[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Proposed Rules]
[Pages 34950-34956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13165]



  Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / 
Proposed Rules  

[[Page 34950]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6347-1]
RIN 2060-A-53


National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology; Process Wastewater Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking; reopening of public 
comment period.

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

SUMMARY: On October 14, 1998, the EPA proposed a consolidated 
rulemaking that included several related elements: the establishment of 
the EPA's ``generic MACT standards'' program for setting national 
emission standards for hazardous air pollutants (NESHAP) under section 
112 of the Clean Air Act (Act) for certain small source categories 
consisting of five or fewer sources; as part of this program, the 
establishment of an alternative methodology for making EPA's maximum 
available control technology (MACT) determination for appropriate small 
categories by referring to previous MACT standards that have been 
promulgated for similar sources in other categories; the proposal of 
MACT standards that were developed within the generic MACT framework 
for four specific source categories (i.e., acetal resins (AR) 
production, acrylic and modacrylic fiber (AMF) production, hydrogen 
fluoride (HF) production, and polycarbonate(s) (PC) production; and the 
proposal of general control requirements for certain types of emission 
points for hazardous air pollutants (HAP), which would then be 
referenced, as appropriate, in the generic MACT requirements for 
individual source categories.
    The initial comment period for the proposed generic MACT standards 
closed on January 12, 1999. The EPA received several comments 
requesting clarifying changes to the standards. Changes in response to 
relevant comments have been made and those standards are being 
promulgated elsewhere in this separate part of the Federal Register. 
However, comments related to the wastewater provisions were received, 
which upon consideration by the EPA, indicate a need for significant 
changes to these provisions. Therefore, in today's promulgated rule for 
the generic MACT standards, the EPA has deferred taking final action 
regarding provisions applicable to process wastewater streams for the 
AR, AMF, and PC production source categories.

DATES: Comments: Comments must be received on or before July 29, 1999.
    Public Hearing: A public hearing will be held, if a timely hearing 
request is received, to provide interested persons an opportunity to 
present information pertaining to today's supplemental proposal. If any 
person specifically requests that a public hearing be held by July 6, 
1999, a public hearing will be held on July 13, 1999 beginning at 10 
a.m. Any request that a hearing be held concerning this supplemental 
proposal must be submitted orally or in writing no later than July 6, 
1999.

ADDRESSES: Comments: Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
(LE-131), Attention, Docket No. A-97-17, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. The EPA requests that a 
separate copy of comments also be sent to Mr. David W. Markwordt (see 
FOR FURTHER INFORMATION CONTACT for address).
    Comments and data may be submitted by electronic mail (e-mail) to: 
[email protected]. Electronic comments must be submitted as an 
ASCII file to avoid the use of special characters and encryption 
problems. Comments and data will also be accepted on Microsoft DOS 
formatted 3.5 inches high-density diskettes containing 
WordPerfect 5.1 or 6.1, or ASCII formatted files. All 
comments and data submitted in electronic form must note the docket 
number: A-97-17. No confidential business information (CBI) should be 
submitted by e-mail. Electronic comments on this notice may be filed 
online at many Federal Depository Libraries.
    Public Hearing: If a timely request for a public hearing is 
received, the hearing will be held at the EPA Office of Administration 
Auditorium, Research Triangle Park, North Carolina. Persons interested 
in attending such a hearing should contact Ms. Dorothy Apple at (919) 
541-4487, Policy Planning and Standards Group (MD-13) to verify that a 
hearing will be held. The subject matter of any hearing will be 
strictly limited to the proposed revisions of the wastewater provisions 
for the AR, AMF, and PC source categories set forth in today's 
supplemental proposal.
    Docket: A docket, No. A-97-17, containing information considered by 
the EPA in the development of the proposed and promulgated generic MACT 
standards, is available for public inspection between 8:30 a.m. and 
5:30 p.m., Monday through Friday (except for Federal holidays), at the 
following address: U.S. Environmental Protection Agency, Air and 
Radiation Docket and Information Center (MC-6102), 401 M Street, SW, 
Washington, DC 20460, telephone: (202) 260-7548. The EPA's Air Docket 
section is located at the above address in Room M-1500, Waterside Mall 
(ground floor). The proposed and final standards, and supporting 
information, are available for inspection and copying. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this document, contact Mr. David W. Markwordt, Policy, Planning, and 
Standards Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone: (919) 541-0837; facsimile: (919) 541-0942; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Plain Language

    In compliance with President Clinton's June 1, 1998 Executive 
Memorandum on Plain Language in government writing, this preamble is 
written using plain language. Thus, the use of ``we'' in this notice 
refers to the EPA. The use of ``you'' refers to the reader, and may 
include industry; State, local, and tribal governments; environmental 
groups; and other interested individuals.
    On October 14, 1998 (63 FR 55178), we proposed a consolidated 
rulemaking that included generic MACT standards under section 112 of 
the Act for certain small source categories consisting of five or fewer 
sources. In a separate document published elsewhere in this separate 
part of the Federal Register, we are taking final action on nearly all 
aspects of that proposal, but we are deferring final action on the 
provisions applicable to process and maintenance wastewater and certain 
liquid streams in open systems.

I. Comments Received on the Proposed Wastewater Provisions

    Commenters raised several issues related to the wastewater 
provisions proposed on October 14, 1998. One commenter provided that 
the proposed provisions did not specify the location for determining 
HAP concentration. The commenter stated that it seems appropriate to 
make this determination at the entrance to each wastewater treatment 
system unit. The commenter

[[Page 34951]]

recommended that a definition for ``point of determination'' be made 
and that references to ``point of generation'' be changed to ``point of 
determination.'' The commenter also stated that an owner or operator 
should be allowed to use all of the test methods specified in the 
hazardous organic NESHAP (HON) when determining HAP concentrations in 
wastewater.
    Another commenter stated that there was no information or 
requirements for treatment or destruction of wastewater streams leaving 
the process unit. The commenter noted that the proposal only required 
control of secondary emissions from equipment handling the wastewater 
stream.
    Based on comments received, and an evaluation of the proposed 
process wastewater stream provisions, we agree that the proposed 
process wastewater stream provisions for the AR, AMF, and PC standards 
did not include adequate applicability procedures and treatment 
requirements. We also concluded that provisions were needed to address 
HAP emissions from maintenance wastewater and certain liquid streams in 
open systems. The final standards for these source categories that 
appear in today's Federal Register do not contain any wastewater 
provisions. Rather, we are reopening the comment period to specifically 
request additional comment on appropriate revisions of the wastewater 
provisions.

II. Summary of Proposed Amendments

    The proposed amendments incorporate and cross-reference appropriate 
wastewater provisions of the HON for the AR, AMF, and PC production 
source categories. The proposed amendments respond to comments received 
on the wastewater provisions on October 14, 1998. In addition, these 
amendments reflect our original intent regarding ``point of 
determination'' measurements and ``treatment and destruction'' 
requirements for process wastewater and that requirements for 
maintenance wastewater and liquid streams in open systems be included.
    The proposed amendments for process wastewater, maintenance 
wastewater, and liquid streams in open systems directly refer to HON 
wastewater requirements. For process wastewater, you are required to 
make a group determination for each wastewater stream based on flow 
rate and organic HAP concentration. If a process wastewater stream is 
determined to be Group 1, you must comply with specific requirements 
for waste management units to suppress emissions, and requirements to 
treat the wastewater streams to reduce the organic HAP concentration. 
The suppression requirements in the referenced sections of the HON are 
equivalent in stringency to the wastewater requirements that were 
proposed on October 14, 1998 for most emissions points associated with 
wastewater streams.
    The maintenance wastewater provisions require, for each maintenance 
wastewater stream that contains organic HAP, that you develop and 
follow procedures to manage wastewaters generated during maintenance 
activities so that emissions are minimized. The proposed provisions for 
liquid streams in open systems apply to drain or drain hubs, manholes, 
lift stations, trenches, pipes, oil/water separators, and tanks, and 
require that you implement specific emission reduction techniques for 
each type of equipment.
    We intend to take final action concerning the revised wastewater 
provisions for the AR, AMF, and PC source categories proposed today as 
expeditiously as practicable, but no later than November 15, 1999 (the 
revised date set forth in a proposed consent decree). For purposes of 
this rulemaking, we will consider only comments limited to the newly 
proposed process wastewater stream provisions for the AR, AMF, and PC 
production source categories (see IV. Solicitation of Comments).

III. Summary of Impacts

    We estimate that the impacts for air emissions will be negligible 
as the AMF, AR, and PC production affected sources that would be 
subject to these requirements are already well controlled. Similarly, 
water pollution and solid waste, and increases in energy use resulting 
from the use of control devices would be negligible. Based on previous 
impacts analyses associated with the application of the control and 
recovery devices required under the standards and because each of the 
three subject source categories have only five or fewer major sources, 
we believe that there will be minimal, if any, adverse environmental or 
energy impacts associated with the final standards.
    Likewise, based on available information, we estimate that the cost 
and economic impacts of the proposed amendments to the promulgated 
standards for the three source categories being regulated will be 
insignificant or minimal. The economic analyses for each of the three 
source categories can be obtained from the dockets established for 
these source categories (see ADDRESSES).

IV. Solicitation of Comments

    As noted in section I of today's SNPR, commenters provided comment 
on the limitations of the proposed wastewater provisions. We evaluated 
their comments and realized that treatment provisions had inadvertently 
been omitted and that the applicability procedures were not adequate. 
The three source categories affected by the proposed wastewater 
provisions amendments (i.e., the AMF, AR, and PC production source 
categories) handle organic HAP waste streams similar to what is managed 
by the HON. Therefore, these proposed amendments directly reference HON 
wastewater provisions. We are soliciting comment on the appropriateness 
of these HON wastewater provisions for the AR, AMF, and PC production 
source categories.

V. Administrative Requirements

A. Docket

    The docket is an organized and complete file of the administrative 
record compiled by the EPA in the development of the rule. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the statement of basis and purpose of the proposed and 
promulgated standards and EPA responses to significant comments, the 
contents of the docket will serve as the record in case of judicial 
review (except for interagency review materials) (see 42 U.S.C. 
7607(d)(7)(A)).

B. Paperwork Reduction Act

    The information collection requirements associated with this 
supplemental notice of proposed rulemaking do not add to the 
promulgated rule information collection requirements. The information 
collection requirements of the promulgated rule for the Generic MACT 
standards were submitted for approval to the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. 
Under the promulgated rule, an Information Collection Request (ICR) 
document was prepared by the EPA (ICR No. 1871.02) and a copy may be 
obtained from Sandy Farmer, OPPE Regulatory Information Division, U.S. 
Environmental Protection Agency (2137), 401 M Street, S.W., Washington, 
DC 20460, or by calling (202) 260-2740.

[[Page 34952]]

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether a regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Today's SNPR is a significant action under the terms of Executive 
Order 12866 because the proposed amendments for AR, AMF, and PC 
production do constitute a ``significant regulatory action'' as defined 
under Executive Order 12866.

D. Executive Order 12875

    Under Executive Order 12875, the EPA may not issue a regulation 
that is not required by statute and that creates a mandate upon a 
State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments, or EPA consults with those governments. 
If the EPA complies by consulting, Executive Order 12875 requires the 
EPA to develop an effective process permitting elected officials and 
other representatives of State, local and tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
proposals containing significant unfunded mandates.'' Today's proposed 
amendments implement requirements specifically set forth by the 
Congress in section 112 of the Act 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.

E. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that the EPA determines (1) is economically 
significant as defined under Executive Order 12866, and (2) the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA 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 EPA.
    This proposed amendments are not subject to Executive Order 13045 
because it is not an economically significant regulatory action as 
defined by Executive Order 12866. No children's risk analysis was 
performed for this rulemaking because the agency does not have the data 
necessary to conduct such analysis, and cannot obtain such data with 
available resources.

F. Executive Order 13084

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not required by statute, that significantly or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance cost incurred by the tribal governments, or the EPA consults 
with those governments. If the EPA complies by consulting, Executive 
Order 13084 requires the EPA to provide to OMB, in a separately 
identified section of the preamble to the rule, a description of the 
extent of the EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 13084 requires the EPA to develop an effective process 
permitting elected 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 implements requirements specifically 
set forth by Congress in section 112 of the Act without the excercise 
of any discretion by the EPA. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this rule.

G. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act of 1996

    The RFA of 1980 (5 U.S.C. 601, et seq.), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), requires 
the EPA to give special consideration to the effect of Federal 
regulations on small entities and to consider regulatory options that 
might mitigate any such impacts.
    Today's action is not subject to the requirements of the RFA as 
modified by SBREFA because it does not impose any regulatory 
requirements on small entities.

H. Unfunded Mandates Reform Act of 1995

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more in any one year. Under 
section 205, the EPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the rule and is 
consistent with statutory requirements. Section 203 requires the EPA to 
establish a plan for informing and advising any small governments that 
may be significantly or uniquely impacted by the rule.
    Because the promulgated rule and this supplemental notice of 
proposed rulemaking do not include a Federal mandate and is estimated 
to result in expenditures less than $100 million in any one year by 
State, local, and tribal governments, the EPA has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective, or least burdensome alternative. 
In addition, because small governments would not be significantly or 
uniquely affected by this rule, the EPA is not required to develop a 
plan with regard to small governments. Therefore, the requirements of 
the UMRA do not apply to this action.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (the NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note), directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be

[[Page 34953]]

inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by voluntary consensus standard 
bodies. The NTTAA requires the EPA to provide Congress, through OMB, 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    This action does not involve the proposal of any new technical 
standards. It does, however, incorporate by reference existing 
technical standards, including government-unique technical standards. 
The technical standards proposed with this action are standards that 
have been proposed and promulgated under other rulemakings for similar 
source control applicability and compliance determinations. The EPA 
solicits comment on the identification of potentially-applicable 
voluntary consensus standards that could be use in lieu of standard 
proposed under today's action. The EPA request that submitted comments 
include an explanation why such standards should be used in lieu of 
those proposed.
    As part of a larger effort, the EPA is undertaking a project to 
cross-reference existing voluntary consensus standards on testing, 
sampling, and analysis, with current and future EPA test methods. When 
completed, this project will assist the EPA in identifying potentially-
applicable voluntary consensus standards that can then be evaluated for 
equivalency and applicability in determining compliance with future 
regulations.

List of Subjects in 40 CFR Part 63

    Environmental protection, Acetal resins production, Acrylic and 
modacrylic fiber production, Administrative practice and procedure, Air 
pollution control, Hazardous substances, Intergovernmental relations, 
Polycarbonates production, Process wastewater streams, Reporting and 
recordkeeping requirements.

    Dated: May 14, 1999.
Carol M. Browner,
Administrator.

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

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

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

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

Subpart YY--National Emission Standards for Hazardous Air 
Pollutants for Source Categories: Generic Maximum Achievable 
Control Technology Standards

    2. Section 63.1100 is amended by adding paragraph (g)(5) to read as 
follows:


Sec. 63.1100  Applicability.

* * * * *
    (g) * * *
    (5) Overlap of subpart YY with other regulations for wastewater. 
(i) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, wastewater streams that are 
subject to the wastewater requirements of this subpart and the 
wastewater requirements of subparts F, G, and H of this part 
(collectively known as the ``HON'') are in compliance with the 
requirements of this subpart if it complies with either such 
requirement.
    (ii) After the compliance dates specified in Sec. 63.1102 for an 
affected source subject to this subpart, wastewater streams that are 
subject to control requirements in the Benzene Waste NESHAP (subpart FF 
of part 61 of this chapter) and this subpart are required to comply 
with both subpart FF of part 61 of this chapter and this subpart.
    3. Section 63.1101 is amended by adding definitions in alphabetical 
order to read as follows:


Sec. 63.1101  Definitions.

* * * * *
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.144(b).
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec. 63.144(c).
* * * * *
    Group 1 wastewater stream means a process wastewater stream at an 
existing or new source that meets the criteria for Group 1 status in 
Sec. 63.132(c).
    Group 2 wastewater stream means a process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
* * * * *
    Maintenance wastewater means wastewater generated by the draining 
of process fluid from components in the chemical manufacturing process 
unit into an individual drain system prior to or during maintenance 
activities. Maintenance wastewater can be generated during planned and 
unplanned shutdowns and during periods not associated with a shutdown. 
Examples of activities that can generate maintenance wastewaters 
include descaling of heat exchanger tubing bundles, cleaning of 
distillation column traps, draining of low legs and high point bleeds, 
draining of pumps into an individual drain system, and draining of 
portions of the chemical manufacturing process unit for repair.
* * * * *
    Oil-water separator or organic-water separator means a waste 
management unit, generally a tank used to separate oil or organics from 
water. An oil-water or organic-water separator consists of not only the 
separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that 
are located directly after the individual drain system and prior to 
additional waste management units such as an air flotation unit, 
clarifier, or biological treatment unit. Examples of an oil-water or 
organic-water separator include, but are not limited to, an American 
Petroleum Institute separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
* * * * *
    Point of determination means each point where process wastewater 
exits the chemical manufacturing process unit.

    Note to definition for ``Point of determination'': This subpart 
allows determination of the characteristics of a wastewater stream: 
At the point of determination; or downstream of the point of 
determination if corrections are made for changes in flow rate and 
annual average concentration of Table 9 compounds as determined in 
Sec. 63.144. Such changes include losses by air emissions; reduction 
of annual average concentration or changes in flow rate by mixing 
with other water or wastewater streams; and reduction in flow rate 
or annual average concentration by treating or otherwise handling 
the wastewater stream to remove or destroy hazardous air pollutants.
* * * * *
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact

[[Page 34954]]

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.
    Process wastewater stream means a stream that contains process 
wastewater.
* * * * *
    Table 9 compounds means compounds listed in Table 9 of subpart G of 
this part.
* * * * *
    Wastewater is either a process wastewater or a maintenance 
wastewater and means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds of at 
least 5 parts per million by weight at the point of determination and 
has an annual average flow rate of 0.02 liter per minute or greater; or
    (ii) An annual average concentration of Table 9 compounds of at 
least 10,000 parts per million by weight at the point of determination 
at any flow rate; and
    (2) Is discarded from a chemical manufacturing process unit.
    Wastewater stream means a stream that contains wastewater.
    4. Section 63.1103 is amended in table 1 in paragraph (a) by adding 
in numerical order entries 6, 7, and 8; in table 2 in paragraph 
(b)(3)(i) by adding in numerical order entries 8, 9, and 10; in table 5 
in paragraph (d) by adding in numerical order entries 7, 8, and 9; and 
in table 6 in paragraph (d) by adding in numerical order entries 6, 7, 
and 8 to read as follows:


Sec. 63.1103  Source category-specific applicability, definitions, and 
requirements.

    (a) * * *

   Table 1 to Sec.  63.1103(a).--What Are My Requirements If I Own or
  Operate an Acetal Resins Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
 
*                  *                  *                  *
                                     *
6. An acetal resins           The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1          Sec.  63.1106(a).
 wastewater.                   wastewater stream.
7. An acetal resins           The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.  63.1106(b).
 wastewater.
8. An item of equipment       The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *

 Table 2. To Sec.  63.1103(b)(3)(i).--What Are My Requirements If I Own
  or Operate an Acrylic and Modacrylic Fiber Production Existing or New
    Affected Source and Am Complying With Paragraph (b)(3)(i) of This
                                Section?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
 8. An acrylic and            The process           Comply with the
 modacrylic fiber production   wastewater stream     requirements of
 process unit that generates   is a Group 1          Sec.  63.1106(a).
 process wastewater.           wastewater stream.
 9. An acrylic and            The maintenance       Comply with the
 modacrylic fiber production   wastewater contains   requirements of
 process unit that generates   organic HAP.          Sec.  63.1106(b).
 maintenance wastewater.
10. An item of equipment      The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------

* * * * * * *
* * * * * * *
    (d) * * *

   Table 5 to Sec.  63.1103(d).--What Are My Requirements If I Own or
      Operate a Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
7. A polycarbonate            The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1          Sec.  63.1106(a).
 wastewater.                   wastewater stream.

[[Page 34955]]

 
8. A polycarbonate            The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.  63.1106(b).
 wastewater.
9. An item of equipment       The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------

* * * * * * *

   Table 6 to Sec.  63.1103(d).--What Are My Requirements if I Own or
         Operate a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
6. A polycarbonate            The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1          Sec.  63.1106(a).
 wastewater.                   wastewater stream.
7. A polycarbonate            The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec.  63.1106(b).
 wastewater.
8. An item of equipment       The item of           Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec.               G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------

* * * * * * *
    5. Section 63.1106 is added to subpart YY to read as follows:


Sec. 63.1106  Wastewater provisions.

    (a) Process wastewater. Except as specified in paragraphs (a)(1) 
through (a)(16) and (d) of this section, the owner or operator of each 
affected source shall comply with the HON process wastewater 
requirements in Secs. 63.132 through 63.148.
    (1) When terms used in Secs. 63.132 through 63.148 are defined in 
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the 
purposes of this subpart. For terms used in Secs. 63.132 through 63.148 
that are not defined in Sec. 63.1101, the definitions in Sec. 63.101 
and Sec. 63.111 shall apply.
    (2) When the term chemical manufacturing production process unit, 
or CMPU, is used in Sec. 63.132 through 63.148, the phrase ``a process 
unit whose primary product is a product produced by a source category 
subject to this subpart'' shall apply, for the purposes of this 
subpart.
    (3) Owners and operators of affected sources are not required to 
comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further, 
owners and operators are exempt from all requirements in Secs. 63.132 
through 63.148 that pertain solely and exclusively to organic HAP 
listed in table 8 of subpart G of this part.
    (4) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
alternative nonopacity emission standard provisions in Sec. 63.6(g) 
shall apply, for the purposes of this subpart.
    (5) When the HON storage vessel requirements for internal floating 
roofs contained in Secs. 63.119(b) are referred to in 
Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2), 
and (b) shall apply, for the purposes of this subpart.
    (6) When the HON storage vessel requirements for external floating 
roofs in Sec. 63.119(c) and Sec. 63.120(b)(5) and (6) are referred to 
in Sec. 63.133(a)(2)(iii) and (d), the requirements in 
Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of 
this subpart.
    (7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall 
apply instead of Sec. 63.133(e).
    (8) When Sec. 63.143(c), (d), (e)(3) and 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(f) or (g), the 
owner or operator requesting to monitor alternative parameters shall 
follow the procedures specified in Sec. 63.1108(c) or as specified in a 
referenced subpart.
    (9) When Sec. 63.147(d) requires the owner or operator to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec. 63.152(f), the 
owner or operator shall keep records of each continuously monitored 
parameter for each operating day as specified in Sec. 63.998(b).
    (10) When 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. 63.1102 shall apply, for purposes of 
this subpart.
    (11) Where Sec. 63.152(b) and/or the Notification of Compliance 
Status is referred to in Sec. 63.132 through Sec. 63.148, the 
Notification of Compliance Status requirements contained in 
Sec. 63.1110(a)(3) shall apply, for purposes of this subpart.
    (12) Where Sec. 63.152(c) and/or the Periodic Report requirements 
are referred to Sec. 63.132 through 63.148, the Periodic Report 
requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes 
of this subpart.
    (13) When Method 18 of appendix A to part 60 of this chapter is 
specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or 
Sec. 63.145(i)(2), either Method 18 or Method 25A of appendix A to part 
60 of this chapter may be used. The use of Method 25A of appendix A to 
part 60 of this chapter shall comply with paragraphs (a)(13)(i) and 
(a)(13)(ii) of this chapter.
    (i) The organic HAP used as the calibration gas for Method 25A of 
appendix A of part 60 of this chapter shall be the single organic HAP 
representing the largest percent by volume of the emissions.
    (ii) The use of Method 25A of appendix A of part 60 of this chapter 
is acceptable if the response from the high-level calibration gas is at 
least 20 times

[[Page 34956]]

the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (14) When the HON recordkeeping requirements for by-pass lines in 
Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in 
Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.
    (15) When the Initial Notification requirements in Sec. 63.182(b) 
are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c) 
shall apply, for the purposes of this subpart.
    (16) For the purposes of this subpart, Sec. 63.148(k) shall not 
apply.
    (b) Maintenance wastewater. The owner or operator of each affected 
source shall comply with the HON maintenance wastewater requirements in 
Sec. 63.105. When terms used in Secs. 63.105 are defined in 
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the 
purpose of this subpart. For terms used in Sec. 63.105 that are not 
defined in Sec. 63.1101, the definitions in Sec. 63.101 and Sec. 63.111 
shall apply.
    (c) Liquid streams in open systems. The owner or operator shall 
comply with the provisions of Table 35 of subpart G of this part for 
each item of equipment meeting the criteria specified in paragraphs 
(c)(1) through (3) of this section and either paragraph (c)(4)(i) or 
(ii) of this section, with the exceptions provided in paragraphs (c)(5) 
and (6) of this section.
    (1) The item of equipment is one of the types of equipment 
identified in paragraphs (c)(1)(i) through (vii) of this section.
    (i) Drain or drain hub.
    (ii) Manhole (including sumps and other points of access to a 
conveyance system).
    (iii) Lift station.
    (iv) Trench.
    (v) Pipe.
    (vi) Oil/water separator.
    (vii) Tanks with capacities of 38 m \3\ or greater.
    (2) The item of equipment is part of an affected source that is 
subject to this subpart.
    (3) The item of equipment is controlled less stringently than in 
Table 35 of subpart G of this part, and the item of equipment is not 
otherwise exempt from the provisions of this subpart, or a referenced 
subpart.
    (4) The item of equipment:
    (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or 
oil/water separator that conveys water with a total annual average 
concentration greater than or equal to 10,000 parts per million by 
weight of Table 9 compounds at any flow rate; or a total annual average 
concentration greater than or equal to 1,000 parts per million by 
weight of Table 9 compounds at an annual average flow rate greater than 
or equal to 10 liters per minute.
    (ii) Is a tank that receives one or more streams that contain water 
with a total annual average concentration greater than or equal to 
1,000 parts per million by weight of Table 9 compounds at an annual 
average flow rate greater than or equal to 10 liters per minute. The 
owner or operator shall determine the characteristics of the stream as 
specified in paragraphs (c)(4)(ii)(A) and (B) of this section.
    (A) The characteristics of the stream being received shall be 
determined at the inlet to the tank.
    (B) The characteristics shall be determined according to the 
procedures in Sec. 63.144(b) and (c).
    (5) When terms used in Table 35 of subpart G of this part are 
defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply, 
for the purpose of this subpart. For terms used in Table 35 of subpart 
G of this part that are not defined in Sec. 63.1101, the definitions in 
Sec. 63.101 and Sec. 63.111 shall apply.
    (6) When Table 35 of subpart G of this part refers to 
Sec. 63.119(e)(1) or (e)(2) in the requirements for tanks, the 
requirements in Sec. 63.982(a)(1) shall apply, for purposes of this 
subpart.
    (d) The compliance date for the affected sources subject to the 
provisions of this section is specified in Sec. 63.1102.

[FR Doc. 99-13165 Filed 6-28-99; 8:45 am]
BILLING CODE 6560-50-P