[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Proposed Rules]
[Pages 11560-11705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3853]
[[Page 11559]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 63
National Emissions Standards for Hazardous Air Pollutant Emissions:
Polymer and Resin (Groups I and IV) and Polyether Polyols Production;
Proposed Rule
Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 /
Proposed Rules
[[Page 11560]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6301-4]
RIN 2060-AH-47 and 2060-AE81
National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins; National Emission Standards for
Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; and
National Emission Standards for Hazardous Air Pollutants for Polyether
Polyols Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; Amendments.
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SUMMARY: On September 5, 1996 (61 FR 46906) and September 12, 1996 (61
FR 48208), the EPA promulgated the ``National Emission Standards for
Hazardous Air Pollutants: Group I Polymers and Resins,'' (40 CFR part
63, subpart U) and the ``National Emission Standards for Hazardous Air
Pollutants: Group IV Polymers and Resins,'' (40 CFR part 63, subpart
JJJ), respectively. In December 1996, petitions for review of the
September 1996 Polymers and Resins I and IV rules were filed in the
U.S. Court of Appeals for the District of Columbia Circuit. The
petitioners raised over 280 technical issues and concerns with the
drafting clarity of these rules. This action proposes correcting
amendments to these rules to address the petitioners' issues and any
other inconsistencies that were discovered during the review process.
In addition, on January 17, 1997 (62 FR 2722), amendments to the
hazardous organic National Emission Standards for Hazardous Air
Pollutants (NESHAP) (hereafter referred to as the ``HON'') which is
heavily referenced by both the Polymers and Resins I and IV NESHAP,
were promulgated. These proposed amendments will update cross-
references and other terminology, as necessitated by the HON
amendments, and will incorporate parallel changes to those made in the
HON, in sections of the Polymers and Resins I and IV NESHAP which were
originally modeled after the HON. In addition, the proposed amendments
to subpart U in this action apply to the Polyether Polyols Production
NESHAP (subpart PPP) insofar as subpart PPP cross-references
requirements found in subpart U.
DATES: Comments. The EPA will accept comments regarding this proposal
on or before May 10, 1999.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by March 24, 1999, a public hearing will be held in
Research Triangle Park, North Carolina, beginning at 10 a.m. on April
8, 1999. Persons interested in attending the hearing should call Ms.
Marguerite Thweatt at (919) 541-5673 to verify that a hearing will be
held.
Request to Speak at Hearing. Persons wishing to present oral
testimony must contact EPA by March 24, 1999 by contacting Ms.
Marguerite Thweatt, Organic Chemicals Group (MD-13), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711,
telephone number (919) 541-5673.
ADDRESSES: Comments. 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 also 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 these proposed amendments, 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. 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. The docket is
located at the above address in Room M-1500, Waterside Mall (ground
floor). 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
The regulated category and entities affected by this action
include:
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Category Examples of regulated entities
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Industry..................... Butyl Rubber, Halobutyl Rubber,
Epichlorohydrin Elastomer, Ethylene
Propylene Rubber, Hypalon TM, 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,
and Nitrile Resin producers.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the
regulations affected by this action. To determine whether your facility
is regulated by this action, you should carefully examine all of the
applicability criteria in the promulgated versions of subpart U and JJJ
(61 FR 46906 and 61 FR 48208, respectively), as well as in the proposed
amendments to the applicability sections (Secs. 63.480 and 63.1310)
contained in this proposal. If you have any questions regarding the
applicability of these amendments to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Electronic Access and Filing Addresses
These proposed amendments, 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 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-
[[Page 11561]]
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.
The EPA solicits comment on the specific revisions to the Polymers
and Resins Group I and IV rule revisions that are described below and
proposed today. The EPA is not seeking comment on portions of the two
rules that the Agency is not currently proposing to change.
I. Background on Rules
On September 5, 1996 (61 FR 46906) and September 12, 1996 (61 FR
48208), the EPA issued the ``National Emission Standards for Hazardous
Air Pollutants: Group I Polymers and Resins,'' (40 CFR part 63, subpart
U) and the ``National Emission Standards for Hazardous Air Pollutants:
Group IV Polymers and Resins,'' (40 CFR part 63, subpart JJJ),
respectively. On August 26, 1996 (61 FR 43698), just prior to the
promulgation of subparts U and JJJ, the EPA proposed amendments to the
hazardous organic NESHAP (HON), which subparts U and JJJ both reference
and were modeled after, due to similarities in Hazardous Air Pollutant
(HAP) emissions and emission controls at affected sources covered by
all three rules.
As a result, on November 25, 1996 (61 FR 59849), the EPA published
an Advance Notice of Proposed Rulemaking (ANPR) informing the public of
the EPA's intent to propose amendments to both the Group I and Group IV
Polymers and Resins NESHAP as well. The amendments referred to in that
ANPR include the amendments proposed by today's action, which were
necessitated by the amendments to the HON, due to cross-reference
changes. Because subparts U and JJJ were both modeled after the HON,
the EPA determined that many of the amendments that had been made to
the HON would also be appropriate for subparts U and JJJ. The EPA has
already published several amendments to clarify various aspects of the
Group I and Group IV Polymers and Resins NESHAP, in part due to the HON
amendments, which were promulgated on January 17, 1997 (62 FR 2722).
Readers should see the following Federal Register notices for more
information: January 14, 1997 (62 FR 1835), which extended the
equipment leaks compliance date for both rules; June 6, 1997 (62 FR
30993), which extended the compliance date for equipment leaks at
poly(ethylene terephthalate) resin (PET) affected sources; July 15,
1997 (62 FR 37720), which made minor corrections and clarifications to
the rules; February 27, 1998 (63 FR 9944), which corrected the
effective date of subpart JJJ (Group IV Polymers and Resins) by
changing it to February 27, 1998; in keeping with sections 801 and 808
of the Congressional Review Act, changed the compliance dates for new
affected sources to February 27, 1998, and changed the compliance date
once again for the equipment leak requirements in subpart JJJ, to
February 27, 1998; and March 31, 1998 (63 FR 15312), which provided a
temporary compliance extension until February 27, 2001 for existing
affected sources producing poly(ethylene terephthalate) (PET) using the
continuous terephthalic acid (TPA) high viscosity multiple end finisher
process.
One of the main purposes of today's action is to incorporate the
concepts and new references related to the promulgated HON amendments
and to propose changes related to settlement negotiations with
industry. It is important to note that the provisions of subparts U and
JJJ that cross-reference the HON (or any other regulation) refer to the
most recent, promulgated versions of those rules. In a recent
rulemaking, on January 17, 1997 (62 FR 2722), the EPA promulgated
amendments to the HON, including amendments to portions of the HON that
subparts U and JJJ reference.
Those HON amendments that are incorporated by reference into
subparts U and JJJ are considered to apply to subpart U and JJJ
affected sources. In addition, should the EPA propose future amendments
to the HON or other regulations cross-referenced in subparts U and JJJ
(e.g., the NESHAP for Source Categories: General Provisions, 40 CFR
part 63, subpart A), the most recent, promulgated versions of those
rules will be considered to apply subpart U and JJJ affected sources
whenever subpart U and JJJ directly cross-reference those regulations.
Public comments should be submitted at the time of the proposal of any
such amendments, if owners or operators have concerns about how those
amendments may affect the application of subparts U and JJJ to their
sources.
On November 4, 1996 the Dow Chemical Company (``Dow'') filed
petitions for review of the promulgated Polymers and Resins I and IV
NESHAP in the U.S. Court of Appeals for the District of Columbia
Circuit, The Dow Chemical Company v. EPA, 96-1417 and 96-1421 (D.C.
Cir.). Dow raised over 280 technical issues on the rules' structure and
applicability, including questions about the applicability of the HON
amendments to subparts U and JJJ. Issues were raised regarding details
of the technical requirements, drafting clarity, and structural errors
in the drafting of certain sections of the rules. In addition, on
December 6, 1996, the Union Carbide Corporation filed a petition for
review of the promulgated Polymers and Resins I NESHAP in the U.S.
Court of Appeals for the District of Columbia Circuit, Union Carbide
Corporation v. EPA, 96-1413 and Consolidated Cases (D.C. Cir.). Today's
proposed amendments address the issues raised by Dow on the promulgated
Polymers and Resins I and IV NESHAP, and the issues raised by Union
Carbide on the promulgated Polymers and Resins I NESHAP, and include
corrections and clarifications to ensure that these rules are
implemented as intended. Today's proposed amendments also provide some
new provisions that would reduce the burden associated with the
recordkeeping and reporting requirements of these rules. For example,
as proposed Secs. 63.506(a)(1) and (a)(2) and 63.1335(a)(1) and (a)(2)
allow records older than 6 months to be stored off-site, and no longer
require owners and operators to keep copies of reports that have
already been submitted to the EPA Regional Office. This last change is
being proposed so that owners and operators that have misplaced copies
of reports that have also been submitted to the EPA are not considered
to be in violation of the rules.
II. Regulatory Amendments
This section of this preamble will first present a general overview
of the types of changes that the EPA is proposing to make to subparts
JJJ and U. Following that overview, a section-by-section approach has
been taken, describing the EPA's proposed changes, down to the
subparagraph level, where deemed appropriate. Parallel sections in
subparts U and JJJ (e.g., Secs. 63.480 and 63.1310) are first addressed
together, and then proposed changes that are unique to one rule or the
other are described, for each section of the rules, as necessary.
[[Page 11562]]
A. Overview of Proposed Changes
1. HON Changes Directly Incorporated
As mentioned previously, on January 17, 1997 (62 FR 2722), the EPA
promulgated revisions to the HON rule. Those revisions to the HON made
significant changes to the requirements for process wastewater, heat
exchange systems, certain liquid streams in open systems within a
chemical manufacturing process unit, and maintenance wastewater, and
made minor edits to other sections of the rule. For those HON
provisions directly referenced in subparts U and JJJ (see Table 1), the
promulgated HON amendments also apply to affected Polymers and Resins I
and IV sources. The EPA has evaluated the HON amendments and has
determined, with the proposed exceptions noted in this action, that the
HON amendments are appropriate for Polymers and Resins I and IV
sources. The EPA therefore proposes that the HON amendments be
incorporated into the Polymers and Resins I and IV rules, with the
exceptions proposed in this notice. For more detailed rationale
regarding the HON amendments, see the preamble in the Federal Register
notice that proposed the HON amendments (61 FR 43698, August 26, 1996).
Table 1.--HON Sections Directly Referenced in Subparts U and JJJ
----------------------------------------------------------------------------------------------------------------
Description of Subpart U section that Subpart JJJ section
HON section referenced referenced provisions references HON that references HON
----------------------------------------------------------------------------------------------------------------
Secs. 63.101, 63.111, & 63.161...... Definitions............ Sec. 63.482(a)........ Sec. 63.1312(a)
Sec. 63.104......................... Heat Exchange Systems.. Sec. 63.502(k)........ Sec. 63.1328
Sec. 63.105......................... Maintenance Wastewater. Sec. 63.501........... Sec. 63.1330
Secs. 63.113-118.................... Process Vents.......... Sec. 63.485........... Sec. 63.1315
Secs. 63.119-123.................... Storage Vessels........ Sec. 63.484........... Sec. 63.1314
Secs. 63.131-149.................... Wastewater............. Sec. 63.501........... Sec. 63.1330
Sec. 63.150(g)(3), (g)(5), (h)(3), & Emissions Averaging Sec. 63.503(g)(3), Sec. 63.1332(g)(4),
(h)(5). provisions for storage (g)(5), (h)(3), & (g)(5), (h)(4), &
vessels & wastewater. (h)(5). (h)(5)
Secs. 63.160-182.................... Equipment Leaks........ Sec. 63.502(a)-(j).... Sec. 63.1331
----------------------------------------------------------------------------------------------------------------
2. Changes to P&R Sections That Were Modeled After the HON
For the same reason that, after thorough evaluation, the EPA had
originally chosen to model subparts U and JJJ after the HON (i.e., due
to the similarities in HAP emissions and emission controls amongst HON
affected sources and affected elastomers and thermoplastics sources;
see the proposal preambles for subparts U and JJJ, 60 FR 30801, 6/12/
95, and 60 FR 16090, 3/29/95, respectively), the EPA is proposing
amendments to subparts U and JJJ which will make parallel changes to
these rules based on the HON amendments.
3. Litigation-Based Changes
As was mentioned in the ``Background'' section of this preamble, on
November 4, 1996 the Dow Chemical Company filed petitions for review of
the promulgated Polymers and Resins I and IV NESHAP in the U.S. Court
of Appeals for the District of Columbia Circuit, The Dow Chemical
Company v EPA, 96-1417 and 96-1421 (D.C. Cir.); and on December 6,
1996, the Union Carbide Corporation filed a petition for review of the
promulgated Polymers and Resins I NESHAP in the U.S. Court of Appeals
for the District of Columbia Circuit, Union Carbide Corporation v EPA,
96-1413 and Consolidated Cases (D.C. Cir.). Many of today's proposed
amendments address the technical issues and areas in need of
clarification that were identified during the litigation settlement
process.
4. Clarifyin and Cross-Referencing Changes
Many clarifying and cross-referencing changes were needed in
subparts U and JJJ, partly as a result of the previously discussed
amendments to the HON (because those amendments included both
terminology changes and changes in the location of specific
provisions).
In particular, the wastewater provisions in both subparts U and JJJ
required a substantial number of changes, in order to smoothly
incorporate the numerous changes to the wastewater provisions in the
HON. Similar changes were necessary in the other sections of the rule
that directly reference HON provisions (e.g., Secs. 63.485 and
63.1315).
In addition, a ``snowball'' effect inevitably occurred as other
provisions in subparts U and JJJ were amended, requiring additional
cross-reference changes and updates throughout both rules. For the most
part, these cross-reference changes need little or no explanation. A
few of the cross-reference changes are corrections of errors that
occurred at promulgation.
Additional changes are being proposed for the sake of clarity and
specificity throughout both rules. For example, in several places, the
promulgated language implied that inanimate objects (e.g., equipment)
would have to follow the rule provisions. In these proposed amendments,
the EPA has made an effort to correct this problem throughout both
rules, by always stating that it is the ``owner or operator'' (and not
the equipment) that must follow the rule provisions.
In the promulgated version of subpart U, in particular, there were
also several places in which an appendix to a 40 CFR part 60 or 63
subpart was referenced, without the complete citation being given. The
EPA proposes to correct all such instances in these amendments, as
well. Grammatical corrections (such as changing ``can'' to ``may,''
where appropriate) are also being proposed in these amendments. Other
minor, global changes include:
Changing the term ``control device'' to ``halogen
reduction device,'' where necessary.
Changing ``must'' to ``shall,'' for the sake of
consistency throughout both rules.
The following sections describe the proposed changes to each
section of subparts U and JJJ for which amendments are being
considered. Changes that are being made to both subparts U and JJJ are
described in unison.
B. Applicability-- Proposed Changes to Secs. 63.480 and 63.1310
1. Changes Common to Polymers and Resins I and IV
Sections 63.480(a)(1) through (4) and 63.1310(a)(1) through (4).
The EPA is proposing to restructure these paragraphs in order to
provide a better description of what constitutes an ``affected
source,'' an ``existing affected source,'' and a ``new affected
source.'' The EPA is proposing to add a sentence to the end of
Secs. 63.480(a)(3) and
[[Page 11563]]
63.1310(a)(3), clarifying that Secs. 63.480(a)(3)(i) and
63.1310(a)(3)(i) exclusively describe ``brand new'' production sites
(i.e., ``greenfield'' sites). If a source meets the criteria for a new
source under Secs. 63.480(a)(3)(ii) or (iii), or 63.1310(a)(3)(ii) or
(iii), or Secs. 63.480(i) or 63.1310(i) (which deal with changes or
additions at existing plant (i.e., industrial) sites), then
Secs. 63.480(a)(3)(i) and 63.1310(a)(3)(i) do not apply to that source.
The proposed new paragraphs at Secs. 63.480(a)(4) and 63.1310(a)(4)
replace the promulgated paragraph (a)(2), and list emission points and
equipment besides elastomer product process units (EPPU) and
thermoplastic product process units (TPPU) (e.g., compliance equipment
and waste management units) that make up the affected source, in an
attempt to clarify that these emission points are part of the affected
source in addition to the EPPU/TPPUs (which are clearly part of the
affected source.) A reference to the proposed equipment list in
Secs. 63.480(a)(4) or 63.1310(a)(4) has also been added to proposed
paragraphs Secs. 63.480(a)(2) and (3), and 63.1310(a)(2) and (3), and
in other places throughout subparts U and JJJ, where such a reference
was determined to be helpful. The EPA is also requesting comments on
the idea of incorporating similar changes into Secs. 63.1420(a) of
subpart PPP, the Polyether Polyols Production NESHAP.
Sections 63.480(a)(3)(i) and 63.1310(a)(3)(i). The proposed
language in Secs. 63.480(a)(3)(i) and 63.1310(a)(3)(i) clarify that the
phrase ``on which construction commenced after June 12, 1995 (or March
29, 1995, for subpart JJJ)'' applies to the entire major source, as
opposed to applying to ``each group of one or more EPPU (TPPU)''. The
fact that the equipment associated with each EPPU/TPPU is also
considered to be part of the affected source is also clarified in these
paragraphs.
In addition, the parenthetical ``i.e., a greenfield site'' is meant
to clarify that these paragraphs apply to sites at which no industrial
activity (demonstrated by an absence of any HAP emission points)
occurred prior to the proposal dates of the respective rules. The term
``emission point'' is defined in Secs. 63.482(b) and 63.1312(b).
Sections 63.480(a)(5) and 63.1310(a)(5). The EPA is proposing to
add paragraphs (Secs. 63.480(a)(5) and 63.1310(a)(5)) explicitly
stating that area sources and equipment at area sources are not
considered to be affected sources under subpart U or JJJ. Although this
was implied in the promulgated rule (by only listing EPPUs/TPPUs at
``major source'' plant sites as making up an affected source), the EPA
believes that an explicit statement of this nature helps clarify the
applicability of this rule.
Sections 63.480(b) and 63.1310(b). One of the many revisions to
subparts U and JJJ that are being proposed with today's action that
will reduce the recordkeeping burden on owners and operators is
contained in these paragraphs. The EPA is proposing to include an
additional alternative for EPPUs and TPPUs that do not use or
manufacture any organic HAP, which would provide those owners and
operators with the choice of either keeping records documenting the
fact that their source does not use or manufacture any organic HAP, or
of providing such information to the Administrator, at the
Administrator's request. The EPA is proposing to provide this
alternative, which is similar to that included in the HON amendments to
Sec. 63.103(e), because it was never the EPA's intent to impose an
ongoing recordkeeping requirement on sources that neither use nor
manufacture any organic HAP.
Sections 63.480(c) and 63.1310(c). The EPA is proposing to amend
these paragraphs to clarify which equipment is included within the
scope of these rules. The promulgated language in Secs. 63.480(c) and
63.1310(c) caused confusion and raised concerns over whether other
equipment or activities not listed were included in the affected
source.
The proposed revisions reflect the promulgated amendments to
Sec. 63.100(f) (after which they were originally modeled) and are
intended to improve rule clarity by reversing the drafting structure to
state that the listed items are included in the affected source, but
are not subject to the control requirements of the rule. Based on
discussions with industry, the EPA determined that reversing the
structure would make these paragraphs more understandable to the
regulated community and would reduce the chance of incorrect
interpretation. This proposed change is intended to ensure that certain
equipment that is part of a subpart U or JJJ affected source does not
become covered by future Section 112(j) rules.
Other proposed changes to Secs. 63.480(c) and 63.1310(c) include a
sentence clarifying that these excluded emission points are not subject
to subpart A of part 63 (the General Provisions). The proposed changes
to Secs. 63.480(c) and 63.1310(c) also add the following equipment to
the list of excluded emission points: equipment that does not contain
organic HAP, water from testing of deluge systems, and water from
testing of firefighting systems.
Sections 63.480(f) and 63.1310(f): Primary product and
applicability determination, and compliance options, for flexible
operation units. The EPA is proposing extensive changes to the primary
product determination and applicability criteria (i.e., for determining
whether a process unit is an EPPU, a TPPU, or neither) and to the
compliance options for flexible operation units in Secs. 63.480(f) and
63.1310(f). These changes are summarized by Figures 1 through 4 in this
document. However, Figures 1 through 4 are only intended to be
illustrative, as they are not comprehensive, and they do not carry any
regulatory authority. The proposed changes in Secs. 63.480 and 63.1310
are intended to address concerns raised in litigation after the
promulgation of subparts U and JJJ, with regard to flexible operation
units, in particular. Various scenarios were presented to the EPA that
would cause problems under the promulgated rule, such as ``contract
manufacturing'' situations in which an owner or operator could not
predict what might be produced at a source in the future. The EPA is
also requesting comments on the idea of incorporating similar changes
into Sec. 63.1420(e) of subpart PPP, the Polyether Polyols Production
NESHAP. The changes to Sec. 63.1420(e) would primarily parallel those
described below with regard to primary product determination and the
flexible operation unit provisions.
Sections 63.480(f) and 63.1310(f). The EPA is proposing to revise
these paragraphs so that they provide a more precise introduction to
the paragraphs that follow, and in order to reflect the addition of new
paragraphs as described below.
Sections 63.480(f)(1) and 63.1310(f)(1). The EPA is proposing to
combine promulgated paragraphs Secs. 63.480(f)(1), (f)(2), and (f)(3)
and 63.1310(f)(1), (f)(2), and (f)(3) to create a single paragraph in
each subpart that addresses the initial determination of the primary
product. Promulgated paragraphs Secs. 63.480(f)(1) and 63.1310(f)(1)
appear as proposed paragraphs Secs. 63.480(f)(1)(i) and
63.1310(f)(1)(i); promulgated paragraphs Secs. 63.480(f)(2) and
Sec. 63.1310(f)(2) appear as proposed paragraphs
Secs. 63.480(f)(1)(iii) and 63.1310(f)(1)(iii); and promulgated
paragraphs Secs. 63.480(f)(3) and 63.1310(f)(3) appear as proposed
paragraphs Secs. 63.480(f)(1)(iv) and 63.1310(f)(1)(iv). The EPA is
also proposing to add introductory text to Secs. 63.480(f)(1) and
[[Page 11564]]
63.1310(f)(1), clarifying how the primary product of a process unit is
determined, and clarifying that process units that neither use nor
manufacture any organic HAP are only subject to Secs. 63.480(b) or
63.1310(b) (see discussion above). The proposed requirements under
Secs. 63.480(f)(1) and 63.1310(f)(1) are illustrated in Figure 1 and
Figure 2, which are flowcharts describing the proposed primary product/
applicability determination procedures for existing sources and new
sources, respectively.
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Sections 63.480(f)(1)(ii) and 63.1310(f)(1)(ii). A new set of
requirements is being proposed under these paragraphs, which would deal
with process units that are designed to produce two or more products at
the same time. This situation was not addressed at promulgation of
these rules. Under the proposed requirement, the primary product is the
product for which the process unit has the greatest annual design
capacity on a mass basis. If the process unit has the same annual
design capacity on a mass basis for two or more products, and at least
one of those products is an elastomer/thermoplastic product, then the
primary product for that process unit is an elastomer/thermoplastic
product.
Sections 63.480(f)(1)(iii) and 63.1310(f)(1)(iii). These proposed
paragraphs address primary product determination for flexible operation
units, which was previously addressed in promulgated paragraphs
Secs. 63.480(f)(2) and 63.1310(f)(2). The EPA is proposing to add
criteria for determining the primary product for an existing process
unit and for a new process unit (definitions for the terms ``existing
process unit'' and ``new process unit'' are also being proposed to be
added to Secs. 63.482(b) and 63.1312(b)). At promulgation, whether the
source was new or existing, the owner or operator had to determine
primary product on 5 years of ``expected production.'' However, in
recognition of the fact that it might be difficult for some owners or
operators to predict that far into the future, the proposed amendments
only require owners and operators to look one year into the future for
new process units. The EPA is also proposing to add a new provision at
Secs. 63.480(f)(2) and 63.1310(f)(2) for owners or operators of either
new or existing flexible operation units for which production cannot be
predicted over the required time period (see further discussion below
on Secs. 63.480(f)(2) and 63.1310(f)(2)).
Sections 63.480(f)(1)(iv) and 63.1310(f)(1)(iv). These proposed
paragraphs discuss the consequences of determining that a process
unit's primary product is an elastomer/thermoplastic product (as
previously addressed in promulgated paragraphs Secs. 63.480(f)(3) and
63.1310(f)(3)). In these paragraphs and in several other places
throughout the proposed amendments to subparts U and JJJ, the EPA has
qualified the term EPPU/TPPU with ``and associated equipment,'' which
is listed in Secs. 63.480(a)(4) (or 63.1310(a)(4)). This clarification
is being proposed because there was some confusion over the difference
between an affected source and an EPPU/TPPU after promulgation. In
addition, the EPA is proposing changes to this paragraph that remove
references to ``the future,'' because other provisions have been added
at Secs. 63.480(f)(3), (4), (9), and (10), and at 63.1310(f)(3), (4),
(9), and (10) that explain more explicitly how the designation of a
process unit as an EPPU/TPPU can be removed or re-instated.
Sections 63.480(f)(2) and 63.1310(f)(2). As mentioned earlier, the
EPA is proposing the addition of provisions for owners or operators
that are not able to predict future production to the extent that is
necessary to determine the primary product of a flexible operation unit
under Secs. 63.480(f)(1)(iii) and 63.1310(f)(1)(iii). Under these
proposed provisions, if the owner or operator cannot predict what
product will be the primary product of the flexible operation unit for
the designated time period, but can predict that the primary product
will not be an elastomer/thermoplastic product, the flexible operation
unit is designated as not being an EPPU/TPPU.
A more complex solution was necessary for owners and operators of
flexible operation units who can neither predict the primary product
for the designated time period, nor predict that the primary product
will not be an elastomer/thermoplastic product. The proposed provisions
under Secs. 63.480(f)(2)(ii) and 63.1310(f)(2)(ii) address this
situation. According to the proposed provisions in
Secs. 63.480(f)(2)(ii) and 63.1310(f)(2)(ii), in the situation
described above, a flexible operation unit that is an existing process
unit will be designated an EPPU/TPPU if an elastomer/thermoplastic
product has been produced for five percent (or greater) of the time
since March 9, 1999. If the flexible operation unit is a new process
unit, the flexible operation unit will be designated as an EPPU/TPPU if
the owner or operator anticipates that an elastomer/thermoplastic
product will be produced in that flexible operation unit at any time
during the first year of operation of the new process unit.
This concept, of making the primary product determination based on
whether or not an elastomer or thermoplastic has been produced at least
5 percent of the time since March 9, 1999 for an existing process unit
for which the owner or operator cannot otherwise determine the primary
product, or on whether or not the owner or operator anticipates
producing any elastomer or thermoplastic products during the first year
of production at a new process unit for which the owner or operator
cannot otherwise determine the primary product, is a new one. The EPA
is particularly interested in receiving public comments on this
concept, as a way of handling flexible operation units for which the
primary product determination is difficult to make.
Sections 63.480(f)(3) and 63.1310(f)(3). These proposed paragraphs,
and proposed paragraphs Secs. 63.480(f)(4) and 63.1310(f)(4), reflect
the concepts originally promulgated as paragraphs Secs. 63.480
(f)(4)(i) through (f)(4)(iii) and 63.1310 (f)(4)(i) and (f)(4)(iii).
The original concepts have been modified to improve clarity and to
complement other additions proposed for Secs. 63.480(f) and 63.1310(f).
In order to allow the flexibility that these proposed amendments are
offering, as far as whether or not the owner or operator designates
their flexible operation unit to be an EPPU/TPPU, the EPA is proposing
to add paragraphs that will specify procedures for an annual
applicability determination (beginning in September of the year 2001)
for non-EPPU's/non-TPPU's that have produced an elastomer/thermoplastic
product at any time in the preceding 5-year period or since the date
that the unit began production of any product, whichever is shorter.
Figure 3 depicts the proposed annual evaluation (after September 2001)
for owners or operators of non-EPPUs or non-TPPUs that have recently
made an elastomer or thermoplastic product, or are planning to make
elastomer or thermoplastic products in the near future. The proposed
method for performing this annual applicability determination requires
the owner or operator to calculate the percentage of total operating
time over which each product that was produced at the flexible
operation unit was produced during the applicable time period. If an
elastomer/thermoplastic product was the product with the highest
percentage of total operating time over that period, then the flexible
operation unit is designated as an EPPU/TPPU.
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Sections 63.480(f)(4) and 63.1310(f)(4). These proposed paragraphs,
and proposed paragraphs Secs. 63.480(f)(3) and 63.1310(f)(3), reflect
the concepts originally promulgated as paragraphs Secs. 63.480(f)(4)(i)
through (f)(4)(iii) and 63.1310(f)(4)(i) and (f)(4)(iii). The original
concepts have been modified to improve clarity and to complement other
additions proposed for Secs. 63.480(f) and 63.1310(f). These proposed
paragraphs will pertain to owners or operators who are anticipating
that their non-EPPU/TPPU process unit will begin manufacturing an
elastomer/thermoplastic product in the near future, if the process unit
has not produced any elastomer/thermoplastic products in the previous
five-year period. These paragraphs will also pertain to process units
for which the owner or operator has removed the EPPU/TPPU designation
in accordance with proposed Secs. 63.480(f)(9) or 63.1310(f)(9), but
for which the owner or operator now anticipates future production of an
elastomer/thermoplastic product. This proposed provision requires the
owner or operator, in the situations described above, to redetermine
the primary product for the process unit using the approach outlined in
Secs. 63.480(f)(1) and (f)(2) and 63.1310(f)(1) and (f)(2), except
that, for flexible operation units, the owner or operator must base the
prediction on the anticipated production for the five years (one year,
for new process units) following the date that production of an
elastomer/thermoplastic product will be initiated (instead of basing it
on the period following September 5th (September 12th for subpart JJJ)
of 1996, or on the period following the initiation of the production of
any product).
Sections 63.480(f)(5) and 63.1310(f)(5). This proposed paragraph
specifies that owners and operators of flexible operation units that
are EPPU/TPPU's shall comply with subpart U or JJJ (as appropriate) for
their primary product. Proposed Secs. 63.480(f)(5)(i) and (f)(5)(ii)
and 63.1310(f)(5)(i) and (f)(5)(ii) offer two exceptions to this
requirement: (1) if no organic HAP are used in the manufacture of a
particular product, only the provisions in Secs. 63.480(b) and
63.1310(b) must be followed during the production of that product; and
(2) if a product becomes subject to the National Emissions Standards
for Pharmaceuticals (subpart GGG of part 63), the owner or operator
need not comply with the provisions of this subpart during the
manufacture of that product.
Sections 63.480(f)(6) and 63.1310(f)(6). These proposed paragraphs
reflect the concepts originally promulgated as paragraphs
Secs. 63.480(f)(5)(i) and (f)(5)(ii) and 63.1310(f)(5)(i) and
(f)(5)(ii). For flexible operation units, the group status of each
emission point (except batch process vents) may be calculated in one of
two ways, according to the proposed amendments in Secs. 63.480(f)(6)
and 63.1310(f)(6). The owner or operator has the option of (1)
determining the group status for each emission point based on emission
point characteristics when the primary product is being produced, or
(2) determining the group status for each emission point based on
emission point characteristics when each product produced by the
flexible operation unit is being produced.
Sections 63.480(f)(7) and 63.1310(f)(7). The proposed provisions
added as Secs. 63.480(f)(7) and 63.1310(f)(7) state the requirements
for setting parameter monitoring levels for flexible operation units.
The proposed amendments allow owners and operators to either establish
separate parameter monitoring levels for each product, or to establish
a single parameter monitoring level (for each parameter required to be
monitored at each device subject to monitoring requirements) for all
products, depending on which option was chosen under Secs. 63.480(f)(6)
or 63.1310(f)(6), for conducting the group determination.
Sections 63.480(f)(8) and 63.1310(f)(8). The proposed provisions in
Secs. 63.480(f)(8) and 63.1310(f)(8) are largely similar to the
promulgated provisions in Secs. 63.480(f)(6) and 63.1310(f)(6), except
that one promulgated requirement (Secs. 63.480(f)(6)(ii)(B) and
63.1310(f)(6)(ii)(B)) was deleted. The deleted requirement was the
requirement that the operating time and/or production mass for each
product that was used to determine the primary product be reported in
the Notification of Compliance Status. The EPA decided that this
information was not needed in the Notification of Compliance Status;
however, records of this data should be kept in accordance with
Secs. 63.506(a) and 63.1335(a). In addition, proposed paragraphs
Secs. 63.480(f)(8)(ii)(C) and (f)(8)(ii)(D) and 63.1310(f)(8)(ii)(C)
and (f)(8)(ii)(D) were added, requiring the submittal of information
regarding the parameter monitoring levels established according to
Secs. 63.480(f)(7) and 63.1310(f)(7) in the Notification of Compliance
Status, because the EPA determined that this information would be
needed in the Notification of Compliance Status.
Sections 63.480(f)(9) and 63.1310(f)(9). In the promulgated rule,
procedures were provided for removing the EPPU/TPPU designation from a
process unit in which the owner or operator has ceased making all
elastomer/thermoplastic products, and in which the owner or operator
does not anticipate the production of an elastomer/thermoplastic
product in the future (in promulgated Secs. 63.480(f)(3)(i) and
63.1310(f)(3)(i)). These provisions have been rewritten for clarity and
moved to Secs. 63.480(f)(9) and 63.1310(f)(9) in the proposed
amendments.
Sections 63.480(f)(10) and 63.1310(f)(10). Because 40 CFR part 63
standards are developed using industry-specific considerations, the
regulations often contain requirements tailored specifically to the
particular processes used in the regulated industry. The primary
product applicability approach is one used in many MACT standards to
ensure that the process unit is only subject to one MACT standard, and
that the standard to which it is subject is the one for the product
that is produced in the process unit most of the time. If the
production pattern changes and the process unit begins producing
another product for the majority of the time, and the new primary
product is subject to another MACT standard, the EPA believes it is
appropriate that the unit be subject to the other MACT standard, rather
than being subject to subpart U or JJJ.
Therefore, the EPA is proposing to add Secs. 63.480(f)(10) and
63.1310(f)(10), which require the owner or operator to conduct a
redetermination of applicability of these rules to a flexible operation
unit ``whenever changes in production occur that could reasonably be
expected to change the primary product'' from an elastomer or
thermoplastic product to a product that would make the process unit
subject to another subpart of part 63. Figure 4 illustrates the
redetermination process for EPPUs or TPPUs that have made ``changes in
production * * * that could reasonably be expected to change the
primary product.''
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This redetermination of applicability is based on the ``primary
product'' of the flexible operation unit being the ``product with the
highest percentage of total operating time'' over the preceding five
years, or since the process unit began producing any product, whichever
is shorter. Given the length of time over which the primary product is
determined for flexible operation units, the EPA believes that owners
and operators will have ample time and opportunity to come into
compliance with other NESHAP, should they become subject to other
NESHAP as a result of the redetermination of primary product.
In addition, under the proposed provisions in
Secs. 63.480(f)(10)(iii) and 63.1310(f)(10)(iii), if a process unit (in
which a elastomer/thermoplastic product is no longer the primary
product, after a change in production) is subject to another subpart of
part 63, that process unit remains designated as an EPPU or TPPU until
the date upon which the process unit is required to be in compliance
with the provisions of the other subpart to which it is subject.
Sections 63.480(g) and (h) and 63.1310(g) and (h): Storage Vessel
Ownership and Recovery Operations Equipment Ownership. The EPA is
proposing clarifying changes to make the wording and structure of these
paragraphs parallel, because the EPA believes that this will make the
provisions of each clearer and easier to follow. Specifically, the
proposed revisions would make the wording of Secs. 63.480(g)(6) and
(g)(8) and 63.1310(g)(6) and (g)(8); and Secs. 63.480(h)(6) and (h)(7)
and 63.1310(h)(6) and (h)(7) parallel, respectively. This change is
similar to the HON amendments to Sec. 63.100(g), (h), and (i).
In addition, one of the conditions under which an owner or operator
would have to re-determine the assignment of a particular storage
vessel has been removed. The rule no longer requires that an assignment
redetermination be performed whenever ``there is a change in the use of
the storage vessel that could reasonably be expected to change the
predominant use of that storage vessel.'' It is the EPA's position that
it is not necessary to require a storage vessel assignment
redetermination unless the storage vessel has begun receiving material
from (or sending material to) a process unit that was not included in
the initial determination, or has ceased to receive material from (or
send material to) a process unit that was included in the initial
determination. Unless one of the above-listed circumstances has
occurred, it is highly unlikely that the assignment of a storage vessel
to a particular process unit will have become inappropriate.
Sections 63.480(i) and 63.1310(i). The EPA is proposing a number of
changes in Secs. 63.480(i) and 63.1310(i). The most significant changes
clarify the requirements that apply to additions of entire process
units and individual emission points, and clarify the compliance dates
for newly subject process units or equipment. In addition, other
changes are being proposed to clarify what the EPA considers to be
``process changes,'' and to clarify the recordkeeping and reporting
requirements associated with a process change.
Sections 63.480(i)(1)(i) and (ii) and 63.1310(i)(1)(i) and (ii).
These revisions are being proposed because the promulgated drafting and
structure in Secs. 63.480(i) and 63.1310(i) caused confusion as to the
equipment that would be subject to the new source requirements if the
conditions in either Secs. 63.480(i)(1)(i) or (ii) or 63.1310(i)(1)(i)
or (ii) were met. Before discussing the specific changes, an
explanation is needed regarding a fundamental basis of these
provisions. It is not possible for a single affected source to be both
subject to new source requirements (for any portion of the affected
source) and to existing source requirements (for any other portion of
the affected source). An affected source must be either a new affected
source, with all of it's equipment subject to the new source
requirements, or it must be an existing affected source, with all of
it's equipment subject to the existing source requirements. The
proposed changes to Secs. 63.480(i)(1)(i) and (ii) and 63.1310(i)(1)(i)
and (ii) are intended to clarify this situation.
First, the EPA is proposing to amend these paragraphs to clarify
that a group of one or more newly added EPPU/TPPUs (making the same
primary product), including their associated equipment, constitute a
single ``addition'' to a plant site. In Secs. 63.480(i)(1)(i) and
63.1310(i)(1)(i), the proposed languages makes it clear that the group
of EPPU/TPPUs (and associated equipment) are a new affected source,
provided that the applicable criteria are met. The applicable criteria
consist of two separate ``sets'' of conditions, and one condition from
each set must be met in order for the group of EPPU/TPPUs and their
associated equipment to be considered a new source. The first set,
contained in paragraphs Secs. 63.480(i)(1)(i)(A) and (B) and
63.1310(i)(1)(i)(A) and (B), are related to the date of construction or
reconstruction. If the construction of the group of EPPU/TPPUs
commenced after June 12, 1995, then the condition in paragraph (A)
would be met. If a group of one or more process units was originally
constructed or reconstructed after June 12, 1995 (under subpart U) or
after March 29, 1995 (under subpart JJJ), and then later began the
production of an elastomer/thermoplastic product and became an EPPU/
TPPU, then the condition in paragraph (B) would be met. This is a
clarification from the promulgated requirements, which only addressed
the date of the construction of the ``addition.'' The only proposed
changes to the second set of criteria, which are contained in
paragraphs Secs. 63.480(i)(1)(i)(C) and (D) and 63.1310(i)(1)(i)(C) and
(D), are related to the clarification what constitutes an ``addition,''
as discussed above.
The proposed amendments to Secs. 63.480(i)(1)(ii) and
63.1310(i)(1)(ii) include the same changes described above for
Secs. 63.480(i)(1)(i) and 63.1310(i)(1)(i) related to the clarification
of the ``addition.'' In addition, a new provision is being added to
paragraphs Secs. 63.480(i)(1)(ii) and 63.1310(i)(1)(ii) to specify the
compliance date for a group of process units that have become EPPU/
TPPUs due to a change in production that has made an elastomer/
thermoplastic product the primary product of the process unit. In the
proposed paragraphs Secs. 63.480(f)(3) and 63.1310(f)(3), owners or
operators of flexible operation units that are not EPPUs or TPPUs, but
that continue to produce an elastomer/thermoplastic product are
required to annually conduct a primary product determination based on
historical production levels. If production has shifted such that an
elastomer/thermoplastic product has become the primary product of a
flexible operation unit, then the unit is designated an EPPU/TPPU and
proposed Secs. 63.480(f)(3)(iii) and 63.1310(f)(3)(iii) require that
the owner or operator notify the EPA of this re-designation within 45
days of making the determination. The new provisions in
Secs. 63.480(i)(1)(ii) and 63.1310(i)(1)(ii) specify that owners or
operators in the situation described above must be in compliance with
the existing source requirements within 6 months from the date of the
notification.
Sections 63.480(i)(2) and 63.1310(i)(2). Similar changes are being
proposed for these paragraphs as those described above for
Secs. 63.480(i)(1) and 63.1310(i)(1). In Secs. 63.480(i)(2)(i)(A) and
63.1310(i)(2)(i)(A), rather than referring to the definition of
``reconstruction'' in
[[Page 11572]]
subpart A, the proposed text refers to a newly proposed definition of
``reconstruction,'' in Secs. 63.482(b) and 63.1312(b). The EPA is also
proposing to clarify, in Secs. 63.480(i)(2)(ii) and 63.1310(i)(2)(ii),
that the compliance dates are July 31, 1997 for most equipment leaks
and September 5, 1999 for most other emission points under subpart U,
and are February 27, 1998 for most equipment leaks and September 12,
1999 for most other emission points under subpart JJJ. Please note
that, as mentioned earlier, the compliance date for equipment leaks at
PET affected sources was temporarily extended to no later than
September 12, 1999 (62 FR 30993, June 6, 1997). Specifying the
compliance dates in Secs. 63.480(i)(2)(ii) and 63.1310(i)(2)(ii)
eliminates the need for the promulgated paragraphs under
Secs. 63.480(i)(2)(iii) and 63.1310(i)(2)(iii). The EPA is proposing to
remove these paragraphs and their subparagraphs, which specify
requirements for submitting ``compliance schedules.'' The EPA believes
that the requirement to create and submit compliance schedules is not
necessary under subparts U and JJJ. Provided that the existing source
is in compliance with the applicable requirements in subpart U or JJJ
on the compliance date, the EPA has no need to know in advance how the
owner or operator foresees bringing the existing affected source into
compliance by the appropriate date. The burden is on the owner or
operator to have a compliance plan that will guarantee that their
source will be in compliance by the date given in subpart U or JJJ, for
a particular emission point.
Promulgated Secs. 63.480(i)(3) and 63.1310(i)(3). The EPA is
proposing to remove the promulgated paragraphs Secs. 63.480(i)(3) and
63.1310(i)(3), because it has been determined that Secs. 63.480(i)(1)
and (2) and 63.1310(i)(1) and (2) cover all possible scenarios (i.e.,
there is no way for a Group 2 emission point to become a Group 1
emission point without a process change or the addition of an EPPU/TPPU
or emission point to the source.)
Sections 63.480(i)(5) and 63.1310(i)(5). The EPA is proposing a
minor amendment to these paragraphs that would result in a decrease in
burden on owners and operators. In these proposed amendments, a change
in production capacity is only considered to be a ``process change'' if
the change is an increase in production capacity.
Sections 63.480(i)(6) and 63.1310(i)(6). The proposed addition of
these paragraphs will direct owners and operators to the newly proposed
reporting requirements in Secs. 63.506(e)(7)(v) and 63.1335(e)(7)(iv),
which apply to additions and process changes. For the sake of
completeness, the EPA is proposing to add an entire subparagraph
describing the reporting requirements that apply to owners and
operators as a result of both promulgated and proposed provisions in
Secs. 63.480(i)(1) and (i)(2) and 63.1310(i)(1) and (i)(2), at
Secs. 63.506(e)(7)(v) and 63.1335(e)(7)(iv), as will be discussed in
greater detail in the section of this preamble that discusses proposed
changes to Secs. 63.506 and 63.1335.
Sections 63.480(j)(1) through (4) and 63.1310(j)(1) through (4).
These proposed paragraphs contain the general operational requirements
for compliance during periods of start-up, shutdown, malfunction, or
non-operation of an affected source (or portion thereof). These
proposed paragraphs largely mirror the promulgated HON paragraphs
Sec. 63.102(a)(1) through (4), with three primary exceptions.
First, the term ``emission limitation'' (as described in Section
302(k) of the Act) replaces the term ``provision'' throughout these
proposed paragraphs. This proposed change addresses a concern on behalf
of industry regarding exactly what the term ``provision'' covered (or,
in other words, which regulatory requirements did not apply during
periods of start-up, shutdown, malfunction, or non-operation.) The
definition of ``emission limitation'' that is contained in section
302(k) of the Act is:
A requirement * * * which limits the quantity, rate, or
concentration of emissions of air pollutants on a continuous basis,
including any requirement relating to the operation or maintenance
of a source to assure continuous emission reduction and any design,
equipment, work practice, or operational standard promulgated under
the Act.
The EPA has determined that the term ``emission limitation,'' as
defined under section 302(k) of the Act, is sufficiently broad to
encompass any requirements that the owner or operator might need relief
from, during a period of start-up, shutdown, malfunction, or non-
operation.
Second, the fact that emission limitations do not apply during
periods of start-up, shutdown, or malfunction is clearly spelled out in
the proposed language in Secs. 63.480(j)(1) and 63.1310(j)(1). The
promulgated versions of subparts U and JJJ were not clear on this
point.
Finally, proposed Secs. 63.480(j)(3) and 63.1310(j)(3) clearly
state the requirements for operating emissions control equipment and
monitoring equipment during periods of start-up, shutdown, and
malfunction. The promulgated rules and the HON were silent on the issue
of monitoring during a start-up, shutdown, or malfunction, while these
proposed amendments provide direct guidance on the control requirements
and monitoring requirements during a period of start-up, shutdown, or
malfunction.
These proposed amendments to subparts U and JJJ depart from the
amended HON by specifically requiring monitoring during periods of
start-up, shutdown, and malfunction. It is the EPA's position that
requiring monitoring during these periods will provide the EPA with
more information concerning whether or not Start-up, Shutdown, and
Malfunction Plans were followed, and will provide the EPA with valuable
information for assessing the adequacy of a source's Start-up,
Shutdown, and Malfunction Plan for future situations.
The proposed paragraphs contain a provision allowing owners or
operators to turn off monitoring equipment during start-up, shutdowns,
or malfunctions, if the owner or operator can demonstrate that the
monitoring equipment would be damaged or destroyed during those
periods, as long as such a provision is included in the source's Start-
up, Shutdown, and Malfunction Plan according to the procedures
specified in the proposed requirements in Secs. 63.506(b)(1),
63.1335(b)(1), 63.506(e)(3), and 63.1335(e)(3). The proposed procedures
in Secs. 63.506(b)(1) and 63.1335(b)(1) require that the owner or
operator first submit a Precompliance Report or ``supplement to a
Precompliance Report,'' demonstrating to the Administrator that the
monitoring system would be damaged or destroyed if not shut off during
a start-up, shutdown, or malfunction. This will allow the Administrator
to have the opportunity to object to the inclusion of such a provision
in the source's Start-up, Shutdown, and Malfunction Plan, if such a
provision seems to be unwarranted or insufficiently supported in the
Precompliance Report or supplement to the Precompliance Report. Under
these proposed amendments, unless the Administrator objects to a
request submitted in the Precompliance Report (or a supplement to the
Precompliance Report) within 45 days of its receipt, that request will
be deemed ``approved.''
2. Changes Unique to Polymers and Resins I
Section 63.480(d). In these proposed amendments, paragraphs (d)(2)
and
[[Page 11573]]
(d)(3) in Sec. 63.480 have been removed. The EPA believes that the
provisions in Sec. 63.480(d)(3) are not applicable to subpart U
affected sources, because such facilities (i.e., solvent reclamation,
recovery, or recycling operations at hazardous waste treatment,
storage, and disposal facilities) are typically not co-located with
EPPU. Those provisions were inadvertently incorporated with other HON
provisions from Sec. 63.100(j) into Sec. 63.480(d) at promulgation. The
EPA is also proposing to remove paragraph (d)(2), due to the fact that
Sec. 63.480(b) and (c)(1) (as proposed) address EPPUs and emission
points not containing or using any organic HAP. With today's action,
the EPA is requesting comments on the proposed removal of
Sec. 63.480(d)(2) and (d)(3) from subpart U.
Section 63.480(e). The EPA is proposing to edit paragraph (e) in
Sec. 63.480, to replace the incorrect references to ``subpart V'' with
the correct references to subpart JJJ.
Proposed Sec. 63.480(i)(3) and (i)(4). The EPA is proposing to
amend the promulgated paragraph Sec. 63.480(i)(4) (as Sec. 63.480(i)(3)
and (i)(4)), to specifically spell out to which emission points each
applies (i.e., surge control vessels and bottoms receivers that become
subject to Sec. 63.170, or compressors that become subject to
Sec. 63.164). In Sec. 63.480(i)(4), the EPA is also proposing to
specifically refer to the compliance dates for compressors, as they are
laid out in Sec. 63.481(d).
3. Changes Unique to Polymers and Resins IV
Section 63.1310(e). The proposed language in this paragraph is
intended to clarify that if only some emission points from a unit
operation are regulated by another Maximum Achievable Control
Technology (MACT) standard, then those particular emission points will
remain subject to that other MACT standard. Therefore, instead of
discussing ``unit operations,'' the proposed language discusses
``emission points from unit operations,'' so that there is no confusion
over whether the emission points or the entire ``unit operation'' is
subject to that other MACT standard.
Section 63.1310(i)(2)(ii). The EPA is proposing to add a condition
to the list of circumstances that are considered to be ``process
changes'' under Sec. 63.1310(i)(2)(ii). The circumstance that the EPA
is proposing to add in these amendments is a change resulting in
baseline emissions from continuous process vents in the collection of
material recovery sections at an existing affected source producing PET
using a continuous dimethyl terephthalate process going from less than
or equal to 0.12 kg organic HAP per Mg of product to greater than 0.12
kg of organic HAP per Mg of product. This proposed change in emission
level is similar to changing from Group 2 to Group 1; it signifies that
the owner or operator is now required to apply controls, so the EPA
believes that adding this new condition to the list of circumstances
that are considered to be ``process changes'' is appropriate.
Section 63.1310(i)(3). The EPA is proposing to change subpart JJJ
so that surge control vessels and bottoms receivers are handled in the
same manner for subpart JJJ, subpart U, and the HON. The EPA is
proposing to consider surge control vessels and bottoms receivers to be
subject to the requirements of subpart H of the HON, instead of
considering them to be storage vessels and subject to the requirements
in subpart G of the HON, as was done at promulgation of subpart JJJ.
This proposed change would make subpart JJJ consistent with subpart U,
with regard to how it handles surge control vessels and bottoms
receivers, but it will not cause any change in the actual control
requirements for surge control vessels and bottoms receivers. As a
result, the EPA is proposing to add Sec. 63.1310(i)(3), and to make
other changes (to Sec. 63.1312, in particular) as discussed elsewhere
in this preamble.
Section 63.1310(i)(4). The EPA is proposing to clarify
Sec. 63.1310(i)(4) by referring specifically to compressors and by
referring to the compliance dates for compressors in Sec. 63.1311(d).
C. Compliance Dates and Relationship to Other Rules-- Proposed Changes
to Sec. 63.481 and 63.1311
1. Changes Common to Polymers and Resins I and IV
It is anticipated that final action on the changes being proposed
in today's document will occur shortly before the compliance dates for
the non-equipment leak provisions of both subparts U and JJJ, as
described in Sec. 63.481 and 63.1311. The EPA believes that the changes
proposed in today's action can generally be classified as changes to
improve clarity and to increase flexibility in the testing, monitoring,
reporting, and recordkeeping requirements in subparts U and JJJ. The
EPA does not believe that these changes will cause a change in the
compliance status of a facility. The EPA also does not believe that
these amendments will effect major decisions that must be made by an
owner or operator well in advance of the compliance date, such as
whether a process is subject to the rule, or whether controls are
required for an emission stream. Therefore, today's action does not
include a proposed extension of the September 1999 compliance dates for
existing sources.
However, while the EPA believes the proposed changes do not
necessitate additional compliance time, the Agency recognizes that the
possibility exists that there could be specific provisions in today's
proposed changes that might effect the compliance status of one or more
facilities. Nonetheless, the EPA is requesting comments on whether the
proposed changes could place owners and operators in jeopardy of not
being in compliance in September 1999, solely due to a proposed
regulatory change. The EPA requests that commenters provide information
on the additional time that they believe they would need, and the basis
for the requested additional time period. In addition, the commenter
should identify the specific rule change that is being requested and
provide actual examples of how the rule change could cause a facility
to be out of compliance when the September 1999 compliance date
arrives, or when the changes are promulgated, whichever occurs later.
Title of Sec. 63.481 and 63.1311. Because the Notification of
Compliance Status is the report in which compliance (or non-compliance)
is ultimately documented, the EPA has decided that it is not necessary
for owners or operators of affected sources to submit a compliance
schedule. For this reason, the EPA is proposing to remove the term
``compliance schedule'' throughout both rules (including the titles for
Sec. 63.481 and 63.1311), and to remove all requirements to report
information in a ``compliance schedule'' throughout both rules. The
titles of Sec. 63.481 and 63.1311 are proposed to change from
``Compliance schedule and relationship of this rule to existing
applicable rules,'' to ``Compliance dates and relationship of this rule
to existing applicable rules.''
Sections 63.481(d) and 63.1311(d). The EPA is proposing changes to
Secs. 63.481(d) and 63.1311(d) that will allow owners and operators to
request compliance extensions for equipment leaks in the same manner in
which they would request a compliance extension for any other emission
point. The promulgated version of Secs. 63.481(d) and 63.1311(d)
referred owners and operators to section 112(i)(3)(B) of the Act (via
Sec. 63.182(a)(6) of subpart H) for instructions on how to request a
compliance extension for an equipment leak. The EPA found that the
requirements in Secs. 63.481(e) and 63.1311(e) satisfied the
requirements in
[[Page 11574]]
section 112(i)(3)(B) of the Act; therefore, the EPA is proposing to
simplify subparts U and JJJ by providing the same requirements (those
in Secs. 63.481(e) and 63.1311(e)) for owners and operators requesting
a compliance extension for any emission point (i.e., for equipment
leaks or other emission points).
Sections 63.481(d)(2)(iv) and 63.1311(d)(2)(iv). The EPA is
proposing a clarifying edit to Secs. 63.481(d)(2)(iv) and
63.1311(d)(2)(iv), to ensure that owners and operators realize that
they only need to send their request for a compliance extension (for
compressors) to the appropriate U.S. EPA Regional Office.
Sections 63.481(e) and 63.1311(e): Request for Compliance
Extension. The EPA is proposing to amend Secs. 63.481(e) and 63.1311(e)
to allow requests for compliance extensions to be submitted in a
separate submittal (as opposed to only in either the operating permit
application or the Precompliance Report), and to allow requests for
extensions to be made up until 120 days prior to the applicable
compliance dates (at promulgation, the request had to be made one year
in advance of the compliance date--i.e., when the Precompliance Report
was due).
Furthermore, Secs. 63.481(e)(3) and 63.1311(e)(3) are new
paragraphs that are modeled after Sec. 63.151(a)(6)(iv), proposing to
allow a request for a compliance extension later than 120 days prior to
the compliance date, under special circumstances. An example of such
circumstances (``beyond reasonable control of the owner or operator'')
would be if the owner or operator signed a contract to have control
equipment installed by a date much earlier than the compliance date,
but the contractor responsible for providing or installing that control
equipment was not able to deliver the equipment and/or install it
before the compliance date. The proposed addition of Secs. 63.481(e)(3)
and 63.1311(e)(3) would allow the owner or operator to request a
compliance extension during the last 120 days before the compliance
date, if the need arose during that 120 day period and if the need was
due to circumstances beyond the reasonable control of the owner or
operator. Submission of a compliance extension request would not,
however, stay the applicability of subparts U and JJJ to the applicant
during the pendency of the request.
The EPA is proposing these revisions to be consistent with the HON
amendments to Sec. 63.151(a)(6), and in recognition of the fact that
review of most requests for compliance extensions can be completed
within 120 days, and it is unlikely that the EPA would need 12 months
to complete the review of such a request. In addition, the EPA is
proposing to allow submittal of extension requests up to the compliance
date in recognition that unforeseen difficulties, such as construction
or operational difficulties can arise in the last moments of compliance
planning. The proposed provisions in Secs. 63.481(e)(3) and
63.1311(e)(3) are also considered necessary because it is unlikely that
these proposed revisions will be final more than 120 days prior to the
September 1999 compliance dates for certain control requirements. Any
changes in the wording or requirements of the final rule could affect
compliance planning for a source. Therefore, the EPA believes that it
is necessary to provide owners and operators with some opportunity to
apply for compliance extensions after the date that is 120 days prior
to the compliance date.
Sections 63.481(k) and 63.1311(m). In the promulgated rule
(Secs. 63.481 and 63.1311), the EPA attempted to address the problem of
overlapping requirements by specifying which provisions apply for each
of the known cases of overlapping rules. It has come to the EPA's
attention, however, that there was another broad category of
overlapping Resource Conservation and Recovery Act (RCRA) requirements
that were not addressed in the promulgated versions of subparts U and
JJJ. In today's amendments, the EPA is proposing provisions to allow
the use of certain RCRA-required monitoring, recordkeeping, and
reporting provisions to satisfy the corresponding requirements in
subparts U and JJJ. These proposed provisions would be added as
Secs. 63.481(k) and 63.1311(m).
Absent the proposed provisions, subparts U and JJJ would require
the owner or operator to comply with the applicable monitoring,
recordkeeping, and reporting provisions of subpart U or subpart JJJ, as
well as those from RCRA rules, in cases where the same control device
(e.g., an incinerator or adsorber) is subject to a RCRA rule and would
be used to comply with the requirements for the non-wastewater
provisions of subpart U or JJJ (through cross-reference to the HON
wastewater provisions, this overlap problem was not an issue for
wastewater streams at promulgation). Compliance with the applicable
monitoring, recordkeeping, and reporting requirements of subpart U or
JJJ as well as those in a RCRA rule would significantly increase the
cost of compliance demonstrations without providing a corresponding
environmental benefit. Therefore, to reduce this burden, the EPA is
proposing to allow an owner or operator to elect to use the monitoring,
recordkeeping, or reporting requirements in 40 CFR parts 260 through
272, instead of those otherwise required under subparts U and JJJ.
The EPA considers this proposed consolidation of overlapping
monitoring, recordkeeping, and reporting requirements to be appropriate
because the RCRA air rules and subparts U and JJJ have the same
objective and monitor similar operational characteristics of control
devices. In general, the RCRA requirements tend to require more
frequent monitoring, and the retention of more detailed information.
Therefore, it is possible to use the RCRA data and reports to
demonstrate compliance with the monitoring, recordkeeping, and
reporting requirements of subparts U and JJJ, for certain control
devices.
Sections 63.481(l) and 63.1311(n). The EPA is proposing to add a
paragraph at Secs. 63.481(l) and 63.1311(n) to address instances in
which requirements from other part 63 regulations overlap for the same
heat exchange system(s) or waste management unit(s) that are subject to
subpart U or JJJ. Under the proposed additions of Secs. 63.481(l) and
63.1311(n), compliance with subpart F (or another subpart of part 63
that requires compliance with Sec. 63.104) for heat exchange systems,
and/or compliance with subpart G (or another subpart of part 63 that
requires compliance with Secs. 63.132 through 63.147) for waste
management units, constitutes compliance with the heat exchange system
requirements and/or waste management unit requirements in subpart U or
JJJ.
2. Changes Unique to Polymers and Resins I
Section 63.481(d)(5) and (6). The EPA is proposing to change the
compliance date to September 5, 1999 (instead of September 6, 1999) in
both of these paragraphs so that they are consistent with other
provisions in subpart U (e.g., Sec. 63.480(i)(3)).
Section 63.481(j). The proposed addition of Sec. 63.481(j) mirrors
a provision that was promulgated in subpart JJJ (as Sec. 63.1311(k)).
This provision states that sources that were previously subject to 40
CFR part 60, subpart VV and that become subject to subpart JJJ will no
longer be subject to the provisions in 40 CFR part 60, subpart VV on
the compliance dates specified in subpart JJJ . A similar provision
should have also been
[[Page 11575]]
included in subpart U at promulgation, but was overlooked at that time;
therefore, the EPA proposes adding this provision at Sec. 63.481(j).
3. Changes Unique to Polymers and Resins IV
Section 63.1311(d)(3) and (d)(5). The EPA is proposing to change
the compliance date in Sec. 63.1311(d)(3) from September 14, 1998 to
September 12, 1998, and to change the compliance date in
Sec. 63.1311(d)(5) from September 13, 1999 to September 12, 1999 in
order to be consistent with other provisions throughout subpart JJJ
(e.g., Sec. 63.1311(b) and (c)).
Section 63.1311(i)(3). The EPA is proposing to add this paragraph
to clarify the intent of the promulgated rule that existing affected
sources producing PET that are subject to and complying with the
ethylene glycol concentration limits from the Polymers Manufacturing
NSPS (i.e., 40 CFR 60.562-1(c)(1)(ii)(B) or 60.562-1(c)(2)(ii)(B))
shall continue to comply with those requirements, and not the
requirements of subpart JJJ.
D. Definitions--Proposed Changes to Secs. 63.482 and 63.1312
1. Changes Common to Polymers and Resins I and IV
In the definition section of subparts U and JJJ, several changes
were necessitated as a result of changes to the HON definitions that
they cross-referenced. Paragraphs Secs. 63.482(a) and 63.1312(a)
contain a list of terms for which definitions are ``borrowed'' from
other part 63 subparts; specifically subpart A (General Provisions) and
subparts F, G, and H (HON). Many of the referenced HON definitions
include references to specific HON sections or to HON tables. The EPA
has concluded that this situation could cause confusion when those
definitions are applied to subparts U and JJJ. Therefore, the EPA has
removed several terms from the lists in Secs. 63.482(a) and 63.1312(a)
and has defined them in Secs. 63.482(b) and 63.1312(b). This proposed
change is intended to clarify the applicability of the definitions to
subpart U and JJJ affected sources, and the EPA does not intend for any
of the newly proposed definitions to change the meaning of the terms
that are being defined in Secs. 63.482(b) and 63.1312(b), instead of
cross-referenced through Secs. 63.482(a) and 63.1312(a). Examples of
such terms include ``maximum true vapor pressure'', ``flexible
operation unit,'' and ``continuous record.''
In addition, the EPA determined that references to several terms
were not needed because these terms are not used in subparts U and/or
JJJ. The EPA is also proposing to remove these terms from the list in
Secs. 63.482(a) and 63.1312(a). Examples include ``reference control
technology for process vents'' and ``fixed roof.'' Also, due to changes
in the HON, the EPA is proposing to remove several terms that were
referenced at promulgation. For example, the promulgated HON amendments
no longer contain a definition of the term ``point of generation,''
which was cross-referenced by Secs. 63.482(a) and 63.1312(a) at
promulgation of subparts U and JJJ. Finally, the EPA is proposing to
remove cross-references to certain subpart A and HON definitions, and
to instead provide definitions that are specific to subpart U and/or
JJJ, to improve clarity in subparts U and JJJ. Every definition
discussed below represents a proposed change from the promulgated
rules.
Aggregate batch vent stream. In this definition, the EPA proposes
to remove the last phrase (``before being routed to a control device
that is in continuous operation'') to remove any implication that the
control device defines the vent stream. In addition, the EPA is
proposing to add the concept of hard-piping or otherwise connecting
batch process vents together (to create continuous flow) to the
definition of an aggregate batch vent stream.
Annual Average Batch Vent Concentration. The EPA is proposing to
add a definition for this term for the sake of specificity in the rule,
and to distinguish it from the term ``annual average concentration,''
which applies to concentrations in wastewater streams. The newly
proposed term (``annual average batch vent concentration'') is used
only with regard to batch vents, whereas the promulgated term ``annual
average concentration'' was used in reference to both batch vents and
wastewater streams. This proposed separation of terms should reduce the
confusion caused by using the same term for both situations in the
promulgated rules.
Annual Average Batch Vent Flow Rate. The EPA is proposing to
include two separate definitions for ``annual average flow rate,'' and
``annual average batch vent flow rate,'' to minimize confusion between
the applicability of the two terms to process wastewater (for which the
term ``annual average flow rate'' is used) as opposed to batch process
vent streams (for which the term ``annual average batch vent flow
rate'' is used).
``Annual Average Concentration'' and ``Annual Average Flow Rate''.
The EPA is proposing to add definitions for these terms, and to remove
these terms (which were listed as being defined in Sec. 63.111 of
subpart F) from the list of cross-referenced definitions in the
promulgated versions of subparts U and JJJ. The newly proposed
definitions of these terms in Secs. 63.482(b) and 63.1312(b) point to
the HON requirements, but remind owners and operators to apply the
exceptions listed in Secs. 63.501 and 63.1330 to the wastewater
provisions in the HON.
``Average Batch Vent Concentration''. The addition of this
definition is being proposed because it became apparent that terms such
as ``average batch concentration'' and ``average concentration'' were
used inconsistently throughout the rules. In today's proposed
amendments, the EPA has eliminated the use of the terms ``average batch
concentration'' and ``average concentration'' throughout subparts U and
JJJ, and has replaced those terms with the more specific term ``average
batch vent concentration'' throughout both proposed rules.
``Average Batch Vent Flow Rate''. The EPA is proposing to define
this term both for the sake of accuracy and specificity in these rules,
and in order to distinguish it from the term ``average flow rate,''
which is not used in subpart U or JJJ, but is used in the wastewater
provisions in the HON, which these subparts reference. ``Average flow
rate'' is defined in Sec. 63.111 of subpart G.
``Batch Cycle Limitation''. The EPA is proposing to remove the
whole concept of the ``batch cycle limitation'' (per se) and replace it
with a ``batch mass input limitation.'' Therefore, the EPA is proposing
to remove this definition from subparts U and JJJ. See Section II.I of
this notice for more details regarding the proposed change to a batch
mass input limitation.
``Batch Front-end Process Vent'' and ``Batch Process Vent''. The
EPA is proposing several changes to these definitions. The first is to
replace the term ``point of emission'' with the term ``process vent''
throughout the definitions of ``batch front-end process vent'' and
``batch process vent,'' because the only emission points that are
considered to be batch front-end process vents or batch process vents
are process vents. The second proposed change to these definitions is
to restructure them so that it is clear that if a process vent has less
than 225 kilograms per year (kg/yr) of organic HAP emissions, then that
process vent is not a batch process vent. Finally, the EPA is proposing
to edit these definitions to add specific references to where and how
the annual organic HAP emissions are measured to determine whether or
not at least 225
[[Page 11576]]
kg/yr are being emitted from the process vent. Similar changes are also
being proposed in the definitions of ``Group 1 Batch Front-end Process
Vent'' and ``Group 1 Batch Process Vent,'' in subparts U and JJJ,
respectively, as described in more detail below.
``Batch Mass Input Limitation''. This definition was added as a
result of the proposed change discussed under Section II.I of this
notice, which would replace the batch cycle limitation concept with the
batch mass input limitation concept (i.e., the units used in the
limitation are being proposed to be changed from ``number of cycles''
to ``mass input'').
``Batch Mode,'' ``Batch Front-end Process,'' ``Batch Process
Vent,'' ``Batch Process,'' and ``Batch Unit Operation''. The new
definition for ``batch mode'' is part of a set of proposed changes to
the definitions of ``batch process,'' ``batch front-end process,'' and
``batch unit operation.'' It has been suggested that the promulgation
definitions of batch front-end process vent/batch process vent, batch
process, and batch unit operation, and continuous process, continuous
process vent, and continuous unit operation caused confusion. In
considering the intent and usage of these terms, the EPA has decided to
propose changes to these definitions. First, for the production of some
thermoplastic products, an entire process unit must be classified as
``batch'' or ``continuous,'' because some subcategories (and the
resulting control requirements) were established on this basis. For
purposes of establishing a process unit as either ``batch'' or
``continuous,'' the terms ``batch process'' and ``continuous process''
are used. The definitions of those terms classify the process unit as
``batch'' or ``continuous'' based on whether the reactor(s) in the
process unit are operated in a ``batch mode'' or ``continuous mode''
(the EPA is also proposing to replace the terms ``batch process mode''
and ``continuous process mode'' with the terms ``batch mode'' and
``continuous mode'' in these amendments).
However, the EPA intended, and continues to intend, that a process
vent be classified as ``continuous'' or ``batch'' based on the unit
operation from which the emissions originate. It is possible that in a
process where the reactor is operated in a batch mode (thus meaning the
entire process is operated as a ``batch process''), subsequent unit
operations could be continuous. In fact, in the elastomer and
thermoplastic industries, it is common for the reactors to be batch and
the finished unit operations (e.g., dryers) to be continuous.
Therefore, within a batch process, there would be some batch process
vents (e.g., reactor vents) and some continuous process vents (e.g.,
dryer vents).
In an attempt to clarify this situation, the EPA is proposing to
add and amend related definitions. The foundation for the proposed
concepts is the newly added definitions of ``batch mode'' and
``continuous mode,'' which describe operational characteristics of
these two ``modes.'' The EPA is proposing to modify the definitions of
``batch unit operation'' and ``continuous unit operation,'' basing the
definitions on whether the unit operation is operated in a batch (or
continuous) mode. This is consistent with the promulgated approach,
which classified process vents based on whether they originated at a
batch or continuous unit operation. Finally, the EPA is proposing to
modify the definitions of ``batch process'' and ``continuous process''
so that these definitions are based on whether the reactors are
operated in a batch or continuous mode. The EPA believes that these
proposed changes should eliminate the confusion between these terms.
``Combined Vent Stream''. The EPA is proposing to add this
definition to clarify what could be included in a ``combined vent
stream'' (e.g., a combination of two or more of the following types of
process vents: batch process vents, continuous process vents, and
aggregate batch vent streams), for the purposes of subparts U and JJJ.
``Compliance Schedule''. For the reasons explained more fully in
section B.1. of this notice, the EPA is proposing to remove this term
from the list of cross-referenced definitions contained in
Secs. 63.482(a) and 63.1312(a) because it is no longer cross-referenced
or used in subpart U or JJJ.
``Construction''. The EPA is proposing to add definitions of
``construction'' which are specific to subparts U and JJJ. In the newly
proposed definitions, the term ``stationary source'' (which was used in
the HON definition) is replaced with the term ``affected source,'' in
order to clarify that the newly proposed definitions only apply to the
construction of a subpart U or JJJ ``affected source.'' The proposed
definitions also make clear (as proposed under Secs. 63.480(i)(1) and
63.1310(i)(1)) that the addition of an EPPU/TPPU or group of EPPU/
TPPU's triggers the definition of ``construction'' when the
``addition'' of the EPPU/TPPU is the result of a change in primary
product (causing a formerly non-elastomer/non-thermoplastic product
process unit to become an EPPU/TPPU), if the other requirements listed
in Secs. 63.480(i)(1) and 63.1310(i)(1) are met.
``Continuous Mode,'' ``Continuous Front-end Process Vent,''
``Continuous Process Vent,'' ``Continuous Process,'' and ``Continuous
Unit Operation''. The proposed changes to these definitions mirror
those being proposed for the definitions of ``batch mode,'' ``batch
front-end process vent'', ``batch process vent'', ``batch process,''
and ``batch unit operation.'' An explanation for those proposed changes
is given above, under the subsection entitled ``Batch Mode; Batch
Front-end Process; Batch Process Vent; Batch Process; and Batch Unit
Operation.'' However, other unrelated changes were also made to these
definitions, as described in other parts of this section, including
under ``Changes Unique to Polymers and Resins I,'' and ``Changes Unique
to Polymers and Resins IV.''
``Continuous Record'' and ``Continuous Recorder''. The EPA has
determined that it was incorrect to merely cross-reference the
definitions of these two terms in Sec. 63.111, and is proposing to add
these two definitions to subparts U and JJJ by modelling the new
definitions after the HON definitions, but substituting the appropriate
references to the recordkeeping and reporting requirements in subparts
U and JJJ for the HON references used in the definitions in
Sec. 63.111.
``Duct Work''. In Secs. 63.482(a) and 63.1312(a), the EPA is
proposing to add a cross-reference to the definition of the term ``duct
work'' in the HON (Sec. 63.161) because the EPA is also proposing to
use this term as a clarifying measure in the definitions of EPPU and
TPPU (see explanations for changes to those definitions in this
section).
``Emission Limitation''. Due to some ambiguity in the distinction
in meaning between the terms ``provisions,'' ``emission limitations,''
and ``emission standards,'' the EPA is proposing to clearly define what
is meant when these rules refer to an ``emission limitation,'' by
cross-referencing the definition of that term in Section 302(k) of the
Clean Air Act (Act). The Act defines an emission limitation as:
``a requirement * * * which limits quantity, rate, or concentration
of emissions of air pollutants on a continuous basis, including any
requirement relating to the operation or maintenance of a source to
assure continuous emission reduction and any design, equipment, work
practice or operational standard promulgated under this Act.''--
Section 302(k).
The EPA believes that this definition encompasses percent HAP reduction
requirements, outlet concentration
[[Page 11577]]
requirements, compliance options that specify the use of a flare,
temperature requirements for condensers, and a variety of other
provisions intended to reduce emissions, including leak detection and
repair (LDAR) programs for the control of emissions from equipment
leaks.
Because section 112(h)(1) draws a distinction between the use of
the term ``emission standard'' and the use of the term ``emission
limitation,'' the EPA decided it would be best to specifically refer to
the broader term (defined in Section 302(k) of the Act), especially due
to the manner in which that term is used in the proposed revisions to
Secs. 63.480(j) and 63.1310(j).
``Emission Point''. The EPA is proposing a correction to the
definition of ``emission point,'' by specifying that ``waste management
units,'' rather than each ``wastewater streams'' are emission points.
As a result of the HON amendments, ``equipment subject to Sec. 63.149''
has also been added to the list of emission points described in this
definition.
``Equipment''. At promulgation of subparts U and JJJ, the
definition of ``equipment'' in Sec. 63.161 was cross-referenced.
However, it came to the EPA's attention that unilaterally cross-
referencing that definition was problematic, in that the definition of
``equipment'' in Sec. 63.161 was not appropriate for non-equipment leak
components. The definition of ``equipment'' in Sec. 63.161 applies
uniquely to equipment leak components, described for the purposes of
subpart H. For that reason, rather than cross-referencing the
definition in Sec. 63.161, the EPA is proposing to add definitions for
``equipment'' to both subparts U and JJJ, to define the term
``equipment'' for specific use with the equipment leak provisions in
subparts U and JJJ.
``Existing Affected Source'' and ``New Affected Source''. The EPA
is proposing to add definitions for the terms ``existing affected
source'' and ``new affected source'' that refer to the appropriate
criteria in Secs. 63.480(a) and 63.1310(a).
``Existing Process Unit'' and ``New Process Unit''. The proposed
definitions of ``existing affected source'' and ``new affected source''
are not appropriate to use in some parts of Secs. 63.480(f) and
63.1310(f), because, at the time that an owner or operator is
determining whether or not a process unit is subject to subpart U or
subpart JJJ, it is not yet part of an ``affected source.'' Therefore,
the proposed definitions for ``existing process unit'' and ``new
process unit'' mirror the definitions for ``existing affected source''
and ``new affected source,'' except that the proposed definitions apply
to process units rather than entire sources.
``Flexible Operation Unit''. The EPA is proposing to add a
definition for this term to both subparts U and JJJ, instead of cross-
referencing the definition in Sec. 63.101 (as was done at
promulgation), because the HON definition of ``flexible operation
unit'' refers to ``chemical manufacturing process units.'' The proposed
definitions to be added to subparts U and JJJ are modeled after the HON
definition of ``flexible operation unit,'' but discuss ``process
units'' instead of ``chemical manufacturing process units.''
``Group 1 Batch Front-end Process Vent'' and ``Group 1 Batch
Process Vent''. The EPA is proposing to amend these definitions in
order to clarify how and where the annual organic HAP emissions and
annual average batch vent flow rate are determined.
``Group 1 Wastewater Stream''. The proposed amendments to this
definition reflect the amendments promulgated for the definition of
``Group 1 wastewater stream'' in Sec. 63.111. The EPA is also proposing
to clarify that the wastewater streams are ``from'' (not ``at'') an
existing or new affected source, so that wastewater streams that are
from a non-thermoplastic or non-elastomer facility, but that flow
across property belonging to an affected source without being changed
or added to in any way, are not necessarily considered to be Group 1
wastewater streams under subparts U and JJJ. Other proposed changes
include a reference to the Group 1 criteria in the HON (Sec. 63.132(c))
and references to the organic HAP tables in subpart U and subpart JJJ,
respectively, and to Sec. 63.501(a)(10) for subpart U and
Sec. 63.1330(b)(8) for subpart JJJ.
``Hard-piping''. In Secs. 63.482(a) and 63.1312(a), the EPA is
proposing to add a cross-reference to the definition of this term in
the HON (Sec. 63.111) because the EPA is also proposing to use this
term as a clarifying measure in the definitions of EPPU and TPPU (see
explanations for changes to those definitions in this section).
``Highest-HAP Recipe''. The EPA is proposing to add this definition
to both subparts U and JJJ in essence to replace the concept of
``worst-case HAP emitting product'' which was promulgated in both
rules. The concept of ``highest-HAP recipe'' is much more
straightforward, and the product meeting the definition of ``highest-
HAP recipe'' is more easily determined than the ``worst-case HAP
emitting product.'' The explanation of the proposed amendments to the
batch process vent group determination procedures in Section II.I of
this notice provides more detail on the rationale behind this change.
``Initial Start-up''. The EPA is proposing to add a definition for
``initial start-up'' that mirrors the definition in Sec. 63.101, except
that initial start-up is triggered by the first time that an elastomer
or thermoplastic product is produced in the unit or equipment, rather
than by the first time the unit begins production or the equipment is
put into operation for any product.
``Maintenance Wastewater''. The EPA is proposing to add a
definition for ``maintenance wastewater'' to subpart U, and to amend
the promulgated definition of ``maintenance wastewater'' in subpart
JJJ, so that both definitions mirror the HON definition for this term
in Sec. 63.101, with a special provision stating that the generation of
wastewater from the routine rinsing or washing of equipment in batch
operation between batches is not maintenance wastewater, but is
considered to be process wastewater, for the purposes of subparts U and
JJJ.
``Maximum True Vapor Pressure''. The EPA is proposing to remove
this definition from the list of cross-referenced definitions in
Secs. 63.482(a) and 63.1312(a), and to add a definition specific to
subparts U and JJJ, because, unlike the HON, these rules do not cover
transfer operations.
``Month'' and ``Year''. The EPA is proposing to delete the
definitions of ``month'' and ``year'' from subpart U, and to delete the
definition of ``year'' from subpart JJJ, because these definitions
could be misleading, since the proposed paragraphs Secs. 63.481(m) and
63.1311(o) define all calendar periods. The EPA is also requesting
comments on the idea of removing these definitions from Sec. 63.1423(b)
of subpart PPP, the Polyether Polyols Production NESHAP.
``Multicomponent System''. The EPA is proposing to add a definition
for this term in order to clarify the term's meaning (due to its use in
Secs. 63.488(b) and 63.1323(b)), which is that a ``multicomponent
system'' is a stream whose liquid and/or vapor contains more than one
compound.
``Net Positive Heating Value''. The EPA is proposing to add a
definition for ``net positive heating value,'' because this term is
used in the definition of ``recovery device.'' The proposed definition
explains that, as used in subparts U and JJJ, ``net positive heating
value'' is the difference between the heat value of the recovered
chemical stream and the minimum heat value required to ensure a stable
flame in a
[[Page 11578]]
combustion device. This difference must have a positive value when used
in the context of ``recovering chemicals for fuel value,'' which is one
of the distinguishing characteristics of a ``recovery device,'' as
defined in subparts U and JJJ. The proposed addition of a definition of
``net positive heating value'' is important because it helps
distinguish between recovery devices and devices that are not recovery
devices, insofar as the properties listed in subparts U and JJJ
describe a ``recovery device.''
``On-site''. The EPA is proposing to add this definition, based on
the definition for the same term that was added in the amendment to
Sec. 63.101. This is needed because the EPA is also proposing an
amendment to Secs. 63.506(h)(1)(vi) and 63.1335(h)(1)(vi), specifying
the requirements for keeping descriptions of monitoring systems at
affected sources (based on the amendment to the HON that added similar
requirements at Sec. 63.152(g)(1)(vi)(D).) The proposed definition of
``on-site'' clarifies that the records may be kept anywhere at the
source, such as a central filing area.
``Operating Day''. The EPA is proposing to add a definition for the
term ``operating day'' in order to distinguish an operating day from a
calendar day. Operating days are important for the purposes of
determining daily average monitoring values and batch cycle daily
average monitoring values.
``Organic Hazardous Air Pollutant(s) (Organic HAP)''. The EPA is
proposing to amend this definition, in order to reduce the burden on
industry that was implied by the promulgated clause that said that any
chemical that ``has been or will be reported under any Federal or State
program, such as EPCRA section 311, 312, or 313 or Title V,'' was an
organic HAP. The proposed definition states that only chemicals listed
in Table 5 of subpart U (for subpart U), or Table 6 of subpart JJJ (for
subpart JJJ), or that are listed in Table 2 of subpart F, that are
``knowingly produced or introduced'' into the manufacturing process
constitute ``organic HAP'' for the purposes of subparts U and JJJ.
``Process Unit''. Because the terms ``pipes'' and ``ducts,'' which
were used in the promulgated version of this rule, were undefined, the
EPA has refined the terminology, to use the terms ``hard-piping'' and
``duct work.'' The proposed amendments to Secs. 63.482(a) and
63.1312(a) now cross-reference the definitions of ``hard-piping'' and
``duct work'' in Secs. 63.111 and 63.161, respectively.
``Process Vent''. The EPA is proposing to amend this definition
primarily in order to clarify what constitutes the ``beginning'' and
what constitutes the ``end'' of a process vent. Under the proposed
changes to this definition, a gaseous emission stream is no longer
considered to be a process vent after the stream has been controlled
and monitored in accordance with the applicable provisions of these
rules.
``Product''. The EPA is proposing to amend the definition of
``product'' in subparts U and JJJ in order to clarify that there can be
several different ``recipes'' (see below) for the same product, and
that, in the case of elastomer products, there can be more than one
``grade'' for a product (see Section II.D of this notice). An
additional sentence also clarifies that non-polymer chemicals are
considered to be products, if they are manufactured at a process unit.
``Recipe''. The EPA is proposing to add a definition for the term
``recipe,'' as a very specific mixture of monomers, additives, or other
reactants. This new definition would clarify that a single type of
product (e.g., butyl rubber or acrylonitrile butadiene styrene latex)
could be produced using several different recipes.
``Reconstruction''. The EPA is proposing to add a definition of
``reconstruction'' that is specific to subparts U and JJJ. In the newly
proposed definition, the term ``stationary source'' (used in the HON
definition of ``reconstruction'') has been replaced with the term
``affected source,'' in order to clarify that this definition only
applies to the reconstruction of a subpart U or JJJ ``affected
source.'' The proposed definitions also make clear that (as proposed
under Secs. 63.480(i)(2) and 63.1310(i)(2)) the addition of an emission
point triggers the definition of ``reconstruction,'' when the
``addition'' of the emission point is the result of a process change
that caused a Group 2 emission point to become a Group 1 emission
point, or that caused a non-emission point to become a new ``emission
point,'' as defined in subparts U and JJJ, as long as the other
requirements listed in Secs. 63.480(i)(2) and 63.1310(i)(2) have also
been met.
``Recovery Device''. The definition of ``recovery device'' that the
EPA is proposing to add to subparts U and JJJ is modeled after the
amended definition for the same term in Sec. 63.101. However, the
proposed definition has been slightly restructured by including the
purposes for which a recovery device may be used in a numbered list.
``Recovery Operations Equipment''. The EPA is proposing to amend
this definition to clarify that recovery or recapture devices used as
control devices are not considered to be ``recovery operations
equipment.''
``Residual''. The EPA is proposing to add a definition for the term
``residual'' (instead of simply cross-referencing the definition found
in Sec. 63.111), to clarify that residuals for subparts U and JJJ will
be liquid or solid materials containing organic HAP listed in Table 5
of subpart U (for subpart U) or in Table 6 of subpart JJJ (for subpart
JJJ) that are removed from a wastewater stream by a waste management
unit.
``Shutdown'' and ``Start-up''. The EPA is proposing to add
definitions of ``shutdown'' and ``start-up'' that are modeled after the
HON definitions that subparts U and JJJ previously cross-referenced
(Sec. 63.101), but which have been modified slightly to include subpart
U and JJJ cross-references, and to add provisions specific to batch
process vents.
``Storage Vessel''. The EPA is proposing to amend this definition
to remove the implication that if a tank is not assigned to an EPPU or
TPPU, it is not a storage vessel. A correction is also being proposed
in subpart U, which would change the incorrect term ``bottoms receiver
tanks'' to the correct term ``bottoms receivers.''
``Total Resource Effectiveness (TRE) Index Value''. The EPA is
proposing to add a rule-specific definition for this term in both
subpart JJJ and subpart U. The proposed definitions are largely modeled
after the definition of the same term in Sec. 63.111, but contain
changes specific to the individual rules to which they apply.
``Vent Stream''. The EPA is proposing to add a definition for the
term ``vent stream'' (instead of simply cross-referencing the
definition found in Sec. 63.111), because the definition of ``vent
stream'' in Sec. 63.111 did not include the concept of batch process
vents or aggregate batch vents.
``Waste Management Unit''. The definition of ``waste management
unit'' that the EPA is proposing to add to subparts U and JJJ refers to
the amended definition of the term in Sec. 63.111, with a few word
substitutions (e.g., replacing CMPU with EPPU or TPPU). The amended
definition of ``waste management unit'' in Sec. 63.111 helps clarify
the idea that only once wastewater has been discarded from the process
unit does it become subject to the wastewater provisions. The amended
HON definition also draws a clear distinction between waste management
units and recovery equipment that is considered to be part of the
process unit.
[[Page 11579]]
``Wastewater''. The definition for ``wastewater'' that the EPA is
proposing to add to subparts U and JJJ is largely modeled after the
amended HON definition for the same term in Secs. 63.101 and 63.111,
except that it refers to the appropriate organic HAP lists in subparts
U and JJJ (i.e., Table 5 of subpart U and Table 6 of subpart JJJ). The
EPA is proposing to add these definitions for the term ``wastewater''
to subparts U and JJJ and to delete the cross-references to the HON
definition that were promulgated under Secs. 63.482(a) and 63.1312(a).
However, the proposed definitions in subparts U and JJJ otherwise
mirror the definition promulgated in Sec. 63.111, which was amended in
order to add the concept of the fluid having been ``discarded'' from a
process unit. The proposed ``discard'' concept is fundamental in
distinguishing which fluids exiting the EPPU or TPPU are subject to the
wastewater provisions in Secs. 63.501 or 63.1330, respectively.
Together with the point of determination and in-process equipment
concepts in the amended HON, the proposed definition of ``wastewater''
in subparts U and JJJ, like the amended HON definition, makes decision-
making for owners and operators of facilities (and for regulatory
authorities) more straightforward, and makes the proposed rules easier
to implement than the promulgated rules. Because fluids in the in-
process equipment are also controlled under Secs. 63.501 and 63.1330 in
these proposed amendments, emission reductions will not be affected by
these proposed changes.
``Wastewater Stream''. The EPA is proposing to add a definition of
this term to both subparts U and JJJ, because the definition of this
term in Sec. 63.111 is inappropriate for subparts U and JJJ, in that it
refers to ``wastewater as defined in Sec. 63.101.'' This is
inappropriate for subparts U and JJJ because the EPA is proposing to
define wastewater in Secs. 63.482 and 63.1312, rather than refer to the
definition of that term in Sec. 63.101. Therefore, the EPA is proposing
to add the proposed definitions for the term ``wastewater stream'' to
subparts U and JJJ and to delete the cross-references to the HON
definition of this term in Secs. 63.482(a) and 63.1312(a).
2. Changes Unique to Polymers and Resins I
``Block Polymer''. The EPA is proposing to add a definition of
``block polymer'' because that term is used in the definition of the
term ``resin.''
``Continuous Front-end Process Vent''. In addition to the changes
mentioned above under ``Changes Common to Polymers and Resins I and
IV,'' the EPA is proposing amendments to this definition to correct an
error made at promulgation: the scmm and ppmv cutoffs were meant to
distinguish between Group 1 and Group 2 continuous front-end process
vents, rather than to be a defining characteristic of all continuous
front-end process vents. Therefore, the amended definition of this term
has only one cutoff, which is that the process vent must contain
greater than 0.005 weight percent total organic HAP. The proposed
definition is consistent with the HON's definition for ``process
vent,'' which it was intended to mirror. In addition, the EPA is
proposing to add a sentence to the end of this definition, clarifying
where and how organic HAP weight percent is to be determined.
``Control Device''. The proposed edits to this definition in
subpart U are intended to remove any ambiguity that might have been
caused by the promulgated structure of the definition. In other words,
the EPA is proposing to remove the phrase ``replaced with'' from the
promulgated definition of ``control device,'' and to instead use the
phrase ``shall apply'' in the proposed definition.
``Elastomer Product'' and ``Elastomer Type''. The EPA is proposing
to edit these definitions to clarify that, under subpart U, there are
13 distinctly different ``elastomer types,'' which are listed in the
definition of ``elastomer product.''
``Elastomer Product Process Unit (EPPU)''. The EPA is proposing
changes to this definition to resolve several concerns, and to make a
correction. The last sentence of this definition at promulgation
(beginning ``Compounding units * * *'') was an inadvertent carry over
from subpart JJJ, and did not belong in this definition. That sentence
has been removed from the definition proposed in this notice.
Because the terms ``pipes'' and ``ducts,'' which were used in the
promulgated version of this rule were undefined, the EPA has refined
the terminology, to use the terms ``hard-piping'' and ``duct work.''
The proposed amendments now cross-reference the definitions of ``hard-
piping'' and ``duct work'' in ''63.111 and 63.161, respectively. New
language has also been added to clarify that utilities and other non-
process lines are not considered to be part of the EPPU.
``Emulsion Process'' and ``Suspension Process''. The EPA is
proposing to amend the definitions of ``emulsion process'' and
``suspension process,'' which were nearly identical at promulgation, so
that they are distinguishable from one another, and so that they are
more precise. The terms ``emulsion'' is central to the distinction
between two different elastomer products: styrene butadiene rubber by
solution, and styrene butadiene by emulsion. The term ``suspension
process'' is important for the purposes of defining ``ethylene
propylene rubber.''
``Epichlorohydrin Elastomer''. The EPA is proposing to amend this
definition to simplify the term ``epoxy resins'' to ``epoxies,'' in
order to avoid contradictions between this definition, the definition
of ``elastomer,'' and the definition of ``resin.'' As will be explained
further below, at promulgation, the definition of ``resin'' stated that
a resin is not an elastomer and the definition of ``elastomer'' said
that an elastomer is not a resin, but the EPA decided that this
circular way of defining those terms was not helpful. So, in addition
to proposing to remove the statement in the definition of ``resin''
that indicated that a resin was not an elastomer, the EPA is proposing
to replace the term ``epoxy resins'' with the term ``epoxies,'' in
order to avoid even greater confusion over the interactions between
these definitions.
``Ethylene-propylene rubber''. The EPA is proposing to take out the
phrase ``moderate amount of the'' (which precedes the phrase ``third
polymer''), based on the fact that the phrase ``moderate amount of'' is
not quantitatively defined, and therefore offers little useful
guidance.
``Front-end''. The EPA is proposing to remove a sentence from this
definition that caused confusion and was unnecessary. In particular,
the idea that the ``front-end'' began specifically at ``raw material
storage'' was problematic, in that material could be hard-piped into a
process unit without first being ``stored,'' per se.
``Glass Transition Temperature''. The EPA is proposing to define
this term (which is used in the definition of ``elastomer'') as part of
these amendments, because the meaning of this term, which is central to
the definition of ``elastomer,'' might not be common knowledge to
owners and operators.
``Grade''. The proposed changes to this definition are intended to
better distinguish between the terms ``product,'' ``recipe,'' and
``grade.'' The proposed definition clarifies that a grade is a ``group
of recipes'' used for the production of one elastomer type, but that
more than one recipe can also make up one ``grade.''
``Group 1 Continuous Front-end Process Vent''. The changes that the
[[Page 11580]]
EPA is proposing to make to this definition actually represent a
correction, in that this definition was intended to mirror the HON
definition for ``Group 1 Process Vent,'' but was inadvertently changed
to have more limiting criteria at the promulgation of subpart U. The
missing criteria (i.e., flow rate greater than or equal to 0.005
standard cubic meter per minute and total organic HAP concentration
greater than or equal to 50 parts per million by volume) have been
added to the proposed amendments to this definition.
``Group 2 Continuous Front-end Process Vent''. For similar reasons
to those given above, the EPA is also proposing to amend this
definition, to include the missing distinguishing criteria (i.e., flow
rate less than 0.005 standard cubic meter per minute, total organic HAP
concentration less than 50 parts per million by volume, or total
resource effectiveness index value greater than 1.0).
``Polybutadiene Rubber by Solution'' and ``Styrene Butadiene Rubber
by Solution''. These two definitions are being separated in these
proposed amendments in order to clarify that they constitute two
different elastomer products.
``Resin''. The proposed changes to the definition of ``resin'' are
intended as clarifications, and make no substantive change to this
definition.
``Stripper''. The EPA is proposing to add a very basic definition
of the term ``stripper'' to subpart U, because this term is used in
subpart U and the EPA believes that it would be helpful to define the
term.
``Stripping''. The EPA is proposing to define the term
``stripping'' rather than the term ``stripping technology,'' because
the term ``stripping'' is used in subpart U. The proposed definition of
``stripping'' is largely based on the promulgated definition of
``stripping technology,'' except that the EPA is proposing to be more
specific about which processes are considered to be stripping and which
processes are not considered to be stripping.
Finally, the EPA is proposing to remove the following definitions
from subpart U with these proposed amendments because these terms are
not used in subpart U: ``mass process,'' ``material recovery section,''
``polymerization reaction section,'' ``raw materials preparation
section,'' and ``solid state polymerization unit.''
3. Changes Unique to Polymers and Resins IV
``Continuous Process Vent''. In addition to the changes mentioned
above under ``Changes Common to Polymers and Resins I and IV,'' the EPA
is proposing to add a sentence to the end of this definition,
clarifying where and how organic HAP weight percent is to be
determined.
``Emulsion Process''. The EPA is proposing to expand upon this
definition, in an attempt at further clarifying the differences between
emulsion processes, mass processes, and suspension processes.
``Heat Exchange System''. The EPA is proposing to replace the word
``operated'' with the phrase ``intended to operate'' in this
definition, so that if contact occurs between the cooling medium and
the process fluid or gases, the cooling system does not automatically
cease to be a ``heat exchange system.''
``Material Recovery Section''. There are five changes proposed for
this definition. First, the EPA is proposing to remove the phrase
``purification and treatment'' from the definition. The EPA believes
that this phrase could be interpreted to include wastewater treatment
processes; this was not the intent of the Standards of Performance for
VOC Emissions from the Polymer Manufacturing Industry or the
promulgated Polymers and Resins IV rule. Because this misinterpretation
could occur, the proposed language removes this phrase and replaces it
with the terms ``separation'' and ``recovery.'' The EPA judged that the
terms ``separation'' and ``recovery'' more accurately describe the
physical operations that are taking place.
Second, the EPA believes that the phrase ``off-site purification
and treatment'' could be misinterpreted to exclude on-site activities.
Based on the background documents for the Standards of Performance for
VOC Emissions from the Polymers Manufacturing Industry, which served as
the basis for the definition of ``material recovery section'' and the
provisions contained in Secs. 63.1316 through 63.1320, there is a
distinction between on-site and off-site activities in the Standards of
Performance for VOC Emissions from the Polymers Manufacturing Industry,
and the proposed language is intended to clarify this distinction. The
phrase ``separates and recovers * * * for sale or return to the TPPU''
signifies on-site activities and the phrase ``separates * * * for off-
site recovery'' signifies off-site activities.
Third, the proposed language is intended to clarify that equipment
recovering both ethylene glycol and any other materials is considered
to be in the polymerization reaction section, and not in the material
recovery section. In response to a comment at proposal, the promulgated
rule attempted to make this change but did not do so adequately.
Specifically, the proposed language removes the parenthetical phrase
``(e.g., methanol)'' to avoid implying that methanol is the only other
material of interest.
Fourth, the entire definition of material recovery section has been
revised to clarify that the chemicals involved are restricted to
ethylene glycol and methanol for PET affected sources and styrene for
polystyrene affected sources. During development of the Standards of
Performance for VOC Emissions from the Polymers Manufacturing Industry,
ethylene glycol and methanol (for PET) and styrene (for polystyrene)
were the only chemicals considered to be involved with the material
recovery section. Therefore, other equipment recovering other chemicals
are not considered to be part of the material recovery section, under
the amended definition proposed with today's action.
Fifth, the proposed language removes the following sentences:
Equipment that treats recovered materials are to be included in
this process section, but equipment that also treats raw materials
are not to be included in this process section. The latter equipment
are to be included in the raw materials preparation section.
These sentences were removed because the situation described by them
does not occur in the production of PET or polystyrene.
``Raw Material Preparation Section''. Slight wording changes have
been made to this definition, to clarify the intended meaning of the
term ``raw material preparation section.'' At promulgation, this
definition stated that the raw material preparation section began with
the equipment used to transfer raw materials from storage and ended
with the last piece of equipment that prepares the material for
polymerization. Under the proposed definition, instead of saying that
the raw material preparation section ``begins'' with the equipment used
to transfer raw materials from storage, the rule states that the raw
materials preparation section ``includes'' the equipment used to
transfer raw materials from storage.
``Solid State Polymerization Process''. The EPA is proposing to
define ``solid state polymerization process'' instead of ``solid state
polymerization unit'' (as was done at promulgation), because the term
``solid state polymerization process'' is used in subpart JJJ (in
Sec. 63.1310(d)(5)), while the term ``solid state polymerization unit''
is not.
``Storage Vessel''. In addition to the proposed amendments
described above
[[Page 11581]]
as common changes to subparts U and JJJ, in subpart JJJ the EPA is also
proposing to add ``surge control vessels and bottoms receivers'' to the
list of equipment that are not considered to be storage vessels under
the definition of ``storage vessel'' in subpart JJJ. This change
corresponds to the EPA's proposed change under which surge control
vessels and bottoms receivers would be subject to the requirements of
subpart H, to be consistent with the approach taken in subpart U, with
regard to how it handles surge control vessels and bottoms receivers,
but this proposed change will not cause any change in the actual
control requirements for surge control vessels and bottoms receivers.
``Thermoplastic Product Process Unit (TPPU)''. The EPA is proposing
changes to this definition to resolve several concerns. Because the
terms ``pipes'' and ``ducts,'' which were used in the promulgated
version of this rule were undefined, the EPA has refined the
terminology, to use the terms ``hard-piping'' and ``duct work.'' The
proposed amendments now cross-reference the definitions of ``hard-
piping'' and ``duct work'' in Secs. 63.111 and 63.161, respectively.
New language has also been added to clarify that utilities and other
non-process lines are not considered to be part of the TPPU.
E. Emission Standards--Proposed Changes to Secs. 63.483 and 63.1313
Sections 63.483(b) and 63.1313(b). The text that is proposed to be
added at Secs. 63.483(b) and 63.1313(b) is based on the amended HON
text in Sec. 63.112(e)(3). The proposed revisions to Secs. 63.483 and
63.1313 offer guidance to owners and operators on how to handle
combined emission streams from any variety of sources. The main
difference between the amended HON text at Sec. 63.112(e)(3) and the
proposed text for Secs. 63.483(b) and 63.1313(b) is that the text
proposed in this notice includes specific provisions pertaining to
instances in which the combined emission streams include streams from
continuous process vents and batch process vents, or batch process
vents but not continuous process vents.
As noted above, these provisions offer guidance on how to comply
for combined streams from different types of emission points. With the
exception of combined streams containing batch process vent streams,
the options are to comply with the individual requirements for each
type of emission stream in the combined stream, or to comply with the
most stringent requirement for any stream in the combined stream. The
requirements are listed in order of stringency as follows: (1) Group 1
continuous process vent requirements, (2) Group 1 storage vessel
requirements, (3) waste management unit control requirements, (4)
closed vent system control requirements for in-process equipment, and
(5) aggregate batch vent stream requirements.
Due to the unique nature of batch unit operations, this approach is
not used for combined streams containing batch process vent streams but
no continuous process vent streams. Except when combined with
continuous process vent streams, compliance must be demonstrated with
the batch process vent requirements in Secs. 63.486 through 63.492 and
Secs. 63.1321 through 63.1327 for the portion of the combined stream
from the batch process vent. If a batch process vent stream is combined
with a continuous process vent stream, compliance may be achieved by
complying with the Group 1 continuous process vent requirements.
Because the first ``applicable'' set of requirements listed under
proposed Secs. 63.483(b)(2) and 63.1313(b)(2) for a combined stream
containing both continuous and batch process vent streams is the set of
requirements for continuous process vents (in Secs. 63.485 and
63.1315), a combined stream containing both types of streams would be
subject to the proposed requirements in Secs. 63.485(o) and
63.1315(a)(13), which list the requirements for such a combined stream.
Sections 63.483(c) and 63.1313(c). The EPA is proposing to make
small edits to these paragraphs, to incorporate terminology changes
related to the amended HON wastewater provisions, and to clarify that
restrictions related to which emission points may be included in an
emissions average are discussed in a different section of the rule
(i.e., Secs. 63.503(a)(1) and 63.1332(a)(1)).
F. Storage Vessel Provisions--Proposed Changes to Secs. 63.484 and
63.1314
1. Changes Common to Polymers and Resins I and IV
Sections 63.484(g), (h), (m), (o), (p), and (q); and 63.1314(a)(5)
and (a)(6). The EPA is proposing minor wording changes to these
paragraphs to clarify the intent of the paragraphs and for the sake of
consistency between subpart U and subpart JJJ.
Sections 63.484(i), 63.1314(a)(7), and Promulgated 63.1314(a)(15).
The EPA has realized that promulgated Sec. 63.1314(a)(15) contradicted
promulgated Sec. 63.1314(a)(7), and so proposes to remove the paragraph
promulgated as Sec. 63.1314(a)(15). In addition, the EPA is proposing
to edit Secs. 63.484(i) and 63.1314(a)(7) to state that if a
performance test is required in or acceptable under the continuous
process vent requirements, the batch process vent requirements, and/or
the wastewater provisions in subpart U or JJJ, that performance test
may also be used to show compliance with the storage vessel provisions
in Sec. 63.119(e), as required under Secs. 63.485 and 63.1315.
Sections 63.484(j) and 63.1314(a)(8). The EPA is proposing changes
to this paragraph to clarify the intent of the paragraph and avoid
overlap with other requirements in subparts U and JJJ, and in subpart G
of the HON.
Sections 63.484(k) and (l) and 63.1314(a)(9) and (10). The EPA is
proposing to add these paragraphs to reflect a change to
Secs. 63.506(e)(5)(ii) and 63.1335(e)(5)(ii), clarifying the
differences in recordkeeping and reporting requirements for owners and
operators of storage vessels that are required to continuously monitor
storage vessel control device parameter levels, and those for owners
and operators that are not required to continuously monitor storage
vessel control device parameter levels.
Promulgated Secs. 63.484(n) and 63.1314(a)(12). The EPA is
proposing to remove these paragraphs with these amendments, because
they are no longer pertinent, due to the promulgated HON amendments.
Neither the Implementation Plan nor Sec. 63.151(c) are mentioned in the
amended sections of Secs. 63.119 through 63.123.
Sections 63.484(r) and 63.1314(a)(16). The proposed changes to
these paragraphs represent a correction and clarification with regard
to compliance dates for storage vessels, as they are referred to in the
HON (subpart G).
Sections 63.484(s) and 63.1314(a)(17). The EPA is proposing to add
these paragraphs because, in their promulgated form, both subpart U and
subpart JJJ referred to Sec. 63.11(b) for determining compliance with
the flare requirements. However, Sec. 63.11(b) did not actually require
a compliance demonstration. To remedy this situation, the EPA is
proposing to add a requirement to perform the compliance demonstration
for flares to Secs. 63.504(c) and 63.1333(e). The proposed paragraphs
to be added at Secs. 63.484(s) and 63.1314(a)(17) replace the HON
reference to Sec. 63.11(b) with a reference to the provisions in
Secs. 63.504(c) and 63.1333(e).
2. Changes Unique to Polymers and Resins I
Section 63.484(a). The EPA is proposing to amend this paragraph to
[[Page 11582]]
make the language parallel with that in Sec. 63.1314(a), to avoid
confusion due to unintended differences in the language in subpart JJJ
and the language in subpart U, and to update outdated cross-references.
Section 63.484(b)(2). The EPA is proposing to amend this paragraph
to clarify that storage vessels containing ``other'' latex products, as
the promulgated language stated, was intended to mean latex products
other than styrene-butadiene latex.
G. Continuous Process Vent Provisions--Proposed Changes to Secs. 63.485
and 63.1315
1. Changes Common to Polymers and Resins I and IV
Sections 63.485(a) and 63.1315(a). The proposed changes to these
two paragraphs are intended to make the language in Sec. 63.1315(a)
more consistent with the language in Sec. 63.485(a), and to clarify the
intended meaning of both paragraphs.
Sections 63.485(k) and 63.1315(a)(9). The EPA is proposing to
restructure these two paragraphs to more clearly express the parameter
monitoring requirements and reporting requirements associated with
continuous process vents.
Sections 63.485(l) and 63.1315(a)(10). The EPA is proposing several
changes to these paragraphs. In Secs. 63.485(l) and 63.1315(a)(10),
changes are being proposed that would make subparts U and JJJ more
consistent with the HON requirements for process vents (in Secs. 63.113
through 63.118). At promulgation, the EPA had inadvertently neglected
to include a provision in subparts U and JJJ that was similar to the
provision in Sec. 63.118(k). The proposed addition of paragraphs
Secs. 63.485(l)(5) and 63.1315(a)(10)(v) makes subparts U and JJJ
consistent with the HON by adding paragraphs that are parallel in
meaning to Sec. 63.118(k), which exempts owners and operators from the
requirement to submit a report of a process change in certain
situations (e.g., if the vent stream flow rate is recalculated as being
less than 0.005 standard cubic meter per minute). The EPA is also
requesting comments on the idea of incorporating a similar paragraph as
Sec. 63.1425(f)(7)(v) into subpart PPP, the Polyether Polyols
Production NESHAP.
In addition, as is explained more fully in Section R.1 below, the
EPA is proposing to remove the concept of submitting compliance
schedules throughout subparts U and JJJ. Accordingly, the EPA is
proposing to remove the promulgated requirement to submit compliance
schedules after process changes to continuous process vents, as
discussed in Secs. 63.485(l) and 63.1315(a)(10). The proposed
amendments to these sections simply require that a description of the
process change be submitted within 180 days after the process change is
made or with the next Periodic Report, whichever is later.
Sections 63.485(m) and (n); and 63.1315(a)(12) and (15). The EPA is
proposing to add these paragraphs to provide new exceptions from the
requirement to comply with the provisions in Secs. 63.113 through
63.118, due to new references contained in Secs. 63.113 through 63.118
(i.e., references to HON organic HAP tables, and references to HON
recordkeeping and reporting requirements), which are inappropriate for
subparts U and JJJ.
Sections 63.485(o) and (p); and 63.1315(a)(13) and (14). Under
Secs. 63.485(o) and (p) and 63.1315(a)(13) and (14), the EPA is
proposing to amend the requirements that were promulgated as
Secs. 63.485(m) and (n) and 63.1315(a)(10)(i) and (ii), to better
specify what is meant by ``maximum representative operating
conditions,'' and to clarify where (in the process) testing should be
done. The proposed paragraphs explain that maximum representative
operating conditions do not: (1) Include situations that would cause
damage to equipment; (2) necessitate that the owner or operator make
product that does not meet an existing specification for sale to a
customer; or (3) necessitate that the owner or operator make product in
excess of demand. The EPA is also proposing to add general performance
testing requirements that include these exceptions in Secs. 63.504(a)
and 63.1333(a), as will be discussed in greater detail in Section O.1.
below.
The EPA is also proposing to include regulatory language that
specifies the period of operations that must be considered when
calculating a TRE index value. The TRE index value must be calculated
during periods when one or more batch emission episodes are occurring
that result in the highest organic HAP emission rate (in the combined
vent stream that is being routed to the recovery device) that is
achievable during that 6 month period. For the purposes of determining
the batch emission episode that results in the highest HAP emission
rate, the owner or operator is limited to considering batch emission
episodes that occur during the 6-month period that begins 3 months
before and ends 3 months after the owner or operator conducts the TRE
index value calculation.
With this proposed rulemaking, the EPA has added specific
provisions for combined vent streams, in Secs. 63.485(o)(1), (3), (4),
and (p) and in 63.1315(a)(13)(i), (iii), (iv), and (a)(14). The
proposed amendments in Secs. 63.485(o)(1) and 63.1315(a)(13)(i) would
allow owners and operators of batch process vents or aggregate batch
vent streams that are combined with a Group 1 continuous process vent
stream prior to a control device to either comply with the provisions
in Secs. 63.113 through 63.118 for Group 1 process vents, or comply
with the provisions in Secs. 63.483(b)(1) and 63.1313(b)(1).
The proposed text that is contained in Secs. 63.485(p) and
63.1315(a)(14) pertains to a combined vent stream that is made up of a
stream from outside of the affected source and a continuous process
vent stream, if the two streams are normally conducted through the same
final recovery device.
Sections 63.485(u) and 63.1315(a)(17). The EPA is proposing the
addition of these paragraphs, so that it is clear that the proposed
performance test requirements for flares (contained in Secs. 63.504(c)
and 63.1333(e)) apply. The proposed language in Secs. 63.504(c) and
63.1333(e) specify the requirements from Sec. 63.11(b) that apply to
subpart U and JJJ affected sources. Section O.1. below provides further
rationale pertinent to this change.
Promulgated Secs. 63.485(s) and 63.1315(a)(14). The EPA is
proposing to remove these paragraphs, which are no longer needed,
because the same exemptions are allowed under Sec. 63.116(b), as
amended at promulgation.
2. Changes Unique to Polymers and Resins I
Section 63.485(a) through (j). The changes that the EPA is
proposing to these paragraphs are clarifications and cross-reference
updates. For example, in Sec. 63.485(f), the EPA is proposing to add
the parenthetical ``(i.e., the proposal date for subpart G of this
part),'' after ``December 31, 1992,'' in order to explain the
significance and origin of that particular date. The proposed version
of Sec. 63.481(f) states that when Sec. 63.113 refers to December 31,
1992, ``June 12, 1995'' (the proposal date of subpart U) will instead
apply to subpart U affected sources.
Proposed Sec. 63.485(q). Based on an analysis conducted on the
production of elastomers in gas-phased processes, the EPA reached three
primary conclusions that impact proposed Sec. 63.485(q). First, the
production of any elastomer product
[[Page 11583]]
produced in a gas-phased reaction process, as opposed to only the
production of ethylene propylene rubber, should be exempt from the
requirements to control hydrogen halides and halogens from outlet
combustion devices. This change is addressed in the proposed amendments
to Sec. 63.485(q)(2). Second, the production of elastomer products in a
gas-phased reaction process should be treated as a separate
subcategory, as there are technical differences impacting HAP emissions
and emission control devices between the gas-phased reaction process
and other elastomer production processes.
Finally, the EPA determined that the exemption from the requirement
to control halogens from the outlet of control devices at gas-phased
reaction elastomer production processes represented the MACT floor
level of control for new and existing sources (see Docket item no. XX-
XX-XX, Docket Number A-92-44, for more information). The EPA also
evaluated the more stringent option of requiring the control of
halogens from the outlet of control devices, and found that the costs
per unit of HAP emission reduction (i.e., cost effectiveness) of this
option were higher than generally considered reasonable by the EPA.
Therefore, Sec. 63.485(q) has been restructured to incorporate these
decisions.
Proposed Sec. 63.485(r) and (t). The EPA is proposing minor
wording, cross-reference, and clarifying changes to these paragraphs.
Proposed Sec. 63.485(s)(3) through (s)(6). The EPA is proposing a
change to this paragraph that clarifies that the internal combustion
engine must be running at all times when organic HAP emissions are
being routed to it. The promulgated paragraph described the monitoring
requirements when using an internal combustion engine as a control
device for a continuous front-end process vent, but did not describe
the compliance requirements for that situation.
3. Changes Unique to Polymers and Resins IV
Section 63.1315(e). The EPA is proposing to add this paragraph to
implement requirements for acrylonitrile butadiene styrene resin/alpha
methyl styrene acrylonitrile resin (ASA/AMSAN) affected sources. These
requirements were discussed in the preambles to the proposed and
promulgated rules but were inadvertently omitted from the regulatory
text. This paragraph requires that owners or operators reduce organic
HAP emissions from each continuous process vent, each batch process
vent, and each aggregate batch vent stream by 98 weight-percent.
H. PET and Polystyrene Affected Sources--Secs. 63.1316 Through 63.1320
(Polymers and Resins IV Only)
The proposed amendments contain four fundamental changes to the
provisions for temperature limits for final condensers. First, the
proposed amendments change the temperature limit for final condensers
from a parameter monitoring type of limit to an emission limit (i.e.,
violations of the temperature limit are violations of the emission
limitation, not violations of a monitoring limit). Second, the proposed
amendments remove requirements for an initial performance test and
parameter monitoring of the condenser outlet temperature and require
continuous compliance with the daily average temperature for the
condenser outlet. Third, the 6 deg.C (10 deg.F) window that allowed the
average temperature to be 6 deg.C (10 deg.F) warmer than the specified
emission limit has been removed. Fourth, the averaging period has been
changed from a 3-hour period to a 24-hour period. The paragraphs below
describe these and other changes (and the EPA's rationale for those
changes) to the provisions contained in Secs. 63.1316 through 63.1320.
Section 63.1316(a). Poly(ethylene terephthalate) resin (PET) and
polystyrene affected sources are considered to be either batch or
continuous processes. An affected source is defined as batch or
continuous based on the mode of the reactors. That is, if the reactor
is operated in a batch mode, then the entire process is classified as a
batch process, even if there are continuous unit operations elsewhere
within the process unit. The proposed language in Sec. 63.1316(a) is
intended to clarify two points. First, Secs. 63.1316 through 63.1320
are only applicable to process vents at affected sources producing PET
and polystyrene in continuous processes (i.e., a process where the
reactors are operated in a continuous mode). Second, the proposed
revision clarifies that affected sources producing either PET or
polystyrene using a batch process (i.e., a process where the reactors
are operated in a batch mode) are to comply with the provisions in
Sec. 63.1315 for process vents from continuous unit operations within
the process and the provisions in Secs. 63.1321 through 63.1327 for
process vents from batch unit operations within the process.
As part of these changes, the phrase ``continuous process'' has
been removed from the titles for Secs. 63.1316 through 63.1320. The EPA
judged that inclusion of this phrase could mislead readers to believe
that there was a corresponding set of provisions that addressed PET and
polystyrene affected sources using a batch process. The changes
discussed above indicate that affected sources using a continuous
process and those using a batch process are addressed by these
provisions (i.e., Secs. 63.1316 through 63.1320).
Section 63.1316(b) and (c). The proposed language in these
paragraphs is intended to clarify that compliance with 40 CFR, subpart
DDD, is not a violation, but that compliance with subpart JJJ is
required. Another clarifying change that the EPA is proposing is to
replace the phrase ``each owner or operator'' with the phrase ``the
owner or operator,'' (or an equivalent phrase) to eliminate the
possible misinterpretation that more than one owner or operator at a
single affected source would have to illustrate compliance with the
requirements of subpart JJJ. A similar change is being proposed in
various places throughout both subparts U and JJJ.
Section 63.1316(b)(1)(i). This paragraph was reorganized and
rewritten to clarify the intended meaning. In addition, a reference to
Sec. 63.1318(b) was added to improve the clarity of this paragraph.
Section 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), and
(c)(1)(i). The proposed language in these paragraphs is intended to
clarify that an owner or operator may either meet the specified
emission limit for each individual process section (e.g., material
recovery section or polymerization reaction section) independently or
may meet the specified emission limit for the collection of that type
of process section (e.g., material recovery section or polymerization
reaction section) within the affected source (as a group).
Section 63.1316(b)(1)(i)(B) and (c)(1)(ii). The proposed language
in these paragraphs specifies that the averaging period for the
temperature limit is a 24-hour period. The promulgated paragraph was
not specific, but a 3-hour averaging period was implied. The EPA has
determined that a 3-hour averaging period is inconsistent with other
provisions of the rule which require compliance on a daily average
basis. The EPA has judged that adding to the consistency of the
provisions by having 24-hour averaging periods throughout the rule will
benefit both the Agency and the regulated community. The EPA believes
that little loss in stringency will result from changing from a 3-hour
averaging period to a daily (i.e., 24 hour) average.
[[Page 11584]]
The EPA is also proposing to add a citation to Sec. 63.1318(d), in
order to clarify that the daily average shall be maintained according
to the provisions of Sec. 63.1318(d). The proposed provisions in
Sec. 63.1318(d) reference other proposed provisions in subpart JJJ that
specify how the daily average is to be determined, and that clarify
that values recorded during periods of start-up, shutdown, and
malfunction are not to be included in the determination of the daily
average.
Section 63.1316(b)(1)(iii), (b)(1)(iv), (b)(2)(iii), (b)(2)(iv),
(c)(1), and (c)(3). These paragraphs were reorganized and rewritten to
clarify the intended meaning.
Section 63.1316(c)(1)(iii)(A). The EPA is proposing to amend the
language in Sec. 63.1316(c)(1)(iii)(A), which, as promulgated, provides
owners and operators of polystyrene affected sources with the option of
reducing emissions from continuous process vents in the collection of
material recovery sections by 98 weight percent or to an outlet
concentration of 20 parts per million by volume. The proposed amendment
clarifies that the use of a combustion device (including, but not
limited to, thermal incinerators, catalytic incinerators, boilers, or
process heaters) is required when choosing this compliance option. The
regulation as promulgated already provided an owner or operator with
the flexibility to use any type of efficient recovery device to comply
with Sec. 63.1316(c)(1)(i). Unless the proposed clarifying amendment to
Sec. 63.1316(c)(1)(iii)(A) is made to specify that the 98 percent/20
ppmv option must be met using combustion devices only, this option
could inappropriately be used to demonstrate compliance through the use
of relatively inefficient recovery devices, since the inlet location
for performance testing is not specified.
Section 63.1317. The proposed language in this section changes the
requirements for monitoring the condenser exit temperature from a 3-
hour averaging period to a daily (i.e., 24-hour average). This change
is accomplished by removing promulgated paragraph (b). This section, as
proposed, references the monitoring provisions for continuous process
vents which are being proposed to specify that monitoring averages are
based on a 24-hour averaging period.
Section 63.1317, 63.1318(a), 63.1319(a), and 63.1320(a). The
proposed language in these paragraphs is intended to clarify that the
references to group determinations and TRE determinations do not apply
to owners and operators under these paragraphs.
Section 63.1318(b)(1)(i). The proposed language in this paragraph
is intended to clarify that the location of the sampling point to be
used for determining the mass emission rate is after the last recovery
or control device.
Section 63.1318(d). The proposed language in this section changes
the requirements for demonstrating compliance with the temperature
limits for final condensers. The promulgated rule required a
performance test to demonstrate initial compliance and required
monitoring of the condenser outlet temperature using a 3-hour averaging
period. An exceedance of the temperature limit was considered to be an
exceedance of the monitoring provisions (similar to having a daily
average that was above the maximum or below the minimum level for
parameter monitoring). The promulgated rule also provided a 6 deg.C
(10 deg.F) window that allowed the 3-hour average to be 6 deg.C
(10 deg.F) warmer than the specified emission limit. The EPA is
proposing to eliminate these three concepts with these amendments, for
the reasons explained below.
The provisions in Secs. 63.1316 through 63.1320 are based on the
provisions from the Standards of Performance for VOC Emissions from the
Polymers Manufacturing Industry (40 CFR part 60, subpart DDD). At
initial proposal and promulgation of subpart JJJ of this part, the EPA
made an error in incorporating the Standards of Performance for VOC
Emissions from the Polymers Manufacturing Industry, and the proposed
changes in these amendments are meant to correct that error. The
Standards of Performance for VOC Emissions from the Polymers
Manufacturing Industry specify that the condenser temperature limit is
an emission limitation, in that a 3-hour average temperature greater
than the specified temperature limit is a violation of the emission
limit. In the promulgated rule, the EPA mistakenly required monitoring
(in Sec. 63.1318(d)(1)) that more closely paralleled the parameter
monitoring required in Sec. 63.1334 than it paralleled the Standards of
Performance for VOC Emissions from the Polymers Manufacturing Industry.
The Standards of Performance for VOC Emissions from the Polymers
Manufacturing Industry do not require a performance test or
establishment of a monitoring level because the condenser temperature
limit is an emission limit. The Standards of Performance for VOC
Emissions from the Polymers Manufacturing Industry also do not allow
for the 6 deg.C (10 deg. F) temperature window that subpart JJJ allowed
(by allowing the 3-hour average to be 6 deg.C (10 deg.F) warmer than
the specified emission limitation). A temperature window is included in
the Standards of Performance for VOC Emissions from the Polymers
Manufacturing Industry, but it applies only when an owner or operator
is using a condenser as a control device to meet a percent reduction
requirement. Because the Standards of Performance for VOC Emissions
from the Polymers Manufacturing Industry level of control was found to
be the MACT floor, the changes described above make the provisions in
Secs. 63.1316 through 63.1320 consistent with the MACT floor.
Finally, the EPA is also proposing to change the continuous
compliance demonstration averaging period from a 3-hour period to a 24-
hour period in Sec. 63.1318(d). As previously discussed in this
preamble, the EPA is proposing this change to be consistent with other
provisions of the rule which require compliance on a daily average
basis.
Section 63.1319(b). The proposed changes to Sec. 63.1319(b) are
intended to clarify that this paragraph applies only to owners or
operators complying with Sec. 63.1316(b)(1)(i) (i.e., demonstrating
that emissions are less than 0.12 kilogram of organic HAP per megagram
of product at existing affected sources producing PET using a
continuous dimethyl terephthalate process). The EPA is also proposing
to remove Sec. 63.1319(b)(2) of Sec. 63.1319 and to renumber
Sec. 63.1319(b)(2)(ii) as Sec. 63.1319(b)(2) as part of this change.
The proposed language in this paragraph also removes the
requirement to record a list of each process variable change that may
result in an increase in the mass emissions per mass product. The EPA
believes that such a requirement is burdensome and unnecessary for
subpart JJJ because, if changes are made that would increase mass
emissions per mass product, those changes would qualify as process
changes, and process changes are addressed in other sections of the
rule (see 63.1310(i)(4)). Another proposed change to Sec. 63.1319(b) is
that the qualifying phrase ``up-to-date and readily accessible'' has
been removed from the requirement to keep records. This qualifying
phrase was redundant with the requirements of Sec. 63.1335(d).
Section 63.1319(c). The proposed changes in Sec. 63.1319(c)
correspond to the proposed changes in Sec. 63.1318(d) (described
above). The proposed changes state that, instead of keeping records of
monitoring data for each 3-hour averaging period (promulgated paragraph
(c)(1)) and records of the initial performance test (promulgated
[[Page 11585]]
paragraph (c)(2)), the owner or operator shall keep records of the
daily averages demonstrating continuous compliance.
Section 63.1320(b). The EPA is proposing to insert a parenthetical
phrase, to improve the clarity of this paragraph.
Section 63.1320(b)(1) and (2). The proposed language in these
paragraphs has been changed to reflect the changes made to
Sec. 63.1319(b).
Section 63.1320(b)(3). The proposed change to Sec. 63.1320(b)(3)
removes the requirement to submit a schedule for compliance, for the
reasons laid out in section R.1 of this preamble.
Section 63.1320(c). The promulgated paragraph contained reporting
requirements for affected sources complying with the temperature limit
for final condensers based on the promulgated requirements for a
performance test and parameter monitoring. The requirements of this
paragraph are no longer applicable, and the EPA is proposing to
``reserve'' this paragraph.
I. Batch Process Vents--Proposed Changes to Secs. 3.486 Through 63.492
and 63.1321 through 63.1327
1. Changes Common to Polymers and Resins I and IV
The proposed amendments contain changes to two fundamental parts of
the batch process vent provisions: (1) the group determination
procedures and (2) the batch cycle limitation. A brief outline of and
rationale for the proposed amendments to the batch process vent
provisions is provided below. In addition, the EPA is requesting
comments, with this notice, on the EPA's intention of including similar
revisions to rules modeled after the Polymers and Resins rules and/or
rules that refer to the batch process vent provisions in the Polymers
and Resins rules (e.g., the National Emission Standards for Hazardous
Air Pollutants for Polyether Polyols Production, part 63, subpart PPP).
Batch Process Vent Group Determination. According to the proposed
amendments, for each batch process vent the owner or operator must
determine group status based on either (1) the expected mix of
``products'' (using the highest-HAP recipe for each product, including
non-elastomer and non-thermoplastic products), or (2) annualized
production of the single ``highest-HAP recipe'' considering all recipes
for all products (including non-elastomer and non-thermoplastic
products). The primary changes from the promulgated rules are that the
proposed amendments clarify that all products (e.g., non-elastomer and
non-thermoplastic products in addition to elastomer and thermoplastic
products) are to be considered when the owner or operator is using
either the expected mix of products or the single highest-HAP recipe
option, and that the concept of ``worst-case HAP emitting product'' has
been replaced with the concept of the ``highest-HAP recipe'' for a
particular product or amongst a group of products.
If the expected mix option is selected for the batch process vent
group determination, the emissions used for the group determination
must be emissions when producing the highest-HAP recipe for each
product in the expected mix of products produced by the affected
source. If the single highest-HAP recipe option is selected for the
batch process vent group determination, the determination is based on
emissions from the annualized production of the highest-HAP recipe
considering all products.
Important definitions to be added to clarify these requirements
include the definitions for ``highest-HAP recipe'' and ``recipe''.
``Recipe'' is defined as a specific composition, from among the range
of possible compositions that might occur within a product, and is
determined by the proportions of monomers and, if present, other
reactants and additives that are used to make the recipe. ``Highest-HAP
recipe'' is the recipe with the highest total mass of HAP charged to
the reactor. The EPA believes that determining the ``highest-HAP
recipe'' is less difficult and burdensome than determining ``worst-case
HAP emitting product,'' as was required at promulgation of subparts U
and JJJ.
The concept of recipe has been added to distinguish between a
``recipe'' and the intended meaning of the term ``product.'' After the
promulgation of subparts U and JJJ, some industry representatives
interpreted the term ``product'' to mean the multiple variations of a
given type of elastomer or thermoplastic. For example, a company may
produce as many as 100 variations of styrene butadiene latex, where the
variations could occur due to relatively minor changes (i.e., the type
or amount of catalysts or additives, the ratio of monomers, etc). Some
owners and operators interpreted the promulgated rules to mean that
each of the 100 variations would be a different product. However, in
the promulgated rule, it was the EPA's intent that owners and operators
consider each of these 100 variations of styrene butadiene latex to be
the same ``product.'' A revised definition of ``product'' has been
included in today's proposal, in order to avoid any further confusion.
The addition of the concept of ``recipe'' should further clarify the
intent of the rule, and address the disconnect between the intended
meaning of the term ``product'' and industry's interpretation of the
term.
The EPA has determined that the promulgated process of first
estimating emissions for all products produced in a unit operation, and
then basing the group determination on the ``worst-case HAP emitting
product'' at each individual emission point was unnecessarily
burdensome. The EPA has concluded that, for a given product, the amount
of HAP emitted is closely related to the amount of HAP charged to the
reactor. Therefore, the EPA believes that the amount of HAP charged to
the reactor is an acceptable surrogate for HAP emissions when selecting
the recipe to use when performing the batch process vent group
determination procedures. For batch process vents other than those at
the reactor, the same recipe that was determined to be the ``highest-
HAP'' recipe at the reactor is to be used when performing the group
determination.
Requiring the use of the highest-HAP recipe when estimating
emissions for the purposes of the group determination (instead of the
``worst-case HAP emitting product'') simplifies the group determination
procedures, because an owner or operator is not required to make
repetitive emission estimates to determine which product type to use
when performing the group determination procedures. Instead, the
revised procedures allow selection of the appropriate recipe for the
purposes of the group determination based on the mass of HAP charged to
the reactor, which is an objective characteristic of the recipe that is
known by the owner or operator. Once the highest-HAP recipe is
determined, the annual emissions for that recipe alone need to be
determined and used in the batch process vent group determination
procedures.
Batch Mass Input Limitation (formerly ``Batch Cycle Limitation'').
The first major change that the EPA is proposing to the batch cycle
limitation concept is that the units have changed from ``number of
batches'' to ``mass input.'' The limitation for Group 2 batch process
vents is no longer based on the number of batch ``cycles'' for the
batch unit operation, but is now based on the total mass of HAP charged
to the reactor or the total mass of material charged to other batch
unit operations. Therefore, the name batch ``cycle'' limitation is no
longer accurate. The EPA is proposing
[[Page 11586]]
to change the name of this limitation to ``batch mass input
limitation.''
The purpose of the promulgated ``batch cycle limitation'' was to
ensure that either the Group 2 batch process vent would not have annual
emissions greater than 11,800 kg/yr, or that the Group 2 batch process
vent would not have an annual average batch vent flow rate that
exceeded its cutoff flow rate. In other words, the promulgated ``batch
cycle limitation'' was intended to monitor an easily determined
parameter (i.e., the number of batch cycles run) to verify that the
vent did not become Group 1.
While the proposed change does not affect the purpose of the
limitation (to verify that the vent does not become Group 1), it does
change the basis of the limitation to a parameter that is more directly
related to HAP emissions. The proposed change allows a certain amount
of flexibility to owners or operators, so that they may implement
manufacturing changes that may affect the number of batch cycles
without affecting HAP emissions. Under the proposed amendments, larger
batches or a larger number of batches may be used to produce an
increased amount of product, as long as the total mass of HAP input to
the reactor (or total mass of material input to other batch unit
operations) does not increase beyond the established limitation. This
not only allows owners and operators more operating flexibility, but
produces an incentive to develop more efficient production methods.
Under the proposed amendments, the facility must determine the
batch mass input limitation for each vent based on either (1) the
expected mix of products (using the highest-HAP recipe for each
product, and including non-elastomer products and non-thermoplastic
products), or (2) annualized production of the single highest-HAP
recipe considering all recipes for all products. The approach used to
determine the batch mass input limitation must be the same one used in
the group determination (described above), since the batch mass input
limitation is intended to be a gauge for possible group changes. The
emissions used when determining the batch mass input limitation for
each Group 2 batch process vent must be calculated using the highest-
HAP recipe for each product, if the expected mix of products option is
selected, or the highest-HAP recipe considering all the recipes for all
of the products, if the annualized production of the single highest-HAP
recipe option is selected. The owner or operator must report the batch
mass input limitation, keep records of the calculations, monitor the
mass of HAP or material fed to the batch unit operation, and report the
total mass of material fed to the batch unit operation each year.
There is one exemption from the proposed batch mass input
limitation provisions: if the vent is Group 2 at the maximum design
capacity of the process unit, then the owner or operator is exempt from
the requirement to calculate a batch mass input limitation for that
batch process vent (see Secs. 63.487(h) and 63.1322(h)). The EPA is
requesting comments on whether or not the ``maximum design capacity''
of a batch process vent is a readily definable parameter for these
industries.
As opposed to the preceding explanations of proposed conceptual
changes in the batch process vent requirements, the paragraphs below
discuss changes to individual paragraphs or sets of paragraphs.
Sections 63.487(a)(1)(i) & (b)(1)(i), 63.1322(a)(1)(i) & (b)(1)(i),
63.491(b)(3)(ii), and 63.1326(b)(3)(ii). Flare requirements have been
added to Secs. 63.504(c) and 63.1333(e), to make it clear that a
compliance demonstration for flares must be conducted using the
provisions found in Sec. 63.11(b), as will be explained further in
Section O.1. of this preamble. Therefore, the EPA is proposing to
change the reference in Secs. 63.487(a)(1)(i) and (b)(1)(i) and
63.1322(a)(1)(i) and (b)(1)(i), and in Secs. 63.491(b)(3)(ii) and
63.1326(b)(3)(ii) to refer owners and operators to the proposed
paragraphs in Secs. 63.504(c) and 63.1333(e).
Sections 63.487(b)(2) and 63.1322(b)(2). The EPA is proposing to
add an alternative performance standard limit of 20 parts per million
by volume (ppmv) for noncombustion control devices used to comply with
the aggregate batch vent stream provisions in subparts U and JJJ. This
option would be in addition to the present performance standard of 90
weight percent organic HAP reduction for each aggregate batch vent
stream on a continuous basis. The addition of this lower bound
concentration to the performance standard (Secs. 63.487(b)(2) and
63.1322(b)(2)) will encourage the use of recovery devices, will allow
for reuse of materials, and will remove an inequity between
requirements for different types of control equipment. The EPA believes
that dilution should not be a concern under the proposed amendments,
because under most conditions there would not be significant amounts of
dilution air in the aggregate batch vent stream, and that any attempts
to circumvent the requirement through dilution could be easily
detected. The EPA is proposing this change to the rule to provide a
lower bound concentration level for use in cost effective design of
control devices.
Sections 63.487(c)(1) and 63.1322(c)(1). The EPA is proposing to
change the requirement to reduce ``overall emissions of hydrogen
halides and halogens by 99 percent,'' to a requirement to reduce
``overall emissions of hydrogen halides and halogens by at least 99
percent,'' (emphasis added). There was some concern that the
promulgated language could be misunderstood to mean that emission
reductions greater than 99 percent would not be acceptable, and the
proposed clarification is intended to eliminate such an interpretation
of subparts U and JJJ. In addition, the EPA is proposing to replace the
term ``control device'' when discussing the reduction of halogen
emissions with the more precise term ``halogen reduction device,'' as
appropriate, throughout subparts U and JJJ.
Sections 63.487(e) and 63.1322(e). The EPA is proposing to modify
the structure of Secs. 63.487(e) and 63.1322(e) to clarify the
requirements when a batch process vent or aggregate batch vent stream
is combined with a continuous process vent. The basic intent of these
provisions has not changed from the promulgated rule, but the EPA
believes that the proposed changes clarify this intent, which is
briefly summarized below. If a batch process vent/aggregate batch vent
stream is combined with a Group 1 continuous process vent prior to
being routed to a combustion device, the combined vent stream is
required to comply with the requirements for a Group 1 continuous vent.
There are special conditions specified in Secs. 63.485(o) and
63.1325(a)(13) for when performance tests are to be performed in this
situation. If a batch process vent/aggregate batch vent stream is
combined with a continuous process vent prior to being routed to a
recovery device (i.e., before the group determination of the continuous
process vent has been made), Secs. 63.487(e)(1)(i) and
63.1322(e)(1)(iii) refer the owner or operator to Secs. 63.485(o)(2) or
63.1325(a)(13)(ii), which specify how group determinations are
conducted in this situation.
Finally, Secs. 63.487(e)(2) and 63.1322(e)(2) specify the
requirements when a batch process vent/aggregate batch vent stream is
combined with a Group 2 continuous process vent. In this situation, the
owner or operator is required to determine the group status of the
batch process vent/aggregate batch vent stream prior to the
[[Page 11587]]
combination with the continuous vent and comply with the aggregate
batch vent stream provisions in subparts U and JJJ, in accordance with
the proposed paragraph at Secs. 63.487(e)(2) and 63.1322(e)(2).
Sections 63.487(f) and (g) and 63.1322(f) and (g). These paragraphs
reflect changes related to the batch mass input limitation discussed
earlier in this section. The EPA is also proposing to add a provision
which allows the owner or operator of a Group 2 batch process vent that
is subject to Secs. 63.487(f) and (g) or 63.1322(f) and (g) to comply
with the requirements for Group 1 batch process vents, instead of
establishing a batch mass input limitation.
Sections 63.487(h) and 63.1322(h). The EPA is proposing to add
these provisions, which would exempt owners and operators of Group 2
batch process vents from the requirement to establish a batch mass
input limitation if the emissions for the single highest-HAP recipe
were used in the group determination, and, during the group
determination, the owner or operator used the assumption that the batch
unit operation would be operating at maximum design capacity of the
EPPU for 12 months (and the results of the group determination were
that the batch process vent was Group 2).
Sections 63.488(a)(1) and 63.1323(a)(1). The EPA is proposing to
revise these paragraphs to reflect changes related to the group
determination procedures (specifically, replacement of the worst-case
HAP-emitting product with the highest-HAP recipe concept, discussed
earlier in this section). In addition, the EPA is proposing several
small clarifying changes.
Sections 63.488(b) and 63.1323(b). The EPA is proposing to amend
and restructure this paragraph, to clarify (1) how to estimate
emissions, (2) when it is appropriate to use the emission estimation
equations, and (3) when it is acceptable to use other methods of
estimating emissions. The EPA is also proposing text that clarifies
that all standard reference will be permissible for obtaining
individual component vapor pressure and molecular weights. Finally, the
EPA is proposing to move regulatory language from promulgated
Secs. 63.488(b) and 63.1323(b) to proposed Secs. 63.488(b)(9) and
63.1323(b)(9), respectively. The regulatory language that the EPA is
proposing to move clarifies when it is appropriate to use Henry's Law
or Raoult's Law to determine partial pressure, and is a distinct topic,
best set off from the remainder of the main paragraph (b).
Sections 63.488(b)(1) through (b)(5), and 63.1323(b)(1) through
(b)(5). The EPA is proposing a variety of clarifying language changes
and cross-referencing corrections in these paragraphs.
Sections 63.488(b)(6) and 63.1323(b)(6). The provisions proposed
under Secs. 63.488(b)(6) and 63.1323(b)(6) clarify when it is
acceptable for the owner or operator to use engineering assessment to
estimate emissions from a batch emissions episode. At promulgation,
Secs. 63.488(b)(6)(ii) and 63.1323(b)(6)(ii) specified only that the
emissions estimation equations would be considered inappropriate (thus
allowing engineering assessment) if previous test data were available
that showed a greater than 20 percent discrepancy between the test
value and the estimated value, or if the owner or operator could
demonstrate to the Administrator that the emissions estimations
equations were inappropriate through ``any other means.'' The EPA
believes that clearer guidance is warranted; therefore, the new
paragraphs proposed as Secs. 63.488(b)(6)(i)(A) through (C) and
63.1323(b)(6)(i)(A) through (C) provide clearer guidelines for
determining when engineering assessment may be used in the place of the
emissions estimation equations to estimate emissions from a batch
emissions episode. For instance, under these proposed amendments, the
owner or operator may use engineering assessment to estimate emissions
from a batch emission episode if previous test data show more than a 20
percent discrepancy between the test value and the value estimated
through use of the equations in Secs. 63.488(b)(1) through (b)(4) or
63.1323(b)(1) through (b)(4). In addition, the text specifying the
related reporting requirements was clarified.
Sections 63.488(d) and 63.1323(d). The EPA is proposing to clarify
that the annual emissions being considered under these paragraphs are
the annual emissions of total organic chemical (TOC) or organic HAP,
and to clarify where and how annual emissions are determined (by cross-
referencing the paragraphs that specify the correct procedures for
determining annual emissions).
Sections 63.488(e), (g), and (h), and 63.1323(e), (g), and (h). As
described in more detail above in the ``Definitions'' section, the EPA
is proposing to replace the promulgated terms ``average flow rate'' and
``annual average flow rate'' with the terms ``average batch vent flow
rate'' and ``annual average batch vent flow rate,'' throughout subparts
U and JJJ, and is proposing definitions for these new terms. The new
terms are used throughout Secs. 63.488(e), (g), and (h), and
63.1323(e), (g), and (h), as well as in other appropriate places in the
batch process vent provisions. Similarly, as described above, the EPA
is proposing to define ``annual average concentration'' and ``annual
average batch vent concentration'' separately in these amendments, and
the new terminology is reflected in the proposed changes to
Secs. 63.488(e), (g), and (h), and 63.1323(e), (g), and (h).
Sections 63.488(i) and 63.1323(i). The EPA is proposing to add text
to Secs. 63.488(i)(1) and 63.1323(i)(1) that will help the owner or
operator in distinguishing between events that are considered ``process
changes'' and those that are not. The EPA is also proposing to add text
that would clarify what is required once an owner or operator has
determined that a process change has, or has not, occurred (e.g.,
redetermining the batch mass input limitation, and reporting the new
batch mass input limitation, if appropriate). A provision stating that
(for Group 2 batch process vents) changes that would reduce the batch
mass input limitation are considered to be process changes, is also
proposed to be added to Secs. 63.488(i) and 63.1323(i). In addition,
the EPA is proposing to add a provision in Secs. 63.483(i)(1)(i) and
63.1313(i)(1)(i), stating that only changes that increase (as opposed
to decrease) production capacity or production rate will be considered
to be process changes. The proposed paragraphs Secs. 63.488(i)(1)(ii)
and (iii) and 63.1323(i)(1)(ii) and (iii) provide more specific
examples of what would be considered to be a process change at a batch
process vent, under these proposed amendments.
As mentioned above and explained more fully in Section R.1, the EPA
is proposing to remove the concept of submitting compliance schedules
throughout subparts U and JJJ. Accordingly, the EPA is proposing to
remove the promulgated requirement to submit compliance schedules after
process changes have been made to batch process vents, as discussed in
Secs. 63.488(i)(3)(i) and (ii), 63.1323(i)(3)(i) and (ii), and
63.492(b) and 63.1323(b).
Sections 63.489 and 63.1324. For the sake of clarity, the EPA is
proposing to change the title of this section from ``Batch (front-end)
process vents--monitoring requirements'' to ``Batch (front-end) process
vents--monitoring equipment''. The section does not uniquely specify
monitoring ``requirements'' so much as it discusses the requirements
for different types of monitoring equipment.
Sections 63.489(a) and 63.1324(a). The proposed amendments to
Secs. 63.489(a) and 63.1324(a) incorporate
[[Page 11588]]
changes that originated in the HON amendments (Sec. 63.114(a)), and
which are intended to clarify how monitoring equipment are to be
operated if ``manufacturer's specifications'' do not exist or are not
available. The proposed edits to Secs. 63.489(a)(2) and 63.1324(a)(2)
represent a clarification, specifying that it is the daily average of
the monitored parameters that must remain above or below (as
appropriate) the parameter monitoring level. The proposed changes also
clarify that where exceptions (such as excused excursions) apply, the
owner or operator is not in violation of the standard.
Sections 63.489(b) and 63.1324(c). The subheading of this paragraph
contains a proposed change that would clarify that this paragraph
addresses monitoring equipment for which parameters must be
established, rather than providing specific monitoring parameters. The
EPA is also proposing to replace the term ``flow meter'' with the more
precise term ``flow measurement device,'' in Secs. 63.489(b)(4)(ii) and
63.1324(c)(4)(ii) and in other places throughout subparts U and JJJ.
The EPA is also proposing to add procedures for determining gas stream
flow which parallel the amended HON text (Sec. 63.114(a)(4)(ii)(A)
through (C)), in Secs. 63.489(b)(4)(ii)(A) through (C) and
63.1324(c)(4)(ii)(A) through (C).
The proposed addition of Secs. 63.489(b)(4)(ii)(A) through (C) and
63.1324(c)(4)(ii)(A) through (C) would constitute a correction to the
requirements for continuous monitoring of gas flow entering an acid gas
scrubber. In the promulgated rules, when a scrubber was used after a
combustion device for halogenated streams, the owner or operator was
required to use a flow meter with a continuous recorder at the scrubber
inlet to measure gas flow. The EPA later received information that
demonstrated that continuous monitoring of this acid gas stream would
be impractical, due to the harsh conditions at the scrubber inlet. A
continuous monitoring device would be expected to have a very short
service life due to the combination of high temperature and
corrosivity/low pH. Thus, it would be extremely costly for owners and
operators to comply with the promulgated requirement for continuous
monitoring of gas stream flow.
Therefore, the EPA is proposing to allow three different options
for determining gas flow. Each of these options would provide
sufficient data to determine a liquid/gas (L/G) ratio for use in
monitoring operation of the acid gas scrubber.
The first option being proposed would allow owners or operators to
determine gas flow to the scrubber by using the design blower capacity,
with appropriate adjustments for pressure drop. This would provide a
``worst case'' gas flow. If the required compliance demonstration
showed that a scrubber could meet the emission reduction requirements
for hydrogen halides and halogens during these worst case flow
conditions, the EPA anticipates that compliance would also be achieved
during conditions of lower gas flow.
In the second proposed option, the EPA recognizes that some post-
combustion scrubbers, regulated under RCRA requirements, are already
required to determine an L/G ratio to demonstrate compliance with
emission reduction requirements. The EPA is proposing that methods of
determining gas flow which have been utilized to comply with pre-
existing RCRA regulations should also be acceptable for the purposes of
subparts U and JJJ. This proposed option also provides that a
determination made before the compliance date for this rule may be used
in the compliance demonstration if it is still representative.
Finally, the EPA is proposing that owners or operators may develop
a gas flow determination plan. The plan would specify a reliable method
for determining the gas stream flow, to provide a representative or at
least a worst-case flow rate during representative operating
conditions. Recordkeeping requirements would apply to these proposed
provisions. The EPA believes that this performance-oriented option is
necessary due to the wide variety of technologies and process
configurations in existence. For example, owners and operators may
utilize multiple scrubbers in series at a combustion unit, which may
require a different approach to determining the gas flow than when a
single scrubber is used.
Sections 63.489(b)(7) and 63.1324(c)(7). The EPA is also proposing
to give the owner or operator a better idea of which parameters it is
acceptable to monitor for a carbon adsorber, by replacing the term
``stream flow'' with the more precise phrase ``steam flow or nitrogen
flow, or pressure (gauge or absolute),'' in Secs. 63.489(b)(7) and
63.1324(c)(7) and in other places throughout subparts U and JJJ, as
appropriate.
Sections 63.489(c) and 63.1324(d). The EPA is proposing to add a
cross-reference to Secs. 63.492(e) and 63.1327(f) (the reporting
requirements for batch process vents) in addition to the references to
Secs. 63.506(f) and 63.1335(f) (the general recordkeeping
requirements), in situations where the owner or operator is requesting
to monitor alternative parameters.
Sections 63.489(d) and 63.1324(e). The EPA is proposing to remove
the promulgated paragraph Secs. 63.489(d)(3) and 63.1324(e)(3), because
Secs. 63.489(d)(1) and (d)(2) and 63.1324(e)(1) and (e)(2) provide
sufficient specifications for monitoring requirements associated with
bypass lines. By continuously monitoring a parameter (as discussed in
Secs. 63.489(d)(3) or 63.1324(e)(3)), an owner or operator is plainly
taking a reading ``at least once every 15 minutes,'' which is the
option given under Secs. 63.489(d)(1) and 63.1324(e)(1). In addition,
the EPA is proposing to change the phrase ``bypass line valve'' to
``bypass line damper or valve,'' to incorporate the concept that either
a damper or valve could function as the by-pass mechanism.
Sections 63.489(e)(1), 63.1324(f)(1), 63.490(b)(3), and
63.1325(b)(3). The EPA is proposing to make a change to these
paragraphs that is parallel to the change made in the amended HON
(Sec. 63.114(e)), allowing data obtained from prior performance tests
to be used, provided that the prior performance test was conducted for
determining compliance with a regulation promulgated by the EPA.
Further proposed requirements include the specification that the test
had to have been conducted using the same Methods specified in these
rules and that either no deliberate process changes have been made
since the test, or the owner or operator can demonstrate that the
results of the performance test reliably demonstrate compliance despite
process changes.
Sections 63.489(e)(1)(ii) and 63.1324(f)(1)(ii): The EPA is
proposing to amend this paragraph to clarify that the ``control
efficiency requirement'' is an emission reduction of 90 percent by
explicitly stating the emission reduction requirement.
Sections 63.490(a) and 63.1325(a). The EPA is proposing to refer to
the flare requirements that the EPA has proposed to add at
Secs. 63.504(c) and 63.1333(e), to make it clear that a compliance
demonstration for flares must be conducted using the provisions found
in Sec. 63.11(b), as will be explained further in Section O.1. of this
preamble.
Sections 63.490(b)(3) and 63.1325(b)(3). As discussed below under
``Sections 63.490(b)(6) and 63.1325(b)(6),'' the proposed changes to
Secs. 63.490(b)(3) and 63.1325(b)(3) make these paragraphs more
general, so that
[[Page 11589]]
they cover the situations that, at promulgation, it took two paragraphs
((b)(3) and (b)(6)) to cover. The proposed changes to
Secs. 63.490(b)(3) and 63.1325(b)(3) allow an owner or operator to not
do a performance test for a control device for which a prior
performance test was conducted for the purpose of determining
compliance with another regulation promulgated by the EPA, as long as
the Methods used for that performance test are the same as those
required in Secs. 63.490 and 63.1325, and no significant process
changes have been made since the prior performance test was conducted.
Sections 63.490(b)(5) and 63.1325(b)(5). The EPA is proposing
changes to these paragraphs that would clarify the original intent of
the paragraph (which was that an owner or operator would be exempt from
conducting a performance test on an incinerator that was in compliance
with 40 CFR part 264, subpart O). In addition, the proposed changes to
these paragraphs specify that owners and operators of interim-status
hazardous waste incinerators are also exempt from the requirement to
conduct a performance test for those incinerators.
Sections 63.490(b)(6) and 63.1325(b)(6) (promulgated). The EPA is
proposing to remove Secs. 63.490(b)(6) and 63.1325(b)(6), because the
proposed amendments to Secs. 63.490(b)(3) and 63.1325(b)(3) make the
promulgated Secs. 63.490(b)(6) and 63.1325(b)(6) unnecessary. Both of
the promulgated paragraphs (i.e., (b)(3) and (b)(6)) discussed when
results from a previously conducted performance test could be used in
lieu of conducting a new performance test. At promulgation, paragraphs
Secs. 63.490(b)(3) and 63.1325(b)(3) were specific to tests conducted
for compliance with a New Source Performance Standard, and paragraphs
Secs. 63.490(b)(6) and 63.1325(b)(6) addressed tests conducted for
compliance with ``other subparts in 40 CFR part 60 or part 63.'' Both
ideas are now expressed in Secs. 63.490(b)(3) and 63.1325(b)(3), as
described above. As a result of this proposed change, the EPA is also
proposing to remove the text from Sec. 63.1325(b) that discussed
Sec. 63.1325(b)(6).
Sections 63.490(c)(1)(i)(B) and 63.1325(c)(1)(i)(B). The EPA is
proposing to add text to clarify that references to particulate matter
in Method 1A do not apply for the purposes of subparts U and JJJ. This
proposed addition verifies that Method 1A is an acceptable method for
selecting sampling sites at small (less than twelve inches in diameter)
pipes and ducts.
Sections 63.490(c)(1)(ii), (iii), and (v) and 63.1325(c)(1)(ii),
(iii), and (v). The EPA is proposing to add text to these paragraphs to
clarify the intended meaning and to reflect the use of new terminology
(e.g., average batch vent concentration) that the EPA is proposing to
add definitions for in Secs. 63.482(b) and 63.1312(b).
Sections 63.490(d) and 63.1325(d). The proposed changes to
Secs. 63.490(d)(1) through (5) and 63.1325(d)(1) through (5) also
reflect the use of newly defined terminology such as ``average batch
vent concentration.'' In addition, the EPA is proposing to replace the
term ``control device'' with the more precise term ``halogen reduction
device'' in these paragraphs.
Sections 63.490(d)(3) and 63.1325(d)(3). The proposed edit to these
paragraphs is a correction. The phrase ``and multiplying by 100''
needed to be added to the end of each paragraph in order for percent
reduction to be the outcome of the procedures described in those
paragraphs.
Sections 63.490(e)(2) and 63.1325(e)(2). The proposed addition of
these paragraphs clarifies how the owner or operator of an aggregate
batch vent stream is supposed to apply the performance testing
procedures in Sec. 63.116(c) to aggregate batch vent streams (i.e., the
new paragraphs clarify that a 90 percent reduction is required, rather
than the 98 percent reduction specified in Sec. 63.116(c)(4)).
Sections 63.490(f) and 63.1325(g). These paragraphs reflect changes
related to the concepts of batch mass input limitation and highest-HAP
recipe, which were discussed at the beginning of this section (I.1.) as
general concepts.
Sections 63.491(a) and 63.1326(a). The EPA is proposing to add
language to this paragraph that refers to the proposed provisions in
Secs. 63.491(a)(9) and 63.1326(a)(9). The proposed provisions in
Secs. 63.491(a)(9) and 63.1326(a)(9) discuss the recordkeeping
requirements for Group 2 batch process vents that are exempt from the
batch mass input limitations, under proposed paragraphs Secs. 63.487(h)
and 63.1322(h).
Sections 63.491(a)(1) through (3) and 63.1326(a)(1) through (3).
The EPA is proposing changes to these paragraphs, in order to be
consistent with the proposed approach of using a batch mass input
limitation, and the use of the ``highest-HAP recipe'' for batch process
vent group determinations. These proposed approaches are discussed in
more detail earlier in this Preamble. The proposed additions of
Secs. 63.491(a)(2)(i) and (ii) and 63.1326(a)(2)(i) and (ii) clarify
that if the expected mix of products option is used for the group
determination, records must be kept of the emission estimates during
the production of the highest-HAP recipe for each unique product
included in the expected mix, while if the single highest-HAP recipe
(considering all products) option is used for the group determination,
then only records of emission estimates during the production of the
single highest-HAP recipe must be kept.
Sections 63.491(a)(7) & (8) and 63.1326(a)(7) & (8). With the
proposed edits to these paragraphs, the EPA is proposing a
recordkeeping burden reduction, in that certain group determination
records would no longer be required to be kept for Group 1 batch
process vents or aggregate batch vent streams that are using control
devices to achieve compliance. This proposed change is consistent with
many other instances in subparts U and JJJ where owners and operators
are no longer ``required'' to keep records, if those records are
contained in a report that has been submitted to the EPA in accordance
with these subparts. The proposed reduction in the recordkeeping burden
is accomplished by removing the promulgated paragraphs
Secs. 63.491(a)(8) and 63.1326(a)(8), and by removing the condition
that the control device must be operating at all times during the batch
emission episode from the recordkeeping exemption in Secs. 63.491(a)(7)
and 63.1326(a)(7).
In addition, the EPA is proposing to remove the requirement that
these emission points already be in compliance with the Group 1
requirements in order to be exempt from the recordkeeping requirements,
to avoid instances in which industry might be subject to ``double
penalties'' for being out of compliance with the Group 1 requirements
as well as for not having kept the group determination records.
Instead, the EPA has proposed to replace the phrase ``in compliance
with'' with the phrase ``subject to'' in reference to the Group 1
requirements contained in Secs. 63.487(a) and (b) and 63.1322(a) and
(b).
Sections 63.491(a)(9) and 63.1326(a)(9). The EPA is proposing to
add new paragraphs at Secs. 63.491(a)(9) and 63.1326(a)(9), describing
the minimal recordkeeping requirements for Group 2 batch process vents
that are exempt from the batch mass input limitation provisions. The
proposed recordkeeping requirements for those emission points only
require the owner or operator to maintain documentation of the maximum
design capacity of the EPPU or TPPU, and of the mass of HAP or material
that can be charged annually
[[Page 11590]]
to the batch unit operation at the maximum design capacity.
Sections 63.491(b), 63.1326(b), and elsewhere throughout both
rules. The EPA is proposing to remove the phrase ``up-to-date'' from
the recordkeeping requirements, because that phrase does not actually
state the frequency with which records must be ``up-dated.'' The EPA
believes that the regulatory text, minus the phrase ``up-to-date'', is
sufficient to convey the EPA's intent, which was that the owner or
operator must maintain all records that are required under these
subparts.
Sections 63.491(b)(2) and 63.1326(b)(2). The EPA is proposing to
amend these paragraphs to reflect the fact that the owner or operator
of the batch process vent has the choice of complying with Sec. 63.487
(a)(1) or (a)(2) for batch front-end process vents under subpart U, or
of complying with Sec. 63.1326(a)(1) or (a)(2) for batch process vents
(except those being used to produce SAN) under subpart JJJ.
Sections 63.491(b)(3)(ii) and (iii); 63.1326(b)(3) (ii) and (iii);
and elsewhere. The EPA is proposing to refer to the flare requirements
that the EPA has proposed to add at Secs. 63.504(c) and 63.1333(e), to
make it clear that a compliance demonstration for flares must be
conducted using the provisions found in Sec. 63.11(b), as will be
explained further in Section O.1. of this preamble.
The EPA is also proposing to clarify, throughout both rules
(including in Secs. 63.491(b)(3)(iii) and 63.1326(b)(3)(iii)), that
only instances in which all pilot flames are absent (at a particular
vent) must be recorded. In other words, if one pilot flame is absent,
but a backup pilot flame is present at the process vent, the owner or
operator need not record the incident.
Sections 63.491(d) and 63.1326(d). These paragraphs reflect changes
related to the concept of batch mass input limitation, which was
discussed earlier in this section.
Sections 63.491(e)(1)(i) & (ii) and 63.1326(e)(1)(i) & (ii). The
EPA is proposing clarifying edits to these paragraphs, by specifying
that the records described in Table 6 of subpart U and Table 7 of
subpart JJJ, which list the monitoring, recordkeeping, and reporting
requirements for Group 1 batch process vents, shall be ``maintained in
place of continuous records (or batch cycle daily averages)'' instead
of being ``kept rather than averages,'' because the word ``averages''
does not apply to all of monitored parameter values required by those
tables. The language being proposed in Secs. 63.491(e)(1)(i) and (ii)
and 63.1326(e)(1)(i) and (ii) is now specific to the control devices
listed in those paragraphs (i.e., flares and carbon adsorbers).
Sections 63.491(e)(2)(ii) and 63.1326(e)(2)(ii). The EPA is
proposing to amend these paragraphs to clarify that monitoring data
recorded during (1) periods of non-operation of the EPPU/TPPU (or
specific portion thereof) resulting in cessation of organic HAP
emissions, or (2) periods of start-up, shutdown, or malfunction, are
not to be included in the computation of batch cycle daily averages.
The EPA is also requesting comments on the idea of incorporating
similar changes into Sec. 63.1430(d)(2)(i) of subpart PPP, the
Polyether Polyols Production NESHAP.
Sections 63.491(f) and 63.1326(f). The EPA is proposing to amend
these paragraphs so that, instead of referring to the recordkeeping
requirements in Secs. 63.118(a) and (b), 63.491(f) and 63.1326(f) will
list the appropriate recordkeeping requirements for aggregate batch
vent streams. This proposed change does not alter existing
requirements; rather, it simply lists the applicable provisions in
subparts U and JJJ directly, rather than cross-referencing the HON
provisions.
Sections 63.491(g) and 63.1326(g). The EPA is proposing to add
these paragraphs, which describe the documentation requirements
associated with establishing the batch mass input limitation. This
proposed language replaces the promulgated language that appeared in
Secs. 63.490(f)(2) and 63.1325(g)(2), which described the documentation
requirements accompanying the establishment of a batch cycle
limitation. As an example, one difference between the promulgated
provisions and those proposed under today's action include the fact
that, under proposed Secs. 63.491(g) and 63.1326(g), the owner or
operator must identify whether or not they will be using the ``highest-
HAP recipe'' to establish the batch mass input limitation, instead of
having to identify whether or not they will be using the ``worst-case
HAP emitting product,'' (to establish the ``batch cycle limitation'')
as was required in the promulgated rule. This general change (from the
``worst-case'' concept to the ``highest-HAP'' concept) was discussed
more fully at the beginning of this section of the preamble (I.1.)
Sections 63.492(a)(5) and 63.1327(a)(5). The proposed amendments
include these new paragraphs, which provide reporting requirements for
Group 2 batch process vents that are exempt from the batch mass input
limitation provisions. As discussed earlier in this section, in order
for a Group 2 batch process vent to be exempt from the batch mass input
limitation provisions, the owner or operator will have had to conduct
the group determination using the single highest-HAP recipe while
assuming that the batch unit operation was operating at maximum design
capacity for 12 months.
Sections 63.492(a)(6) and 63.1327(a)(6). The EPA is proposing to
add this paragraph to clarify that the owner or operator who has chosen
to use engineering assessment to estimate emissions from a batch
emissions episode must submit, as part of the Notification of
Compliance Status, a report stating that the criteria for being able to
do so (in Secs. 63.488(b)(6)(i) (A) and (B) and 63.1323(b)(6)(i) (A)
and (B)) have been met.
Sections 63.492(b) and (c) and 63.1327(b), (c), and (d). These
paragraphs reflect the EPA's proposal to remove all requirements
related to submitting a schedule for compliance, as addressed earlier
in this preamble under the discussion of proposed changes to
Secs. 63.480(i)(2) and 63.1310(i)(2). In addition, the text describing
the submittal date of the report referenced by these paragraphs has
been rewritten to clarify the intended meaning (i.e., that a
description of the process change must be submitted to the
Administrator within 180 days after the process change, or in the next
Periodic Report, whichever is later). Finally, in paragraphs
Secs. 63.492(c) and 63.1327(c), the EPA is proposing to remove the
requirement to submit the results of the redetermination of annual
emissions, annual average batch vent flow rate, and cutoff flow rate,
because the EPA has determined that this requirement represents an
unnecessary reporting burden for industry.
Sections 63.492(d)(2) and 63.1327(e)(2). Sections 63.492(d) and
63.1327(e) specify the conditions under which an owner or operator is
not required to submit a report of a process change. In
Secs. 63.492(d)(2) and 63.1327(e)(2), the EPA is proposing to add the
condition that ``the batch mass input limitation does not decrease'' to
the list of circumstances for which a report of a process change is not
required. There may be circumstances in which a process change will not
affect the group status of a batch process vent or increase emissions
in excess of the cutoff, but the process change will necessitate a
decrease in the batch mass input limitation. Such a decrease in the
batch mass input limitation needs to be reported because compliance
with the batch mass input limitation is necessary
[[Page 11591]]
to ensure that a Group 2 batch process vent remains a Group 2 batch
process vent.
Sections 63.492(f) and 63.1327(g). The EPA is proposing changes to
these paragraphs reflecting the EPA's decision that a damper could also
be used as a bypass mechanism.
2. Changes Unique to Polymers and Resins I
Section 63.489(b)(4). The EPA is proposing to add the phrase ``or
halogenated aggregate batch vent streams'' after the phrase
``halogenated batch front-end process vents,'' to clarify that the
monitoring equipment is required whenever an incinerator, boiler, or
process heater is used in concert with the combustion of emissions from
either type of emission point.
Section 63.490(c)(1)(i)(D). The EPA is proposing amendatory
language to this paragraph to indicate that other methods or data that
have been validated according to the applicable procedures in Method
301, 40 CFR part 63, appendix A, may be used to determine the
concentration of organic HAP or TOC.
Section 63.491(e)(3) & (4). The proposed amendments to these
paragraphs will clarify that it is the diversion of flow, rather than
flow itself, that the flow indicator is detecting. In addition, the EPA
is proposing to remove the redundant requirement to record the
``duration'' of periods when flow is diverted away from a control
device from Sec. 63.491(e)(3). Section 63.491(e)(3) continues to
require the owner or operator to maintain a record of the times of all
diversions, from which the duration of the periods could always be
calculated. The EPA is also proposing to remove text that refers to the
requirements in Sec. 63.489(d)(3) (which have been deleted in these
proposed amendments) from Sec. 63.491(e)(4).
Section 63.492(a). The phrase ``or aggregate batch vent stream''
has been added in the proposed amendments to this paragraph, to clarify
that these reporting requirements apply to both owners and operators of
batch front-end process vents and owners and operators of aggregate
batch vent streams.
3. Changes Unique to Polymers and Resins IV
Section 63.1321(d). The EPA is proposing to add this paragraph to
clarify that owners or operators producing ASA/AMSAN shall comply with
paragraph Sec. 63.1315(e), under these proposed amendments.
Section 63.1323(j). The EPA is proposing to make changes to this
paragraph to implement the concept proposed in Sec. 63.1310(i)(1)(i)
that process changes are only changes that increase (as opposed to
decrease) production capacity or production rate. The implementation of
this concept for this paragraph is phrased as ``process changes * * *
that could reasonably be expected to adversely impact the compliance
status (i.e., achievement of 84 percent emission reduction).'' In
addition, the cross-reference to the requirement to submit a compliance
schedule has been removed from proposed Sec. 63.1323(j)(3) and the
timeframe for compliance is set by the provisions of Sec. 63.1310(i);
removal of the requirement for submission of compliance schedules is
discussed more fully in Section B.1.
J. Back-end Provisions-- Proposed Changes to Secs. 63.493 Through
63.500 (Polymers and Resins I Only)
Section 63.493. The introductory text to the back-end provisions of
subpart U has been amended slightly in this proposal, to clarify which
producers are exempt from the back-end provisions. The promulgated
language reads ``Owners and operators of affected sources that produce
only latex products, liquid rubber products, or products in a gas-
phased polymerization reaction are not subject to * * *'' The proposed
language that would replace the promulgated language reads, ``Owners
and operators of affected sources whose only elastomer products are
latex products, liquid rubber products, or products produced in a gas-
phased reaction process are not subject * * *.'' The proposed edits
should clarify that this exemption applies to owners and operators of
affected sources (i.e., those that produce elastomers).
Section 63.494(a). The EPA is proposing an amendment to this
paragraph that will clarify the location at which the residual monomer
in products must be determined, by adding a cross-reference to
Sec. 63.495(d) (which states the procedures for determining the
sampling location), and by specifying that the measurement must be
taken after the reactor, if the affected source does not have
strippers. This latter clarification was necessary because at
promulgation the rule gave no guidance as to where the sampling site
for residual organic HAP should be at an affected source that did not
have strippers.
Section 63.494(a)(4). At promulgation, this paragraph listed
elastomer products for which there were no back-end process residual
organic HAP limitations. The EPA is proposing to modify this paragraph
to state that there are also no back-end process residual HAP
limitations for styrene butadiene rubber produced by any process other
than a solution process, polybutadiene rubber produced by any process
other than a solution process, and ethylene-propylene rubber produced
by any process other than a solution process.
Section 63.494(d). The EPA is proposing to add this paragraph to
specify which requirements the owner or operator must follow if they
are complying with the residual HAP limitations by using a flare.
Section 63.495(b)(2)(i) and (ii). The proposed amendments contain a
minor change in terminology in these two paragraphs and elsewhere
throughout the rule (e.g., Sec. 63.497(a)), from ``batch (or
continuous) stripping'' at promulgation, to ``a stripper operated in
batch (or continuous) mode'' in the proposed amendments. As described
in greater detail in Section II.D of this notice, the EPA is proposing
to define the term ``stripper'' and to define the term ``stripping''
instead of the term ``stripping technology.''
Section 63.495(b)(5). The proposed amendment to this paragraph
specifies that samples taken during a start-up, shutdown, or
malfunction should not be included in the monthly weighted average. It
is the EPA position that such samples are not ``representative'' of the
back-end process for the month during which the start-up, shutdown, or
malfunction occurred.
Section 63.496(b)(5)(i). The EPA is proposing to amend this
paragraph in order to clarify the intended meaning of the promulgated
paragraph, which was that sampling sites for inlet emissions shall be
located at the exit of the back-end process unit operation, and that
sampling sites for outlet emissions shall be located at the outlet of
the control or recovery device.
Section 63.496(b)(5)(i)(A) and (B). The proposed edits to these
paragraphs are meant to clarify that equipment in compliance with the
equipment leak provisions do not constitute opportunities for emission
to the atmosphere, for the purpose of these paragraphs.
Section 63.496(b)(6)(iv). The EPA is proposing a minor edit to this
paragraph, so that the actual equation number (Equation 30) is
explicitly mentioned, rather than implicitly referring to the equation,
as the language did at promulgation.
Section 63.496(b)(7)(i). The EPA is proposing to refer to the flare
requirements that the EPA has proposed
[[Page 11592]]
to add at Sec. 63.504(c), to make it clear that a compliance
demonstration for flares must be conducted using the provisions found
in Sec. 63.11(b), as will be explained further in Section O.1. of this
preamble.
Section 63.496(b)(7)(iv). The proposed changes to this paragraph
would exempt owners and operators from conducting another source test
to determine the outlet organic HAP emissions from a specific control
device if a performance test was conducted for determining compliance
with another regulation promulgated by the EPA for the same control
device. The prior performance test would have to have been conducted
using the same Methods specified in subpart U, with no deliberate
process changes having been made since the test. The EPA is also
proposing that the owner or operator be permitted to demonstrate that
the results of the performance test, with or without adjustments,
reliably demonstrate compliance despite process changes.
Section 63.496(b)(7)(vi). The EPA is proposing to add this
paragraph so that there is an exemption for RCRA incinerators in
addition to the promulgated exemption for RCRA boilers and process
heaters (which is in Sec. 63.496(b)(7)(v)), because there was no
technical reason to offer this exemption for boilers and process
heaters, but not offer it for incinerators.
Section 63.497(a)(6). For the same reasons given earlier under
``Section 63.489(b),'' the EPA is proposing to replace the phrase
``regeneration stream flow'' with the phrase ``regeneration steam flow,
nitrogen flow, or pressure (gauge or absolute).'' This same change will
be evident in several other places in the proposed amendments (e.g., in
Table 6 of subpart U).
Section 63.497(c). The EPA is proposing edits to this paragraph to
clarify that it is the ``daily average value'' of the parameter
monitoring levels that must be within the bounds of the limit, and to
clarify that this paragraph does not apply when subpart U otherwise
permits a deviation from the parameter monitoring limit.
Sections 63.497(d) and (d)(3), and 63.498(d)(5)(iv). The EPA is
proposing to remove promulgated Sec. 63.497(d)(3), because
Sec. 63.497(d)(1) and (d)(2), in conjunction with
Sec. 63.498(d)(5)(iii), have been determined to cover the requirement
to continuously monitor the bypass line damper or valve position in the
promulgated Sec. 63.497(d)(3), making (d)(3) redundant and unnecessary.
For the same reason, the EPA is proposing to remove part of
Sec. 63.498(d)(5)(iv), and ``reserve'' Sec. 63.498(d)(5)(iv)(B), which
specified the recordkeeping requirements associated with
Sec. 63.497(d)(3).
Sections 63.498(a)(1)-(3), 63.498(d), 63.499(a)(1)-(3), and
63.499(c)(3). The EPA is proposing to remove the requirement to keep
records of the information listed in Sec. 63.498(a)(1) through (3). The
information requested under Sec. 63.498(a)(1) through (3) is readily
apparent upon inspection of the facility. Further, that information is
also reported to the Administrator in the Notification of Compliance
Status, as is required under the proposed amendments to
Sec. 63.499(a)(1) through (3).
Similarly, the EPA is proposing to remove the requirement to keep
records of the information listed in the promulgated paragraphs
Sec. 63.498(d)(2) through (4), because that information is all reported
to the EPA according to other provisions of the rule (or is being
proposed as a reporting requirement under Sec. 63.499(c)(3)). In
addition, a small clarifying edit is being proposed for
Sec. 63.498(d)(5)(i).
Section 63.498(d)(5)(ii)(B). The EPA is proposing to add a sentence
to this paragraph, clarifying that monitoring data recorded during
periods of non-operation of the EPPU (resulting in cessation of organic
HAP emissions) or during periods of start-up, shutdown, or malfunction
shall not be included in computing the hourly or daily averages for a
control or recovery device on a back-end process. The reason for this
proposed change is that the EPA believes that data recorded during
those time periods are not representative of the hour or day in which
the period of non-operation of the EPPU (resulting in cessation of
organic HAP emissions), start-up, shutdown, or malfunction occurred.
Section 63.500(d)(2). The EPA is proposing to use the term
``shortstop agent'' rather than the term ``shortstop'' throughout this
paragraph, in order to better reflect common terminology used in the
elastomer production industry.
K. Process Contact Cooling Tower Provisions--Proposed Changes to
Sec. 63.1329 (Polymers and Resins IV Only)
Section 63.1329(a). The EPA is proposing to reorganize and rewrite
this paragraph, to clarify its intended meaning. The intended meaning
of the promulgated paragraph, and the more obvious meaning of the
proposed paragraph, is that the owner or operator of a new affected PET
source must comply with the new affected source requirements in
Sec. 63.1329(b), and that the owner or operator of an existing affected
source that produces PET using a continuous terepthalic acid high
viscosity multiple end finisher that utilizes a process contact cooling
tower must comply with the existing affected source requirements in
Sec. 63.1329(c).
Section 63.1329(c). The EPA is proposing to add text to this
paragraph to clarify the intended meaning. Specifically, text is being
proposed that states that owners or operators complying with this
paragraph Sec. 63.1329(c) must also comply with the wastewater
provisions specified in Sec. 63.1330 for process wastewater streams
sent to the process contact cooling tower.
Section 63.1329(c)(1)(i). The EPA is proposing to remove text from
this paragraph that discussed violations of the standard. Compliance
with the standard is discussed elsewhere in the rule and ``violations''
do not need to be discussed in this paragraph or section.
Section 63.1329(c)(1)(iii). The EPA is proposing to add definitions
of the terms used in Equation 27, which were inadvertently left out at
promulgation (i.e., ``CI95'' and ``Xi'').
L. Wastewater Provisions-- Proposed Changes to Secs. 63.501 and 63.1330
1. Changes Common to Polymers and Resins I and IV
As mentioned earlier in this preamble, several cross-referencing
and clarifying changes need to be made to Secs. 63.501 and 63.1330 as a
result of the extensive amendments to the HON wastewater provisions,
which both Secs. 63.501 and 63.1330 reference. For example, Sec. 63.149
of the HON, which was formerly ``Reserved'', now contains control
requirements for certain liquid streams in open systems. Because the
requirements in this new section (Sec. 63.149) are also appropriate for
subpart U and JJJ affected sources, references to the HON wastewater
provisions in subparts U and JJJ were changed from ``Secs. 63.131
through 63.148'' to ``Secs. 63.132 through 63.147 of subpart G for each
process wastewater stream originating at an affected source,''
``Sec. 63.148 of subpart G for leak inspection provisions,'' and
``Sec. 63.149 of subpart G for equipment that is subject to
Sec. 63.149.'' Section 63.131 has been dropped from the list because it
is now ``reserved'' in the HON. In addition, new ``exceptions'' were
required, to reflect the promulgated amendments to the HON wastewater
provisions. For subpart U, these ``exceptions'' are proposed as
paragraphs Sec. 63.501(a)(5) through (a)(13), (a)(17), (a)(18), and
(a)(21) through (a)(23). For subpart JJJ, these exceptions are proposed
as paragraphs Sec. 63.1330(b)(4) through (b)(12), (b)(15), (b)(16), and
(b)(20)
[[Page 11593]]
through (b)(22). In addition, the EPA is proposing to remove
promulgated Secs. 63.501(a)(3) and (a)(4) and 63.1330(b)(6) and (b)(7)
because the HON requirements referenced by these paragraphs were
removed as part of the revisions to the HON wastewater provisions.
Other changes to Secs. 63.501 and 63.1330 include various cross-
reference updates necessitated by the re-organization of the HON
recordkeeping and reporting provisions, which are contained in
Secs. 63.151 and 63.152 of subpart G, and are referenced frequently
throughout Secs. 63.132 through 63.149 of subpart G. One slightly more
substantive change is being proposed in Secs. 63.501(a)(19) and
63.1330(b)(18), as discussed in greater detail below.
Sections 63.501(a) and 63.1330(a). For subpart U, the EPA is
proposing to reorganize this paragraph to clarify its intended meaning.
For subpart JJJ, the EPA is proposing to add this paragraph to clarify
the organization of the section. For both rules, the EPA is proposing
additions that reflect changes in the HON provisions (e.g., the
addition of references to Sec. 63.149).
Sections 63.501(a)(4) (promulgated (a)(5)) and 63.1330(b)(3)
(promulgated (a)(3)). The EPA is proposing to rewrite these paragraphs
to clarify their intended meaning, which is that owners and operators
who are making requests to monitor alternative parameters must follow
the procedures in Secs. 63.506(g) and 63.1335(g), rather than the
procedures in Secs. 63.151(g) and 63.152(e).
Sections 63.501(a)(14) and (a)(15) and 63.1330(b)(13) and (b)(14)
(promulgated (a)(4) and (a)(5)). The EPA is proposing to add text to
these paragraphs to clarify the intended meaning. It appeared that
there was some confusion, prior to the proposed changes being made,
over whether owners and operators were required to submit reports
(e.g., the Notification of Compliance Status and Periodic Reports)
under both the requirements in the HON and the requirements in subpart
U or JJJ. The proposed amendments clarify that the EPA only expects
owners or operators of a subpart U or a subpart JJJ affected source to
fulfill the reporting requirements specified in subpart U or subpart
JJJ, respectively.
Sections 63.501(a)(19) and 63.1330(b)(18): Process Wastewater
Streams Containing Styrene. The EPA is also proposing to add a
paragraph at Secs. 63.501(a)(19) and at 63.1330(b)(18), which allows
process wastewater streams that contain styrene to be excluded when
calculating the required mass removal (RMR) or the actual mass removal
(AMR) for open or closed aerobic biological treatment processes. As
part of the public comments received on the proposed rules, it was
brought to the attention of the EPA that styrene can clog steam
strippers, and the promulgated rules were intended to allow process
wastewater streams containing styrene to be sent directly to biological
treatment units, without steam stripping and without being included in
the subsequent RMR and AMR calculations.
However, the promulgated rules mistakenly provided this exemption
for all process wastewater streams. Therefore, in addition to
presenting the concept of exempting certain process wastewater streams
from RMR and AMR calculations more clearly, the proposed revisions
correct the error of exempting all process wastewater streams from
inclusion in the RMR and AMR calculations. The newly proposed
paragraphs Secs. 63.501(a)(19) and 63.1330(b)(18) also specify when a
process wastewater stream is considered to contain styrene.
Sections 63.501(d) (promulgated) and 63.1330(a)(12) (promulgated).
The EPA is proposing to remove these paragraphs and replace them with
Secs. 63.501(a)(9) and 63.1330(b)(7), respectively. The promulgated
paragraphs discussed relying on the compliance dates contained in these
rules instead of the compliance dates contained in the HON. The EPA
believes that this provision would be less likely to be overlooked by
including it earlier in the section, with all of the other
``exceptions'' to the HON wastewater requirements.
2. Changes Unique to Polymers and Resins I
Section 63.501(a)(3). The EPA is proposing to add this paragraph to
correct an error in the promulgated rule. As was described in the
promulgation preamble, the EPA determined that new affected sources
should be subject to the same wastewater requirements as existing
sources. The EPA believes that the promulgated rule was not clear about
the fact that new Group I Polymers and Resins affected sources are only
subject to the existing source wastewater requirements in the HON. The
proposed addition of Sec. 63.501(a)(3) clarifies the EPA's original
intent, by clearly stating that Group 1 wastewater streams at new
affected sources are not subject to the HON new source requirements for
wastewater, and by stating that owners and operators of new affected
elastomer sources must comply with the requirements for existing
sources in Secs. 63.132 through 63.149.
M. Equipment Leak Provisions--Proposed Changes to Secs. 63.502 and
63.1331
1. Changes Common to Polymers and Resins I and IV
Sections 63.502(c) and 63.1331(a)(2). The EPA is proposing to amend
these paragraphs in order to clarify that the HON compliance dates do
not apply to owners and operators with regard to equipment leaks. In
addition, the EPA is proposing that owners and operators should follow
the provisions in Secs. 63.481(e) and 63.1311(e), when requesting a
compliance date extension, no matter what the emission point is (i.e.,
for equipment leaks as well as all other emission points).
Sections 63.502(f) and (g), and 63.1331(a)(4) and (5). The proposed
changes to these paragraphs are meant to clarify the intended meaning
of the promulgated paragraphs (Secs. 63.502(h) and (i), and
63.1331(a)(4) and (5)), and do not constitute a significant deviation
from the promulgated language. Proposed Secs. 63.502(f) and
63.1331(a)(4) clearly state that the owners and operators of affected
sources must submit the Notification of Compliance Status (for
compliance with the equipment leak provisions) within 150 days after
the sources are required to be in compliance with those equipment leak
provisions, instead of within 90 days, as Sec. 63.182(a)(2) and (c) of
subpart H required. Similarly, Secs. 63.502(g) and 63.1334(a)(5) state
that the information that subpart H requires to be submitted in
Periodic Reports (via Secs. 63.182(a)(3) and (d)) must instead be
submitted according to the requirements in Secs. 63.506(e)(6) and
63.1335(e)(6).
Sections 63.502(h) and 63.1331(a)(10). The EPA is proposing to add
these paragraphs, which reflect the amendments to Sec. 63.100(e)(3), in
order to clarify guidelines under which equipment may be aggregated,
even if different administrative organizations (e.g., different
companies, affiliates, departments, divisions, etc.) are responsible
for the management of the equipment in question.
Section 63.502(i). The EPA is proposing to add this paragraph to
clarify that only organic HAP listed on Table 5 of subpart U that are
also listed on Table 9 of subpart G need to be considered when subpart
H refers to Table 9 of subpart G.
Sections 63.502(k) and 63.1331(a)(13). The EPA is proposing to add
paragraphs as Secs. 63.502(k) and 63.1331(a)(13) which tell owners or
operators what to do in the event that they are using a flare to comply
with the equipment leak provisions, and need to do a compliance
[[Page 11594]]
demonstration for that flare. It is not anticipated that this will be a
common occurrence, but the EPA decided that it was prudent to have a
provision in the rule to handle this situation, in the event that it
arises at a facility.
Sections 63.502(l) and 63.1331(a)(11). These proposed paragraphs
refer to the definitions of ``equipment'' (for both subparts U and JJJ)
and ``equipment leaks'' (subpart JJJ only) which the EPA is proposing
to add in Secs. 63.482 and 63.1312, in order to distinguish between the
use of those terms in subparts U and JJJ and the use of those same
terms in subpart H, as described in greater detail in the
``Definitions'' section above.
Sections 63.502(m) and 63.1331(a)(12). The EPA is proposing to
clarify the language in Sec. 63.1331(a)(12) by removing the word
``substitute'' (which could have multiple meanings), and is proposing
to add a parallel paragraph to Sec. 63.502(m). Both
Secs. 63.1331(a)(12) and 63.502(m) specify how owners and operators of
subpart JJJ or U affected sources are supposed to interpret references
to subparts F and I, in the HON equipment leak provisions (subpart H).
2. Changes Unique to Polymers and Resins I
The Title to Sec. 63.502. The EPA is proposing to rename
Sec. 63.502, due to the fact that the heat exchange provisions are also
contained in this section.
Section 63.502(b)(1) through (7). In these paragraphs, the EPA is
proposing changes to clarify the intended meaning. First, the intent of
the promulgated paragraphs was that only surge control vessels and
bottoms receivers that were dedicated to the specified elastomer
products or intermediates listed in Sec. 63.502(b)(1) through (7) be
exempt from the equipment leak provisions. The EPA did not intend that
surge control vessels and bottoms receivers containing small amounts of
those elastomer products or intermediates be exempt from the equipment
leak provisions. Therefore, the language has been changed to exempt
surge control vessels and bottoms receivers ``that receive only'' the
specified material, as opposed to exempting those ``containing'' the
specified material. Paragraph Sec. 63.502(b)(2) was also further
reworded to clarify that ``other latex products'' was intended to mean
latex products ``other than styrene-butadiene latex.''
Section 63.502(d). In the promulgation preamble, the EPA explained
that an exclusion was being added for reciprocating pumps that must
leak small quantities of product to lubricate and cool the shaft and
seal areas (61 FR 46923). Therefore, Sec. 63.502(d), which states that
the presence of liquids dripping from bleed ports in pumps and agitator
seals in light liquid service is not to be considered a leak, was added
at promulgation of subpart U. However, the EPA also intended to address
other situations that occur with reciprocating pumps, but neglected to
do so at promulgation. Therefore, the EPA is proposing to add
exemptions from the equipment leak provisions for reciprocating pumps
in heavy liquid service, and for reciprocating pumps in light liquid
service, if recasting the distance piece, or reciprocating pump
replacement, is required.
Section 63.502(e). The EPA is proposing to remove the promulgated
Sec. 63.502(e) because it is redundant, considering the provisions
contained in Sec. 63.481(h). The proposed Sec. 63.502(e) was
promulgated as Sec. 63.502(g).
Section 63.502(f). The EPA is proposing to move the requirements
that were promulgated under Sec. 63.502(f) for heat exchange systems to
the end of the section, in order to clarify that they are separate from
the equipment leak provisions. In these proposed amendments, the heat
exchange system provisions are in Sec. 63.502(l). Other changes to
these provisions are discussed in greater detail in section N.I. of
this preamble.
Section 63.502(i). The EPA is proposing to add this paragraph to
clarify that only organic HAP listed on Table 5 of subpart U that are
also listed on Table 9 of subpart G need to be considered when subpart
H refers to Table 9 of subpart G.
Section 63.502(j). The EPA is proposing to add this paragraph,
which parallels the promulgated paragraph in Sec. 63.1311(a)(8), in
order to allow owners and operators the option of using Method 25A (40
CFR part 60) instead of Method 18 (40 CFR part 60) when the equipment
leak provisions found in the HON specify that Method 18 (40 CFR part
60) must be used.
3. Changes Unique to Polymers and Resins IV
Section 63.1331(a)(6). The EPA is proposing to revise this
paragraph to clarify its intended meaning.
Section 63.1331(a)(6)(iii) and (iv). In Sec. 63.1331(a)(6)(iii) and
(iv), the EPA is proposing to add new exceptions from the requirements
in subpart H to clarify how owners and operators are expected to comply
with the requirements of paragraph Sec. 63.1331(a)(6). These additional
exceptions are being proposed in order to remove contradictions
concerning compliance demonstrations that were created by the
promulgated rule. The EPA is also proposing to remove the promulgated
paragraph Sec. 63.1331(a)(7), because Sec. 63.1331(a)(6)(iii) and (iv)
now provide subpart JJJ specific guidance for developing an initial
list of identification numbers for pumps, valves, connectors, and
agitators in heavy liquid service; pressure relief devices in light
liquid or heavy liquid service; and instrumentation systems.
Section 63.1331(a)(7). The EPA is proposing to add a new paragraph
as Sec. 63.1331(a)(7), to clarify that owners and operators do not need
to refer to the organic HAP list in Table 9 of subpart G, as directed
under Sec. 63.166(b)(4)(i). The owner or operator only needs to assess
whether or not organic HAP listed on table 6 of subpart JJJ are present
and to comply with the provisions of this section for those organic
HAP, except ethylene glycol (to which the provisions cited by
Sec. 63.1331(a)(7) do not apply).
Section 63.1331(a)(9). The EPA is proposing to remove this
paragraph, due to the fact that the EPA is also proposing to consider
surge control vessels and bottoms receivers to be subject to the
equipment leak provisions. This proposed change would make subpart JJJ
consistent with subpart U, with regard to how it handles surge control
vessels and bottoms receivers, but it will not cause any change in the
actual control requirements for surge control vessels and bottoms
receivers.
Section 63.1331(b). This paragraph has been reorganized and
rewritten to clarify the intended meaning.
N. Heat Exchange System Provisions--Proposed Changes to Secs. 63.502(l)
and 63.1328
1. Changes Common to Polymers and Resins I and IV
Sections 63.502(n)(1) through (n)(6) and 63.1328(a) through (g).
The EPA is proposing to add explanations of how the requirements in
Sec. 63.104 for heat exchange systems apply to subpart U and JJJ
affected sources. These proposed paragraphs, added as
Secs. 63.502(n)(1) through (6) and 63.1328(c) through (g), provide the
specific requirements (e.g., compliance dates and reporting
requirements) that are applicable to heat exchange systems subject to
subpart U and subpart JJJ. In addition, proposed Sec. 63.1328(a) has
been reorganized and rewritten to clarify the intended meaning, and the
EPA is proposing to add Sec. 63.1328(b) as part of this clarification.
[[Page 11595]]
2. Changes Unique to Polymers and Resins I
Sections 63.502(f) and 63.502(n). As mentioned earlier, the EPA is
proposing to move the promulgated paragraph Sec. 63.502(f) to the end
of Sec. 63.502 (as Sec. 63.502(n)) to clearly separate the heat
exchange systems from the equipment leak provisions.
O. Performance Testing--Proposed Changes to Secs. 63.504 and 63.1333
1. Changes Common to Polymers and Resins I and IV
Title of the Sections. The EPA is proposing to change the title of
Secs. 63.504 and 63.1333 to ``Additional requirements for performance
testing'' because this title more accurately conveys the contents of
these sections than did the promulgated title ``Additional test methods
and procedures.''
Sections 63.504(a)(1) and 63.1333(a)(1). In order to account for
factors that might make the ``maximum representative operating
conditions'' unreasonable to achieve, the EPA is proposing to modify
the concept. First, the proposed changes specify that the operating
conditions must be ``achievable'' during either the 6-month period that
ends two months before the Notification of Compliance Status is due, or
during the 6-month period that begins 3 months before the performance
test and ends 3 months after the performance test.
Second, the proposed changes specify that testing is not required
under conditions that (1) would cause damage to equipment; (2) would
necessitate that the owner or operator make product that does not meet
an existing specification for sale to a customer; or (3) would
necessitate that the owner or operator make product in excess of
demand.
Sections 63.504(a)(4) and 63.1333(a)(4). The EPA is proposing to
add language to these paragraphs in order to specify that the owner or
operator needs to give the Administrator at least 7 days (prior to the
originally scheduled performance test) notice if a performance test
needs to be rescheduled. The proposed changes also allow the
performance test to be rescheduled by mutual agreement between the
Administrator and the owner or operator, if necessary.
Sections 63.504(a)(5) and 63.1333(a)(5). The EPA is proposing to
add these paragraphs to clarify that performance tests must be
conducted no later than 150 days after the applicable compliance dates.
Section 63.7(a)(2)(iii) in the General Provisions provides for
performance tests to be conducted ``within 180 days after the
compliance date'' of a standard. However, because the Notification of
Compliance Status for subparts U and JJJ is due 150 days after the
compliance dates for the different emission points, giving owners and
operators 180 days ``after the compliance date'' of the rules will not
work under subparts U and JJJ, because that would infer that
performance tests could be completed up to 30 days after the
Notification of Compliance Status was due. That is not the intent;
performance tests must be conducted early enough to be included in the
Notification of Compliance Status, which is due 150 days after the
compliance dates specified in subparts U and JJJ, according to
Secs. 63.506(e)(5) and 63.1335(e)(5). With these proposed amendments,
the EPA is also replacing the phrase ``within 180 days after,'' which
was used in the General Provisions, with the phrase ``no later than 150
days,'' because the latter phrase clarifies that the Notification of
Compliance Status is due after the compliance date, according to
subparts U and JJJ.
Sections 63.504(c) and 63.1333(e). The EPA is proposing to add
these paragraphs because, in their promulgated form, both subpart U and
subpart JJJ referred to Sec. 63.11(b) for determining compliance with
the flare requirements. The EPA is proposing to add Secs. 63.504(c) and
63.1333(e), to make it clear that a compliance demonstration for flares
must be conducted using the provisions found in Sec. 63.11(b).
Specifically, the proposed paragraphs require that the owner or
operator (1) conduct a visible emission test, (2) determine the net
heating value of the gas being combusted, and (3) determine the exit
velocity. In each case, the provisions specify that these parameters be
determined in accordance with specific paragraphs in Sec. 63.11.
Paragraphs Secs. 63.504(c) and 63.1333(e) also specify that an owner or
operator is not required to conduct a performance test to determine
percent emission reductions or outlet organic HAP or TOC concentrations
for flares. In addition, the proposed paragraphs specify that a
previously conducted flare compliance demonstration may be used to
demonstrate compliance, provided that no deliberate process changes
have been made since the compliance demonstration, or the results of
the compliance demonstration reliably demonstrate compliance despite
process changes. The EPA is also requesting comments on the idea of
adding similar language as Sec. 63.1437(c) in subpart PPP, the
Polyether Polyols Production NESHAP.
P. Parameter Monitoring Levels and Excursions--Proposed Changes to
Secs. 63.505 and 63.1334
1. Changes Common to Polymers and Resins I and IV
Sections 63.505(a) and 63.1334(a). Significant revisions to this
paragraph are being proposed for a variety of reasons, having mostly to
do with possible misinterpretations of the promulgated paragraphs
Secs. 63.505(a) and 63.1334(a). The promulgated language could be read
to imply that the procedures for determining parameter monitoring
levels contained in Secs. 63.505(c) and (d) and 63.1334(c) and (d) were
``unapproved,'' whereas the intent of the paragraph was to specify that
parameter monitoring levels established using those provisions were
subject to approval by the Administrator. The proposed language in
Secs. 63.505(a) and 63.1334(a) is very explicit about which procedures
(i.e., those contained in Secs. 63.505(b), (c), or (d) or 63.1334(b),
(c), or (d)) are permissible under varying circumstances. Corresponding
revisions are also being proposed, to Secs. 63.506(e)(3) and
63.1335(e)(3) to provide instructions on how to submit information that
requires approval by the Administrator.
Sections 63.505(a)(1) and 63.1334(a)(1). As with proposed
Sec. 63.497(c), these paragraphs are being proposed to clarify that it
is the ``daily average value'' of the parameter monitoring levels that
must be within the bounds of the limit, and not necessarily each data
point. In addition, similar to proposed Sec. 63.497(c), these
paragraphs also make clear that they do not apply when subpart U or JJJ
otherwise permits a deviation from a parameter monitoring limit.
Sections 63.505(a)(2) and 63.1334(a)(2). The EPA is proposing edits
to these paragraphs to clarify how the established parameter monitoring
levels should be submitted to the EPA.
Sections 63.505(b) and 63.1334(b). The EPA is proposing amendments
to Secs. 63.505(b) and 63.1334(b) to clarify that they only apply to
owners and operators who elect to establish a parameter monitoring
level for a control, recovery, or recapture device based exclusively on
parameter values measured during performance tests. The EPA is
proposing to ``reserve'' Secs. 63.505(b)(1) and 63.1334(b)(1), which
were inconsistent with the objective of the promulgated Secs. 63.506(b)
and 63.1335(b), because the promulgated
[[Page 11596]]
Sec. Sec. 63.505(b)(1) and 63.1334(b)(1) allowed the owner or operator
to consider engineering assessments and/or manufacturer's
recommendations in addition to measured parameter values when
establishing the parameter monitoring level. Engineering assessment
and/or manufacturer's recommendations may be used under Secs. 63.505(c)
and (d) and 63.1334(c) and (d), when appropriate, but are not permitted
to be used under Secs. 63.505(b) or 63.1334(b), because, as proposed,
Secs. 63.505(b) and 63.1334(b) provide procedures for establishing
parameter monitoring levels based exclusively on performance tests.
The EPA is proposing to remove the promulgated paragraphs at
Secs. 63.505(b)(3)(i)(A) and 63.1334(b)(3)(i)(A) (which required
continuous parameter monitoring when batch emission episodes are being
vented to control devices), because promulgated paragraphs
Secs. 63.505(b)(3)(i)(A) and 63.1334(b)(3)(i)(A) are no longer
necessary, in that the proposed changes to the parent paragraph,
Secs. 63.505(b)(3) and 63.1334(b)(3), require the owner or operator to
test and record monitoring data during the ``entire episode.'' In
proposed paragraphs Secs. 63.505(b)(3)(i)(B) and (C) and
63.1334(b)(3)(i)(B) and (C), the EPA has added an explanatory phrase at
the end of each paragraph, clarifying how maximum and minimum parameter
monitoring levels are to be established.
Sections 63.505(c) and (d) and 63.1334(c) and (d). The EPA is
proposing to amend Secs. 63.505(c) and 63.1334(c) in an effort to
clarify the original intent of the paragraph, which is that owners and
operators have the option of supplementing performance tests with
engineering assessments and/or manufacturer's recommendations, and are
not required to conduct performance tests over the entire range of
expected parameter values. Similarly, the EPA is proposing to amend
Secs. 63.505(d) and 63.1334(d) to clarify that these provisions apply
to owners and operators who have the option of choosing, and have
chosen, to establish their parameter monitoring levels based
exclusively on engineering assessments and/or manufacturer's
recommendations. Further, proposed changes to Secs. 63.505(a) and
63.1334(a) clarify that if the owner or operator selects
Secs. 63.505(c) or (d), or 63.1334(c) or (d) as the means of
establishing parameter monitoring levels for control, recovery, or
recapture devices, the information listed in Secs. 63.506(e)(3)(viii)
or 63.1335(e)(3)(vii) must be included in the Precompliance Report and
is subject to review by the Administrator.
Sections 63.505(f), (g)(1), and (g)(2); and 63.1334(e), (f)(1), and
(f)(2). With these amendments to subparts U and JJJ, the EPA is
proposing to ``reserve'' Secs. 63.505(f) and 63.1334(e), while amending
Secs. 63.505(g) and 63.1334(f) to include all the circumstances that
constitute parameter monitoring excursions. In promulgated
Secs. 63.505(f) and 63.1334(e), the only global compliance requirement
addressed was that owners and operators shall be ``deemed out of
compliance'' for each parameter monitoring excursion (except, of
course, for excused excursions). The EPA believes that it is more
appropriate to include this provision regarding excursions under the
definition of parameter monitoring excursions that is found in
Secs. 63.505(g) and 63.1334(f), and has revised Secs. 63.505(g) and
63.1334(f) accordingly, in these proposed amendments.
In addition to the proposed changes described above, the EPA is
proposing to add paragraphs Secs. 63.505(g)(1)(v)(A) through (E),
63.505(g)(2)(ii)(B)(1) through (4), 63.1334(f)(1)(v)(A) through (E),
and 63.1334(f)(2)(ii)(B)(1) through (4), describing the periods that
are not to be included when determining the period of control or
recovery device operation. Under the proposed amendments, those periods
are not to be used when determining if sufficient monitoring data are
available (under the provisions of Secs. 63.505(g)(1)(ii), (g)(1)(iii),
or (g)(2)(ii); or 63.1334(f)(1)(ii), (f)(1)(iii), or (f)(2)(ii)) for
the owner or operator to avoid having an excursion. The periods that
must be omitted when determining the period of control or recovery
device operation include periods of monitoring system breakdowns,
repairs, calibration checks, and zero (low-level) and high-level
adjustments; start-ups; shutdowns; malfunctions; and periods of non-
operation of the affected source that result in the cessation of
emissions to which the monitoring applies.
The proposed changes to Secs. 63.505 and 63.1334 also incorporate
changes that were made in the HON amendments to Sec. 63.152. The HON
served as a model for the requirements related to start-up, shutdown,
and malfunction situations in subparts U and JJJ. The HON amendments
specified that start-up, shutdown, and malfunction situations and
periods of non-operation of the affected source (or portion thereof)
that caused the owner or operator to be unable to collect sufficient
monitoring data, or which resulted in data that would have otherwise
indicated that an excursion had taken place, were not to be considered
``excursions.'' The EPA proposes to incorporate this concept into
Secs. 63.1334(f) and 63.505(g). In addition, the EPA is proposing to
add specifications under Secs. 63.505(g)(2)(ii)(A) through (D) and
63.1334(f)(2)(ii)(A) through (D), to assist the owner or operator in
making the determination of whether or not monitoring data will be
considered ``insufficient'' for an operating day.
The HON amendments also specified that monitoring data recorded
during such periods were not to be included in any average computed
under subpart G. The EPA is proposing to incorporate similar provisions
into Secs. 63.506(d)(7) and 63.1335(d)(7), as discussed in more detail
in the preamble to the proposed HON amendments (see table 2 of this
preamble). To be consistent with this stance, the EPA is proposing to
add clarifying provisions under Secs. 63.505(g)(2)(ii)(B)(1) through
(4) and 63.1334(f)(2)(ii)(B)(1) through (4), stating that those time
periods should be subtracted from the ``operating time'' used to
determine whether monitoring data are sufficient.
Sections 63.505(g)(3) and 63.1334(f)(3). Because daily average
values will not be meaningful in the case of storage vessels that are
not required to be continuously monitored, the EPA is proposing to add
Secs. 63.505(g)(3) and 63.1334(f)(3), which describe what would
constitute an excursion for a storage vessel that is not required to be
continuously monitored (provisions for storage vessels that are
required to be continuously monitored are in Secs. 63.505(g)(1) and
63.1334(f)(1)). The excursion criteria listed in Secs. 63.505(g)(3) and
63.1334(f)(3) depend on the monitoring criteria set out in the storage
vessel's monitoring plan, and do not depend on parameters having been
continuously monitored.
2. Changes Unique to Polymers and Resins I
Section 63.505(h). The change that the EPA is proposing in
Sec. 63.505(h) is to add the reminder that ``For each excursion, the
owner or operator shall be deemed out of compliance with the provisions
of this subpart, except as provided in paragraph (i) of this section,''
to the end of Sec. 63.505(h), to account for the decision to
``reserve'' Sec. 63.505(f), which, at promulgation, included the
concept of excused excursions in back-end operations.
3. Changes Unique to Polymers and Resins IV
Section 63.1334(f)(4) through (7). The EPA is proposing to add
these four
[[Page 11597]]
paragraphs to address four other events that the EPA considers to be
``excursions.'' Briefly, these proposed ``excursion'' descriptions
include: (1) Instances when the mass emission rate exceeds the
appropriate mass emissions per mass product at a continuous process
vent complying with the mass emissions per mass product requirements in
Sec. 63.1315; (2) instances when the mass emission rate exceeds the
appropriate mass emissions per mass product at a continuous process
vent complying with the mass emissions per mass product requirements in
Sec. 63.1316; (3) instances when the daily average exit temperature
exceeds the appropriate condenser temperature limit at a continuous
process vent complying with the temperature limits for final
condensers; and (4) instances when the percent reduction is less than
84 percent at a new affected source producing SAN using a batch
process.
Q. General Recordkeeping and Reporting--Proposed Changes to
Secs. 63.506 and 63.1335
1. Changes Common to Polymers and Resins I and IV
Sections 63.506(a) and 63.1335(a). Under the changes proposed to
Secs. 63.506(a) and 63.1335(a), the EPA is proposing to remove the
requirement for an owner or operator to maintain copies of reports, if
those reports were required to be submitted to the EPA and have been
submitted to the appropriate EPA Regional Office. In addition, under
the proposed amendments, if the EPA Regional Office has waived the
requirement for submittal of reports to the Region, the owner or
operator is not required to maintain copies of those reports. These
revisions are being proposed due to industry's concern that misplacing
a copy of a report would be a violation, even though the report had
been properly submitted to the EPA. This was not the EPA's intent.
The proposed revisions to Secs. 63.506(a) and 63.1335(a) are also
intended to reduce the volume of records that must be stored on-site.
Industry representatives have expressed concern that on-site storage is
often limited and more costly than off-site storage. Under the
promulgated versions of subparts U and JJJ, the most recent 5 years of
records were required to be kept, but the rules were silent on where
these records could be stored. These proposed revisions would specify
that at least the most recent 6 months' worth of records be stored on-
site or be available within 2 hours by any means. The remaining 4 and
one half years worth of records may be retained off-site, under these
proposed amendments.
Sections 63.506(b)(1) and 63.1335(b)(1). The HON was silent on the
issue of whether or not monitoring equipment could be ``shut off''
during a start-up, shutdown, or malfunction. The language that the EPA
is proposing to add to Secs. 63.506(b)(1) and 63.1335(b)(1) allows
monitoring equipment to be shutdown during a start-up, shutdown, or
malfunction only if the monitor would be damaged or destroyed as a
result of the start-up, shutdown, or malfunction. The owner or operator
may only do so, however, if they have included a provision in the
Start-up, Shutdown, and Malfunction Plan, setting forth the
circumstances under which monitoring equipment may be shutdown. Getting
such a provision in the Start-up, Shutdown, and Malfunction Plan
requires the owner or operator to submit a request, and rationale
defending the request, in the Precompliance Report or in a supplement
to the Precompliance Report. If the request is not denied by the
Administrator within 45 days after receiving the request, it can then
be incorporated into the Start-up, Shutdown, Malfunction Plan. The
changes described above are contained in the proposed amendments to
Secs. 63.506(b)(1), (e)(3), (e)(3)(i), (e)(3)(viii), and (e)(3)(ix),
and 63.1335(b)(1), (e)(3), (e)(3)(i), (e)(3)(viii), and (e)(3)(ix).
These proposed changes are meant to strike a balance between the
EPA's decision to require that monitoring data be collected at all
relevant times and industry's concern that valuable monitoring
equipment could be damaged during a start-up, shutdown, or malfunction.
The proposed changes are intended to provide protection for monitoring
equipment during those periods, while providing the EPA with assurance
that monitoring equipment is not being ``shut off'' indiscriminately.
Under another proposed change to Secs. 63.506(b)(1) and
63.1335(b)(1), text related to incorporating the Start-up, Shutdown,
and Malfunction Plan into the operating permit has been removed.
Because the Start-up, Shutdown, and Malfunction Plan is meant to be a
document that can be easily changed to account for new start-up,
shutdown, and malfunction situations, the burden of including the plan
in the operating permit (thereby requiring a modification to the
operating permit to include new start-up, shutdown, and malfunction
situations) was judged to be overly burdensome for subpart U and JJJ
affected sources. For this reason, the EPA is proposing changes to
Secs. 63.506(b)(1) and 63.1335(b)(1) that require owners or operators
to only keep the Start-up, Shutdown, and Malfunction Plan ``on-site,''
rather than requiring that it be ``incorporated by reference'' into the
operating permit, as was done at promulgation.
Sections 63.506(b)(1)(i) and 63.1335(b)(1)(i). In these paragraphs
and their subparagraphs, the EPA is proposing the addition of the
concept that records of the occurrence and duration of start-up,
shutdown, and malfunctions are only required if such periods result in
excess emissions. Consistent with other proposed amendments discussed
in this preamble, the EPA is proposing this change to reduce the
recordkeeping burden upon the owner or operator of an affected source
that has not experienced a violation of the rule. This change is also
intended to protect the owner or operator from being subject to their
Start-up, Shutdown, Malfunction plan during periods when the source is
not operating. The EPA is also proposing to move the promulgated
Secs. 63.506(b)(1)(i)(C) to 63.506(d)(8) and 63.1335(b)(1)(i)(C) to
63.1335(d)(8), because although promulgated Secs. 63.506(b)(1)(i)(C)
and 63.1335(b)(1)(i)(C) contained recordkeeping requirements, they were
not directly related to records that must be kept during periods of
start-up, shutdown, or malfunction.
Sections 63.506(c) and 63.1335(c). The EPA is proposing to
``reserve'' these paragraphs due to the fact that all of the
recordkeeping and reporting requirements that are related to subpart H
of this part (equipment leaks) are now specified elsewhere in subparts
U and JJJ (primarily in Secs. 63.502, 63.1331, 63.506, 63.1335, table 8
of subpart U, and table 9 of subpart JJJ).
Sections 63.506(d) and 63.1335(d). In Secs. 63.506(d) and
63.1335(d), the EPA is proposing to add language clarifying the
recordkeeping requirements for owners and operators of storage vessels
(which may or may not require continuous recordkeeping, as described in
Secs. 63.484(k) and 63.1314(a)(9)). Other minor edits are being
proposed, to improve the clarity of the subparagraphs under
Secs. 63.506(d) and 63.1335(d), as explained briefly below.
Sections 63.506(d)(3) and 63.1335(d)(3). Minor edits are being
proposed to improve the clarity of these paragraphs. The EPA is
proposing to add the phrase ``except as specified in paragraph (d)(7)
of this section'' to the requirement to calculate daily average values
and batch cycle daily average values as the average of all recorded
parameter values, in Secs. 63.506(d)(3)(i)
[[Page 11598]]
and 63.1335(d)(3)(i). In addition, the EPA is proposing to add the
phrase ``for purposes of determining daily average values or batch
cycle daily average values of monitored parameters'' to the requirement
to establish the source's ``operating day'' in Secs. 63.506(d)(3)(ii)
and 63.1335(d)(3)(ii).
Sections 63.506(d)(4) and (5) and 63.1335(d)(4) and (5). The EPA is
proposing to ``reserve'' these two paragraphs to correct an error in
the promulgated rule. In response to public comment, the EPA reduced
the burden of the recordkeeping requirements described in paragraph
Secs. 63.506(d)(2) and 63.1335(d)(2) for the final rule by no longer
requiring owners or operators to record 15-minute averages. In
promulgating the final rule, the EPA failed to recognize that the
promulgated change to Secs. 63.506(d)(2) and 63.1335(d)(2) made
Secs. 63.506(d)(4) and (5) and Sec. 63.1335(d)(4) and (d)(5)
unnecessary, because Secs. 63.506(d)(2) and 63.1335(d)(2) required the
owner or operator to record either each measured data value or block
average values for 1 hour or shorter periods calculated from all
measured data values during each period. Sections 63.506(a) and
63.1335(a) describe the data retention requirements for subpart U and
JJJ affected sources.
Sections 63.506(d)(6) and 63.1335(d)(6). The EPA is proposing to
change the heading for paragraphs Secs. 63.506(d)(6) and 63.1335(d)(6)
to read ``Records required when all recorded values are within the
established limits'' instead of ``Records required when all recorded
values are in compliance.'' This change is proposed partly because it
is not the ``recorded values'' that are in (or out of) compliance, and
partly because not all periods when recorded values are outside of
established limits are periods of non-compliance (for example, during
excused excursions).
Sections 63.506(d)(7) and 63.1335(d)(7). The EPA is proposing to
revise these paragraphs to clarify that data recorded during periods of
start-up, shutdown, malfunction, or non-operation resulting in
cessation of emissions are not excursions and that data recorded during
those periods are not to be included in any averages under subpart U or
JJJ. The EPA is also requesting comments on the idea of incorporating
similar changes into Sec. 63.1439(d)(7) of subpart PPP, the Polyether
Polyols Production NESHAP.
Sections 63.506(d)(7)-(10) and 63.1335(d)(7)-(10) (promulgated).
The EPA is proposing to remove the requirements that were promulgated
as Secs. 63.506(d)(8) through (10) and 63.1335(d)(8) through (10) to
further reduce the recordkeeping burden associated with subparts U and
JJJ, and (in the case of Secs. 63.506(d)(9) and 63.1335(d)(9)) to
remain consistent with proposed changes to Secs. 63.480(b) and
63.1310(b). The concept that was formerly addressed in
Secs. 63.506(d)(8) and 63.1335(d)(8) is proposed to be incorporated
into Secs. 63.506(d)(7) and 63.1335(d)(7). The proposed amendments to
Secs. 63.480(b) and 63.1310(b); 63.480(f) and 63.1310(f); and
63.506(d)(9) and 63.1335(d)(9) allow owners or operators the option of
providing ``documents on demand,'' in an effort to reduce the
recordkeeping burden associated with subparts U and JJJ.
As discussed previously, the EPA is proposing to move a provision
related to continuous monitoring system recordkeeping that was
promulgated under Secs. 63.506(b)(1)(i)(C) and 63.1335(b)(1)(i)(C) to
63.506(d)(8) and 63.1335(d)(8), respectively. This change is being
proposed because the requirement contained in Secs. 63.506(b)(1)(i)(C)
and 63.1335(b)(1)(i)(C) did not belong in the section on Start-up,
Shutdown, and Malfunction Plans.
Finally, the EPA is proposing to add paragraphs (Secs. 63.506(d)(9)
and 63.1335(d)(9)) which are modified versions of a requirement found
in Sec. 63.10(b)(2)(xii) of the General Provisions. This change is
being proposed as a further measure to reduce the recordkeeping burden
imposed by subparts U and JJJ on owners and operators, by overriding
Sec. 63.10(b) generally, while incorporating the necessary
recordkeeping requirements from Sec. 63.10(b) into subparts U and JJJ,
and omitting those recordkeeping requirements in Sec. 63.10(b) that are
not necessary to adequately ensure compliance with subparts U and JJJ.
Sections 63.506(e) and 63.1335(e). The EPA is proposing to make
promulgated Secs. 63.506(e)(1) and 63.1335(e)(1) into proposed
Secs. 63.506(e) and 63.1335(e), and to reflect the proposed addition of
Table 9 to subparts U and JJJ, which will identify all standard reports
required under these subparts, in the proposed language in
Secs. 63.506(e) and 63.1335(e).
Sections 63.506(e)(1) and 63.1335(e)(1). The EPA is proposing to
add a provision under Secs. 63.506(e)(1) and 63.1335(e)(1) which would
allow for the later submission of any information that is required to
be included in a report under Secs. 63.506(e) and 63.1335(e). The EPA
believes that it is logical and fair to allow owners and operators to
submit new information after the due date of a particular report, if
the information was not known in time for submission in that report.
Proposed paragraphs Secs. 63.506(e)(1)(iii) and 63.1335(e)(1)(iii)
specify the timeframes and mechanisms available to owners and operators
for submitting information for later inclusion in a report.
Sections 63.506(e)(2) and 63.1335(e)(2). The EPA is proposing to
edit this paragraph so that it is clear that reports only need to be
submitted (for each affected source) to the Administrator at the one,
appropriate address listed in Sec. 63.13. As promulgated,
Secs. 63.506(e)(2) and 63.1335(e)(2) could have been interpreted to
mean that all reports had to be sent to all of the addresses listed in
Sec. 63.13.
Sections 63.506(e)(3) and 63.1335(e)(3). The EPA is proposing to
add two other instances (besides those promulgated) of actions that
would require prior approval, to the list of items to be contained in
the Precompliance Report. These additional actions include the intent
to use engineering assessment (instead of the emission estimation
equations) to estimate emissions from a batch emission episode (as
described in Secs. 63.488(b)(6)(i) and 63.1323(b)(6)(i)); and the
intent to include a provision in the Start-up, Shutdown, Malfunction
Plan that would allow specific monitors to cease to collect data during
a start-up, shutdown, or malfunction, if those monitors would be
damaged or destroyed as a result of the start-up, shutdown, or
malfunction (proposed under Secs. 63.506(e)(3)(viii) and
63.1335(e)(3)(viii)). The rationale for requiring these items in the
Precompliance Report has been discussed previously in this Preamble
(under ``Sections 63.506(b)(1) and 63.1335(b)(1).'')
Sections 63.506(e)(3)(i) and 63.1335(e)(3)(i). The EPA is proposing
to add two provisions in paragraphs Secs. 63.1335(e)(3)(i) and
63.506(e)(3)(i). The first specifies that if the Administrator does not
object to a request submitted in the Precompliance Report within 45
days of receiving such a request, that request will be considered to be
``approved'' by the Administrator. This proposed change would provide a
firm date by which the owner or operator would know that the requests
in their Precompliance Report have been approved, and will place the
burden on the EPA to review these reports and respond promptly if
further information is needed. The second specifies that supplements to
the Precompliance Report may be submitted. The EPA is also proposing
[[Page 11599]]
the addition of Secs. 63.506(e)(3)(ix) and 63.1335(e)(3)(ix), to
implement this change. As discussed in relation to the proposed changes
to paragraphs Secs. 63.506(e)(1) and 63.1335(e)(1), the EPA has
determined that it is logical and fair to allow owners and operators to
submit new information after the due date of a particular report, if
the information was not known in time for submission in the original
report.
Sections 63.506(e)(3)(ii) and 63.1335(e)(3)(ii). These proposed
amendments contain a change to Secs. 63.506(e)(3)(ii) and
63.1335(e)(3)(ii) to permit owners and operators to request a
compliance extension (as allowed under Secs. 63.481(e) or 63.1311(e)),
through the Precompliance Report. This proposed change is made to
provide consistency with the proposed changes to Secs. 63.481(e) and
63.1311(e), which incorporate changes based on the promulgated HON
amendments regarding the submittal of compliance extensions.
Sections 63.506(e)(3)(iv) and 63.1315(e)(3)(iv). The EPA proposes
to simplify these paragraphs by collapsing their subparagraphs
(Secs. 63.506(e)(3)(iv)(A) and (B), and 63.1315(e)(3)(iv)(A) and (B)),
which were largely redundant with the parent Secs. 63.506(e)(3)(iv) and
63.1335(e)(3)(iv), into Secs. 63.506(e)(3)(iv) and 63.1335(e)(3)(iv).
Sections 63.506(e)(3)(v) and 63.1335(e)(3)(v). Proposed changes to
Secs. 63.506(e)(3)(v) and 63.1335(e)(3)(v) clarify the original intent
of this paragraph by rearranging the wording of the paragraph. The
proposed change clarifies that the Administrator shall determine
whether the alternative controls are equivalent, or not equivalent, to
the controls required by the standard in accordance with Sec. 63.6(g).
Sections 63.506(e)(3)(vii) and 63.1335(e)(3)(vii). The EPA is
proposing to clarify promulgated Sec. 63.1335(e)(3)(vii) (and to add a
similar paragraph as Sec. 63.506(e)(3)(vii)), by specifying exactly
what needs to be included in the Precompliance Report if an owner or
operator intends to establish parameter monitoring levels using
engineering assessment and/or manufacturer's recommendations. The
promulgated version of Sec. 63.1335(e)(3)(vii) could have been
misinterpreted to require the owner or operator to submit the actual
parameter monitoring level, which would potentially require completion
of performance tests.
Sections 63.506(e)(4) and 63.1335(e)(4). The EPA is proposing
several simplifying word changes (e.g., ``must'' has been changed to
``shall'' throughout Secs. 63.506(e)(4) and 63.1335(e)(4), for
consistency with other sections in subparts U and JJJ) and cross-
reference updates throughout Secs. 63.506(e)(4) and 63.1335(e)(4).
Additional proposed changes to subparagraphs under Secs. 63.506(e)(4)
and 63.1335(e)(4) are described below.
Sections 63.506(e)(4)(ii)(F)(4) and 63.1335(e)(4)(ii)(F)(4). The
EPA is proposing to amend Secs. 63.506(e)(4)(ii)(F)(4) and
63.1335(e)(4)(ii)(F)(4), by cross-referencing the requirements in
Secs. 63.506(e)(7)(ii) and 63.1335(e)(7)(ii), so that these paragraphs
specify how the nominal efficiency is to be reported.
Sections 63.506(e)(4)(ii)(H)(1) and 63.1335(e)(4)(ii)(H)(1). The
EPA is proposing to remove the reference to table 14b from the HON,
because there is no longer a table 14b in the HON.
Sections 63.506(e)(5) and 63.1335(e)(5). The proposed revisions to
this paragraph clarify how owners and operators are expected to handle
the different ``Notification of Compliance Status'' reports that will
be required for emission points with different compliance dates (such
as equipment leaks subject to subpart H of the HON). In all cases, a
Notification of Compliance Status is due within 150 days after any
particular compliance date (or with the first Periodic Report that is
due at least 150 days after the compliance date, for equipment leaks
with compliance dates later than July 31, 1997).
Sections 63.506(e)(5)(i)(A) and 63.1335(e)(5)(i)(A). The EPA is
proposing to amend Secs. 63.506(e)(5)(i)(A) and 63.1335(e)(5)(i)(A), to
clarify the phrase ``any other information.'' The proposed change makes
clear that ``any other information'' only relates to information from
the previous test report and that the information need only be
submitted if the Administrator requests that information. This proposed
change would relieve industry of the burden of trying to anticipate
what ``any other information'' might mean to the EPA.
Sections 63.506(e)(5)(ii) and 63.1335(e)(5)(ii). The EPA is
proposing changes to these paragraphs, in order to clarify the
differences in recordkeeping and reporting requirements for owners and
operators of storage vessels that have elected to conduct continuous
parameter monitoring under Secs. 63.505 and 63.1334, and to clarify the
requirements for owners or operators that have not elected to conduct
continuous parameter monitoring for their storage vessels. At
promulgation, both subparts U and JJJ were unclear regarding the
compliance reporting requirements for owners or operators that have not
elected to conduct continuous parameter monitoring for their storage
vessels (i.e., the promulgated rules provided no specific requirements
for these owners and operators, aside from those that applied to owners
and operators conducting continuous monitoring at their storage
vessels.)
Sections 63.506(e)(5)(vii), (viii), and (ix) and 63.1335(e)(5)(vi),
(vii), and (viii). The EPA is proposing to add cross-references (in
Secs. 63.506(e)(5)(vii) and (viii) and 63.1335(e)(5)(vi) and (vii)) to
the predominant use determination procedures for storage vessels and
recovery operations equipment. The proposed changes to
Secs. 63.506(e)(5)(ix) and 63.1335(e)(5)(viii) update the terminology
(e.g., batch mass limitation) in those paragraphs to match changes
proposed elsewhere in today's action.
Sections 63.506(e)(5)(x), (xi), and (xii) and 63.1335(e)(5)(ix),
(x), and (xi). Proposed Secs. 63.506(e)(5)(x) and 63.1335(e)(5)(ix)
require owners and operators that are subject to proposed paragraphs
Secs. 63.481(k) or 63.1311(m) (provisions addressing overlap with other
regulations for monitoring, recordkeeping, or reporting for combustion,
recovery, or recapture devices) to indicate in the Notification of
Compliance Status which applicable rule the owner or operator will
follow for testing, monitoring, recordkeeping, and reporting
requirements.
Proposed sections 63.506(e)(5)(xi) and 63.1335(e)(5)(x) specify the
reporting requirements for owners and operators choosing to comply with
Sec. 63.132(g), by transferring a Group 1 wastewater stream to an off-
site treatment facility, or to an on-site treatment facility that is
not owned or operated by the owner or operator of the affected source.
Finally, the proposed Secs. 63.506(e)(5)(xii) and 63.1335(e)(5)(xi)
requires owners and operators choosing to implement the reduced
recordkeeping program specified in Secs. 63.506(h)(1) and 63.1335(h)(1)
to notify the Administrator of their election to do so. At
promulgation, no distinct reporting requirements were stated for owners
and operators taking the actions described above.
Sections 63.506(e)(6) and 63.1335(e)(6). The proposed amendments to
this paragraph are intended to assist owners and operators in
differentiating the applicable periodic reporting requirements related
to subparts U and JJJ and any other subpart which subpart U or JJJ
references. Specific Periodic Reporting requirements have been added
related to
[[Page 11600]]
equipment leaks and heat exchange systems. Further, provisions
specifying that monitoring data shall be used to determine compliance
for Group 1 emission points and Group 2 emission points included in
emissions averages have been added to reflect the HON provisions in
Sec. 63.152(c)(2)(ii), after which these paragraphs Secs. 63.506(e)(6)
and 63.1335(e)(6) were modeled.
Sections 63.506(e)(6)(i) and 63.1335(e)(6)(i). These paragraphs
have been changed to clarify that the EPA intended for the ``180-day
period'' discussed to equate to a 6-month period. A similar change has
been made in subsequent paragraphs where necessary.
Sections 63.506(e)(6)(ii) and 63.1335(e)(6)(ii). These paragraphs
have been changed to clarify that the Periodic Report should state that
there were no compliance exceptions, as opposed to making the general
statement that the affected source was in compliance.
Sections 63.506(e)(6)(iii)(B) and (C), and 63.1335(e)(6)(iii)(B)
and (C). The EPA is proposing to clarify, under
Secs. 63.506(e)(6)(iii)(B) and 63.1335(e)(6)(iii)(B), that for
excursions caused by insufficient monitoring data, the owner or
operator must include the start-time and duration of any periods when
monitoring data were not collected. In addition, the EPA is proposing
to ``reserve'' Secs. 63.506(e)(6)(iii)(C) and 63.1335(e)(6)(iii)(C),
because those paragraphs would be unnecessary and redundant, once the
proposed clarification to Secs. 63.506(e)(6)(iii)(B) and
63.1335(e)(6)(iii)(B) has been made.
Sections 63.506(e)(6)(iii)(D)(2) and 63.1335(e)(6)(iii)(D)(2). The
first part of each of these paragraphs have been rewritten to clarify
their intended meaning. The point of confusion was whether or not a
report was required for every process change, even those that result in
a group status change from Group 1 to Group 2. The clarification states
that reports are not required for process changes that result in a
group status change from Group 1 to Group 2; however, the owner or
operator is required to comply with the Group 1 requirements until
notification has been made that the group status has changed from Group
1 to Group 2.
In addition, as was mentioned briefly earlier in this preamble,
because the Notification of Compliance Status is the report in which
compliance (or non-compliance) is ultimately documented, the EPA has
decided that it is not necessary for owners or operators of affected
sources to submit a compliance schedule. For this reason, the EPA is
proposing to remove the term ``compliance schedule'' throughout both
rules (including the titles for Secs. 63.481 and 63.1311), and to
remove all requirements to report information in a ``compliance
schedule'' throughout both rules. In particular, the owner or operator
is no longer required to submit a schedule for compliance with the
applicable provisions after every process change. The provisions for
providing a compliance schedule have also been removed from paragraphs
Secs. 63.506(e)(6)(iii)(D)(2) and 63.1335(e)(6)(iii)(D)(2). However,
this proposed provision does not override other regulations that might
require compliance schedules (e.g., Title V requirements, the Standards
of Performance for VOC Emissions from the Polymers Manufacturing
Industry, or reasonably available control technology (RACT) standards).
Sections 63.506(e)(6)(iii)(D)(5) and 63.1335(e)(6)(iii)(D)(4). The
EPA is proposing to add these paragraphs requiring reports of changes
in the identity of treatment facilities receiving wastewater streams
under Sec. 63.132(g) of the HON.
Sections 63.506(e)(6)(iv) and 63.1335(e)(6)(iv). These paragraphs
were rewritten to clarify the intended meaning. These paragraphs also
reflect the change in terminology from ``batch cycle limitation'' to
``batch mass input limitation.''
Sections 63.506(e)(6)(vi) and 63.1335(e)(6)(vi). The EPA is
proposing to amend these paragraphs for greater clarity and so that
they are consistent with the proposed changes to Secs. 63.480(f) and
63.1310(f).
Sections 63.506(e)(6)(vii) and (viii) and 63.1335(e)(6)(vii) and
(viii). The EPA is proposing to amend Secs. 63.506(e)(6)(vii) and
(viii) and 63.1335(e)(6)(vii) and (viii) to replace the term
``belonging to'' with the term ``assigned to'' in order to reflect the
changes proposed in Secs. 63.480(g) and (h) and 63.1310(g) and (h).
Promulgated Secs. 63.506(e)(6)(ix) and 63.1335(e)(6)(ix). The EPA
is proposing to remove promulgated Secs. 63.506(e)(6)(ix) and
63.1335(e)(6)(ix) to prevent any implication that two separate Periodic
Reports are due, when in fact the requirement is for a single report
containing information related to both equipment leak components and
other emission points.
Proposed Secs. 63.506(e)(6)(ix) and (x) and 63.1335(e)(6)(ix) and
(x). The EPA is proposing to add Secs. 63.506(e)(6)(ix) and (x) and
63.1335(e)(6)(ix) and (x) to include notification requirements already
required by the promulgated rules (in Secs. 63.506(h)(1) and (2) and
63.1335(h)(1) and (2)), but not previously listed under
Secs. 63.506(e)(6) and 63.1335(e)(6).
Proposed Secs. 63.506(e)(6)(xii) and 63.1335(e)(6)(xii). The EPA is
proposing to reorganize and rewrite promulgated Secs. 63.506(e)(6)(xi)
and 63.1335(e)(6)(xi) as Secs. 63.506(e)(6)(xii) and
63.1335(e)(6)(xii). In particular, the EPA is proposing to revise
Secs. 63.506(e)(6)(xii)(A)(1) and 63.1335(e)(6)(xii)(A)(1), to state
that quarterly reports are required if ``a control or recovery device
for a particular emission point or process section'' has more
excursions than the number of excused excursions, instead of stating
that quarterly reports are required if ``an emission point has any
excursions,'' as was done at promulgation.
In addition, the EPA is proposing to move the provision that was
proposed under Secs. 63.506(e)(6)(xii)(D) and 63.1335(e)(6)(xii)(D),
allowing the Administrator to request quarterly reports for emission
points or process sections of concern, to Secs. 63.506(e)(6)(xii)(A)(2)
and 63.1335(e)(6)(xii)(A)(2). The EPA is also proposing changes to
Secs. 63.506(e)(6)(xii)(D) and 63.1335(e)(6)(xii)(D), which clarify
that, after submitting quarterly reports for one year ``without more
excursions occurring (during that year) than the number of excused
excursions allowed * * *'' the owner or operator may return to
semiannual reporting. The proposed rule simply read ``for 1 year,''
without clarifying that if additional unexcused excursions occurred
during that year, the owner or operator would again be required to
submit quarterly reports for the year following those most recent,
unexcused excursions.
Proposed Secs. 63.506(e)(6)(xii)(E) and 63.1335(e)(6)(xii)(E). The
EPA is proposing to remove promulgated Secs. 63.506(e)(6)(xi)(E) and
63.1335(e)(6)(xi)(E) and to move the statement concerning the use of
monitoring data to determine compliance to the introductory paragraphs
Secs. 63.506(e)(6) and 63.1335(e)(6), because the EPA believes that it
is more appropriate to make this statement at the beginning of
Secs. 63.506(e)(6) and 63.1335(e)(6), than to leave it back in
Secs. 63.506(e)(6)(xi)(E) and 63.1335(e)(6)(xi)(E). In addition,
addressing the issue of monitoring requirements in Secs. 63.506(e)(6)
and 63.1335(e)(6) allows the EPA to point out that owners and operators
of storage vessels to which the provisions of Secs. 63.505 or 63.1334
do not apply must instead comply with the requirements laid out in
their own individual monitoring plans for those emission
[[Page 11601]]
points. The proposed rules were silent on this last point.
Sections 63.506(e)(7)(ii) and 63.1335(e)(7)(ii). The EPA is
proposing to add text to Secs. 63.506(e)(7)(ii) and 63.1335(e)(7)(ii),
clarifying the difference between requests associated with the initial
Emissions Averaging Plan and requests made after submittal of the
initial Emissions Averaging Plan.
Sections 63.506(e)(7)(iv) and 63.1335(e)(7)(iii). The EPA is
proposing to add these paragraphs to include a notification discussed
in paragraphs Secs. 63.480(f) and 63.1310(f), for owners and operators
experiencing a change in primary product at an affected process unit.
Sections 63.506(e)(7)(v) and 63.1335(e)(7)(iv). The EPA is
proposing to add these paragraphs to specify the report required when
an EPPU/TPPU or emission point(s) is added to an existing affected
source under Secs. 63.480(i) and 63.1310(i). The promulgated rules did
not include specific reporting requirements for such situations. At
promulgation, the only reporting requirement associated with the
addition of an EPPU/TPPU or an emission point was the requirement that
was contained in Secs. 63.480(i)(2)(iii) and 63.1310(i)(2)(iii) (both
of which the EPA has proposed removing in today's action), pertaining
to establishing a new compliance date for the added emission point. As
explained earlier during the discussion of that proposed deletion,
Secs. 63.480(i)(2)(ii) and 63.1310(i)(2)(ii) now specify the compliance
dates pertaining to all newly added emission points.
Sections 63.506(g)(3) and 63.1335(g)(3). The EPA is proposing to
remove the parenthetical phrase ``for example, once every 15 minutes''
as it relates to records of measurement, since the term ``set
frequency'' is sufficiently clear. In addition, the EPA is proposing to
edit Secs. 63.506(g)(3)(i)(A) and 63.1335(g)(3)(i)(A), to clarify that
an operating parameter value reading (but not a record) must be taken
at least once during every 15 minute period.
Sections 63.506(h) and 63.1335(h). These paragraphs have been
reorganized and rewritten to clarify the intended meaning, by
simplifying language, adding cross-references, and giving more specific
guidance regarding the retention period for monitoring system
descriptions. Changes have also been made to Secs. 63.506(h)(1) and
63.1335(h)(1) pointing out that the notification required by these
paragraphs must be made in the Notification of Compliance Status or in
the next Periodic Report. Further, the EPA is proposing to add
paragraphs Secs. 63.506(h)(1)(vi)(D) and 63.1335(h)(1)(vi)(D) to
describe the recordkeeping requirement for the description of the
monitoring system. Under proposed Secs. 63.506(h)(1)(vi)(D) and
63.1335(h)(1)(vi)(D), owners and operators are required to retain
current descriptions of monitoring systems on-site, or those
descriptions may be accessible from a central location by computer or
other means that provides access to the description within 2 hours
after a request. The proposed requirements also state that all
superseded descriptions must be retained for at least 5 years after the
date of their creation, although they may be stored off-site once they
have been superseded by a more current description for 6 months or
more.
2. Changes Unique to Polymers and Resins I
Section 63.506(d)(2). The EPA is proposing to re-structure
Sec. 63.506(d)(2) by combining the three subparagraphs into one
paragraph (to reduce redundancy). In addition, the EPA is proposing to
reduce the recordkeeping burden imposed by the promulgated paragraph
Sec. 63.506(d)(2)(iii), by removing the requirement to keep records of
all batch cycle averages and batch emission episode averages. As long
as a record of each measured data value is maintained, batch cycle
averages and batch emission episode averages can always be re-
calculated.
Section 63.506(e)(4)(ii)(N). The EPA is proposing to add this
provision which should have been included in subpart U at promulgation,
and is included in the parallel emissions averaging provisions in the
HON and subpart JJJ. The proposed paragraph specifies that emissions
from emission points to be included in an emissions average must not
result in greater hazard or, at the option of the Administrator,
greater risk to human health or the environment than those emissions
from those emissions points would have created if they were not
included in the emissions average. The purpose of emissions averaging
is to give greater flexibility to affected sources in meeting MACT
requirements. It was never intended to reduce the level of
environmental protection that the standards would otherwise provide.
Section 63.506(e)(4)(iv)(C). The EPA is proposing to add another
paragraph that was inadvertently left out of subpart U at promulgation.
This proposed paragraph establishes the deadline for submitting an
update to an Emissions Averaging Plan.
Section 63.506(e)(5)(iv). The EPA is proposing to ``reserve'' this
paragraph, because the requirements in Sec. 63.506(e)(5)(iv) were
duplicative of those in Sec. 63.506(e)(5)(ix), in that only owners of
Group 2 batch front-end process vents (as opposed to Group 1 batch
front-end process vents) are required to determine a limitation for
batch front-end process vents.
Section 63.506(e)(6)(iii)(D)(4). The EPA is proposing this change
to clarify that notification is only required if a change in the
standard operating procedure required by Sec. 63.500 has the potential
for increasing the concentration of carbon disulfide in the crumb dryer
exhaust.
Section 63.506(e)(7)(iii). This paragraph was rewritten to clarify
the intended meaning (i.e., that compliance redetermination reports for
back-end processes that have experienced a process change (as described
in Sec. 63.499(d)) are due within 180 days after the process change has
occurred.)
3. Changes Unique to Polymers and Resins IV
Proposed Sec. 63.1335(b)(1)(i)(C). The EPA is proposing to change
this paragraph to be consistent with the HON, after which these
provisions are modeled. At promulgation, this paragraph attempted to
exempt some Group 2 emission points included in an emissions average
from the requirement to keep records related to start-up, shutdown, or
malfunction occurrences. However, the HON provisions do not make such a
distinction, and the EPA has determined that these records are
necessary for all emission points included in an emissions average.
Therefore, the EPA is proposing to change this paragraph to reflect the
language that appears in the HON provisions ('63.103(c)(3)), as well as
in subpart U (proposed (63.506(b)(1)(i)(C)).
Section 63.1335(b)(2). The proposed change to this paragraph
corrects an omission made in the promulgated rule. The change specifies
that the provisions of Sec. 63.5(d)(1)(iii) do not apply for purposes
of this subpart. Section 63.5(d)(1)(iii) discusses Notification of
Compliance Status requirements, and the proposed change clarifies that
the provisions in this subpart are to be followed with regard to the
Notification of Compliance Status.
Promulgated Sec. 63.1335(e)(8)(ii). The EPA is proposing to remove
this paragraph to correct an error in the promulgated rule, which was
that the promulgated rule required the Notification of Compliance
Status to be included in the operating permit application. Because the
operating permit application may be submitted well before the
Notification of
[[Page 11602]]
Compliance Status is due, and because not all of the information
required to be submitted in the Notification of Compliance Status is
appropriate for submittal in the operating permit application, the EPA
is proposing to remove promulgated Sec. 63.1335(e)(8)(ii).
Section 63.1335(g). The EPA is proposing to remove the phrase
``'63.1314 for storage vessels'' from this paragraph because storage
vessels are not always subject to continuous monitoring, as this phrase
might suggest.
R. The Tables
1. Changes Common to Polymers and Resins I and IV
Table 1 of subpart U and Table 1 of subpart JJJ. The EPA is
proposing several changes to these tables (which discuss the
applicability of the General Provisions to subpart U and subpart JJJ
affected sources) in order to clarify the applicability of the General
Provisions to these subparts, giving more detail than the promulgated
rule did, in many instances. The EPA is also proposing to amend these
tables to recognize when the General Provisions are consistent with
subparts U and JJJ. For instance, under ``63.1(a)(10),'' these tables
formerly stated ``No,'' for applicability to subparts U and JJJ;
however, the tables now say ``Yes,'' since the provisions in
Sec. 63.1(a)(10) are consistent with the approach taken in subparts U
and JJJ. The EPA believed that it might be confusing to owners and
operators to read ``No'' under this table, and yet notice that the
requirements in Sec. 63.1(a)(10) are consistent with proposed
Secs. 63.481(m) and 63.1311(o).
In addition, many of the changes proposed for table 1 of subpart U
and table 1 of subpart JJJ are corrections. In particular, the EPA
neglected to consider the equipment leak provisions in creating the
promulgated version of table 1, and the proposed amendments add several
exemptions and clarifications of applicability that are related to the
equipment leak provisions in subparts U and JJJ. In general, the
proposed changes to table 1 incorporate proposed changes to subparts U
and JJJ, which have already been discussed in this preamble.
Table 6 in subpart U and Table 7 in subpart JJJ. The EPA is
proposing the following changes to these tables: (1) Changing the
titles to each table to include ``aggregate batch vent streams''; (2)
replacing the terms ``temperature'' and ``pH'' with the term ``value,''
where temperature or pH is not the only parameter being monitored; (3)
clarifying that all pilot flames at a particular flare must be absent
in order to trigger the recordkeeping and reporting requirements in
these tables; (4) including ``gas rate'' as a parameter to be monitored
for scrubbers for halogenated batch process vents or aggregate batch
vent streams; (5) requiring the recording and reporting of the
``liquid/gas ratio'' instead of the ``liquid flow rate'' at scrubbers
for halogenated batch process vents or aggregate batch vent streams;
and (5) requiring that records be kept of all ``diversions'' rather
than ``flow'' and that records and reports be required for all monthly
inspections that indicate that a valve was ``in the diverting
position'' (rather than ``closed'') or that a seal was ``broken''
(rather than ``changed'').
Table 7 in subpart U and Table 8 of subpart JJJ. The EPA is
proposing several clarifying changes and corrections to these two
tables. In the proposed amendments to these tables, the proposed
parameter monitoring requirements are more specific than the
promulgated requirements with regard to flow rates. In particular, the
EPA is proposing to replace the term ``total regeneration stream mass
flow'' with the term ``total regeneration steam flow or nitrogen flow,
or pressure (gauge or absolute).'' In addition, the EPA is proposing a
correction under the entry for ``established operating parameters'' for
absorbers, by changing ``minimum temperature and minimum specific
gravity'' to ``maximum temperature and maximum specific gravity.'' Upon
review of this provision, the EPA determined that the promulgated rule
incorrectly called for the parameters to be ``minimums'' instead of
``maximums,'' in this instance. The EPA believes this change is
necessary because the temperature and specific gravity of the absorbing
liquid should be subject to a limit that ensures that the gas will be
absorbed by the absorbing liquid.
Table 9 to subpart U and Table 9 to subpart JJJ. The EPA is
proposing to add Table 9 to both subparts U and JJJ, to describe the
routine reports required under these subparts, along with their general
``due dates.'' These tables are intended to be of assistance to owners
or operators, but are not necessarily ``all-inclusive'' of every report
that might be required under special circumstances under subpart U or
JJJ.
2. Changes Unique to Polymers and Resins I
Table 2 of subpart U. The EPA is proposing one correction to this
table. At promulgation, the table stated that Secs. 63.102 through
63.109 of subpart F of the HON did not apply to subpart U. However, the
promulgated rule (under Sec. 63.502(f)) required that owners and
operators comply with the requirements in Sec. 63.104 of the HON for
heat exchange systems. Because the latter more accurately represents
the EPA's intent (that owners and operators of subpart U affected
sources comply with the heat exchange system provisions in
Sec. 63.104), the EPA is proposing to edit table 2 to state ``yes'' for
Sec. 63.104. A few other cross-reference corrections and updates are
also being proposed in this table.
Table 8 to subpart U. For the reasons described above under Section
II.D of this notice, the EPA is proposing to change the term ``batch
stripper'' to ``a stripper operated in batch mode,'' and to change the
term ``continuous stripper'' to ``a stripper operated in continuous
mode,'' in table 8 of subpart U.
3. Changes Unique to Polymers and Resins IV
Table 3 of subpart JJJ. Due to potential confusion over the
promulgated version of this table, the EPA is proposing to amend it to
make it clear that for Group 1 storage vessels at existing polystyrene
continuous processes, the vessel capacity and vapor pressure
specifications pertain to all chemicals used in those processes. In
addition, the EPA is proposing to correct the specification for vessel
capacity for these same storage vessels, so that the requirement reads
``<75.7'' cubic meters instead of also listing a lower limit of
``38'' cubic meters. The EPA believes that, since the
definition of ``storage vessel'' contained in Sec. 63.1312 excludes
vessels with capacities smaller than 38 cubic meters, it is unnecessary
to note that lower cutoff in this table for storage vessels assigned to
existing polystyrene continuous processes.
Table 5 of subpart JJJ. Several technical corrections to Table 5 in
subpart JJJ are being proposed. Table 5 describes specifications for
Group 1 storage vessels at new affected sources producing particular
thermoplastics (e.g., styrene acrylonitrile resin (SAN)). At
promulgation, there was a typographical error in the second set of
applicability criteria, which applied to SAN Group 1 storage vessels.
This set of applicability criteria incorrectly described a storage
vessel as having vapor pressure greater than or equal to 0.7
kilopascals and greater than or equal to 10 kilopascals; this should
have read ``vapor pressure greater than or equal to 0.7 kilopascals and
less than 10 kilopascals.'' However, other technical corrections have
removed this set of
[[Page 11603]]
applicability criteria from Table 5. Table 5 now indicates three sets
of applicability criteria and includes a footnote designating the
control level for each set of applicability criteria. At promulgation,
two of the sets of criteria for Group 1 storage vessels at SAN new
affected sources (i.e., the second and fourth sets) overlapped. As
shown below, they covered the same capacity range, and the vapor
pressure ranges overlapped:
Capacity 151 and 0.7 vapor pressure < 10
Capacity 151 and vapor pressure 10
These two sets of applicability criteria have been simplified to the
one set of applicability criteria shown below:
Capacity 151 and vapor pressure 0.7
The EPA is also proposing to remove the notation ``vp'' from the column
including vapor pressure specifications, because that notation was used
inconsistently in that column, and because it was unnecessary.
Table 6 of subpart JJJ. At promulgation, two capital letter ``A'''s
were inadvertently printed in front of each of the acronyms, where they
were defined at the bottom of table 6. The EPA proposes to correct this
error in these amendments.
III. 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 proposed 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, with the exception of
interagency review materials, will serve as the 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 neither the proposed amendments to the
Polymers and Resins I rule, nor the proposed amendments to the Polymers
and Resins IV rule qualify as a ``significant regulatory action'' under
the terms of Executive Order 12866 and, therefore, are not subject to
review by the Office of Management and Budget.
C. Executive Order 12875: Enhancing Intergovernmental Partnerships
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or the EPA consults with those governments. If the EPA
complies by consulting those governments, the Executive Order requires
the 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 proposed amendments to subpart U do not create a mandate on
State, local, or tribal governments, nor do the proposed amendments to
subpart JJJ. These proposed amendments do not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to the proposed amendments to
either of these rules.
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 the EPA
consults with those governments. If the EPA complies by consulting with
those governments, the Executive Order requires the 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.''
Neither today's proposed amendments to subpart U nor those to
subpart JJJ impose any duties or compliance costs on Indian tribal
governments. Further, the proposed amendments provided herein do 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 proposed amendments do
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 these proposed amendments.
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
[[Page 11604]]
governments that may be significantly or uniquely affected by the rule.
The EPA has determined that neither the proposed amendments to
subpart U nor the proposed amendments to subpart JJJ 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 these proposed amendments
do not significantly or uniquely impact small governments, because they
contain 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 these rules, 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 these proposed amendments.
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. These proposed amendments would not have a significant
impact on a substantial number of small entities, because they impose
no additional regulatory requirements on owners or operators of
affected sources. Therefore, the EPA certifies that these actions will
not have a significant economic impact on a substantial number of small
entities.
G. Paperwork Reduction Act
For both the Group I and Group IV Polymers and Resins NESHAP, the
information collection requirements (ICR) were submitted to the Office
of Management and Budget (OMB) under the Paperwork Reduction Act. At
promulgation, OMB had already approved the information collection
requirements for the Group IV Polymers and Resins NESHAP and assigned
those standards the OMB control number 2060-0351. Subsequently, the OMB
approved the information collection requirements for the Group I
Polymers and Resins NESHAP, and on July 15, 1997 (62 FR 37720) the OMB
control number 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, Section 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 proposal 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. These proposed amendments are
not subject to Executive Order 13045 because they do not establish an
environmental standard intended to mitigate health or safety risks.
I. 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.
The proposed amendments to subpart U and subpart JJJ do not involve
the proposal of any new technical standards. The EPA welcomes comments
on this aspect of these proposed amendments 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 in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: February 10, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of title 40,
chapter I of the Code of Federal Regulations is proposed to be amended
as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart U--National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins
2. Section 63.480 is amended:
a. By revising paragraphs (a), (b), (c), (d), (e), (f), (g)
introductory text, (g)(1) through (g)(4), (g)(6), (g)(7), (g)(8), (h)
introductory text, (h)(1) through (h)(4), (h)(6), (h)(7), (i)(1),
(i)(2)(i) introductory
[[Page 11605]]
text, (i)(2)(i)(A), and (i)(2)(ii), (i)(3), (i)(4), (i)(5), and (j);
b. Removing paragraph (i)(2)(iii); and
c. Adding paragraph (i)(6), to read as follows:
Sec. 63.480 Applicability and designation of affected sources.
(a) Definition of affected source. The provisions of this subpart
apply to each affected source. Affected sources are described in
paragraphs (a)(1) through (a)(4) of this section.
(1) An affected source is either an existing affected source or a
new affected source. Existing affected source is defined in paragraph
(a)(2) of this section, and new affected source is defined in paragraph
(a)(3) of this section.
(2) An existing affected source is defined as each group of one or
more elastomer product process units (EPPU) and associated equipment,
as listed in paragraph (a)(4) of this section, that is not part of a
new affected source, as defined in paragraph (a)(3) of this section,
that is manufacturing the same primary product and that is located at a
plant site that is a major source.
(3) A new affected source is defined as something that meets the
criteria of paragraph (a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this
section. The situation described in paragraph (a)(3)(i) of this section
is distinct from those situations described in paragraphs (a)(3)(ii)
and (a)(3)(iii) of this section and from any situation described in
paragraph (i) of this section.
(i) At a site without HAP emission points before June 12, 1995
(i.e., a ``greenfield'' site), each group of one or more EPPU and
associated equipment, as listed in paragraph (a)(4) of this section,
that is manufacturing the same primary product and that is part of a
major source on which construction commenced after June 12, 1995;
(ii) A group of one or more EPPU meeting the criteria in paragraph
(i)(1)(i) of this section; or
(iii) A reconstructed affected source meeting the criteria in
paragraph (i)(2)(i) of this section.
(4) Emission points and equipment. The affected source also
includes the emission points and equipment specified in paragraphs
(a)(4)(i) through (a)(4)(iv) of this section that are associated with
each applicable group of one or more EPPU constituting an affected
source.
(i) Each waste management unit.
(ii) Maintenance wastewater.
(iii) Each heat exchange system.
(iv) Equipment required by, or utilized as a method of compliance
with, this subpart which may include control devices and recovery
devices.
(5) EPPUs and associated equipment, as listed in paragraph (a)(4)
of this section, that are located at plant sites that are not major
sources are neither affected sources nor part of an affected source.
(b) EPPUs without organic HAP. The owner or operator of an EPPU
that is part of an affected source, as defined in paragraph (a) of this
section, but that does not use or manufacture any organic HAP shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section. Such an EPPU is not subject to any other provision of
this subpart and is not required to comply with the provisions of
subpart A of this part.
(1) Retain information, data, and analyses used to document the
basis for the determination that the EPPU does not use or manufacture
any organic HAP. Types of information that could document this
determination include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
(2) When requested by the Administrator, demonstrate that the EPPU
does not use or manufacture any organic HAP.
(c) Emission points not subject to the provisions of this subpart.
The affected source includes the emission points listed in paragraphs
(c)(1) through (c)(9) of this section, but these emission points are
not subject to the requirements of this subpart or to the provisions of
subpart A of this part.
(1) Equipment that does not contain organic HAP and is located at
an EPPU that is part of an affected source;
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
(7) Water from testing of firefighting systems;
(8) Vessels and equipment storing and/or handling material that
contains no organic HAP or organic HAP as impurities only; and
(9) Equipment that is intended to operate in organic HAP service
for less than 300 hours during the calendar year.
(d) Processes exempted from the affected source. Research and
development facilities are exempted from the affected source.
(e) Applicability determination of elastomer equipment included in
a process unit producing a non-elastomer product. If an elastomer
product that is subject to this subpart is produced within a process
unit that is subject to subpart JJJ of this part, and at least 50
percent of the elastomer is used in the production of the product
manufactured by the subpart JJJ process unit, the unit operations
involved in the production of the elastomer are considered part of the
process unit that is subject to subpart JJJ, and not this subpart.
(f) Primary product determination and applicability. An owner or
operator of a process unit that produces or plans to produce an
elastomer product shall determine if the process unit is subject to
this subpart in accordance with this paragraph. The owner or operator
shall initially determine whether a process unit is designated as an
EPPU and subject to the provisions of this subpart in accordance with
either paragraph (f)(1) or (f)(2) of this section. The owner or
operator of a flexible operation unit that was not initially designated
as an EPPU, but in which an elastomer product is produced, shall
conduct an annual re-determination of the applicability of this subpart
in accordance with paragraph (f)(3) of this section. Owners or
operators that anticipate the production of an elastomer product in a
process unit that was not initially designated as an EPPU, and in which
no elastomer products are currently produced, shall determine if the
process unit is subject to this subpart in accordance with paragraph
(f)(4) of this section. Paragraphs (f)(3) and (f)(5) through (f)(7) of
this section discuss compliance only for flexible operation units.
Other paragraphs apply to all process units, including flexible
operation units, unless otherwise noted. Paragraph (f)(8) of this
section contains reporting requirements associated with the
applicability determinations. Paragraphs (f)(9) and (f)(10) describe
criteria for removing the EPPU designation from a process unit.
(1) Initial Determination. The owner or operator shall initially
determine if a process unit is subject to the provisions of this
subpart based on the primary product of the process unit in accordance
with paragraphs (f)(1)(i) through (iii) of this section. If the process
unit never uses or manufactures any organic HAP, regardless of the
outcome of the primary product determination, the only requirements of
this subpart that might apply to the process unit are contained in
paragraph (b) of this section. If a flexible operation unit does not
use or manufacture any organic HAP during the manufacture of one or
more products, paragraph (f)(5)(i) of this section applies to that
flexible operation unit.
[[Page 11606]]
(i) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
(ii) If a process unit produces more than one intended product at
the same time, the primary product shall be determined in accordance
with paragraph (f)(1)(ii)(A) or (B) of this section.
(A) The product for which the process unit has the greatest annual
design capacity on a mass basis shall represent the primary product of
the process unit, or
(B) If a process unit has the same maximum annual design capacity
on a mass basis for two or more products, and if one of those products
is an elastomer product, then the elastomer product shall represent the
primary product of the process unit.
(iii) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (f)(1)(iii)(A) or (B) of this section based on the
anticipated operations for the 5 years following September 5, 1996 at
existing process units, or for the first year after the process unit
begins production of any product for new process units. If operations
cannot be anticipated sufficiently to allow the determination of the
primary product for the specified period, applicability shall be
determined in accordance with paragraph (f)(2) of this section.
(A) If the flexible operation unit will manufacture one product for
the greatest operating time over the specified five year period for
existing process units, or the specified one year period for new
process units, then that product shall represent the primary product of
the flexible operation unit.
(B) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest expected production on a mass basis over the specified five
year period for existing process units, or the specified one year
period for new process units shall represent the primary product of the
flexible operation unit.
(iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this
section, the primary product of a process unit is an elastomer product,
then that process unit shall be designated as an EPPU. That EPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other EPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. If the primary product of a
process unit is determined to be a product that is not an elastomer
product, then that process unit is not an EPPU.
(2) If the primary product cannot be determined for a flexible
operation unit in accordance with paragraph (f)(1)(iii) of this
section, applicability shall be determined in accordance with this
paragraph.
(i) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, but can
determine that an elastomer product is not the primary product, then
that flexible operation unit is not an EPPU.
(ii) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, and cannot
determine that an elastomer product is not the primary product as
specified in paragraph (f)(2)(i) of this section, applicability shall
be determined in accordance with paragraph (f)(2)(ii)(A) or
(f)(2)(ii)(B) of this section.
(A) If the flexible operation unit is an existing process unit, the
flexible operation unit shall be designated as an EPPU if an elastomer
product was produced for 5 percent or greater of the total operating
time of the flexible operation unit since March 9, 1999. That EPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other EPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a flexible operation
unit that is designated as an EPPU in accordance with this paragraph,
the elastomer product produced for the greatest amount of time since
March 9, 1999 shall be designated as the primary product of the EPPU.
(B) If the flexible operation unit is a new process unit, the
flexible operation unit shall be designated as an EPPU if the owner or
operator anticipates that an elastomer product will be manufactured in
the flexible operation unit at any time in the first year after the
date the unit begins production of any product. That EPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other EPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a process unit that is
designated as an EPPU in accordance with this paragraph, the elastomer
product that will be produced shall be designated as the primary
product of the EPPU. If more than one elastomer product will be
produced, the owner or operator may select which elastomer product is
designated as the primary product.
(3) Annual Applicability Determination for non-EPPUs that have
produced an elastomer product. Once per year beginning September 5,
2001, the owner or operator of each flexible operation unit that is not
designated as an EPPU, but that has produced an elastomer product at
any time in the preceding five-year period or since the date that the
unit began production of any product, whichever is shorter, shall
perform the evaluation described in paragraphs (f)(3)(i) through
(f)(3)(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time over which the product was produced during the preceding five-year
period.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
preceding five-year period.
(iii) If the primary product identified in paragraph (f)(3)(ii) is
an elastomer product, the flexible operation unit shall be designated
as an EPPU. The owner or operator shall notify the Administrator no
later than 45 days after determining that the flexible operation unit
is an EPPU, and shall comply with the requirements of this subpart in
accordance with paragraph (i)(1) of this section for the flexible
operation unit.
(4) Applicability determination for non-EPPUs that have not
produced an elastomer product. The owner or operator that anticipates
the production of an elastomer product in a process unit that is not
designated as an EPPU, and in which no elastomer products have been
produced in the previous 5 year period or since the date that the
process unit began production of any product, whichever is shorter,
shall determine if the process unit is subject to this subpart in
accordance with paragraphs (f)(4)(i) and (ii) of this section. Also,
owners or operators who have notified the Administrator that a process
unit is not an EPPU in accordance with paragraph (f)(9) of this
section, that now anticipate the production of an elastomer product in
the process unit, shall determine if the process unit is subject to
this subpart in accordance with paragraphs (f)(4)(i) and (ii) of this
section.
[[Page 11607]]
(i) The owner or operator shall use the procedures in paragraph
(f)(1) or (f)(2) of this section to determine if the process unit is
designated as an EPPU, with the following exception: for existing
process units that are determining the primary product in accordance
with paragraph (f)(1)(iii) of this section, or that are determining
applicability in accordance with paragraph (f)(2) of this section,
production shall be projected for the five years following the date
that the owner or operator anticipates initiating the production of an
elastomer product, instead of the five years following September 5,
1996.
(ii) If the unit is designated as an EPPU in accordance with
paragraph (f)(4)(i) of this section, the owner or operator shall comply
in accordance with paragraph (i)(1) of this section.
(5) Compliance for flexible operation units. Owners or operators of
EPPUs that are flexible operation units shall comply with the standards
specified for the primary product, with the exceptions provided in
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
(i) Whenever a flexible operation unit manufactures a product in
which no organic HAP is used or manufactured, the owner or operator is
only required to comply with either paragraph (b)(1) or (b)(2) of this
section to demonstrate compliance for activities associated with the
manufacture of that product. This subpart does not require compliance
with the provisions of subpart A of this part for activities associated
with the manufacture of a product that meets the criteria of paragraph
(b) of this section.
(ii) Whenever a flexible operation unit manufactures a product that
makes it subject to subpart GGG of this part, the owner or operator is
not required to comply with the provisions of this subpart during the
production of that product.
(6) Owners or operators of EPPUs that are flexible operation units
have the option of determining the group status of each emission point
associated with the flexible operation unit, in accordance with either
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception
of batch front-end process vents. For batch front-end process vents,
the owner or operator shall determine the group status in accordance
with Sec. 63.488.
(i) The owner or operator may determine the group status of each
emission point based on emission point characteristics when the primary
product is being manufactured.
(ii) The owner or operator may determine the group status of each
emission point separately for each product produced by the flexible
operation unit. For each product, the group status shall be determined
using the emission point characteristics when that product is being
manufactured and using the Group 1 criteria specified for the primary
product.
Note: Under this scenario, it is possible that the group status,
and therefore the requirement to achieve emission reductions, for an
emission point may change depending on the product being
manufactured.
(7) Owners or operators determining the group status of emission
points in flexible operation units based solely on the primary product
in accordance with paragraph (f)(6)(i) of this section shall establish
parameter monitoring levels, as required, in accordance with either
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators
determining the group status of emission points in flexible operation
units based on each product in accordance with paragraph (f)(6)(ii) of
this section shall establish parameter monitoring levels, as required,
in accordance with paragraph (f)(7)(i) of this section.
(i) Establish separate parameter monitoring levels in accordance
with Sec. 63.505(a) for each individual product.
(ii) Establish a single parameter monitoring level (for each
parameter required to be monitored at each device subject to monitoring
requirements) in accordance with Sec. 63.505(a) that would apply for
all products.
(8) Reporting requirements. When it is determined that a process
unit is an EPPU and subject to the requirements of this subpart, the
Notification of Compliance Status required by Sec. 63.506(e)(5) shall
include the information specified in paragraphs (f)(8)(i) and
(f)(8)(ii) of this section, as applicable. If it is determined that the
process unit is not subject to this subpart, the owner or operator
shall either retain all information, data, and analysis used to
document the basis for the determination that the primary product is
not an elastomer product, or, when requested by the Administrator,
demonstrate that the process unit is not subject to this subpart.
(i) If the EPPU manufactures only one elastomer product,
identification of that elastomer product.
(ii) If the EPPU is designed and operated as a flexible operation
unit, the information specified in paragraphs (f)(8)(ii)(A) through
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
(A) If a primary product could be determined, identification of the
primary product.
(B) Identification of which compliance option, either paragraph
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner
or operator.
(C) If the option to establish separate parameter monitoring levels
for each product in paragraph (f)(7)(i) of this section is selected,
the identification of each product and the corresponding parameter
monitoring level.
(D) If the option to establish a single parameter monitor level in
paragraph (f)(7)(ii) of this section is selected, the parameter
monitoring level for each parameter.
(9) EPPUs terminating production of all elastomer products. If an
EPPU terminates the production of all elastomer products and does not
anticipate the production of any elastomer products in the future, the
process unit is no longer an EPPU and is not subject to this subpart
after notification is made to the Administrator. This notification
shall be accompanied by a rationale for why it is anticipated that no
elastomer products will be produced in the process unit in the future.
(10) Redetermination of applicability to EPPUs that are flexible
operation units. Whenever changes in production occur that could
reasonably be expected to change the primary product of an EPPU that is
operating as a flexible operation unit from an elastomer product to a
product that would make the process unit subject to another subpart of
this part, the owner or operator shall re-evaluate the status of the
process unit as an EPPU in accordance with paragraphs (f)(10)(i)
through (iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time in which the product was produced for the preceding five-year
period, or since the date that the process unit began production of any
product, whichever is shorter.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
period.
(iii) If the conditions in (f)(10)(iii)(A) through (C) of this
section are met, the flexible operation unit shall no longer be
designated as an EPPU after the compliance date of the other subpart
and shall no longer be subject to the provisions of this subpart after
the date that the process unit is required to be in compliance with the
provisions of the other subpart of this part to which it is subject. If
the conditions in paragraphs (f)(10)(iii)(A) through (C) of this
section are not met, the flexible operation unit shall continue to be
considered an EPPU
[[Page 11608]]
and subject to the requirements of this subpart.
(A) The product identified in (f)(10)(ii) of this section is not an
elastomer product; and
(B) The production of the product identified in (f)(10)(ii) of this
section is subject to another subpart of this part; and
(C) The owner or operator submits a notification to the
Administrator of the pending change in applicability.
(g) Storage vessel ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (g)(1) through
(g)(7) of this section to determine to which process unit a storage
vessel shall be assigned. Paragraph (g)(8) of this section specifies
when an owner or operator is required to redetermine to which process
unit a storage vessel is assigned.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 on September 5, 1996, that storage vessel shall be assigned
to the process unit subject to the other subpart.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall be assigned to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall be assigned to that process unit located on the
same plant site as the storage vessel that has the greatest input into
or output from the storage vessel (i.e., the process unit that has the
predominant use of the storage vessel.)
(4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is an EPPU subject to this subpart, the storage vessel shall be
assigned to that EPPU.
* * * * *
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 5, 1996 or based on
the expected utilization for the 5 years following September 5, 1996,
whichever is more representative of the expected operations for that
storage vessel for existing affected sources, and based on the expected
utilization for the first 5 years after initial start-up for new
affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.506(e)(5)(vii).
(7) Where a storage vessel is located at a major source that
includes one or more process units which place material into, or
receive materials from the storage vessel, but the storage vessel is
located in a tank farm (including a marine tank farm), the
applicability of this subpart shall be determined according to the
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping both to the process unit and to the
storage vessel in the tank farm so that product or raw material
entering or leaving the process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from)
the storage vessel in the tank farm.
(ii) If there is no process unit at the major source that meets the
criteria of paragraph (g)(7)(i) of this section with respect to a
storage vessel, this subpart does not apply to the storage vessel.
(iii) If there is only one process unit at the major source that
meets the criteria of paragraph (g)(7)(i) of this section with respect
to a storage vessel, the storage vessel shall be assigned to that
process unit. Applicability of this subpart to the storage vessel shall
then be determined according to the provisions of paragraph (a) of this
section.
(iv) If there are two or more process units at the major source
that meet the criteria of paragraph (g)(7)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those process units according to the provisions of paragraphs
(g)(3) through (g)(6) of this section. The predominant use shall be
determined among only those process units that meet the criteria of
paragraph (g)(7)(i) of this section.
(8) If the storage vessel begins receiving material from (or
sending material to) a process unit that was not included in the
initial determination, or ceases to receive material from (or send
material to) a process unit that was included in the initial
determination, the owner or operator shall reevaluate the applicability
of this subpart to that storage vessel.
(h) Recovery operations equipment ownership determination. The
owner or operator shall follow the procedures specified in paragraphs
(h)(1) through (h)(6) of this section to determine to which process
unit recovery operations equipment shall be assigned. Paragraph (h)(7)
of this section specifies when an owner or operator is required to
redetermine to which process unit the recovery operations equipment is
assigned.
(1) If recovery operations equipment is already subject to another
subpart of 40 CFR part 63 on September 5, 1996, that recovery
operations equipment shall be assigned to the process unit subject to
the other subpart.
(2) If recovery operations equipment is dedicated to a single
process unit, the recovery operations equipment shall be assigned to
that process unit.
(3) If recovery operations equipment is shared among process units,
then the recovery operations equipment shall be assigned to that
process unit located on the same plant site as the recovery operations
equipment that has the greatest input into or output from the recovery
operations equipment (i.e., that process unit has the predominant use
of the recovery operations equipment).
(4) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if one of those
process units is an EPPU subject to this subpart, the recovery
operations equipment shall be assigned to the EPPU subject to this
subpart.
* * * * *
(6) If the predominant use of recovery operations equipment varies
from year to year, then the predominant use shall be determined based
on the utilization that occurred during the year preceding September 5,
1996 for existing affected sources or based on the expected utilization
for the 5 years following September 5, 1996 for existing affected
sources, whichever is the more representative of the expected
operations for the recovery operations equipment, and based on the
expected utilization for the first 5 years after initial start-up for
new affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.506(e)(5)(viii).
(7) If a piece of recovery operations equipment begins receiving
material from a process unit that was not included in the initial
determination, or ceases to receive material from a process unit that
was included in the initial determination, the owner or operator shall
reevaluate the applicability of this subpart to that recovery
operations equipment.
(i) Changes or additions to plant sites. The provisions of
paragraphs (i)(1) through (i)(4) of this section apply to owners or
operators that change or add to their plant site or affected source.
Paragraph (i)(5) provides examples of what are and are not considered
process changes for purposes of paragraph (i) of
[[Page 11609]]
this section. Paragraph (i)(6) of this section discusses reporting
requirements.
(1) Adding an EPPU to a plant site. The provisions of paragraphs
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators
that add one or more EPPUs to a plant site.
(i) If a group of one or more EPPUs that produce the same primary
product is added to a plant site, the group of one or more EPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall be a new affected source and shall comply with the requirements
for a new affected source in this subpart upon initial start-up or by
September 5, 1996, whichever is later, if the criteria specified in
either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) are met, and if the
criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this
section are met.
(A) The construction of the group of one or more EPPUs commenced
after June 12, 1995.
(B) The construction or reconstruction, for process units that have
become EPPUs, commenced after June 12, 1995.
(C) The group of one or more EPPUs and associated equipment, as
listed in paragraph (a)(4) of this section, has the potential to emit
10 tons per year or more of any HAP or 25 tons per year or more of any
combination of HAP, and the primary product of the group of one or more
EPPUs is currently produced at the plant site as the primary product of
an affected source; or
(D) The primary product of the group of one or more EPPUs is not
currently produced at the plant site as the primary product of an
affected source, and the plant site meets, or after the addition of the
group of one or more EPPUs and associated equipment, as listed in
paragraph (a)(4) of this section, will meet the definition of a major
source.
(ii) If a group of one or more EPPUs that produce the same primary
product is added to a plant site, and the group of one or more EPPUs
does not meet the criteria specified in paragraph (i)(1)(i) of this
section, and the plant site meets, or after the addition will meet, the
definition of a major source, the group of one or more EPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall comply with the requirements for an existing affected source in
this subpart upon initial start-up; by September 5, 1999; or by 6
months after notifying the Administrator that a process unit has been
designated as an EPPU (in accordance with paragraph (f)(3)(iii) of this
section), whichever is later.
(2) * * *
(i) If any process change or addition is made to an existing
affected source and that process change or addition meets the criteria
specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this
section, the entire affected source shall be a new affected source and
shall comply with the requirements for a new affected source in this
subpart upon initial start-up or by September 5, 1996, whichever is
later.
(A) It is a process change or addition that meets the definition of
reconstruction in Sec. 63.482(b); and
* * * * *
(ii) If any process change is made that results in one or more
Group 1 emission points (i.e., either newly created Group 1 emission
points or emission points that change group status from Group 2 to
Group 1) or if any other emission point is added to an existing
affected source (i.e., Group 2 emission point(s) or equipment leaks
components subject to Sec. 63.502) and the process change or addition
does not meet the criteria specified in paragraphs (i)(2)(i)(A) and
(i)(2)(i)(B) of this section, the resulting emission point(s) shall be
subject to the requirements for an existing affected source in this
subpart. The resulting emission point(s) shall be in compliance upon
initial start-up or by the appropriate compliance date specified in
Sec. 63.481 (i.e., July 31, 1997 for most equipment leak components
subject to Sec. 63.502, and September 5, 1999 for emission points other
than equipment leaks), whichever is later.
(3) Existing affected source requirements for surge control vessels
and bottoms receivers that become subject to subpart H requirements. If
a process change or the addition of an emission point causes a surge
control vessel or bottoms receiver to become subject to Sec. 63.170
under this paragraph (i), the owner or operator shall be in compliance
upon initial start-up or by September 5, 1999, whichever is later.
(4) Existing affected source requirements for compressors that
become subject to subpart H requirements. If a process change or the
addition of an emission point causes a compressor to become subject to
Sec. 63.164 under this paragraph (i), the owner or operator shall be in
compliance upon initial start-up or by the compliance date for that
compressor, as specified in Sec. 63.481(d), whichever is later.
(5) Determining what are and are not process changes. For purposes
of paragraph (i) of this section, examples of process changes include,
but are not limited to, changes in feedstock type or catalyst type, or
whenever there is a replacement, removal, or addition of recovery
equipment, or changes that increase production capacity. For purposes
of paragraph (i) of this section, process changes do not include:
Process upsets, unintentional temporary process changes, and changes
that are within the equipment configuration and operating conditions
documented in the Notification of Compliance Status report required by
Sec. 63.506(e)(5).
(6) Reporting requirements for owners or operators that change or
add to their plant site or affected source. Owners or operators that
change or add to their plant site or affected source, as discussed in
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as
specified in Sec. 63.506(e)(7)(v).
(j) Applicability of this subpart during periods of start-up,
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through
(j)(4) of this section shall be followed during periods of start-up,
shutdown, malfunction, or non-operation of the affected source or any
part thereof.
(1) The emission limitations set forth in this subpart and the
emission limitations referred to in this subpart shall apply at all
times except during periods of non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. The emission limitations of this subpart
and the emission limitations referred to in this subpart shall not
apply during periods of start-up, shutdown, or malfunction. During
periods of start-up, shutdown, or malfunction, the owner or operator
shall follow the applicable provisions of the start-up, shutdown, and
malfunction plan required by Sec. 63.6(e)(3). However, if a start-up,
shutdown, malfunction, or period of non-operation of one portion of an
affected source does not affect the ability of a particular emission
point to comply with the emission limitations to which it is subject,
then that emission point shall still be required to comply with the
applicable emission limitations of this subpart during the start-up,
shutdown, malfunction, or period of non-operation. For example, if
there is an overpressure in the reactor area, a storage vessel that is
part of the affected source would still be required to be controlled in
accordance with the emission limitations in Sec. 63.484. Similarly, the
degassing of a storage vessel would not affect the ability of a batch
front-end process vent to meet the emission limitations of Secs. 63.486
through 63.492.
(2) The emission limitations set forth in subpart H of this part,
as referred to
[[Page 11610]]
in Sec. 63.502, shall apply at all times except during periods of non-
operation of the affected source (or specific portion thereof) in which
the lines are drained and depressurized resulting in cessation of the
emissions to which Sec. 63.502 applies, or during periods of start-up,
shutdown, malfunction, or process unit shutdown (as defined in
Sec. 63.161).
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
periods of start-up, shutdown, or malfunction during times when
emissions (or, where applicable, wastewater streams or residuals) are
being routed to such items of equipment if the shutdown would
contravene requirements of this subpart applicable to such items of
equipment. This paragraph does not apply if the item of equipment is
malfunctioning. This paragraph also does not apply if the owner or
operator shuts down the compliance equipment (other than monitoring
systems) to avoid damage due to a contemporaneous start-up, shutdown,
or malfunction of the affected source or portion thereof. If the owner
or operator has reason to believe that monitoring equipment would be
damaged due to a contemporaneous start-up, shutdown, or malfunction of
the affected source or portion thereof, the owner or operator shall
provide documentation supporting such a claim in the Precompliance
Report or in a supplement to the Precompliance Report, as provided for
in Sec. 63.506(e)(3). Once approved by the Administrator in accordance
with Sec. 63.506(e)(3)(viii), the provision for ceasing to collect,
during a start-up, shutdown, or malfunction, monitoring data that would
otherwise be required by the provisions of this subpart must be
incorporated into the start-up, shutdown, malfunction plan for that
affected source, as stated in Sec. 63.506(b)(1).
(4) During start-ups, shutdowns, and malfunctions when the emission
limitations of this subpart do not apply pursuant to paragraphs (j)(1)
through (j)(3) of this section, the owner or operator shall implement,
to the extent reasonably available, measures to prevent or minimize
excess emissions to the extent practical. For purposes of this
paragraph, the term ``excess emissions'' means emissions in excess of
those that would have occurred if there were no start-up, shutdown, or
malfunction and the owner or operator complied with the relevant
provisions of this subpart. The measures to be taken shall be
identified in the applicable start-up, shutdown, and malfunction plan,
and may include, but are not limited to, air pollution control
technologies, recovery technologies, work practices, pollution
prevention, monitoring, and/or changes in the manner of operation of
the affected source. Back-up control devices are not required, but may
be used if available.
3. Section 63.481 is amended by:
a. Revising the section title and paragraphs (a), (b), (c), (d)
introductory text, (d)(1) introductory text, (d)(2) introductory text,
(d)(2)(i), (d)(2)(ii), (d)(2)(iv), (d)(3), (d)(4) introductory text,
(d)(5), (d)(6), (e), (h)(2), (i), and (j); and
b. Adding paragraphs (k), (l), and (m), to read as follows:
Sec. 63.481 Compliance dates and relationship of this subpart to
existing applicable rules.
(a) Affected sources are required to achieve compliance on or
before the dates specified in paragraphs (b) through (d) of this
section. Paragraph (e) of this section provides information on
requesting compliance extensions. Paragraphs (f) through (l) of this
section discuss the relationship of this subpart to subpart A and to
other applicable rules. Where an override of another authority of the
Act is indicated in this subpart, only compliance with the provisions
of this subpart is required. Paragraph (m) of this section specifies
the meaning of time periods.
(b) New affected sources that commence construction or
reconstruction after June 12, 1995 shall be in compliance with this
subpart upon initial start-up or September 5, 1996, whichever is later,
as provided in Sec. 63.6(b).
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.502 for which compliance is covered by
paragraph (d) of this section) no later than September 5, 1999, as
provided in Sec. 63.6(c), unless an extension has been granted as
specified in paragraph (e) of this section.
(d) Except as provided for in paragraphs (d)(1) through (d)(6) of
this section, existing affected sources shall be in compliance with
Sec. 63.502 no later than July 31, 1997, unless an extension has been
granted pursuant to paragraph (e) of this section.
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than September 5, 1997 for any compressor meeting one or
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this
section, if the work can be accomplished without a process unit
shutdown, as defined in Sec. 63.161.
* * * * *
(2) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than March 5, 1998, for any compressor meeting all the
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
(ii) The work can be accomplished without a process unit shutdown
as defined in Sec. 63.161;
* * * * *
(iv) The owner or operator submits the request for a compliance
extension to the appropriate U.S. Environmental Protection Agency (EPA)
Regional Office at the address listed in Sec. 63.13 no later than 45
days before the compliance date. The request for a compliance extension
shall contain the information specified in Sec. 63.6(i)(6)(i)(A), (B),
and (D). Unless the EPA Regional Office objects to the request for a
compliance extension within 30 days after receipt of the request, the
request shall be deemed approved.
(3) If compliance with the compressor provisions of Sec. 63.164
cannot reasonably be achieved without a process unit shutdown, the
owner or operator shall achieve compliance no later than September 5,
1998. The owner or operator who elects to use this provision shall
submit a request for an extension of compliance in accordance with the
requirements of paragraph (d)(2)(iv) of this section.
(4) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than September 5, 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.
* * * * *
(5) Compliance with the surge control vessel and bottoms receiver
provisions of Sec. 63.170 shall occur no later than September 5, 1999.
(6) Compliance with the heat exchange system provisions of
Sec. 63.104 shall occur no later than September 5, 1999.
(e) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing affected source
up to 1 additional year to comply with section 112(d) standards. For
purposes of this subpart, a request for an extension shall be submitted
to the permitting authority as part of the operating permit
application, or to the Administrator as a separate submittal or as part
of the Precompliance Report. Requests for
[[Page 11611]]
extensions shall be submitted no later than 120 days prior to the
compliance dates specified in paragraphs (b) through (d) of this
section, except as provided in paragraph (e)(3) of this section. The
dates specified in Sec. 63.6(i) for submittal of requests for
extensions shall not apply to this subpart.
(1) A request for an extension of compliance shall include the data
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
(2) The requirements in Secs. 63.6(i)(8) through 63.6(i)(14) shall
govern the review and approval of requests for extensions of compliance
with this subpart.
(3) An owner or operator may submit a compliance extension request
after the date specified in paragraph (e) of this section, provided
that the need for the compliance extension arose after that date, and
the need arose due to circumstances beyond reasonable control of the
owner or operator. This request shall include, in addition to the
information specified in paragraph (e)(1) of this section, a statement
of the reasons additional time is needed and the date when the owner or
operator first learned of the circumstances necessitating a request for
a compliance extension under this paragraph (e)(3).
* * * * *
(h) * * *
(2) Sources subject to 40 CFR part 63, subpart I that have elected
to comply through a quality improvement program, as specified in
Sec. 63.175 or Sec. 63.176 or both, may elect to continue these
programs without interruption as a means of complying with this
subpart. In other words, becoming subject to this subpart does not
restart or reset the ``compliance clock'' as it relates to reduced
burden earned through a quality improvement program.
(i) After the compliance dates specified in this section, a storage
vessel that is assigned to an affected source subject to this subpart
and that is also subject to the provisions of 40 CFR part 60, subpart
Kb is required to comply only with the provisions of this subpart.
After the compliance dates specified in this section, that storage
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
(j) After the compliance dates specified in this section, an
affected source subject to this subpart that is also subject to the
provisions of 40 CFR part 60, subpart VV, is required to comply only
with the provisions of this subpart. After the compliance dates
specified in this section, the source shall no longer be subject to 40
CFR part 60, subpart VV.
(k) Applicability of other regulations for monitoring,
recordkeeping or reporting with respect to combustion devices, recovery
devices, or recapture devices. After the compliance dates specified in
this subpart, if any combustion device, recovery device or recapture
device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264 subpart AA
or CC, or is subject to monitoring and recordkeeping requirements in 40
CFR part 265 subpart AA or CC and the owner or operator complies with
the periodic reporting requirements under 40 CFR part 264 subpart AA or
CC that would apply to the device if the facility had final-permitted
status, the owner or operator may elect to comply either with the
monitoring, recordkeeping and reporting requirements of this subpart,
or with the monitoring, recordkeeping and reporting requirements in 40
CFR parts 264 and/or 265, as described in this paragraph, which shall
constitute compliance with the monitoring, recordkeeping and reporting
requirements of this subpart. The owner or operator shall identify
which option has been selected in the Notification of Compliance Status
required by Sec. 63.506(e)(5).
(l) Applicability of other requirements for heat exchange systems
or waste management units. Paragraphs (l)(1) and (l)(2) of this section
address instances in which certain requirements from other regulations
also apply for the same heat exchange system(s) or waste management
unit(s) that are subject to this subpart.
(1) After the applicable compliance date specified in this subpart,
if a heat exchange system subject to this subpart is also subject to a
standard identified in paragraphs (l)(1)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraphs (l)(1)(i) or (ii) of this section shall constitute
compliance with the applicable provisions of this subpart with respect
to that heat exchange system.
(i) Subpart F of this part.
(ii) A subpart of this part which requires compliance with
Sec. 63.104 (e.g., subpart JJJ of this part).
(2) After the applicable compliance date specified in this subpart,
if any waste management unit subject to this subpart is also subject to
a standard identified in paragraph (l)(2)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (l)(2)(i) or (ii) of this section shall constitute compliance
with the applicable provisions of this subpart with respect to that
waste management unit.
(i) Subpart G of this part.
(ii) A subpart of this part which requires compliance with
Secs. 63.132 through 63.147 (e.g., subpart JJJ of this part).
(m) All terms in this subpart that define a period of time for
completion of required tasks (e.g., monthly, quarterly, annual), unless
specified otherwise in the section or paragraph that imposes the
requirement, refer to the standard calendar periods.
(1) Notwithstanding time periods specified in this subpart for
completion of required tasks, such time periods may be changed by
mutual agreement between the owner or operator and the Administrator,
as specified in subpart A of this part (e.g., a period could begin on
the compliance date or another date, rather than on the first day of
the standard calendar period). For each time period that is changed by
agreement, the revised period shall remain in effect until it is
changed. A new request is not necessary for each recurring period.
(2) Where the period specified for compliance is a standard
calendar period, if the initial compliance date occurs after the
beginning of the period, compliance shall be required according to the
schedule specified in paragraphs (m)(2)(i) or (m)(2)(ii) of this
section, as appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 2 weeks for tasks that shall be performed monthly, at
least 1 month for tasks that shall be performed each quarter, or at
least 3 months for tasks that shall be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during the
specified period, provided that the task is conducted at a reasonable
interval after completion of the task during the previous period.
4. Section 63.482 is amended:
a. By revising paragraph (a) and the definitions for ``Aggregate
batch vent stream,'' ``Batch front-end process vent,'' ``Batch
process,'' ``Batch unit operation,'' ``Compounding unit,'' ``Continuous
front-end process vent,'' ``Continuous process,'' ``Continuous unit
operation,'' ``Control device,'' ``Elastomer product,'' ``Elastomer
[[Page 11612]]
product process unit (EPPU),'' ``Elastomer type,'' ``Emission point,''
``Emulsion process,'' ``Epichlorohydrin elastomer,'' ``Ethylene-
propylene rubber,'' ``Front-end,'' ``Grade,'' ``Group 1 batch front-end
process vent,'' ``Group 1 continuous front-end process vent,'' ``Group
2 continuous front-end process vent,'' ``Group 1 wastewater stream,''
``Halogenated continuous front-end process vent,'' ``Nitrile butadiene
rubber,'' ``Organic hazardous air pollutant(s) (organic HAP),''
``Process unit,'' ``Process vent,'' ``Product,'' ``Recovery operations
equipment,'' ``Resin,'' ``Steady-state conditions,'' ``Storage
vessel,'' ``Suspension process,'' and ``Total organic compounds
(TOC)'';
b. By removing the definitions of ``Average flow rate,'' ``Batch
cycle limitation,'' ``Mass process,'' ``Material recovery section,''
``Month,'' ``Polybutadiene rubber/styrene butadiene rubber by
solution,'' ``Polymerization reaction section,'' ``Raw materials
preparation section,'' ``Solid state polymerization unit,'' ``Stripping
Technology,'' and ``Year,''; and
c. By adding definitions for the terms ``Annual average batch vent
concentration,'' ``Annual average batch vent flow rate,'' ``Annual
average concentration,'' ``Annual average flow rate,'' ``Average batch
vent concentration,'' ``Average batch vent flow rate'', ``Batch mass
input limitation,'' ``Batch mode,'' ``Block polymer,'' ``Combined vent
stream,'' ``Construction,'' ``Continuous mode,'' ``Continuous record,''
``Continuous recorder,'' ``Equipment,'' ``Existing affected source,''
``Existing process unit,'' ``Flexible operation unit,'' ``Glass
transition temperature,'' ``Highest-HAP recipe,'' ``Initial start-up,''
``Maintenance wastewater,'' ``Maximum true vapor pressure,''
``Multicomponent system,'' ``Net positive heating value,'' ``New
affected source,'' ``New process unit,'' ``On-site or on site,''
``Operating day,'' ``Polybutadiene rubber by solution,'' ``Recipe,''
``Reconstruction,'' ``Recovery device,'' ``Residual,'' ``Shutdown,''
``Start-up,'' ``Stripper,'' ``Stripping,'' ``Styrene butadiene rubber
by solution,'' ``Total resource effectiveness index value or TRE index
value,'' ``Vent stream,'' ``Waste management unit,'' ``Wastewater,''
and ``Wastewater stream,'' to read as follows:
Sec. 63.482 Definitions.
(a) The following terms used in this subpart shall have the meaning
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or the
Act, as specified after each term:
Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging(Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Heat exchange system (Sec. 63.101)
Impurity (Sec. 63.101)
Incinerator (Sec. 63.111)
In organic hazardous air pollutant service or in organic HAP service
(Sec. 63.161)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
(b) * * *
Aggregate batch vent stream means a gaseous emission stream
containing only the exhausts from two or more batch front-end process
vents that are ducted, hard-piped, or otherwise connected together for
a continuous flow.
Annual average batch vent concentration is determined using
Equation 17, as described in Sec. 63.488(h)(2) for halogenated
compounds.
Annual average batch vent flow rate is determined by the procedures
in Sec. 63.488(e)(3).
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b), with the
exceptions noted in Sec. 63.501, for the purposes of this subpart.
Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c), with the exceptions noted in
Sec. 63.501, for the purposes of this subpart.
Average batch vent concentration is determined by the procedures in
Sec. 63.488(b)(5)(iii) for HAP concentrations and is determined by the
procedures in Sec. 63.488(h)(1)(iii) for organic compounds containing
halogens and hydrogen halides.
Average batch vent flow rate is determined by the procedures in
Sec. 63.488(e)(1) and (e)(2).
* * * * *
Batch front-end process vent means a process vent with annual
organic HAP emissions greater than 225 kilograms per year from a batch
unit operation within an affected source and located in the front-end
of a process unit. Annual organic HAP emissions are determined as
specified in Sec. 63.488(b) at the location specified in
Sec. 63.488(a)(2).
Batch mass input limitation means an enforceable restriction on the
total mass of HAP or material that can be input to a batch unit
operation in one year.
Batch mode means the discontinuous bulk movement of material
through a
[[Page 11613]]
unit operation. Mass, temperature, concentration, and other properties
may vary with time. For a unit operation operated in a batch mode
(i.e., batch unit operation), the addition of material and withdrawal
of material do not typically occur simultaneously.
Batch process means, for the purposes of this subpart, a process
where the reactor(s) is operated in a batch mode.
Batch unit operation means a unit operation operated in a batch
mode.
Block polymer means a polymer where the polymerization is
controlled, usually by performing discrete polymerization steps, such
that the final polymer is arranged in a distinct pattern of repeating
units of the same monomer.
* * * * *
Combined vent stream, as used in reference to batch front-end
process vents, continuous front-end process vents, and aggregate batch
vent streams, means the emissions from a combination of two or more of
the aforementioned types of process vents. The primary occurrence of a
combined vent stream is as combined emissions from a continuous front-
end process vent and a batch front-end process vent.
Compounding unit means a unit operation which blends, melts, and
resolidifies solid polymers for the purpose of incorporating additives,
colorants, or stabilizers into the final elastomer product. A unit
operation whose primary purpose is to remove residual monomers from
polymers is not a compounding unit.
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction also means the on-site
fabrication, erection, or installation of a process unit or combination
of process units which subsequently becomes an affected source or part
of an affected source, due to a change in primary product.
Continuous front-end process vent means a process vent located in
the front-end of a process unit and containing greater than 0.005
weight percent total organic HAP from a continuous unit operation
within an affected source. The total organic HAP weight percent is
determined after the last recovery device, as described in
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c).
Continuous mode means the continuous movement of material through a
unit operation. Mass, temperature, concentration, and other properties
typically approach steady-state conditions. For a unit operation
operated in a continuous mode (i.e., continuous unit operation), the
simultaneous addition of raw material and withdrawal of product is
typical.
Continuous process means, for the purposes of this subpart, a
process where the reactor(s) is operated in a continuous mode.
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.506(d) or
(h).
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 1-hour or more frequent block average values.
Continuous unit operation means a unit operation operated in a
continuous mode.
Control device is defined in Sec. 63.111, except that the term
``continuous front-end process vent'' shall apply instead of the term
``process vent,'' for the purpose of this subpart.
* * * * *
Elastomer product means one of the following types of products, as
they are defined in this section:
(1) Butyl Rubber;
(2) Halobutyl Rubber;
(3) Epichlorohydrin Elastomer;
(4) Ethylene Propylene Rubber;
(5) Hypalon TM;
(6) Neoprene;
(7) Nitrile Butadiene Rubber;
(8) Nitrile Butadiene Latex;
(9) Polybutadiene Rubber by solution
(10) Styrene Butadiene Rubber by Solution;
(11) Polysulfide Rubber;
(12) Styrene Butadiene Rubber by Emulsion; and
(13) Styrene Butadiene Latex.
Elastomer product process unit (EPPU) means a collection of
equipment assembled and connected by hard-piping or duct work, used to
process raw materials and to manufacture an elastomer product as its
primary product. This collection of equipment includes unit operations;
recovery operations equipment; process vents; storage vessels, as
determined in Sec. 63.480(g); equipment that is identified in
Sec. 63.149; and the equipment that is subject to the equipment leak
provisions as specified in Sec. 63.502. Utilities, lines and equipment
not containing process fluids, and other non-process lines, such as
heating and cooling systems which do not combine their materials with
those in the processes they serve, are not part of an elastomer product
process unit. An elastomer product process unit consists of more than
one unit operation.
Elastomer type means one of the elastomers listed under ``elastomer
product'' in this section. Each elastomer identified in that definition
represents a different elastomer type.
Emission point means an individual continuous front-end process
vent, batch front-end process vent, back-end process vent, storage
vessel, waste management unit, heat exchange system, or equipment leak,
or equipment subject to Sec. 63.149.
Emulsion process means a process where the monomer(s) is dispersed
in droplets throughout a water phase, with the aid of an emulsifying
agent such as soap or a synthetic emulsifier. The polymerization occurs
either within the emulsion droplet or in the aqueous phase.
Epichlorohydrin elastomer means an elastomer formed from the
polymerization or copolymerization of epichlorohydrin (EPI). The main
epichlorohydrin elastomers are polyepichlorohydrin, epi-ethylene oxide
(EO) copolymer, epi-allyl glycidyl ether (AGE) copolymer, and epi-EO-
AGE terpolymer. Epoxies produced by the copolymerization of EPI and
bisphenol A are not epichlorohydrin elastomers.
Equipment means, for the purposes of the provisions in
Sec. 63.502(a) through (m) and the requirements in subpart H that are
referred to in Sec. 63.502(a) through (m), each pump, compressor,
agitator, pressure relief device, sampling connection system, open-
ended valve or line, valve, connector, surge control vessel, bottoms
receiver, and instrumentation system in organic hazardous air pollutant
service; and any control devices or systems required by subpart H.
Ethylene-propylene rubber means an ethylene-propylene copolymer or
an ethylene-propylene terpolymer. Ethylene-propylene copolymers (EPM)
result from the polymerization of ethylene and propylene and contain a
saturated chain of the polymethylene type. Ethylene-propylene
terpolymers (EPDM) are produced in a similar manner as EPM, except that
a third monomer is added to the reaction sequence. Typical third
monomers include ethylidene norbornene, 1,4-hexadiene, or
dicyclopentadiene. Ethylidene norbornene is the most commonly used. The
production process includes, but is not limited to, polymerization,
recycle, recovery, and packaging operations. The polymerization
reaction may occur in either a solution process or a suspension
process.
Existing affected source is defined in Sec. 63.480(a)(3).
Existing process unit means any process unit that is not a new
process unit.
* * * * *
[[Page 11614]]
Flexible operation unit means a process unit that manufactures
different chemical products, polymers, or resins periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Front-end refers to the unit operations in an EPPU prior to, and
including, the stripping operations. For all gas-phased reaction
processes, all unit operations are considered to be front-end.
* * * * *
Glass transition temperature means the temperature at which an
elastomer polymer becomes rigid and brittle.
Grade means a group of recipes of an elastomer type having similar
characteristics such as molecular weight, monomer composition,
significant money values, and the presence or absence of extender oil
and/or carbon black. More than one recipe may be used to produce the
same grade.
Group 1 batch front-end process vent means a batch front-end
process vent releasing annual organic HAP emissions greater than or
equal to 11,800 kg/yr and with a cutoff flow rate, calculated in
accordance with Sec. 63.488(f), greater than or equal to the annual
average batch vent flow rate. Annual organic HAP emissions and annual
average batch vent flow rate are determined at the exit of the batch
unit operation, as described in Sec. 62.488(a)(2). Annual organic HAP
emissions are determined as specified in Sec. 63.488(b), and annual
average batch vent flow rate is determined as specified in
Sec. 63.488(e).
* * * * *
Group 1 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is greater than or equal to
0.005 standard cubic meter per minute, the total organic HAP
concentration is greater than or equal to 50 parts per million by
volume, and the total resource effectiveness index value, calculated
according to Sec. 63.115, is less than or equal to 1.0.
Group 2 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is less than 0.005 standard
cubic meter per minute, the total organic HAP concentration is less
than 50 parts per million by volume, or the total resource
effectiveness index value, calculated according to Sec. 63.115, is
greater than 1.0.
* * * * *
Group 1 wastewater stream means a wastewater stream consisting of
process wastewater from an existing or new affected source that meets
the criteria for Group 1 status in Sec. 63.132(c), with the exceptions
listed in Sec. 63.501(a)(10) for the purposes of this subpart (i.e.,
for organic HAP listed on Table 5 of this subpart only).
* * * * *
Halogenated continuous front-end process vent means a continuous
front-end process vent determined to have a mass emission rate of
halogen atoms contained in organic compounds of 0.45 kg/hr or greater
determined by the procedures presented in Sec. 63.115(d)(2)(v).
* * * * *
Highest-HAP recipe for a product means the recipe of the product
with the highest total mass of HAP charged to the reactor during the
production of a single batch of product.
* * * * *
Initial start-up means the first time a new or reconstructed
affected source begins production of an elastomer product, or, for
equipment added or changed as described in Sec. 63.480(i), the first
time the equipment is put into operation to produce an elastomer
product. Initial start-up does not include operation solely for testing
equipment. Initial start-up does not include subsequent start-ups of an
affected source or portion thereof following malfunctions or shutdowns
or following changes in product for flexible operation units or
following recharging of equipment in batch operation. Further, for
purposes of Sec. 63.502, initial start-up does not include subsequent
start-ups of affected sources or portions thereof following
malfunctions or process unit shutdowns.
* * * * *
Maintenance wastewater is defined in Sec. 63.101, except that the
term ``elastomer product process unit'' shall apply whenever the term
``chemical manufacturing process unit'' is used. Further, the
generation of wastewater from the routine rinsing or washing of
equipment in batch operation between batches is not maintenance
wastewater, but is considered to be process wastewater, for the
purposes of this subpart.
Maximum true vapor pressure is defined in Sec. 63.111, except that
the terms ``transfer'' and ``transferred'' shall not apply for the
purposes of this subpart.
Multicomponent system means, as used in conjunction with batch
front-end process vents, a stream whose liquid and/or vapor contains
more than one compound.
* * * * *
Net positive heating value means the difference between the heat
value of the recovered chemical stream and the minimum heat value
required to ensure a stable flame in a combustion device, when the heat
value of the recovered chemical stream is less than the minimum heat
value required to ensure a stable flame. This difference must have a
positive value when used in the context of ``recovering chemicals for
fuel value'' (e.g., in the definition of ``recovery device'' in this
section).
* * * * *
New process unit means a process unit for which the construction or
reconstruction commenced after June 12, 1995.
* * * * *
Nitrile butadiene rubber means a polymer consisting primarily of
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, not including nitrile butadiene latex.
On-site or on site means, with respect to records required to be
maintained by this subpart or required by another subpart referenced by
this subpart, that records are stored at a location within a major
source which encompasses the affected source. On-site includes, but is
not limited to, storage at the affected source or EPPU to which the
records pertain, or storage in central files elsewhere at the major
source.
Operating day means the period defined by the owner or operator in
the Notification of Compliance Status required by Sec. 63.506(e)(5).
The operating day is the period for which daily average monitoring
values and batch cycle daily average monitoring values are determined.
Organic hazardous air pollutant(s) (organic HAP) means one or more
of the chemicals listed in Table 5 of this subpart or any other
chemical which:
(1) Is knowingly produced or introduced into the manufacturing
process other than as an impurity; and
(2) Is listed in Table 2 of subpart F of this part.
Polybutadiene rubber by solution means a polymer of 1,3-butadiene
produced using a solution process.
* * * * *
Process unit means a collection of equipment assembled and
connected by hard-piping or duct work, used to process raw materials
and to manufacture a product.
Process vent means a gaseous emission stream from a unit operation
that is discharged to the atmosphere either directly or after passing
through one or more control, recovery, or recapture devices. Unit
operations that may have process vents are condensers, distillation
units, reactors, or other unit operations within the EPPU. Process
[[Page 11615]]
vents exclude pressure releases, gaseous streams routed to a fuel gas
system(s), and leaks from equipment regulated under Sec. 63.502. A
gaseous emission stream is no longer considered to be a process vent
after the stream has been controlled and monitored in accordance with
the applicable provisions of this subpart.
Product means a polymer produced using the same monomers and
varying in additives (e.g., initiators, terminators, etc.); catalysts;
or in the relative proportions of monomers, that is manufactured by a
process unit. With respect to polymers, more than one recipe may be
used to produce the same product, and there can be more than one grade
of a product. As an example, styrene butadiene latex and halobutyl
rubber each represent a different product. Product also means a
chemical that is not a polymer, that is manufactured by a process unit.
By-products, isolated intermediates, impurities, wastes, and trace
contaminants are not considered products.
Recipe means a specific composition, from among the range of
possible compositions that may occur within a product, as defined in
this section. A recipe is determined by the proportions of monomers
and, if present, other reactants and additives that are used to make
the recipe. For example, styrene butadiene latex without additives;
styrene butadiene latex with an additive; and styrene butadiene latex
with different proportions of styrene to butadiene are all different
recipes of the same product, styrene butadiene latex.
Reconstruction means the replacement of components of an affected
source or of a previously unaffected stationary source that becomes an
affected source as a result of the replacement, to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the provisions of this subpart.
Recovery device means:
(1) An individual unit of equipment capable of and normally used
for the purpose of recovering chemicals for:
(i) Use;
(ii) Reuse;
(iii) Fuel value (i.e., net heating value); or
(iv) For sale for use, reuse, or fuel value (i.e., net heating
value).
(2) Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin film evaporation units. For the purposes of the
monitoring, recordkeeping, or reporting requirements of this subpart,
recapture devices are considered recovery devices.
Recovery operations equipment means the equipment used to separate
the components of process streams. Recovery operations equipment
includes distillation units, condensers, etc. Equipment used for
wastewater treatment and recovery or recapture devices used as control
devices shall not be considered recovery operations equipment.
Residual is defined in Sec. 63.111, except that when the definition
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic
HAP listed in Table 5 of subpart U of this part'' shall apply, for the
purposes of this subpart.
Resin, for the purposes of this subpart, means a polymer with the
following characteristics:
(1) The polymer is a block polymer;
(2) The manufactured polymer does not require vulcanization to make
useful products;
(3) The polymer production process is operated to achieve at least
99 percent monomer conversion; and
(4) The polymer process unit does not recycle unreacted monomer
back to the process.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of an affected source, an EPPU within an affected source, a
waste management unit or unit operation within an affected source, or
equipment required or used to comply with this subpart, or the emptying
or degassing of a storage vessel. For purposes of the wastewater
provisions of Sec. 63.501, shutdown does not include the routine
rinsing or washing of equipment in batch operation between batches. For
purposes of the batch front-end process vent provisions in Secs. 63.486
through 63.492, the cessation of equipment in batch operation is not a
shutdown, unless the equipment undergoes maintenance, is replaced, or
is repaired.
* * * * *
Start-up means the setting into operation of an affected source, an
EPPU within the affected source, a waste management unit or unit
operation within an affected source, or equipment required or used to
comply with this subpart, or a storage vessel after emptying and
degassing. For both continuous and batch front-end processes, start-up
includes initial start-up and operation solely for testing equipment.
For both continuous and batch front-end processes, start-up does not
include the recharging of equipment in batch operation. For continuous
front-end processes, start-up includes transitional conditions due to
changes in product for flexible operation units. For batch front-end
processes, start-up does not include transitional conditions due to
changes in product for flexible operation units.
Steady-state conditions means that all variables (temperatures,
pressures, volumes, flow rates, etc.) in a process do not vary
significantly with time; minor fluctuations about constant mean values
may occur.
Storage vessel means a tank or other vessel that is used to store
liquids that contain one or more organic HAP. Storage vessels do not
include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels and equipment storing and/or handling material that
contains no organic HAP, or organic HAP as impurities only;
(5) Surge control vessels and bottoms receivers; and
(6) Wastewater storage tanks.
Stripper means a unit operation where stripping occurs.
Stripping means the removal of organic compounds from a raw
elastomer product. In the production of an elastomer, stripping is a
discrete step that occurs after the reactors and before the dryers and
other finishing operations. Examples of types of stripping include
steam stripping, direct volatilization, chemical stripping, and other
methods of devolatilization. For the purposes of this subpart,
devolatilization that occurs in dryers, extruders, and other finishing
operations is not stripping.
* * * * *
Styrene butadiene rubber by solution means a polymer that consists
primarily of styrene and butadiene monomer units and is produced using
a solution process.
Suspension process means a polymerization process where the
monomer(s) is in a state of suspension, with the help of suspending
agents in a
[[Page 11616]]
medium other than water (typically an organic solvent). The resulting
polymers are not soluble in the reactor medium.
Total organic compounds (TOC) means those compounds, excluding
methane and ethane, measured according to the procedures of Method 18
or Method 25A, 40 CFR part 60, appendix A.
Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction of organic HAP associated with a continuous front-end process
vent stream, based on vent stream flow rate, emission rate of organic
HAP, net heating value, and corrosion properties (whether or not the
continuous front-end process vent stream contains halogenated
compounds), as quantified by the equations given under Sec. 63.115,
with the exceptions noted in Sec. 63.485.
Vent stream, as used in reference to batch front-end process vents,
continuous front-end process vents, and aggregate batch vent streams,
means the emissions from one or more process vents.
Waste management unit is defined in Sec. 63.111, except that where
the definition in Sec. 63.111 uses the term ``chemical manufacturing
process unit,'' the term ``EPPU'' shall apply for the purposes of this
subpart.
Wastewater means water that:
(1) Contains either:
(i) An annual average concentration of organic HAP listed in Table
5 of this subpart of at least 5 parts per million by weight and has an
annual average flow rate of 0.02 liter per minute or greater; or
(ii) An annual average concentration of organic HAP listed on Table
5 of this subpart of at least 10,000 parts per million by weight at any
flow rate; and
(2) Is discarded from an EPPU that is part of an affected source.
Wastewater is process wastewater or maintenance wastewater.
Wastewater stream means a stream that contains wastewater as
defined in this section.
5. Section 63.483 is amended by revising paragraphs (a)
introductory text, (b), and (c); and adding paragraph (d), to read as
follows:
Sec. 63.483 Emission standards.
(a) Except as allowed under paragraphs (b) through (d) of this
section, the owner or operator of an existing or new affected source
shall comply with the provisions in:
* * * * *
(b) When emissions of different kinds (i.e., emissions from
continuous front-end process vents, batch front-end process vents,
aggregate batch vent streams, storage vessels, process wastewater, and/
or in-process equipment subject to Sec. 63.149) are combined, and at
least one of the emission streams would be classified as Group 1 in the
absence of combination with other emission streams, the owner or
operator of an affected source shall comply with the requirements of
either paragraph (b)(1) or (b)(2) of this section, as appropriate. For
purposes of this paragraph (b), owners or operators of affected sources
with combined emission streams containing one or more batch front-end
process vents and containing one or more continuous front-end process
vents may comply with either paragraph (b)(1) or (b)(2) of this
section, as appropriate. For purposes of this paragraph (b), owners or
operators of affected sources with combined emission streams containing
one or more batch front-end process vents but not containing one or
more continuous process vents shall comply with paragraph (b)(3) of
this section.
(1) Comply with the applicable requirements of this subpart for
each kind of emission in the stream as specified in paragraphs (a)(1)
through (a)(6) of this section.
(2) Comply with the first set of requirements, identified in
paragraphs (b)(2)(i) through (b)(2)(v) of this section, which applies
to any individual emission stream that is included in the combined
stream, where either that emission stream would be classified as Group
1 in the absence of combination with other emission streams, or the
owner or operator chooses to consider that emission stream to be Group
1 for purposes of this paragraph. Compliance with the first applicable
set of requirements identified in paragraphs (b)(2)(i) through
(b)(2)(v) of this section constitutes compliance with all other
requirements in paragraphs (b)(2)(i) through (b)(2)(v) of this section
applicable to other types of emissions in the combined stream.
(i) The requirements of this subpart for Group 1 continuous front-
end process vents, including applicable monitoring, recordkeeping, and
reporting;
(ii) The requirements of Sec. 63.119(e), as specified in
Sec. 63.484, for control of emissions from Group 1 storage vessels,
including applicable monitoring, recordkeeping, and reporting;
(iii) The requirements of Sec. 63.139, as specified in Sec. 63.501,
for control devices used to control emissions from waste management
units, including applicable monitoring, recordkeeping, and reporting;
(iv) The requirements of Sec. 63.139, as specified in Sec. 63.501,
for closed vent systems for control of emissions from in-process
equipment subject to Sec. 63.149, as specified in Sec. 63.501,
including applicable monitoring, recordkeeping, and reporting; or
(v) The requirements of this subpart for aggregate batch vent
streams, including applicable monitoring, recordkeeping, and reporting.
(3) The owner or operator of an affected source with combined
emission streams containing one or more batch front-end process vents,
but not containing one or more continuous front-end process vents,
shall comply with paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
(i) The owner or operator of the affected source shall comply with
Sec. 63.486 for the batch front-end process vent stream(s).
(ii) The owner or operator of the affected source shall comply with
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for
the remaining emission streams.
(c) Instead of complying with Secs. 63.484, 63.485, 63.493, and
63.501, the owner or operator of an existing affected source may elect
to control any or all of the storage vessels, continuous front-end
process vents, batch front-end process vents, aggregate batch vent
streams, back-end process emissions, and wastewater streams and
associated waste management units within the affected source, to
different levels using an emissions averaging compliance approach that
uses the procedures specified in Sec. 63.503. The restrictions
concerning which emission points may be included in an emissions
average, including how many emission points may be included, are
specified in Sec. 63.503(a)(1). An owner or operator electing to use
emissions averaging shall still comply with the provisions of
Secs. 63.484, 63.485, 63. 486, 63.493, and 63.501 for affected source
emission points not included in the emissions average.
(d) A State may decide not to allow the use of the emissions
averaging compliance approach specified in paragraph (c) of this
section.
6. Section 63.484 is amended by revising paragraphs (a), (b)(2),
(c) through (h), (i) introductory text, (i)(1), and (j) through (q);
and adding paragraphs (r) and (s), to read as follows:
Sec. 63.484 Storage vessel provisions.
(a) This section applies to each storage vessel that is assigned to
an affected source, as determined by Sec. 63.480(g). Except for those
storage vessels exempted by paragraph (b) of
[[Page 11617]]
this section, the owner or operator of affected sources shall comply
with the requirements of Secs. 63.119 through 63.123 and 63.148, with
the differences noted in paragraphs (c) through (s) of this section,
for the purposes of this subpart.
(b) * * *
(2) Storage vessels containing latex products other than styrene-
butadiene latex, located downstream of the stripping operations;
* * * * *
(c) When the term ``storage vessel'' is used in Secs. 63.119
through 63.123, the definition of this term in Sec. 63.482 shall apply
for the purposes of this subpart.
(d) When the term ``Group 1 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in Sec. 63.482
shall apply for the purposes of this subpart.
(e) When the term ``Group 2 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in Sec. 63.482
shall apply for the purposes of this subpart.
(f) When the emissions averaging provisions of Sec. 63.150 are
referred to in Sec. 63.119 and Sec. 63.123, the emissions averaging
provisions contained in Sec. 63.503 shall apply for the purposes of
this subpart.
(g) When December 31, 1992 is referred to in Sec. 63.119, June 12,
1995 shall apply instead, for the purposes of this subpart.
(h) When April 22, 1994 is referred to in Sec. 63.119, September 5,
1996 shall apply instead, for the purposes of this subpart.
(i) The owner or operator of an affected source shall comply with
this paragraph instead of Sec. 63.120(d)(1)(ii) for the purposes of
this subpart. If the control device used to comply with Sec. 63.119(e)
is also used to comply with any of the requirements found in
Secs. 63.485 through 63.501, the performance test required in or
accepted by the applicable requirements in Secs. 63.485 through 63.501
is acceptable for demonstrating compliance with Sec. 63.119(e), for the
purposes of this subpart. The owner or operator will not be required to
prepare a design evaluation for the control device as described in
Sec. 63.120(d)(1)(i), if the performance test meets the criteria
specified in paragraphs (i)(1) and (i)(2) of this section.
(1) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; and
* * * * *
(j) When the term ``operating range'' is used in
Sec. 63.120(d)(3)(i), the term ``level,'' shall apply instead, for the
purposes of this subpart.
(k) For purposes of this subpart, the monitoring plan required by
Sec. 63.120(d)(2) shall specify for which control devices the owner or
operator has selected to follow the procedures for continuous
monitoring specified in Sec. 63.505. For those control devices for
which the owner or operator has selected to not follow the procedures
for continuous monitoring specified in Sec. 63.505, the monitoring plan
shall include a description of the parameter or parameters to be
monitored to ensure that the control device is being properly operated
and maintained, an explanation of the criteria used for selection of
that parameter (or parameters), and the frequency with which monitoring
will be performed (e.g., when the liquid level in the storage vessel is
being raised), as specified in Sec. 63.120(d)(2)(i).
(l) For purposes of this subpart, the monitoring plan required by
Sec. 63.122(b) shall be included in the Notification of Compliance
Status required by Sec. 63.506(e)(5).
(m) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122,
and 63.123, the Notification of Compliance Status requirements
contained in Sec. 63.506(e)(5) shall apply for the purposes of this
subpart.
(n) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Secs. 63.120, 63.122, and 63.123, the
Periodic Report requirements contained in Sec. 63.506(e)(6) shall apply
for the purposes of this subpart.
(o) When other reports as required in Sec. 63.152(d) are referred
to in Sec. 63.122, the reporting requirements contained in
Sec. 63.506(e)(7) shall apply for the purposes of this subpart.
(p) When the Initial Notification requirements contained in
Sec. 63.151(b) are referred to in Secs. 63.119 through 63.123, for the
purposes of this subpart the owner or operator of an affected source
need not comply.
(q) When the determination of equivalence criteria in
Sec. 63.102(b) are referred to in Sec. 63.121(a), the provisions in
Sec. 63.6(g) shall apply for the purposes of this subpart.
(r) When Sec. 63.119(a) requires compliance according to the
schedule provisions in Sec. 63.100, owners and operators of affected
sources shall instead comply with the requirements in
Secs. 63.119(a)(1) through 63.119(a)(4) by the compliance date for
storage vessels, which is specified in Sec. 63.481.
(s) In Sec. 63.120(e)(1), instead of the reference to
Sec. 63.11(b), the requirements of Sec. 63.504(c) shall apply.
7. Section 63.485 is revised 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 (u) 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.
(b) When the term ``process vent'' is used in Secs. 63.113 through
63.118, the term ``continuous front-end process vent,'' and the
definition of this term in Sec. 63.482 shall apply for the purposes of
this subpart.
(c) When the term ``halogenated process vent'' is used in
Secs. 63.113 through 63.118, the term ``halogenated continuous front-
end process vent,'' and the definition of this term in Sec. 63.482
shall apply for the purposes of this subpart.
(d) When the term ``Group 1 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 1 continuous front-end process vent,''
and the definition of this term in Sec. 63.482 shall apply for the
purposes of this subpart.
(e) When the term ``Group 2 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 2 continuous front-end process vent,''
and the definition of this term in Sec. 63.482 shall apply for the
purposes of this subpart.
(f) When December 31, 1992 (i.e., the proposal date for subpart G
of this part) is referred to in Sec. 63.113, June 12, 1995 shall
instead apply, for the purposes of this subpart.
(g) When Secs. 63.151(f), alternative monitoring parameters, and
63.152(e), submission of an operating permit, are referred to in
Secs. 63.114(c) and 63.117(e), 63.506(f), alternative monitoring
parameters, and Sec. 63.506(e)(8), submission of an operating permit,
respectively, shall apply for the purposes of this subpart.
(h) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.114, 63.117,
and 63.118, the Notification of Compliance Status requirements
contained in Sec. 63.506(e)(5) shall apply for the purposes of this
subpart.
(i) When the Periodic Report requirements contained in
Sec. 63.152(c)
[[Page 11618]]
are referred to in Secs. 63.117 and 63.118, the Periodic Report
requirements contained in Sec. 63.506(e)(6) shall apply for the
purposes of this subpart.
(j) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is
referred to in Sec. 63.118(f)(2), the definition of excursion in
Sec. 63.505(g) and (h) shall apply for the purposes of this subpart.
(k) When Sec. 63.114(e) specifies that an owner or operator shall
submit the information required in Sec. 63.152(b) in order to establish
the parameter monitoring range, the owner or operator of an affected
source shall comply with the provisions of Sec. 63.505 for establishing
the parameter monitoring level and shall comply with Sec. 63.506(e)(5)
for the purposes of reporting information related to the establishment
of the parameter monitoring level, for the purposes of this subpart.
Further, the term ``level'' shall apply whenever the term ``range'' is
used in Secs. 63.114, 63.117, and 63.118.
(l) When reports of process changes are required under
Sec. 63.118(g), (h), (i), or (j), paragraphs (l)(1) through (l)(4) of
this section shall apply for the purposes of this subpart. In addition,
for the purposes of this subpart paragraph (l)(5) of this section
applies, and Sec. 63.118(k) does not apply to owners or operators of
affected sources.
(1) For the purposes of this subpart, whenever a process change, as
defined in Sec. 63.115(e), is made that causes a Group 2 continuous
front-end process vent to become a Group 1 continuous front-end process
vent, the owner or operator shall submit a report within 180 days after
the process change is made or with the next Periodic Report, whichever
is later. A description of the process change shall be submitted with
the report of the process change, and the owner or operator of the
affected source shall comply with the Group 1 provisions in
Secs. 63.113 through 63.118 in accordance with Sec. 63.480(i)(2)(ii).
(2) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous front-end process vent with a TRE
greater than 4.0 to become a Group 2 continuous front-end process vent
with a TRE less than 4.0, the owner or operator shall submit a report
within 180 days after the process change is made or with the next
Periodic Report, whichever is later. A description of the process
change shall be submitted with the report of the process change, and
the owner or operator shall comply with the provisions in
Sec. 63.113(d) by the dates specified in Sec. 63.481.
(3) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous front-end process vent with a
flow rate less than 0.005 standard cubic meter per minute (scmm) to
become a Group 2 continuous front-end process vent with a flow rate of
0.005 scmm or greater and a TRE index value less than or equal to 4.0,
the owner or operator shall submit a report within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. A description of the process change shall be submitted with the
report of the process change, and the owner or operator shall comply
with the provisions in Sec. 63.113(d) by the dates specified in
Sec. 63.481.
(4) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous front-end process vent with an
organic HAP concentration less than 50 parts per million by volume
(ppmv) to become a Group 2 continuous front-end process vent with an
organic HAP concentration of 50 ppmv or greater and a TRE index value
less than or equal to 4.0, the owner or operator shall submit a report
within 180 days after the process change is made or with the next
Periodic Report, whichever is later. A description of the process
change shall be submitted with the report of the process change, and
the owner or operator shall comply with the provisions in
Sec. 63.113(d) by the dates specified in Sec. 63.481.
(5) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraphs (l)(5)(i),
(l)(5)(ii), (l)(5)(iii), or (l)(5)(iv) of this section is met.
(i) The change does not meet the description of a process change in
Sec. 63.115(e);
(ii) The vent stream flow rate is recalculated according to
Sec. 63.115(e) and the recalculated value is less than 0.005 standard
cubic meter per minute;
(iii) The organic HAP concentration of the vent stream is
recalculated according to Sec. 63.115(e) and the recalculated value is
less than 50 parts per million by volume; or
(iv) The TRE index value is recalculated according to
Sec. 63.115(e) and the recalculated value is greater than 4.0.
(m) When Sec. 63.118 (periodic reporting and recordkeeping
requirements) refers to Sec. 63.152(f), the recordkeeping requirements
in Sec. 63.506(d) shall apply for the purposes of this subpart.
(n) When Secs. 63.115 and 63.116 refer to Table 2 of subpart F of
this part, the owner or operator is only required to consider organic
HAP listed on Table 5 of this subpart, for the purposes of this
subpart.
(o) If a batch front-end process vent or aggregate batch vent
stream is combined with a continuous front-end process vent, the owner
or operator of the affected source containing the combined vent stream
shall comply with paragraph (o)(1); with paragraph (o)(2) and with
paragraph (o)(3) or (o)(4); or with paragraph (o)(5) of this section,
as appropriate.
(1) If a batch front-end process vent or aggregate batch vent
stream is combined with a Group 1 continuous front-end process vent
prior to the combined vent stream being routed to a control device, the
owner or operator of the affected source containing the combined vent
stream shall comply with the requirements in paragraph (o)(1)(i) or
(o)(1)(ii) of this section.
(i) All requirements for a Group 1 process vent stream in
Secs. 63.113 through 63.118, except as otherwise provided in this
section. As specified in Sec. 63.504(a)(1), performance tests shall be
conducted at maximum representative operating conditions. For the
purpose of conducting a performance test on a combined vent stream,
maximum representative operating conditions shall be when batch
emission episodes are occurring that result in the highest organic HAP
emission rate (for the combined vent stream) that is achievable during
one of the periods listed in Sec. 63.504(a)(1)(i) or
Sec. 63.504(a)(1)(ii), without causing any of the situations described
in paragraphs (o)(1)(i)(A) through (o)(1)(i)(C) to occur.
(A) Causing damage to equipment;
(B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(C) Necessitating that the owner or operator make product in excess
of demand.
(ii) Comply with the provisions in Sec. 63.483(b)(1), as allowed
under Sec. 63.483(b).
(2) If a batch front-end process vent or aggregate batch vent
stream is combined with a continuous front-end process vent prior to
the combined vent stream being routed to a recovery device, the TRE
index value for the combined vent stream shall be calculated at the
exit of the last recovery device. The TRE shall be calculated during
periods when one or more batch emission episodes are occurring that
result in the highest organic HAP emission rate (in the combined vent
stream that is being routed to the recovery device) that is achievable
during the 6-month period that begins 3 months before and ends 3 months
after the TRE calculation, without causing any of the situations
described in paragraphs (o)(2)(i) through (o)(2)(iii) to occur.
(i) Causing damage to equipment;
[[Page 11619]]
(ii) Necessitating that the owner or operator make product that
does not meet an existing specification for sale to a customer; or
(iii) Necessitating that the owner or operator make product in
excess of demand.
(3) If the combined vent stream described in paragraph (o)(2) of
this section meets the requirements in paragraphs (o)(3)(i),
(o)(3)(ii), and (o)(3)(iii) of this section, the combined vent stream
shall be subject to the requirements for Group 1 process vents in
Secs. 63.113 through 63.118, except as otherwise provided in this
section, as applicable. Performance tests for the combined vent stream
shall be conducted at maximum representative operating conditions, as
described in paragraph (o)(1) of this section.
(i) The TRE index value of the combined stream is less than or
equal to 1.0;
(ii) The flow rate of the combined vent stream is greater than or
equal to 0.005 standard cubic meter per minute; and
(iii) The total organic HAP concentration is greater than or equal
to 50 parts per million by volume for the combined vent stream.
(4) If the combined vent stream described in paragraph (o)(2) of
this section meets the requirements in paragraph (o)(4)(i), (ii), or
(iii) of this section, the combined vent stream shall be subject to the
requirements for Group 2 process vents in Secs. 63.113 through 63.118,
except as otherwise provided in this section, as applicable.
(i) The TRE index value of the combined vent stream is greater than
1.0;
(ii) The flow rate of the combined vent stream is less than 0.005
standard cubic meter per minute; or
(iii) The total organic HAP concentration is less than 50 parts per
million by volume for the combined vent stream.
(5) If a batch front-end process vent or aggregate batch vent
stream is combined with a Group 2 continuous front-end process vent,
the owner or operator shall comply with the requirements in either
paragraph (o)(5)(i) or (o)(5)(ii) of this section.
(i) The owner or operator shall comply with the requirements in
Secs. 63.113 through 63.118 for Group 1 process vents; or
(ii) The owner or operator shall comply with Sec. 63.487(e)(2) for
batch front-end process vents and aggregate batch vent streams.
(p) If any gas stream that originates outside of an affected source
that is subject to this subpart is normally conducted through the same
final recovery device as any continuous front-end process vent stream
subject to this subpart, the combined vent stream shall comply with all
requirements in Secs. 63.113 through 63.118, except as otherwise
provided in this section, as applicable.
(1) Instead of measuring the vent stream flow rate at the sampling
site specified in Sec. 63.115(b)(1), the sampling site for vent stream
flow rate shall be prior to the final recovery device and prior to the
point at which the gas stream that is not controlled under this subpart
is introduced into the combined vent stream.
(2) Instead of measuring total organic HAP or TOC concentrations at
the sampling site specified in Sec. 63.115(c)(1), the sampling site for
total organic HAP or TOC concentration shall be prior to the final
recovery device and prior to the point at which the gas stream that is
not controlled under this subpart is introduced into the combined vent
stream.
(3) The efficiency of the final recovery device (determined
according to paragraph (p)(4) of this section) shall be applied to the
total organic HAP or TOC concentration measured at the sampling site
described in paragraph (p)(2) of this section to determine the exit
concentration. This exit concentration of total organic HAP or TOC
shall then be used to perform the calculations outlined in
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent
stream exiting the final recovery device.
(4) The efficiency of the final recovery device is determined by
measuring the total organic HAP or TOC concentration using Method 18 or
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery
device after the introduction of any gas stream that is not controlled
under this subpart, and at the outlet of the final recovery device.
(q) Group 1 halogenated continuous front-end process vents
described in either paragraph (q)(1) or (q)(2) of this section are
exempt from the requirements to control hydrogen halides and halogens
from the outlet of combustion devices contained in
Sec. 63.113(a)(1)(ii) and Sec. 63.113(c).
(1) Group 1 halogenated continuous front-end process vents at
existing affected sources producing butyl rubber, halobutyl rubber, or
ethylene propylene rubber using a solution process, if the conditions
in (q)(1)(i) and (ii) are met. Group 1 halogenated continuous front-end
process vents at new affected sources producing butyl rubber, halobutyl
rubber, or ethylene propylene rubber using a solution process are not
exempt from Sec. 63.113(a)(1)(ii) and Sec. 63.113(c).
(i) If the halogenated continuous front-end process vent stream was
controlled by a combustion device prior to June 12, 1995; and
(ii) If the requirements of Sec. 63.113(a)(2); Sec. 63.113(a)(3);
Sec. 63.113(b) and the associated testing requirements in Sec. 63.116;
or Sec. 63.11(b) and Sec. 63.504(c) are met.
(2) Group 1 halogenated continuous front-end process vents at new
and existing affected sources producing an elastomer using a gas-phased
reaction process, provided that the requirements of Sec. 63.113(a)(2);
Sec. 63.113(a)(3); Sec. 63.113(b) and the associated testing
requirements in Sec. 63.116; or Sec. 63.11(b) and Sec. 63.504(c) are
met.
(r) The compliance date for continuous front-end process vents
subject to the provisions of this section is specified in Sec. 63.481.
(s) Internal combustion engines. In addition to the three options
for the control of a Group 1 continuous front-end process vent listed
in Sec. 63.113(a)(1) through (3), an owner or operator will be
permitted to route emissions of organic HAP to an internal combustion
engine, provided the conditions listed in paragraphs (s)(1) through
(s)(5) of this section are met.
(1) The vent stream routed to the internal combustion engine shall
not be a halogenated continuous front-end process vent stream.
(2) The organic HAP is introduced with the primary fuel.
(3) The internal combustion engine is operating at all times that
organic HAP emissions are being routed to it. The owner or operator
shall demonstrate that the internal combustion engine is operating by
continuously monitoring the on/off status of the internal combustion
engine.
(4) The owner or operator shall maintain hourly records verifying
that the internal combustion engine was operating at all times that
emissions were routed to it.
(5) The owner or operator shall include in the Periodic Report a
report of all times that the internal combustion engine was not
operating while emissions were being routed to it.
(6) If an internal combustion engine meeting the requirements of
paragraphs (s)(1) through (5) of this section is used to comply with
the provisions of Sec. 63.113(a), the internal combustion engine is
exempt from the source testing requirements of Sec. 63.116.
(t) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method
[[Page 11620]]
25A, 40 CFR part 60, appendix A may be used for the purposes of this
subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (t)(1) and (t)(2) of this
section.
(1) 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.
(2) 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.
(u) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b),
the requirements in Sec. 63.504(c) shall apply.
8. Section 63.486 is revised to read as follows:
Sec. 63.486 Batch front-end process vent provisions.
(a) Batch front-end process vents. Except as specified in paragraph
(b) of this section, owners and operators of new and existing affected
sources with batch front-end process vents shall comply with the
requirements in Secs. 63.487 through 63.492. The batch front-end
process vent group status shall be determined in accordance with
Sec. 63.488. Owners or operators of affected sources with batch front-
end process vents classified as Group 1 shall comply with the reference
control technology requirements for Group 1 batch front-end process
vents in Sec. 63.487, the monitoring requirements in Sec. 63.489, the
performance test methods and procedures to determine compliance in
Sec. 63.490, the recordkeeping requirements in Sec. 63.491, and the
reporting requirements in Sec. 63.492. Owners and operators of all
Group 2 batch front-end process vents shall comply with the applicable
reference control technology requirements in Sec. 63.487, the
applicable recordkeeping requirements in Sec. 63.491, and the
applicable reporting requirements in Sec. 63.492.
(b) Aggregate batch vent streams. Aggregate batch vent streams, as
defined in Sec. 63.482, are subject to the control requirements
specified in Sec. 63.487(b), as well as the monitoring, testing,
recordkeeping, and reporting requirements specified in Secs. 63.489
through 63.492 for aggregate batch vent streams.
9. Section 63.487 is amended by revising paragraphs (a)
introductory text, (a)(1)(i), (b) introductory text, (b)(1)(i), (b)(2),
(c)(1), (c)(2), (e), (f), and (g); and adding paragraph (h), to read as
follows:
Sec. 63.487 Batch front-end process vents--reference control
technology.
(a) Batch front-end process vents. The owner or operator of an
affected source with a Group 1 batch front-end process vent, as
determined using the procedures in Sec. 63.488, shall comply with the
requirements of either paragraph (a)(1) or (a)(2) of this section.
Compliance may be based on either organic HAP or TOC.
(1) * * *
(i) The owner or operator of the affected source shall comply with
the requirements of Sec. 63.504(c) for the flare.
* * * * *
(b) Aggregate batch vent streams. The owner or operator of an
aggregate batch vent stream that contains one or more Group 1 batch
front-end process vents shall comply with the requirements of either
paragraph (b)(1) or (b)(2) of this section. Compliance may be based on
either organic HAP or TOC.
(1) * * *
(i) The owner or operator of the affected source shall comply with
the requirements of Sec. 63.504(c) for the flare.
* * * * *
(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 combustion devices, the emission reduction
or concentration shall be calculated on a dry basis, corrected to 3
percent oxygen.
(c) * * *
(1) If a combustion device is used to comply with paragraph (a)(2)
or (b)(2) of this section for a halogenated batch front-end process
vent or halogenated aggregate batch vent stream, the emissions exiting
the combustion device shall be ducted to a halogen reduction device
that reduces overall emissions of hydrogen halides and halogens by at
least 99 percent before discharge to the atmosphere.
(2) A halogen reduction device may be used to reduce the halogen
atom mass emission rate to less than 3,750 kg/yr for batch front-end
process vents or aggregate batch vent streams and thus make the batch
front-end process vent or aggregate batch vent stream nonhalogenated.
The nonhalogenated batch front-end process vent or aggregate batch vent
stream shall then comply with the requirements of either paragraph (a)
or (b) of this section, as appropriate.
* * * * *
(e) Combination of batch front-end process vents or aggregate batch
vent streams with continuous front-end process vents. If a batch front-
end process vent or aggregate batch vent stream is combined with a
continuous front-end process vent, the owner or operator shall
determine whether the combined vent stream is subject to the provisions
of Sec. 63.486 through 63.492 according to paragraphs (e)(1) and (e)(2)
of this section.
(1) A batch front-end process vent or aggregate batch vent stream
combined with a continuous front-end process vent stream is not subject
to the provisions of Sec. 63.486 through 63.492, if the requirements in
paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii)
are met.
(i) The only emissions to the atmosphere from the batch front-end
process vent or aggregate batch vent stream prior to being combined
with the continuous front-end process vent are from equipment subject
to Sec. 63.502.
(ii) The batch front-end vent stream or aggregate batch vent stream
is combined with a Group 1 continuous front-end process vent stream
prior to the combined vent stream being routed to a control device. In
this paragraph (e)(1)(ii), the definition of control device as it
relates to continuous front-end process vents shall be used.
Furthermore, the combined vent stream discussed in this paragraph
(e)(1)(ii) shall be subject to Sec. 63.485(o)(1).
(iii) The batch front-end process vent or aggregate batch vent
stream is combined with a continuous front-end process vent stream
prior to being routed to a recovery device. In this paragraph
(e)(1)(iii), the definition of recovery device as it relates to
continuous front-end process vents shall be used. Furthermore, the
combined vent stream discussed in this paragraph (e)(1)(iii) shall be
subject to Sec. 63.485(o)(2).
(2) If the batch front-end process vent or aggregate batch vent
stream is combined with a Group 2 continuous front-end process vent,
the group status of the batch front-end process vent shall be
determined prior to its combination with the Group 2 continuous front-
end process vent, in accordance with Sec. 63.488, and the combined vent
stream shall be subject to the requirements for aggregate batch vent
streams in Sec. 63.486 through 63.492.
(f) Group 2 batch front-end process vents with annual emissions
greater than or equal to the level specified in Sec. 63.488(d). The
owner or operator of a Group 2 batch front-end process vent with annual
emissions greater than or equal to the level specified in
[[Page 11621]]
Sec. 63.488(d) shall comply with the provisions of paragraph (f)(1),
(f)(2), or (h) of this section.
(1) The owner or operator shall comply with the requirements in
paragraphs (f)(1)(i) through (f)(1)(iv) of this section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures that the Group 2 batch front-end process vent
does not become a Group 1 batch front-end process vent.
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of
HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator of an affected source shall comply with
the recordkeeping requirements in Sec. 63.491(d)(2), and the reporting
requirements in Sec. 63.492(a)(3), (b) and (c).
(iv) The owner or operator of an affected source shall comply with
Sec. 63.488(i) when process changes are made.
(2) Comply with the requirements of this subpart for Group 1 batch
front-end process vents.
(g) Group 2 batch front-end process vents with annual emissions
less than the level specified in Sec. 63.488(d). The owner or operator
of a Group 2 batch front-end process vent with annual organic HAP
emissions less than the level specified in Sec. 63.488(d), shall comply
with paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this section.
(1) The owner or operator of the affected source shall comply with
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures emissions do not exceed the appropriate level
specified in Sec. 63.488(d).
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of
HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator of the affected source shall coply with
the recordkeeping requirements in Sec. 63.491(d)(1), and the reporting
requirements in Sec. 63.492(a)(2), (b), and (c).
(iv) The owner or operator of the affected source shall comply with
Sec. 63.488(i) when process changes are made.
(2) Comply with the requirements of paragraph (f)(1) of this
section;
(3) Comply with the requirements of paragraph (f)(2) of this
section; or
(4) Comply with the requirements of paragraph (h) of this section.
(h) Owners or operators of Group 2 batch front-end process vents
are not required to establish a batch mass input limitation if the
batch front-end process vent is Group 2 at the conditions specified in
paragraphs (h)(1) and (h)(2) of this section and if the owner or
operator complies with the recordkeeping provisions in
Secs. 63.491(a)(1) through (3), 63.491(a)(9), and 63.491(a)(4) through
(6) as applicable, and the reporting requirements in Sec. 63.492(a)(5)
and (6) and (b).
(1) Emissions for the single highest-HAP recipe (considering all
products that are produced in the batch unit operation) are used in the
group determination; and
(2) The group determination assumes that the batch unit operation
is operating at the maximum design capacity of the EPPU for 12 months.
10. Section 63.488 is amended by:
a. Revising paragraphs (a)(1), (b) introductory text, (b)(1),
(b)(2), (b)(3), (b)(4)(i), (b)(4)(ii)(B)(1), (b)(4)(iii), (b)(5)
introductory text, (b)(5)(i), through (iv), (b)(5)(v) introductory
text, (b)(5)(v)(A), (b)(6), (d), (e) introductory text, (e)(1)
introductory text, (e)(1)(i), (e)(1)(iii), (e)(2), (e)(3), (g), (h)(1)
introductory text, (h)(1)(iii), (h)(1)(iv), (h)(2) and (i), and
b. Adding paragraph (b)(9), to read as follows:
Sec. 63.488 Methods and procedures for batch front-end process vent
group determination.
(a) * * *
(1) The procedures specified in paragraphs (b) through (g) shall be
followed to determine the group status of each batch front-end process
vent. This determination shall be made in accordance with either
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
(i) An owner or operator may choose to determine the group status
of a batch front-end process vent based on the expected mix of
products. For each product, emission characteristics of the single
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this
section, for that product, shall be used in the procedures in
paragraphs (b) through (i) of this section.
(ii) An owner or operator may choose to determine the group status
of a batch front-end process vent based on annualized production of the
single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this
section, considering all products produced or processed in the batch
unit operation. The annualized production of the highest-HAP recipe
shall be based exclusively on the production of the single highest-HAP
recipe of all products produced or processed in the batch unit
operation for a 12 month period. The production level used may be the
actual production rate. It is not necessary to assume a maximum
production rate (i.e., 8,760 hours per year at maximum design
production).
(iii) The single highest-HAP recipe for a product means the recipe
of the product with the highest total mass of HAP charged to the
reactor during the production of a single batch of product.
* * * * *
(b) Determination of annual emissions. The owner or operator shall
calculate annual uncontrolled TOC or organic HAP emissions for each
batch front-end process vent using the methods described in paragraphs
(b)(1) through (b)(8) of this section. To estimate emissions from a
batch emissions episode, owners or operators may use either the
emissions estimation equations in paragraphs (b)(1) through (b)(4) of
this section, or direct measurement as specified in paragraph (b)(5) of
this section. Engineering assessment may also be used to estimate
emissions from a batch emission episode, but only under the conditions
described in paragraph (b)(6) of this section. In using the emissions
estimation equations in paragraphs (b)(1) through (b)(4) of this
section, individual component vapor pressure and molecular weight may
be obtained from standard references. Methods to determine individual
HAP partial pressures in multicomponent systems are described in
paragraph (b)(9) of this section. Other variables in the emissions
estimation equations may be obtained through direct measurement, as
defined in paragraph (b)(5) of this section, through engineering
assessment, as defined in paragraph (b)(6)(ii) of this section, by
process knowledge, or by any other appropriate means. Assumptions used
in determining these variables must be documented. Once emissions for
the batch emission episode have been determined using either the
emissions estimation equations, direct measurement, or engineering
assessment, emissions from a batch cycle shall be calculated in
accordance with paragraph (b)(7) of this section, and annual emissions
from the batch front-end process vent shall be
[[Page 11622]]
calculated in accordance with paragraph (b)(8) of this section.
(1) TOC or organic HAP emissions from the purging of an empty
vessel shall be calculated using Equation 1. This equation does not
take into account evaporation of any residual liquid in the vessel.
(2) TOC or organic HAP emissions from the purging of a filled
vessel shall be calculated using Equation 2.
(3) Emissions from vapor displacement due to transfer of material
into or out of a vessel shall be calculated using Equation 3.
[GRAPHIC] [TIFF OMITTED] TP09MR99.012
where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor
phase.
V = Volume of gas displaced from the vessel, m3.
P = Pressure of vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or
organic HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m3 kPa/
kmol deg.K.
T = Temperature of vessel vapor space, deg.K.
(4) * * *
(i) If the final temperature to which the vessel contents is heated
is lower than 50 K below the boiling point of the HAP in the vessel,
then emissions shall be calculated using the equations in paragraphs
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
(A) Emissions caused by heating of a vessel shall be calculated
using Equation 4. The assumptions made for this calculation are
atmospheric pressure of 760 mm Hg and the displaced gas is always
saturated with VOC vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TP09MR99.013
where:
Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial
pressure (kPa) TOC or each organic HAP in the vessel headspace at
initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation is not
applicable if TOC emissions are being estimated.
= Number of kilogram-moles (kg-moles) of gas
displaced, determined in accordance with paragraph (b)(4)(i)(B) of
this section.
101.325 = Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2) = Weighted average
molecular weight of TOC or total organic HAP in the displaced gas
stream, determined in accordance with paragraph (b)(4)(i)(D) of this
section.
(B) The moles of gas displaced, , is calculated
using equation 5.
[GRAPHIC] [TIFF OMITTED] TP09MR99.014
where:
= Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m3.
R = Ideal gas constant, 8.314 m3kPa/
kmolK.
Pa1 = Initial noncondensible gas partial pressure in the
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.
(C) The initial and final pressure of the noncondensible gas in the
vessel shall be calculated using equation 6.
[GRAPHIC] [TIFF OMITTED] TP09MR99.015
where:
Pa = Initial or final partial pressure of noncondensible gas in the
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each
organic HAP i in the vessel headspace, kPa, at the initial or final
temperature (T1 or T2).
n = Number of organic HAP in stream. Note: Summation is not
applicable if TOC emissions are being estimated.
(D) The weighted average molecular weight of TOC or organic HAP in
the displaced gas, MWWAVG' shall be calculated using
equation 7:
[GRAPHIC] [TIFF OMITTED] TP09MR99.016
[[Page 11623]]
where:
c = TOC or organic HAP component
n = Number of TOC or organic HAP components in stream.
(ii) * * *
(B) * * *
(1) If the final temperature of the heatup is at or lower than 5 K
below the boiling point, the final temperature for the last increment
shall be the final temperature for the heatup, even if the last
increment is less than 5 K.
* * * * *
(iii) If the vessel is operating with a condenser, and the vessel
contents are heated to the boiling point, the primary condenser is
considered part of the process, as described in Sec. 63.488(a)(2).
Emissions shall be calculated as the sum of Equation 4, which
calculates emissions due to heating the vessel contents to the
temperature of the gas exiting the condenser, and Equation 3, which
calculates emissions due to the displacement of the remaining saturated
noncondensible gas in the vessel. The final temperature in Equation 4
shall be set equal to the exit gas temperature of the condenser.
Equation 3 shall be used as written below in Equation 3a, using free
space volume, and T2 is set equal to the condenser exit gas
temperature.
[GRAPHIC] [TIFF OMITTED] TP09MR99.017
where:
Eepisode = Emissions, kg/episode.
yi = Saturated mole fraction of all TOC or organic HAP in
the vapor phase.
Vfs = Volume of the free space in the vessel,
m3.
PT = Pressure of the vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or
organic HAP in vapor, determined in accordance with paragraph
(b)(4)(i)(D) of this section.
R = Ideal gas constant, 8.314 m3kPa/
kmolK.
T = Temperature of condenser exit stream K.
(5) The owner or operator may estimate annual emissions for a batch
emission episode by direct measurement. If direct measurement is used,
the owner or operator shall either perform a test for the duration of a
representative batch emission episode or perform a test during only
those periods of the batch emission episode for which the emission rate
for the entire episode can be determined or for which the emissions are
greater than the average emission rate of the batch emission episode.
The owner or operator choosing either of these options shall develop an
emission profile for the entire batch emission episode, based on either
process knowledge or test data collected, to demonstrate that test
periods are representative. Examples of information that could
constitute process knowledge include calculations based on material
balances and process stoichiometry. Previous test results may be used
provided the results are still relevant to the current batch front-end
process vent conditions. Performance tests shall follow the procedures
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section.
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this
section shall be used to calculate the emissions per batch emission
episode.
(i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube. No traverse is necessary when Method 2A or 2D,
40 CFR part 60, appendix A is used to determine gas stream volumetric
flow rate.
(ii) Annual average batch vent flow rate shall be determined as
specified in paragraph (e) of this section.
(iii) Method 18 or Method 25A, of 40 CFR part 60, appendix A, shall
be used to determine the concentration of TOC or organic HAP, as
appropriate. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (b)(5)(iii)(A) and
(b)(5)(iii)(B) of this section.
(A) 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.
(B) 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.
(iv) If an integrated sample is taken over the entire batch
emission episode to determine average batch vent concentration of TOC
or total organic HAP, emissions shall be calculated using Equation 8.
[GRAPHIC] [TIFF OMITTED] TP09MR99.018
where:
Eepisode = Emissions, kg/episode
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average batch vent concentration of TOC or sample
organic HAP component j of the gas stream for the batch emission
episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP
component j of the gas stream, dry basis, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated using a TOC concentration
measured using Method 25A, 40 CFR part 60, appendix A.
(v) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of
this section.
(A) For each measurement point, the emission rate shall be
calculated using Equation 9.
[GRAPHIC] [TIFF OMITTED] TP09MR99.019
where:
Epoint = Emission rate for individual measurement point,
kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
[[Page 11624]]
Cj = Concentration of TOC or sample organic HAP component
j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP
component j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis,
scmm.
n = Number of organic HAP in stream. Note: Summation not applicable
if TOC emissions are being estimated using a TOC concentration
measured using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(6) Engineering assessment may be used to estimate emissions from a
batch emission episode, if the criteria in paragraph (b)(6)(i) are met.
Data or other information used to demonstrate that the criteria in
paragraph (b)(6)(i) of this section have been met shall be reported as
specified in paragraph (b)(6)(iii) of this section. Paragraph
(b)(6)(ii) of this section defines engineering assessment, for the
purposes of estimating emissions from a batch emissions episode. All
data, assumptions, and procedures used in an engineering assessment
shall be documented.
(i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or
(C) are met for a specific batch emission episode, the owner or
operator may use engineering assessment, as described in paragraph
(b)(6)(ii) of this section, to estimate emissions from that batch
emission episode, and the owner or operator is not required to use the
emissions estimation equations described in paragraphs (b)(1) through
(b)(4) of this section to estimate emissions from that batch emission
episode.
(A) Previous test data, where the measurement of organic HAP or TOC
emissions was an outcome of the test, show a greater than 20 percent
discrepancy between the test value and the value estimated using the
applicable equations in paragraphs (b)(1) through (b)(4) of this
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe
test data that will be acceptable under this paragraph (b)(6)(i)(A).
(1) Test data for the batch emission episode obtained during
production of the product for which the demonstration is being made.
(2) Test data obtained for a batch emission episode from another
process train, where the test data were obtained during production of
the product for which the demonstration is being made. Test data from
another process train may be used only if the owner or operator can
demonstrate that the data are representative of the batch emission
episode for which the demonstration is being made, taking into account
the nature, size, operating conditions, production rate, and sequence
of process steps (e.g., reaction, distillation, etc.) of the equipment
in the other process train.
(B) Previous test data obtained during the production of the
product for which the demonstration is being made, for the batch
emission episode with the highest organic HAP emissions on a mass
basis, show a greater than 20 percent discrepancy between the test
value and the value estimated using the applicable equations in
paragraphs (b)(1) through (b)(4) of this section. If the criteria in
this paragraph (b)(6)(i)(B) are met, then engineering assessment may be
used for all batch emission episodes associated with that batch cycle
for that batch unit operation.
(C) The owner or operator has requested approval to use engineering
assessment to estimate emissions from a batch emissions episode. The
request to use engineering assessment to estimate emissions from a
batch emissions episode shall contain sufficient information and data
to demonstrate to the Administrator that engineering assessment is an
accurate means of estimating emissions for that particular batch
emissions episode. The request to use engineering assessment to
estimate emissions for a batch emissions episode shall be submitted in
the Precompliance Report required under Sec. 63.506(e)(3).
(ii) Engineering assessment includes, but is not limited to, the
following:
(A) Previous test results, provided the test was representative of
current operating practices.
(B) Bench-scale or pilot-scale test data obtained under conditions
representative of current process operating conditions.
(C) Flow rate, TOC emission rate, or organic HAP emission rate
specified or implied within a permit limit applicable to the batch
front-end process vent.
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances;
(2) Estimation of flow rate based on physical equipment design,
such as pump or blower capacities;
(3) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(4) Estimation of TOC or organic HAP concentrations based on grab
samples of the liquid or vapor.
(iii) Data or other information used to demonstrate that the
criteria in paragraph (b)(6)(i) of this section have been met shall be
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B)
of this section.
(A) Data or other information used to demonstrate that the criteria
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met
shall be reported in the Notification of Compliance Status, as required
in Sec. 63.492(a)(8).
(B) The request for approval to use engineering assessment to
estimate emissions from a batch emissions episode as allowed under
paragraph (b)(6)(i)(C) of this section, and sufficient data or other
information for demonstrating to the Administrator that engineering
assessment is an accurate means of estimating emissions for that
particular batch emissions episode shall be submitted with the
Precompliance Report, as required in Sec. 63.506(e)(3).
* * * * *
(9) Individual HAP partial pressures in multicomponent systems
shall be determined using the appropriate method specified in
paragraphs (b)(9)(i) through (b)(9)(iii) of this section.
(i) If the components are miscible, use Raoult's law to calculate
the partial pressures;
(ii) If the solution is a dilute aqueous mixture, use Henry's law
constants to calculate partial pressures;
(iii) If Raoult's law or Henry's law are not appropriate or
available, the owner or operator may use any of the options in
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
(A) Experimentally obtained activity coefficients, Henry's law
constants, or solubility data;
(B) Models, such as group-contribution models, to predict activity
coefficients; or
(C) Assume the components of the system behave independently and
use the summation of all vapor pressures from the HAPs as the total HAP
partial pressure.
* * * * *
(d) Minimum emission level exemption. A batch front-end process
vent with annual emissions of TOC or organic HAP less than 11,800 kg/yr
is considered a Group 2 batch front-end process vent and the owner or
operator of that batch front-end process vent shall comply with the
requirements in Sec. 63.487(f) or (g). Annual emissions of TOC or
organic HAP are determined at the exit of the batch unit operation, as
described in paragraph (a)(2) of this section, and are determined as
specified in paragraph (b) of this section. The owner or operator of
that batch front-end process vent is not required to comply with the
provisions in paragraphs (e) through (g) of this section.
[[Page 11625]]
(e) Determination of average batch vent flow rate and annual
average batch vent flow rate. The owner or operator shall determine the
average batch vent flow rate for each batch emission episode in
accordance with one of the procedures provided in paragraphs (e)(1)
through (e)(2) of this section. The annual average batch vent flow rate
for a batch front-end process vent shall be calculated as specified in
paragraph (e)(3) of this section.
(1) Determination of the average batch vent flow rate for a batch
emission episode by direct measurement shall be made using the
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of
this section.
(i) The vent stream volumetric flow rate (FRi) for a
batch emission episode, in scmm at 20 deg.C, shall be determined using
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
* * * * *
(iii) The average batch vent flow rate for a batch emission episode
shall be calculated using Equation 13.
[GRAPHIC] [TIFF OMITTED] TP09MR99.020
where:
AFRepisode = Average batch vent flow rate for the batch
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission
episode.
(2) The average batch vent flow rate for a batch emission episode
may be determined by engineering assessment, as defined in paragraph
(b)(6)(i) of this section. All data, assumptions, and procedures used
shall be documented.
(3) The annual average batch vent flow rate for a batch front-end
process vent shall be calculated using Equation 14.
[GRAPHIC] [TIFF OMITTED] TP09MR99.021
where:
AFR = Annual average batch vent flow rate for the batch front-end
process vent, scmm.
DURi = Duration of type i batch emission episodes
annually, hr/yr.
AFRepisode = Average batch vent flow rate for type i
batch emission episode, scmm.
n = Number of types of batch emission episodes venting from the
batch front-end process vent.
* * * * *
(g) Group 1/Group 2 status determination. The owner or operator
shall compare the cutoff flow rate, calculated in accordance with
paragraph (f) of this section, with the annual average batch vent flow
rate, determined in accordance with paragraph (e)(3) of this section.
The group determination status for each batch front-end process vent
shall be made using the criteria specified in paragraphs (g)(1) and
(g)(2) of this section.
(1) If the cutoff flow rate is greater than or equal to the annual
average batch vent flow rate of the stream, the batch front-end process
vent is classified as a Group 1 batch front-end process vent.
(2) If the cutoff flow rate is less than the annual average batch
vent flow rate of the stream, the batch front-end process vent is
classified as a Group 2 batch front-end process vent.
(h) * * *
(1) The concentration of each organic compound containing halogen
atoms (ppmv, by compound) for each batch emission episode shall be
determined based on any one of the following procedures:
* * * * *
(iii) Average concentration of organic compounds containing
halogens and hydrogen halides as measured by Method 26 or 26A of 40 CFR
part 60, appendix A.
(iv) Any other method or data that has been validated according to
the applicable procedures in Method 301, 40 CFR part 63, appendix A.
(2) The annual mass emissions of halogen atoms for a batch front-
end process vent shall be calculated using Equation 16.
[GRAPHIC] [TIFF OMITTED] TP09MR99.022
where:
Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (min/yr),
where standard temperature is 20 deg.C.
AFR = Annual average batch vent flow rate of the batch front-end
process vent, determined according to paragraph (e) of this section,
scmm.
Mj,i = Molecular weight of halogen atom i in compound j,
kg/kg-mole.
Lj,i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch front-end process
vent.
m = Number of different halogens i in each compound j of the batch
front-end process vent.
Cavgj = Annual average batch vent concentration of
halogenated compound j in the batch front-end process vent, as
determined by using Equation 17, dry basis, ppmv.
[[Page 11626]]
[GRAPHIC] [TIFF OMITTED] TP09MR99.023
where:
DURi = Duration of type i batch emission episodes
annually, hr/yr.
Ci = Average batch vent concentration of halogenated
compound j in type i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the
batch front-end process vent.
* * * * *
(i) Process changes affecting Group 2 batch front-end process
vents. Whenever process changes, as described in paragraph (i)(1) of
this section, are made that affect one or more Group 2 batch front-end
process vents and that could reasonably be expected to change one or
more Group 2 batch front-end process vents to Group 1 batch front-end
process vents or that could reasonably be expected to reduce the batch
mass input limitation for one or more Group 2 batch front-end process
vents, the owner or operator of the affected source shall comply with
paragraphs (i)(2) and (i)(3) of this section.
(1) Examples of process changes include the changes listed in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
(i) For all batch front-end process vents, examples of process
changes include, but are not limited to, changes in feedstock type or
catalyst type; or whenever there is replacement, removal, or
modification of recovery equipment considered part of the batch unit
operation as specified in paragraph (a)(2) of this section; or
increases in production capacity or production rate. For purposes of
this paragraph, process changes do not include: Process upsets;
unintentional, temporary process changes; and changes that are within
the margin of variation on which the original group determination was
based.
(ii) For Group 2 batch front-end process vents where the group
determination and batch mass input limitation are based on the expected
mix of products, the situations described in paragraphs (i)(1)(ii)(A)
and (B) of this section shall be considered to be process changes.
(A) The production of combinations of products not considered in
establishing the batch mass input limitation.
(B) The production of a recipe of a product with a total mass of
HAP charged to the reactor during the production of a single batch of
product that is higher than the total mass of HAP for the recipe used
as the single highest-HAP recipe for that product in the batch mass
input limitation determination.
(iii) For Group 2 batch front-end process vents where the group
determination and batch mass input limitation are based on the single
highest-HAP recipe (considering all products produced or processed in
the batch unit operation), the production of a recipe having a total
mass of HAP charged to the reactor (during the production of a single
batch of product) that is higher than the total mass of HAP for the
highest-HAP recipe used in the batch mass input limitation
determination shall be considered to be a process change.
(2) For each batch front-end process vent affected by a process
change, the owner or operator shall redetermine the group status by
repeating the procedures specified in paragraphs (b) through (g) of
this section, as applicable. Alternatively, engineering assessment, as
described in paragraph (b)(6)(i) of this section, may be used to
determine the effects of the process change.
(3) Based on the results of paragraph (i)(2) of this section,
owners or operators of affected sources shall comply with either
paragraph (i)(3)(i), (ii), or (iii) of this section.
(i) If the group redetermination described in paragraph (i)(2) of
this section indicates that a Group 2 batch front-end process vent has
become a Group 1 batch front-end process vent as a result of the
process change, the owner or operator of the affected source shall
submit a report as specified in Sec. 63.492(b) and shall comply with
the Group 1 provisions in Secs. 63.487 through 63.492 in accordance
with Sec. 63.480(i)(2)(ii).
(ii) If the redetermination described in paragraph (i)(2) of this
section indicates that a Group 2 batch front-end process vent with
annual emissions less than the applicable level specified in paragraph
(d) of this section, and that is in compliance with Sec. 63.487(g), now
has annual emissions greater than or equal to the applicable level
specified by paragraph (d) of this section but remains a Group 2 batch
front-end process vent, the owner or operator of the affected source
shall comply with the provisions in paragraphs (i)(3)(ii)(A) through
(C) of this section.
(A) Redetermine the batch mass input limitation;
(B) Submit a report as specified in Sec. 63.492(c); and
(C) Comply with Sec. 63.487(f), beginning with the year following
the submittal of the report submitted according to paragraph
(i)(3)(ii)(B) of this section.
(iii) If the group redetermination described in paragraph (i)(2) of
this section indicates no change in group status or no change in the
relation of annual emissions to the levels specified in paragraph (d)
of this section, the owner or operator of the affected source shall
comply with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this
section.
(A) The owner or operator shall redetermine the batch mass input
limitation; and
(B) The owner or operator shall submit the new batch mass input
limitation in accordance with Sec. 63.492(c).
11. Section 63.489 is amended by revising the section title and
paragraphs (a) introductory text, (a)(2), (b) introductory text, (b)(4)
introductory text, (b)(4)(ii), (b)(7), (c) introductory text, (d)
introductory text, (d)(2), (e)(1) introductory text, (e)(1)(ii), and
(e)(3); and removing paragraph (d)(3), to read as follows:
Sec. 63.489 Batch front-end process vents--monitoring equipment.
(a) General requirements. Each owner or operator of a batch front-
end process vent or aggregate batch vent stream that uses a control
device to comply with the requirements in Sec. 63.487(a)(2) or
Sec. 63.487(b)(2) shall install the monitoring equipment specified in
paragraph (b) of this section. All monitoring equipment shall be
installed, calibrated, maintained, and operated according to the
manufacturer's specifications or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
* * * * *
(2) Except as otherwise provided in this subpart, the owner or
operator shall operate control devices such that the daily average of
monitored parameters,
[[Page 11627]]
established as specified in paragraph (e) of this section, remains
above the minimum level or below the maximum level, as appropriate.
(b) Batch front-end process vent and aggregate batch vent stream
monitoring equipment. The monitoring equipment specified in paragraphs
(b)(1) through (b)(8) of this section shall be installed as specified
in paragraph (a) of this section. The parameters to be monitored are
specified in Table 6 of this subpart.
* * * * *
(4) Where a scrubber is used with an incinerator, boiler, or
process heater in concert with the combustion of halogenated batch
front-end process vents or halogenated aggregate batch vent streams,
the following monitoring equipment is required for the scrubber:
* * * * *
(ii) A flow measurement device equipped with a continuous recorder
shall be located at the scrubber influent for liquid flow. Gas stream
flow shall be determined using one of the procedures specified in
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the
owner or operator may determine gas stream flow by the method that had
been utilized to comply with those regulations. A determination that
was conducted prior to the compliance date for this subpart may be
utilized to comply with this subpart if it is still representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least
provide a value for either a representative or the highest gas stream
flow anticipated in the scrubber during representative operating
conditions other than start-ups, shutdowns, or malfunctions. The plan
shall include a description of the methodology to be followed and an
explanation of how the selected methodology will reliably determine the
gas stream flow, and a description of the records that will be
maintained to document the determination of gas stream flow. The owner
or operator shall maintain the plan as specified in Sec. 63.506(a).
* * * * *
(7) Where a carbon adsorber is used, an integrating regeneration
steam flow, nitrogen flow, or pressure monitoring device having an
accuracy of 10 percent of the flow rate, level, or
pressure, or better, capable of recording the total regeneration steam
flow or nitrogen flow, or pressure (gauge or absolute) for each
regeneration cycle; and a carbon bed temperature monitoring device,
capable of recording the carbon bed temperature after each regeneration
and within 15 minutes of completing any cooling cycle are required.
* * * * *
(c) Alternative monitoring parameters. An owner or operator of a
batch front-end process vent or aggregate batch vent stream may request
approval to monitor parameters other than those required by paragraph
(b) of this section. The request shall be submitted according to the
procedures specified in Sec. 63.492(e) and Sec. 63.506(f). Approval
shall be requested if the owner or operator:
* * * * *
(d) Monitoring of bypass lines. The owner or operator of a batch
front-end process vent or aggregate batch vent stream using a vent
system that contains bypass lines that could divert emissions away from
a control device used to comply with Sec. 63.487(a) or Sec. 63.487(b)
shall comply with either paragraph (d)(1) or (d)(2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, and pressure relief valves needed for
safety purposes are not subject to this paragraph (d).
* * * * *
(2) Secure the bypass line damper or valve in the non-diverting
position with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure that the damper or valve is maintained in
the non-diverting position and emissions are not diverted through the
bypass line. Records shall be generated as specified in
Sec. 63.491(e)(4).
(e) * * *
(1) For each parameter monitored under paragraph (b) or (c) of this
section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 7
of this subpart, that indicates proper operation of the control device.
The level shall be established in accordance with the procedures
specified in Sec. 63.505. The level may be based upon a prior
performance test conducted for determining compliance with a regulation
promulgated by the EPA, and the owner or operator is not required to
conduct a performance test under Sec. 63.490, provided that the prior
performance test meets the conditions of Sec. 63.490(b)(3).
* * * * *
(ii) For aggregate batch vent streams using a control device to
comply with Sec. 63.487(b)(2), the established level shall reflect the
emission reduction requirement of 90 percent specified in
Sec. 63.487(b)(2).
* * * * *
(3) The operating day shall be defined as part of establishing the
parameter monitoring level and shall be submitted with the information
in paragraph (e)(2) of this section. The definition of operating day
shall specify the time(s) at which an operating day begins and ends.
The operating day shall not exceed 24 hours.
12. Section 63.490 is amended by:
a. Revising paragraphs (a), (b) introductory text, (b)(3), (b)(5),
(c) introductory text, (c)(1)(i)(A), (c)(1)(i)(B) introductory text,
(c)(1)(i)(C), (c)(1)(i)(D), (c)(1)(ii), (c)(1)(iii) introductory text,
(c)(1)(iii)(A), (c)(1)(v), (c)(2) introductory text, (d)(1),
(d)(2)(ii), (d)(3), (d)(4), (d)(5), (e), and (f); and
b. Removing paragraph (b)(6), to read as follows:
Sec. 63.490 Batch front-end process vents--performance test methods
and procedures to determine compliance.
(a) Use of a flare. When a flare is used to comply with
Sec. 63.487(a)(1) or Sec. 63.487(b)(1), the owner or operator of an
affected source shall comply with Sec. 63.504(c).
(b) Exceptions to performance tests. An owner or operator is not
required to conduct a performance test when a control device specified
in paragraphs (b)(1) through (b)(5) of this section is used to comply
with Sec. 63.487(a)(2).
* * * * *
(3) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same Methods specified in this section and
either no deliberate process changes have been made since the test, or
the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
* * * * *
(5) A hazardous waste incinerator for which the owner or operator
has been
[[Page 11628]]
issued a final permit under 40 CFR part 270 and complies with the
requirements of 40 CFR part 264, subpart O, or has certified compliance
with the interim status requirements of 40 CFR part 265, subpart O.
(c) Batch front-end process vent testing and procedures for
compliance with Sec. 63.487(a)(2). Except as provided in paragraph (a)
or (b) of this section, an owner or operator using a control device to
comply with Sec. 63.487(a)(2) shall conduct a performance test using
the procedures specified in paragraph (c)(1) of this section in order
to determine the control efficiency of the control device. An owner or
operator shall determine the percent reduction for the batch cycle
using the control efficiency of the control device as specified in
paragraphs (c)(2)(i) through (c)(2)(iii) of this section and the
procedures specified in paragraph (c)(2) of this section. Compliance
may be based on either total organic HAP or TOC. For purposes of this
paragraph (c), the term ``batch emission episode'' shall have the
meaning ``period of the batch emission episode selected for control,''
which may be the entire batch emission episode or may only be a portion
of the batch emission episode.
(1) * * *
(i) * * *
(A) Alternatively, an owner or operator may choose to test only
those periods of the batch emission episode during which the emission
rate for the entire episode can be determined or during which the
emissions are greater than the average emission rate of the batch
emission episode. The owner or operator choosing either of these
options shall develop an emission profile for the entire batch emission
episode, based on either process knowledge or test data collected, to
demonstrate that test periods are representative. Examples of
information that could constitute process knowledge include
calculations based on material balances and process stoichiometry.
Previous test results may be used, provided the results are still
relevant to the current batch front-end process vent conditions.
(B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube, except that references to particulate matter in
Method 1A do not apply for the purposes of this subpart. No traverse is
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to
determine gas stream volumetric flow rate. Inlet sampling sites shall
be located as specified in paragraphs (c)(1)(i)(B)(1) and
(c)(1)(i)(B)(2) of this section. Outlet sampling sites shall be located
at the outlet of the final control device prior to release to the
atmosphere.
* * * * *
(C) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.488(e).
(D) Method 18 or Method 25A of 40 CFR part 60, appendix A, shall be
used to determine the concentration of organic HAP or TOC, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301, 40 CFR
part 63, appendix A, may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
(1) 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.
(2) 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.
(ii) If an integrated sample is taken over the entire batch
emission episode to determine the average batch vent concentration of
TOC or total organic HAP, emissions per batch emission episode shall be
calculated using Equations 18 and 19.
[GRAPHIC] [TIFF OMITTED] TP09MR99.024
[GRAPHIC] [TIFF OMITTED] TP09MR99.046
where:
Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average inlet or outlet concentration of TOC or
sample organic HAP component j of the gas stream for the batch
emission episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP
component j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch
emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream.
Note: Summation is not applicable if TOC emissions are being
estimated using a TOC concentration measured using Method 25A, 40
CFR part 60, appendix A.
(iii) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) of
this section.
(A) For each measurement point, the emission rates shall be
calculated using Equations 20 and 21.
[GRAPHIC] [TIFF OMITTED] TP09MR99.025
[[Page 11629]]
[GRAPHIC] [TIFF OMITTED] TP09MR99.026
where:
Epoint = Inlet or outlet emission rate for the
measurement point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Inlet or outlet concentration of TOC or sample organic HAP
component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component j of
the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement
point, dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation is not
applicable if TOC emissions are being estimated using a TOC
concentration measured using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(v) If the batch front-end process vent entering a boiler or
process heater with a design capacity less than 44 megawatts is
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total organic HAP or TOC across the device shall
be determined by comparing the TOC or total organic HAP in all
combusted batch front-end process vents and primary and secondary fuels
with the TOC or total organic HAP, respectively, exiting the combustion
device.
(2) The percent reduction for the batch cycle shall be determined
using Equation 25 and the control device efficiencies specified in
paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All
information used to calculate the batch cycle percent reduction,
including a definition of the batch cycle identifying all batch
emission episodes, shall be recorded as specified in Sec. 63.491(b)(2).
This information shall include identification of those batch emission
episodes, or portions thereof, selected for control.
[GRAPHIC] [TIFF OMITTED] TP09MR99.027
where:
Eunc = Mass rate of TOC or total organic HAP for
uncontrolled batch emission episode i, kg/hr.
Einlet con = Mass rate of TOC or total organic HAP for
controlled batch emission episode i at the inlet to the control
device, kg/hr.
R = Control efficiency of control device as specified in paragraphs
(c)(2)(i) through (c)(2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled batch
emission episodes, and control devices. The value of n is not
necessarily the same for these three items.
* * * * *
(d) * * *
(1) Sampling sites shall be located at the inlet and outlet of the
scrubber or other halogen reduction device used to reduce halogen
emissions in complying with Sec. 63.487(c)(1) or at the outlet of the
halogen reduction device used to reduce halogen emissions in complying
with Sec. 63.487(c)(2).
(2) * * *
(ii) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.488(e).
(3) To determine compliance with the percent reduction specified in
Sec. 63.487(c)(1), the mass emissions for any hydrogen halides and
halogens present at the inlet of the scrubber or other halogen
reduction device shall be summed together. The mass emissions of any
hydrogen halides or halogens present at the outlet of the scrubber or
other halogen reduction device shall be summed together. Percent
reduction shall be determined by subtracting the outlet mass emissions
from the inlet mass emissions and then dividing the result by the inlet
mass emissions and multiplying by 100.
(4) To determine compliance with the emission limit specified in
Sec. 63.487(c)(2), the annual mass emissions for any hydrogen halides
and halogens present at the outlet of the halogen reduction device and
prior to any combustion device shall be summed together and compared to
the emission limit specified in Sec. 63.487(c)(2).
(5) The owner or operator may use any other method to demonstrate
compliance if the method or data has been validated according to the
applicable procedures of Method 301, 40 CFR part 63, appendix A.
(e) Aggregate batch vent stream testing for compliance with
Sec. 63.487(b)(2). Except as specified in paragraphs (e)(1) through
(e)(2) 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).
(1) For the purposes of this subpart, when the provisions of
Sec. 63.116(c) specify that Method 18, 40 CFR part 60, appendix A shall
be used, 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 (e)(1)(i) and (e)(1)(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.
(2) When Sec. 63.116(c)(4) refers to complying with an emission
reduction of 98 percent, for the purposes of this subpart, the 90
percent reduction requirement specified in Sec. 63.487(b)(2) shall
apply.
(f) Batch mass input limitation. The batch mass input limitation
required by Sec. 63.487(g)(1) shall be determined by the owner or
operator such that annual emissions for the batch front-end process
vent remain less than the level specified in Sec. 63.488(d). The batch
mass input limitation required by
[[Page 11630]]
Sec. 63.487(f)(1) shall be determined by the owner or operator such
that annual emissions remain at a level that ensures that the batch
front-end process vent remains a Group 2 batch front-end process vent,
given the actual annual flow rate for that batch front-end process vent
determined according to Sec. 63.488(e)(3). The batch mass input
limitation shall be determined using the same basis, as described in
Sec. 63.488(a)(1), used to make the group determination (i.e., expected
mix of products or highest-HAP recipe). The establishment of the batch
mass input limitation is not dependent upon any past production or
activity level.
(1) If the expected mix of products serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based on any foreseeable combination of products that the
owner or operator expects to manufacture.
(2) If the single highest-HAP recipe serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based solely on the production of the single highest-HAP
recipe, considering all products produced or processed in the batch
unit operation.
13. Section 63.491 is amended by:
a. Revising paragraphs (a) introductory text, (a)(1), (a)(2),
(a)(3)(i), (a)(4), (a)(7), (a)(8), (a)(9), (b) introductory text,
(b)(1), (b)(2), (b)(3)(ii), (b)(3)(iii), (b)(4)(iv), (d)(1), (d)(2),
(e) introductory text, (e)(1)(i), (e)(1)(ii), (e)(2) introductory text,
(e)(2)(i), (e)(2)(ii), (e)(3), (e)(4) introductory text, and (e)(4)(i),
and (f);
b. Adding paragraph (g); and
c. Removing and reserving paragraph (e)(4)(ii), to read as follows:
Sec. 63.491 Batch front-end process vents--recordkeeping requirements.
(a) Group determination records for batch front-end process vents.
Except as provided in paragraphs (a)(7) and (a)(8) of this section,
each owner or operator of an affected source shall maintain the records
specified in paragraphs (a)(1) through (a)(6) of this section for each
batch front-end process vent subject to the group determination
procedures of Sec. 63.488. Except for paragraph (a)(1) of this section,
the records required to be maintained by this paragraph are limited to
the information developed and used to make the group determination
under Secs. 63.488(b) through 63.488(g), as appropriate. If an owner or
operator did not need to develop certain information (e.g., annual
average batch vent flow rate) to determine the group status, this
paragraph does not require that additional information be developed.
Paragraph (a)(9) of this section specifies the recordkeeping
requirements for Group 2 batch front-end process vents that are exempt
from the batch mass input limitation provisions, as allowed under
Sec. 63.487(h).
(1) An identification of each unique product that has emissions
from one or more batch emission episodes venting from the batch front-
end process vent, along with an identification of the single highest-
HAP recipe for each product and the mass of HAP fed to the reactor for
that recipe.
(2) A description of, and an emission estimate for, each batch
emission episode, and the total emissions associated with one batch
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this
section, as appropriate.
(i) If the group determination is based on the expected mix of
products, records shall include the emission estimates for the single
highest-HAP recipe of each unique product identified in paragraph
(a)(1) of this section that was considered in making the group
determination under Sec. 63.488.
(ii) If the group determination is based on the single highest-HAP
recipe (considering all products produced or processed in the batch
unit operation), records shall include the emission estimates for the
single highest-HAP recipe.
(3) * * *
(i) For Group 2 batch front-end process vents, emissions shall be
determined at the batch mass input limitation.
* * * * *
(4) The annual average batch vent flow rate for the batch front-end
process vent as determined in accordance with Sec. 63.488(e).
* * * * *
(7) If a batch front-end process vent is subject to Sec. 63.487(a)
or Sec. 63.487(b), none of the records in paragraphs (a)(1) through
(a)(6) of this section are required.
(8) If the total annual emissions from the batch front-end process
vent during the group determination are less than the appropriate level
specified in Sec. 63.488(d), only the records in paragraphs (a)(1)
through (a)(3) of this section are required.
(9) For each Group 2 batch front-end process vent that is exempt
from the batch mass input limitation provisions because it meets the
criteria of Sec. 63.487(h), the records specified in paragraphs
(a)(9)(i) and (ii) shall be maintained.
(i) Documentation of the maximum design capacity of the EPPU; and
(ii) The mass of HAP or material that can be charged annually to
the batch unit operation at the maximum design capacity.
(b) Compliance demonstration records. Each owner or operator of a
batch front-end process vent or aggregate batch vent stream complying
with Sec. 63.487(a) or (b), shall keep the following records, as
applicable, readily accessible:
(1) The annual mass emissions of halogen atoms in the batch front-
end process vent or aggregate batch vent stream determined according to
the procedures specified in Sec. 63.488(h).
(2) If the owner or operator of a batch front-end process vent has
chosen to comply with Sec. 63.487(a)(2), records documenting the batch
cycle percent reduction as specified in Sec. 63.490(c)(2).
(3) * * *
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination required by Sec. 63.504(c); and
(iii) Periods when all pilot flames were absent.
(4) * * *
(iv) For a scrubber or other halogen reduction device following a
combustion device to control halogenated batch front-end process vents
or halogenated aggregate batch vent streams, the percent reduction of
total hydrogen halides and halogens, as determined under
Sec. 63.490(d)(3) or the emission limit determined under
Sec. 63.490(d)(4).
* * * * *
(d) * * *
(1) The owner or operator of a Group 2 batch front-end process vent
required to comply with Sec. 63.487(g) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.487(g)(1) and specified in Sec. 63.490(f).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(2) The owner or operator of a Group 2 batch front-end process vent
complying with Sec. 63.487(f) shall keep the following records readily
accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.487(f)(1) and specified in Sec. 63.490(f).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(e) Controlled batch front-end process vent continuous compliance
records. Each owner or operator of a batch front-
[[Page 11631]]
end process vent that has chosen to use a control device to comply with
Sec. 63.487(a) shall keep the following records readily accessible:
(1) * * *
(i) For flares, the records specified in Table 6 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 6 of this
subpart shall be maintained in place of batch cycle daily averages.
(2) Records of the batch cycle daily average value of each
continuously monitored parameter, except as provided in paragraph
(e)(2)(iii) of this section, as calculated using the procedures
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
(i) The batch cycle daily average shall be calculated as the
average of all parameter values measured for an operating day during
those batch emission episodes, or portions thereof, in the batch cycle
that the owner or operator has selected to control.
(ii) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle
daily averages. In addition, monitoring data recorded during periods of
non-operation of the EPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions, or periods of start-up, shutdown,
or malfunction shall not be included in computing the batch cycle daily
averages.
* * * * *
(3) Hourly records of whether the flow indicator for bypass lines
specified under Sec. 63.489(d)(1) was operating and whether a diversion
was detected at any time during the hour. Also, records of the times of
all periods when the vent is diverted from the control device, or the
flow indicator specified in Sec. 63.489(d)(1) is not operating.
(4) Where a seal or closure mechanism is used to comply with
Sec. 63.489(d)(2), hourly records of whether a diversion was detected
at any time are not required.
(i) For compliance with Sec. 63.489(d)(2), the owner or operator
shall record whether the monthly visual inspection of the seals or
closure mechanism has been done, and shall record the occurrence of all
periods when the seal mechanism is broken, the bypass line damper or
valve position has changed, or the key for a lock-and-key type
configuration has been checked out, and records of any car-seal that
has been broken.
(ii) [Reserved.]
* * * * *
(f) Aggregate batch vent stream continuous compliance records. In
addition to the records specified in paragraphs (b) and (c) of this
section, each owner or operator of an aggregate batch vent stream using
a control device to comply with Sec. 63.487(b)(1) or (b)(2) shall keep
the following records readily accessible:.
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.489(b) and listed in Table 6 of
this subpart, as applicable, or specified by the Administrator in
accordance with Sec. 63.492(e), as allowed under Sec. 63.489(c), with
the exceptions listed in paragraphs (f)(1)(i) and (f)(1)(ii) of this
section.
(i) For flares, the records specified in Table 6 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 6 of this
subpart shall be maintained in place of daily averages.
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.506(d).
(3) For demonstrating compliance with the monitoring of bypass
lines as specified in Sec. 63.489(d), records as specified in paragraph
(e)(3) or (e)(4) of this section, as appropriate.
(g) Documentation supporting the establishment of the batch mass
input limitation shall include the information specified in paragraphs
(g)(1) through (g)(5) of this section, as appropriate.
(1) Identification of whether the purpose of the batch mass input
limitation is to comply with Sec. 63.487(f)(1) or (g)(1).
(2) Identification of whether the batch mass input limitation is
based on the single highest-HAP recipe (considering all products) or on
the expected mix of products for the batch front-end process vent as
allowed under Sec. 63.488(a)(1).
(3) Definition of the operating year, for the purposes of
determining compliance with the batch mass input limitation.
(4) If the batch mass input limitation is based on the expected mix
of products, the owner or operator shall provide documentation that
describes as many scenarios for differing mixes of products (i.e., how
many of each type of product) as the owner or operator desires the
flexibility to accomplish. Alternatively, the owner or operator shall
provide a description of the relationship among the mix of products
that will allow a determination of compliance with the batch mass input
limitation under any number of scenarios.
(5) The mass of HAP or material allowed to be charged to the batch
unit operation per year under the batch mass input limitation.
14. Section 63.492 is amended by:
a. Revising paragraph (a) introductory text, (b), (c) introductory
text, (c)(2), (d), (e), and (f);
b. Adding paragraphs (a)(5) and (a)(6); and
c. Removing paragraph (c)(3), to read as follows:
Sec. 63.492 Batch front-end process vents--reporting requirements.
(a) The owner or operator of a batch front-end process vent or
aggregate batch vent stream at an affected source shall submit the
information specified in paragraphs (a)(1) through (a)(6) of this
section, as appropriate, as part of the Notification of Compliance
Status specified in Sec. 63.506(e)(5).
* * * * *
(5) For each Group 2 batch front-end process vent that is exempt
from the batch mass input limitation provisions because it meets the
criteria of Sec. 63.487(h), the information specified in
Sec. 63.491(a)(1) through (3), and the information specified in
Sec. 63.491(a)(4) through (6) as applicable, calculated at the
conditions specified in Sec. 63.487(h).
(6) When engineering assessment has been used to estimate emissions
from a batch emissions episode and the criteria specified in
Sec. 63.488(b)(6)(i)(A) or (B) have been met, the owner or operator
shall submit the information demonstrating that the criteria specified
in Sec. 63.488(b)(6)(i)(A) or (B) have been met as part of the
Notification of Compliance Status required by Sec. 63.506(e)(5).
(b) Whenever a process change, as defined in Sec. 63.488(i)(1), is
made that causes a Group 2 batch front-end process vent to become a
Group 1 batch front-end process vent, the owner or operator shall
notify the Administrator and submit a description of the process change
within 180 days after the process change is made or with the next
Periodic Report, whichever is later. The owner or operator of an
affected source shall comply with the Group 1 batch front-end process
vent provisions in Secs. 63.486 through 63.492 in accordance with
Sec. 63.480(i)(2)(ii).
(c) Whenever a process change, as defined in Sec. 63.488(i)(1), is
made that causes a Group 2 batch front-end process vent with annual
emissions less than the level specified in Sec. 63.488(d)
[[Page 11632]]
for which the owner or operator is required to comply with
Sec. 63.487(g) to have annual emissions greater than or equal to the
level specified in Sec. 63.488(d) but remains a Group 2 batch front-end
process vent, or if a process change is made that requires the owner or
operator to redetermine the batch mass input limitation as specified in
Sec. 63.488(i)(3), the owner or operator shall submit a report within
180 days after the process change is made or with the next Periodic
Report, whichever is later. The following information shall be
submitted:
* * * * *
(2) The batch mass input limitation determined in accordance with
Sec. 63.487(f)(1).
(d) The owner or operator is not required to submit a report of a
process change if one of the conditions specified in paragraph (d)(1)
or (d)(2) of this section is met.
(1) The change does not meet the description of a process change in
Sec. 63.488(i).
(2) The redetermined group status remains Group 2 for an individual
batch front-end process vent with annual emissions greater than or
equal to the level specified in Sec. 63.488(d) and the batch mass input
limitation does not decrease, or a Group 2 batch front-end process vent
with annual emissions less than the level specified in Sec. 63.488(d)
complying with Sec. 63.487(g) continues to have emissions less than the
level specified in Sec. 63.488(d) and the batch mass input limitation
does not decrease.
(e) If an owner or operator uses a control device other than those
specified in Sec. 63.489(b) and listed in Table 6 of this subpart or
requests approval to monitor a parameter other than those specified in
Sec. 63.489(b) and listed in Table 6 of this subpart, the owner or
operator shall submit a description of planned reporting and
recordkeeping procedures, as specified in Sec. 63.506(f), as part of
the Precompliance Report as required under Sec. 63.506(e)(3). The
Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the Precompliance Report.
(f) Owners or operators of affected sources complying with
Sec. 63.489(d), shall comply with paragraph (f)(1) or (f)(2) of this
section, as appropriate.
(1) Submit reports of the times of all periods recorded under
Sec. 63.491(e)(3) when the batch front-end process vent is diverted
away from the control device through a bypass line, with the next
Periodic Report.
(2) Submit reports of all occurrences recorded under
Sec. 63.491(e)(4) in which the seal mechanism is broken, the bypass
line damper or valve position has changed, or the key to unlock the
bypass line damper or valve was checked out, with the next Periodic
Report.
15. Section 63.493 is revised to read as follows:
Sec. 63.493 Back-end process provisions.
Owners and operators of new and existing affected sources shall
comply with the requirements in Secs. 63.494 through 63.500. Owners and
operators of affected sources whose only elastomer products are latex
products, liquid rubber products, or products produced in a gas-phased
reaction process are not subject to the provisions of Secs. 63.494
through 63.500. Section 63.494 contains residual organic HAP
limitations. Compliance with these residual organic HAP limitations may
be achieved by using either stripping technology, or by using control
or recovery devices. If compliance with these limitations is achieved
using stripping technology, the procedures to determine compliance are
specified in Sec. 63.495. If compliance with these limitations is
achieved using control or recovery devices, the procedures to determine
compliance are specified in Sec. 63.496, and associated monitoring
requirements are specified in Sec. 63.497. Recordkeeping requirements
are contained in Sec. 63.498, and reporting requirements in
Sec. 63.499. Section 63.500 contains a limitation on carbon disulfide
emissions from affected sources that produce styrene butadiene rubber
using an emulsion process. Table 8 contains a summary of compliance
alternative requirements for these sections.
16. Section 63.494 is amended by revising paragraphs (a)
introductory text, (a)(1)(i), (a)(2)(i), (a)(3)(i), and (a)(4); and
adding paragraph (d), to read as follows:
Sec. 63.494 Back-end process provisions--residual organic HAP
limitations.
(a) The monthly weighted average residual organic HAP content of
all grades of elastomer processed, measured after the stripping
operation [or the reactor(s), if the plant has no stripper(s)] as
specified in Sec. 63.495(d), shall not exceed the limits provided in
paragraphs (a)(1) through (a)(4) of this section, as applicable. Owners
or operators of affected sources shall comply with the requirements of
this paragraph using either stripping technology or control or recovery
devices.
(1) * * *
(i) A monthly weighted average of 0.40 kg styrene per megagram (Mg)
latex for existing affected sources; and
* * * * *
(2) * * *
(i) A monthly weighted average of 10 kg total organic HAP per Mg
crumb rubber (dry weight) for existing affected sources; and
* * * * *
(3) * * *
(i) A monthly weighted average of 8 kg total organic HAP per Mg
crumb rubber (dry weight) for existing affected sources; and
* * * * *
(4) There are no back-end process operation residual organic HAP
limitations for neoprene, HypalonTM, nitrile-butadiene
rubber, butyl rubber, halobutyl rubber, epichlorohydrin elastomer, and
polysulfide rubber. There are also no back-end process operation
residual organic HAP limitations for styrene butadiene rubber produced
by any process other than a solution or emulsion process, polybutadiene
rubber produced by any process other than a solution process, or
ethylene-propylene rubber produced by any process other than a solution
process.
* * * * *
(d) If the owner or operator complies with the residual organic HAP
limitations in paragraph (a) of this section using a flare, the owner
or operator of an affected source shall comply with the requirements in
Sec. 63.504(c).
17. Section 63.495 is amended by revising paragraphs (b)(2)(i),
(b)(2)(ii), and (b)(5), to read as follows:
Sec. 63.495 Back-end process provisions--procedures to determine
compliance using stripping technology.
* * * * *
(b) * * *
(2) * * *
(i) If a stripper operated in batch mode is used, at least one
representative sample is to be taken from every batch of elastomer
produced, at the location specified in paragraph (d) of this section,
and identified by elastomer type and by the date and time the batch is
completed.
(ii) If a stripper operated in continuous mode is used, at least
one representative sample is to be taken each operating day. The sample
is to be taken at the location specified in paragraph (d) of this
section, and identified by elastomer type and by the date and time the
sample was taken.
* * * * *
(5) The monthly weighted average shall be determined using the
equation
[[Page 11633]]
in paragraph (f) of this section. All samples taken and analyzed during
the month shall be used in the determination of the monthly weighted
average, except samples taken during periods of start-up, shutdown, or
malfunction.
* * * * *
18. Section 63.496 is amended by revising paragraphs (b)
introductory text, (b)(5)(i), (b)(5)(iii), (b)(6)(iv), (b)(7)
introductory text, (b)(7)(i), (b)(7)(iv), (b)(8) introductory text, and
(c)(1); and adding paragraph (b)(7)(vi), to read as follows:
Sec. 63.496 Back-end process provisions--procedures to determine
compliance using control or recovery devices.
* * * * *
(b) Compliance shall be demonstrated using the provisions in
paragraphs (b)(1) through (b)(8) of this section, as applicable.
* * * * *
(5) * * *
(i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites. Sampling sites for
inlet emissions shall be located as specified in paragraphs
(b)(5)(i)(A) or (b)(5)(i)(B) of this section. Sampling sites for outlet
emissions shall be located at the outlet of the control or recovery
device.
(A) The inlet sampling site shall be located at the exit of the
back-end process unit operation before any opportunity for emission to
the atmosphere [with the exception of equipment in compliance with the
requirements in Secs. 63.502(a) through 63.502(m)], and before any
control or recovery device.
(B) If back-end process vent streams are combined prior to being
routed to control or recovery devices, the inlet sampling site may be
for the combined stream, as long as there is no opportunity for
emission to the atmosphere [with the exception of equipment in
compliance with the requirements in Secs. 63.502(a) through 63.502(m)]
from any of the streams prior to being combined.
* * * * *
(iii) To determine the inlet and outlet total organic HAP
concentrations, the owner or operator shall use Method 18 or Method 25A
of 40 CFR part 60, appendix A. Alternatively, any other method or data
that has been validated according to the applicable procedures in
Method 301, 40 CFR part 63, appendix A may be used. The minimum
sampling time for each run shall be in accordance with paragraph (b)(1)
of this section, during which either an integrated sample or grab
samples shall be taken. If grab sampling is used, then the samples
shall be taken at approximately equal intervals during the run, with
the time between samples no greater than 15 minutes.
* * * * *
(6) * * *
(iv) The outlet total organic HAP emissions associated with the
back-end process unit operation shall be calculated using Equation 30,
as shown in paragraph (b)(8) of this section.
(7) An owner or operator is not required to conduct a source test
to determine the outlet organic HAP emissions if any control device
specified in paragraphs (b)(7)(i) through (b)(7)(vi) of this section is
used. For these devices, the inlet emissions associated with the back-
end process unit operation shall be determined in accordance with
paragraph (b)(5) of this section, and the outlet emissions shall be
calculated using the equation in paragraph (b)(8) of this section.
(i) A flare. The owner or operator shall demonstrate compliance as
provided in Sec. 63.504(c).
* * * * *
(iv) A control device for which a performance test was conducted
for determining compliance with a regulation promulgated by the EPA and
the test was conducted using the same Methods specified in this section
and either no deliberate process changes have been made since the test,
or the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
* * * * *
(vi) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR Part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(8) If one of the control devices listed in paragraph (b)(6) or
(b)(7) of this section is used, the outlet emissions shall be
calculated using Equation 30.
[GRAPHIC] [TIFF OMITTED] TP09MR99.028
where:
Eo=Mass rate of total organic HAP at the outlet of the
control or recovery device, dry basis, kg/hr.
Ei=Mass rate of total organic HAP at the inlet of the
control or recovery device, dry basis, kg/hr, determined using the
procedures in paragraph (b)(5)(iv) of this section.
R=Control efficiency of control device, as specified in paragraph
(b)(8)(i), (ii), or (iii) of this section.
* * * * *
(c) * * *
(1) For each test run, the residual organic HAP content, adjusted
for the control or recovery device emission reduction, shall be
calculated using Equation 31.
[GRAPHIC] [TIFF OMITTED] TP09MR99.029
where:
HAPCONTrun=Residual organic HAP content, kg organic HAP
per kg elastomer (latex or dry crumb rubber).
C=Total uncontrolled organic HAP content, determined in accordance
with paragraph (b)(3) of this section, kg organic HAP per kg latex
or dry crumb rubber.
P=Weight of latex or dry crumb rubber processed during test run.
Ei,run=Mass rate of total organic HAP at the inlet of the
control or recovery device, dry basis, kg per test run.
Eo,run=Mass rate of total organic HAP at the outlet of
the control or recovery device, dry basis, kg per test run.
* * * * *
19. Section 63.497 is amended by revising paragraphs (a)
introductory text, (a)(6), (c), and (d) introductory text; and removing
paragraph (d)(3), to read as follows:
Sec. 63.497 Back-end process provisions--monitoring provisions for
control and recovery devices.
(a) An owner or operator complying with the residual organic HAP
limitations in Sec. 63.494(a) using control or recovery devices, or a
combination of stripping and control or recovery devices, shall install
the monitoring equipment specified in paragraphs (a)(1)
[[Page 11634]]
through (a)(6) of this section, as appropriate.
* * * * *
(6) For a carbon adsorber, an integrating regeneration steam flow,
nitrogen flow, or pressure monitoring device having an accuracy of at
least 10 percent of the flow rate, level, or pressure,
capable of recording the total regeneration steam flow or nitrogen
flow, or pressure (gauge or absolute) for each regeneration cycle; and
a carbon bed temperature monitoring device, capable of recording the
carbon bed temperature after each regeneration and within 15 minutes of
completing any cooling cycle are required.
* * * * *
(c) The owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter, that indicates proper
operation of the control or recovery device for each parameter
monitored under paragraphs (a)(1) through (a)(6) of this section. This
level is determined in accordance with Sec. 63.505. The established
level, along with supporting documentation, shall be submitted in the
Notification of Compliance Status or the operating permit application,
as required in Sec. 63.506(e)(5) or (e)(8), respectively. The owner or
operator shall operate control and recovery devices so that the daily
average value is above or below the established level, as required, to
ensure continued compliance with the standard, except as otherwise
stated in this subpart.
(d) The owner or operator of an affected source with a controlled
back-end process vent using a vent system that contains bypass lines
that could divert a vent stream away from the control or recovery
device used to comply with Sec. 63.494(a) shall comply with paragraph
(d)(1) or (d)(2) of this section. Equipment such as low leg drains,
high point bleeds, analyzer vents, open-ended valves or lines, and
pressure relief valves needed for safety purposes are not subject to
this paragraph.
* * * * *
20. Section 63.498 is amended by revising paragraphs (a), (d)
introductory text, (d)(1) through (d)(4), (d)(5) introductory text,
(d)(5)(i), (d)(5)(ii)(B), (d)(5)(iv) introductory text, and
(d)(5)(iv)(A); and removing and reserving paragraph (d)(5)(iv)(B), to
read as follows:
Sec. 63.498 Back-end process provisions--recordkeeping.
(a) Each owner or operator shall maintain the records specified in
paragraphs (b) through (d) of this section, as appropriate.
* * * * *
(d) Each owner or operator of a back-end process operation using
control or recovery devices to comply with an organic HAP emission
limitation in Sec. 63.494(a) shall maintain the records specified in
paragraphs (d)(1) through (d)(5) of this section. The recordkeeping
requirements contained in paragraphs (d)(1) through (d)4) pertain to
the results of the testing required by Sec. 63.496(b), for each of the
three required test runs.
(1) The uncontrolled residual organic HAP content in the latex or
dry crumb rubber, as required to be determined by Sec. 63.496(b)(3),
including the test results of the analysis;
(2) The total quantity of material (weight of latex or dry crumb
rubber) processed during the test run, recorded in accordance with
Sec. 63.496(b)(4);
(3) The organic HAP emissions at the inlet and outlet of the
control or recovery device, determined in accordance with
Sec. 63.496(b)(5) through (b)(8), including all test results and
calculations.
(4) The residual organic HAP content, adjusted for the control or
recovery device emission reduction, determined in accordance with
Sec. 63.496(c)(1).
(5) Each owner or operator using a control or recovery device shall
keep the following records readily accessible:
(i) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.497(a) or specified by the
Administrator in accordance with Sec. 63.497(b). For flares, the
records specified in Table 6 shall be maintained in place of continuous
records.
(ii) * * *
(B) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or
daily averages. In addition, monitoring data recorded during periods of
non-operation of the EPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions or during periods of start-up,
shutdown, or malfunction shall not be included in computing the hourly
or daily averages. Records shall be kept of the times and durations of
all such periods and any other periods of process or control device
operation when monitors are not operating.
* * * * *
(iv) Where a seal mechanism is used to comply with
Sec. 63.497(d)(2), hourly records of flow are not required.
(A) For compliance with Sec. 63.497(d)(2), the owner or operator
shall record whether the monthly visual inspection of the seals or
closure mechanisms has been done, and shall record instances when the
seal mechanism is broken, the bypass line damper or valve position has
changed, or the key for a lock-and-key type configuration has been
checked out, and records of any car-seal that has broken.
(B) [Reserved.]
21. Section 63.499 is amended by revising paragraphs (a), (b)(2),
(c) introductory text, (c)(3), and (d) introductory text, to read as
follows:
Sec. 63.499 Back-end process provisions--reporting.
(a) The owner or operator of an affected source with back-end
process operations shall submit the information required in paragraphs
(a)(1) through (a)(3) of this section, for each back-end process
operation at the affected source, as part of the Notification of
Compliance Status specified in Sec. 63.506(e)(5).
(1) The type of elastomer product processed in the back-end
operation.
(2) The type of process (solution process, emulsion process, etc.)
(3) If the back-end process operation is subject to an emission
limitation in Sec. 63.494(a), whether compliance will be achieved by
stripping technology, or by control or recovery devices.
(b) * * *
(2) For organic HAP content/stripper monitoring parameter re-
determinations, and the addition of new grades, the information
specified in Sec. 63.498(c)(1) shall be submitted in the next periodic
report specified in Sec. 63.506(e)(6).
(c) Each owner or operator of an affected source with a back-end
process operation control or recovery device that shall comply with an
emission limitation in Sec. 63.494(a) shall submit the information
specified in paragraphs (c)(1) through (c)(3) of this section as part
of the Notification of Compliance Status specified in
Sec. 63.506(e)(5).
* * * * *
(3) The information specified in paragraphs (c)(3)(i) when using a
flare, and the information specified in paragraph (c)(3)(ii) of this
section when using a boiler or process heater.
(i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted); all visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination; and all periods during the compliance
determination when the pilot flame is absent.
[[Page 11635]]
(ii) A description of the location at which the vent stream is
introduced into the boiler or process heater.
(d) Whenever a process change, as defined in Sec. 63.496(d), is
made that causes the redetermination of the compliance status for the
back-end process operations, the owner or operator shall submit a
report within 180 days after the process change as specified in
Sec. 63.506(e)(7)(iii). The report shall include:
* * * * *
22. Section 63.500 is amended by revising paragraphs (a)(3), (c)(1)
introductory text, (c)(1)(iii) introductory text, (c)(2) introductory
text, and (d)(2), to read as follows:
Sec. 63.500 Back-end process provisions--carbon disulfide limitations
for styrene butadiene rubber by emulsion processes.
(a) * * *
(3) The owner or operator shall operate the process in accordance
with a validated standard operating procedure at all times when styrene
butadiene rubber is being produced using a sulfur containing shortstop
agent. If a standard operating procedure is changed, it shall be re-
validated.
* * * * *
(c) * * *
(1) The owner or operator may choose to conduct a performance test,
using the procedures in paragraphs (c)(1)(i) through (c)(1)(iii) of
this section to demonstrate compliance with the carbon disulfide
concentration limitation in paragraph (a) of this section. One test
shall be conducted for each standard operating procedure.
* * * * *
(iii) To determine compliance with the carbon disulfide
concentration limit in paragraph (a) of this section, the owner or
operator shall use Method 18 or Method 25A of 40 CFR part 60, appendix
A to measure carbon disulfide. Alternatively, any other method or data
that has been validated according to the applicable procedures in
Method 301, 40 CFR part 63, appendix A, may be used. The following
procedures shall be used to calculate carbon disulfide concentration:
* * * * *
(2) The owner or operator may use engineering assessment to
demonstrate compliance with the carbon disulfide concentration
limitation in paragraph (a) of this section. Engineering assessment
includes, but is not limited to, the following:
* * * * *
(d) * * *
(2) A description of the standard operating procedure used during
the testing. This description shall include, at a minimum, an
identification of the sulfur containing shortstop agent added to the
styrene butadiene rubber prior to the dryers, an identification of the
point and time in the process where the sulfur containing shortstop
agent is added, and an identification of the amount of sulfur
containing shortstop agent added per unit of latex.
* * * * *
23. Section 63.501 is amended by revising paragraphs (a), (b), and
(c)(1); and removing paragraph (d), to read as follows:
Sec. 63.501 Wastewater provisions.
(a) Except as specified in paragraph (c) of this section, the owner
or operator of each affected source shall comply with the requirements
of Secs. 63.132 through 63.147 for each process wastewater stream
originating at an affected source, with the requirements of Sec. 63.148
for leak inspection provisions, and with the requirements of
Sec. 63.149 for equipment that is subject to Sec. 63.149, with the
differences noted in paragraphs (a)(1) through (a)(23) of this section.
Further, the owner or operator of each affected source shall comply
with the requirements of Sec. 63.105(a) for maintenance wastewater, as
specified in paragraph (b) of this section.
(1) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
provisions in Sec. 63.6(g) shall apply for the purposes of this
subpart.
(2) When the storage vessel requirements contained in Secs. 63.119
through 63.123 are referred to in Secs. 63.132 through 63.149,
Secs. 63.119 through 63.123 are applicable, with the exception of the
differences referred to in Sec. 63.484, for the purposes of this
subpart.
(3) Owners and operators of affected sources are not required to
comply with the requirements in Sec. 63.132(b)(1) and Sec. 63.132(d).
Owners and operators of new affected sources, as defined in this
subpart, shall comply with the requirements for existing sources in
Secs. 63.132 through 63.149.
(4) When Sec. 63.146(a) requires the submission of a request for
approval to monitor alternative parameters according to the procedures
specified in Sec. 63.151(g) or Sec. 63.152(e), owners or operators
requesting to monitor alternative parameters shall follow the
procedures specified in Sec. 63.506(g), for the purposes of this
subpart.
(5) When Sec. 63.147(d) requires owners or operators to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), owners
and operators shall instead keep records of the daily average value of
each continuously monitored parameter as specified in Sec. 63.506(d),
for the purposes of this subpart.
(6) When Secs. 63.132 through 63.149 refer to an ``existing
source,'' the term ``existing affected source,'' as defined in
Sec. 63.480(a)(3) shall apply, for the purposes of this subpart.
(7) When Secs. 63.132 through 63.149 refer to a ``new source,'' the
term ``new affected source,'' as defined in Sec. 63.480(a)(4) shall
apply, for the purposes of this subpart.
(8) Whenever Secs. 63.132 through 63.149 refer to a ``chemical
manufacturing process unit,'' the term ``elastomer product process
unit,'' (or EPPU) as defined in Sec. 63.482, shall apply for the
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a
chemical manufacturing process unit that meets the criteria of
Sec. 63.100(b) of subpart F of this part,'' the term ``an EPPU as
defined in Sec. 63.482(b)'' shall apply for the purposes of this
subpart.
(9) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the compliance
dates specified in Sec. 63.481 shall apply, for the purposes of this
subpart.
(10) When Secs. 63.132 through 63.149 refer to Table 9 or Table 36
of subpart G of this part, the owner or operator is only required to
consider organic HAP listed in Table 9 or Table 36 of subpart G of this
part that are also listed on Table 5 of this subpart, for the purposes
of this subpart. Owners and operators are exempt from all requirements
in Secs. 63.132 through 63.149 that pertain solely and exclusively to
organic HAP listed on Table 8 of subpart G of this subpart. In
addition, when Secs. 63.132 through 63.149 refer to List 1, List 2,
and/or List 3, as listed in Table 36 of subpart G of this part, the
owner or operator is only required to consider organic HAP that are
also listed on Table 5 of this subpart, for the purposes of this
subpart.
(11) Whenever Secs. 63.132 through 63.147 refer to a Group 1
wastewater stream or a Group 2 wastewater stream, the definitions of
these terms contained in Sec. 63.482 shall apply, for the purposes of
this subpart.
(12) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F''
the phrase ``Sec. 63.480(c)'' shall apply for the purposes of this
subpart. In addition, where Sec. 63.149(d) states ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, or H of this part'', the phrase ``and the item of
equipment is
[[Page 11636]]
not otherwise exempt from controls by the provisions of subparts A, F,
G, H, or U of this part,'' shall apply for the purposes of this
subpart.
(13) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical
manufacturing process unit subject to the new source requirements of 40
CFR 63.100(l)(1) or 40 CFR Sec. 63.100 (l)(2),'' the phrase ``an EPPU
that is part of a new affected source or that is a new affected
source,'' shall apply for the purposes of this subpart.
(14) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146,
the Notification of Compliance Status requirements contained in
Sec. 63.506(e)(5) shall apply for the purposes of this subpart. In
addition, when Secs. 63.138 and 63.146 require that information be
reported according to Sec. 63.152(b) in the Notification of Compliance
Status, owners or operators of affected sources shall report the
specified information in the Notification of Compliance Status required
by Sec. 63.506(e)(5), for the purposes of this subpart.
(15) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report
requirements contained in Sec. 63.506(e)(6) shall apply for the
purposes of this subpart. In addition, when Sec. 63.146 requires that
information be reported in the Periodic Reports required in
Sec. 63.152(c), owners or operators of affected sources shall report
the specified information in the Periodic Reports required in
Sec. 63.506(e)(6), for the purposes of this subpart.
(16) When the term ``range'' is used in Secs. 63.132 through
63.149, the term ``level'' shall apply instead, for the purposes of
this subpart. This level shall be determined using the procedures
specified in Sec. 63.505.
(17) When Sec. 63.143(f) specifies that owners or operators shall
establish the range that indicates proper operation of the treatment
process or control device, the owner or operator shall instead comply
with the requirements of Sec. 63.505(b)(1), (c), or (d) for
establishing parameter level maximums/minimums, for the purposes of
this subpart.
(18) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that
``the information on parameter ranges specified in Sec. 63.152(b)(2)''
be reported in the Notification of Compliance Status, owners and
operators of affected sources are instead required to report the
information on parameter levels in the Notification of Compliance
Status as specified in Sec. 63.506(e)(5)(ii), for the purposes of this
subpart.
(19) For the purposes of this subpart, the owner or operator of an
affected source is not required to include process wastewater streams
that contain styrene when conducting performance tests for the purposes
of calculating the required mass removal (RMR) or the actual mass
removal (AMR) under the provisions described in Sec. 63.145(f) or
Sec. 63.145(g). For purposes of this paragraph, a process wastewater
stream is considered to contain styrene if the wastewater stream meets
the requirements in paragraph (a)(19)(i), (ii), or (iii) of this
section:
(i) The wastewater stream originates at equipment that produces
styrene butadiene rubber by solution;
(ii) The wastewater stream originates at equipment that produces
styrene butadiene rubber by emulsion; or
(iii) The wastewater stream originates at equipment that produces
styrene butadiene latex.
(20) When the provisions of Sec. 63.139(c)(1)(ii),
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR
part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part
60, appendix A may be used for the purposes of this subpart. The use of
Method 25A, 40 CFR part 60, appendix A shall conform with the
requirements in paragraphs (a)(20)(i) and (a)(20)(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.
(21) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b),
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the
requirements in Sec. 63.504(c) shall apply.
(22) The owner or operator of a facility which receives a Group 1
wastewater stream, or a residual removed from a Group 1 wastewater
stream, for treatment pursuant to Sec. 63.132(g) is subject to the
requirements of Sec. 63.132(g) with the differences identified in this
section, and is not subject to subpart DD of this part, with respect to
the received material.
(23) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137''
or ``Secs. 63.133 through 63.147'', the provisions in this section
63.501 shall apply, for the purposes of this subpart.
(b) Except for those streams exempted by paragraph (c) of this
section, the owner or operator of each affected source shall comply
with the requirements for maintenance wastewater in Sec. 63.105, except
that when Sec. 63.105(a) refers to ``organic HAPs,'' the definition of
organic HAP in Sec. 63.482 shall apply for the purposes of this
subpart.
(c) * * *
(1) Back-end wastewater streams originating from equipment whose
only elastomer products are latex products.
* * * * *
24. Section 63.502 is amended by revising the section title and
paragraphs (a), (b) introductory text, (b)(1), (b)(2), (b)(3), (b)(5),
(b)(6), (b)(7), (c), (d), (e), (f), (g), (h), (i), and (j); and adding
paragraphs (k), (l), (m), and (n), to read as follows:
Sec. 63.502 Equipment leak and heat exchange system provisions.
(a) Equipment leak provisions. The owner or operator of each
affected source, shall comply with the requirements of subpart H of
this part, with the exceptions noted in paragraphs (b) through (m) of
this section.
(b) Surge control vessels and bottoms receivers described in
paragraphs (b)(1) through (b)(7) of this section are exempt from the
requirements contained in Sec. 63.170.
(1) Surge control vessels and bottoms receivers that receive only
styrene-butadiene latex;
(2) Surge control vessels and bottoms receivers that receive latex
products other than styrene-butadiene latex, located downstream of the
stripping operations;
(3) Surge control vessels and bottoms receivers that receive only
high conversion latex products;
* * * * *
(5) Surge control vessels and bottoms receivers that receive only
styrene;
(6) Surge control vessels and bottoms receivers that receive only
acrylamide; and
(7) Surge control vessels and bottoms receivers that receive only
epichlorohydrin.
(c) The compliance date for the equipment leak provisions in this
section is provided in Sec. 63.481(d). Whenever subpart H of this part
refers to the compliance dates specified in any paragraph contained in
Sec. 63.100, the compliance dates listed in Sec. 63.481(d) shall
instead apply, for the purposes of this subpart. When Sec. 63.182(c)(4)
refers to ``sources subject to subpart F,'' the phrase ``sources
subject to this subpart'' shall apply, for the purposes of this
subpart. In addition, extensions of compliance dates are addressed by
[[Page 11637]]
Sec. 63.481(e) instead of by Sec. 63.182(a)(6), for the purposes of
this subpart.
(d) For an affected source producing polybutadiene rubber or
styrene butadiene rubber by solution, the conditions in paragraphs
(d)(1), (d)(2), and (d)(3) of this section are applicable.
(1) Indications of liquids dripping, as defined in subpart H of
this part, from bleed ports in pumps and agitator seals in light liquid
service, shall not be considered a leak. For the purposes of this
subpart, a ``bleed port'' is a technologically-required feature of the
pump or seal whereby polymer fluid used to provide lubrication and/or
cooling of the pump or agitator shaft exits the pump, thereby resulting
in a visible dripping of fluid.
(2) For reciprocating pumps in heavy liquid service, owners and
operators are not required to comply with the requirements in
Sec. 63.169 and associated recordkeeping and reporting requirements.
(3) Reciprocating pumps in light liquid service are exempt from
Sec. 63.163 and associated recordkeeping and reporting requirements, if
recasting the distance piece or reciprocating pump replacement would be
necessary to comply with that section.
(e) Owners and operators of an affected source subject to this
subpart are not required to submit the Initial Notification required by
Sec. 63.182(a)(1) and Sec. 63.182(b).
(f) As specified in Sec. 63.506(e)(5), the Notification of
Compliance Status required by Sec. 63.182(a)(2) and Sec. 63.182(c)
shall be submitted within 150 days (rather than 90 days) of the
applicable compliance date specified in Sec. 63.481(d) for the
equipment leak provisions.
(g) The information specified by Sec. 63.182(a)(3) and
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of
the Periodic Reports required by Sec. 63.506(e)(6).
(h) If specific items of equipment, comprising part of a process
unit subject to this subpart, are managed by different administrative
organizations (e.g., different companies, affiliates, departments,
divisions, etc.), those items of equipment may be aggregated with any
EPPU within the affected source for all purposes under subpart H of
this part, providing there is no delay in achieving the applicable
compliance date.
(i) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of
this part, the owner or operator is only required to consider organic
HAP listed on Table 9 of subpart G of this subpart that are also listed
on Table 5 of this subpart.
(j) When the provisions of subpart H of this part specify that
Method 18, 40 CFR part 60, appendix A shall be used, either Method 18
or Method 25A, 40 CFR part 60, appendix A may be used for the purposes
of this subpart. The use of Method 25A, 40 CFR part 60, appendix A
shall conform with the requirements in paragraphs (j)(1) and (j)(2) of
this section.
(1) 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 emissions.
(2) The use of Method 25A, 40 CFR part 63, 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.
(k) An owner or operator using a flare to comply with the
requirements of this section shall conduct a compliance demonstration
as specified in Sec. 63.504(c).
(l) When the term ``equipment'' is used in subpart H of this part,
the definition of this term in Sec. 63.482(b) shall apply for the
purposes of this subpart.
(m) The phrase ``the provisions of subparts F, I, or U of this
part'' shall apply instead of the phrase ``the provisions of subpart F
or I of this part'' throughout Secs. 63.163 and 63.168, for the
purposes of this subpart. In addition, the phrase ``subparts F, I, and
U'' shall apply instead of the phrase ``subparts F and I'' in
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
(n) Heat exchange system provisions. The owner or operator of each
affected source shall comply with the requirements of Sec. 63.104 for
heat exchange systems, with the exceptions noted in paragraphs (n)(1)
through (n)(5) of this section.
(1) When the term ``chemical manufacturing process unit'' is used
in Sec. 63.104, the term ``elastomer product process unit'' (or EPPU)
shall apply for the purposes of this subpart, with the exception noted
in paragraph (n)(2) of this section.
(2) When the phrase ``a chemical manufacturing process unit meeting
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart,
except for chemical manufacturing process units meeting the condition
specified in Sec. 63.100(c) of this subpart'' is used in
Sec. 63.104(a), the term ``an EPPU, except for EPPUs meeting the
condition specified in Sec. 63.480(b)'' shall apply for the purposes of
this subpart.
(3) When Sec. 63.104 refers to Table 4 of subpart F of this part or
Table 9 of subpart G of this part, the owner or operator is only
required to consider organic HAP listed on Table 5 of this subpart.
(4) When Sec. 63.104(c)(3) and Sec. 63.104(f)(1) specify that the
monitoring plan and records required by Sec. 63.104(f)(1)(i) through
(f)(1)(iv) shall be kept as specified in Sec. 63.103(c), the provisions
of Sec. 63.506(a) and Sec. 63.506(h) shall apply for the purposes of
this subpart.
(5) When Sec. 63.104(f)(2) requires information to be reported in
the Periodic Reports required by Sec. 63.152(c), the owner or operator
shall instead report the information specified in Sec. 63.104(f)(2) in
the Periodic Reports required by Sec. 63.506(e)(6), for the purposes of
this subpart.
(6) The compliance date for heat exchange systems subject to the
provisions of this section is specified in Sec. 63.481(d)(6).
25. Section 63.504 is revised (including the section title) to read
as follows:
Sec. 63.504 Additional requirements for performance testing .
(a) Performance testing shall be conducted in accordance with
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h),
with the exceptions specified in paragraphs (a)(1) through (a)(5) of
this section and the additions specified in paragraph (b) of this
section. Sections 63.484 through 63.501 also contain specific testing
requirements.
(1) Performance tests shall be conducted according to the
provisions of Sec. 63.7(e)(1) and (e)(2), except that performance tests
shall be conducted at maximum representative operating conditions
achievable during one of the time periods described in paragraph
(a)(1)(i) of this section, without causing any of the situations
described in paragraph (a)(1)(ii) of this section to occur.
(i) The 6-month period that ends 2 months before the Notification
of Compliance Status is due, according to Sec. 63.506(e)(5); or the 6-
month period that begins 3 months before the performance test and ends
3 months after the performance test.
(ii) Causing damage to equipment; necessitating that the owner or
operator make product that does not meet an existing specification for
sale to a customer; or necessitating that the owner or operator make
product in excess of demand.
(2) References in Sec. 63.7(g) to the Notification of Compliance
Status requirements in Sec. 63.9(h) shall refer to the requirements in
Sec. 63.506(e)(5).
[[Page 11638]]
(3) Because the site-specific test plans in Sec. 63.7(c)(3) are not
required, Sec. 63.7(h)(4)(ii) is not applicable.
(4) The owner or operator shall notify the Administrator of the
intent to conduct a performance test at least 30 days before the
performance test is scheduled, to allow the Administrator the
opportunity to have an observer present during the test. If after 30
days notice for an initially scheduled performance test, there is a
delay (due to operational problems, etc.) in conducting the scheduled
performance test, the owner or operator of an affected facility shall
notify the Administrator as soon as possible of any delay in the
original test date, either by providing at least 7 days prior notice of
the rescheduled date of the performance test, or by arranging a
rescheduled date with the Administrator by mutual agreement.
(5) Performance tests shall be performed no later than 150 days
after the compliance dates specified in this subpart (i.e., in time for
the results to be included in the Notification of Compliance Status),
rather than according to the time periods in Sec. 63.7(a)(2).
(b) Data shall be reduced in accordance with the EPA approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301, 40 CFR part 63, appendix A of this part.
(c) Notwithstanding any other provision of this subpart, if an
owner or operator of an affected source uses a flare to comply with any
of the requirements of this subpart, the owner or operator shall comply
with paragraphs (c)(1) through (c)(3) of this section. The owner or
operator is not required to conduct a performance test to determine
percent emission reduction or outlet organic HAP or TOC concentration.
If a compliance demonstration has been conducted previously for a
flare, using the techniques specified in paragraphs (c)(1) through
(c)(3) of this section, that compliance demonstration may be used to
satisfy the requirements of this paragraph if either no deliberate
process changes have been made since the compliance demonstration, or
the results of the compliance demonstration reliably demonstrate
compliance despite process changes.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4);
(2) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6); and
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where
applicable) or Sec. 63.11(b)(8), as appropriate.
26. Section 63.505 is amended by:
a. Revising paragraphs (a), (b) introductory text, (b)(2), (b)(3)
introductory text, (b)(3)(i)(A) through (b)(3)(i)(D), (b)(3)(ii), (c),
(d), (e) introductory text, (e)(3), (g)(1) introductory text,
(g)(1)(ii), (g)(1)(iii), (g)(2) introductory text, (g)(2)(ii), (h)(1)
introductory text, and (h)(2) introductory text;
b. Removing and reserving paragraphs (b)(1) and (f);
c. Removing paragraph (b)(3)(i)(E); and
d. Adding paragraphs (g)(1)(v) and (g)(3), to read as follows:
Sec. 63.505 Parameter monitoring levels and excursions.
(a) Establishment of parameter monitoring levels. The owner or
operator of a control or recovery device that has one or more parameter
monitoring level requirements specified under this subpart shall
establish a maximum or minimum level for each measured parameter. If a
performance test is required by this subpart for a control device, the
owner or operator shall use the procedures in either paragraph (b) or
(c) of this section to establish the parameter monitoring level(s). If
a performance test is not required by this subpart for a control
device, the owner or operator may use the procedures in paragraph (b),
(c), or (d) of this section to establish the parameter monitoring
levels. When using the procedures specified in paragraph (c) or (d) of
this section, the owner or operator shall submit the information
specified in Sec. 63.506(e)(3)(vii) for review and approval, as part of
the Precompliance Report.
(1) The owner or operator shall operate control and recovery
devices such that the daily average of monitored parameters remains
above the minimum established level or below the maximum established
level, except as otherwise stated in this subpart.
(2) As specified in Sec. A63.506(e)(5), all established levels,
along with their supporting documentation and the definition of an
operating day, shall be submitted as part of the Notification of
Compliance Status.
(3) Nothing in this section shall be construed to allow a
monitoring parameter excursion caused by an activity that violates
other applicable provisions of subparts A, F, G, or H of this part.
(b) Establishment of parameter monitoring levels based exclusively
on performance tests. In cases where a performance test is required by
this subpart, or the owner or operator of the affected source elects to
do a performance test in accordance with the provisions of this
subpart, and an owner or operator elects to establish a parameter
monitoring level for a control, recovery, or recapture device based
exclusively on parameter values measured during the performance test,
the owner or operator of the affected source shall comply with the
procedures in paragraphs (b)(1) through (b)(4) of this section, as
applicable.
(1) [Reserved.]
(2) Back-end process operations using a control or recovery device
to comply with Secs. 63.493 through 63.500 and continuous front-end
process vents. During initial compliance testing, the appropriate
parameter shall be continuously monitored during the required 1-hour
runs. The monitoring level(s) shall then be established as the average
of the maximum (or minimum) point values from the three test runs. The
average of the maximum values shall be used when establishing a maximum
level, and the average of the minimum values shall be used when
establishing a minimum level.
(3) Batch front-end process vents. The monitoring level(s) shall be
established using the procedures specified in either paragraph
(b)(3)(i) or (b)(3)(ii) of this section. The procedures specified in
this paragraph (b)(3) may only be used if the batch emission episodes,
or portions thereof, selected to be controlled were tested, and
monitoring data were collected, during the entire period in which
emissions were vented to the control device, as specified in
Sec. 63.490(c)(1)(i). If the owner or operator chose to test only a
portion of the batch emission episode, or portion thereof, selected to
be controlled, the procedures in paragraph (c) of this section shall be
used.
(i) * * *
(A) The average monitored parameter value shall be calculated for
each batch emission episode, or portion thereof, in the batch cycle
selected to be controlled. The average shall be based on all values
measured during the required performance test.
(B) If the level to be established is a maximum operating
parameter, the level shall be defined as the minimum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission
[[Page 11639]]
episode, or portion thereof, which requires the lowest parameter value
in order to assure compliance. The average parameter value that is
necessary to assure compliance for that emission episode, or portion
thereof, shall be the level for all emission episodes, or portions
thereof, in the batch cycle, that are selected to be controlled).
(C) If the level to be established is a minimum operating
parameter, the level shall be defined as the maximum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the highest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(D) Alternatively, an average monitored parameter value shall be
calculated for the entire batch cycle based on all values measured
during each batch emission episode, or portion thereof, selected to be
controlled.
(ii) Instead of establishing a single level for the batch cycle, as
described in paragraph (b)(3)(i) of this section, an owner or operator
may establish separate levels for each batch emission episode, or
portion thereof, selected to be controlled. Each level shall be
determined as specified in paragraph (b)(3)(i)(A) of this section.
* * * * *
(c) Establishment of parameter monitoring levels based on
performance tests, supplemented by engineering assessments and/or
manufacturer's recommendations. In cases where a performance test is
required by this subpart, or the owner or operator elects to do a
performance test in accordance with the provisions of this subpart, and
the owner or operator elects to establish a parameter monitoring level
for a control, recovery, or recapture device under this paragraph (c),
the owner or operator shall supplement the parameter values measured
during the performance test with engineering assessments and/or
manufacturer's recommendations. Performance testing is not required to
be conducted over the entire range of expected parameter values.
(d) Establishment of parameter monitoring based on engineering
assessments and/or manufacturer's recommendations. In cases where a
performance test is not required by this subpart and an owner or
operator elects to establish a parameter monitoring level for a
control, recovery, or recapture device under this paragraph (d), the
determination of the parameter monitoring level shall be based
exclusively on engineering assessments and/or manufacturer's
recommendations.
(e) Demonstration of compliance with back-end process provisions
using stripper parameter monitoring. If the owner or operator is
demonstrating compliance with Sec. 63.495 using stripper parameter
monitoring, stripper parameter levels shall be established for each
grade in accordance with paragraphs (e)(1) and (e)(2) of this section.
A single set of stripper parameter levels may be representative of
multiple grades.
* * * * *
(3) After the initial determinations, an owner or operator may add
a grade, with corresponding stripper parameter levels, using the
procedures in paragraphs (e)(1) and (e)(2) of this section. The results
of this determination shall be submitted in the next periodic report.
* * * * *
(f) [Reserved.]
(g) * * *
(1) With respect to storage vessels (where the applicable
monitoring plan specifies continuous monitoring), continuous front-end
process vents, aggregate batch vent streams, back-end process
operations complying through the use of control or recovery devices,
and process wastewater streams, an excursion means any of the three
cases listed in paragraphs (g)(1)(i) through (g)(1)(iii) of this
section. For a control or recovery device where multiple parameters are
monitored, if one or more of the parameters meets the excursion
criteria in paragraphs (g)(1)(i) through (g)(1)(iii) of this section,
this is considered a single excursion for the control or recovery
device. For each excursion, the owner or operator shall be deemed out
of compliance with the provisions of this subpart, except as provided
in paragraph (i) of this section.
* * * * *
(ii) When the period of control or recovery device operation, with
the exception noted in paragraph (g)(1)(v) of this section, is 4 hours
or greater in an operating day and monitoring data are insufficient, as
defined in paragraph (g)(1)(iv) of this section, to constitute a valid
hour of data for at least 75 percent of the operating hours.
(iii) When the period of control or recovery device operation, with
the exception noted in paragraph (g)(1)(v) of this section, is less
than 4 hours in an operating day and more than two of the hours during
the period of operation do not constitute a valid hour of data due to
insufficient monitoring data, as defined in paragraph (g)(1)(iv) of
this section.
* * * * *
(v) The periods listed in paragraphs (g)(1)(v)(A) through
(g)(1)(v)(E) of this section are not considered to be part of the
period of control or recovery device operation, for the purposes of
paragraphs (g)(1)(ii) and (g)(1)(iii) of this section.
(A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(B) Start-ups;
(C) Shutdowns;
(D) Malfunctions; or
(E) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(2) With respect to batch front-end process vents, an excursion
means one of the two cases listed in paragraphs (g)(2)(i) and
(g)(2)(ii) of this section. For a control device where multiple
parameters are monitored, if one or more of the parameters meets the
excursion criteria in either paragraph (g)(2)(i) or (g)(2)(ii) of this
section, this is considered a single excursion for the control device.
For each excursion, the owner or operator shall be deemed out of
compliance with the provisions of this subpart, except as provided in
paragraph (i) of this section.
* * * * *
(ii) When monitoring data are insufficient for an operating day.
Monitoring data shall be considered insufficient when measured values
are not available for at least 75 percent of the 15-minute periods when
batch emission episodes selected to be controlled are being vented to
the control device during the operating day, using the procedures
specified in paragraphs (g)(2)(ii)(A) through (g)(2)(ii)(D) of this
section.
(A) Determine the total amount of time during the operating day
when batch emission episodes selected to be controlled are being vented
to the control device.
(B) Subtract the time during the periods listed in paragraphs
(g)(2)(ii)(B)(1) through (g)(2)(ii)(B)(4) of this section from the
total amount of time determined in paragraph (g)(2)(ii)(A) of this
section, to obtain the operating time used to determine if monitoring
data are insufficient.
(1) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(2) Start-ups;
[[Page 11640]]
(3) Shutdowns; or
(4) Malfunctions.
(C) Determine the total number of 15-minute periods in the
operating time used to determine if monitoring data are insufficient,
as was determined in accordance with paragraph (g)(2)(ii)(B) of this
section.
(D) If measured values are not available for at least 75 percent of
the total number of 15-minute periods determined in paragraph
(g)(2)(ii)(C) of this section, the monitoring data are insufficient for
the operating day.
(3) For storage vessels where the applicable monitoring plan does
not specify continuous monitoring, an excursion is defined in paragraph
(g)(3)(i) or (ii) of this section, as applicable. For a control or
recovery device where multiple parameters are monitored, if one or more
of the parameters meets the excursion criteria, this is considered a
single excursion for the control or recovery device. For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart, except as provided in paragraph (i) of
this section.
(i) If the monitoring plan specifies monitoring a parameter and
recording its value at specific intervals (such as every 15 minutes or
every hour), either of the cases listed in paragraph (g)(3)(i)(A) or
(g)(3)(i)(B) of this section is considered a single excursion for the
control device.
(A) When the average value of one or more parameters, averaged over
the duration of the filling period for the storage vessel, is above the
maximum level or below the minimum level established for the given
parameters.
(B) When monitoring data are insufficient. Monitoring data shall be
considered insufficient when measured values are not available for at
least 75 percent of the specific intervals at which parameters are to
be monitored and recorded, according to the storage vessel's monitoring
plan, during the filling period for the storage vessel.
(ii) If the monitoring plan does not specify monitoring a parameter
and recording its value at specific intervals (for example, if the
relevant operating requirement is to exchange a disposable carbon
canister before expiration of its rated service life), the monitoring
plan shall define an excursion in terms of the relevant operating
requirement.
(h) * * *
(1) With respect to back-end process operations complying through
the use of stripping technology, and demonstrating compliance by
sampling, an excursion means one of the two cases listed in paragraphs
(h)(1)(i) and (h)(1)(ii) of this section. For each excursion, the owner
or operator shall be deemed out of compliance with the provisions of
this subpart, except as provided in paragraph (i) of this section.
* * * * *
(2) With respect to back-end process operations complying through
the use of stripping technology, and demonstrating compliance by
stripper parameter monitoring, an excursion means one of the three
cases listed in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of
this section. For each excursion, the owner or operator shall be deemed
out of compliance with the provisions of this subpart, except as
provided in paragraph (i) of this section.
* * * * *
27. Section 63.506 is amended by:
a. Revising paragraphs (a), (b)(1), (b)(2), (d) introductory text,
(d)(2), (d)(3), (d)(6), (d)(7), (d)(8), (d)(9), (e) introductory text,
(e)(1), (e)(2), (e)(3), (e)(4) introductory text, (e)(4)(i), (e)(4)(ii)
introductory text, (e)(4)(ii)(B), (e)(4)(ii)(D), (e)(4)(ii)(F)(1),
(e)(4)(ii)(F)(2), (e)(4)(ii)(F)(4), (e)(4)(ii)(F)(5), (e)(4)(ii)(G)(1),
(e)(4)(ii)(H)(2), (e)(4)(ii)(H)(3)(i), (e)(4)(ii)(H)(4)(i),
(e)(4)(ii)(I), (e)(4)(ii)(J), (e)(4)(ii)(K), (e)(4)(ii)(L)(2),
(e)(4)(iii), (e)(4)(iv) introductory text, (e)(4)(iv)(A) introductory
text, (e)(4)(iv)(B) introductory text, (e)(4)(iv)(C), (e)(5)
introductory text, (e)(5)(i) introductory text, (e)(5)(i)(A),
(e)(5)(ii) introductory text, (e)(5)(iii), (e)(5)(v), (e)(5)(vii)
through (e)(5)(ix), (e)(6) introductory text, (e)(6)(i), (e)(6)(ii),
(e)(6)(iii)(A), (e)(6)(iii)(B), (e)(6)(iii)(D) introductory text,
(e)(6)(iii)(D)(2), (e)(6)(iii)(D)(3), (e)(6)(iii)(D)(4), (e)(6)(iv),
(e)(6)(v)(B), (e)(6)(vi) through (e)(6)(xi), (e)(7), (e)(8), (f)
introductory text, (f)(3) introductory text, (g) introductory text,
(g)(1), (g)(2)(ii)(D), (g)(3) introductory text, (g)(3)(i)(A), (g)(4),
(h) introductory text, (h)(1) introductory text, (h)(1)(ii)(B),
(h)(1)(iv), (h)(1)(vi) introductory text, (h)(1)(vi)(B), (h)(1)(vi)(C),
(h)(2)(i), (h)(2)(iii), and (h)(2)(iv)(A);
b. Removing paragraphs (b)(1)(i)(D), and (d)(10);
c. Removing and reserving paragraphs (c), (d)(4), (d)(5),
(e)(5)(iv), and (e)(6)(iii)(C); and
d. Adding paragraphs (e)(4)(ii)(N), (e)(4)(iv)(D), (e)(5)(x)
through (e)(5)(xii), (e)(6)(iii)(D)(5), (e)(6)(xii), (e)(7)(iv),
(e)(7)(v), and (h)(1)(vi)(D), to read as follows:
Sec. 63.506 General recordkeeping and reporting provisions.
(a) Data retention. Unless otherwise specified in this subpart, the
owner or operator of an affected source shall keep copies of all
applicable records and reports required by this subpart for at least 5
years, as specified in paragraph (a)(1) of this section, with the
exception listed in paragraph (a)(2) of this section.
(1) All applicable records shall be maintained in such a manner
that they can be readily accessed. The most recent 6 months of records
shall be retained on site or shall be accessible from a central
location by computer or other means that provide access within 2 hours
after a request. The remaining 4 and one-half years of records may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on microfilm, computer,
floppy disk, magnetic tape, or microfiche.
(2) If an owner or operator submits copies of reports to the
appropriate EPA Regional Office, the owner or operator is not required
to maintain copies of reports. If the EPA Regional Office has waived
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of
reports, the owner or operator is not required to maintain copies of
those reports.
(b) * * *
(1) Start-up, shutdown, and malfunction plan. The owner or operator
of an affected source shall develop and implement a written start-up,
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This
plan shall describe, in detail, procedures for operating and
maintaining the affected source during periods of start-up, shutdown,
and malfunction and a program for corrective action for malfunctioning
process and air pollution control equipment used to comply with this
subpart. A provision for ceasing to collect, during a start-up,
shutdown, or malfunction, monitoring data that would otherwise be
required by the provisions of this subpart may be included in the
start-up, shutdown, and malfunction plan only if the owner or operator
has demonstrated to the Administrator, through the Precompliance Report
or a supplement to the Precompliance Report, that the monitoring system
would be damaged or destroyed if it were not shut down during the
start-up, shutdown, or malfunction. The affected source shall keep the
start-up, shutdown, and malfunction plan on-site. Records associated
with the plan shall be kept as specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(C) of this section. Reports related to the plan shall
be submitted as specified in paragraph (b)(1)(ii) of this section.
(i) Records of start-up, shutdown, and malfunction. The owner or
operator shall keep the records specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(C) of this section. 1
[[Page 11641]]
(A) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of process equipment or control
devices or recovery devices or continuous monitoring systems used to
comply with this subpart during which excess emissions (as defined in
Sec. 63.480(j)(4)) occur.
(B) For each start-up, shutdown, or malfunction during which excess
emissions (as defined in Sec. 63.480(j)(4)) occur, records reflecting
whether the procedures specified in the affected source's start-up,
shutdown, and malfunction plan were followed, and documentation of
actions taken that are not consistent with the plan. For example, if a
start-up, shutdown, and malfunction plan includes procedures for
routing a control device to a backup control device, records shall be
kept of whether the plan was followed. These records may take the form
of a ``checklist,'' or other form of recordkeeping that confirms
conformance with the start-up, shutdown, and malfunction plan for the
event.
(C) Records specified in paragraphs (b)(1)(i)(A) through
(b)(1)(i)(B) of this section are not required if they pertain solely to
Group 2 emission points that are not included in an emissions average.
(ii) Reports of start-up, shutdown, and malfunction. For the
purposes of this subpart, the semiannual start-up, shutdown, and
malfunction reports shall be submitted on the same schedule as the
Periodic Reports required under paragraph (e)(6) of this section
instead of the schedule specified in Sec. 63.10(d)(5)(i). The reports
shall include the information specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(B) of this section and shall contain the name, title,
and signature of the owner or operator or other responsible official
who is certifying its accuracy.
(2) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H),
(d)(1)(iii), (d)(2), and (d)(3)(ii).
(c) [Reserved.]
(d) Recordkeeping and documentation. Owners or operators required
to keep continuous records shall keep records as specified in
paragraphs (d)(1) through (d)(7) of this section, unless an alternative
recordkeeping system has been requested and approved as specified in
paragraph (g) of this section, and except as provided in paragraph (h)
of this section. If a monitoring plan for storage vessels pursuant to
Sec. 63.484(k) requires continuous records, the monitoring plan shall
specify which provisions, if any, of paragraphs (d)(1) through (d)(7)
of this section apply. As described in Sec. 63.484(k), certain storage
vessels are not required to keep continuous records as specified in
this paragraph. Owners and operators of such storage vessels shall keep
records as specified in the monitoring plan required by Sec. 63.484(k).
Paragraphs (d)(8) and (d)(9) of this section specify documentation
requirements.
* * * * *
(2) The owner or operator shall record either each measured data
value or block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are
measured more frequently than once per minute, a single value for each
minute may be used to calculate the hourly (or shorter period) block
average instead of all measured values. Owners or operators of batch
front-end process vents shall record each measured data value.
(3) Daily average (or batch cycle daily average) values of each
continuously monitored parameter shall be calculated for each operating
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this
section, except as specified in paragraphs (d)(6) and (d)(7) of this
section.
(i) The daily average value or batch cycle daily average shall be
calculated as the average of all parameter values recorded during the
operating day, except as specified in paragraph (d)(7) of this section.
For batch front-end process vents, as specified in
Sec. 63.491(e)(2)(i), only parameter values measured during those batch
emission episodes, or portions thereof, in the batch cycle that the
owner or operator has chosen to control shall be used to calculate the
average. The calculated average shall cover a 24-hour period if
operation is continuous, or the number of hours of operation per
operating day if operation is not continuous.
(ii) The operating day shall be the period that the owner or
operator specifies in the operating permit or the Notification of
Compliance Status for purposes of determining daily average values or
batch cycle daily average values of monitored parameters.
(4) [Reserved.]
(5) [Reserved.]
(6) Records required when all recorded values are within the
established limits. If all recorded values for a monitored parameter
during an operating day are above the minimum level or below the
maximum level established in the Notification of Compliance Status or
operating permit, the owner or operator may record that all values were
above the minimum level or below the maximum level rather than
calculating and recording a daily average (or batch cycle daily
average) for that operating day.
(7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not be
included in any average computed under this subpart. Records shall be
kept of the times and durations of all such periods and any other
periods during process or control device or recovery device operation
when monitors are not operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(8) For continuous monitoring systems used to comply with this
subpart, records documenting the completion of calibration checks, and
records documenting the maintenance of continuous monitoring systems
that are specified in the manufacturer's instructions or that are
specified in other written procedures that provide adequate assurance
that the equipment would reasonably be expected to monitor accurately.
(9) The owner or operator of an affected source granted a waiver
under Sec. 63.10(f) shall maintain the information, if any, specified
by the Administrator as a condition of the waiver of recordkeeping or
reporting requirements.
(e) Reporting and notification. In addition to the reports and
notifications required by subpart A, as specified in Table 1 of this
subpart, the owner or operator of an affected source shall prepare and
submit the reports listed in paragraphs (e)(3) through (e)(8) of this
section, as applicable. All reports required by this subpart, and the
schedule for their submittal, are listed in Table 9 of this subpart.
(1) Owners and operators shall not be in violation of the reporting
requirements of this subpart for failing to submit information required
to be included in a specified report if the owner or operator meets the
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this
section. Examples of circumstances where this
[[Page 11642]]
paragraph may apply include information related to newly-added
equipment or emission points, changes in the process, changes in
equipment required or utilized for compliance with the requirements of
this subpart, or changes in methods or equipment for monitoring,
recordkeeping, or reporting.
(i) The information was not known in time for inclusion in the
report specified by this subpart;
(ii) The owner or operator has been diligent in obtaining the
information; and
(iii) The owner or operator submits a report according to the
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this
section.
(A) If this subpart expressly provides for supplements to the
report in which the information is required, the owner or operator
shall submit the information as a supplement to that report. The
information shall be submitted no later than 60 days after it is
obtained, unless otherwise specified in this subpart.
(B) If this subpart does not expressly provide for supplements, but
the owner or operator must submit a request for revision of an
operating permit pursuant to part 70 or part 71, due to circumstances
to which the information pertains, the owner or operator shall submit
the information with the request for revision to the operating permit.
(C) In any case not addressed by paragraph (e)(1)(iii)(A) or
(e)(1)(iii)(B) of this paragraph, the owner or operator shall submit
the information with the first Periodic Report, as required by this
subpart, which has a submission deadline at least 60 days after the
information is obtained.
(2) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of a
source, reports may be submitted on electronic media.
(3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec. 63.488(b)(6)(i); wishing to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.505(c) or (d); or requesting approval to incorporate a
provision for ceasing to collect monitoring data, during a start-up,
shutdown, or malfunction, into the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as permitted under Sec. 63.480(j)(3),
shall submit a Precompliance Report according to the schedule described
in paragraph (e)(3)(i) of this section. The Precompliance Report shall
contain the information specified in paragraphs (e)(3)(ii) through
(e)(3)(viii) of this section, as appropriate.
(i) Submittal dates. The Precompliance Report shall be submitted to
the Administrator no later than 12 months prior to the compliance date.
Unless the Administrator objects to a request submitted in the
Precompliance Report within 45 days after its receipt, the request
shall be deemed approved. For new affected sources, the Precompliance
Report shall be submitted to the Administrator with the application for
approval of construction or reconstruction required in paragraph (b)(2)
of this section. Supplements to the Precompliance Report may be
submitted as specified in paragraph (e)(3)(ix) of this section.
(ii) A request for an extension for compliance, as specified in
Sec. 63.481(e), may be submitted in the Precompliance Report. The
request for a compliance extension shall include the data outlined in
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.481(e)(1).
(iii) The alternative monitoring parameter information required in
paragraph (f) of this section shall be submitted in the Precompliance
Report if, for any emission point, the owner or operator of an affected
source seeks to comply through the use of a control technique other
than those for which monitoring parameters are specified in this
subpart or in subpart G of this part, or seeks to comply by monitoring
a different parameter than those specified in this subpart or in
subpart G of this part.
(iv) If the affected source seeks to comply using alternative
continuous monitoring and recordkeeping as specified in paragraph (g)
of this section, the owner or operator shall submit a request for
approval in the Precompliance Report.
(v) The owner or operator shall report the intent to use
alternative controls to comply with the provisions of this subpart in
the Precompliance Report. The Administrator may deem alternative
controls to be equivalent to the controls required by the standard,
under the procedures outlined in Sec. 63.6(g).
(vi) If a request for approval to use engineering assessment to
estimate emissions from a batch emissions episode, as described in
Sec. 63.488(b)(6)(i)(C) is being made, the information required by
Sec. 63.488(b)(6)(iii)(B) shall be submitted in the Precompliance
Report.
(vii) If an owner or operator establishes parameter monitoring
levels according to the procedures contained in Sec. 63.505(c) or (d),
the following information shall be submitted in the Precompliance
Report:
(A) Identification of which procedures (i.e., Sec. 63.505(c) or
(d)) are to be used; and
(B) A description of how the parameter monitoring level is to be
established. If the procedures in Sec. 63.505(c) are to be used, a
description of how performance test data will be used shall be
included.
(viii) If the owner or operator is requesting approval to
incorporate a provision for ceasing to collect monitoring data, during
a start-up, shutdown, or malfunction, into the start-up, shutdown, and
malfunction plan, when that monitoring equipment would be damaged if it
did not cease to collect monitoring data, the information specified in
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the
Precompliance Report or in a supplement to the Precompliance Report.
The Administrator shall evaluate the supporting documentation and shall
approve the request only if, in the Administrator's judgment, the
specific monitoring equipment would be damaged by the contemporaneous
start-up, shutdown, or malfunction.
(A) Documentation supporting a claim that the monitoring equipment
would be damaged by the contemporaneous start-up, shutdown, or
malfunction; and
(B) A request to incorporate such a provision for ceasing to
collect monitoring data during a start-up, shutdown, or malfunction,
into the start-up, shutdown, and malfunction plan.
(ix) Supplements to the Precompliance Report may be submitted as
specified in paragraph (e)(3)(ix)(A), or (e)(3)(ix)(B) of this section.
Unless the Administrator objects to a request submitted in a supplement
to the Precompliance Report within 45 days after its receipt, the
request shall be deemed approved.
(A) Supplements to the Precompliance Report may be submitted to
clarify or modify information previously submitted.
(B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use
[[Page 11643]]
alternative controls, as specified in paragraph (e)(3)(v) of this
section; to use engineering assessment to estimate emissions from a
batch emissions episode, as specified in paragraph (e)(3)(vi) of this
section; to establish parameter monitoring levels according to the
procedures contained in Sec. 63.505(c) or (d), as specified in
paragraph (e)(3)(vii) of this section; or to include a provision for
ceasing to collect monitoring data during a start-up, shutdown, or
malfunction, in the start-up, shutdown, and malfunction plan, when that
monitoring equipment would be damaged if it did not cease to collect
monitoring data, as specified in paragraph (e)(3)(viii) of this
section.
(4) Emissions Averaging Plan. For all existing affected sources
using emissions averaging, an Emissions Averaging Plan shall be
submitted for approval according to the schedule and procedures
described in paragraph (e)(4)(i) of this section. The Emissions
Averaging Plan shall contain the information specified in paragraph
(e)(4)(ii) of this section, unless the information required in
paragraph (e)(4)(ii) of this section is submitted with an operating
permit application. An owner or operator of an affected source who
submits an operating permit application instead of an Emissions
Averaging Plan shall submit the information specified in paragraph
(e)(8) of this section. In addition, a supplement to the Emissions
Averaging Plan, as required under paragraph (e)(4)(iii) of this
section, is to be submitted whenever additional alternative controls or
operating scenarios may be used to comply with this subpart. Updates to
the Emissions Averaging Plan shall be submitted in accordance with
paragraph (e)(4)(iv) of this section.
(i) Submittal and approval. The Emissions Averaging Plan shall be
submitted no later than 18 months prior to the compliance date, and is
subject to Administrator approval. The Administrator shall determine
within 120 days whether the Emissions Averaging Plan submitted presents
sufficient information. The Administrator shall either approve the
Emissions Averaging Plan, request changes, or request that the owner or
operator submit additional information. Once the Administrator receives
sufficient information, the Administrator shall approve, disapprove, or
request changes to the plan within 120 days.
(ii) Information required. The Emissions Averaging Plan shall
contain the information listed in paragraphs (e)(4)(ii)(A) through
(e)(4)(ii)(N) of this section for all emission points included in an
emissions average.
* * * * *
(B) The required information shall include the projected emission
debits and credits for each emission point and the sum for the emission
points involved in the average calculated according to Sec. 63.503. The
projected credits shall be greater than or equal to the projected
debits, as required under Sec. 63.503(e)(3).
* * * * *
(D) The required information shall include the specific
identification of each emission point affected by a pollution
prevention measure. To be considered a pollution prevention measure,
the criteria in Sec. 63.503(j)(1) shall be met. If the same pollution
prevention measure reduces or eliminates emissions from multiple
emission points in the average, the owner or operator shall identify
each of these emission points.
* * * * *
(F) * * *
(1) The required documentation shall include the values of the
parameters used to determine whether the emission point is Group 1 or
Group 2. Where a TRE index value is used for continuous front-end
process vent group determination, the estimated or measured values of
the parameters used in the TRE equation in Sec. 63.115(d) and the
resulting TRE index value shall be submitted.
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.503(g) and (h). These parameter values shall be
specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported in an update to the Emissions Averaging
Plan, as required by paragraph (e)(4)(iv)(B)(2) of this section.
* * * * *
(4) The required documentation shall include the anticipated
nominal efficiency if a control technology achieving a greater percent
emission reduction than the efficiency of the reference control
technology is or will be applied to the emission point. The procedures
in Sec. 63.503(i) shall be followed to apply for a nominal efficiency,
and the report specified in paragraph (e)(7)(ii) of this section shall
be submitted with the Emissions Averaging Plan as specified in
paragraph (e)(7)(ii)(A) of this section.
(5) The required documentation shall include the monitoring plan
specified in Sec. 63.122(b), to include the information specified in
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii)
for each storage vessel controlled with a closed-vent system using a
control device other than a flare.
(G) * * *
(1) Each continuous front-end process vent subject to Sec. 63.485
controlled by a pollution prevention measure or control technique for
which monitoring parameters or inspection procedures are not specified
in Sec. 63.114; and
* * * * *
(H) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the wastewater emission credit
and debit calculations in Sec. 63.503(g)(5) and (h)(5). These parameter
values shall be specified in the affected source's Emissions Averaging
Plan (or operating permit) as enforceable operating conditions. Changes
to these parameters shall be reported as required by paragraph
(e)(4)(iv)(B)(2) of this section.
(3) * * *
(i) A control technology that achieves an emission reduction less
than or equal to the emission reduction that would otherwise have been
achieved by a stream stripper designed to the specifications found in
Sec. 63.138(g) is or will be applied to the wastewater stream, or
* * * * *
(4) * * *
(i) A control technology that achieves an emission reduction
greater than the emission reduction that would have been achieved by a
steam stripper designed to the specifications found in Sec. 63.138(g)
is or will be applied to the wastewater stream, or
* * * * *
(I) For each pollution prevention measure, treatment process, or
control device used to reduce air emissions of organic HAP from
wastewater and for which no monitoring parameters or inspection
procedures are specified in Sec. 63.143, the information specified in
paragraph (f) of this section (Alternative Monitoring Parameters) shall
be included in the Emissions Averaging Plan.
(J) The required information shall include documentation of the
data required by estimated values of all parameters needed for input to
the emission debit and credit calculations in Sec. 63.503(g) and (h)
for each process back-end operation included in an emissions average.
These values shall be specified in the affected source's Emissions
Averaging Plan (or operating permit) as enforceable operating
[[Page 11644]]
conditions. Changes to these parameters shall be reported as required
by paragraph (e)(4)(iv)(B)(2) of this section.
(K) The required information shall include documentation of the
information required by Sec. 63.503(k). The documentation shall
demonstrate that the emissions from the emission points proposed to be
included in the 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 not included in an
emissions average.
(L) * * *
(2) The required information shall include the estimated values of
all parameters needed for input to the emission debit and credit
calculations in Sec. 63.503(g) and (h). These parameter values shall be
specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(N) The required information shall include documentation of the
data required by Sec. 63.503(k). The documentation 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 not included in an
emissions average.
(iii) Supplement to Emissions Averaging Plan. The owner or operator
required to prepare an Emissions Averaging Plan under paragraph (e)(4)
of this section shall also prepare a supplement to the Emissions
Averaging Plan for any additional alternative controls or operating
scenarios that may be used to achieve compliance.
(iv) Updates to Emissions Averaging Plan. The owner or operator of
an affected source required to submit an Emissions Averaging Plan under
paragraph (e)(4) of this section shall also submit written updates of
the Emissions Averaging Plan to the Administrator for approval under
the circumstances described in paragraphs (e)(4)(iv)(A) through
(e)(4)(iv)(C) of this section unless the relevant information has been
included and submitted in an operating permit application or amendment.
(A) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
* * * * *
(B) The owner or operator who has made a change as defined in
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall
submit an Emissions Averaging Plan update within 90 days after the
information regarding the change is known to the affected source. The
update may be submitted in the next quarterly periodic report if the
change is made after the date the Notification of Compliance Status is
due.
* * * * *
(C) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
(D) The Administrator shall approve or request changes to the
Emissions Averaging Plan update within 120 days of receipt of
sufficient information regarding the change for emission points
included in emissions averages.
(5) Notification of Compliance Status. For existing and new
affected sources, a Notification of Compliance Status shall be
submitted. For equipment leaks subject to Sec. 63.502, the owner or
operator shall submit the information required in Sec. 63.182(c) in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for equipment leaks in the affected source,
and an update shall be provided in the first Periodic Report that is
due at least 150 days after each subsequent applicable compliance date
for equipment leaks in the affected source. For all other emission
points, including heat exchange systems, the Notification of Compliance
Status shall contain the information listed in paragraphs (e)(5)(i)
through (e)(5)(xii) of this section, as applicable, and shall be
submitted no later than 150 days after the compliance dates specified
in this subpart.
(i) The results of any emission point group determinations, process
section applicability determinations, performance tests, inspections,
continuous monitoring system performance evaluations, any other
information used to demonstrate compliance, values of monitored
parameters established during performance tests, and any other
information required to be included in the Notification of Compliance
Status under Sec. 63.481(k), Sec. 63.122, and Sec. 63.484 for storage
vessels, Sec. 63.117 for continuous front-end process vents,
Sec. 63.492 for batch front-end process vents, Sec. 63.499 for back-end
process operations, Sec. 63.146 for process wastewater, and Sec. 63.503
for emission points included in an emissions average. In addition, the
owner or operator of an affected source shall comply with paragraphs
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
(A) For performance tests, group determinations, and process
section applicability determinations that are based on measurements,
the Notification of Compliance Status shall include one complete test
report, as described in paragraph (e)(5)(i)(B) of this section, for
each test method used for a particular kind of emission point. For
additional tests performed for the same kind of emission point using
the same method, the results and any other information, from the test
report, that is requested on a case-by-case basis by the Administrator
shall be submitted, but a complete test report is not required.
* * * * *
(ii) For each monitored parameter for which a maximum or minimum
level is required to be established under Sec. 63.114(e) and
Sec. 63.485(k) for continuous front-end process vents, Sec. 63.489 for
batch front-end process vents and aggregate batch vent streams,
Sec. 63.497 for back-end process operations, Sec. 63.143(f) for process
wastewater, Sec. 63.503(m) for emission points in emissions averages,
paragraph (e)(8) of this section, or paragraph (f) of this section, the
information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(E)
of this section shall be submitted in the Notification of Compliance
Status, unless this information has been established and provided in
the operating permit application. Further, as described in
Sec. 63.484(k), for those storage vessels for which the monitoring plan
required by Sec. 63.484(k) specifies compliance with the provisions of
Sec. 63.505, the owner or operator shall provide the information
specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this
section for each monitoring parameter, unless this information has been
established and provided in the operating permit application. For those
storage vessels for which the monitoring plan required by
Sec. 63.484(k) does not require compliance with the provisions of
Sec. 63.505, the owner or operator shall provide the information
specified in Sec. 63.120(d)(3) as part of the Notification of
Compliance Status, unless this information has been established and
provided in the operating permit application.
* * * * *
[[Page 11645]]
(iii) For emission points included in an emissions average, the
Notification of Compliance Status shall contain the values of all
parameters needed for input to the emission credit and debit equations
in Sec. 63.503(g) and (h), calculated or measured according to the
procedures in Sec. 63.503(g) and (h), and the resulting calculation of
credits and debits for the first quarter of the year. The first quarter
begins on the compliance date specified.
(iv) [Reserved.]
(v) The determination of applicability for flexible operation units
as specified in Sec. 63.480(f).
* * * * *
(vii) The results for each predominant use determination made under
Sec. 63.480(g), for storage vessels assigned to an affected source
subject to this subpart.
(viii) The results for each predominant use determination made
under Sec. 63.480(h) for recovery operations equipment assigned to an
affected source subject to this subpart.
(ix) For owners and operators of Group 2 batch front-end process
vents establishing a batch mass input limitation, as specified in
Sec. 63.490(f), the affected source's operating year for purposes of
determining compliance with the batch mass input limitation.
(x) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.481(k), and if the provisions of
Sec. 63.481(k) allow the owner or operator to choose which testing,
monitoring, reporting, and recordkeeping provisions will be followed,
then the Notification of Compliance Status shall indicate which rule's
requirements will be followed for testing, monitoring, reporting, and
recordkeeping.
(xi) An owner or operator who transfers a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream for treatment
pursuant to Sec. 63.132(g) shall include in the Notification of
Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(xii) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Notification of
Compliance Status, or as part of the appropriate Periodic Report, as
specified in paragraph (e)(6)(ix) of this section.
(6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i) through (e)(6)(xii) of this section. In addition,
for equipment leaks subject to Sec. 63.502, the owner or operator shall
submit the information specified in Sec. 63.182(d) under the conditions
listed in Sec. 63.182(d), and for heat exchange systems subject to
Sec. 63.502(n), the owner or operator shall submit the information
specified in Sec. 63.104(f)(2) as part of the Periodic Report required
by this paragraph (e)(6). Section Sec. 63.505 shall govern the use of
monitoring data to determine compliance for Group 1 emission points and
for Group 1 and Group 2 emission points included in emissions averages
with the following exception: as discussed in Sec. 63.484(k), for
storage vessels to which the provisions of Sec. 63.505 do not apply, as
specified in the monitoring plan required by Sec. 63.120(d)(2), the
owner or operator is required to comply with the requirements set out
in the monitoring plan, and monitoring records may be used to determine
compliance.
(i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of
this section, a report containing the information in paragraph
(e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (e)(6)(x)
of this section, as appropriate, shall be submitted semiannually no
later than 60 days after the end of each 6-month period. The first
report shall be submitted no later than 240 days after the date the
Notification of Compliance Status is due and shall cover the 6-month
period beginning on the date the Notification of Compliance Status is
due.
(ii) If none of the compliance exceptions in paragraphs (e)(6)(iii)
through (e)(6)(ix) of this section occurred during the 6-month period,
the Periodic Report required by paragraph (e)(6)(i) of this section
shall be a statement that there were no compliance exceptions as
described in this paragraph for the 6-month period covered by that
report and that none of the activities specified in paragraphs
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
(iii) * * *
(A) All information specified in Sec. 63.122(a)(4) for storage
vessels, Secs. 63.117(a)(3) and 63.118(f) and 63.485(s)(5) for
continuous front-end process vents, Sec. 63.492 for batch front-end
process vents and aggregate batch vent streams, Sec. 63.499 for back-
end process operations, Sec. 63.104(b)(4) for heat exchange systems,
and Secs. 63.146(c) through 63.146(f) for process wastewater.
(B) The daily average values or batch cycle daily average values of
monitored parameters for all excursions, as defined in Sec. 63.505(g)
and Sec. 63.505(h). For excursions caused by lack of monitoring data,
the start-time and duration of periods when monitoring data were not
collected shall be specified.
(C) [Reserved.]
(D) The information in paragraphs (e)(6)(iii)(D)(1) through
(e)(6)(iii)(D)(5) of this section, as applicable:
* * * * *
(2) Notification if a process change is made such that the group
status of any emission point changes from Group 2 to Group 1. The owner
or operator is not required to submit a notification of a process
change if that process change caused the group status of an emission
point to change from Group 1 to Group 2. However, until the owner or
operator notifies the Administrator that the group status of an
emission point has changed from Group 1 to Group 2, the owner or
operator is required to continue to comply with the Group 1
requirements for that emission point. This notification may be
submitted at any time.
(3) Notification if one or more emission points (other than
equipment leaks) or one or more EPPU is added to an affected source.
The owner or operator shall submit the information contained in
paragraphs (e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this
section.
(i) A description of the addition to the affected source; and
(ii) Notification of the group status of the additional emission
point or all emission points in the EPPU.
(4) Notification if a standard operating procedure, as defined in
Sec. 63.500(a)(2), is changed and the change has the potential for
increasing the concentration of carbon disulfide in the crumb dryer
exhaust. This notification shall also include test results of the
carbon disulfide concentration resulting from the new standard
operating procedure.
(5) For process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the treatment
facility or transferee.
* * * * *
(iv) For each batch front-end process vent with a batch mass input
limitation, every second Periodic Report shall include the mass of HAP
or material input to the batch unit operation during the 12-month
period covered by the preceding and current Periodic Reports, and a
statement of whether the batch front-end process vent was in or out of
compliance with the batch mass input limitation.
(v) * * *
[[Page 11646]]
(B) For additional tests performed for the same kind of emission
point using the same method, results and any other information,
pertaining to the performance test, that is requested on a case-by-case
basis by the Administrator shall be submitted, but a complete test
report is not required.
(vi) Notification of a change in the primary product of an EPPU, in
accordance with the provisions in Sec. 63.480(f). This includes a
change in primary product from one elastomer product to either another
elastomer product or to a non-elastomer product.
(vii) The results for each change made to a predominant use
determination made under Sec. 63.480(g) for a storage vessel that is
assigned to an affected source subject to this subpart after the
change.
(viii) The results for each change made to a predominant use
determination made under Sec. 63.480(h) for recovery operations
equipment assigned to an affected source subject to this subpart after
the change.
(ix) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Periodic Report or as
part of the Notification of Compliance Status as specified in paragraph
(e)(5)(xi) of this section.
(x) An owner or operator electing not to retain daily average or
batch cycle daily average values under paragraph (h)(2) of this section
shall notify the Administrator as specified in paragraph (h)(2)(i) of
this section.
(xi) The owner or operator of an affected source shall submit
quarterly reports for all emission points included in an emissions
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C)
of this section.
(A) The quarterly reports shall be submitted no later than 60 days
after the end of each quarter. The first report shall be submitted with
the Notification of Compliance Status no later than 150 days after the
compliance date.
(B) The quarterly reports shall include the information specified
in paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section
for all emission points included in an emissions average.
(1) The credits and debits calculated each month during the
quarter;
(2) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as
required under Sec. 63.503(e)(4);
(3) The values of any inputs to the debit and credit equations in
Sec. 63.503(g) and (h) that change from month to month during the
quarter or that have changed since the previous quarter;
(4) Results of any performance tests conducted during the reporting
period including one complete report for each test method used for a
particular kind of emission point as described in paragraph (e)(6)(v)
of this section;
(5) Reports of daily average values or batch cycle daily averages
of monitored parameters for excursions as defined in Sec. 63.505(g) or
(h);
(6) For excursions caused by lack of monitoring data, the duration
of periods when monitoring data were not collected shall be specified;
and
(7) Any other information the affected source is required to report
under the operating permit or Emissions Averaging Plan for the affected
source.
(C) Every fourth quarterly report shall include the following:
(1) A demonstration that annual credits are greater than or equal
to annual debits as required by Sec. 63.503(e)(3); and
(2) A certification of compliance with all the emissions averaging
provisions in Sec. 63.503.
(xii) The owner or operator of an affected source shall submit
quarterly reports for particular emission points and process sections
not included in an emissions average as specified in paragraphs
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
(A) The owner or operator of an affected source shall submit
quarterly reports for a period of 1 year for an emission point or
process section that is not included in an emissions average if:
(1) A control or recovery device for a particular emission point or
process section has more excursions, as defined in Sec. 63.505(g) or
Sec. 63.505(h), than the number of excused excursions allowed under
Sec. 63.505(i) for a semiannual reporting period; or
(2) The Administrator requests that the owner or operator submit
quarterly reports for the emission point or process section.
(B) The quarterly reports shall include all information specified
in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section, as
applicable to the emission point or process section for which quarterly
reporting is required under paragraph (e)(6)(xii)(A) of this section.
Information applicable to other emission points within the affected
source shall be submitted in the semiannual reports required under
paragraph (e)(6)(i) of this section.
(C) Quarterly reports shall be submitted no later than 60 days
after the end of each quarter.
(D) After quarterly reports have been submitted for an emission
point for 1 year without more excursions occurring (during that year)
than the number of excused excursions allowed under Sec. 63.505(i), the
owner or operator may return to semiannual reporting for the emission
point or process section.
(7) Other reports. Other reports shall be submitted as specified in
paragraphs (e)(7)(i) through (e)(7)(v) of this section.
(i) For storage vessels, the notifications of inspections required
by Sec. 63.484 shall be submitted, as specified in Sec. 63.122(h)(1)
and (h)(2).
(ii) For owners or operators of affected sources required to
request approval for a nominal control efficiency for use in
calculating credits for an emissions average, the information specified
in Sec. 63.503(i) shall be submitted, as specified in paragraph
(e)(7)(ii)(A) or (e)(7)(ii)(B) of this section, as appropriate.
(A) If use of a nominal control efficiency is part of the initial
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this
section, the information in paragraph (e)(7)(iii) of this section shall
be submitted with the Emissions Averaging Plan.
(B) If an owner or operator elects to use a nominal control
efficiency after submittal of the initial Emissions Averaging Plan as
described in paragraph (e)(4)(ii) of this section, the information
required by paragraph (e)(7)(ii) of this section shall be submitted at
the discretion of the owner or operator.
(iii) For back-end process operations using a control or recovery
device to comply with Secs. 63.493 through 63.500, the compliance
redetermination report required by Sec. 63.499(d) shall be submitted
within 180 days after the process change.
(iv) When the conditions of Sec. 63.480(f)(3)(i) or
Sec. 63.480(f)(4)(i) are met, reports of changes to the primary product
for an EPPU or process unit, as required by Sec. 63.480(f)(3)(ii) or
Sec. 63.480(f)(4)(ii), respectively, shall be submitted.
(v) Owners or operators of EPPU or emission points (other than
equipment leak components subject to Sec. 63.502) that are subject to
Sec. 63.480(i)(1) or (i)(2) shall submit a report as specified in
paragraphs (e)(7)(v)(A) and (B) of this section.
(A) Reports shall include:
(1) A description of the process change or addition, as
appropriate;
(2) The planned start-up date and the appropriate compliance date,
according to Sec. 63.480(i)(1) or (2);
(3) Identification of the group status of emission points (except
equipment leak components subject to the requirements in Sec. 63.502)
specified in paragraphs
[[Page 11647]]
(e)(7)(v)(A)(3)(i) through (iii) of this section, as applicable.
(i) All the emission points in the added EPPU, as described in
Sec. 63.480(i)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.480(i)(2)(i).
(iii) All the added or created emission points as described in
Sec. 63.480(i)(2)(ii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, engineering assessment to estimate
emissions from a batch emissions episode, or wishes to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.505(c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(v)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(v)(B)(1) through (e)(7)(v)(B)(3) of this section, as
appropriate.
(1) Owners or operators of an added EPPU subject to
Sec. 63.480(i)(1) shall submit a report no later than 180 days prior to
the compliance date for the EPPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.480(i)(2)(i) shall submit a report no
later than 180 days prior to the compliance date for the affected
source.
(3) Owners and operators of any emission point (other than
equipment leak components subject to Sec. 63.502) subject to
Sec. 63.480(i)(2)(ii) shall submit a report no later than 180 days
prior to the compliance date for those emission points.
(8) Operating Permit Application. An owner or operator who submits
an operating permit application instead of an Emissions Averaging Plan
or a Precompliance Report shall include the following information with
the operating permit application:
* * * * *
(f) Alternative monitoring parameters. The owner or operator of an
affected source who has been directed by any section of this subpart,
or any section of another subpart referenced by this subpart, that
expressly references this paragraph (f) or Sec. 63.151(f) to set unique
monitoring parameters, or who requests approval to monitor a different
parameter than those listed in Sec. 63.484 for storage vessels,
Sec. 63.114 for continuous front-end process vents, Sec. 63.489 for
batch front-end process vents and aggregate batch vent streams,
Sec. 63.497 for back-end process operations, or Sec. 63.143 for process
wastewater shall submit the information specified in paragraphs (f)(1)
through (f)(3) of this section in the Precompliance Report, as required
by paragraph (e)(3) of this section. The owner or operator shall retain
for a period of 5 years each record required by paragraphs (f)(1)
through (f)(3) of this section.
* * * * *
(3) The required information shall include a description of the
proposed monitoring, recordkeeping, and reporting system, to include
the frequency and content of monitoring, recordkeeping, and reporting.
Further, the rationale for the proposed monitoring, recordkeeping, and
reporting system shall be included if either condition in paragraph
(f)(3)(i) or (f)(3)(ii) of this section is met:
* * * * *
(g) Alternative continuous monitoring and recordkeeping. An owner
or operator choosing not to implement the continuous parameter
operating and recordkeeping provisions listed in Sec. 63.485 for
continuous front-end process vents, Sec. 63.486 for batch front-end
process vents and aggregate batch vent streams, Sec. 63.493 for back-
end process operations, and Sec. 63.501 for process wastewater, may
instead request approval to use alternative continuous monitoring and
recordkeeping provisions according to the procedures specified in
paragraphs (g)(1) through (g)(4) of this section. Requests shall be
submitted in the Precompliance Report as specified in paragraph
(e)(3)(iv) of this section, if not already included in the operating
permit application, and shall contain the information specified in
paragraphs (g)(2)(ii) and (g)(3)(ii) of this section, as applicable.
(1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review
and approval of requests.
(2) * * *
(ii) * * *
(D) Demonstration to the Administrator's satisfaction that the
proposed monitoring frequency is sufficient to represent control or
recovery device operating conditions, considering typical variability
of the specific process and control or recovery device operating
parameter being monitored.
(3) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency, but that records all
values that meet set criteria for variation from previously recorded
values, in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this
section.
(i) * * *
(A) Measure the operating parameter value at least once during
every 15 minute period;
* * * * *
(4) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f)(4).
(h) Reduced recordkeeping program. For any parameter with respect
to any item of equipment, the owner or operator may implement the
recordkeeping requirements in paragraph (h)(1) or (h)(2) of this
section as alternatives to the continuous operating parameter
monitoring and recordkeeping provisions that would otherwise apply
under this subpart. The owner or operator shall retain for a period of
5 years each record required by paragraph (h)(1) or (h)(2) of this
section, except as otherwise provided in paragraph (h)(1)(vi)(D) of
this section.
(1) The owner or operator may retain only the daily average or the
batch cycle daily average value, and is not required to retain more
frequent monitored operating parameter values, for a monitored
parameter with respect to an item of equipment, if the requirements of
paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An
owner or operator electing to comply with the requirements of paragraph
(h)(1) of this section shall notify the Administrator in the
Notification of Compliance Status as specified in paragraph (e)(5)(xii)
of this section, or, if the Notification of Compliance Status has
already been submitted, in the Periodic Report immediately preceding
implementation of the requirements of paragraph (h)(1) of this section,
as specified in paragraph (e)(6)(ix) of this section.
* * * * *
(ii) * * *
(B) The running average is based on at least six one-hour average
values; and
* * * * *
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (h)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that
is being monitored.
* * * * *
(vi) The owner or operator shall retain the records identified in
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
* * * * *
[[Page 11648]]
(B) A description of the applicable monitoring system(s), and how
compliance will be achieved with each requirement of paragraphs
(h)(1)(i) through (h)(1)(v) of this section. The description shall
identify the location and format (e.g., on-line storage, log entries)
for each required record. If the description changes, the owner or
operator shall retain both the current and the most recent superseded
description. The description, and the most recent superseded
description, shall be retained as provided in paragraph (a) of this
section, except as provided in paragraph (h)(1)(vi)(D) of this section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to impair its ability to
comply with the requirements of paragraph (h)(1) of this section.
(D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this
section shall retain the current description of the monitoring system
as long as the description is current. The current description shall,
at all times, be retained on-site or be accessible from a central
location by computer or other means that provides access within 2 hours
after a request. The owner or operator shall retain all superseded
descriptions for at least 5 years after the date of their creation.
Superseded descriptions shall be retained on-site (or accessible from a
central location by computer or other means that provides access within
2 hours after a request) for at least 6 months after their creation.
Thereafter, superseded descriptions may be stored off-site.
(2) * * *
(i) If the owner or operator elects not to retain the daily average
or batch cycle daily average values, the owner or operator shall notify
the Administrator in the next Periodic Report as specified in paragraph
(e)(6)(x) of this section. The notification shall identify the
parameter and unit of equipment.
* * * * *
(iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through(h)(1)(iii) of this section, for the
duration specified in paragraph (h) of this section. For any calendar
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iii) of
this section does not result in retention of a record of at least one
occurrence or measured parameter value, the owner or operator shall
record and retain at least one parameter value during a period of
operation other than a start-up, shutdown, or malfunction.
(iv) * * *
(A) The daily average or batch cycle daily average value during any
start-up, shutdown, or malfunction shall not be considered an excursion
for purposes of paragraph (h)(2) of this section, if the owner or
operator follows the applicable provisions of the start-up, shutdown,
and malfunction plan required by Sec. 63.6(e)(3).
* * * * *
28. Revise Tables 1, 2, 5, 6, 7, and 8, and add Table 9 to Subpart
U of part 63, to read as follows:
Table 1 to Subpart U of Part 63.--Applicability of General Provisions to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart U Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)......................... Yes........................ Sec. 63.482 specifies definitions in addition
to or that supersede definitions in Sec.
63.2.
63.1(a)(2)......................... Yes.
63.1(a)(3)......................... Yes........................ Sec. 63.481(f) through (k) and Sec.
63.160(b) identify those standards which may
apply in addition to the requirements of
subparts U and H of this part, and specify
how compliance shall be achieved.
63.1(a)(4)......................... Yes........................ Subpart U (this table) specifies the
applicability of each paragraph in subpart A
to subpart U.
63.1(a)(5)......................... No......................... [Reserved.]
63.1(a)(6)-63.1(a)(8).............. Yes.
63.1(a)(9)......................... No......................... [Reserved.]
63.1(a)(10)........................ Yes.
63.1(a)(11)........................ Yes.
63.1(a)(12)-63.1(a)(14)............ Yes.
63.1(b)(1)......................... No......................... Sec. 63.480(a) contains specific
applicability criteria.
63.1(b)(2)......................... Yes.
63.1(b)(3)......................... No......................... Sec. 63.480(b) provides documentation
requirements for EPPUs not considered
affected sources.
63.1(c)(1)......................... Yes........................ Subpart U (this table) specifies the
applicability of each paragraph in subpart A
to subpart U.
63.1(c)(2)......................... No......................... Area sources are not subject to subpart U.
63.1(c)(3)......................... No......................... [Reserved.]
63.1(c)(4)......................... Yes.
63.1(c)(5)......................... Yes........................ Except that affected sources are not required
to submit notifications that are not required
by this subpart U.
63.1(d)............................ No......................... [Reserved.]
63.1(e)............................ Yes.
63.2............................... Yes........................ Sec. 63.482 specifies those subpart A
definitions that apply to subpart U.
63.3............................... Yes.
63.4(a)(1)-63.4(a)(3).............. Yes.
63.4(a)(4)......................... No......................... [Reserved.]
63.4(a)(5)......................... Yes.
63.4(b)............................ Yes.
63.4(c)............................ Yes.
63.5(a)(1)......................... Yes........................ Except the terms ``source'' and ``stationary
source'' should be interpreted as having the
same meaning as ``affected source''.
63.5(a)(2)......................... Yes.
63.5(b)(1)......................... Yes........................ Except Sec. 63.480(i) defines when
construction or reconstruction is subject to
new source standards.
63.5(b)(2)......................... No......................... [Reserved.]
[[Page 11649]]
63.5(b)(3)......................... Yes.
63.5(b)(4)......................... Yes........................ Except that the Initial Notification and Sec.
63.9(b) requirements do not apply.
63.5(b)(5)......................... Yes.
63.5(b)(6)......................... Yes........................ Except that Sec. 63.480(i) defines when
construction or reconstruction is subject to
the new source standards.
63.5(c)............................ No......................... [Reserved.]
63.5(d)(1)(i)...................... Yes........................ Except that the references to the Initial
Notification and Sec. 63.9(b)(5) do not
apply.
63.5(d)(1)(ii)..................... Yes........................ Except that Sec. 63.5(d)(1)(ii)(H) does not
apply.
63.5(d)(1)(iii).................... No......................... Sec. 63.506(e)(5) and Sec. 63.502(f) specify
Notification of Compliance Status
requirements.
63.5(d)(2)......................... No.
63.5(d)(3)......................... Yes........................ Except Sec. 63.5(d)(3)(ii) does not apply,
and equipment leaks subject to Sec. 63.502
are exempt.
63.5(d)(4)......................... Yes.
63.5(e)............................ Yes.
63.5(f)(1)......................... Yes.
63.5(f)(2)......................... Yes........................ Except that where Sec. 63.9(b)(2) is referred
to, the owner or operator need not comply.
63.6(a)............................ Yes.
63.6(b)(1)......................... Yes.
63.6(b)(2)......................... Yes.
63.6(b)(3)......................... Yes.
63.6(b)(4)......................... Yes.
63.6(b)(5)......................... Yes.
63.6(b)(6)......................... No......................... [Reserved.]
63.6(b)(7)......................... No.
63.6(c)(1)......................... Yes........................ Sec. 63.481 specifies the compliance date.
63.6(c)(2)......................... No.
63.6(c)(3)......................... No......................... [Reserved.]
63.6(c)(4)......................... No......................... [Reserved.]
63.6(c)(5)......................... Yes.
63.6(d)............................ No......................... [Reserved.]
63.6(e)............................ Yes........................ Except as otherwise specified for individual
paragraphs (below), and Sec. 63.6(e) does
not apply to Group 2 emission points, unless
they are included in an emissions average.a
63.6(e)(1)(i)...................... No......................... This is addressed by Sec. 63.480(j)(4).
63.6(e)(1)(ii)..................... Yes.
63.6(e)(1)(iii).................... Yes.
63.6(e)(2)......................... Yes.
63.6(e)(3)(i)...................... Yes........................ For equipment leaks (subject to Sec. 63.502),
the start-up, shutdown, and malfunction plan
requirement of Sec. 63.6(e)(3)(i) is limited
to control devices and is optional for other
equipment. The start-up, shutdown, and
malfunction plan may include written
procedures that identify conditions that
justify a delay of repair.
63.6(e)(3)(i)(A)................... No......................... This is addressed by Sec. 63.480(j)(4).
63.6(e)(3)(i)(B)................... Yes.
63.6(e)(3)(i)(C)................... Yes.
63.6(e)(3)(ii)..................... Yes.
63.6(e)(3)(iii).................... No......................... Recordkeeping and reporting are specified in
Sec. 63.506(b)(1).
63.6(e)(3)(iv)..................... No......................... Recordkeeping and reporting are specified in
Sec. 63.506(b)(1).
63.6(e)(3)(v)...................... Yes.
63.6(e)(3)(vi)..................... Yes.
63.6(e)(3)(vii).................... Yes.
63.6(e)(3)(vii)(A)................. Yes.
63.6(e)(3)(vii)(B)................. Yes........................ Except the plan shall provide for operation in
compliance with Sec. 63.480(j)(4).
63.6(e)(3)(vii)(C)................. Yes.
63.6(e)(3)(viii)................... Yes.
63.6(f)(1)......................... Yes.
63.6(f)(2)......................... Yes........................ Except 63.7(c), as referred to in Sec.
63.6(f)(2)(iii)(D) does not apply, and except
that Sec. 63.6(f)(2)(ii) does not apply to
equipment leaks subject to Sec. 63.502.
63.6(f)(3)......................... Yes.
63.6(g)............................ Yes.
63.6(h)............................ No......................... Subpart U does not require opacity and visible
emission standards.
63.6(i)(1)......................... Yes.
63.6(i)(2)......................... Yes.
63.6(i)(3)......................... Yes.
63.6(i)(4)(i)(A)................... Yes.
63.6(i)(4)(i)(B)................... No......................... Dates are specified in Sec. 63.481(e) and
Sec. 63.506(e)(3)(i).
63.6(i)(4)(ii)..................... No.
63.6(i)(5)-(14).................... Yes.
63.6(i)(15)........................ No......................... [Reserved.]
[[Page 11650]]
63.6(i)(16)........................ Yes.
63.6(j)............................ Yes.
63.7(a)(1)......................... Yes.
63.7(a)(2)......................... No......................... Sec. 63.506(e)(5) specifies the submittal
dates of performance test results for all
emission points except equipment leaks; for
equipment leaks, compliance demonstration
results are reported in the Periodic Reports.
63.7(a)(3)......................... Yes.
63.7(b)............................ No......................... Sec. 63.504(a)(4) specifies notification
requirements.
63.7(c)............................ No......................... Except if the owner or operator chooses to
submit an alternative nonopacity emission
standard for approval under Sec. 63.6(g).
63.7(d)............................ Yes.
63.7(e)(1)......................... Yes........................ Except that all performance tests shall be
conducted at maximum representative operating
conditions achievable at the time without
disruption of operations or damage to
equipment.
63.7(e)(2)......................... Yes.
63.7(e)(3)......................... No......................... Subpart U specifies requirements.
63.7(e)(4)......................... Yes.
63.7(f)............................ Yes........................ Except that Sec. 63.144(b)(5)(iii)(A) & (B)
shall apply for process wastewater. Also,
since a site specific test plan is not
required, the notification deadline in Sec.
63.7(f)(2)(i) shall be 60 days prior to the
performance test, and in Sec. 63.7(f)(3)
approval or disapproval of the alternative
test method shall not be tied to the site
specific test plan.
63.7(g)............................ Yes........................ Except that the requirements in Sec.
63.506(e)(5) apply instead of references to
the Notification of Compliance Status report
in 63.9(h). In addition, equipment leaks
subject to Sec. 63.502 are not required to
conduct performance tests.
63.7(h)............................ Yes........................ Except Sec. 63.7(h)(4)(ii) is not applicable,
since the site-specific test plans in Sec.
63.7(c)(2) are not required.
63.8(a)(1)......................... Yes.
63.8(a)(2)......................... No.
63.8(a)(3)......................... No......................... [Reserved.]
63.8(a)(4)......................... Yes.
63.8(b)(1)......................... Yes.
63.8(b)(2)......................... No......................... Subpart U specifies locations to conduct
monitoring.
63.8(b)(3)......................... Yes.
63.8(c)(1)......................... Yes.
63.8(c)(1)(i)...................... Yes.
63.8(c)(1)(ii)..................... No......................... For all emission points except equipment
leaks, comply with Sec. 63.506(b)(1)(i)(B);
for equipment leaks, comply with Sec.
63.181(g)(2)(iii).
63.8(c)(1)(iii).................... Yes.
63.8(c)(2)......................... Yes.
63.8(c)(3)......................... Yes.
63.8(c)(4)......................... No......................... Sec. 63.505 specifies monitoring frequency;
not applicable to equipment leaks, because
Sec. 63.502 does not require continuous
monitoring systems.
63.8(c)(5)-63.8(c)(8).............. No.
63.8(d)............................ No.
63.8(e)............................ No.
63.8(f)(1)-63.8(f)(3).............. Yes.
63.8(f)(4)(i)...................... No......................... Timeframe for submitting request is specified
in Sec. 63.506(f) or (g); not applicable to
equipment leaks, because Sec. 63.502
(through reference to subpart H) specifies
acceptable alternative methods.
63.8(f)(4)(ii)..................... No......................... Contents of request are specified in Sec.
63.506(f) or (g).
63.8(f)(4)(iii).................... No.
63.8(f)(5)(i)...................... Yes.
63.8(f)(5)(ii)..................... No.
63.8(f)(5)(iii).................... Yes.
63.8(f)(6)......................... No......................... Subpart U does not require CEM's.
63.8(g)............................ No......................... Data reduction procedures specified in Sec.
63.506(d) and (h); not applicable to
equipment leaks.
63.9(a)............................ Yes.
63.9(b)............................ No......................... Subpart U does not require an initial
notification.
63.9(c)............................ Yes.
63.9(d)............................ Yes.
63.9(e)............................ No......................... Sec. 63.504(a)(4) specifies notification
deadline.
63.9(f)............................ No......................... Subpart U does not require opacity and visible
emission standards.
63.9(g)............................ No.
63.9(h)............................ No......................... Sec. 63.506(e)(5) specifies Notification of
Compliance Status requirements.
63.9(i)............................ Yes.
63.9(j)............................ No.
63.10(a)........................... Yes.
63.10(b)(1)........................ No......................... Sec. 63.506(a) specifies record retention
requirements.
[[Page 11651]]
63.10(b)(2)........................ No......................... Subpart U specifies recordkeeping
requirements.
63.10(b)(3)........................ No......................... Sec. 63.480(b) requires documentation of
sources that are not affected sources.
63.10(c)........................... No......................... Sec. 63.506 specifies recordkeeping
requirements.
63.10(d)(1)........................ Yes.
63.10(d)(2)........................ No......................... Sec. 63.506(e)(5) specifies performance test
reporting requirements; not applicable to
equipment leaks.
63.10(d)(3)........................ No......................... Subpart U does not require opacity and visible
emission standards.
63.10(d)(4)........................ Yes.
63.10(d)(5)........................ Yes........................ Except that reports required by Sec.
63.10(d)(5)(i) and/or Sec. 63.10(d)(5)(ii)
shall be submitted at the same time as
Periodic Reports specified in Sec.
63.506(e)(6). The start-up, shutdown, and
malfunction plan, and any records or reports
of start-up, shutdown, and malfunction do not
apply to Group 2 emission points unless they
are included in an emissions average.
63.10(e)........................... No......................... Sec. 63.506 specifies reporting requirements.
63.10(f)........................... Yes.
63.11.............................. Yes........................ Except that instead of Sec. 63.11(b), Sec.
63.504(c) shall apply.
63.12.............................. Yes........................ Except that the authority of Sec. 63.503(i)
and the authority of Sec. 63.177 (for
equipment leaks) will not be delegated to
States.
63.13-63.15........................ Yes.
----------------------------------------------------------------------------------------------------------------
a The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission
points unless they are included in an emissions average.
Table 2 to Subpart U of Part 63.--Applicability of Subparts F, G, & H of This Part to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
Applicable section of
Reference Applies to subpart U Comment subpart U
----------------------------------------------------------------------------------------------------------------
Subpart F
63.100....................... No.
63.101....................... Yes.................. Several definitions from 63.482.
63.101 are incorporated by
reference into 63.482.
63.102-63.103................ No.
63.104-63.105................ Yes.................. .............................. 63.501 and 63.502.
63.106-63.109................ No.
Subpart G
63.110....................... No.
63.111....................... Yes.................. Several definitions from 63.482.
63.111 are incorporated by
reference into 63.482.
63.112....................... No.
63.113-63.118................ Yes.................. With the differences noted in 63.485.
63.485(b) through 63.485(k).
63.119-63.123................ Yes.................. With the differences noted in 63.484.
63.484(c) through 63.484(s).
63.124-63.125................ No [Reserved.]...................
63.126-63.130................ No.
63.131-63.147................ Yes.................. With the differences noted in 63.501.
63.501(a)(1) through
63.501(a)(19).
63.148-63.149................ Yes.................. With the differences noted in 63.484 and 63.501.
63.484(c) through 63.484(s)
and 63.501(a)(1) through
63.501(a)(23).
63.150(a) through 63.150(f).. No.
63.150(g)(1) and 63.150(g)(2) No.
63.150(g)(3)................. Yes.................. .............................. 63.503(g)(3).
63.150(g)(4)................. No.
63.150(g)(5)................. Yes.................. .............................. 63.503(g)(5).
63.150(h)(1) and 63.150(h)(2) No.
63.150(h)(3)................. Yes.................. .............................. 63.503(h)(3).
63.150(h)(4)................. No.
63.150(h)(5)................. Yes.................. .............................. 63.503(h)(5).
63.150(i) through 63.150(o).. No.
63.151-63.152................ No.
Subpart H
63.160-63.183................ Yes.................. Subpart U affected sources 63.502.
shall comply with all
requirements of subpart H of
this part, with the
differences noted in Sec.
63.502.
----------------------------------------------------------------------------------------------------------------
* * * * *
[[Page 11652]]
Table 5 to Subpart U of Part 63.--Known Organic HAP Emitted From the Production of Elastomer Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
Elastomer product/subcategory
Organic HAP/chemical name (CAS -----------------------------------------------------------------------------------------------------------------------
No.) BR EPI EPR HBR HYP NEO NBL NBR PBR/SBRS PSR SBL SBRE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile (107131).......... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
1,3 Butadiene (106990).......... ........ ........ ........ ........ ........ ........ ........
Carbon Tetrachloride (56235).... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Chlorobenzene (108907).......... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Chloroform (67663).............. ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Chloroprene (126998)............ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Epichlorohydrin (106898)........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Ethylbenzene (100414)........... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Ethylene Dichloride (107062).... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Ethylene Oxide (75218).......... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Formaldehyde (50000)............ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Hexane (110543)................. ........ ........ ........ ........ ........ ........ ........
Methanol (67561)................ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Methyl Chloride (74873)......... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Propylene Oxide (75569)......... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Styrene (100425)................ ........ ........ ........ ........ ........ ........ ........ ........ ........
Toluene (108883)................ ........ ........ ........ ........ ........ ........
Xylenes (1330207)............... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Xylene (m-) (108383)............ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Xylene (o-) (95476)............. ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Xylene (p-) (106423)............ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
BR = Butyl Rubber.
EPI = Epichlorohydrin Rubber.
EPR = Ethylene Propylene Rubber.
HBR = Halobutyl Rubber.
HYP = HypalonTM.
NEO = Neoprene.
NBL = Nitrile Butadiene Latex.
NBR = Nitrile Butadiene Rubber.
PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution.
PSR = Polysulfide Rubber.
SBL = Styrene Butadiene Latex.
SBR = Styrene Butadiene Rubber by Emulsion or Solution.
Table 6 to Subpart U of Part 63.--Group 1 Batch Front-End Process Vents and Aggregate Batch Vent Streams--
Monitoring, Recordkeeping, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Recordkeeping and reporting requirements for
Control/recovery device Parameter to be monitored monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal Incinerator................ Firebox temperature a...... 1. Continuous records as specified in Sec.
63.491(e)(1).b
2. Record and report the average firebox
temperature measured during the performance
test--NCS. c
3. Record the batch cycle daily average
firebox temperature as specified in Sec.
63.491(e)(2).
4. Report all batch cycle daily average
temperatures that are below the minimum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR. d e
Catalytic Incinerator.............. Temperature upstream and 1. Continuous records as specified in Sec.
downstream of the catalyst 63.491(e)(1).b
bed.
Temperature upstream and 2. Record and report the average upstream and
downstream of the catalyst downstream temperatures and the average
bed. temperature difference across the catalyst
bed measured during the performance test--
NCS.c
3. Record the batch cycle daily average
upstream temperature and temperature
difference across catalyst bed as specified
in Sec. 63.491(e)(2).
4. Report all batch cycle daily average
upstream temperatures that are below the
minimum upstream value established in the NCS
or operating permit--PR.d e
5. Report all batch cycle daily average
temperature differences across the catalyst
bed that are below the minimum difference.
[[Page 11653]]
Boiler or Process Heater with a Firebox temperature a...... 1. Continuous records as specified in Sec.
design heat input capacity less 63.491(e)(1).b
than 44 megawatts and where the
batch front-end process vents or
aggregate batch vent streams are
not introduced with or used as the
primary fuel.
2. Record and report the average firebox
temperature measured during the performance
test--NCS.c
3. Record the batch cycle daily average
firebox temperature as specified in Sec.
63.491(e)(2).d
4. Report all batch cycle daily average
temperatures that are below the minimum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d e
Flare.............................. Presence of a flame at the 1. Hourly records of whether the monitor was
pilot light. continuously operating during batch emission
episodes selected for control and whether a
flame was continuously present at the pilot
light during each hour.
2. Record and report the presence of a flame
at the pilot light over the full period of
the compliance determination--NCS.c
3. Record the times and durations of all
periods during batch emission episodes when
all flames at the pilot light of a flare are
absent or the monitor is not operating.
4. Report the times and durations of all
periods during batch emission episodes
selected for control when all flames at the
pilot light of a flare are absent--PR.d
Scrubber for halogenated batch pH of scrubber effluent, 1. Continuous records as specified in Sec.
front-end process vents or and. 63.491(e)(1).b
aggregate batch vent streams.
(Note: Controlled by a combustion
device other than a flare).
2. Record and report the average pH of the
scrubber effluent measured during the
performance test--NCS.c
3. Record the batch cycle daily average pH of
the scrubber effluent as specified in Sec.
63.491(e)(2).
4. Report all batch cycle daily average pH
values of the scrubber effluent that are
below the minimum operating value established
in the NCS or operating permit and all
instances when insufficient monitoring data
are collected--PR.d e
Scrubber for halogenated batch Scrubber liquid and gas 1. Records as specified in Sec.
front-end process vents or flow rates [Sec. 63.491(e)(1).b
aggregate batch vent streams 63.489(b)(4)(ii)].
(Note: Controlled by a combustion
device other than a flare)
(Continued)
2. Record and report the scrubber liquid/gas
ratio averaged over the full period of the
performance test--NCS.c
3. Record the batch cycle daily average
scrubber liquid/gas ratio as specified in
Sec. 63.491(e)(2).
4. Report all batch cycle daily average
scrubber liquid/gas ratios that are below the
minimum value established in the NCS or
operating permit and all instances when
insufficient monitoring data are collected--
PR.d e
Absorber f......................... Exit temperature of the 1. Continuous records as specified in Sec.
absorbing liquid, and 63.491(e)(1).b
2. Record and report the average exit
temperature of the absorbing liquid measured
during the performance test--NCS.c
3. Record the batch cycle daily average exit
temperature of the absorbing liquid as
specified in Sec. 63.491(e)(2) for each
batch cycle.
4. Report all the batch cycle daily average
exit temperatures of the absorbing liquid
that are below the minimum operating
temperature established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d e
Exit specific gravity of 1. Continuous records as specified in Sec.
the absorbing liquid 63.491(e)(1).b
2. Record and report the average exit specific
gravity measured during the performance test--
NCS.
3. Record the batch cycle daily average exit
specific gravity as specified in Sec.
63.491(e)(2).
[[Page 11654]]
4. Report all batch cycle daily average exit
specific gravity values that are below the
minimum operating value established in the
NCS or operating permit and all instances
when monitoring data are not collected--PR.d
e
Condenser f........................ Exit (product side) 1. Continuous records as specified in Sec.
temperature. 63.491(e)(1).b
2. Record and report the average exit
temperature measured during the performance
test--NCS.
3. Record the batch cycle daily average exit
temperature as specified in Sec.
63.491(e)(2).
4. Report all batch cycle daily average exit
temperatures that are above the maximum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d e
Carbon Adsorberf................... Total regeneration steam 1. Record of total regeneration steam flow or
flow or nitrogen flow, or nitrogen flow, or pressure for each carbon
pressure (gauge or bed regeneration cycle.
absolute) during carbon
bed regeneration cycle(s),
and.
2. Record and report the total regeneration
steam flow or nitrogen flow, or pressure
during each carbon bed regeneration cycle
during the performance test--NCSc.
3. Report all carbon bed regeneration cycles
when the total regeneration steam flow or
nitrogen flow, or pressure is above the
maximum value established in the NCS or
operating permit--PRd e.
Temperature of the carbon 1. Record the temperature of the carbon bed
bed after regeneration and after each regeneration and within 15 minutes
within 15 minutes of of completing any cooling cycle(s).
completing any cooling
cycle(s).
2. Record and report the temperature of the
carbon bed after each regeneration and within
15 minutes of completing any cooling cycle(s)
measured during the performance test--NCSc.
3. Report all carbon bed regeneration cycles
when the temperature of the carbon bed after
regeneration, or within 15 minutes of
completing any cooling cycle(s), is above the
maximum value established in the NCS or
operating permit--PRd e.
All Control Devices................ Diversion to the atmosphere 1. Hourly records of whether the flow
from the control device or. indicator was operating during batch emission
episodes selected for control and whether a
diversion was detected at any time during the
hour, as specified in Sec. 63.491(e)(3).
2. Record and report the times of all periods
during batch emission episodes selected for
control when emissions are diverted through a
bypass line, or the flow indicator is not
operating--PRd.
Monthly inspections of 1. Records that monthly inspections were
sealed valves. performed as specified in Sec.
63.491(e)(4)(i).
2. Record and report all monthly inspections
that show that valves are in the diverting
position or that a seal has been broken--PRd.
Absorber, Condenser, and Carbon Concentration level or 1. Continuous records as specified in Sec.
Adsorber (as an alternative to the reading indicated by an 63.491(e)(1).b
above). organic monitoring device
at the outlet of the
recovery device.
2. Record and report the average batch vent
concentration level or reading measured
during the performance test--NCS.
3. Record the batch cycle daily average
concentration level or reading as specified
in Sec. 63.491(e)(2).
4. Report all batch cycle daily average
concentration levels or readings that are
above the maximum values established in the
NCS or operating permit and all instances
when monitoring data are not collected--PR.d
e a
----------------------------------------------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the duct work immediately downstream of the firebox before any
substantial heat exchange is encountered.
b ``Continuous records'' is defined in Sec. 63.111.
c NCS = Notification of Compliance Status described in Sec. 63.506(e)(5).
d PR = Periodic Reports described in Sec. 63.506(e)(6) of this subpart.
e The periodic reports shall include the duration of periods when monitoring data are not collected as specified
in Sec. 63.506(e)(6)(iii)(C) of this subpart.
f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table.
[[Page 11655]]
Table 7 To Subpart U of Part 63.--Operating Parameters for Which Monitoring Levels are Required To Be
Established for Continuous and Batch Front-End Process Vents and Aggregate Batch Vent Streams
----------------------------------------------------------------------------------------------------------------
Established operating
Control/recovery device Parameters to be monitored parameter(s)
----------------------------------------------------------------------------------------------------------------
Thermal incinerator............. Firebox temperature........................ Minimum temperature.
Catalytic incinerator........... Temperature upstream and downstream of the Minimum upstream temperature; and
catalyst bed. minimum temperature difference
across the catalyst bed.
Boiler or process heater........ Firebox temperature........................ Minimum temperature.
Scrubber for halogenated vents.. pH of scrubber effluent; and scrubber Minimum pH; and minimum liquid/
liquid and gas flow rates [Sec. gas ratio.
63.489(b)(4)(ii)].
Absorber........................ Exit temperature of the absorbing liquid; Maximum temperature; and maximum
and exit specific gravity of the absorbing specific gravity.
liquid.
Condenser....................... Exit temperature........................... Maximum temperature.
Carbon adsorber................. Total regeneration steam flow or nitrogen Maximum flow or pressure; and
flow, or pressure (gauge or absolute) a maximum temperature.
during carbon bed regeneration cycle; and
temperature of the carbon bed after
regeneration (and within 15 minutes of
completing any cooling cycle(s)).
Other devices (or as an HAP concentration level or reading at Maximum HAP concentration or
alternate to the above) b. outlet of device. reading.
----------------------------------------------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.
b Concentration is measured instead of an operating parameter.
Table 8 to Subpart U of Part 63.--Summary of Compliance Alternative Requirements for the Back-End Process
Provisions
----------------------------------------------------------------------------------------------------------------
Compliance alternative Parameter to be monitored Requirements
----------------------------------------------------------------------------------------------------------------
Compliance Using Stripping Technology, Residual organic HAP content (1) If a stripper operated in batch mode
Demonstrated through Periodic in each sample of crumb or is used, at least one representative
Sampling [Sec. 63.495(b)]. latex. sample is to be taken from every batch.
(2) If a stripper operated in continuous
mode is used, at least one
representative sample is to be taken
each operating day.
Quantity of Material (weight (1) Acceptable methods of determining
of latex or dry crumb rubber) this quantity are production records,
represented by each sample. measurement of stream characteristics,
and engineering calculations.
Compliance Using Stripping Technology, At a minimum, temperature, (1) Establish stripper operating
Demonstrated through Stripper pressure, steaming rates (for parameter levels for each grade in
Parameter Monitoring [Sec. steam strippers), and some accordance with Sec. 63.505(e).
63.495(c)]. parameter that is indicative (2) Continuously monitor stripper
of residence time. operating parameters.
(3) If hourly average parameters are
outside of the established operating
parameter levels, a crumb or latex
sample shall be taken in accordance
with Sec. 63.495(c)(3)(ii).
Determining Compliance Using Control Parameters to be monitored are Comply with requirements listed in Table
or Recovery Devices [Sec. 63.496]. described in Table 3 of 3 of subpart G of this part, except for
subpart G of this part. the requirements for halogenated vent
stream scrubbers.
----------------------------------------------------------------------------------------------------------------
Table 9 To Subpart U of Part 63.--Routine Reports Required by This Subpart
----------------------------------------------------------------------------------------------------------------
Reference Description of report Due date
----------------------------------------------------------------------------------------------------------------
Sec. 63.506(b) and Subpart A... Refer to Sec. 63.506(b), Table 1 of this Refer to subpart A.
subpart, and to subpart A.
Sec. 63.506(e)(3).............. Precompliance Report a..................... Existing affected sources: 12
months prior to compliance date.
New affected sources: with the
application for approval of
construction or reconstruction.
Sec. 63.506(e)(4).............. Emissions Averaging Plan................... 18 months prior to the compliance
date.
Sec. 63.506(e)(4)(iv).......... Updates to Emissions Averaging Plan........ 120 days prior to making the
change necessitating the update.
Sec. 63.506(e)(5).............. Notification of Compliance Status b........ Within 150 days after the
compliance date.
Sec. 63.506(e)(6).............. Periodic Reports........................... Semiannually, no later than 60
days after the end of each 6-
month period. See Sec.
63.506(e)(6)(i) for the due date
for this report.
Sec. 63.506(e)(6)(xi).......... Quarterly reports for Emissions Averaging.. No later than 60 days after the
end of each quarter. First
report is due with the
Notification of Compliance
Status.
Sec. 63.506(e)(6)(xii)......... Quarterly reports upon request of the No later than 60 days after the
Administrator. end of each quarter.
[[Page 11656]]
Sec. 63.506(e)(7)(i)........... Storage Vessels Notification of Inspection. At least 30 days prior to the
refilling of each storage vessel
or the inspection of each
storage vessel.
Sec. 63.506(e)(7)(ii).......... Requests for Approval of a Nominal Control Initial submittal is due with the
Efficiency for Use in Emissions Averaging. Emissions Averaging Plan; later
submittals are made at the
discretion of the owner or
operator as specified in Sec.
63.506(e)(7)(ii)(B).
Sec. 63.506(e)(7)(iii)......... Notification of Change in the Primary For notification under Sec.
Product. 63.480(f)(3)(ii)--notification
submittal date at the discretion
of the owner or operator.c
For notification under Sec.
63.480(f)(4)(ii)--within 6
months of making the
determination.
----------------------------------------------------------------------------------------------------------------
a There may be two versions of this report due at different times; one for equipment subject to Sec. 63.502 and
one for other emission points subject to this subpart.
b There will be two versions of this report due at different times; one for equipment subject to Sec. 63.502
and one for other emission points subject to this subpart.
c Note that the EPPU remains subject to this subpart until the notification under Sec. 63.480(f)(3)(i) is made.
Subpart JJJ--National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins
29. Section 63.1310 is amended by:
a. Revising paragraphs (a), (b), (c), (e), (f), (g) introductory
text, (g)(1) through (g)(4), (g)(6), (g)(7), (g)(8), (h), (i)
introductory text, (i)(1) introductory text, (i)(1)(i), (i)(1)(ii),
(i)(2)(i) introductory text, (i)(2)(i)(A), (i)(2)(ii), (i)(3), (i)(4),
(i)(5), and (j);
b. Removing paragraph (i)(2)(iii); and
c. Adding paragraph (i)(6), to read as follows:
Sec. 63.1310 Applicability and designation of affected sources.
(a) Definition of affected source. The provisions of this subpart
apply to each affected source. Affected sources are described in
paragraphs (a)(1) through (a)(4) of this section.
(1) An affected source is either an existing affected source or a
new affected source. Existing affected source is defined in paragraph
(a)(2) of this section, and new affected source is defined in paragraph
(a)(3) of this section.
(2) An existing affected source is defined as each group of one or
more thermoplastic product process units (TPPU) and associated
equipment, as listed in paragraph (a)(4) of this section that is not
part of a new affected source, as defined in paragraph (a)(3) of this
section, that is manufacturing the same primary product, and that is
located at a plant site that is a major source.
(3) A new affected source is defined as something that meets the
criteria of paragraph (a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this
section. The situation described in paragraph (a)(3)(i) of this section
is distinct from those situations described in paragraphs (a)(3)(ii)
and (a)(3)(iii) of this section and from any situation described in
paragraph (i) of this section.
(i) At a site without HAP emission points before March 29, 1995
(i.e., a ``greenfield'' site), each group of one or more TPPU and
associated equipment, as listed in paragraph (a)(4) of this section,
that is manufacturing the same primary product and that is part of a
major source on which construction commenced after March 29, 1995;
(ii) A group of one or more TPPU meeting the criteria in paragraph
(i)(1)(i) of this section; or
(iii) A reconstructed affected source meeting the criteria in
paragraph (i)(2)(i) of this section.
(4) Emission points and equipment. The affected source also
includes the emission points and equipment specified in paragraphs
(a)(4)(i) through (a)(4)(vi) of this section that are associated with
each applicable group of one or more TPPU constituting an affected
source.
(i) Each waste management unit.
(ii) Maintenance wastewater.
(iii) Each heat exchange system.
(iv) Each process contact cooling tower used in the manufacture of
PET that is associated with a new affected source.
(v) Each process contact cooling tower used in the manufacture of
PET using a continuous terephthalic acid high viscosity multiple end
finisher process that is associated with an existing affected source.
(vi) Equipment required by, or utilized as a method of compliance
with, this subpart which may include control devices and recovery
devices.
(5) TPPUs and associated equipment, as listed in paragraph (a)(4)
of this section, that are located at plant sites that are not major
sources are neither affected sources nor part of an affected source.
(b) TPPUs without organic HAP. The owner or operator of a TPPU that
is part of an affected source, as defined in paragraph (a) of this
section, but that does not use or manufacture any organic HAP shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section. Such a TPPU is not subject to any other provisions of
this subpart and is not required to comply with the provisions of
subpart A of this part.
(1) Retain information, data, and analyses used to document the
basis for the determination that the TPPU does not use or manufacture
any organic HAP. Types of information that could document this
determination include, but are not limited to, records of chemicals
purchased for the process, analyses of process stream composition,
engineering calculations, or process knowledge.
(2) When requested by the Administrator, demonstrate that the TPPU
does not use or manufacture any organic HAP.
(c) Emission points not subject to the provisions of this subpart.
The affected source includes the emission points listed in paragraphs
(c)(1) through (c)(9) of this section, but these emission points are
not subject to the requirements of this subpart or to the provisions of
subpart A of this part.
(1) Equipment that does not contain organic HAP and is located
within a TPPU that is part of an affected source;
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
[[Page 11657]]
(7) Water from testing of firefighting systems;
(8) Vessels and equipment storing and/or handling material that
contain no organic HAP and/or organic HAP as impurities only; and
(9) Equipment that is intended to operate in organic HAP service
for less than 300 hours during the calendar year.
* * * * *
(e) Applicability determination of nonthermoplastic equipment
included within the boundaries of a TPPU. If a polymer that is not
subject to this subpart is produced within the equipment (i.e.,
collocated) making up a TPPU and at least 50 percent of said polymer is
used in the production of a thermoplastic product manufactured by said
TPPU, the unit operations involved in the production of said polymer
are considered part of the TPPU and are subject to this subpart except
as specified in this paragraph (e). Any emission points that are
subject to another subpart of this part and that are from said unit
operations shall remain subject to that other subpart of this part and
are not subject to this subpart. All emission points from those unit
operations that are not subject to another subpart of this part shall
be subject to this subpart.
(f) Primary product determination and applicability. An owner or
operator of a process unit that produces or plans to produce a
thermoplastic product shall determine if the process unit is subject to
this subpart in accordance with this paragraph. The owner or operator
shall initially determine whether a process unit is designated as a
TPPU and subject to the provisions of this subpart in accordance with
either paragraph (f)(1) or (f)(2) of this section. The owner or
operator of a flexible operation unit that was not initially designated
as a TPPU, but in which a thermoplastic product is produced, shall
conduct an annual re-determination of the applicability of this subpart
in accordance with paragraph (f)(3) of this section. Owners or
operators that anticipate the production of a thermoplastic product in
a process unit that was not initially designated as a TPPU, and in
which no thermoplastic products are currently produced, shall determine
if the process unit is subject to this subpart in accordance with
paragraph (f)(4) of this section. Paragraphs (f)(3) and (f)(5) through
(f)(7) of this section discuss compliance only for flexible operation
units. Other paragraphs apply to all process units, including flexible
operation units, unless otherwise noted. Paragraph (f)(8) of this
section contains reporting requirements associated with the
applicability determinations. Paragraphs (f)(9) and (f)(10) of this
section describe criteria for removing the TPPU designation from a
process unit.
(1) Initial Determination. The owner or operator shall initially
determine if a process unit is subject to the provisions of this
subpart based on the primary product of the process unit in accordance
with paragraphs (f)(1)(i) through (iii) of this section. If the process
unit never uses or manufactures any organic HAP, regardless of the
outcome of the primary product determination, the only requirements of
this subpart that might apply to the process unit are contained in
paragraph (b) of this section. If a flexible operation unit does not
use or manufacture any organic HAP during the manufacture of one or
more products, paragraph (f)(5)(i) of this section applies to that
flexible operation unit.
(i) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
(ii) If a process unit produces more than one intended product at
the same time, the primary product shall be determined in accordance
with paragraph (f)(1)(ii)(A) or (B) of this section.
(A) The product for which the process unit has the greatest annual
design capacity on a mass basis shall represent the primary product of
the process unit, or
(B) If a process unit has the same maximum annual design capacity
on a mass basis for two or more products, and if one of those products
is a thermoplastic product, then the thermoplastic product shall
represent the primary product of the process unit.
(iii) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (f)(1)(iii)(A) or (B) of this section based on the
anticipated operations for the 5 years following September 12, 1996 at
existing process units, or for the first year after the process unit
begins production of any product for new process units. If operations
cannot be anticipated sufficiently to allow the determination of the
primary product for the specified period, applicability shall be
determined in accordance with paragraph (f)(2) of this section.
(A) If the flexible operation unit will manufacture one product for
the greatest operating time over the specified five year period for
existing process units, or the specified one year period for new
process units, then that product shall represent the primary product of
the flexible operation unit.
(B) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest expected production on a mass basis over the specified five
year period for existing process units, or the specified one year
period for new process units shall represent the primary product of the
flexible operation unit.
(iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this
section, the primary product of a process unit is a thermoplastic
product, then that process unit shall be designated as a TPPU. That
TPPU and associated equipment, as listed in paragraph (a)(4) of this
section is either an affected source or part of an affected source
comprised of other TPPU and associated equipment, as listed in
paragraph (a)(4) of this section, subject to this subpart with the same
primary product at the same plant site that is a major source. If the
primary product of a process unit is determined to be a product that is
not a thermoplastic product, then that process unit is not a TPPU.
(2) If the primary product cannot be determined for a flexible
operation unit in accordance with paragraph (f)(1)(iii) of this
section, applicability shall be determined in accordance with this
paragraph.
(i) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, but can
determine that a thermoplastic product is not the primary product, then
that flexible operation unit is not a TPPU.
(ii) If the owner or operator cannot determine the primary product
in accordance with paragraph (f)(1)(iii) of this section, and cannot
determine that a thermoplastic product is not the primary product as
specified in paragraph (f)(2)(i) of this section, applicability shall
be determined in accordance with paragraph (f)(2)(ii)(A) or
(f)(2)(ii)(B) of this section.
(A) If the flexible operation unit is an existing process unit, the
flexible operation unit shall be designated as a TPPU if a
thermoplastic product was produced for 5 percent or greater of the
total operating time of the flexible operating unit since March 9,
1999. That TPPU and associated equipment, as listed in paragraph (a)(4)
of this section, is either an affected source, or part of an affected
source comprised of other TPPU and associated equipment, as listed in
paragraph (a)(4) of this section, subject to this subpart with the same
primary product at the same plant site that is a major source. For a
flexible operation unit that is designated as an TPPU in accordance
with this
[[Page 11658]]
paragraph, the thermoplastic product produced for the greatest amount
of time since March 9, 1999 shall be designated as the primary product
of the TPPU.
(B) If the flexible operation unit is a new process unit, the
flexible operation unit shall be designated as a TPPU if the owner or
operator anticipates that a thermoplastic product will be manufactured
in the flexible operation unit at any time in the first year after the
date the unit begins production of any product. That TPPU and
associated equipment, as listed in paragraph (a)(4) of this section, is
either an affected source, or part of an affected source comprised of
other TPPU and associated equipment, as listed in paragraph (a)(4) of
this section, subject to this subpart with the same primary product at
the same plant site that is a major source. For a process unit that is
designated as a TPPU in accordance with this paragraph, the
thermoplastic product that will be produced shall be designated as the
primary product of the TPPU. If more than one thermoplastic product
will be produced, the owner or operator may select which thermoplastic
product is designated as the primary product.
(3) Annual applicability determination for non-TPPUs that have
produced a thermoplastic product. Once per year beginning September 12,
2001, the owner or operator of each flexible operation unit that is not
designated as a TPPU, but that has produced a thermoplastic product at
any time in the preceding five-year period or since the date that the
unit began production of any product, whichever is shorter, shall
perform the evaluation described in paragraphs (f)(3)(i) through
(f)(3)(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time over which the product was produced during the preceding five-year
period.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
preceding five-year period.
(iii) If the primary product identified in paragraph (f)(3)(ii) is
a thermoplastic product, the flexible operation unit shall be
designated as a TPPU. The owner or operator shall notify the
Administrator no later than 45 days after determining that the flexible
operation unit is a TPPU, and shall comply with the requirements of
this subpart in accordance with paragraph (i)(1) of this section for
the flexible operation unit.
(4) Applicability determination for non-TPPUs that have not
produced a thermoplastic product. The owner or operator that
anticipates the production of a thermoplastic product in a process unit
that is not designated as a TPPU, and in which no thermoplastic
products have been produced in the previous 5 year period or since the
date that the process unit began production of any product, whichever
is shorter, shall determine if the process unit is subject to this
subpart in accordance with paragraphs (f)(4)(i) and (ii) of this
section. Also, owners or operators who have notified the Administrator
that a process unit is not a TPPU in accordance with paragraph (f)(9)
of this section, that now anticipate the production of a thermoplastic
product in the process unit, shall determine if the process unit is
subject to this subpart in accordance with paragraphs (f)(4)(i) and
(ii) of this section.
(i) The owner or operator shall use the procedures in paragraph
(f)(1) or (f)(2) of this section to determine if the process unit is
designated as a TPPU, with the following exception: for existing
process units that are determining the primary product in accordance
with paragraph (f)(1)(iii) of this section, or that are determining
applicability in accordance with paragraph (f)(2) of this section,
production shall be projected for the five years following the date
that the owner or operator anticipates initiating the production of a
thermoplastic product, instead of the five years following September
12, 1996.
(ii) If the unit is designated as a TPPU in accordance with
paragraph (f)(4)(i) of this section, the owner or operator shall comply
in accordance with paragraph (i)(1) of this section.
(5) Compliance for flexible operation units. Owners or operators of
TPPUs that are flexible operation units shall comply with the standards
specified for the primary product, with the exceptions provided in
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
(i) Whenever a flexible operation unit manufactures a product in
which no organic HAP is used or manufactured, the owner or operator is
only required to comply with either paragraph (b)(1) or (b)(2) of this
section to demonstrate compliance for activities associated with the
manufacture of that product. This subpart does not require compliance
with the provisions of subpart A of this part for activities associated
with the manufacture of a product that meets the criteria of paragraph
(b) of this section.
(ii) Whenever a flexible operation unit manufactures a product that
makes it subject to subpart GGG of this part, the owner or operator is
not required to comply with the provisions of this subpart during the
production of that product.
(6) Owners or operators of TPPUs that are flexible operation units
have the option of determining the group status of each emission point
associated with the flexible operation unit, in accordance with either
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception
of batch process vents. For batch process vents, the owner or operator
shall determine the group status in accordance with Sec. 63.1323.
(i) The owner or operator may determine the group status of each
emission point based on emission point characteristics when the primary
product is being manufactured. The criteria that shall be used for this
group determination are the Group 1 criteria specified for the primary
product.
(ii) The owner or operator may determine the group status of each
emission point separately for each product produced by the flexible
operation unit. For each product, the group status shall be determined
using the emission point characteristics when that product is being
manufactured and using the Group 1 criteria specified for the primary
product. (Note: Under this scenario, it is possible that the group
status, and therefore the requirement to achieve emission reductions,
for an emission point may change depending on the product being
manufactured.)
(7) Owners or operators determining the group status of emission
points in flexible operation units based solely on the primary product
in accordance with paragraph (f)(6)(i) of this section shall establish
parameter monitoring levels, as required, in accordance with either
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators
determining the group status of emission points in flexible operation
units based on each product in accordance with paragraph (f)(6)(ii) of
this section shall establish parameter monitoring levels, as required,
in accordance with paragraph (f)(7)(i) of this section.
(i) Establish separate parameter monitoring levels in accordance
with Sec. 63.1334(a) for each individual product.
(ii) Establish a single parameter monitoring level (for each
parameter required to be monitored at each device subject to monitoring
requirements) in accordance with Sec. 63.1334(a) that would apply for
all products.
(8) Reporting requirements. When it is determined that a process
unit is a TPPU and subject to the requirements of this subpart, the
Notification of
[[Page 11659]]
Compliance Status required by Sec. 63.1335(e)(5) shall include the
information specified in paragraphs (f)(8)(i) and (f)(8)(ii) of this
section, as applicable. If it is determined that the process unit is
not subject to this subpart, the owner or operator shall either retain
all information, data, and analysis used to document the basis for the
determination that the primary product is not a thermoplastic product,
or, when requested by the Administrator, demonstrate that the process
unit is not subject to this subpart.
(i) If the TPPU manufactures only one thermoplastic product,
identification of that thermoplastic product.
(ii) If the TPPU is designed and operated as a flexible operation
unit, the information specified in paragraphs (f)(8)(ii)(A) through
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
(A) If a primary product could be determined, identification of the
primary product.
(B) Identification of which compliance option, either paragraph
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner
or operator.
(C) If the option to establish separate parameter monitoring levels
for each product in paragraph (f)(7)(i) of this section is selected,
the identification of each product and the corresponding parameter
monitoring level.
(D) If the option to establish a single parameter monitor level in
paragraph (f)(7)(ii) of this section is selected, the parameter
monitoring level for each parameter.
(9) TPPUs terminating production of all thermoplastic products. If
a TPPU terminates the production of all thermoplastic products and does
not anticipate the production of any thermoplastic products in the
future, the process unit is no longer a TPPU and is not subject to this
subpart after notification is made to the Administrator. This
notification shall be accompanied by a rationale for why it is
anticipated that no thermoplastic products will be produced in the
process unit in the future.
(10) Redetermination of applicability to TPPUs that are flexible
operation units. Whenever changes in production occur that could
reasonably be expected to change the primary product of a TPPU that is
operating as a flexible operation unit from a thermoplastic product to
a product that would make the process unit subject to another subpart
of this part, the owner or operator shall re-evaluate the status of the
process unit as a TPPU in accordance with paragraphs (f)(10)(i) through
(iii) of this section.
(i) For each product produced in the flexible operation unit, the
owner or operator shall calculate the percentage of total operating
time in which the product was produced for the preceding five-year
period, or since the date that the process unit began production of any
product, whichever is shorter.
(ii) The owner or operator shall identify the primary product as
the product with the highest percentage of total operating time for the
period.
(iii) If the conditions in (f)(10)(iii)(A) through (C) of this
section are met, the flexible operation unit shall no longer be
designated as a TPPU and shall no longer be subject to the provisions
of this subpart after the date that the process unit is required to be
in compliance with the provisions of the other subpart of this part to
which it is subject. If the conditions in paragraphs (f)(10)(iii)(A)
through (C) of this section are not met, the flexible operation unit
shall continue to be considered a TPPU and subject to the requirements
of this subpart.
(A) The product identified in (f)(10)(ii) of this section is not a
thermoplastic product; and
(B) The production of the product identified in (f)(10)(ii) of this
section is subject to another subpart of this part; and
(C) The owner or operator submits a notification to the
Administrator of the pending change in applicability.
(g) Storage vessel ownership determination. The owner or operator
shall follow the procedures specified in paragraphs (g)(1) through
(g)(7) of this section to determine to which process unit a storage
vessel shall be assigned. Paragraph (g)(8) of this section specifies
when an owner or operator is required to redetermine to which process
unit a storage vessel is assigned.
(1) If a storage vessel is already subject to another subpart of 40
CFR part 63 on September 12, 1996, said storage vessel shall be
assigned to the process unit subject to the other subpart.
(2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall be assigned to that process unit.
(3) If a storage vessel is shared among process units, then the
storage vessel shall be assigned to that process unit located on the
same plant site as the storage vessel that has the greatest input into
or output from the storage vessel (i.e., said process unit has the
predominant use of the storage vessel).
(4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is a TPPU subject to this subpart, the storage vessel shall be
assigned to said TPPU.
* * * * *
(6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding September 12, 1996 or based on
the expected utilization for the 5 years following September 12, 1996
for existing affected sources, whichever is more representative of the
expected operations for said storage vessel, and based on the expected
utilization for the first 5 years after initial start-up for new
affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.1335(e)(5)(vi).
(7) Where a storage vessel is located at a major source that
includes one or more process units which place material into, or
receive materials from the storage vessel, but the storage vessel is
located in a tank farm (including a marine tank farm), the
applicability of this subpart shall be determined according to the
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
(i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping both to the process unit and to the
storage vessel in the tank farm so that product or raw material
entering or leaving the process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from)
the storage vessel in the tank farm.
(ii) If there is no process unit at the major source that meets the
criteria of paragraph (g)(7)(i) of this section with respect to a
storage vessel, this subpart does not apply to the storage vessel.
(iii) If there is only one process unit at the major source that
meets the criteria of paragraph (g)(7)(i) of this section with respect
to a storage vessel, the storage vessel shall be assigned to that
process unit.
(iv) If there are two or more process units at the major source
that meet the criteria of paragraph (g)(7)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to
one of those process units according to the provisions of paragraphs
(g)(3) through (g)(6) of this section. The predominant use shall be
determined among only those process units that
[[Page 11660]]
meet the criteria of paragraph (g)(7)(i) of this section.
(8) If the storage vessel begins receiving material from (or
sending material to) a process unit that was not included in the
initial determination, or ceases to receive material from (or send
material to) a process unit, the owner or operator shall re-evaluate
the applicability of this subpart to the storage vessel.
(h) Recovery operations equipment ownership determination. The
owner or operator shall follow the procedures specified in paragraphs
(h)(1) through (h)(6) of this section to determine to which process
unit recovery operations equipment shall be assigned. Paragraph (h)(7)
of this section specifies when an owner or operator is required to
redetermine to which process unit the recovery operations equipment is
assigned.
(1) If recovery operations equipment is already subject to another
subpart of 40 CFR part 63 on September 12, 1996, said recovery
operations equipment shall be assigned to the process unit subject to
the other subpart.
(2) If recovery operations equipment is dedicated to a single
process unit, the recovery operations equipment shall be assigned to
that process unit.
(3) If recovery operations equipment is shared among process units,
then the recovery operations equipment shall be assigned to that
process unit located on the same plant site as the recovery operations
equipment that has the greatest input into or output from the recovery
operations equipment (i.e., said process unit has the predominant use
of the recovery operations equipment).
(4) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if one of those
process units is a TPPU subject to this subpart, the recovery
operations equipment shall be assigned to said TPPU.
(5) If predominant use cannot be determined for recovery operations
equipment that is shared among process units and if more than one of
the process units are TPPUs that have different primary products and
that are subject to this subpart, then the owner or operator shall
assign the recovery operations equipment to any one of said TPPUs.
(6) If the predominant use of recovery operations equipment varies
from year to year, then predominant use shall be determined based on
the utilization that occurred during the year preceding September 12,
1996 or based on the expected utilization for the 5 years following
September 12, 1996 for existing affected sources, whichever is the more
representative of the expected operations for said recovery operations
equipment, and based on the first 5 years after initial start-up for
new affected sources. The determination of predominant use shall be
reported in the Notification of Compliance Status, as required by
Sec. 63.1335(e)(5)(vii).
(7) If a piece of recovery operations equipment begins receiving
material from a process unit that was not included in the initial
determination, or ceases to receive material from a process unit that
was included in the initial determination, the owner or operator shall
reevaluate the applicability of this subpart to that recovery
operations equipment.
(i) Changes or additions to plant sites. The provisions of
paragraphs (i)(1) through (i)(4) of this section apply to owners or
operators that change or add to their plant site or affected source.
Paragraph (i)(5) of this section provides examples of what are and are
not considered process changes for purposes of this paragraph (i) of
this section. Paragraph (i)(6) of this section discusses reporting
requirements.
(1) Adding a TPPU to a plant site. The provisions of paragraphs
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators
that add one or more TPPUs to a plant site.
(i) If a group of one or more TPPUs that produce the same primary
product is added to a plant site, the group of one or more TPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall be a new affected source and shall comply with the requirements
for a new affected source in this subpart upon initial start-up or by
February 27, 1998, whichever is later, if the criteria specified in
either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section are met,
and the criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of
this section are met:
(A) The construction of the group of one or more TPPUs commenced
after March 29, 1995.
(B) The construction or reconstruction, for process units that have
become TPPUs, commenced after March 29, 1995.
(C) The group of one or more TPPUs and associated equipment, as
listed in paragraph (a)(4) of this section, has the potential to emit
10 tons per year or more of any HAP or 25 tons per year or more of any
combination of HAP, and the primary product of the group of one or more
TPPUs is currently produced at the plant site as the primary product of
an affected source; or
(D) The primary product of the group of one or more TPPUs is not
currently produced at the plant site as the primary product of an
affected source and the plant site meets, or after the addition of the
group of one or more TPPUs and associated equipment, as listed in
paragraph (a)(4) of this section, will meet the definition of a major
source.
(ii) If a group of one or more TPPUs that produce the same primary
product is added to a plant site, and the group of one or more TPPUs
does not meet the criteria specified in paragraph (i)(1)(i) of this
section, and the plant site meets, or after the addition will meet, the
definition of a major source, the group of one or more TPPUs and
associated equipment, as listed in paragraph (a)(4) of this section,
shall comply with the requirements for an existing affected source in
this subpart upon initial start-up; by September 12, 1999; or by 6
months after notifying the Administrator that a process unit has been
designated as a TPPU (in accordance with paragraph (f)(3)(iii) of this
section), whichever is later.
(2) * * *
(i) If any process change or addition is made to an existing
affected source and said process change or addition meets the criteria
specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this
section, the affected source shall be a new affected source and shall
be subject to the requirements for a new affected source in this
subpart upon initial start-up or by February 27, 1998, whichever is
later.
(A) It is a process change or addition that meets the definition of
reconstruction in Sec. 63.1312(b); and
* * * * *
(ii) If any process change is made that results in one or more
Group 1 emission points (i.e., either newly created Group 1 emission
points or emission points that change group status from Group 2 to
Group 1); if any process change is made that results in baseline
emissions (i.e., emissions prior to applying controls for purposes of
complying with this rule) from continuous process vents in the
collection of material recovery sections within the affected source at
an existing affected source producing PET using a continuous dimethyl
terephthalate process changing from less than or equal to 0.12 kg
organic HAP per Mg of product to greater than 0.12 kg organic HAP per
Mg of product; or if any other emission point(s) is added to an
existing affected source (i.e., Group 2 emission point(s) or equipment
leak components subject to Sec. 63.1331) and the process change or
addition does not meet the criteria specified in paragraphs
(i)(2)(i)(A) through (i)(2)(i)(B) of this section, the resulting
emission point(s)
[[Page 11661]]
shall be subject to the requirements for an existing affected source in
this subpart. The emission point(s) shall be in compliance upon initial
start-up or by the appropriate compliance date specified in
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak
components subject to Sec. 63.1331 and September 12, 1999 for emission
points other than equipment leaks), whichever is later.
(3) Existing affected source requirements for surge control vessels
and bottoms receivers that become subject to subpart H requirements. If
a process change or addition of an emission point causes a surge
control vessel or bottoms receiver to become subject to Sec. 63.170
under this paragraph (i), the owner or operator shall be in compliance
upon initial start-up or by September 12, 1999, whichever is later.
(4) Existing affected source requirements for compressors that
become subject to the requirements of subpart H of this part. If a
process change or the addition of an emission point causes a compressor
to become subject to Sec. 63.164 under this paragraph (i), the owner or
operator shall be in compliance upon initial start-up or by the
compliance date for that compressor as specified in Sec. 63.1311(d)(1)
through (d)(4), whichever is later.
(5) Determining what are and are not process changes. For purposes
of paragraph (i) of this section, examples of process changes include,
but are not limited to, changes in feedstock type, or catalyst type, or
whenever there is a replacement, removal, or addition of recovery
equipment, or changes that increase production capacity. For purposes
of paragraph (i) of this section, process changes do not include:
process upsets, unintentional temporary process changes, and changes
that are within the equipment configuration and operating conditions
documented in the Notification of Compliance Status report required by
Sec. 63.1335(e)(5).
(6) Reporting requirements for owners or operators that change or
add to their plant site or affected source. Owners or operators that
change or add to their plant site or affected source, as discussed in
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as
specified in Sec. 63.1335(e)(7)(iv).
(j) Applicability of this subpart during periods of start-up,
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through
(j)(4) of this section shall be followed during periods of start-up,
shutdown, malfunction, or non-operation of the affected source or any
part thereof.
(1) The emission limitations set forth in this subpart and the
emission limitations referred to in this subpart shall apply at all
times except during periods of non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. The emission limitations of this subpart
and the emission limitations referred to in this subpart shall not
apply during periods of start-up, shutdown, or malfunction. During
periods of start-up, shutdown, or malfunction, the owner or operator
shall follow the applicable provisions of the start-up, shutdown, and
malfunction plan required by Sec. 63.6(e)(3). However, if a start-up,
shutdown, malfunction, or period of non-operation of one portion of an
affected source does not affect the ability of a particular emission
point to comply with the emission limitations to which it is subject,
then that emission point shall still be required to comply with the
applicable emission limitations of this subpart during the start-up,
shutdown, malfunction, or period of non-operation. For example, if
there is an overpressure in the reactor area, a storage vessel that is
part of the affected source would still be required to be controlled in
accordance with the emission limitations in Sec. 63.1314. Similarly,
the degassing of a storage vessel would not affect the ability of a
batch process vent to meet the emission limitations of Secs. 63.1321
through 63.1327.
(2) The emission limitations set forth in subpart H of this part,
as referred to in Sec. 63.1331, shall apply at all times except during
periods of non-operation of the affected source (or specific portion
thereof) in which the lines are drained and depressurized resulting in
cessation of the emissions to which Sec. 63.1331 applies, or during
periods of start-up, shutdown, malfunction, or process unit shutdown
(as defined in Sec. 63.161).
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
periods of start-up, shutdown, or malfunction during times when
emissions (or, where applicable, wastewater streams or residuals) are
being routed to such items of equipment, if the shutdown would
contravene requirements of this subpart applicable to such items of
equipment. This paragraph (j)(3) does not apply if the item of
equipment is malfunctioning. This paragraph also does not apply if the
owner or operator shuts down the compliance equipment (other than
monitoring systems) to avoid damage due to a contemporaneous start-up,
shutdown, or malfunction of the affected source or portion thereof. If
the owner or operator has reason to believe that monitoring equipment
would be damaged due to a contemporaneous start-up, shutdown, or
malfunction of the affected source or portion thereof, the owner or
operator shall provide documentation supporting such a claim in the
Precompliance Report or in a supplement to the Precompliance Report, as
provided in Sec. 63.1335(e)(3). Once approved by the Administrator in
accordance with Sec. 63.1335(e)(3)(viii), the provision for ceasing to
collect, during a start-up, shutdown, or malfunction, monitoring data
that would otherwise be required by the provisions of this subpart must
be incorporated into the start-up, shutdown, malfunction plan for that
affected source, as stated in Sec. 63.1335(b)(1).
(4) During start-ups, shutdowns, and malfunctions when the emission
limitations of this subpart do not apply pursuant to paragraphs (j)(1)
through (j)(3) of this section, the owner or operator shall implement,
to the extent reasonably available, measures to prevent or minimize
excess emissions to the extent practical. For purposes of this
paragraph, the term ``excess emissions'' means emissions in excess of
those that would have occurred if there were no start-up, shutdown, or
malfunction and the owner or operator complied with the relevant
provisions of this subpart. The measures to be taken shall be
identified in the applicable start-up, shutdown, and malfunction plan,
and may include, but are not limited to, air pollution control
technologies, recovery technologies, work practices, pollution
prevention, monitoring, and/or changes in the manner of operation of
the affected source. Back-up control devices are not required, but may
be used if available.
30. Section 63.1311 is amended by:
a. Revising the section title and paragraphs (a), (d) introductory
text, (d)(1) introductory text, (d)(2), (d)(3), and (d)(5), (e)
introductory text, (h), (i)(1), (j), (l) and (m); and
b. Adding paragraph (d)(6), (e)(3), (i)(3), (n), and (o), to read
as follows:
Sec. 63.1311 Compliance dates and relationship of this subpart to
existing applicable rules.
(a) Affected sources are required to achieve compliance on or
before the dates specified in paragraphs (b) through (d) of this
section. Paragraph (e) of this section provides information on
requesting compliance extensions. Paragraphs (f) through (n) of this
section discuss the relationship of this subpart to subpart A of this
part and to other applicable rules. Where an override of
[[Page 11662]]
another authority of the Act is indicated in this subpart, only
compliance with the provisions of this subpart is required. Paragraph
(o) of this section specifies the meaning of time periods.
* * * * *
(d) Except as provided for in paragraphs (d)(1) through (d)(6) of
this section, existing affected sources shall be in compliance with
Sec. 63.1331 no later than February 27, 1998 unless an extension has
been granted pursuant to paragraph (e) of this section.
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than February 27, 1998 for any compressor meeting one or
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this
section, if the work can be accomplished without a process unit
shutdown:
* * * * *
(2) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than March 12, 1998 for any compressor meeting all the
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section:
(i) The compressor meets one or more of the criteria specified in
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
(ii) The work can be accomplished without a process unit shutdown;
(iii) The additional time is actually necessary due to the
unavailability of parts beyond the control of the owner or operator;
and
(iv) The owner or operator submits the request for a compliance
extension to the appropriate Environmental Protection Agency (EPA)
Regional Office at the address listed in Sec. 63.13 no later than June
16, 1997. The request for a compliance extension shall contain the
information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D). Unless
the EPA Regional Office objects to the request for a compliance
extension within 30 days after receipt of the request, the request
shall be deemed approved.
(3) If compliance with the compressor provisions of Sec. 63.164
cannot reasonably be achieved without a process unit shutdown, the
owner or operator shall achieve compliance no later than September 12,
1998. The owner or operator who elects to use this provision shall
submit a request for a compliance extension in accordance with the
requirements of paragraph (d)(2)(iv) of this section.
* * * * *
(5) Compliance with the provisions of Sec. 63.170 shall occur no
later than September 12, 1999.
(6) Notwithstanding paragraphs (d)(1) through (d)(5) of this
section, existing affected sources whose primary product, as determined
using the procedures specified in Sec. 63.1310(f), is PET shall be in
compliance with Sec. 63.1331 no later than September 12, 1999.
(e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing the existing affected source
up to 1 additional year to comply with section 112(d) standards. For
purposes of this subpart, a request for an extension shall be submitted
to the permitting authority as part of the operating permit application
or to the Administrator as a separate submittal or as part of the
Precompliance Report. Requests for extensions shall be submitted no
later than 120 days prior to the compliance dates specified in
paragraphs (b) through (d) of this section, except as provided in
paragraph (e)(3) of this section. The dates specified in Sec. 63.6(i)
for submittal of requests for extensions shall not apply to this
subpart.
* * * * *
(3) An owner or operator may submit a compliance extension request
after the date specified in paragraph (e) of this section, provided
that the need for the compliance extension arose after that date, and
the need arose due to circumstances beyond reasonable control of the
owner or operator. This request shall include, in addition to the
information specified in paragraph (e)(1) of this section, a statement
of the reasons additional time is needed and the date when the owner or
operator first learned of the circumstances necessitating a request for
compliance extension under this paragraph (e)(3).
* * * * *
(h) After the compliance dates specified in this section, a storage
vessel that is assigned to an affected source subject to this subpart
and that is also subject to the provisions of 40 CFR part 60, subpart
Kb, is required to comply only with the provisions of this subpart.
After the compliance dates specified in this section, said storage
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
(i)(1) Except as provided in paragraphs (i)(2) and (i)(3) of this
section, after the compliance dates specified in this section, affected
sources producing PET using a continuous terephthalic acid process,
producing PET using a continuous dimethyl terephthalate process, or
producing polystyrene resin using a continuous process subject to this
subpart that are also subject to the provisions of 40 CFR part 60,
subpart DDD, are required to comply only with the provisions of this
subpart. After the compliance dates specified in this section, said
sources shall no longer be subject to 40 CFR part 60, subpart DDD.
* * * * *
(3) Existing affected sources producing PET using a continuous
terephthalic acid process, but not using a continuous terephthalic acid
high viscosity multiple end finisher process, that are subject to and
complying with 40 CFR 60.562-1(c)(2)(ii)(B) shall continue to comply
with said section. Existing affected sources producing PET using a
continuous dimethyl terephthalic process that are subject to and
complying with 40 CFR 60.562-1(c)(1)(ii)(B) shall continue to comply
with said section.
(j) Owners or operators of affected sources subject to this subpart
that are also subject to the provisions of subpart Q of this part shall
comply with both subparts.
* * * * *
(l) After the compliance dates specified in this section, a
distillation operation that is assigned to an affected source subject
to this subpart that is also subject to the provisions of 40 CFR part
60, subpart NNN, is required to comply only with the provisions of this
subpart. After the compliance dates specified in this section, the
distillation operation shall no longer be subject to 40 CFR part 60,
subpart NNN.
(m) Applicability of other regulations for monitoring,
recordkeeping or reporting with respect to combustion devices, recovery
devices, or recapture devices. After the compliance dates specified in
this subpart, if any combustion device, recovery device or recapture
device subject to this subpart is also subject to monitoring,
recordkeeping, and reporting requirements in 40 CFR part 264 subpart AA
or CC, or is subject to monitoring and recordkeeping requirements in 40
CFR part 265 subpart AA or CC and the owner or operator complies with
the periodic reporting requirements under 40 CFR part 264 subpart AA or
CC that would apply to the device if the facility had final-permitted
status, the owner or operator may elect to comply either with the
monitoring, recordkeeping and reporting requirements of this subpart,
or with the monitoring, recordkeeping and reporting requirements in 40
CFR parts 264 and/or 265, as described in this paragraph, which shall
constitute compliance with the monitoring, recordkeeping and reporting
requirements of this subpart. The owner or operator shall identify
which option has been selected in the Notification of Compliance Status
required by Sec. 63.1335(e)(5).
[[Page 11663]]
(n) Applicability of other requirements for heat exchange systems
or waste management units. Paragraphs (n)(1) and (n)(2) of this section
address instances in which certain requirements from other regulations
also apply for the same heat exchange system(s) or waste management
unit(s) that are subject to this subpart.
(1) After the applicable compliance date specified in this subpart,
if a heat exchange system subject to this subpart is also subject to a
standard identified in paragraphs (n)(1)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraphs (n)(1)(i) or (ii) of this section shall constitute
compliance with the applicable provisions of this subpart with respect
to that heat exchange system.
(i) Subpart F of this part.
(ii) A subpart of this part which requires compliance with
Sec. 63.104 of subpart F of this part (e.g., subpart U of this part).
(2) After the applicable compliance date specified in this subpart,
if any waste management unit subject to this subpart is also subject to
a standard identified in paragraph (n)(2)(i) or (ii) of this section,
compliance with the applicable provisions of the standard identified in
paragraph (n)(2)(i) or (ii) of this section shall constitute compliance
with the applicable provisions of this subpart with respect to that
waste management unit.
(i) Subpart G of this part.
(ii) A subpart of this part which requires compliance with
Secs. 63.132 through 63.147 of subpart G of this part (e.g., subpart U
of this part).
(o) All terms in this subpart that define a period of time for
completion of required tasks (e.g., weekly, monthly, quarterly,
annual), unless specified otherwise in the section or paragraph that
imposes the requirement, refer to the standard calendar periods.
(1) Notwithstanding time periods specified in this subpart for
completion of required tasks, such time periods may be changed by
mutual agreement between the owner or operator and the Administrator,
as specified in subpart A of this part (e.g., a period could begin on
the compliance date or another date, rather than on the first day of
the standard calendar period). For each time period that is changed by
agreement, the revised period shall remain in effect until it is
changed. A new request is not necessary for each recurring period.
(2) Where the period specified for compliance is a standard
calendar period, if the initial compliance date occurs after the
beginning of the period, compliance shall be required according to the
schedule specified in paragraphs (o)(2)(i) or (o)(2)(ii) of this
section, as appropriate.
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 3 days for tasks that must be performed weekly, at
least 2 weeks for tasks that must be performed monthly, at least 1
month for tasks that must be performed each quarter, or at least 3
months for tasks that must be performed annually; or
(ii) In all other cases, compliance shall be required before the
end of the first full standard calendar period after the period within
which the initial compliance deadline occurs.
(3) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during the
specified period, provided that the task is conducted at a reasonable
interval after completion of the task during the previous period.
31. Section 63.1312 is amended:
a. By revising paragraph (a) and the definitions for
``Acrylonitrile butadiene styrene latex resin (ABS latex),''
``Aggregate batch vent stream,'' ``Batch process,'' ``Batch process
vent,'' ``Batch unit operation,'' ``Continuous process,'' ``Continuous
process vent,'' ``Continuous unit operation,'' ``Control device,''
``Emission point,'' ``Emulsion process,'' ``Group 1 batch process
vent,'' ``Group 1 wastewater stream,'' ``Heat exchange system,''
``Maintenance wastewater,'' ``Mass process,'' ``Material recovery
section,'' ``Organic hazardous air pollutant(s) (organic HAP),''
``Polymerization reaction section,'' ``Process unit,'' ``Process
vent,'' ``Product,'' ``Raw materials preparation section,'' ``Recovery
operations equipment,'' ``Steady-state conditions,'' ``Storage
vessel,'' ``Suspension process,'' and ``Thermoplastic product process
unit (TPPU),'';
b. By removing the definitions of ``Average flow rate,'' ``Batch
cycle limitation,'' ``Solid state polymerization unit,'' and ``Year,'';
and
c. By adding definitions for the terms ``Annual average batch vent
concentration,'' ``Annual average batch vent flow rate,'' ``Annual
average concentration,'' ``Annual average flow rate,'' ``Average batch
vent concentration,'' ``Average batch vent flow rate,'' ``Batch mass
input limitation,'' ``Batch mode,'' ``Combined vent stream,''
``Construction,'' ``Continuous mode,'' ``Continuous record,''
``Continuous recorder,'' ``Equipment,'' ``Existing affected source,''
``Existing process unit,'' ``Flexible operation unit,'' ``Highest-HAP
recipe,'' ``Initial start-up,'' ``Maximum true vapor pressure,''
``Multicomponent system,'' ``Net positive heating value,'' ``New
affected source,'' ``New process unit,'' ``On-site or On site,''
``Operating day,'' ``Recipe,'' ``Reconstruction,'' ``Recovery device,''
``Residual,'' ``Shutdown,'' ``Solid state polymerization process,''
``Start-up,'' ``Total resource effectiveness index value or TRE index
value,'' ``Vent stream,'' ``Waste management unit,'' ``Wastewater,''
and ``Wastewater stream,'' to read as follows:
Sec. 63.1312 Definitions.
(a) The following terms used in this subpart shall have the meaning
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or the
Act, as specified after each term:
Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
First attempt at repair (Sec. 63.111)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Impurity (Sec. 63.101)
In organic hazardous air pollutant service or in organic HAP service
(Sec. 63.161)
Incinerator (Sec. 63.111)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
[[Page 11664]]
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
(b) * * *
Acrylonitrile butadiene styrene latex resin (ABS latex) means ABS
produced through an emulsion process; however, the product is not
coagulated or dried as typically occurs in an emulsion process.
* * * * *
Aggregate batch vent stream means a gaseous emission stream
containing only the exhausts from two or more batch process vents that
are ducted, hardpiped, or otherwise connected together for a continuous
flow .
* * * * *
Annual average batch vent concentration is determined using
Equation 1, as described in Sec. 63.1323(h)(2) for halogenated
compounds.
Annual average batch vent flow rate is determined by the procedures
in Sec. 63.1323(e)(3).
Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b), with the
exceptions noted in Sec. 63.1330, for the purposes of this subpart.
Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c), with the exceptions noted in
Sec. 63.1330, for the purposes of this subpart.
Average batch vent concentration is determined by the procedures in
Sec. 63.1323(b)(5)(iii) for HAP concentrations and is determined by the
procedures in Sec. 63.1323(h)(1)(iii) for organic compounds containing
halogens and hydrogen halides.
Average batch vent flow rate is determined by the procedures in
Sec. 63.1323 (e)(1) and (e)(2).
* * * * *
Batch mass input limitation means an enforceable restriction on the
total mass of HAP or material that can be input to a batch unit
operation in one year.
Batch mode means the discontinuous bulk movement of material
through a unit operation. Mass, temperature, concentration, and other
properties may vary with time. For a unit operation operated in a batch
mode (i.e., batch unit operation), the addition of material and
withdrawal of material do not typically occur simultaneously.
Batch process means, for the purposes of this subpart, a process
where the reactor(s) is operated in a batch mode.
Batch process vent means a process vent with annual organic HAP
emissions greater than 225 kilograms per year from a batch unit
operation within an affected source. Annual organic HAP emissions are
determined as specified in Sec. 63.488(b) at the location specified in
Sec. 63.1323(a)(2).
Batch unit operation means a unit operation operated in a batch
mode.
Combined vent stream, as used in reference to batch process vents,
continuous process vents, and aggregate batch vent streams, means the
emissions from a combination of two or more of the aforementioned types
of process vents. The primary occurrence of a combined vent stream is
the combined emissions from a continuous process vent and a batch
process vent.
* * * * *
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction also means the on-site
fabrication, erection, or installation of a process unit or combination
of process units which subsequently becomes an affected source or part
of an affected source, due to a change in primary product.
Continuous mode means the continuous movement of material through a
unit operation. Mass, temperature, concentration, and other properties
typically approach steady-state conditions. For a unit operation
operated in a continuous mode (i.e., continuous unit operation), the
simultaneous addition of raw material and withdrawal of product is
typical.
Continuous process means, for the purposes of this subpart, a
process where the reactor(s) is operated in a continuous mode.
Continuous process vent means a process vent containing greater
than 0.005 weight percent total organic HAP from a continuous unit
operation within an affected source. The total organic HAP weight
percent is determined after the last recovery device, as described in
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c).
Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.1335(d) or
Sec. 63.1335(h).
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 1-hour or more frequent block average values.
Continuous unit operation means a unit operation operated in a
continuous mode.
Control device is defined in Sec. 63.111, except that the term
``continuous process vents subject to Sec. 63.1315'' shall apply
instead of the term ``process vents,'' for the purpose of this subpart.
* * * * *
Emission point means an individual continuous process vent, batch
process vent, storage vessel, waste management unit, equipment leak,
heat exchange system, or process contact cooling tower, or equipment
subject to Sec. 63.149.
Emulsion process means a process where the monomer(s) is dispersed
in droplets throughout the water phase with the aid of an emulsifying
agent such as soap or a synthetic emulsifier. The polymerization occurs
either within the emulsion droplet or in the aqueous phase.
Equipment means, for the purposes of the provisions in Sec. 63.1331
and the requirements in subpart H that are referred to in Sec. 63.1331,
each pump, compressor, agitator, pressure relief device, sampling
connection system, open-ended valve or line, valve, connector, surge
control vessel, bottoms receiver, and instrumentation system in organic
hazardous air pollutant service; and any control devices or systems
required by subpart H.
Existing affected source is defined in Sec. 63.1310(a)(3).
Existing process unit means any process unit that is not a new
process unit.
* * * * *
Flexible operation unit means a process unit that manufactures
different chemical products, polymers, or resins periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Group 1 batch process vent means a batch process vent releasing
annual organic HAP emissions greater than the level specified in
Sec. 63.1323(d) and with
[[Page 11665]]
a cutoff flow rate, calculated in accordance with Sec. 63.1323(f),
greater than or equal to the annual average batch vent flow rate.
Annual organic HAP emissions and annual average batch vent flow rate
are determined at the exit of the batch unit operation, as described in
Sec. 63.1323(a)(2). Annual organic HAP emissions are determined as
specified in Sec. 63.1323(b), and annual average batch vent flow rate
is determined as specified in Sec. 63.1323(e).
* * * * *
Group 1 wastewater stream means a wastewater stream consisting of
process wastewater from an existing or new affected source that meets
the criteria for Group 1 status in Sec. 63.132(c) and/or that meets the
criteria for Group 1 status in Sec. 63.132(d), with the exceptions
listed in Sec. 63.1330(b)(8) for the purposes of this subpart (i.e.,
for organic HAP listed on Table 6 of this subpart only).
* * * * *
Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water) designed and intended
to operate to not allow contact between the cooling medium and process
fluid or gases (i.e., a noncontact system). A heat exchange system can
include more than one heat exchanger and can include recirculating or
once-through cooling systems.
Highest-HAP recipe for a product means the recipe of the product
with the highest total mass of HAP charged to the reactor during the
production of a single batch of product.
Initial start-up means the first time a new or reconstructed
affected source begins production of a thermoplastic product, or, for
equipment added or changed as described in Sec. 63.1310(i), the first
time the equipment is put into operation to produce a thermoplastic
product. Initial start-up does not include operation solely for testing
equipment. Initial start-up does not include subsequent start-ups of an
affected source or portion thereof following malfunctions or shutdowns
or following changes in product for flexible operation units or
following recharging of equipment in batch operation. Further, for
purposes of Sec. 63.1311 and Sec. 63.1331, initial start-up does not
include subsequent start-ups of affected sources or portions thereof
following malfunctions or process unit shutdowns.
Maintenance wastewater is defined in Sec. 63.101, except that the
term ``thermoplastic product process unit'' shall apply wherever the
term ``chemical manufacturing process unit'' is used. Further, the
generation of wastewater from the routine rinsing or washing of
equipment in batch operation between batches is not maintenance
wastewater, but is considered to be process wastewater, for the
purposes of this subpart.
Mass process means a polymerization process carried out through the
use of thermal energy . Mass processes do not utilize emulsifying or
suspending agents, but may utilize catalysts or other additives.
Material recovery section means, for PET plants, the equipment that
recovers unreacted ethylene glycol or by-product methanol from any
process section for return to the TPPU, or sale, or the equipment that
separates materials containing unreacted ethylene glycol or by-product
methanol from any process section for off-site purification or
treatment with the intent to recover ethylene glycol and/or methanol
for reuse. For polystyrene plants, material recovery section means the
equipment that recovers unreacted styrene from any process section for
return to the TPPU or sale, or the equipment that separates materials
containing unreacted styrene from any process section for off-site
purification or treatment with the intent to recover styrene for reuse.
Equipment used to store recovered materials (i.e., ethylene glycol,
methanol, or styrene) is not included. Equipment designed to recover or
separate materials from the polymer product is to be included in this
process section, provided that at the time of initial compliance some
of the unreacted or by-product material is recovered for return to the
TPPU, or sale, or some of the separated material is sent for off-site
purification or treatment with the intent to recover the unreacted or
by-product material for reuse. Otherwise, such equipment is to be
assigned to one of the other process sections, as appropriate. If
equipment is used to recover unreacted or by-product material and
return it directly to the same piece of process equipment from which it
was emitted, then said recovery equipment is considered part of the
process section that contains the process equipment. On the other hand,
if equipment is used to recover unreacted or by-product material and
return it to a different piece of process equipment in the same process
section, said recovery equipment is considered part of a material
recovery section. Equipment used for the on-site recovery of ethylene
glycol from PET plants, however, is not included in the material
recovery section; such equipment is to be included in the
polymerization reaction section. Equipment used for the on-site
recovery of both ethylene glycol and any other materials from PET
plants is not included in the material recovery section; this equipment
is to be included in the polymerization reaction section.
Maximum true vapor pressure is defined in Sec. 63.111, except that
the terms ``transfer'' or ``transferred'' shall not apply for purposes
of this subpart.
* * * * *
Multicomponent system means, as used in conjunction with batch
process vents, a stream whose liquid and/or vapor contains more than
one compound.
Net positive heating value means the difference between the heat
value of the recovered chemical stream and the minimum heat value
required to ensure a stable flame in the combustion device, when the
heat value of the recovered chemical stream is less than the minimum
heat value required to ensure a stable flame. This difference must have
a positive value when used in the context of ``recovering chemicals for
fuel value'' (e.g., in the definition of ``recovery device'' in this
section).
New affected source is defined in Sec. 63.1310(a)(4).
New process unit means a process unit for which the construction or
reconstruction commenced after March 29, 1995.
* * * * *
On-site or On site means, with respect to records required to be
maintained by this subpart or required by another subpart referenced by
this subpart, that records are stored at a location within a major
source which encompasses the affected source. On-site includes, but is
not limited to, storage at the affected source or TPPU to which the
records pertain, or storage in central files elsewhere at the major
source.
Operating day means the period defined by the owner or operator in
the Notification of Compliance Status required by Sec. 63.1335(e)(5).
The operating day is the period for which daily average monitoring
values and batch cycle daily average monitoring values are determined.
Organic hazardous air pollutant(s) (organic HAP) means one or more
of the chemicals listed in Table 6 of this subpart or any other
chemical which is:
(1) Knowingly produced or introduced into the manufacturing process
other than as an impurity; and
(2) Listed in Table 2 of subpart F of this part.
* * * * *
Polymerization reaction section means the equipment designed to
cause monomer(s) to react to form polymers, including equipment
designed primarily to cause the formation of short polymer
[[Page 11666]]
chains (e.g., oligomers or low molecular weight polymers), but not
including equipment designed to prepare raw materials for
polymerization (e.g., esterification vessels). For the purposes of
these standards, the polymerization reaction section begins with the
equipment used to transfer the materials from the raw materials
preparation section and ends with the last vessel in which
polymerization occurs. Equipment used for the on-site recovery of
ethylene glycol from PET plants is included in this process section,
rather than in the material recovery process section.
* * * * *
Process unit means a collection of equipment assembled and
connected by hardpiping or duct work, used to process raw materials and
to manufacture a product.
Process vent means a gaseous emission stream from a unit operation
that is discharged to the atmosphere either directly or after passing
through one or more control, recovery, or recapture devices. Unit
operations that may have process vents are condensers, distillation
units, reactors, or other unit operations within the TPPU. Process
vents exclude pressure releases, gaseous streams routed to a fuel gas
system(s), and leaks from equipment regulated under Sec. 63.1331. A
gaseous emission stream is no longer considered to be a process vent
after the stream has been controlled and monitored in accordance with
the applicable provisions of this subpart.
Product means a polymer produced using the same monomers and
varying in additives (e.g., initiators, terminators, etc.); catalysts;
or in the relative proportions of monomers, that is manufactured by a
process unit. With respect to polymers, more than one recipe may be
used to produce the same product. As an example, styrene acrylonitrile
resin and methyl methacrylate butadiene styrene resin each represent a
different product. Product also means a chemical that is not a polymer,
that is manufactured by a process unit. By-products, isolated
intermediates, impurities, wastes, and trace contaminants are not
considered products.
Raw materials preparation section means the equipment at a polymer
manufacturing plant designed to prepare raw materials, such as monomers
and solvents, for polymerization. For the purposes of the standards in
this subpart, this process section includes the equipment used to
transfer raw materials from storage and/or the equipment used to
transfer recovered material from the material recovery process sections
to the raw material preparation section, and ends with the last piece
of equipment that prepares the material for polymerization. The raw
materials preparation section may include equipment that is used to
purify, dry, or otherwise treat raw materials or raw and recovered
materials together; to activate catalysts; or to promote esterification
including the formation of some short polymer chains (oligomers). The
raw materials preparation section does not include equipment that is
designed primarily to accomplish the formation of oligomers, the
treatment of recovered materials alone, or the storage of raw or
recovered materials.
Recipe means a specific composition, from among the range of
possible compositions that may occur within a product, as defined in
this section. A recipe is determined by the proportions of monomers
and, if present, other reactants and additives that are used to make
the recipe. For example, acrylonitrile butadiene styrene latex resin
(ABS latex) without additives; ABS latex with an additive; and ABS
latex with different proportions of acrylonitrile to butadiene are all
different recipes of the same product, ABS latex.
Reconstruction means the replacement of components of an affected
source or of a previously unaffected stationary source that becomes an
affected source as a result of the replacement, to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the provisions of this subpart.
Recovery device means:
(1) An individual unit of equipment capable of and normally used
for the purpose of recovering chemicals for:
(i) Use;
(ii) Reuse;
(iii) Fuel value (i.e., net heating value); or
(iv) For sale for use, reuse, or fuel value (i.e., net heating
value).
(2) Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For the purposes of the
monitoring, recordkeeping, or reporting requirements of this subpart,
recapture devices are considered recovery devices.
Recovery operations equipment means the equipment used to separate
the components of process streams. Recovery operations equipment
includes distillation units, condensers, etc. Equipment used for
wastewater treatment and recovery or recapture devices used as control
devices shall not be considered recovery operations equipment.
Residual is defined in Sec. 63.111, except that when the definition
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic
HAP listed in Table 6 of subpart JJJ'' shall apply for purposes of this
subpart.
Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of an affected source, a TPPU(s) within an affected source, a
waste management unit or unit operation within an affected source, or
equipment required or used to comply with this subpart, or the emptying
or degassing of a storage vessel. For purposes of the wastewater
provisions of Sec. 63.1330, shutdown does not include the routine
rinsing or washing of equipment in batch operation between batches. For
purposes of the batch process vent provisions in Secs. 63.1321 through
63.1327, the cessation of equipment in batch operation is not a
shutdown, unless the equipment undergoes maintenance, is replaced, or
is repaired.
Solid state polymerization process means a unit operation which,
through the application of heat, furthers the polymerization (i.e.,
increases the intrinsic viscosity) of polymer chips.
Start-up means the setting into operation of an affected source, a
TPPU(s) within an affected source, a waste management unit or unit
operation within an affected source, or equipment required or used to
comply with this subpart, or a storage vessel after emptying and
degassing. For both continuous and batch processes, start-up includes
initial start-up and operation solely for testing equipment. For both
continuous and batch processes, start-up does not include the
recharging of equipment in batch operation. For continuous processes,
start-up includes transitional conditions due to changes in product for
flexible operation units. For batch processes, start-up does not
include transitional conditions due to changes in product for flexible
operation units.
Steady-state conditions means that all variables (temperatures,
pressures, volumes, flow rates, etc.) in a process do
[[Page 11667]]
not vary significantly with time; minor fluctuations about constant
mean values may occur.
Storage vessel means a tank or other vessel that is used to store
liquids that contain one or more organic HAP. Storage vessels do not
include:
(1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
(3) Vessels with capacities smaller than 38 cubic meters;
(4) Vessels and equipment storing and/or handling material that
contains no organic HAP and/or organic HAP as impurities only;
(5) Wastewater storage tanks; and
(6) Surge control vessels and bottoms receivers.
* * * * *
Suspension process means a polymerization process where the
monomer(s) is in a state of suspension, with the help of suspending
agents, in a medium other than water (typically an organic solvent).
The resulting polymers are not soluble in the reactor medium. .
* * * * *
Thermoplastic product process unit (TPPU) means a collection of
equipment assembled and connected by hard-piping or ductwork, used to
process raw materials and to manufacture a thermoplastic product as its
primary product. This collection of equipment includes unit operations;
recovery operations equipment, process vents; equipment identified in
Sec. 63.149; storage vessels, as determined in Sec. 63.1310(g); and the
equipment that is subject to the equipment leak provisions as specified
in Sec. 63.1331. Utilities, lines and equipment not containing process
fluids, and other non-process lines, such as heating and cooling
systems which do not combine their materials with those in the
processes they serve, are not part of the thermoplastic product process
unit. A thermoplastic product process unit consists of more than one
unit operation.
* * * * *
Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction organic HAP associated with a continuous process vent stream,
based on vent stream flow rate, emission rate of organic HAP, net
heating value, and corrosion properties (whether or not the continuous
process vent stream contains halogenated compounds), as quantified by
the equations given under Sec. 63.115.
Vent stream, as used in reference to batch process vents,
continuous process vents, and aggregate batch vent streams, means the
emissions from one or more process vents.
Waste management unit is defined in Sec. 63.111, except that where
the definition in Sec. 63.111 uses the term ``chemical manufacturing
process unit,'' the term ``TPPU'' shall apply for purposes of this
subpart.
Wastewater means water that:
(1) Contains either:
(i) An annual average concentration of organic HAP listed on Table
6 of this subpart, except for ethylene glycol, of at least 5 parts per
million by weight and has an annual average flow rate of 0.02 liter per
minute or greater; or
(ii) An annual average concentration of organic HAP listed on Table
6 of this subpart, except for ethylene glycol, of at least 10,000 parts
per million by weight at any flow rate; and
(2) Is discarded from a TPPU that is part of an affected source.
Wastewater is process wastewater or maintenance wastewater.
Wastewater stream means a stream that contains wastewater as
defined in this section.
32. Section 63.1313 is amended by revising paragraph (a)
introductory text, (a)(2), (b), and (c); and adding paragraph (d), to
read as follows:
Sec. 63.1313 Emission standards.
(a) Except as allowed under paragraphs (b) through (d) of this
section, the owner or operator of an existing or new affected source
shall comply with the provisions in:
* * * * *
(2) Section 63.1315, or Secs. 63.1316 through 63.1320, as
appropriate, for continuous process vents;
* * * * *
(b) When emissions of different kinds (i.e., emissions from
continuous process vents subject to either Sec. 63.1315 or
Secs. 63.1316 through 63.1320, batch process vents, aggregate batch
vent streams, storage vessels, process wastewater, and/or in-process
equipment subject to Sec. 63.149) are combined, and at least one of the
emission streams would be classified as Group 1 in the absence of
combination with other emission streams, the owner or operator shall
comply with the requirements of either paragraph (b)(1) or (b)(2) of
this section, as appropriate. For purposes of this paragraph (b),
combined emission streams containing one or more batch process vents
and containing one or more continuous process vents subject to
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii),
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), may comply with either paragraph
(b)(1) or (b)(2) of this section, as appropriate. For purposes of this
paragraph (b), the owner or operator of an affected source with
combined emission streams containing one or more batch process vents
but not containing one or more continuous process vents subject to
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii),
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3) of
this section.
(1) Comply with the applicable requirements of this subpart for
each kind of emission in the stream as specified in paragraphs (a)(1)
through (a)(7) of this section.
(2) Comply with the first set of requirements, identified in
paragraphs (b)(2)(i) through (b)(2)(vi) of this section, which applies
to any individual emission stream that is included in the combined
stream, where either that emission stream would be classified as Group
1 in the absence of combination with other emission streams, or the
owner or operator chooses to consider that emission stream to be Group
1 for purposes of this paragraph. Compliance with the first applicable
set of requirements identified in paragraphs (b)(2)(i) through
(b)(2)(vi) of this section constitutes compliance with all other
requirements in paragraphs (b)(2)(i) through (b)(2)(vi) of this section
applicable to other types of emissions in the combined stream.
(i) The requirements of this subpart for Group 1 continuous process
vents subject to Sec. 63.1315, including applicable monitoring,
recordkeeping, and reporting;
(ii) The requirements of Sec. 63.1316(b)(1)(i)(A),
Sec. 63.1316(b)(1)(ii), Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii),
or Sec. 63.1316(c)(1), excluding Sec. 63.1316(c)(1)(ii), as
appropriate, for control of emissions from continuous process vents
subject to the control requirements of Sec. 63.1316, including
applicable monitoring, recordkeeping, and reporting requirements;
(iii) The requirements of Sec. 63.119(e), as specified in
Sec. 63.1314, for control of emissions from Group 1 storage vessels,
including applicable monitoring, recordkeeping, and reporting;
(iv) The requirements of Sec. 63.139, as specified in Sec. 63.1330,
for control devices used to control emissions from waste management
units, including applicable monitoring, recordkeeping, and reporting;
(v) The requirements of Sec. 63.139, as specified in Sec. 63.1330,
for closed vent
[[Page 11668]]
systems for control of emissions from in-process equipment subject to
Sec. 63.149, as specified in Sec. 63.1330, including applicable
monitoring, recordkeeping, and reporting; or
(vi) The requirements of this subpart for aggregate batch vent
streams subject to Sec. 63.1321(c), including applicable monitoring,
recordkeeping, and reporting.
(3) The owner or operator of an affected source with combined
emission streams containing one or more batch process vents but not
containing one or more continuous process vents subject to
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii),
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1),
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3)(i)
and (b)(3)(ii) of this section.
(i) The owner or operator of the affected source shall comply with
Sec. 63.1321 for the batch process vent(s).
(ii) The owner or operator of the affected source shall comply with
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for
the remaining emission streams.
(c) Instead of complying with Secs. 63.1314, 63.1315, 63.1316
through 63.1320, 63.1321, and 63.1330, the owner or operator of an
existing affected source may elect to control any or all of the storage
vessels, batch process vents, aggregate batch vent streams, continuous
process vents, and wastewater streams and associated waste management
units within the affected source to different levels using an emissions
averaging compliance approach that uses the procedures specified in
Sec. 63.1332. The restrictions concerning which emission points may be
included in an emissions average, including how many emission points
may be included, are specified in Sec. 63.1332(a)(1). An owner or
operator electing to use emissions averaging shall still comply with
the provisions of Secs. 63.1314, 63.1315, 63.1316 through 63.1320,
63.1321, and 63.1330 for affected source emission points not included
in the emissions average.
(d) A State may decide not to allow the use of the emissions
averaging compliance approach specified in paragraph (c) of this
section.
33. Section 63.1314 is amended by revising paragraphs (a)
introductory text, (a)(1) through (a)(3), (a)(5) through (a)(16), (b)
introductory text, and (c); and adding paragraphs (a)(17) and (b)(3),
to read as follows:
Sec. 63.1314 Storage vessel provisions.
(a) This section applies to each storage vessel that is assigned to
an affected source, as determined by Sec. 63.1310(g). Except as
provided in paragraphs (b) through (d) of this section, the owner or
operator of an affected source shall comply with the requirements of
Secs. 63.119 through 63.123 and 63.148 for those storage vessels, with
the differences noted in paragraphs (a)(1) through (a)(17) of this
section for the purposes of this subpart.
(1) When the term ``storage vessel'' is used in Secs. 63.119
through 63.123, the definition of this term in Sec. 63.1312 shall apply
for the purposes of this subpart.
(2) When the term ``Group 1 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in
Sec. 63.1312 shall apply for the purposes of this subpart.
(3) When the term ``Group 2 storage vessel'' is used in
Secs. 63.119 through 63.123, the definition of this term in
Sec. 63.1312 shall apply for the purposes of this subpart.
* * * * *
(5) When December 31, 1992, is referred to in Sec. 63.119, March
29, 1995 shall apply instead, for the purposes of this subpart.
(6) When April 22, 1994, is referred to in Sec. 63.119, September
12, 1996 shall apply instead, for the purposes of this subpart.
(7) Each owner or operator of an affected source shall comply with
this paragraph (a)(7) instead of Sec. 63.120(d)(1)(ii) for the purposes
of this subpart. If the control device used to comply with
Sec. 63.119(e) is also used to comply with any of the requirements
found in Sec. 63.1315, Sec. 63.1316, Sec. 63.1322, or Sec. 63.1330, the
performance test required in or accepted by the applicable requirements
of Secs. 63.1315, 63.1316, 63.1322, and 63.1330 is acceptable for
demonstrating compliance with Sec. 63.119(e) for the purposes of this
subpart. The owner or operator is not required to prepare a design
evaluation for the control device as described in Sec. 63.120(d)(1)(i),
if the performance test meets the criteria specified in paragraphs
(a)(7)(i) and (a)(7)(ii) of this section.
(i) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; and
(ii) The performance test is submitted as part of the Notification
of Compliance Status required by Sec. 63.1335(e)(5).
(8) When the term ``operating range'' is used in Sec. 63.120(d)(3),
the term ``level'' shall apply instead, for the purposes of this
subpart.
(9) For purposes of this subpart, the monitoring plan required by
Sec. 63.120(d)(2) shall specify for which control devices the owner or
operator has selected to follow the procedures for continuous
monitoring specified in Sec. 63.1334. For those control devices for
which the owner or operator has selected to not follow the procedures
for continuous monitoring specified in Sec. 63.1334, the monitoring
plan shall include a description of the parameter or parameters to be
monitored to ensure that the control device is being properly operated
and maintained, an explanation of the criteria used for selection of
that parameter (or parameters), and the frequency with which monitoring
will be performed (e.g., when the liquid level in the storage vessel is
being raised), as specified in Sec. 63.120(d)(2)(i).
(10) For purposes of this subpart, the monitoring plan required by
Sec. 63.122(b) shall be included in the Notification of Compliance
Status required by Sec. 63.1335(e)(5).
(11) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122,
and 63.123, the Notification of Compliance Status requirements
contained in Sec. 63.1335(e)(5) shall apply for the purposes of this
subpart.
(12) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Secs. 63.120, 63.122, and 63.123, the
Periodic Report requirements contained in Sec. 63.1335(e)(6) shall
apply for the purposes of this subpart.
(13) When other reports as required in Sec. 63.152(d) are referred
to in Sec. 63.122, the reporting requirements contained in
Sec. 63.1335(e)(7) shall apply for the purposes of this subpart.
(14) When the Initial Notification requirements contained in
Sec. 63.151(b) are referred to in Sec. 63.122, the owner or operator of
an affected source subject to this subpart need not comply for the
purposes of this subpart.
(15) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Sec. 63.121(a), the provisions in
Sec. 63.6(g) shall apply for the purposes of this subpart.
(16) When Sec. 63.119(a) requires compliance according to the
schedule provisions in Sec. 63.100, owners and operators of affected
sources shall instead comply with the requirements in
Secs. 63.119(a)(1) through 63.119(a)(4) by the compliance date for
storage vessels, which is specified in Sec. 63.1311.
(17) In Sec. 63.120(e)(1), instead of the reference to
Sec. 63.11(b), the requirements of Sec. 63.1333(e) shall apply.
(b) Owners or operators of Group 1 storage vessels that are
assigned to a new affected source producing SAN
[[Page 11669]]
using a continuous process shall control emissions to the levels
indicated in paragraphs (b)(1) and (b)(2) of this section.
* * * * *
(3) For all other storage vessels designated as Group 1 storage
vessels, emissions shall be controlled to the level designated in
Sec. 63.119.
(c) Owners or operators of Group 1 storage vessels that are
assigned to a new or existing affected source producing ASA/AMSAN shall
control emissions by at least 98 percent relative to uncontrolled
emissions.
* * * * *
34. Section 63.1315 is amended by revising paragraphs (a) (1)
through (4), (a)(9) through (a)(17), (b) introductory text, (b)(1)(ii),
(c), and (d), to read as follows:
Sec. 63.1315 Continuous process vents provisions.
(a) * * *
(1) When the term ``process vent'' is used in Secs. 63.113 through
63.118, the term ``continuous process vent,'' and the definition of
this term in Sec. 63.1312 shall apply for the purposes of this subpart.
(2) When the term ``Group 1 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 1 continuous process vent,'' and the
definition of this term in Sec. 63.1312 shall apply for the purposes of
this subpart.
(3) When the term ``Group 2 process vent'' is used in Secs. 63.113
through 63.118, the term ``Group 2 continuous process vent,'' and the
definition of this term in Sec. 63.1312 shall apply for the purposes of
this subpart.
(4) When December 31, 1992 is referred to in Sec. 63.113, apply the
date March 29, 1995, for the purposes of this subpart.
* * * * *
(9) When Sec. 63.114(e) specifies that an owner or operator shall
submit the information required in Sec. 63.152(b) in order to establish
the parameter monitoring range, the owner or operator of an affected
source shall comply with the provisions of Sec. 63.1334 for
establishing the parameter monitoring level and shall comply with
Sec. 63.1335(e)(5) for purposes of reporting information related to
establishment of the parameter monitoring level for purposes of this
subpart. Further, the term ``level'' shall apply when the term
``range'' is used in Secs. 63.114, 63.117, and 63.118.
(10) When reports of process changes are required under Sec. 63.118
(g), (h), (i), or (j), paragraphs (a)(10)(i) through (a)(10)(iv) of
this section shall apply for the purposes of this subpart. In addition,
for the purposes of this subpart, paragraph (a)(10)(v) of this section
applies, and Sec. 63.118(k) does not apply to owners or operators of
affected sources.
(i) For the purposes of this subpart, whenever a process change, as
defined in Sec. 63.115(e), is made that causes a Group 2 continuous
process vent to become a Group 1 continuous process vent, the owner or
operator shall submit a report within 180 days after the process change
is made or with the next Periodic Report, whichever is later. A
description of the process change shall be submitted with the report of
the process change, and the owner or operator of the affected source
shall comply with the Group 1 provisions in Secs. 63.113 through 63.118
in accordance with Sec. 63.1310(i)(2)(ii).
(ii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with a TRE greater
than 4.0 to become a Group 2 continuous process vent with a TRE less
than 4.0, the owner or operator shall submit a report within 180 days
after the process change is made or with the next Periodic Report,
whichever is later. A description of the process change shall be
submitted with the report of the process change, and the owner or
operator shall comply with the provisions in Sec. 63.113(d) by the
dates specified in Sec. 63.481.
(iii) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with a flow rate
less than 0.005 standard cubic meter per minute to become a Group 2
continuous process vent with a flow rate of 0.005 standard cubic meter
per minute or greater and a TRE index value less than or equal to 4.0,
the owner or operator shall submit a report within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. A description of the process change shall be submitted with the
report of the process change, and the owner or operator shall comply
with the provisions in Sec. 63.113(d) by the dates specified in
Sec. 63.481.
(iv) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes a Group 2 continuous process vent with an organic HAP
concentration less than 50 parts per million by volume to become a
Group 2 continuous process vent with an organic HAP concentration of 50
parts per million by volume or greater and a TRE index value less than
or equal to 4.0, the owner or operator shall submit a report within 180
days after the process change is made or with the next Periodic Report,
whichever is later. A description of the process change shall be
submitted with the report of the process change, and the owner or
operator shall comply with the provisions in Sec. 63.113(d) by the
dates specified in Sec. 63.481.
(v) The owner or operator is not required to submit a report of a
process change if one of the conditions listed in paragraphs
(a)(10)(v)(A), (a)(10)(v)(B), (a)(10)(v)(C), or (a)(10)(v)(D) of this
section is met.
(A) The process change does not meet the definition of a process
change in Sec. 63.115(e);
(B) The vent stream flow rate is recalculated according to
Sec. 63.115(e) and the recalculated value is less than 0.005 standard
cubic meter per minute;
(C) The organic HAP concentration of the vent stream is
recalculated according to Sec. 63.115(e) and the recalculated value is
less than 50 parts per million by volume; or
(D) The TRE index value is recalculated according to Sec. 63.115(e)
and the recalculated value is greater than 4.0, or for the affected
sources producing methyl methacrylate butadiene styrene resin the
recalculated value is greater than 6.7.
(11) When the provisions of Sec. 63.116 (c)(3) and (c)(4) specify
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall
conform with the requirements in paragraphs (a)(11)(i) and (a)(11)(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.
(12) When Sec. 63.118, periodic reporting and recordkeeping
requirements, refers to Sec. 63.152(f), the recordkeeping requirements
in Sec. 63.1335(d) shall apply for purposes of this subpart.
(13) If a batch process vent or aggregate batch vent stream is
combined with a continuous process vent, the owner or operator of the
affected source containing the combined vent stream shall comply with
paragraph (a)(13)(i); with paragraph (a)(13)(ii) and with paragraph
(a)(13) (iii) or (iv); or with paragraph (a)(13)(v) of this section, as
appropriate.
[[Page 11670]]
(i) If a batch process vent or aggregate batch vent stream is
combined with a Group 1 continuous process vent prior to the combined
vent stream being routed to a control device, the owner or operator of
the affected source containing the combined vent stream shall comply
with the requirements in paragraph (a)(13)(i) (A) or (B) of this
section.
(A) All requirements for a Group 1 process vent stream in
Secs. 63.113 through 63.118, except as otherwise provided in this
section. As specified in Sec. 63.1333(a)(1), performance tests shall be
conducted at maximum representative operating conditions. For the
purpose of conducting a performance test on a combined vent stream,
maximum representative operating conditions shall be when batch
emission episodes are occurring that result in the highest organic HAP
emission rate (for the combined vent stream) that is achievable during
one of the periods listed in Sec. 63.1333(a)(1)(i) or
Sec. 63.1333(a)(1)(ii), without causing any of the situations described
in paragraphs (a)(13)(i)(A) (1) through (3) to occur.
(1) Causing damage to equipment.
(2) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(3) Necessitating that the owner or operator make product in excess
of demand.
(B) Comply with the provisions in Sec. 63.1313(b)(1), as allowed
under Sec. 63.1313(b).
(ii) If a batch process vent or aggregate batch vent stream is
combined with a continuous process vent prior to the combined vent
stream being routed to a recovery device, the TRE index value for the
combined vent stream shall be calculated at the exit of the last
recovery device. The TRE shall be calculated during periods when one or
more batch emission episodes are occurring that result in the highest
organic HAP emission rate (in the combined vent stream that is being
routed to the recovery device) that is achievable during the 6-month
period that begins 3 months before and ends 3 months after the TRE
calculation, without causing any of the situations described in
paragraphs (a)(13)(ii) (A) through (C) to occur.
(A) Causing damage to equipment.
(B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
(C) Necessitating that the owner or operator make product in excess
of demand.
(iii) If the combined vent stream described in paragraph
(a)(10)(ii) of this section meets the requirements in paragraphs
(a)(13)(iii)(A), (B), and (C) of this section, the combined vent stream
shall be subject to the requirements for Group 1 process vents in
Secs. 63.113 through 63.118, except as otherwise provided in this
section, as applicable. Performance tests for the combined vent stream
shall be conducted at maximum operating conditions, as described in
paragraph (a)(13)(i) of this section.
(A) The TRE index value of the combined stream is less than or
equal to 1.0;
(B) The flow rate of the combined vent stream is greater than or
equal to 0.005 standard cubic meter per minute; and
(C) The total organic HAP concentration is greater than or equal to
50 parts per million by volume for the combined vent stream.
(iv) If the combined vent stream described in paragraph (a)(10)(ii)
of this section meets the requirements in paragraph (a)(13)(iv)(A),
(B), or (C) of this section, the combined vent stream shall be subject
to the requirements for Group 2 process vents in Secs. 63.113 through
63.118, except as otherwise provided in this section, as applicable.
(A) The TRE index value of the combined vent stream is greater than
1.0;
(B) The flow rate of the combined vent stream is less than 0.005
standard cubic meter per minute; or
(C) The total organic HAP concentration is less than 50 parts per
million by volume for the combined vent stream.
(v) If a batch process vent or aggregate batch vent stream is
combined with a Group 2 continuous process vent, the owner or operator
shall comply with the requirements in either paragraph (a)(13)(v)(A) or
(a)(13)(v)(B) of this section.
(A) The owner or operator shall comply with the requirements in
Secs. 63.113 through 63.118 for Group 1 process vents; or
(B) The owner or operator shall comply with Sec. 63.1322(e)(2) for
batch process vents and aggregate batch vent streams.
(14) If any gas stream that originates outside of an affected
source that is subject to this subpart is normally conducted through
the same final recovery device as any continuous process vent stream
subject to this subpart, the owner or operator of the affected source
with the combined vent stream shall comply with all requirements in
Secs. 63.113 through 63.118 of subpart G of this part, except as
otherwise noted in this section, as applicable.
(i) Instead of measuring the vent stream flow rate at the sampling
site specified in Sec. 63.115(b)(1), the sampling site for vent stream
flow rate shall be prior to the final recovery device and prior to the
point at which the gas stream that is not controlled under this subpart
is introduced into the combined vent stream.
(ii) Instead of measuring total organic HAP or TOC concentrations
at the sampling site specified in Sec. 63.115(c)(1), the sampling site
for total organic HAP or TOC concentration shall be prior to the final
recovery device and prior to the point at which the gas stream that is
not controlled under this subpart is introduced into the combined vent
stream.
(iii) The efficiency of the final recovery device (determined
according to paragraph (a)(14)(iv) of this section) shall be applied to
the total organic HAP or TOC concentration measured at the sampling
site described in paragraph (a)(14)(ii) of this section to determine
the exit concentration. This exit concentration of total organic HAP or
TOC shall then be used to perform the calculations outlined in
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent
stream exiting the final recovery device.
(iv) The efficiency of the final recovery device is determined by
measuring the total organic HAP or TOC concentration using Method 18 or
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery
device after the introduction of any gas stream that is not controlled
under this subpart, and at the outlet of the final recovery device.
(15) When Sec. 63.115(c)(3)(ii)(B) and (d)(2)(iv) and
Sec. 63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart
F of this part, the owner or operator is only required to consider
organic HAP listed on Table 6 of this subpart for purposes of this
subpart.
(16) The compliance date for continuous process vents subject to
the provisions of this section is specified in Sec. 63.1311.
(17) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b),
the requirements in Sec. 63.1333(e) shall apply.
* * * * *
(b) Owners or operators of existing affected sources producing MBS
shall comply with either paragraph (b)(1) or (b)(2) of this section.
(1) * * *
(ii) When complying with this paragraph (b), and the term ``TRE of
4.0'' is used, or related terms indicating a TRE index value of 4.0,
referred to in
[[Page 11671]]
Sec. Sec. 63.113 through 63.118, are used, the term ``TRE of 6.7''
shall apply instead, for the purposes of this subpart. The TRE range of
3.7 to 6.7 for continuous process vents at existing affected sources
producing MBS corresponds to the TRE range of 1.0 to 4.0 for other
continuous process vents, as it applies to monitoring, recordkeeping,
and reporting.
* * * * *
(c) Owners or operators of new affected sources producing SAN using
a batch process shall comply with the applicable requirements in
Sec. 63.1321.
(d) Affected sources producing PET or polystyrene using a
continuous process are not subject to the provisions of this section
and instead are subject to the emissions control provisions of
Sec. 63.1316, the monitoring provisions of Sec. 63.1317, the testing
and compliance demonstration provisions of Sec. 63.1318, the
recordkeeping provisions of Sec. 63.1319, and the reporting provisions
of Sec. 63.1320. However, in some instances, as specified in
Sec. 63.1316, select continuous process vents present at affected
sources producing PET or polystyrene using a continuous process are
subject to the provisions of this section.
* * * * *
35. Section 63.1316 is amended by revising the section title and
paragraphs (a), (b), (c) introductory text, (c)(1) introductory text,
(c)(1)(i), (c)(1)(ii), (c)(1)(iii)(A), (c)(1)(iii)(C), and (c)(3), to
read as follows:
Sec. 63.1316 PET and polystyrene affected sources--emissions control
provisions.
(a) The owner or operator of an affected source producing PET using
a continuous process shall comply with paragraph (b) of this section.
The owner or operator of an affected source producing polystyrene using
a continuous process shall comply with paragraph (c) of this section.
As specified in paragraphs (b) and (c) of this section, owners or
operators shall comply with Sec. 63.1315 for certain continuous process
vents and with Sec. 63.1321 for all batch process vents. The owner or
operator of an affected source producing PET using a batch process or
producing polystyrene using a batch process shall comply with
Sec. 63.1315 for continuous process vents and with Sec. 63.1321 for
batch process vents, instead of the provisions of Secs. 63.1316 through
63.1320.
(b) The owner or operator of an affected source producing PET using
a continuous process shall comply with the requirements specified in
paragraphs (b)(1) or (b)(2) of this section, as appropriate, and are
not required to comply with the requirements specified in 40 CFR part
60, subpart DDD. Compliance can be based on either organic HAP or TOC.
(1) The owner or operator of an affected source producing PET using
a continuous dimethyl terephthalate process shall comply with
paragraphs (b)(1)(i) through (b)(1)(iv) of this section.
(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) or (b)(1)(i)(B) 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) or (b)(1)(i)(B) 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); or
(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).
(ii) 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 product from all associated
TPPU(s).
(iii) Continuous process vents not included in a material recovery
section, as specified in paragraph (b)(1)(i) of this section, and not
included in a polymerization reaction section, as specified in
paragraph (b)(1)(ii) of this section, shall comply with Sec. 63.1315.
(iv) Batch process vents shall comply with Sec. 63.1321.
(2) The owner or operator of an affected source producing PET using
a continuous terephthalic acid process shall comply with paragraphs
(b)(2)(i) through (b)(2)(iv) of this section.
(i) 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.
(ii) 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).
(iii) Continuous process vents not included in a raw materials
preparation section, as specified in paragraph (b)(2)(i) of this
section, and not included in a polymerization reaction section, as
specified in paragraph (b)(2)(ii) of this section, shall comply with
Sec. 63.1315.
(iv) Batch process vents shall comply with Sec. 63.1321.
(c) The owner or operator of an affected source producing
polystyrene resin using a continuous process shall comply with the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section, as appropriate, instead of the requirements specified in 40
CFR part 60, subpart DDD. Compliance can be based on either organic HAP
or TOC.
(1) Limit organic HAP emissions from continuous process vents in
the collection of material recovery sections within the affected source
by complying
[[Page 11672]]
with either paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
section.
(i) Organic HAP emissions from all continuous process vents in each
individual material recovery section shall, as a whole, be no greater
than 0.0036 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 0.0036 kg
organic HAP per Mg of product from all associated TPPU(s);
(ii) 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
-25 deg.C (-13 deg.F) or less (i.e., colder); or
(iii) * * *
(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;
* * * * *
(C) Combust the emissions in a flare that complies with the
requirements of Sec. 63.1333(e).
* * * * *
(3) Batch process vents shall comply with Sec. 63.1321.
36. Section 63.1317 is revised (including the section title) to
read as follows:
Sec. 63.1317 PET and polystyrene affected sources--monitoring
provisions.
Continuous process vents using a control or recovery device to
comply with Sec. 63.1316 shall comply with the applicable monitoring
provisions specified for continuous process vents in Sec. 63.1315(a),
except that references to group determinations (i.e., total resource
effectiveness) do not apply and owners or operators are not required to
comply with Sec. 63.113.
37. Section 63.1318 is amended by revising the section title and
paragraphs (a), (b) introductory text, (b)(1)(i) introductory text,
(c), and (d), to read as follows:
Sec. 63.1318 PET and polystyrene affected sources--testing and
compliance demonstration provisions.
(a) Except as specified in paragraphs (b) through (d) of this
section, continuous process vents using a control or recovery device to
comply with Sec. 63.1316 shall comply with the applicable testing and
compliance provisions for continuous process vents specified in
Sec. 63.1315, except that, for the purposes of this paragraph (a),
references to group determinations (i.e., total resource effectiveness)
do not apply and owners or operators are not required to comply with
Sec. 63.113.
(b) PET affected sources using a dimethyl terephthalate process--
applicability determination procedure. Owners or operators shall
calculate organic HAP emissions from the collection of material
recovery sections at an existing affected source producing PET using a
continuous dimethyl terephthalate process to determine whether
Sec. 63.1316(b)(1)(i) is applicable using the procedures specified in
either paragraph (b)(1) or (b)(2) of this section.
(1) * * *
(i) The mass emission rate for each continuous process vent,
Ei, shall be determined according to the procedures
specified in Sec. 63.116(c)(4). The sampling site for determining
whether Sec. 63.1316(b)(1)(i) is applicable shall be at the outlet of
the last recovery or control device. When the provisions of
Sec. 63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may
be used for the purposes of this subpart. The use of Method 25A, 40 CFR
part 60, appendix A shall comply with paragraphs (b)(1)(i)(A) and
(b)(1)(i)(B) of this section.
* * * * *
(c) Compliance with mass emissions per mass product standards.
Owners or operators complying with Sec. 63.1316(b)(1)(i)(A),
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), and (c)(1)(i) shall demonstrate
compliance with the mass emissions per mass product requirements using
the procedures specified in paragraph (b)(1) of this section.
(d) Compliance with temperature limits for final condensers. Owners
or operators complying with Sec. 63.1316(b)(1)(i)(B) or
Sec. 63.1316(c)(1)(ii) shall demonstrate continuous compliance based on
an average exit temperature determined for each operating day.
Calculation of the daily average exit temperature shall follow the
provisions of Sec. 63.1335(d)(3). The provisions of Sec. 63.1334 (f)
and (g) shall apply for the purposes of determining whether or not an
owner or operator is to be deemed out of compliance for a given
operating day.
38. Section 63.1319 is amended by revising the section title and
paragraphs (a), (b) introductory text, (b)(2), and (c), to read as
follows:
Sec. 63.1319 PET and polystyrene affected sources--recordkeeping
provisions.
(a) Except as specified in paragraphs (b) and (c) of this section,
owners or operators using a control or recovery device to comply with
Sec. 63.1316 shall comply with the applicable recordkeeping provisions
specified in Sec. 63.1315, except that, for the purposes of this
paragraph (a), references to group determinations (i.e., total resource
effectiveness) do not apply, and owners or operators are not required
to comply with Sec. 63.113.
(b) Records demonstrating compliance with the applicability
determination procedure for PET affected sources using a dimethyl
terephthalate process. Owners or operators complying with
Sec. 63.1316(b)(1)(i) by demonstrating that mass emissions per mass
product are less than or equal to the level specified in
Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg organic HAP per Mg of product)
shall keep the following records.
* * * * *
(2) Records of any change in process operation that increases the
mass emissions per mass product.
(c) Records demonstrating compliance with temperature limits for
final condensers. Owners or operators of continuous process vents
complying with Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii) shall
keep records of the daily averages required by Sec. 63.1318, per the
recordkeeping provisions specified in Sec. 63.1335(d).
39. Section 63.1320 is amended by revising the section title and
paragraphs (a) and (b); and removing and reserving paragraph (c), to
read as follows:
Sec. 63.1320 PET and polystyrene affected sources--reporting
provisions.
(a) Except as specified in paragraph (b) of this section, owners
and operators using a control or recovery device to comply with
Sec. 63.1316 shall comply with the applicable reporting provisions
specified in Sec. 63.1315, except that, for the purposes of this
paragraph (a), references to group determinations (i.e., total resource
effectiveness) do not apply, and owners or operators are not required
to comply with Sec. 63.113.
(b) Reporting for PET affected sources using a dimethyl
terephthalate process. Owners or operators complying with Sec. 63.1316
by demonstrating that mass emissions per mass product are less than or
equal to the level specified in Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg
organic HAP per Mg of product) shall comply with paragraphs (b)(1)
through (b)(3) of this section.
(1) Include the information specified in Sec. 63.1319(b)(2) in each
Periodic
[[Page 11673]]
Report, required by Sec. 63.1335(e)(6), as appropriate.
(2) Include the information specified in Sec. 63.1319(b)(1) in the
Notification of Compliance Status, required by Sec. 63.1335(e)(5).
(3) Whenever a process change, as defined in Sec. 63.115(e), is
made that causes emissions from continuous process vents in the
collection of material recovery sections (i.e., methanol recovery)
within the affected source to be greater than 0.12 kg organic HAP per
Mg of product, the owner or operator shall submit a report within 180
days after the process change is made or the information regarding the
process change is known to the owner or operator. This report may be
included in the next Periodic Report as specified in
Sec. 63.1335(e)(6)(iii)(D)(2). The report shall include the information
specified in Sec. 63.1319(b)(1) and a description of the process
change.
(c) [Reserved.]
* * * * *
40. Section 63.1321 is amended by revising paragraphs (a) and (c),
to read as follows:
Sec. 63.1321 Batch process vents provisions.
(a) Batch process vents. Except as specified in paragraphs (b)
through (d) of this section, owners and operators of new and existing
affected sources with batch process vents shall comply with the
requirements in Secs. 63.1322 through 63.1327. The batch process vent
group status shall be determined in accordance with Sec. 63.1323.
Owners or operators of batch process vents classified as Group 1 shall
comply with the reference control technology requirements for Group 1
batch process vents in Sec. 63.1322, the monitoring requirements in
Sec. 63.1324, the performance test methods and procedures to determine
compliance in Sec. 63.1325, the recordkeeping requirements in
Sec. 63.1326, and the reporting requirements in Sec. 63.1327. Owners or
operators of all Group 2 batch process vents shall comply with the
applicable reference control technology requirements in Sec. 63.1322,
the applicable recordkeeping requirements in Sec. 63.1326, and the
applicable reporting requirements in Sec. 63.1327.
* * * * *
(c) Aggregate batch vent streams. Aggregate batch vent streams, as
defined in Sec. 63.1312, are subject to the control requirements
specified in Sec. 63.1322(b), as well as the monitoring, testing,
recordkeeping, and reporting requirements specified in Secs. 63.1324
through 63.1327 for aggregate batch vent streams.
* * * * *
41. Section 63.1322 is amended by revising paragraphs (a)
introductory text, (a)(1)(i), (b) introductory text, (b)(1)(i), (b)(2),
(c)(1), (c)(2), (e), (f), and (g); and adding paragraph (h), to read as
follows:
Sec. 63.1322 Batch process vents--reference control technology.
(a) Batch process vents. The owner or operator of a Group 1 batch
process vent, as determined using the procedures in Sec. 63.1323, shall
comply with the requirements of either paragraph (a)(1) or (a)(2) of
this section, except as provided for in paragraph (a)(3) of this
section. Compliance may be based on either organic HAP or TOC.
(1) * * *
(i) The owner or operator shall comply with the requirements of
Sec. 63.1333(e) for the flare.
* * * * *
(b) Aggregate batch vent streams. The owner or operator of an
aggregate batch vent stream that contains one or more Group 1 batch
process vents shall comply with the requirements of either paragraph
(b)(1) or (b)(2) of this section, except as provided for in paragraph
(b)(3) of this section. Compliance may be based on either organic HAP
or TOC.
(1) * * *
(i) The owner or operator shall comply with the requirements of
Sec. 63.1333(e) for the flare.
* * * * *
(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 combustion devices, the emission reduction
or concentration shall be calculated on a dry basis, corrected to 3
percent oxygen.
* * * * *
(c) * * *
(1) If a combustion device is used to comply with paragraph (a)(2),
(a)(3), (b)(2), or (b)(3) of this section for a halogenated batch
process vent, halogenated aggregate batch vent stream, or halogenated
continuous process vent, said emissions exiting the combustion device
shall be ducted to a halogen reduction device that reduces overall
emissions of hydrogen halides and halogens by at least 99 percent
before discharge to the atmosphere.
(2) A halogen reduction device may be used to reduce the halogen
atom mass emission rate of said emissions to less than 3,750 kg/yr for
batch process vents or aggregate batch vent streams and to less than
0.45 kilograms per hour for continuous process vents prior to venting
to any combustion control device, and thus make the batch process vent,
aggregate batch vent stream, or continuous process vent nonhalogenated.
The nonhalogenated batch process vent, aggregate batch vent stream, or
continuous process vent shall then comply with the requirements of
either paragraph (a) or (b) of this section, as appropriate.
* * * * *
(e) Combination of batch process vents or aggregate batch vent
streams with continuous process vents. If a batch process vent or
aggregate batch vent stream is combined with a continuous process vent,
the owner or operator shall determine whether the combined vent stream
is subject to the provisions of Secs. 63.1321 through 63.1327 according
to paragraphs (e)(1) and (e)(2) of this section.
(1) A batch process vent or aggregate batch vent stream combined
with a continuous process vent is not subject to the provisions of
Secs. 63.1321 through 63.1327, if the requirements in paragraph
(e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met.
(i) The only emissions to the atmosphere from the batch process
vent or aggregate batch vent stream prior to being combined with the
continuous process vent are from equipment subject to Sec. 63.1331.
(ii) The batch process vent or aggregate batch vent stream is
combined with a Group 1 continuous process vent prior to the combined
vent stream being routed to a control device. In this paragraph
(e)(1)(ii), the definition of control device as it relates to
continuous process vents shall be used. Furthermore, the combined vent
stream discussed in this paragraph (e)(1)(ii) shall be subject to
Sec. 63.1315(a)(13)(i).
(iii) The batch process vent or aggregate batch vent stream is
combined with a continuous process vent prior to being routed to a
recovery device. In this paragraph (e)(1)(iii), the definition of
recovery device as it relates to continuous process vents shall be
used. Furthermore, the combined vent stream discussed in this paragraph
(e)(1)(iii) shall be subject to Sec. 63.1315(a)(13)(ii).
(2) If the batch process vent or aggregate batch vent stream is
combined with a Group 2 continuous process vent, the group status of
the batch process vent shall be determined prior to its combination
with the Group 2 continuous process vent, in accordance with
Sec. 63.1323, and the combined vent stream shall be subject to the
[[Page 11674]]
requirements for aggregate batch vent streams in Secs. 63.1321 through
63.1327.
(f) Group 2 batch process vents with annual emissions greater than
or equal to the level specified in Sec. 63.1323(d). The owner or
operator of a Group 2 batch process vent with annual emissions greater
than or equal to the level specified in Sec. 63.1323(d) shall comply
with the provisions of paragraph (f)(1), (f)(2), or (h) of this
section.
(1) The owner or operator of an affected source shall comply with
the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures the Group 2 batch process vent does not become
a Group 1 batch process vent.
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.1335(e)(5)(iv), the owner or operator shall not charge a mass
of HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii)The owner or operator shall comply with the recordkeeping
requirements in Sec. 63.1326(d)(2), and the reporting requirements in
Sec. 63.1327(a)(3), (b), and (c).
(iv) The owner or operator shall comply with Sec. 63.1323(i) when
process changes are made.
(2) Comply with the requirements of this subpart for Group 1 batch
process vents.
(g) Group 2 batch process vents with annual emissions less than the
level specified in Sec. 63.1323(d). The owner or operator of a Group 2
batch process vent with annual emissions less than the level specified
in Sec. 63.1323(d) shall comply with paragraphs (g)(1), (g)(2), (g)(3),
or (g)(4) of this section.
(1) The owner or operator of the affected source shall comply with
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this
section.
(i) The owner or operator shall establish a batch mass input
limitation that ensures emissions do not exceed the level specified in
Sec. 63.1323(d).
(ii) Over the course of the affected source's ``year,'' as reported
in the Notification of Compliance Status in accordance with
Sec. 63.1335(e)(5)(iv), the owner or operator shall not charge a mass
of HAP or material to the batch unit operation that is greater than the
level established as the batch mass input limitation.
(iii) The owner or operator shall comply with the recordkeeping
requirements in Sec. 63.1326(d)(1), and the reporting requirements in
Sec. 63.1327(a)(2), (b), and (c).
(iv) The owner or operator of the affected source shall comply with
Sec. 63.1323(i) when process changes are made.
(2) Comply with the requirements of paragraph (f)(1) of this
section;
(3) Comply with the requirements of paragraph (f)(2) of this
section; or
(4) Comply with the requirements of paragraph (h) of this section.
(h) Owners or operators of Group 2 batch process vents are not
required to establish a batch mass input limitation if the batch
process vent is Group 2 at the conditions specified in paragraphs
(h)(1) and (h)(2) of this section and if the owner or operator complies
with the recordkeeping provisions in Secs. 63.1326(a)(1) through (3),
63.1326(a)(9), and 63.1326(a)(4) through (6) as applicable, and the
reporting requirements in Sec. 63.1327(a)(5), (a)(6), and (b).
(1) Emissions for the single highest-HAP recipe (considering all
products that are produced in the batch unit operation) are used in the
group determination; and
(2) The group determination assumes that the batch unit operation
is operating at the maximum design capacity of the TPPU for 12 months.
42. Section 63.1323 is amended by:
a. Revising paragraphs (a)(1), (b) introductory text, (b)(1),
(b)(2), (b)(4)(i)(A) through (b)(4)(i)(C), (b)(4)(ii)(B)(1), (b)(5)
introductory text, (b)(5)(ii), (b)(5)(iii) introductory text,
(b)(5)(iv), (b)(5)(v) introductory text, (b)(5)(v)(A), (b)(6), (d), (e)
introductory text, (e)(1) introductory text, (e)(1)(i), (e)(1)(iii),
(e)(2), (e)(3), (g), (h)(1)(iii), (h)(2), (i), (j) introductory text
and (j)(3); and
b. Adding paragraph (b)(9), to read as follows:
Sec. 63.1323 Batch process vents--methods and procedures for group
determination.
(a) * * *
(1) The procedures specified in paragraphs (b) through (g) of this
section shall be followed to determine the group status of each batch
process vent. This determination shall be made in accordance with
either paragraph (a)(1)(i) or (a)(1)(ii) of this section.
(i) An owner or operator may choose to determine the group status
of a batch process vent based on the expected mix of products. For each
product, emission characteristics of the single highest-HAP recipe, as
defined in paragraph (a)(1)(iii) of this section, for that product
shall be used in the procedures in paragraphs (b) through (i) of this
section.
(ii) An owner or operator may choose to determine the group status
of a batch process vent based on annualized production of the single
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this
section, considering all products produced or processed in the batch
unit operation. The annualized production of the highest-HAP recipe
shall be based exclusively on the production of the single highest-HAP
recipe of all products produced or processed in the batch unit
operation for a 12 month period. The production level used may be the
actual production rate. It is not necessary to assume a maximum
production rate (i.e., 8,760 hours per year at maximum design
production).
(iii) The single highest-HAP recipe for a product means the recipe
of the product with the highest total mass of HAP charged to the
reactor during the production of a single batch of product.
* * * * *
(b) Determination of annual emissions. The owner or operator shall
calculate annual uncontrolled TOC or organic HAP emissions for each
batch process vent using the methods described in paragraphs (b)(1)
through (b)(8) of this section. To estimate emissions from a batch
emissions episode, owners or operators may use either the emissions
estimation equations in paragraphs (b)(1) through (b)(4) of this
section, or direct measurement as specified in paragraph (b)(5) of this
section. Engineering assessment may be used to estimate emissions from
a batch emission episode only under the conditions described in
paragraph (b)(6) of this section. In using the emissions estimation
equations in paragraphs (b)(1) through (b)(4) of this section,
individual component vapor pressure and molecular weight may be
obtained from standard references. Methods to determine individual HAP
partial pressures in multicomponent systems are described in paragraph
(b)(9) of this section. Other variables in the emissions estimation
equations may be obtained through direct measurement, as defined in
paragraph (b)(5) of this section, through engineering assessment, as
defined in paragraph (b)(6)(ii) of this section, by process knowledge,
or by any other appropriate means. Assumptions used in determining
these variables must be documented. Once emissions for the batch
emission episode have been determined using either the emissions
estimation equations, direct measurement, or engineering assessment,
emissions from a batch cycle shall be calculated in accordance with
paragraph (b)(7) of this section, and annual emissions from the batch
process vent shall be calculated in
[[Page 11675]]
accordance with paragraph (b)(8) of this section.
(1) TOC or organic HAP emissions from the purging of an empty
vessel shall be calculated using Equation 2 of this subpart. Equation 2
of this subpart does not take into account evaporation of any residual
liquid in the vessel.
where:
Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m3.
[GRAPHIC] [TIFF OMITTED] TP09MR99.030
P = TOC or total organic HAP partial pressure, kPa.
MWwavg = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of
this section, kg/kmol.
R = Ideal gas constant, 8.314 m3kPa/kmolK.
T = Temperature of vessel vapor space, K.
m = Number of volumes of purge gas used.
(2) TOC or organic HAP emissions from the purging of a filled
vessel shall be calculated using Equation 3 of this subpart.
Where:
[GRAPHIC] [TIFF OMITTED] TP09MR99.031
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m3/min.
P = Pressure in vessel vapor space, kPa.
MWwavg = Weighted average molecular weight of TOC or organic
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of
this section, kg/kmol.
R = Ideal gas constant, 8.314 m3kPa/kmolK.
T = Temperature of vessel vapor space, K.
Pi = Vapor pressure of TOC or individual organic HAP i, kPa.
xi = Mole fraction of TOC or organic HAP i in the liquid.
[GRAPHIC] [TIFF OMITTED] TP09MR99.032
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated.
Tm = Minutes/episode.
* * * * *
(4) * * *
(i) * * *
(A) Emissions caused by heating of a vessel shall be calculated
using Equation 5 of this subpart. The assumptions made for this
calculation are atmospheric pressure of 760 millimeters of mercury (mm
Hg) and the displaced gas is always saturated with volatile organic
compounds (VOC) vapor in equilibrium with the liquid mixture.
Where:
Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial pressure
(kPa) of TOC or each organic HAP i in the vessel headspace at initial
(T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated.
= Number of kilogram-moles (kg-moles) of gas
displaced, determined in accordance with paragraph (b)(4)(i)(B) of this
section.
101.325 = Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2) = Weighted average
molecular weight of TOC or total organic HAP in the displaced gas
stream, determined in accordance with paragraph (b)(4)(i)(D) of this
section, kg/kmol.
(B) The moles of gas displaced, , is calculated
using Equation 6 of this subpart.
where:
= Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m3.
R = Ideal gas constant, 8.314 m3kPa/kmolK.
[GRAPHIC] [TIFF OMITTED] TP09MR99.033
Pa1 = Initial noncondensible gas partial pressure in the
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.
[[Page 11676]]
(C) The initial and final pressure of the noncondensible gas in the
vessel shall be calculated using Equation 7 of this subpart.
where:
Pa = Initial or final partial pressure of noncondensible gas in the
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic HAP i in the
vessel headspace, kPa, at the initial or final temperature (T1 or T2).
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated.
* * * * *
(ii) * * *
(B) * * *
(1) If the final temperature of the heatup is at or lower than 5 K
below the boiling point, the final temperature for the last increment
shall be the final temperature for the heatup, even if the last
increment is less than 5 K.
* * * * *
(5) The owner or operator may estimate annual emissions for a batch
emission episode by direct measurement. If direct measurement is used,
the owner or operator shall either perform a test for the duration of a
representative batch emission episode or perform a test during only
those periods of the batch emission episode for which the emission rate
for the entire episode can be determined or for which the emissions are
greater than the average emission rate of the batch emission episode.
The owner or operator choosing either of these options shall develop an
emission profile for the entire batch emission episode, based on either
process knowledge or test data collected, to demonstrate that test
periods are representative. Examples of information that could
constitute process knowledge include calculations based on material
balances and process stoichiometry. Previous test results may be used
provided the results are still relevant to the current batch process
vent conditions. Performance tests shall follow the procedures
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section.
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this
section shall be used to calculate the emissions per batch emission
episode.
* * * * *
(ii) Annual average batch vent flow rate shall be determined as
specified in paragraph (e) of this section.
(iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be
used to determine the concentration of TOC or organic HAP, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(b)(5)(iii)(A) and (b)(5)(iii)(B) of this section.
* * * * *
(iv) If an integrated sample is taken over the entire batch
emission episode to determine the average batch vent concentration of
TOC or total organic HAP, emissions shall be calculated using Equation
9 of this subpart.
where:
[GRAPHIC] [TIFF OMITTED] TP09MR99.034
Eepisode = Emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm)
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average batch vent concentration of TOC or sample
organic HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
[GRAPHIC] [TIFF OMITTED] TP09MR99.035
(v) If grab samples are taken to determine the average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of
this section.
(A) For each measurement point, the emission rate shall be
calculated using Equation 10 of this subpart.
Where:
Epoint = Emission rate for individual measurement point, kg/
hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm)
(kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Concentration of TOC or sample organic HAP component j
of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis,
scmm.
n = Number of organic HAP in stream. Note: Summation not applicable if
TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(6) Engineering assessment may be used to estimate emissions from a
batch emission episode, if the criteria in paragraph (b)(6)(i) are met.
Data or other information used to demonstrate that the criteria in
paragraph (b)(6)(i) of this section have been met shall be reported as
specified in paragraph (b)(6)(iii) of this section. Paragraph
(b)(6)(ii) of this section defines engineering assessment, for the
purposes of estimating emissions from a batch emissions episode. All
data, assumptions, and procedures used in an engineering assessment
shall be documented.
(i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or
(C) are met for a specific batch emission episode, the owner or
operator may use engineering assessment, as described in paragraph
(b)(6)(ii) of this section, to estimate emissions from that batch
emission episode, and the owner or operator is not required to use the
emissions estimation equations described in paragraphs (b)(1) through
(b)(4) of this section to estimate emissions from that batch emission
episode.
(A) Previous test data, where the measurement of organic HAP or TOC
emissions was an outcome of the test, show a greater than 20 percent
discrepancy between the test value and the value estimated using the
applicable equations in paragraphs (b)(1) through (b)(4) of this
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe
test data that will be acceptable under this paragraph (b)(6)(i)(A).
[[Page 11677]]
(1) Test data for the batch emission episode obtained during
production of the product for which the demonstration is being made.
(2) Test data obtained for a batch emission episode from another
process train, where the test data were obtained during production of
the product for which the demonstration is being made. Test data from
another process train may be used only if the owner or operator can
demonstrate that the data are representative of the batch emission
episode for which the demonstration is being made, taking into account
the nature, size, operating conditions, production rate, and sequence
of process steps (e.g., reaction, distillation, etc.) of the equipment
in the other process train.
(B) Previous test data obtained during the production of the
product for which the demonstration is being made, for the batch
emission episode with the highest organic HAP emissions on a mass
basis, show a greater than 20 percent discrepancy between the test
value and the value estimated using the applicable equations in
paragraphs (b)(1) through (b)(4) of this section. If the criteria in
this paragraph (b)(6)(i)(B) are met, then engineering assessment may be
used for all batch emission episodes associated with that batch cycle
for the batch unit operation.
(C) The owner or operator has requested and been granted approval
to use engineering assessment to estimate emissions from a batch
emissions episode. The request to use engineering assessment to
estimate emissions from a batch emissions episode shall contain
sufficient information and data to demonstrate to the Administrator
that engineering assessment is an accurate means of estimating
emissions for that particular batch emissions episode. The request to
use engineering assessment to estimate emissions for a batch emissions
episode shall be submitted in the Precompliance Report required under
Sec. 63.506(e)(3).
(ii) Engineering assessment includes, but is not limited to, the
following:
(A) Previous test results, provided the tests are representative of
current operating practices;
(B) Bench-scale or pilot-scale test data obtained under conditions
representative of current process operating conditions;
(C) Flow rate, TOC emission rate, or organic HAP emission rate
specified or implied within a permit limit applicable to the batch
process vent; and
(D) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
(1) Use of material balances;
(2) Estimation of flow rate based on physical equipment design such
as pump or blower capacities;
(3) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(4) Estimation of TOC or organic HAP concentrations based on grab
samples of the liquid or vapor.
(iii) Data or other information used to demonstrate that the
criteria in paragraph (b)(6)(i) of this section have been met shall be
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B)
of this section.
(A) Data or other information used to demonstrate that the criteria
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met
shall be reported in the Notification of Compliance Status, as required
in Sec. 63.1327(a)(8).
(B) The request for approval to use engineering assessment to
estimate emissions from a batch emissions episode as allowed under
paragraph (b)(6)(i)(C) of this section, and sufficient data or other
information for demonstrating to the Administrator that engineering
assessment is an accurate means of estimating emissions for that
particular batch emissions episode shall be submitted with the
Precompliance Report, as required in Sec. 63.1335(e)(3).
* * * * *
(9) Individual HAP partial pressures in multicomponent systems
shall be determined using the appropriate method specified in
paragraphs (b)(9)(i) through (b)(9)(iii) of this section.
(i) If the components are miscible, use Raoult's law to calculate
the partial pressures;
(ii) If the solution is a dilute aqueous mixture, use Henry's law
constants to calculate partial pressures;
(iii) If Raoult's law or Henry's law are not appropriate or
available, the owner or operator may use any of the options in
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
(A) Experimentally obtained activity coefficients, Henry's law
constants, or solubility data;
(B) Models, such as group-contribution models, to predict activity
coefficients; or
(C) Assume the components of the system behave independently and
use the summation of all vapor pressures from the HAPs as the total HAP
partial pressure.
* * * * *
(d) Minimum emission level exemption. A batch process vent with
annual emissions of TOC or organic HAP less than 11,800 kg/yr is
considered a Group 2 batch process vent and the owner or operator of
said batch process vent shall comply with the requirements in
Sec. 63.1322(f) or (g). Annual emissions of TOC or organic HAP are
determined at the exit of the batch unit operation, as described in
paragraph (a)(2) of this section, and are determined as specified in
paragraph (b) of this section. The owner or operator of said batch
process vent is not required to comply with the provisions in
paragraphs (e) through (g) of this section.
(e) Determination of average batch vent flow rate and annual
average batch vent flow rate. The owner or operator shall determine the
average batch vent flow rate for each batch emission episode in
accordance with one of the procedures provided in paragraphs (e)(1)
through (e)(2) of this section. The annual average batch vent flow rate
for a batch process vent shall be calculated as specified in paragraph
(e)(3) of this section.
(1) Determination of the average batch vent flow rate for a batch
emission episode by direct measurement shall be made using the
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of
this section.
(i) The volumetric flow rate (FRi) for a batch emission
episode, in standard cubic meters per minute (scmm) at 20 deg.C, shall
be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix
A, as appropriate.
* * * * *
(iii) The average batch vent flow rate for a batch emission episode
shall be calculated using Equation 14 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP09MR99.036
Where:
AFRepisode = Average batch vent flow rate for the batch
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission
episode.
(2) The average batch vent flow rate for a batch emission episode
may be determined by engineering assessment, as defined in paragraph
(b)(6)(i) of this section. All data, assumptions, and procedures used
shall be documented.
(3) The annual average batch vent flow rate for a batch process
vent shall
[[Page 11678]]
be calculated using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP09MR99.037
Where:
AFR = Annual average batch vent flow rate for the batch process vent,
scmm.
DURi = Duration of type i batch emission episodes annually,
hrs/yr.
AFRepisode,i = Average batch vent flow rate for type i batch
emission episode, scmm.
n = Number of types of batch emission episodes venting from the batch
process vent.
* * * * *
(g) Group 1/Group 2 status determination. The owner or operator
shall compare the cutoff flow rate, calculated in accordance with
paragraph (f) of this section, with the annual average batch vent flow
rate, determined in accordance with paragraph (e)(3) of this section.
The group determination status for each batch process vent shall be
made using the criteria specified in paragraphs (g)(1) and (g)(2) of
this section.
(1) If the cutoff flow rate is greater than or equal to the annual
average batch vent flow rate of the stream, the batch process vent is
classified as a Group 1 batch process vent.
(2) If the cutoff flow rate is less than the annual average batch
vent flow rate of the stream, the batch process vent is classified as a
Group 2 batch process vent.
(h) * * *
(1) * * *
(iii) Average concentration of organic compounds containing
halogens and hydrogen halides as measured by Method 26 or 26A, 40 CFR
part 60, appendix A.
* * * * *
(2) The annual mass emissions of halogen atoms for a batch process
vent shall be calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP09MR99.038
Where:
Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (minute/yr),
where standard temperature is 20 deg.C.
AFR = Annual average batch vent flow rate of the batch process vent,
determined according to paragraph (e) of this section, scmm.
Mj,i = Molecular weight of halogen atom i in compound j, kg/
kg-mole.
Lj,i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch process vent.
m = Number of different halogens i in each compound j of the batch
process vent.
Cavgj = Annual average batch vent concentration of
halogenated compound j in the batch process vent as determined by using
Equation 18 of this subpart, dry basis, ppmv.
[GRAPHIC] [TIFF OMITTED] TP09MR99.039
Where:
DURi = Duration of type i batch emission episodes annually,
hrs/yr.
Ci = Average batch vent concentration of halogenated
compound j in type i batch emission episode, ppmv.
n = Number of types of batch emission episodes venting from the batch
process vent.
* * * * *
(i) Process changes affecting Group 2 batch process vents. Whenever
process changes, as described in paragraph (i)(1) of this section, are
made that affect one or more Group 2 batch process vents and that could
reasonably be expected to change one or more Group 2 batch process
vents to Group 1 batch process vents or that could reasonably be
expected to reduce the batch mass input limitation for one or more
Group 2 batch process vents, the owner or operator shall comply with
paragraphs (i)(2) and (3) of this section.
(1) Examples of process changes include the changes listed in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
(i) For all batch process vents, examples of process changes
include, but are not limited to, changes in feedstock type or catalyst
type; or whenever there is replacement, removal, or modification of
recovery equipment considered part of the batch unit operation as
specified in paragraph (a)(2) of this section; or increases in
production capacity or production rate. For purposes of this paragraph
(i), process changes do not include: process upsets; unintentional,
temporary process changes; and changes that are within the margin of
variation on which the original group determination was based.
(ii) For Group 2 batch process vents where the group determination
and batch mass input limitation are based on the expected mix of
products, the situations described in paragraphs (i)(1)(ii)(A) and (B)
of this section shall be considered to be process changes.
(A) The production of combinations of products not considered in
establishing the batch mass input limitation.
(B) The production of a recipe of a product with a total mass of
HAP charged to the reactor during the production of a single batch of
product that is higher than the total mass of HAP for the recipe used
as the single highest-HAP recipe for that product in the batch mass
input limitation determination.
(iii) For Group 2 batch process vents where the group determination
and batch mass input limitation are based on the single highest-HAP
recipe
[[Page 11679]]
(considering all products produced or processed in the batch unit
operation), the production of a recipe having a total mass of HAP
charged to the reactor (during the production of a single batch of
product) that is higher than the total mass of HAP for the highest-HAP
recipe used in the batch mass input limitation determination shall be
considered to be a process change.
(2) For each batch process vent affected by a process change, the
owner or operator shall redetermine the group status by repeating the
procedures specified in paragraphs (b) through (g) of this section, as
applicable; alternatively, engineering assessment, as described in
paragraph (b)(6)(i) of this section, may be used to determine the
effects of the process change.
(3) Based on the results from paragraph (i)(2) of this section,
owners or operators of affected sources shall comply with either
paragraph (i)(3)(i), (ii), or (iii) of this section.
(i) If the group redetermination described in paragraph (i)(2) of
this section indicates that a Group 2 batch process vent has become a
Group 1 batch process vent as a result of the process change, the owner
or operator shall submit a report as specified in Sec. 63.1327(b) and
shall comply with the Group 1 provisions in Secs. 63.1322 through
63.1327 in accordance with Sec. 63.1310(i)(2)(ii).
(ii) If the redetermination described in paragraph (i)(2) of this
section indicates that a Group 2 batch process vent with annual
emissions less than the level specified in paragraph (d) of this
section, that is in compliance with Sec. 63.1322(g), now has annual
emissions greater than or equal to the level specified in paragraph (d)
of this section but remains a Group 2 batch process vent, the owner or
operator shall comply with the provisions in paragraphs (i)(3)(ii)(A)
through (C) of this section.
(A) Redetermine the batch mass input limitation;
(B) Submit a report as specified in Sec. 63.1327(c); and
(C) Comply with Sec. 63.1322(f), beginning with the year following
the submittal of the report submitted according to paragraph
(i)(3)(ii)(B) of this section.
(iii) If the group redetermination described in paragraph (i)(2) of
this section indicates no change in group status or no change in the
relation of annual emissions to the levels specified in paragraph (d)
of this section, the owner or operator shall comply with paragraphs
(i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
(A) The owner or operator shall redetermine the batch mass input
limitation; and
(B) The owner or operator shall submit the new batch mass input
limitation in accordance with Sec. 63.1327(c).
(j) Process changes to new SAN affected sources using a batch
process. Whenever process changes, as described in paragraph (j)(1) of
this section, are made to a new affected source producing SAN using a
batch process that could reasonably be expected to adversely impact the
compliance status (i.e., achievement of 84 percent emission reduction)
of the affected source, the owner or operator shall comply with
paragraphs (j)(2) and (3) of this section.
* * * * *
(3) Where the redetermined percent reduction is less than 84
percent, the owner or operator of the affected source shall submit a
report as specified in Sec. 63.1327(d) and shall comply with
Sec. 63.1322(a)(3) and all associated provisions in accordance with
Sec. 63.1310(i).
43. Section 63.1324 is amended by revising the section title and
paragraphs (a) introductory text, (a)(2), (c) introductory text, and
(c)(4)(ii), (c)(7), (d) introductory text, (e) introductory text, and
(e)(2), (f)(1) introductory text, (f)(1)(ii), and (f)(3); and removing
paragraph (e)(3), to read as follows:
Sec. 63.1324 Batch process vents--monitoring equipment.
(a) General requirements. Each owner or operator of a batch process
vent or aggregate batch vent stream that uses a control device to
comply with the requirements in Sec. 63.1322(a) or Sec. 63.1322(b),
shall install the monitoring equipment specified in paragraph (c) of
this section. All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturer's specifications or
other written procedures that provide adequate assurance that the
equipment would reasonably be expected to monitor accurately.
* * * * *
(2) Except as otherwise provided in this subpart, the owner or
operator shall operate control devices such that the daily average of
monitored parameters, established as specified in paragraph (f) of this
section, remains above the minimum level or below the maximum level, as
appropriate.
* * * * *
(c) Batch process vent and aggregate batch vent stream monitoring
equipment. The monitoring equipment specified in paragraphs (c)(1)
through (c)(8) of this section shall be installed as specified in
paragraph (a) of this section. The parameters to be monitored are
specified in Table 7 of this subpart.
* * * * *
(4) * * *
(ii) A flow measurement device equipped with a continuous recorder
shall be located at the scrubber influent for liquid flow. Gas stream
flow shall be determined using one of the procedures specified in
paragraphs (c)(4)(ii)(A) through (c)(4)(ii)(C) of this section.
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the
owner or operator may determine gas stream flow by the method that had
been utilized to comply with those regulations. A determination that
was conducted prior to the compliance date for this subpart may be
utilized to comply with this subpart if it is still representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least
provide a value for either a representative or the highest gas stream
flow anticipated in the scrubber during representative operating
conditions other than start-ups, shutdowns, or malfunctions. The plan
shall include a description of the methodology to be followed and an
explanation of how the selected methodology will reliably determine the
gas stream flow, and a description of the records that will be
maintained to document the determination of gas stream flow. The owner
or operator shall maintain the plan as specified in Sec. 63.1335(a).
* * * * *
(7) Where a carbon adsorber is used, an integrating regeneration
steam flow or nitrogen flow, or pressure monitoring device having an
accuracy of 10 percent of the flow rate, level, or
pressure, or better, capable of recording the total regeneration steam
flow or nitrogen flow, or pressure (gauge or absolute) for each
regeneration cycle; and a carbon bed temperature monitoring device,
capable of recording the carbon bed temperature after each regeneration
and within 15 minutes of
[[Page 11680]]
completing any cooling cycle are required.
* * * * *
(d) Alternative monitoring parameters. An owner or operator of a
batch process vent or aggregate batch vent stream may request approval
to monitor parameters other than those required by paragraph (c) of
this section. The request shall be submitted according to the
procedures specified in Sec. 63.1327(f) and Sec. 63.1335(f). Approval
shall be requested if the owner or operator:
* * * * *
(e) Monitoring of bypass lines. Owners or operators of a batch
process vent or aggregate batch vent stream using a vent system that
contains bypass lines that could divert emissions away from a control
device used to comply with Sec. 63.1322(a) or Sec. 63.1322(b) shall
comply with either paragraph (e)(1) or (e)(2) of this section.
Equipment such as low leg drains, high point bleeds, analyzer vents,
open-ended valves or lines, and pressure relief valves needed for
safety purposes are not subject to this paragraph (e).
* * * * *
(2) Secure the bypass line damper or valve in the non-diverting
position with a car-seal or a lock-and-key type configuration. A visual
inspection of the seal or closure mechanism shall be performed at least
once every month to ensure that the damper or valve is maintained in
the non-diverting position and emissions are not diverted through the
bypass line. Records shall be generated as specified in
Sec. 63.1326(e)(4).
(f) * * *
(1) For each parameter monitored under paragraph (c) or (d) of this
section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 8
of this subpart, that indicates proper operation of the control device.
The level shall be established in accordance with the procedures
specified in Sec. 63.1334. The level may be based upon a prior
performance test conducted for determining compliance with a regulation
promulgated by EPA, and the owner or operator is not required to
conduct a performance test under Sec. 63.1325, provided that the prior
performance test meets the conditions of Sec. 63.1325(b)(3).
* * * * *
(ii) For aggregate batch vent streams using a control device to
comply with Sec. 63.1322(b)(2), the established level shall reflect the
emission reduction requirement of 90 percent specified in
Sec. 63.1322(b)(2).
* * * * *
(3) The operating day shall be defined as part of establishing the
parameter monitoring level and shall be submitted with the information
in paragraph (f)(2) of this section. The definition of operating day
shall specify the time(s) at which an operating day begins and ends.
The operating day shall not exceed 24 hours.
* * * * *
44. Section 63.1325 is amended by:
a. Revising paragraphs (a), (b) introductory text, (b)(3), (b)(5),
(c) introductory text, (c)(1)(i)(A), (c)(1)(i)(B) introductory text,
(c)(1)(i)(C), (c)(1)(i)(D) introductory text, (c)(1)(ii), (c)(1)(iii)
introductory text, (c)(1)(iii)(A), (c)(1)(v), (c)(2) introductory text,
(d)(1), (d)(2)(ii), (d)(3), (d)(4), (e), and (g); and
b. Removing paragraph (b)(6), to read as follows:
Sec. 63.1325 Batch process vents--performance test methods and
procedures to determine compliance.
(a) Use of a flare. When a flare is used to comply with
Sec. 63.1322(a)(1), Sec. 63.1322(a)(3), Sec. 63.1322(b)(1), or
Sec. 63.1322(b)(3), the owner or operator of an affected source shall
comply with Sec. 63.1333(e).
(b) Exceptions to performance tests. An owner or operator is not
required to conduct a performance test when a control device specified
in paragraphs (b)(1) through (b)(5) of this section is used to comply
with Sec. 63.1322(a)(2) or (a)(3).
* * * * *
(3) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same Methods specified in this section and
either no deliberate process changes have been made since the test, or
the owner or operator can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes. Recovery devices used for
controlling emissions from continuous process vents complying with
Sec. 63.1322(a)(3) are also eligible for the exemption described in
this paragraph (b)(3).
* * * * *
(5) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O.
(c) Batch process vent testing and procedures for compliance with
Sec. 63.1322(a)(2). Except as provided in paragraph (a) or (b) of this
section, an owner or operator using a control device to comply with
Sec. 63.1322(a)(2) shall conduct a performance test using the
procedures specified in paragraph (c)(1) of this section in order to
determine the control efficiency of the control device. An owner or
operator shall determine the percent reduction for the batch cycle
using the control efficiency of the control device as specified in
paragraphs (c)(2)(i) through (c)(2)(iii) of this section and the
procedures specified in paragraph (c)(2) of this section. Compliance
may be based on either total organic HAP or TOC. For purposes of this
paragraph (c), the term ``batch emission episode'' shall have the
meaning ``period of the batch emission episode selected for control,''
which may be the entire batch emission episode or may only be a portion
of the batch emission episode.
(1) * * *
(i) * * *
(A) Alternatively, an owner or operator may choose to test only
those periods of the batch emission episode during which the emission
rate for the entire episode can be determined or during which the
emissions are greater than the average emission rate of the batch
emission episode. The owner or operator choosing either of these
options shall develop an emission profile for the entire batch emission
episode, based on either process knowledge or test data collected, to
demonstrate that test periods are representative. Examples of
information that could constitute process knowledge include
calculations based on material balances and process stoichiometry.
Previous test results may be used provided the results are still
relevant to the current batch process vent conditions.
(B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites if the flow measuring
device is a pitot tube, except that references to particulate matter in
Method 1A do not apply for the purposes of this subpart. No traverse is
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to
determine gas stream volumetric flow rate. Inlet sampling sites shall
be located as specified in paragraphs (c)(1)(i)(B)(1) and
(c)(1)(i)(B)(2) of this section. Outlet sampling sites shall be located
at the outlet of the control device prior to release to the atmosphere.
* * * * *
[[Page 11681]]
(C) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.1323(e).
(D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be
used to determine the concentration of organic HAP or TOC, as
appropriate. Alternatively, any other method or data that has been
validated according to the applicable procedures in Method 301 of
appendix A of this part may be used. The use of Method 25A, 40 CFR part
60, appendix A shall conform with the requirements in paragraphs
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
* * * * *
(ii) If an integrated sample is taken over the entire test period
to determine average batch vent concentration of TOC or total organic
HAP, emissions per batch emission episode shall be calculated using
Equations 19 and 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP09MR99.040
[GRAPHIC] [TIFF OMITTED] TP09MR99.048
Where:
Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Average inlet or outlet concentration of TOC or sample
organic HAP component j of the gas stream for the batch emission
episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch
emission episode, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation is not applicable
if TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
(iii) If grab samples are taken to determine average batch vent
concentration of TOC or total organic HAP, emissions shall be
calculated according to paragraphs (c)(1)(iii)(A) and (B) of this
section.
(A) For each measurement point, the emission rates shall be
calculated using Equations 21 and 22 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP09MR99.041
[GRAPHIC] [TIFF OMITTED] TP09MR99.042
Where:
Epoint = Inlet or outlet emission rate for the measurement
point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Inlet or outlet concentration of TOC or sample organic
HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component
j of the gas stream, gm/gm-mole.
FR=Inlet or outlet flow rate of gas stream for the measurement point,
dry basis, scmm.
n=Number of organic HAP in stream. Note: Summation is not applicable if
TOC emissions are being estimated using a TOC concentration measured
using Method 25A, 40 CFR part 60, appendix A.
* * * * *
(v) If the batch process vent entering a boiler or process heater
with a design capacity less than 44 megawatts is introduced with the
combustion air or as a secondary fuel, the weight-percent reduction of
total organic HAP or TOC across the device shall be determined by
comparing the TOC or total organic HAP in all combusted batch process
vents and primary and secondary fuels with the TOC or total organic
HAP, respectively, exiting the combustion device.
(2) The percent reduction for the batch cycle shall be determined
using Equation 26 of this subpart and the control device efficiencies
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
All information used to calculate the batch cycle percent reduction,
including a definition of the batch cycle identifying all batch
emission episodes, shall be recorded as specified in
Sec. 63.1326(b)(2). This information shall include identification of
those batch emission episodes, or portions thereof, selected for
control.
[[Page 11682]]
[GRAPHIC] [TIFF OMITTED] TP09MR99.043
Where:
PR=Percent reduction
Eunc=Mass rate of TOC or total organic HAP for uncontrolled
batch emission episode i, kg/hr.
Einlet,con=Mass rate of TOC or total organic HAP for
controlled batch emission episode i at the inlet to the control device,
kg/hr.
R=Control efficiency of control device as specified in paragraphs
(c)(2)(i) through (c)(2)(iii) of this section.
n=Number of uncontrolled batch emission episodes, controlled batch
emission episodes, and control devices. The value of n is not
necessarily the same for these three items.
* * * * *
(d) * * *
(1) Sampling sites shall be located at the inlet and outlet of the
scrubber or other halogen reduction device used to reduce halogen
emissions in complying with Sec. 63.1322(c)(1) or at the outlet of the
halogen reduction device used to reduce halogen emissions in complying
with Sec. 63.1322(c)(2).
(2) * * *
(ii) Gas stream volumetric flow rate and/or average batch vent flow
rate shall be determined as specified in Sec. 63.1323(e).
(3) To determine compliance with the percent reduction specified in
Sec. 63.1322(c)(1), the mass emissions for any hydrogen halides and
halogens present at the inlet of the scrubber or other halogen
reduction device shall be summed together. The mass emissions of any
hydrogen halides or halogens present at the outlet of the scrubber or
other halogen reduction device shall be summed together. Percent
reduction shall be determined by subtracting the outlet mass emissions
from the inlet mass emissions and then dividing the result by the inlet
mass emissions and multiplying by 100.
(4) To determine compliance with the emission limit specified in
Sec. 63.1322(c)(2), the annual mass emissions for any hydrogen halides
and halogens present at the outlet of the halogen reduction device and
prior to any combustion device shall be summed together and compared to
the emission limit specified in Sec. 63.1322(c)(2).
* * * * *
(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)(2) 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).
(1) For purposes of this subpart, when the provisions of
Sec. 63.116(c) specify that Method 18, 40 CFR part 60, appendix A,
shall be used, 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 (e)(1)(i) and (e)(1)(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.
(2) When Sec. 63.116(c)(4) refers to complying with an emission
reduction of 98 percent, for purposes of this subpart, the 90 percent
reduction requirement specified in Sec. 63.1322(b)(2) shall apply.
* * * * *
(g) Batch mass input limitation. The batch mass input limitation
required by Sec. 63.1322(g)(1) shall be determined by the owner or
operator such that annual emissions for the batch process vent remain
less than the level specified in Sec. 63.1323(d). The batch mass input
limitation required by Sec. 63.1322(f)(1) shall be determined by the
owner or operator such that annual emissions remain at a level that
ensures that said batch process vent remains a Group 2 batch process
vent, given the actual annual flow rate for said batch process vent
determined according to the procedures specified in Sec. 63.1323(e)(3).
The batch mass input limitation shall be determined using the same
basis, as described in Sec. 63.1323(a)(1), used to make the group
determination (i.e., expected mix of products or highest-HAP recipe.)
The establishment of the batch mass input limitation is not dependent
upon any past production or activity level.
(1) If the expected mix of products serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based on any foreseeable combination of products that the
owner or operator expects to manufacture.
(2) If the single highest-HAP recipe serves as the basis for the
batch mass input limitation, the batch mass input limitation shall be
determined based solely on the production of the single highest-HAP
recipe, considering all products produced or processed in the batch
unit operation.
45. Section 63.1326 is amended by:
a. Revising paragraphs (a) introductory text, (a)(1), and (a)(2),
(a)(3)(i), (a)(4), (a)(7), (a)(8), (a)(9), (b) introductory text,
(b)(2), (b)(3)(ii), (b)(3)(iii), (b)(4)(iv), (d)(1), (d)(2), (e)
introductory text, (e)(1)(i), (e)(1)(ii), (e)(2) introductory text,
(e)(2)(ii), (e)(4), and (f); and
b. Adding paragraph (g), to read as follows:
Sec. 63.1326 Batch process vents--recordkeeping provisions.
(a) Group determination records for batch process vents. Except as
provided in paragraphs (a)(7) and (a)(8) of this section, each owner or
operator of an affected source shall maintain the records specified in
paragraphs (a)(1) through (a)(6) of this section for each batch process
vent subject to the group determination procedures of Sec. 63.1323.
Except for paragraph (a)(1) of this section, the records required by
this paragraph (a) are restricted to the information developed and used
to make the group determination under Secs. 63.1323(b) through
63.1323(g), as appropriate. If an owner or operator did not need to
develop certain information (e.g., annual average batch vent flow rate)
to determine the group status, this paragraph (a) does not require that
additional information be developed. Paragraph (a)(9) of this section
specifies the recordkeeping requirements for Group 2 batch process
vents that are exempt from the batch mass input limitation provisions,
as allowed under Sec. 63.1322(h).
(1) An identification of each unique product that has emissions
from one or
[[Page 11683]]
more batch emission episodes venting from the batch process vent, along
with an identification of the single highest-HAP recipe for each
product and the mass of HAP fed to the reactor for that recipe.
(2) A description of, and an emission estimate for, each batch
emission episode, and the total emissions associated with one batch
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this
section, as appropriate.
(i) If the group determination is based on the expected mix of
products, records shall include the emission estimates for the single
highest-HAP recipe of each unique product identified in paragraph
(a)(1) of this section that was considered in making the group
determination under Sec. 63.1323.
(ii) If the group determination is based on the single highest-HAP
recipe (considering all products produced or processed in the batch
unit operation), records shall include the emission estimates for the
single highest-HAP recipe.
(3) * * *
(i) For Group 2 batch process vents, said emissions shall be
determined at the batch mass input limitation.
* * * * *
(4) The annual average batch vent flow rate for the batch process
vent, determined in accordance with Sec. 63.1323(e).
* * * * *
(7) If a batch process vent is subject to Sec. 63.1322 (a) or (b),
none of the records in paragraphs (a)(1) through (a)(6) of this section
are required.
(8) If the total annual emissions from the batch process vent
during the group determination are less than the appropriate level
specified in Sec. 63.1323(d), only the records in paragraphs (a)(1)
through (a)(3) of this section are required.
(9) For each Group 2 batch process vent that is exempt from the
batch mass input limitation provisions because it meets the criteria of
Sec. 63.1322(h), the records specified in paragraphs (a)(9)(i) and (ii)
shall be maintained.
(i) Documentation of the maximum design capacity of the TPPU; and
(ii) The mass of HAP or material that can be charged annually to
the batch unit operation at the maximum design capacity.
(b) Compliance demonstration records. Each owner or operator of a
batch process vent or aggregate batch vent stream complying with
Sec. 63.1322(a) or (b), shall keep the following records, as
applicable, readily accessible:
* * * * *
(2) If the owner or operator of a batch process vent has chosen to
comply with Sec. 63.1322(a)(2), records documenting the batch cycle
percent reduction as specified in Sec. 63.1325(c)(2); and
(3) * * *
(ii) All visible emission readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination required by Sec. 63.1333(e); and
(iii) Periods when all pilot flames were absent.
(4) * * *
(iv) For a scrubber or other halogen reduction device following a
combustion device to control halogenated batch process vents or
halogenated aggregate batch vent streams, the percent reduction of
total hydrogen halides and halogens as determined under
Sec. 63.1325(d)(3) or the emission limit determined under
Sec. 63.1325(d)(4).
* * * * *
(d) * * *
(1) The owner or operator of a Group 2 batch process vent that has
chosen to comply with Sec. 63.1322(g) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.1322(g)(1) and specified in Sec. 63.1325(g).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(2) The owner or operator of a Group 2 batch process vent that has
chosen to comply with Sec. 63.1322(f) shall keep the following records
readily accessible:
(i) Records designating the established batch mass input limitation
required by Sec. 63.1322(f)(1) and specified in Sec. 63.1325(g).
(ii) Records specifying the mass of HAP or material charged to the
batch unit operation.
(e) Controlled batch process vent continuous compliance records.
Each owner or operator of a batch process vent that has chosen to use a
control device to comply with Sec. 63.1322(a) shall keep the following
records, as applicable, readily accessible:
(1) * * *
(i) For flares, the records specified in Table 7 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 7 of this
subpart shall be maintained in place of batch cycle daily averages.
(2) Records of the batch cycle daily average value of each
continuously monitored parameter, except as provided in paragraph
(e)(2)(iii) of this section, as calculated using the procedures
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
* * * * *
(ii) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle
daily averages. In addition, monitoring data recorded during periods of
non-operation of the TPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions, or periods of start-up, shutdown,
or malfunction shall not be included in computing the batch cycle daily
averages.
* * * * *
(4) Where a seal or closure mechanism is used to comply with
Sec. 63.1324(e)(2), hourly records of whether a diversion was detected
at any time are not required. The owner or operator shall record
whether the monthly visual inspection of the seals or closure
mechanisms has been done, and shall record the occurrence of all
periods when the seal mechanism is broken, the bypass line damper or
valve position has changed, or the key for a lock-and-key type
configuration has been checked out, and records of any car-seal that
has broken.
* * * * *
(f) Aggregate batch vent stream continuous compliance records. In
addition to the records specified in paragraphs (b) and (c) of this
section, each owner or operator of an aggregate batch vent stream using
a control device to comply with Sec. 63.1322(b)(1) or (b)(2) shall keep
the following records readily accessible:
(1) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.1324(c) and listed in Table 7
of this subpart, as applicable, or specified by the Administrator in
accordance with Sec. 63.1327(f), as allowed under Sec. 63.1324(d), with
the exceptions listed in (f)(1)(i) and (f)(1)(ii) of this section.
(i) For flares, the records specified in Table 7 of this subpart
shall be maintained in place of continuous records.
(ii) For carbon adsorbers, the records specified in Table 7 of this
subpart shall be maintained in place of daily averages.
(2) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.1335(d).
(3) For demonstrating compliance with the monitoring of bypass
lines as specified in Sec. 63.1324(e), records as
[[Page 11684]]
specified in paragraphs (e)(3) or (e)(4) of this section, as
appropriate.
(g) Documentation supporting the establishment of the batch mass
input limitation shall include the information specified in paragraphs
(g)(1) through (g)(5) of this section, as appropriate.
(1) Identification of whether the purpose of the batch mass input
limitation is to comply with Sec. 63.1322(f)(1) or (g)(1).
(2) Identification of whether the batch mass input limitation is
based on the single highest-HAP recipe (considering all products) or on
the expected mix of products for the batch process vent as allowed
under Sec. 63.1323(a)(1).
(3) Definition of the operating year, for the purposes of
determining compliance with the batch mass input limitation.
(4) If the batch mass input limitation is based on the expected mix
of products, the owner or operator shall provide documentation that
describes as many scenarios for differing mixes of products (i.e., how
many of each type of product) as the owner or operator desires the
flexibility to accomplish. Alternatively, the owner or operator shall
provide a description of the relationship among the mix of products
that will allow a determination of compliance with the batch mass input
limitation under any number of scenarios.
(5) The mass of HAP or material allowed to be charged to the batch
unit operation per year under the batch mass input limitation.
46. Section 63.1327 is amended by:
a. Revising paragraph (a) introductory text, (b), (c) introductory
text, (c)(2), (d), (e), and (g);
b. Removing paragraph (c)(3); and
c. Adding paragraphs (a)(5) and (a)(6), to read as follows:
Sec. 63.1327 Batch process vents--reporting requirements.
(a) The owner or operator of a batch process vent or aggregate
batch vent stream at an affected source shall submit the information
specified in paragraphs (a)(1) through (a)(6) of this section, as
appropriate, as part of the Notification of Compliance Status specified
in Sec. 63.1335(e)(5).
* * * * *
(5) For each Group 2 batch process vent that is exempt from the
batch mass input limitation provisions because it meets the criteria of
Sec. 63.1322(h), the information specified in Sec. 63.1326(a)(1)
through (3), and the information specified in Sec. 63.1326(a)(4)
through (6) as applicable, calculated at the conditions specified in
Sec. 63.1322(h).
(6) When engineering assessment has been used to estimate emissions
from a batch emissions episode and the criteria specified in
Sec. 63.1323(b)(6)(i)(A) or (B) have been met, the owner or operator
shall submit the information demonstrating that the criteria specified
in Sec. 63.1323(b)(6)(i)(A) or (B) have been met as part of the
Notification of Compliance Status required by Sec. 63.1335(e)(5).
(b) Whenever a process change, as defined in Sec. 63.1323(i)(1), is
made that causes a Group 2 batch process vent to become a Group 1 batch
process vent, the owner or operator shall notify the Administrator and
submit a description of the process change within 180 days after the
process change is made or with the next Periodic Report, whichever is
later. The owner or operator of an affected source shall comply with
the Group 1 batch process vent provisions in Secs. 63.1321 through
63.1327 in accordance with Sec. 63.480(i)(2)(ii).
(c) Whenever a process change, as defined in Sec. 63.1323(i)(1), is
made that causes a Group 2 batch process vent with annual emissions
less than the level specified in Sec. 63.1323(d) for which the owner or
operator has chosen to comply with Sec. 63.1322(g) to have annual
emissions greater than or equal to the level specified in
Sec. 63.1323(d) but remains a Group 2 batch process vent, or if a
process change is made that requires the owner or operator to
redetermine the batch mass input limitation as specified in
Sec. 63.1323(i)(3), the owner or operator shall submit a report within
180 days after the process change is made or with the next Periodic
Report, whichever is later. The following information shall be
submitted:
* * * * *
(2) The batch mass input limitation determined in accordance with
Sec. 63.1322(f)(1).
(d) Whenever a process change, as defined in Sec. 63.1323(j)(1), is
made that causes the percent reduction for all process vents at a new
SAN affected source using a batch process to be less than 84 percent,
the owner or operator shall notify the Administrator and submit a
description of the process change within 180 days after the process
change is made or with the next Periodic Report, whichever is later.
The owner or operator shall comply with Sec. 63.1322(a)(3) and all
associated provisions in accordance with Sec. 63.1310(i).
(e) The owner or operator is not required to submit a report of a
process change if one of the conditions specified in paragraphs (e)(1)
or (e)(2) of this section is met.
(1) The change does not meet the description of a process change in
Sec. 63.1323(i) or (j).
(2) The redetermined group status remains Group 2 for an individual
batch process vent with annual emissions greater than or equal to the
level specified in Sec. 63.1323(d) and the batch mass input limitation
does not decrease, a Group 2 batch process vent with annual emissions
less than the level specified in Sec. 63.1323(d) complying with
Sec. 63.1322(g) continues to have emissions less than the level
specified in Sec. 63.1323(d) and the batch mass input limitation does
not decrease, or the achieved emission reduction remains at 84 percent
or greater for new SAN affected sources using a batch process.
* * * * *
(g) Owners or operators of affected sources complying with
Sec. 63.1324(e), shall comply with paragraph (g)(1) or (g)(2) of this
section, as appropriate.
(1) Submit reports of the times of all periods recorded under
Sec. 63.1326(e)(3) when the batch process vent is diverted from the
control device through a bypass line, with the next Periodic Report.
(2) Submit reports of all occurrences recorded under
Sec. 63.1326(e)(4) in which the seal mechanism is broken, the bypass
line damper or valve position has changed, or the key to unlock the
bypass line damper or valve was checked out, with the next Periodic
Report.
47. Section 63.1328 is revised, to read as follows:
Sec. 63.1328 Heat exchange systems provisions.
(a) Except as specified in paragraph (b) of this section, each
owner or operator of an affected source shall comply with Sec. 63.104,
with the differences noted in paragraphs (c) through (h) of this
section, for the purposes of this subpart.
(b) The provisions of paragraph (a) of this section do not apply to
each process contact cooling tower that is associated with an existing
affected source manufacturing PET.
(c) When the term ``chemical manufacturing process unit'' is used
in Sec. 63.104, the term ``thermoplastic product process unit'' shall
apply for purposes of this subpart, with the exception noted in
paragraph (d) of this section.
(d) When the phrase ``a chemical manufacturing process unit meeting
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart,
except for chemical manufacturing process units meeting the condition
specified in Sec. 63.100(c) of this subpart'' is used in
[[Page 11685]]
Sec. 63.104(a), the term ``a TPPU, except for TPPUs meeting the
condition specified in Sec. 63.1310(b)'' shall apply for purposes of
this subpart.
(e) When Sec. 63.104 refers to Table 4 of subpart F of this part or
Table 9 of subpart G of this part, the owner or operator is only
required to consider organic HAP listed on Table 6 of this subpart,
except for ethylene glycol which need not be considered under this
section, for purposes of this subpart.
(f) When Sec. 63.104(c)(3) and Sec. 63.104(f)(1) specify that the
monitoring plan and records required by Sec. 63.104(f)(1)(i) through
(f)(1)(iv) shall be kept as specified in Sec. 63.103(c), the provisions
of Sec. 63.1335(a) and Sec. 63.1335(h) shall apply for purposes of this
subpart.
(g) When Sec. 63.104(f)(2) requires information to be reported in
the Periodic Reports required by Sec. 63.152(c), the owner or operator
shall instead report the information specified in Sec. 63.104(f)(2) in
the Periodic Reports required by Sec. 63.1335(e)(6), for the purposes
of this subpart.
(h) The compliance date for heat exchange systems subject to the
provisions of this section is specified in Sec. 63.1311.
48. Section 63.1329 is amended by revising paragraphs (a), (c)
introductory text, (c)(1)(i) through (c)(1)(iii), and (c)(2), to read
as follows:
Sec. 63.1329 Process contact cooling towers provisions.
(a) The owner or operator of each new affected source that
manufactures PET is required to comply with paragraph (b) of this
section. The owner or operator of each existing affected source that
manufactures PET using a continuous terephthalic acid high viscosity
multiple end finisher process that utilizes a process contact cooling
tower shall comply with paragraph (c) of this section, and is not
required to comply with paragraph (b) of this section. The compliance
date for process contact cooling towers subject to the provisions of
this section is specified in Sec. 63.1311.
* * * * *
(c) Existing affected source requirements. The owner or operator of
an existing affected source subject to this section who manufactures
PET using a continuous terephthalic acid high viscosity multiple end
finisher process, and who is subject or becomes subject to 40 CFR part
60, subpart DDD, shall maintain an ethylene glycol concentration in the
process contact cooling tower at or below 4.0 percent by weight
averaged on a daily basis over a rolling 14-day period of operating
days. Compliance with this paragraph (c) shall be determined as
specified in paragraphs (c)(1) through (c)(4) of this section. It
should be noted that compliance with this paragraph (c) does not exempt
owners or operators from complying with the provisions of Sec. 63.1330
for those process wastewater streams that are sent to the process
contact cooling tower.
(1) * * *
(i) At least one sample per operating day shall be collected using
the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene
glycol concentration by weight shall be calculated on a daily basis
over a rolling 14-day period of operating days. Each daily average
ethylene glycol concentration so calculated constitutes a performance
test.
(ii) The owner or operator may elect to reduce the sampling program
to any 14 consecutive operating day period once every two calendar
months, if at least seventeen consecutive 14-day rolling average
concentrations immediately preceding the reduced sampling program are
each less than 1.2 weight percent ethylene glycol. If the average
concentration obtained over the 14 operating day sampling during the
reduced test period exceeds the upper 95 percent confidence interval
calculated from the most recent test results in which no one 14-day
average exceeded 1.2 weight percent ethylene glycol, then the owner or
operator shall reinstitute a daily sampling program. The 95 percent
confidence interval shall be calculated as specified in paragraph
(c)(1)(iii) of this section. A reduced program may be reinstituted if
the requirements specified in this paragraph (c)(1)(ii) are met.
(iii) The upper 95 percent confidence interval shall be calculated
using the Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TP09MR99.044
Where:
CI95=95 percent confidence interval
Xi=daily ethylene glycol concentration for each operating
day used to calculate each 14-day rolling average used in test results
to justify implementing the reduced testing program.
n=number of ethylene glycol concentrations.
(2) Measuring an alternative parameter, such as carbon oxygen
demand or biological oxygen demand, that is demonstrated to be directly
proportional to the ethylene glycol concentration shall be allowed.
Such parameter shall be measured during the initial 14-day performance
test during which the facility is shown to be in compliance with the
ethylene glycol concentration standard whereby the ethylene glycol
concentration is determined using the procedures described in paragraph
(c)(1) of this section. The alternative parameter shall be measured on
a daily basis and the average value of the alternative parameter shall
be calculated on a daily basis over a rolling 14-day period of
operating days. Each daily average value of the alternative parameter
constitutes a performance test.
* * * * *
49. Section 63.1330 is amended by revising paragraphs (a) and (b)
and adding paragraph (c), to read as follows:
Sec. 63.1330 Wastewater provisions.
(a) Except as specified in paragraphs (d) and (e) of this section,
the owner or operator of each affected source shall comply, as
specified in paragraph (b) of this section, with the requirements of
Secs. 63.132 through 63.147 for each process wastewater stream
originating at an affected source, with the requirements of Sec. 63.148
for leak inspection provisions, and with the requirements of
Sec. 63.149 for equipment that is subject to Sec. 63.149. Further, the
owner or operator of each affected source shall comply with the
requirements of Sec. 63.105(a) for maintenance wastewater as specified
in paragraph (c) of this section.
[[Page 11686]]
(b) The owner or operator of each affected source shall comply with
the requirements of Secs. 63.132 through 63.149, with the differences
noted in paragraphs (b)(1) through (b)(22) of this section for the
purposes of this subpart.
(1) When the determination of equivalence criteria in
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the
provisions in Sec. 63.6(g) shall apply for the purposes of this
subpart.
(2) When the storage vessel requirements contained in Secs. 63.119
through 63.123 are referred to in Secs. 63.132 through 63.149,
Secs. 63.119 through 63.123 are applicable, with the exception of the
differences referred to in Sec. 63.1314, for the purposes of this
subpart.
(3) When Sec. 63.146(a) requires the submission of a request for
approval to monitor alternative parameters according to the procedures
specified in Sec. 63.151(g) or Sec. 63.152(e), owners or operators
requesting to monitor alternative parameters shall follow the
procedures specified in Sec. 63.1335(g) for the purposes of this
subpart.
(4) When Sec. 63.147(d) requires owners or operators to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), owners
and operators shall instead keep records of the daily average value of
each continuously monitored parameter as specified in Sec. 63.1335(d)
for the purposes of this subpart.
(5) When Secs. 63.132 through 63.149 refer to an ``existing
source,'' the term ``existing affected source,'' as defined in
Sec. 63.1310(a), shall apply for the purposes of this subpart.
(6) When Secs. 63.132 through 63.149 refer to a ``new source,'' the
term ``new affected source,'' as defined in Sec. 63.1310(a), shall
apply for the purposes of this subpart.
(7) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the compliance
dates specified in Sec. 63.1311 shall apply for the purposes of this
subpart.
(8) When Secs. 63.132 through 63.149 refer to table 8, the owners
or operator is only required to consider 1,3-butadiene for purposes of
this subpart. When Secs. 63.132 through 63.149 refer to table 9 or
table 36, the owners or operator is only required to consider organic
HAP listed on table 6 of this subpart for the purposes of this subpart,
except for ethylene glycol which need not be considered. In addition,
when Secs. 63.132 through 63.149 refer to List 1, List 2, and/or List
3, as listed in Table 36 of subpart G of this part, the owner or
operator is only required to consider organic HAP that are also listed
on Table 6 of this subpart, for the purposes of this subpart.
(9) Whenever Secs. 63.132 through 63.149 refer to a ``chemical
manufacturing process unit,'' the term ``thermoplastic product process
unit,'' (or TPPU) as defined in Sec. 63.1312, shall apply for the
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a
chemical manufacturing process unit that meets the criteria of
Sec. 63.100(b) of subpart F of this part,'' the term ``a TPPU as
defined in Sec. 63.1312(b)'' shall apply for the purposes of this
subpart.
(10) Whenever Secs. 63.132 through 63.149 refer to a Group 1
wastewater stream or a Group 2 wastewater stream, the definitions of
these terms contained in Sec. 63.1312 shall apply for the purposes of
this subpart.
(11) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'',
the phrase ``Sec. 63.1310(c)'' shall apply for the purposes of this
subpart. In addition, where Sec. 63.149(d) states ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, or H of this part'', the phrase ``and the item of
equipment is not otherwise exempt from controls by the provisions of
subparts A, F, G, H, or JJJ of this part'' shall apply for the purposes
of this subpart.
(12) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical
manufacturing process unit subject to the new source requirements of 40
CFR 63.100(l)(1) or 40 CFR Sec. 63.100 (l)(2),'' the phrase ``a TPPU
that is part of a new affected source or that is a new affected
source,'' shall apply for the purposes of this subpart.
(13) When the Notification of Compliance Status requirements
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146,
the Notification of Compliance Status requirements contained in
Sec. 63.1335(e)(5) shall apply for the purposes of this subpart. In
addition, when Secs. 63.132 through 63.149 require that information be
reported according to Sec. 63.152(b) in the Notification of Compliance
Status, the owner or operator of an affected source shall report the
specified information in the Notification of Compliance Status required
by Sec. 63.1335(e)(5) for the purposes of this subpart.
(14) When the Periodic Report requirements contained in
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report
requirements contained in Sec. 63.1335(e)(6) shall apply for the
purposes of this subpart. In addition, when Secs. 63.132 through 63.149
require that information be reported in the Periodic Reports required
in Sec. 63.152(c), the owner or operator of an affected source shall
report the specified information in the Periodic Reports required in
Sec. 63.1335(e)(6) for the purposes of this subpart.
(15) When Sec. 63.143(f) specifies that owners or operators shall
establish the range that indicates proper operation of the treatment
process or control device, the owner or operator shall instead comply
with the requirements of Sec. 63.1334(b)(1), (c), or (d) for
establishing parameter level maximums/minimums for the purposes of this
subpart.
(16) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that
``the information on parameter ranges specified in Sec. 63.152(b)(2)''
be reported in the Notification of Compliance Status, owners and
operators of affected sources are instead required to report the
information on parameter levels as specified in Sec. 63.1335(e)(5)(ii)
for the purposes of this subpart.
(17) When the term ``range'' is used in Secs. 63.132 through
63.149, the term ``level'' shall apply instead for the purposes of this
subpart. This level shall be determined using the procedures specified
in Sec. 63.1334.
(18) For the purposes of this subpart, the owner or operator of an
affected source is not required to include process wastewater streams
that contain styrene when conducting performance tests for the purposes
of calculating the required mass removal (RMR) or the actual mass
removal (AMR) under the provisions described in Sec. 63.145(f) or
Sec. 63.145(g). For purposes of this paragraph, a process wastewater
stream is considered to contain styrene if the wastewater stream meets
the requirements in paragraph (b)(18) (i), (ii), (iii), (iv), or (v) of
this section.
(i) The wastewater stream originates at equipment that produces ABS
or ABS latex;
(ii) The wastewater stream originates at equipment that produces
EPS;
(iii) The wastewater stream originates at equipment that produces
MABS;
(iv) The wastewater stream originates at equipment that produces
MBS; or
(v) The wastewater stream originates at equipment that produces
SAN.
(19) When the provisions of Sec. 63.139(c)(1)(ii),
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR
part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR
part 60, appendix A, may be used for the purposes of this subpart. The
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the
requirements in paragraphs (b)(19)(i) and (b)(19)(ii) of this section.
(i) The organic HAP used as the calibration gas for Method 25A, 40
CFR
[[Page 11687]]
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.
(20) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b),
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the
requirements in Sec. 63.1333(e) shall apply.
(21) The owner or operator of a facility which receives a Group 1
wastewater stream, or a residual removed from a Group 1 wastewater
stream, for treatment pursuant to Sec. 63.132(g) is subject to the
requirements of Sec. 63.132(g) with the differences identified in this
section, and is not subject to subpart DD of this part with respect to
that material.
(22) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137''
or ``Secs. 63.133 through 63.147'', the provisions in this section
63.1330 shall apply, for the purposes of this subpart.
(c) For each affected source, the owner or operator shall comply
with the requirements for maintenance wastewater in Sec. 63.105, except
that when Sec. 63.105(a) refers to ``organic HAPs,'' the definition of
organic HAP in Sec. 63.1312 shall apply for the purposes of this
subpart.
* * * * *
50. Section 63.1331 is amended by:
a. Revising paragraphs (a) introductory text, (a)(2), (a)(4),
(a)(5), (a)(6) introductory text, (a)(6)(i), (a)(6)(ii)(A),
(a)(6)(ii)(B), (a)(7), (a)(8) introductory text, (a)(10), and (b);
b. Adding paragraphs (a)(6)(iii), (a)(6)(iv), and (a)(11) through
(a)(13); and
c. Removing and reserving paragraph (a)(9), to read as follows:
Sec. 63.1331 Equipment leak provisions.
(a) Except as provided for in paragraphs (b) and (c) of this
section, the owner or operator of each affected source shall comply
with the requirements of subpart H of this part, with the differences
noted in paragraphs (a)(1) through (a)(13) of this section.
* * * * *
(2) The compliance date for the equipment leak provisions contained
in this section is provided in Sec. 63.1311. Whenever subpart H of this
part refers to the compliance dates specified in any paragraph
contained in Sec. 63.100, the compliance dates listed in
Sec. 63.1311(d) shall instead apply, for the purposes of this subpart.
When Sec. 63.182(c)(4) refers to ``sources subject to subpart F,'' the
phrase ``sources subject to this subpart'' shall apply, for the
purposes of this subpart. In addition, extensions of compliance dates
are addressed by Sec. 63.1311(e) instead of Sec. 63.182(a)(6), for the
purposes of this subpart.
* * * * *
(4) As specified in Sec. 63.1335(e)(5), the Notification of
Compliance Status required by paragraphs Sec. 63.182(a)(2) and
Sec. 63.182(c) shall be submitted within 150 days (rather than 90 days)
of the applicable compliance date specified in Sec. 63.1311 for the
equipment leak provisions.
(5) The information specified by Sec. 63.182(a)(3) and
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of
the Periodic Reports required by Sec. 63.1335(e)(6).
(6) For pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems, owners or operators of affected
sources producing PET shall comply with the requirements of paragraphs
(a)(6)(i) and (a)(6)(ii) of this section instead of with the
requirements of Sec. 63.169. Owners or operators of PET affected
sources shall comply with all other provisions of subpart H of this
part for pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems, except as specified in paragraphs
(a)(6)(iii) through (a)(6)(iv) of this section.
(i) A leak is determined to be detected if there is evidence of a
potential leak found by visual, audible, or olfactory means. Method 21,
40 CFR part 60, appendix A may not be used to determine the presence or
absence of a leak.
(ii)(A) When a leak is detected, it shall be repaired as soon as
practical, but not later than 15 days after it is detected, except as
provided in Sec. 63.171.
(B) The first attempt at repair shall be made no later than 5 days
after each leak is detected.
* * * * *
(iii) An owner or operator is not required to develop an initial
list of identification numbers as would otherwise be required under
Sec. 63.181(b)(1)(i) or Sec. 63.181(b)(4).
(iv) When recording the detection of a leak under
Sec. 63.182(d)(1), the owner or operator of an affected source shall
comply with paragraphs (a)(6)(iv)(A) through (a)(6)(iv)(B) of this
section.
(A) When complying with Sec. 63.181(d)(1), provide an
identification number for the leaking equipment at the time of
recordkeeping. Further, the owner or operator is not required to record
the identification number of the instrument (i.e., Method 21
instrument) because the use of Method 21 is not an acceptable method
for determining a leak under this paragraph (a)(6).
(B) An owner or operator is not required to comply with
Sec. 63.181(d)(4) which requires a record of the maximum instrument
reading measured by Method 21 of 40 CFR part 60, appendix A.
(7) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of
this part, the owner or operator is only required to consider organic
HAP listed on Table 6 of this subpart for purposes of this subpart,
except for ethylene glycol which need not be considered.
(8) When the provisions of subpart H of this part specify that
Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or
Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of
this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall
conform with the requirements in paragraphs (a)(8)(i) and (a)(8)(ii) of
this section.
* * * * *
(9) [Reserved.]
(10) If specific items of equipment, comprising part of a process
unit subject to this subpart, are managed by different administrative
organizations (e.g., different companies, affiliates, departments,
divisions, etc.), those items of equipment may be aggregated with any
TPPU within the affected source for all purposes under subpart H of
this part, providing there is no delay in achieving the applicable
compliance date.
(11) When the terms ``equipment'' and ``equipment leak'' are used
in subpart H of this part, the definitions of these terms in
Sec. 63.1312 shall apply for the purposes of this subpart.
(12) The phrase ``the provisions of subparts F, I, or JJJ of this
part'' shall apply instead of the phrase ``the provisions of subpart F
or I of this part'' throughout Secs. 63.163 and 63.168, for the
purposes of this subpart. In addition, the phrase ``subparts F, I, and
JJJ'' shall apply instead of the phrase ``subparts F and I'' in
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
(13) An owner or operator using a flare to comply with the
requirements of this section shall conduct a compliance demonstration
as specified in Sec. 63.1333(e).
(b) The provisions of this section do not apply to each TPPU
producing PET using a process other than a continuous
[[Page 11688]]
terephthalic acid (TPA) high viscosity multiple end finisher process
that is part of an affected source if all of the equipment leak
components subject to this Sec. 63.1331 in the TPPU are either in
vacuum service or in heavy liquid service.
(1) Owners and operators of a TPPU exempted under paragraph (b) of
this section shall comply with paragraph (b)(1)(i) or (b)(1)(ii) of
this section.
(i) Retain information, data, and analyses used to demonstrate that
all of the components in the exempted TPPU are either in vacuum service
or in heavy liquid service. For components in vacuum service, examples
of information that could document this include, but are not limited
to, analyses of process stream composition and process conditions,
engineering calculations, or process knowledge. For components in heavy
liquid service, such documentation shall include an analysis or
demonstration that the process fluids do not meet the criteria of ``in
light liquid service'' or ``in gas or vapor service.''
(ii) When requested by the Administrator, demonstrate that all of
the components in the TPPU are either in vacuum service or in heavy
liquid service.
(2) If changes occur at a TPPU exempted under paragraph (b) of this
section such that all of the components in the TPPU are no longer
either in vacuum service or in heavy liquid service (e.g., by either
process changes or the addition of new components), the owner or
operator of the affected source shall comply with the provisions of
this section for all of the components at the TPPU. The owner or
operator shall submit a report within 180 days after the process change
is made or the information regarding the process change is known to the
owner or operator. This report may be included in the next Periodic
Report, as specified in paragraph (a)(5) of this section. A description
of the process change shall be submitted with this report.
* * * * *
51. Section 63.1333 is amended by revising the section title and
paragraphs (a) introductory text and (a)(1), (a)(2), (a)(4), and (b)
introductory text; and adding paragraphs (a)(5) and (e), to read as
follows:
Sec. 63.1333 Additional requirements for performance testing.
(a) Performance testing shall be conducted in accordance with
Sec. 63.7 (a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h),
with the exceptions specified in paragraphs (a)(1) through (a)(5) of
this section and the additions specified in paragraphs (b) through (d)
of this section. Sections 63.1314 through 63.1330 also contain specific
testing requirements.
(1) Performance tests shall be conducted according to the
provisions of Sec. 63.7 (e)(1) and (e)(2), except that performance
tests shall be conducted at maximum representative operating conditions
achievable during one of the time periods described in paragraph
(a)(1)(i) of this section, without causing any of the situations
described in paragraph (a)(1)(ii) of this section to occur.
(i) The 6-month period that ends 2 months before the Notification
of Compliance Status is due, according to Sec. 63.1335(e)(5); or the 6-
month period that begins 3 months before the performance test and ends
3 months after the performance test.
(ii) Causing damage to equipment; necessitating that the owner or
operator make product that does not meet an existing specification for
sale to a customer; or necessitating that the owner or operator make
product in excess of demand.
(2) The requirements in Sec. 63.1335(e)(5) should apply instead of
the references in Sec. 63.7(g) to the Notification of Compliance Status
requirements in Sec. 63.9(h).
* * * * *
(4) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 days before the
performance test is scheduled to allow the Administrator the
opportunity to have an observer present during the test. If after 30
days notice for an initially scheduled performance test, there is a
delay (due to operational problems, etc.) in conducting the scheduled
performance test, the owner or operator of an affected facility shall
notify the Administrator as soon as possible of any delay in the
original test date, either by providing at least 7 days prior notice of
the rescheduled date of the performance test, or by arranging a
rescheduled date with the Administrator by mutual agreement.
(5) Performance tests shall be performed no later than 150 days
after the compliance dates specified in this subpart (i.e., in time for
the results to be included in the Notification of Compliance Status),
rather than according to the time periods in Sec. 63.7(a)(2) of subpart
A of this part.
(b) Each owner or operator of an existing affected source producing
MBS complying with Sec. 63.1315(b)(2) shall determine compliance with
the mass emission per mass product standard by using Equation 49 of
this subpart.
[GRAPHIC] [TIFF OMITTED] TP09MR99.045
Where:
ERMBS=Emission rate of organic HAP or TOC from continuous
process vents, kg/Mg product.
Ei=Emission rate of organic HAP or TOC from continuous
process vent i as calculated using the procedures specified in
Sec. 63.116(c)(4), kg/month.
PPM=Amount of polymer produced in one month as determined by
the procedures specified in Sec. 63.1318(b)(1)(ii), Mg/month.
n=Number of continuous process vents.
When determining Ei, when the provisions of
Sec. 63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A,
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may
be used for the purposes of this subpart. The use of Method 25A, 40 CFR
part 60, appendix A, shall conform with the requirements in paragraphs
(b)(1) and (b)(2) of this section.
(e) Notwithstanding any other provision of this subpart, if an
owner or operator of an affected source uses a flare to comply with any
of the requirements of this subpart, the owner or operator shall comply
with paragraphs (e)(1) through (e)(3) of this section. The owner or
operator is not required to conduct a performance test to determine
percent emission reduction or outlet organic HAP or TOC concentration.
If a compliance demonstration has been conducted previously for a
flare, using the techniques specified in paragraphs (e)(1)
[[Page 11689]]
through (e)(3) of this section, that compliance demonstration may be
used to satisfy the requirements of this paragraph if either no
deliberate process changes have been made since the compliance
demonstration, or the results of the compliance demonstration reliably
demonstrate compliance despite process changes.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4);
(2) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6); and
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where
applicable) or Sec. 63.11(b)(8), as appropriate.
52. Section 63.1334 is amended by:
a. Revising paragraphs (a), (b) introductory text, (b)(3)
introductory text, (b)(3)(i)(A) through (b)(3)(i)(D), (b)(3)(ii), (c),
(d), (f)(1) introductory text, (f)(1)(ii), (f)(1)(iii), (f)(2)
introductory text, and (f)(2)(ii);
b. Removing and reserving paragraphs (b)(1) and (e);
c. Removing paragraph (b)(3)(i)(E); and
d. Adding paragraphs (f)(1)(v) and (f)(3) through (f)(7), to read
as follows:
Sec. 63.1334 Parameter monitoring levels and excursions.
(a) Establishment of parameter monitoring levels. The owner or
operator of a control or recovery device that has one or more parameter
monitoring level requirements specified under this subpart shall
establish a maximum or minimum level for each measured parameter. If a
performance test is required by this subpart for a control device, the
owner or operator shall use the procedures in either paragraph (b) or
(c) of this section to establish the parameter monitoring level(s). If
a performance test is not required by this subpart for a control
device, the owner or operator may use the procedures in paragraph (b),
(c) or (d) of this section to establish the parameter monitoring
level(s). When using the procedures specified in paragraph (c) or (d)
of this section, the owner or operator shall submit the information
specified in Sec. 63.1335(e)(3)(vii) for review and approval as part of
the Precompliance Report.
(1) The owner or operator shall operate control and recovery
devices such that the daily average of monitored parameters remains
above the minimum established level or below the maximum established
level, except as otherwise stated in this subpart.
(2) As specified in Sec. 63.1335(e)(5), all established levels,
along with their supporting documentation and the definition of an
operating day, shall be submitted as part of the Notification of
Compliance Status.
(3) Nothing in this section shall be construed to allow a
monitoring parameter excursion caused by an activity that violates
other applicable provisions of subpart A, F, G, or H of this part.
(b) Establishment of parameter monitoring levels based exclusively
on performance tests. In cases where a performance test is required by
this subpart, or the owner or operator of the affected source elects to
do a performance test in accordance with the provisions of this
subpart, and an owner or operator elects to establish a parameter
monitoring level for a control, recovery, or recapture device based
exclusively on parameter values measured during the performance test,
the owner or operator of the affected source shall comply with the
procedures in paragraphs (b)(1) through (b)(4) of this section, as
applicable.
(1) [Reserved.]
* * * * *
(3) Batch process vents. The monitoring level(s) shall be
established using the procedures specified in either paragraph
(b)(3)(i) or (b)(3)(ii) of this section. The procedures specified in
this paragraph (b)(3) may only be used if the batch emission episodes,
or portions thereof, selected to be controlled were tested, and
monitoring data were collected, during the entire period in which
emissions were vented to the control device, as specified in
Sec. 63.1325(c)(1)(i). If the owner or operator chose to test only a
portion of the batch emission episode, or portion thereof, selected to
be controlled, the procedures in paragraph (c) of this section shall be
used.
(i) * * *
(A) The average monitored parameter value shall be calculated for
each batch emission episode, or portion thereof, in the batch cycle
selected to be controlled. The average shall be based on all values
measured during the required performance test.
(B) If the level to be established is a maximum operating
parameter, the level shall be defined as the minimum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the lowest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(C) If the level to be established is a minimum operating
parameter, the level shall be defined as the maximum of the average
parameter values of the batch emission episodes, or portions thereof,
in the batch cycle selected to be controlled (i.e., identify the
emission episode, or portion thereof, which requires the highest
parameter value in order to assure compliance. The average parameter
value that is necessary to assure compliance for that emission episode,
or portion thereof, shall be the level for all emission episodes, or
portions thereof, in the batch cycle, that are selected to be
controlled).
(D) Alternatively, an average monitored parameter value shall be
calculated for the entire batch cycle based on all values measured
during each batch emission episode, or portion thereof, selected to be
controlled.
(ii) Instead of establishing a single level for the batch cycle, as
described in paragraph (b)(3)(i) of this section, an owner or operator
may establish separate levels for each batch emission episode, or
portion thereof, selected to be controlled. Each level shall be
determined as specified in paragraph (b)(3)(i)(A) of this section.
* * * * *
(c) Establishment of parameter monitoring levels based on
performance tests, supplemented by engineering assessments and/or
manufacturer's recommendations. In cases where a performance test is
required by this subpart, or the owner or operator elects to do a
performance test in accordance with the provisions of this subpart, and
an owner or operator elects to establish a parameter monitoring level
for a control, recovery, or recapture device under this paragraph (c),
the owner or operator shall supplement the parameter values measured
during the performance test with engineering assessments and/or
manufacturer's recommendations. Performance testing is not required to
be conducted over the entire range of expected parameter values.
(d) Establishment of parameter monitoring based on engineering
assessments and/or manufacturer's recommendations. In cases where a
performance test is not required by this subpart and an owner or
operator elects to establish a parameter monitoring level for a
control, recovery, or
[[Page 11690]]
recapture device under this paragraph (d), the determination of the
parameter monitoring level shall be based exclusively on engineering
assessments and/or manufacturer's recommendations.
(e) [Reserved.]
(f) Parameter monitoring excursion definitions. (1) With respect to
storage vessels (where the applicable monitoring plan specifies
continuous monitoring), continuous process vents, aggregate batch vent
streams, and process wastewater streams, an excursion means any of the
three cases listed in paragraphs (f)(1)(i) through (f)(1)(iii) of this
section. For a control or recovery device where multiple parameters are
monitored, if one or more of the parameters meets the excursion
criteria in paragraphs (f)(1)(i) through (f)(1)(iii) of this section,
this is considered a single excursion for the control or recovery
device. For each excursion, the owner or operator shall be deemed out
of compliance with the provisions of this subpart, except as provided
in paragraph (g) of this section.
* * * * *
(ii) When the period of control or recovery device operation, with
the exception noted in paragraph (f)(1)(v) of this section, is 4 hours
or greater in an operating day, and monitoring data are insufficient,
as defined in paragraph (f)(1)(iv) of this section, to constitute a
valid hour of data for at least 75 percent of the operating hours.
(iii) When the period of control or recovery device operation, with
the exception noted in paragraph (f)(1)(v) of this section, is less
than 4 hours in an operating day and more than two of the hours during
the period of operation do not constitute a valid hour of data due to
insufficient monitoring data, as defined in paragraph (f)(1)(iv) of
this section.
* * * * *
(v) The periods listed in paragraphs (f)(1)(v)(A) through
(f)(1)(v)(E) of this section are not considered to be part of the
period of control or recovery device operation, for the purposes of
paragraphs (f)(1)(ii) and (f)(1)(iii) of this section.
(A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(B) Start-ups;
(C) Shutdowns;
(D) Malfunctions; or
(E) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(2) With respect to batch process vents, an excursion means one of
the two cases listed in paragraphs (f)(2)(i) and (f)(2)(ii) of this
section. For a control device where multiple parameters are monitored,
if one or more of the parameters meets the excursion criteria in either
paragraph (f)(2)(i) or (f)(2)(ii) of this section, this is considered a
single excursion for the control device. For each excursion, the owner
or operator shall be deemed out of compliance with the provisions of
this subpart, except as provided in paragraph (g) of this section.
* * * * *
(ii) When monitoring data are insufficient for an operating day.
Monitoring data shall be considered insufficient when measured values
are not available for at least 75 percent of the 15-minute periods when
batch emission episodes selected to be controlled are being vented to
the control device during the operating day, using the procedures
specified in paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this
section.
(A) Determine the total amount of time during the operating day
when batch emission episodes selected to be controlled are being vented
to the control device.
(B) Subtract the time during the periods listed in paragraphs
(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(4) of this section from the
total amount of time determined in paragraph (f)(2)(ii)(A) of this
section, to obtain the operating time used to determine if monitoring
data are insufficient.
(1) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(2) Start-ups;
(3) Shutdowns; or
(4) Malfunctions.
(C) Determine the total number of 15-minute periods in the
operating time used to determine if monitoring data are insufficient,
as was determined in accordance with paragraph (f)(2)(ii)(B) of this
section.
(D) If measured values are not available for at least 75 percent of
the total number of 15-minute periods determined in paragraph
(f)(2)(ii)(C) of this section, the monitoring data are insufficient for
the operating day.
(3) For storage vessels where the applicable monitoring plan does
not specify continuous monitoring, an excursion is defined in paragraph
(f)(3)(i) or (ii) of this section, as applicable. For a control or
recovery device where multiple parameters are monitored, if one or more
of the parameters meets the excursion criteria, this is considered a
single excursion for the control or recovery device. For each
excursion, the owner or operator shall be deemed out of compliance with
the provisions of this subpart, except as provided in paragraph (g) of
this section.
(i) If the monitoring plan specifies monitoring a parameter and
recording its value at specific intervals (such as every 15 minutes or
every hour), either of the cases listed in paragraph (f)(3)(i)(A) or
(f)(3)(i)(B) of this section is considered a single excursion for the
control device. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart, except as
provided in paragraph (g) of this section.
(A) When the average value of one or more parameters, averaged over
the duration of the filling period for the storage vessel, is above the
maximum level or below the minimum level established for the given
parameters.
(B) When monitoring data are insufficient. Monitoring data shall be
considered insufficient when measured values are not available for at
least 75 percent of the specific intervals at which parameters are to
be monitored and recorded, according to the storage vessel's monitoring
plan, during the filling period for the storage vessel.
(ii) If the monitoring plan does not specify monitoring a parameter
and recording its value at specific intervals (for example, if the
relevant operating requirement is to exchange a disposable carbon
canister before expiration of its rated service life), the monitoring
plan shall define an excursion in terms of the relevant operating
requirement.
(4) With respect to continuous process vents complying with the
mass emissions per mass product requirements specified in
Sec. 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or
(c)(1)(i), an excursion has occurred when the mass emission rate
calculated as specified in Sec. 63.1318(c) exceeds the appropriate mass
emissions per mass product requirement. For each excursion, the owner
or operator shall be deemed out of compliance with the provisions of
this subpart, except as provided in paragraph (g) of this section.
(5) With respect to continuous process vents complying with the
temperature limits for final condensers specified in
Sec. 63.1316(b)(1)(i)(B) or (c)(1)(ii), an excursion has occurred when
the daily average exit temperature exceeds the appropriate condenser
temperature limit. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart, except as
provided in paragraph (g) of this section. The periods listed in
paragraphs (f)(5)(i)
[[Page 11691]]
through (f)(5)(v) of this section are not considered to be part of the
period of operation for the condenser for purposes of determining the
daily average exit temperature.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(6) With respect to new affected sources producing SAN using a
batch process, an excursion has occurred when the percent reduction
calculated using the procedures specified in Sec. 63.1333(c) is less
than 84 percent. For each excursion, the owner or operator shall be
deemed out of compliance with the provisions of this subpart, except as
provided in paragraph (g) of this section. The periods listed in
paragraphs (f)(6)(i) through (f)(6)(v) of this section are not
considered to be part of the period of control or recovery device
operation for purposes of determining the percent reduction.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions; or
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(7) With respect to continuous process vents complying with the
mass emissions per mass product requirement specified in
Sec. 63.1315(b)(2), an excursion has occurred when the mass emission
rate calculated as specified in Sec. 63.1333(b) exceeds the mass
emissions per mass product requirement specified in Sec. 63.1315(b)(2).
For each excursion, the owner or operator shall be deemed out of
compliance with the provisions of this subpart, except as provided in
paragraph (g) of this section.
* * * * *
53. Section 63.1335 is amended by:
a. Revising paragraphs (a), (b)(1), (b)(2), (d) introductory text,
(d)(2), (d)(3), (d)(6), (d)(7), (d)(8), (d)(9), (e) introductory text,
(e)(1), (e)(2), (e)(3), (e)(4) introductory text, (e)(4)(i), (e)(4)(ii)
introductory text, (e)(4)(ii)(B), (e)(4)(ii)(D), (e)(4)(ii)(F)(2),
(e)(4)(ii)(F)(4), (e)(4)(ii)(F)(5), (e)(4)(ii)(H)(2), (e)(4)(ii)(J)(2),
(e)(4)(ii)(L)(2), (e)(4)(ii)(N), (e)(4)(iii), (e)(4)(iv), (e)(4)(iv)(A)
introductory text, (e)(4)(iv)(B) introductory text, (e)(4)(iv)(C),
(e)(5) introductory text, (e)(5)(i) introductory text, (e)(5)(i)(A),
(e)(5)(ii) introductory text, (e)(5)(iv), (e)(5)(vi) through
(e)(5)(viii), (e)(6) introductory text, (e)(6)(i), (e)(6)(ii),
(e)(6)(iii)(B), (e)(6)(iii)(D) introductory text, (e)(6)(iii)(D)(2),
(e)(6)(iii)(D)(3), (e)(6)(iv), (e)(6)(v)(B), (e)(6)(vi) through
(e)(6)(xi), (e)(7) introductory text, (e)(7)(ii), (e)(8), (f)
introductory text, (f)(3) introductory text, (g) introductory text,
(g)(3) introductory text, (g)(3)(i)(A), (g)(4), (h) introductory text,
(h)(1) introductory text, (h)(1)(ii)(B), (h)(1)(iv), (h)(1)(vi)
introductory text, (h)(1)(vi)(B), (h)(1)(vi)(C), (h)(2)(i), and
(h)(2)(iii);
b. Removing paragraph (d)(10);
c. Removing and reserving paragraphs (c), (d)(4), (d)(5), and
(e)(6)(iii)(C); and
d. Adding paragraphs (e)(4)(iv)(D), (e)(5)(ix) through (e)(5)(xi),
(e)(6)(iii)(D)(4), (e)(6)(xii), (e)(7)(iii), (e)(7)(iv), and
(h)(1)(vi)(D), to read as follows:
Sec. 63.1335 General recordkeeping and reporting provisions.
(a) Data retention. Unless otherwise specified in this subpart, the
owner or operator of an affected source shall keep copies of all
applicable records and reports required by this subpart for at least 5
years, as specified in paragraph (a)(1) of this section, with the
exception listed in paragraph (a)(2) of this section.
(1) All applicable records shall be maintained in such a manner
that they can be readily accessed. The most recent 6 months of records
shall be retained on site or shall be accessible from a central
location by computer or other means that provides access within 2 hours
after a request. The remaining 4 and one-half years of records may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm,
computer, floppy disk, magnetic tape, or microfiche.
(2) If an owner or operator submits copies of reports to the
appropriate EPA Regional Office, the owner or operator is not required
to maintain copies of reports. If the EPA Regional Office has waived
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of
reports, the owner or operator is not required to maintain copies of
those reports.
(b) * * *
(1) Start-up, shutdown, and malfunction plan. The owner or operator
of an affected source shall develop and implement a written start-up,
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This
plan shall describe, in detail, procedures for operating and
maintaining the affected source during periods of start-up, shutdown,
and malfunction and a program for corrective action for malfunctioning
process and air pollution control equipment used to comply with this
subpart. A provision for ceasing to collect, during a start-up,
shutdown, or malfunction, monitoring data that would otherwise be
required by the provisions of this subpart may be included in the
start-up, shutdown, and malfunction plan only if the owner or operator
has demonstrated to the Administrator, through the Precompliance Report
or a supplement to the Precompliance Report, that the monitoring system
would be damaged or destroyed if it were not shut down during the
start-up, shutdown, or malfunction. The affected source shall keep the
start-up, shutdown, and malfunction plan on-site. Records associated
with the plan shall be kept as specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(C) of this section. Reports related to the plan shall
be submitted as specified in paragraph (b)(1)(ii) of this section.
(i) Records of start-up, shutdown, and malfunction. The owner or
operator shall keep the records specified in paragraphs (b)(1)(i)(A)
through (b)(1)(i)(C) of this section.
(A) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of process equipment or control
devices or recovery devices or continuous monitoring systems used to
comply with this subpart during which excess emissions (as defined in
Sec. 63.1310(j)(4)) occur.
(B) For each start-up, shutdown, or malfunction during which excess
emissions (as defined in Sec. 63.1310(j)(4)) occur, records reflecting
whether the procedures specified in the affected source's start-up,
shutdown, and malfunction plan were followed, and documentation of
actions taken that are not consistent with the plan. For example, if a
start-up, shutdown, and malfunction plan includes procedures for
routing a control device to a backup control device, records shall be
kept of whether the plan was followed. These records may take the form
of a ``checklist,'' or other form of recordkeeping that confirms
conformance with the start-up shutdown, and malfunction plan for the
event.
(C) Records specified in paragraphs (b)(1)(i)(A) through
(b)(1)(i)(B) of this section are not required if they pertain solely to
Group 2 emission points that are not included in an emissions average.
(ii) Reports of start-up, shutdown, and malfunction. For the
purposes of this
[[Page 11692]]
subpart, the semiannual start-up, shutdown, and malfunction reports
shall be submitted on the same schedule as the Periodic Reports
required under paragraph (e)(6) of this section instead of being
submitted on the schedule specified in Sec. 63.10(d)(5)(i). Said
reports shall include the information specified in paragraphs
(b)(1)(i)(A) through (b)(1)(i)(B) of this section and shall contain the
name, title, and signature of the owner or operator or other
responsible official who is certifying its accuracy.
(2) Application for approval of construction or reconstruction. For
new affected sources, each owner or operator shall comply with the
provisions in Sec. 63.5 regarding construction and reconstruction,
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H),
(d)(1)(iii), (d)(2), and (d)(3)(ii).
(c) [Reserved.]
(d) Recordkeeping and documentation. Owners or operators required
to keep continuous records shall keep records as specified in
paragraphs (d)(1) through (d)(7) of this section, unless an alternative
recordkeeping system has been requested and approved as specified in
paragraph (g) of this section, and except as provided in paragraph (h)
of this section. If a monitoring plan for storage vessels pursuant to
Sec. 63.1314(a)(9) requires continuous records, the monitoring plan
shall specify which provisions, if any, of paragraphs (d)(1) through
(d)(7) of this section apply. As described in Sec. 63.1314(a)(9),
certain storage vessels are not required to keep continuous records as
specified in this paragraph. Owners and operators of such storage
vessels shall keep records as specified in the monitoring plan required
by Sec. 63.1314(a)(9). Paragraphs (d)(8) and (d)(9) of this section
specify documentation requirements.
* * * * *
(2) The owner or operator shall record either each measured data
value or block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are
measured more frequently than once per minute, a single value for each
minute may be used to calculate the hourly (or shorter period) block
average instead of all measured values. Owners or operators of batch
process vents shall record each measured data value.
(3) Daily average (or batch cycle daily average) values of each
continuously monitored parameter shall be calculated for each operating
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this
section, except as specified in paragraphs (d)(6) and (d)(7) of this
section.
(i) The daily average value or batch cycle daily average shall be
calculated as the average of all parameter values recorded during the
operating day, except as specified in paragraph (d)(7) of this section.
For batch process vents, as specified in Sec. 63.1326(e)(2)(i), only
parameter values measured during those batch emission episodes, or
portions thereof, in the batch cycle that the owner or operator has
chosen to control shall be used to calculate the average. The
calculated average shall cover a 24-hour period if operation is
continuous, or the number of hours of operation per operating day if
operation is not continuous.
(ii) The operating day shall be the period the owner or operator
specifies in the operating permit or the Notification of Compliance
Status for purposes of determining daily average values or batch cycle
daily average values of monitored parameters.
(4) [Reserved.]
(5) [Reserved.]
(6) Records required when all recorded values are within the
established limits. If all recorded values for a monitored parameter
during an operating day are above the minimum level or below the
maximum level established in the Notification of Compliance Status or
operating permit, the owner or operator may record that all values were
above the minimum level or below the maximum level rather than
calculating and recording a daily average (or batch cycle daily
average) for that operating day.
(7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not be
included in any average computed under this subpart. Records shall be
kept of the times and durations of all such periods and any other
periods during process or control device or recovery device operation
when monitors are not operating.
(i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
(ii) Start-ups;
(iii) Shutdowns;
(iv) Malfunctions;
(v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
(8) For continuous monitoring systems used to comply with this
subpart, records documenting the completion of calibration checks, and
records documenting the maintenance of continuous monitoring systems
that are specified in the manufacturer's instructions or that are
specified in other written procedures that provide adequate assurance
that the equipment would reasonably be expected to monitor accurately.
(9) The owner or operator of an affected source granted a waiver
under Sec. 63.10(f) shall maintain the information, if any, specified
by the Administrator as a condition of the waiver of recordkeeping or
reporting requirements.
(e) Reporting and notification. In addition to the reports and
notifications required by subpart A of this part as specified in Table
1 of this subpart, the owner or operator of an affected source shall
prepare and submit the reports listed in paragraphs (e)(3) through
(e)(8) of this section, as applicable. All reports required by this
subpart, and the schedule for their submittal, are listed in Table 9 of
this subpart.
(1) Owners and operators shall not be in violation of the reporting
requirements of this subpart for failing to submit information required
to be included in a specified report if the owner or operator meets the
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this
section. Examples of circumstances where this paragraph may apply
include information related to newly-added equipment or emission
points, changes in the process, changes in equipment required or
utilized for compliance with the requirements of this subpart, or
changes in methods or equipment for monitoring, recordkeeping, or
reporting.
(i) The information was not known in time for inclusion in the
report specified by this subpart;
(ii) The owner or operator has been diligent in obtaining the
information; and
(iii) The owner or operator submits a report according to the
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this
section.
(A) If this subpart expressly provides for supplements to the
report in which the information is required, the owner or operator
shall submit the information as a supplement to that report. The
information shall be submitted no later than 60 days after it is
obtained, unless otherwise specified in this subpart.
(B) If this subpart does not expressly provide for supplements, but
the owner or operator must submit a request for revision of an
operating permit pursuant to part 70 or part 71, due to circumstances
to which the information pertains, the owner or operator shall submit
the information with the request for revision to the operating permit.
(C) In any case not addressed by paragraph (e)(1)(iii)(A) or
(e)(1)(iii)(B) of
[[Page 11693]]
this paragraph, the owner or operator shall submit the information with
the first Periodic Report, as required by this subpart, which has a
submission deadline at least 60 days after the information is obtained.
(2) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. If
acceptable to both the Administrator and the owner or operator of an
affected source, reports may be submitted on electronic media.
(3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec. 63.1323(b)(6)(i)(C); wishing to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.1334(c) or (d); or requesting approval to incorporate a
provision for ceasing to collect monitoring data, during a start-up,
shutdown, or malfunction, into the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as permitted under
Sec. 63.1310(j)(3), shall submit a Precompliance Report according to
the schedule described in paragraph (e)(3)(i) of this section. The
Precompliance Report shall contain the information specified in
paragraphs (e)(3)(ii) through (e)(3)(viii) of this section, as
appropriate.
(i) Submittal dates. The Precompliance Report shall be submitted to
the Administrator no later than 12 months prior to the compliance date.
Unless the Administrator objects to a request submitted in the
Precompliance Report within 45 days after its receipt, the request
shall be deemed approved. For new affected sources, the Precompliance
Report shall be submitted to the Administrator with the application for
approval of construction or reconstruction required in paragraph (b)(2)
of this section. Supplements to the Precompliance Report may be
submitted as specified in paragraph (e)(3)(ix) of this section.
(ii) A request for an extension for compliance, as specified in
Sec. 63.1311(e), may be submitted in the Precompliance Report. The
request for a compliance extension shall include the data outlined in
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1311(e)(1).
(iii) The alternative monitoring parameter information required in
paragraph (f) of this section shall be submitted in the Precompliance
Report if, for any emission point, the owner or operator of an affected
source seeks to comply through the use of a control technique other
than those for which monitoring parameters are specified in this
subpart or in subpart G of this part or seeks to comply by monitoring a
different parameter than those specified in this subpart or in subpart
G of this part.
(iv) If the affected source seeks to comply using alternative
continuous monitoring and recordkeeping as specified in paragraph (g)
of this section, the owner or operator shall submit a request for
approval in the Precompliance Report.
(v) The owner or operator shall report the intent to use
alternative controls to comply with the provisions of this subpart in
the Precompliance Report. The Administrator may deem alternative
controls to be equivalent to the controls required by the standard,
under the procedures outlined in Sec. 63.6(g).
(vi) If a request for approval to use engineering assessment to
estimate emissions from a batch emissions episode, as described in
Sec. 63.1323(b)(6)(i)(C) is being made, the information required by
Sec. 63.1323(b)(6)(ii)(B) shall be submitted in the Precompliance
Report.
(vii) If an owner or operator establishes parameter monitoring
levels according to the procedures contained in Sec. 63.1334(c) or (d),
the following information shall be submitted in the Precompliance
Report:
(A) Identification of which procedures (i.e., Sec. 63.1334(c) or
(d)) are to be used; and
(B) A description of how the parameter monitoring level is to be
established. If the procedures in Sec. 63.1334(c) are to be used, a
description of how performance test data will be used shall be
included.
(viii) If the owner or operator is requesting approval to
incorporate a provision for ceasing to collect monitoring data, during
a start-up, shutdown, or malfunction, into the start-up, shutdown, and
malfunction plan, when that monitoring equipment would be damaged if it
did not cease to collect monitoring data, the information specified in
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the
Precompliance Report or in a supplement to the Precompliance Report.
The Administrator shall evaluate the supporting documentation and shall
approve the request only if, in the Administrator's judgment, the
specific monitoring equipment would be damaged by the contemporaneous
start-up, shutdown, or malfunction.
(A) Documentation supporting a claim that the monitoring equipment
would be damaged by the contemporaneous start-up, shutdown, or
malfunction; and
(B) A request to incorporate such a provision for ceasing to
collect monitoring data during a start-up, shutdown, or malfunction,
into the start-up, shutdown, and malfunction plan.
(ix) Supplements to the Precompliance Report may be submitted as
specified in paragraphs (e)(3)(ix)(A) or (e)(3)(ix)(B) of this section.
Unless the Administrator objects to a request submitted in a supplement
to the Precompliance Report within 45 days after its receipt, the
request shall be deemed approved.
(A) Supplements to the Precompliance Report may be submitted to
clarify or modify information previously submitted.
(B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(3)(v) of this section; to use engineering assessment to estimate
emissions from a batch emissions episode, as specified in paragraph
(e)(3)(vi) of this section; to establish parameter monitoring levels
according to the procedures contained in Sec. 63.1334(c) or (d), as
specified in paragraph (e)(3)(vii) of this section; or to include a
provision for ceasing to collect monitoring data during a start-up,
shutdown, or malfunction, in the start-up, shutdown, and malfunction
plan, when that monitoring equipment would be damaged if it did not
cease to collect monitoring data, as specified in paragraph
(e)(3)(viii) of this section.
(4) Emissions Averaging Plan. For all existing affected sources
using emissions averaging, an Emissions Averaging Plan shall be
submitted for approval according to the schedule and procedures
described in paragraph (e)(4)(i) of this section. The Emissions
Averaging Plan shall contain the information specified in paragraph
(e)(4)(ii) of this section, unless the information required in
paragraph (e)(4)(ii) of this section is submitted with an operating
permit application. An owner or operator of an affected source who
submits an operating permit application instead of an Emissions
Averaging Plan shall submit the information specified in paragraph
(e)(8)
[[Page 11694]]
of this section. In addition, a supplement to the Emissions Averaging
Plan, as required under paragraph (e)(4)(iii) of this section, is to be
submitted whenever additional alternative controls or operating
scenarios may be used to comply with this subpart. Updates to the
Emissions Averaging Plan shall be submitted in accordance with
paragraph (e)(4)(iv) of this section.
(i) Submittal and approval. The Emissions Averaging Plan shall be
submitted no later than 18 months prior to the compliance date, and it
is subject to Administrator approval. The Administrator shall determine
within 120 days whether the Emissions Averaging Plan submitted presents
sufficient information. The Administrator shall either approve the
Emissions Averaging Plan, request changes, or request that the owner or
operator submit additional information. Once the Administrator receives
sufficient information, the Administrator shall approve, disapprove, or
request changes to the plan within 120 days.
(ii) Information required. The Emissions Averaging Plan shall
contain the information listed in paragraphs (e)(4)(ii)(A) through
(e)(4)(ii)(N) of this section for all emission points included in an
emissions average.
* * * * *
(B) The required information shall include the projected emission
debits and credits for each emission point and the sum for the emission
points involved in the average calculated according to Sec. 63.1332.
The projected credits shall be greater than or equal to the projected
debits, as required under Sec. 63.1332(e)(3).
* * * * *
(D) The required information shall include the specific
identification of each emission point affected by a pollution
prevention measure. To be considered a pollution prevention measure,
the criteria in Sec. 63.1332(j)(1) shall be met. If the same pollution
prevention measure reduces or eliminates emissions from multiple
emission points in the average, the owner or operator shall identify
each of these emission points.
* * * * *
(F) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(4) The required documentation shall include the anticipated
nominal efficiency if a control technology achieving a greater percent
emission reduction than the efficiency of the reference control
technology is or will be applied to the emission point. The procedures
in Sec. 63.1332(i) shall be followed to apply for a nominal efficiency,
and the report specified in paragraph (e)(7)(ii) of this section shall
be submitted with the Emissions Averaging Plan as specified in
paragraph (e)(7)(ii)(A) of this section.
(5) The required documentation shall include the monitoring plan
specified in Sec. 63.122(b), to include the information specified in
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii)
for each storage vessel controlled with a closed-vent system using a
control device other than a flare.
* * * * *
(H) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(J) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the emission debit and credit
calculations in Sec. 63.1332(g) and (h). These parameter values shall
be specified in the affected source's Emissions Averaging Plan (or
operating permit) as enforceable operating conditions. Changes to these
parameters shall be reported as required by paragraph (e)(4)(iv) of
this section.
* * * * *
(L) * * *
(2) The required documentation shall include the estimated values
of all parameters needed for input to the wastewater emission credit
and debit calculations in Sec. 63.1332(g) and (h). These parameter
values shall be specified in the affected source's Emissions Averaging
Plan (or operating permit) as enforceable operating conditions. Changes
to these parameters shall be reported as required by paragraph
(e)(4)(iv) of this section.
* * * * *
(N) The required information shall include documentation of the
data required by Sec. 63.1332(k). The documentation shall demonstrate
that the emissions from the emission points proposed to be included in
the 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 not included in an emissions average.
(iii) Supplement to Emissions Averaging Plan. The owner or operator
required to prepare an Emissions Averaging Plan under paragraph (e)(4)
of this section shall also prepare a supplement to the Emissions
Averaging Plan for any additional alternative controls or operating
scenarios that may be used to achieve compliance.
(iv) Updates to Emissions Averaging Plan. The owner or operator of
an affected source required to submit an Emissions Averaging Plan under
paragraph (e)(4) of this section shall also submit written updates of
the Emissions Averaging Plan to the Administrator for approval under
the circumstances described in paragraphs (e)(4)(iv)(A) through
(e)(4)(iv)(C) of this section unless the relevant information has been
included and submitted in an operating permit application or amendment.
(A) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
* * * * *
(B) The owner or operator who has made a change as defined in
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall
submit an Emissions Averaging Plan update within 90 days after the
information regarding the change is known to the affected source. The
update may be submitted in the next quarterly periodic report if the
change is made after the date the Notification of Compliance Status is
due.
* * * * *
(C) The owner or operator who plans to make a change listed in
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section
shall submit an Emissions Averaging Plan update at least 120 days prior
to making the change.
(D) The Administrator shall approve or request changes to the
Emissions Averaging Plan update within 120 days of receipt of
sufficient information regarding the change for emission points
included in emissions averages.
[[Page 11695]]
(5) Notification of Compliance Status. For existing and new
affected sources, a Notification of Compliance Status shall be
submitted. For equipment leaks subject to Sec. 63.1331, the owner or
operator shall submit the information required in Sec. 63.182(c) in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for equipment leaks in the affected source,
and an update shall be provided in the first Periodic Report that is
due at least 150 days after each subsequent applicable compliance date
for equipment leaks in the affected source. For all other emission
points, including heat exchange systems, the Notification of Compliance
Status shall contain the information listed in paragraphs (e)(5)(i)
through (e)(5)(xi) of this section, as applicable, and shall be
submitted no later than 150 days after the compliance dates specified
in this subpart.
(i) The results of any emission point group determinations, process
section applicability determinations, performance tests, inspections,
continuous monitoring system performance evaluations, any other
information used to demonstrate compliance, values of monitored
parameters established during performance tests, and any other
information required to be included in the Notification of Compliance
Status under Secs. 63.1311(l), 63.122, and 63.1314 for storage vessels,
Sec. 63.117 for continuous process vents, Sec. 63.146 for process
wastewater, Secs. 63.1316 through 63.1320 for continuous process vents
subject to Sec. 63.1316, Sec. 63.1327 for batch process vents,
Sec. 63.1329 for process contact cooling towers, and Sec. 63.1332 for
emission points included in an emissions average. In addition, the
owner or operator of an affected source shall comply with paragraph
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
(A) For performance tests, group determinations, and process
section applicability determinations that are based on measurements,
the Notification of Compliance Status shall include one complete test
report, as described in paragraph (e)(5)(i)(B) of this section, for
each test method used for a particular kind of emission point. For
additional tests performed for the same kind of emission point using
the same method, the results and any other information, from the test
report, that is requested on a case-by-case basis by the Administrator
shall be submitted, but a complete test report is not required.
(ii) For each monitored parameter for which a maximum or minimum
level is required to be established under Sec. 63.114(e) for continuous
process vents, Sec. 63.1324 for batch process vents and aggregate batch
vent streams, Sec. 63.143(f) for process wastewater, Sec. 63.1332(m)
for emission points in emissions averages, paragraph (e)(8) of this
section, or paragraph (f) of this section, the Notification of
Compliance Status shall contain the information specified in paragraphs
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this
information has been established and provided in the operating permit
application. Further, as described in Sec. 63.1314(a)(9), for those
storage vessels for which the monitoring plan required by
Sec. 63.1314(a)(9) specifies compliance with the provisions of
Sec. 63.1334, the owner or operator shall provide the information
specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this
section for each monitored parameter, unless this information has been
established and provided in the operating permit application. For those
storage vessels for which the monitoring plan required by
Sec. 63.1314(a)(9) does not require compliance with the provisions of
Sec. 63.1334, the owner or operator shall provide the information
specified in Sec. 63.120(d)(3) as part of the Notification of
Compliance Status, unless this information has been established and
provided in the operating permit application.
* * * * *
(iv) The determination of applicability for flexible operation
units as specified in Sec. 63.1310(f).
* * * * *
(vi) The results for each predominant use determination made under
Sec. 63.1310(g), for storage vessels assigned to an affected source
subject to this subpart.
(vii) The results for each predominant use determination made under
Sec. 63.1310(h), for recovery operations equipment assigned to an
affected source subject to this subpart.
(viii) For owners or operators of Group 2 batch process vents
establishing a batch mass input limitation as specified in
Sec. 63.1325(g), the affected source's operating year for purposes of
determining compliance with the batch mass input limitation.
(ix) If any emission point is subject to this subpart and to other
standards as specified in Sec. 63.1311, and if the provisions of
Sec. 63.1311 allow the owner or operator to choose which testing,
monitoring, reporting, and recordkeeping provisions will be followed,
then the Notification of Compliance Status shall indicate which rule's
requirements will be followed for testing, monitoring, reporting, and
recordkeeping.
(x) An owner or operator who transfers a Group 1 wastewater stream
or residual removed from a Group 1 wastewater stream for treatment
pursuant to Sec. 63.132(g) shall include in the Notification of
Compliance Status the name and location of the transferee and a
description of the Group 1 wastewater stream or residual sent to the
treatment facility.
(xi) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Notification of
Compliance Status or as part of the appropriate Periodic Report as
specified in paragraph (e)(6)(ix) of this section.
(6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i) through (e)(6)(xi) of this section. In addition,
for equipment leaks subject to Sec. 63.1331, the owner or operator
shall submit the information specified in Sec. 63.182(d) under the
conditions listed in Sec. 63.182(d), and for heat exchange systems
subject to Sec. 63.1328, the owner or operator shall submit the
information specified in Sec. 63.104(f)(2) as part of the Periodic
Report required by this paragraph (e)(6). Section 63.1334 shall govern
the use of monitoring data to determine compliance for Group 1
emissions points and for Group 1 and Group 2 emission points included
in emissions averages with the following exception: As discussed in
Sec. 63.1314(a)(9), for storage vessels to which the provisions of
Sec. 63.1334 do not apply, as specified in the monitoring plan required
by Sec. 63.120(d)(2), the owner or operator is required to comply with
the requirements set out in the monitoring plan, and monitoring records
may be used to determine compliance.
(i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of
this section, a report containing the information in paragraph
(e)(6)(ii) of this section or containing the information in paragraphs
(e)(6)(iii) through (e)(6)(x) of this section, as appropriate, shall be
submitted semiannually no later than 60 days after the end of each 6-
month period. The first report shall be submitted no later than 240
days after the date the Notification of Compliance Status is due and
shall cover the 6-month period beginning on the date the Notification
of Compliance Status is due.
(ii) If none of the compliance exceptions specified in paragraphs
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period, the Periodic Report required by
[[Page 11696]]
paragraph (e)(6)(i) of this section shall be a statement that there
were no compliance exceptions as described in this paragraph for the 6-
month period covered by that report and no activities specified in
paragraphs (e)(6)(iii) through (e)(6)(ix) of this section occurred
during the 6-month period covered by that report.
(iii) * * *
(B) The daily average values or batch cycle daily average values of
monitored parameters for both excused excursions, as defined in
Sec. 63.1334(g), and unexcused excursions, as defined in
Sec. 63.1334(f). For excursions caused by lack of monitoring data, the
start-time and duration of periods when monitoring data were not
collected shall be specified.
(C) [Reserved.]
(D) The information in paragraphs (e)(6)(iii)(D)(1) through
(e)(6)(iii)(D)(4) of this section, as applicable:
* * * * *
(2) Notification if a process change is made such that the group
status of any emission point changes from Group 2 to Group 1. The owner
or operator is not required to submit a notification of a process
change if that process change caused the group status of an emission
point to change from Group 1 to Group 2. However, until the owner or
operator notifies the Administrator that the group status of an
emission point has changed from Group 1 to Group 2, the owner or
operator is required to continue to comply with the Group 1
requirements for that emission point. This notification may be
submitted at any time.
(3) Notification if one or more emission point(s) (other than
equipment leaks) or one or more TPPU is added to an affected source.
The owner or operator shall submit the information contained in
paragraphs (e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this
section:
(i) A description of the addition to the affected source; and
(ii) Notification of the group status of the additional emission
point or all emission points in the TPPU.
(4) For process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the treatment
facility or transferee.
* * * * *
(iv) For each batch process vent with a batch mass input
limitation, every second Periodic Report shall include the mass of HAP
or material input to the batch unit operation during the 12-month
period covered by the preceding and current Periodic Reports, and a
statement of whether the batch process vent was in or out of compliance
with the batch mass input limitation.
(v) * * *
(B) For additional tests performed for the same kind of emission
point using the same method, results and any other information,
pertaining to the performance test, that is requested on a case-by-case
basis by the Administrator shall be submitted, but a complete test
report is not required.
(vi) Notification of a change in the primary product of a TPPU, in
accordance with the provisions in Sec. 63.1310(f). This includes a
change in primary product from one thermoplastic product to either
another thermoplastic product or to a non-thermoplastic product.
(vii) The results for each change made to a predominant use
determination made under Sec. 63.1310(g) for a storage vessel that is
assigned to an affected source subject to this subpart after the
change.
(viii) The Periodic Report shall include the results for each
change made to a predominant use determination made under
Sec. 63.1310(h) for recovery operations equipment assigned to an
affected source subject to this subpart after the change.
(ix) An owner or operator complying with paragraph (h)(1) of this
section shall notify the Administrator of the election to comply with
paragraph (h)(1) of this section as part of the Periodic Report or as
part of the Notification of Compliance Status as specified in paragraph
(e)(5)(xi) of this section.
(x) An owner or operator electing not to retain daily average or
batch cycle daily average values under paragraph (h)(2) of this section
shall notify the Administrator as specified in paragraph (h)(2)(i) of
this section.
(xi) The owner or operator of an affected source shall submit
quarterly reports for all emission points included in an emissions
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C)
of this section.
(A) The quarterly reports shall be submitted no later than 60 days
after the end of each quarter. The first report shall be submitted with
the Notification of Compliance Status no later than 150 days after the
compliance date.
(B) The quarterly reports shall include the information specified
in paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section
for all emission points included in an emissions average.
(1) The credits and debits calculated each month during the
quarter;
(2) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as
required under Sec. 63.1332(e)(4);
(3) The values of any inputs to the debit and credit equations in
Sec. 63.1332 (g) and (h) that change from month to month during the
quarter or that have changed since the previous quarter;
(4) Results of any performance tests conducted during the reporting
period including one complete report for each test method used for a
particular kind of emission point as described in paragraph (e)(6)(v)
of this section;
(5) Reports of daily average (or batch cycle daily average) values
of monitored parameters for excursions as defined in Sec. 63.1334(f);
(6) For excursions caused by lack of monitoring data, the duration
of periods when monitoring data were not collected shall be specified;
and
(7) Any other information the affected source is required to report
under the operating permit or Emissions Averaging Plan for the affected
source.
(C) Every fourth quarterly report shall include the following:
(1) A demonstration that annual credits are greater than or equal
to annual debits as required by Sec. 63.1332(e)(3); and
(2) A certification of compliance with all the emissions averaging
provisions in Sec. 63.1332.
(xii) The owner or operator of an affected source shall submit
quarterly reports for particular emission points and process sections
not included in an emissions average as specified in paragraphs
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
(A) The owner or operator of an affected source shall submit
quarterly reports for a period of 1 year for an emission point or
process section that is not included in an emissions average if:
(1) A control or recovery device for a particular emission point or
process section has more excursions, as defined in Sec. 63.1334(f),
than the number of excused excursions allowed under Sec. 63.1334(g) for
a semiannual reporting period; or
(2) The Administrator requests that the owner or operator submit
quarterly reports for the emission point or process section.
(B) The quarterly reports shall include all information specified
in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable
to the emission point or process section for which quarterly reporting
is required under paragraph (e)(6)(xii)(A) of this section. Information
applicable to other emission points within the affected source shall be
submitted in the semiannual reports required under paragraph (e)(6)(i)
of this section.
[[Page 11697]]
(C) Quarterly reports shall be submitted no later than 60 days
after the end of each quarter.
(D) After quarterly reports have been submitted for an emission
point for 1 year without more excursions occurring (during that year)
than the number of excused excursions allowed under Sec. 63.1334(g),
the owner or operator may return to semiannual reporting for the
emission point or process section.
(7) Other reports. Other reports shall be submitted as specified in
paragraphs (e)(7)(i) through (e)(7)(iv) of this section.
* * * * *
(ii) For owners or operators of affected sources required to
request approval for a nominal control efficiency for use in
calculating credits for an emissions average, the information specified
in Sec. 63.1332(i) shall be submitted as specified in paragraph
(e)(7)(ii) (A) or (B) of this section, as appropriate.
(A) If use of a nominal control efficiency is part of the initial
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this
section, the information in paragraph (e)(7)(ii) of this section shall
be submitted with the Emissions Averaging Plan.
(B) If an owner or operator elects to use a nominal control
efficiency after submittal of the initial Emissions Averaging Plan as
described in paragraph (e)(4)(ii) of this section, the information in
paragraph (e)(7)(ii) of this section shall be submitted at the
discretion of the owner or operator.
(iii) When the conditions of Sec. 63.1310(f)(3)(i) or
Sec. 63.1310(f)(4)(i) are met, reports of changes to the primary
product for a TPPU or process unit as required by
Sec. 63.1310(f)(3)(ii) or (f)(4)(ii), respectively, shall be submitted.
(iv) Owners or operators of TPPU or emission points (other than
equipment leak components subject to Sec. 63.1331) that are subject to
Sec. 63.1310(i)(1) or (i)(2) shall submit a report as specified in
paragraphs (e)(7)(iv) (A) and (B) of this section.
(A) Reports shall include:
(1) A description of the process change or addition, as
appropriate;
(2) The planned start-up date and the appropriate compliance date,
according to Sec. 63.1310(i) (1) or (2); and
(3) Identification of the group status of emission points (except
equipment leak components subject to Sec. 63.1331) specified in
paragraphs (e)(7)(iv)(A)(3)(i) through (e)(7)(iv)(A)(3)(iii) of this
section, as applicable.
(i) All the emission points in the added TPPU as described in
Sec. 63.1310(i)(1).
(ii) All the emission points in an affected source designated as a
new affected source under Sec. 63.1310(i)(2)(i).
(iii) All the added or created emission points as described in
Sec. 63.1310(i)(2)(ii).
(4) If the owner or operator wishes to request approval to use
alternative monitoring parameters, alternative continuous monitoring or
recordkeeping, alternative controls, engineering assessment to estimate
emissions from a batch emissions episode, or wishes to establish
parameter monitoring levels according to the procedures contained in
Sec. 63.1334 (c) or (d), a Precompliance Report shall be submitted in
accordance with paragraph (e)(7)(iv)(B) of this section.
(B) Reports shall be submitted as specified in paragraphs
(e)(7)(iv)(B)(1) through (e)(7)(iv)(B)(3) of this section, as
appropriate.
(1) Owners or operators of an added TPPU subject to
Sec. 63.1310(i)(1) shall submit a report no later than 180 days prior
to the compliance date for the TPPU.
(2) Owners or operators of an affected source designated as a new
affected source under Sec. 63.1310(i)(2)(i) shall submit a report no
later than 180 days prior to the compliance date for the affected
source.
(3) Owners or operators of any emission point (other than equipment
leak components subject to Sec. 63.1331) subject to
Sec. 63.1310(i)(2)(ii) shall submit a report no later than 180 days
prior to the compliance date for those emission points.
(8) Operating permit application. An owner or operator who submits
an operating permit application instead of an Emissions Averaging Plan
or a Precompliance Report shall include the following information with
the operating permit application:
(i) The information specified in paragraph (e)(4) of this section
for points included in an emissions average; and
(ii) The information specified in paragraph (e)(3) of this section,
Precompliance Report, as applicable.
(f) Alternative monitoring parameters. The owner or operator who
has been directed by any section of this subpart or any section of
another subpart referenced by this subpart, that expressly referenced
this paragraph (f) to set unique monitoring parameters, or who requests
approval to monitor a different parameter than those specified in
Sec. 63.1314 for storage vessels, Sec. 63.1315 or Sec. 63.1317, as
appropriate, for continuous process vents, Sec. 63.1321 for batch
process vents and aggregate batch vent streams, or Sec. 63.1330 for
process wastewater shall submit the information specified in paragraphs
(f)(1) through (f)(3) of this section in the Precompliance Report, as
required by paragraph (e)(3) of this section. The owner or operator
shall retain for a period of 5 years each record required by paragraphs
(f)(1) through (f)(3) of this section.
* * * * *
(3) The required information shall include a description of the
proposed monitoring, recordkeeping, and reporting system, to include
the frequency and content of monitoring, recordkeeping, and reporting.
Further, the rationale for the proposed monitoring, recordkeeping, and
reporting system shall be included if either condition in paragraph
(f)(3)(i) or (f)(3)(ii) of this section is met:
* * * * *
(g) Alternative continuous monitoring and recordkeeping. An owner
or operator choosing not to implement the provisions listed in
Sec. 63.1315 or Sec. 63.1317, as appropriate, for continuous process
vents, Sec. 63.1321 for batch process vents and aggregate batch vent
streams, or Sec. 63.1330 for process wastewater, may instead request
approval to use alternative continuous monitoring and recordkeeping
provisions according to the procedures specified in paragraphs (g)(1)
through (g)(4) of this section. Requests shall be submitted in the
Precompliance Report as specified in paragraph (e)(3)(iv) of this
section, if not already included in the operating permit application,
and shall contain the information specified in paragraphs (g)(2)(ii)
and (g)(3)(ii) of this section, as applicable.
* * * * *
(3) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency, but records all values
that meet set criteria for variation from previously recorded values,
in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section.
(i) * * *
(A) Measure the operating parameter value at least once during
every 15 minute period;
* * * * *
(4) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f)(4).
(h) Reduced recordkeeping program. For any parameter with respect
to any item of equipment, the owner or operator may implement the
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of
this section as alternatives to the continuous
[[Page 11698]]
operating parameter monitoring and recordkeeping provisions that would
otherwise apply under this subpart. The owner or operator shall retain
for a period of 5 years each record required by paragraph (h)(1) or
(h)(2) of this section, except as otherwise provided in paragraph
(h)(1)(vi)(D) of this section.
(1) The owner or operator may retain only the daily average (or
batch cycle daily average) value, and is not required to retain more
frequent monitored operating parameter values, for a monitored
parameter with respect to an item of equipment, if the requirements of
paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An
owner or operator electing to comply with the requirements of paragraph
(h)(1) of this section shall notify the Administrator in the
Notification of Compliance Status as specified in paragraph (e)(5)(xi)
of this section or, if the Notification of Compliance Status has
already been submitted, in the Periodic Report immediately preceding
implementation of the requirements of paragraph (h)(1) of this section
as specified in paragraph (e)(6)(ix) of this section.
* * * * *
(ii) * * *
(B) The running average is based on at least six 1-hour average
values; and
* * * * *
(iv) The monitoring system will alert the owner or operator by an
alarm or other means, if the running average parameter value calculated
under paragraph (h)(1)(ii) of this section reaches a set point that is
appropriately related to the established limit for the parameter that
is being monitored.
* * * * *
(vi) The owner or operator shall retain the records identified in
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
* * * * *
(B) A description of the applicable monitoring system(s), and of
how compliance will be achieved with each requirement of paragraphs
(h)(1)(i) through (h)(1)(v) of this section. The description shall
identify the location and format (e.g., on-line storage, log entries)
for each required record. If the description changes, the owner or
operator shall retain both the current and the most recent superseded
description, as provided in paragraph (a) of this section, except as
provided in paragraph (h)(1)(vi)(D) of this section.
(C) A description, and the date, of any change to the monitoring
system that would reasonably be expected to impair its ability to
comply with the requirements of paragraph (h)(1) of this section.
(D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this
section shall retain the current description of the monitoring system
as long as the description is current. The current description shall,
at all times, be retained on-site or be accessible from a central
location by computer or other means that provides access within 2 hours
after a request. The owner or operator shall retain all superseded
descriptions for at least 5 years after the date of their creation.
Superseded descriptions shall be retained on-site (or accessible from a
central location by computer or other means that provides access within
2 hours after a request) for at least 6 months after their creation.
Thereafter, superseded descriptions may be stored off-site.
(2) * * *
(i) If the owner or operator elects not to retain the daily average
(or batch cycle daily average) values, the owner or operator shall
notify the Administrator in the next Periodic Report as specified in
paragraph (e)(6)(x) of this section. The notification shall identify
the parameter and unit of equipment.
* * * * *
(iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through (h)(1)(iii) of this section, for the
duration specified in paragraph (h) of this section. For any calendar
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iv) of
this section does not result in retention of a record of at least one
occurrence or measured parameter value, the owner or operator shall
record and retain at least one parameter value during a period of
operation other than a start-up, shutdown, or malfunction.
* * * * *
54. Revising Tables 1, 2, 6, 7, and 8, and adding Table 9 to
Subpart JJJ of Part 63, to read as follows:
Table 1 to Subpart JJJ of Part 63.--Applicability of General Provisions to Subpart JJJ Affected Sources
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart JJJ Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)......................... Yes........................ Sec. 63.1312 specifies definitions in
addition to or that supersede definitions in
Sec. 63.2.
63.1(a)(2)......................... Yes........................
63.1(a)(3)......................... Yes........................ Sec. 63.1311(g) through (l) and Sec.
63.160(b) identify those standards which may
apply in addition to the requirements of
subparts JJJ and H of this part, and specify
how compliance shall be achieved.
63.1(a)(4)......................... Yes........................ Subpart JJJ (this table) specifies the
applicability of each paragraph in subpart A
to subpart JJJ.
63.1(a)(5)......................... No......................... [Reserved.]
63.1(a)(6)-63.1(a)(8).............. Yes........................
63.1(a)(9)......................... No......................... [Reserved.]
63.1(a)(10)........................ Yes........................
63.1(a)(11)........................ Yes........................
63.1(a)(12)-63.1(a)(14)............ Yes........................
63.1(b)(1)......................... No......................... Sec. 63.1310(a) contains specific
applicability criteria.
63.1(b)(2)......................... Yes........................
63.1(b)(3)......................... No......................... Sec. 63.1310(b) provides documentation
requirements for TPPUs not considered
affected sources.
63.1(c)(1)......................... Yes........................ Subpart JJJ (this table) specifies the
applicability of each paragraph in subpart A
to subpart JJJ.
63.1(c)(2)......................... No......................... Area sources are not subject to subpart JJJ.
63.1(c)(3)......................... No......................... [Reserved.]
63.1(c)(4)......................... Yes........................
63.1(c)(5)......................... Yes........................ Except that affected sources are not required
to submit notifications that are not required
by subpart U.
63.1(d)............................ No......................... [Reserved.]
[[Page 11699]]
63.1(e)............................ Yes........................
63.2............................... Yes........................ Sec. 63.1312 specifies those subpart A
definitions that apply to subpart JJJ.
63.3............................... Yes........................
63.4(a)(1)-63.4(a)(3).............. Yes........................
63.4(a)(4)......................... No......................... [Reserved.]
63.4(a)(5)......................... Yes........................
63.4(b)............................ Yes........................
63.4(c)............................ Yes........................
63.5(a)(1)......................... Yes........................ Except the terms ``source'' and ``stationary
source'' should be interpreted as having the
same meaning as ``affected source.''
63.5(a)(2)......................... Yes........................
63.5(b)(1)......................... Yes........................ Except Sec. 63.1310(i) defines when
construction or reconstruction is subject to
new source standards.
63.5(b)(2)......................... No......................... [Reserved.]
63.5(b)(3)......................... Yes........................
63.5(b)(4)......................... Yes........................ Except that the Initial Notification and Sec.
63.9(b) requirements do not apply.
63.5(b)(5)......................... Yes........................
63.5(b)(6)......................... Yes........................ Except that Sec. 63.1310(i) defines when
construction or reconstruction is subject to
new source standards.
63.5(c)............................ No......................... [Reserved.]
63.5(d)(1)(i)...................... Yes........................ Except that the references to the Initial
Notification and Sec. 63.9(b)(5) do not
apply.
63.5(d)(1)(ii)..................... Yes........................ Except that Sec. 63.5(d)(1)(ii)(H) does not
apply.
63.5(d)(1)(iii).................... No......................... Secs. 63.1335(e)(5) and 63.1331(a)(4) specify
Notification of Compliance Status
requirements.
63.5(d)(2)......................... No.........................
63.5(d)(3)......................... Yes........................ Except Sec. 63.5(d)(3)(ii) does not apply,
and equipment leaks subject to Sec. 63.1331
are exempt.
63.5(d)(4)......................... Yes........................
63.5(e)............................ Yes........................
63.5(f)(1)......................... Yes........................
63.5(f)(2)......................... Yes........................ Except that where Sec. 63.9(b)(2) is referred
to, the owner or operator need not comply.
63.6(a)............................ Yes........................
63.6(b)(1)......................... Yes........................
63.6(b)(2)......................... Yes........................
63.6(b)(3)......................... Yes........................
63.6(b)(4)......................... Yes........................
63.6(b)(5)......................... Yes........................
63.6(b)(6)......................... No......................... [Reserved.]
63.6(b)(7)......................... No.........................
63.6(c)(1)......................... Yes........................ Except that Sec. 63.1311 specifies the
compliance date.
63.6(c)(2)......................... No.........................
63.6(c)(3)......................... No......................... [Reserved.]
63.6(c)(4)......................... No......................... [Reserved.]
63.6(c)(5)......................... Yes........................
63.6(d)............................ No......................... [Reserved.]
63.6(e)............................ Yes........................ Except as otherwise specified for individual
paragraphs, and Sec. 63.6(e) does not apply
to Group 2 emission points, unless they are
included in an emissions average.a
63.6(e)(1)(i)...................... No......................... This is addressed by Sec. 63.1310(j)(4).
63.6(e)(1)(ii)..................... Yes........................
63.6(e)(1)(iii).................... Yes........................
63.6(e)(2)......................... Yes........................
63.6(e)(3)(i)...................... Yes........................ For equipment leaks (subject to Sec.
63.1331), the start-up, shutdown, and
malfunction plan requirement of Sec.
63.6(e)(3)(i) is limited to control devices
and is optional for other equipment. The
start-up, shutdown, malfunction plan may
include written procedures that identify
conditions that justify a delay of repair.
63.6(e)(3)(i)(A)................... No......................... This is addressed by Sec. 63.1310(j)(4).
63.6(e)(3)(i)(B)................... Yes........................
63.6(e)(3)(i)(C)................... Yes........................
63.6(e)(3)(ii)..................... Yes........................
63.6(e)(3)(iii).................... No......................... Recordkeeping and reporting are specified in
Sec. 63.1335(b)(1).
63.6(e)(3)(iv)..................... No......................... Recordkeeping and reporting are specified in
Sec. 63.1335(b)(1).
63.6(e)(3)(v)...................... Yes........................
63.6(e)(3)(vi)..................... Yes........................
63.6(e)(3)(vii).................... Yes........................
63.6(e)(3)(vii)(A)................. Yes........................
63.6(e)(3)(vii)(B)................. Yes........................ Except the plan shall provide for operation in
compliance with Sec. 63.1310(j)(4).
63.6(e)(3)(vii)(C)................. Yes........................
63.6(e)(3)(viii)................... Yes........................
[[Page 11700]]
63.6(f)(1)......................... Yes........................
63.6(f)(2)......................... Yes........................ Except Sec. 63.7(c), as referred to in Sec.
63.6(f)(2)(iii)(D), does not apply, and
except that Sec. 63.6(f)(2)(ii) does not
apply to equipment leaks subject to Sec.
63.1331.
63.6(f)(3)......................... Yes........................
63.6(g)............................ Yes........................
63.6(h)............................ No......................... Subpart JJJ does not require opacity and
visible emission standards.
63.6(i)(1)......................... Yes........................
63.6(i)(2)......................... Yes........................
63.6(i)(3)......................... Yes........................
63.6(i)(4)(i)(A)................... Yes........................
63.6(i)(4)(i)(B)................... No......................... Dates are specified in Sec. 63.1311(e) and
Sec. 63.1335(e)(3)(i).
63.6(i)(4)(ii)..................... No.........................
63.6(i)(5)-(14).................... Yes........................
63.6(i)(15)........................ No......................... [Reserved.]
63.6(i)(16)........................ Yes........................
63.6(j)............................ Yes........................
63.7(a)(1)......................... Yes........................
63.7(a)(2)......................... No......................... Sec. 63.1335(e)(5) specifies the submittal
dates of performance test results for all
emission points except equipment leaks; for
equipment leaks, compliance demonstration
results are reported in the Periodic Reports.
63.7(a)(3)......................... Yes........................
63.7(b)............................ No......................... Sec. 63.1333(a)(4) specifies notification
requirements.
63.7(c)............................ No.........................
63.7(d)............................ Yes........................
63.7(e)(1)......................... Yes........................ Except that all performance tests shall be
conducted at maximum representative operating
conditions achievable at the time without
disruption of operations or damage to
equipment.
63.7(e)(2)......................... Yes........................
63.7(e)(3)......................... No......................... Subpart JJJ specifies requirements.
63.7(e)(4)......................... Yes........................
63.7(f)............................ Yes........................ Except that Sec. 63.144(b)(5)(iii)(A) and (B)
shall apply for process wastewater. Also,
because a site specific test plan is not
required, the notification deadline in Sec.
63.7(f)(2)(i) shall be 60 days prior to the
performance test, and in Sec. 63.7(f)(3),
approval or disapproval of the alternative
test method shall not be tied to the site
specific test plan.
63.7(g) Yes........................ Except that the requirements in Sec.
63.1335(e)(5) apply instead of references to
the Notification of Compliance Status report
in Sec. 63.9(h). In addition, equipment
leaks subject to Sec. 63.1331 are not
required to conduct performance tests.
63.7(h)............................ Yes........................ Except Sec. 63.7(h)(4)(ii) is not applicable,
because the site-specific test plans in Sec.
63.7(c)(2) are not required.
63.8(a)(1)......................... Yes.
63.8(a)(2)......................... No.
63.8(a)(3)......................... No......................... [Reserved.]
63.8(a)(4)......................... Yes.
63.8(b)(1)......................... Yes.
63.8(b)(2)......................... No......................... Subpart JJJ specifies locations to conduct
monitoring.
63.8(b)(3)......................... Yes.
63.8(c)(1)......................... Yes.
63.8(c)(1)(i)...................... Yes.
63.8(c)(1)(ii)..................... No......................... For all emission points except equipment
leaks, comply with Sec. 63.1335(b)(1)(i)(B);
for equipment leaks, comply with Sec.
63.181(g)(2)(iii).
63.8(c)(1)(iii).................... Yes.
63.8(c)(2)......................... Yes.
63.8(c)(3)......................... Yes.
63.8(c)(4)......................... No......................... Sec. 63.1334 specifies monitoring frequency;
not applicable to equipment leaks because
Sec. 63.1331 does not require continuous
monitoring systems.
63.8(c)(5)-63.8(c)(8).............. No.
63.8(d)............................ No.
63.8(e)............................ No.
63.8(f)(1)-63.8(f)(3).............. Yes.
63.8(f)(4)(i)...................... No......................... Timeframe for submitting request is specified
in Sec. 63.1335(f) or (g); not applicable to
equipment leaks because Sec. 63.1331
(through reference to subpart H) specifies
acceptable alternative methods.
63.8(f)(4)(ii)..................... No......................... Contents of request are specified in Sec.
63.1335(f) or (g).
63.8(f)(4)(iii).................... No.
63.8(f)(5)(i)...................... Yes.
63.8(f)(5)(ii)..................... No.
63.8(f)(5)(iii).................... Yes.
63.8(f)(6)......................... No......................... Subpart JJJ does not require continuous
emission monitors.
[[Page 11701]]
63.8(g)............................ No......................... Data reduction procedures specified in Sec.
63.1335 (d) and (h); not applicable to
equipment leaks.
63.9(a)............................ Yes.
63.9(b)............................ No......................... Subpart JJJ does not require an initial
notification.
63.9(c)............................ Yes.
63.9(d)............................ Yes.
63.9(e)............................ No......................... Sec. 63.1333(a)(4) specifies notification
deadline.
63.9(f)............................ No......................... Subpart JJJ does not require opacity and
visible emission standards.
63.9(g)............................ No.
63.9(h)............................ No......................... Sec. 63.1335(e)(5) specifies Notification of
Compliance Status requirements.
63.9(i)............................ Yes.
63.9(j)............................ No.
63.10(a)........................... Yes.
63.10(b)(1)........................ No......................... Sec. 63.1335(a) specifies record retention
requirements.
63.10(b)(2)........................ No......................... Subpart JJJ specifies recordkeeping
requirements.
63.10(b)(3)........................ No......................... Sec. 63.1310(b) requires documentation of
sources that are not affected sources.
63.10(c)........................... No......................... Sec. 63.1335 specifies recordkeeping
requirements.
63.10(d)(1)........................ Yes.
63.10(d)(2)........................ No......................... Sec. 63.1335(e) specifies performance test
reporting requirements; not applicable to
equipment leaks.
63.10(d)(3)........................ No......................... Subpart JJJ does not require opacity and
visible emission standards.
63.10(d)(4)........................ Yes.
63.10(d)(5)........................ Yes........................ Except that reports required by Sec.
63.10(d)(5)(i) and/or Sec. 63.10(d)(5)(ii)
may be submitted at the same time as Periodic
Reports specified in Sec. 63.1335(e)(6). The
start-up, shutdown, and malfunction plan, and
any records or reports of start-up, shutdown,
and malfunction do not apply to Group 2
emission points unless they are included in
an emissions average.
63.10(e)........................... No......................... Sec. 63.1335 specifies reporting
requirements.
63.10(f)........................... Yes.
63.11.............................. Yes........................ Except that instead of Sec. 63.11(b), Sec.
63.1333(e) shall apply.
63.12.............................. Yes........................ Except that the authority of Sec. 63.1332(i)
and the authority of Sec. 63.177 (for
equipment leaks) shall not be delegated to
States.
63.13--63.15....................... Yes.
----------------------------------------------------------------------------------------------------------------
\a\ The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission
points unless they are included in an emissions average.
Table 2 to Subpart JJJ of Part 63.--Group 1 Storage Vessels at Existing
Affected Sources
------------------------------------------------------------------------
Vapor pressure a
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
75 capacity < 151....................... 13.1
151 capacity............................ 5.2
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage
temperature.
* * * * *
Table 6 to Subpart JJJ of Part 63.--Known Organic HAP Emitted From the Production of Thermoplastic Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organic HAP/chemical name (CAS No.)
---------------------------------------------------------------------------------------------------------------
Thermoplastic product/subcategory Ethylene
Acetaldehyde Acrylonitrile 1,3 Butadiene 1,4-Dioxane Glycol (107- Methanol (67- Styrene (100-
(75-07-0) (107-13-1) (106-99-0) (123-91-1) 21-1) 56-1) 42-5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABS latex...............................
ABS using a batch emulsion process......
ABS using a batch suspension process....
ABS using a continuous emulsion process.
ABS using a continuous mass process.....
ASA/AMSAN...............................
EPS.....................................
[[Page 11702]]
MABS....................................
MBS.....................................
Nitrile resin...........................
PET using a batch dimethyl terephthalate
process................................
PET using a batch terephthalic acid
process................................
PET using a continuous dimethyl
terephthalate process..................
PET using a continuous terephthalic acid
process................................
PET using a continuous terephthalic acid
high viscosity multiple end finisher
process................................
Polystyrene resin using a batch process.
Polystyrene resin using a continuous
process................................
SAN using a batch process...............
SAN using a continuous process..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number
ABS = Acrylonitrile butadiene styrene resin
ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin
EPS = expandable polystyrene resin
MABS = methyl methacrylate acrylonitrile butadiene styrene resin
PET = poly(ethylene terephthalate) resin
SAN = styrene acrylonitrile resin
MBS = methyl methacrylate butadiene styrene resin
Table 7 of Subpart JJJ of Part 63.--Group 1 Batch Process Vents and Aggregate Batch Vent Streams--Monitoring,
Recordkeeping, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Recordkeeping and reporting requirements for
Control device Parameters to be monitored monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal Incinerator................ Firebox temperature a...... 1. Continuous records as specified in Sec.
63.1326(e)(1).b
2. Record and report the average firebox
temperature measured during the performance
test--NCS. c
3. Record the batch cycle daily average
firebox temperature as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average
temperatures that are below the minimum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d e
Catalytic Incinerator.............. Temperature upstream and 1. Continuous records as specified in Sec.
downstream of the catalyst 63.1326(e)(1). b
bed.
2. Record and report the average upstream and
downstream temperatures and the average
temperature difference across the catalyst
bed measured during the performance test--
NCS.c
3. Record the batch cycle daily average
upstream temperature and temperature
difference across catalyst bed as specified
in Sec. 63.1326(e)(2).
4. Report all batch cycle daily average
upstream temperatures that are below the
minimum upstream value established in the NCS
or operating permit--PR. d e
5. Report all batch cycle daily average
temperature differences across the catalyst
bed that are below the minimum difference.
Boiler or Process Heater with a Firebox temperature a...... 1. Continuous records as specified in Sec.
design heat input capacity less 63.1326(e)(1).b
than 44 megawatts and where the 2. Record and report the average firebox
batch process vents or aggregate temperature measured during the performance
batch vent streams are not test--NCS.c
introduced with or used as the 3. Record the batch cycle daily average
primary fuel. firebox temperature as specified in Sec.
63.1326(e)(2).d
4. Report all batch cycle daily average
temperatures that are below the minimum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR. d e
[[Page 11703]]
Flare.............................. Presence of a flame at the 1. Hourly records of whether the monitor was
pilot light. continuously operating during batch emission
episodes, or portions thereof, selected for
control and whether a flame was continuously
present at the pilot light during said
periods.
2. Record and report the presence of a flame
at the pilot light over the full period of
the compliance determination--NCS. c
3. Record the times and durations of all
periods during batch emission episodes, or
portions thereof, selected for control when
all flames at the pilot light of a flare are
absent or the monitor is not operating.
4. Report the times and durations of all
periods during batch emission episodes, or
portions thereof, selected for control when
all flames at the pilot light of a flare are
absent--PR.d
Scrubber for halogenated batch pH of scrubber effluent, 1. Continuous records as specified in Sec.
process vents or aggregate batch and. 63.1326(e)(1). b
vent streams (Note: Controlled by 2. Record and report the average pH of the
a combustion device other than a scrubber effluent measured during the
flare). performance test--NCS. c
3. Record the batch cycle daily average pH of
the scrubber effluent as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average pH
values of the scrubber effluent that are
below the minimum operating value established
in the NCS or operating permit and all
instances when monitoring data are not
collected--PR.d e
Scrubber liquid and gas 1. Records as specified in Sec.
flow rates [Sec. 63.1326(e)(1). b
63.1324(b)(4)(ii)]. 2. Record and report the scrubber liquid/gas
ratio averaged over the full period of the
performance test--NCS. c
3. Record the batch cycle daily average
scrubber liquid/gas ratio as specified in
Sec. 63.1326(e)(2).
4. Report all batch cycle daily average
scrubber liquid/gas ratios that are below the
minimum value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR. d e
Absorber f......................... Exit temperature of the 1. Continuous records as specified in Sec.
absorbing liquid, and. 63.1326(e)(1). b
2. Record and report the average exit
temperature of the absorbing liquid measured
during the performance test--NCS. c
3. Record the batch cycle daily average exit
temperature of the absorbing liquid as
specified in Sec. 63.1326(e)(2) for each
batch cycle.
4. Report all the batch cycle daily average
exit temperatures of the absorbing liquid
that are below the minimum operating value
established in the NCS or operating permit
and all instances when monitoring data are
not collected--PR. d e
Exit specific gravity for 1. Continuous records as specified in Sec.
the absorbing liquid. 63.1326(e)(1). b
2. Record and report the average exit specific
gravity measured during the performance test--
NCS. c
3. Record the batch cycle daily average exit
specific gravity as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average exit
specific gravity values that are below the
minimum operating value established in the
NCS or operating permit and all instances
when monitoring data are not collected--PR.d
e
Condenser f........................ Exit (product side) 1. Continuous records as specified in Sec.
temperature. 63.1326(e)(1).b
2. Record and report the average exit
temperature measured during the performance
test--NCS.c
3. Record the batch cycle daily average exit
temperature as specified in Sec.
63.1326(e)(2).
4. Report all batch cycle daily average exit
temperatures that are above the maximum
operating value established in the NCS or
operating permit and all instances when
monitoring data are not collected--PR.d e
Carbon Adsorber f.................. Total regeneration steam 1. Record the total regeneration steam flow or
flow or nitrogen flow, or nitrogen flow, or pressure for each carbon
pressure (gauge or bed regeneration cycle.
absolute) during carbon 2. Record and report the total regeneration
bed regeneration cycle(s), steam flow or nitrogen flow, or pressure
and. during each carbon bed regeneration cycle
measured during the performance test--NCS.c
3. Report all carbon bed regeneration cycles
when the total regeneration steam flow or
nitrogen flow, or pressure is above the
maximum value established in the NCS or
operating permit--PR.d e
[[Page 11704]]
Temperature of the carbon 1. Record the temperature of the carbon bed
bed after regeneration and after each regeneration and within 15 minutes
within 15 minutes of of completing any cooling cycle(s).
completing any cooling 2. Record and report the temperature of the
cycle(s). carbon bed after each regeneration and within
15 minutes of completing any cooling
cycles(s) measured during the performance
test--NCS.c
3. Report all carbon bed regeneration cycles
when the temperature of the carbon bed after
regeneration, or within 15 minutes of
completing any cooling cycle(s), is above the
maximum value established in the NCS or
operating permit--PR.d e
All Control Devices................ Diversion to the atmosphere 1. Hourly records of whether the flow
from the control device or. indicator was operating during batch emission
episodes, or portions thereof, selected for
control and whether a diversion was detected
at any time during said periods as specified
in Sec. 63.1326(e)(3).
2. Record and report the times of all periods
during batch emission episodes, or portions
thereof, selected for control when emissions
are diverted through a bypass line or the
flow indicator is not operating--PR.d
Monthly inspections of 1. Records that monthly inspections were
sealed valves. performed as specified in Sec.
63.1326(e)(4)(i).
2. Record and report all monthly inspections
that show the valves are in the diverting
position or that a seal has been broken--PR.d
Absorber, Condenser, and Carbon Concentration level or 1. Continuous records as specified in Sec.
Adsorber (as an alternative to the reading indicated by an 63.1326(e)(1).b
requirements previously presented organic monitoring device 2. Record and report the average batch vent
in this table). at the outlet of the concentration level or reading measured
control device. during the performance test--NCS.c
3. Record the batch cycle daily average
concentration level or reading as specified
in Sec. 63.1326(e)(2).
4. Report all batch cycle daily average
concentration levels or readings that are
above the maximum value established in the
NCS or operating permit and all instances
when monitoring data are not collected--PR.d
e
----------------------------------------------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
b ``Continuous records'' is defined in Sec. 63.111.
c NCS = Notification of Compliance Status described in Sec. 63.1335(e)(5).
d PR = Periodic Reports described in Sec. 63.1335(e)(6).
e The periodic reports shall include the duration of periods when monitoring data are not collected as specified
in Sec. 63.1335(e)(6)(iii)(C).
f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table.
Table 8 to Subpart JJJ of Part 63.--Operating Parameters for Which Levels Are Required To Be Established for
Continuous and Batch Process Vents and Aggregate Batch Vent Streams
----------------------------------------------------------------------------------------------------------------
Established operating
Device Parameters to be monitored parameter(s)
----------------------------------------------------------------------------------------------------------------
Thermal incinerator............. Firebox temperature........................ Minimum temperature.
Catalytic incinerator........... Temperature upstream and downstream of the Minimum upstream temperature; and
catalyst bed. minimum temperature difference
across the catalyst bed.
Boiler or process heater........ Firebox temperature........................ Minimum temperature.
Scrubber for halogenated vents.. pH of scrubber effluent; and scrubber Minimum pH; and minimum liquid/
liquid and gas flow rates [Sec. gas ratio.
63.1324(b)(4)(ii)].
Absorber........................ Exit temperature of the absorbing liquid; Maximum temperature; and maximum
and exit specific gravity of the absorbing specific gravity.
liquid.
Condenser....................... Exit temperature........................... Maximum temperature.
Carbon adsorber................. Total regeneration steam flow or nitrogen Maximum flow or pressure; and
flow, or pressure (gauge or absolute) a maximum temperature.
during carbon bed regeneration cycle; and
temperature of the carbon bed after
regeneration (and within 15 minutes of
completing any cooling cycle(s)).
Other devices (or as an HAP concentration level or reading at Maximum HAP concentration or
alternate to the requirements outlet of device. reading.
previously presented in this
table) b.
----------------------------------------------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.
b Concentration is measured instead of an operating parameter.
[[Page 11705]]
Table 9 of Subpart JJJ of Part 63.--Routine Reports Required by This Subpart
----------------------------------------------------------------------------------------------------------------
Reference Description of report Due date
----------------------------------------------------------------------------------------------------------------
Sec. 63.1335(b) and Subpart A.. Refer to Table 1 and Subpart A... Refer to Subpart A.
63.1335(e)(3)................... Precompliance Report a........... Existing affected sources--12 months prior
to the compliance date. New affected
sources--with application for approval of
construction or reconstruction.
63.1335(e)(4)................... Emissions Averaging Plan......... 18 months prior to the compliance date.
63.1335(e)(4)(iv)............... Updates to Emissions Averaging 120 days prior to making the change
Plan. necessitating the update.
63.1335(e)(5)................... Notification of Compliance Status Within 150 days after the compliance date.
b.
63.1335(e)(6)................... Periodic Reports................. Semiannually, no later than 60 days after
the end of each 6-month period. See Sec.
63.1335(e)(6)(i) for the due date for the
first report.
63.1335(e)(6)(xi)............... Quarterly reports for Emissions No later than 60 days after the end of each
Averaging. quarter. First report is due with the
Notification of Compliance Status.
63.1335(e)(6)(xii).............. Quarterly reports upon request of No later than 60 days after the end of each
the Administrator. quarter.
63.1335(e)(7)(i)................ Storage Vessels Notification of At least 30 days prior to the refilling of
Inspection.. each storage vessel or the inspection of
each storage vessel.
63.1335(e)(7)(ii)............... Requests for Approval of a Initial submittal is due with the Emissions
Nominal Control Efficiency for Averaging Plan specified in Sec.
Use in Emissions Averaging. 63.1335(e)(4)(ii); later submittals are
made at the discretion of the owner or
operator as specified in Sec.
63.1335(e)(7)(ii)(B).
63.1335(e)(7)(iii).............. Notification of Change in the For Notification under Sec.
Primary Product. 63.1310(f)(3)(ii)--notification submittal
date at the discretion of the owner or
operator.c
For Notification under Sec.
63.1310(f)(4)(ii)--within 6 months of
making the determination.
----------------------------------------------------------------------------------------------------------------
a There may be two versions of this report due at different times; one for equipment subject to Sec. 63.1331
and one for other emission points subject to this subpart.
b There will be two versions of this report due at different times; one for equipment subject to Sec. 63.1331
and one for other emission points subject to this subpart.
c Note that the TPPU remains subject to this subpart until the notification under Sec. 63.1310(f)(3)(i) is
made.
[FR Doc. 99-3853 Filed 3-8-99; 8:45 am]
BILLING CODE 6560-50-P