[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29420-29487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12479]



[[Page 29419]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Polyether 
Polyols Production; Final Rule

  Federal Register / Vol. 64, No. 104 / Tuesday, June 1, 1999 / Rules 
and Regulations  

[[Page 29420]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6344-7]
RIN 2060-AE-86


National Emission Standards for Hazardous Air Pollutants for 
Polyether Polyols Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This rule promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing plant sites that 
manufacture polyether polyols. The hazardous air pollutants (HAP) 
emitted by the facilities covered by this rule include ethylene oxide 
(EO), propylene oxide (PO), hexane, toluene, and incidental emissions 
of several other HAP. Some of these pollutants are considered to be 
probable human carcinogens when inhaled, and all can cause toxic 
effects following exposure. The rule is estimated to reduce emissions 
of these pollutants by 1,810 Megagrams per year (Mg/yr) (2,000 tons per 
year (tons/yr)). Because all of the pollutants are also volatile 
organic compounds (VOC), which are precursors to ambient ozone, the 
promulgated rule will also aid in the reduction of tropospheric ozone.

DATES: This regulation is effective on June 1, 1999.

ADDRESSES: Docket. Docket No. A-96-38, containing information 
considered by the EPA in development of the promulgated standards, is 
available for public inspection from 8:00 a.m. to 5:30 p.m., Monday 
through Friday, at the following address in room M-1500, Waterside Mall 
(ground floor): U.S. Environmental Protection Agency, 401 M Street SW, 
Washington, DC 20460, telephone number (202) 260-7548. A reasonable fee 
may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For information concerning this final 
rule or the analyses performed in developing this rule, contact Mr. 
David Svendsgaard, Organic Chemicals Group, Emission Standards Division 
(MD-13), Office of Air Quality Planning and Standards, U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-2380, facsimile number (919) 541-3470, electronic mail address 
[email protected]. For information concerning applicability and 
rule determinations, contact your State or local representative or the 
appropriate EPA Regional Office representatives. For a listing of EPA 
Regional contacts, see the following.

SUPPLEMENTARY INFORMATION:

Electronic Access

    These final standards and all other information considered by the 
EPA in the development of these final standards are available in Docket 
Number A-96-38 by request from the EPA's Air and Radiation Docket and 
Information Center (see ADDRESSES). Electronic versions of documents 
from the Office of Air and Radiation (OAR) are available through the 
EPA's OAR Technology Transfer Network Web site (TTNWeb). The TTNWeb is 
a collection of related Web sites containing information about many 
areas of air pollution science, technology, regulation, measurement, 
and prevention. The TTNWeb is directly accessible from the Internet via 
the World Wide Web location at the following address: http://
www.epa.gov/ttn. Electronic versions of this preamble and rule are 
located under the OAR Policy and Guidance Information Web site, at 
http://www.epa.gov/ttn/oarpg/, under the Federal Register notices 
section. If more information on the TTNWeb is needed, contact the 
Systems Operator at (919) 541-5384.

EPA Regional Office Contacts

Director, Office of Environmental Stewardship, Attn: Air Compliance 
Clerk, U.S. EPA Region I, 1 Congress Street, Suite 1100 (SEA), Boston, 
MA 02114-2023 (617) 918-1740
Umesh Dholakia, U.S. EPA Region II, 290 Broadway Street, New York, NY 
10007-1866, (212) 637-4023
Dianne Walker, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 
19103, (215) 814-3297
Lee Page, U.S. EPA, Region IV, 61 Forsyth Street, SW, Atlanta, GA 
30303-3104, (404) 562-9131
Bruce Varner, U.S. EPA, Region V, 77 West Jackson Boulevard, Chicago, 
IL 60604-3507, (312) 886-6793
Jim Yang, U.S. EPA, Region VI, 1445 Ross Avenue, Suite 1200 (6EN-AT), 
Dallas, TX 75202, (214) 665-7578
Gary Schlicht, U.S. EPA, Region VII, 726 Minnesota Avenue, Kansas City, 
KS 66101, (913) 551-7097
Tami Thomas-Burton, U.S. EPA, Region VIII, 999 18th Street, Suite 500, 
Denver, CO 80202, (303) 312-6581
Ken Bigos, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, (415) 744-1200
Dan Meyer, U.S. EPA, Region X, 1200 Sixth Street, Seattle, WA 98101, 
(206) 553-4150

Regulated Entities

    Entities regulated by this action are polyether polyols production 
facilities. Regulated categories and entities include:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             North American industrial classification system
               Category                   Standard industrial classification (SIC) codes                      (NAICS) codes                        Examples of potentially regulated entities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Industry..............................  Typically, 2843 and 2869..........................  Typically, 325199 and 325613.....................  Producers of polyether polyols and polyether mono-
                                                                                                                                                ols.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility, company, business organization, etc., is subject 
to this rule, you should carefully examine the applicability criteria 
in 40 CFR 63.1420. If you have questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

Judicial Review

    National emission standards for polyether polyols production were 
proposed in the Federal Register on September 4, 1997 (62 FR 46804). 
Today's Federal Register action announces the EPA's final decision on 
the rule. Under section 307(b)(1) of the Clean Air Act (CAA), judicial 
review of the final rule is available by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit 
within 60 days of today's publication of this final rule. Under section 
307(b)(2) of CAA, the requirements that are the subject of today's 
final rule may not be challenged later in civil or criminal proceedings 
brought by the EPA to enforce these requirements.

[[Page 29421]]

    The following outline is provided to aid in reading the preamble to 
the final rule.
I. List of Source Categories
II. Summary of Considerations Made in Developing This Standard
    A. Background and Purpose of the Regulation
    B. Source of Authority
    C. Stakeholder and Public Participation
III. Summary of Promulgated Standards
    A. Affected Sources
    B. Storage Vessels
    C. Process Vents
    D. Wastewater Operations
    E. Equipment Leaks
    F. Heat Exchangers
    G. General Testing Requirements
    H. Monitoring Levels and Excursions
    I. General Provisions
    J. General Recordkeeping and Reporting Requirements
IV. Control Technology Basis of the Standard
V. Summary of Impacts
    A. Air Impacts
    B. Other Environmental Impacts
    C. Energy Impacts
    D. Cost Impacts
    E. Economic Impacts
VI. Significant Comments and Changes to the Proposed Standards
    A. Primary Product Determination
    B. Definition of ``Polyether Polyol''
    C. Definition of ``Process Vent''
    D. Outlet Concentration Limit as an Alternative Epoxide Process 
Vent Emission Limit for New Sources
    E. Flares as a Reference Control Technology
    F. Group Determination on an Individual Process Vent Basis for 
Nonepoxide Organic HAP Emissions from Making or Modifying the 
Product
    G. Possibility of Dual Controls for Nonepoxide Organic HAP 
Emissions from Making or Modifying the Product
    H. Worst-Case Testing Requirements
    I. Engineering Calculations as an Alternative to Performance 
Testing
    J. Allowable Test Methods for Control Efficiency Determinations
    K. Site-Specific Onset of Extended Cookout
    L. Parameter Monitoring Excursion Definitions
    M. Monitoring During Start-ups, Shutdowns, and Malfunctions
    N. Process Vent Control Requirement for Epoxide Emissions from 
New Sources
VII. Administrative Requirements
    A. Docket
    B. Executive Order 12866
    C. Executive Order 13045
    D. Paperwork Reduction Act
    E. Regulatory Flexibility Act
    F. Submission to Congress and the Comptroller General
    G. Unfunded Mandates
    H. Executive Order 12875
    I. Executive Order 13084
    J. National Technology Transfer and Advancement Act

I. List of Source Categories

    The EPA identified a total of approximately 84 plant sites 
producing polyether polyols. Of the 84 facilities, 78 were considered 
in the analysis supporting the proposed rule and are believed to be 
major sources according to the 1990 CAA Amendments' criteria of having 
the potential to emit 10 tons/yr (9.1 Mg/yr) of any one HAP or 25 tons/
yr (22.7 Mg/yr) of combined HAP. Today's final rule applies to all 
major sources that produce polyether polyols. Area sources are not 
subject to today's final rule.
    In developing the background information to support the proposed 
rule, the EPA decided it was appropriate to subcategorize the source 
category for purposes of analyzing the maximum achievable control 
technology (MACT) floors and regulatory alternatives. The subcategories 
were: polyether polyols made from the polymerization of epoxides, and 
polyether polyols made from the polymerization of tetrahydrofuran 
(THF). An ``epoxide'' is a chemical compound consisting of a three-
membered cyclic ether. Ethylene oxide and propylene oxide are the only 
epoxides that are listed as HAP under section 112(b) of the CAA. 
Subcategorization was necessary due to the distinctively different 
nature of the epoxide and THF processes and their effect on the 
applicability of controls. One noteworthy distinction between the two 
subcategories is that the first group, polyols made with epoxides, uses 
a HAP as the monomer, whereas the second group, polyols made with THF, 
does not use a HAP monomer. Additionally, the first group (epoxide 
reactants) performs the reaction primarily on a batch basis, while the 
second group (THF) performs the reaction on a continuous basis.
    The Agency obtained data from facilities that make polyether 
products by polymerizing a compound having multiple reactive hydrogen 
atoms, resulting in the formation of a ``polyol,'' and from facilities 
that make polyethers by polymerizing a compound with a single reactive 
hydrogen, which forms a ``mono-ol.'' The Agency then investigated the 
distinctions between the production units and the emissions controls 
for products from these two groups. The Agency found no fundamental 
difference between the processes, the chemistry, the emissions, or the 
types of control equipment. Further, many producers use the same 
process equipment to produce polyols and mono-ols, yet they generically 
refer to both types of products as ``polyols.'' Therefore, for the 
purposes of this regulation, the Agency uses the term ``polyether 
polyols'' to represent both polyether polyols and polyether mono-ols.

II. Summary of Considerations Made in Developing This Standard

A. Background and Purpose of the Regulation

    The CAA was created in part ``to protect and enhance the quality of 
the Nation's air resources so as to promote the public health and 
welfare and the productive capacity of its population.'' (section 
101(b)(1)). Section 112(b) of the CAA, as revised in 61 FR 30816 (June 
18, 1996), lists 188 HAP believed to cause adverse health or 
environmental effects. Section 112(d) requires that emission standards 
be promulgated for all categories and subcategories of ``major'' 
sources of these HAP, and for many smaller ``area'' sources listed for 
regulation, pursuant to section 112(c). Major sources are defined as 
those that emit or have the potential to emit at least 10 tons/yr (9.1 
Mg/yr) of any one HAP or 25 tons/yr (22.7 Mg/yr) of any combination of 
HAP.
    On July 16, 1992 (57 FR 31576), the EPA published a list of 
categories of sources slated for regulation. This list included the 
polyether polyol production source category regulated by the standards 
being promulgated today. The statute requires emissions standards for 
the listed source categories to be promulgated between November 1992 
and November 2000. On December 3, 1993, the EPA published a schedule 
for promulgating these standards (58 FR 63941). Standards for the 
polyether polyols production source category covered by this rule were 
proposed on September 4, 1997 (62 FR 46804).
    The final standards give existing affected sources 3 years from the 
date of promulgation to comply with the emission limitations for 
storage vessels, process vents, wastewater, and heat exchangers. 
Subject to certain limited exceptions, this is the maximum amount of 
time allowed under the CAA. The final standards give existing affected 
sources 6 months to comply with the equipment leak provisions. New 
affected sources are required to comply with the standards upon initial 
startup. The EPA believes these standards to be achievable for all 
affected sources within the time provided.
    Monitoring, recordkeeping, and reporting requirements are also 
included in this final rule. All of these components are necessary to 
ensure that sources will comply with the standards both initially and 
over time. However, the EPA has made every effort to simplify the 
requirements in the rule.

[[Page 29422]]

B. Source of Authority

    The amended CAA requires the EPA to promulgate national emission 
standards for sources of HAP. Section 112(d) provides that these 
standards must reflect:

* * * the maximum degree of reduction in emissions of the HAP * * * 
that the Administrator, taking into consideration the cost of 
achieving such emission reduction, and any nonair quality health and 
environmental impacts and energy requirements, determines is 
achievable for new or existing sources in the category or 
subcategory to which such emission standard applies. * * * (42 
U.S.C. Sec. 7412(d)(2)).

This level of control is referred to as the MACT. The CAA goes on to 
establish the least stringent level of control for MACT; this level is 
termed the ``MACT floor.''
    According to the CAA, new source standards for a source category or 
subcategory ``shall not be less stringent than the emission control 
that is achieved in practice by the best controlled similar source, as 
determined by the Administrator'' (section 112(d)(3)). Existing source 
standards shall be no less stringent than the average emission 
limitation achieved by the best performing 12 percent of the existing 
sources for source categories and subcategories with 30 or more 
sources, or the average emission limitation achieved by the best 
performing 5 sources for sources or subcategories with fewer than 30 
sources (section 112(d)(3)). These two minimum levels of control define 
the MACT floor for new and existing sources. When the EPA considers 
control levels more stringent than the MACT floor described above, the 
selection of MACT must take into consideration the cost of achieving 
the emission reduction, any non-air quality, health, and environmental 
impacts, and energy requirements.

C. Stakeholder and Public Participation

    Numerous representatives of the polyether polyol production 
industry were consulted during the development of this standard. 
Industry representatives have included both trade associations and 
polyether polyol producers. The EPA also received input from 
representatives from State environmental agencies. Representatives from 
other EPA offices and programs participated in the regulatory 
development process as members of the work group. The work group was 
involved in the regulatory development process and was given 
opportunities to review and comment on the standards before proposal 
and promulgation. Therefore, the EPA believes that the impact on other 
EPA offices and programs has been adequately considered during the 
development of these standards. Finally, industry representatives, 
regulatory authorities, environmental groups, and the public, as a 
whole, had the opportunity to comment on the proposed standards and to 
provide additional information during the public comment period that 
followed proposal.
    The Polyether Polyols NESHAP was proposed in the Federal Register 
on September 4, 1997 (62 FR 46804). The preamble and Basis and Purpose 
Document for the proposed standards for polyether polyols sources 
(published on September 4, 1997) described the rationale for the 
proposed standards. Public comments on the Polyether Polyols NESHAP 
were solicited at the time of its proposal.
    In addition, amendments to the Polymers and Resins I NESHAP (which 
some of the requirements in this final rule cross-reference that 
existing rule) were proposed on March 9, 1999 (63 FR 11560). Public 
comments were solicited by the EPA regarding how those proposed 
amendments, and the incorporation of concepts in the Polymers and 
Resins proposed rule into subpart PPP, would affect sources subject to 
the Polyether Polyols final rule.
    To provide interested individuals the opportunity for oral 
presentation of data, views, or arguments concerning the proposed 
standards, a public hearing was offered at proposal of these 
requirements. However, the public did not request a hearing and, 
therefore, one was not held. The public comment period for the proposed 
rule was from September 4, 1997 to December 3, 1997. A total of 11 
comment letters were received during the public comment period, and 4 
comment letters were received after the end of the public comment 
period. Commenters included industry representatives and trade 
organizations. The comments were carefully considered, and changes were 
made in the promulgated standards when determined by the EPA to be 
appropriate. A detailed discussion of these comments and responses can 
be found in the Basis and Purpose Document for Final Standards, which 
is referenced in Section V of this preamble and serves as the basis for 
the revisions that have been made to these standards between proposal 
and promulgation. Section V of this preamble discusses some of the 
major changes made to the proposed standards.

III. Summary of Promulgated Standards

    This section provides a summary of the final standards contained in 
subpart PPP. The full regulatory text is printed in today's final rule 
and is also available in Docket No. A-96-38, directly from the EPA, or 
from the Technology Transfer Network (TTN) on the EPA's electronic 
bulletin boards. More information on how to obtain a copy of the 
proposed regulation is provided at the beginning of the SUPPLEMENTARY 
INFORMATION section of this document.

A. Affected Sources

    For this final rule, an affected source is defined as each group of 
one or more polyether polyols manufacturing process units (PMPUs) that 
is located at a plant site that is a major source. Polyether polyols 
are defined as the products formed by the reaction of EO, PO, or other 
cyclic ethers with compounds having one or more reactive hydrogens 
(i.e., a hydrogen atom bonded to nitrogen, sulfur, oxygen, phosphorous, 
etc.) to form polyethers (i.e., compounds with two or more ether 
bonds). The definition of ``polyether polyol'' excludes hydroxy ethyl 
cellulose and materials regulated under the Hazardous Organics NESHAP 
(HON), such as glycols and glycol ethers.
    An existing affected source is any affected source that is not a 
new affected source. A new affected source can be created by one of 
four ways. If a plant site with an existing polyols-affected source 
adds one or more new PMPUs, the added group of one or more new PMPUs is 
a new affected source if the added group of one or more new PMPUs has 
the potential to emit more than 10 tons/yr (9.1 Mg/yr) of any one HAP 
or 25 tons/yr (22.7 Mg/yr) of all HAP. In this situation, the plant 
site would have an existing affected source and a new affected source. 
Each subsequent set of one or more added PMPUs with potential HAP 
emissions above the 10/25 levels cited above would be a separate new 
affected source.
    New affected sources are also created when one or more PMPUs are 
constructed at a major source plant site where polyether polyols were 
not previously produced (with no consideration of the potential HAP 
emissions from the PMPU). Another instance where a new affected source 
is created is if one or more PMPUs are constructed at a new plant site 
(i.e., green field site) that will be a major source. The final manner 
in which a new affected source is created is when

[[Page 29423]]

an existing affected source undergoes reconstruction.
    Affected sources covered by the promulgated rule emit a variety of 
HAP from several different types of emission points. The most 
significant emissions are of the following HAP: EO, PO, hexane, and 
toluene. These final standards regulate emissions of these compounds, 
as well as all other organic HAP that are emitted during the production 
of polyether polyols.
    Emissions from the following types of emission points (i.e., 
emission source types) are being covered by the promulgated rule: 
storage vessels, process vents, heat exchange systems, equipment leaks, 
and wastewater operations. Tables 1 and 2 summarize the level of 
control for existing and new affected sources, respectively, for each 
of these types of emission points. Where the applicability criteria and 
required level of control are the same as the HON (40 CFR Part 63, 
subparts F, G, and H), this is indicated in Tables 1 and 2 as ``HON.'' 
``Epoxides,'' in Tables 1 and 2, refer to EO and PO. ``Nonepoxide 
organic HAP'' refers to organic HAP other than EO and PO that are used 
in the polyether polyols production process. The following sections 
describe these standards in more detail, by emission source type.

                    Table 1.--Summary of Level of the Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                             Storage
                               Emission   ---------------------------------------------  Heat exch.     Equip.
                               sources              Process vents           Wastewater     syst.        leaks
----------------------------------------------------------------------------------------------------------------
Polyether Polyols made      HON..........  HON...........................  HON........  HON........  HON.
 with tetrahydro-furan.
----------------------------------------------------------------------------------------------------------------


 
                                                                     Nonepoxide organic
                                                                     HAP emissions from  Nonepoxide organic
                                                  Epoxide emissions       making or        HAP in catalyst
                                                                      modifying product      extraction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Polyether Polyols made with    HON.............  98 percent          Group 1             90 percent          HON..........  HON..........  HON.
 epoxides.                                        aggregate           combination of      aggregate
                                                  emission            process vents       emission
                                                  reduction; or       from batch unit     reduction; or
                                                  flare emissions     operations: 90      flare emissions
                                                  from all vents;     percent aggregate   from all vents.
                                                  or maintain         emission
                                                  outlet conc.  20 ppmv;    flare emissions
                                                  or maintain         from all vents..
                                                  emiss. factor <    Group 1 process
                                                  1.69  x  10-2 kg    vents from
                                                  epox./Mg product.   continuous unit
                                                                      operations: 98
                                                                      percent emission
                                                                      reduction; or
                                                                      flare emissions.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                      Table 2.--Summary of Level of the Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                 Emission sources
                           ------------------------------------------------------------  Heat exch.     Equip.
                               Storage              Process vents          Waste-water     syst.        leaks
----------------------------------------------------------------------------------------------------------------
Polyether Polyols made      Existing       HON...........................  Exist.       HON........  HON.
 with tetrahydro-furan.      source HON.                                    source HON.
----------------------------------------------------------------------------------------------------------------


 
                                                                     Nonepoxide organic
                                                                     HAP emissions from  Nonepoxide organic
                                                  Epoxide emissions       making or        HAP in catalyst
                                                                      modifying product      extraction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Polyether Polyols made with    Existing source   99.9 percent        Group 1             90 percent          Exist. source  HON..........  HON.
 epoxides.                      HON.              aggregate           combination of      aggregate           HON.
                                                  emission            process vents       emission
                                                  reduction; or       from batch unit     reduction; or
                                                  maintain outlet     operations: 90      flare emissions
                                                  conc.    percent aggregate   from all vents.
                                                  20 ppmv; or         emission
                                                  maintain emiss.     reduction; or
                                                  factor < 4.43  x    flare emissions
                                                  10-3 kg epox./Mg    from all vents..
                                                  product.           Group 1 process
                                                                      vents from
                                                                      continuous unit
                                                                      operations: 98
                                                                      percent emission
                                                                      reduction; or
                                                                      flare emissions..
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Storage Vessels

    For polyether polyols made with either epoxides or THF, the storage 
vessel requirements at new and existing affected sources are nearly 
identical to the HON storage vessel requirements in subpart G for 
existing sources. The final rule specifies procedures for determining 
whether a storage vessel is assigned to a PMPU. Group 1 storage vessels 
require control, while Group 2 storage vessels do not. If a storage 
vessel has a capacity below 75 cubic meters, it is Group 2. For vessels 
with capacities

[[Page 29424]]

between 75 and 151 cubic meters, they are Group 1 if the vapor pressure 
of the liquid being stored is 13.1 kilopascals or greater. Storage 
vessels with capacities greater than 151 cubic meters are Group 1 if 
the vapor pressure of the liquid being stored is 5.2 kilopascals or 
greater.
    The storage vessel provisions require that one of the following 
control systems be applied to Group 1 storage vessels: (1) An internal 
floating roof with proper seals and fittings; (2) an external floating 
roof with proper seals and fittings; (3) an external floating roof 
converted to an internal floating roof with proper seals and fittings; 
or (4) a closed vent system with a 95 percent efficient combustion, 
recovery, or recapture device. The storage vessel provisions give 
details on the types of seals and fittings required. Monitoring and 
compliance provisions include periodic visual inspections of vessels, 
roof seals, and fittings, as well as internal inspections. If a closed 
vent system and combustion, recovery, or recapture device is used, the 
owner or operator must establish appropriate monitoring procedures. 
Reports and records of inspections, repairs, and other information 
necessary to determine compliance are also required by the storage 
vessel provisions.

C. Process Vents

    There are separate process vent provisions for affected sources 
that produce polyether polyols using epoxide reactants and affected 
sources that produce polyether polyols using THF. The control 
requirements for each type of affected source are discussed below, 
followed by a discussion of the monitoring, reporting, and 
recordkeeping provisions.
1. Polyether Polyols That Use Epoxides as a Reactant
    For the polyether polyols that use epoxides as a reactant, the 
process vent provisions are separated into three groups that are based 
on the function of the organic HAP in the production process. These 
groups are: (1) Epoxide (i.e., EO and PO) emissions resulting from the 
use of these chemicals as reactants; (2) emissions of organic HAP other 
than EO or PO (i.e., ``nonepoxide organic HAP'') resulting from their 
use in making or modifying the polyether polyol product; and (3) 
emissions of nonepoxide organic HAP resulting from their use in 
catalyst extraction.
    a. Requirements for epoxide emissions. The existing source 
requirement for epoxide emissions from process vents is to reduce 
epoxide emissions by 98 weight-percent. For new sources, this 
requirement is 99.9 weight-percent. This is an aggregated percent 
reduction applied to all process vents that emit epoxides in the PMPU. 
Therefore, the owner or operator has the flexibility to select which 
vents to control, provided that the overall epoxide emission reduction 
from the PMPU is equal to, or greater than, the required efficiency.
    In addition to using a combustion, recovery, or recapture device to 
achieve the 98 percent reduction (or 99.9 percent for new sources), the 
final rule allows the use of ``extended cookout'' (ECO) as a means of 
reducing emissions by the required percentage. This pollution 
prevention technique reduces emissions by extending the time of 
reaction, thus leaving less unreacted epoxides to be emitted 
downstream.
    Instead of complying with the 98 (or 99.9) weight-percent reduction 
limitation, an owner or operator may comply by demonstrating that each 
outlet stream has a concentration of 20 parts per million by volume 
(ppmv) epoxide or total organic compound (TOC). This option is 
available for existing and new affected sources, but only if a 
combustion, recovery, or recapture device is used.
    As another alternative to the 98 percent emission reduction, owners 
or operators of existing affected sources may maintain an epoxide 
emission factor from the PMPU of no more than 1.69  x  10 -2 
kilograms of epoxide emissions per megagram of product made (kg/Mg), or 
1.69  x  10 -2 pounds of epoxide emissions per 1,000 pounds 
of product made (lb/1000 lb). The corresponding emission factor for new 
affected sources is 4.43  x  10 -3 kg/Mg (4.43  x  10 
-3 lb/1000 lb). Compliance with this alternative limitation 
is achieved by developing and following an epoxide annual emissions 
plan, which must include provisions for the monitoring of the process 
and any combustion, recovery, or recapture device parameters to 
demonstrate continuous compliance with the emission limitation.
    Finally, for affected existing sources, if a flare is used to 
reduce epoxide HAP emissions from all process vents in the PMPU, then a 
demonstration of 98 percent epoxide emission reduction is not required. 
If an owner or operator of an new affected source wants to use only a 
flare, a demonstration that the flare will achieve 99.9 percent epoxide 
emission reduction is required.
    An owner or operator can also choose to use a combination of the 
percent reduction, 20 ppmv, and flare compliance options discussed 
above in a single PMPU.
    b. Requirements for emissions resulting from the use of nonepoxide 
organic HAP to make or modify the product. For nonepoxide organic HAP 
emissions that result from the use of nonepoxide organic HAP to make or 
modify the product, the final rule uses a ``group'' approach, where 
those vents that are classified as Group 1 are required to be 
controlled. This provision only applies if a nonepoxide organic HAP is 
used to make or modify the product.
    In many instances, the process vent stream containing these 
nonepoxide organic HAP will also contain epoxides. The combustion, 
recovery, or recapture device used to comply with the epoxide emission 
provisions discussed above may also reduce nonepoxide emissions. It is 
for this reason that the final rule requires that the group 
determination for nonepoxide organic HAP emissions from making or 
modifying the product be conducted after the emissions exit the epoxide 
combustion, recovery, or recapture device (or after the ECO). 
Therefore, any nonepoxide emission reduction that is coincidentally 
achieved in the epoxide combustion, recovery, or recapture device will 
impact whether the process vent is classified as Group 1.
    The group determination approach for process vents from batch unit 
operations differs from that for process vents from continuous unit 
operations. Each approach is discussed below.
    For process vents from batch unit operations, the approach is to 
determine if the collection of process vents in each PMPU that is 
associated with the use of nonepoxide organic HAP to make or modify the 
product is Group 1 or Group 2. If the combination of batch process 
vents is determined to be Group 1, the aggregate nonepoxide organic HAP 
emissions are required to be reduced by 90 weight-percent. As with the 
epoxide percent emission reduction requirement, this requirement is on 
an aggregated basis. Therefore, the owner or operator has the 
flexibility to select which vents to control, provided that the overall 
nonepoxide emission reduction from the PMPU is equal to, or greater 
than, 90 weight-percent. If a flare is used to reduce these nonepoxide 
organic HAP emissions from all process vents associated with the use of 
a nonepoxide organic HAP to make or modify the product, then a 
demonstration of 90 weight-percent emission reduction is not required. 
These requirements are the same for new and existing affected sources.
    The group status for the combination of batch vents in a PMPU is 
determined by calculating the annual emissions

[[Page 29425]]

from all of the applicable vents. If the total nonepoxide organic HAP 
emissions are less than 11,800 kilograms per year (26,000 pounds per 
year), then the collection of vents is classified as Group 2, and no 
control is required. If the emissions are greater than 11,800 kilograms 
per year (26,000 pounds per year), they are used to calculate a ``cut-
off'' flow rate. This cutoff flow rate is then compared to the actual 
combined annual average flow rate for all the vents. If the actual 
combined annual average flow rate is less than the cutoff flow rate, 
the group of vents is Group 1.
    For process vents from continuous unit operations, the approach is 
to determine if each process vent in the PMPU that is associated with 
the use of nonepoxide organic HAP to make or modify the product is 
Group 1. If a continuous process vent is determined to be Group 1, the 
nonepoxide organic HAP emissions are required to be reduced by using a 
flare or by 98 weight-percent. As with batch vents, these requirements 
are the same for new and existing affected sources.
    A continuous process vent is Group 1 if it has a flow rate greater 
than or equal to 0.005 standard cubic meters per minute, a HAP 
concentration greater than or equal to 50 ppmv, and a total resource 
effectiveness (TRE) index value less than or equal to 1.0. The final 
rule directly refers to the HON TRE equation in subpart G.
    c. Requirements for nonepoxide organic HAP emissions from catalyst 
extraction. This provision only applies if a nonepoxide organic HAP is 
used in the catalyst extraction process. The promulgated process vent 
provisions require the owner or operator of existing affected sources 
using epoxides to reduce the aggregate total nonepoxide organic HAP 
emissions by 90 weight-percent from process vents associated with 
catalyst extraction at new or existing affected sources. This is also 
an aggregate emission reduction requirement for the PMPU. If a flare is 
used to reduce these nonepoxide organic HAP emissions from all process 
vents associated with catalyst extraction, then a demonstration of 90 
weight-percent emission reduction is not required.
    Uncontrolled nonepoxide organic HAP emissions from continuous or 
batch catalyst extraction unit operations are measured after the exit 
from the continuous or batch unit operation, but before any recovery 
devices; and controlled emissions are measured at the outlet of the 
combustion, recovery, or recapture device. Primary condensers operating 
as reflux condensers are considered to be part of the unit operation 
and are not considered to be recovery devices.
2. Polyether Polyols That Use THF as a Reactant
    The promulgated rule directly references the HON process vent 
provisions in subpart G for polyether polyols processes that use THF as 
a reactant. These provisions require a Group 1/Group 2 determination. A 
group 1 process vent is one with a flow rate greater than or equal to 
0.005 standard cubic meters per minute, a HAP concentration greater 
than or equal to 50 ppmv, and a TRE less than or equal to 1.0. Owners 
or operators of Group 1 process vents at THF facilities are required to 
either reduce organic HAP emissions by 98 weight-percent, maintain an 
outlet concentration of 20 ppmv, or route emissions to a flare.
3. Monitoring, Reporting, and Recordkeeping Provisions for Process 
Vents
    Monitoring, reporting, and recordkeeping provisions necessary to 
demonstrate compliance are also included in the process vent 
provisions. Compliance with the monitoring provisions is based on 
parametric monitoring of the combustion, recovery, or recapture device, 
or monitoring of the process parameters if ECO is used to control 
epoxide emissions.

D. Wastewater Operations

    The final wastewater provisions in subpart PPP refer directly to 
the HON wastewater provisions. Water that is discarded from a PMPU is 
considered to be wastewater if the water has an annual average 
concentration of organic HAP of 5 parts per million by weight (ppmw) or 
greater and an annual average flow rate of 0.02 liters per minute 
(0.0053 gallons per minute) or greater, or an annual average 
concentration of organic HAP of at least 10,000 ppmw at any flow rate. 
There are two types of wastewater: maintenance wastewater and process 
wastewater. The requirements for each type of wastewater are discussed 
below.
1. Maintenance Wastewater
    The final rule directly incorporates the HON requirements in 
Sec. 63.105 of subpart F for maintenance wastewater. The provisions of 
Sec. 63.105 require owners or operators to prepare a description of 
procedures that will be used to manage HAP-containing wastewater 
created during maintenance activities and to implement these 
procedures.
2. Process Wastewater
    The final rule also directly incorporates HON provisions for 
process wastewater, which are contained in Sec. 63.132 through 
Sec. 63.149 of subpart G. These provisions employ a Group 1/Group 2 
approach with Group 1 process wastewater streams requiring control. 
However, subpart PPP does not incorporate the HON new source Group 1 
process wastewater stream criteria. That is, the Group 1 process 
wastewater stream criteria for new and existing affected sources are 
equivalent to the HON existing source Group 1 criteria. These criteria 
are as follows. A Group 1 wastewater stream is a wastewater stream with 
a total annual average concentration of organic HAP greater than or 
equal to 10,000 ppmw at any flow rate, or a total annual average 
concentration greater than or equal to 1,000 ppmw and an annual average 
flow rate greater than or equal to 10 liters per minute (2.6 gallons 
per minute).
    An owner or operator may determine the organic HAP concentration 
and flow rate of wastewater streams either (1) at the point of 
determination (where the wastewater exits the PMPU); or (2) downstream 
of the point of determination, provided that adjustments are made for 
changes that occur to the stream from the point of determination to the 
downstream location. Both the applicability determination and the Group 
1/Group 2 determination must reflect the wastewater characteristics 
before losses due to volatilization, a concentration differential due 
to dilution, or a change in organic HAP concentration or flow rate due 
to treatment.
    There are requirements for wastewater tanks, surface impoundments, 
containers, individual drain systems, and oil/water separators that 
handle Group 1 wastewater streams. These provisions require either that 
specified measures be undertaken to suppress organic emissions from the 
wastewater stream, or that emissions be vented to a control device.
    There are also treatment requirements for Group 1 wastewater 
streams to reduce the organic HAP content in the wastewater prior to 
placement in units without air emissions controls. There are a number 
of treatment options for Group 1 wastewater streams. These include 
reducing the total concentration of organic HAP to a level less than 50 
ppmw, treating the stream in a steam stripper meeting specified design 
criteria, reducing the organic HAP mass flow rate by 99 percent (or by 
the fraction removed, or Fr, value for the HAP), achieving 
the required mass

[[Page 29426]]

removal (RMR) for the HAP, achieve a RMR of 95 percent in a biological 
treatment process, or treating the stream in a unit complying with 
specified Resource Conservation and Recovery Act (RCRA) requirements. 
Also, there is an exemption if the total source organic HAP mass flow 
rate is less than 1 Mg/yr (1.1 tons/yr).
    The rule requires that inspections be conducted on waste management 
units. It also requires that design steam strippers and biological 
treatment units be monitored, along with control devices on waste 
management units. The rule also contains extensive provisions outlining 
how to demonstrate compliance, including reporting and recordkeeping 
provisions. For more information regarding the wastewater provisions in 
this final rule, consult the January 17, 1997 amendments to the HON (62 
FR 2722).

E. Equipment Leaks

    The equipment leak provisions in the promulgated rule refer 
directly to the HON requirements contained in 40 CFR part 63, subpart 
H. These final standards apply to equipment in organic HAP service for 
300 or more hours per year that is associated with a PMPU, including 
valves, pumps, connectors, compressors, pressure relief devices, open-
ended valves or lines, sampling connection systems, instrumentation 
systems, surge control vessels, bottoms receivers, and agitators. The 
provisions also apply to closed-vent systems and combustion, recovery, 
or recapture devices used to control emissions from any of the listed 
equipment.
    The promulgated standard requires leak detection and repair (LDAR) 
for pumps in light liquid service and for valves in gas or light liquid 
service. The LDAR program involves a periodic check for organic vapor 
leaks with a portable instrument using Method 21 of appendix A of part 
60. If leaks are found, they must be repaired within a certain period 
of time. These provisions contain programs where owners or operators 
that have demonstrated success in eliminating leaking equipment can 
increase the interval between leak inspections.
    The final rule also requires LDAR of connectors in gas or light 
liquid service. The monitoring frequency for connectors is determined 
by the percent leaking connectors in the process unit and the 
consistency of performance.
    Subpart H also contains standards for compressors, open-ended 
lines, pressure relief devices, and sampling connection systems. 
Compressors are required to be controlled using a barrier-fluid seal 
system, by a closed vent system to a combustion, recovery, or recapture 
device, or must be demonstrated to have no leaks greater than 500 parts 
per million (ppm) HAP. Sampling connections must be a closed-purge or 
closed-loop system, or must be controlled using a closed vent system to 
a combustion, recovery, or recapture device. Agitators must either be 
monitored for leaks or use systems that are better designed such as 
dual mechanical seals. Pumps, valves, connectors, and agitators in 
heavy liquid service; instrumentation systems; and pressure relief 
devices in liquid service are subject to instrumental monitoring only 
if evidence of a potential leak is found through sight, sound, or 
smell. Instrumentation systems consist of smaller pipes and tubing that 
carry samples of process fluids to be analyzed to determine process 
operating conditions or systems for measurement of process conditions.
    Surge control vessels and bottoms receivers are required to be 
controlled using a closed vent system vented to a combustion, recovery, 
or recapture device. However, the applicability of controls to surge 
control vessels and bottoms receivers is based on the size of the 
vessel and the vapor pressure of the contents. The criteria for 
determining whether controls are required for surge control vessels and 
bottoms receivers are the same as the criteria for determining whether 
controls are required for storage vessels.
    The standards require certain records to demonstrate compliance 
with the standard, and the records must be retained in a readily 
accessible recordkeeping system. Subpart H requires that the following 
records be maintained for equipment that would be subject to the 
standards: records of testing associated with batch processes; design 
specifications of closed vent systems and combustion, recovery, or 
recapture devices; and test results from performance tests.

F. Heat Exchangers

    The final standards for heat exchange systems directly refer to the 
heat exchange provisions listed in subpart F of the HON at Sec. 63.104. 
These provisions require that the owner or operator monitor heat 
exchange systems for leaks and repair any leaks that are detected.

G. General Testing Requirements

    Specific testing requirements related to each emission source type 
are included in the applicable sections of the final rule. Section 
63.1437 of the final rule addresses conditions for performance tests 
and compliance determination procedures for flares.
    Section 63.1437 requires that performance testing be conducted 
during maximum operating conditions for all emissions sources except 
for process vents from batch unit operations. Tests for process vents 
from batch unit operations are to be performed at worst-case 
conditions.
    This section limits the time frame for the maximum operating and 
worst-case conditions to either the 6-month period that ends 2 months 
before the Notification of Compliance Status is due, or the 6-month 
period that begins 3 months before the performance test and ends 3 
months after the performance test. This section also indicates that 
tests should not be performed under conditions that: (1) Cause damage 
to equipment, (2) necessitate that product made does not meet an 
existing specification for sale to a customer, (3) necessitate that 
product made is in excess of demand, or (4) cause plant or testing 
personnel to be subject to unsafe conditions.
    This section clarifies that a performance test is not required for 
flares, and requires that a compliance determination be conducted for 
flares in accordance with Sec. 63.11(b) of the General Provisions.

H. Monitoring Levels and Excursions

    Specific monitoring requirements related to each emission source 
type are included in the applicable sections of the final rule. Section 
63.1438 of the final rule addresses the establishment of parameter 
monitoring levels and excursions.
    This section specifies how parameter monitoring levels are to be 
established. The three methods are: (1) To establish parameter levels 
based exclusively on performance testing; (2) to establish parameter 
monitoring levels based on performance tests, supplemented by 
engineering assessments and/or manufacturer's recommendations; and (3) 
to establish parameter monitoring levels based on engineering 
assessments and/or manufacturer's recommendations.
    This section also provides definitions of excursions and how 
excursions are related to compliance. Table 3 in this preamble 
illustrates instances that are defined as excursions.

[[Page 29427]]



                     Table 3.--Summary of Excursions
------------------------------------------------------------------------
                                                       Description of
     Emission source type       Type of excursion        excursion
------------------------------------------------------------------------
Storage vessels, where          Daily average      When the daily
 continuous monitoring is        exceedance.        average of a
 required.                                          monitored parameter
                                                    is above the
                                                    maximum, or below
                                                    the minimum,
                                                    established level.
                                Insufficient       Depends on the
                                 monitoring data.   monitoring plan.
Storage vessels, where          If monitoring      When the average
 continuous monitoring is not    plan specifies     value of one or more
 required.                       monitoring a       parameters, averaged
                                 parameter, a       over the duration of
                                 filling period     the filling period
                                 exceedance.        for the storage
                                                    vessel, is above the
                                                    maximum level or
                                                    below the minimum
                                                    level.
                                If monitoring      When measured values
                                 plan specifies     are not available
                                 that a value       for at least 75
                                 must be recorded   percent of the
                                 at specific        specific intervals
                                 intervals,         at which parameters
                                 insufficient       are to be monitored
                                 monitoring data.   and recorded,
                                                    according to the
                                                    monitoring plan,
                                                    during the filling
                                                    period for the
                                                    storage vessel.
Process wastewater streams,     [See the HON]....  [See the HON
 heat exchange systems, or                          Requirements.]
 equipment leaks.
Continuous process vents using  Daily average      When the daily
 combustion, recovery, or        exceedance.        average of a
 recapture devices.                                 monitored parameter
                                                    is above the
                                                    maximum, or below
                                                    the minimum,
                                                    established level.
                                Insufficient       Insufficient
                                 monitoring data.   monitoring data is
                                                    when an owner or
                                                    operator fails to
                                                    obtain a valid hour
                                                    of data for at least
                                                    75 percent of the
                                                    operating hours
                                                    during an operating
                                                    day. Four 15-minute
                                                    parameter
                                                    measurements must be
                                                    obtained to
                                                    constitute a valid
                                                    hour of data.
Batch process vents using       Daily average      When the daily
 combustion, recovery, or        exceedance.        average of a
 recapture devices.                                 monitored parameter
                                                    is above the
                                                    maximum, or below
                                                    the minimum,
                                                    established level.
                                Insufficient       Insufficient
                                 monitoring data.   monitoring data is
                                                    when an owner or
                                                    operator fails to
                                                    obtain valid
                                                    parameter
                                                    measurements for at
                                                    least 75 percent of
                                                    the 15-minute
                                                    periods during an
                                                    operating day.
Process vents using ECO.......  Batch cycle        If time is monitored,
                                 parameter          when the time from
                                 exceedance.        the end of the
                                                    epoxide feed to the
                                                    end of an ECO is
                                                    shorter than the
                                                    minimum duration
                                                    established for the
                                                    product class.
                                                   If reactor partial
                                                    pressure is
                                                    monitored, when the
                                                    reactor epoxide
                                                    partial pressure at
                                                    the end of an ECO is
                                                    above the maximum
                                                    pressure established
                                                    for the product
                                                    class.
                                                   If epoxide
                                                    concentration is
                                                    monitored, when the
                                                    epoxide
                                                    concentration in the
                                                    reactor at the end
                                                    of an ECO is above
                                                    the maximum epoxide
                                                    concentration
                                                    established for the
                                                    product class.
------------------------------------------------------------------------

    The owner or operator is allowed a certain number of ``excused'' 
excursions. In the first semiannual period, the owner or operator is 
allowed to excuse six excursions. This diminishes to one excused 
excursion for each semiannual period after the sixth semiannual period.
    For each excursion that is not excused, the owner or operator is 
deemed to be out of compliance with the provisions of the final rule. 
If a condenser is used and temperature is the parameter monitored, or 
if another recovery or recapture device is used and organic HAP 
concentration is the parameter monitored, then the excursion is a 
violation of the emission limitation. For all other parameter 
monitoring situations, an excursion is a violation of the operating 
limit.

I. General Provisions

    The final rule incorporates by reference the General Provisions in 
subpart A as promulgated on March 13, 1994. However, the EPA is in the 
process of drafting amendments to the General Provisions. After the 
promulgation of the amendments to the General Provisions, the amended 
General Provisions will be automatically considered to be incorporated 
into this subpart. For that reason, as amendments are proposed for the 
General Provisions, owners and operators are encouraged to comment on 
how those amendments could potentially affect owners and operators 
subject to subpart PPP of part 63.
    The final rule references the start-up, shutdown, and malfunction 
plan requirements in Sec. 63.6(e)(3) of the General Provisions. The 
start-up, shutdown, and malfunction plan developed for each affected 
source must describe procedures for operating and maintaining the 
affected source during periods of start-up, shutdown, and malfunction, 
and must describe procedures and a program for corrective action for 
malfunctioning process and air pollution equipment used to comply with 
this subpart.

J. General Recordkeeping and Reporting Requirements

    Specific recordkeeping and reporting requirements related to each 
emission source type are included in the applicable sections of the 
final rule. Section 63.1439 of the final rule provides more general 
reporting, recordkeeping, and testing requirements. The following are 
the types of reports that must be submitted to the Administrator, as 
appropriate: Initial Notification, Precompliance Report, Notification 
of Compliance Status, Periodic Reports, and Other Reports. The 
requirements for each of the types of reports are summarized below.
    Section 63.1434 of the final rule incorporates the reporting 
requirements of subpart H. The subpart H reporting requirements include 
an Initial Notification, a Notification of Compliance Status, and 
Periodic Reports. The information required by subpart H should be 
submitted along with the information specified in subpart PPP for the 
applicable report.
1. Initial Notification
    For existing sources, the Initial Notification is required to be 
submitted June 1, 2000. For new sources, the due date is dependent on 
the date of initial start-up date. The Initial Notification must 
include the following information:
    a. The name and address of the owner or operator.

[[Page 29428]]

    b. The address (i.e., physical location) of the affected source.
    c. An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date.
    d. An identification of the kinds of emission points within the 
affected source.
    e. A statement of whether or not the affected source is a major 
source.
2. Precompliance Report
    Affected sources making one or more of the following requests must 
submit a Precompliance Report 1 year before their compliance date: (1) 
Requesting an extension for compliance; (2) requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring 
and recordkeeping, or alternative controls; (3) 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; or (4) requesting to 
establish parameter monitoring levels based on engineering assessments 
and manufacturing recommendations. Supplements to the Precompliance 
Report may also be submitted after the due date of the Precompliance 
Report, if the owner or operator finds it necessary to clarify or 
modify information previously submitted under the original 
Precompliance Report. In addition, the final rule provides that, unless 
the Administrator has objected to a request made in the Precompliance 
Report or a supplement to the Precompliance Report within 45 days of 
its receipt, the request shall be automatically deemed ``approved.''
    An owner or operator who submits an operating permit application 
may submit the information specified in the Precompliance Report, as 
applicable, with the operating permit application, in addition to any 
other information required to be included in the operating permit 
application.
3. Notification of Compliance Status
    The Notification of Compliance Status is required to be submitted 
within 150 days after the source's compliance date. The information 
required to show compliance for each emission point must be included in 
the Notification of Compliance Status. Such information includes, but 
is not limited to, results of any performance tests, design analyses, 
and parameter monitoring levels for each emission point and supporting 
data for the designated level.
4. Periodic Reports
    Generally, Periodic Reports are required to be submitted 
semiannually. However, if a combustion, recovery, or recapture device 
for a particular emission point or process section has more than the 
excused number of excursions, or if the regulatory authority requests 
it of the owner or operator, quarterly reports may be required for 1 
year for that emission point. After 1 year, semiannual reporting may be 
resumed, if no additional excursions occur.
    The Periodic Report must report when excursions occur, as well as 
results of any performance tests conducted during the reporting period. 
For equipment leaks, Periodic Reports must contain summary information 
on the LDAR program, changes in monitoring frequency or monitoring 
alternatives, and/or initiation of a quality improvement program (QIP).
5. Other Reports
    Other reports required under the final rule include: (1) Reports of 
process changes that change the compliance status of process vents; (2) 
reports of changes to the primary product of a PMPU or process unit 
that becomes a PMPU as a result of the change; (3) reports of the 
addition of a new PMPU or emission point (other than an equipment 
leak); (4) reports of reconstruction or new source construction; (5) 
requests for approval to use alternative monitoring parameters, 
alternative continuous monitoring or recordkeeping, or alternative 
controls; and (5) requests for extensions of the allowable repair 
period and notifications of inspections for storage vessels and 
wastewater.

IV. Control Technology Basis of the Standard

    The rule requirements are based on the MACT floor level of control 
for the following emission types for polyether polyols made with 
epoxides: storage vessels, process vent epoxide emissions, process vent 
nonepoxide emissions from catalyst extraction, and equipment leaks. The 
Agency selected requirements more stringent than the floor for 
wastewater emissions and for nonepoxide organic HAP process vent 
emissions from making or modifying the product. For polyether polyols 
made with THF, the Agency selected requirements more stringent than the 
MACT floor level of control for all of the emission types (i.e., 
storage, process vent emissions, equipment leaks and wastewater). These 
MACT control levels have not changed since the September 4, 1997 
proposal (62 FR 46804).
    The HON control basis establishes MACT for both polyether polyols 
made with epoxides and polyether polyols made with THF, although for 
polyether polyols made with THF, the HON control level is above the 
floor. The only exception to this HON control basis is where control 
levels established in the ``Control of Volatile Organic Compound 
Emissions From Batch Processes--Alternative Control Techniques 
Information Document,'' Document No. EPA-453/R-94-020 (i.e., the Batch 
ACT), are the above the floor control basis for process vents from 
batch unit operations.
    The HON level of control establishes the basis for MACT for this 
standard because the continuous unit operations in polyether polyols 
manufacturing plants are fairly similar to the process units at sources 
that are subject to the HON. Given the similarity of PMPUs to process 
units subject to the HON and the fact that the HON level of control had 
received extensive evaluation during the development of the HON, the 
EPA concluded that the cost and other impacts of the HON levels were 
representative of those that could be expected for the polyether 
polyols production industry. The estimated cost effectiveness for the 
Batch ACT was determined to be comparable to the cost effectiveness of 
the HON continuous vent provisions and is expected to be comparable to 
the cost effectiveness of the process vent requirements in this final 
rule.

V. Summary of Impacts

    The impacts discussed in this section are presented relative to a 
baseline reflecting the level of control in the absence of the rule. 
See the baseline emissions memorandum in the Supplementary Information 
Document for Proposed Standards (EPA-453/R-97-010c, May 1997) for a 
detailed discussion of this approach. The impacts for existing sources 
were estimated by bringing each facility's control level up to the 
levels of the standards. According to industry representatives, no new 
sources were projected to be constructed in the next 5 years. 
Therefore, no new source impacts were estimated.

A. Air Impacts

    These promulgated standards are estimated to reduce HAP emissions 
from all existing sources of polyether polyols by 1,810 Mg/yr (2,000 
tons/yr). This represents a 47 percent reduction from the baseline 
level of emissions. This reduction is relatively low, since

[[Page 29429]]

several affected facilities have already installed stringent pollution 
controls in response to State air toxics rules.

B. Other Environmental Impacts

    All the HAP being reduced by this regulation are also volatile 
organic compounds (VOC); thus, a reduction of 1,810 Mg/yr (2,000 tons/
yr) of VOC is anticipated as a result of implementing these standards. 
However, emissions of other criteria pollutants are estimated to 
increase by 80 Mg/yr (88 tons/yr) as a result of operating process vent 
and wastewater emission control systems to comply with the standards. 
Therefore, the net reduction in criteria pollutants resulting from this 
regulation is anticipated to be 1,730 Mg/yr (1,900 tons/yr).

C. Energy Impacts

    The total nationwide energy demands that will result from 
implementing the process vent and wastewater requirements are around 
4.7  x  10 \10\ British thermal units annually (Btu/yr).

D. Cost Impacts

    Cost impacts include the capital costs of new control equipment, 
the cost of energy (supplemental fuel, steam, and electricity) required 
to operate control equipment, operation and maintenance costs, and the 
cost savings generated by reducing the loss of valuable raw materials 
in the form of emissions. Also, cost impacts include the costs of 
monitoring, recordkeeping, and reporting associated with these 
promulgated standards.
    Under the final rule, it is estimated that total capital costs for 
existing sources will be $10.2 million (August 1996 dollars) and that 
total annual costs will be $7.7 million per year. The actual compliance 
cost impacts of the final rule could be less than estimated, due to the 
potential to use common combustion, recovery, or recapture devices, 
upgrade existing combustion, recovery, or recapture devices, use other 
less expensive control technologies, or implement pollution prevention. 
Because the effect of such practices is highly site-specific and data 
were unavailable to estimate how often the lower cost compliance 
practices could be utilized, it is not possible to quantify the amount 
by which actual compliance costs will be reduced.

E. Economic Impacts

    The goal of the economic impact analysis (EPA Document No. EPA-453/
R-97-013, May 1997) is to estimate the market response of the polyether 
polyols industry to the emission standards and determine any adverse 
effects that may result from the regulation. Approximately 78 
facilities owned by 36 different companies producing polyether polyols 
domestically may potentially be affected by the regulation.
    Since the nationwide annualized cost of this regulation of $7.7 
million represents approximately 0.06 percent of the estimated 1996 
sales revenues for domestically produced polyether polyols, the EPA 
determined that the regulation is not likely to have a significant 
economic impact on this industry as a whole. For this reason, a 
streamlined economic analysis was performed to determine facility-
specific impacts. Facility-specific impacts were examined by 
calculating the ratio of the estimated annualized costs of controls for 
each facility to the estimated revenues per facility (i.e., cost-to-
sales ratio) to assess the likelihood of facility closures and 
employment impacts. A cost-to-sales ratio exceeding 1 percent was 
determined to be an initial indicator of the potential for a 
significant facility impact.
    Costs exceeded 1 percent of sales for only one facility out of the 
78 facilities affected by the regulation. This firm is estimated to 
potentially experience a cost-to-sales ratio of 1.5 percent. Based on 
an analysis of the costs of compliance compared to facility and company 
financial data for this firm, the EPA concluded that it was unlikely 
that the company owning this facility would choose to close it. The 
company is financially robust and the costs are a small share of the 
total company sales and net income. Therefore, the facility-specific 
impacts are not considered to be significant for any facility affected 
by this promulgated regulation. The generally small scale of the 
impacts suggests that there will also be no significant impacts on 
markets for the products made using polyether polyols, such as 
polyurethanes. For more information, consult the economic impact report 
entitled ``Economic Analysis Of Air Pollution Regulations: Polyether 
Polyols Production, May 1997'' in the docket for today's rule.

VI. Significant Comments and Changes to the Proposed Standards

    Comments on the proposed rule were received from industry and trade 
organizations. A detailed discussion of these comments and responses 
can be found in the Basis and Purpose Document for the Final Standards 
(EPA-453/R-99-002b).
    There were a number of comments submitted that were considered to 
be significant by the EPA. These significant comments covered many 
aspects of the rule. The Agency's review of the significant issues 
raised by the commenters resulted in changes to the proposed rule in 
many instances. This section summarizes the significant comments raised 
and provides the EPA's response.

A. Primary Product Determination

    One commenter expressed confusion over aspects of the primary 
product determination in the proposed rule, particularly the provision 
that specified how a non-PMPU could become a PMPU after the initial 
determination based on actual production. The EPA agrees that this 
portion of the proposed primary product provisions needed 
clarification. In fact, the EPA conducted an overall review of the 
proposed primary product provisions, and concluded that several 
structural and clarifying changes were needed. In addition, the EPA 
noted some potential situations that could occur that were not 
addressed in the proposed provisions.
    The specific concern raised by the commenter was addressed by 
clearly stipulating how owners or operators of non-PMPUs are to 
determine whether they have become subject to the rule after the 
initial primary product determination. The final rule specifies that 
non-PMPUs that have produced polyether polyols in the past 5 years are 
to annually re-determine the primary product using actual production 
values. The rule also specifies how a non-PMPU process unit is to 
determine the primary product if it has not produced polyether polyols 
in the past 5 years, but plans to produce polyether polyols in the 
future.
    The proposed provisions required that initial primary product 
determination be based on a 5-year prediction of anticipated production 
by the owner or operator. The EPA is aware that, in some instances, the 
owner or operator may not be able to make such a prediction. 
Clarifications and/or revisions were made to the primary product 
provisions to address this situation. First, in the initial 
determination, the time frame for which production must be anticipated 
for new process units was changed to 1 year. Also, provisions were 
added for owners or operators that cannot determine their primary 
product based on anticipated 5-year (or 1-year) production. To 
summarize, if polyether polyols have been produced in an existing 
process unit for 5 percent or greater of the time since September 4, 
1997, then the process unit is designated as a PMPU and is subject to 
the existing source provisions of subpart PPP. For new process units, 
if polyether polyols will be produced at any time during the first

[[Page 29430]]

year of production, then the unit is a PMPU and is subject to the new 
source provisions of subpart PPP.
    In addition to the provisions discussed above that specify how non-
PMPUs are to determine if they become PMPUs (i.e., subject to subpart 
PPP), the EPA has also clarified and expanded the provisions that 
specify how the PMPU designation can be removed from a process unit. 
The first case, which is retained from the proposed rule, is where 
production of polyether polyols ceases and the owner or operator does 
not anticipate the production of polyether polyols in the future. Also, 
the EPA has added provisions that specify procedures for a primary 
product reevaluation based on actual production. If an owner or 
operator of a PMPU finds that another product has been produced for a 
greater amount of time than polyether polyols over a specified time 
period (previous 5 years or since beginning the production of polyether 
polyols), then the PMPU designation could possibly be removed. The 
stipulation is that production of the ``new'' primary product must make 
the process unit subject to another part 63 NESHAP. If the new primary 
product is not subject to another part 63 NESHAP and polyether polyols 
continue to be produced, the process unit continues to be classified as 
a PMPU and continues to be subject to subpart PPP.
    The EPA has also added provisions addressing the determination of 
the primary product in situations where two or more products are 
produced simultaneously. Also, clarifications were made in the 
reporting and recordkeeping requirements associated with the primary 
product determination. A more in-depth explanation of the primary 
product determination procedures in Sec. 63.1420(e) can be found in the 
preamble to the proposed amendments to the Polymers and Resins I and IV 
NESHAP (64 FR 11563). The primary product provisions in Sec. 63.1420(e) 
mirror those proposed in Secs. 63.480(f) and 63.1310(f).

B. Definition of ``Polyether Polyol''

    In the proposed rule a ``Polyether Polyol'' was defined as:

* * * a compound formed through the polymerization of ethylene oxide 
(EO) or propylene oxide (PO) or other cyclic ethers with compounds 
having one or more reactive hydrogens (i.e., a hydrogen atom bonded 
to nitrogen, oxygen, phosphorus, sulfur, etc.) to form polyethers. 
This definition excludes materials regulated under the HON, such as 
glycols and glycol ethers.

    One commenter requested that the EPA revise the definition of 
``polyether polyol'' to clarify that the production of typical 
alkanolamines, which lack repeating ether units, is not regulated under 
subpart PPP. Another commenter explained that hydroxy ethyl cellulose 
is formed through the reaction of EO on cellulose polymer molecules. 
This commenter requested that the EPA clarify whether hydroxy ethyl 
cellulose manufacturing is included or excluded from the definition of 
``polyether polyol.''
    The EPA has revised the definition of ``polyether polyol'' in the 
final rule addressing both of these issues by excluding the production 
of hydroxy ethyl cellulose and by specifying that a polyether must have 
two or more ether bonds.

C. Definition of ``Process Vent''

    The definition of ``process vent'' in the proposed rule did not 
include any cutoffs based on the flow or HAP concentration of the 
process vent. One commenter was concerned that the definition of 
``process vent'' did not have a de minimis cutoff, as does the 
definition of ``process vent'' in the HON. The cutoff suggested by the 
commenter (0.005 weight-percent total organic HAP) has been 
incorporated into the final definition of a process vent, for process 
vents from continuous unit operations. This decision was based on the 
fact that the EPA considers it to be impractical to impose requirements 
for process vent streams with such low HAP concentrations (less than 
0.005 weight percent organic HAP). For similar reasons, a de minimis 
cutoff for process vents from batch unit operations was also added in 
the final rule. In the Polymers and Resins I and IV NESHAP, the batch 
process vent definition contains a de minimis cutoff of 225 kg/yr 
uncontrolled HAP emissions. The EPA believes that this level is also an 
appropriate de minimis level for process vents from batch unit 
operations in the polyether polyols industry.

D. Outlet Concentration Limit as an Alternative Epoxide Process Vent 
Emission Limit for New Sources

    The proposed rule did not include a concentration limit as an 
alternative epoxide process vent emission limit for new sources. The 
preamble to the proposed rule solicited comments on this subject, to 
which four commenters responded. All four recommended a 20 ppmv 
alternative concentration limit. The commenters indicated that the 
preambles for the New Source Performance Standards for VOC Emissions 
from Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
Distillation Operations (40 CFR part 60, subpart NNN), and the HON (40 
CFR part 63, subpart G) provided rationales for a 20 ppmv limitation 
that also are applicable to the polyether polyols rule.
    In subpart NNN's preamble (48 FR 48932, October 21, 1983), the EPA 
stated that the outlet concentration of 20 ppmv was established based 
on kinetic calculations of incinerators. It was demonstrated that, at a 
given temperature and residence time, a stream with a low inlet 
concentration could not demonstrate an outlet concentration below 20 
ppmv. In the preamble to the proposed amendments to the HON (61 FR 
43698, August 26, 1996), the EPA expanded the application of this lower 
bound concentration performance standard to control/recovery devices 
other than incinerators. In the HON preamble, the EPA explained that 
recovery devices are designed to typically reduce emissions to the same 
outlet concentration level given a relatively wide range of inlet 
concentrations. When the inlet concentration is substantially below the 
design maximum leading conditions (and begins to approach the residual 
level in the outlet stream), the recovery device efficiency will 
decrease.
    The EPA agrees that the rationales for the 20 ppmv concentration 
limit provided in the preambles discussed above are also applicable to 
subpart PPP. Further, the technological limitations that form the basis 
for this alternative 20 ppmv limit are applicable to combustion, 
recovery, and recapture devices that may be used at existing affected 
sources or new affected sources. Therefore, the EPA believes it is 
appropriate to also allow this alternative for new sources.
    Therefore, the final rule contains an alternative concentration 
limit of 20 ppmv for both new and existing sources. This concentration 
is measured at the outlet of the combustion, recovery, or recapture 
device.
    Another commenter advocated that the alternative 20 ppmv 
concentration limit should apply more broadly to process vents that do 
not utilize a combustion, recovery, or recapture device to reduce 
epoxide emissions. The examples provided by the commenter included 
vents from equipment practicing a very long ECO or vents from equipment 
where the epoxide content is very low and emissions are very small.
    As discussed above, the lower outlet concentration limit recognizes 
that there is a lower outlet concentration boundary, below which 
combustion, recapture and control devices cannot achieve. The EPA 
understands that the outlet concentration after ECO may be

[[Page 29431]]

as low as that after a combustion, recovery, or recapture device. 
However, this is not based on technological limitations of ECO, as is 
the basis for the 20 ppmv concentration limit for combustion, recovery, 
and recapture devices. Therefore, the EPA believes that allowing the 20 
ppmv concentration limit for ECO is not appropriate.
    Further, the EPA does not believe that it is appropriate to use 
this alternative concentration requirement as a de minimis cutoff for 
vents where the epoxide content is very low and emissions are very 
small. The EPA believes that the HAP concentration and emission de 
minimis cutoffs in definition of the process vent (discussed above in 
Section V.C) adequately address these vents.
    Finally, the proposed existing source concentration limit was 20 
ppmv of total epoxides. Other rules, such as the HON, allow the option 
of determining outlet concentration limits on a TOC basis. In many 
instances in the polyether polyols industry, the EPA believes that all 
the TOC in the emission stream will be epoxides, making the TOC and 
epoxide concentration equivalent. In fact, if there were other TOC in 
the stream, compliance with a 20 ppmv TOC limit would mean that the 
epoxide concentration would necessarily be less than 20 ppmv. For these 
reasons, the EPA believes that having the alternative concentration 
limits based on total epoxides or TOC is appropriate for this rule. As 
discussed later in Section V.J, the EPA decided to allow Method 25A 
(which is designed to measure TOC) to determine compliance with the 
alternative concentration limits.

E. Flares as a Reference Control Technology

    Two commenters requested that the EPA allow flares as a reference 
control technology for process vents at existing and new sources. The 
EPA agreed with the commenters that flares are an acceptable reference 
control technology for situations where the required organic HAP 
emission reduction is 98 percent or less. The final rule allows flares 
as a reference control technology for epoxide process vent emissions at 
existing sources, for Group 1 nonepoxide organic HAP process vent 
emissions at new and existing sources, and for nonepoxide organic HAP 
process vent emissions from catalyst extraction at new and existing 
sources. However, the data presented by the commenters do not support a 
destruction efficiency of 99.9 percent for flares combusting EO and PO, 
which is the equivalent percent reduction efficiency for the epoxide 
process vent limitation for new sources. Therefore, the EPA cannot 
allow flares as a reference control technology for epoxide process vent 
emissions at new sources.

F. Group Determination on an Individual Process Vent Basis for 
Nonepoxide Organic HAP Emissions From Making or Modifying the Product

    In addition to the use of epoxides reactants, some polyether polyol 
producers use organic HAP as initiators, solvents, viscosity adjusters, 
or in other ways to provide special properties to the final products. 
To address emissions of these nonepoxide organic HAP, the proposed rule 
contained requirements for ``nonepoxide organic HAP used in making or 
modifying the product.'' To determine whether control of these 
nonepoxide organic HAP emissions was required, the proposed rule used a 
``group'' applicability approach, where vents that were classified as 
Group 1 were required to be controlled by 90 percent. The proposed rule 
required that the group determination be performed on an aggregate 
basis. That is, the stream characteristics for all process vents from 
continuous unit operations within the PMPU that were associated with 
the use of the nonepoxide organic HAP to make or modify the product 
were combined and the group criteria applied to the theoretical 
combined stream. Similarly, the batch vent group determined was on an 
aggregate basis.
    Two commenters raised the point that the equations and other 
criteria for deciding whether a vent is Group 1 or Group 2 were based 
on cost-effectiveness decisions related to controlling individual 
process vents, and that those equations were borrowed from other rules, 
where they were applied on an individual vent basis. The commenters 
requested that owners or operators have the option of making the group 
determinations for nonepoxide process vents on a vent-by-vent basis, 
rather than being required to do the group determination for the 
combination of all process vents.
    The EPA agrees with the statement that the Group 1 criteria are 
essentially cost-effectiveness decisions. The group determination 
criteria in other MACT standards, specifically the HON (for process 
vents from continuous unit operations) and Polymers and Resins I and IV 
(for process vents from batch unit operations), are based on cost 
effectiveness. Prior to proposal, the EPA concluded that the cost-
effectiveness based group criteria from the HON and the Polymers and 
Resins rules were also appropriate measures of the cost effectiveness 
of controlling process vent streams at polyether polyols facilities, 
given the similarities in the process vent stream parameters between 
the affected industries. Therefore, these group determination criteria 
were borrowed for the proposed subpart PPP. However, the EPA does 
recognize that in all three of the rules cited above, the group 
determination is applied to individual process vents.
    The EPA agrees that the TRE index approach was developed for, and 
has been applied to, individual vents. The EPA further agrees that 
applying the TRE approach to the combination of process vents from 
continuous unit operations in a PMPU is not appropriate without 
conducting an analysis to validate the equations for the combination of 
vents, or developing new equations. Rather than take this approach, the 
EPA has decided, in the final rule, to apply the Group 1 criteria for 
process vents from continuous unit operations that use nonepoxide 
organic HAP to make or modify the product to individual process vents.
    For process vents from batch unit operations that use nonepoxide 
organic HAP to make or modify the product, the Group 1 equations are 
the same equations employed in the Polymers and Resins I and IV MACT 
standards (40 CFR part 63, subparts U and JJJ, respectively). The EPA 
agrees with the commenters that in these polymers and resins standards, 
the Group criteria are applied to individual vents. However, unlike the 
TRE for process vents from continuous unit operations, the group 
determination approach that is used in subparts U, JJJ, and PPP, was 
originally developed to be used for either individual vents or the 
combination of vents.
    The original source of the batch vent group determination approach 
is the Batch ACT document. On page 7-5 of that document, the EPA states 
``The control option requirements presented in Chapter 6 apply to (1) 
individual batch VOC process vents to which the annual mass emissions 
and average flowrate cutoffs are applied directly, and (2) aggregated 
VOC process vents for which a singular annual mass emission total and 
average flowrate cutoff value is calculated and for which the option is 
applied across an aggregate of sources.'' Therefore, for process vents 
from batch unit operations, the EPA disagrees with the statements that 
the group determination equations are being used ``in a totally 
different context'' and that there is no supporting rationale for using 
them. The final rule retains the requirement that the Group criteria be 
applied to the nonepoxide organic HAP

[[Page 29432]]

emissions from the combination of process vents from batch unit 
operations associated with the use of nonepoxide organic HAP to make or 
modify the product.

G. Possibility of Dual Controls for Nonepoxide Organic HAP Emissions 
From Making or Modifying the Product

    As discussed above, the proposed rule required group determinations 
for the nonepoxide organic HAP process vent emissions from making or 
modifying the product. One commenter pointed out that the proposed rule 
was not clear about when and where to make this group determination. 
The commenter also noted that a process vent that uses a control 
technique for epoxides only (e.g., a scrubber or ECO) would require a 
second control technique for the nonepoxide organic HAP emissions.
    The EPA considered the commenter's points and the options suggested 
by the commenter. The final rule requires that the group determination 
for nonepoxide organic HAP emissions be made after the stream has been 
controlled for the epoxide emissions. The EPA believes that this 
approach addresses the situation regarding the possibility of dual 
control. If the epoxide control device also reduces nonepoxide 
emissions, then that control would impact whether the vent (or group of 
batch vents) is Group 1. Therefore, control of nonepoxide emissions 
along with the epoxides will impact whether controls are required at 
all. If the vent (or group of vents) still has sufficient nonepoxide 
organic HAP emissions after the epoxide control device to satisfy the 
Group 1 criteria, the EPA does not believe it is unreasonable to 
require an additional control device to achieve the specified percent 
reduction of the nonepoxide emissions.

H. Worst-Case Testing Requirements

    The proposed rule required that performance tests for process vents 
be conducted during worst-case operating conditions for the process. 
Four commenters requested that this requirement be deleted from the 
rule.
    Worst-case testing requirements were not deleted from the final 
rule, but were revised. The EPA's reason for requiring compliance 
testing under worst-case conditions is so that the reduction efficiency 
of the control device is documented under the most challenging 
conditions for that control device, especially since commenters noted 
how difficult it is to represent a typical venting episode. The phrase 
``worst-case'' in the proposed rule referred to the operating 
conditions of the process (or PMPU). The worst-case testing requirement 
has been revised to require testing during the worst-case conditions 
with respect to the combustion, recovery, or recapture (i.e., control) 
device.
    Presumably, the control device should function as well or better 
under conditions that are not as challenging. By revising the rule to 
require testing during the worst-case conditions with respect to the 
control device, continuous monitoring of operating parameters 
established during the test provides a reasonable measure of continuous 
compliance with the efficiency requirement under all conditions.
    The commenters asserted that there is no obvious technological 
difference that would require a different approach to performance 
testing in this rule from other regulations that have allowed 
performance tests during representative operating conditions. The EPA 
disagrees with the commenters' rationale. The EPA believes that there 
are obvious technological differences from the polyether polyols 
industry to industries previously regulated (particularly SOCMI type 
industries) since polyether polyols are produced on a batch basis. 
There is much more variance in the process vent parameters (i.e., flow 
and concentration) for process vent streams from batch unit operations, 
compared to process vents from continuous unit operations. In fact, 
this point was stressed by commenters. The EPA believes that it is more 
appropriate to compare the requirements of this rule with other rules 
that also regulate industries that operate on a batch basis. For this 
rule, the EPA not only compared the worst-case testing conditions with 
other rules regulating batch processes, but adopted similar language to 
that which is contained in the Pharmaceutical Production NESHAP (40 CFR 
part 63, subpart GGG).
    The EPA would like to clarify a misconception related to these 
worst-case testing provisions. It is not the intent that production 
schedules be significantly altered, or that impractical scenarios be 
created for testing that would never occur in actual production. In 
other words, the EPA intends that testing be conducted for the worst-
case situation that can reasonably be expected to occur during normal 
production. In order to clarify this intent, the EPA has added language 
in Sec. 63.1438, the general testing section of the rule. This new 
language specifies that absolute worst case testing conditions does not 
include situations that could cause damage to equipment, situations 
that necessitate that the owner or operator make products that do not 
meet an existing specification for sale to a customer, or situations 
that necessitate that the owner or operator make products in excess of 
demand.
    The added language in Sec. 63.1438 also specifies the time period 
in which the worst-case conditions are to be determined. This time 
period is either the 6-month period that ends 2 months before the 
Notification of Compliance Status is due, or the 6-month period that 
begins 3 months before the performance test and ends 3 months after the 
performance test. By limiting the worst-case conditions to one of these 
6-month periods, the rule eliminates the need for an owner or operator 
to consider endless possible production scenarios, and allows them to 
focus on those production scenarios in the 6-month period selected by 
the owner or operator.
    In conclusion, the EPA believes that requiring that performance 
tests for process vents from batch unit operations during absolute 
worst-case conditions is necessary to ensure that the emission 
limitations in the rule are achieved. The EPA also believes that, with 
the modifications to the rule made after proposal, that the worst-case 
provisions are reasonable and workable for the polyether polyols 
industry.

I. Engineering Calculations as an Alternative to Performance Testing

    Three commenters voiced concern over the feasibility, accuracy, 
expense, and safety of measuring emissions from process vents from 
batch unit operations. The commenters stated that a performance test on 
these short duration, variable vents is likely to be very inaccurate 
and potentially dangerous. Two of the commenters recommended that a 
material balance based on common engineering calculations should be 
allowed in the final rule as a compliance demonstration option. The 
commenters stated that engineering calculations would provide a more 
accurate, less costly, and significantly safer means to verify 
compliance.
    The EPA recognizes that there are issues related to the 
feasibility, accuracy, and expense of testing process vents from batch 
unit operations. The EPA would refer readers to Section 7.3 of the 
Batch ACT for a detailed discussion of these issues. However, the EPA 
does believe that accurate emission tests can be conducted for these 
process vents.
    One reason that the EPA has historically required performance 
testing for control devices that reduce emissions from process vents, 
when engineering analyses are allowed for

[[Page 29433]]

other emission sources (such as storage vessels), is that emissions 
from process vents are typically significantly larger than those from 
other emission sources. When emissions are larger, the EPA believes 
that it is important that the effectiveness of the control device be 
accurately determined by a performance test.
    Given that the magnitude of the emissions was a part of the basis 
for requiring performance tests, the EPA believes that it is reasonable 
to allow an alternative to performance testing for a process vent 
control device if emissions being routed to the device are comparable 
to the emissions that would be vented to control devices for other 
emission sources for which performance tests are not required. 
Therefore, the EPA decided that engineering assessments could be 
allowed in lieu of performance testing for ``small'' control devices 
that reduce HAP emissions from process vents. For the Pharmaceutical 
Production NESHAP, the EPA also determined that it was appropriate to 
allow engineering calculations as an alternative to performance testing 
for small control devices, where a small control device is defined as 
one with uncontrolled annual HAP emissions of less than 10 tons/yr (9.1 
Mg/yr). The EPA believes that this level of uncontrolled emissions is 
also appropriate to define a small control device for the polyether 
polyols industry. Therefore, the final rule allows the use of a design 
evaluation instead of a performance test if the control device receives 
less than 10 tons/yr (9.1 Mg/yr) uncontrolled emissions from one or 
more PMPUs.
    The exemption from performance testing for small control devices 
discussed above should help to alleviate some of the concerns raised by 
the commenters. Many of the concerns related to the feasibility, 
accuracy, and expense of testing these batch vents are due to the short 
duration, variable nature of batch venting episodes. The EPA believes 
that if a control device receives more than 10 tons/yr (9.1 Mg/yr) of 
uncontrolled HAP emissions, it is likely that the vent streams being 
routed to the device are of longer duration and less variable, thus 
making it easier to conduct the performance test.
    However, the EPA also recognizes that the small control device 
exemption will not totally eliminate the concerns raised by the 
commenters. Therefore, the EPA made other changes to the testing 
requirements to address potential problems related to the testing of 
batch process vents, which are briefly discussed below.
    Since batch emission episodes can be less than 1 hour, the rule was 
changed to specify that test runs be conducted for the complete 
duration of the batch venting episode or 1 hour, whichever is less. 
Other references to 1-hour periods were also removed.
    The proposed rule required the use of Method 1 or 1A to select 
sampling sites. Commenters claimed that, in many instances, neither 
method would be appropriate for the batch vent streams. The rule was 
restructured by separating the paragraph addressing the use of Method 1 
or 1A for sample or velocity traverses from the paragraphs specifying 
the sampling site location. In other words, if the owner or operator 
conducts a sample or velocity traverse, the final rule requires that 
Method 1 or 1A be used. However, it does not require that these methods 
be used to select sampling sites.
    With regard to the safety issue, the final rule states that, in 
cases where it is imperative to limit any leakage of emissions into the 
work atmosphere, a sampling port with a double seal should be installed 
so that the probe can be inserted and removed without any leakage of 
exhaust gas into the work atmosphere. Further, the final rule requires 
that permanent sampling ports be installed at the inlet to the control 
device during a period when it is most convenient (or least disruptive) 
to shut the process down (e.g., during a scheduled maintenance outage). 
In addition to these specific requirements, a general requirement was 
added that allows owners or operators to eliminate potential testing 
scenarios if the test could create a situation which could cause plant 
or testing personnel to be subject to unsafe conditions.
    In conclusion, the EPA acknowledges that issues exist with regard 
to the testing of emissions from batch process units. Changes have been 
made to the final rule to address these issues. However, the Agency 
maintains that numerous other industries that utilize batch processes 
are regulated by MACT standards, and are able to conduct performance 
tests. The EPA believes that the commenters did not provide sufficient 
rationale why the polyether polyols industry presents unique testing 
problems that are not present in these other industries that utilize 
batch processes. Therefore, the final rule requires that control 
devices that receive more than 10 tons/yr (9.1 Mg/yr) of uncontrolled 
organic HAP emissions conduct tests to demonstrate control device 
performance.

J. Allowable Test Methods for Control Efficiency Determinations

    The proposed rule required test Method 18 (40 CFR part 60, appendix 
A), or any other method or data that have been validated according to 
Method 301 (40 CFR part 63, appendix A) for control device efficiency 
determinations. Three commenters noted that this requirement was 
inconsistent with the test methods used by the facility whose data 
established the new source MACT floor for epoxide process vent 
emissions (Method 25A of 40 CFR part 60, appendix A, was used). These 
commenters also discussed the expense of Method 301 validations, and 
noted that the proposed rule relied on Method 25A in other parts of the 
rule (for wastewater), and that other rules (such as the Polymers and 
Resins IV rule) allow Method 25A without Method 301 validation.
    The EPA agrees that allowing of the use of Method 25A would provide 
more flexibility, and potentially provide the opportunity for less 
costly testing. However, the EPA believes that Method 25A should be 
used only after an accurate response factor has been determined. The 
importance of calibrating a flame ionization detector (FID) reading 
obtained using Method 25A with respect to a certain compound 
(adjustment by response factor) depends on how the Method will be used 
to demonstrate compliance with the standard. In general, the EPA 
believes that an accurate response factor is necessary in cases where 
Method 25A is used to demonstrate control efficiency across a device 
where the composition of the stream may change, or in situations where 
multiple components, including non-HAP VOC, are present. Because the 
relative proportion of organic compounds may change across the control 
device, appropriate response factors are needed to accurately quantify 
TOC at the inlet and outlet of a control device. In addition, the EPA 
believes that owners and operators should have the opportunity to 
demonstrate compliance at the outlet of a control device by measuring 
20 ppmv TOC or less. Therefore, the final rule does allow the use of 
Method 25A under certain conditions. The following describes the 
choices of test methods allowed in the final rule: (1) Method 18 (40 
CFR part 60, appendix A) to determine HAP concentration in any control 
device efficiency determination; (2) Method 25 (40 CFR part 60, 
appendix A) to determine total gaseous nonmethane organic concentration 
for control efficiency determinations in combustion devices; (3) Method 
25A (40 CFR part

[[Page 29434]]

60, appendix A) to determine the HAP or TOC concentration for control 
device efficiency determinations under the conditions specified in 
Method 25 (40 CFR part 60, appendix A) for direct measurement of an 
effluent with a flame ionization detector, or in demonstrating 
compliance with the 20 ppmv TOC outlet standard. As an alternative, any 
other method or data that have been validated according to the 
applicable procedures in Method 301 (40 CFR part 63, appendix A) may be 
used.

K. Site-Specific Onset of Extended Cookout

    In the proposed rule, the EPA recognized that extended cookout, or 
ECO, is a pollution prevention alternative used by some polyether 
polyols producers to reduce epoxide emissions. The proposed rule 
required that owners or operators of existing sources using ECO achieve 
the same 98 percent emission reduction (99.9 percent for new sources) 
that was required for owners or operators using combustion, recovery, 
or recapture devices. In order to demonstrate a percent efficiency, it 
was necessary to designate the basis, or the ``uncontrolled'' 
emissions, for assessing the percent reduction. The point where 
uncontrolled emissions were to be assessed, called the ``onset'' of the 
ECO, was defined in the proposed rule as the point when the epoxide 
concentration in the reactor liquid is equal to 25 percent of the 
concentration of epoxide in the liquid at the end of the epoxide feed. 
Commenters supported this default ECO onset, and it has been retained 
in the final rule.
    In addition to using this ``default'' definition of the ECO onset, 
the proposed rule allowed owners and operators the option of defining 
the onset of the ECO for their specific process, at another point. The 
factors required to allow an owner or operator to set a site-specific 
ECO onset were the profit variable margin (the difference between 
variable costs (raw materials and energy) of the product and the cost 
of the raw material). One commenter objected to allowing the 
establishment of a site-specific ECO onset based on economics, stating 
that economics can be subjective, making it easy to demonstrate a 98-
percent emission reduction.
    A late submittal from one commenter challenged the first 
commenter's argument that the onset of ECO is subjective, noting that 
one of the pieces of economic information, the price of the raw 
material, comes from the Chemical Market Reporter. However, the other 
variable in defining the onset of ECO, the product variable margin and 
the selling price, was the variable that provoked the original 
commenter's concern. In fact, the commenter providing the late comment 
stated that the product variable margin has ``a much stronger 
correlation between product profitability and the economic onset of 
ECO.''
    Due to the subjectivity of the product variable margin, and the 
strong correlation between the product variable margin and the ECO 
onset, the EPA agreed with the first commenter. The EPA revised the 
final rule, removing the option of setting site-specific ECO onsets. 
Allowing the determination of a site-specific ECO onset is not 
consistent with the concept of MACT, since, given the subjectivity of 
this approach, it could effectively result in different levels of 
control for facilities in the same source category.

L. Parameter Monitoring Excursion Definitions

    As a result of public comments, the EPA decided to restructure and 
expand the sections associated with parameter monitoring excursions in 
order to simplify and clarify these provisions in subpart PPP. The goal 
of these revisions was to include all of the necessary information 
about excursions and compliance in one location.
    At proposal, the definitions of excursions and the statement that 
owners and operators were out of compliance for each parameter 
monitoring excursion were located in separate paragraphs. In the final 
rule, these concepts are combined into the same paragraph 
(Sec. 63.1438(f)).
    Basically, there are two ways for excursions to occur. The first is 
if the average parameter value measured is above a maximum, or below a 
minimum, established value. The second is if insufficient monitoring 
data are collected. Revisions were made for both of these instances.
    Provisions were added specifying that monitoring data recorded 
during start-ups, shutdowns, and malfunctions, and during periods of 
non-operation of the affected source (or portion thereof) are not to be 
included in any average computed. In addition, the EPA has added 
paragraphs that describe the periods that are not to be included when 
determining the period of control or recovery device operation, for 
purposes of determining whether sufficient monitoring data were 
collected. Under the new provisions, the following periods are not to 
be used when determining if sufficient monitoring data are available 
for the owner or operator to avoid having an excursion: 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.

M. Monitoring During Start-ups, Shutdowns, and Malfunctions

    The proposed rule required that monitoring data be collected during 
periods of start-up, shutdown, or malfunction (SSM). Commenters 
requested that the EPA allow a provision for ceasing to collect 
monitoring data at a particular control device if operating that 
monitoring device during periods of SSM would damage the monitoring 
device. The EPA revised the final rule to allow the owner or operator 
to cease collecting monitoring data if the owner or operator has 
illustrated that the monitoring device would be damaged or destroyed if 
it were not shut down during the SSM period. Such a provision must be 
included in the Start-up, Shutdown, and Malfunction Plan. Getting such 
a provision in the Start-up, Shutdown, and Malfunction Plan is 
accomplished by submitting a request, and rationale defending the 
request, in the Precompliance Report or in a supplement to the 
Precompliance Report.

N. Process Vent Control Requirement for Epoxide Emissions From New 
Sources

    A major issue raised in the public comments that did not result in 
a rule change was related to the new source limitation for process vent 
epoxide emissions. The proposed rule included a requirement that 
epoxide emissions from process vents at new affected sources be reduced 
by 99.9 percent or greater. Several commenters objected to this 
requirement, and provided numerous reasons supporting their objections. 
Most of these reasons were related to the facility identified by the 
EPA as the ``best performing facility,'' upon which this new source 
limitation was based. The commenters felt that this facility was not 
representative of the industry, and that a separate subcategory should 
be created for this facility. The commenters also pointed out that 
there were inconsistencies between the test methods used by this best 
performing facility to verify their epoxide emission reduction and the 
test methods that were contained in the proposed rule. Further, the 
commenters stated that the 99.9 percent limitation would force new 
sources to utilize combustion technology, which would

[[Page 29435]]

increase criteria pollutants and create potential safety hazards.
    The EPA spent a great deal of time evaluating all aspects of this 
issue. The EPA concluded that the available data do not support the 
assertion that the polyether polyols source category should be 
subcategorized in the manner suggested by the commenters. Also, the 
fact that specific test data (which were analyzed in detail by the 
Agency) are available for this facility and that permit conditions are 
in place requiring compliance at the 99.9 percent level leaves the 
Agency little latitude in establishing new source MACT at a less 
stringent level. Discussion of each of the individual points raised by 
commenters is provided below.
1. Subcategorization
    As noted above, several commenters stated their belief that the 
facility that formed the basis for the 99.9 percent new source epoxide 
emission requirement was not representative of the industry, and that a 
separate subcategory should be created for this facility. The 
commenters discussed three characteristics of this facility to support 
this assertion. The first was the method of operation. The other two 
were the facility's size and the fact that the facility utilized two 
incinerators.
    By ``method of operation,'' commenters were referring to the 
venting method employed during the reaction phase of the production 
process. The commenters stated that the best performing facility is not 
a similar source, due to the fact that the reactor vents during the 
epoxide feed step of the reaction. The commenters claimed that such an 
operation would send high concentrations of epoxides to the control 
device as a continuous or semi-continuous stream, resulting in an 
artificially high destruction efficiency (compared to a facility that 
does not vent unreacted epoxides continuously).
    Prior to the development of the proposed rule, the EPA understood 
the technical merits of this argument, but did not have sufficient data 
to allow a comparison of the venting and emission characteristics of 
this facility with other polyether polyols production facilities. 
Therefore, the EPA requested additional data in order to conclude 
whether or not subcategorization was warranted on this basis. 
Therefore, the preamble to the proposed rule stated this data need and 
specifically requested facility-specific information, in order to allow 
for further evaluation of this issue (62 FR 46814).
    In response to this request, one commenter presented a comparison 
of uncontrolled and controlled epoxide emissions for a facility owned 
by the commenter that does not vent during the epoxide feed (i.e., a 
``nonvented'' facility) with the best controlled facility, which does 
vent during the epoxide feed (i.e., ``vented''). Another commenter 
provided a comparison of two facilities owned by the same company that 
were reported to be similar in most aspects, except with respect to 
when the facility vents the reactor (one was vented and one was 
nonvented). In addition, one commenter presented a hypothetical 
comparison between a venting facility and a nonventing facility. All of 
these comparisons led to conclusions by these commenters that 
uncontrolled emissions at vented facilities are much higher than 
uncontrolled emissions at nonvented facilities, which would give vented 
facilities an unfair advantage in achieving a higher epoxide emission 
reduction.
    The EPA appreciated these comparisons. However, several 
inconsistencies and assumptions were identified that caused the Agency 
to conclude that these comparisons do not, independently, provide a 
sufficient basis for subcategorizing the polyether polyols source 
category into vented and nonvented subcategories. Some of EPA's 
concerns with these comparisons are discussed below.
    With regard to the comparison of an actual facility with the best 
performing facility, the EPA found that the epoxide emission estimates 
used for the best performing facility in the commenter's comparison 
were drastically different from the emission data that were directly 
submitted to the EPA by the best performing facility. Also, the 
emission data from the commenter's facility had been updated from the 
data originally submitted during an EPA plant site visit to that 
facility. The estimates provided in the comments were lower than the 
original estimates due to process improvements at the facility (that 
were not related to the method of operation). The EPA conducted a 
similar comparison of the uncontrolled epoxide emissions at these same 
two facilities using the data originally submitted to the EPA by the 
two companies. The results were not in accordance with those presented 
by the commenter. In fact, the uncontrolled emission factor for the 
commenter's facility was higher than the best controlled facility's 
factor. Clearly, the analysis of the data available to the Agency does 
not support this commenter's analysis.
    The actual facility analysis conducted by a second commenter stated 
that their analysis consisted of two facilities owned by the commenter 
that were ``similarly sized units.'' However, the EPA found that the 
production capacity for the nonvented reactor was larger than that for 
the vented reactor, and the emissions were not adjusted accordingly.
    Finally, the hypothetical analysis assumed that a water-cooled 
condenser was used at the reactor vent. The EPA believes that the use 
of more efficient refrigerated condensers, which would result in 
considerably lower uncontrolled emissions, is more representative of 
practice in the industry.
    Given these and other inconsistencies in the facility comparisons 
provided by commenters, the EPA could not conclude that 
subcategorization was necessary.
    No commenters submitted the facility-specific data that were 
requested in the proposal preamble. Therefore, even if the examples 
provided by the commenters had led to the conclusion that 
subcategorization was warranted, the EPA did not have sufficient 
facility information to allow a complete subcategorization evaluation.
    However, the Agency still wanted to attempt to address the 
commenters' concerns on this issue. Given the lack of facility-specific 
data provided by the industry prior to proposal and during the public 
comment period, the EPA conducted a brief telephone survey to inquire 
specifically about the method of operation at polyether polyol 
production facilities. Representatives from all the facilities in the 
process vent database were called and asked to describe their method of 
venting during epoxide feed. Of the facilities for which the EPA was 
able to collect method-of-venting data, 24 percent (including the best-
controlled facility) reported venting during the epoxide feed step, and 
76 percent reported that their facilities did not vent during the 
epoxide feed step. Therefore, the EPA concluded that the manner of 
operation of the best-controlled facility was not ``unique,'' as was 
claimed by several of the commenters.
    The EPA then sought to determine whether the different venting 
modes during epoxide feed resulted in differences in the amount and 
pattern of emissions and the achievable degree of emission reduction. 
The EPA determined that using a facility's uncontrolled emission factor 
(mass uncontrolled epoxide emissions per mass of polyol product 
produced) was the best method of comparison, and calculated such a 
factor for each facility for which sufficient information was 
available. For the vented facilities, the median uncontrolled emission 
factor

[[Page 29436]]

was 0.17 lb epoxide emissions per 1000 lb of product. The mean 
uncontrolled emission factor was considered to be an inadequate measure 
of central tendency, because the data points for vented facilities had 
a widely varied distribution, with two orders of magnitude difference 
between the ends of the range. For the nonvented facilities, the median 
uncontrolled emission factor was 1.09. The commenters asserted that 
uncontrolled epoxide emissions at vented facilities are considerably 
higher than those at nonvented facilities. However, the results of the 
EPA's analysis, based on the best information available, clearly do not 
support this assertion, since the median uncontrolled emission factor 
calculated for nonvented facilities is over six times higher than the 
median uncontrolled emission factor for vented facilities.
    In conclusion, based on all of the information available to the 
Agency, the EPA was unable to determine a different emission trend 
between the vented and nonvented groups from the data made available to 
the Agency between proposal and promulgation. Therefore, the EPA did 
not subcategorize the industry based on the method of operation.
    The commenters' second rationale for supporting their claim that 
the best-controlled facility is not a similar source was that the 
facility's production capacity is many times that of other sources in 
the source category. It is the EPA's policy (57 FR 31576; July 16, 
1992) that subcategories, or subsets of similar emission sources within 
a source category, be defined if technical differences in emissions 
characteristics, processes, control device applicability, or 
opportunities for pollution prevention exist within the source 
category. The EPA does not believe that the fact that the best-
controlled facility has a larger production capacity satisfies any of 
these criteria. Further, since one facility in the process vent 
database has a capacity that is 83 percent of the best-controlled 
facility's capacity, the EPA also disagrees that the production 
capacity at the best-controlled facility is unusually large in 
comparison to the rest of the source category.
    The third argument given by the commenters to support their claim 
that the best-controlled facility is not similar to other affected 
sources was that this facility has two incinerators, and that no other 
source uses incineration. The EPA disagrees with the commenters' claim 
that the best-controlled facility is the only source using an 
incinerator to control epoxide emissions, since there is another 
facility in the database that also uses incineration. Further, the fact 
that a source has a better control than all other facilities in the 
source category through the use of one or more incinerators is not a 
sufficient basis for asserting that the source should be 
subcategorized. The purpose of MACT is to ensure that regulated sources 
meet the control standards achieved by the best performing sources in 
the category. Subcategorization on the basis of the control technology 
utilized would undermine the very concept of MACT.
    In addition to the evaluation of the individual points raised by 
commenters, the EPA also considered whether these characteristics of 
the best-controlled facility collectively form a basis for 
subcategorization. The EPA concluded that, based on the facility-
specific process, emissions, and emissions control information provided 
to the Agency by the polyether polyol industry, a separate subcategory 
should not be created solely for the best-controlled facility.
2. Inconsistency in Test Methods
    An additional concern raised by two commenters was that the data 
from the best-controlled facility do not support the new source 
standard because the Agency used information from the State permit and 
its corresponding performance test reports as data for the best-
controlled facility. The commenters claimed that these data were 
submitted to the State agency to demonstrate compliance with permit 
emission limitations for VOC, not HAP, and to document that the 
incinerators were meeting the required VOC destruction efficiency. They 
noted that there are several significant inconsistences between the 
test methods used and the methods required in the proposed standards.
    The EPA disagrees with the commenters' statement that the data from 
the best-controlled facility do not support the new source standard 
because the performance test was conducted to determine VOC destruction 
efficiency instead of epoxide emission destruction efficiency, and that 
the permit conditions are specific to VOC. The primary pollutant in the 
stream was propylene oxide (PO), and this is the pollutant for which 
Method 18, at the inlet of the incinerator, and Method 25A, at the 
outlet of the incinerator, were calibrated during the test at the best-
controlled facility. Therefore, even though the test and permit cite 
VOC destruction efficiency, it is clear that it is the destruction of 
PO that was tested and regulated at the best-controlled facility. The 
commenters' concerns about inconsistencies between the test reports and 
the proposed standards was discussed in greater detail earlier in this 
document, in relation to the changes to the test method requirements.
3. Increase in Criteria Pollutant Emissions
    Two commenters explained that the combustion technology utilized by 
the best-controlled facility (which would be necessary to meet the 99.9 
percent requirement) results in an increase in criteria pollutants, 
which were not included in EPA's MACT floor analysis, while alternative 
control technologies, such as scrubbers or ECO, would be expected to 
cause significantly lower nitrogen oxides (NOX) emissions. 
The EPA is aware that incineration has secondary criteria pollutant 
emissions. However, MACT floor decisions, under the Clean Air Act, are 
based on the reduction of HAP emissions, and not on their secondary 
impacts. The EPA also realizes that an increase in criteria pollutants 
could trigger Prevention of Significant Deterioration (PSD) and/or New 
Source Review (NSR). The EPA has addressed this issue in previous 
NESHAP, by referring to a July 1, 1994 guidance memorandum issued by 
the EPA (available on the Technology Transfer Network; see ``Pollution 
Control Projects (PCP) and NSR Applicability'' from John S. Seitz, 
Director, Office of Air Quality Planning and Standards to EPA Regional 
Air Division Directors). In that memorandum, the EPA provided guidance 
for permitting authorities regarding their ability to approve the PCP 
exemptions (from PSD review and major NSR) for source categories other 
than electric utilities that use add-on controls and switching to less-
polluting fuels to reduce emissions of toxic pollutants. In the July 1, 
1994 guidance memorandum, the EPA specifically identified the 
combustion of organic toxic pollutants as an example of an add-on 
control that could be considered a PCP and an appropriate candidate for 
a case-by-case exclusion from major NSR. The EPA is alert to potential 
NSR conflicts and feels that this memorandum will alleviate most NSR/
PSD review concerns. In the event that it will not, the EPA will 
attempt to create implementation flexibility on a case-by-case basis.
4. Safety Concerns
    The commenters claimed that the EPA has failed to account for 
potential process safety considerations associated with the combustion 
of ethylene oxide (EO). The safety issues of incineration of epoxides 
were adequately addressed at

[[Page 29437]]

the best-controlled facility and the other facility in the database 
that has incineration. Therefore, the EPA did not find these reasons to 
be sufficient to justify eliminating the data from the best-controlled 
facility when determining the MACT floor for new sources.

VII. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
submitted to or otherwise considered by the EPA in the development of 
the final standards. The principal purposes of the docket are:
    (1) To allow interested parties to readily identify and locate 
documents so that they can intelligently and effectively participate in 
the rulemaking process; and
    (2) To serve as the record in case of judicial review (except for 
interagency review materials (section 307(d)(7)(A))).

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in 
standards 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 entitlement, 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.
    The EPA has determined that this rule does not meet any of the 
criteria enumerated above and therefore, does not constitute a 
``significant regulatory action'' under the terms of Executive Order 
12866.

C. Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that the EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This final rule falls into that 
category only in part: The minimum rule stringency is set according to 
a congressionally-mandated, technology-based lower limit called the 
``floor,'' while a decision to increase the stringency beyond this 
floor can be based on risk considerations. Only to the extent that the 
Agency may consider the inherent toxicity of a regulated pollutant, and 
any differential impact such a pollutant may have on children's health, 
in deciding whether to adopt control requirements more stringent than 
the floor level.
    This final rule is not subject to Executive Order 13045 because it 
is not economically significant as defined in Executive Order 12866. No 
children's risk analysis was performed for this rulemaking because no 
alternative technologies exist that would provide greater stringency at 
a reasonable cost, and therefore the results of any such analysis would 
have no impact on the stringency decision.

D. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1811.02) and a copy may be obtained from Sandy Farmer by mail 
at OP Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M St., SW.; Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the internet at http://www.epa.gov/icr. The information 
requirements are not effective until OMB approves them.
    The public recordkeeping and reporting burden for this collection 
of information is estimated to average 1,046 hours per respondent for 
the first year and 162 hours for each of the second and third years 
(following promulgation of the rule). Burden means the total time, 
effort, or financial resources expended by persons to generate, 
maintain, retain, or disclose or provide information to or for a 
Federal agency. This includes the time needed to review instructions; 
develop, acquire, install, and utilize technology and systems for the 
purposes of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information; adjust the existing ways to comply with any previously 
applicable instructions and requirements; train personnel to be able to 
respond to a collection of information; search data sources; complete 
and review the collection of information; and transmit or otherwise 
disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

E. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
adverse economic impact on a substantial number of small businesses. 
Consistent with Small Business Administrative (SBA) size standards, a 
polyether polyols producing firm is classified as a small entity if it 
has less than 750 employees and is unaffiliated with a larger domestic 
entity. Based upon this standard, 7 of the 36 polyether polyol 
producing firms are classified as small entities (i.e., having fewer 
than 750 employees). The EPA determined that none of these seven small 
entities will experience an increase in costs as a result of the 
promulgation of today's rule that is greater than one percent of 
revenues. This does not qualify as a significant economic impact on a 
substantial number of small businesses.

F. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides

[[Page 29438]]

that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. The EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. Sec. 804(2).

G. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in aggregate, or the private 
sector in any 1 year, nor does the rule significantly or uniquely 
impact small governments, because it contains no requirements that 
apply to such governments or impose obligations upon them. Thus, the 
requirements of the UMRA do not apply to this rule.

H. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule implements requirements specifically set forth by the 
Congress in section 112 of the CAA without the exercise of any 
discretion by the EPA. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to this rule.

I. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. The rule does not affect 
these entities because they do no own or operate sources subject to 
this rule and therefore are not required to purchase control systems to 
meet the requirements of this rule. Accordingly, the requirements of 
section 3(b) of Executive Order 13084 do not apply to this rule.

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA), Pub. L. 104-113 (March 7, 1996), directs all Federal 
agencies to use voluntary consensus standards in regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impracticable. Voluntary consensus 
standards are technical standards (e.g., materials specifications, test 
methods, sampling procedures, and business practices) developed or 
adopted by one or more voluntary consensus bodies. The NTTAA requires 
Federal agencies to provide Congress, through annual reports to OMB, 
with explanations when an agency does not use available and applicable 
voluntary consensus standards. This section summarizes the EPA's 
response to the requirements of the NTTAA for the analytical and test 
methods to be required by this final rule.
    Consistent with the NTTAA, the EPA conducted a search to identify 
voluntary consensus standards. The search identified 15 voluntary 
consensus standards that appeared to have possible use in lieu of EPA 
standard reference methods in this rule. However, after reviewing 
available standards, EPA determined that eight of the candidate 
consensus standards identified for measuring emissions of the HAP or 
surrogates subject to emission standards in the rule would not be 
practical due to lack of equivalency, documentation, validation data or 
other important technical and policy considerations. Seven of the 
remaining candidate consensus standards are new standards under 
development that EPA plans to follow, review and consider adopting at a 
later date.

[[Page 29439]]

    One consensus standard, ASTM Z7420Z, is potentially practical for 
EPA use in lieu of EPA Method 18 (See 40 CFR part 60, appendix A). At 
the time of EPA's search, the ASTM standard was still under development 
and EPA had provided comments on the method. The EPA also compared a 
draft of this ASTM standard to methods previously approved as 
alternatives to EPA Method 18 with specific applicability limitations. 
These methods, designated as ALT-017 and CTM-028, are available through 
EPA's Emission Measurement Center Internet site at www.epa.gov/ttn/emc/
tmethods.html. The proposed ASTM Z7420Z standard is very similar to 
these approved alternative methods. When finalized and adopted by ASTM, 
the standard may be equally suitable for specific applications. 
However, today's rule does not adopt the ASTM standard at this time as 
it is not practical to do so until the potential candidate is final and 
EPA has reviewed the final standard. The EPA plans to continue to 
follow the progress of the standard and will consider adopting the ASTM 
standard at a later date.
    This rule requires standard EPA methods known to the industry and 
States. Approved alternative methods also may be used with prior EPA 
approval.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: May 12, 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 amended as follows:

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

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

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

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

Subpart PPP--National Emission Standards for Hazardous Air Pollutant 
Emissions for Polyether Polyols Production

Sec.
63.1420  Applicability and designation of affected sources.
63.1421  Delegation of authority.
63.1422  Compliance dates and relationship of this rule to existing 
applicable rules.
63.1423  Definitions.
63.1424  Emission standards.
63.1425  Process vent control requirements.
63.1426  Process vent requirements for determining organic HAP 
concentration, control efficiency, and aggregated organic HAP 
emission reduction for a PMPU.
63.1427  Process vent requirements for processes using extended 
cookout as an epoxide emission reduction technique.
63.1428  Process vent requirements for group determination of PMPUs 
using a nonepoxide organic HAP to make or modify the product.
63.1429  Process vent monitoring requirements.
63.1430  Process vent reporting and recordkeeping requirements.
63.1431  Process vent annual epoxides emission factor plan 
requirements.
63.1432  Storage vessel provisions.
63.1433  Wastewater provisions.
63.1434  Equipment leak provisions.
63.1435  Heat exchanger provisions.
63.1436  [Reserved]
63.1437  Additional requirements for performance testing.
63.1438  Parameter monitoring levels and excursions.
63.1439  General recordkeeping and reporting provisions.

Table 1 to Subpart PPP of Part 63--APPLICABILITY OF GENERAL 
PROVISIONS TO SUBPART PPP AFFECTED SOURCES
Table 2 to Subpart PPP of Part 63--APPLICABILITY OF SUBPARTS F, G, 
H, AND U TO SUBPART PPP AFFECTED SOURCES
Table 3 to Subpart PPP of Part 63--GROUP 1 STORAGE VESSELS AT 
EXISTING AND NEW AFFECTED SOURCES
Table 4 to Subpart PPP of Part 63--KNOWN ORGANIC HAP FROM POLYETHER 
POLYOL PRODUCTS
Table 5 to Subpart PPP of Part 63--PROCESS VENTS FROM BATCH UNIT 
OPERATIONS--MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS
Table 6 to Subpart PPP of Part 63--PROCESS VENTS FROM CONTINUOUS 
UNIT OPERATIONS--MONITORING, RECORDKEEPING, AND REPORTING 
REQUIREMENTS
Table 7 to Subpart PPP of Part 63--OPERATING PARAMETERS FOR WHICH 
MONITORING LEVELS ARE REQUIRED TO BE ESTABLISHED FOR PROCESS VENTS 
STREAMS
Table 8 to Subpart PPP of Part 63--ROUTINE REPORTS REQUIRED BY THIS 
SUBPART

Subpart PPP--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyether Polyols Production


Sec. 63.1420  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 (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 the group of one or 
more polyether polyol manufacturing process units (PMPUs) 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, and that is located at a plant site that is a 
major source.
    (3) A new affected source is defined as a source that meets the 
criteria of paragraph (a)(3)(i), (ii), or (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 (iii) of 
this section.
    (i) At a site without organic HAP emission points before September 
4, 1997 (i.e., a ``greenfield'' site), the group of one or more PMPUs 
and associated equipment, as listed in paragraph (a)(4) of this 
section, that is part of a major source, and on which construction for 
the PMPU(s) commenced after September 4, 1997;
    (ii) The group of one or more PMPUs meeting the criteria in 
paragraph (g)(1)(i) of this section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (g)(2)(i) of this section.
    (4) The affected source also includes the emission points and 
equipment specified in paragraphs (a)(4)(i) through (vi) of this 
section that are associated with a PMPU (or a group of PMPUs) making up 
an affected source, as defined in Sec. 63.1423.
    (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 techniques and recovery 
devices.
    (v) Product finishing operation.
    (vi) Each feed or catalyst operation.
    (b) PMPUs without organic HAP. The owner or operator of a PMPU 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 during 
the production of one or more products is only subject to the 
provisions of this subpart as specified in paragraph (b)(1) or (2) of 
this section, as applicable. Products or raw material(s) containing 
organic HAP as impurities

[[Page 29440]]

only are not considered organic HAP for the purposes of this paragraph.
    (1) If an organic HAP is not used or manufactured in the production 
of polyether polyols, the PMPU is not subject to any provisions of this 
subpart, except that the owner or operator shall comply with either 
paragraph (b)(1)(i) or (ii) of this section. The owner or operator is 
not required to comply with the provisions of 40 CFR part 63, subpart A 
(the General Provisions) for that PMPU.
    (i) Retain information, data, and analyses used to document the 
basis for the determination that the PMPU 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.
    (ii) When requested by the Administrator, demonstrate that the PMPU 
does not use or manufacture any organic HAP.
    (2) If an organic HAP is used or manufactured in the production of 
polyether polyols, but an organic HAP is not used in the production of 
one or more products that are not polyether polyols, the PMPU is not 
subject to any provision of this subpart other than paragraph (b)(1)(i) 
or (ii) of this section during the production of the non-polyether 
polyol products that do not use or manufacture any organic HAP.
    (c) Emission points included in the affected source but not subject 
to the provisions of this subpart. The affected source includes the 
emission points listed in paragraphs (c)(1) through (12) of this 
section, but these emission points are not subject to the requirements 
of this subpart or the provisions of 40 CFR part 63, subpart A.
    (1) Equipment that does not contain organic HAP or that contains 
organic HAP as impurities only and is located at a PMPU that is part of 
an affected source.
    (2) Stormwater managed in 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 that store and/or handle material that contains no 
organic HAP or organic HAP as impurities only.
    (9) Equipment that operates in organic HAP service for less than 
300 hours during the calendar year.
    (10) Loading racks, loading arms, or loading hoses that only 
transfer liquids containing HAP as impurities.
    (11) Loading racks, loading arms, or loading hoses that vapor 
balance during all loading operations.
    (12) Utility fluids, such as heat transfer fluids.
    (d) Processes exempted from the affected source. The processes 
specified in paragraphs (d)(1) through (3) of this section are not part 
of the affected source and are exempted from the requirements of both 
this subpart and subpart A of this part.
    (1) Research and development facilities.
    (2) Solvent reclamation, recovery, or recycling operations at 
hazardous waste treatment, storage, and disposal facilities (TSDF) 
requiring a permit under 40 CFR part 270 that are not part of a PMPU to 
which this subpart applies.
    (3) Reactions or processing that occur after the epoxide 
polymerization is complete and after all catalyst removal steps, if 
any, are complete.
    (e) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce a 
polyether polyol shall determine if the process unit is subject to this 
subpart in accordance with this paragraph.
    (1) Initial primary product determination. The owner or operator 
shall initially determine the primary product of each process unit in 
accordance with paragraphs (e)(1)(i) through (iii) of this section.
    (i) If a process unit manufactures only 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 (e)(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 polyether polyol, then the polyether polyol 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 
paragraph (e)(1)(iii)(A) or (B) of this section based on the 
anticipated operations for the 5 years following September 4, 1997 for 
existing process units, or for the first year after the process unit 
begins production of any product for the 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 (e)(2) 
of this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified 5-year period for 
existing process units, or the specified 1-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 5-year 
period for existing process units, or the specified 1-year period for 
new process units shall represent the primary product of the flexible 
operation unit.
    (iv) If, according to paragraph (e)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is a polyether polyol, 
then that process unit shall be designated as a PMPU. If the plant site 
is a major source, that PMPU 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 one or more other PMPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, 
and subject to this subpart. If the primary product of a process unit 
is not a polyether polyol, then that process unit is not a PMPU.
    (2) Provisions if primary product cannot be determined. If the 
primary product cannot be determined for a flexible operation unit in 
accordance with paragraph (e)(1)(iii) of this section, applicability 
shall be determined in accordance with this paragraph.
    (i) If the owner or operator can determine that a polyether polyol 
is not the primary product, then that flexible operation unit is not a 
PMPU.
    (ii) If the owner or operator cannot determine that a polyether 
polyol is not the primary product as specified in paragraph (e)(2)(i) 
of this section, applicability shall be determined in accordance with 
paragraph (e)(2)(ii)(A) or (B) of this section.
    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as a PMPU if a polyether 
polyol was produced for 5 percent or greater of the total operating 
time of the flexible operation unit since September 4, 1997.

[[Page 29441]]

    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as a PMPU if the owner or 
operator anticipates that a polyether polyol 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.
    (3) Annual applicability determination for non-PMPUs that have 
produced a polyether polyol. Once per year beginning June 1, 2004 the 
owner or operator of each flexible operation unit that is not 
designated as a PMPU, but that has produced a polyether polyol at any 
time in the preceding 5-year period or since the date that the unit 
began production of any product, whichever is shorter, shall perform 
the evaluation described in paragraphs (e)(3)(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 over which the product was produced during the preceding 5-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 5-year period.
    (iii) If the primary product identified in paragraph (e)(3)(ii) is 
a polyether polyol, the flexible operation unit shall be designated as 
a PMPU. The owner or operator shall notify the Administrator no later 
than 45 days after determining that the flexible operation unit is a 
PMPU, and shall comply with the requirements of this subpart in 
accordance with paragraph (g)(1) of this section for the flexible 
operation unit.
    (4) Applicability determination for non-PMPUs that have not 
produced a polyether polyol. The owner or operator that anticipates the 
production of a polyether polyol in a process unit that is not 
designated as a PMPU, and in which no polyether polyol 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 use the procedures in paragraph (e)(1) or (2) of this section to 
determine if the process unit is designated as a PMPU, with the 
exception that for existing process units, owners or operators shall 
project production for the 5 years following the date that the owner or 
operator anticipates initiating the production of a polyether polyol, 
instead of the 5 years following September 4, 1997. If the unit is 
designated as a PMPU, the owner or operator shall comply in accordance 
with paragraph (g)(1) of this section.
    (5) Applicability of requirements for PMPUs that are flexible 
operation units. The owner or operator of PMPUs that are flexible 
operation units shall comply with the provisions of this subpart in 
accordance with paragraphs (e)(5)(i) through (iii) of this section.
    (i) Control requirements. The owner or operator shall comply with 
the control requirements of this subpart in accordance with paragraphs 
(e)(5)(i)(A) and (B) of this section.
    (A) During periods when the PMPU produces polyether polyols, the 
owner or operator shall comply with the provisions of this subpart.
    (B) During periods when the PMPU produces products other than 
polyether polyols, the owner or operator is not required to install 
additional combustion, recovery, or recapture devices (to otherwise 
demonstrate compliance). However, the owner or operator shall continue 
to operate any existing combustion, recovery, or recapture devices that 
are required for compliance during the production of polyether polyols, 
with the exceptions provided in paragraph (e)(5)(iv) of this section. 
If extended cookout (ECO) is the control technique chosen for epoxide 
emission reduction, then ECO or a control technique providing an 
equivalent reduction in epoxide emissions should continue to be used 
for epoxide emission reduction, if the non-polyether polyol being 
produced uses epoxide monomers.
    (ii) Monitoring requirements. The owner or operator shall comply 
with the monitoring requirements of this subpart in accordance with 
paragraphs (e)(5)(ii)(A) and (B) of this section, and paragraph 
(e)(5)(ii)(C) of this section if applicable.
    (A) The owner or operator shall establish a single parameter 
monitoring level (for each parameter required to be monitored at each 
device subject to monitoring requirements) in accordance with 
Sec. 63.1438(a) based on emission point and control technique 
characteristics when polyether polyol is being produced.
    (B) The owner or operator shall monitor each parameter at each 
device subject to monitoring requirements at all times (during periods 
when the PMPU produces polyether polyols, and during periods when the 
PMPU produces products other than polyether polyols), with the 
exceptions provided in paragraph (e)(5)(iv) of this section.
    (C) If ECO is used to reduce epoxide emissions, a parameter 
monitoring level shall be established for the production of non-
polyether polyol products as the average of the established parameter 
levels for all product classes produced. During periods when products 
other than polyether polyols are produced, the ECO shall be performed 
so that the parameter monitoring level established for the production 
of non-polyether polyol products is maintained when the ECO is used as 
a control technique.
    (iii) Group determinations. For emission points where the owner or 
operator is required to determine if the emission point is Group 1 
according the definitions in Sec. 63.1423 (storage vessels, process 
vents for nonepoxide organic HAP emissions used to make or modify the 
product, and wastewater), the owner or operator shall determine the 
group status based on emission point characteristics when polyether 
polyol is being manufactured. Group 1 emission points shall be 
controlled in accordance with paragraph (e)(5)(i) of this section.
    (iv) Exceptions. During periods when products described in 
paragraphs (e)(5)(iv)(A) and (B) of this section are produced, the 
owner or operator is not required to comply with the provisions of this 
subpart.
    (A) Products in which no organic HAP is used or manufactured, 
provided that the owner or operator comply with paragraph (b)(2) of 
this section.
    (B) Products that make the PMPU subject to 40 CFR part 63, subpart 
GGG (Pharmaceuticals Production NESHAP).
    (6) [Reserved]
    (7) [Reserved]
    (8) Requirements for process units that are not PMPUs. If it is 
determined that a 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 
process unit is not a PMPU, or, when requested by the Administrator, 
demonstrate that the process unit is not a PMPU.
    (9) PMPUs terminating production of polyether polyols products. If 
a PMPU terminates the production of polyether polyol and does not 
anticipate the production of a polyether polyol in the future, the 
process unit is no longer a PMPU 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 
polyether polyol will be produced in the process unit in the future.
    (10) Redetermination of applicability to PMPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of a PMPU that is 
operating as a flexible operation unit from a polyether polyol to a 
product that would make the process unit subject to another subpart of 
this part, the owner or operator shall

[[Page 29442]]

reevaluate the primary product, in accordance with paragraphs (e)(3)(i) 
and (ii) of this section. If the conditions in paragraphs (e)(10)(i) 
through (iii) of this section are met, the flexible operation unit 
shall no longer be designated as a PMPU 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. If the conditions 
in paragraphs (e)(10)(i) through (iii) of this section are not met, the 
flexible operation unit shall continue to be considered a PMPU and 
subject to the requirements of this subpart.
    (i) The product identified as the primary product is not polyether 
polyol;
    (ii) The production of the product identified as the primary 
product is subject to another subpart of this part; and
    (iii) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (f) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (f)(1) through (7) 
of this section to determine to which process unit a storage vessel 
shall be assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 (National Emission Standards for Hazardous Air Pollutants 
for Source Categories) on June 1, 1999, that storage vessel shall be 
assigned to the process unit subject to the other subpart, and none of 
the other provisions in this subpart shall apply to that storage 
vessel.
    (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 a PMPU subject to this subpart, the storage vessel shall be 
assigned to that PMPU.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are PMPUs that have different primary products and that are 
subject to this subpart, then the owner or operator shall assign the 
storage vessel to any one of the PMPUs sharing the storage vessel.
    (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 June 1, 1999 or based on the 
expected utilization for the 5 years following June 1, 1999 for 
existing affected sources, whichever is more representative of the 
expected operations for that storage vessel, and based on the expected 
utilization for the 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. 63.1439(e)(5)(v).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into or receive 
material 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 
(f)(7)(i) through (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 materials, as appropriate). With 
respect to any process unit, an intervening storage vessel means a 
storage vessel connected by hard-piping to both the process unit and 
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 (f)(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 (f)(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 (f)(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 
(f)(3) through (6) of this section. The predominant use shall be 
determined among only those process units that meet the criteria of 
paragraph (f)(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.
    (g) Changes or additions to plant sites. The provisions of this 
paragraph apply to the owner or operator that changes or adds to their 
plant site or affected source.
    (1) Adding a PMPU to a plant site. The provisions of paragraphs 
(g)(1)(i) and (ii) of this section apply to the owner or operator that 
adds one or more PMPUs to a plant site. A PMPU may be added to a plant 
site by constructing or reconstructing a process unit to produce 
polyether polyols. A PMPU may also be added to a plant site due to 
changes in production (anticipated production or actual past 
production) such that a polyether polyol becomes the primary product of 
a process unit that was not previously a PMPU.
    (i) If a group of one or more PMPUs is added to a plant site, the 
added group of one or more PMPUs and their 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 June 1, 1999, whichever is 
later, if the criteria specified in paragraph (g)(1)(i)(A) is met and 
either the criteria in paragraph (g)(1)(i)(B) or (C) of this section 
are met.
    (A) The process units are new process units, as defined in 
Sec. 63.1423.
    (B) The added group of one or more PMPUs and associated equipment, 
as listed in paragraph (a)(4) of this section, has the potential to 
emit 10 tons per year (9.1 megagrams per year) or more of any organic 
HAP or 25 tons per year (22.7 megagrams per year) or more of any 
combination of organic HAP, and polyether polyols are currently 
produced at the plant site as the primary product of an affected 
source.
    (C) A polyether polyol 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 is constructed will meet, the General Provisions' 
definition of a major source in Sec. 63.2.
    (ii) If a group of one or more PMPUs is added to a plant site, and 
the added group of one or more PMPUs does not meet the criteria 
specified in paragraph (g)(1)(i)(A) of this section and one of the 
criteria specified in either paragraph (g)(1)(i)(B) or (C) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the owner or operator of the added group 
of one or more PMPUs and associated equipment, as listed in

[[Page 29443]]

paragraph (a)(4) of this section, shall comply with the requirements 
for an existing affected source in this subpart upon initial start-up; 
by June 1, 2002; or by 6 months after notifying the Administrator that 
a process unit has been designated as a PMPU (in accordance with 
paragraph (g)(3) of this section), whichever is later.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (g)(2)(i) and (ii) of 
this section apply to the owner or operator that adds emission points 
or makes process changes to an existing affected source.
    (i) If any process change or addition is made to an existing 
affected source that meets the criteria specified in paragraphs 
(g)(2)(i)(A) and (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 June 1, 
1999.
    (A) It is a process change or addition that meets the definition of 
reconstruction in Sec. 63.1423(b). For purposes of determining whether 
the fixed capital cost of the new components exceeds 50 percent of the 
fixed capital cost that would be required to construct an entire 
affected source, the equivalent capital cost shall be the entire 
potentially affected source; and
    (B) Such reconstruction commenced after September 4, 1997.
    (ii) If any process change is made or emission point is added to an 
existing affected source, and the process change or addition does not 
meet the criteria specified in paragraph (g)(2)(i)(A) 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. 63.1422 (i.e., December 
1, 1999 for most equipment leak components, and June 1, 2002 for 
emission points other than equipment leaks).
    (3) Determining what are and are not process changes. For purposes 
of paragraph (g) of this section, examples of process changes include, 
but are not limited to, additions in process equipment resulting in 
changes in production capacity; production of a product outside the 
scope of the compliance demonstration; or whenever there is a 
replacement, removal, or addition of recovery equipment. For purposes 
of paragraph (g) 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. 63.1439(e)(5).
    (4) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. An owner or operator that 
changes or adds to their plant site or affected source, as discussed in 
paragraphs (g)(1) and (2) of this section, shall submit a report as 
specified in Sec. 63.1439(e)(7)(ii).
    (h) Applicability of this subpart during periods of start-up, 
shutdown, malfunction, or non-operation. Paragraphs (h)(1) through (4) 
of this section shall be followed during periods of start-up, shutdown, 
malfunction, and 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. These emission limitations shall not apply 
during periods of start-up, shutdown, or malfunction, during which 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 storage tank 
provisions in Sec. 63.1432. Similarly, the degassing of a storage 
vessel would not affect the ability of a process vent to meet the 
emission limitations for process vents in Secs. 63.1425 through 
63.1430.
    (2) The emission limitations set forth in 40 CFR part 63, subpart 
H, as referred to in the equipment leak provisions in Sec. 63.1434, 
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. 63.1434 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 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. 63.1439(e)(4). Once approved by the Administrator in accordance 
with Sec. 63.1439(e)(4)(vii), 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 shall be 
incorporated into the start-up, shutdown, malfunction plan for that 
affected source, as stated in Sec. 63.1439(b)(1).
    (4) During start-ups, shutdowns, and malfunctions when the emission 
limitations of this subpart do not apply pursuant to paragraphs (h)(1) 
through (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. Use of back-up control 
techniques is not required, but is allowed, if available.


Sec. 63.1421  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(l) of the Act, the authorities

[[Page 29444]]

contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Authorities which will not be delegated to the States: the 
permission to use an alternative means of emission limitation, from 
Sec. 63.6(g), and the authority of Sec. 63.177.


Sec. 63.1422  Compliance dates and relationship of this rule to 
existing applicable rules.

    (a) [Reserved]
    (b) New affected sources that commence construction or 
reconstruction after September 4, 1997 shall be in compliance with this 
subpart upon initial start-up or by June 1, 1999, whichever is later, 
as provided in Sec. 63.6(b).
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.1434 for which compliance is covered by 
paragraph (d) of this section) no later than June 1, 2002, 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 (5) of this 
section, existing affected sources shall be in compliance with 
Sec. 63.1434 no later than December 1, 1999 unless an extension has 
been granted as specified in paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than June 1, 2000 for any compressor meeting one or more 
of the criteria in paragraphs (d)(1)(i) through (iv) of this section, 
if the work can be accomplished without a process unit shutdown, as 
defined in Sec. 63.161.
    (i) The seal system will be replaced.
    (ii) A barrier fluid system will be installed.
    (iii) A new barrier fluid will be utilized which requires changes 
to the existing barrier fluid system.
    (iv) The compressor shall be modified to permit connecting the 
compressor to a closed vent system.
    (2) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than December 1, 2000, for any compressor meeting all 
the criteria in paragraphs (d)(2)(i) through (iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (iv) of this section.
    (ii) The work can be accomplished without a process unit shutdown 
as defined in Sec. 63.161.
    (iii) The additional time is necessary, due to the unavailability 
of parts beyond the control of the owner or operator.
    (iv) The owner or operator submits the request for a compliance 
extension to the appropriate U.S. Environmental Protection Agency 
Regional Office at the addresses listed in Sec. 63.13 no later than 45 
days before December 1, 1999. 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, as 
defined in Sec. 63.161, the owner or operator shall achieve compliance 
no later than June 1, 2001. 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 not later than June 1, 2002 for any compressor meeting one or 
more of the criteria in paragraphs (d)(4)(i) through (iii) of this 
section. The owner or operator who elects to use these provisions shall 
submit a request for an extension of compliance in accordance with the 
requirements of paragraph (d)(2)(iv) of this section.
    (i) Compliance cannot be achieved without replacing the compressor.
    (ii) Compliance cannot be achieved without recasting the distance 
piece.
    (iii) Design modifications are required to connect to a closed-vent 
system.
    (5) Compliance with the surge control vessel and bottoms receiver 
provisions of Sec. 63.170 shall occur no later than June 1, 2002.
    (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 discussed in 
paragraph (e)(3) of this section. The dates specified in Sec. 63.6(i) 
for submittal of requests for extensions shall not apply to this 
subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
    (2) The requirements in Sec. 63.6(i)(8) through (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 problem.
    (f) Table 1 of this subpart specifies the requirements in 40 CFR 
part 63, subpart A (the General Provisions) that apply and those that 
do not apply to owners and operators of affected sources subject to 
this subpart. For the purposes of this subpart, Table 3 of 40 CFR part 
63, subpart F is not applicable.
    (g) Table 2 of this subpart summarizes the provisions of 40 CFR 
part 63, subparts F, G, and H (collectively known as the ``HON'') that 
apply and those that do not apply to owners and operators of affected 
sources subject to this subpart.
    (h)(1) 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 63, subpart I, is required to comply only 
with the provisions of this subpart.
    (2) Sources subject to the provisions in 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 
that is also subject to the 40 CFR part 60, subpart Kb (Standards of 
Performance for Volatile Organic Liquid Storage Vessels (Including 
Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced after July 23, 1984) 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.

[[Page 29445]]

    (j) 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 for hazardous waste, disposal, and treatment facilities in 
40 CFR part 264, subpart AA (Air Emission Standards for Process Vents) 
or subpart CC (Air Emission Standards for Tanks, Surface Impoundment, 
and Containers), the owner or operator may comply with either paragraph 
(j)(1) or (2) of this section. If, after the compliance dates specified 
in this subpart, any combustion device, recovery device, or recapture 
device subject to this subpart is subject to monitoring and 
recordkeeping requirements hazardous waste treatment, storage, and 
disposal facilities in 40 CFR part 265, subpart AA (Air Emission 
Standards for Process Vents) or subpart CC (Air Emission Standards for 
Tanks, Surface Impoundments, and Containers), the owner or operator may 
comply with either paragraph (j)(1) or (3) of this section. If the 
owner or operator elects to comply with either paragraph (j)(2) or (3) 
of this section, the owner or operator shall notify the Administrator 
of this choice in the Notification of Compliance Status required by 
Sec. 63.1439(e)(5).
    (1) The owner or operator shall comply with the monitoring, 
recordkeeping and reporting requirements of this subpart.
    (2) The owner or operator shall comply with the monitoring, 
recordkeeping and reporting requirements in 40 CFR part 264, with the 
following exception. All excursions, as defined in Sec. 63.1438(f), 
shall be reported in the periodic report. Compliance with this 
paragraph shall constitute compliance with the monitoring, 
recordkeeping and reporting requirements of this subpart.
    (3) The owner or operator shall comply with the monitoring and 
recordkeeping requirements of 40 CFR part 265, subpart AA or subpart 
CC, and the periodic reporting requirements under 40 CFR part 264, 
subpart AA or subpart CC, that would apply to the device if the 
facility had final-permitted status, with the following exception. All 
excursions, as defined in Sec. 63.1438(f), shall be reported in the 
periodic report. Compliance with this paragraph shall constitute 
compliance with the monitoring, recordkeeping and reporting 
requirements of this subpart.
    (k) Paragraphs (k)(1) and (2) of this section address instances in 
which requirements from other regulations overlap 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 paragraph (k)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (k)(1)(i) or (ii) shall constitute compliance with the 
applicable provisions of this subpart with respect to that heat 
exchange system.
    (i) 40 CFR part 63, subpart F.
    (ii) A subpart of this part which requires compliance with the HON 
heat exchange system requirements in Sec. 63.104 (e.g., 40 CFR part 63, 
subpart JJJ or U).
    (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 (k)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (k)(2)(i) or (ii) shall constitute compliance with the 
applicable provisions of this subpart with respect to that waste 
management unit.
    (i) 40 CFR part 63, subpart G.
    (ii) A subpart of this part which requires compliance with the HON 
process wastewater provisions in Secs. 63.132 through 63.147 (e.g., 
subpart JJJ or U).
    (l) 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 subsection that imposes the 
requirement, refer to the standard calendar periods, unless altered by 
mutual agreement between the owner or operator and the Administrator in 
accordance with paragraph (l)(1) of this section.
    (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 the General Provisions in 40 CFR part 63, subpart A 
(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 (l)(2)(i) or (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 
remains 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.


Sec. 63.1423  Definitions.

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

Act (subpart A)
Administrator (subpart A)
Automated monitoring and recording system (subpart G)
Boiler (subpart G)
Bottoms receiver (subpart H)
By-product (subpart F)
Car-seal (subpart G)
Closed-vent system (subpart G)
Combustion device (subpart G)
Commenced (subpart A)
Compliance date (subpart A)
Continuous monitoring system (subpart A)
Emission standard (subpart A)
EPA (subpart A)
Equipment (subpart H)
Flow indicator (subpart G)
Fuel gas (subpart F)
Fuel gas system (subpart F)
Hard-piping (subpart G)
Heat exchange system (subpart F)
Impurity (subpart F)
Incinerator (subpart G)
Major source (subpart A)
Malfunction (subpart A)
Open-ended valve or line (subpart H)
Operating permit (subpart F)
Organic monitoring device (subpart G)
Owner or operator (subpart A)
Performance evaluation (subpart A)
Performance test (subpart A)
Permitting authority (subpart A)
Plant site (subpart F)
Potential to emit (subpart A)
Primary fuel (subpart G)
Process heater (subpart G)
Process unit shutdown (subpart H)
Reactor (subpart G)
Recapture device (subpart G)
Relief valve (subpart G)

[[Page 29446]]

Research and development facility (subpart F)
Run (subpart A)
Secondary fuel (subpart G)
Sensor (subpart H)
Specific gravity monitoring device (subpart G)
Start-up, shutdown, and malfunction plan (subpart F)
State (subpart A)
Surge control vessel (subpart H)
Temperature monitoring device (subpart G)
Test method (subpart A)
Total resource effectiveness index value (subpart G)
Treatment process (subpart G)
Visible emission (subpart A)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section.
    Annual average concentration, as used in conjunction with the 
wastewater provisions, means the flow-weighted annual average 
concentration and is determined by the procedures in Sec. 63.144(b), 
except as provided in Sec. 63.1433(a)(2).
    Annual average flow rate, as used in conjunction with the 
wastewater provisions, is determined by the procedures in 
Sec. 63.144(c).
    Batch cycle means the step or steps, from start to finish, that 
occur in a batch unit operation.
    Batch unit operation means a unit operation involving intermittent 
or discontinuous feed into equipment, and, in general, involves the 
emptying of equipment after the batch cycle ceases and prior to 
beginning a new batch cycle. Mass, temperature, concentration and other 
properties of the process may vary with time. Addition of raw material 
and withdrawal of product do not simultaneously occur in a batch unit 
operation.
    Catalyst extraction means the removal of the catalyst using either 
solvent or physical extraction method.
    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 a 
combination of process units which subsequently becomes an affected 
source or part of an affected source due to a change in primary 
product.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once during 
approximately equal intervals of 15 minutes and recorded at the 
frequency specified in Sec. 63.1439(d).
    Continuous recorder is defined in Sec. 63.111, except that when the 
definition in Sec. 63.111 reads ``or records 15-minute or more frequent 
block average values,'' the phrase ``or records 1-hour or more frequent 
block average values'' shall apply for purposes of this subpart.
    Continuous unit operation means a unit operation where the inputs 
and outputs flow continuously. Continuous unit operations typically 
approach steady-state conditions. Continuous unit operations typically 
involve the simultaneous addition of raw material and withdrawal of the 
product.
    Control technique means any equipment or process control used for 
capturing, recovering, or oxidizing organic hazardous air pollutant 
vapors. Such equipment includes, but is not limited to, absorbers, 
adsorbers, boilers, condensers, flares, incinerators, process heaters, 
and scrubbers, or any combination thereof. Process control includes 
extended cookout (as defined in this section). Condensers operating as 
reflux condensers that are necessary for processing, such as liquid 
level control, temperature control, or distillation operation, shall be 
considered inherently part of the process and will not be considered 
control techniques.
    Emission point means an individual process vent, storage vessel, 
wastewater stream, or equipment leak.
    Epoxide means a chemical compound consisting of a three-membered 
cyclic ether. Only emissions of epoxides listed in Table 4 of this 
subpart (i.e., ethylene oxide and propylene oxide) are regulated by the 
provisions of this subpart.
    Equipment leak means emissions of organic HAP from a pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, surge control vessel, bottoms 
receiver, or instrumentation system in organic HAP service.
    Extended Cookout (ECO) means a control technique that reduces the 
amount of unreacted ethylene oxide (EO) and/or propylene oxide (PO) 
(epoxides) in the reactor. This is accomplished by allowing the product 
to react for a longer time period, thereby having less unreacted 
epoxides and reducing epoxides emissions that may have otherwise 
occurred.
    Flexible operation unit means a process unit that manufactures 
different chemical products by periodically alternating raw materials 
fed to the process unit or operating conditions at the process unit. 
These units are also referred to as campaign plants or blocked 
operations.
    Group 1 combination of batch process vents means a collection of 
process vents in a PMPU from batch unit operations that are associated 
with the use of a nonepoxide organic HAP to make or modify the product 
that meet all of the following conditions:
    (1) Has annual nonepoxide organic HAP emissions, determined in 
accordance with Sec. 63.1428(b), of 11,800 kg/yr or greater, and
    (2) Has a cutoff flow rate, determined in accordance with 
Sec. 63.1428(e), that is greater than or equal to the annual average 
flow rate, determined in accordance with Sec. 63.1428(d).
    Group 2 combination of batch process vents means a collection of 
process vents in a PMPU from batch unit operations that are associated 
with the use of a nonepoxide organic HAP to make or modify the product 
that is not classified as a Group 1 combination of batch process vents.
    Group 1 continuous process vent means a process vent from a 
continuous unit operation that is associated with the use of a 
nonepoxide organic HAP to make or modify the product that meets all of 
the following conditions:
    (1) Has a flow rate greater than or equal to 0.005 standard cubic 
meters per minute,
    (2) Has a total organic HAP concentration greater than or equal to 
50 parts per million by volume, and
    (3) Has a total resource effectiveness index value, calculated in 
accordance with Sec. 63.1428(h)(1), less than or equal to 1.0.
    Group 2 continuous process vent means a process vent from a 
continuous unit operation that is associated with the use of a 
nonepoxide organic HAP to make or modify the product that is not 
classified as a Group 1 continuous process vent.
    Group 1 storage vessel means a storage vessel that meets the 
applicability criteria specified in Table 3 of this subpart.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Group 1 wastewater stream means a process wastewater stream at 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. 63.1433(a)(2) for the purposes of this subpart (i.e., for organic 
HAP listed on Table 4 of this subpart only).
    Group 2 wastewater stream means any process wastewater stream as 
defined in Sec. 63.101 at an existing affected source that does not 
meet the definition (in this section) of a Group 1 wastewater stream.
    In organic hazardous air pollutant service or in organic HAP 
service means that a piece of equipment either contains or contacts a 
fluid (liquid or gas) that is at least 5 percent by weight of total 
organic HAP (as defined in this

[[Page 29447]]

section), as determined according to the provisions of Sec. 63.180(d). 
The provisions of Sec. 63.180(d) also specify how to determine that a 
piece of equipment is not in organic HAP service.
    Initial start-up means the first time a new or reconstructed 
affected source begins production, or, for equipment added or changed 
as described in Sec. 63.1420(g), the first time the equipment is put 
into operation to produce a polyether polyol. 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. Further, for purposes of 
Sec. 63.1422, 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 ``polyether polyol manufacturing 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.
    Make or modify the product means to produce the polyether polyol by 
polymerization of epoxides or other cyclic ethers with compounds having 
one or more reactive hydrogens, and to incorporate additives (e.g., 
preservatives, antioxidants, or diluents) in order to maintain the 
quality of the finished products before shipping. Making and modifying 
the product for this regulation does not include grafting, polymerizing 
the polyol, or reacting it with compounds other than EO or PO.
    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.
    New process unit means a process unit for which the construction or 
reconstruction commenced after September 4, 1997.
    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, a location within the plant site where the affected 
source is located. On-site storage of records includes, but is not 
limited to, a location at the affected source or PMPU to which the 
records pertain or a location elsewhere at the plant site where the 
affected source is located.
    Operating day refers to the 24-hour period defined by the owner or 
operator in the Notification of Compliance Status required by 
Sec. 63.1439(e)(5). That 24-hour period may be from midnight to 
midnight or another 24-hour period. The operating day is the 24-hour 
period for which daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 4 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 40 CFR part 63, subpart F in the HON.
    Polyether polyol means a compound formed through the polymerization 
of EO or PO or other cyclic ethers with compounds having one or more 
reactive hydrogens (i.e., a hydrogen atom bonded to nitrogen, oxygen, 
phosphorus, sulfur, etc.) to form polyethers (i.e., compounds with two 
or more ether bonds). This definition of ``polyether polyol'' excludes 
hydroxy ethyl cellulose and materials regulated under 40 CFR part 63, 
subparts F, G, and H (the HON), such as glycols and glycol ethers.
    Polyether polyol manufacturing process unit (PMPU) means a process 
unit that manufactures a polyether polyol as its primary product, or a 
process unit designated as a polyether polyol manufacturing unit in 
accordance with Sec. 63.1420(e)(2). A polyether polyol manufacturing 
process unit consists of more than one unit operation. This collection 
of equipment includes purification systems, reactors and their 
associated product separators and recovery devices, distillation units 
and their associated distillate receivers and recovery devices, other 
associated unit operations, storage vessels, surge control vessels, 
bottoms receivers, product transfer racks, connected ducts and piping, 
combustion, recovery, or recapture devices or systems, and the 
equipment (i.e., all pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems that are associated 
with the PMPU) that are subject to the equipment leak provisions as 
specified in Sec. 63.1434.
    Pressure decay curve is the graph of the reactor pressure versus 
time from the point when epoxide feed is stopped until the reactor 
pressure is constant, indicating that most of the epoxide has reacted 
out of the vapor and liquid phases. This curve shall be determined with 
no leaks or vents from the reactor.
    Primary product is defined in and determined by the procedures 
specified in Sec. 63.1420(e).
    Process unit means a collection of equipment assembled and 
connected by pipes or ducts to process raw materials and to manufacture 
a product.
    Process vent means a point of emission from a unit operation having 
a gaseous stream that is discharged to the atmosphere either directly 
or after passing through one or more combustion, recovery, or recapture 
devices. A process vent from a continuous unit operation is a gaseous 
emission stream containing more than 0.005 weight-percent total organic 
HAP. A process vent from a batch unit operation is a gaseous emission 
stream containing more than 225 kilograms per year (500 pounds per 
year) of organic HAP emissions. Unit operations that may have process 
vents are condensers, distillation units, reactors, or other unit 
operations within the PMPU. Process vents exclude pressure relief valve 
discharges, gaseous streams routed to a fuel gas system(s), and leaks 
from equipment regulated under Sec. 63.1434. 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.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or feed tank drawdown; water formed during a chemical reaction 
or used as a reactant; water used to wash impurities from organic 
products or reactants; equipment washes between batches in a batch 
process; water used to cool or quench organic vapor streams through 
direct contact; and condensed steam from jet ejector systems pulling 
vacuum on vessels containing organics.
    Product means a compound or material which is manufactured by a 
process unit. By-products, isolated intermediates, impurities, wastes, 
and trace contaminants are not considered products.
    Product class means a group of polyether polyols with a similar 
pressure decay curve (or faster pressure decay curves) that are 
manufactured within a given set of operating conditions representing 
the decline in pressure versus time. All products within a product 
class shall have an essentially similar pressure decay curve, and 
operate within a given set of

[[Page 29448]]

operating conditions. These operating conditions are: a minimum 
reaction temperature; the number of -OH groups in the polyol; a minimum 
catalyst concentration; the type of catalyst (e.g., self-catalyzed, 
base catalyst, or acid catalyst); the epoxide ratio, or a range for 
that ratio; and the reaction conditions of the system (e.g., the size 
of the reactor, or the size of the batch).
    Reactor liquid means the compound or material made in the reactor, 
even though the substance may be transferred to another vessel. This 
material may require further modifications before becoming a final 
product, in which case the reactor liquid is classified as an 
``intermediate.'' This material may be complete at this stage, in which 
case the reactor liquid is classified as a ``product.''
    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 an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for fuel 
value (i.e., net positive heating value), use, reuse, or for sale for 
fuel value, use, or reuse. Examples of equipment that may be recovery 
devices include absorbers, carbon adsorbers, condensers (except reflux 
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 to be recovery devices.
    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 9 of subpart G'' shall apply, for the purposes of 
this subpart.
    Shutdown means the cessation of operation of an affected source, a 
PMPU within an affected source, a waste management unit or unit 
operation within an affected source, equipment required or used to 
comply with this subpart, or the emptying or degassing of a storage 
vessel. The purposes for a shutdown may include, but are not limited 
to, periodic maintenance, replacement of equipment, or equipment 
repairs. Shutdown does not include the normal periods between batch 
cycles. For continuous unit operations, shutdown includes transitional 
conditions due to changes in product for flexible operation units. For 
batch unit operations, shutdown does not include transitional 
conditions due to changes in product for flexible operation units. For 
purposes of the wastewater provisions, shutdown does not include the 
routine rinsing or washing of equipment between batch cycles.
    Start-up means the setting into operation of an affected source, a 
PMPU within the affected source, a waste management unit or unit 
operation within an affected source, equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For all processes, start-up includes initial start-up and 
operation solely for testing equipment. Start-up does not include the 
recharging of batch unit operations. For continuous unit operations, 
start-up includes transitional conditions due to changes in product for 
flexible operation units. For batch unit operations, start-up does not 
include transitional conditions due to changes in product for flexible 
operation units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor 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 receiver tanks;
    (6) Wastewater storage tanks; and
    (7) Storage vessels assigned to another process unit regulated 
under another subpart of part 63.
    Total organic compounds (TOC) are those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 
or Method 25A of 40 CFR part 60, appendix A.
    Unit operation means one or more pieces of process equipment used 
to make a single change to the physical or chemical characteristics of 
one or more process streams. Unit operations include, but are not 
limited to, reactors, distillation units, extraction columns, 
absorbers, decanters, condensers, and filtration equipment.
    Vent stream, as used in reference to process vents, means the 
emissions from a process vent.
    Waste management unit is defined in Sec. 63.111, except that when 
the definition in Sec. 63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``PMPU'' 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 
4 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 
4 of this subpart of at least 10,000 parts per million by weight at any 
flow rate; and that
    (2) Is discarded from a PMPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.


Sec. 63.1424  Emission standards.

    (a) Except as provided under paragraph (b) of this section, the 
owner or operator of an existing or new affected source shall comply 
with the provisions in:
    (1) Sections 63.1425 through 63.1430 for process vents;
    (2) Section 63.1432 for storage vessels;
    (3) Section 63.1433 for wastewater;
    (4) Section 63.1434 for equipment leaks;
    (5) Section 63.1435 for heat exchangers;
    (6) Section 63.1437 for additional test methods and procedures;
    (7) Section 63.1438 for monitoring levels and excursions; and
    (8) Section 63.1439 for general reporting and recordkeeping 
requirements.
    (b) When emissions of different kinds (i.e., emissions from process 
vents subject to Secs. 63.1425 through 63.1430, storage vessels subject 
to Sec. 63.1432, process wastewater, and/or in-process equipment 
subject to Sec. 63.149) are combined, and at least one of the emission 
streams would require control according to the applicable provision in 
the absence of combination with other

[[Page 29449]]

emission streams, the owner or operator shall comply with the 
requirements of either paragraph (b)(1) or (2) 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 (5) of this section; or
    (2) Comply with the most stringent set of requirements that applies 
to any individual emission stream that is included in the combined 
stream, where either that emission stream would be classified as 
requiring control in the absence of combination with other emission 
streams, or the owner chooses to consider that emission stream to 
require control for the purposes of this paragraph.


Sec. 63.1425  Process vent control requirements.

    (a) Applicability of process vent control requirements. For each 
process vent at an affected source, the owner or operator shall comply 
with the provisions of this section. Owners and operators of all 
affected sources using epoxides in the production of polyether polyols 
are subject to the requirements of paragraph (b) of this section. 
Owners or operators are subject to the requirements of paragraph (c) of 
this section only if epoxides are used in the production of polyether 
polyols and nonepoxide organic HAP are used to make or modify the 
product. Similarly, owners or operators are subject to the requirements 
of paragraph (d) of this section only if epoxides are used in the 
production of polyether polyols and organic HAP are used in catalyst 
extraction. The owner or operator of an affected source where polyether 
polyol products are produced using tetrahydrofuran shall comply with 
paragraph (f) of this section.
    (b) Requirements for epoxide emissions. The owner or operator of an 
affected source where polyether polyol products are produced using 
epoxides shall reduce epoxide emissions from process vents from batch 
unit operations and continuous unit operations within each PMPU in 
accordance with either paragraph (b)(1) or (2) of this section.
    (1) For new affected sources, the owner or operator shall comply 
with paragraph (b)(1)(i), (ii), or (iii) this section. The owner or 
operator also has the option of complying with a combination of 
paragraphs (b)(1)(i) and (ii) of this section. If the owner or operator 
chooses to comply with a combination of paragraphs (b)(1)(i) and (ii) 
of this section, each process vent not controlled in accordance with 
paragraph (b)(1)(ii) of this section shall be part of the group of 
applicable process vents that shall then comply with paragraph 
(b)(1)(i) of this section.
    (i) Reduce the total epoxide emissions from the group of applicable 
process vents by an aggregated 99.9 percent;
    (ii) Maintain an outlet concentration of total epoxides or TOC 
after each combustion, recapture, or recovery device of 20 ppmv or 
less; or
    (iii) Maintain an emission factor of no greater than 4.43  x  
10-3 kilogram epoxide emissions per megagram of product 
(4.43  x  10-3 pounds epoxide emissions per 1,000 pounds of 
product) for all process vents in the PMPU.
    (2) For existing affected sources, the owner or operator shall 
comply with either paragraph (b)(2)(i), (ii), (iii), or (iv) of this 
section. The owner or operator also has the option of complying with a 
combination of paragraphs (b)(2)(ii) and (iii) of this section. If the 
owner or operator chooses to comply with a combination of paragraphs 
(b)(2)(ii) and (iii) of this section, each process vent that is not 
controlled in accordance with paragraph (b)(2)(iii) of this section 
shall be part of the group of applicable process vents that shall then 
comply with paragraph (b)(2)(ii) of this section. The owner or operator 
also has the option of complying with a combination of paragraphs 
(b)(2)(i) and (iii) of this section.
    (i) Reduce the total epoxide emissions from each process vent using 
a flare;
    (ii) Reduce the total epoxide emissions from the group of 
applicable process vents by an aggregated 98 percent;
    (iii) Maintain an outlet concentration of total epoxides or TOC 
after each combustion, recapture or recovery devices of 20 ppmv or 
less; or
    (iv) Maintain an emission factor of no greater than 1.69  x  
10-2 kilogram epoxide emissions per megagram of product 
(1.69  x  10-2 pounds epoxide emissions per 1,000 pounds of 
product) for all process vents in the PMPU.
    (c) Requirements for nonepoxide organic HAP emissions from making 
or modifying the product. The owner or operator of a new or existing 
source where polyether polyols are produced using epoxides, and where 
nonepoxide organic HAP are used to make or modify the product, shall 
comply with this paragraph. For each process vent from a continuous 
unit operation that is associated with the use of a nonepoxide organic 
HAP to make or modify the product, the owner or operator shall 
determine if the process vent is a Group 1 continuous process vent, as 
defined in Sec. 63.1423. For the combination of process vents from 
batch unit operations that are associated with the use of a nonepoxide 
organic HAP to make or modify the product, the owner or operator shall 
determine if the combination of process vents is a Group 1 combination 
of batch process vents, as defined in Sec. 63.1423.
    (1) Requirements for Group 1 combinations of batch process vents. 
For each Group 1 combination of batch process vents, as defined in 
Sec. 63.1423, the owner or operator shall comply with either paragraph 
(c)(1)(i) or (ii) of this section.
    (i) Reduce nonepoxide organic HAP emissions using a flare.
    (ii) Reduce nonepoxide organic HAP emissions by 90 percent using a 
combustion, recovery, or recapture device.
    (2) Requirements for Group 2 combinations of batch process vents. 
For each Group 2 combination of batch process vents, as defined in 
Sec. 63.1423, the owner or operator reassess the group status when 
process changes occur, in accordance with the provisions of 
Sec. 63.1428(g). No control requirements apply to these process vents.
    (3) Requirements for Group 1 continuous process vents. For each 
Group 1 continuous process vent, as defined in Sec. 63.1423, the owner 
or operator shall comply with either paragraph (c)(3)(i) or (ii) of 
this section.
    (i) Reduce nonepoxide organic HAP emissions using a flare.
    (ii) Reduce nonepoxide organic HAP emissions by 98 percent using a 
combustion, recovery, or recapture device.
    (4) Requirements for Group 2 continuous process vents. For each 
Group 2 continuous process vent, as defined in Sec. 63.1423, the owner 
or operator shall comply with either paragraph (c)(4)(i) or (ii) of 
this section.
    (i) If the TRE for the process vent is greater than 1.0 but less 
than 4.0, the owner or operator shall comply with the monitoring 
provisions in Sec. 63.1429, the recordkeeping provisions in 
Sec. 63.1430(d), and recalculate the TRE index value when process 
changes occur, in accordance with the provisions in Sec. 63.1428(h)(2).
    (ii) If the TRE for the process vent is greater than 4.0, the owner 
or operator shall recalculate the TRE index value when process changes 
occur, in accordance with the provisions in Sec. 63.1428(h)(2).
    (d) Requirements for nonepoxide organic HAP emissions from catalyst 
extraction. The owner or operator of a new or existing affected source 
where polyether polyol products are produced using epoxide compounds 
shall comply with either paragraph (d)(1) or (2) of this

[[Page 29450]]

section. A PMPU that does not use any nonepoxide organic HAP in 
catalyst extraction is exempt from the requirements of this paragraph.
    (1) Reduce emissions of nonepoxide organic HAP from all process 
vents associated with catalyst extraction using a flare; or
    (2) Reduce emissions of nonepoxide organic HAP from the sum total 
of all process vents associated with catalyst extraction by an 
aggregated 90 percent for each PMPU.
    (e) [Reserved]
    (f) Requirements for process vents at PMPUs that produce polyether 
polyol products using tetrahydrofuran. For each process vent in a PMPU 
that uses tetrahydrofuran (THF) to produce one or more polyether polyol 
products that is, or is part of, an affected source, the owner or 
operator shall comply with the HON process vent requirements in 
Secs. 63.113 through 63.118, except as provided for in paragraphs 
(f)(1) through (10) of this section.
    (1) When December 31, 1992 is referred to in the HON process vent 
requirements in Sec. 63.113, it shall be replaced with September 4, 
1997, for the purposes of this subpart.
    (2) When Sec. 63.151(f), alternative monitoring parameters, and 
Sec. 63.152(e), submission of an operating permit application, are 
referred to in Secs. 63.114(c) and 63.117(e), Sec. 63.1439(f), 
alternative monitoring parameters, and Sec. 63.1439(e)(8), submission 
of an operating permit application, respectively, shall apply for the 
purposes of this subpart.
    (3) 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. 63.1439(e)(5) shall apply for the purposes of this 
subpart.
    (4) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.117 and 63.118, the Periodic 
Report requirements contained in Sec. 63.1439(e)(6) shall apply for the 
purposes of this subpart.
    (5) 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. 63.1438(f) shall apply for the purposes of this subpart.
    (6) When Sec. 63.114(e) specifies that an owner or operator shall 
submit the information required in Sec. 63.152(b) in order to establish 
the parameter monitoring range, the owner or operator shall comply with 
the provisions of Sec. 63.1438 for establishing the parameter 
monitoring level and shall comply with Sec. 63.1439(e)(5)(ii) or 
Sec. 63.1439(e)(8) 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.
    (7) When reports of process changes are required under 
Sec. 63.118(g), (h), (i), or (j), paragraphs (f)(7)(i) through (iv) of 
this section shall apply for the purposes of this subpart.
    (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 process vent 
to become a Group 1 process vent, 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. A 
description of the process change shall be included in this report.
    (ii) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 process vent with a TRE greater than 4.0 to 
become a Group 2 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 the information regarding the process change is known to the 
owner or operator, unless the flow rate is less than 0.005 standard 
cubic meters per minute. This report may be included in the next 
Periodic Report. A description of the process change shall be included 
in this report.
    (iii) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 process vent with a flow rate less than 
0.005 standard cubic meter per minute (scmm) to become a Group 2 
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 the 
information regarding the process change is known to the owner or 
operator, unless the organic HAP concentration is less than 50 ppmv. 
This report may be included in the next Periodic Report. A description 
of the process change shall be submitted with the report.
    (iv) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume (ppmv) to become 
a Group 2 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 the information regarding the process change is known to the 
owner or operator, unless the flow rate is less than 0.005 standard 
cubic meters per minute. This report may be included in the next 
Periodic Report. A description of the process change shall be submitted 
with this report.
    (8) When Sec. 63.118 refers to Sec. 63.152(f), the recordkeeping 
requirements in Sec. 63.1439(d) shall apply for the purposes of this 
subpart.
    (9) When Secs. 63.115 and 63.116 refer to Table 2 of 40 CFR part 
63, subpart F, the owner or operator shall only consider organic HAP as 
defined in this subpart.
    (10) When the provisions of Sec. 63.116(c)(3) and (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 (f)(10)(i) and (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.


Sec. 63.1426  Process vent requirements for determining organic HAP 
concentration, control efficiency, and aggregated organic HAP emission 
reduction for a PMPU.

    (a) Use of a flare. When a flare is used to comply with 
Sec. 63.1425(b)(1)(i) (in combination with other control techniques), 
(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1), the owner or operator shall 
comply with Sec. 63.1437(c), and is not required to demonstrate the 
control efficiency for the flare, if the owner or operator chooses to 
assume a 98 percent control efficiency for that flare, as allowed under 
paragraph (e)(2)(i) of this section. In order to use only a flare to 
comply with Sec. 63.1425(b)(1)(i), or to use a flare and apply a 
control efficiency greater than 98 percent, an owner or operator shall 
submit a request in accordance with Sec. 63.6(g) in either the 
Precompliance Report described in Sec. 63.1439(e)(4), or in a 
supplement to the precompliance report, as described in 
Sec. 63.1439(e)(4)(vii).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a combustion, recovery, or 
recapture

[[Page 29451]]

device specified in paragraphs (b)(1) through (6) of this section is 
used to comply with Sec. 63.1425(b), (c), or (d).
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater where the process vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (3) A combustion, recovery, or recapture device for which a 
performance test was conducted within the preceding 5-year period, 
using the same Methods specified in this section and either no 
deliberate process changes have been made since the test, or the owner 
or operator can demonstrate that the results of the performance test, 
with or without adjustments, reliably demonstrate compliance despite 
process changes. The operating parameters reported under the previous 
performance test shall be sufficient to meet the parameter monitoring 
requirements in this subpart.
    (4) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (i) Has been issued a final hazardous waste permit under 40 CFR 
part 270 and complies with the requirements for hazardous waste burned 
in boilers and industrial furnaces in 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
for hazardous waste burned in boilers and industrial furnaces in of 40 
CFR part 266, subpart H.
    (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 for incinerators in 40 CFR part 264, subpart O, or has 
certified compliance with the interim status requirements for 
incinerators in 40 CFR part 265, subpart O.
    (6) Combustion, recovery or recapture device (except for 
condensers) performance may be determined by using the design 
evaluation described in paragraph (f) of this section, provided that 
the combustion, recovery or recapture device receives less than 10 tons 
per year (9.1 megagrams per year) of uncontrolled organic HAP emissions 
from one or more PMPUs, determined in accordance with paragraph (d) of 
this section. If a combustion, recovery or recapture device exempted 
from testing in accordance with this paragraph receives more than 10 
tons per year (9.1 megagrams per year) of uncontrolled organic HAP 
emissions from one or more PMPUs, the owner or operator shall comply 
with the performance test requirements in paragraph (c) of this section 
and shall submit the test report in the next Periodic Report.
    (c) Determination of organic HAP concentration and control 
efficiency. Except as provided in paragraphs (a) and (b) of this 
section, an owner or operator using a combustion, recovery, or 
recapture device to comply with an epoxide or organic HAP percent 
reduction efficiency requirement in Sec. 63.1425(b)(1)(i), (b)(2)(ii), 
(c)(1)(ii), (c)(3)(ii), or (d)(2); an epoxide concentration limitation 
in Sec. 63.1425(b)(1)(ii) or (b)(2)(ii); or an annual epoxide emission 
limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv), shall conduct a 
performance test using the applicable procedures in paragraphs (c)(1) 
through (4) of this section. The organic HAP or epoxide concentration 
and percent reduction may be measured as total epoxide, total organic 
HAP, or as TOC minus methane and ethane according to the procedures 
specified. When conducting testing in accordance with this section, the 
owner or operator is only required to measure HAP of concern for the 
specific requirement for which compliance is being determined. For 
instance, to determine compliance with the epoxide emission requirement 
of Sec. 63.1425(b), the owner or operator is only required to measure 
epoxide control efficiency or outlet concentration.
    (1) Sampling site location. The sampling site location shall be 
determined as specified in paragraphs (c)(1)(i) and (ii) of this 
section.
    (i) For determination of compliance with a percent reduction of 
total epoxide requirement in Sec. 63.1425(b)(1)(i), (b)(2)(ii), or a 
percent reduction of total organic HAP requirement in 
Sec. 63.1425(c)(1)(ii), (c)(3)(ii), or (d)(2), sampling sites shall be 
located at the inlet of the combustion, recovery, or recapture device 
as specified in paragraphs (c)(1)(i)(A), (B), and (C) of this section, 
and at the outlet of the combustion, recovery, or recapture device.
    (A) For process vents from continuous unit operations, the inlet 
sampling site shall be determined in accordance with either paragraph 
(c)(1)(i)(A)(1) or (2) of this section.
    (1) To demonstrate compliance with either the provisions for 
epoxide emissions in Sec. 63.1425(b) or the provisions for nonepoxide 
organic HAP emissions from catalyst extraction in Sec. 63.1425(d), the 
inlet sampling site shall be located after the exit from the continuous 
unit operation but before any recovery devices, or
    (2) To demonstrate compliance with the requirements for nonepoxide 
organic HAP emissions from the use of nonepoxide organic HAP in making 
or modifying the product in Sec. 63.1425(c), the inlet sampling site 
shall be located after all control techniques to reduce epoxide 
emissions and after the final nonepoxide organic HAP recovery device.
    (B) For process vents from batch unit operations, the inlet 
sampling site shall be determined in accordance with either paragraph 
(c)(1)(i)(B)(1) or (2) of this section.
    (1) To demonstrate compliance with either the provisions for 
epoxide emissions in Sec. 63.1425(b) or the provisions for nonepoxide 
organic HAP emissions from catalyst extraction in Sec. 63.1425(d), the 
inlet sampling site shall be located after the exit from the batch unit 
operation but before any recovery device.
    (2) To demonstrate compliance with the requirements for nonepoxide 
organic HAP emissions in making or modifying the product in 
Sec. 63.1425(c), the inlet sampling site shall be located after all 
control techniques to reduce epoxide emissions but before any 
nonepoxide organic HAP recovery device.
    (C) If a process vent stream is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP or TOC 
(minus methane and ethane) concentrations in all process vent streams 
and primary and secondary fuels introduced into the boiler or process 
heater.
    (ii) To determine compliance with a parts per million by volume 
total epoxide or TOC limit in Sec. 63.1425(b)(1)(ii) or (b)(2)(iii), 
the sampling site shall be located at the outlet of the combustion, 
recovery, or recapture device.
    (2) [Reserved]
    (3) Testing conditions and calculation of TOC or total organic HAP 
concentration. (i) Testing conditions shall be as specified in 
paragraphs (c)(3)(i)(A) through (E) of this section, as appropriate.
    (A) Testing of process vents from continuous unit operations shall 
be conducted at maximum representative operating conditions, as 
described in Sec. 63.1437(a)(1). Each test shall consist of three l-
hour runs. Gas stream volumetric flow rates shall be measured at 
approximately equal intervals of about 15 minutes during each 1-hour 
run. The organic HAP concentration (of the HAP of concern) shall be 
determined from samples collected in an integrated sample over the 
duration of each l-hour

[[Page 29452]]

test run, or from grab samples collected simultaneously with the flow 
rate measurements (at approximately equal intervals of about 15 
minutes). If an integrated sample is collected for laboratory analysis, 
the sampling rate shall be adjusted proportionally to reflect 
variations in flow rate. For gas streams from continuous unit 
operations, the organic HAP concentration or control efficiency used to 
determine compliance shall be the average organic HAP concentration or 
control efficiency of the three test runs.
    (B) Testing of process vents from batch unit operations shall be 
conducted at absolute worst-case conditions or hypothetical worst-case 
conditions, as defined in paragraphs (c)(3)(i)(B)(1) through (5) of 
this section. Worst-case conditions are limited to the maximum 
production allowed in a State or Federal permit or regulation and the 
conditions specified in Sec. 63.1437(a)(1). Gas stream volumetric flow 
rates shall be measured at 15-minute intervals, or at least once during 
the emission episode. The organic HAP or TOC concentration shall be 
determined from samples collected in an integrated sample over the 
duration of the test, or from grab samples collected simultaneously 
with the flow rate measurements (at approximately equal intervals of 
about 15 minutes). If an integrated sample is collected for laboratory 
analysis, the sampling rate shall be adjusted proportionally to reflect 
variations in flow rate.
    (1) Absolute worst-case conditions are defined by the criteria 
presented in paragraph (c)(3)(i)(B)(1)(i) or (ii) of this section if 
the maximum load is the most challenging condition for the control 
device. Otherwise, absolute worst-case conditions are defined by the 
conditions in paragraph (c)(3)(i)(B)(1)(iii) of this section.
    (i) The period in which the inlet to the control device will 
contain at least 50 percent of the maximum HAP load (in lbs) capable of 
being vented to the control device over any 8-hour period. An emission 
profile as described in paragraph (c)(3)(i)(B)(3)(i) of this section 
shall be used to identify the 8-hour period that includes the maximum 
projected HAP load.
    (ii) A period of time in which the inlet to the control device will 
contain the highest HAP mass loading rate capable of being vented to 
the control device. An emission profile as described in paragraph 
(c)(3)(i)(B)(3)(i) of this section shall be used to identify the period 
of maximum HAP loading.
    (iii) The period of time when the HAP loading or stream composition 
(including non-HAP) is most challenging for the control device. These 
conditions include, but are not limited to the following: periods when 
the stream contains the highest combined VOC and HAP load described by 
the emission profiles in paragraph (c)(3)(i)(B)(3) of this section; 
periods when the streams contain HAP constituents that approach limits 
of solubility for scrubbing media; or periods when the streams contain 
HAP constituents that approach limits of adsorptivity for carbon 
adsorption systems.
    (2) Hypothetical worst-case conditions are simulated test 
conditions that, at a minimum, contain the highest hourly HAP load of 
emissions that would be predicted to be vented to the control device 
from the emissions profile described in paragraph (c)(3)(i)(B)(3)(ii) 
or (iii) of this section.
    (3) The owner or operator shall develop an emission profile for the 
vent to the control device that describes the characteristics of the 
vent stream at the inlet to the control device under worst case 
conditions. The emission profile shall be developed based on any one of 
the procedures described in paragraphs (c)(3)(i)(B)(3) (i) through 
(iii) of this section, as required by paragraph (c)(3)(i)(B) of this 
section.
    (i) The emission profile shall consider all emission episodes that 
could contribute to the vent stack for a period of time that is 
sufficient to include all processes venting to the stack and shall 
consider production scheduling. The profile shall describe the HAP load 
to the device that equals the highest sum of emissions from the 
episodes that can vent to the control device in any given period, not 
to exceed 1 hour. Emissions per episode shall be divided by the 
duration of the episode only if the duration of the episode is longer 
than 1 hour, and emissions per episode shall be calculated using the 
procedures specified in Equation 1:
[GRAPHIC] [TIFF OMITTED] TR01JN99.000

Where:

E = Mass of HAP emitted.
V = Purge flow rate at the temperature and pressure of the vessel vapor 
space.
R = Ideal gas law constant.
T = Temperature of the vessel vapor space (absolute).
Pi = Partial pressure of the individual HAP.
Pj = Partial pressure of individual condensable VOC 
compounds (including HAP).
PT = Pressure of the vessel vapor space.
MWi = Molecular weight of the individual HAP.
t = Time of purge.
n = Number of HAP compounds in the emission stream.
i = Identifier for a HAP compound.
j = Identifier for a condensable compound.
m = Number of condensable compounds (including HAP) in the emission 
stream.

    (ii) The emission profile shall consist of emissions that meet or 
exceed the highest emissions that would be expected under actual 
processing conditions. The profile shall describe equipment 
configurations used to generate the emission events, volatility of 
materials processed in the equipment, and the rationale used to 
identify and characterize the emission events. The emissions may be 
based on using compounds more volatile than compounds actually used in 
the process(es), and the emissions may be generated from all equipment 
in the process(es) or only selected equipment.
    (iii) The emission profile shall consider the capture and control 
system limitations and the highest emissions that can be routed to the 
control device, based on maximum flow rate and concentrations possible 
because of limitations on conveyance and control equipment (e.g., fans, 
LEL alarms and safety bypasses).
    (4) Three runs, each at a minimum of the complete duration of the 
batch venting episode or 1 hour, whichever is shorter, and a maximum of 
8 hours, are required for performance testing. Each run shall occur 
over the same worst-case conditions, as defined in paragraph 
(c)(3)(i)(B) of this section.

[[Page 29453]]

    (5) If a condenser is used to control the process vent stream(s), 
the worst case emission episode(s) shall represent a period of time in 
which a process vent from the batch cycle or combination of cycles (if 
more than one cycle is vented through the same process vent) will 
require the maximum heat removal capacity, in Btu/hr, to cool the 
process vent stream to a temperature that, upon calculation of HAP 
concentration, will yield the required removal efficiency for the 
entire cycle. The calculation of maximum heat load shall be based on 
the emission profile described in paragraph (c)(3)(i)(B)(3) of this 
section that will allow calculation of sensible and latent heat loads.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total organic HAP (of the HAP of concern) shall be calculated according 
to paragraph (c)(3)(ii)(A) or (B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR01JN99.001

Where:

CTOC = Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
Cji = Concentration of sample components j of sample i, dry 
basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to Equation 2, except that only the organic HAP 
species shall be summed.
    (iii) The concentration of TOC or total organic HAP shall be 
corrected to 3 percent oxygen if a combustion device is used.
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%02d). The samples shall be taken during the same time that 
the TOC (minus methane or ethane) or total organic HAP samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen shall be 
computed using Equation 3, as follows:
[GRAPHIC] [TIFF OMITTED] TR01JN99.002

Where:

Cc = Concentration of TOC or organic HAP corrected to 3 
percent oxygen, dry basis, parts per million by volume.
Cm = Concentration of TOC (minus methane and ethane) or 
organic HAP, dry basis, parts per million by volume.
%02d = Concentration of oxygen, dry basis, percent by 
volume.

    (4) Test methods. When testing is conducted to measure emissions 
from an affected source, the test methods specified in paragraphs 
(c)(4)(i) through (iv) of this section shall be used, as applicable.
    (i) For sample and velocity traverses, Method 1 or 1A of appendix A 
of part 60 shall be used, as appropriate, except that references to 
particulate matter in Method 1A do not apply for the purposes of this 
subpart.
    (ii) The velocity and gas volumetric flow rate shall be determined 
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as 
appropriate.
    (iii) The concentration measurements shall be determined using the 
methods described in paragraphs (c)(4)(iii) (A) through (C) of this 
section.
    (A) Method 18 of appendix A of part 60 may be used to determine the 
HAP concentration in any control device efficiency determination.
    (B) Method 25 of appendix A of part 60 may be used to determine 
total gaseous nonmethane organic concentration for control efficiency 
determinations in combustion devices.
    (C) Method 25A of appendix A of part 60 may be used to determine 
the HAP or TOC concentration for control device efficiency 
determinations under the conditions specified in Method 25 of appendix 
A of part 60 for direct measurements of an effluent with a flame 
ionization detector, or in demonstrating compliance with the 20 ppmv 
standard, the instrument shall be calibrated on methane or the 
predominant HAP. If calibrating on the predominant HAP, the use of 
Method 25A of appendix A of part 60 shall comply with paragraphs 
(c)(4)(iii)(C) (1) through (3) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A of 
appendix A of part 60 shall be the single organic HAP representing the 
largest percent by volume.
    (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.
    (3) The span value of the analyzer shall be less than 100 ppmv.
    (iv) Alternatively, any other method or data that have been 
validated according to the applicable procedures in 40 CFR part 63, 
appendix A, Method 301 may be used.
    (5) Calculation of percent reduction efficiency. The following 
procedures shall be used to calculate percent reduction efficiency:
    (i) Test duration shall be as specified in paragraphs (c)(3)(i) (A) 
through (B) of this section, as appropriate.
    (ii) The mass rate of either TOC (minus methane and ethane) or 
total organic HAP of the HAP of concern (Ei, Eo) 
shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR01JN99.003
    
    [GRAPHIC] [TIFF OMITTED] TR01JN99.004
    
Where:

Cij, Coj = Concentration of sample component j of 
the gas stream at the inlet and outlet of the combustion, recovery, or 
recapture device, respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and 
ethane) or total organic HAP at the inlet and outlet of the combustion, 
recovery, or recapture device, respectively, dry basis, kilogram per 
hour.
Mij, Moj = Molecular weight of sample component j 
of the gas stream at the inlet and outlet of the combustion, recovery, 
or recapture device, respectively, gram/gram-mole.
Qi, Qo = Flow rate of gas stream at the inlet and 
outlet of the combustion, recovery, or recapture device, respectively, 
dry standard cubic meter per minute.
K2 = Constant, 2.494  x  10 -6 (parts per 
million) -1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature (gram-mole per standard 
cubic meter) is 20  deg.C.

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A are summed using Equations 4 and 5 in paragraph 
(c)(5)(ii)(A) of this section.

[[Page 29454]]

    (C) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using Equations 4 and 5 in 
paragraph (c)(5)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total organic HAP shall be calculated using Equation 6 as follows:
[GRAPHIC] [TIFF OMITTED] TR01JN99.005

Where:

    R = Control efficiency of combustion, recovery, or recapture 
device, percent.
    Ei = Mass rate of TOC (minus methane and ethane) or 
total organic HAP at the inlet to the combustion, recovery, or 
recapture device as calculated under paragraph (c)(5)(ii) of this 
section, kilograms TOC per hour or kilograms organic HAP per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total 
organic HAP at the outlet of the combustion, recovery, or recapture 
device, as calculated under paragraph (c)(5)(ii) of this section, 
kilograms TOC per hour or kilograms organic HAP per hour.

    (iv) If the process vent stream 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 (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic HAP in all combusted process vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total 
organic HAP, respectively, exiting the combustion device.
    (d) Determination of uncontrolled organic HAP emissions. For each 
process vent at a PMPU that is complying with the process vent control 
requirements in Sec. 63.1425(b)(1)(i), (b)(1)(iii), (b)(2)(ii), 
(b)(2)(iv), (c)(1)(ii), or (d)(2) using a combustion, recovery, or 
recapture device, the owner or operator shall determine the 
uncontrolled organic HAP emissions in accordance with the provisions of 
this paragraph, with the exceptions noted in paragraph (d)(1) of this 
section. The provisions of Sec. 63.1427(c)(1) shall be used to 
calculate uncontrolled epoxide emissions prior to the onset of an 
extended cook out.
    (1) Exemptions. The owner or operator is not required to determine 
uncontrolled organic HAP emissions for process vents in a PMPU if the 
conditions in paragraph (d)(1)(i), (ii), or (iii) of this section are 
met.
    (i) For PMPUs where all process vents subject to the epoxide 
emission reduction requirements of Sec. 63.1425(b) are controlled at 
all times using a combustion, recovery, or recapture device, or 
extended cookout, the owner or operator is not required to determine 
uncontrolled epoxide emissions.
    (ii) For PMPUs where the combination of process vents from batch 
unit operations associated with the use of nonepoxide organic HAP to 
make or modify the product is subject to the Group 1 requirements of 
Sec. 63.1425(c)(1), the owner or operator is not required to determine 
uncontrolled nonepoxide organic HAP emissions for those process vents 
if every process vent from a batch unit operation associated with the 
use of nonepoxide organic HAP to make or modify the product in the PMPU 
is controlled at all times using a combustion, recovery, or recapture 
device.
    (iii) For PMPUs where all process vents associated with catalyst 
extraction that are subject to the organic emission reduction 
requirements of Sec. 63.1425(d)(2) are controlled at all times using a 
combustion, recovery, or recapture device, the owner or operator is not 
required to determine uncontrolled organic HAP emissions for those 
process vents.
    (2) Process vents from batch unit operations. The uncontrolled 
organic HAP emissions from an individual batch cycle for each process 
vent from a batch unit operation shall be determined using the 
procedures in the NESHAP for Group I Polymers and Resins (40 CFR part 
63, subpart U), Sec. 63.488(b)(1) through (9). Uncontrolled emissions 
from process vents from batch unit operations shall be determined after 
the exit from the batch unit operation but before any recovery device.
    (3) Process vents from continuous unit operations. The uncontrolled 
organic HAP emissions for each process vent from a continuous unit 
operation in a PMPU shall be determined at the location specified in 
paragraph (d)(3)(i) of this section, using the procedures in paragraph 
(d)(3)(ii) of this section.
    (i) For process vents subject to either the provisions for epoxide 
emissions in Sec. 63.1425(b) or the provisions for organic HAP 
emissions from catalyst extraction in Sec. 63.1425(d), uncontrolled 
emissions shall be determined after the exit from the continuous unit 
operation but before any recovery device.
    (ii) The owner or operator shall determine the hourly uncontrolled 
organic HAP emissions from each process vent from a continuous unit 
operation in accordance with paragraph (c)(4)(ii) of this section, 
except that the emission rate shall be determined at the location 
specified in paragraph (d)(2)(i) of this section.
    (e) Determination of organic HAP emission reduction for a PMPU. (1) 
The owner or operator shall determine the organic HAP emission 
reduction for process vents in a PMPU that are complying with 
Sec. 63.1425(b)(1)(i), (b)(2)(ii), (c)(1)(ii), or (d)(2) using Equation 
7. The organic HAP emission reduction shall be determined for each 
group of process vents subject to the same paragraph (i.e., paragraph 
(b), (c), or (d)) of Sec. 63.1425. For instance, process vents that 
emit epoxides are subject to paragraph (b) of Sec. 63.1425. Therefore, 
if the owner or operator of an existing affected source is complying 
with the 98 percent reduction requirement in Sec. 63.1425(b)(2)(ii), 
the organic HAP (i.e., epoxide) emission reduction shall be determined 
for the group of vents in a PMPU that are subject to this paragraph.
[GRAPHIC] [TIFF OMITTED] TR01JN99.006

Where:

    REDPMPU = Organic HAP emission reduction for the group 
of process vents subject to the same paragraph of Sec. 63.1425, 
percent.
    Eunc,i = Uncontrolled organic HAP emissions from process 
vent i that is controlled using a combustion,

[[Page 29455]]

recovery, or recapture device, or extended cookout, kg/batch cycle for 
process vents from batch unit operations, kg/hr for process vents from 
continuous unit operations.
n = Number of process vents in the PMPU that are subject to the same 
paragraph of Sec. 63.1425 and that are controlled using a combustion, 
recovery, or recapture device, or extended cookout.
    Ri = Control efficiency of the combustion, recovery, or 
recapture device, or extended cookout, used to control organic HAP 
emissions from vent i, determined in accordance with paragraph (e)(2) 
of this section.
    Eunc,j = Uncontrolled organic HAP emissions from process 
vent j that is not controlled using a combustion, recovery, or 
recapture device, kg/batch cycle for process vents from batch unit 
operations, kg/hr for process vents from continuous unit operations.
m = Number of process vents in the PMPU that are subject to the same 
paragraph of Sec. 63.1425 and that are not controlled using a 
combustion, recovery, or recapture device.
    (2) The control efficiency, Ri, shall be assigned as 
specified below in paragraph (e)(2)(i), (ii), (iii), or (iv) of this 
section.
    (i) If the process vent is controlled using a flare (and the owner 
or operator has not previously obtained approval to assume a control 
efficiency greater than 98 percent in accordance with Sec. 63.6(g)) or 
a combustion device specified in paragraph (b)(1), (2), (4), or (5) of 
this section, and a performance test has not been conducted, the 
control efficiency shall be assumed to be 98 percent.
    (ii) If the process vent is controlled using a combustion, 
recovery, or recapture device for which a performance test has been 
conducted in accordance with the provisions of paragraph (c) of this 
section, or for which a performance test that meets the requirements of 
paragraph (b)(3) of this section has been previously performed, the 
control efficiency shall be the efficiency determined by the 
performance test.
    (iii) If epoxide emissions from the process vent are controlled 
using extended cookout, the control efficiency shall be the efficiency 
determined in accordance with Sec. 63.1427(e).
    (iv) If the process vent is controlled using a flare, and the owner 
or operator has obtained approval to assume a control efficiency 
greater than 98 percent in accordance with Sec. 63.6(g), the control 
efficiency shall be the efficiency approved in accordance with 
Sec. 63.6(g).
    (f) Design evaluation. A design evaluation is required for those 
control techniques that receive less than 10 tons per year (9.1 
megagrams per year) of uncontrolled organic HAP emissions from one or 
more PMPU, if the owner or operator has chosen not to conduct a 
performance test for those control techniques in accordance with 
paragraph (b)(6) of this section. The design evaluation shall include 
documentation demonstrating that the control technique being used 
achieves the required control efficiency under worst-case conditions, 
as determined from the emission profile described in 
Sec. 63.1426(c)(3)(i)(B)(3)(i).
    (1) Except for ECO whose design evaluation is presented in 
paragraph (f)(2) of this section, to demonstrate that a control 
technique meets the required control efficiency, a design evaluation 
shall address the composition and organic HAP concentration of the vent 
stream, immediately preceding the use of the control technique. A 
design evaluation shall also address other vent stream characteristics 
and control technique operating parameters, as specified in any one of 
paragraphs (f)(1)(i) through (vi) of this section, depending on the 
type of control technique that is used. If the vent stream is not the 
only inlet to the control technique, the owner or operator shall also 
account for all other vapors, gases, and liquids, other than fuels, 
received into the control technique from one or more PMPUs, for 
purposes of the efficiency determination.
    (i) For an enclosed combustion technique used to comply with the 
provisions of Sec. 63.1425(b)(1), (c)(1), or (d), with a minimum 
residence time of 0.5 seconds and a minimum temperature of 760 deg. C, 
the design evaluation shall document that these conditions exist.
    (ii) For a combustion control technique that does not satisfy the 
criteria in paragraph (f)(1)(i) of this section, the design evaluation 
shall document the control efficiency and address the characteristics 
listed in paragraphs (f)(1)(ii)(A) through (C) of this section, 
depending on the type of control technique.
    (A) For a thermal vapor incinerator, in the design evaluation the 
owner or operator shall consider the autoignition temperature of the 
organic HAP, shall consider the vent stream flow rate, and shall 
establish the design minimum and average temperatures in the combustion 
zone and the combustion zone residence time.
    (B) For a catalytic vapor incinerator, in the design evaluation the 
owner or operator shall consider the vent stream flow rate and shall 
establish the design minimum and average temperatures across the 
catalyst bed inlet and outlet.
    (C) For a boiler or process heater, in the design evaluation the 
owner or operator shall consider the vent stream flow rate; shall 
establish the design minimum and average flame zone temperatures and 
combustion zone residence time; and shall describe the method and 
location where the vent stream is introduced into the flame zone.
    (iii) For a condenser, in the design evaluation the owner or 
operator shall consider the vent stream flow rate, relative humidity, 
and temperature, and shall establish the design outlet organic HAP 
compound concentration level, design average temperature of the exhaust 
vent stream, and the design average temperatures of the coolant fluid 
at the condenser inlet and outlet. The temperature of the gas stream 
exiting the condenser shall be measured and used to establish the 
outlet organic HAP concentration.
    (iv) For a carbon adsorption system that regenerates the carbon bed 
directly onsite as part of the control technique (such as a fixed-bed 
adsorber), in the design evaluation the owner or operator shall 
consider the vent stream flow rate, relative humidity, and temperature, 
and shall establish the design exhaust vent stream organic compound 
concentration level, adsorption cycle time, number and capacity of 
carbon beds, type and working capacity of activated carbon used for the 
carbon beds, design total regeneration stream mass or volumetric flow 
over the period of each complete carbon bed regeneration cycle, design 
carbon bed temperature after regeneration, design carbon bed 
regeneration time, and design service life of the carbon. For vacuum 
desorption, the pressure drop shall also be included.
    (v) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite as part of the control technique (such as a 
carbon canister), in the design evaluation the owner or operator shall 
consider the vent stream mass or volumetric flow rate, relative 
humidity, and temperature, and shall establish the design exhaust vent 
stream organic compound concentration level, capacity of the carbon 
bed, type and working capacity of activated carbon used for the carbon 
bed, and design carbon replacement interval based on the total carbon 
working capacity of the control technique and source operating 
schedule.
    (vi) For a scrubber, in the design evaluation the owner or operator 
shall consider the vent stream composition, constituent concentrations, 
liquid-to-

[[Page 29456]]

vapor ratio, scrubbing liquid flow rate and concentration, temperature, 
and the reaction kinetics of the constituents with the scrubbing 
liquid. The design evaluation shall establish the design exhaust vent 
stream organic compound concentration level and shall include the 
additional information in paragraphs (f)(1)(vi) (A) and (B) of this 
section for trays and a packed column scrubber.
    (A) Type and total number of theoretical and actual trays.
    (B) Type and total surface area of packing for entire column and 
for individual packed sections, if the column contains more than one 
packed section.
    (2) For ECO, the design evaluation shall establish the minimum 
duration (time) of the ECO, the maximum pressure at the end of the ECO, 
or the maximum epoxide concentration in the reactor liquid at the end 
of the ECO for each product class.


Sec. 63.1427  Process vent requirements for processes using extended 
cookout as an epoxide emission reduction technique.

    (a) Applicability of extended cookout requirements. Owners or 
operators of affected sources that produce polyether polyols using 
epoxides, and that are using ECO as a control technique to reduce 
epoxide emissions in order to comply with percent emission reduction 
requirements in Sec. 63.1425(b)(1)(i) or (b)(2)(ii) shall comply with 
the provisions of this section. The owner or operator that is using ECO 
in order to comply with the emission factor requirements in 
Sec. 63.1425(b)(1)(iii) or Sec. 63.1425(b)(2)(iv) shall demonstrate 
that the specified emission factor is achieved by following the 
requirements in Sec. 63.1431. If additional control devices are used to 
further reduce the HAP emissions from a process vent already controlled 
by ECO, then the owner or operator shall also comply with the testing, 
monitoring, recordkeeping, and reporting requirements associated with 
the additional control device, as specified in Secs. 63.1426, 63.1429, 
and 63.1430, respectively.
    (1) For each product class, the owner or operator shall determine 
the batch cycle percent epoxide emission reduction for the most 
difficult to control product in the product class, where the most 
difficult to control product is the polyether polyol that is 
manufactured with the slowest pressure decay curve.
    (2) The owner or operator may determine the batch cycle percent 
epoxide emission reduction by directly measuring the concentration of 
the unreacted epoxide, or by using process knowledge, reaction 
kinetics, and engineering knowledge, in accordance with paragraph 
(a)(2)(i) of this section.
    (i) If the owner or operator elects to use any method other than 
direct measurement, the epoxide concentration shall be determined by 
direct measurement for one product from each product class and compared 
with the epoxide concentration determined using the selected estimation 
method, with the exception noted in paragraph (a)(2)(ii) of this 
section. If the difference between the directly determined epoxide 
concentration and the calculated epoxide concentration is less than 25 
percent, then the selected estimation method will be considered to be 
an acceptable alternative to direct measurement for that class.
    (ii) If uncontrolled epoxide emissions prior to the end of the ECO 
are less than 10 tons per year (9.1 megagrams per year), the owner or 
operator is not required to perform the direct measurement required in 
paragraph (a)(2)(i) of this section. Uncontrolled epoxide emissions 
prior to the end of the ECO shall be determined by the procedures in 
paragraph (d)(1) of this section.
    (b) Define the end of epoxide feed. The owner or operator shall 
define the end of the epoxide feed in accordance with paragraph (b)(1) 
or (2) of this section.
    (1) The owner or operator shall determine the concentration of 
epoxide in the reactor liquid at the point in time when all epoxide has 
been added to the reactor and prior to any venting. This concentration 
shall be determined in accordance with the procedures in paragraph 
(f)(1)(i) of this section.
    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the end of the epoxide feed may be defined by the 
reactor epoxide partial pressure at the point in time when all epoxide 
reactants have been added to the reactor. This reactor epoxide partial 
pressure shall be determined in accordance with the procedures in 
paragraph (g) of this section.
    (i) No epoxide is emitted before the end of the ECO;
    (ii) Extended cookout is the only control technique to reduce 
epoxide emissions; and
    (iii) The owner or operator elects to determine the percent epoxide 
emission reduction for the ECO using reactor epoxide partial pressure 
in accordance with paragraph (e)(2) of this section.
    (c) Define the onset of the ECO. The owner or operator shall 
calculate the uncontrolled emissions for the batch cycle by calculating 
the epoxide emissions, if any, prior to the onset of the ECO, plus the 
epoxide emissions at the onset of the ECO. The onset of the ECO is 
defined as the point in time when the combined unreacted epoxide 
concentration in the reactor liquid is equal to 25 percent of the 
concentration of epoxides at the end of the epoxide feed, which was 
determined in accordance with paragraph (b) of this section.
    (1) The uncontrolled epoxide emissions for the batch cycle shall be 
determined using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR01JN99.007

Where:

Ee,u = Uncontrolled epoxide emissions at the onset of the 
ECO, kilograms per (kg/)batch.
Cliq,i = Concentration of epoxide in the reactor liquid at 
the onset of the ECO, which is equal to 25 percent of the concentration 
of epoxide at the end of the epoxide feed, determined in accordance 
with paragraph (b)(1) of this section, weight percent.
Vliq,i = Volume of reactor liquid at the onset of the ECO, 
liters.
Dliq,i = Density of reactor liquid, kg/liter.
Cvap,i = Concentration of epoxide in the reactor vapor space 
at the onset of the ECO, determined in accordance with paragraph (f)(2) 
of this section, weight percent.
Vvap,i = Volume of the reactor vapor space at the onset of 
the ECO, liters.
Dvap,i = Vapor density of reactor vapor space at the onset 
of the ECO, kg/liter.
    Eepox,bef = Epoxide emissions that occur prior to the 
onset of the ECO, determined in accordance with the provisions of 
Sec. 63.1426(d), kilograms.

    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator may define the onset of the 
ECO as the point in time

[[Page 29457]]

when the reactor epoxide partial pressure equals 25 percent of the 
reactor epoxide partial pressure at the end of the epoxide feed, and is 
not required to determine the uncontrolled epoxide emissions in 
accordance with paragraph (c)(1) of this section.
    (d) Determine emissions at the end of the ECO. The owner or 
operator shall calculate the epoxide emissions at the end of the ECO, 
where the end of the ECO is defined as the point immediately before the 
time when the reactor contents are emptied and/or the reactor vapor 
space purged to the atmosphere or to a combustion, recovery, or 
recapture device.
    (1) The epoxide emissions at the end of the ECO shall be determined 
using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR01JN99.008

Where:

Ee,E = Epoxide emissions at the end of the ECO, kg.
Cliq,f = Concentration of epoxide in the reactor liquid at 
the end of the ECO, determined in accordance with paragraph (f)(1) of 
this section, weight percent.
Vliq,f = Volume of reactor liquid at the end of the ECO, 
liters.
Dliq,f = Density of reactor liquid, kg/liter.
Cvap,f = Concentration of epoxide in the reactor vapor space 
as it exits the reactor at the end of the ECO, determined in accordance 
with paragraph (f)(2) of this section, weight percent.
Vvap,f = Volume of the reactor vapor space as it exits the 
reactor at the end of the ECO, liters.
Dvap,f = Vapor density of reactor vapor space at the end of 
the ECO, kg/liter.

    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator may determine the reactor 
epoxide partial pressure at the end of the ECO instead of determining 
the uncontrolled epoxide emissions at the end of the ECO in accordance 
with paragraph (d)(1) of this section.
    (e) Determine percent epoxide emission reduction. (1) The owner or 
operator shall determine the percent epoxide emission reduction for the 
batch cycle using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR01JN99.009

Where:

Rbatchcycle = Epoxide emission reduction for the batch 
cycle, percent.
Ee,E = Epoxide emissions at the end of the ECO determined in 
accordance with paragraph (d)(1) of this section, kilograms.
Raddon,i = Control efficiency of combustion, recovery, or 
recapture device that is used to control epoxide emissions after the 
ECO, determined in accordance with the provisions of Sec. 63.1426(c), 
percent .
Ee,o = Epoxide emissions that occur before the end of the 
ECO, determined in accordance with the provisions of Sec. 63.1426(d), 
kilograms.
Raddon,j = Control efficiency of combustion, recovery, or 
recapture device that is used to control epoxide emissions that occur 
before the end of the ECO, determined in accordance with the provisions 
of Sec. 63.1426(c), percent.
Ee,u = Uncontrolled epoxide emissions determined in 
accordance with paragraph (c)(1) of this section, kilograms.

    (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator may determine the percent 
epoxide emission reduction for the batch cycle using reactor epoxide 
partial pressure and Equation 11, instead of using the procedures in 
paragraph (e)(1) of this section.
Where:

    Rbatchcycle = Epoxide emission reduction for the batch 
cycle, percent.
    Pepox,i = Reactor epoxide partial pressure at the onset 
of the ECO, determined in accordance with paragraph (c)(2) of this 
section, mm Hg.
    Pepox,f = Reactor epoxide partial pressure at the end of 
the ECO, determined in accordance with paragraph (c)(2) of this 
section, mm Hg.
    (f) Determination of epoxide concentrations. The owner or operator 
shall determine the epoxide concentrations in accordance with the 
procedures in this paragraph.
    (1) The owner or operator shall determine the concentration of 
epoxide in the reactor liquid using either direct measurement in 
accordance with paragraph (f)(1)(i) of this section, or reaction 
kinetics in accordance with paragraph (f)(1)(ii) of this section. An 
owner or operator may also request to use an alternative methodology in 
accordance with paragraph (f)(1)(iii) of this section.
    (i) The owner or operator shall submit a standard operating 
procedure for obtaining the liquid sample, along with the test method 
used to determine the epoxide concentration. This information shall be 
submitted in the Precompliance Report.
    (ii) Determine the epoxide concentration in the reactor liquid 
using Equation 12. [Equation 12]
[GRAPHIC] [TIFF OMITTED] TR01JN99.011

    Cliq,f = Concentration of epoxide in the reactor liquid 
at the end of the time period, weight percent.
    Cliq,i = Concentration of epoxide in the reactor liquid 
at the beginning of the time period, weight percent.
k = Reaction rate constant, 1/hr.
t = Time, hours.

    Note: This equation assumes a first order reaction with respect 
to epoxide concentration. where:

    (iii) If the owner/operator deems that the methods listed in 
paragraphs (f)(1)(i) and (ii) of this section are not appropriate for 
the reaction system for a PMPU, then the owner/operator may submit a 
request for the use of an alternative method.
    (2) The owner or operator shall determine the concentration of 
epoxide in the reactor vapor space using either direct measurement in 
accordance with paragraph (f)(2)(i) of this section, or by engineering 
estimation in accordance

[[Page 29458]]

with paragraph (f)(2)(ii) of this section. An owner or operator may 
also request to use an alternative methodology in accordance with 
paragraph (f)(2)(iii) of this section.
    (i) The owner or operator shall take two representative samples 
from a bleed valve off the reactor's process vent. The owner or 
operator shall determine the total epoxide concentration using 40 CFR 
part 60, appendix A, Method 18.
    (ii) Determine the epoxide concentration in the vapor space using 
Raoult's Law or another appropriate phase equilibrium equation and the 
liquid epoxide concentration, determined in accordance with paragraph 
(f)(1) of this section.
    (iii) If the owner/operator deems that the methods listed in 
paragraphs (f)(1)(i) and (ii) of this section are not appropriate for 
the reaction system for a PMPU, then the owner/operator may submit a 
request for the use of an alternative method.
    (g) Determination of pressure. The owner or operator shall 
determine the total pressure of the system using standard pressure 
measurement devices calibrated according to the manufacturer's 
specifications or other written procedures that provide adequate 
assurance that the equipment would reasonably be expected to monitor 
accurately.
    (h) Determination if pressure decay curves are similar. The owner 
or operator shall determine the pressure decay curve as defined in 
Sec. 63.1423. Products with similar pressure decay curves constitute a 
product class. To determine if two pressure decay curves are similar 
when the pressure decay curves for products have different starting and 
finishing pressures, the owner or operator shall determine the time 
when the pressure has fallen to half its total pressure by using 
Equation 13:
[GRAPHIC] [TIFF OMITTED] TR01JN99.012

Where:

Phalf 1 = Half the total pressure of the epoxide 
for product 1.
Time (Phalf 1) = Time when the pressure has fallen to half 
its total pressure for product 1.
Phalf 2 = Half the total pressure of the epoxide 
for product 2.
Time (Phalf 2) = Time when the pressure has 
fallen to half its total pressure for product 2.
TAVG PAVG = The average time to cookout to the 
point where the epoxide pressure is 25 percent of the epoxide pressure 
at the end of the feed step for products 1 and 2.

    (i) ECO monitoring requirements. The owner or operator using ECO 
shall comply with the monitoring requirements of this paragraph to 
demonstrate continuous compliance with this subpart. Paragraphs (i)(1) 
through (3) of this section address monitoring of the extended cookout.
    (1) To comply with the provisions of this section, the owner or 
operator shall monitor one of the parameters listed in paragraphs 
(i)(1)(i) through (iii) of this section, or may utilize the provision 
in paragraph (i)(1)(iv) of this section.
    (i) Time from the end of the epoxide feed;
    (ii) The epoxide partial pressure in the closed reactor;
    (iii) Direct measurement of epoxide concentration in the reactor 
liquid at the end of the ECO, when the reactor liquid is still in the 
reactor, or after the reactor liquid has been transferred to another 
vessel; or
    (iv) An owner or operator may submit a request to the Administrator 
to monitor a parameter other than the parameters listed in paragraphs 
(i)(1)(i) through (iii) of this section, as described in 
Sec. 63.1439(f).
    (2) During the determination of the percent epoxide emission 
reduction in paragraphs (b) through (e) of this section, the owner or 
operator shall establish, as a level that shall be maintained during 
periods of operation, one of the parameters in paragraphs (i)(2)(i) 
through (iii) of this section, or may utilize the procedure in 
paragraph (i)(2)(iv) of this section, for each product class.
    (i) The time from the end of the epoxide feed to the end of the 
ECO;
    (ii) The reactor epoxide partial pressure at the end of the ECO;
    (iii) The epoxide concentration in the reactor liquid at the end of 
the ECO, when the reactor liquid is still in the reactor, or after the 
reactor liquid has been transferred to another vessel; or
    (iv) An owner or operator may submit a request to the Administrator 
to monitor a parameter other than the parameters listed in paragraphs 
(i)(2)(i) through (iii) of this section, as described in 
Sec. 63.1439(f).
    (3) For each batch cycle where ECO is used to reduce epoxide 
emissions, the owner or operator shall record the value of the 
monitored parameter at the end of the ECO. This parameter is then 
compared with the level established in accordance with paragraph (i)(2) 
of this section to determine if an excursion has occurred. An ECO 
excursion is defined as one of the situations described in paragraphs 
(i)(3)(i) through (v) of this section.
    (i) When the time from the end of the epoxide feed to the end of 
the ECO is less than the time established in paragraph (i)(2)(i) of 
this section;
    (ii) When the reactor epoxide partial pressure at the end of the 
ECO is greater than the partial pressure established in paragraph 
(i)(2)(ii) of this section;
    (iii) When the epoxide concentration in the reactor liquid at the 
end of the ECO is greater than the epoxide concentration established in 
paragraph (i)(2)(iii) of this section;
    (iv) When the parameter is not measured and recorded at the end of 
the ECO; or
    (v) When the alternative monitoring parameter is outside the range 
established under Sec. 63.1439(f) for proper operation of the ECO as a 
control technique.
    (j) Recordkeeping requirements. (1) The owner or operator shall 
maintain the records specified in paragraphs (j)(1)(i) and (ii) of this 
section, for each product class. The owner or operator shall also 
maintain the records related to the initial determination of the 
percent epoxide emission reduction specified in paragraphs (j)(1)(iii) 
through (x) of this section, as applicable, for each product class.
    (i) Operating conditions of the product class, including:

(A) Pressure decay curve;
(B) Minimum reaction temperature;
(C) Number of reactive hydrogens in the raw material;
(D) Minimum catalyst concentration;
(E) Ratio of EO/PO at the end of the epoxide feed; and
(F) Reaction conditions, including the size of the reactor or batch.

    (ii) A listing of all products in the product class, along with the 
information specified in paragraphs (j)(1)(i)(A) through (F) of this 
section, for each product.
    (iii) The concentration of epoxide at the end of the epoxide feed, 
determined in accordance with paragraph (b)(1) of this section.
    (iv) The concentration of epoxide at the onset of the ECO, 
determined in

[[Page 29459]]

accordance with paragraph (c) of this section.
    (v) The uncontrolled epoxide emissions at the onset of the ECO, 
determined in accordance with paragraph (c)(1) of this section. The 
records shall also include all the background data, measurements, and 
assumptions used to calculate the uncontrolled epoxide emissions.
    (vi) The epoxide emissions at the end of the ECO, determined in 
accordance with paragraph (d)(1) of this section. The records shall 
also include all the background data, measurements, and assumptions 
used to calculate the epoxide emissions.
    (vii) The percent epoxide reduction for the batch cycle, determined 
in accordance with paragraph (e)(1) of this section. The records shall 
also include all the background data, measurements, and assumptions 
used to calculate the percent reduction.
    (viii) The parameter level, established in accordance with 
paragraph (i)(3) of this section.
    (ix) If epoxide emissions occur before the end of the ECO, the 
owner or operator shall maintain records of the time and duration of 
all such emission episodes that occur during the initial demonstration 
of batch cycle efficiency.
    (x) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of 
this section are met, the owner or operator is not required to maintain 
the records specified in paragraphs (j)(1)(iii) through (iv) of this 
section, but shall maintain the records specified in paragraphs 
(j)(1)(x)(A), (B), and (C) of this section.
    (A) The reactor epoxide partial pressure at the following times:
    (1) At end of the epoxide feed, determined in accordance with 
paragraph (b)(2) of this section;
    (2) At the onset of the ECO, established in accordance with 
paragraph (c)(2) of this section; or
    (3) At the end of the ECO, determined in accordance with paragraph 
(d)(2) of this section.
    (B) The percent epoxide reduction for the batch cycle, determined 
in accordance with paragraph (e)(2) of this section. The records shall 
also include all the measurements and assumptions used to calculate the 
percent reduction.
    (C) The reactor epoxide partial pressure at the end of the ECO.
    (2) The owner or operator shall maintain the records specified in 
paragraphs (j)(2)(i) through (iv) of this section.
    (i) For each batch cycle, the product being produced and the 
product class to which it belongs.
    (ii) For each batch cycle, the owner or operator shall record the 
value of the parameter monitored in accordance with paragraph (i)(3) of 
this section.
    (iii) If a combustion, recovery, or recapture device is used in 
conjunction with ECO, the owner or operator shall record the 
information specified in Sec. 63.1430(d) and comply with the monitoring 
provisions in Sec. 63.1429.
    (iv) If a combustion, recovery, or recapture device is used to 
reduce emissions, the owner or operator shall maintain the records 
specified in Sec. 63.1430(d).
    (v) If epoxide emissions occur before the end of the ECO, the owner 
or operator shall maintain records of the time and duration of all such 
emission episodes.
    (k) Reporting requirements. The owner or operator shall comply with 
the reporting requirements in this paragraph.
    (1) The information specified in paragraphs (k)(1)(i) through (ii) 
of this section shall be provided in the Precompliance Report, as 
specified in Sec. 63.1439(e)(4).
    (i) A standard operating procedure for obtaining the reactor liquid 
sample and a method that will be used to determine the epoxide 
concentration in the liquid, in accordance with paragraph (f)(1)(i) of 
this section.
    (ii) A request to monitor a parameter other than those specified in 
paragraph (i)(1)(i), (ii), or (iii) of this section, as provided for in 
paragraph (i)(1)(iv) of this section.
    (2) The information specified in paragraphs (k)(2)(i) through (iv) 
of this section shall be provided in the Notification of Compliance 
Status, as specified in Sec. 63.1439(e)(5).
    (i) For each product class, the information specified in paragraphs 
(k)(2)(i)(A) through (C) of this section.
    (A) The operating conditions of this product class, as specified in 
paragraph (j)(1)(i) of this section.
    (B) A list of all products in the product class.
    (C) The percent epoxide emission reduction, determined in 
accordance with paragraph (e) of this section.
    (ii) The parameter for each product class, as determined in 
accordance with paragraph (i)(2) of this section.
    (iii) If a combustion, recovery, or recapture device is used in 
addition to ECO to reduce emissions, the information specified in 
Sec. 63.1430(g)(1).
    (iv) If epoxide emissions occur before the end of the ECO, a 
listing of the time and duration of all such emission episodes that 
occur during the initial demonstration of batch cycle efficiency.
    (3) The information specified in paragraphs (k)(3)(i) through (iii) 
of this section shall be provided in the Periodic Report, as specified 
in Sec. 63.1439(e)(6).
    (i) Reports of each batch cycle for which an ECO excursion 
occurred, as defined in paragraph (i)(3) of this section.
    (ii) Notification of each batch cycle when the time and duration of 
epoxide emissions before the end of the ECO, recorded in accordance 
with paragraph (j)(2)(iv) of this section, exceed the time and duration 
of the emission episodes during the initial epoxide emission percentage 
reduction determination, as recorded in paragraph (j)(1)(viii) of this 
section.
    (iii) If a combustion, recovery, or recapture device is used to 
reduce emissions, the information specified in Sec. 63.1430(h).
    (l) New polyether polyol products. If an owner or operator wishes 
to utilize ECO as a control option for a polyether polyol not 
previously assigned to a product class and reported to the Agency in 
accordance with either paragraph (k)(2)(i)(B), (l)(1)(ii), or 
(l)(2)(iii) of this section, the owner or operator shall comply with 
the provisions of paragraph (l)(1) or (2) of this section.
    (1) If the operating conditions of the new polyether polyol are 
consistent with the operating conditions for an existing product class, 
the owner or operator shall comply with the requirements in paragraphs 
(l)(1)(i) and (ii) of this section.
    (i) The owner or operator shall update the list of products for the 
product class required by paragraph (j)(1)(ii) of this section, and 
shall record the information in paragraphs (j)(1)(i)(A) through (F) of 
this section for the new product.
    (ii) Within 180 days after the production of the new polyether 
polyol, the owner or operator shall submit a report updating the 
product list previously submitted for the product class. This 
information may be submitted along with the next Periodic Report.
    (2) If the operating conditions of the new polyether polyol do not 
conform with the operating characteristics of an existing product 
class, the owner or operator shall establish a new product class and 
shall comply with provisions of paragraphs (l)(2)(i) through (iii) of 
this section.
    (i) The owner or operator shall establish the batch cycle percent 
epoxide emission reduction in accordance with paragraphs (b) through 
(g) of this section for the product class.
    (ii) The owner or operator shall establish the records specified in

[[Page 29460]]

paragraph (j)(1) of this section for the product class.
    (iii) Within 180 days of the production of the new polyether 
polyol, the owner or operator shall submit a report containing the 
information specified in paragraphs (k)(2)(i) and (ii) of this section.
    (m) Polyether polyol product changes. If a change in operation, as 
defined in paragraph (m)(1) of this section, occurs for a polyether 
polyol that has been assigned to a product class and reported to the 
Agency in accordance with paragraph (k)(2)(i)(B), (l)(1)(ii), or 
(l)(2)(iii) of this section, the owner or operator shall comply with 
the provisions of paragraphs (m)(2) through (3) of this section.
    (1) A change in operation for a polyether polyol is defined as a 
change in any one of the parameters listed in paragraphs (m)(1)(i) 
through (ix) of this section.
    (i) A significant change in reaction kinetics;
    (ii) Use of a different oxide reactant;
    (iii) Use of a different EO/PO ratio;
    (iv) A lower reaction temperature;
    (v) A lower catalyst feed on a mole/mole fraction OH basis;
    (vi) A shorter cookout;
    (vii) A lower reactor pressure;
    (viii) A different type of reaction, (e.g., a self-catalyzed vs. 
catalyzed reaction); or
    (ix) A marked change in reaction conditions (e.g., a markedly 
different liquid level).
    (2) If the operating conditions of the product after the change in 
operation remain within the operation conditions of the product class 
to which the product was assigned, the owner or operator shall update 
the records specified in paragraphs (j)(1)(i)(A) through (F) of this 
section for the product.
    (3) If the operating conditions of the product after the change in 
operation are outside of the operating conditions of the product class 
to which the product was assigned, the owner or operator shall comply 
with the requirements in paragraph (m)(3)(i) or (ii) of this section, 
as appropriate.
    (i) If the new operating conditions of the polyether polyol are 
consistent with the operating conditions for another existing product 
class, the owner or operator shall comply with the requirements in 
paragraphs (m)(3)(i)(A) and (B) of this section.
    (A) The owner or operator shall update the list of products for the 
product class that the product is leaving, and for the product class 
that the product is entering, and shall record the new information in 
paragraphs (j)(1)(i)(A) through (F) of this section for the product.
    (B) Within 180 days after the change in operating conditions for 
the polyether polyol product, the owner or operator shall submit a 
report updating the product lists previously submitted for the product 
class. This information may be submitted along with the next Periodic 
Report.
    (ii) If the new operating conditions of the polyether polyol 
product do not conform with the operating characteristics of an 
existing product class, the owner or operator shall establish a new 
product class and shall comply with provisions of paragraphs 
(m)(3)(ii)(A) through (C) of this section.
    (A) The owner or operator shall establish the batch cycle percent 
epoxide emission reduction in accordance with paragraphs (b) through 
(g) of this section for the product class.
    (B) The owner or operator shall establish the records specified in 
paragraph (j)(1) of this section for the product class.
    (C) Within 180 days of the change in operating conditions for the 
polyether polyol, the owner or operator shall submit a report 
containing the information specified in paragraphs (k)(2)(i) and (ii) 
of this section.


Sec. 63.1428  Process vent requirements for group determination of 
PMPUs using a nonepoxide organic HAP to make or modify the product.

    (a) Process vents from batch unit operations. The owner or operator 
shall determine, for each PMPU located at an affected source, if the 
combination of all process vents from batch unit operations that are 
associated with the use of nonepoxide organic HAP to make or modify the 
product is a Group 1 combination of batch process vents, as defined in 
Sec. 63.1423. The annual uncontrolled nonepoxide organic HAP emissions, 
determined in accordance with paragraph (b) of this section, and annual 
average flow rate, determined in accordance with paragraph (c) of this 
section, shall be determined for all process vents from batch unit 
operations associated with the use of a nonepoxide organic HAP to make 
or modify the product, with the exception of those vents specified in 
paragraph (i) of this section, at the location after all applicable 
control techniques have been applied to reduce epoxide emissions in 
accordance with paragraph (a)(1) or (2) of this section.
    (1) If the owner or operator is using a combustion, recovery, or 
recapture device to reduce epoxide emissions, this location shall be at 
the exit of the combustion, recovery, or recapture device.
    (2) If the owner or operator is using ECO to reduce epoxide 
emissions, this location shall be at the exit from the batch unit 
operation. For the purpose of these determinations, the primary 
condenser operating as a reflux condenser on a reactor or distillation 
column shall be considered part of the unit operation.
    (b) Determination of annual nonepoxide organic HAP emissions. The 
owner or operator shall determine, for each PMPU, the total annual 
nonepoxide organic HAP emissions from the combination of all process 
vents from batch unit operations that are associated with the use of a 
nonepoxide organic HAP to make or modify the product in accordance with 
paragraphs (b)(1) and (2) of this section.
    (1) The annual nonepoxide organic HAP emissions for each process 
vent from a batch unit operation associated with the use of a 
nonepoxide organic HAP to make or modify the product shall be 
determined using the batch process vent procedures in the NESHAP for 
Group I Polymers and Resins (40 CFR part 63, subpart U), 
Sec. 63.488(b).
    (2) The owner or operator shall sum the annual nonepoxide organic 
HAP emissions from all individual process vents from batch unit 
operations in a PMPU, determined in accordance with paragraph (b)(1) of 
this section, to obtain the total nonepoxide organic HAP emissions from 
the combination of process vents associated with the use of a 
nonepoxide organic HAP to make or modify the product, for the PMPU.
    (c) Minimum emission level exemption. If the annual emissions of 
TOC or nonepoxide organic HAP from the combination of process vents 
from batch unit operations that are associated with the use of 
nonepoxide organic HAP to make or modify a polyether polyol for a PMPU 
are less than 11,800 kg/yr, the owner or operator of that PMPU is not 
required to comply with the provisions in paragraphs (d) and (e) of 
this section.
    (d) Determination of average flow rate and annual average flow 
rate. The owner or operator shall determine, for each PMPU, the total 
annual average flow rate for the combination of all process vents from 
batch unit operations that are associated with the use of a nonepoxide 
organic HAP to make or modify a product in accordance with paragraphs 
(d)(1) and (2) of this section.
    (1) The annual average flow rate for each process vent from batch 
unit operations that is associated with the use of nonepoxide organic 
HAP to make or modify the product shall be determined using the batch 
process vent

[[Page 29461]]

procedures in the NESHAP for Group I Polymers and Resins (40 CFR part 
63, subpart U), Sec. 63.488(e).
    (2) The owner or operator shall sum the annual average flow rates 
from the individual process vents from batch unit operations in a PMPU, 
determined in accordance with paragraph (d)(1) of this section, to 
obtain the total annual average flow rate for the combination of 
process vents associated with the use of a nonepoxide organic HAP to 
make or modify the product, for the PMPU.
    (e) Determination of cutoff flow rate. For each PMPU at an affected 
source that uses nonepoxide organic HAP to make or modify the product, 
the owner or operator shall calculate the cutoff flow rate using 
Equation 14.
[GRAPHIC] [TIFF OMITTED] TR01JN99.013

Where:

CFR = Cutoff flow rate, standard cubic meters per minute (scmm).
AE = Annual TOC or nonepoxide organic HAP emissions from the 
combination of process vents from batch unit operations that are 
associated with the use of nonepoxide organic HAP to make or modify the 
product, as determined in paragraph (b)(2) of this section, kg/yr.

    (f) [Reserved]
    (g) Process changes affecting Group 2 combinations of process vents 
in a PMPU that are from batch unit operations. Whenever process 
changes, as described in paragraph (g)(1) of this section, are made 
that affect a Group 2 combination of batch process vents and that could 
reasonably be expected to change the group status from Group 2 to Group 
1, the owner or operator shall comply with paragraphs (g)(2) and (3) of 
this section.
    (1) Examples of process changes include, but are not limited to, 
increases in production capacity or production rate, 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. Any change that results in an increase in the 
annual nonepoxide organic HAP emissions from the estimate used in the 
previous group determination constitutes a process change for the 
purpose of these provisions. 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.
    (2) For each process affected by a process change, the owner or 
operator shall redetermine the group status by repeating the procedures 
specified in paragraphs (b) through (e) of this section, as applicable, 
and determining if the combination of process vents is a Group 1 
combination of batch process vents, as defined in Sec. 63.1423. 
Alternatively, engineering assessment, as described in 
Sec. 63.488(b)(6)(i), may be used to determine the effects of the 
process change.
    (3) Based on the results of paragraph (g)(2) of this section, the 
owner or operator shall comply with either paragraph (g)(3)(i) or (ii) 
of this section.
    (i) If the redetermination described in paragraph (g)(2) of this 
section indicates that the group status of the combination of process 
vents from batch unit operations in a PMPU that are associated with the 
use of nonepoxide organic HAP to make or modify the product changes 
from Group 2 to Group 1 as a result of the process change, the owner or 
operator shall submit a report as specified in 
Sec. 63.1439(e)(6)(iii)(D)(1) and shall comply with Group 1 combination 
of batch process vents provisions in this subpart, as specified in 
Sec. 63.1420(g)(3).
    (ii) If the redetermination described in paragraph (g)(2) of this 
section indicates no change in group status, the owner or operator is 
not required to submit a report.
    (h) Process vents from continuous unit operations. (1) The owner or 
operator shall determine the total resource effectiveness (TRE) index 
value for each process vent from a continuous unit operation that is 
associated with the use of nonepoxide organic HAP to make or modify the 
product. To determine the TRE index value, the owner or operator shall 
conduct a TRE determination and calculate the TRE index value according 
to the HON process vent group determination procedures in 
Sec. 63.115(d)(1) or (2) and the TRE equation in Sec. 63.115(d)(3). The 
TRE index value shall be determined at the location after all 
applicable control techniques have been applied to reduce epoxide 
emissions in accordance with paragraph (h)(1)(i), (ii), or (iii) of 
this section.
    (i) If the owner or operator uses one or more nonepoxide recovery 
devices after all control techniques to reduce epoxide emissions, this 
location shall be after the last nonepoxide recovery device.
    (ii) If the owner or operator does not use a nonepoxide recovery 
device after a combustion, recovery, or recapture device to reduce 
epoxide emissions, this location shall be at the exit of the 
combustion, recovery, or recapture device.
    (iii) If the owner or operator does not use a nonepoxide recovery 
device after extended cookout to reduce epoxide emissions, this 
location shall be at the exit from the continuous unit operation. For 
the purpose of these determinations, the primary condenser operating as 
a reflux condenser on a reactor or distillation column shall be 
considered part of the unit operation.
    (2) The owner or operator of a Group 2 continuous process vent 
shall recalculate the TRE index value as necessary to determine whether 
the process vent is Group 1 or Group 2, whenever process changes are 
made that could reasonably be expected to change the process vent to 
Group 1. Examples of process changes include, but are not limited to, 
increases in production capacity or production rate, changes in 
feedstock type or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. For purposes of this 
paragraph, process changes do not include: process upsets; 
unintentional, temporary process changes; and changes that are within 
the range on which the original TRE calculation was based.
    (i) The TRE index value shall be recalculated based on measurements 
of process vent stream flow rate, TOC, and nonepoxide organic HAP 
concentrations, and heating values as specified in the HON process vent 
group determination procedures in Sec. 63.115(a), (b), (c), and (d), as 
applicable, or on best engineering assessment of the effects of the 
change. Engineering assessments shall meet the specifications in 
Sec. 63.115(d)(1).
    (ii) Where the recalculated TRE index value is less than or equal 
to 1.0, or, where the TRE index value before the process change was 
greater than 4.0 and the recalculated TRE index value is less than or 
equal to 4.0 but greater than 1.0, the owner or operator shall submit a 
report as specified in the process vent reporting and recordkeeping 
provisions in Sec. 63.1430(j) or (k), and shall comply with the 
appropriate provisions in the process vent control requirements in 
Sec. 63.1425 by the dates specified in

[[Page 29462]]

Sec. 63.1422 (the section describing compliance dates for sources 
subject to this subpart).
    (iii) Where the recalculated TRE index value is greater than 4.0, 
the owner or operator is not required to submit a report.
    (i) Combination of process vents from batch unit operations and 
process vents from continuous unit operations. If an owner or operator 
combines a process vent from a batch unit operation that is associated 
with the use of a nonepoxide organic HAP to make or modify the product 
with a process vent from a continuous unit operation that is associated 
with the use of a nonepoxide prior to the epoxide control technique, or 
prior to a nonepoxide recovery device that is after the epoxide control 
technique, then the provisions in paragraphs (i)(1) and (2) of this 
section shall apply.
    (1) The process vent from the batch unit operation is not required 
to be included in the group determination required by paragraphs (a) 
through (e) of this section.
    (2) The TRE index value of the combined stream shall be determined 
in accordance with paragraph (h) of this section, and the TRE index 
value shall be calculated during a period when nonepoxide organic HAP 
emissions are being generated by the batch unit operation.


Sec. 63.1429  Process vent monitoring requirements.

    (a) Monitoring equipment requirements. The owner or operator of a 
process vent that uses a combustion, recovery, or recapture device to 
comply with the process vent control requirements in 
Sec. 63.1425(b)(1), (b)(2), (c)(1), (c)(3), or (d) shall install 
monitoring equipment specified in paragraph (a)(1), (2), (3), (4), (5), 
(6), or (7) of this section, depending on the type of device used. 
Also, the owner or operator that uses a recovery or recapture device to 
comply with Sec. 63.1425(c)(4) shall install monitoring equipment as 
specified in paragraph (a)(4), (5), (6), or (7) of this section. All 
monitoring equipment shall be installed, calibrated, maintained, and 
operated according to manufacturers' specifications or other written 
procedures that provide adequate assurance that the equipment would 
reasonably be expected to monitor accurately.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is 
used, a temperature monitoring device shall be installed in the firebox 
or in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, the following monitoring equipment is 
required: a device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously 
detecting the presence of a pilot flame.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: a temperature monitoring device in the firebox equipped 
with a continuous recorder. Any boiler or process heater in which all 
process vent streams are introduced with primary fuel or are used as 
the primary fuel is exempt from this requirement.
    (4) Where an absorber is used, a scrubbing liquid flow rate meter 
or a pressure monitoring device is required and should be equipped with 
a continuous recorder. If an acid or base absorbent is used, a pH 
monitoring device to monitor scrubber effluent is also required. If two 
or more absorbers in series are used, a scrubbing liquid flow rate 
meter, or a pressure monitoring device, equipped with a continuous 
recorder, is required for each absorber in the series. An owner or 
operator may submit a request to instead install the scrubbing liquid 
flow rate meter, or a pressure monitoring device, equipped with a 
continuous recorder, on only the final absorber in a series, in 
accordance with the alternative parameter monitoring reporting 
requirements in Sec. 63.1439(f).
    (5) Where a condenser is used, a condenser exit temperature 
(product side) monitoring device equipped with a continuous recorder is 
required.
    (6) Where a carbon adsorber is used, an integrating regeneration 
stream flow monitoring device having an accuracy of +10 percent or 
better, capable of recording the total regeneration stream mass or 
volumetric flow 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.
    (7) As an alternative to paragraphs (a)(4) through (6) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder.
    (b) Alternative parameters. An owner or operator of a process vent 
may request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in the process vent reporting and 
recordkeeping requirements in Sec. 63.1430(j) and the alternative 
parameter monitoring reporting requirements in Sec. 63.1439(f). 
Approval shall be requested if the owner or operator:
    (1) Uses a combustion device other than an incinerator, boiler, 
process heater, or flare; or
    (2) For a Group 2 continuous process vent, maintains a TRE greater 
than 1.0 but less than or equal to 4.0 without a recovery device or 
with a recovery device other than the recovery devices listed in 
paragraph (a) of this section; or
    (3) Uses one of the combustion, recovery, or recapture devices 
listed in paragraph (a) of this section, but seeks to monitor a 
parameter other than those specified in paragraph (a) of this section.
    (c) Monitoring of bypass lines. The owner or operator of a process 
vent using a process vent system that contains bypass lines that could 
divert a process vent stream away from the combustion, recovery, or 
recapture device used to comply with the process vent control 
requirements in Sec. 63.1425(b), (c), or (d) shall comply with 
paragraph (c)(1) or (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 paragraphs (c)(1) or (2) of this section.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once at approximately equal intervals of about 
15 minutes. Records shall be generated as specified in the process vent 
reporting and recordkeeping provisions in Sec. 63.1430(d)(3). The flow 
indicator shall be installed at the entrance to any bypass line that 
could divert emissions away from the combustion, recovery, or recapture 
device and to the atmosphere; or
    (2) Secure the bypass line 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 valve is maintained in the non-diverting 
position and emissions are not diverted through the bypass line. 
Records shall be generated as specified in the process

[[Page 29463]]

vent reporting and recordkeeping provisions in Sec. 63.1430(d)(4)(i).
    (d) Establishment of parameter monitoring levels. Parameter 
monitoring levels for process vents from continuous or batch unit 
operations using a combustion, recovery, or recapture device to comply 
with the process vent control requirements in Sec. 63.1425(b), (c), or 
(d) shall be established as specified in paragraphs (d)(1) through (3) 
of this section.
    (1) For each parameter monitored under paragraph (a) or (b) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 5 
of this subpart (the table listing the monitoring, recordkeeping, and 
reporting requirements for process vents from batch unit operations), 
that indicates that the combustion, recovery, or recapture device is 
operated in a manner to ensure compliance with the provisions of this 
subpart. The level shall be established in accordance with the 
procedures specified in the process vent control requirements in 
Sec. 63.1430(d). 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 the process vent requirements for determining 
organic HAP concentration, control efficiency, and aggregated organic 
HAP emission reductions in Sec. 63.1426, provided that the prior 
performance test meets the conditions of Sec. 63.1426(b)(3).
    (2) The established level, along with supporting documentation, 
shall be submitted in the Notification of Compliance Status or the 
operating permit application as required in the Notification of 
Compliance Status requirements in Sec. 63.1439(e)(5) or in the 
operating permit application requirements in Sec. 63.1439(e)(8), 
respectively.
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (d)(2) of this section. The definition of operating day 
shall specify the time(s) at which an operating day begins and ends.


Sec. 63.1430  Process vent reporting and recordkeeping requirements.

    (a) [Reserved]
    (b) Records to demonstrate compliance. The owner or operator 
complying with the process vent control requirements in 
Sec. 63.1425(b), (c), or (d) shall keep the following records, as 
applicable, readily accessible:
    (1) When using a flare to comply with the process vent control 
requirements in Sec. 63.1425(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1):
    (i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate determinations, and exit velocity determinations made during 
the flare specification determination required by Sec. 63.1437(c); and
    (iii) All periods during the flare specification determination 
required by Sec. 63.1437(c) when all pilot flames are absent.
    (2) The following information when using a combustion, recovery, or 
recapture device (other than a flare) to achieve compliance with the 
process vent control requirements in Sec. 63.1425(b), (c), or (d):
    (i) For a combustion, recovery, or recapture device being used to 
comply with a percent reduction requirement of Sec. 63.1425(b)(1)(i), 
(b)(2)(ii), (c)(1)(ii), (c)(3)(ii), or (d)(2), or the annual epoxide 
emission limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv), the 
percent reduction of organic HAP or TOC achieved, as determined using 
the procedures specified in the process vent requirements in 
Sec. 63.1426;
    (ii) For a combustion device being used to comply with an outlet 
concentration limitation of Sec. 63.1425(b)(1)(ii) or (b)(2)(iii), the 
concentration of organic HAP or TOC outlet of the combustion device, as 
determined using the procedures specified in the process vent 
requirements in Sec. 63.1426;
    (iii) For a boiler or process heater, a description of the location 
at which the process vent stream is introduced into the boiler or 
process heater;
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or is used as a secondary fuel and is 
not mixed with the primary fuel, the percent reduction of organic HAP 
or TOC achieved, as determined using the procedures specified in 
Sec. 63.1426.
    (c) Records related to the establishment of parameter monitoring 
levels. For each parameter monitored according to the process vent 
monitoring requirements in Sec. 63.1429(a) and Table 5 of this subpart, 
or for alternate parameters and/or parameters for alternate control 
techniques monitored according to the alternative parameter monitoring 
reporting requirements in Sec. 63.1439(f) as allowed under 
Sec. 63.1429(b), maintain documentation showing the establishment of 
the level that indicates that the combustion, recovery, or recapture 
device is operated in a manner to ensure compliance with the provisions 
of this subpart, as required by the process vent monitoring 
requirements in Sec. 63.1429(d).
    (d) Records to demonstrate continuous compliance. The owner or 
operator that uses a combustion, recovery, or recapture device to 
comply with the process vent control requirements in Sec. 63.1425(b), 
(c), or (d) shall keep the following records readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under the process vent monitoring 
requirements in Sec. 63.1429(a) as applicable, and listed in Table 5 of 
this subpart, or specified by the Administrator in accordance with the 
alternative parameter monitoring reporting requirements in 
Sec. 63.1439(f), as allowed under Sec. 63.1429(b). These records shall 
be kept as specified under Sec. 63.1439(d), except as specified in 
paragraphs (d)(1)(i) and (ii) of this section.
    (i) For flares, the records specified in Table 5 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers used for process vents from batch unit 
operations, the records specified in Table 5 of this subpart shall be 
maintained in place of daily averages.
    (2) Records of the daily average value for process vents from 
continuous unit operations or batch unit operations of each 
continuously monitored parameter, except as provided in paragraphs 
(d)(2)(i) and (ii) of this section.
    (i) 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 daily 
averages. In addition, monitoring data recorded during periods of non-
operation of the process (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 daily averages.
    (ii) If all recorded values for a monitored parameter during an 
operating day are above the minimum or below the maximum parameter 
monitoring level established in accordance with the process vent 
monitoring requirements in Sec. 63.1429(d), the owner or operator may 
record that all values were above the

[[Page 29464]]

minimum or below the maximum level established, rather than calculating 
and recording a daily average for that operating day.
    (3) Hourly records of whether the flow indicator for bypass lines 
specified under Sec. 63.1429(c)(1) was operating and whether a 
diversion was detected at any time during the hour. Also, records of 
the time(s) of all periods when the process vent was diverted from the 
combustion, recovery, or recapture device, or the flow indicator 
specified in Sec. 63.1429(c)(1) was not operating.
    (4) Where a seal or closure mechanism is used to comply with the 
process vent monitoring requirements for bypass lines in 
Sec. 63.1429(c)(2), hourly records of flow are not required. For 
compliance with Sec. 63.1429(c)(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 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.
    (5) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high level adjustments. In addition, records specifying 
any other periods of process or combustion, recovery, or recapture 
device operation when monitors are not operating.
    (e) Records related to the group determination for process vents 
that are associated with the use of nonepoxide organic HAP to make or 
modify the product. (1) Process vents from batch unit operations. 
Except as provided in paragraphs (e)(1)(vi) and (vii) of this section, 
the owner or operator of an affected source shall maintain the records 
specified in paragraphs (e)(1)(i) through (v) of this section for each 
PMPU that uses a nonepoxide organic HAP to make or modify the product 
in batch unit operations. The records required to be maintained by this 
paragraph are limited to the information developed and used to make the 
group determination under the process vent requirements for processes 
using a nonepoxide organic HAP to make or modify the product in 
Sec. 63.1428(a) through (e), as appropriate. If an owner or operator 
did not need to develop certain information (e.g., annual average flow 
rate) to determine the group status, the owner or operator is not 
required to develop additional information. The owner or operator may 
elect Group 1 status for process vents without making a Group 1/Group 2 
determination. In such event, none of the records specified in 
paragraphs (e)(1)(i) through (v) are required.
    (i) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle for each unique product class made in the PMPU.
    (ii) Total annual uncontrolled TOC or nonepoxide organic HAP 
emissions from the combination of process vents from batch unit 
operations associated with the use of nonepoxide organic HAP to make or 
modify the product, as determined in accordance with the process vent 
requirements for group determinations in Sec. 63.1428(b).
    (iii) The annual average flow rate for the combination of process 
vents from batch unit operations associated with the use of organic HAP 
to make or modify the product, as determined in accordance with the 
process vent requirements for group determinations in Sec. 63.1428(d).
    (iv) The cutoff flow rate, determined in accordance with the 
process vent requirements for group determinations in Sec. 63.1428(e).
    (v) The results of the PMPU group determination (i.e., whether the 
combination of process vents is Group 1 or Group 2).
    (vi) If the combination of all process vents from batch unit 
operations associated with the use of an organic HAP to make or modify 
the product is subject to the Group 1 batch process vent control 
requirements for nonepoxide HAP emissions from making or modifying the 
product in Sec. 63.1425(c)(1), none of the records in paragraphs 
(b)(1)(i) through (v) of this section are required.
    (vii) If the total annual emissions from the combination of process 
vents from batch unit operations associated with the use of an organic 
HAP to make or modify the product are less than 11,800 kg per year, 
only the records in paragraphs (b)(1)(i) and (ii) of this section are 
required.
    (2) Process vents from continuous unit operations. The owner or 
operator of an affected source that uses nonepoxide organic HAP to make 
or modify the product in continuous unit operations shall keep records 
regarding the measurements and calculations performed to determine the 
TRE index value of each process vent stream. The owner or operator of 
Group 1 continuous process vents that are subject to the control 
requirements of Sec. 63.1425(c)(3) is not required to keep these 
records.
    (f) Records for Group 2 process vents that are associated with the 
use of nonepoxide organic HAP to make or modify the product. The 
following records shall be maintained for PMPUs with a Group 2 
combination of batch process vents and/or one or more Group 2 
continuous process vents.
    (1) Process vents from batch unit operations--emission records. The 
owner or operator shall maintain records of the combined total annual 
nonepoxide organic HAP emissions from process vents associated with the 
use of nonepoxide organic HAP to make or modify the product for each 
PMPU where the combination of these process vents is classified as 
Group 2.
    (2) Process vents from continuous unit operations--monitoring 
records for vents with TRE between 1.0 and 4.0. The owner or operator 
using a recovery device or other means to achieve and maintain a TRE 
index value greater than 1.0 but less than 4.0 as specified in the HON 
process vent requirements in Sec. 63.113(a)(3) or Sec. 63.113(d) shall 
keep the following records readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(b) and listed in Table 5 of 
this subpart or specified by the Administrator in accordance with 
Sec. 63.114(c) and Sec. 63.117(e); and
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.152(f). If carbon adsorber regeneration 
stream flow and carbon bed regeneration temperature are monitored, the 
records specified in Table 5 of this subpart shall be kept instead of 
the daily averages.
    (3) Process vents from continuous unit operations--records related 
to process changes. The owner or operator subject to the provisions of 
this subpart who has elected to demonstrate compliance with the TRE 
index value greater than 4.0 under Sec. 63.113(e) or greater than 1.0 
under Sec. 63.113(a)(3) or Sec. 63.113(d) shall keep readily accessible 
records of:
    (i) Any process changes as defined in Sec. 63.115(e); and
    (ii) Any recalculation of the TRE index value pursuant to 
Sec. 63.115(e).
    (4) Process vents from continuous unit operations--records for 
vents with a flow rate less than 0.005 standard cubic meter per minute. 
The owner or operator who elects to comply by maintaining a flow rate 
less than 0.005 standard cubic meter per minute under Sec. 63.113(f), 
shall keep readily accessible records of:
    (i) Any process changes as defined in Sec. 63.115(e) that increase 
the process vent stream flow rate;

[[Page 29465]]

    (ii) Any recalculation or measurement of the flow rate pursuant to 
Sec. 63.115(e); and
    (iii) If the flow rate increases to 0.005 standard cubic meter per 
minute or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d).
    (5) Process vents from continuous unit operations--records for 
vents with an organic HAP concentration less than 50 parts per million. 
The owner or operator who elects to comply by maintaining an organic 
HAP concentration less than 50 parts per million by volume organic HAP 
concentration under Sec. 63.113(g) shall keep readily accessible 
records of:
    (i) Any process changes as defined in Sec. 63.115(e) that increase 
the organic HAP concentration of the process vent stream;
    (ii) Any recalculation or measurement of the concentration pursuant 
to Sec. 63.115(e); and
    (iii) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d).
    (g) Notification of Compliance Status. The owner or operator of an 
affected source shall submit the information specified in paragraphs 
(g)(1) through (3) of this section, as appropriate, as part of the 
Notification of Compliance Status specified in Sec. 63.1439(e)(5).
    (1) For the owner or operator complying with the process vent 
control requirements in Sec. 63.1425(b), (c)(1), (c)(3), or (d), the 
information specified in paragraph (b) of this section related to the 
compliance demonstration, and the information specified in paragraph 
(c) of this section related to the establishment of parameter 
monitoring levels,
    (2) For each PMPU where the combination of process vents from batch 
unit operations that are associated with the use of nonepoxide organic 
HAP to make or modify the product is Group 2, the information related 
to the group determination specified in paragraph (e)(1) of this 
section.
    (3) For each process vent from a continuous unit operation that is 
associated with the use of nonepoxide organic HAP to make or modify the 
product that is Group 2, the information related to the group 
determination specified in paragraph (e)(2) of this section.
    (h) Periodic Reports. The owner or operator of an affected source 
shall submit Periodic Reports of the recorded information specified in 
paragraphs (h)(1) through (6) of this section, as appropriate, 
according to the schedule for submitting Periodic Reports in 
Sec. 63.1439(e)(6)(i).
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraph 
(d)(2) of this section were above the maximum, or below the minimum, 
level established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data are not 
collected for each excursion caused by insufficient monitoring data as 
defined in Sec. 63.1438(f)(1)(iv), (f)(2)(i)(B), or (f)(3)(ii).
    (3) Reports of the times and durations of all periods recorded 
under paragraph (d)(3) of this section when the process vent stream is 
diverted from the combustion, recovery, or recapture device through a 
bypass line.
    (4) Reports of all periods recorded under paragraph (d)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has changed, or the key to unlock the bypass line valve was 
checked out.
    (5) Reports of the times and durations of all periods recorded 
under paragraph (d)(1)(i) of this section in which all pilot flames of 
a flare were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (d)(1)(ii) of this section were 
above the maximum, or below the minimum, levels established in the 
Notification of Compliance Status or operating permit.
    (i) Reports of process changes. Whenever a process change, as 
defined in Sec. 63.1420(g)(3), is made that causes a Group 2 
combination of batch process vents at a PMPU that are associated with 
the use of nonepoxide organic HAP to make or modify the product to 
become Group 1, 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 or in a separate submittal to the 
Administrator, as specified in Sec. 63.1439(e)(6)(iii)(D)(1). A 
description of the process change shall be submitted with the report.
    (j) Reporting requirements for Group 2 continuous process vents. 
(1) Whenever a process change, as defined in Sec. 63.1420(g)(3), 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 
calendar days after the process change is made or the information 
regarding the process change is known, unless the flow rate is less 
than 0.005 standard cubic meters per minute. The report may be 
submitted as part of the next periodic report. The report shall 
include:
    (i) A description of the process change;
    (ii) The results of the recalculation of the TRE index value 
required under Sec. 63.1428(h)(2), and recorded under paragraph (f)(3) 
of this section; and
    (iii) A statement that the owner or operator will comply with the 
process vent monitoring requirements specified in Sec. 63.1429, as 
appropriate.
    (2) Whenever a process change, as defined in Sec. 63.1420(g)(3), is 
made that causes a Group 2 continuous process vent with a flow rate 
less than 0.005 standard cubic meters per minute to become a Group 2 
continuous process vent with a flow rate of 0.005 standard cubic meters 
per minute or greater, the owner or operator shall submit a report 
within 180 calendar days after the process change is made or the 
information regarding the process change is known, unless the organic 
HAP concentration is less than 50 ppmv. The report may be submitted as 
part of the next periodic report. The report shall include:
    (i) A description of the process change;
    (ii) The results of the calculation of the TRE index value required 
under Sec. 63.1428(h)(2), and recorded under paragraph (f)(3) of this 
section; and
    (iii) A statement that the owner or operator will comply with the 
process vent monitoring requirements specified in Sec. 63.1429, as 
appropriate.
    (3) Whenever a process change, as defined in Sec. 63.1420(g)(3), is 
made that causes a Group 2 continuous process vent with an organic HAP 
concentration less than 50 ppmv to become a Group 2 continuous process 
vent with an organic HAP concentration of 50 ppmv or greater and a TRE 
index value less than 4.0, the owner or operator shall submit a report 
within 180 calendar days after the process change is made or the 
information regarding the process change is known, unless the flow rate 
is less than 0.005 standard cubic meters per minute. The report may be 
submitted as part of the next periodic report. The report shall 
include:
    (i) A description of the process change;
    (ii) The results of the calculation of the TRE index value required 
under Sec. 63.1428(h)(2), and recorded under paragraph (f)(3) of this 
section; and
    (iii) A statement that the owner or operator will comply with the 
process

[[Page 29466]]

vent monitoring requirements specified in Sec. 63.1429, as appropriate.
    (k) Alternative requests. If an owner or operator uses a 
combustion, recovery, or recapture device other than those specified in 
the process vent monitoring requirements in Sec. 63.1429(a)(1) through 
(7) and listed in Table 5 of this subpart; requests approval to monitor 
a parameter other than those specified in Sec. 63.1429(a)(1) through 
(7) and listed in Table 5 of this subpart; or uses ECO and requests to 
monitor a parameter other than those listed in Sec. 63.1427(i)(1)(i) 
through (iii), as allowed under Sec. 63.1427(i)(1)(iv), the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec. 63.1439(f)(3), as part 
of the Precompliance Report as required under Sec. 63.1439(e)(4), or to 
the Administrator as a separate submittal. The Administrator will 
specify appropriate reporting and recordkeeping requirements as part of 
the review of the Precompliance Report.


Sec. 63.1431  Process vent annual epoxides emission factor plan 
requirements.

    (a) Applicability of emission factor plan requirements. An owner or 
operator electing to comply with an annual epoxide emission factor 
limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv) shall develop and 
implement an epoxides emission factor plan in accordance with the 
provisions of this section.
    (b) Emission factor plan requirements. The owner or operator shall 
develop an epoxides emission factor plan.
    (1) If epoxide emissions are maintained below the epoxide emission 
factor limitation through the use of a combustion, recovery, or 
recapture device (without extended cookout), the owner or operator 
shall develop and implement the plan in accordance with paragraph (c) 
of this section.
    (2) If epoxide emissions are maintained below the epoxide emission 
factor limitation through the use of extended cookout (without a 
combustion, recovery, or recapture device), the owner or operator shall 
develop and implement the plan in accordance with paragraph (d) of this 
section.
    (3) If epoxide emissions are maintained below the epoxide emission 
factor limitation through the use of extended cookout in conjunction 
with a combustion, recovery, or recapture device, the owner or operator 
shall develop and implement the plan in accordance with paragraph (e) 
of this section.
    (c) Compliance with epoxide emission factor limitation using a 
combustion, recovery, or recapture device. (1) The owner or operator 
shall notify the Agency of the intent to use a combustion, recovery, or 
recapture device to comply with the epoxide emission factor limitation 
in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv). The owner or operator shall 
prepare an estimate of the annual epoxide emissions and the actual 
production rate in accordance with paragraphs (c)(1)(i) through (iv) of 
this section. This notification and emission estimate shall be 
submitted in the Precompliance Report as specified in 
Sec. 63.1439(e)(4), or in the operating permit application, as allowed 
in Sec. 63.1439(e)(8).
    (i) Annual uncontrolled epoxide emissions. These emission estimates 
shall be determined in accordance with the batch process vent group 
determination procedures in the NESHAP for Group I Polymers and Resins 
(40 CFR part 63, subpart U, Sec. 63.488(b)) and shall be based on 
anticipated production.
    (ii) A description of the combustion, recovery, or recapture 
device, along with the expected percent efficiency.
    (iii) Annual emissions after the combustion, recovery, or recapture 
device. The expected annual emissions after control shall be determined 
using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR01JN99.014

Where:

AEcontrol = Annual epoxide emissions after control, kg/yr.
AEuncontrolled = Annual uncontrolled epoxide emissions, 
determined in accordance with paragraph (c)(1)(i) of this section, kg/
yr.
R = Expected control efficiency of the combustion, recovery, or 
recapture device, percent, as determined in Sec. 63.1426(c).

    (iv) The actual annual production rate means the annual mass of 
polyether polyol product produced from the applicable PMPU. This 
production rate shall be for the same annual time period as the annual 
emission estimate as calculated in accordance with paragraph 
(c)(1)(iii) of this section.
    (2) The owner or operator shall conduct a performance test in 
accordance with Sec. 63.1426(c) to determine the epoxide control 
efficiency of the combustion, recovery, or recapture device. The owner 
or operator shall then recalculate the annual epoxide emissions after 
control using Equation 15, except that the control efficiency, R, shall 
be the measured control efficiency. This information shall be submitted 
as part of the Notification of Compliance Status, as provided in 
Sec. 63.1439(e)(5).
    (3) The owner or operator shall comply with the process vent 
monitoring provisions in Sec. 63.1429.
    (4) The owner or operator shall comply with the process vent 
recordkeeping requirements in paragraphs Sec. 63.1430(b) through (d), 
and the process vent reporting requirements in Sec. 63.1430(g)(1) and 
(h).
    (d) Compliance with epoxide emission factor limitation using 
extended cookout. (1) The owner or operator shall notify the Agency of 
the intent to use extended cookout to comply with the epoxide emission 
factor limitation in Sec. 63.1425(b)(1)(iii) or (b)(2)(iv). The owner 
or operator shall prepare an estimate of the annual epoxide emissions 
after the extended cookout. This notification and emission estimate 
shall be submitted in the Precompliance Report as specified in 
Sec. 63.1439(e)(4), or in the operating permit application, as allowed 
in Sec. 63.1439(e)(8).
    (2) The owner or operator shall determine the annual epoxide 
emissions in accordance with Sec. 63.1427(d), based on anticipated 
production. This information shall be submitted as part of the 
Notification of Compliance Status, as provided in Sec. 63.1439(e)(5).
    (3) The owner or operator shall comply with the ECO monitoring 
provisions in Sec. 63.1427(i).
    (4) The owner or operator shall comply with the process vent 
recordkeeping and reporting requirements in Sec. 63.1430.
    (e) Compliance with the epoxide emission factor limitation through 
the use of extended cookout in conjunction with one or more combustion, 
recovery, and/or recapture device. (1) The owner or operator shall 
notify the Agency of the intent to use extended cookout in conjunction 
with one or more combustion, recovery, and/or recapture device to 
comply with the annual

[[Page 29467]]

epoxide emission factor limitation in Sec. 63.1425(b)(1)(iii) or 
(b)(2)(iv). The owner or operator shall prepare an estimate of the 
annual epoxide emissions after control. This notification and emission 
estimate shall be submitted in the Precompliance Report as specified in 
Sec. 63.1439(e)(4), or in the operating permit application, as allowed 
under Sec. 63.1439(e)(8).
    (2) The owner or operator shall determine the annual epoxide 
emissions after control. This information shall be submitted as part of 
the Notification of Compliance Status, as provided in 
Sec. 63.1439(e)(5).
    (3) The owner or operator shall comply with the ECO monitoring 
provisions in Sec. 63.1427(i).
    (4) The owner or operator shall comply with the ECO recordkeeping 
and reporting requirements in Sec. 63.1427(j) and (k).
    (f) Compliance with epoxide emission factor limitation without 
using extended cookout or a combustion, recovery, or recapture device. 
(1) The owner or operator shall notify the Agency of the intent to 
comply with the epoxide emission factor limitation in 
Sec. 63.1425(b)(1)(iii) or (b)(2)(iv) without the use of ECO or a 
combustion, recovery, or recapture device. The owner or operator shall 
prepare an estimate of the annual epoxide emissions. This notification 
and emission estimate shall be submitted in the Precompliance Report as 
specified in Sec. 63.1439(e)(4), or in the operating permit 
application, as allowed in Sec. 63.1439(e)(8).
    (2) Each year after the compliance date, the owner or operator 
shall calculate the epoxides emission factor for the previous year. 
This information shall be submitted in the second Periodic Report 
submitted each year, as specified in Sec. 63.1439(e)(6).


Sec. 63.1432  Storage vessel provisions.

    (a) For each storage vessel located at an affected source, the 
owner or operator shall comply with the HON storage vessel requirements 
of Secs. 63.119 through 63.123 and the HON leak inspection provisions 
in Sec. 63.148, with the differences noted in paragraphs (b) through 
(p) of this section, for the purposes of this subpart.
    (b) When the term ``storage vessel'' is used in the HON storage 
vessel requirements in Secs. 63.119 through 63.123, the definition of 
this term in Sec. 63.1423 shall apply for the purposes of this subpart.
    (c) When the term ``Group 1 storage vessel'' is used in the HON 
storage vessel requirements in Secs. 63.119 through 63.123, the 
definition of this term in Sec. 63.1423 shall apply for the purposes of 
this subpart.
    (d) When the term ``Group 2 storage vessel'' is used in the HON 
storage vessel requirements in Secs. 63.119 through 63.123, the 
definition of this term in Sec. 63.1423 shall apply for the purposes of 
this subpart.
    (e) When the HON storage vessel requirements in Sec. 63.119 refer 
to ``December 31, 1992,'' the phrase ``September 4, 1997'' shall apply 
instead, for the purposes of this subpart.
    (f) When the HON storage vessel requirements in Sec. 63.119 refer 
to ``April 22, 1994,'' the phrase ``June 1, 1999,'' shall apply 
instead, for the purposes of this subpart.
    (g) 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 combustion, recovery, or recapture device used to 
comply with Sec. 63.119(e) is also used to comply with any of the 
requirements found in Secs. 63.1425 through 63.1431 and/or 
Sec. 63.1433, the performance test required in or accepted by 
Secs. 63.1425 through 63.1431 and/or Sec. 63.1433 is acceptable for 
demonstrating compliance with the HON storage vessel requirements in 
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 combustion, 
recovery, or recapture device as described in Sec. 63.120(d)(1)(i), if 
the performance test meets the criteria specified in paragraphs (g)(1) 
and (2) of this section.
    (1) The performance test demonstrates that the combustion, 
recovery, or recapture device achieves greater than or equal to the 
required control efficiency specified in the HON storage vessel 
requirements in Sec. 63.119(e)(1) or (2), as applicable; and
    (2) The performance test is submitted as part of the Notification 
of Compliance Status required by Sec. 63.1439(e)(5).
    (h) When the HON storage vessel requirements in 
Sec. 63.120(d)(3)(i) uses the term ``operating range,'' the term 
``level,'' shall apply instead, for the purposes of this subpart.
    (i) For purposes of this subpart, the monitoring plan required by 
the HON storage vessel requirements in Sec. 63.120(d)(2) shall specify 
for which combustion, recovery, or recapture device the owner or 
operator has selected to follow the procedures for continuous 
monitoring specified in Sec. 63.1438. For the combustion, recovery, or 
recapture device(s) for which the owner or operator has selected not to 
follow the procedures for continuous monitoring specified in 
Sec. 63.1438, the monitoring plan shall include a description of the 
parameter(s) to be monitored to ensure that the combustion, recovery, 
or recapture device is being properly operated and maintained, an 
explanation of the criteria used for selection of that parameter(s), 
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).
    (j) 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. 63.1439(e)(5).
    (k) When the HON 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. 63.1439(e)(5) shall apply for the purposes of this 
subpart.
    (l) When the HON 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. 63.1439(e)(6) shall 
apply for the purposes of this subpart.
    (m) When other reports as required in Sec. 63.152(d) are referred 
to in Sec. 63.122, the reporting requirements contained in 
Sec. 63.1439(e)(7) shall apply for the purposes of this subpart.
    (n) When the HON Initial Notification requirements contained in 
Sec. 63.151(b) are referred to in Sec. 63.119 through Sec. 63.123, the 
owner or operator shall comply with the Initial Notification 
requirements contained in Sec. 63.1439(e)(3), for the purposes of this 
subpart.
    (o) When the determination of equivalence criteria in 
Sec. 63.102(b) are referred to in the HON storage vessel requirements 
in Sec. 63.121(a), the General Provisions' alternative nonopacity 
emission provisions in Sec. 63.6(g) shall apply for the purposes of 
this subpart.
    (p) The compliance date for storage vessels at affected sources 
subject to the provisions of this section is specified in Sec. 63.1422.
    (q) In addition to the records required by Sec. 63.123, the owner 
or operator shall maintain records of all times when the storage tank 
is being filled (i.e., when the liquid level in the storage vessel is 
being raised). These records shall consist of documentation of the time 
when each filling period begins and ends.


Sec. 63.1433  Wastewater provisions.

    (a) Process wastewater. Except as specified in paragraph (c) of 
this section, the owner or operator of each

[[Page 29468]]

affected source shall comply with the HON wastewater requirements in 
Secs. 63.132 through 63.147 for each process wastewater stream 
originating at an affected source, with the HON leak inspection 
requirements in Sec. 63.148, and with the HON requirements in 
Sec. 63.149 for equipment that is subject to Sec. 63.149, with the 
differences noted in paragraphs (a)(1) through (20) 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) Owners and operators of affected sources are not required to 
comply with the HON new source wastewater requirements in 
Sec. 63.132(b)(1) and Sec. 63.132(d), for the purposes of this subpart. 
Owners or operators of all new affected sources, as defined in this 
subpart, shall comply with the HON requirements for existing sources in 
Secs. 63.132 through 63.149.
    (2) When the HON requirements in Secs. 63.132 through 63.149 refer 
to Table 9 or Table 36 of 40 CFR part 63, subpart G, the owner or 
operator is only required to consider organic HAP listed in Table 9 or 
Table 36 of 40 CFR part 63, subpart G, that are also listed on Table 4 
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 40 
CFR part 63, subpart G. In addition, when Secs. 63.132 through 63.149 
refer to List 1 or List 2, as listed in Table 36 of 40 CFR part 63, 
subpart G, the owner or operator is only required to consider organic 
HAP contained in those lists that are also listed on Table 4 of this 
subpart, for the purposes of this subpart.
    (3) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
General Provisions' alternative nonopacity emission standard provisions 
in Sec. 63.6(g) shall apply for the purposes of this subpart.
    (4) When the HON storage vessel requirements contained in 
Secs. 63.119 through 63.123 are referred to in Secs. 63.132 through 
63.148, the HON storage vessel requirements in Secs. 63.119 through 
63.123 are applicable, with the exception of the differences referred 
to in the storage vessel requirements in Sec. 63.1432, for the purposes 
of this subpart.
    (5) When the HON process wastewater reporting requirements in 
Sec. 63.146(a) require 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), the owner or operator requesting to 
monitor alternative parameters shall follow the procedures specified in 
Sec. 63.1439(f), for the purposes of this subpart.
    (6) When the HON process wastewater recordkeeping requirements in 
Sec. 63.147(d) require the owner or operator to keep records of the 
daily average value of each continuously monitored parameter for each 
operating day as specified in the HON recordkeeping provisions in 
Sec. 63.152(f), the owner or operator shall instead keep records of the 
daily average value of each continuously monitored parameter as 
specified in Sec. 63.1439(d), for the purposes of this subpart.
    (7) When the HON requirements in Secs. 63.132 through 63.149 refer 
to an ``existing source,'' the term ``existing affected source,'' as 
defined in Sec. 63.1420(a)(3) shall apply, for the purposes of this 
subpart.
    (8) When the HON requirements in Secs. 63.132 through 63.149 refer 
to a ``new source,'' the term ``new affected source,'' as defined in 
Sec. 63.1420(a)(4) shall apply, for the purposes of this subpart.
    (9) When the HON process wastewater provisions in Sec. 63.132 (a) 
and (b) refer to the ``applicable dates specified in Sec. 63.100 of 
subpart F of this part,'' the applicable compliance dates specified in 
Sec. 63.1422 shall apply, for the purposes of this subpart.
    (10) Whenever the HON process wastewater provisions in 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. 63.1423 shall apply, for the purposes of this subpart.
    (11) When the HON control requirements for certain liquid streams 
in open systems, in Sec. 63.149(d), refer to ``Sec. 63.100(f) of 
subpart F,'' the phrase ``Sec. 63.1420(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 PPP of this part,'' shall 
apply for the purposes of this subpart.
    (12) When the HON control requirements for certain liquid streams 
in open systems, in Sec. 63.149(e) (1) and (2), refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR 63.100(l) (1) or (2),'' the phrase ``a new affected source as 
described in Sec. 63.1420(a)(4),'' shall apply for the purposes of this 
subpart.
    (13) When the HON Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in the HON process 
wastewater provisions in Sec. 63.138 or Sec. 63.146, the Notification 
of Compliance Status requirements contained in Sec. 63.1439(e)(5) shall 
apply for the purposes of this subpart. In addition, when the HON 
process wastewater provisions in Sec. 63.138 or Sec. 63.146 require 
that information be reported according to Sec. 63.152(b) in the HON 
Notification of Compliance Status, owners or operators of affected 
sources shall report the specified information in the Notification of 
Compliance Status required by Sec. 63.1439(e)(5), for the purposes of 
this subpart.
    (14) When the HON Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in the HON process wastewater provisions 
in Sec. 63.146, the Periodic Report requirements contained in 
Sec. 63.1439(e)(6) shall apply for the purposes of this subpart. In 
addition, when Sec. 63.146 requires that information be reported in the 
HON 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. 63.1439(e)(6), for the purposes of this 
subpart.
    (15) When the term ``range'' is used in the HON requirements in 
Secs. 63.132 through 63.149, the term ``level'' shall be used instead, 
for the purposes of this subpart. This level shall be determined using 
the procedures specified in parameter monitoring procedures in 
Sec. 63.1438.
    (16) When the HON process wastewater monitoring and inspection 
provisions in Sec. 63.143(f) specify that the owner or operator shall 
establish the range that indicates proper operation of the treatment 
process or control technique, the owner or operator shall instead 
comply with the requirements Sec. 63.1438 (c) or (d) for establishing 
parameter level maximums/minimums, for the purposes of this subpart.
    (17) When the HON process wastewater provisions in Sec. 63.146(b) 
(7) and (8) require that ``the information on parameter ranges 
specified in Sec. 63.152(b)(2)'' be reported in the HON 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. 63.1439(e)(5)(ii), for the purposes of this subpart.
    (18) For the purposes of this subpart, the owner or operator is not 
required to comply with the HON process wastewater emission reduction 
provisions in Sec. 63.138(g).

[[Page 29469]]

    (19) When the provisions of HON process wastewater provisions in 
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 
comply with paragraphs (a)(19) (i) and (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.
    (20) 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 the HON provisions in 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 the NESHAP from off-
site waste and recovery operations in 40 CFR part 63, subpart DD, with 
respect to the received material.
    (b) Maintenance wastewater. The owner or operator of each affected 
source shall comply with the HON maintenance wastewater requirements in 
Sec. 63.105, with the exceptions noted in paragraphs (b) (1), (2), and 
(3) of this section.
    (1) When the HON maintenance wastewater provisions in 
Sec. 63.105(a) refer to ``organic HAPs,'' the definition of ``organic 
HAP'' in Sec. 63.1423 shall apply, for the purposes of this subpart.
    (2) When the term ``maintenance wastewater'' is used in the HON 
maintenance wastewater provisions in Sec. 63.105, the definition of 
``maintenance wastewater'' in Sec. 63.1423 shall apply, for the 
purposes of this subpart.
    (3) When the term ``wastewater'' is used in the HON maintenance 
wastewater provisions in Sec. 63.105, the definition of ``wastewater'' 
in Sec. 63.1423 shall apply, for the purposes of this subpart.
    (c) Compliance date. The compliance date for the affected source 
subject to the provisions of this section is specified in Sec. 63.1422.


Sec. 63.1434  Equipment leak provisions.

    (a) The owner or operator of each affected source shall comply with 
the HON equipment leak requirements in 40 CFR part 63, subpart H for 
all equipment in organic HAP service, except as specified in paragraphs 
(b) through (g) of this section.
    (b) The compliance date for the equipment leak provisions in this 
section is provided in Sec. 63.1422(d).
    (c) Affected sources subject to the HON equipment leak provisions 
in 40 CFR part 63, subpart I shall continue to comply with 40 CFR part 
63, subpart I until the compliance date specified in Sec. 63.1422. 
After the compliance date in Sec. 63.1422, the source shall be subject 
to this subpart (40 CFR part 63, subpart PPP), and shall no longer be 
subject to 40 CFR part 63, subpart I. However, sources subject to 40 
CFR part 63, subpart I that have elected to comply through a quality 
improvement program, as specified in the HON quality improvement plans 
for valves or pumps 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.
    (d) When the HON equipment leak Initial Notification requirements 
contained in Sec. 63.182(a)(1) and Sec. 63.182(b) are referred to in 40 
CFR part 63, subpart H, the owner or operator shall comply with the 
Initial Notification requirements contained in Sec. 63.1439(e)(3), for 
the purposes of this subpart. The Initial Notification shall be 
submitted no later than June 1, 2000 for existing sources, as stated in 
Sec. 63.1439(e)(3)(ii)(A).
    (e) The HON equipment leak 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. 63.1422 for the equipment leak provisions. The 
notification may be submitted as part of the Notification of Compliance 
Status required by Sec. 63.1439(e)(5).
    (f) The Periodic Reports required by Sec. 63.182(a)(3) and 
Sec. 63.182(d) may be submitted as part of the Periodic Reports 
required by Sec. 63.1439(e)(6).
    (g) 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 
PMPU within the affected source for all purposes under subpart H, 
providing there is no delay in achieving the applicable compliance 
date.
    (h) The phrase ``the provisions of subparts F, I, or PPP of this 
part'' shall apply instead of the phrase ``the provisions of subparts F 
or I of this part,'' and 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 PPP'' shall apply instead of the phrase ``subparts F and I'' in 
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.


Sec. 63.1435  Heat exchanger provisions.

    (a) 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 (b) through (e) of this section.
    (b) When the term ``chemical manufacturing process unit'' is used 
in Sec. 63.104, the term ``polyether polyols manufacturing process 
unit'' shall apply for the purposes of this subpart. Further, when the 
phrase ``a chemical manufacturing process unit meeting the conditions 
of Sec. 63.100(b)(1) through (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 
``PMPU, except for PMPU meeting the conditions specified in 
Sec. 63.1420(b)'' shall apply for the purposes of this subpart.
    (c) When the HON heat exchange system requirements in 
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 (iv) shall be 
kept as specified in the HON general compliance, reporting, and 
recordkeeping provisions in Sec. 63.103(c), the provisions of the 
general recordkeeping and reporting requirements in Sec. 63.1439(a) and 
the applicable provisions of the General Provisions in 40 CFR part 63, 
subpart A, as specified in Table 1 of this subpart, shall apply for the 
purposes of this subpart.
    (d) When the HON heat exchange system requirements in 
Sec. 63.104(f)(2) require information to be reported in the Periodic 
Reports required by the HON general reporting provisions in 
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 the general reporting requirements in Sec. 63.1439(e)(6), 
for the purposes of this subpart.
    (e) When the HON heat exchange system requirements in Sec. 63.104 
refer to Table 4 of 40 CFR part 63, subpart F or Table 9 of 40 CFR part 
63, subpart G, the owner or operator is only required to consider 
organic HAP listed in Table 4

[[Page 29470]]

of 40 CFR part 63, subpart F or 40 CFR part 63, Table 9 of subpart G 
that are also listed on Table 4 of this subpart, for the purposes of 
this subpart.


Sec. 63.1436  [Reserved]


Sec. 63.1437  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 (4) of this 
section and the additions specified in paragraph (b) of this section.
    (1) Performance tests shall be conducted according to the General 
Provisions' performance testing requirements in Sec. 63.7(e)(1) and 
(2), except that for all emission sources except process vents from 
batch unit operations, performance tests shall be conducted during 
maximum representative operating conditions for the process 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) or (iii) of this section to occur. For process vents from 
batch unit operations, performance tests shall be conducted at absolute 
worst-case conditions, as defined in Sec. 63.1426(c)(3)(i)(B), that are 
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) or (iii) 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. 63.1439(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 a product that does not meet an existing specification 
for sale to a customer; or necessitating that the owner or operator 
make a product in excess of demand.
    (iii) Causing plant or testing personnel to be subject to unsafe 
conditions. Owners or operators that limit testing based on this 
paragraph shall maintain documentation that demonstrates the nature of 
the unsafe conditions and explains measures considered by the owner or 
operator to overcome these conditions. If requested, this documentation 
shall be provided to the Administrator.
    (2) When the General Provisions' data analysis, recordkeeping, and 
reporting requirements in Sec. 63.7(g) refer to the Notification of 
Compliance Status requirements in Sec. 63.9(h), the Notification of 
Compliance Status requirements in Sec. 63.1439(e)(5) shall instead 
apply, for the purposes of this subpart.
    (3) Because the General Provisions' site-specific test plan in 
Sec. 63.7(c)(3) is not required, the General Provisions' requirement 
for the Administrator to approve or deny site-specific test plans, in 
Sec. 63.7(h)(4)(ii), is not applicable for the purposes of this 
subpart.
    (4) The owner or operator of an affected source shall provide the 
Administrator at least 30 days prior notice of any performance test, 
except as specified under other subparts, to afford the Administrator 
the opportunity to have an observer present. 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 source shall notify the 
Administrator (or delegated State or local agency) as soon as possible 
of any delay in the original test date, either by providing at least 7 
days prior notice of the rescheduled test date of the performance test, 
or by arranging a rescheduled date with the Administrator (or delegated 
State or local agency) by mutual agreement.
    (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.
    (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 (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 (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) of the General Provisions;
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6) of the General 
Provisions; 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) of the General Provisions, as 
appropriate.


Sec. 63.1438  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a combustion, recovery, or recapture 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 
combustion, recovery, or recapture 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 combustion, recovery, or recapture 
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. 63.1439(e)(4)(viii) for review and approval, as part 
of the Precompliance Report.
    (1) The owner or operator shall operate combustion, recovery, and 
recapture devices such that the daily average value of monitored 
parameters remains at or above the minimum established level, or 
remains at or below the maximum established level, except as otherwise 
provided in this subpart.
    (2) As specified in Sec. 63.1439(e)(5)(ii), 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 40 CFR part 63, subparts A, F, G, or H.
    (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

[[Page 29471]]

parameter monitoring level for a combustion, 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 paragraph (b)(1) or (2) of this section, 
as applicable.
    (1) Process vents from continuous unit operations. During initial 
compliance testing, the appropriate parameter shall be continuously 
monitored during the required 1-hour runs for process vents from 
continuous unit operations. The monitoring level(s) shall then be 
established as the average of the maximum (or minimum) point values 
from the three 1-hour 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.
    (2) Process vents from batch unit operations. For process vents 
from batch unit operations, during initial compliance testing, the 
appropriate parameter shall be monitored continuously during the entire 
test period. The monitoring level(s) shall be those established during 
from the compliance test.
    (c) Establishment of parameter monitoring levels based on 
performance tests, supplemented by engineering assessments and/or 
manufacturer's recommendations. Parameter monitoring levels established 
under this paragraph shall be based on the parameter values measured 
during the performance test supplemented by engineering assessments 
and/or manufacturer's recommendations. Performance testing is not 
required to be conducted over the entire range of expected parameter 
values. The information specified in paragraphs (c)(1) and (2) of this 
section shall be provided in the Notification of Compliance Status.
    (1) The specific level of the monitored parameter(s) for each 
emission point.
    (2) The rationale for the specific level for each parameter for 
each emission point, including any data and calculations used to 
develop the level and a description of why the level indicates proper 
operation of the combustion, recovery, or recapture device.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. If a performance 
test is not required by this subpart for a combustion, recovery, or 
recapture device, the maximum or minimum level may be based solely on 
engineering assessments and/or manufacturers' recommendations. As 
required in paragraph (a)(2) of this section, the determined level and 
all supporting documentation shall be provided in the Notification of 
Compliance Status.
    (e) Monitoring violations. (1) With the exception of excursions 
excused in accordance with paragraph (g) of this section, each 
excursion, as defined in paragraphs (f)(1)(i), (f)(2)(i)(A), 
(f)(2)(ii), (f)(3)(i), and (f)(4) of this section, constitutes a 
violation of the provisions of this subpart in accordance with 
paragraph (e)(1)(i), (ii), or (iii) of this section.
    (i) For each condenser, each excursion constitutes a violation of 
the emission limit.
    (ii) For each recovery or recapture device other than a condenser, 
where an organic monitoring device is used to monitor concentration, 
each excursion constitutes a violation of the emission limit.
    (iii) For each combustion, recovery, or recapture device other than 
a condenser, each excursion constitutes a violation of the operating 
limit.
    (2) With the exception of excursions excused in accordance with 
paragraph (g) of this section, each excursion, as defined in paragraphs 
(f)(1)(ii), (f)(1)(iii), (f)(2)(i)(B), and (f)(3)(ii) of this section 
constitutes a violation of the operating limit.
    (f) Parameter monitoring excursion definitions. Parameter 
monitoring excursions are defined in paragraphs (f)(1) through (3) of 
this section.
    (1) With respect to storage vessels (where the applicable 
monitoring plan specifies continuous monitoring), process vents from 
continuous unit operations using combustion, recovery, or recapture 
devices for purposes of compliance, and for process wastewater streams, 
an excursion means any of the three cases listed in paragraphs 
(f)(1)(i) through (iii) of this section.
    (i) The daily average value of one or more monitored parameters is 
above the maximum level or below the minimum level established for the 
given parameters.
    (ii) The period of combustion, recovery, or recapture 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) The period of combustion, recovery, or recapture 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 2 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.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (f)(1)(ii) and (iii) of this section, if 
measured values are unavailable due to monitoring system breakdowns, 
repairs, calibrated checks, or zero (low-level) and high level 
adjustments, for any of the 15-minute periods within the hour. For data 
compression systems approved under Sec. 63.1439(g)(3), monitoring data 
are insufficient to calculate a valid hour of data if there are less 
than four data measurements made during the hour.
    (v) The periods listed in paragraphs (f)(1)(v)(A) through (D) of 
this section are not considered to be part of the period of combustion, 
recovery, or recapture device operation, for the purposes of paragraphs 
(f)(1)(ii) and (iii) of this section.
    (A) Start-ups;
    (B) Shutdowns;
    (C) Malfunctions; or
    (D) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (2) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(f)(2)(i) or (ii) of this section, as applicable.
    (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)(2)(i)(A) or 
(B) of this section is considered a single excursion for the combustion 
device.
    (A) When the average value of one or more parameters, averaged over 
the time during which the storage vessel is being filled (i.e., when 
the liquid level in the storage vessel is being raised), 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, due to 
monitoring system breakdowns, repairs, calibration checks, or zero 
(low-level) and high-level adjustments, 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 
which the storage vessel is being filled.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and

[[Page 29472]]

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.
    (3) With respect to process vents from batch unit operations, an 
excursion means one of the two cases listed in paragraphs (f)(3)(i) and 
(ii) of this section.
    (i) When the daily average value of one or more monitored 
parameters is above the maximum or below the minimum established level 
for the given parameters.
    (ii) When monitoring data are insufficient for an operating day. 
Monitoring data shall be considered insufficient when measured values 
are not available, due to monitoring system breakdowns, repairs, 
calibration checks, or zero (low-level) and high-level adjustments, 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)(3)(ii)(A) through (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)(3)(ii)(B)(1) through (4) of this section from the total amount of 
time determined above in paragraph (f)(3)(ii)(A) of this section, to 
obtain the operating time used to determine if monitoring data are 
insufficient.
    (1) Start-ups;
    (2) Shutdowns;
    (3) Malfunctions; or
    (4) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (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)(3)(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)(3)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (4) With respect to process vents using ECO to reduce epoxide 
emissions, an excursion means any of the situations described in 
Sec. 63.1427(i)(3)(i) through (v). For each excursion, the owner or 
operator shall be deemed out of compliance with the provisions of this 
subpart, in accordance with paragraph (e) of this section, except as 
provided in paragraph (g) of this section.
    (g) Excused excursions. A number of excused excursions shall be 
allowed for each combustion, recovery, or recapture device for each 
semiannual period. The number of excused excursions for each semiannual 
period is specified in paragraphs (g)(1) through (6) of this section. 
This paragraph applies to affected sources required to submit Periodic 
Reports semiannually or quarterly. The first semiannual period is the 
6-month period starting the date the Notification of Compliance Status 
is due.
    (1) For the first semiannual period--six excused excursions.
    (2) For the second semiannual period--five excused excursions.
    (3) For the third semiannual period--four excused excursions.
    (4) For the fourth semiannual period--three excused excursions.
    (5) For the fifth semiannual period--two excused excursions.
    (6) For the sixth and all subsequent semiannual periods--one 
excused excursion.


Sec. 63.1439  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. 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. If an owner or operator submits 
copies of reports to the applicable 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 reports.
    (b) Subpart A requirements. The owner or operator of an affected 
source shall comply with the applicable recordkeeping and reporting 
requirements in 40 CFR part 63, subpart A (the General Provisions) as 
specified in Table 1 of this subpart. These requirements include, but 
are not limited to, the requirements specified in paragraphs (b)(1) and 
(2) of this section.
    (1) Start-up, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop and implement a written start-up, 
shutdown, and malfunction plan as specified in the General Provisions' 
requirements for a Startup, Shutdown, and Malfunction Plan 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 owner or 
operator of the affected source shall keep the start-up, shutdown, and 
malfunction plan on site. In addition, if the start-up, shutdown, and 
malfunction plan is revised, the owner or operator shall keep previous 
(i.e., superseded) versions of the start-up, shutdown, and malfunction 
plan for a period of 5 years after each revision to the plan. If the 
new version of the start-up, shutdown, and malfunction plan includes a 
provision for ceasing to collect, during a start-up, shutdown, or 
malfunction, monitoring data that would otherwise be required, the 
owner or operator shall submit a supplement to the Precompliance Report 
to the Administrator for the Administrator's approval, documenting that 
the monitoring system would be damaged or destroyed if it were not shut 
down during the start-up, shutdown, or malfunction. Records associated 
with the plan shall be kept as specified in paragraphs (b)(1)(i)(A) and 
(B) of this section. Reports related to the plan shall be submitted as 
specified in paragraph (b)(1)(ii) of this section.
    (i) The owner or operator shall keep the records specified in 
paragraphs (b)(1)(i)(A) and (B) of this section.
    (A) Records of the occurrence and duration of each start-up, 
shutdown,

[[Page 29473]]

and malfunction of operation of process equipment or combustion, 
recovery, or recapture devices or continuous monitoring systems used to 
comply with this subpart during which excess emissions (as defined in 
Sec. 63.1420(h)(4)) occur.
    (B) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.1420(h)(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 combustion, recovery, or recapture device to a backup 
combustion, recovery, or recapture 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.
    (ii) 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 according to the General Provisions' Periodic 
Reporting schedule specified in Sec. 63.10(d)(5)(i). The reports shall 
include the information specified in paragraphs (b)(1)(i)(A) and (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, the owner or operator shall comply with the 
General Provisions' requirements for the application for approval of 
construction or reconstruction, as specified in Sec. 63.5, excluding 
the provisions specified in Sec. 63.5(d)(1)(ii)(H), (d)(1)(iii), 
(d)(2), and (d)(3)(ii).
    (c) Subpart H requirements. The owner or operator of an affected 
source shall comply with the HON equipment leak reporting and 
recordkeeping requirements in 40 CFR part 63, subpart H, except as 
specified in Sec. 63.1434(b) through (g).
    (d) Recordkeeping and documentation. The owner or operator required 
to keep continuous records shall keep records as specified in 
paragraphs (d)(1) through (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. 63.1432(i) requires continuous records, the monitoring plan shall 
specify which provisions, if any, of paragraphs (d)(1) through (7) of 
this section apply. As described in Sec. 63.1432(i), certain storage 
vessels are not required to keep continuous records as specified in 
this paragraph. The owner or operator of such storage vessels shall 
keep records as specified in the monitoring plan required by 
Sec. 63.1432(i).
    (1) The monitoring system shall measure data values at least once 
during approximately equal 15-minute intervals.
    (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. The owner or operator of 
process vents from batch unit operations shall record each measured 
data value.
    (3) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day as specified in paragraphs 
(d)(3)(i) through (ii) of this section, except as specified in 
paragraphs (d)(6) and (7) of this section.
    (i) The daily average value 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. The calculated average 
shall cover a 24-hour period if operation is continuous. If 
intermittent emissions episodes occur resulting in emissions being 
vented to a combustion, recapture, or recovery device for a period of 
less than 24 hours in the operating day, the daily average shall be 
calculated based only on the period when emissions are being vented to 
the combustion, recapture, or recovery device. For example, if a batch 
unit operation operates such that emissions are vented to a combustion 
device for 6 hours, then the daily average is the average of the 
temperature measurements taken during those 6 hours.
    (ii) The operating day shall be the 24-hour period that the owner 
or operator specifies in the operating permit or the Notification of 
Compliance Status, for purposes of determining daily average values.
    (4) [Reserved]
    (5) [Reserved]
    (6) 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 for that operating day.
    (7) Monitoring data recorded during periods identified in 
paragraphs (d)(7)(i) through (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 combustion, recovery, or recapture 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 of 
recordkeeping or reporting requirements under the General Provisions' 
recordkeeping and reporting requirements in 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 40 CFR part 63, subpart A, as specified in 
this subpart, the owner or operator of an affected source shall prepare 
and submit the reports listed in paragraphs (e)(3) through (8) of this 
section, as applicable. All reports required by this subpart, and the 
schedule for their submittal, are listed in Table 8 of this subpart.
    (1) Violation of reporting requirements. Owners and operators shall 
not be in violation of the reporting requirements of this paragraph (e) 
for failing to submit information required to

[[Page 29474]]

be included in a specified report if the owner or operator meets the 
requirements in paragraphs (e)(1)(i) through (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.
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (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 the State operating permit programs in 
part 70 or the Federal operating permit programs in 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 (B) of 
this section, the owner or operator shall submit the information with 
the first Periodic Report, as required by this subpart, which has a 
submission deadline at least 60 days after the information is obtained.
    (2) Submittal of reports. All reports required under this subpart 
shall be sent to the Administrator at the applicable address listed in 
the General Provisions' list of addresses of State air pollution 
control agencies and EPA Regional Offices, 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) Initial Notification. The owner or operator of an existing or 
new affected source shall submit a written Initial Notification to the 
Administrator, containing the information described in paragraph 
(e)(3)(i) of this section, according to the schedule in paragraph 
(e)(3)(ii) of this section. The General Provisions' Initial 
Notification requirements in Sec. 63.9(b)(2), (3), and (6) shall not 
apply, for the purposes of this subpart.
    (i) The Initial Notification shall include the following 
information:
    (A) The name and address of the owner or operator;
    (B) The address (physical location) of the affected source;
    (C) An identification of the kinds of emission points within the 
affected source;
    (D) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date; and
    (E) A statement of whether or not the affected source is a major 
source.
    (ii) The Initial Notification shall be submitted according to the 
schedule in paragraph (e)(3)(ii)(A), (B), or (C) of this section, as 
applicable.
    (A) For an existing source, the Initial Notification shall be 
submitted no later than June 1, 2000.
    (B) For a new source that has an initial start-up on or after 
August 30, 1999, the application for approval of construction or 
reconstruction required by the General Provisions in Sec. 63.5(d) shall 
be submitted in lieu of the Initial Notification. The application shall 
be submitted as soon as practical before construction or reconstruction 
is planned to commence (but it need not be sooner than August 30, 
1999).
    (C) For a new source that has an initial start-up prior to August 
30, 1999, the Initial Notification shall be submitted no later than 
August 30, 1999. The application for approval of construction or 
reconstruction described in the General Provisions' requirements in 
Sec. 63.5(d) is not required for these sources.
    (4) Precompliance Report. The owner or operator of an affected 
source requesting an extension for compliance; requesting approval to 
use alternative monitoring parameters, alternative continuous 
monitoring and recordkeeping, or alternative controls; 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. 63.1420(h)(3); or requesting approval to establish parameter 
monitoring levels according to the procedures contained in 
Sec. 63.1438(c) or (d) shall submit a Precompliance Report according to 
the schedule described in paragraph (e)(4)(i) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (e)(4)(ii) through (viii) of this section, as appropriate.
    (i) 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)(4)(vii) of this section.
    (ii) A request for an extension for compliance, as specified in 
Sec. 63.1422(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
the General Provisions' compliance requirements in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1422(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 40 CFR part 63, subpart G, or seeks to comply by 
monitoring a different parameter than those specified in this subpart 
or in 40 CFR part 63, subpart G.
    (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 the General Provisions' requirements 
for use of an alternative nonopacity emission standard, in 
Sec. 63.6(g).
    (vi) 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)(4)(vi)(A) and

[[Page 29475]]

(B) of this section 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.
    (vii) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (e)(4)(vii)(A) of this section, or as specified 
in paragraph (e)(4)(vii)(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)(4)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(4)(iv) of 
this section; to use alternative controls, as specified in paragraph 
(e)(4)(v) 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)(4)(vi) of this section.
    (viii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in the parameter 
monitoring provisions in Sec. 63.1438(c) or (d), the following 
information shall be submitted in the Precompliance Report:
    (A) Identification of which procedures (i.e., Sec. 63.1438(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. 63.1438(c) are to be used, a 
description of how performance test data will be used shall be 
included.
    (5) Notification of Compliance Status. For existing and new 
affected sources, a Notification of Compliance Status shall be 
submitted within 150 days after the compliance dates specified in 
Sec. 63.1422. For equipment leaks subject to Sec. 63.1434, the owner or 
operator shall submit the information specified in the HON equipment 
leak Notification of Compliance Status requirements in Sec. 63.182(c), 
in the Notification of Compliance Status required by this paragraph. 
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 (vii) of this section.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
continuous monitoring system performance evaluations, any other 
information required by the test method to be in the test report used 
to demonstrate compliance, values of monitored parameters established 
during performance tests, and any other information required to be 
included in a Notification of Compliance Status under the requirements 
for overlapping regulations in Sec. 63.1422(j), the HON storage vessel 
reporting provisions in Sec. 63.122 and the storage vessel provisions 
in Sec. 63.1432, and the HON process wastewater reporting provisions in 
Sec. 63.146. In addition, the owner or operator shall comply with 
paragraphs (e)(5)(i)(A) and (B) of this section.
    (A) For performance tests, group determinations, or determination 
that controls are needed, 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 required by the test method to be in the test 
report shall be submitted, but a complete test report is not required.
    (B) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards (if the owner or operator 
prepares the standards), record of calibrations, raw data sheets for 
field sampling, raw data sheets for field and laboratory analyses, 
documentation of calculations, and any other information required by 
the test method to be in the test report.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under the HON process vent 
monitoring requirements in Sec. 63.114(e) and the process vent 
monitoring requirements in Sec. 63.1429(d), the HON process wastewater 
parameter monitoring requirements in Sec. 63.143(f), paragraph (e)(8) 
of this section, or paragraph (f) of this section, the information 
specified in paragraphs (e)(5)(ii)(A) through (C) of this section shall 
be submitted. Further, as described in the storage vessel provisions in 
Sec. 63.1432(k), for those storage vessels for which the parameter 
monitoring plan (required to be submitted under the HON Notification of 
Compliance Status requirements for storage vessels in 
Sec. 63.120(d)(3)) specifies compliance with the parameter monitoring 
provisions of Sec. 63.1438, the owner or operator shall provide the 
information specified in paragraphs (e)(5)(ii)(A) through (C) of this 
section for each monitoring parameter. For those storage vessels for 
which the parameter monitoring plan required to be submitted under the 
HON Notification of Compliance Status requirements for storage vessels 
in Sec. 63.120(d)(2) does not require compliance with the provisions of 
Sec. 63.1438, the owner or operator shall provide the information 
specified in Sec. 63.120(d)(3) as part of the Notification of 
Compliance Status.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level 
and a description of why the level indicates that the combustion, 
recovery, or recapture device is operated in a manner to ensure 
compliance with the provisions of this subpart.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) 
of this section, for purposes of determining daily average values of 
monitored parameters.
    (iii) The determination of applicability for flexible operation 
units as specified in Sec. 63.1420(e)(1)(iii).
    (iv) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in 
Sec. 63.1420(e)(7).

[[Page 29476]]

    (v) The results for each predominant use determination made under 
Sec. 63.1420(f)(1) through (7), for storage vessels assigned to an 
affected source subject to this subpart.
    (vi) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.1422(j), and if the provisions of 
Sec. 63.1422(j) 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.
    (vii) An owner or operator who transfers a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream for 
treatment pursuant to Sec. 63.132(g) shall include in the Notification 
of Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (viii) of this section. In addition, for 
equipment leaks subject to Sec. 63.1434, the owner or operator shall 
submit the information specified in the HON periodic reporting 
requirements in Sec. 63.182(d), and for heat exchange systems subject 
to Sec. 63.1434, the owner or operator shall submit the information 
specified in the HON heat exchange system reporting requirements in 
Sec. 63.104(f)(2), as part of the Periodic Report required by this 
paragraph (e)(6).
    (i) Except as specified in paragraphs (e)(6)(viii) of this section, 
a report containing the information in paragraph (e)(6)(ii) of this 
section or paragraphs (e)(6)(iii) through (vii) of this section, as 
appropriate, shall be submitted semiannually no later than 60 days 
after the end of each 180-day period. The first report shall be 
submitted no later than 240 days after the date the Notification of 
Compliance Status is due and shall cover the 6-month period beginning 
on the date the Notification of Compliance Status is due. Subsequent 
reports shall cover each preceding 6-month period.
    (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) 
through (vii) 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 
(vii) of this section occurred during the period covered by that 
report.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Secs. 63.1432 through 63.1433 for any emission point, 
Periodic Reports shall include:
    (A) All information specified in the HON periodic reporting 
requirements in Sec. 63.122(a)(4) for storage vessels and in 
Sec. 63.146(c) through Sec. 63.146(f) for process wastewater.
    (B) The daily average values of monitored parameters for all 
excursions, as defined in Sec. 63.1438(f).
    (C) The periods when monitoring data were not collected shall be 
specified; and
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through (3) of 
this section, as applicable:
    (1) 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.
    (2) Notification if one or more emission points (other than 
equipment leak components subject to Sec. 63.1434), or one or more PMPU 
is added to an affected source. The owner or operator shall submit the 
information contained in paragraphs (e)(6)(iii)(D)(2)(i) and (ii) of 
this section.
    (i) A description of the addition to the affected source.
    (ii) Notification of the group status or control requirement for 
the additional emission point or all emission points in the PMPU.
    (3) For process wastewater streams sent for treatment pursuant to 
Sec. 63.132(g), reports of changes in the identity of the treatment 
facility or transferee.
    (E) The information in paragraph (b)(1)(ii) of this section for 
reports of start-up, shutdown, and malfunction.
    (iv) If any performance tests are reported in a Periodic Report, 
the following information shall be included:
    (A) One complete test report shall be submitted for each test 
method used for a particular kind of emission point tested. A complete 
test report shall contain the information specified in paragraph 
(e)(5)(i)(B) of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
by the test method to be in the test report shall be submitted, but a 
complete test report is not required.
    (v) The results for each change made to a primary product 
determination for a PMPU made under Sec. 63.1420(e)(3) or (10).
    (vi) The results for each reevaluation of the applicability of this 
subpart to a storage vessel that begins receiving material from (or 
sending material to) a process unit that was not included in the 
initial determination, or a storage vessel that ceases to receive 
material from (or send material to) a process unit that was included in 
the initial determination, in accordance with Sec. 63.1420(f)(8).
    (vii) The Periodic Report required by the equipment leak provisions 
in Sec. 63.1434(f) shall be submitted as part of the Periodic Report 
required by paragraph (e)(6) of this section.
    (viii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
as specified in paragraphs (e)(6)(viii)(A) through (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 if the emission point or process section meets the 
conditions in paragraph (e)(6)(viii)(A)(1) or (2) of this section.
    (1) A combustion, recovery, or recapture device for a particular 
emission point or process section has more excursions, as defined in 
Sec. 63.1438(f), than the number of excused excursions allowed under 
Sec. 63.1438(g) for a semiannual reporting period; or
    (2) The Administrator requests the owner or operator to submit 
quarterly reports for that emission point or process section.
    (B) The quarterly reports shall include all information specified 
in paragraphs (e)(6)(iii) through (vii) of this section, as applicable 
to the emission point or process section for which quarterly reporting 
is required under paragraph (e)(6)(viii)(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

[[Page 29477]]

(during that year) than the number of excused excursions allowed under 
Sec. 63.1438(g), the owner or operator may return to semiannual 
reporting for the emission point or process section.
    (7) Other reports. The notifications of inspections required by the 
storage vessel provisions in Sec. 63.1432 shall be submitted, as 
specified in the HON storage vessel provisions in Sec. 63.122(h)(1) and 
(2), and in paragraphs (e)(7)(i) and (ii) of this section.
    (i) When the conditions in the HON storage vessel provisions in 
Secs. 63.1420(e)(3)(i) or 63.1420(e)(4)(i) are met, reports of changes 
to the primary product for a PMPU or process unit, as required by 
Sec. 63.1420(e)(3)(ii) or Sec. 63.1420(g)(3), respectively, shall be 
submitted.
    (ii) Owners or operators of PMPU or emission points (other than 
equipment leak components subject to Sec. 63.1434) that are subject to 
provisions for changes or additions to plant sites in 
Sec. 63.1420(g)(1) or (2) shall submit a report as specified in 
paragraphs (e)(7)(ii)(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. 63.1420(g)(1) or (2); and
    (3) Identification of the group status of emission points (except 
equipment leak components subject to the requirements in Sec. 63.1434) 
specified in paragraphs (e)(7)(ii)(A)(3)(i) through (iii) of this 
section, as applicable.
    (i) All the emission points in the added PMPU, as described in 
Sec. 63.1420(g)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.1420(g)(2)(i).
    (iii) All the added or created emission points as described in 
Sec. 63.1420(g)(2)(ii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, or wishes to establish parameter 
monitoring levels according to the procedures contained in 
Sec. 63.1438(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(ii)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(ii)(B)(1) through (3) of this section, as appropriate.
    (1) Owners or operators of an added PMPU subject to 
Sec. 63.1420(g)(1) shall submit a report no later than 180 days prior 
to the compliance date for the PMPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.1420(g)(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. 63.1434) subject to 
Sec. 63.1420(g)(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 a Precompliance Report shall 
submit the information specified in paragraph (e)(4) of this section, 
as applicable, with the operating permit application.
    (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 specifically 
references this paragraph to set unique monitoring parameters, or who 
requests approval to monitor a different parameter than those listed in 
Sec. 63.1432 for storage vessels, Sec. 63.1427 for ECO, Sec. 63.1429 
for process vents, or Sec. 63.143 for process wastewater shall submit 
the information specified in paragraphs (f)(1) through (3) of this 
section in the Precompliance Report, as required by paragraph (e)(4) of 
this section. The owner or operator shall retain for a period of 5 
years each record required by paragraphs (f)(1) through (3) of this 
section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the combustion, recovery, or 
recapture device; control technique; or pollution prevention measure is 
operated in conformance with its design and achieves the specified 
emission limit, percent reduction, or nominal efficiency, and an 
explanation of the criteria used to select the parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will 
establish a level for the monitored parameter as part of the 
Notification of Compliance Status report required in paragraph (e)(5) 
of this section, unless this information has already been included in 
the operating permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include 
the frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the 
maximum level or below the minimum level as established in the 
operating permit or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner 
or operator choosing not to implement the continuous parameter 
operating and recordkeeping provisions listed in Sec. 63.1429 for 
process vents, and Sec. 63.1433 for wastewater, may instead request 
approval to use alternative continuous monitoring and recordkeeping 
provisions according to the procedures specified in paragraphs (g)(1) 
through (4) of this section. Requests shall be submitted in the 
Precompliance Report as specified in paragraph (e)(4)(iv) of this 
section, and shall contain the information specified in paragraphs 
(g)(2)(ii) and (g)(3)(ii) of this section, as applicable.
    (1) The provisions in the General Provisions requirements for the 
use of an alternative monitoring method in Sec. 63.8(f)(5)(i) shall 
govern the review and approval of requests.
    (2) An owner or operator of an affected source that does not have 
an automated monitoring and recording system capable of measuring 
parameter values at least once during approximately equal 15-minute 
intervals and that does not generate continuous records may request 
approval to use a nonautomated system with less frequent monitoring, in 
accordance with paragraphs (g)(2)(i) and (ii) of this section.
    (i) The requested system shall include visual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily averages shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration that the proposed monitoring frequency is 
sufficient to represent combustion, recovery, or

[[Page 29478]]

recapture device operating conditions, considering typical variability 
of the specific process and combustion, recovery, or recapture device 
operating parameter being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once at 
approximately equal intervals of about 15 minutes), but that records 
all values that meet set criteria for variation from previously 
recorded values, in accordance with paragraphs (g)(3)(i) and (ii) of 
this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once during 
approximately equal 15-minute intervals;
    (B) Record at least four values each hour during periods of 
operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average values of the monitored operating 
parameter based on all measured data; and
    (F) If the daily average is not an excursion, as defined in 
Sec. 63.1438(f), the data for that operating day may be converted to 
hourly average values and the four or more individual records for each 
hour in the operating day may be discarded.
    (ii) The request shall contain:
    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
the General Provisions' requirements for using an alternative 
monitoring method 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 (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 (2) of this section.
    (1) The owner or operator may retain only the 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 (iv) 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 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.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than start-ups, 
shutdowns or malfunctions (e.g., a temperature reading of -200 deg.C on 
a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single 
occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this running average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (h)(1)(ii)(A) through (C) of this section. All instances in 
an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than start-ups, shutdowns or 
malfunctions, except in circumstances where the presence of unchanging 
data are the expected operating condition based on past experience 
(e.g., pH in some scrubbers), and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in an operating day constitute a 
single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that 
is being monitored.
    (v) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraph (h)(1) of this section, at the times 
specified in paragraphs (h)(1)(v)(A) through (C) of this section. The 
owner or operator shall document that the required verifications 
occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (D) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (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 specified 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 affect its ability to 
comply with the requirements of paragraph (h)(1) of this section.
    (D) The owner or operator 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

[[Page 29479]]

at least 6 months after their creation. Thereafter, superseded 
descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no 
longer required to record the daily average value, for any operating 
day when the daily average is less than the maximum, or greater than 
the minimum established limit. With approval by the Administrator, 
monitoring data generated prior to the compliance date of this subpart 
shall be credited toward the period of 6 consecutive months, if the 
parameter limit and the monitoring accomplished during the period prior 
to the compliance date was required and/or approved by the 
Administrator.
    (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the 
next Periodic Report. The notification shall identify the parameter and 
unit of equipment.
    (ii) If, on any operating day after the owner or operator has 
ceased recording daily average values as provided in paragraph (h)(2) 
of this section, there is an excursion as defined in paragraph 
(h)(2)(iv) of this section, the owner or operator shall immediately 
resume retaining the daily average value for each operating day and 
shall notify the Administrator in the next Periodic Report. The owner 
or operator shall continue to retain each daily average value until 
another period of 6 consecutive months has passed without an excursion 
as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraph (h)(1) 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 (iv) of this section does not result 
in retention of a record of at least one occurrence or measured 
parameter value, the owner or operator shall record and retain at least 
one parameter value during a period of operation other than a start-up, 
shutdown, or malfunction.
    (iv) For the purposes of paragraph (h) of this section, an 
excursion means that the daily average of monitoring data for a 
parameter is greater than the maximum, or less than the minimum 
established value, except as provided in paragraphs (h)(2)(iv)(A) and 
(B) of this section.
    (A) The 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 the General Provisions in Sec. 63.6(e)(3).
    (B) An excused excursion, as described in Sec. 63.1438(g), shall 
not be considered an excursion for the purposes of paragraph (h)(2) of 
this section.

 Table 1 to Subpart PPP of Part 63.--Applicability of General Provisions
                     To Subpart PPP Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart PPP          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes..............  Sec.  63.1423
                                                    specifies
                                                    definitions in
                                                    addition to or that
                                                    apply instead of
                                                    definitions in Sec.
                                                    63.2.
63.1(a)(2)....................  Yes..............
63.1(a)(3)....................  Yes..............  Sec.  63.1422(f)
                                                    through (k) of this
                                                    subpart and Sec.
                                                    63.160(b) identify
                                                    those standards
                                                    which overlap with
                                                    the requirements of
                                                    subparts PPP and H
                                                    and specify how
                                                    compliance shall be
                                                    achieved.
63.1(a)(4)....................  Yes..............  Subpart PPP (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    PPP.
63.1(a)(5)....................  No...............  Reserved.
63.1(a)(6)-(8)................  Yes..............
63.1(a)(9)....................  No...............  Reserved.
63.1(a)(10)...................  Yes..............
63.1(a)(11)...................  Yes..............
63.1(a)(12)-(14)..............  Yes..............
63.1(b)(1)....................  No...............  Sec.  63.1420(a)
                                                    contains specific
                                                    applicability
                                                    criteria.
63.1(b)(2)....................  Yes..............
63.1(b)(3)....................  Yes..............
63.1(c)(1)....................  Yes..............  Subpart PPP (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    PPP.
63.1(c)(2)....................  No...............  Area sources are not
                                                    subject to subpart
                                                    PPP.
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
                                                    overridden by this
                                                    table.
63.1(d).......................  No...............  Reserved.
63.1(e).......................  Yes..............
63.2..........................  Yes..............  Sec.  63.1423
                                                    specifies those
                                                    subpart A
                                                    definitions that
                                                    apply to subpart
                                                    PPP.
63.3..........................  Yes..............
63.4(a)(1)-(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.
                                                    63.1420(g) defines
                                                    when construction or
                                                    reconstruction is
                                                    subject to new
                                                    source standards.

[[Page 29480]]

 
63.5(b)(2)....................  No...............  Reserved.
63.5(b)(3)....................  Yes..............
63.5(b)(4)....................  Yes..............  Except that the
                                                    Initial Notification
                                                    requirements in Sec.
                                                     63.1439(e)(3) shall
                                                    apply instead of the
                                                    requirements in Sec.
                                                     63.9(b).
63.5(b)(5)....................  Yes..............
 63.5(b)(6)...................  Yes..............  Except that Sec.
                                                    63.1420(g) defines
                                                    when construction or
                                                    reconstruction is
                                                    subject to the new
                                                    source standards.
63.5(c).......................  No...............  Reserved.
63.5(d)(1)(i).................  Yes..............
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.  63.1439(e)(5)
                                                    and Sec.  63.1434(e)
                                                    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.
                                                    63.1434 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.  63.1422
                                                    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.a
63.6(e)(1)(i).................  No...............  This is addressed by
                                                    Sec.  63.1420(h)(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.
                                                    63.1434), the start-
                                                    up, shutdown, and
                                                    malfunction plan
                                                    requirement of Sec.
                                                    63.6(e)(3)(i) is
                                                    limited to
                                                    combustion,
                                                    recovery, or
                                                    recapture 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)..............  Yes..............  This is also
                                                    addressed by Sec.
                                                    63.1420(h)(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.
                                                    63.1439(b)(1).
63.6(e)(3)(iv)................  No...............  Recordkeeping and
                                                    reporting are
                                                    specified in Sec.
                                                    63.1439(b)(1).
63.6(e)(3)(v).................  No...............  Requirement is
                                                    specified in Sec.
                                                    63.1439(b)(1).
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.
                                                     63.1420(i)(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.
                                                    63.1434.
63.6(f)(3)....................  Yes..............
63.6(g).......................  Yes..............
63.6(h).......................  No...............  Subpart PPP 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.  63.1422(e)
                                                    and Sec.
                                                    63.1439(e)(4)(i) for
                                                    all emission points
                                                    except equipment
                                                    leaks, which are
                                                    covered under Sec.
                                                    63.182(a)(6)(i).

[[Page 29481]]

 
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.  63.1439(e)(5)
                                                    and Sec.
                                                    63.1439(e)(6)
                                                    specify 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.  63.1437(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
                                                    during worst case
                                                    operating
                                                    conditions.
63.7(e)(2)....................  Yes..............
63.7(e)(3)....................  No...............  Subpart PPP specifies
                                                    requirements.
63.7(e)(4)....................  Yes..............
63.7(f).......................  Yes..............  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
                                                    tide to the site
                                                    specific test plan.
63.7(g).......................  Yes..............  Except that
                                                    references to the
                                                    Notification of
                                                    Compliance Status
                                                    report in Sec.
                                                    63.9(h) are replaced
                                                    with the
                                                    requirements in Sec.
                                                     63.1439(e)(5). In
                                                    addition, equipment
                                                    leaks subject to
                                                    Sec.  63.1434 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...............  Support PPP 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.
                                                    63.1439(b)(1)(i)(B);
                                                    for equipment leaks,
                                                    comply with Sec.
                                                    63.181(g)(2)(ii).
63.8(c)(1)(iii)...............  Yes..............
63.8(c)(2)....................  Yes..............
63.8(c)(3)....................  Yes..............
63.8(c)(4)....................  No...............  Sec.  63.1438
                                                    specifies monitoring
                                                    requirements; not
                                                    applicable to
                                                    equipment leaks,
                                                    because Sec.
                                                    63.1434 does not
                                                    require continuous
                                                    monitoring systems.
63.8(c)(5)-(8)................  No...............
63.8(d).......................  No...............
63.8(e).......................  No...............
63.8(f)(1)-(3)................  Yes..............
63.8(f)(4)(i).................  Yes..............  Except the timeframe
                                                    for submitting
                                                    request is specified
                                                    in Sec.  63.1439(f)
                                                    or (g); not
                                                    applicable to
                                                    equipment leaks,
                                                    because Sec.
                                                    63.1434 (through
                                                    subpart H) specifies
                                                    acceptable
                                                    alternative methods.
63.8(f)(4)(ii)................  Yes..............
63.8(f)(4)(iii)...............  Yes..............
63.8(f)(5)(i).................  Yes..............
63.8(f)(5)(ii)................  No...............
63.8(f)(5)(iii)...............  Yes..............
63.8(f)(6)....................  No...............  Subpart PPP does not
                                                    require CEM's.
63.8(g).......................  No...............  Data reduction
                                                    procedures specified
                                                    in Sec.  63.1439(d)
                                                    and (h); not
                                                    applicable to
                                                    equipment leaks.
63.9(a).......................  Yes..............
63.9(b).......................  No...............  The Initial
                                                    Notification
                                                    requirements are
                                                    specified in Sec.
                                                    63.1439(e)(3).
63.9(c).......................  Yes..............
63.9(d).......................  Yes..............
63.9(e).......................  No...............  Sec.  63.1437(a)(4)
                                                    specifies
                                                    notification
                                                    deadline.
63.9(f).......................  No...............  Subpart PPP does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.9(g).......................  No...............
63.9(h).......................  No...............  Sec.  63.1439(e)(5)
                                                    specifies
                                                    Notification of
                                                    Compliance Status
                                                    requirements.
63.9(i).......................  Yes..............
63.9(j).......................  No...............
63.10(a)......................  Yes..............

[[Page 29482]]

 
63.10(b)(1)...................  No...............  Sec.  63.1439(a)
                                                    specifies record
                                                    retention
                                                    requirements.
63.10(b)(2)...................  No...............  Subpart PPP specifies
                                                    recordkeeping
                                                    requirements.
63.10(b)(3)...................  Yes..............
63.10(c)......................  No...............  Sec.  63.1439
                                                    specifies
                                                    recordkeeping
                                                    requirements.
63.10(d)(1)...................  Yes..............
63.10(d)(2)...................  No...............  Sec.  63.1439(e)(5)
                                                    and Sec.
                                                    63.1439(e)(6)
                                                    specify performance
                                                    test reporting
                                                    requirements; not
                                                    applicable to
                                                    equipment leaks.
63.10(d)(3)...................  No...............  Subpart PPP 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) shall
                                                    be submitted at the
                                                    same time as
                                                    Periodic Reports
                                                    specified in Sec.
                                                    63.1439(e)(6). The
                                                    start-up, shutdown,
                                                    and malfunction
                                                    plan, and any
                                                    records or reports
                                                    of start-up,
                                                    shutdown, and
                                                    malfunction do not
                                                    apply to Group 2
                                                    emission points.
63.10(e)......................  No...............  Sec.  63.1439
                                                    specifies reporting
                                                    requirements.
63.10(f)......................  Yes..............
63.11.........................  Yes..............
63.12.........................  Yes..............  Except that 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.


  Table 2 to Subpart PPP of Part 63.--Applicability of Subparts F, G, H, and U to Subpart PPP Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                                           Applicable section of
             Reference                Applies to subpart PPP          Explanation               subpart PPP
----------------------------------------------------------------------------------------------------------------
Subpart F:
    63.100.........................  No.....................
    63.101.........................  Yes....................  Several definitions from     63.1423.
                                                               63.101 are referenced at
                                                               63.1423.
    63.102-63.103..................  No.....................
    63.104.........................  Yes....................  With the differences noted   63.1435.
                                                               in 63.1435(b) through (d).
    63.105.........................  Yes....................  With the differences noted   63.1433.
                                                               in 63.1433(b).
    63.106.........................  No.....................
Subpart G:
    63.110.........................  No.....................
    63.111.........................  Yes....................  Several definitions from     63.1423.
                                                               63.111 are incorporated by
                                                               reference into 63.1423.
    63.112.........................  No.....................
    63.113-63.118..................  Yes....................  For THF facilities, with     63.1425.
                                                               the differences noted in
                                                               63.1425(f)(1) through
                                                               (f)(10).
                                     No.....................  For epoxide facilities,      63.1428.
                                                               except that 63.115(d) is
                                                               used for TRE
                                                               determinations.
    63.119-63.123..................  Yes....................  With the differences noted   63.1432.
                                                               in 63.1432(b) through
                                                               63.1432(p).
    63.124-63.125..................  No.....................  Reserved...................
    63.126-63.130..................  No.....................
    63.131.........................  No.....................  Reserved...................
    63.132-63.147..................  Yes....................  With the differences noted   63.1433.
                                                               in 63.1433(a)(1) through
                                                               63.1433(a)(19).
    63.148-63.149..................  Yes....................  With the differences noted   63.1432 and 63.1433.
                                                               in 63.1432(b) through
                                                               63.1432(p) and
                                                               63.1433(a)(1) through
                                                               63.1433(a)(19).
    63.150.........................  No.....................
    63.151-63.152..................  No.....................
Subpart H:
    63.160-63.182..................  Yes....................  Subpart PPP affected         63.1434.
                                                               sources shall comply with
                                                               all requirements of
                                                               subpart H, with the
                                                               differences noted in
                                                               63.1422(d), 63.1422(h),
                                                               and 63.1434(b) through (g).
Subpart U:
    63.480-63.487..................  No.....................
    63.488.........................  Yes....................  Portions of 63.488(b) and
                                                               (e) are cross-referenced
                                                               in subpart PPP..
    63.489-63.506..................  No.....................
----------------------------------------------------------------------------------------------------------------


[[Page 29483]]


 Table 3 to Subpart PPP of Part 63.--Group 1 Storage Vessels at Existing
                        and New Affected Sources
------------------------------------------------------------------------
                                                        Vapor Pressure a
           Vessel capacity  (cubic meters)               (kilopascals)
------------------------------------------------------------------------
75  capacity < 151........................    13.1
  capacity  151...........................    5.2
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage
  temperature.


   Table 4 to Subpart PPP of Part 63--Known Organic Hap From Polyether
                             Polyol Products
------------------------------------------------------------------------
                  Organic HAP/Chemical Name  (CAS No.)
-------------------------------------------------------------------------
                         1,3 Butadiene (106990)
                         Ethylene Oxide (75218)
                            n-Hexane (110543)
                            Methanol (67561)
                         Propylene Oxide (75569)
                            Toluene (108883)
------------------------------------------------------------------------
CAS No. = Chemical Abstracts Service Registry Number


    Table 5 to Subpart PPP of Part 63.--Process Vents From Batch Unit
    Operations--Monitoring, Recordkeeping, and Reporting Requirements
------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameter to be         reporting
       Control technique            monitored         requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal Incinerator...........  Firebox            1. Continuous records
                                 temperature a.     as specified in Sec.
                                                     63.1429.b
                                                   2. Record and report
                                                    the average firebox
                                                    temperature measured
                                                    during the
                                                    performance test--
                                                    NCS.c
 
                                                   3. Record the daily
                                                    average firebox
                                                    temperature as
                                                    specified in Sec.
                                                    63.1429.
 
                                                   4. Report all daily
                                                    average temperatures
                                                    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
Catalytic Incinerator.........  Temperature        1. Continuous records
                                 upstream and       as specified in Sec.
                                 downstream of       63.1429.b
                                 the catalyst 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 daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    catalyst bed as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are below the
                                                    minimum upstream
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are below the
                                                    minimum difference
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
                                                   6. Report all
                                                    instances when
                                                    monitoring data are
                                                    not collected.e
Boiler or Process Heater with   Firebox            1. Continuous records
 a design heat input capacity    temperature a.     as specified in Sec.
 less than 44 megawatts and                          63.1429.b
 where the process vents are                       2. Record and report
 not introduced with or used                        the average firebox
 as the primary fuel.                               temperature measured
                                                    during the
                                                    performance test--
                                                    NCS c
                                                   3. Record the daily
                                                    average firebox
                                                    temperature as
                                                    specified in Sec.
                                                    63.1429.d
                                                   4. Report all daily
                                                    average temperatures
                                                    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
Flare.........................  Presence of a      1. Hourly records of
                                 flame at the       whether the monitor
                                 pilot light.       was 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
Absorber f....................  Liquid flow rate   1. Records every 15
                                 into or out of     minutes, as
                                 the scrubber, or   specified in Sec.
                                 the pressure       63.1429.b
                                 drop across the   2. Record and report
                                 scrubber.          the average liquid
                                                    flow rate into or
                                                    out of the scrubber,
                                                    or the pressure drop
                                                    across the scrubber,
                                                    measured during the
                                                    performance test--
                                                    NCS.

[[Page 29484]]

 
                                                   3. Record the liquid
                                                    flow rate into or
                                                    out of the scrubber,
                                                    or the pressure drop
                                                    across the scrubber,
                                                    every 15 minutes, as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all
                                                    scrubber flow rates
                                                    or pressure drop
                                                    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
                                pH of the          1. Once daily records
                                 scrubber.          as specified in Sec.
                                                     63.1429.b
                                                   2. Record and report
                                                    the average pH of
                                                    the scrubber
                                                    effluent measured
                                                    during the
                                                    performance test--
                                                    NCS.c
                                                   3. Record at least
                                                    once daily the pH of
                                                    the scrubber
                                                    effluent.
                                                   4. Report all pH
                                                    scrubber effluent
                                                    readings out of the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--
                                                    PR.d,e If a base
                                                    absorbent is used,
                                                    report all pH values
                                                    that are below the
                                                    minimum operating
                                                    values. If an acid
                                                    absorbent is used,
                                                    report all pH values
                                                    that are above the
                                                    maximum operating
                                                    values.
Condenser f...................  Exit (product      1. Continuous records
                                 side)              as specified in Sec.
                                 temperature.        63.1429.b
                                                   2. Record and report
                                                    the average exit
                                                    temperature measured
                                                    during the
                                                    performance test--
                                                    NCS.
                                                   3. Record the daily
                                                    average exit
                                                    temperature as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all daily
                                                    average exit
                                                    temperatures that
                                                    are above the
                                                    maximum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    monitoring data are
                                                    not collected--PR.d
                                                    e
Carbon Adsorber f.............  Total              1. Record of total
                                 regeneration       regeneration stream
                                 stream mass or     mass or volumetric
                                 volumetric flow    flow for each carbon
                                 during carbon      bed regeneration
                                 bed regeneration   cycle.
                                 cycle(s), and.    2. Record and report
                                                    the total
                                                    regeneration stream
                                                    mass or volumetric
                                                    flow during each
                                                    carbon bed
                                                    regeneration cycle
                                                    during the
                                                    performance test--
                                                    NCS.c
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    total regeneration
                                                    stream mass or
                                                    volumetric flow is
                                                    above the maximum
                                                    flow rate
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
                                Temperature of     1. Record the
                                 the carbon bed     temperature of the
                                 after              carbon bed after
                                 regeneration and   each regeneration
                                 within 15          and within 15
                                 minutes of         minutes of
                                 completing any     completing any
                                 cooling cycle(s).  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--
                                                    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
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
Absorber, Condenser, and        Concentration      1. Continuous records
 Carbon Adsorber (as an          level or reading   as specified in Sec.
 alternative to the above).      indicated by an     63.1429.b
                                 organic           2. Record and report
                                 monitoring         the average
                                 device at the      concentration level
                                 outlet of the      or reading measured
                                 recovery device.   during the
                                                    performance test--
                                                    NCS.
                                                   3. Record the daily
                                                    average
                                                    concentration level
                                                    or reading as
                                                    specified in Sec.
                                                    63.1429.
                                                   4. Report all daily
                                                    average
                                                    concentration levels
                                                    or readings that are
                                                    above the maximum
                                                    concentration or
                                                    reading established
                                                    in the NCS or
                                                    operating permit and
                                                    all instances when
                                                    monitoring data are
                                                    not collected--PR.d
                                                    e
All Combustion, recovery, or    Diversion to the   1. Hourly records of
 recapture devices.              atmosphere from    whether the flow
                                 the combustion,    indicator was
                                 recovery, or       operating during
                                 recapture device   batch emission
                                 or.                episodes selected
                                                    for control and
                                                    whether a diversion
                                                    was detected at any
                                                    time during the
                                                    hour, as specified
                                                    in Sec.  63.1429.
                                                   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--PR.d
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves.     were performed as
                                                    specified in Sec.
                                                    63.1429.
                                                   2. Record and report
                                                    all monthly
                                                    inspections that
                                                    show that valves are
                                                    in the diverting
                                                    position or that a
                                                    seal has been
                                                    broken--PR.d

[[Page 29485]]

 
ECO...........................  Time from the end  1. Records at the end
                                 of the epoxide     of each batch, as
                                 feed, or the       specified in Sec.
                                 epoxide partial    63.1427(i).
                                 pressure in the   2. Record and report
                                 reactor or         the average
                                 direct             parameter value of
                                 measurement of     the parameters
                                 epoxide            chosen, measured
                                 concentration in   during the
                                 the reactor        performance test.
                                 liquid at the     3. Record the batch
                                 end of the ECO.    cycle ECO duration,
                                                    epoxide partial
                                                    pressure, or epoxide
                                                    concentration in the
                                                    liquid at the end of
                                                    the ECO
                                                   4. Report all batch
                                                    cycle parameter
                                                    values outside of
                                                    the ranges
                                                    established in
                                                    accordance with Sec.
                                                     63.1427(i)(3) and
                                                    all instances when
                                                    monitoring data were
                                                    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.  63.1429.
d PR = Periodic Reports described in Sec.  63.1429.
e The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.  63.1439.
f Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.


 Table 6 to Subpart PPP of Part 63.--Process Vents From Continuous Unit
    Operations--Monitoring, Recordkeeping, and Reporting Requirements
------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameter to be         reporting
       Control technique            monitored         requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal Incinerator...........  Firebox            1. Continuous records
                                 temperaturea.      as specified in Sec.
                                                     63.1429.b
                                                   2. Record and report
                                                    the average firebox
                                                    temperature measured
                                                    during the
                                                    performance test--
                                                    NCS.c
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day.
                                                   4. Report all daily
                                                    average temperatures
                                                    that are below the
                                                    minimum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    sufficient
                                                    monitoring data are
                                                    not collected--PR.d
                                                    e
Catalytic Incinerator.........  Temperature        1. Continuous records
                                 upstream and       as specified in Sec.
                                 downstream of       63.1429.b
                                 the catalyst 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 daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    catalyst bed for
                                                    each operating day.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are below the
                                                    minimum upstream
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are below the
                                                    minimum difference
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
                                                   6. Report all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected.e
Boiler or Process Heater with   Firebox            1. Continuous records
 a design heat input capacity    temperature a.     as specified in Sec.
 less than 44 megawatts and                          63.1429.b
 where the process vents are                       2. Record and report
 not introduced with or used                        the average firebox
 as the primary fuel.                               temperature measured
                                                    during the
                                                    performance test--
                                                    NCS c
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day.d
                                                   4. Report all daily
                                                    average temperatures
                                                    that are below the
                                                    minimum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit and all
                                                    instances when
                                                    insufficient
                                                    monitoring data are
                                                    collected--PR.d e
Flare.........................  Presence of a      1. Hourly records of
                                 flame at the       whether the monitor
                                 pilot light.       was continuously
                                                    operating 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 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 when all
                                                    flames at the pilot
                                                    light of a flare are
                                                    absent--Pr.d
Absorber f....................  Exit temperature   1. Continuous records
                                 of the absorbing   as specified in Sec.
                                 liquid, and.        63.1429.b
                                                   2. Record and report
                                                    the exit temperature
                                                    of the absorbing
                                                    liquid averaged over
                                                    the full period of
                                                    the TRE
                                                    determination--NCS.c
                                                   3. Record the daily
                                                    average exit
                                                    temperature of the
                                                    absorbing liquid for
                                                    each operating day.
                                                   4. Report all the
                                                    daily average exit
                                                    temperatures of the
                                                    absorbing liquid
                                                    that are below the
                                                    minimum operating
                                                    value established in
                                                    the NCS or
                                                    operating--PR.d e

[[Page 29486]]

 
                                Exit specific      1. Continuous records
                                 gravity for the    as specified in Sec.
                                 absorbing liquid.   63.1429.b
                                                   2. Record and report
                                                    the exit specific
                                                    gravity averaged
                                                    over the full period
                                                    of the TRE
                                                    determination--NCS.
                                                   3. Record the daily
                                                    average exit
                                                    specific gravity for
                                                    each operating day.
                                                   4. Report all daily
                                                    average exit
                                                    specific gravity
                                                    values that are
                                                    below the minimum
                                                    operating value
                                                    established in the
                                                    NCS or operating--
                                                    PR.d e
Condenser f...................  Exit (product      1. Continuous records
                                 side)              as specified in Sec.
                                 temperature.        63.1429.b
                                                   2. Record and report
                                                    the exit temperature
                                                    averaged over the
                                                    full period of the
                                                    TRE determination--
                                                    NCS.
                                                   3. Record the daily
                                                    average exit
                                                    temperature for each
                                                    operating day.
                                                   4. Report all daily
                                                    average exit
                                                    temperatures that
                                                    are above the
                                                    maximum operating
                                                    temperature
                                                    established in the
                                                    NCS or operating--
                                                    PR.d e
Carbon Adsorber f.............  Total              1. Record of total
                                 regeneration       regeneration stream
                                 stream mass or     mass or volumetric
                                 volumetric flow    flow for each carbon
                                 during carbon      bed regeneration
                                 bed regeneration   cycle.
                                 cycle(s), and.    2. Record and report
                                                    the total
                                                    regeneration stream
                                                    mass or volumetric
                                                    flow during each
                                                    carbon bed
                                                    regeneration cycle
                                                    during the period of
                                                    the TRE
                                                    determination--NCS.c
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    total regeneration
                                                    stream mass or
                                                    volumetric flow is
                                                    above the maximum
                                                    flow rate
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d e
                                Temperature of     1. Record the
                                 the carbon bed     temperature of the
                                 after              carbon bed after
                                 regeneration and   each regeneration
                                 within 15          and within 15
                                 minutes of         minutes of
                                 completing any     completing any
                                 cooling cycle(s).  cooling cycle(s).
                                                   2. Record and report
                                                    the temperature of
                                                    the carbon bed after
                                                    each regeneration
                                                    during the period of
                                                    the TRE
                                                    determination--NCSc
                                                   3. Report all carbon
                                                    bed regeneration
                                                    cycles when the
                                                    temperature of the
                                                    carbon bed after
                                                    regeneration is
                                                    above the maximum
                                                    temperature
                                                    established in the
                                                    NCS or operating
                                                    permit--PR.d,e
Absorber, Condenser, and        Concentration      1. Continuous records
 Carbon Adsorber (as an          level or reading   as specified in Sec.
 alternative to the above).      indicated by an     63.1429.b
                                 organic           2. Record and report
                                 monitoring         the concentration
                                 device at the      level or reading
                                 outlet of the      averaged over the
                                 recovery device.   full period of the
                                                    TRE determination--
                                                    NCS.
                                                   3. Record the daily
                                                    average
                                                    concentration level
                                                    or reading for each
                                                    operating day.
                                                   4. Report all daily
                                                    average
                                                    concentration levels
                                                    or readings that are
                                                    above the maximum
                                                    concentration or
                                                    reading established
                                                    in the NCS or
                                                    operating--PR.d e
All Combustion, recovery, or    Diversion to the   1. Hourly records of
 recapture devices.              atmosphere from    whether the flow
                                 the combustion,    indicator was
                                 recovery, or       operating and
                                 recapture device   whether a diversion
                                 or.                was detected at any
                                                    time during each
                                                    hour.
                                                   2. Record and report
                                                    the times of all
                                                    periods when the
                                                    vent stream is
                                                    diverted through a
                                                    bypass line, or the
                                                    flow indicator is
                                                    not operating--PR.d
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves.     were performed as
                                                    specified in Sec.
                                                    63.1429.
                                                   2. Record and report
                                                    all monthly
                                                    inspections that
                                                    show that valves are
                                                    in the diverting
                                                    position or that a
                                                    seal has been
                                                    broken--PR.d
------------------------------------------------------------------------
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.  63.1429.
d PR = Periodic Reports described in Sec.  63.1429.
e The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.  63.1439.
f Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.


   Table 7 to Subpart PPP of Part 63.--Operating Parameters For Which
   Monitoring Levels Are Required To Be Established For Process Vents
                                 Streams
------------------------------------------------------------------------
                                                         Established
      Control technique         Parameters to be          operating
                                    monitored           parameter(s)
------------------------------------------------------------------------
Thermal incinerator.........  Firebox temperature.  Minimum temperature.
Catalytic incinerator.......  Temperature upstream  Minimum upstream
                               and downstream of     temperature; and
                               the catalyst bed.     minimum temperature
                                                     difference across
                                                     the catalyst bed.
Boiler or process heater....  Firebox temperature.  Minimum temperature.
Absorber....................  Liquid flow rate or   Minimum flow rate or
                               pressure drop; and    pressure drop; and
                               pH of scrubber        maximum pH if an
                               effluent, if an       acid absorbent is
                               acid or base          used, or minimum pH
                               absorbent is used.    if a base absorbent
                                                     is used.
Condenser...................  Exit temperature....  Maximum temperature.

[[Page 29487]]

 
Carbon adsorber.............  Total regeneration    Maximum mass or
                               stream mass or        volumetric flow;
                               volumetric flow       and maximum
                               during carbon bed     temperature.
                               regeneration cycle;
                               and temperature of
                               the carbon bed
                               after regeneration
                               (and within 15
                               minutes of
                               completing any
                               cooling cycle(s)).
Extended Cookout (ECO)......  Time from the end of  Minimum duration, or
                               the epoxide feed to   maximum partial
                               the end of the ECO,   pressure at the end
                               or the reactor        of ECO, or maximum
                               epoxide partial       epoxide
                               pressure at the end   concentration in
                               of the ECO, or the    the reactor liquid
                               epoxide               at the end of ECO.
                               concentration in
                               the reactor liquid
                               at the end of the
                               ECO.
Other devices (or as an       HAP concentration     Maximum HAP
 alternate to the above). a    level or reading at   concentration or
                               outlet of device.     reading.
------------------------------------------------------------------------
a Concentration is measured instead of an operating parameter.


  Table 8 to Subpart PPP of Part 63.--Routine Reports Required By This
                                 Subpart
------------------------------------------------------------------------
                                  Description of
           Reference                  Report              Due Date
------------------------------------------------------------------------
Sec.  63.1439(b) and Subpart A  Refer to Sec.      Refer to subpart A.
                                 63.1439(b),
                                 Table 1 of this
                                 subpart, and to
                                 subpart A.
Sec.  63.1439(e)(3)...........  Initial            Existing affected
                                 notification.      sources: by 120 days
                                                    after June 1, 1999.
                                                   New affected sources
                                                    w/initial start-up
                                                    at least 90 days
                                                    after June 1, 1999:
                                                    submit the
                                                    application for
                                                    approval of
                                                    construction or
                                                    reconstruction in
                                                    lieu of the Initial
                                                    Notification.
                                                   New affected sources
                                                    w/initial start-up
                                                    prior to 90 days
                                                    after June 1, 1999:
                                                    by 90 days after
                                                    June 1, 1999.
Sec.  63.1439(e)(4)...........  Precompliance      Existing affected
                                 Report a.          sources: 12 months
                                                    prior to compliance
                                                    date.
                                                   New affected sources:
                                                    with the application
                                                    for approval of
                                                    construction or
                                                    reconstruction.
Sec.  63.1439(e)(5)...........  Notification of    Within 150 days after
                                 Compliance         the compliance date.
                                 Status b.
Sec.  63.1439(e)(6)...........  Periodic Reports.  Semiannually, no
                                                    later than 60 days
                                                    after the end of
                                                    each 6-month period.
                                                    See Sec.
                                                    63.1439(e)(6)(i) for
                                                    the due date for
                                                    this report.
Sec.  63.1439(e)(6)(v)(iii)...  Quarterly reports  No later than 60 days
                                 for sources with   after the end of
                                 excursions (upon   each quarter.
                                 request of the
                                 Administrator).
Sec.  63.506(e)(7)(i).........  Storage Vessels    At least 30 days
                                 Notification of    prior to the
                                 Inspection.        refilling of each
                                                    storage vessel or
                                                    the inspection of
                                                    each storage vessel.
 
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a There may be two versions of this report due at different times; one
  for equipment subject to Sec.  63.1434 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.  63.1434 and one for other emission
  points subject to this subpart.

[FR Doc. 99-12479 Filed 5-28-99; 8:45 am]
BILLING CODE 6560-50-P