[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Pages 57572-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27799]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6462-7]
RIN 2060-AF26
National Emission Standards for Hazardous Air Pollutants:
Publicly Owned Treatment Works
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing publicly owned
treatment works (POTW). The primary hazardous air pollutants (HAP)
emitted by these sources include xylenes, methylene chloride, toluene,
ethyl benzene, chloroform, tetrachloroethylene, benzene, and
naphthalene.
Each of these HAP can cause adverse health effects provided
sufficient exposure. For example, exposure to methylene chloride can
adversely affect the central nervous system and has been shown to cause
liver and lung cancers in animals, while benzene is known to cause
cancer in humans.
With this final rule, the EPA is requiring air pollution controls
on a new or reconstructed treatment plant at a POTW that is a major
source of HAP. The standards also require that new and existing POTW
treating regulated waste streams from an industrial user, for the
purpose of allowing that industrial user to comply with another NESHAP,
meet the treatment and control requirements of the other relevant
NESHAP.
EFFECTIVE DATE: October 26, 1999.
ADDRESSES: Docket. Docket No. A-96-46, containing information
considered
[[Page 57573]]
by the EPA in development of the promulgated standards, is available
for public inspection from 8 a.m. to 5:30 p.m., Monday through Friday,
at the following address in room M-1500, Waterside Mall (ground floor):
US 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.
Responses to Comments Document. The responses to comments document
for the promulgated standards may be obtained from the EPA Library (MD-
35), Research Triangle Park, North Carolina 27711, telephone (919) 541-
2777, or from the National Technical Information Services, 5285 Port
Royal Road, Springfield, Virginia 22151, telephone (703) 605-6000 or
(800) 553-6847 or via the Internet at www.fedworld.gov/ntis/ntishome/
html. Please refer to ``National Emission Standards for Hazardous Air
Pollutants: Publicly Owned Treatment Works--Background Information for
Final Standards: Summary of Public Comments and Responses'' (EPA-453/R-
99-008, October 1999).
The document contains the following: (1) a summary of all the
public comments made on the proposed standards and the Administrator's
responses to the comments, and (2) a summary of the changes made to the
standards since proposal. This document is also available for
downloading from the Technology Transfer Network (see SUPPLEMENTARY
INFORMATION).
FOR FURTHER INFORMATION CONTACT: For information concerning this final
rule or the analyses performed in developing this rule, contact Mr.
Robert Lucas, Waste and Chemical Processes 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) 541-0884, facsimile number (919) 541-0246, electronic mail
address ``[email protected]''. For information concerning applicability
and rule determinations, contact your State or local representative or
the appropriate EPA regional representatives. For a listing of EPA
Regional contacts, see the following SUPPLEMENTARY INFORMATION section.
SUPPLEMENTARY INFORMATION:
Electronic Access. These final standards and all other information
considered by the EPA in the development of the final standards are
available in Docket Number A-96-46 or 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 Offices
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, Atlanta Federal Center, 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 (6EN-AT)
U.S. EPA Region VI, First Interstate Bank Tower, 1445 Ross
Avenue, Suite 1200, 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 potentially regulated by this action
are publicly owned treatment works. Regulated categories and entities
include:
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North American
Standard Industrial
Category Industrial Classification Examples of potentially
Classification System (NAICS) regulated entities
(SIC) codes codes
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Industry (3) Not affected
Federal Government......................... 4952 22132 Sewage treatment facilities,
and federally owned
treatment works.
State/local/tribal governments............. 4952 22132 Sewage treatment facilities,
municipal wastewater
treatment facilities, and
publicly owned treatment
works.
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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 is regulated by this promulgated action, you
should carefully examine the applicability criteria in section III. A
of this document and in 40 CFR 63.1580. 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 hazardous air
pollutants from POTW were proposed in the Federal Register on December
1, 1998 (63 FR 66084). Today's Federal Register action announces the
EPA's final decision on the rule. Under section 307(b)(1) of the Clean
Air Act (Act), 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. Only an objection to this action which was raised with reasonable
[[Page 57574]]
specificity during the period for public comment may be raised during
judicial review. Under section 307(b)(2) of the Act, the requirements
that are the subject of today's notice may not be challenged later in
civil or criminal proceedings brought by the EPA to enforce these
requirements.
The following outline is provided to aid in reading the preamble to
the final rule.
I. Background
A. Source Category Description
B. Overview of HAP Emissions from POTW
II. Summary of Considerations Made in Developing This Standard
A. Source of Authority
B. Stakeholder and Public Participation
III. Summary of Promulgated Standards
A. Affected Sources and Applicability
B. Requirements
IV. Summary of Impacts
V. Significant Comments and Changes to the Proposed Standards
A. Major Source Determination
B. Co-location With Other Sources of HAP Emissions
C. Control Requirements
D. Federally Owned Treatment Works
VI. Administrative Requirements
A. Executive Order 12866
B. Executive Order 13045
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Unfunded Mandates
F. Executive Order 12875
G. Executive Order 13084
H. National Technology Transfer and Advancement Act
I. Congressional Review Act
J. Executive Order 12612
I. Background
A. Source Category Description
The EPA's initial list of categories of major sources of HAP
emissions, established under section 112(c)(1) of the Act, included
POTW. This list was published on July 16, 1992 (57 FR 31576). The POTW
source category is defined in the supporting documentation for the
initial source category list. The POTW source category ``includes
emissions from wastewaters which are treated at a POTW.''
These wastewaters are produced by industrial, commercial, and
domestic sources. Emissions from these wastewaters can occur within
the collection system (sewers) as well as during treatment at the
POTW. Control options include, but are not limited to, reduction of
HAP's at the source before they enter the collection system, add-on
emission controls on the collection system and at the POTW, and/or
treatment process modifications/substitutions. (Documentation for
Developing the Initial Source Category List, EPA-450/3-91-030, July
1992)
Section 112(e)(5) of the Act defines POTW by referring to the
definition of treatment works in title II of the Federal Water
Pollution Control Act, commonly referred to as the Clean Water Act. As
set forth in section 212(2), 33 U.S.C. 1292(2), treatment works include
the wastewater treatment units themselves, as well as intercepting
sewers, outfall sewers, sewage collection systems, pumping, power, and
other equipment. Any of these devices which are publicly owned may be a
POTW. The wastewater collected, transmitted, and treated by such POTW
may be generated by industrial, commercial, and/or domestic sources.
B. Overview of HAP Emissions From POTW
The HAP emitted by POTW originate in wastewater streams discharged
by industrial, commercial, and other facilities. Since POTW can receive
any HAP constituent, potentially, POTW can have emissions of any HAP.
Currently, the primary HAP constituents associated with POTW sources
include xylenes, methylene chloride, toluene, ethyl benzene,
chloroform, tetrachloroethylene, benzene, and naphthalene.
Each of these HAP can cause adverse health effects provided
sufficient exposure. For example, exposure to methylene chloride can
adversely affect the central nervous system and has been shown to cause
liver and lung cancers in animals, while benzene is known to cause
cancer in humans.
Hazardous air pollutants present in wastewater entering POTW
treatment plants can biodegrade, adhere to sewage sludge, volatilize to
the air, or pass through (remain in the discharge) to receiving waters.
Within the POTW source category, wastewater treatment units are the
most likely source for HAP emissions, but wastewater collection systems
(including transport systems) and other devices may also have
emissions.
II. Summary of Considerations Made in Developing This Standard
A. Source of Authority
Section 112 of the Act addresses stationary sources of HAP. Section
112(b) of the Act, as amended, lists 188 chemicals, compounds, or
groups of chemicals as HAP. The EPA is directed by section 112 to
regulate the emissions of HAP from stationary sources by establishing
national emission standards.
The statute requires the EPA to establish standards to reflect the
maximum degree of reduction in HAP emissions through application of
maximum achievable control technology (MACT) to major sources. Section
112(a)(1) of the Act defines a major source as:
* * * any stationary source or group of stationary sources located
within a contiguous area and under common control that emits or has
the potential-to-emit considering controls, in the aggregate 10 tons
per year (tpy) or more of any HAP or 25 tpy or more of any
combination of HAP.
Section 112(d)(3) prescribes a minimum level of control for major
sources of HAP, referred to as the MACT floor.
Section 112(e)(5) of the Act required the EPA to promulgate a MACT
standard for publicly owned treatment works by November 15, 1995. Under
section 112(j)(2) (the ``MACT hammer''), if the EPA failed to
promulgate a POTW MACT standard by November 15, 1997, major sources in
the POTW category would be required to submit, within 18 months (by May
15, 1999), an application for a permit which would impose MACT
requirements on a case-by-case basis. Although the EPA was unable to
meet this deadline, on May 14, 1999, the EPA promulgated a rule (64 FR
26311) which extended the section 112(j) permit application deadline
for this source category until December 15, 1999. The obligation for
facilities to file a permit application under section 112(j)(2) is
eliminated by the promulgation of these final standards.
B. Stakeholder and Public Participation
As prescribed in section 112(n)(3) of the Act:
The Administrator may conduct, in cooperation with the owners
and operators of publicly owned treatment works, studies to
characterize emissions of hazardous air pollutants emitted by such
facilities, to identify industrial, commercial and residential
discharges that contribute to such emissions and to demonstrate
control measures for such emissions. When promulgating any standard
under this section applicable to publicly owned treatment works, the
Administrator may provide for control measures that include
pretreatment of discharges causing emissions of hazardous air
pollutants and process or product substitutions or limitations that
may be effective in reducing such emissions.
During the development of these final standards, representatives of
POTW and sanitation districts were extensively consulted. The EPA
worked closely with a trade association known as the Association of
Metropolitan Sewerage Agencies (AMSA) for approximately 7 years.
A database comprising information supplied by the AMSA was used in
the evaluation of HAP emissions and emissions control for POTW.
Estimates of organic HAP emissions from model
[[Page 57575]]
sources were developed by the EPA based on information supplied by the
AMSA, including most of the modeling inputs used for the EPA WATER8
emissions estimation model.
III. Summary of Promulgated Standards
This section provides a summary of the final standards contained in
40 CFR part 63, subpart VVV. The full regulatory text is printed in
today's document and is also available in Docket No. A-96-46, directly
from the EPA, or from the Technology Transfer Network (TTN) on the
EPA's electronic bulletin board. More information on how to obtain a
copy of the final regulation is provided in the SUPPLEMENTARY
INFORMATION section of this document.
A. Affected Sources and Applicability
The wastewater treatment plant at a POTW is the affected source for
this subpart. The subpart is applicable only to POTW that are located
at facilities which are major sources of HAP emissions. In addition,
the final rule exempts facilities which are not required to develop a
pretreatment program under 40 CFR part 403.
B. Requirements
The final standards for POTW do not require any additional controls
for existing non-industrial POTW treatment plants. New or reconstructed
non-industrial POTW treatment plants must reduce their HAP emissions.
This is accomplished by using covers and control devices on the POTW
treatment units up to, but not including, the secondary treatment
units.
In response to comments that the control requirements for new or
reconstructed non-industrial POTW were too prescriptive and did not
account for the differences between POTW treatment plants, the final
standards include an alternative compliance option. Using the available
HAP data provided by the trade association, the EPA calculated a
fraction emitted value equivalent to applying covers and control
devices on treatment units up to, but not including, the secondary
treatment units. Under this option, each month, facilities calculate
the fraction emitted by dividing the sum total of HAP emissions by the
sum total of HAP loading to the wastewater treatment plant. Facilities
must demonstrate that the annual rolling average of the fraction
emitted does not exceed 0.014. Facilities can use any combination of
pretreatment, wastewater treatment plant modifications, and control
devices to meet the fraction emitted limit.
The POTW which provide treatment and control for a waste stream
regulated by an industrial MACT are defined as industrial POTW
treatment plants. Under the industrial discharger's MACT, the POTW
provides air pollution control, generally under a contractual
agreement. Today's POTW standard makes these controls directly
enforceable on the POTW. An owner or operator of a new or reconstructed
industrial POTW treatment plant must comply with the existing source
MACT or the new or reconstructed MACT for non-industrial POTW,
whichever is more stringent.
IV. Summary of Impacts
There are approximately 16,000 POTW nationwide that receive and
treat approximately 113.6 million cubic meters per day (30 billion
gallons per day) of domestic, commercial, and industrial wastewater. It
was not possible to survey each facility and make a major source
determination. Although only six major sources have been identified,
the EPA knows that additional major sources will be subject to these
standards. Based on discussions with POTW representatives, the EPA
believes that these additional major sources do not have different
emission sources or controls than the six identified facilities.
Today's final rule does not add new requirements for these existing
facilities.
Several POTW have been identified as possible industrial POTW. In
addition, as more industrial NESHAP are promulgated, the EPA believes
that more POTW could be used by industries to comply with the
requirements of their industrial NESHAP. Today's final rule does not
require any additional control, but it does make the industrial NESHAP
control requirements directly enforceable on the POTW.
Current information from POTW representatives projects no new or
reconstructed major POTW for the next 5 years. Thus, the EPA does not
expect that any facilities will be required to apply the emission
controls included in today's final rule, and the EPA projects minimal
impacts from today's action.
V. Significant Comments and Changes to the Proposed Standards
Nineteen comment letters were received on the proposed rule. The
commenters included State and local air pollution agencies, owners and
operators of POTW, trade organizations, representatives of academia,
and private citizens. A detailed discussion of these comments and
responses can be found in the Background Information Document for the
Final Standards (EPA-453/R-99-008).
The EPA's review of the significant issues raised by the commenters
resulted in several changes to the proposed rule. This section
summarizes the significant comments and provides the EPA's response to
those comments.
A. Major Source Determination
The EPA developed a methodology which included a number of ways by
which a POTW could determine if their treatment plant was a major
source of HAP emissions. The methods developed were presented in a
tiered approach to provide maximum flexibility and were primarily
intended to assist the thousands of POTW treatment plants that are not
major sources. Several comments were received that opposed including
any methodology for major source determination.
Due to title V, part 70 determinations, a POTW and its local air
pollution regulatory authorities should have agreement on the methods
by which the POTW estimates emissions from wastewater treatment
operations. Therefore, the EPA has removed procedures for major source
determination, and has referred to 40 CFR part 63, Subpart A--General
Provisions, for the definition of a major source.
The procedures that were removed from the standards, along with
additional guidance, will be included in a future document on
estimating emissions from POTW. The EPA will continue to provide
assistance on the use of the WATER8 model. Requests for guidance on
emissions estimation for the purpose of major source determination will
be addressed on an ``as-needed'' basis, and may be obtained by
consulting the person listed in the FOR FURTHER INFORMATION CONTACT
section of today's final rule.
B. Co-Location With Other Sources of HAP Emissions
Several commenters believed that if a POTW treatment plant is not a
major source, then it should not be considered a major source if it is
co-located with another major source. These commenters recommended that
the emissions should be based on actual emissions from the wastewater
treatment portion of the POTW and should not include emissions from co-
located sources (e.g., portable internal combustion engines). -
The term ``major source'' is defined in 40 CFR part 63, Subpart A--
General Provisions, and includes the requirement for considering
emissions
[[Page 57576]]
and the potential for emissions from co-located sources when
determining major source status. Therefore, the major source
determination must be based on facility-wide emissions.
C. Control Requirements
Several commenters believed that it was inappropriate to require
POTW to be subject to Secs. 63.693 through 63.697 of 40 CFR part 63,
Subpart DD--National Emission Standards for Hazardous Air Pollutants:
Off-Site Waste and Recovery Operations. The commenters stated that the
best-controlled facility, on which the EPA based its MACT floor for new
and reconstructed facilities, does not comply with these standards.
In response to the comments, the EPA has removed requirements from
Secs. 63.693 through 63.697 of 40 CFR part 63 which are not appropriate
for POTW. In particular, the final rule does not require the use of an
organic vapor analyzer to check for leaks in either the closed-vent
system or the covers on tanks.
In addition, the EPA has added an alternative compliance option
based on a modeling study of the control requirements. This alternative
compliance option allows a new or reconstructed source to comply by
demonstrating, for units up to, but not including the secondary
treatment, that the weighted fraction emitted does not exceed 0.014
based on an annual average. Facilities calculate the weighted fraction
emitted by dividing the sum total of HAP emissions by the sum total of
HAP loading to the wastewater treatment plant.
A POTW may use any combination of pretreatment, wastewater
treatment plant modifications, and control devices to achieve this
performance standard. Facilities can determine the appropriate control
efficiency for a particular control device. However, the POTW must
document these calculations and demonstrate continuous compliance to
the Administrator's satisfaction. In this context, continuous
compliance refers to an annual rolling average of the fraction of the
HAPs in the wastewater treated by the POTW which are emitted to the
air.
D. Federally Owned Treatment Works
One commenter questioned whether Federally Owned Treatment Works
(FOTW) should be subject to this rulemaking. The commenter suggested
that FOTW should be excluded from the POTW source category because the
term ``publicly owned treated works'' has been used more narrowly in
other statutory contexts.
The EPA notes that many treatment works owned and operated by
municipalities, States, and intermunicipal or interstate agencies are
essentially the same in design, in operation, and in the types of
wastewater that are treated as treatment works operated by the Federal
government. Regulations developed under the Clean Water Act generally
require that both types of facilities meet the same control
requirements. EPA does not believe that it would be a constructive use
of governmental resources to promulgate a separate MACT standard for
FOTW. In addition, EPA believes that the inclusion of FOTW within the
POTW source category is consistent with the intent of the Federal
Facility Compliance Act of 1992.
EPA understands the confusion which could be caused by differences
in the meaning of the term ``publicly owned treatment works'' in
differing regulatory contexts. By including treatment works owned by
the Federal government in the POTW source category, EPA does not intend
to alter in any way the manner in which the term ``publicly owned
treatment works'' has been interpreted or applied under any other
statute or in any other regulation. Accordingly, EPA has revised the
definition of POTW in this rule both to recognize this distinction and
to confirm the intent of EPA to include FOTW in this source category.
VI. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and to 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 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 or 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 OMB has deemed this regulatory action significant and requested
review of this final rulemaking package. Therefore, the EPA submitted
this action to OMB for review. Changes made in response to OMB
suggestions or recommendations are documented in the public record.
B. 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 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 final rule is not subject to Executive Order 13045 because it
does not involve decisions on environmental health risks or safety
risks that may disproportionately affect children.
C. Paperwork Reduction Act
The information collection requirements in this final rule have
been submitted for approval to 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. 1891.02), and a copy may be obtained
from Sandy Farmer by mail at the OP Regulatory Information Division,
U.S. Environmental Protection Agency (2137), 401 M Street SW,
Washington, DC 20460, by e-mail at [email protected], or by calling
(202) 260-2740. A copy may also be downloaded off the Internet at
http://www.epa.gov/icr.
Generally, respondents are required to submit one-time reports of
(1) start of construction for new facilities, and (2) anticipated and
actual start-up dates for new facilities. For sources constructed or
reconstructed after the effective date of the relevant standard, the
regulation requires that the source submit an application for approval
of construction or reconstruction. The application is required to
contain information on the air pollution control that will be used for
each potential HAP emission point.
For POTW facilities, the public reporting and recordkeeping burden
is
[[Page 57577]]
estimated to average 41 hours per respondent per year. This estimate
includes time for preparing and submitting notices, preparing and
submitting demonstrations and applications, reporting releases,
gathering information, and preparing and submitting reports. No capital
costs are anticipated.
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.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, OP Regulatory Information Division, U.S. Environmental
Protection Agency (2137), 401 M Street SW, Washington, DC 20460; and to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street NW, Washington, DC 20503, marked
``Attention: Desk Officer for EPA.''
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of certain proposed and
final rules unless the agency certifies that the rule in question will
not have a significant economic impact on a substantial number of small
entities. The EPA's findings in this section are the result of the
statutory requirements of the RFA as amended by the Small Business
Regulatory Enforcement Fairness 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
economic impact on a substantial number of small entities. This final
rule will impose no new requirements on existing industrial or non-
industrial POTW treatment plants or new industrial POTW treatment
plants. The EPA is uncertain whether any new non-industrial POTW
treatment plants would be of sufficient size to be subject to this
rule, but the number of affected sources would be very small in any
case.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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.
F. 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 OMB 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 is required under section 112 (e)(5) of the Clean Air
Act. Accordingly, the requirements of section 1(a) of Executive Order
12875 do not apply to this rule.
In developing this rule, the EPA consulted with these governments
to enable them to provide meaningful and timely input in the
development of this rule. As discussed in section II.B of this
document, consultation opportunities included presumptive MACT
partnerships, stakeholder meetings, and participation on the internal
working group that prepared these final standards. State and local
regulatory agencies are expected to be in favor of this final rule.
Prior to publication of the proposed rule, some representatives of
local governments had expressed concerns about the emission models and
testing used to determine area source status. The EPA worked with these
representatives in developing this final rule, and their concerns
should be resolved with the publication of this final rule.
G. Executive Order 13084
Under Executive Order 13084, the EPA may not issue a regulation
that is
[[Page 57578]]
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to 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.''
This final rule does not significantly or uniquely affect the
communities of Indian tribal governments. This rule imposes no new
requirements on existing industrial or non-industrial POTW treatment
plants or new industrial POTW treatment plants. The EPA is uncertain
whether any new non-industrial POTW treatment plants will be of
sufficient size to be subject to this rule, but the number of affected
sources would be very small in any case and would not be likely to be
located in the communities of Indian tribal governments. Accordingly,
the requirements of section 3(b) of Executive Order 13084 do not apply
to this final rule.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 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 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 EPA decides
not to use available and applicable voluntary consensus standards.
This final rulemaking includes technical standards and requirements
for taking measurements. Consequently, the EPA searched for applicable
voluntary consensus standards by searching the National Standards
System Network (NSSN) database. The NSSN is an automated service
provided by the American National Standards Institute for identifying
available national and international standards.
The EPA searched for methods and tests required by this final rule,
all of which are methods or tests previously promulgated. This final
rule includes methods that measure: (1) Vapor leak detection (EPA
Method 21); (2) volatile organic compound concentration in vented gas
stream (EPA Method 18); (3) volumetric flow rate of the vented gas
stream (EPA Methods 2, 2A, 2C, or 2D); and (4) sampling site location
(Method 1 or 1A). These EPA methods are found in Appendix A to 40 CFR
parts 60, 63, and 136.
Except for EPA Methods 2 and 2C (Appendix A to 40 CFR part 60), no
other potentially equivalent methods for the methods and tests in the
rule were found in the NSSN database search. The EPA identified one
Chinese (Taiwanese) National Standard (CNS) which may potentially be an
equivalent method to EPA Methods 2 and 2C. The CNS method is CNS K9019
for measuring velocity and flow rates in stack gases.
However, the EPA does not believe that CNS K9019 is a voluntary
consensus method. It is unlikely that CNS K9019 was considered by
industry groups or national standards setting organizations, because it
was not developed in the U.S. and there is no available information
about it in the U.S.
To confirm this, the EPA requested comments at proposal on whether
any U.S. industry has adopted CNS K9019 as a voluntary consensus
method. The EPA also requested comments on whether any potential
voluntary consensus methods existed that could be allowed in addition
to the methods in the proposed rule. No potential voluntary consensus
methods were submitted with the public comments on the proposed version
of this final rule. The EPA interprets this to mean that no applicable
voluntary consensus standards are available for POTW.
I. Congressional Review Act
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 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. 804(2). This rule will be
effective October 26, 1999.
J. Executive Order 12612
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255, August 10, 1999)
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 (52 FR 41685, October 30, 1987) on federalism
still applies. This rule will not have a substantial direct effect on
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 12612.
This rule is not likely to have a substantial direct effect on States
because it imposes no new control requirements on existing treatment
works, and because the incremental cost of any required controls for
new sources would not be significant in the context of the construction
of new facilities. Moreover, since the authority to regulate any
affected sources will be routinely delegated to State permitting
authorities, this rule should have no substantial effect on the
relationship between the national government and the States or on the
distribution of power and responsibilities among the various levels of
government.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Pretreatment, Publicly owned treatment works, Reporting and
recordkeeping requirements.
Dated: October 15, 1999.
Carol M. Browner,
Administrator.
For reasons set out in the preamble, part 63, title 40, chapter I
of the Code of Federal Regulations is amended as follows:
[[Page 57579]]
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.
2. Part 63 is amended by adding subpart VVV to read as follows:
Subpart VVV--National Emission Standards for Hazardous Air Pollutants:
Publicly Owned Treatment Works
Sec.
Applicability
63.1580 Am I subject to this subpart?
63.1581 Does the subpart distinguish between different types of
POTW treatment plants?
Industrial POTW Treatment Plant Description and Requirements
63.1582 What are the characteristics of an industrial POTW
treatment plant?
63.1583 What are the emission points and control requirements for
an industrial POTW treatment plant?
63.1584 When do I have to comply?
63.1585 How does an industrial POTW treatment plant demonstrate
compliance?
Non-industrial POTW Treatment Plant Requirements
63.1586 What are the emission points and control requirements for a
non-industrial POTW treatment plant?
63.1587 When do I have to comply?
63.1588 What inspections must I conduct?
63.1589 What records must I keep?
63.1590 What reports must I submit?
General Requirements
63.1591 What are my notification requirements?
63.1592 Which General Provisions apply to my POTW treatment plant?
63.1593 How will the EPA determine if I am in compliance with this
subpart?
63.1594 Who enforces this subpart?
63.1595 List of definitions.
Table 1 to Subpart VVV--Applicability of 40 CFR Part 63 General
Provisions to Subpart VVV
Applicability
Sec. 63.1580 Am I subject to this subpart?
(a) You are subject to this subpart if the following are all true:
(1) You own or operate a publicly owned treatment works (POTW) that
includes an affected source (Sec. 63.1595);
(2) The affected source is located at a major source of hazardous
air pollutant (HAP) emissions; and
(3) Your POTW is required to develop and implement a pretreatment
program as defined by 40 CFR 403.8 (for a POTW owned or operated by a
municipality, state, or intermunicipal or interstate agency), or your
POTW would meet the general criteria for development and implementation
of a pretreatment program (for a POTW owned or operated by a
department, agency, or instrumentality of the Federal government).
Note to paragraph (a)(2): See Sec. 63.2 of the national emission
standards for hazardous air pollutants (NESHAP) general provisions
in subpart A of this part for a definition of major source.
(b) If your existing POTW treatment plant is not located at a major
source as of October 26, 1999, but thereafter becomes a major source
for any reason other than reconstruction, then, for the purpose of this
subpart, your POTW treatment plant would be considered an existing
source.
(c) If an industrial major source complies with applicable NESHAP
requirements by using the treatment and controls located at your POTW,
your POTW is considered to be a major source regardless of whether you
otherwise meet the applicable criteria.
(d) If you reconstruct your POTW treatment plant, then the
requirements for a new or reconstructed POTW treatment plant, as
defined in Sec. 63.1595, apply.
Sec. 63.1581 Does the subpart distinguish between different types of
POTW treatment plants?
Yes, POTW treatment plants are divided into two subcategories. A
POTW treatment plant which does not meet the characteristics of an
industrial POTW treatment plant belongs in the non-industrial POTW
treatment plant subcategory as defined in Sec. 63.1595.
Industrial POTW Treatment Plant Description and Requirements
Sec. 63.1582 What are the characteristics of an industrial POTW
treatment plant?
(a) Your POTW is an industrial POTW treatment plant if an
industrial discharger complies with its NESHAP by using the treatment
and controls located at your POTW. Your POTW accepts the regulated
waste stream and provides treatment and controls as an agent for the
industrial discharger. Industrial POTW treatment plant is defined in
Sec. 63.1595.
(b) If, in the future, an industrial discharger begins complying
with its NESHAP by using the treatment and controls at your POTW, then
on the date that the industrial discharger certifies compliance, your
POTW treatment plant will be considered an industrial POTW treatment
plant.
(c) If your POTW treatment plant accepts one or more specific
regulated industrial waste streams as part of compliance with one or
more other NESHAP, then you are subject to all the requirements of each
appropriate NESHAP for each waste stream, as described in the following
section. In the case of overlapping NESHAP requirements, the more
stringent of the requirements will apply.
Sec. 63.1583 What are the emission points and control requirements for
an industrial POTW treatment plant?
(a) The emission points and control requirements for an existing
industrial POTW treatment plant are specified in the appropriate
NESHAP(s) for the industrial user(s) (see Sec. 63.1582). For example,
an existing industrial POTW treatment plant that provides treatment for
a facility subject to subpart FF of this part, the National Emission
Standard for Benzene Waste Operations, must meet the treatment and
control requirements specified in Sec. 61.348(d)(4) of this chapter.
(b) The emission points and control requirements for a new or
reconstructed industrial POTW treatment plant are either those
specified by the particular NESHAP(s) which apply to the industrial
user(s) who discharge their waste for treatment to the POTW, or those
emission points and control requirements set forth in Sec. 63.1586. The
set of control requirements which applies to a particular new or
reconstructed POTW is that set which requires the most stringent
overall control of HAP emissions. If you are uncertain which set of
requirements is more stringent, this determination should be made in
consultation with the permitting authority. Reconstruction is defined
in Sec. 63.1595.
Sec. 63.1584 When do I have to comply?
(a) Existing industrial POTW treatment plant. If you have an
existing industrial POTW treatment plant, the appropriate NESHAP(s) for
the industrial user(s) sets the compliance date, or the compliance date
is 60 days after October 26, 1999, whichever is later.
(b) New industrial POTW treatment plant. If you have a new
industrial POTW treatment plant, you must be in compliance as soon as
you begin accepting the waste stream(s) for treatment. If you begin
accepting a specific regulated industrial waste stream(s) for
treatment, you must be in compliance by the time specified in the
appropriate NESHAP(s) for the industrial user(s).
Sec. 63.1585 How does an industrial POTW treatment plant demonstrate
compliance?
(a) An existing industrial POTW treatment plant demonstrates
compliance by operating treatment and control devices which meet all
[[Page 57580]]
requirements specified in the appropriate industrial NESHAP(s).
Requirements may include performance tests, routine monitoring,
recordkeeping, and reporting.
(b) If you have a new or reconstructed industrial POTW plant, you
must first determine whether the control requirements set forth in the
applicable industrial NESHAP(s) or the control requirements applicable
to a new or reconstructed nonindustrial POTW under Sec. 63.1586 would
require more stringent overall control of HAP emissions. You must then
meet whichever set of requirements is more stringent. If you determine
that the controls required by the applicable industrial NESHAP(s) are
more stringent, you demonstrate compliance by operating treatment and
control devices which meet all requirements specified in those
industrial NESHAP(s). If you determine that the controls required for a
new or reconstructed nonindustrial POTW are more stringent, you
demonstrate compliance by meeting all requirements in Secs. 63.1586
through 63.1590.
Non-industrial POTW Treatment Plant Requirements
Sec. 63.1586 What are the emission points and control requirements for
a non-industrial POTW treatment plant?
There are no control requirements for an existing non-industrial
POTW treatment plant. The control requirements for a new or
reconstructed non-industrial POTW treatment plant are as follows:
(a) Covers on the emission points up to, but not including, the
secondary influent pumping station or the secondary treatment units.
These emission points are treatment units that include, but are not
limited to, influent waste stream conveyance channels, bar screens,
grit chambers, grinders, pump stations, aerated feeder channels,
primary clarifiers, primary effluent channels, and primary screening
stations. In addition, all covered units, except primary clarifiers,
must have the air in the headspace ducted to a control device in
accordance with the standards for closed-vent systems and control
devices in Sec. 63.693 of subpart DD of this part, except you may
substitute visual inspections for leak checks rather than Method 21 of
Appendix A of part 60 of this chapter. Reconstructed is defined in
Sec. 63.1595.
(1) Covers must be tightly fitted and designed and operated to
minimize exposure of the wastewater to the atmosphere. This includes,
but is not limited to, the absence of visible cracks, holes, or gaps in
the roof sections or between the roof and the supporting wall; broken,
cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
(2) If wastewater is in a treatment unit, each opening must be
maintained in a closed, sealed position, unless plant personnel are
present and conducting wastewater or sludge sampling, or equipment
inspection, maintenance, or repair.
(b) As an alternative to the requirements in paragraph (a) of this
section, you may comply by demonstrating, for all units up to the
secondary influent pumping station or the secondary treatment units,
that the fraction emitted does not exceed 0.014. You must demonstrate
that for your POTW, the sum of all HAP emissions from those units
divided by the sum of all HAP mass loadings results in a annual rolling
average of the fraction emitted no greater than 0.014. You may use any
combination of pretreatment, wastewater treatment plant modifications,
and control devices to achieve this performance standard; however, you
must demonstrate, to the Administrator's satisfaction that:
(1) You have accurately determined your POTW's annual HAP mass
loadings and your POTW's annual HAP emissions as of the date of start-
up;
(2) Your POTW meets the fraction emitted standard of 0.014 or less;
and
(3) Your POTW has established procedures to demonstrate continuous
compliance which are consistent with the criteria set forth in
Sec. 63.1588(c)(4).
Sec. 63.1587 When do I have to comply?
If your POTW treatment plant began construction on or after
December 1, 1998, you must comply with all provisions of this subpart
either immediately upon startup, or by six months after October 26,
1999, whichever date is later.
Sec. 63.1588 What inspections must I conduct?
(a) If your treatment units are required to have covers, you must
conduct the following inspections:
(1) You must visually check the cover and its closure devices for
defects that could result in air emissions. Defects include, but are
not limited to, visible cracks, holes, or gaps in the roof sections or
between the roof and the supporting wall; broken, cracked, or otherwise
damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(2) You must perform an initial visual inspection with follow-up
inspections at least once per year.
(3) In the event that you find a defect on a treatment unit in use,
you must repair the defect within 45 days. If you cannot repair within
45 days, you must notify the EPA or the designated State authority
immediately and report the reason for the delay and the date you expect
to complete the repair. If you find a defect on a treatment unit that
is not in service, you must repair the defect prior to putting the
treatment unit back in wastewater service.
(b) If you own or operate a control device used to meet the
requirements for Sec. 63.1586, you must comply with the inspection and
monitoring requirements of Sec. 63.695(c) of subpart DD of this part.
(c) To comply with the performance standard specified in
Sec. 63.1586(b), you must develop an inspection and monitoring plan.
This inspection and monitoring plan must include, at a minimum, the
following:
(1) A method to determine, to the satisfaction of the
Administrator, the influent HAP mass loading, i.e., the annual mass
quantity for each HAP entering the wastewater treatment plant.
(2) A method to determine, to the satisfaction of the
Administrator, your POTW's annual HAP emissions for all units up to and
including the secondary influent pumping station or up to and not
including the secondary treatment units as of October 26, 1999. The
method you use to determine your HAP emissions, such as modeling or
direct source measurement, must:
(i) Be approved by your EPA Regional Office, State, or local
regulatory agency for use at your POTW;
(ii) Account for all factors affecting emissions from your plant
including, but not limited to, emissions from wastewater treatment
units; emissions resulting from inspection, maintenance, and repair
activities; fluctuations (e.g., daily, monthly, annual, seasonal) in
your influent wastewater HAP concentrations; annual industrial loading;
performance of control devices; or any other factors that could affect
your annual HAP emissions; and
(iii) Include documentation that the values and sources of all
data, operating conditions, assumptions, etc., used in your method
result in an accurate estimation of annual emissions from your plant.
(3) Documentation, to the satisfaction of the Administrator, that
your POTW meets the fraction emitted standard of 0.014 or less, i.e.,
the sum of all HAP emissions from paragraph (c)(2) of this section
divided by the sum of all HAP mass loadings from paragraph (c)(1) of
[[Page 57581]]
this section results in a fraction emitted of 0.014 or less as
described in paragraph (c)(4) of this section.
(4) A method to demonstrate, to the satisfaction of the
Administrator, that your POTW is in continuous compliance with the
requirements of Sec. 63.1586(b). Continuous compliance means that your
emissions, when averaged over the course of a year, do not exceed the
level of emissions that allows your POTW to comply with
Sec. 63.1586(b). For example, you may identify a parameter(s) that you
can monitor that assures your emissions, when averaged over the entire
year, will meet the requirements in Sec. 63.1586(b). Some example
parameters that may be considered for monitoring include your
wastewater influent HAP concentration and flow, industrial loading from
your permitted industrial dischargers, and your control device
performance criteria. Where emission reductions are due to proper
operation of equipment, work practices, or other operational
procedures, your demonstration must specify the frequency of
inspections and the number of days to completion of repairs. You must,
at a minimum, perform the following each month to demonstrate that your
annual rolling average of the fraction emitted is 0.014 or less:
(i) Determine the average daily flow of the wastewater entering
your POTW treatment plant for the month;
(ii) Determine the flow-weighted monthly concentration of each HAP
in your influent listed in Table 1 to subpart DD of this part;
(iii) Using the current month's information in paragraphs (c)(4)(i)
and (ii) of this section, determine a total annual loading (Mg/year) of
each HAP entering your POTW treatment plant;
(iv) Sum up the values in paragraph (c)(4)(iii) of this section and
determine a total annual loading value (Mg/year) for all HAP entering
your POTW treatment plant for the current month;
(v) Based on the current month's information in paragraph
(c)(4)(iii) of this section along with source testing and emission
modeling, for each HAP, determine annual emissions (Mg/year) from all
wastewater units up to, but not including, secondary treatment units;
(vi) Sum up the values in paragraph (c)(4)(v) of this section and
determine the total annual emissions value for the month for all HAP
from all wastewater units up to, but not including, secondary treatment
units;
(vii) Calculate the fraction emitted value for the month by
dividing the total annual HAP emissions value from paragraph (c)(4)(vi)
of this section by the total annual loading from paragraph (c)(4)(iv)
of this section; and
(viii) Average the fraction emitted value for the month determined
in paragraph (c)(4)(vii) of this section, with the values determined
for the previous 11 months, to calculate an annual rolling average of
the fraction HAP emitted.
Sec. 63.1589 What records must I keep?
(a) To comply with the equipment standard specified in
Sec. 63.1586(b), you must prepare and maintain the following records:
(1) A record for each treatment unit inspection required by
Sec. 63.1588(a). You must include a treatment unit identification
number (or other unique identification description as selected by you)
and the date of inspection.
(2) For each defect detected during inspections required by
Sec. 63.1588(a), you must record the location of the defect, a
description of the defect, the date of detection, the corrective action
taken to repair the defect, and the date the repair to correct the
defect is completed.
(3) In the event that repair of the defect is delayed, in
accordance with the provisions of Sec. 63.1588(a), you must also record
the reason for the delay and the date you expect to complete the
repair.
(4) If you own or operate a control device used to meet the
requirements for Sec. 63.1586, you must comply with the recordkeeping
requirements of Sec. 63.696(a), (b), (g), and (h).
(b) To comply with the performance standard specified in
Sec. 63.1586(b), you must prepare and maintain the following records:
(1) A record of the methods and data used to determine your POTW's
annual HAP emissions as determined in Sec. 63.1588(c);
(2) A record of the methods and data used to determine that your
POTW meets the fraction emitted standard of 0.014 or less, as
determined in Sec. 63.1588(c); and
(3) A record of the methods and data that demonstrates that your
POTW is in continuous compliance with the requirements of
Sec. 63.1588(c).
Sec. 63.1590 What reports must I submit?
(a)(1) If you have an existing nonindustrial POTW treatment plant,
you are not required to submit a notification of compliance status. If
you have a new or reconstructed nonindustrial POTW treatment plant, you
must submit to the Administrator a notification of compliance status,
signed by the responsible official who must certify its accuracy,
attesting to whether your POTW treatment plant has complied with this
subpart. This notification must be submitted initially, and each time a
notification of compliance status is required under this subpart. At a
minimum, the notification must list--
(i) The methods that were used to determine compliance;
(ii) The results of any monitoring procedures or methods that were
conducted;
(iii) The methods that will be used for determining continuing
compliance;
(iv) The type and quantity of HAP emitted by your POTW treatment
plant;
(v) A description of the air pollution control equipment (or
method) for each emission point; and
(vi) Your statement that your POTW treatment plant has complied
with this subpart.
(2) You must send this notification before the close of business on
the 60th day following the completion of the relevant compliance
demonstration activity specified in this subpart.
(b) After you have been issued a title V permit, you must comply
with all requirements for compliance status reports contained in your
title V permit, including reports required under this subpart. After
you have been issued a title V permit, and each time a notification of
compliance status is required under this subpart, you must submit the
notification of compliance status to the appropriate permitting
authority, as described in Sec. 63.1580(d), following completion of the
relevant compliance demonstration activity specified in this subpart.
(c) You must comply with the delay of repair reporting required in
Sec. 63.1588(a).
(d) If your State has not been delegated authority, you must submit
reports to your EPA Regional Office. If your State has been delegated
authority, you must submit reports to your delegated State authority,
and you must send a copy of each report submitted to the State to your
EPA Regional Office. Your EPA Regional Office, at its discretion, may
waive this requirement for any reports.
(e) You may apply to the Administrator for a waiver of
recordkeeping and reporting requirements by complying with the
requirements of Sec. 63.10(f) of subpart A of this part.
(f) If you own or operate a control device used to meet the
requirements of Sec. 63.1586(a), you must submit the reports required
by Sec. 63.697(b) of subpart DD of this part, including a notification
of performance tests; a performance test report; a startup,
[[Page 57582]]
shutdown, and malfunction report; and a summary report.
(g) To comply with the performance standard specified in
Sec. 63.1586(b), you must submit, for approval by the Administrator, an
initial report explaining your compliance approach 90 days prior to
beginning operation of your new or reconstructed POTW. You must also
submit a startup, shutdown, and malfunction report.
General Requirements
Sec. 63.1591 What are my notification requirements?
(a) If you are subject to this subpart, and your State has not been
delegated authority, you must submit notifications to the appropriate
EPA Regional Office. If your State has been delegated authority you
must submit notifications to your State and a copy of each notification
to the appropriate EPA Regional Office. The Regional Office may waive
this requirement for any notifications at its discretion.
(b) You must notify the Administrator in writing no later than 120
calendar days after the effective date of this subpart (or within 120
calendar days after your POTW treatment plant becomes subject to the
relevant standard), and you must provide the following information:
(1) Your name and address;
(2) The address (i.e., physical location) of your POTW treatment
plant;
(3) An identification of these standards as the basis of the
notification and your POTW treatment plant's compliance date; and
(4) A brief description of the nature, size, design, and method of
operation of your POTW treatment plant, including its operating design
capacity and an identification of each point of emission for each HAP,
or if a definitive identification is not yet possible, a preliminary
identification of each point of emission for each HAP.
(c) You must notify the Administrator if your data show that you
are no longer in continuous compliance.
Sec. 63.1592 Which General Provisions apply to my POTW treatment
plant?
Table 1 to this subpart lists the General Provisions (40 CFR part
63, subpart A) which apply to POTW treatment plants.
Sec. 63.1593 How will the EPA determine if I am in compliance with
this subpart?
(a) The Administrator will determine compliance with this subpart
by reviewing your reports and records or by inspecting your POTW
treatment plant.
(b) If you fail to comply with any or all of the provisions of this
subpart, you will be considered in violation of this subpart. For
example, failure to perform any or all of the following, specified in
Sec. 63.1588, would be a violation: failure to visually inspect the
cover on your treatment unit, failure to repair a defect on a treatment
unit in use within the specified time period, failure to report a delay
in repair, failure to determine your POTW's annual HAP emissions when
your new or reconstructed POTW becomes subject to this subpart, failure
to demonstrate that your POTW achieves an HAP fraction emitted of
0.014, or failure to demonstrate that your POTW is in continuous
compliance with the requirements of Sec. 63.1586(b).
(c) Your POTW treatment plant may be exempted from compliance with
this subpart if the President determines that the technology to
implement these standards is not available, and that it is in the
national security interests of the United States to do so. This
exemption may last for up to 2 years at a time and may be extended for
additional periods of up to 2 years each.
Sec. 63.1594 Who enforces this subpart?
If the Administrator has delegated authority to your State, then
the State enforces this subpart. If the Administrator has not delegated
authority to your State, then the EPA Regional Office enforces this
subpart.
Sec. 63.1595 List of definitions.
Affected source means the group of all equipment that comprise the
POTW treatment plant.
Area source means any stationary source of HAP that is not a major
source.
Cover means a device that prevents or reduces air pollutant
emissions to the atmosphere by forming a continuous barrier over the
waste material managed in a treatment unit. A cover may have openings
(such as access hatches, sampling ports, gauge wells) that are
necessary for operation, inspection, maintenance, and repair of the
treatment unit on which the cover is used. A cover may be a separate
piece of equipment which can be detached and removed from the treatment
unit, or a cover may be formed by structural features permanently
integrated into the design of the treatment unit. The cover and its
closure devices must be made of suitable materials that will minimize
exposure of the waste material to the atmosphere, to the extent
practical, and will maintain the integrity of the cover and its closure
devices throughout its intended service life.
Fraction emitted means the fraction of the mass of HAP entering the
POTW wastewater treatment plant which is emitted prior to secondary
treatment. The value is calculated using the following steps:
(1) Determine mass emissions from all equipment up to but not
including secondary treatment for each HAP listed in Table 1 to subpart
DD of this part;
(2) Sum the HAP emissions ();
(3) sum the HAP mass loadings (L) in the influent to the
POTW wastewater treatment plant; and
(4) Calculate the fraction emitted (femonthly) using
femonthly=E/L.
HAP means hazardous air pollutant(s).
Industrial POTW means a POTW that accepts a waste stream regulated
by an industrial NESHAP and provides treatment and controls as an agent
for the industrial discharger. The industrial discharger complies with
its NESHAP by using the treatment and controls located at the POTW. For
example, an industry discharges its benzene-containing waste stream to
the POTW for treatment to comply with 40 CFR part 61, Subpart FF--
National Emission Standard for Benzene Waste Operations. This
definition does not include POTW treating waste streams not
specifically regulated under another NESHAP.
Industrial user means a nondomestic source introducing any
pollutant or combination of pollutants into a POTW. Industrial users
can be commercial or industrial facilities whose wastes enter local
sewers.
Non-industrial POTW means a POTW that does not meet the definition
of an industrial POTW as defined above.
Publicly owned treatment works (POTW) means a treatment works, as
that term is defined by section 112(e)(5) of the Clean Air Act, which
is owned by a municipality (as defined by section 502(4) of the Clean
Water Act), a State, an intermunicipal or interstate agency, or any
department, agency, or instrumentality of the Federal Government. This
definition includes any intercepting sewers, outfall sewers, sewage
collection systems, pumping, power, and other equipment. The wastewater
treated by these facilities is generated by industrial, commercial, and
domestic sources. As used in this regulation, the term POTW refers to
both any publicly owned treatment works which is owned by a State,
municipality, or intermunicipal or interstate agency and therefore
eligible to receive grant assistance under the Subchapter II of the
Clean Water Act, and any federally owned treatment works as that term
is described in section 3023 of the Solid Waste Disposal Act.
[[Page 57583]]
POTW treatment plant means that portion of the POTW which is
designed to provide treatment (including recycling and reclamation) of
municipal sewage and industrial waste.
Reconstruction means the replacement of components of an affected
or a previously unaffected stationary source such 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 relevant standard(s) established by
the Administrator (or a State) pursuant to section 112 of the Act. Upon
reconstruction, an affected source, or a stationary source that becomes
an affected source, is subject to relevant standards for new sources,
including compliance dates, irrespective of any change in emissions of
HAP from that source.
Secondary treatment means treatment processes, typically
biological, designed to reduce the concentrations of dissolved and
colloidal organic matter in wastewater.
Waste and wastewater means a material, or spent or used water or
waste, generated from residential, industrial, commercial, mining, or
agricultural operations or from community activities that contain
dissolved or suspended matter, and that is discarded, discharged, or is
being accumulated, stored, or physically, chemically, thermally, or
biologically treated in a publicly owned treatment works.
Table 1 to Subpart VVV--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
General provisions reference Applicable to subpart VVV Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1................................. ................................... APPLICABILITY.
Sec. 63.1(a)(1)........................... Yes................................ Terms defined in CAAA.
Sec. 63.1(a)(2)........................... Yes................................ General applicability
explanation.
Sec. 63.1(a)(3)........................... Yes................................ Cannot diminish a stricter
NESHAP.
Sec. 63.1(a)(4)........................... Yes................................ Not repetitive. Doesn't apply
to section 112(r).
Sec. 63.1(a)(5)........................... Yes................................ Section reserved.
Sec. 63.1(a)(6)-(8)....................... Yes................................ Contacts and authorities.
Sec. 63.1(a)(9)........................... Yes................................ Section reserved.
Sec. 63.1(a)(10).......................... Yes................................ Time period definition.
Sec. 63.1(a)(11).......................... Yes................................ Postmark explanation.
Sec. 63.1(a)(12)-(14)..................... Yes................................ Time period changes.
Regulation conflict. Force
and effect of subpart A.
Sec. 63.1(b)(1)........................... Yes................................ Initial applicability
determination of subpart A.
Sec. 63.1(b)(2)........................... Yes................................ Operating permits by States.
Sec. 63.1(b)(3)........................... No................................. Subpart VVV specifies
recordkeeping of records of
applicability determination.
Sec. 63.1(c)(1)........................... Yes................................ Requires compliance with both
subpart A and subpart VVV.
Sec. 63.1(c)(2)(i)........................ Yes................................ State options regarding title
V permit.
Sec. 63.1(c)(2)(ii)-(iii)................. No................................. State options regarding title
V permit.
Sec. 63.1(c)(3)........................... Yes................................ Section reserved.
Sec. 63.1(c)(4)........................... Yes................................ Extension of compliance.
Sec. 63.1(c)(5)........................... No................................. Subpart VVV addresses area
sources becoming major due to
increase in emissions.
Sec. 63.1(d).............................. Yes................................ Section reserved.
Sec. 63.1(e).............................. Yes................................ Title V permit before a
relevant standard is
established.
Sec. 63.2................................. Yes................................ DEFINITIONS.
Sec. 63.3................................. Yes................................ UNITS AND ABBREVIATIONS.
Sec. 63.4................................. ................................... PROHIBITED ACTIVITIES AND
CIRCUMVENTION.
Sec. 63.4(a)(1)-(3)....................... Yes................................ Prohibits operation in
violation of subpart A.
Sec. 63.4(a)(4)........................... Yes................................ Section reserved.
Sec. 63.4(a)(5)........................... Yes................................ Compliance dates.
Sec. 63.4(b).............................. Yes................................ Circumvention.
Sec. 63.4(c).............................. Yes................................ Severability.
Sec. 63.5................................. ................................... CONSTRUCTION AND
RECONSTRUCTION.
Sec. 63.5(a)(1)........................... Yes................................ Construction and
reconstruction.
Sec. 63.5(a)(2)........................... Yes................................ New source--effective dates.
Sec. 63.5(b)(1)........................... Yes................................ New sources subject to
relevant standards.
Sec. 63.5(b)(2)........................... Yes................................ Section reserved.
Sec. 63.5(b)(3)........................... Yes................................ No new major sources w/out
Administrator approval.
Sec. 63.5(b)(4)........................... Yes................................ New major source notification.
Sec. 63.5(b)(5)........................... Yes................................ New major sources must comply.
Sec. 63.5(b)(6)........................... Yes................................ New equipment added considered
part of major source.
Sec. 63.5(c).............................. Yes................................ Section reserved.
Sec. 63.5(d)(1)........................... Yes................................ Implementation of section
112(I)(2)--application of
approval of new source
construction.
Sec. 63.5(d)(2)........................... Yes................................ Application for approval of
construction for new sources
listing and describing
planned air pollution control
system.
Sec. 63.5(d)(3)........................... Yes................................ Application for
reconstruction.
Sec. 63.5(d)(4)........................... Yes................................ Administrator may request
additional information.
Sec. 63.5(e).............................. Yes................................ Approval of reconstruction.
Sec. 63.5(f)(1)........................... Yes................................ Approval based on State
review.
[[Page 57584]]
Sec. 63.5(f)(2)........................... Yes................................ Application deadline.
Sec. 63.6................................. ................................... COMPLIANCE WITH STANDARDS AND
MAINTENANCE REQUIREMENTS.
Sec. 63.6(a).............................. Yes................................ Applicability of compliance
with standards and
maintenance requirements.
Sec. 63.6(b).............................. Yes................................ Compliance dates for new and
reconstructed sources.
Sec. 63.6(c).............................. Yes................................ Compliance dates for existing
sources apply to existing
industrial POTW treatment
plants.
Sec. 63.6(d).............................. Yes................................ Section reserved.
Sec. 63.6(e).............................. Yes................................ Operation and maintenance
requirements apply to new
sources.
Sec. 63.6(f).............................. Yes................................ Compliance with non-opacity
emission standards applies to
new sources.
Sec. 63.6(g).............................. Yes................................ Use of alternative non-opacity
emission standards applies to
new sources.
Sec. 63.6(h).............................. No................................. POTW treatment plants do not
typically have visible
emissions.
Sec. 63.6(i).............................. Yes................................ Extension of compliance with
emission standards applies to
new sources.
Sec. 63.6(j).............................. Yes................................ Presidential exemption from
compliance with emission
standards.
Sec. 63.7................................. ................................... PERFORMANCE TESTING
REQUIREMENTS.
Sec. 63.7(a).............................. Yes................................ Performance testing is
required for new sources.
Sec. 63.7(b).............................. Yes................................ New sources must notify the
Administrator of intention to
conduct performance testing.
Sec. 63.7(c).............................. Yes................................ New sources must comply with
quality assurance program
requirements.
Sec. 63.7(d).............................. Yes................................ New sources must provide
performance testing
facilities at the request of
the Administrator.
Sec. 63.7(e).............................. Yes................................ Requirements for conducting
performance tests apply to
new sources.
Sec. 63.7(f).............................. Yes................................ New sources may use an
alternative test method.
Sec. 63.7(g).............................. Yes................................ Requirements for data
analysis, recordkeeping, and
reporting associated with
performance testing apply to
new sources.
Sec. 63.7(h).............................. Yes................................ New sources may request a
waiver of performance tests.
Sec. 63.8................................. ................................... MONITORING REQUIREMENTS.
Sec. 63.8(a).............................. Yes................................ Applicability of monitoring
requirements.
Sec. 63.8(b).............................. Yes................................ Monitoring shall be conducted
by new sources.
Sec. 63.8(c).............................. Yes................................ New sources shall operate and
maintain continuous
monitoring systems (CMS).
Sec. 63.8(d).............................. Yes................................ New sources must develop and
implement a CMS quality
control program.
Sec. 63.8(e).............................. Yes................................ New sources may be required to
conduct a performance
evaluation of CMS.
Sec. 63.8(f).............................. Yes................................ New sources may use an
alternative monitoring
method.
Sec. 63.8(g).............................. Yes................................ Requirements for reduction of
monitoring data.
Sec. 63.9................................. ................................... NOTIFICATION REQUIREMENTS.
Sec. 63.9(a).............................. Yes................................ Applicability of notification
requirements.
Sec. 63.9(b).............................. Yes................................ Initial notification
requirements.
Sec. 63.9(c).............................. Yes................................ Request for extension of
compliance with subpart VVV.
Sec. 63.9(d).............................. Yes................................ Notification that source is
subject to special compliance
requirements as specified in
Sec. 63.6(b)(3) and (4).
Sec. 63.9(e).............................. Yes................................ Notification of performance
test.
Sec. 63.9(f).............................. No................................. POTW treatment plants do not
typically have visible
emissions.
Sec. 63.9(g).............................. Yes................................ Additional notification
requirements for sources with
continuous emission
monitoring systems.
Sec. 63.9(h).............................. Yes................................ Notification of compliance
status when the source
becomes subject to subpart
VVV.
Sec. 63.9(i).............................. Yes................................ Adjustments to time periods or
postmark deadlines or
submittal and review of
required communications.
Sec. 63.9(j).............................. Yes................................ Change of information already
provided to the
Administrator.
Sec. 63.10................................ ................................... RECORDKEEPING AND REPORTING
REQUIREMENTS.
Sec. 63.10(a)............................. Yes................................ Applicability of notification
and reporting requirements.
Sec. 63.10(b)(1)-(2)...................... Yes................................ General recordkeeping
requirements.
Sec. 63.10(b)(3).......................... No................................. Recording requirement for
applicability determination.
Sec. 63.10(c)............................. Yes................................ Additional recordkeeping
requirements for sources with
continuous monitoring
systems.
Sec. 63.10(d)............................. Yes................................ General reporting
requirements.
Sec. 63.10(e)............................. Yes................................ Additional reporting
requirements for sources with
continuous monitoring
systems.
Sec. 63.10(f)............................. Yes................................ Waiver of recordkeeping and
reporting requirements.
Sec. 63.11................................ ................................... FLARES AS A CONTROL DEVICE.
Sec. 63.11(a) and (b)..................... Yes................................ If a new source uses flares to
comply with the requirements
of subpart VVV, the
requirements of Sec. 63.11
apply.
Sec. 63.12................................ Yes................................ STATE AUTHORITY AND
DESIGNATION.
Sec. 63.13................................ Yes................................ ADDRESSES OF STATE AIR
POLLUTION CONTROL AGENCIES
AND EPA REGIONAL OFFICES.
[[Page 57585]]
Sec. 63.14................................ Yes................................ INCORPORATION BY REFERENCE.
Sec. 63.15................................ Yes................................ AVAILABILITY OF INFORMATION
AND CONFIDENTIALITY.
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[FR Doc. 99-27799 Filed 10-25-99; 8:45 am]
BILLING CODE 6560-50-P