[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.

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

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:

------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
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-

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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