[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Rules and Regulations]
[Pages 63702-63709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30229]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6478-8]
RIN 2060-AG91


National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology (Generic MACT)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; corrections.

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

SUMMARY: On June 29, 1999, we issued the National Emission Standards 
for Hazardous Air Pollutants: Generic Maximum Achievable Control 
Technology (Generic MACT) (64 FR 34854). This final rule corrections 
serve to clarify and correct errors in the promulgated rule.

EFFECTIVE DATE: November 22, 1999.

FOR FURTHER INFORMATION CONTACT: For information concerning these 
corrections amendments, contact 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 number: (919) 541-0837, facsimile: (919) 541-0942, 
electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated entities. Entities that will 
potentially be affected by these corrections are those that produce 
acetal resins, acrylic and modacrylic fiber, hydrogen fluoride, and 
polycarbonate and are major sources of hazardous air pollutants as 
defined in section 112 of the Clean Air Act (Act). The regulated 
categories and entities include the following:

------------------------------------------------------------------------
           Category                       Regulated entities a
------------------------------------------------------------------------
Industry.....................  Producers of homopolymers and/or
                                copolymers of alternating oxymethylene
                                units.
                               Producers of either acrylic fiber or
                                modacrylic fiber synthetics composed of
                                acrylonitrile (AN) units.
                               Producers of, and recoverers of HF by
                                reacting calcium fluoride with sulfuric
                                acid. For the purpose of implementing
                                the rule, HF production is not a process
                                that produces gaseous HF for direct
                                reaction with hydrated aluminum to form
                                aluminum fluoride (i.e., the HF is not
                                recovered as an intermediate or final
                                product prior to reacting with the
                                hydrated aluminum).
                               Producers of polycarbonate.
------------------------------------------------------------------------
a 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 we are now aware
  could potentially be regulated by this action. Other types of entities
  not listed in the table could also be regulated. To determine whether
  your facility, company, business, organization, etc., is regulated by
  this action, you should carefully examine the applicability criteria
  in Sec.  63.1104(a)(1), (b)(1), (c)(1), and (d)(1) of the rule. 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.

I. What Is the Background for the Corrections?

    On June 29, 1999 (64 FR 34854), we published the National Emission 
Standards for Hazardous Air Pollutants: Generic MACT final rule which 
promulgated standards for four major HAP source categories (i.e., 
acetal resins production, acrylic and modacrylic fiber production, 
hydrogen fluoride production, and polycarbonate production). The 
proposal for the Generic MACT rule was published on October 14, 1998 
(63 FR 55178), and given the size of the proposed rule, we allowed for 
a 90-day public comment period even though we were under a May 15, 1999 
court ordered deadline for the Administrator's signature of the final 
rule. Because of the short time period between proposal and 
promulgation and the many changes made to the proposal package, some 
inadvertent errors were made. Today's action consists of editorial, 
cross-reference, and clarifying corrections to the promulgated Generic 
MACT rule published on June 29, 1999 (64 FR 34854). These corrections 
will become effective immediately (without further rulemaking action) 
on November 22, 1999. We have determined that it is unnecessary to 
provide prior notice and opportunity to comment on these corrections. 
In one case, we determined an opportunity for public comment is 
warranted; we are proposing amendments to address this case in a 
separate notice.
    Today's action corrects typographical, grammatical, and cross-
reference errors. For example, as promulgated, 
Sec. 63.998(a)(1)(iii)(A) incorrectly referred the reader to 
Sec. 63.999(c)(8) for the requirement for an owner or operator to 
report times and duration of all periods during which the flare or all 
the pilot flames are absent. The correct citation for this requirement 
is Sec. 63.999(c)(3) and today's action makes the necessary changes to 
reflect the accurate citation. For another example, Sec. 63.1012(f) 
incorrectly includes a citation with two repetitive paragraph 
designations (i.e., Sec. 63.1003(e)(e)). Today's action corrects that 
error by removing one of those paragraph designations (i.e., 
Sec. 63.1003(e)).
    One of the corrections is in wording. We made an error in Table 2 
to Sec. 63.1103(b)(3)(i), item 4, that could result in control 
applicability errors. At promulgation, Table 2 to 
Sec. 63.1103(b)(3)(i), item 4, erroneously required that an owner or 
operator of a new or modified source that met specified criteria would 
be subject to new source requirements. We should have specified that an 
owner or operator of a new or reconstructed source, not modified 
source, that met specified criteria would be subject to new source 
requirements. We have corrected this error by replacing the word 
``modified'' with ``reconstructed.''

II. What Are the Impacts Associated With the Corrections?

    This action consists of corrections and clarifications of our 
intent at the time of

[[Page 63703]]

promulgation of 40 CFR part 63, subparts SS, TT, UU, WW, and YY, and 
will not affect the estimated emissions reduction or the control costs 
for the standards promulgated for AR, AMF, HF, and PC production source 
categories on June 29, 1999 (64 FR 34854). These clarifications and 
corrections should make it easier for owners and operators of affected 
sources, and for local and State authorities, to understand and 
implement the requirements found in these subparts.

III. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements in this rule were submitted 
for approval to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501, et seq. We submitted an 
Information Collection Request (ICR) document (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, 
SW, Washington, DC 20460 or by calling (202) 260-2740. We 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 approved the information collection 
requirements under the Generic MACT rule for the AR, AMF, HF, and PC 
production source categories and assigned the OMB control number 2060-
0420 to the ICR. This approval expires September 30, 2002.
    These corrections will not impact the information collection 
estimates made previously for the Generic MACT consolidated rulemaking 
package. Therefore, the ICR has not been revised.

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether the regulatory action is ``significant'' and 
therefore subject to review by OMB 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.
    Pursuant to the terms of Executive Order 12866, we have determined 
that these correcting amendments do not qualify as a ``significant 
regulatory action'' and, therefore, are not subject to review by OMB.

C. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the 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.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the Office of Management and Budget (OMB), in a 
separately identified section of the preamble to the rule, a federalism 
summary impact statement (FSIS). The FSIS must include a description of 
the extent of EPA's prior consultation with State and local officials, 
a summary of the nature of their concerns and the agency's position 
supporting the need to issue the regulation, and a statement of the 
extent to which the concerns of State and local officials have been 
met. Also, when EPA transmits a draft final rule with federalism 
implications to OMB for review pursuant to Executive Order 12866, EPA 
must include a certification from the agency's Federalism Official 
stating that EPA has met the requirements of Executive Order 13132 in a 
meaningful and timely manner.
    This final rule will not have substantial direct effects on the 
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 13132. 
This rule has minimal direct affects on the 10 plants which are 
impacted by this rule. This rule has even less impacts on States within 
which the plants reside. Thus, the requirements of section 6 of the 
Executive Order do not apply to this rule.

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

    The Regulatory Flexibility Act (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. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions.
    Today's corrections will not have a significant impact on a 
substantial number of small entities because they clarify and make 
corrections to the promulgated 40 CFR part 63, subparts SS, TT, UU, WW 
and YY, and do not impose any additional regulatory requirements on 
owners or operators of affected sources regulated by standards 
promulgated on June 29, 1999 (64 FR 34854).

E. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act (UMRA) of 
1995, Pub. L. 104-4, we 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 1 year. Section 203 requires us to establish a 
plan for obtaining input from and informing, educating, and advising 
any small governments that may be significantly or uniquely affected by 
the rule.
    Under section 205 of UMRA, we must identify and consider a 
reasonable number of regulatory alternatives before promulgating a rule 
for which a budgetary impact statement must be

[[Page 63704]]

prepared. The Agency must select the least burdensome alternative from 
those alternatives for State, local, and tribal governments and the 
private sector that achieves the objectives of the rule, unless the 
Agency explains why this alternative is not selected or unless the 
selection of this alternative is inconsistent with law.
    Because these corrections do not include a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
tribal governments, in the aggregate, or the private sector in any 1 
year, we have not prepared a budgetary impact statement or specifically 
addressed the selection of the least costly, most cost-effective, or 
least burdensome alternative. In addition, because small governments 
will not be significantly or uniquely affected by these correcting 
amendments, we are not required to develop a plan with regard to small 
governments. Therefore, the requirements of UMRA do not apply to this 
action.

G. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA of 1996, provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the corrections, to each House of the Congress and to the 
Comptroller General of the United States. Therefore, we will submit a 
report containing these corrections and other required information to 
the United States Senate, the United States House of Representatives, 
and the Comptroller General of the United States prior to publication 
in the Federal Register. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This action does not 
constitute a ``major rule'' as defined by 5 U.S.C. 804(2).

H. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 
U.S.C. 272 note), we are directed to use voluntary consensus standards 
instead of government-unique standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. By doing so, the Act is intended to reduce the cost to the 
private and public sectors.
    Voluntary consensus standards are technical standards (e.g., 
materials specifications, test methods, sampling procedures, etc.) that 
are developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), International Organization for Standardization (IOS), 
International Electrotechnical Commission (IEC), American Petroleum 
Institute (API), National Fire Protection Association (NFPA), and the 
Society of Automotive Engineers (SAE). The NTTAA requires that we 
provide Congress, through OMB, explanations when we decide not to use 
available and applicable voluntary consensus standards.
    As part of a larger effort, we are undertaking a project to cross-
reference existing voluntary consensus standards in testing, sampling, 
and analysis, with current and future EPA test methods. When completed, 
this project will assist us in identifying potentially applicable 
voluntary consensus standards that can then be evaluated for 
equivalency and applicability in determining compliance with future 
regulations.
    This action does not require the use of any new technical 
standards, therefore section 12(d) does not apply.

I. 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 we determine (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, we 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 us.
    These corrections are not subject to Executive Order 13045 because 
they do not constitute an economically significant regulatory action as 
defined by Executive Order 12866 and because they do not establish an 
environmental standard intended to mitigate health or safety risks.

J. Executive Order 13084

    Under Executive Order 13084, we 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 we consult with those 
governments. Under Executive Order 13084, if we comply by consulting, 
we are required to provide to OMB, in a separately identified section 
of the preamble to the rule, a description of the extent of our 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, we are required 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 corrections do not impose any duties or compliance costs on 
Indian tribal governments. Further, the corrections provided herein do 
not significantly alter the control standards imposed by subparts SS, 
TT, UU, WW, and YY, including any that may affect communities of Indian 
tribal governments. Hence, today's action does not significantly or 
uniquely affect the communities of Indian tribal governments. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this action.

List of Subjects for 40 CFR Part 63

    Acetal resins production, Acrylic and modacrylic fiber production, 
Air emissions control, Equipment leaks, Hazardous air pollutants, 
Hydrogen fluoride production, Polycarbonate production, Process vents, 
Reporting and recordkeeping requirements, Storage vessels.

    Dated: November 15, 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 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.

    2. Section 63.981 is amended by adding in alphabetical order a 
definition for recovery operations equipment as follows:


Sec. 63.981  Definitions.

* * * * *

[[Page 63705]]

    Recovery operations equipment means the equipment used to separate 
the components of process streams. Recovery operations equipment 
includes distillation units, condensers, etc. Equipment used for 
wastewater treatment shall not be considered recovery operations 
equipment.
* * * * *
    3. Section 63.982 is amended by revising paragraph (f)(1) as 
follows:


Sec. 63.982  Requirements.

* * * * *
    (f) * * *
    (1) Comply with the applicable requirements of this subpart for 
each kind of emissions in the stream (e.g., the requirements of 
paragraph (a)(2) of this section for process vents, and the 
requirements of paragraph (a)(3) of this section for transfer racks); 
or
* * * * *
    4. Section 63.983 is amended by revising paragraph (b)(1)(i)(B) as 
follows:


Sec. 63.983  Closed vent systems.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) Conduct annual inspections for visible, audible, or olfactory 
indications of leaks.
* * * * *
    5. Section 63.987 is amended by revising the last sentence of 
paragraph (c) as follows:


Sec. 63.987  Flare requirements.

* * * * *
    (c) * * * Flare flame monitoring and compliance records shall be 
kept as specified in Sec. 63.998(a)(1) and reported as specified in 
Sec. 63.999(a).
    6. Section 63.998 is amended by revising the last sentence of 
paragraph (a)(1)(iii)(A), revising the first sentence of paragraph 
(a)(2)(ii)(A), and revising paragraph (a)(2)(ii)(B)(6) as follows:


Sec. 63.998  Recordkeeping requirements.

    (a) * * *
    (1) * * *
    (iii) * * *
    (A) * * * This record shall be submitted in the periodic reports as 
specified in Sec. 63.999(c)(3).
* * * * *
    (2) * * *
    (ii) * * *
    (A) General requirements. Each owner or operator subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
continuous records of the data specified in paragraphs (a)(2)(ii)(B) 
through (C) of this section, as applicable, measured during each 
performance test performed pursuant to Sec. 63.988(b), Sec. 63.990(b), 
Sec. 63.994(b), or Sec. 63.995(b), and also include that data in the 
Notification of Compliance Status required under Sec. 63.999(b). * * *
    (B) * * *
    (6) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, record the percent reduction of organic 
regulated material or TOC, or the concentration of regulated material 
or TOC (parts per million by volume, by compound) determined as 
specified in Sec. 63.997(e)(2)(iii) at the outlet of the combustion 
device.
* * * * *
    7. Section 63.999 is amended by revising the last sentence of 
paragraph (c)(6)(i), and revising the first sentence of paragraph 
(c)(6)(iv) as follows:


Sec. 63.999  Notifications and other reports.

* * * * *
    (c) * * *
    (6) * * *
    (i) * * * If the owner or operator elects not to retain the daily 
average values pursuant to Sec. 63.998(b)(5)(ii)(A), the owner or 
operator shall report this in the Periodic Report.
* * * * *
    (iv) If the owner or operator has chosen to use the alternative 
recordkeeping requirements of Sec. 63.998(b)(5), and has not notified 
the Administrator in the Notification of Compliance Status that the 
alternative recordkeeping provisions are being implemented as specified 
in paragraph (b)(5) of this section, the owner or operator shall notify 
the Administrator in the Periodic Report submitted immediately 
preceding implementation of the alternative. * * *
* * * * *
    8. Section 63.1000 is amended by revising paragraph (c)(2) as 
follows:


Sec. 63.1000  Applicability.

* * * * *
    (c) * * *
    (2) Equipment in service less than 300 hours per calendar year. 
Equipment that is in regulated material service less than 300 hours per 
calendar year is excluded from the requirements of Secs. 63.1006 
through 63.1015 if it is identified as required in Sec. 63.1003(b)(5).
* * * * *
    9. Section 63.1001 is amended by revising the definitions for 
connector and first attempt at repair as follows:


Sec. 63.1001  Definitions.

* * * * *
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or 
glass-lined) as described in Sec. 63.1008(d)(2).
* * * * *
    First attempt at repair, for the purposes of this subpart, means to 
take action for the purpose of stopping or reducing leakage of organic 
material to the atmosphere, followed by monitoring as specified in 
Sec. 63.1004(b) and, as applicable, in Sec. 63.1004(c), as appropriate, 
to verify whether the leak is repaired, unless the owner or operator 
determines by other means that the leak is not repaired.
* * * * *
    10. Section 63.1002 is amended by revising the section heading, 
revising the heading for paragraph (a), and revising paragraph (b), 
introductory text, as follows:


Sec. 63.1002  Compliance assessment.

    (a) General procedures for compliance assessment. * * *
    (b) Alternative means of emission limitation. The provisions of 
paragraph (b) of this section do not apply to the performance standards 
of Sec. 63.1006(e)(4) for valves designated as having no detectable 
emissions, Sec. 63.1011(b) for pressure relief devices, or 
Sec. 63.1012(f) for compressors operating under the alternative 
compressor standard.
* * * * *
    11. Section 63.1003 is amended by revising the first sentence of 
paragraph (c)(2), revising paragraphs (c)(5)(i) and (e)(1) as follows:


Sec. 63.1003  Equipment identification.

* * * * *
    (c) * * *
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 63.1006(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this 
section apply. * * *
* * * * *
    (5) * * *
    (i) The owner or operator of equipment designated as unsafe-to-
monitor except connectors meeting the provisions of Sec. 63.1008(d)(1) 
according to the provisions of paragraph (c)(1) of this section shall 
have a written plan

[[Page 63706]]

that requires monitoring of the equipment as frequently as practical 
during safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in Sec. 63.1005 if a leak is detected.
* * * * *
    (e) * * *
    (1) Designation and criteria. Equipment may be designated as having 
no detectable emissions if it has no external actuating mechanism in 
contact with the process fluid and is operated with emissions less than 
500 parts per million above background as determined by the method 
specified in Sec. 63.1004(b) and (c).
* * * * *
    12. Section 63.1004 is amended by revising the second sentence of 
paragraph (c), introductory text, and paragraph (c)(1) as follows:


Sec. 63.1004  Instrument and sensory monitoring for leaks.

* * * * *
    (c) * * * If an owner or operator elects not to adjust instrument 
readings for background, the owner or operator shall monitor the 
equipment according to the procedures specified in paragraphs (b)(1) 
through (b)(5) of this section. * * *
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this 
section shall apply.
* * * * *
    13. Section 63.1005 is amended by revising paragraph (d) as 
follows:


Sec. 63.1005  Leak repair.

* * * * *
    (d) Unsafe-to-repair connectors. Any connector that is designated, 
as described in Sec. 63.1003(d), as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 63.1008(c), and paragraph (a) of 
this section.
* * * * *
    14. Section 63.1012 is amended by revising the first sentence of 
paragraph (f)(1) as follows:


Sec. 63.1012  Compressor standards.

* * * * *
    (f) * * *
    (1) Any compressor that is designated as described in 
Sec. 63.1003(e) as operating with no detectable emissions shall operate 
at all times with an instrument reading of less than 500 parts per 
million. * * *
* * * * *
    15. Section 63.1026 is amended by revising paragraph (e)(6) as 
follows:


Sec. 63.1026  Pumps in light liquid service standards.

* * * * *
    (e) * * *
    (6) Unsafe-to-monitor pumps. Any pump that is designated, as 
described in Sec. 63.1022(c)(1), as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section, the monitoring 
and inspection requirements of paragraphs (e)(1)(v) through (viii) of 
this section, and the owner or operator shall monitor and inspect the 
pump according to the written plan specified in Sec. 63.1022(c)(4).
    16. Section 63.1029 is amended by revising the first sentence of 
paragraph (b)(1) as follows:


Sec. 63.1029  Pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in liquid service, and instrumentation 
systems standards.

* * * * *
    (b) * * *
    (1) Monitoring method. Unless otherwise specified in 
Sec. 63.1021(b), Sec. 63.1036, or Sec. 63.1037, the owner or operator 
shall comply with paragraphs (b)(1) and (b)(2) of this section. * * *
* * * * *
    17. Section 63.1100 is amended by revising the first sentence of 
paragraph (d)(4), introductory text, and revising paragraph (d)(4)(ii), 
introductory test, as follows:


Sec. 63.1100  Applicability.

* * * * *
    (d) * * *
    (4) The determination of the primary product for a process unit, 
including the assessment of applicability of this subpart to process 
units that are designed and operated as flexible operation units, shall 
be reported in the Notification of Compliance Status report required by 
Sec. 63.1110(a)(4) when the primary product is determined to be a 
product produced by a source category subject to requirements under 
this subpart. * * *
    (ii) If the process unit is designed and operated as a flexible 
operation unit, the information specified in paragraphs (d)(4)(ii)(A) 
and (B) of this section, as appropriate.
* * * * *
    18. Section 63.1101 is amended by revising the definition for total 
resource effectiveness index value as follows:


Sec. 63.1101  Definitions.

* * * * *
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based 
on vent stream flow rate, emission rate of organic HAP, net heating 
value, and corrosion properties (whether or not the vent stream 
contains halogenated compounds), as quantified by the equations given 
under Sec. 63.1104(j).
* * * * *
    19. Section 63.1103 is amended by revising entry 4 of table 2 of 
paragraph (b)(3)(i), revising entry 6 of table 5 of paragraph (d)(3), 
and revising table 6 of paragraph (d)(3) as follows:


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

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

[[Page 63707]]



 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* * *
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
4. A fiber spinning line      The lines use a spin  a. Reduce
 that is a new or              dope produced from    acrylonitrile
 reconstructed source.         either a suspension   emissions by 85
                               polymerization        weight-percent or
                               process or solution   more. (For example,
                               polymerization        by enclosing the
                               process,.             spinning and
                                                     washing areas of
                                                     the spinning line
                                                     (as specified in
                                                     paragraph (b)(4) of
                                                     this section) and
                                                     venting through a
                                                     closed vent system
                                                     and using any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a), of this
                                                     part); or
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.25 kilograms
                                                     of acrylonitrile
                                                     per megagram (0.5
                                                     pounds of
                                                     acrylonitrile per
                                                     ton) of acrylic and
                                                     modacrylic fiber
                                                     produced; or
                                                    c. Reduce the AN
                                                     concentration of
                                                     the spin dope to
                                                     less than 100 ppmw.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

    (d) * * *
    (3) * * *

   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. . .
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
6. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts weight-      subpart TT
                               percent total         (national emission
                               organic HAPe, and     standards for
                               operates  300 hours per     (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------

* * * * *

   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. . .
------------------------------------------------------------------------
1. A storage vessel with: 38  13.1 kilopascals maximum true   of total organic
 eq>capacity <151 cubic        vapor pressure of     HAP by 95 weight-
 meters.                       total organic HAP     percent by venting
                               <76.6 kilopascals.    emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters capacity.                  total organic HAP     by 98 weight-
                               is 5.2     percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.

[[Page 63708]]

 
3. A storage vessel with: 38  The maximum true      Reduce emissions of
 cubic meters capacity <151 cubic        total organic HAP     by 95 weight-
 meters.                       is 76.6    percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a a TREb,c a.  eq>9.6.               HAP by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; and
                                                    Vent emissions
                                                     through a closed
                                                     vent system to a
                                                     halogen reduction
                                                     device meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per
                                                     hourd, whichever is
                                                     less stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part; and
                                                    Reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 9.6
5. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of 40
                               contacts  5 weight-         (national emission
                               percent organic       standards for
                               HAPe, and operates    equipment leaks
                                300       (control level 1))
                               hours per year.       or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
a Combined vent streams shall use the applicability determination
  procedures and methods for process vents from continuous unit
  operations (Sec.  63.1104).
b The TRE equation coefficients for halogenated streams (table 7 of this
  subpart) shall be used to calculate the TRE index value.
c The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contributions of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
d The mass emission rate of halogen atoms contained in organic compounds
  is determined according to the procedures specified in Sec.
  63.1104(i).
e The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec.  63.1107.

    20. Section 63.1104 is amended by revising paragraphs (f) 
introductory text, and (j)(1) as follows:


Sec. 63.1104  Process vents from continuous unit operations: 
applicability assessment procedures and methods.

* * * * *
    (f) Volumetric flow rate. The process vent volumetric flow rate 
(QS), in standard cubic meters per minute at 20  deg.C, 
shall be determined as specified in paragraph (f)(1) or (2) of this 
section and shall be recorded as specified in Sec. 63.1109(d).
* * * * *
    (j) * * *

[[Page 63709]]

    (1) TRE index value equation. The equation for calculating the TRE 
index value is Equation 5:

TRE = 1/EHAP*[A+B(QS)+ C(HT)+ 
D(ETOC)]  [Eq. 5]

Where:

TRE = TRE index value.
A, B, C, D = Coefficients presented in table 1 of this section.
EHAP = Emission rate of total organic HAP, kilograms per 
hour, as calculated according to paragraph (h) or (k) of this section.
QS = process vent flow rate, standard cubic meters per 
minute, at a standard temperature of 20  deg.C, as calculated according 
to paragraph (f) or (k) of this section.
HT = process vent net heating value, megaJoules per standard 
cubic meter, as calculated according to paragraph (g) or (k) of this 
section.
ETOC = Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated according to paragraph (h) or (k) of 
this section.
* * * * *
    21. Section 63.1108 is amended by revising the second sentence of 
paragraph (b)(1), and by revising the first sentence of paragraph 
(b)(2) as follows:


Sec. 63.1108  Compliance with standards and operation and maintenance 
requirements.

* * * * *
    (b) * * *
    (1) * * * For each excursion except for excused excursions (as 
described in Sec. 63.998(b)(6)(ii)), and as provided for in paragraph 
(b)(2) of this section the owner or operator shall be deemed to have 
failed to have applied the control in a manner that achieves the 
required operating conditions.
    (2) Parameter monitoring: Excursions. An excursion is not a 
violation in cases where continuous monitoring is required and the 
excursion does not count toward the number of excused excursions (as 
described in Sec. 63.998(b)(6)(ii)), if the conditions of paragraph 
(b)(2)(i) or (ii) of this section are met. * * *
* * * * *
    22. Section 63.1110 is amended by revising paragraph (e)(2) as 
follows:


Sec. 63.1110  Reporting requirments.

* * * * *
    (e) * * *
    (2) Due date. The Periodic Report shall be submitted no later than 
60 days after the end of each 6-month period. The first report shall 
cover the 6-month period after the Notification of Compliance Status 
report is due. The first report shall be submitted no later than the 
last day of the month that includes the date 8 months (6 months and 60 
days) after the Notification of Compliance Status report is due.
* * * * *
[FR Doc. 99-30229 Filed 11-19-99; 8:45 am]
BILLING CODE 6560-50-P