[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]
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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.
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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
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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