1(c)(4).....................  Yes.               ....................

[[Page 68896]]

 
63.1(c)(5).....................  Yes..............  Except that affected
                                                     sources are not
                                                     required to submit
                                                     notifications
                                                     overridden by this
                                                     table.
63.1(d)........................  No...............  [Reserved].
63.1(e)........................  Yes.               ....................
63.2...........................  Yes..............  Sec.  63.1402
                                                     specifies those
                                                     subpart A
                                                     definitions that
                                                     apply to this
                                                     subpart OOO.
63.3...........................  Yes.               ....................
63.4(a)(1)-63.4(a)(3)..........  Yes.               ....................
63.4(a)(4).....................  No...............  [Reserved].
63.4(a)(5).....................  Yes.               ....................
63.4(b)........................  Yes.               ....................
63.4(c)........................  Yes.               ....................
63.5(a)(1).....................  Yes..............  Except the terms
                                                     ``source'' and
                                                     ``stationary
                                                     source'' should be
                                                     interpreted as
                                                     having the same
                                                     meaning as
                                                     ``affected
                                                     source.''
63.5(a)(2).....................  Yes.               ....................
63.5(b)(1).....................  Yes..............  Except Sec.
                                                     63.1400(i) defines
                                                     when construction
                                                     or reconstruction
                                                     is subject to new
                                                     source standards.
63.5(b)(2).....................  No...............  [Reserved].
63.5(b)(3).....................  Yes.               ....................
63.5(b)(4).....................  Yes..............  Except that the
                                                     Initial
                                                     Notification and
                                                     Sec.  63.9(b)
                                                     requirements do not
                                                     apply.
63.5(b)(5).....................  Yes.               ....................
63.5(b)(6).....................  Yes..............  Except that Sec.
                                                     63.1400(i) defines
                                                     when construction
                                                     or reconstruction
                                                     is subject to new
                                                     source standards.
63.5(c)........................  No...............  Reserved.
63.5(d)(1)(i)..................  Yes..............  Except that the
                                                     references to the
                                                     Initial
                                                     Notification and
                                                     Sec.  63.9(b)(5) do
                                                     not apply.
63.5(d)(1)(ii).................  Yes..............  Except that Sec.
                                                     63.5(d)(1)(ii)(H)
                                                     does not apply.
63.5(d)(1)(iii)................  No...............  Secs.  63.1419(e)(5)
                                                     and 63.1415(a)(4)
                                                     specify
                                                     Notification of
                                                     Compliance Status
                                                     requirements.
63.5(d)(2).....................  No                 ....................
63.5(d)(3).....................  Yes..............  Except Sec.
                                                     63.5(d)(3)(ii) does
                                                     not apply, and
                                                     equipment leaks
                                                     subject to Sec.
                                                     63.1415 are exempt.
63.5(d)(4).....................  Yes.               ....................
63.5(e)........................  Yes.               ....................
63.5(f)(1).....................  Yes.               ....................
63.5(f)(2).....................  Yes..............  Except that where
                                                     Sec.  63.9(b)(2) is
                                                     referred to, the
                                                     owner or operator
                                                     need not comply.
63.6(a)........................  Yes.               ....................
63.6(b)(1).....................  Yes.               ....................
63.6(b)(2).....................  Yes.               ....................
63.6(b)(3).....................  Yes.               ....................
63.6(b)(4).....................  Yes.               ....................
63.6(b)(5).....................  Yes.               ....................
63.6(b)(6).....................  No...............  Reserved.
63.6(b)(7).....................  No.                ....................
63.6(c)(1).....................  Yes..............  Except that Sec.
                                                     63.1401 specifies
                                                     the compliance
                                                     date.
63.6(c)(2).....................  No.                ....................
63.6(c)(3).....................  No...............  Reserved.
63.6(c)(4).....................  No...............  Reserved.
63.6(c)(5).....................  Yes.               ....................
63.6(d)........................  No...............  Reserved.
63.6(e)........................  Yes..............  Except as otherwise
                                                     specified in this
                                                     table, Sec.
                                                     63.6(e) does not
                                                     apply to Group 2
                                                     emission points.a
63.6(e)(1)(i)..................  No...............  This is addressed by
                                                     Sec.  63.1400(j)(4)
                                                     .
63.6(e)(1)(ii).................  Yes.               ....................
63.6(e)(1)(iii)................  Yes.               ....................
63.6(e)(2).....................  Yes.               ....................
63.6(e)(3)(i)..................  Yes..............  For equipment leaks
                                                     (subject to Sec.
                                                     63.1415), the start-
                                                     up, shutdown, and
                                                     malfunction plan
                                                     requirement of Sec.
                                                      63.6(e)(3)(i) is
                                                     limited to control
                                                     devices and is
                                                     optional for other
                                                     equipment. The
                                                     start-up, shutdown,
                                                     malfunction plan
                                                     may include written
                                                     procedures that
                                                     identify conditions
                                                     that justify a
                                                     delay of repair.
63.6(e)(3)(i)(A)...............  No...............  This is addressed by
                                                     Sec.  63.1400(j)(4)
                                                     .
63.6(e)(3)(i)(B)...............  Yes.               ....................
63.6(e)(3)(i)(C)...............  Yes.               ....................
63.6(e)(3)(ii).................  Yes.               ....................

[[Page 68897]]

 
63.6(e)(3)(iii)................  No...............  Recordkeeping and
                                                     reporting are
                                                     specified in Sec.
                                                     63.1419(b)(1).
63.6(e)(3)(iv).................  No...............  Recordkeeping and
                                                     reporting are
                                                     specified in Sec.
                                                     63.1419(b)(1).
63.6(e)(3)(v)..................  Yes.               ....................
63.6(e)(3)(vi).................  Yes.               ....................
63.6(e)(3)(vii)................  Yes.               ....................
63.6(e)(3)(vii) (A)............  Yes.               ....................
63.6(e)(3)(vii) (B)............  Yes..............  Except the plan
                                                     shall provide for
                                                     operation in
                                                     compliance with
                                                     Sec.  63.1400(j)(4)
                                                     .
63.6(e)(3)(vii) (C)............  Yes.               ....................
63.6(e)(3)(viii)...............  Yes.               ....................
63.6(f)(1).....................  Yes.               ....................
63.6(f)(2).....................  Yes..............  Except Sec.
                                                     63.7(c), as
                                                     referred to in Sec.
                                                      63.6(f)(2)(iii)(D)
                                                     , does not apply,
                                                     and except that
                                                     Sec.  63.6(f)(2)(ii
                                                     ) does not apply to
                                                     equipment leaks
                                                     subject to Sec.
                                                     63.1415.
63.6(f)(3).....................  Yes.               ....................
63.6(g)........................  Yes.               ....................
63.6(h)........................  No...............  This subpart OOO
                                                     does not require
                                                     opacity and visible
                                                     emission standards.
63.6(i)(1).....................  Yes.               ....................
63.6(i)(2).....................  Yes.               ....................
63.6(i)(3).....................  Yes.               ....................
63.6(i)(4)(i)(A)...............  Yes.               ....................
63.6(i)(4)(i)(B)...............  No...............  Dates are specified
                                                     in Secs.
                                                     63.1401(e) and
                                                     63.1419(e)(3)(i)
                                                     for all emission
                                                     points except
                                                     equipment leaks,
                                                     which are covered
                                                     under Sec.
                                                     63.182(a)(6)(i).
63.6(i)(4)(ii).................  No.                ....................
63.6(i)(5)--(14)...............  Yes.               ....................
63.6(i)(15)....................  No...............  Reserved.
63.6(i)(16)....................  Yes.               ....................
63.6(j)........................  Yes.               ....................
63.7(a)(1).....................  Yes.               ....................
63.7(a)(2).....................  No...............  Sec.  63.1419(e)(5)
                                                     specifies the
                                                     submittal dates of
                                                     performance test
                                                     results for all
                                                     emission points
                                                     except equipment
                                                     leaks; for
                                                     equipment leaks,
                                                     compliance
                                                     demonstration
                                                     results are
                                                     reported in the
                                                     Periodic Reports.
63.7(a)(3).....................  Yes.               ....................
63.7(b)........................  No...............  Sec.  63.1417
                                                     specifies
                                                     notification
                                                     requirements.
63.7(c)........................  No.                ....................
63.7(d)........................  Yes.               ....................
63.7(e)(1).....................  Yes..............  Except that all
                                                     performance tests
                                                     shall be conducted
                                                     at maximum
                                                     representative
                                                     operating
                                                     conditions.
63.7(e)(2).....................  Yes.               ....................
63.7(e)(3).....................  No...............  This subpart OOO
                                                     specifies
                                                     requirements.
63.7(e)(4).....................  Yes.               ....................
63.7(f)........................  Yes..............  Except that Sec.
                                                     63.144(b)(5)(iiii)(
                                                     A) and (B) shall
                                                     apply for process
                                                     wastewater. Also,
                                                     if a site specific
                                                     test plan is not
                                                     required, the
                                                     notification
                                                     deadline in Sec.
                                                     63.7(f)(2)(i) shall
                                                     be 60 days prior to
                                                     the performance
                                                     test, and in Sec.
                                                     63.7(f)(3),
                                                     approval or
                                                     disapproval of the
                                                     alternative test
                                                     method shall not be
                                                     tied to the site
                                                     specific test plan.
63.7(g)........................  Yes..............  Except that
                                                     references to the
                                                     Notification of
                                                     Compliance Status
                                                     report in Sec.
                                                     63.9(h) are
                                                     replaced with the
                                                     requirements in
                                                     Sec.  63.1419(e)(5)
                                                     . In addition,
                                                     equipment leaks
                                                     subject to Sec.
                                                     63.1415 are not
                                                     required to conduct
                                                     performance tests.
63.7(h)........................  Yes..............  Except Sec.
                                                     63.7(h)(4)(ii) may
                                                     not be applicable,
                                                     if the site-
                                                     specific test plan
                                                     in Sec.  63.7(c)(2)
                                                     is not required.
63.8(a)(1).....................  Yes.               ....................
63.8(a)(2).....................  No.                ....................
63.8(a)(3).....................  No...............  Reserved.
63.8(a)(4).....................  Yes.               ....................
63.8(b)(1).....................  Yes.               ....................
63.8(b)(2).....................  No...............  This subpart OOO
                                                     specifies locations
                                                     to conduct
                                                     monitoring.
63.8(b)(3).....................  Yes.               ....................
63.8(c)(1).....................  Yes.               ....................
63.8(c)(1)(i)..................  Yes.               ....................

[[Page 68898]]

 
63.8(c)(1)(ii).................  No...............  For all emission
                                                     points except
                                                     equipment leaks,
                                                     comply with Sec.
                                                     63.1419(b)(1)(i)(B)
                                                     ; for equipment
                                                     leaks, comply with
                                                     Sec.  63.181(g)(2)(
                                                     iii).
63.8(c)(1)(iii)................  Yes.               ....................
63.8(c)(2).....................  Yes.               ....................
63.8(c)(3).....................  Yes.               ....................
63.8(c)(4).....................  No...............  Sec.  63.1418
                                                     specifies
                                                     monitoring
                                                     frequency; not
                                                     applicable to
                                                     equipment leaks
                                                     because Sec.
                                                     63.1415 does not
                                                     require continuous
                                                     monitoring systems.
63.8(c)(5)-63.8(c)(8)..........  No.                ....................
63.8(d)........................  No.                ....................
63.8(e)........................  No.                ....................
63.8(f)(1)-63.8(f)(3)..........  Yes.               ....................
63.8(f)(4)(i)..................  No...............  Timeframe for
                                                     submitting request
                                                     is specified in
                                                     Sec.  63.1419(f) or
                                                     (g); not applicable
                                                     to equipment leaks
                                                     because Sec.
                                                     63.1415 (through
                                                     reference to
                                                     subpart H of this
                                                     part) specifies
                                                     acceptable
                                                     alternative
                                                     methods.
63.8(f)(4)(ii).................  No...............  Contents of request
                                                     are specified in
                                                     Sec.  63.1419(f) or
                                                     (g).
63.8(f)(4)(iii)................  No.                ....................
63.8(f)(5)(i)..................  Yes.               ....................
63.8(f)(5)(ii).................  No.                ....................
63.8(f)(5)(iii)................  Yes.               ....................
63.8(f)(6).....................  No...............  This subpart OOO
                                                     does not require
                                                     continuous emission
                                                     monitors.
63.8(g)........................  No...............  Data reduction
                                                     procedures
                                                     specified in Sec.
                                                     63.1419(d) and (h);
                                                     not applicable to
                                                     equipment leaks.
63.9(a)........................  Yes.               ....................
63.9(b)........................  No...............  This subpart OOO
                                                     does not require an
                                                     initial
                                                     notification.
63.9(c)........................  Yes.               ....................
63.9(d)........................  Yes.               ....................
63.9(e)........................  No...............  Sec.  63.1417
                                                     specifies
                                                     notification
                                                     deadline.
63.9(f)........................  No...............  This subpart OOO
                                                     does not require
                                                     opacity and visible
                                                     emission standards.
63.9(g)........................  No.                ....................
63.9(h)........................  No...............  Sec.  63.1419(e)(5)
                                                     specifies
                                                     Notification of
                                                     Compliance Status
                                                     requirements.
63.9(i)........................  Yes.               ....................
63.9(j)........................  No.                ....................
63.10(a).......................  Yes.               ....................
63.10(b)(1)....................  No...............  Sec.  63.1419(a)
                                                     specifies record
                                                     retention
                                                     requirements.
63.10(b)(2)....................  No...............  This subpart OOO
                                                     specifies
                                                     recordkeeping
                                                     requirements.
63.10(b)(3)....................  No...............  Sec.  63.1400(b)
                                                     requires
                                                     documentation of
                                                     sources that are
                                                     not affected
                                                     sources.
63.10(c).......................  No...............  Sec.  63.1419
                                                     specifies
                                                     recordkeeping
                                                     requirements.
63.10(d)(1)....................  Yes.               ....................
63.10(d)(2)....................  No...............  Sec.  63.1419(e)
                                                     specifies
                                                     performance test
                                                     reporting
                                                     requirements; not
                                                     applicable to
                                                     equipment leaks.
63.10(d)(3)....................  No...............  This subpart OOO
                                                     does not require
                                                     opacity and visible
                                                     emission standards.
63.10(d)(4)....................  Yes.               ....................
63.10(d)(5)....................  Yes..............  Except that reports
                                                     required by Sec.
                                                     63.10(d)(5)(i) may
                                                     be submitted at the
                                                     same time as
                                                     Periodic Reports
                                                     specified in Sec.
                                                     63.1419(e)(6). The
                                                     start-up, shutdown,
                                                     and malfunction
                                                     plan, and any
                                                     records or reports
                                                     of start-up,
                                                     shutdown, and
                                                     malfunction do not
                                                     apply to Group 2
                                                     emission points.
63.10(e).......................  No...............  Sec.  63.1419
                                                     specifies reporting
                                                     requirements.
63.10(f).......................  Yes.               ....................
63.11..........................  Yes.               ....................
63.12..........................  Yes.               ....................
63.13-63.15....................  Yes.               ....................
------------------------------------------------------------------------
a The plan, and any records or reports of start-up, shutdown, and
  malfunction do not apply to Group 2 emission points.


 Table 2 to Subpart OOO of Part 63--Group 1 Storage Vessels at Existing
                        and New Affected Sources
------------------------------------------------------------------------
                              Vessel capacity
       Stored material              (m3)         Vapor pressure a (kPa)
------------------------------------------------------------------------
Aqueous formaldehyde........  capacity  37.85   3.24.
Materials other than aqueous  capacity  38.46   16.89.
 formaldehyde.

[[Page 68899]]

 
                              capacity          3.10.
                               340.69.
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage
  temperature.


 Table 3 to Subpart OOO of Part 63--Known Organic Hazardous Air Pollutants (HAP) From the Manufacture of Amino/
                                      Phenolic Resins Organic HAPCAS Number
----------------------------------------------------------------------------------------------------------------
                                                          Table 4, subpart   Table 9, subpart   Table 8, subpart
          Organic HAP                  CAS number           F HAP  (Y/N)       G HAP  (Y/N)       G HAP  (Y/N)
----------------------------------------------------------------------------------------------------------------
Acrylamide.....................  79-06-1                 No...............  No...............  No.
Aniline........................  62-53-3                 Yes..............  No...............  No.
Biphenyl.......................  92-52-4                 Yes..............  Yes..............  No.
Cresol and cresylic acid         1319-77-3               Yes..............  No...............  No.
 (mixed).
Cresol and cresylic acid (m-)..  108-39-4                Yes..............  No...............  No.
Cresol and cresylic acid (o-)..  95-48-7                 Yes..............  No...............  No.
Cresol and cresylic acid (p-)..  106-44-5                Yes..............  No...............  No.
Diethanolamine.................  111-42-2                No...............  No...............  No.
Dimethylformamide..............  68-12-2                 No...............  No...............  No.
Ethylbenzene...................  100-41-4                Yes..............  Yes..............  Yes.
Ethylene glycol................  107-21-1                No...............  No...............  No.
Formaldehyde...................  50-00-0                 Yes..............  No...............  No.
Glycol ethers..................  0                       No...............  No...............  No.
Methanol.......................  67-56-1                 Yes..............  Yes..............  No.
Methyl ethyl ketone............  78-93-3                 Yes..............  Yes..............  No.
Methyl isobutyl ketone.........  108-10-1                Yes..............  Yes..............  No.
Naphthalene....................  91-20-3                 Yes..............  Yes..............  No.
Phenol.........................  108-95-2                Yes..............  No...............  No.
Styrene........................  100-42-5                Yes..............  Yes..............  No.
Toluene........................  108-88-3                No...............  Yes..............  Yes.
Xylenes (NOS)..................  1330-20-7               Yes..............  No...............  No.
Xylene (m-)....................  108-38-3                Yes..............  Yes..............  Yes.
Xylene (o-)....................  95-47-6                 Yes..............  Yes..............  No.
Xylene (p-)....................  106-42-3                Yes..............  Yes..............  Yes.
----------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Registry Number.


    Table 4 to Subpart OOO of Part 63--Batch Process Vent Monitoring
                              Requirements
------------------------------------------------------------------------
                                                          Frequency/
         Control device            Parameters to be      recordkeeping
                                       monitored         requirements
------------------------------------------------------------------------
Scrubber a......................  pH of scrubber      Continuous records
                                   effluent, and.      as specified in
                                                       Sec.  63.1408(e)(
                                                       1).b
                                  Scrubber liquid     Continuous records
                                   and gas flow        as specified in
                                   rates.              Sec.  63.1408(e)(
                                                       1).b
Absorber a......................  Exit temperature    Continuous records
                                   of the absorbing    as specified in
                                   liquid, and.        Sec.  63.1408(e)(
                                                       1).b
                                  Exit specific       Continuous records
                                   gravity for the     as specified in
                                   absorbing liquid.   Sec.  63.1408(e)(
                                                       1).b
Condenser a.....................  Exit (product       Continuous records
                                   side) temperature.  as specified in
                                                       Sec.  63.1408(e)(
                                                       1).b
Carbon Adsorber a...............  Total regeneration  Record the total
                                   stream mass flow    regeneration
                                   during carbon bed   stream mass flow
                                   regeneration        for each carbon
                                   cycle(s), and.      bed regeneration
                                                       cycle.
                                  Temperature of the  Record the
                                   carbon bed after    temperature of
                                   regeneration and    the carbon bed
                                   within 15 minutes   after each
                                   of completing any   regeneration and
                                   cooling cycle(s).   within 15 minutes
                                                       of completing any
                                                       cooling cycle(s).
Thermal Incinerator.............  Firebox             Continuous records
                                   temperature c.      as specified in
                                                       Sec.  63.1408(e)(
                                                       1).b
Catalytic Incinerator...........  Temperature         Continuous records
                                   upstream and        as specified in
                                   downstream of the   Sec.  63.1408(e)(
                                   catalyst bed.       1).b
Boiler or Process Heater with a   Firebox             Continuous records
 design heat input capacity less   temperature c.      as specified in
 than 44 megawatts and where the                       Sec.  63.1408(e)(
 batch process vents or                                1).b
 aggregate batch vent streams
 are not introduced with or used
 as the primary fuel.

[[Page 68900]]

 
Flare...........................  Presence of a       Hourly records of
                                   flame at the        whether the
                                   pilot light.        monitor was
                                                       continuously
                                                       operating during
                                                       batch emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control and
                                                       whether the pilot
                                                       flame was
                                                       continuously
                                                       present during
                                                       said periods.
All Control Devices.............  Presence of flow    Hourly records of
                                   diverted to the     whether the flow
                                   atmosphere from     indicator was
                                   the control         operating during
                                   device or.          batch emission
                                                       episodes, or
                                                       portions thereof,
                                                       selected for
                                                       control and
                                                       whether flow was
                                                       detected at any
                                                       time during said
                                                       periods as
                                                       specified in Sec.
                                                        63.1408(e)(3).
                                  Monthly             Records that
                                   inspections of      monthly
                                   sealed valves.      inspections were
                                                       performed as
                                                       specified in Sec.
                                                        63.1408(e)(4)(i)
                                                       .
Scrubber, Absorber, Condenser,    Concentration       Continuous records
 and Carbon Adsorber (as an        level or reading    as specified in
 alternative to the requirements   indicated by an     Sec.  63.1411(e)(
 previously presented in this      organic             1).b
 table).                           monitoring device
                                   at the outlet of
                                   the control
                                   device.
------------------------------------------------------------------------
a Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.
b ``Continuous records'' is defined in Sec.  63.111.
c Monitor may be installed in the firebox or in the ductwork immediately
  downstream of the firebox before any substantial heat exchange is
  encountered.


      Table 5 to Subpart OOO of Part 63--Operating Parameter Levels
------------------------------------------------------------------------
                                                          Established
             Device                Parameters to be        operating
                                       monitored         parameter(s)
------------------------------------------------------------------------
Scrubber........................  pH of scrubber      Minimum pH; and
                                   effluent; and       minimum liquid/
                                   scrubber liquid     gas ratio
                                   and gas flow
                                   rates.
Absorber........................  Exit temperature    Minimum
                                   of the absorbing    temperature; and
                                   liquid; and exit    minimum specific
                                   specific gravity    gravity
                                   of the absorbing
                                   liquid.
Condenser.......................  Exit temperature..  Maximum
                                                       temperature
Carbon absorber.................  Total regeneration  Maximum mass flow;
                                   stream mass flow    and maximum
                                   during carbon bed   temperature
                                   regeneration
                                   cycle; and
                                   temperature of
                                   the carbon bed
                                   after
                                   regeneration (and
                                   within 15 minutes
                                   of completing any
                                   cooling cycle(s)).
Thermal incinerator.............  Firebox             Minimum
                                   temperature.        temperature
Catalytic incinerator...........  Temperature         Minimum upstream
                                   upstream and        temperature; and
                                   downstream of the   minimum
                                   catalyst bed.       temperature
                                                       difference across
                                                       the catalyst bed
 Boiler or process heater.......  Firebox             Minimum
                                   temperature.        temperature
Other devices (or as an           HAP concentration   Maximum HAP
 alternate to the requirements     level or reading    concentration or
 previously presented in this      at outlet of        reading
 table) a.                         device.
------------------------------------------------------------------------
a Concentration is measured instead of an operating parameter.


   Table 6 to Subpart OOO of Part 63--Reports Required by This Subpart
------------------------------------------------------------------------
                                    Description of
            Reference                   report             Due date
------------------------------------------------------------------------
Sec.  63.1419(b) and Subpart A    Refer to Table 1    Refer to Subpart A
 of this part.                     and Subpart A of    of this part
                                   this part.
63.1419(e)(3)...................  Precompliance       Existing affected
                                   Report.             sources--12
                                                       months prior to
                                                       the compliance
                                                       date. New
                                                       affected sources--
                                                       with application
                                                       for approval of
                                                       construction or
                                                       reconstruction.
63.1419(e)(5)...................  Notification of     Within 150 days
                                   Compliance Status.  after the
                                                       compliance date.
63.1419(e)(6)...................  Periodic Reports..  Semiannually, no
                                                       later than 60
                                                       days after the
                                                       end of each 6-
                                                       month period. See
                                                       Sec.  63.1419(e)(
                                                       6)(i) for the due
                                                       date for the
                                                       first report.
63.1419(e)(6)(xii)..............  Quarterly reports   No later than 60
                                   upon request of     days after the
                                   the Administrator.  end of each
                                                       quarter.
63.1419(e)(7)(i)................  Storage Vessels     At least 30 days
                                   Notification of     prior to the
                                   Inspection.         refilling of each
                                                       storage vessel or
                                                       the inspection of
                                                       each storage
                                                       vessel.
63.1419(e)(7)(iii)..............  Notification of     For Notification
                                   Change in the       under Sec.
                                   Primary Product.    63.1400(f)(3)(ii)
                                                       -notification
                                                       submittal date at
                                                       the descretion of
                                                       the owner or
                                                       operator.a

[[Page 68901]]

 
                                                      For Notification
                                                       under Sec.
                                                       63.1400(f)(4)(ii)
                                                       -within 6 months
                                                       of making the
                                                       determination.
------------------------------------------------------------------------
a Note that the APPU remains subject to this subpart until the
  notification under Sec.  63.1400(f)(3)(i) is made.

[FR Doc. 98-27385 Filed 12-11-98; 8:45 am]
BILLING CODE 6560-50-P