[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Rules and Regulations]
[Pages 11536-11554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3799]



[[Page 11535]]

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Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 60 and 63



Polymer and Resin Production Facilities (Groups I and IV) and Volatile 
Organic Compound (VOC) From the Polymer Manufacturing Industry; Final 
Rule and Proposed Rule

  Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules 
and Regulations  

[[Page 11536]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[AD-FRL-6301-6]
RIN 2060-AH-47


National Emission Standards for Hazardous Air Pollutants 
Emissions: Group I Polymers and Resins and Group IV Polymers and Resins 
and Standards of Performance for Volatile Organic Compound (VOC) 
Emissions from the Polymer Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On September 5, 1996, the EPA issued the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Group I Polymers 
and Resins (61 FR 46906); on September 12, 1996, the EPA issued the 
Group IV Polymers and Resins NESHAP (61 FR 48208); and on December 11, 
1990, the EPA issued the Standards of Performance for Volatile Organic 
Compound (VOC) Emissions from the Polymer Manufacturing Industry (55 FR 
51035). This action revises the promulgated rules by adding provisions, 
correcting errors, and making clarifications in all of the above-
mentioned rulemakings, as described in the remainder of this document.

DATES: The direct final rule is effective May 10, 1999 without further 
notice unless the Agency receives relevant adverse comments by April 8, 
1999. (However, see information on the public hearing below.) Should 
the Agency receive such comments, it will publish a timely withdrawal 
informing the public that this rule will not take effect.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by March 19, 1999, a public hearing will be held in 
Research Triangle Park, North Carolina, beginning at 10 a.m. on March 
23, 1999. Persons interested in attending the hearing should call Ms. 
Marguerite Thweatt at (919) 541-5673 to verify that a hearing will be 
held. If a hearing is requested, written comments must be received by 
April 23, 1999.

ADDRESSES: Written comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-92-44 (Group I Polymers and Resins) and/or 
Docket Number A-92-45 (Group IV Polymers and Resins), Room M-1500, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. The EPA requests that a separate copy of each public comment be 
sent to the contact person listed below (see FOR FURTHER INFORMATION 
CONTACT). Comments may also be submitted electronically by following 
the instructions provided in SUPPLEMENTARY INFORMATION.

    Docket. Docket numbers A-92-44 and A-92-45, containing information 
relevant to this Direct Final Rule, are available for public inspection 
between 8 a.m. and 5:30 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. The docket is located at the above 
address in Room M-1500, Waterside Mall (ground floor). Alternatively, a 
docket index, as well as individual items contained within the docket, 
may be obtained by calling (202) 260-7548 or (202) 260-7549. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Rosensteel, Organic 
Chemicals Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5608.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this direct final rule include:

------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.....................  Butyl Rubber, Halobutyl Rubber,
                                Epichlorohydrin Elastomer, Ethylene
                                Propylene Rubber, HypalonTM, Neoprene,
                                Nitrile Butadiene Rubber, Nitrile
                                Butadiene Latex, Polybutadiene Rubber,
                                Styrene-Butadiene Rubber or Latex,
                                Acrylonitrile Butadiene Styrene Resin,
                                Styrene Acrylonitrile Resin, Methyl
                                Methacrylate Acrylonitrile Butadiene
                                Styrene Resin, Methyl Methacrylate
                                Butadiene Styrene Resin, Poly(ethylene
                                terephthalate) Resin, Polystyrene Resin,
                                Nitrile Resin, Polypropylene and
                                polyethylene producers
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this direct 
final rule, you should carefully examine the applicability criteria in 
Secs. 63.480 and 63.1310 of the promulgated rules. If you have any 
questions regarding the applicability of this direct final rule to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

Electronic Access and Filing Addresses

    This document, the promulgated texts, and other background 
information are available in Docket Numbers A-92-44 and A-92-45 or by 
request from the EPA's Air and Radiation Docket and Information Center 
(see ADDRESSES). These documents can also be accessed through the EPA 
web site at: http://www.epa.gov/ttn/oarpg. For further information and 
general questions regarding the Technology Transfer Network (TTN), call 
Mr. Hersch Rorex (919) 541-5637 or Mr. Phil Dickerson (919) 541-4814.
    Electronic comments and data may be submitted by sending electronic 
mail (e-mail) to: [email protected]. Submit comments 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 Word 
Perfect 5.1 or 6.1 or ACSII file format. Identify all comments and data 
in electronic form by the docket numbers A-92-44 and/or A-92-45. No 
Confidential Business Information (CBI) should be submitted through 
electronic mail. Electronic comments may be filed online at many 
Federal Depository Libraries. For additional information concerning 
comments, see the parallel proposal action found in the Proposed Rules 
section of this Federal Register.

Outline

    The information presented in this preamble is organized as follows:

I. Background
II. Summary of and Rationale for Revisions
    A. Correction to Equation in Sec. 60.564
    B. Modification of Compressors
    C. Compliance Extension for Compressors
    D. Changes to the 20 ppmv Organic HAP Outlet Concentration 
Option for Group 1 Continuous Process Vents
    E. Addition of New PET Compliance Options
    F. Clarification of the Term ``Primary Condenser''

[[Page 11537]]

    G. References to Test Methods for the Polymers and Resins I Rule
    H. Cross-reference and Grammatical Corrections in Emissions 
Averaging Provisions
    I. Removal of Reference to Obsolete HON Table
    J. Clarification to Group 1 Storage Vessel Requirements in 
Subpart JJJ
    K. Process Vent Provisions for Affected Sources Producing 
Acrylonitrile Styrene Acrylate Resin/Alpha Methyl Styrene 
Acrylonitrile Resin (ASA/AMSAN)
    L. Exemptions from Wastewater Provisions in Subpart JJJ
    M. Amendments to Tables 3 and 5 of Subpart JJJ
III. Impacts
IV. Administrative Requirements
    A. Docket
    B. Executive Order 12866
    C. Executive Order 12875: Enhancing Intergovernmental 
Partnerships
    D. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility
    G. Paperwork Reduction Act
    H. Applicability of Executive Order 13045
    I. Submission to Congress and the Comptroller General
    J. National Technology Transfer and Advancement Act

I. Background

    On September 5, 1996 (61 FR 46906), and September 12, 1996 (61 FR 
48208), the EPA published the Group I Polymers and Resins NESHAP and 
the Group IV Polymers and Resins NESHAP, respectively. These 
regulations were promulgated as subparts U and JJJ in 40 CFR part 63. 
On November 25, 1996 the EPA published an Advance Notice of Proposed 
Rulemaking (ANPR) (61 FR 59849) informing the public of the intent to 
propose amendments to the recently promulgated Group I Polymers and 
Resins NESHAP and Group IV Polymers and Resins NESHAP.
    Although it is anticipated that the amendments to the Group I and 
Group IV Polymers and Resins NESHAP will be published simultaneously 
with this Direct Final Rule, it is not likely that those amendments 
will be finalized prior to Spring 1999. For that reason, the EPA is 
publishing this direct final rule, which, as long as no relevant 
adverse comments are received by April 8, 1999, will become effective 
immediately (without further rulemaking action) on May 10, 1999. If 
adverse comments are received on one or more of the distinct 
amendments, paragraphs, or sections in this rulemaking, the EPA will 
publish a timely withdrawal in the Federal Register withdrawing the 
specific provisions that are the subject of adverse comment. Any 
provision in today's rulemaking that does not receive adverse comment 
will become effective on the date set out above, notwithstanding any 
adverse comment on any other distinct provision in today's rulemaking. 
The EPA is publishing this rule as a direct final rule because the EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, should adverse comments be received on a distinct 
provision in this rulemaking, the EPA will publish a timely withdrawal 
in the Federal Register indicating which provisions will become 
effective and which provisions are being withdrawn. If part or all of 
this direct final rule is withdrawn, all public comments received will 
be addressed in a subsequent final rule based on today's proposal. The 
nature of the changes contained in today's direct final rule are such 
that it will be of great benefit to industry and the States for these 
changes to become effective sooner rather than later, as will be 
described in more detail below.

II. Summary of and Rationale for Revisions

A. Correction to Equation in Sec. 60.564

    The first correction that this direct final rule makes is to an 
equation in Sec. 60.564 of the Standards for Performance for Volatile 
Organic Compound (VOC) Emissions from the Polymer Manufacturing 
Industry (subpart DDD). The equation in Sec. 60.564(h) is being 
corrected so that the emission rate determined by the equation is 
actually in kg total organic compound (TOC) per Mg product. During work 
on the other changes contained in this direct final rule, the EPA 
became aware that the promulgated version of the equation in 
Sec. 60.564(h) misplaced the conversion factor between kilograms and 
megagrams, resulting in an erroneous production rate of polymer. The 
corrected equation results in the correct units for the emission rate 
of TOC (i.e., kg TOC/Mg product).

B. Modification of Compressors

    The remainder of the changes contained in this Direct Final Rule 
are either in the Group I Polymers and Resins NESHAP, in the Group IV 
Polymers and Resins NESHAP, or both. The NESHAP for Group I Polymers 
and Resins and for Group IV Polymers and Resins omitted a provision 
that is contained in the Hazardous Organics NESHAP (HON), 40 CFR part 
63, subpart H, on which these provisions are based. This provision, as 
added at Secs. 63.481(d)(1)(iv) and 63.1311(d)(1)(iv), specifies 
another criterion to be considered in determining the compliance data 
for compressors.

C. Compliance Extension for Compressors

    This direct final rule includes new language in Sec. 63.1311(d)(4), 
as Sec. 63.1311(d)(4)(ii), which corrects an error in the promulgated 
paragraph. At promulgation, this paragraph identified two situations in 
which a compliance extension could be requested. These situations are 
if the compressor must be replaced or the distance piece must be 
recast. A third situation (which was included in subpart U, as 
Sec. 63.481(d)(4)(iii)) should have been included, which is if a design 
modification is required to connect the compressor to a closed-vent or 
recovery system. As part of adding this third situation, the paragraph 
was reorganized to improve the clarity.

D. Changes to the 20 ppmv Organic HAP Outlet Concentration Option for 
Group 1 Continuous Process Vents

    Several changes have been made related to the 20 ppmv organic HAP 
outlet concentration compliance option for Group 1 continuous process 
vents subject to Secs. 63.485 or 63.1315, which reference to the HON 
process vent requirements in Secs. 63.113 through 63.118. The outlet 
concentration limit of 20 ppmv represents the performance limit of the 
control technology (see 61 FR 43698, August 26, 1996, pg. 43704 for 
more details). When determining compliance with the 20 ppmv outlet 
concentration standard under Secs. 63.485 or 63.1315, the promulgated 
rule required that the outlet concentration be corrected to 3 percent 
oxygen. The changes made in this direct final rule only require a 
correction to 3 percent oxygen if supplemental combustion air is used 
to combust the emissions. A definition of supplemental combustion air 
has also been added. Finally, similar language has been added as part 
of adding a 20 ppmv outlet concentration compliance option to the 
aggregate batch vent stream provisions. The addition of a 20 ppmv 
organic HAP outlet concentration compliance option for aggregate batch 
vent streams is discussed later in this preamble.
    The Polymers and Resins I and IV rules refer directly to the HON 
for control of continuous process vents subject to Secs. 63.485 or 
63.1315. Both rules (Polymers and Resins I and IV) refer to, and are 
based on, the HON process vent requirements for aggregate batch vent 
streams. Under the HON, the correction to 3 percent oxygen is

[[Page 11538]]

required for purposes of demonstrating compliance with the 20 ppmv 
outlet concentration standard. The purpose of correcting an outlet 
concentration to 3 percent oxygen is to prevent owners or operators 
from diluting streams to meet the 20 ppmv outlet concentration 
standard; dilution as a means of complying with a part 63 standard is 
prohibited by the General Provisions (see Sec. 63.4(b)). The value of 3 
percent originates from good engineering practices. Synthetic Organic 
Chemical Manufacturing (SOCMI) facilities subject to the HON do not 
typically have high oxygen, low VOC/HAP concentration streams; streams 
from SOCMI unit operations are typically low oxygen, high VOC/HAP 
concentration streams that require supplemental combustion air for 
purposes of combusting the emissions. For such oxygen deficient vent 
streams, adding the proper amount of supplemental combustion air would 
result in the outlet stream containing approximately 3 percent oxygen. 
The HON continuous process vent provisions are written assuming that 
continuous process vents will require supplemental combustion air when 
they are combusted, and therefore requires a 3 percent oxygen 
correction for all continuous process vents to prevent dilution.
    The concept of requiring the correction to 3 percent oxygen only 
when supplemental combustion air is used, as is done in this direct 
final rule has a precedent in the Polymer Manufacturing New Source 
Performance Standards (NSPS). During development of the Polymer 
Manufacturing NSPS, the issue of requiring a high oxygen, low VOC 
concentration stream to correct the outlet concentration to 3 percent 
oxygen was raised. Commenters made the point that an oxygen correction 
may be appropriate for oxygen deficient streams where supplemental 
combustion air has been added in order to ensure combustion of the 
emissions, but such a correction is not appropriate for high oxygen, 
low VOC concentration streams. Review of this concern revealed that 
requiring an oxygen correction for processes with inherently high 
oxygen concentration streams would amount to taking away the compliance 
option of reaching the 20 ppmv outlet concentration. Because the 
combination of low VOC/HAP concentration and technology limitations of 
control devices sometimes make it impossible to achieve a 98 percent 
emission reduction, the 20 ppmv outlet concentration may be necessary 
for some streams. For the group of streams that cannot demonstrate a 98 
percent emission reduction, failure to address this issue would make it 
impossible for owners or operators to demonstrate compliance. As a 
result of these considerations, the final rule for the Polymer 
Manufacturing NSPS was changed to require a correction to 3 percent 
oxygen only if supplemental combustion air was used to combust the 
emissions.
    The EPA has determined that a similar amendment is appropriate for 
the Polymers and Resins I and IV rules. Accordingly, the EPA has 
conducted a technical analysis to provide additional support for this 
decision. The technical analysis is documented in a memorandum to the 
project docket. The analysis found that an oxygen correction had not 
been applied to the data used to develop the 20 ppmv outlet 
concentration standard. Therefore, the 20 ppmv value is appropriate as 
an outlet concentration standard for uncorrected outlet concentrations 
(i.e., streams that do not require supplemental combustion air). This 
amendment does not alter the use of the 20 ppmv value compliance option 
where supplemental combustion air is used, provided, as with the 
promulgated rule, a 3 percent oxygen correction is made. Because the 
proper addition of supplemental combustion air should result in an 
oxygen outlet concentration of approximately 3 percent, requiring a 
correction to 3 percent oxygen should not change the outlet 
concentration of VOC/HAP significantly, and will ensure that the 20 
ppmv outlet concentration standard will not be met through dilution.
    In conclusion, the Polymers and Resins I and IV rules regulate 
industries (i.e., elastomer producers and thermoplastic producers, 
respectively) that may contain high oxygen, low VOC/HAP concentration 
process vent streams (e.g., streams that do not require supplemental 
combustion air such as vent streams from dryers), as well as low oxygen 
concentration streams. Therefore, for the same reason that a change was 
made to the Polymer Manufacturing NSPS and based on the support 
provided by the technical analysis described above, a provision to 
require an outlet concentration oxygen correction only when 
supplemental combustion air is used has been added to the continuous 
process vent provisions (i.e., Secs. 63.485 and 63.1315) for the 
Polymers and Resins I and IV rules. Similar changes have been made to 
the aggregate batch vent stream provisions, as part of adding a 20 ppmv 
outlet concentration compliance option to those provisions.
    Definitions of ``supplemental combustion air'' and ``combustion 
device burner''. The EPA has added a definition of supplemental 
combustion air that reads as follows:

    Supplemental combustion air means the air that is added to a 
vent stream after the vent stream leaves the unit operation. Air 
that is part of the vent stream as a result of the nature of the 
unit operation is not considered supplemental combustion air. Air 
required to operate combustion device burner(s) is not considered 
supplemental combustion air.

In adding this definition, the EPA is distinguishing supplemental 
combustion air from dilution air and from air required to operate the 
combustion device burner(s). The second sentence of the definition 
clarifies that a vent stream can contain air that is not considered to 
be ``supplemental combustion air,'' as long as the air is part of the 
vent stream prior to the vent stream leaving the unit operation. This 
clarification ensures that processes operating at ambient or near 
ambient oxygen levels are not considered to be using supplemental 
combustion air. An example of this kind of process is a dryer, where 
very high flow rates of ambient air are heated and blown over/through/
around polymer that is being dried and very low levels of HAP are 
picked up as part of the drying process. The third sentence of the 
definition clarifies that air used to operate combustion device 
burner(s) is not considered supplemental combustion air. Failure to 
include this clarification could allow the interpretation that every 
combustion device uses supplemental combustion air. To further clarify 
the meaning of this third sentence, the EPA has added a definition of 
combustion device burner that reads as follows:

    Combustion device burner means a device designed to mix and 
ignite fuel and air to provide a flame to heat and oxidize waste 
organic vapors in a combustion device.

    The EPA is not amending the reference in these rules to the General 
Provisions prohibition against dilution to prevent compliance through 
dilution. Section 63.4(b), Circumvention, discusses the prohibition 
against dilution, and specifically prohibits ``the use of diluents to 
achieve compliance with a relevant standard based on the concentration 
of a pollutant in the effluent discharged to the atmosphere.''

E. Addition of New PET Compliance Options

    Section 63.1316(b), which specifies control requirements for 
certain continuous process vents at

[[Page 11539]]

poly(ethylene terephthlate) (PET) affected sources, has been amended to 
add compliance options based on the use of combustion devices; 
combustion controls allowed in other sections of this rule assure 
highly efficient reduction of emissions. The changes to Sec. 63.1316(b) 
contained in this direct final rule will provide the same option for 
owners or operators of continuous dimethyl terephthalate (DMT) PET 
processes and continuous terephthalic acid (TPA) PET processes.
    The need for these changes became apparent when a request was 
received from a company (Docket A-92-45, item VI-A-12) that wanted to 
comply with the continuous process vent requirements of Sec. 63.1316(b) 
using combustion controls. In one situation, the company is controlling 
continuous process vents from a continuous DMT PET process with a 
boiler that acheives a 99.99 percent emission reduction, based on 
emission tests conducted by the EPA. In this case, emissions are 
reduced to a much greater extent than the promulgated rule requires, 
and wastewater streams from the process are also eliminated. In the 
second case, the company is controlling continuous process vents from a 
continuous TPA PET process with a catalytic incinerator that achieves 
98 percent emission reduction. Wastewater discharges from the process 
are eliminated in the second case, as well. Analysis shows that 
emissions are reduced to a greater extent with the control systems 
described above than would be achieved through compliance with the 
separate, promulgated process vent and wastewater provisions (Docket A-
92-45, Item VI-B-22).
    Therefore, the EPA believes that the same combustion control 
options (including, but not limited to, thermal incinerators, catalytic 
incinerators, boilers, or process heaters) that are allowed elsewhere 
in this rule (for example in Sec. 63.1316(c) for polystyrene affected 
sources) should be provided in Sec. 63.1316(b), since these combustion 
devices are highly efficient techniques for reducing organic HAP 
emissions. Also, the application of these combustion techniques allows 
innovative control strategies, including pollution prevention measures 
such as those described above, which might otherwise be discouraged 
under the promulgated rule.

F. Clarification of the Term ``Primary Condenser''

    In both the Group I and the Group IV Polymers and Resins NESHAP, 
this Direct Final Rule is amending language in order to clarify what 
these rules mean by the term ``primary condenser.'' This change is 
being made in Secs. 63.488(a)(2) and 63.1323(a)(2). There was some 
confusion over the language contained in those paragraphs at 
promulgation (partially due to an inconsistency between the promulgated 
preambles and the promulgated rules), and with the new language the EPA 
hopes to eliminate any such confusion. As Secs. 63.488(a)(2) and 
63.1323(a)(2) should make clear, a primary condenser can be a condenser 
operating as a reflux condenser on either a reactor or distillation 
column, or can be a condenser operating on a stripper or distillation 
operation to recover monomer, reaction products, by-products, or 
solvent.

G. References to Test Methods for the Polymers and Resins I Rule

    This direct final rule is also adding references to the Test 
Methods for the Polymers and Resins I Rule, which were finalized on 
March 17, 1997 (62 FR 12546), and are contained in Appendix A of part 
63. The newly added references to those Test Methods are contained in 
Secs. 63.495(b)(3) and (e) and 63.505(e)(1)(ii).

H. Cross-Reference and Grammatical Corrections in Emissions Averaging 
Provisions

    This direct final rule is making cross-reference and grammatical 
corrections (e.g., changing ``can'' to ``may,'' where appropriate) 
throughout Secs. 63.503 and 63.1332. No substantive changes have been 
made to either of those two sections.

I. Removal of Reference to Obsolete HON Table

    In Secs. 63.506(e)(4)(ii)(H)(1) and 63.1335(e)(4)(ii)(L)(1), a 
reference to Table 14b of subpart G has been removed, because that 
table was removed in the promulgated amendments to the HON.

J. Clarification to Group 1 Storage Vessel Requirements in Subpart JJJ

    A new paragraph is being introduced with this direct final rule 
(Sec. 63.1314(b)(3)), in order to clarify that, for all storage vessels 
that are not described in Sec. 63.1314(b)(1) or (2), the owner or 
operator must control emissions to the level specified in Sec. 63.119.

K. Process Vent Provisions for Affected Sources Producing Acrylonitrile 
Styrene Acrylate Resin/Alpha Methyl Styrene Acrylonitrile Resin (ASA/
AMSAN)

    This direct final rule includes a new paragraph at Sec. 63.1315(e), 
which states the special control level for process vents at affected 
sources that produce acrylonitrile styrene acrylate resin (ASA) or 
alpha methyl styrene acrylonitrile resin (AMSAN). In addition, a 
reference to the new provisions in Sec. 63.1315(e) has been added in 
Sec. 63.1321, as Sec. 63.1321(d).

L. Exemptions from Wastewater Provisions in Subpart JJJ

    This direct final rule adds two paragraphs to Sec. 63.1330, both of 
which act as exemptions from certain wastewater provisions in that 
section. The new paragraphs are Sec. 63.1330(d) and (e), and pertain to 
affected sources producing ASA/AMSAN and affected sources producing 
polystyrene using a continuous or batch process.

M. Amendments to Tables 3 and 5 of Subpart JJJ

    This direct final rule makes corrections and clarifications to both 
Tables 3 and 5. In the amended Table 5, the entry for Group 1 storage 
vessels associated with the production of styrene acrylonitrile resin 
(SAN) was clarified and footnote ``d'' was added. Because there are 
different control levels for different sets of storage vessels, the 
promulgated table appeared to present overlapping capacity and vapor 
pressure criteria, which was not the EPA's intent.

III. Impacts

    The changes contained in this direct final rule are corrections and 
clarifications of the EPA's intent at the promulgation of subparts U 
and JJJ, and will not affect the estimated emissions reduction or the 
control cost for these rules. These clarifications and corrections 
should make it easier for owners and operators of affected sources, and 
for local and State authorities, to understand and implement the 
requirements found in subparts U and JJJ.

IV. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, because material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the contents of the docket will serve as the

[[Page 11540]]

record in the case of judicial review. (See section 307(d)(7)(A) of the 
Act.)

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must submit to the Office of Management and Budget (OMB) for review 
significant regulatory actions. The Executive Order defines 
``significant regulatory action'' as one that OMB determines is likely 
to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this Direct Final Rule does not qualify 
as a ``significant regulatory action'' under the terms of Executive 
Order 12866 and, therefore, is not subject to review by the Office of 
Management and Budget.

C. Executive Order 12875: Enhancing Intergovernmental Partnerships

    Under Executive Order 12875, the EPA may not issue a regulation 
that is not required by statute and that creates a mandate upon a 
State, local, or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments, or EPA consults with those governments. 
If EPA complies by consulting, Executive Order 12875 requires EPA to 
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 direct final rule does not create a mandate on State, 
local, or tribal governments. This direct final 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 direct 
final rule.

D. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not required by statute, that significantly or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires the EPA to 
develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This direct final rule does not impose any duties or compliance 
costs on Indian tribal governments. Further, the direct final rule 
provided herein does not significantly alter the control standards 
imposed by subpart U or subpart JJJ for any source, including any that 
may affect communities of the Indian tribal governments. Hence, today's 
direct final 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 direct 
final rule.

E. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), 
requires that the Agency prepare a budgetary impact statement before 
promulgating a rule that includes a Federal mandate that may result in 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of more than $100 million in any one year. 
Section 203 requires the Agency to establish a plan for obtaining input 
from and informing, educating, and advising any small governments that 
may be significantly or uniquely affected by the rule.
    The EPA has determined that this direct final rule does not include 
a Federal mandate that may result in estimated costs of, in the 
aggregate, $100 million or more to either State, local, or tribal 
governments in the aggregate, or to the private sector, and that this 
direct final rule does not significantly or uniquely impact small 
governments, because it contains no requirements that apply to such 
governments or impose obligations upon them. The EPA has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective, or least burdensome alternative. 
In addition, because small governments will not be significantly or 
uniquely affected by this rule, the Agency is not required to develop a 
plan with regard to small governments. Therefore, the requirements of 
the Unfunded Mandates Act do not apply to this direct final rule.

F. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
business, small not-for-profit enterprises, and small governmental 
jurisdictions. This direct final rule would not have a significant 
impact on a substantial number of small entities, because it clarifies 
and makes corrections to the promulgated versions of the Group I and IV 
Polymers and Resins NESHAP, but imposes no additional regulatory 
requirements on owners or operators of affected sources.

G. Paperwork Reduction Act

    For both the Group I and Group IV Polymers and Resins NESHAP, the 
information collection requirements (ICRs) were submitted to the OMB 
under the Paperwork Reduction Act. At promulgation, OMB had already 
approved the ICRs for the Group IV Polymers and Resins NESHAP and 
assigned those standards the OMB control number 2060-0351. 
Subsequently, the OMB approved the ICRs for the Group I Polymers and 
Resins NESHAP, and on July 15, 1997 (62 FR 37720) the OMB control 
number

[[Page 11541]]

2060-0356 was assigned to the Group I Polymers and Resins NESHAP. An 
Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number. The OMB control numbers for the EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA 
has amended 40 CFR part 9, Sec. 9.1, to indicate the ICRs contained in 
the Group I and IV Polymers and Resins NESHAP.
    The amendments to the NESHAP contained in this direct final rule 
should have no impact on the information collection burden estimates 
made previously. Therefore, the ICRs have not been revised.

H. Applicability of Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that the EPA has reason to believe 
may have 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.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This direct final rule is not 
subject to Executive Order 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.

I. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this direct 
final rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of this direct final rule in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This direct final rule is not a 
``major rule'' as defined by 5 U.S.C. Sec. 804(2).

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary 
consensus standards instead of government-unique standards in their 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), the National Fire Protection Association (NFPA), and 
the Society of Automotive Engineers (SAE). The NTTAA requires Federal 
agencies like EPA to provide Congress, through OMB, with explanations 
when an agency decides not to use available and applicable voluntary 
consensus standards.
    This action does not involve the proposal of any new technical 
standards. The EPA welcomes comments on this aspect of the Direct Final 
Rule and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such 
standards should be used in this regulation.
    As part of a larger effort, the EPA is undertaking a project to 
cross-reference existing voluntary consensus standards on testing, 
sampling, and analysis with current and future EPA test methods. When 
completed, this project will assist the EPA in identifying potentially-
applicable voluntary consensus standards which can then be evaluated 
for equivalency and applicability in determining compliance with future 
regulations.

List of Subjects

40 CFR Part 60

    Environmental protection, Air pollution control, Volatile organic 
compounds.

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances.

    Dated: February 10, 1999.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows.

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7429, 7601, 
and 7602.

Subpart DDD--Standards of Performance for Volatile Organic Compound 
(VOC) Emissions From the Polymer Manufacturing Industry

* * * * *
    2. Amend Sec. 60.564 by revising paragraph (h) introductory text to 
read as follows:


Sec. 60.564  Test Methods and procedures.

* * * * *
    (h) The owner or operator shall determine compliance with the mass 
emission per mass product standards in Secs. 60.560(d) and (e) and in 
Secs. 60.562-1(b)(1)(i), (c)(1)(i)(A), (c)(1)(ii)(A), (c)(2)(i), and 
(c)(2)(ii)(A).
    The emission rate of TOC shall be computed using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR09MR99.004

Where:

ERTOC = Emission rate of total organic compounds (minus 
methane and ethane), kg TOC/Mg product.
ETOC = Emission rate of total organic compounds (minus 
methane and ethane) in the sample, kg/hr.
Pp = The rate of polymer produced, kg/hr.
Mg/1000 kg = Mg of polymer produced per kg of polymer produced.
* * * * *

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

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

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

[[Page 11542]]

Subpart U--National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins

    4. Amend Sec. 63.481 by revising paragraphs (d)(1)(ii), and 
(d)(1)(iii); and by adding paragraph (d)(1)(iv), to read as follows:


Sec. 63.481  Compliance schedule and relationship to existing 
applicable rules.

* * * * *
    (d) * * *
    (1) * * *
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes 
to the existing barrier fluid system; or
    (iv) The compressor will be modified to permit connecting the 
compressor to a fuel gas system or closed vent system, or be modified 
so that emissions from the compressor can be routed to a process.
* * * * *
    5. Amend Sec. 63.482 by adding, in alphabetical order, definitions 
for ``combustion device burner'' and ``supplemental combustion air,'' 
to paragraph (b), to read as follows:


Sec. 63.482  Definitions.

* * * * *
    (b) * * *
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic 
vapors in a combustion device.
* * * * *
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air.
* * * * *
    6. Amend Sec. 63.485 by revising paragraph (a); by adding and 
reserving paragraphs (t) and (u); and by adding paragraph (v), to read 
as follows:


Sec. 63.485  Continuous front-end process vent provisions.

    (a) For each continuous front-end process vent located at an 
affected source, the owner or operator shall comply with the 
requirements of Secs. 63.113 through 63.118, except as provided for in 
paragraphs (b) through (v) of this section. The owner or operator of 
continuous front-end process vents that are combined with one or more 
batch front-end process vents shall comply with paragraph (o) or (p) of 
this section.
* * * * *
    (v) When a combustion device is used to comply with the 20 parts 
per million by volume outlet concentration standard specified in 
Sec. 63.113(a)(2), the correction to 3 percent oxygen is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. In addition, the correction to 3 percent 
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. Finally, when a combustion device is used 
to comply with the 20 parts per million by volume outlet concentration 
standard specified in Sec. 63.113(a)(2), an owner or operator shall 
record and report the outlet concentration required in 
Sec. 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. When supplemental combustion air is not used 
to combust the emissions, an owner or operator may record and report 
the outlet concentration required in Sec. 63.117(a)(4)(ii) and 
(a)(4)(iv) on an uncorrected basis or corrected to 3 percent oxygen, 
for the purposes of this subpart.
    7. Amend Sec. 63.487 by revising paragraph (b)(2), to read as 
follows:


Sec. 63.487  Batch front-end process vents--reference control 
technology.

* * * * *
    (b) * * *
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent or to a concentration of 20 parts per 
million by volume, whichever is less stringent, on a continuous basis 
using a control device. For purposes of complying with the 20 parts per 
million by volume outlet concentration standard, the outlet 
concentration shall be calculated on a dry basis. When a combustion 
device is used for purposes of complying with the 20 parts per million 
by volume outlet concentration standard, the concentration shall be 
corrected to 3 percent oxygen if supplemental combustion air is used to 
combust the emissions. If supplemental combustion air is not used, a 
correction to 3 percent oxygen is not required.
* * * * *
    8. Amend Sec. 63.488 by revising paragraph (a)(2), to read as 
follows:


Sec. 63.488  Methods and procedures for batch front-end process vent 
group determination.

    (a) * * *
    (2) The annual uncontrolled organic HAP or TOC emissions and annual 
average batch vent flow rate shall be determined at the exit from the 
batch unit operation. For the purposes of these determinations, the 
primary condenser operating as a reflux condenser on a reactor or 
distillation column, the primary condenser recovering monomer, reaction 
products, by-products, or solvent from a stripper operated in batch 
mode, and the primary condenser recovering monomer, reaction products, 
by-products, or solvent from a distillation operation operated in batch 
mode shall be considered part of the batch unit operation. All other 
devices that recover or oxidize organic HAP or TOC vapors shall be 
considered control devices as defined in Sec. 63.482.
* * * * *
    9. Amend Sec. 63.490 by revising paragraph (e) introductory text 
and by adding paragraph (e)(3), to read as follows:


Sec. 63.490  Batch front-end process vents--performance test methods 
and procedures to determine compliance.

* * * * *
    (e) Aggregate batch vent stream testing for compliance with 
Sec. 63.487(b)(2). Except as specified in paragraphs (e)(1) through 
(e)(3) of this section, owners or operators of aggregate batch vent 
streams complying with Sec. 63.487(b)(2) shall conduct a performance 
test using the performance testing procedures for continuous front-end 
process vents in Sec. 63.116(c).
* * * * *
    (3) When a combustion device is used to comply with the 20 parts 
per million by volume outlet concentration standard specified in 
Sec. 63.487(b)(2), the correction to 3 percent oxygen specified in the 
performance testing procedures of Sec. 63.116(c)(3) and (c)(3)(iii) is 
only required when supplemental combustion air is used to combust the 
emissions, for the purposes of this subpart.
* * * * *
    10. Amend Sec. 63.491 by revising paragraph (b)(4) introductory 
text and adding paragraph (b)(5), to read as follows:


Sec. 63.491  Batch front-end process vents--recordkeeping requirements.

* * * * *
    (b) * * *
    (4) The following information when using a control device to meet 
the

[[Page 11543]]

percent reduction requirement specified in Sec. 63.487 (a)(2) or 
(b)(2):
* * * * *
    (5) When complying with the 20 parts per million by volume outlet 
concentration standard specified in Sec. 63.487(b)(2), records of the 
outlet concentration of organic HAP or TOC on a dry basis. If 
supplemental combustion air is used to combust the emissions, the 
outlet concentration shall be corrected to 3 percent oxygen. If 
supplemental combustion air is not used, a correction to 3 percent 
oxygen is not required.
* * * * *
    11. Amend Sec. 63.495 by revising paragraph (b)(3) and adding 
paragraph (e) to read as follows:


Sec. 63.495  Back-end process provisions--procedures to determine 
compliance using stripping technology.

* * * * *
    (b) * * *
    (3) The residual organic HAP content in each sample is to be 
determined using the Methods specified in paragraph (e) of this 
section.
* * * * *
    (e) The residual organic HAP content in each sample is to be 
determined using the methods specified in paragraphs (e)(1) through 
(e)(5) of this section, as applicable.
    (1) For styrene butadiene rubber produced by the emulsion process, 
either Method 312a, 312b, or 312c of 40 CFR part 63, appendix A, shall 
be used.
    (2) For styrene butadiene rubber produced by the solution process, 
either Method 313a or 313b of 40 CFR part 63, appendix A, shall be 
used.
    (3) For polybutadiene rubber produced by the solution process, 
either Method 313a or 313b of 40 CFR part 63, appendix A, shall be 
used.
    (4) For ethylene-propylene rubber produced by the solution process, 
either Method 310a, 310b, or 310c of 40 CFR part 63, appendix A, shall 
be used.
    (5) Alternatively, any other method that has been validated 
according to the applicable procedures in Method 301 of 40 CFR part 63, 
appendix A, may be used.
* * * * *
    12. Amend Sec. 63.503 by revising paragraphs (a) introductory text, 
(a)(2), (a)(3), (c) introductory text, (c)(2), (c)(5)(i), (c)(5)(ii), 
(d)(5), (e)(3)(ii), (e)(5), (g)(1), (g)(2)(ii)(A), (g)(2)(iii)(B)(1), 
(g)(2)(iii)(B)(2), (g)(3), (g)(5), (g)(7)(ii)(A), (h)(1) introductory 
text, (h)(3), (h)(5), (h)(6)(ii) introductory text (the Equation 
remains unchanged), (h)(7)(ii) introductory text, (i) introductory 
text, (i)(1) introductory text, (i)(1)(iii), (i)(2), (i)(3), (i)(5) 
introductory text, (i)(5)(i), (j)(2) introductory text, (j)(2)(ii)(B), 
(j)(2)(ii)(D), (j)(2)(ii)(E), (j)(2)(iv), (j)(2)(v), (k) introductory 
text, (k)(4) introductory text, (m)(1)(i), (m)(1)(ii), (m)(1)(iii), 
(m)(2)(i), (m)(2)(ii), (m)(3)(i), (m)(3)(ii), (m)(3)(iii), (m)(4)(ii), 
(m)(5)(i), (m)(5)(ii), (m)(5)(iii), and (m)(5)(iv), to read as follows:


Sec. 63.503  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing 
affected sources who seek to comply with Sec. 63.483(b) by using 
emissions averaging rather than following the provisions of 
Secs. 63.484, 63.485, 63.486, 63.494, and 63.501.
* * * * *
    (2) Compliance with the provisions of this section may be based on 
either organic HAP or TOC.
    (3) For the purposes of the provisions in this section, whenever 
Method 18, 40 CFR part 60, appendix A, is specified within the 
paragraphs of this section or is specified by reference through 
provisions outside this section, Method 18 or Method 25A, 40 CFR part 
60, appendix A, may be used. The use of Method 25A, 40 CFR part 60, 
appendix A, shall conform with the requirements in paragraphs (a)(3)(i) 
and (a)(3)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
* * * * *
    (c) Paragraphs (c)(1) through (c)(4) of this section describe the 
emission points that may be used to generate emissions averaging 
credits if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point. Paragraph (c)(5) of this section 
discusses the use of pollution prevention in generating emissions 
averaging credits.
* * * * *
    (2) Storage vessels, continuous front-end process vents, and 
process wastewater steams that are determined to be Group 1 emission 
points and that are controlled by a technology that the Administrator 
or permitting authority agrees has a higher nominal efficiency than the 
reference control technology. Information on the nominal efficiencies 
for such technologies shall be submitted and approved as provided in 
paragraph (i) of this section.
* * * * *
    (5) * * *
    (i) For a Group 1 storage vessel, batch front-end process vent, 
aggregate batch vent stream, continuous front-end process vent, or 
process wastewater stream, the pollution prevention measure shall 
reduce emissions more than if the reference control technology or 
standard had been applied to the emission point instead of the 
pollution prevention measure, except as provided in paragraph 
(c)(5)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 storage vessel, batch front-end process 
vent, aggregate batch vent stream, continuous front-end process vent, 
or process wastewater stream, the pollution prevention measure alone 
does not have to reduce emissions more than the reference control 
technology or standard, but the combination of the pollution prevention 
measure and other controls shall reduce emissions more than if the 
applicable reference control technology or standard had been applied 
instead of the pollution prevention measure.
    (d) * * *
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart cannot be used to generate credits, unless 
the level of control has been increased after November 15, 1990 to a 
level above what is required by the other State or Federal rule. Only 
the control above what is required by the other State or Federal rule 
will be credited. However, if an emission point has been used to 
generate emissions averaging credit in an approved emissions average, 
and the emission point is subsequently made subject to a State or 
Federal rule other than this subpart, the emission point may continue 
to generate emissions averaging credit for the purpose of complying 
with the previously approved emissions average.
    (e) * * *
    (3) * * *
    (ii) The initial demonstration in the Emissions Averaging Plan or 
operating permit application that credit-generating emission points 
will be capable of generating sufficient credits to offset the debits 
from the debit-generating emission points shall be made under 
representative operating conditions. After the compliance date, actual 
operating data will be used for all debit and credit calculations.
* * * * *
    (5) Record and report quarterly and annual credits and debits in 
the Periodic

[[Page 11544]]

Reports as specified in Sec. 63.506(e)(6). Every fourth Periodic Report 
shall include a certification of compliance with the emissions 
averaging provisions as required by Sec. 63.506(e)(6)(x)(C)(2).
* * * * *
    (g) * * *
    (1) Source-wide debits shall be calculated using Equation 33. 
Debits and all terms of the equation are in units of megagrams per 
month (Mg/month):
[GRAPHIC] [TIFF OMITTED] TR09MR99.005

Where:

ECFEPViACTUAL = Emissions from each Group 1 continuous 
front-end process vent i that is uncontrolled or is controlled to a 
level less stringent than the applicable reference control 
technology. ECFEPViACTUAL is calculated according to 
paragraph (g)(2)(iii) of this section.
(0.02)ECFEPViu = Emissions from each Group 1 continuous 
front-end process vent i if the applicable reference control 
technology had been applied to the uncontrolled emissions. 
ECFEPViu is calculated according to paragraph (g)(2)(ii) 
of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i 
that is uncontrolled or is controlled to a level less stringent than 
the applicable reference control technology or standard. 
ESiACTUAL is calculated according to paragraph (g)(3) of 
this section.
(0.05)ESiu = Emissions from each Group 1 storage vessel i 
if the applicable reference control technology or standard had been 
applied to the uncontrolled emissions. ESiu is calculated 
according to paragraph (g)(3) of this section.
EBEPACTUAL = Emissions from back-end process operations 
that do not meet the residual organic HAP limits in Sec. 63.494. 
EBEPACTUAL is calculated according to paragraph (g)(4)(i) 
of this section.
EBEPc = Emissions from back-end process operations if the 
residual organic HAP limits in Sec. 63.494(a) were met. 
EBEPc is calculated according to paragraph (g)(4)(ii) of 
this section.
EWWiACTUAL = Emissions from each Group 1 wastewater 
stream i that is uncontrolled or is controlled to a level less 
stringent than the applicable reference control technology. 
EWWiACTUAL is calculated according to paragraph (g)(5) of 
this section.
EWWic = Emissions from each Group 1 wastewater stream i 
if the reference control technology had been applied to the 
uncontrolled emissions. EWWic is calculated according to 
paragraph (g)(5) of this section.
EBFEPViACTUAL = Emissions from each Group 1 batch front-
end process vent stream i that is uncontrolled or is controlled to a 
level less stringent than the applicable standard. 
EBFEPViACTUAL is calculated according to paragraph 
(g)(6)(ii) of this section.
(0.1) EBFEPViu = Emissions from each Group 1 batch front-
end process vent i if the applicable standard had been applied to 
the uncontrolled emissions. EBFEPViu is calculated 
according to paragraph (g)(6)(i) of this section.
EABViACTUAL = Emissions from each Group 1 aggregate batch 
vent stream i that is uncontrolled or is controlled to a level less 
stringent than the applicable standard. EABViACTUAL is 
calculated according to paragraph (g)(7)(iii) of this section.
(0.1) EABViu = Emissions from each Group 1 aggregate 
batch vent stream i if the applicable standard had been applied to 
the uncontrolled emissions. EABViu is calculated 
according to paragraph (g)(7)(ii) of this section.
n = The number of emission points being included in the emissions 
average.

    (2) * * *
    (ii) * * *
    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj shall be established in the 
Notification of Compliance Status and shall be updated as provided in 
paragraph (g)(2)(ii)(B) of this section.
* * * * *
    (iii) * * *
* * * * *
    (B) * * *
    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 if a combustion control device is used. For a 
flare meeting the criteria in Sec. 63.116(a), or a boiler or process 
heater meeting the criteria in Sec. 63.116(b), the percent reduction 
shall be 98 percent. If a noncombustion control device is used, percent 
reduction shall be demonstrated by a performance test at the inlet and 
outlet of the device, or, if testing is not feasible, by a control 
design evaluation and documented engineering calculations.
    (2) For determining debits from Group 1 continuous front-end 
process vents, product recovery devices shall not be considered control 
devices and cannot be assigned a percent reduction in calculating 
ECFEPViACTUAL. The sampling site for measurement of 
uncontrolled emissions is after the final product recovery device. 
However, as provided in Sec. 63.113(a)(3), a Group 1 continuous front-
end process vent may add sufficient product recovery to raise the TRE 
index value above 1.0, thereby becoming a Group 2 continuous front-end 
process vent. Such a continuous front-end process vent would not be a 
Group 1 continuous front-end process vent and would, therefore, not be 
included in determining debits under this paragraph.
* * * * *
    (3) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(g)(3).
* * * * *
    (5) Emissions from wastewater shall be calculated using the 
procedures specified in Sec. 63.150(g)(5).
* * * * *
    (7) * * *
    (ii) * * *
    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj shall be established in the 
Notification of Compliance Status and shall be updated as provided in 
paragraph (g)(7)(ii)(B) of this section.
* * * * *
    (h) * * *
    (1) Source-wide credits shall be calculated using Equation 41. 
Credits and all terms of the equation are in units of Mg/month, and the 
baseline date is November 15, 1990:

[[Page 11545]]

[GRAPHIC] [TIFF OMITTED] TR09MR99.006


Where:

D = Discount factor = 0.9 for all credit generating emission points, 
except those controlled by a pollution prevention measure; discount 
factor = 1.0 for each credit generating emission point controlled by 
a pollution prevention measure (i.e., no discount provided).
ECFEPV1iACTUAL = Emissions for each Group 1 continuous 
front-end process vent i that is controlled to a level more 
stringent than the reference control technology. 
ECFEPV1iACTUAL is calculated according to paragraph 
(h)(2)(ii) of this section.
(0.02)ECFEPV1iu = Emissions from each Group 1 continuous 
front-end process vent i if the reference control technology had 
been applied to the uncontrolled emissions. ECFEPV1iu is 
calculated according to paragraph (h)(2)(i) of this section.
ECFEPV2iACTUAL = Emissions from each Group 2 continuous 
front-end process vent i that is controlled. 
ECFEPV2iACTUAL is calculated according to paragraph 
(h)(2)(iii) of this section.
ECFEPV2iBASE = Emissions from each Group 2 continuous 
front-end process vent i at the baseline date. 
ECFEPV1iBASE is calculated in paragraph (h)(2)(iv) of 
this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
that is controlled to a level more stringent than the reference 
control technology or standard. ES1iACTUAL is calculated 
according to paragraph (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel 
i if the reference control technology had been applied to the 
uncontrolled emissions. ES1iu is calculated according to 
paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
that is controlled. ES2iACTUAL is calculated according to 
paragraph (h)(3) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i 
at the baseline date. ES2iBASE is calculated in paragraph 
(h)(3) of this section.
EBEPACTUAL = Actual emissions from back-end process 
operations, Mg/month. EBEPACTUAL is calculated in 
paragraph (h)(4)(i) of this section.
EBEPc = Emissions from back-end process operations if the 
residual organic HAP limits in Sec. 63.494(a) were met, Mg/month. 
EBEPc is calculated in paragraph (h)(4)(ii) of this 
section.
EWW1iACTUAL = Emissions from each Group 1 wastewater 
stream i that is controlled to a level more stringent than the 
reference control technology. EWW1iACTUAL is calculated 
according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i 
if the reference control technology had been applied to the 
uncontrolled emissions. EWW1ic is calculated according to 
paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater 
stream i that is controlled. EWW2iACTUAL is calculated 
according to paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream 
i at the baseline date. EWW2iBASE is calculated according 
to paragraph (h)(5) of this section.
(0.1) EBFEPV1iu = Emissions from each Group 1 batch 
front-end process vent i if the applicable standard had been applied 
to the uncontrolled emissions. EBFEPViu is calculated 
according to paragraph (h)(6)(i) of this section.
EBFEPV1iACTUAL = Emissions from each Group 1 batch front-
end process vent i that is controlled to a level more stringent than 
the applicable standard. EBFEPV1iACTUAL is calculated 
according to paragraph (h)(6)(ii) of this section.
(0.1)EABV1iu = Emissions from each Group 1 aggregate 
batch vent stream i if the applicable standard had been applied to 
the uncontrolled emissions. EABV1iu is calculated 
according to paragraph (h)(7)(i) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate 
batch vent stream i that is controlled to a level more stringent 
than the applicable standard. EABV1iACTUAL is calculated 
according to paragraph (h)(7)(ii) of this section.
EBFEPV2iBASE = Emissions from each Group 2 batch front-
end process vent i at the baseline date.
EBFEPV2iBASE is calculated according to paragraph 
(h)(6)(iv) of this section.
EBFEPV2iACTUAL = Emissions from each Group 2 batch front-
end process vent i that is controlled. EBFEPV2iACTUAL is 
calculated according to paragraph (h)(6)(iii) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch 
vent stream i at the baseline date. EABV2iBASE is 
calculated according to paragraph (g)(7)(iv) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate 
batch vent stream i that is controlled. EABV2iACTUAL is 
calculated according to paragraph (h)(7)(iii) of this section.
n = Number of Group 1 emission points included in the emissions 
average. The value of n is not necessarily the same for continuous 
front-end process vents, batch front-end process vents, aggregate 
batch vent streams, storage vessels, wastewater streams, or the 
collection of process sections within the affected source.
m = Number of Group 2 emission points included in the emissions 
average. The value of m is not necessarily the same for continuous 
front-end process vents, batch front-end process vents, aggregate 
batch vent streams, storage vessels, wastewater streams, or the 
collection of process sections within the affected source.
* * * * *
    (3) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(h)(3).
* * * * *
    (5) Emissions from wastewater streams shall be calculated using the 
procedures specified in Sec. 63.150(h)(5).
    (6) * * *
    (ii) Actual emissions from Group 1 batch front-end process vents 
controlled to a level more stringent than the standard 
(EBFEPV1iACTUAL) shall be calculated using Equation 46, 
where percent reduction is for the batch cycle: [Equation 46 is 
unchanged.]
* * * * *
    (7) * * *
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled

[[Page 11546]]

to a level more stringent than the standard (EABV1iACTUAL) 
shall be calculated using Equation 49:
[GRAPHIC] [TIFF OMITTED] TR09MR99.007

* * * * *
    (i) The following procedures shall be followed to establish nominal 
efficiencies for emission controls for storage vessels, continuous 
front-end process vents, and process wastewater streams. The procedures 
in paragraphs (i)(1) through (i)(6) of this section shall be followed 
for control technologies that are different in use or design from the 
reference control technologies and achieve greater percent reductions 
than the percent efficiencies assigned to the reference control 
technologies in Sec. 63.111.
    (1) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology, and 
the different control technology will be used in more than three 
applications at a single plant-site, the owner or operator shall submit 
the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of 
this section, as specified in Sec. 63.1335(e)(7)(ii), to the Director 
of the EPA Office of Air Quality Planning and Standards, in writing.
* * * * *
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA Method 
or any other method validated according to Method 301, 40 CFR part 63, 
appendix A. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented.
* * * * *
    (2) The Administrator shall determine within 120 days whether an 
application presents sufficient information to determine nominal 
efficiency. The Administrator reserves the right to request specific 
data in addition to the items listed in paragraph (i)(1) of this 
section.
    (3) The Administrator shall determine within 120 days of the 
submittal of sufficient data whether a control technology shall have a 
nominal efficiency and the level of that nominal efficiency. If, in the 
Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
* * * * *
    (5) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology and 
the different control technology will be used in no more than three 
applications at a single plant site, the owner or operator shall submit 
the information listed in paragraph (i)(1)(i) as specified in 
Sec. 63.506(e)(7)(ii) to the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology may be approved by the permitting authority as part of an 
operating permit application or modification. The permitting authority 
shall follow the procedures specified in paragraphs (i)(2) through 
(i)(4) of this section except that, in these instances, a Federal 
Register notice is not required to establish the nominal efficiency for 
the different technology.
* * * * *
    (j) * * *
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, may be used in 
calculating the actual emissions from an emission point in the debit 
and credit equations in paragraphs (g) and (h) of this section.
* * * * *
    (ii) * * *
    (B) For wastewater, EB shall be calculated according to 
Sec. 63.150(j)(2)(ii)(B).
* * * * *
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio may be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated according to 
Sec. 63.150(j)(2)(ii)(E).
* * * * *
    (iv) The same pollution prevention measure may reduce emissions 
from multiple emission points. In such cases, the percent reduction in 
emissions for each emission point shall be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(7) of this section, used to calculate credits for emission points 
controlled more stringently than the reference control technology or 
standard, the nominal efficiency of a pollution prevention measure is 
equivalent to the percent reduction of the pollution prevention 
measure. When a pollution prevention measure is used, the owner or 
operator of an affected source is not required to apply to the 
Administrator for a nominal efficiency and is not subject to paragraph 
(i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the emissions average 
will not result in greater hazard, or at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were controlled according to the provisions in 
Secs. 63.484, 63.485, 63.486, 63.493, and 63.501.
* * * * *
    (4) A hazard or risk equivalency demonstration shall:
* * * * *
    (m) * * *
    (1) * * *
    (i) Determine whether the continuous front-end process vent is 
Group 1 or Group 2 according to the procedures specified in Sec. 63.115 
and as required by Sec. 63.485;
    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 and as required by Sec. 63.485; 
and
    (iii) Monitor the operating parameters, keep records, and submit 
reports as specified in Secs. 63.114, 63.117(a), and 63.118(a) and (f), 
as required, for the specific control device as required by 
Sec. 63.485.
    (2) * * *
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index

[[Page 11547]]

value according to the procedures specified in Sec. 63.115; and
    (ii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Secs. 63.114, 
63.117(a), and 63.118(b) and (f), as required, for the specific 
recovery device, and as required by Sec. 63.485.
    (3) * * *
    (i) Perform the monitoring or inspection procedures according to 
the procedures specified in Sec. 63.120, and as required by 
Sec. 63.484;
    (ii) Perform the reporting and recordkeeping procedures according 
to the procedures specified in Secs. 63.122 and 63.123, and as required 
by Sec. 63.484; and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan according to the 
procedures specified in Sec. 63.120(d) and (b), and as required by 
Sec. 63.484.
    (4) * * *
    (ii) If a control or recovery device is used to reduce back-end 
process operation emissions, the owner or operator of the affected 
source shall comply with Secs. 63.496, 63.497, 63.498(d), and the 
applicable provisions of 63.499, and shall implement the provisions of 
these sections.
    (5) * * *
    (i) For wastewater treatment processes, conduct tests according to 
the procedures specified in Sec. 63.138(i) and (j), and as required by 
Sec. 63.501;
    (ii) Conduct inspections and monitoring according to the procedures 
specified in Sec. 63.143, and as required by Sec. 63.501;
    (iii) Implement a recordkeeping program according to the procedures 
specified in Sec. 63.147, and as required by Sec. 63.501; and
    (iv) Implement a reporting program according to the procedures 
specified in Sec. 63.146, and as required by Sec. 63.501.
* * * * *
    13. Amend Sec. 63.505 by revising paragraph (e)(1)(ii), to read as 
follows:


Sec. 63.505  Parameter monitoring levels and excursions.

* * * * *
    (e) * * *
    (1) * * *
    (ii) The residual organic HAP content in each sample is to be 
determined using Methods specified in Sec. 63.495(e).
* * * * *
    14. Amend Sec. 63.506 by revising paragraph (e)(4)(ii)(H)(1), to 
read as follows:


Sec. 63.506  General recordkeeping and reporting provisions.

* * * * *
    (e) * * *
    (4) * * *
    (ii) * * *
    (H) * * *
    (1) The required documentation shall include the data used to 
determine whether the wastewater stream is a Group 1 or Group 2 
wastewater stream.
* * * * *

Subpart JJJ--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins

    15. Amend Sec. 63.1311 by revising paragraphs (d)(1)(ii), 
(d)(1)(iii), and (d)(4), and adding paragraph (d)(1)(iv), to read as 
follows:


Sec. 63.1311  Compliance schedule and relationship to existing 
applicable rules.

* * * * *
    (d) * * *
    (1) * * *
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes 
to the existing barrier fluid system; or
    (iv) The compressor will be modified to permit connecting the 
compressor to a fuel gas system or a closed vent system or modified so 
that emissions from the compressor can be routed to a process.
* * * * *
    (4) Compliance with the compressor provisions of Sec. 63.164 shall 
occur not later than September 12, 1999 for any compressor meeting one 
or more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of 
this section. The owner or operator who elects to use these provisions 
shall submit a request for an extension of compliance in accordance 
with the requirements of paragraph (d)(2)(iv) of this section.
    (i) Compliance cannot be achieved without replacing the compressor;
    (ii) Compliance cannot be achieved without recasting the distance 
piece; or
    (iii) Design modifications are required to connect to a closed-vent 
or recovery system.
* * * * *
    16. Amend Sec. 63.1312 by adding, in alphabetical order, 
definitions for ``combustion device burner'' and ``supplemental 
combustion air,'' to paragraph (b), to read as follows:


Sec. 63.1312  Definitions.

* * * * *
    (b) * * *
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic 
vapors in a combustion device.
* * * * *
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air.
* * * * *
    17. Amend Sec. 63.1314 by adding paragraph (b)(3), to read as 
follows:


Sec. 63.1314  Storage vessel provisions.

* * * * *
    (b) * * *
    (3) For all other storage vessels designated as Group 1 storage 
vessels, emissions shall be controlled to the level designated in 
Sec. 63.119.
* * * * *
    18. Amend Sec. 63.1315 by revising paragraph (a) introductory text; 
adding and reserving paragraphs (a)(16) and (a)(17); and adding 
paragraphs (a)(18) and (e), to read as follows:


Sec. 63.1315  Continuous process vents provisions.

    (a) For each continuous process vent located at an affected source, 
the owner or operator shall comply with the requirements of 
Secs. 63.113 through 63.118, with the differences noted in paragraphs 
(a)(1) through (a)(18) of this section for the purposes of this 
subpart, except as provided in paragraphs (b) through (e) of this 
section.
* * * * *
    (16) [Reserved]
    (17) [Reserved]
    (18) When a combustion device is used to comply with the 20 parts 
per million by volume outlet concentration standard specified in 
Sec. 63.113(a)(2), the correction to 3 percent oxygen is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. In addition, the correction to 3 percent 
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. Finally, when a combustion device is used 
to comply with the 20 parts per million by volume outlet concentration 
standard specified in Sec. 63.113(a)(2), an owner or operator shall 
record and report the outlet concentration required in 
Sec. 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. When supplemental combustion air is not used 
to combust

[[Page 11548]]

the emissions, an owner or operator may record and report the outlet 
concentration required in Sec. 63.117(a)(4)(ii) and (a)(4)(iv) on an 
uncorrected basis or corrected to 3 percent oxygen, for the purposes of 
this subpart.
* * * * *
    (e) Owners or operators of affected sources producing ASA/AMSAN 
shall reduce organic HAP emissions from each continuous process vent, 
each batch process vent, and each aggregate batch vent stream by 98 
weight-percent and shall comply with either paragraph (e)(1), (e)(2), 
or (e)(3), as appropriate. Where batch process vents or aggregate batch 
vent streams are combined with continuous process vents, the provisions 
of paragraph (a)(13) of this section shall apply for the purposes of 
this paragraph (e).
    (1) For each continuous process vent, comply with paragraph (a) of 
this section as specified in paragraphs (e)(1)(i) through (e)(1)(ii) of 
this section.
    (i) For purpose of this section, each continuous process vent shall 
be considered to be a Group 1 continuous process vent and the owner or 
operator of that continuous process vent shall comply with the 
requirements for a Group 1 continuous process vent.
    (ii) For purposes of this section, the group determination 
procedure required by Sec. 63.115 shall not apply.
    (2) For each batch process vent, comply with Secs. 63.1321 through 
63.1327 as specified in paragraphs (e)(2)(i) through (e)(2)(ii) of this 
section.
    (i) For purpose of this section, each batch process vent shall be 
considered to be a Group 1 batch process vent and the owner or operator 
of that batch process vent shall comply with the requirements for a 
Group 1 batch process vent contained in Secs. 63.1321 through 63.1327, 
except that each batch process vent shall be controlled to reduce 
organic HAP emissions by 98 weight-percent.
    (ii) For purposes of this section, the group determination 
procedure required by Sec. 63.1323 shall not apply.
    (3) For each aggregate batch vent stream, comply with Secs. 63.1321 
through 63.1327 as specified in paragraphs (e)(3)(i) through (e)(3)(ii) 
of this section.
    (i) For purpose of this section, each aggregate batch vent stream 
shall be considered to be a Group 1 aggregate batch vent stream and the 
owner or operator of that aggregate batch vent stream shall comply with 
the requirements for a Group 1 aggregate batch vent stream contained in 
Secs. 63.1321 through 63.1327, except that each aggregate batch vent 
stream shall be controlled to reduce organic HAP emissions by 98 
weight-percent.
    (ii) For purposes of this section, the group determination 
procedure required by Sec. 63.1323 shall not apply.
    19. Amend Sec. 63.1316 by revising the section title, paragraphs 
(b)(1)(i), (b)(1)(ii), (b)(2)(i), and (b)(2)(ii); and adding paragraphs 
(b)(1)(v) and (b)(2)(v), to read as follows:


Sec. 63.1316  PET and polystyrene affected sources--emissions control 
provisions.

* * * * *
    (b) * * *
    (1) * * *
    (i) The owner or operator of an existing affected source with 
organic HAP emissions greater than 0.12 kg organic HAP per Mg of 
product from continuous process vents in the collection of material 
recovery sections (i.e., methanol recovery) within the affected source 
shall comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or 
(b)(1)(i)(C) of this section. Emissions from continuous process vents 
in the collection of material recovery sections within the affected 
source shall be determined by the procedures specified in 
Sec. 63.1318(b). The owner or operator of a new affected source shall 
comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or 
(b)(1)(i)(C) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual material recovery section shall, as a whole, be no greater 
than 0.018 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of material recovery sections within 
the affected source shall, as a whole, be no greater than 0.018 kg 
organic HAP per Mg product from all associated TPPU(s);
    (B) As specified in Sec. 63.1318(d), the owner or operator shall 
maintain the daily average outlet gas stream temperature from each 
final condenser in a material recovery section at a temperature of 
+3 deg.C (+37 deg.F) or less (i.e., colder); or
    (C) Comply with paragraph (b)(1)(v) of this section.
    (ii) Limit organic HAP emissions from continuous process vents in 
the collection of polymerization reaction sections within the affected 
source by complying with either paragraph (b)(1)(ii)(A) or 
(b)(1)(ii)(B) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual polymerization reaction section within the affected source 
(including emissions from any equipment used to further recover 
ethylene glycol, but excluding emissions from process contact cooling 
towers) shall, as a whole, be no greater than 0.02 kg organic HAP per 
Mg of product from the associated TPPU(s); or alternatively, organic 
HAP emissions from all continuous process vents in the collection of 
polymerization reaction sections within the affected source shall, as a 
whole, be no greater than 0.02 kg organic HAP per Mg product from all 
associated TPPU(s); or
    (B) Comply with paragraph (b)(1)(v) of this section.
* * * * *
    (v) Comply with one of the following:
    (A) Reduce the emissions in a combustion device to achieve 98 
weight percent reduction or to achieve a concentration of 20 parts per 
million by volume (ppmv) on a dry basis, whichever is less stringent. 
If an owner or operator elects to comply with the 20 ppmv standard, the 
concentration shall include a correction to 3 percent oxygen only when 
supplemental combustion air is used to combust the emissions;
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hr or greater by 
introducing the emissions into the flame zone of the boiler or process 
heater; or
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec. 63.1333(e).
    (2) * * *
    (i) Limit organic HAP emissions from continuous process vents in 
the collection of raw material preparation sections within the affected 
source by complying with either paragraph (b)(2)(i)(A) or (b)(2)(i)(B) 
of this section.
    (A) Organic HAP emissions from all continuous process vents 
associated with the esterification vessels in each individual raw 
materials preparation section shall, as a whole, be no greater than 
0.04 kg organic HAP per Mg of product from the associated TPPU(s); or 
alternatively, organic HAP emissions from all continuous process vents 
associated with the esterification vessels in the collection of raw 
material preparation sections within the affected source shall, as a 
whole, be no greater than 0.04 kg organic HAP per Mg of product from 
all associated TPPU(s). Other continuous process vents (i.e., those not 
associated with the esterification vessels) in the collection of raw 
materials preparation sections within the affected source shall comply 
with Sec. 63.1315; or
    (B) Comply with paragraph (b)(2)(v) of this section.
    (ii) Limit organic HAP emissions from continuous process vents in 
the

[[Page 11549]]

collection of polymerization reaction sections within the affected 
source by complying with either paragraph (b)(2)(ii)(A) or 
(b)(2)(ii)(B) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual polymerization reaction section (including emissions from 
any equipment used to further recover ethylene glycol, but excluding 
emissions from process contact cooling towers) shall, as a whole, be no 
greater than 0.02 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of polymerization reaction sections 
within the affected source shall, as a whole, be no greater than 0.02 
kg organic HAP per Mg of product from all associated TPPU(s); or
    (B) Comply with paragraph (b)(2)(v) of this section.
* * * * *
    (v) Comply with one of the following:
    (A) Reduce the emissions in a combustion device to achieve 98 
weight percent reduction or to achieve a concentration of 20 parts per 
million by volume (ppmv) on a dry basis, whichever is less stringent. 
If an owner or operator elects to comply with the 20 ppmv standard, the 
concentration shall include a correction to 3 percent oxygen only when 
supplemental combustion air is used to combust the emissions;
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hr or greater by 
introducing the emissions into the flame zone of the boiler or process 
heater; or
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec. 63.1333(e).
* * * * *
    20. Amend Sec. 63.1321 by adding paragraph (d), to read as follows:


Sec. 63.1321  Batch process vents provisions.

* * * * *
    (d) Owners and operators of affected sources producing ASA/AMSAN 
shall comply with the provisions of Sec. 63.1315(e).
    21. Amend Sec. 63.1322 by revising paragraph (b)(2), to read as 
follows:


Sec. 63.1322  Batch process vents--reference control technology.

* * * * *
    (b) * * *
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent or to a concentration of 20 parts per 
million by volume, whichever is less stringent, on a continuous basis 
using a control device. For purposes of complying with the 20 parts per 
million by volume outlet concentration standard, the outlet 
concentration shall be calculated on a dry basis. When a combustion 
device is used for purposes of complying with the 20 parts per million 
by volume outlet concentration standard, the concentration shall be 
corrected to 3 percent oxygen if supplemental combustion air is used to 
combust the emissions. If supplemental combustion air is not used, a 
correction to 3 percent oxygen is not required.
* * * * *
    22. Amend Sec. 63.1323 by revising paragraph (a)(2), to read as 
follows:


Sec. 63.1323  Batch process vents--methods and procedures for group 
determination.

    (a) * * *
    (2) The annual uncontrolled organic HAP or TOC emissions and annual 
average batch vent flow rate shall be determined at the exit from the 
batch unit operation. For the purposes of these determinations, the 
primary condenser operating as a reflux condenser on a reactor or 
distillation column, the primary condenser recovering monomer, reaction 
products, by-products, or solvent from a stripper operated in batch 
mode, and the primary condenser recovering monomer, reaction products, 
by-products, or solvent from a distillation operation operated in batch 
mode shall be considered part of the batch unit operation. All other 
devices that recover or oxidize organic HAP or TOC vapors shall be 
considered control devices as defined in Sec. 63.1312.
* * * * *
    23. Amend Sec. 63.1325 by revising paragraph (e) introductory text 
and adding paragraph (e)(3), to read as follows:


Sec. 63.1325  Batch process vents--performance test methods and 
procedures to determine compliance.

* * * * *
    (e) Aggregate batch vent stream testing for compliance with 
Sec. 63.1322(b)(2) or (b)(3). Except as specified in paragraphs (e)(1) 
through (e)(3) of this section, owners or operators of aggregate batch 
vent streams complying with Sec. 63.1322(b)(2) or (b)(3) shall conduct 
a performance test using the performance testing procedures for 
continuous process vents in Sec. 63.116(c).
* * * * *
    (3) When a combustion device is used to comply with the 20 parts 
per million by volume outlet concentration standard specified in 
Sec. 63.1322(b)(2), the correction to 3 percent oxygen specified in the 
performance testing procedures of Sec. 63.116(c)(3) and 
Sec. 63.116(c)(3)(iii) is only required when supplemental combustion 
air is used to combust the emissions, for the purposes of this subpart.
* * * * *
    24. Amend Sec. 63.1326 by revising paragraph (b)(4) introductory 
text and adding paragraph (b)(5), to read as follows:


Sec. 63.1326  Batch process vents--recordkeeping provisions.

* * * * *
    (b) * * *
    (4) The following information when using a control device to meet 
the percent reduction requirement specified in Sec. 63.1322(a)(2), 
(a)(3), (b)(2), or (b)(3):
* * * * *
    (5) When complying with the 20 parts per million by volume outlet 
concentration standard specified in Sec. 63.1322(b)(2), records of the 
outlet concentration of organic HAP or TOC on a dry basis. If 
supplemental combustion air is used to combust the emissions, the 
outlet concentration shall be corrected to 3 percent oxygen. If 
supplemental combustion air is not used, a correction to 3 percent 
oxygen is not required.
* * * * *
    25. Amend Sec. 63.1330 by adding and reserving paragraph (c), and 
paragraphs (d) and (e), to read as follows:


Sec. 63.1330  Wastewater provisions.

* * * * *
    (c) [Reserved]
    (d) The provisions of paragraph (b) of this section do not apply to 
each affected source producing ASA/AMSAN.
    (e) The provisions of paragraphs (a), (b), and (c) of this section 
do not apply to each affected source producing polystyrene using either 
a continuous or batch process.
    26. Amend Sec. 63.1332 by revising paragraphs (a)(2), (a)(3) 
introductory text, (c) introductory text, (c)(3), (d)(5), (e)(3)(ii), 
(e)(5), (g)(1), (g)(2)(ii)(A), (g)(7)(ii)(A), (h)(1) introductory text, 
(h)(6)(ii) introductory text, (h)(7)(ii) introductory text (the 
equation remains unchanged), (i)(1) introductory text, (i)(1)(iii), 
(i)(2), (i)(3), (i)(5) introductory text, (i)(5)(i), (j)(2) 
introductory text, (j)(2)(ii)(B), (j)(2)(iv), (j)(2)(v), (k) 
introductory text, (k)(4) introductory text, and (l) introductory text, 
to read as follows:


Sec. 63.1332  Emissions averaging provisions.

    (a) * * *
    (2) Compliance with the provisions of this section may be based on 
either organic HAP or TOC.

[[Page 11550]]

    (3) For the purposes of these provisions, whenever Method 18, 40 
CFR part 60, appendix A, is specified within the paragraphs of this 
section or is specified by reference through provisions outside this 
section, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be 
used. The use of Method 25A, 40 CFR part 60, appendix A, shall conform 
with the requirements in paragraphs (a)(3)(i) and (a)(3)(ii) of this 
section.
* * * * *
    (c) Paragraphs (c)(1) through (c)(5) of this section describe the 
emission points that may be used to generate emissions averaging 
credits if control was applied after November 15, 1990, and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point. Paragraph (c)(6) of this section 
discusses the use of pollution prevention in generating emissions 
averaging credits.
* * * * *
    (3) Storage vessels, continuous process vents subject to 
Sec. 63.1315, and process wastewater streams that are determined to be 
Group 1 emission points and that are controlled by a technology that 
the Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies shall be submitted and 
approved as provided in paragraph (i) of this section.
* * * * *
    (d) * * *
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart cannot be used to generate credits, unless 
the level of control has been increased after November 15, 1990, to a 
level above what is required by the other State or Federal rule. Only 
the control above what is required by the other State or Federal rule 
will be credited. However, if an emission point has been used to 
generate emissions averaging credit in an approved emissions average, 
and the emission point is subsequently made subject to a State or 
Federal rule other than this subpart, the emission point may continue 
to generate emissions averaging credit for the purpose of complying 
with the previously approved emissions average.
    (e) * * *
    (3) * * *
    (ii) The initial demonstration in the Emissions Averaging Plan or 
operating permit application that credit-generating emission points 
will be capable of generating sufficient credits to offset the debits 
from the debit-generating emission points shall be made under 
representative operating conditions. After the compliance date, actual 
operating data will be used for all debit and credit calculations.
    (4) * * *
    (5) Record and report quarterly and annual credits and debits in 
the Periodic Reports as specified in Sec. 63.1335(e)(6). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by 
Sec. 63.1335(e)(6)(x)(C)(2).
* * * * *
    (g) * * *
    (1) Source-wide debits shall be calculated using Equation 28 of 
this subpart. Debits and all terms of Equation 28 of this subpart are 
in units of megagrams per month:
[GRAPHIC] [TIFF OMITTED] TR09MR99.008

Where:
ECPViACTUAL = Emissions from each Group 1 continuous 
process vent i subject to Sec. 63.1315 that is uncontrolled or is 
controlled to a level less stringent than the applicable reference 
control technology. ECPViACTUAL is calculated according 
to paragraph (g)(2) of this section.
(0.02)ECPViu = Emissions from each Group 1 continuous 
process vent i subject to Sec. 63.1315 if the applicable reference 
control technology had been applied to the uncontrolled emissions. 
ECPViu is calculated according to paragraph (g)(2) of 
this section.
ECPVSjACTUAL = Emissions from Group 1 continuous process 
vents subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), or (c)(1) located in the collection of process sections 
j within the affected source that are uncontrolled or controlled to 
a level less stringent than the applicable standard. 
ECPVSjACTUAL is calculated according to paragraph (g)(3) 
of this section.
ECPVSjSTD = Emissions from Group 1 continuous process 
vents subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), or (c)(1) located in the collection of process sections 
j within the affected source if the applicable standard had been 
applied to the uncontrolled emissions. ECPVSjSTD is 
calculated according to paragraph (g)(3) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i 
that is uncontrolled or is controlled to a level less stringent than 
the applicable reference control technology or standard. 
ESiACTUAL is calculated according to paragraph (g)(4) of 
this section.
(BL)ESiu = Emissions from each Group 1 storage vessel i 
if the applicable reference control technology or standard had been 
applied to the uncontrolled emissions. ESiu is calculated 
according to paragraph (g)(4) of this section. For calculating 
emissions, BL = 0.05 for each Group 1 storage vessel i subject to 
Sec. 63.1314(a); and BL = 0.02 for each storage vessel i subject to 
Sec. 63.1314(c).
EWWiACTUAL = Emissions from each Group 1 wastewater 
stream i that is uncontrolled or is controlled to a level less 
stringent than the applicable reference control technology. 
EWWiACTUAL is calculated according to paragraph (g)(5) of 
this section.
EWWic = Emissions from each Group 1 wastewater stream i 
if the reference control technology had been applied to the 
uncontrolled emissions. EWWic is calculated according to 
paragraph (g)(5) of this section.
EBPViACTUAL = Emissions from each Group 1 batch process 
vent i that is uncontrolled or is controlled to a level less 
stringent than the applicable standard. EBPVACTUAL is 
calculated according to paragraph (g)(6) of this section.
(0.10)EBPViu = Emissions from each Group 1 batch process 
vent i if the applicable standard had been applied to the 
uncontrolled emissions. EBPViu is calculated according to 
paragraph (g)(6) of this section.
EABViACTUAL = Emissions from each Group 1 aggregate batch 
vent stream i that is uncontrolled or is controlled to a level less 
stringent than the applicable standard. EABPViACTUAL is 
calculated according to paragraph (g)(7) of this section.

[[Page 11551]]

(0.10)EABViu = Emissions from each Group 1 aggregate 
batch vent stream i if the applicable standard had been applied to 
the uncontrolled emissions. EABViu is calculated 
according to paragraph (g)(7) of this section.
n = The number of emission points being included in the emissions 
average.

    (2) * * *
    (ii) * * *
    (A) The values of Q and Cj shall be determined during a performance 
test conducted under representative operating conditions. The values of 
Q and Cj shall be established in the Notification of Compliance Status 
and shall be updated as provided in paragraph (g)(2)(ii)(B) of this 
section.
* * * * *
    (7) * * *
    (ii) * * *
    (A) The values of Q and Cj shall be determined during a performance 
test conducted under representative operating conditions. The values of 
Q and Cj shall be established in the Notification of Compliance Status 
and shall be updated as provided in paragraph (g)(7)(ii)(B) of this 
section.
* * * * *
    (h) * * *
    (1) Sourcewide credits shall be calculated using Equation 35 of 
this subpart. Credits and all terms of Equation 35 of this subpart are 
in units of megagrams per month, and the baseline date is November 15, 
1990:
[GRAPHIC] [TIFF OMITTED] TR09MR99.009

Where:
D = Discount factor = 0.9 for all credit generating emission points 
except those controlled by a pollution prevention measure; discount 
factor = 1.0 for each credit generating emission point controlled by 
a pollution prevention measure (i.e., no discount provided).
ECPV1iACTUAL = Emissions for each Group 1 continuous 
process vent i subject to Sec. 63.1315 that is controlled to a level 
more stringent than the reference control technology. 
ECPV1iACTUAL is calculated according to paragraph (h)(2) 
of this section.
(0.02)ECPV1iu = Emissions from each Group 1 continuous 
process vent i subject to Sec. 63.1315 if the applicable reference 
control technology had been applied to the uncontrolled emissions. 
ECPV1iu is calculated according to paragraph (h)(2) of 
this section.
ECPVS1jSTD = Emissions from Group 1 continuous process 
vents subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), or (c)(1) located in the collection of process sections 
j within the affected source if the applicable standard had been 
applied to the uncontrolled emissions. ECPVS1jSTD is 
calculated according to paragraph (h)(3) of this section.
ECPVS1jACTUAL = Emissions from Group 1 continuous process 
vents subject to Sec. 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), or (c)(1) located in the collection of process sections 
j within the affected source that are controlled to a level more 
stringent than the applicable standard. ECPVS1jACTUAL is 
calculated according to paragraph (h)(3) of this section.
ECPV2iACTUAL = Emissions from each Group 2 continuous 
process vent i subject to Sec. 63.1315 that is controlled. 
ECPV2iACTUAL is calculated according to paragraph (h)(2) 
of this section.
ECPV2iBASE = Emissions from each Group 2 continuous 
process vent i subject to Sec. 63.1315 at the baseline date. 
ECPV2iBASE is calculated according to paragraph (h)(2) of 
this section.
ECPVS2jBASE = Emissions from Group 2 continuous process 
vents subject to Sec. 63.1316(b)(1)(i) located in the collection of 
material recovery sections j within the affected source at the 
baseline date. ECPVS2jBASE is calculated according to 
paragraph (h)(3) of this section.
ECPVS2jACTUAL = Emissions from Group 2 continuous process 
vents subject to Sec. 63.1316(b)(1)(i) located in the collection of 
material recovery sections j within the affected source that are 
controlled. ECPVS2jACTUAL is calculated according to 
paragraph (h)(3) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
that is controlled to a level more stringent than the applicable 
reference control technology or standard. ES1iACTUAL is 
calculated according to paragraph (h)(4) of this section.
(BL)ES1iu = Emissions from each Group 1 storage vessel i 
if the applicable reference control technology or standard had been 
applied to the uncontrolled emissions. ES1iu is 
calculated according to paragraph (h)(4) of this section. For 
calculating these emissions, BL = 0.05 for each Group 1 storage 
vessel i subject to Sec. 63.1314(a); and BL = 0.02 for each storage 
vessel i subject to Sec. 63.1314(c).
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
that is controlled. ES2iACTUAL is calculated according to 
paragraph (h)(4) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i 
at the baseline date. ES2iBASE is calculated according to 
paragraph (h)(4) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater 
stream i that is controlled to a level more stringent than the 
reference control technology. EWW1iACTUAL is calculated 
according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i 
if the reference control technology had been applied to the 
uncontrolled emissions. EWW1ic is calculated according to 
paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater 
stream i that is controlled.

[[Page 11552]]

EWW2iACTUAL is calculated according to paragraph (h)(5) 
of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream 
i at the baseline date. EWW2iBASE is calculated according 
to paragraph (h)(5) of this section.
(0.10)EBPV1iu = Emissions from each Group 1 batch process 
vent i if the applicable standard had been applied to the 
uncontrolled emissions. EBPV1iu is calculated according 
to paragraph (h)(6) of this section.
EBPV1iACTUAL = Emissions from each Group 1 batch process 
vent i that is controlled to a level more stringent than the 
applicable standard. EBPV1iACTUAL is calculated according 
to paragraph (h)(6) of this section.
(0.10)EABV1iu = Emissions from each Group 1 aggregate 
batch vent stream i if the applicable standard had been applied to 
the uncontrolled emissions. EABV1iu is calculated 
according to paragraph (h)(7) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate 
batch vent stream i that is controlled to a level more stringent 
than the applicable standard. EABV1iACTUAL is calculated 
according to paragraph (h)(7) of this section.
EBPV2iBASE = Emissions from each Group 2 batch process 
vent i at the baseline date. EBPV2iBASE is calculated 
according to paragraph (h)(6) of this section.
EBPV2iACTUAL = Emissions from each Group 2 batch process 
vent i that is controlled. EBPV2iACTUAL is calculated 
according to paragraph (h)(6) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch 
vent stream i at the baseline date. EABV2iBASE is 
calculated according to paragraph (h)(7) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate 
batch vent stream i that is controlled. EABV2iACTUAL is 
calculated according to paragraph (h)(7) of this section.
n = Number of Group 1 emission points included in the emissions 
average. The value of n is not necessarily the same for continuous 
process vents, batch process vents, aggregate batch vent streams, 
storage vessels, wastewater streams, or the collection of process 
sections within the affected source.
m = Number of Group 2 emission points included in the emissions 
average. The value of m is not necessarily the same for continuous 
process vents, batch process vents, aggregate batch vent streams, 
storage vessels, wastewater streams, or the collection of process 
sections within the affected source.
* * * * *
    (6) * * *
    (ii) Actual emissions from Group 1 batch process vents controlled 
to a level more stringent than the standard (EBPV1iACTUAL) 
shall be calculated using Equation 40 of this subpart, where percent 
reduction is for the batch cycle:
[GRAPHIC] [TIFF OMITTED] TR09MR99.010

* * * * *
    (7) * * *
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled to a level more stringent than the standard 
(EABV1iACTUAL) shall be calculated using Equation 43 of this 
subpart:
    [Equation 43 is unchanged.]
* * * * *
    (i) * * *
    (1) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology, and 
the different control technology will be used in more than three 
applications at a single plant-site, the owner or operator shall submit 
the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of 
this section, as specified in Sec. 63.1335(e)(7)(ii), to the Director 
of the EPA Office of Air Quality Planning and Standards in writing:
* * * * *
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA Method 
or any other method validated according to Method 301, 40 CFR part 63, 
appendix A, of this part. If it is infeasible to obtain test data, 
documentation may include a design evaluation and calculations. The 
engineering basis of the calculation procedures and all inputs and 
assumptions made in the calculations shall be documented.
* * * * *
    (2) The Administrator shall determine within 120 days whether an 
application presents sufficient information to determine nominal 
efficiency. The Administrator reserves the right to request specific 
data in addition to the items listed in paragraph (i)(1) of this 
section.
    (3) The Administrator shall determine within 120 days of the 
submittal of sufficient data whether a control technology shall have a 
nominal efficiency and the level of that nominal efficiency. If, in the 
Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
* * * * *
    (5) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology and 
the different control technology will be used in no more than three 
applications at a single plant site, the owner or operator shall submit 
the information listed in paragraphs (i)(1)(i) through (i)(1)(iv) of 
this section, as specified in Sec. 63.1335(e)(7)(ii), to the 
Administrator.
    (i) In these instances, use and conditions for use of the control 
technology may be approved by the permitting authority as part of an 
operating permit application or modification. The permitting authority 
shall follow the procedures specified in paragraphs (i)(2) through 
(i)(4) of this section except that, in these instances, a Federal 
Register notice is not required to establish the nominal efficiency for 
the different technology.
* * * * *
    (j) * * *
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, may be used in 
calculating the actual emissions from an emission point in the debit 
and credit equations in paragraphs (g) and (h) of this section.
* * * * *
    (ii) * * *
    (B) For wastewater, EB shall be calculated using 
Equation 47 of this subpart:

[[Page 11553]]

[GRAPHIC] [TIFF OMITTED] TR09MR99.011


Where:
n = Number of wastewater streams.
QBi = Annual average flow rate for wastewater stream i 
before the pollution prevention measure, defined and determined 
according to Sec. 63.144(c)(3), liters per minute, before 
implementation of the pollution prevention measure.
HBi = Number of hours per month that wastewater stream i 
was discharged before the pollution prevention measure, hours per 
month.
s = Total number of organic HAP in wastewater stream i.
Fem = Fraction emitted of organic HAP m in wastewater 
from Table 34 of subpart G of this part, dimensionless.
HAPBim = Annual average concentration of organic HAP m in 
wastewater stream i, defined and determined according to paragraph 
Sec. 63.150(g)(5)(i) of this section, before the pollution 
prevention measure, parts per million by weight, as measured before 
the implementation of the pollution measure.
* * * * *
    (iv) The same pollution prevention measure may reduce emissions 
from multiple emission points. In such cases, the percent reduction in 
emissions for each emission point shall be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(7) of this section used to calculate credits for emission points 
controlled more stringently than the reference control technology or 
standard, the nominal efficiency of a pollution prevention measure is 
equivalent to the percent reduction of the pollution prevention 
measure. When a pollution prevention measure is used, the owner or 
operator of an affected source is not required to apply to the 
Administrator for a nominal efficiency and is not subject to paragraph 
(i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the emissions average 
will not result in greater hazard or, at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were controlled according to the provisions in 
Secs. 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330.
* * * * *
    (4) A hazard or risk equivalency demonstration shall:
* * * * *
    (l) For periods of parameter monitoring excursions, an owner or 
operator may request that the provisions of paragraphs (l)(1) through 
(l)(4) of this section be followed instead of the procedures in 
paragraphs (f)(2)(i) and (f)(2)(ii) of this section.
* * * * *
    27. Amend Sec. 63.1335 by revising paragraph (e)(4)(ii)(L)(1), to 
read as follows:


Sec. 63.1335  General recordkeeping and reporting provisions.

* * * * *
    (e) * * *
    (4) * * *
    (ii) * * *
    (L) * * *
    (1) The required documentation shall include the data used to 
determine whether the wastewater stream is a Group 1 or Group 2 
wastewater stream.
* * * * *
    28. Revise Tables 3 and 5 to subpart JJJ of Part 63, to read as 
follows:
* * * * *

       Table 3 of Subpart JJJ.--Group 1 Storage Vessels at Existing Affected Sources Producing the Listed
                                                 Thermoplastics
----------------------------------------------------------------------------------------------------------------
                                                                                         Vessel
                                                                                        capacity       Vapor
                 Thermoplastic                               Chemical a                  (cubic      pressure b
                                                                                        meters)    (kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN c...................................  styrene/acrylonitrile mixture.......     
                                                                                             3.78          0.47
                                                acrylonitrile.......................     
                                                                                             75.7          1.62
Polystyrene, continuous processes.............  all chemicals.......................        <75.7   
                                                                                                           14.2
                                                                                      
                                                                                             75.7
                                                                                                    
                                                                                                            1.9
Nitrilec......................................  acrylonitrile.......................     
                                                                                            13.25          1.8
----------------------------------------------------------------------------------------------------------------
a Vessel capacity and vapor pressure criteria are specific to the listed chemical or to ``all chemicals,'' as
  indicated.
b Maximum true vapor pressure of total organic HAP at storage temperature.
c The applicability criteria in Table 2 of this subpart shall be used for chemicals not specifically listed in
  this table (i.e., Table 3).

* * * * *

  Table 5 of Subpart JJJ.--Group 1 Storage Vessels at New Affected Sources Producing the Listed Thermoplastics
----------------------------------------------------------------------------------------------------------------
                                                        Vessel capacity  (cubic           Vapor pressure b
         Thermoplastic               Chemical a                 meters)                     (kilopascals)
----------------------------------------------------------------------------------------------------------------
ASA/AMSAN c....................  Styrene/             3.78.............   0.47
                                  acrylonitrile
                                  mixture.
                                 Acrylonitrile.....   75.7.............   1.62
SAN, continuous d..............  All chemicals.....   2,271............   0.5 and < 0.7
                                                     < 151........................   10
                                                      151..............   0.7
Nitrile c......................  Acrylonitrile.....   13.25............   1.8
Polystyrene, continuous          All chemicals.....   19.6 and <45.4...   7.48
 processes.
                                                      45.4 and <109.8..   0.61
                                                      109.8............   0.53

[[Page 11554]]

 
ABS, continuous mass...........  Styrene...........   45.43............   0.078
                                 All other            38 and < 45.43...   13.1
                                  chemicals.
                                                      45.43............   0.53
----------------------------------------------------------------------------------------------------------------
a Vessel capacity and vapor pressure criteria are specific to the listed chemical, to ``all chemicals,'' or to
  ``all other chemicals,'' as indicated.
b Maximum true vapor pressure of total organic HAP at storage temperature.
c The applicability criteria in Table 4 of this subpart shall be used for chemicals not specifically listed in
  this table (i.e., Table 5).
d The control level for the first two sets of applicability criteria are specified in 63.1314 as 90% and 98%,
  respectively. The control level for the third set of applicability criteria is the HON control level of 95%.

* * * * *
[FR Doc. 99-3799 Filed 3-8-99; 8:45 am]
BILLING CODE 6560-50-P