[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Rules and Regulations]
[Pages 3276-3330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1]



[[Page 3275]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Amino/
Phenolic Resins Production; Final Rule

  Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / 
Rules and Regulations  

[[Page 3276]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6513-4]
RIN 2060-AE36


National Emission Standards for Hazardous Air Pollutants for 
Amino/Phenolic Resins Production

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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SUMMARY:  This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) to reduce emissions of hazardous air 
pollutants (HAPs) from existing and new facilities that manufacture 
amino or phenolic resins. The EPA has identified these facilities as 
major sources of HAPs emissions. These final standards are estimated to 
reduce organic HAP emissions from major existing sources by 361 tons 
per year, representing a 51 percent reduction from baseline emissions. 
This estimate is presented for 40 major existing facilities only, since 
no new facilities are projected to be constructed in the next three 
years. The major HAPs emitted by sources covered by the final rule 
include formaldehyde, methanol, phenol, xylene, and toluene. This rule 
implements section 112(d) of the Clean Air Act Amendments of 1990 (CAA) 
and is based on the Administrator's determination that the Amino/
Phenolic Resins Production source category emits HAPs identified on the 
list of HAPs in CAA section 112(b). The emissions reductions achieved 
by these standards, when combined with the emissions reductions 
achieved by other similar standards, will provide protection to the 
public and achieve a primary goal of the CAA.
    This action also announces a final change to the source category 
list to combine the Amino Resins and Phenolic Resins source categories 
into one category: the Amino/Phenolic Resins Production source 
category.

EFFECTIVE DATE:  January 20, 2000. See the SUPPLEMENTARY INFORMATION 
section concerning judicial review.

ADDRESSES:  Docket. Docket No. A-92-19 contains supporting information 
used in developing the standards and is located at the U.S. 
Environmental Protection Agency, 401 M Street SW, Washington, D.C. 
20460 in Room M-1500, Waterside Mall (ground floor), and may be 
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding 
legal holidays.
    Background Information Document. The background information 
document (BID) containing a summary of all the public comments received 
on the proposed rule and the Administrator's responses to comments may 
be obtained from the docket for this rule or through the Internet at 
http://www.epa.gov/ttn/oarpg, or from the U.S. Environmental Protection 
Agency Library (MD-35), Research Triangle Park, North Carolina 27711, 
telephone (919) 541-2777. The responses provided in section VII of this 
preamble to significant comments received on the rule are abbreviated. 
A full discussion of the comments and our responses to them can be 
found in the BID.

FOR FURTHER INFORMATION CONTACT:  For information concerning this rule, 
contact Mr. John Schaefer, US EPA, Office of Air Quality Planning and 
Standards, Research Triangle Park, NC 27711, telephone (919) 541-0296, 
e-mail: [email protected]. For information concerning applicability 
and rule determinations, contact your State or local representative or 
the appropriate EPA Regional Office representatives.

SUPPLEMENTARY INFORMATION:
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of this 
rulemaking. The docket is a dynamic file because material is added 
throughout the rulemaking process. The docketing system is intended to 
allow members of the public and industries involved to readily identify 
and locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated standards 
and their preambles, the contents of the docket will serve as the 
record in case of judicial review. (See section 307(d)(7)(A) of the 
CAA.) The regulatory text and other materials related to this 
rulemaking are available for review in the docket or copies may be 
mailed on request from the Air Docket by calling (202) 260-7548. A 
reasonable fee may be charged for copying docket materials.
    Technology Transfer Network. In addition to being available in the 
docket, an electronic copy of today's final rule is also available 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the rule will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules via the internet at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN Help Line at (919) 541-5384.

EPA Regional Offices

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

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                                         Standard Industrial         North American
               Category                  Classification (SIC)    Classification System    Examples of regulated
                                                codes                (NAICS) codes               entities
----------------------------------------------------------------------------------------------------------------
Industry.............................  Typically, 2821........  Typically, 325211......  Facilities which
                                                                                          manufacture amino/
                                                                                          phenolic resins.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the

[[Page 3277]]

applicability criteria in section 63.1400 of 40 CFR part 63. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the persons listed in the preceding 
SUPPLEMENTARY INFORMATION section.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this rule is available only by filing a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit by March 20, 2000. Under section 307(b)(2) of the CAA, the 
requirements established by today's promulgated rule may not be 
challenged later in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. What is the Subject and Purpose of This Rule?
II. Does This Rule Apply to Me?
III. What Procedures Did We Follow To Develop the Rule?
    A. Source of Authority and Criteria for NESHAPs Development
    B. Regulatory Background
IV. What Are the Requirements of the Rule?
    A. Summary of the Standards
    B. Compliance and Performance Test Provisions
    C. Monitoring Requirements
    D. Recordkeeping and Reporting Requirements
V. What Did We Consider in Developing the Rule?
    A. Relationship to Other Rules
    B. Stakeholder and Public Participation
VI. What Are the Impacts of the Standards?
    A. Primary Air Impacts
    B. Non-Air Environmental Impacts
    C. Energy Impacts
    D. Cost Impacts
    E. Economic Impacts
VII. What Significant Comments Did We Consider and What Major 
Changes Did We Make to the Proposed Standards?
VIII. What Are the Administrative Requirements of the Rule?
    A. Executive Order 12866
    B. Executive Order 13084
    C. Executive Order 13045
    D. Executive Order 13132
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act

I. What is the Subject and Purpose of This Rule?

    On July 16, 1992 (57 FR 31576), we published an initial list of 
major and area source categories to be regulated for emissions of HAPs. 
The Amino Resins Production and Phenolic Resins Production source 
categories were recorded separately on that initial list.
    As we discussed in the proposal preamble (63 FR 68833), the 
manufacturing processes, the emission characteristics, and applicable 
control technologies for facilities in these two source categories are 
similar. Also, commenters on the proposed rule generally agreed that 
these two source categories should be regulated as one category. Based 
on these factors, we are announcing the final action to revise the 
source category list, published under section 112(c) of the CAA, to 
combine the Amino Resins Production and the Phenolic Resins Production 
source categories into a new category called ``Amino/Phenolic Resins 
Production.''
    This rule protects air quality and promotes the public health by 
reducing emissions of some of the HAPs listed in section 112(b)(1) of 
the CAA. The HAPs emitted by amino/phenolic resin facilities include 
formaldehyde, methanol, phenol, toluene, and xylene. Exposure to these 
compounds at certain levels has been demonstrated to cause adverse 
health effects, including chronic health disorders (e.g., cancer, 
aplastic anemia, pulmonary (lung) structural changes), acute health 
disorders (e.g., dyspnea (difficulty in breathing)), and neurotoxic 
effects.
    Formaldehyde is the only HAP associated with this source category 
that has been classified as a probable human carcinogen (Group B1). 
Both acute (short-term) and chronic (long-term) exposure to 
formaldehyde irritates the eyes, nose, and throat, and may cause 
coughing, chest pains, and bronchitis. Reproductive effects, such as 
menstrual disorders and pregnancy problems, have been reported in 
female workers exposed to formaldehyde. Limited human studies have 
reported an association between formaldehyde exposure and lung and 
nasopharyngeal cancer. Animal inhalation studies have reported an 
increased incidence of nasal squamous cell cancer.
    Short-term exposure to methanol by humans through inhalation or 
ingestion may result in visual disturbances such as blurred or dim 
vision, leading to blindness. Damage to the nervous system, including 
permanent motor dysfunction, may also result. Long-term inhalation or 
oral exposure to methanol may cause conjunctivitis, headache, 
giddiness, insomnia, gastric disturbances, visual disturbances, and 
blindness in humans. No information is available on the reproductive or 
developmental effects of methanol in humans. Birth defects have been 
observed in the offspring of rats exposed to methanol by inhalation.
    Inhalation and dermal exposure to phenol is highly irritating to 
the skin, eyes, and mucous membranes in humans. Oral exposure to phenol 
may cause muscle weakness and tremors, loss of coordination, paralysis, 
convulsions, coma, and respiratory arrest. Limited studies on chronic 
inhalation exposure to phenol in humans have reported liver injury and 
effects on the heart. No studies of developmental or reproductive 
effects of phenol in humans are available, but animal studies have 
reported reduced fetal body weights, growth retardation, and abnormal 
development in the offspring of animals exposed to phenol by the oral 
route.
    Short-term inhalation of mixed xylenes (a mixture of three closely-
related compounds) in humans may cause irritation of the nose and 
throat, nausea, vomiting, gastric irritation, mild transient eye 
irritation, and neurological effects. Long-term inhalation of xylenes 
in humans may result in nervous system effects such as headache, 
dizziness, fatigue, tremors, and incoordination. Other reported effects 
include labored breathing, heart palpitation, severe chest pain, 
abnormal electrocardiograms, and possible effects on the blood and 
kidneys.
    Acute inhalation of toluene by humans may cause effects to the 
central nervous system (CNS), such as fatigue, sleepiness, headache, 
nausea, and irregular heartbeat. Adverse CNS effects have been reported 
in chronic abusers exposed to high levels of toluene. Symptoms include 
tremors, decreased brain size, involuntary eye movements, and impaired 
speech, hearing, and vision. Chronic inhalation exposure by humans to 
lower levels of toluene also causes irritation of the upper respiratory 
tract, eye irritation, sore throat, nausea, dizziness, headaches, and 
difficulty with sleep. Studies of children of pregnant women exposed by 
inhalation to toluene or to mixed solvents have reported CNS problems, 
facial and limb abnormalities, and delayed development. However, these 
effects may not be attributable to toluene alone.
    As stated in the proposal preamble, we do not have the type of 
current detailed data on each of the amino/phenolic resin facilities 
covered by the rule, and the people living around the facilities, that 
would be necessary to conduct an analysis to determine the actual 
population exposures to the HAPs emitted from these facilities and 
potential for resultant health effects.

II. Does This Rule Apply to Me?

    This rule applies to you if you own or operate a amino/phenolic 
resins production unit that is located at a facility that is a major 
source of HAPs emissions. You do not have to comply with the rule if 
your facility is a non-

[[Page 3278]]

major (area) source. If your facility is a major source under this 
rule, each group of one or more amino/phenolic resin process units 
(APPU), plus heat exchange systems and equipment used to comply with 
the rule such as control and recovery devices, are subject to the rule. 
Each group of one or more APPU and associated equipment is known as the 
affected source. You are required to meet the standards for organic 
HAPs emissions from the following emission points at affected sources: 
storage vessels, continuous process vents, batch process vents (reactor 
and non-reactor), heat exchange systems, and equipment leaks. These 
standards apply to existing and new affected sources.

III. What Procedures Did We Follow To Develop the Rule?

A. Source of Authority and Criteria for NESHAPs Development

    Section 112 of the CAA gives us the authority to establish national 
standards to reduce air emissions from major sources that emit one or 
more HAPs. Section 112(b) of the CAA lists 188 chemicals, compounds, or 
groups of chemicals as HAPs. This rule implements section 112(d) of the 
Act, which requires us to regulate sources of HAPs listed in section 
112(b) of the CAA.
    Section 112(a)(1) of the CAA defines a major source as:

    * * * any stationary source or group of stationary sources 
located within a contiguous area and under common control that emits 
or has the potential to emit considering controls, in the aggregate, 
10 tons per year or more of any hazardous air pollutant or 25 tons 
per year or more of any combination of hazardous air pollutants. * * 
*

    Section 112(d) requires us to develop standards to control HAPs 
emissions from both new and existing sources. The statute requires the 
standards to reflect the maximum degree of reduction in HAPs emissions 
that is achievable. This control level is referred to as maximum 
achievable control technology (MACT). New source MACT must be at least 
as stringent as ``the emission control achieved in practice by the best 
controlled similar source.'' Existing source MACT must be at least as 
stringent as ``the average emission limitation achieved by the best 
performing 12 percent of the existing sources (for which the 
Administrator has emissions information).'' These minimum stringency 
levels are known as ``MACT floors.'' Consideration of control levels 
more stringent than the MACT floor must reflect consideration of the 
cost of achieving the emission reduction, any non-air quality health 
and environmental impacts, and energy requirements. Section 112(h) 
identifies two conditions under which it is not considered feasible to 
prescribe or enforce emission standards. These conditions include (1) 
if the HAPs cannot be emitted through a conveyance device, or (2) if 
the application of measurement methodology to a particular class of 
sources is not practicable due to technological or economic 
limitations. If emission standards are not feasible to prescribe or 
enforce, then the Administrator may instead promulgate equipment, work 
practice, design, or operational standards, or a combination thereof.

B. Regulatory Background

    We proposed the standards in the Federal Register on December 14, 
1998 (63 FR 68832). In the proposal preamble, we described the approach 
used to collect and evaluate information pertaining to the MACT floor. 
As required by the statute (section 112(d)(2) of the Act), we 
considered regulatory alternatives more stringent than the MACT floor:

    * * * taking into consideration the cost of achieving such 
emission reduction, and any non-air quality health and environmental 
impacts and energy requirements. * * *

In section VII of this preamble, we present major comments and changes 
made to the proposed rule for reactor and non-reactor batch process 
vents, continuous process vents, storage vessels, equipment leaks, 
wastewater, and heat exchange systems.
    For the final rule, we used the Generic MACT (GMACT) (40 CFR part 
63, subparts SS, UU, and WW) for continuous process vents, equipment 
leaks, and storage tanks. We modeled the batch process vent provisions 
after the Group IV Polymers and Resins NESHAP (40 CFR part 63, subpart 
JJJ). In December 1996, petitions for review of the promulgated rules 
for the Group I and IV Polymers and Resins NESHAP were filed. The 
petitioners raised many technical issues and concerns with the drafting 
clarity of these rules. On March 9, 1999 (64 FR 11560), we proposed 
correcting amendments to these rules to address the petitioners' issues 
and any inconsistencies that were discovered during the review process. 
For purposes of clarity and consistency, we incorporated several 
changes from the March 9 proposal into this rule. The BID contains a 
summary of the litigation-based changes that were proposed to the Group 
IV Polymers and Resins NESHAP that are applicable to this rule.

IV. What are the requirements of the Rule?

A. Summary of the Standards

    We are summarizing the promulgated standards for new and existing 
affected sources in Table 1 and Table 2, respectively. The tables below 
present the standards by emission point and present the alternative 
organic HAPs emission limit of 50 parts per million by volume (ppmv), 
or 20 ppmv outlet organic HAPs concentration for combustion devices.
    You must comply with the standards for existing affected sources 3 
years from the effective date of the rule. You must comply with the 
standards for new affected sources upon start-up.

                                  Table 1.--Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
            Emission point                       Applicability criteria                       Standard
----------------------------------------------------------------------------------------------------------------
Storage Vessels......................  Vessels with capacities of 50,000 gallons   95 percent reduction
                                        or greater with vapor pressures of 2.45    OR
                                        psia or greater                            alternative standard of
                                       Vessels with capacities of 90,000 gallons    venting to a control device
                                        or greater with vapor pressures of 0.15     continuously achieving a 50
                                        psia or greater                             ppmv outlet organic HAPs
                                                                                    concentration or 20 ppmv
                                                                                    outlet organic HAPs
                                                                                    concentration for combustion
                                                                                    devices.
Continuous Process Vents.............  Process vents with a TRE value less than    85 percent reduction
                                        or equal to 1.2

[[Page 3279]]

 
                  OR
alternative standard of venting to a
 control device continuously
 achieving a 50 ppmv outlet organic
 HAPs concentration or 20 ppmv outlet
 organic HAPs
concentration for combustion devices.
Reactor Batch Process Vents..........  No applicability criteria, all reactor      95 percent reduction over the
                                        batch process vents are subject to          batch cycle
                                        control                                    OR
                                                                                   0.0004 lb of HAPs per 1,000
                                                                                    lbs of product produced and
                                                                                    0.045 lb of HAPs per 1,000
                                                                                    lbs of solvent-based product
                                                                                   OR
                                                                                   alternative standard of
                                                                                    venting to a control device
                                                                                    continuously achieving a 50
                                                                                    ppmv outlet organic HAPs
                                                                                    concentration or 20 ppmv
                                                                                    outlet organic HAPs
                                                                                    concentration for combustion
                                                                                    devices.
Non-Reactor Batch Process Vents......  Uncontrolled emissions from the collection  76 percent reduction for the
                                        of non-reactor batch process vents within   collection of non-reactor
                                        the affected source greater than or equal   batch process vents within
                                        to 0.25 tpy                                 the affected source
                                                                                   OR
                                                                                   alternative standard of
                                                                                    venting to a control device
                                                                                    continuously achieving a 50
                                                                                    ppmv outlet organic HAPs
                                                                                    concentration or 20 ppmv
                                                                                    outlet organic HAPs
                                                                                   concentration for combustion
                                                                                    devices.
Heat Exchange Systems................  No applicability criteria                   Monitor for leaks.
Equipment Leaks......................  The equipment contains or contacts 5        Comply with subpart UU leak
                                        weight-percent organic HAP,                 detection and repair
                                       and                                          program.
                                       operates 300 hours per year
----------------------------------------------------------------------------------------------------------------


                                Table 2.--Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
            Emission point                       Applicability criteria                       Standard
----------------------------------------------------------------------------------------------------------------
Storage Vessels......................  Not applicable.                             No control requirements.
Continuous Process Vents.............  Not applicable.                             No control requirements.
Reactor Batch Process Vents..........  No applicability criteria, all reactor      83 percent reduction over the
                                        batch process vents are subject to          batch cycle OR 0.0057 lbs of
                                        control.                                    HAPs per 1,000 lbs of
                                                                                    product produced and 0.0567
                                                                                    lb of HAPs per 1,000 lbs of
                                                                                    solvent-based product
                                                                                   OR
                                                                                   alternative standard of
                                                                                    venting to a control device
                                                                                    continuously achieving a 50
                                                                                    ppmv outlet organic HAPs
                                                                                   concentration or 20 ppmv
                                                                                    outlet organic HAPs
                                                                                    concentration for combustion
                                                                                    devices.
Non-Reactor Batch Process Vents......  Uncontrolled emissions from collection of   62 percent reduction for
                                        non-reactor batch process vents within      collection of non-reactor
                                        the affected source greater than or equal   batch process vents within
                                        to 0.25 tpy.                                the affected source
                                                                                   OR
                                                                                   alternative standard of
                                                                                    venting to a control device
                                                                                    continuously achieving a 50
                                                                                    ppmv outlet organic HAPs
                                                                                   concentration or 20 ppmv
                                                                                    outlet organic HAPs
                                                                                    concentration for combustion
                                                                                    devices.
Heat Exchange Systems................  No applicability criteria.                  Monitor for leaks.
Equipment Leaks......................  The equipment contains or contacts 5        Comply with subpart UU leak
                                        weight-percent organic HAP, and operates    detection and repair
                                        300 hours per year.                         program.
----------------------------------------------------------------------------------------------------------------

    1. Alternative Standard
    As an alternative to the standards presented above for storage 
vessels, continuous process vents, reactor batch process vents, and 
non-reactor batch process vents, you can choose to meet an alternative 
emission limit. Under the alternative emission limit, emissions 
requiring control may be vented to a control device continuously 
achieving an outlet concentration of 50 ppmv of organic HAPs or an 
outlet concentration of 20 ppmv of organic HAPs for combustion devices.

[[Page 3280]]

2. Aggregating Batch Process Vent Streams
    Batch process vent streams may be combined and controlled at the 
same level as required for an individual reactor batch process vent.
3. Pollution Prevention Alternatives
    For some batch emission episodes, you can operate a condenser as a 
process condenser for some episodes and as a control device for other 
batch emission episodes (e.g., gassing operations), provided that 
certain pollution-prevention measures are taken.
    Also, you can use process modifications (e.g., reduced purge rate 
on a reactor vessel) to reduce emissions from new and existing affected 
sources. You can take credit toward the emission reduction requirements 
as part of demonstrating compliance through the permitting process.

B. Compliance and Performance Test Provisions

    We based the compliance and performance test provisions on the 
Hazardous Organic NESHAP (HON), with the following exceptions. First, 
test methods are different because of the specific HAPs emitted by 
resins facilities. Second, the specific provisions for batch process 
vents are based on the provisions from the promulgated Group IV 
Polymers and Resins NESHAP (40 CFR part 63, subpart JJJ).
    We added the following test methods for determining compliance 
specifically for formaldehyde: Method 316 (a manual method) and Method 
320 (a Fourier Transform Infrared Spectroscopy (FTIR) method). You must 
use either Method 18 or Method 308 for testing for methanol.
    Under the rule, if you have control devices receiving 10 tons per 
year (tpy) (9.1 Mg/yr) or less of uncontrolled HAPs emissions, you are 
not required to conduct a performance test and instead may perform a 
design evaluation to demonstrate initial compliance with the rule. 
Compliance requirements for each type of emission point are discussed 
briefly in the following paragraphs.
1. Storage Vessels
    The standards for new storage vessels refer directly to the Generic 
MACT storage vessel provisions (40 CFR part 63, subpart WW). The 
control status of storage vessels is determined based on the storage 
vessel capacity and vapor pressure of the stored material. Vessels with 
capacities of 50,000 gallons or greater with vapor pressures of 2.45 
pounds per square inch absolute (psia) or greater, and vessels with 
capacities of 90,000 gallons or greater with vapor pressures of 0.15 
psia or greater, are required to reduce emissions of HAPs by 95 
percent.
    Compliance demonstration provisions include initial and periodic 
visual inspections of vessels, roof seals, and fittings, as well as 
internal inspections.
    If you choose to comply with the alternative standard for storage 
vessels using a control device, you must conduct a performance test as 
specified in the rule to show initial compliance with the standard. 
Existing storage vessels are not required to be controlled.
2. Continuous Process Vents
    The standards for continuous process vents refer directly to the 
Generic MACT closed vent system provisions (40 CFR part 63, subpart SS) 
for compliance provisions. At new affected sources, continuous process 
vents with a total resource effectivess (TRE) index value less than or 
equal to 1.2 must reduce emissions by 85 percent. The TRE calculation 
involves an emissions test or engineering assessment.
3. Batch Process Vents
    Compliance is demonstrated by showing that, over a batch cycle for 
an individual reactor, the specified percent reduction is achieved. If 
a collection of reactor vents is sent to the same control device, 
compliance is demonstrated by showing the specified percent reduction 
is achieved over a representative period of time. To demonstrate this, 
you must develop an emissions profile that identifies each batch 
emission episode included in the batch process vent, and characterizes 
emissions from each batch emission episode on a mass emitted per unit 
time basis. Using this emissions profile, you must show that the 
periods of under-control and over-control of emissions balance and the 
batch cycle percent reduction, or the overall percent reduction, is 
achieved. The rule contains procedures for estimating emissions from 
individual batch emission episodes, estimating control device 
efficiency, and for demonstrating that the required percent reduction 
is achieved.
    Procedures for demonstrating compliance with the alternative pound 
of HAPs per 1,000 pounds of product emission limit are also included in 
the rule.
4. Heat Exchange Systems
    There are no performance test requirements for heat exchange 
systems. Compliance is demonstrated through the monitoring of cooling 
water to detect leaks in heat exchange systems. If a leak is detected, 
you must repair the heat exchange system.
5. Equipment Leaks
    The standards for equipment leaks refer directly to the Generic 
MACT equipment leak provisions (40 CFR part 63, subpart UU). We 
retained the use of Method 21 in the rule to detect leaks. Method 21 
requires a portable organic vapor analyzer to monitor for leaks from 
equipment in use. A ``leak'' is a concentration specified in the rule 
for the type of equipment being monitored. In the rule, we require the 
use of Method 18 to determine the organic content of a process stream.
6. Alternative Standard
    a. Initial Compliance Demonstration. The alternative emission limit 
for storage vessels, continuous process vents, reactor batch process 
vents, and non-reactor batch process vents differs from the 50 ppmv, or 
20 ppmv for combustion devices organic HAP outlet concentration 
alternative that accompanies the percent reduction requirements for 
storage vessels and continuous process vents in that a performance test 
specific to an individual emission point is not required. Instead, an 
initial demonstration that the control device continuously achieves an 
organic HAP outlet concentration equal to or less than 50 ppmv, or 20 
ppmv for combustion devices is required.
    b. Continuous Monitoring Device. An owner or operator may also 
comply with the 50 ppmv or 20 ppmv for a combustion device organic HAP 
outlet concentration limit through the use of a continuous emission 
monitor. An initial compliance demonstration or parametric monitoring 
is not required to comply with this alternative. Instead, an FTIR is 
used to continuously demonstrate that a control device achieves the 
required organic HAP outlet concentration.

C. Monitoring Requirements

    After initial compliance is achieved, we require monitoring of HAPs 
emissions and control and recovery device operating parameters. Under 
the alternative standard, HAPs emissions are monitored directly as part 
of the outlet organic HAPs concentration of 50 ppmv, or 20 ppmv for 
combustion devices. Control device operating parameters are monitored 
as part of complying with the percent reduction requirements of the 
rule. The quantity of resin produced and resulting emissions are 
monitored as part of complying with the pound of HAPs per 1,000 pounds 
of resin product emission limits for reactor

[[Page 3281]]

batch process vents. Emissions per batch cycle are initially determined 
based on emission estimation equations provided in the rule, direct 
measurement, or engineering assessment, depending on certain criteria 
in the rule. You may determine continuous compliance based on these 
initial emission estimates until a process change makes them no longer 
appropriate.
    We require continuous parameter monitoring for control devices, 
except where the control device receives less than 1 ton per year of 
uncontrolled HAPs. In these cases, you must conduct a daily or per 
batch demonstration to demonstrate that the control device is operating 
properly. Additionally, if you have control devices serving storage 
vessels, you are not required to conduct continuous parameter 
monitoring unless you specify continuous monitoring in the monitoring 
plan required by the referenced 40 CFR part 63, subpart SS provisions. 
However, if you use a control device for a storage vessel, you must 
identify the appropriate monitoring procedures to be followed for 
compliance demonstration purposes. Further, if a control device serves 
both a storage vessel(s) and another emission point subject to the 
rule, the control device is subject to continuous parameter monitoring 
if the other emission point is subject to continuous parameter 
monitoring.
    You must monitor parameters when emissions are vented to the 
control device. The rule directly references the 40 CFR part 63, 
subpart SS monitoring requirements for continuous process vents and 
storage vessels. However, there are general monitoring requirements 
specified in the rule (e.g., establishment of parameter monitoring 
levels) that apply to all emission points.
    In the rule, we identify parameters to be monitored for most 
control devices expected to be used for emission points regulated by 
the rule. Parameter monitoring levels are established based on design 
evaluation for control devices with uncontrolled emissions less than 10 
tons per year. For all other control devices required to conduct 
continuous parameter monitoring, parameter monitoring levels are 
established based on a performance test, but can be supplemented by 
manufacturer's recommendations and/or an engineering assessment. If you 
choose to supplement results of the performance test using 
manufacturer's recommendations and/or engineering assessment, the 
established parameter monitoring level is subject to review and 
approval by the Administrator.
    You can determine parameter monitoring averages based on all 
recorded values except for values recorded under certain conditions, 
for example, under conditions of start-up, shutdown, or malfunction. 
Parameter averages must be daily averages for control devices serving 
continuous process vents, storage vessels (if required), or equipment 
leaks. Parameter averages may be either batch cycle daily averages or 
block averages for batch process vents. Parameter averages based on 
batch cycle daily averages cover a 24-hour period, based on the defined 
operating day, and may or may not cover multiple batch cycles for the 
batch process vent. A batch cycle daily average may also cover partial 
batch cycles and, therefore, we require that you provide the 
information required to calculate parameter monitoring compliance for 
partial batch cycles. Parameter averages based on block averages cover 
the complete batch cycle, regardless of the length of time for the 
batch cycle.
    We included provisions for alternate monitoring parameters in the 
rule. You must apply for approval to monitor an alternate parameter.

D. Recordkeeping and Reporting Requirements

    The general recordkeeping and reporting requirements of this rule 
are very similar to those found in the HON (40 CFR part 63, subparts F, 
G, and H). You are also required to comply with the notification, 
recordkeeping, and reporting requirements in the general provisions for 
this rule, subpart A of 40 CFR part 63. We included a table in the rule 
that designates which sections of subpart A apply to this rule. 
Specific recordkeeping and reporting requirements for each type of 
emission point are also included in the rule. The rule references the 
recordkeeping and reporting requirements for continuous process vents, 
storage vessels, and equipment leaks.
    You are required to keep records and submit reports of information 
necessary to document compliance for affected sources. You must keep 
records for 5 years. The following reports must be submitted to the 
Administrator as appropriate: (1) Precompliance Report, (2) 
Notification of Compliance Status, (3) Periodic Reports, and (4) Other 
Reports. The requirements for each of the four reports are summarized 
below. In addition, if you are complying with the equipment leak 
requirements contained in subpart UU, the closed vent requirements in 
subpart SS, or the storage tank requirements in subpart WW, you must 
follow the recordkeeping and reporting requirements in the respective 
subpart.
1. Precompliance Report
    You must submit the Precompliance Report no later than 12 months 
prior to the compliance date. The Precompliance Report includes the 
following, as appropriate: compliance extension requests; requests to 
monitor alternative parameters; intent to use alternative controls; 
intent to use the alternative continuous monitoring and recordkeeping 
allowed by the rule; requests for approval to use engineering 
assessment to estimate emissions from a batch emissions episode; 
information related to establishing parameter monitoring levels; 
information specified in Sec. 63.1417(e)(2)(iii) of subpart OOO when 
following the procedures in Sec. 63.1417(e)(2) of subpart OOO for 
determining compliance with the batch process vent standards; and 
requests for ceasing to collect monitoring data during a start-up, 
shutdown, or malfunction when that monitoring equipment would be 
damaged if it did not cease to collect monitoring data.
    You may submit supplements to the Precompliance Report to request 
the Administrator's approval of items, such as those previously 
discussed, or to clarify or modify information previously submitted.
2. Notification of Compliance Status
    You must submit the Notification of Compliance Status 150 days 
after the affected source's compliance date. It includes the 
information necessary to demonstrate that compliance has been achieved 
for emission points required to be controlled by the rule. Information 
in the report includes, but is not limited to, the results of any 
performance tests, one complete test report for each test method used 
for a particular kind of emission point, TRE determinations for 
continuous process vents, design analyses for storage vessels and for 
certain batch process vents, data or other information used to 
demonstrate use of engineering assessment to estimate emissions for a 
batch emissions episode, the determination of applicability for 
flexible operation units, and monitored parameter levels for each 
emission point and supporting data for the designated level.
3. Periodic Reports
    Generally, you are required to submit Periodic Reports 
semiannually. However, there is an exception. The Administrator may 
request that you submit quarterly reports for certain emission points 
that the Administrator identifies. After 1 year, semiannual

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reporting can be resumed, unless the Administrator requests 
continuation of quarterly reports.
    Periodic Reports include information required to be reported under 
the recordkeeping and reporting provisions for each emission point. For 
continuously monitored parameters, the data for those periods when the 
parameters are above the maximum or below the minimum established 
levels are included in the reports. Periodic Reports also include 
results of any performance tests conducted during the reporting period 
and instances when required inspections revealed problems.
4. Other Reports
    You are also required to submit other reports, including: the 
notification of inspections required for storage vessels; and reports 
of changes to the primary product for an APPU or process unit; reports 
of addition of one or more APPUs, addition of one or more emission 
points, or change in the status of emission points.

V. What Did We Consider in Developing the Rule?

A. Relationship to Other Rules

    If you have affected sources subject to this rule, you may also be 
subject to other existing rules (see Sec. 63.1401(g)-(j) in the rule).
    Affected sources subject to this rule may have storage vessels 
subject to the New Source Performance Standards (NSPS) for Volatile 
Organic Liquid Storage Vessels (40 CFR part 60, subpart Kb). For 
storage vessels subject to and complying with the NSPS, this rule 
requires that such storage vessels remain in compliance with the NSPS 
because the NSPS level of control (i.e., 95 percent) is more stringent 
than the control level for the final rule (i.e., 50 percent). For 
storage vessels subject to the NSPS but that did not have to apply 
controls (e.g., the storage vessels store an organic liquid but the 
vapor pressure of the stored material is below the applicability 
criteria), this rule states that after the compliance date for the 
final rule, such storage vessels are only required to comply with this 
rule and are no longer subject to subpart Kb.
    Affected sources subject to this rule may have cooling towers 
subject to the NESHAP for Industrial Cooling Towers (40 CFR part 63, 
subpart Q). There is no conflict between the requirements of subpart Q 
and this rule. Subpart Q prohibits the use of certain chemicals in the 
cooling tower water, and this rule implements a leak detection and 
repair program for organic HAPs. Therefore, if you have affected 
sources subject to both rules, you must comply with both rules. If you 
own or operate shared heat exchange systems, you may also find that 
they are already subject to the HON provisions (40 CFR part 63, subpart 
F). In such cases, compliance with the HON provisions constitutes 
compliance with the requirements of this rule.
    Affected sources subject to this rule may also be subject to the 
NSPS for Equipment Leaks of Volatile Organic Compounds (VOC) in the 
Synthetic Organic Chemicals Manufacturing Industry (40 CFR part 60, 
subpart VV) and/or the National Emission Standards for Organic 
Hazardous Air Pollutants (i.e., HON) for Equipment Leaks (40 CFR part 
63, subpart H). After the compliance date for this final rule, you are 
only required to comply with this rule for such affected sources and 
are no longer subject to 40 CFR part 60, subpart VV, or to CFR part 63, 
subpart H. This rule directly references the Generic MACT equipment 
leak provisions contained in subpart UU. The provisions contained in 
subpart UU are equivalent to the HON provisions contained in the 
proposed rule, and therefore, equivalent to the HON. The provisions 
contained in subpart UU are more stringent than subpart VV.
    Another likely instance of interaction between this rule and other 
rules is related to storage vessels already covered by the HON; this is 
likely to occur at amino/phenolic resins production facilities that are 
collocated with formaldehyde plants subject to the HON. In such cases, 
a formaldehyde storage vessel supplying formaldehyde to the amino/
phenolic resins facility is likely to be subject to the HON. The 
storage vessel assignment procedures in this rule address such 
situations. If a storage vessel is already subject to another part 63 
standard, that storage vessel is considered to be assigned to the 
process unit subject to the part 63 standard and is not subject to this 
rule.

B. Stakeholder and Public Participation

    Prior to proposal of the rule, representatives from other 
interested EPA offices and programs, including Regional Offices and 
State environmental agency personnel, participated in the rulemaking 
process. In addition, the industry provided responses to a survey 
conducted in 1992, and we met with industry members to obtain their 
input during the regulatory development process. The proposed rule 
reflected the results of all of those interactions and the information 
provided by the industry.
    We proposed the rule for Amino/Phenolic Resins Production in the 
Federal Register on December 14, 1998 (63 FR 68832), and we 
specifically requested comments on the basis for the percent reduction 
standards for reactor batch process vents, development of separate 
control requirements for reactor and non-reactor batch process vents, 
methanol emissions from amino/phenolic resins production, use of 
solvent-based and non-solvent-based alternative emission limits, use of 
Fourier Transform Infrared Spectroscopy and performance specification 
15 (PS-15), definitions of amino and phenolic resin, applicability 
criteria alternative for storage vessels, and heat exchange systems. We 
received five comment letters from amino/phenolic resins producers and 
one letter from control device manufacturers. In addition, after 
proposal, we considered follow-up information provided by the industry 
in decisions affecting the final rule. We received no comments from 
environmental groups or State or local environmental agencies.
    We carefully considered the comments and made changes to the 
proposed rule where determined to be appropriate. We discuss the most 
significant comments and responses in section VII of this preamble. A 
detailed discussion of all significant comments and responses on the 
proposed rule can be found in the BID for amino/phenolic resins, which 
is referenced in the ADDRESSES section of this preamble.

VI. What Are the Impacts of the Standards?

    The rule affects 40 amino/phenolic resins facilities that are major 
sources in themselves or that are located within a major source. The 
impacts are presented relative to a baseline reflecting the level of 
control in the absence of the rule. The estimate of the impacts is 
presented for existing facilities only, since no new facilities are 
projected to be constructed. For a facility or emission point within a 
facility already in compliance with the standards, no impacts were 
estimated.

A. Primary Air Impacts

    The standards are estimated to reduce organic HAPs emissions from 
all existing sources by 361 tpy from a baseline level of 703 tpy. This 
is a 51 percent reduction. Table 3 summarizes the organic HAPs emission 
reductions for each of the emission points.

[[Page 3283]]



                Table 3.--Organic HAPs Emission Reductions by Emission Point for Existing Sources
----------------------------------------------------------------------------------------------------------------
                                              Baseline       Emissions after      Emission           Percent
             Emission point                emissions (tpy)  final rule (tpy)   reduction (tpy)    reduction (%)
----------------------------------------------------------------------------------------------------------------
Reactor Batch Process Vents.............        223.1              40.2             182.87             82
Non-reactor Batch Process Vents.........        120.1              60.6              59.5              49.5
Continuous Process Vents................        128.3             128.3               0                 0
Storage Tanks...........................         72.1              72.1               0                 0
Equipment Leaks.........................        159.4              41.0             118.4              74.3
                                         -----------------------------------------------------------------------
    Total...............................        703.1             342.3             360.8              51.3
----------------------------------------------------------------------------------------------------------------

B. Non-Air Environmental Impacts

    The standards are not expected to increase the generation of solid 
waste at any amino/phenolics resin facility. The use of scrubbers to 
control emissions will increase water consumption as a result of 
evaporation and bleed-off (see the proposal preamble at 63 FR 68854 for 
details). Based upon available information, we expect that affected 
facilities will be able to either send the scrubber wastewater to a 
treatment facility or recycle the scrubber wastewater back into the 
process. Therefore, the use of scrubbers will result in minimal, if 
any, adverse wastewater impacts.

C. Energy Impacts 

    We do not anticipate any significant increase in national annual 
energy usage as a result of this rule. Energy impacts include changes 
in energy use, typically increases, and secondary air impacts 
associated with increased energy use. Increases in energy use are 
associated with fuel for the operation of control equipment; in this 
case, the use of scrubbers to control reactor vents. Energy credits are 
attributable to the prevention of organic HAPs emissions from equipment 
leaks. Secondary air impacts associated with increased energy use are 
the emission of particulates, sulfur dioxides (SOX), and 
nitrogen oxides (NOX). These secondary impacts are 
associated with power plants that would supply the increased energy 
demand.

D. Cost Impacts

    Cost impacts include the capital costs of new control equipment, 
the cost of energy (supplemental fuel and electricity) required to 
operate control equipment, operation and maintenance costs, and the 
cost savings generated by reducing the loss of valuable product in the 
form of emissions. Also, cost impacts include the costs of monitoring, 
recordkeeping, and reporting associated with the standards. There are 
no estimated cost impacts for new facilities because no new facilities 
are expected to be constructed.
    Under the rule, the total capital costs for existing sources are 
estimated at $2.3 million (1998 dollars), and total annual costs are 
estimated at $3.3 million (1998 dollars) per year, which includes $1.4 
million for monitoring, recordkeeping, and reporting. The actual 
compliance cost impacts of the rule may be less than presented because 
of the potential to use common control devices, to upgrade existing 
control devices, and to vent emissions streams into current control 
devices. Because the effect of such practices is highly site-specific 
and data were unavailable to estimate how often the lower cost 
compliance practices could be utilized, it is not possible to quantify 
the amount by which actual compliance costs would be reduced.

E. Economic Impacts

    An economic impact analysis was performed at proposal to estimate 
the impacts of the rule on affected businesses in the Amino/Phenolic 
Resins Production source category. That analysis showed that the price 
and output changes for affected businesses in this source category were 
an increase of 0.08 percent in product price and output decrease of 
0.05 percent in product output, respectively, for amino resin producers 
and similar estimates for phenolic resin producers (0.07 percent and 
0.02 percent, respectively). No plant closures were expected in this 
source category.
    The estimated annual compliance costs of the final rule are roughly 
$1.9 million as shown in section VI.C. This is a reduction from the 
compliance costs that were input to the economic impact analysis 
performed at proposal. Given this reduction in estimated costs, the 
economic impacts of the final rule would be lower than those estimated 
at proposal. We, therefore, conclude that the increase in product price 
would be no more than 0.08 percent for amino resin producers, and 0.07 
percent for phenolic resin producers, and the decrease in product 
outputs would be no more than 0.05 percent for amino resin producers 
and 0.02 percent for phenolic resin producers.

VII. What Significant Comments Did We Consider and What Major 
Changes Did We Make to the Proposed Standards?

    The major changes that we made to the rule based on public comments 
include: (1) Reducing the percent reduction standard for reactor batch 
process vents at existing affected sources and including different 
alternative emission limits for solvent-based and non-solvent-based 
resin production, (2) revising the standards for non-reactor batch 
process vents at new and existing affected sources, (3) deleting the 
control requirements for storage vessels at existing affected sources, 
(4) revising the applicability criteria for storage vessels at new 
affected sources, (5) deleting the HON control level of 98 percent 
emission reduction for continuous process vents with a TRE value less 
than or equal to 1.0, (6) dropping the wastewater provisions, and (7) 
making changes to encourage pollution prevention.
    In recognition of the fact that the most commonly used control 
devices for the amino/phenolic resins industry are recovery devices 
(e.g., condensers and scrubbers) and not combustion devices, and that 
50 ppmv of organic HAPs is a more representative outlet concentration 
for a recovery device than 20 ppmv, we have increased the minimum HAPs 
concentration level for defining a process vent from 20 ppmv to 50 
ppmv. However, the 50 ppmv mass emission limit is more stringent than 
the rule requirement to reduce emissions by 83 percent. The 50 ppmv is 
being offered as an alternative to the required control level and is 
not intended to be equivalent. In concert with this change in the 
definition of process vent, we have made changes to the alternative 
standards for storage vessels (Sec. 63.1404(c)), continuous process 
vents (Sec. 63.1405(f)), reactor batch process vents (Sec. 63.1406(d)), 
and non-reactor batch process vents (Sec. 63.1406(d)). These provisions 
have been changed to allow you to meet a 50 ppmv emission limit when 
using a recovery device, but you are still required to meet a 20 ppmv

[[Page 3284]]

emission limit when using a combustion device. We determined that 20 
ppmv is a representative outlet concentration for combustion devices.
    In order to minimize cross referencing and streamline the rule, we 
changed the proposed rule format. In changing the rule format our 
intent was not to change the requirements of the proposed standard, but 
rather to make the final rule easier to understand and implement. The 
most significant change has been to reference provisions promulgated 
for the Generic MACT (GMACT) standard (64 FR 34854, June 30, 1999). 
Instead of referencing the HON for requirements for continuous process 
vents, equipment leaks, and storage tanks, we reference equivalent 
GMACT provisions. For closed vent streams from continuous process vents 
and storage tanks, we reference 40 CFR part 63, subpart SS. For control 
of storage tanks through the use of floating roofs, we reference 40 CFR 
part 63, subpart WW. Additionally, for control of equipment leaks, we 
reference 40 CFR part 63, subpart UU. The control requirements are 
equivalent to the HON requirements in the proposed rule and do not in 
any way change the substantive requirements of the rule.
    Additionally, we have adopted the GMACT recordkeeping and reporting 
requirements in the final rule where the GMACT requirements are easier 
to understand or less burdensome. In instances where, the GMACT 
requirements are less flexible or more burdensome than the requirements 
in the proposed rule, we have added language to preserve the 
flexibility of the proposed rule.
    Comments: Two commenters presented new test data to replace their 
original data which were used in assessing the MACT floor for reactor 
batch process vents at proposal. In general, the new data indicated 
that the control devices at several facilities were achieving lower 
percent emission reductions than reported in the 1992 survey responses 
used at proposal. The commenters also presented information showing 
that one facility no longer produces amino/phenolic resins, and another 
facility does not produce amino/phenolic resins as their primary 
product. Also, the commenters argued that one facility shares its 
primary control device (a catalytic incinerator) with another operation 
covered by a separate MACT source category and, thus, should be removed 
from the analysis.
    Response: Using information submitted by the industry, we revised 
the MACT floor based on a new set of top performing amino/phenolic 
resins facilities. The MACT floor for existing sources is set by the 
average performance achieved by the best performing 12 percent of 
existing sources.
    We elected to set the MACT floor level of control based on the 
arithmetic average of the control device performance of the top five 
facilities, which results in a required control level of 82.6 percent 
(rounded to 83 percent). Although we have discretion to interpret 
``average'' as either the arithmetic mean, median, or mode, we selected 
arithmetic average, since it corresponds to an available control 
device, and since the universe of control device performance across the 
industry is a broad continuum. The provisions in the final rule reflect 
this change in the percent reduction requirement for reactor batch 
process vents at existing affected sources.
    There has been no change to the standard for new affected sources. 
The same facility that was selected as the best performing facility in 
the proposal analysis is selected for the reanalysis and, thus, 
represents new source MACT. We continue to require a 95 percent 
emission reduction across the batch cycle for reactor batch process 
vents at new affected sources in the final rule.
    Comments: In order to better address the diversity of processes and 
subsequent emissions of facilities in the industry, commenters 
suggested that solvent-based and non-solvent-based resin processes have 
separate requirements, especially for the alternative emission limit 
(i.e., pound of HAPs per 1,000 pounds of product). The commenters 
stated that the proposed alternative emission limit reflects only non-
solvent-based resin manufacturing. One commenter submitted HAPs 
emissions data representing phenolic resin manufacturing at its 
facility, which showed that over 87 percent of the total emissions were 
attributed to the added solvent. The commenter concluded that failure 
to make this distinction in the emission standards would result in 
unfair competition between solvent-based and non-solvent-based resin 
manufacturers, as the former would need more stringent controls, 
resulting in a higher cost to control their higher emissions.
    Response: We agree with the commenters that separate alternative 
emission limits to account for the different emission levels for 
solvent-based and non-solvent-based resin production are appropriate. 
At proposal, the rule offered a single alternative emission limit 
value, applicable to both solvent-based and non-solvent-based resin 
production. However, in reviewing the data and comments since proposal, 
we recognize that an 83 percent emissions reduction for a solvent-based 
process is significantly different in terms of a mass emission rate 
from an 83 percent reduction achieved by a non-solvent-based process. 
Therefore, separate emission limits (i.e., one for solvent-based resins 
and one for non-solvent-based resins) yields an alternative that better 
equates to the floor-level of control than the single mass emission 
limit in the proposed rule.
    For existing affected sources, the alternative emission limits in 
the final rule are 0.0057 pound of HAPs per 1,000 pounds of non-
solvent-based resin produced, and 0.0567 pound of HAPs per 1,000 pounds 
of solvent-based resin produced. For new affected sources, the 
alternative emission limits are 0.0004 pound of HAPs per 1,000 pounds 
of non-solvent-based resin produced, and 0.045 pound of HAP per 1,000 
pounds of solvent-based resin produced.
    The revised alternative emission limits are based on mass emissions 
data from the top five performing facilities used to develop the 83 
percent control level for the existing source floor. Three of the 
facilities in the floor were non-solvent-based resin producers and two 
facilities were solvent-based resin producers. The alternative emission 
limit for existing facilities was developed by averaging the emissions 
(HAPs per lb. of product) for the two solvent-based resin facilities to 
develop the solvent-based resin alternative emission limit. Similarly, 
the emissions of the three non-solvent-based resin facilities were 
averaged to develop the alternative emission limitation for the non-
solvent-based resin facilities. In this way, we determined the mass 
emission limit that corresponds to the 83 percent reduction requirement 
for each type of facility. For new sources the best performing of the 
two solvent-based facilities was selected to represent the mass 
emission limit. The best performing non-solvent based facility was 
chosen for the non-solvent-based new source mass emission limit. By 
using the five floor facilities to develop the alternative emission 
limit, we ensured equivalency between the alternative limit and the 
floor value of an 83 percent reduction for existing sources and a 95 
percent reduction for new sources.
    We project that solvent-based resin manufacturers will most likely 
comply with the percent reduction standard, whereas most non-solvent-
based resin manufacturers will comply with the alternative emission 
limit, potentially with little, if any, secondary control

[[Page 3285]]

required. A single alternative emission limit recalculated based on the 
average performance of the top 12 percent (5 facilities) would allow 
many non-solvent-based resin manufacturers to emit significantly more 
HAPs than they are currently emitting.
    Averaging the emission limits within each industry segment 
(solvent-based and non-solvent-based) results in values with an order 
of magnitude difference. Information from other facilities in the data 
base supports our conclusion that solvent emissions from solvent-based 
resin production causes the uncontrolled HAPs emission rate to be about 
an order of magnitude higher than the emission rate from non-solvent-
based resin production.
    The pound of HAPs per 1,000 pounds of resin product emission limits 
are presented as alternatives to the percent reduction requirements of 
the rule. As such, they are meant to express a performance level 
equivalent to the facilities judged to represent the MACT floor. 
Therefore, in developing the alternative emission limits, we only 
considered the population making up the top five performing facilities. 
In calculating the separate alternative limits, we decided that the 
presence of two solvent-based and three non-solvent-based resin 
manufacturers among the top five performing facilities was adequate 
representation for each segment of the industry.
    Comment: Commenters objected to the stringency of the proposed 
standard for non-reactor batch process vents at new and existing 
affected sources and the methodology used in developing the standards. 
One commenter submitted revised control device performance data and 
requested that the EPA recalculate the non-reactor batch process vent 
standards using these revised control device efficiencies.
    Another commenter claimed that the EPA had mistakenly attributed 
control to process condensers that are used on their non-reactor batch 
process vents, and thereby misrepresented the actual control being 
achieved for non-reactor batch process vents at their facility. Through 
discussions with this commenter, the commenter had identified three 
non-reactor batch process vents where they believe the primary 
condenser is acting as a process condenser.
    Also, one commenter objected to the EPA's use of a weighted average 
to represent the overall performance for an affected source and 
requested that a straight average be used instead.
    Response: We incorporated revised control device performance data 
into a revised analysis of the MACT floor control level for non-reactor 
batch process vents. Based on the revised analysis, we are reducing the 
standard for non-reactor batch process vents at new affected sources 
from an overall emission reduction of 83 percent to 76 percent for 
sources with uncontrolled emissions from the collection of non-reactor 
batch process vents within the affected source greater than or equal to 
0.25 tons per year. Similarly, we are also reducing the standard for 
non-reactor batch process vents at existing affected sources from an 
overall emission reduction of 68 percent to 62 percent for sources with 
uncontrolled emissions from the collection of non-reactor batch process 
vents within the affected source greater than or equal to 0.25 tons per 
year.
    We disagree with using a straight average of control device 
efficiencies to determine the control level for an individual facility. 
We believe that the control level should represent the total mass 
reduction for that facility. Using a straight average of control device 
efficiencies would result in an inaccurate representation of the actual 
performance of a facility. For example, if a facility had five non-
reactor batch process vents, controlled the single batch process vent 
that has 90 percent of the emissions, and did not control the other 
batch process vents, a straight average would represent this facility 
as poorly controlled; when in fact it is a well-controlled facility.
    For existing sources, the MACT floor is based on averaging the 
individual control levels of the five best performing facilities (top 
12 percent). We based the MACT floor for new sources on the single best 
controlled facility.
    Comments: One commenter objected to the methodology used in 
developing the applicability criteria for non-reactor batch process 
vents. The commenter objected to the fact that emissions from a single 
vent, not emissions from a single facility, set the uncontrolled 
emissions applicability criteria and objected to using the lowest level 
of uncontrolled emissions (i.e., the smallest value), contrasting this 
decision to the approach used for storage vessels.
    The commenter requested that EPA develop new applicability criteria 
for non-reactor batch process vents that are based on individual non-
reactor batch process vents, rather than on a facilitywide basis. The 
commenter requested that the new applicability criteria be expressed as 
pound of emissions per 1,000 pounds of product, as was done for reactor 
batch process vents, and that they be based on a TRE calculation or 
calculation from EPA's guideline document entitled ``Control of 
Volatile Organic Compound Emissions from Batch Processes,'' EPA-453/R-
93-017.
    Response: We note that not all facilities reported non-reactor 
batch process vents, although we assume that all facilities have non-
reactor batch process vents and stated so in the preamble to the 
proposed rule. We requested additional data on the presence, emissions, 
and control status of non-reactor batch process vents in the proposal 
preamble. No additional data were provided as part of public comments.
    Furthermore, the only data available for the reported non-reactor 
batch process vents are emissions. With emissions being the only 
information available, approaches like the TRE equation are not 
possible, and the ability to develop or use other vent-by-vent 
approaches to applicability criteria is restricted.
    Based on data available to the Administrator, we are retaining the 
MACT floor, defined as a facilitywide control level and a facilitywide 
applicability criterion.
    With regard to the commenter's objection that emissions from a 
single vent set the uncontrolled emissions cutoff, we did not seek out 
a single vent to represent the facilitywide emissions cutoff for 
existing affected sources. The available data indicated that the 
facility with the lowest emissions happened to only report a single, 
non-reactor batch process vent.
    In response to the commenter's objection to using the facility with 
the lowest level of uncontrolled emissions to set the facilitywide 
uncontrolled emissions cutoff for existing affected sources, we must 
set applicability criteria that will continue to require control for 
those facilities already controlled at the baseline. We also believe 
that the commenter misunderstands the approach used for non-reactor 
batch process vents, compared to the approach used for storage vessels, 
because the applicability criteria define which facilities must apply 
controls, not which vents, and because the control requirement is on a 
total, facilitywide basis, not an individual vent basis. All five 
facilities defining the MACT floor for existing sources have applied 
controls to non-reactor batch process vents; therefore, the 
applicability criteria include all five facilities.
    Comments: Some commenters challenged the accuracy of data and 
information used by EPA as the basis for the proposed standards for 
storage vessels. The commenters stated that

[[Page 3286]]

some of the storage vessels in the database were, in fact, not raw 
material storage vessels and other storage vessels were already part of 
their HON MACT affected source.
    Response: We addressed these comments by requesting a confirmation 
of storage vessel data for each of the MACT floor facilities and by 
conducting a reanalysis of the MACT floor based on the confirmed data. 
Our reanalysis of the data concludes that there is no floor level of 
control for the existing source MACT floor and that the new source MACT 
floor determined at proposal continues to be appropriate.
    For existing affected sources, we evaluated the HON level of 
control for storage vessels as a regulatory alternative beyond the MACT 
floor of no control. Based on this evaluation, we concluded that the 
HON control level for storage vessels is not appropriate for the known 
storage vessel population at amino/phenolic resins facilities, since 
none of the reported storage vessels meet the HON applicability 
criteria. Further, the HON control level for storage vessels is not 
cost effective for a projected, theoretical amino/phenolic resins 
facility storage vessel population.
    Although the revised storage vessel data led us to conclude that 
the new source MACT floor control level is still appropriate, the 
applicability criteria, which determines which storage vessels must be 
controlled, have changed. The final rule now requires that storage 
vessels at new affected sources with a capacity greater than or equal 
to 50,000 gallons and with a vapor pressure greater than or equal to 
2.45 psia must reduce emissions by 95 percent. Storage vessels at new 
affected sources with a capacity greater than or equal to 90,000 
gallons and with a vapor pressure greater than or equal to 0.15 psia 
are also required to reduce emissions by 95 percent. The distinction 
between the storage of aqueous formaldehyde and other chemicals (non-
aqueous formaldehyde) that we made in the proposed rule is no longer 
necessary because a large number of formaldehyde storage vessels were 
deleted from the analysis.
    Comments: One commenter cited some issues related to the use of the 
TRE equation in the proposed rule. First, the commenter stated that the 
TRE equation is not well suited for low concentrations (e.g., 100 to 
200 ppmv) or low flow emission streams. Second, the commenter stated 
that the TRE equation should be modified to reflect the reduction of 
efficiency as the inlet concentration decreases. The commenter stated 
that the TRE equation assumes that the emission reduction achieved will 
always be 98 percent, but that this is not the case with low 
concentration emission streams. The commenter also stated that the 
effectiveness of incineration declines significantly at inlet 
concentrations of approximately 1,000 to 1,500 ppmv.
    Response: We based the proposed two-tiered standard for continuous 
process vents at new affected sources on the MACT floor level of 
control (85 percent emission reduction) for vents that meet the 
applicability criterion and the HON process vent provisions (98 percent 
emission reduction). (The proposed rule did not require control of 
continuous process vents at existing sources.) The applicability 
criterion chosen to represent the specific continuous process vents 
that are controlled at the MACT floor is the HON TRE equation for a 
thermal incinerator. The HON process vent provisions were evaluated as 
a regulatory alternative beyond the MACT floor for continuous process 
vents. Although the TRE values at proposal showed that none of the 
continuous process vents considered in the analysis would be caught by 
the HON TRE applicability for new sources, we determined that if a new 
source were to have a continuous process vent within the accepted cost 
effectiveness (i.e., with a TRE of 1.0 or less), it should be 
controlled. Therefore, the two-tiered approach was used at proposal. We 
agree with the commenter that the combustion efficiency is reduced as 
the inlet concentration decreases and, thus, the TRE equation is not an 
appropriate method for assessing the cost effectiveness of control 
beyond the MACT floor for continuous process vents in the amino/
phenolic resins industry. Therefore, we deleted the second tier of the 
continuous process vent standard requiring 98 percent emission 
reduction for continuous process vents with a TRE value less than or 
equal to 1.0.
    In the final rule, we continue to use the TRE equation as the 
applicability criteria for continuous process vents at the MACT floor. 
This decision is based on using the TRE equation to identify certain 
continuous process vents (i.e., applicability criteria) as opposed to 
using the TRE equation to determine the cost effectiveness of controls. 
In the final rule, the standard for continuous process vents at new 
affected sources is 85 percent emission reduction for continuous 
process vents with TRE values less than or equal to 1.2.
    Comments: Two commenters stated that control of wastewater streams 
should not be required for new affected sources. One commenter 
explained that the HAPs commonly present in amino/phenolic resins 
wastewater streams, such as formaldehyde and methanol, have low 
emission potential because they are highly soluble and biodegradable. 
In addition, the commenters stated that attempts to remove highly 
soluble HAPs from wastewater could lead to an increase in air 
emissions. The commenters challenged the assumptions used in 
determining that wastewater control is cost effective for new affected 
sources. One of the commenters disagreed with EPA's use of 
``hypothetical'' wastewater streams, as opposed to data from actual 
facilities. The second commenter claimed that the wastewater provisions 
are not cost effective (ranging up to $41,000 per ton). The commenters 
also stated that EPA's assumption that flow and concentration data 
reported by industry were representative values (i.e., annual averages) 
was in conflict with the rule's background document, which stated that 
the survey response data represented peak, rather than average or 
normal process conditions. One commenter concluded that if EPA had used 
the average figures for the new source applicability criteria, that no 
stream would have been required to control.
    Response: We removed the wastewater control requirements for new 
affected sources from the final rule. At proposal, the new source 
wastewater requirements were determined to be a cost effective, above-
the-floor MACT standard. We used the HON costing algorithm to estimate 
the cost of controlling wastewater streams which assumes that a 
combustion device is available to support the steam stripper; this is 
not an appropriate assumption for the amino/phenolic resins industry. 
Therefore, the cost analysis at proposal underestimated the costs of 
controlling wastewater streams for the amino/phenolic resins industry. 
We projected that if the cost of a combustion device were added to the 
costs estimated at proposal, the cost effectiveness of the HON 
wastewater requirements would not be acceptable.
    Comments: One commenter requested that the rule allow approaches to 
encourage pollution prevention through stewardship and source control. 
The commenter specifically requested that the rule include pollution-
prevention compliance alternatives that encourage emission reduction of 
HAPs through changes in operating practices, raw material 
substitutions, and process and equipment design modifications. In 
support of the commenter's request to allow the use of pollution-
prevention measures, we received follow-up

[[Page 3287]]

information from the industry that included several examples of the 
environmental benefits (reduced emissions) achievable through the use 
of pollution-prevention measures.
    The commenter stated that their facility has over-sized condensers 
after their reactors which operate during gassing operations to recover 
valuable solvent. The commenter stated that unless the rule defines 
their condensers as a control device during gassing operations, they 
would be forced to turn off the condenser during this phase to have 
enough emissions going to a control device to achieve the specified 
percent reduction. The commenter pointed out that shutting off the 
condenser would result in 70 pounds per hour of HAP emissions going to 
a control device that could have been recovered and reused.
    The commenter further pointed out that other facilities in the 
industry typically operate smaller condensers, and they are not 
operated during the reactor degassing phase. Under this more typical 
operating scenario, the emissions exiting the process condenser would 
be much higher and, thus, the percentage reduction would be achievable. 
The commenter pointed out that under the Pharmaceuticals Production 
NESHAP, the condenser immediately following a reactor vessel can be a 
process condenser during some operations (i.e., reflux) and a control 
device during other operations (i.e., gassing). The commenter requested 
that EPA adopt the approach used in the Pharmaceuticals Production 
NESHAP.
    The commenter stated that in addition to recovering material with 
process condensers, there are many other types of pollution prevention 
that the rule should encourage. One example provided was the use of a 
reduced nitrogen purge rate for the reactor. The commenter stated that 
the emission of HAPs during purging operations could be reduced by up 
to 80 percent if the nitrogen purge rate was reduced. The commenter 
pointed out that although this process change would save energy, 
nitrogen, and raw materials, like the condenser situation, the change 
would result in an emissions rate too low to then be further controlled 
to meet the specified percent HAPs emission reduction.
    Response: We agree with the commenter that the rule should 
encourage compliance through pollution-prevention alternatives. To that 
end, we made two groups of changes to the final rule. First, we made 
changes to allow a condenser to operate as a process condenser for some 
batch emission episodes and to operate as a control device for other 
batch emission episodes (e.g., gassing operations), provided that 
certain pollution-prevention measures are taken. Second, we made 
changes to encourage and clarify the use of process modifications 
(e.g., reduced purge rate on a reactor vessel) to reduce emissions and 
to receive credit toward the emission reduction requirements of the 
rule.
    We are establishing these changes in concert with the philosophy of 
pollution prevention. We have the potential to achieve equal or better 
pollution reduction, while also reducing emissions to other media. 
However, we do not have enough quantitative data to know how much of a 
reduction in emissions a facility can achieve through using pollution-
prevention measures. Since we do not know what percent reduction in 
emissions to assign to the pollution-prevention approach, we cannot 
directly compare it to more traditional approaches. For these reasons, 
while there is a facility in the industry using some of these 
pollution-prevention approaches, we did not attempt to assign them a 
percent emissions reduction and include them in a determination of the 
floor.
    To implement the changes described above, we revised several 
definitions, added a definition of inprocess recycling, specified in 
the batch process vent performance testing and compliance demonstration 
provisions when a condenser can function as a control device, and added 
a recordkeeping/demonstration requirement to ensure that inprocess 
recycling is taking place.
    We revised the definitions of air pollution control device, process 
condenser, and uncontrolled HAP emissions as part of making this 
change. The revisions to the definition of air pollution control device 
specify the conditions under which a condenser, that at times operates 
as a process condenser, can be considered to be a control device. The 
revisions to the definition of uncontrolled emissions allow emissions 
to be calculated prior to a condenser that is operating as a control 
device provided the recovered HAPs are used in inprocess recycling. 
When a condenser operates as a control device, the condenser must not 
be operating as a process condenser. Uncontrolled emissions are still 
calculated after a condenser when it is operating as a process 
condenser.
    We intended for the proposed standards to provide flexibility to 
use pollution-prevention measures, such as reduced purge rates. To 
ensure sources have the flexibility to implement a variety of 
pollution-prevention measures, we made minor changes in the final rule 
in terms of the definition of control device and added a definition of 
control technology. The new definition of control technology will allow 
the implementation of reduced reactor purge rates and other pollution-
prevention measures.
    We are adding these measures to the final rule to provide 
facilities flexibility and the opportunity to take credit for their 
pollution-prevention measures, provided certain conditions are met. We 
do not, however, assume that a facility using a pollution-prevention 
approach will be operating in compliance with the standard. Any 
facility using this approach must demonstrate that it is meeting the 
percent reduction required by the rule.
    Comments: Two commenters expressed concerns regarding the equipment 
leak analysis supporting the proposed standard (i.e., the HON leak 
detection and repair (LDAR) program) for equipment leaks. The 
commenters' main concerns were that: (1) The use of the average 
synthetic organic chemical manufacturing industry (SOCMI) emission 
factors overstated emissions from amino/phenolic resins facilities, (2) 
the costs were understated (e.g., by always using the lower cost 
assumption), and (3) experience with LDAR programs at other facilities 
showed that LDAR programs were costly and ineffective. The commenters 
believed that no LDAR program should be implemented for amino/phenolic 
resins facilities or, at most, a LDAR program based on the presumptive 
MACT level (i.e., the monthly LDAR program pursuant to SOCMI subpart VV 
to 40 CFR part 63) should be implemented. One commenter also stated 
that the State of Massachusetts Regulation CMR 7.18(19), upon which the 
MACT floor for new facilities was based, had been mischaracterized.
    Response: In consideration of these comments, we conducted a 
reanalysis of the MACT floor and regulatory alternatives above the 
floor for implementing the LDAR program for emissions from equipment 
leaks for both new and existing affected sources. We made the following 
major changes in the reanalysis:
     Only included those facilities that provided facility-
specific information on component counts, percent HAPs contacting the 
components, and time in HAPs service.
     Used the State of Massachusetts Regulation CMR 7.18(19) in 
lieu of SOCMI subpart VV to represent the new source MACT floor.
     Used the State of Massachusetts Regulation CMR 7.18(19) 
instead of

[[Page 3288]]

SOCMI subpart VV to 40 CFR part 63 as a regulatory alternative above 
the floor (MACT floor is no control) for existing sources.
    The average SOCMI emission factors continue to reflect the best 
data available to represent LDAR emissions from this industry.
    We modified the costing algorithm to include costs associated with 
components in heavy liquid service; these costs were not included at 
proposal. However, we concluded that other assumptions used in the 
proposal costing are valid and have been retained in the reanalysis. We 
continue to believe that facilities will try to minimize their costs in 
implementing LDAR programs, and the use of assumptions that minimize 
costs is, therefore, reasonable.
    The results of the reanalysis confirm that it is cost effective to 
go beyond the MACT floor for existing and new affected sources to 
include a HON-based LDAR program at amino/phenolic resins facilities in 
the final rule. The average incremental cost effectiveness of 
implementing the HON-based LDAR program is $1,677 per ton of emission 
reduction for both new and existing affected sources.
    Comments: Two commenters stated that heat exchange systems should 
not be regulated for the following reasons. First, there were no data 
or other evidence to justify including the provisions. Second, the MACT 
floor for the control of heat exchange systems was not determined, and 
an analysis of control beyond the MACT floor was not done.
    These two commenters stated that the pressure on the cooling side 
of process condensers, which is a commonly used heat exchange system, 
normally exceeds the pressure on the process side. This means that the 
cooling water would tend to leak into the process liquid, rather than 
the process liquid leaking into the cooling water and ultimately 
resulting in HAPs emissions from the cooling towers. Therefore, the 
commenters reasoned that the requirement for routine measurements and 
recordkeeping of the heat exchange systems is not warranted.
    Response: We believe that heat exchange systems are a potential 
source of emissions; therefore, we retained the work practice standard 
in the final rule. We are not aware that the operation of heat exchange 
systems in the amino/phenolic resins industry is different than their 
operation in the SOCMI, which were determined to warrant control under 
the HON MACT (40 CFR part 63, subpart F). The compounds in Table 4 of 
the HON MACT (40 CFR part 63, subpart F) include formaldehyde, 
methanol, phenol, toluene, and xylene as HAPs with potential to be 
emitted from cooling towers. These are the major HAPs emitted by the 
amino/phenolic resins industry.
    The heat exchange system requirements are a specific example of an 
emission control program necessary for the source to be operated in a 
manner consistent with good air pollution control practices, as 
specified in Sec. 63.6(e)(1)(I) of the General Provisions for 40 CFR 
part 63 regulations. Because some form of monitoring is already being 
conducted to meet State requirements or other rules, the cost of 
monitoring the heat exchange system for leaks is minimal. The program 
is already being applied if an APPU uses a shared cooling system at 
sites covered by the HON or other polymer and resin rules.
    Finally, the final rule retains the monitoring exemption included 
at proposal for a heat exchange system that operates with a pressure on 
the cooling water side at least 35 kilopascals greater than the maximum 
pressure on the process side. With this pressure differential, any 
leakage would be into the process fluid, not into the cooling water.

VIII. What Are the Administrative Requirements of the Rule?

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive 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, it has been 
determined that this rule is not a ``significant regulatory action'' 
and is therefore not subject to OMB review.

B. Executive Order 13084--Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the rule meets both 
criteria, the Agency must evaluate the environmental health or safety 
effects of the planned rule on children and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This rule is not

[[Page 3289]]

subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

D. Executive Order 13132

    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. The 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 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. 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this rule.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objective of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that this rule does not include a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments, in the aggregate, or to the 
private sector in any 1 year. The maximum total annual cost of this 
rule for any year has been estimated to be less than $3 million. Thus, 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA. In addition, EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments since it does not impose any obligations on such 
governments. Therefore, today's final rule is not subject to the 
requirements of section 203 of the UMRA.

F. Regulatory Flexibility

    After considering the economic impacts of today's final rule on 
small entities, EPA has determined that this action will not have a 
significant economic impact on a substantial number of small entities 
and that it is not necessary to prepare a regulatory flexibility 
analysis in connection with this final rule. We have determined that of 
the twenty affected firms, only six are small businesses. The mean 
annual cost as a percentages of an affected small firm sales will be 
much less than 1 percent (0.08 percent), and no higher than 0.38 
percent for any affected small firm
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. In order to 
minimize the impact of the rule for leaking equipment, we have exempted 
firms producing less than 881 tpy (800 Mg/yr) from complying with 
requirements to have a leak detection and repair program.

G. Paperwork Reduction Act

    The information collection requirements in this rule will be 
submitted for approval to the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information 
Collection Request (ICR) document has been prepared by EPA (ICR No. 
1856.02) and a copy may be obtained from Sandy Farmer by mail at OP 
Regulatory Information Division, U.S. Environmental Protection Agency 
(2137), 401 M Street SW, Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the internet at http://www.epa.gov/icr. The information 
requirements are not effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the Act (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is

[[Page 3290]]

safeguarded according to Agency policies set forth in 40 CFR part 2, 
subpart B.
    The rule requires maintenance inspections of the control devices 
but would not require any notifications or reports beyond those 
required by the General Provisions. The recordkeeping requirements 
require only the specific information needed to determine compliance.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after the effective date of 
the rule) is estimated to be 32,252 labor hours per year at a total 
annual cost of $1,441,539. This estimate includes a one-time 
performance test and report (with repeat tests where needed); one-time 
purchase and installation of bag leak detection systems; one-time 
submission of a startup, shutdown, and malfunction plan with semiannual 
reports for any event when the procedures in the plan were not 
followed; semiannual excess emission reports; maintenance inspections; 
notifications; and recordkeeping. Total capital/startup costs 
associated with the monitoring requirements over the 3-year period of 
the ICR are estimated at $80,000, with no operation and maintenance 
costs.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The OMB 
control number(s) for the information collection requirements in this 
rule will be listed in an amendment to 40 CFR part 9 or 48 CFR Chapter 
15 in a subsequent Federal Register document after OMB approves the 
ICR.

H. National Technology Transfer and Advancement Act

    As noted in the proposed rule, 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), directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., material 
specifications, test method, sampling procedures, and business 
practices) that are developed or adopted by one or more voluntary 
consensus standards bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.
    This rulemaking involves technical standards. Therefore, the Agency 
conducted a search to identify potentially applicable voluntary 
consensus standards. However, we identified no such standards, and none 
were brought to our attention in comments. Therefore, we have decided 
to retain the standards in the proposed rule.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA of 1996, generally provides that before a rule may take 
effect, the agency promulgating the rule must submit a rule report, 
which includes a copy of the rule, to each House of the Congress and to 
the Comptroller General of the United States. Therefore, EPA will 
submit a report containing this rule 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 
of the rule in the Federal Register. A ``major rule'' cannot take 
effect until 60 days after it is published in the Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
rule will be effective January 20, 2000.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Amino/phenolic resins production, Hazardous 
substances, Reporting and recordkeeping requirements.


    Dated: December 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--[AMENDED]

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

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

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

Subpart OOO--National Emission Standards for Hazardous Air 
Pollutant Emissions: Manufacture of Amino/Phenolic Resins

Sec.
63.1400   Applicability and designation of affected sources.
63.1401   Compliance schedule.
63.1402   Definitions.
63.1403   Emission standards.
63.1404   Storage vessel provisions.
63.1405   Continuous process vent provisions.
63.1406   Reactor batch process vent provisions.
63.1407   Non-reactor batch process vent provisions.
63.1408   Aggregate batch vent stream provisions.
63.1409   Heat exchange system provisions.
63.1410   Equipment leak provisions.
63.1411   [Reserved]
63.1412   Continuous process vent applicability assessment 
procedures and methods.
63.1413   Compliance demonstration procedures.
63.1414   Test methods and emission estimation equations.
63.1415   Monitoring requirements.
63.1416   Recordkeeping requirements.
63.1417   Reporting requirements.
63.1418   [Reserved]
63.1419   Delegation of authority.

Table 1 to Subpart OOO of Part 63-Applicability of General 
Provisions to Subpart OOO Affected Sources
Table 2 to Subpart OOO of Part 63--Known Organic Hazardous Air 
Pollutants (HAP) From the Manufacture of Amino/Phenolic Resins
Table 3 to Subpart OOO of Part 63--Batch Process Vent Monitoring 
Requirements
Table 4 to Subpart OOO of Part 63--Operating Parameter Levels
Table 5 to Subpart OOO of Part 63--Reports Required by This Subpart
Table 6 to Subpart OOO of Part 63--Coefficients for Total Resource 
Effectiveness


Sec. 63.1400  Applicability and designation of affected sources.

    (a) Applicability. The provisions of this subpart apply to the 
owner or operator of processes that produce amino/phenolic resins and 
that are located at a plant site that is a major source as defined in 
Sec. 63.2.
    (b) Affected source. The affected source is:

[[Page 3291]]

    (1) The total of all amino/phenolic resin process units (APPU);
    (2) The associated heat exchange systems;
    (3) Equipment required by, or utilized as a method of compliance 
with, this subpart which may include control devices and recovery 
devices;
    (4) Equipment that does not contain organic hazardous air 
pollutants (HAPs) and is located within an APPU that is part of an 
affected source;
    (5) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only;
    (6) Equipment that is intended to operate in organic HAP service 
for less than 300 hours during the calendar year;
    (7) Each waste management unit; and
    (8) Maintenance wastewater.
    (c) Existing affected source. The affected source to which the 
existing source provisions of this subpart apply is defined in 
paragraph (b) of this section.
    (d) New affected source. The affected source to which the new 
source provisions of this subpart apply is:
    (1) Each affected source defined in paragraph (b) of this section 
that commences construction or reconstruction after December 14, 1998;
    (2) Each additional group of one or more APPU and associated heat 
exchange systems that has the potential to emit 10 tons per year or 
more of any organic HAP or 25 tons per year or more of any combination 
of organic HAP that commences construction after December 14, 1998; or
    (3) Each group of one or more process units and associated heat 
exchange systems that are converted to APPUs after December 14, 1998, 
that has the potential to emit 10 tons per year or more of any organic 
HAP or 25 tons per year or more of any combination of organic HAP.
    (e) APPUs without organic HAP. An APPU that is part of an affected 
source, as defined in paragraph (c) or (d) of this section, but that 
does not use or manufacture any organic HAP, is not subject to any 
other provisions of this subpart and is not required to comply with the 
provisions of subpart A of this part. When requested by the 
Administrator, the owner or operator shall demonstrate that the APPU 
does not use or manufacture any organic HAP. Types of information that 
could document this determination include, but are not limited to, 
records of chemicals purchased for the process, analyses of process 
stream composition, engineering calculations, or process knowledge.
    (f) Exemption from equipment leak provisions. Affected sources with 
actual annual production of amino/phenolic resin equal to or less than 
800 megagrams per year (Mg/yr) for the 12-month period preceding 
December 14, 1998 are exempt from the equipment leak provisions 
specified in Sec. 63.1410. The owner or operator utilizing this 
exemption shall recheck the actual annual production of amino/phenolic 
resins for each 12-month period following December 14, 1998. The 
beginning of each 12-month period shall be the anniversary of December 
14, 1998. If the actual annual production of amino/phenolic resins is 
greater than 800 Mg/yr for any 12-month period, the owner or operator 
shall comply with Sec. 63.1410 for the life of the affected source or 
until the affected source is no longer subject to the provisions of 
this subpart.
    (g) Primary product determination and applicability. For purposes 
of this paragraph, amino resins and phenolic resins shall be considered 
to be the same product and production time or production mass of amino 
and phenolic resins shall be combined for purposes of determining the 
primary product under this paragraph (g). If the owner or operator 
determines that a process unit is not an APPU under paragraphs (g)(1) 
through (4) of this section, the owner or operator shall, when 
requested by the Administrator, demonstrate that the process unit is 
not an APPU.
    (1) Applicability determinations for process units producing 
multiple products. A process unit that produces more than one intended 
product at the same time is an APPU if amino/phenolic resin production 
accounts for the greatest percent of the annual design capacity on a 
mass basis. If a process unit has the same annual design capacity on a 
mass basis for two or more products, the process unit shall be an APPU 
if amino/phenolic resins are one of those products.
    (2) Flexible operations process unit determination based on 
operating time. A flexible operations process unit is an APPU if amino/
phenolic resins will be produced for the greatest operating time over 
the 5 years following December 14, 1998 at existing process units, or 
for the first year after the process unit begins production of any 
product for new process units.
    (3) Flexible operations process unit determination based on mass 
production basis. A flexible operations process unit that will 
manufacture multiple products equally based on operating time is an 
APPU if amino/phenolic resins account for the greatest percentage of 
the expected production on a mass basis over the 5 years following 
December 14, 1998 at existing process units, or for the first year 
after the process unit begins production of any product for new process 
units.
    (4) Flexible operations process unit default determination. If the 
owner or operator cannot determine whether or not amino/phenolic resins 
are the primary product of a flexible operations process unit in 
accordance with paragraphs (g)(2) and (3) of this section, the flexible 
operations process unit shall be designated as an APPU if amino/
phenolic resins were produced for 5 percent or greater of the total 
operating time since December 14, 1998 for existing process units. The 
flexible operations process unit shall be designated as an APPU if the 
owner or operator anticipates that amino/phenolic resins will be 
manufactured in the flexible operations process unit at any time in the 
first year after the date the unit begins production of any product for 
new process units.
    (5) Annual applicability determination for non-APPUs that have 
produced amino/phenolic resins. Once per year beginning December 14, 
2003, the owner or operator of each flexible operations process unit 
that is not designated as an APPU, but that has produced amino/phenolic 
resins at any time in the preceding 5-year period or since the date 
that the unit began production of any product, whichever is shorter, 
shall perform an evaluation to determine whether the process unit has 
become an APPU. A flexible operations process unit has become an APPU 
if amino/phenolic resins were produced for the greatest operating time 
over the preceding 5-year period or since the date that the process 
unit began production of any product, whichever is shorter.
    (6) Applicability determination for non-APPUs that have not 
produced amino/phenolic resins. The owner or operator that anticipates 
the production of amino/phenolic resins in a process unit that is not 
designated as an APPU, and in which no amino/phenolic resins have been 
produced in the previous 5-year period or since the date that the 
process unit began production of any product, whichever is shorter, 
shall determine if the process unit will become an APPU. The owner or 
operator shall use the procedures in paragraphs (g)(1) through (4) of 
this section to determine if the process unit is designated as an APPU, 
with the following exception: for existing process units, production 
shall be projected for the 5 years following the date that the owner or 
operator anticipates initiating the production of amino/phenolic

[[Page 3292]]

resins, instead of the 5 years following December 14, 1998.
    (7) Redetermination of applicability to APPU that are flexible 
operations process units. Whenever changes in production occur that 
could reasonably be expected to cause a flexible operations process 
unit to no longer be an APPU (i.e., amino/phenolic resins will no 
longer be the primary product according to the determination procedures 
in paragraphs (g)(2) through (4) of this section), the owner or 
operator shall reevaluate the status of the process unit as an APPU. A 
flexible operations process unit has ceased to be an APPU subject to 
this subpart if the following criteria are met:
    (i) If amino/phenolic resins were not produced for the greatest 
operating time over the preceding 5-year period or since the date that 
the process unit began production of any product, whichever is shorter;
    (ii) If the new primary product, which is not amino/phenolic 
resins, is subject to another subpart of this part; and
    (iii) If the owner or operator has notified the Administrator of 
the pending change in status for the flexible operations process unit, 
as specified in Sec. 63.1417(h)(4).
    (8) APPU terminating production of all amino/phenolic resins. If an 
APPU terminates the production of all amino/phenolic resins and does 
not anticipate the production of any amino/phenolic resins in the 
future, the process unit is no longer an APPU and is not subject to 
this subpart after notification is made to the Administrator, as 
specified in Sec. 63.1417(h)(4).
    (h) Storage vessel applicability determination. The owner or 
operator of a storage vessel at a new affected source shall determine 
assignment to a process unit as follows:
    (1) If a storage vessel is already subject to another subpart of 
part 63 on January 20, 2000, said storage vessel shall continue to be 
assigned to the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., said process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units, and if one or more of those process 
units is an APPU subject to this subpart, the storage vessel shall be 
assigned to any of the APPUs.
    (5) [Reserved]
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the use as 
follows:
    (i) For existing affected sources, use shall be determined based on 
the following:
    (A) The year preceding January 20, 2000; or
    (B) The expected use for the 5 years following January 20, 2000.
    (ii) For new affected sources, use shall be determined based on the 
first 5 years after initial start-up.
    (7) Where the storage vessel is located in a tank farm (including a 
marine tank farm), the assignment of the storage vessel shall be 
determined according to paragraphs (h)(7)(i) and (ii) of this section. 
Only those storage vessels where a portion or all of the input into or 
output from the storage vessel is hardpiped directly to one or more 
process units are covered by this paragraph.
    (i) The storage vessel is assigned to a process unit if the product 
or raw material entering or leaving the process unit flows directly 
into (or from) the storage vessel in the tank farm without passing 
through any intervening storage vessel. An intervening storage vessel 
means a storage vessel connected by hardpiping both to the process unit 
and to the storage vessel in the tank farm.
    (ii) If there are two or more process units that meet the criteria 
of paragraph (h)(7)(i) of this section with respect to a storage 
vessel, the storage vessel shall be assigned to one of those process 
units according to the provisions of paragraphs (h)(3) through (6) of 
this section.
    (8) If the storage vessel begins receiving material from (or 
sending material to) a process unit that was not included in the 
initial determination, or ceases to receive material from (or send 
material to) a process unit, the owner or operator shall reevaluate the 
applicability of this subpart to the storage vessel according to the 
procedures in paragraphs (h)(3) through (7) of this section.
    (i) Applicability of other subparts to this subpart. Paragraphs 
(i)(1) through (5) describe the applicability of other subparts to this 
subpart.
    (1) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
that is also subject to and complying with the provisions of 40 CFR 
part 60, subpart Kb, shall continue to comply with 40 CFR part 60, 
subpart Kb. After the compliance dates specified in this section, a 
storage vessel that is assigned to an affected source subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart Kb, but the owner or operator has not been required to apply 
controls as part of complying with 40 CFR part 60, subpart Kb, is 
required to comply only with the provisions of this subpart. After the 
compliance dates specified in this section, said storage vessel shall 
no longer be subject to 40 CFR part 60, subpart Kb.
    (2) Affected sources subject to this subpart that are also subject 
to the provisions of subpart Q of this part shall comply with both 
subparts.
    (3) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, or the provisions of subpart 
H of this part, is required to comply only with the provisions of this 
subpart. After the compliance dates specified in this section, said 
source shall no longer be subject to 40 CFR part 60, subpart VV, or 
subpart H of this part, as appropriate.
    (4) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraph (i)(4)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (i)(4)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that 
heat exchange system.
    (i) Subpart F of this part.
    (ii) A subpart of this part that requires compliance with 
Sec. 63.104 (e.g., subpart U of this part).
    (5) After the compliance dates specified in this subpart, if any 
combustion device, recovery device or recapture device subject to this 
subpart is also subject to monitoring, recordkeeping, and reporting 
requirements in 40 CFR part 264, subparts AA, BB, or CC, or is subject 
to monitoring and recordkeeping requirements in 40 CFR part 265, 
subparts AA, BB, or CC, and the owner or operator complies with the 
periodic reporting requirements under 40 CFR part 264, subparts AA, BB, 
or CC, that would apply to the device if the facility had final-
permitted status, the owner or operator may elect to comply either with 
the monitoring, recordkeeping and reporting requirements of this 
subpart, or with the monitoring, recordkeeping and reporting 
requirements in 40 CFR parts 264 and/or 265, as described in this 
paragraph, which shall constitute

[[Page 3293]]

compliance with the monitoring, recordkeeping and reporting 
requirements of this subpart. If the owner or operator elects to comply 
with the monitoring, recordkeeping, and reporting requirements in 40 
CFR parts 264 and/or 265, the owner or operator shall report all 
information required by Sec. 63.1417(f), Periodic Reports, as part of 
complying with the requirements of 40 CFR parts 264 and/or 265.
    (j) Applicability of General Provisions. Table 1 of this subpart 
specifies the provisions of subpart A of this part that apply and do 
not apply to owners and operators of affected sources subject to this 
subpart.
    (k) Applicability of this subpart during periods of start-up, 
shutdown, malfunction, or non-operation. Paragraphs (k)(1) through (4) 
of this section shall be followed during periods of start-up, shutdown, 
malfunction, or non-operation of the affected source or any part 
thereof.
    (1) The emission limitations set forth in this subpart and the 
emission limitations referred to in this subpart shall apply at all 
times except during periods of non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. The emission limitations of this subpart 
and the emission limitations referred to in this subpart shall not 
apply during periods of start-up, shutdown, or malfunction. During 
periods of start-up, shutdown, or malfunction, the owner or operator 
shall follow the applicable provisions of the start-up, shutdown, and 
malfunction plan required by Sec. 63.6(e)(3). However, if a start-up, 
shutdown, malfunction, or period of non-operation of one portion of an 
affected source does not affect the ability of a particular emission 
point to comply with the emission limitations to which it is subject, 
then that emission point shall still be required to comply with the 
applicable emission limitations of this subpart during the start-up, 
shutdown, malfunction, or period of non-operation. For example, if 
there is an overpressure in the reactor area, a storage vessel that is 
part of the affected source would still be required to be controlled in 
accordance with Sec. 63.1404.
    (2) The emission limitations set forth in 40 CFR part 63, subpart 
UU, as referred to in Sec. 63.1410, shall apply at all times except 
during periods of non-operation of the affected source (or specific 
portion thereof) in which the lines are drained and depressurized 
resulting in cessation of the emissions to which Sec. 63.1410 applies, 
or during periods of start-up, shutdown, malfuncton, or process unit 
shutdown. During periods of start-up, shutdown, malfunction, or process 
unit shutdown, the owner or operator shall follow the applicable 
provisions of the start-up, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3).
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
periods of start-up, shutdown, or malfunction; or during times when 
emissions are being routed to such items of equipment if the shutdown 
would contravene requirements of this subpart applicable to such items 
of equipment. This paragraph does not apply if the item of equipment is 
malfunctioning. This paragraph also does not apply if the owner or 
operator shuts down the compliance equipment (other than monitoring 
systems) to avoid damage due to a contemporaneous start-up, shutdown, 
or malfunction of the affected source or portion thereof. If the owner 
or operator has reason to believe that monitoring equipment would be 
damaged due to a contemporaneous start-up, shutdown, or malfunction of 
the affected source or portion thereof, the owner or operator shall 
provide documentation supporting such a claim in the Precompliance 
Report as provided in Sec. 63.1417(d)(9) or in a supplement to the 
Precompliance Report. Once approved by the Administrator in accordance 
with Sec. 63.1417(d)(9), the provision for ceasing to collect, during a 
start-up, shutdown, or malfunction, monitoring data that would 
otherwise be required by the provisions of this subpart shall be 
incorporated into the start-up, shutdown, malfunction plan for the 
affected source, as stated in paragraph (k) of this section.
    (4) During start-ups, shutdowns, and malfunctions when the emission 
limitations of this subpart do not apply pursuant to paragraphs (k)(1) 
through (3) of this section, the owner or operator shall implement, to 
the extent reasonably available, measures to prevent or minimize excess 
emissions to the extent practical. For purposes of this paragraph, the 
term ``excess emissions'' means emissions in excess of those that would 
have occurred if there were no start-up, shutdown, or malfunction and 
the owner or operator complied with the relevant provisions of this 
subpart. The measures to be taken shall be identified in the applicable 
start-up, shutdown, and malfunction plan, and may include, but are not 
limited to, air pollution control technologies, recovery technologies, 
work practices, pollution prevention, monitoring, and/or changes in the 
manner of operation of the affected source. Back-up control devices are 
not required, but may be used if available.


Sec. 63.1401  Compliance schedule.

    (a) New affected sources that commence construction or 
reconstruction after December 14, 1998, shall be in compliance with 
this subpart upon initial start-up or January 20, 2000, whichever is 
later.
    (b) Existing affected sources shall be in compliance with this 
subpart no later than 3 years after January 20, 2000.
    (c) If an affected source using the exemption provided in 
Sec. 63.1400(f) has an actual annual production of amino/phenolic 
resins exceeding 800 Mg/yr for any 12-month period, the owner or 
operator shall comply with the provisions of Sec. 63.1410 for the 
affected source within 3 years. The starting point for the 3-year 
compliance time period shall be the end of the 12-month period in which 
actual annual production for amino/phenolic resins exceeds 800 Mg/yr.
    (d) Pursuant to section 112(i)(3)(B) of the Clean Air Act, an owner 
or operator may request an extension allowing the existing affected 
source up to 1 additional year to comply with section 112(d) standards. 
For purposes of this subpart, a request for an extension shall be 
submitted to the permitting authority as part of the operating permit 
application or to the Administrator as a separate submittal or as part 
of the Precompliance Report.
    (1) Requests for extensions shall be submitted no later than 120 
days prior to the compliance dates specified in paragraphs (a) and (b) 
of this section and shall include the data described in 
Sec. 63.6(i)(6)(i)(A), (B), and (D). The dates specified in 
Sec. 63.6(i) for submittal of requests for extensions shall not apply 
to this subpart.
    (2) An owner or operator may submit a compliance extension request 
less than 120 days prior to the compliance dates specified in 
paragraphs (a) and (b) of this section provided that the need for the 
compliance extension arose after that date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include, in addition to the information specified in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), a statement of the reasons 
additional time is needed and the date when the owner or operator first 
learned of the circumstances necessitating a request for compliance 
extension.
    (e) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annual), unless specified

[[Page 3294]]

otherwise, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by 
mutual agreement between the owner or operator and the Administrator, 
as specified in subpart A of this part (e.g., a period could begin on 
the compliance date or another date, rather than on the first day of 
the standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraph (e)(2)(i) or (ii) of this section, as 
appropriate:
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at 
least 2 weeks for tasks that must be performed monthly, at least 1 
month for tasks that must be performed each quarter, or at least 3 
months for tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the 
end of the first full standard calendar period after the period within 
which the initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.


Sec. 63.1402  Definitions.

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

Act (Sec. 63.2)
    Administrator (Sec. 63.2)
    Annual average concentration (Sec. 63.111)
    Annual average flow rate (Sec. 63.111)
    Automated monitoring and recording system (Sec. 63.111)
    Boiler (Sec. 63.111)
    Bottoms receiver (Sec. 63.161)
    By compound (Sec. 63.111)
    By-product (Sec. 63.101)
    Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
    Combustion device (Sec. 63.111)
    Commenced (Sec. 63.2)
    Compliance date (Sec. 63.2)
    Connector (Sec. 63.161)
    Construction (Sec. 63.2)
    Continuous monitoring system (Sec. 63.2)
    Distillation unit (Sec. 63.111)
    Duct work (Sec. 63.161)
    Emission standard (Sec. 63.2)
    EPA (Sec. 63.2)
    External floating roof (Sec. 63.111)
    First attempt at repair (Sec. 63.111)
    Flame zone (Sec. 63.111)
    Floating roof (Sec. 63.111)
    Flow indicator (Sec. 63.111)
    Fuel gas (Sec. 63.101)
    Fuel gas system (Sec. 63.101)
    Hard-piping (Sec. 63.111)
    Hazardous air pollutant (Sec. 63.2)
    Impurity (Sec. 63.101)
    Inorganic hazardous air pollutant service (Sec. 63.161)
    Incinerator (Sec. 63.111)
    Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.111)
Reactor (Sec. 63.111)
Reconstruction (Sec. 63.2)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Total resource effectiveness (TRE) index value (Sec. 63.111)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in Secs. 63.2, 63.101, 
63.111, or 63.161 or defined in 40 CFR part 63, subparts SS, UU, or WW 
and in this section, it shall have the meaning given in this section 
for purposes of this subpart.
    Aggregate batch vent stream means a process vent containing 
emissions from at least one reactor batch process vent and at least one 
additional reactor or non-reactor batch process vent where the 
emissions are ducted, hardpiped, or otherwise connected together for a 
continuous flow.
    Amino resin means a thermoset resin produced through the reaction 
of formaldehyde, or a formaldehyde containing solution (e.g., aqueous 
formaldehyde), with compound(s) that contain the amino group; these 
compounds include melamine, urea, and urea derivatives. Formaldehyde 
substitutes are exclusively aldehydes.
    Amino/phenolic resin means one or both of the following:

(1) Amino resin; or
(2) Phenolic resin.

    Amino/phenolic resin. process unit (APPU) means a collection of 
equipment assembled and connected by hardpiping or ductwork used to 
process raw materials and to manufacture an amino/phenolic resin as its 
primary product. This collection of equipment includes unit operations; 
process vents; storage vessels, as determined in Sec. 63.1400(h); and 
the equipment that is subject to the equipment leak provisions as 
specified in Sec. 63.1410. Utilities, lines and equipment not 
containing process fluids, and other non-process lines, such as heating 
and cooling systems which do not combine their materials with those in 
the processes they serve, are not part of the amino/phenolic resin 
process unit. An amino/phenolic resin process unit consists of more 
than one unit operation.
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch mode means the discontinuous bulk movement of material 
through a unit operation. Mass, temperature, concentration, and other 
properties may vary with time. For a unit operation operated in a batch 
mode (i.e., batch unit operation), the addition of material and 
withdrawal of material do not typically occur simultaneously.
    Batch process vent means a process vent from a batch unit operation 
within an affected source. Batch process vents are either reactor batch 
process vents or non-reactor batch process vents.
    Batch unit operation means a unit operation operated in a batch 
mode.
    Block means the time period that comprises a single batch cycle.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic 
vapors in a combustion device.
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other

[[Page 3295]]

properties typically approach steady-state conditions. For a unit 
operation operated in a continuous mode (i.e., continuous unit 
operation), the simultaneous addition of raw material and withdrawal of 
product is typical.
    Continuous process vent means a process vent from a continuous unit 
operation within an affected source. Process vents that are serving as 
control devices are not subject to additional control requirements.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.1416(c) or 
(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1 hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device means any combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For continuous process vents, recapture devices 
are considered control devices but recovery devices are not considered 
control devices. Condensers operating as process condensers are not 
considered control devices. For a condenser that sometimes operates as 
a process condenser to be considered a control device, it shall not be 
operating as a process condenser for a given batch emission episode, 
and it shall recycle of the recovered material within the process.
    Control technology means any process modification or use of 
equipment that reduces organic HAP emissions. Examples include, but are 
not limited to, product reformulation to reduce solvent content and/or 
use, batch cycle time reduction to reduce the duration of emissions, 
reduction of nitrogen purge rate, and the lowering of process condenser 
coolant temperatures.
    Controlled organic HAP emissions means the quantity of organic HAP 
discharged to the atmosphere from a control device.
    Emission point means an individual continuous process vent, batch 
process vent, aggregate batch vent stream, storage vessel, equipment 
leak, or heat exchange system.
    Equipment means , for the purposes of the provisions in 
Sec. 63.1410, each pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve or line, valve, connector, 
and instrumentation system in organic HAP service; and any control 
devices or systems required by Sec. 63.1410. For purposes of this 
subpart, surge control vessels and bottom receivers are not equipment 
for purposes of regulating equipment leak emissions. Surge control 
vessels and bottoms receivers are regulated as non-reactor batch 
process vents for the purposes of this subpart.
    Equipment leak means emissions of organic HAP from a pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system that 
either contains or contacts a fluid (liquid or gas) that is at least 5 
percent by weight of total organic HAP.
    Existing process unit means any process unit that is not a new 
process unit.
    Flexible operations process unit means a process unit that 
periodically manufactures different chemical products, polymers, or 
resins by alternating raw materials or operating conditions. These 
units are also referred to as campaign plants or blocked operations.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water) designed and intended 
to operate to not allow contact between the cooling medium and process 
fluid or gases (i.e., a noncontact system). A heat exchange system may 
include more than one heat exchanger and may include recirculating or 
once-through cooling systems.
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of organic HAP charged to the reactor 
during the production of a single batch of product.
    Initial start-up means the first time a new or reconstructed 
affected source begins production, or, for equipment added or changed, 
the first time the equipment is put into operation. Initial start-up 
does not include operation solely for testing equipment. Initial start-
up does not include subsequent start-ups of an affected source or 
portion thereof following malfunctions or shutdowns, or following 
changes in product for flexible operation process units, or following 
recharging of equipment in batch operation. Further, for purposes of 
Secs. 63.1401 and 63.1410, initial start-up does not include subsequent 
start-ups of affected sources or portions thereof following 
malfunctions or process unit shutdowns.
    Inprocess recycling means a recycling operation in which recovered 
material is used by a unit operation within the same affected source. 
It is not necessary for recovered material to be used by the unit 
operation from which they were recovered.
    Maintenance wastewater means wastewater generated by the draining 
of process fluid from components in the APPU into an individual drain 
system prior to or during maintenance activities. Maintenance 
wastewater can be generated during planned and unplanned shutdowns and 
during periods not associated with a shutdown. Examples of activities 
that can generate maintenance wastewaters include descaling of heat 
exchanger tubing bundles, cleaning of distillation column traps, 
draining of low legs and high point bleeds, draining of pumps into an 
individual drain system, and draining of portions of the APPU for 
repair. The generation of wastewater from the routine rinsing or 
washing of equipment in batch operation between batches is not 
maintenance wastewater for the purposes of this subpart.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment or process 
equipment, or failure of a process to operate in a normal or usual 
manner, or opening of a safety device. Failures that are caused in part 
by poor maintenance or careless operation are not malfunctions.
    Maximum representative operating conditions means, for purposes of 
testing or measurements required by Sec. 63.1413, those conditions 
which reflect the highest organic HAP emissions reasonably expected to 
be vented to the control device or emitted to the atmosphere. For 
affected sources that produce the same product(s) using multiple 
recipes, the production of the highest-HAP recipe is reflective of 
maximum representative operating conditions.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in the stored liquid at the 
temperature equal to the highest calendar-month average of the liquid 
storage temperature for liquids stored above or below the ambient 
temperature, or at the local maximum monthly average temperature as 
reported by the National Weather Service for liquids stored at the 
ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14); or
    (2) As obtained from standard reference texts; or

[[Page 3296]]

    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec. 63.14); 
or
    (4) Any other method approved by the Administrator.
    Multicomponent system means, as used in conjunction with batch 
process vents, a stream whose liquid and/or vapor contains more than 
one compound.
    Net heating value means the difference between the heat value of 
the recovered chemical stream and the minimum heat value required to 
ensure a stable flame in the combustion device. This difference must 
have a positive value when used in the context of ``recovering 
chemicals for fuel value'' (e.g., in the definition of ``recovery 
device'' in this section).
    New process unit means a process unit for which the construction or 
reconstruction commenced after December 14, 1998.
    Non-reactor batch process vent means a batch process vent 
originating from a unit operation other than a reactor. Non-reactor 
batch process vents include, but are not limited to, batch process 
vents from filter presses, surge control vessels, bottoms receivers, 
weigh tanks, and distillation systems.
    Non-solvent-based resin means an amino/phenolic resin manufactured 
without the use of a solvent as described in the definition of solvent-
based resin.
    On-site or On site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, records are stored at a location within a major source 
which encompasses the affected source. On-site includes, but is not 
limited to, storage at the affected source or APPU to which the records 
pertain, or storage in central files elsewhere at the major source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec. 63.1417(e). The 
operating day is the period for which daily average monitoring values 
and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 2 of this subpart or any other 
chemical which is:
    (1) Knowingly produced or introduced into the manufacturing process 
other than as an impurity; and
    (2) Listed in Table 2 of subpart F of this part.
    Phenolic resin means a thermoset resin that is a condensation 
product of formaldehyde and phenol, or a formaldehyde substitute and/or 
a phenol substitute. Substitutes for formaldehyde are exclusively 
aldehydes and include acetaldehyde or furfuraldehyde. Substitutes for 
phenol include other phenolic starting compounds such as cresols, 
xylenols, p-tert-butylphenol, p-phenylphenol, nonylphenol, and 
resorcinols.
    Process condenser means a condenser functioning so as to recover 
material as an integral part of a unit operation(s). A process 
condenser shall support a vapor-to-liquid phase change for periods of 
equipment operation that are at or above the boiling or bubble point of 
substance(s) at the liquid surface. Examples of process condensers 
include distillation condensers, reflux condensers, and condensers used 
in stripping or flashing operations. In a series of condensers, all 
condensers up to and including the first condenser with an exit gas 
temperature below the boiling or bubble point of the substance(s) at 
the liquid surface are considered to be process condensers. All 
condensers in line prior to a vacuum source are considered process 
condensers when the vacuum source is being operated. A condenser may be 
a process condenser for some batch emission episodes and, when meeting 
certain conditions, may be a control device for other batch emission 
episodes.
    Process unit means a collection of equipment assembled and 
connected by hardpiping or ductwork used to process raw materials and 
to manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
where the gaseous emission stream is discharged to the atmosphere 
either directly or after passing through one or more control, recovery, 
or recapture devices. Unit operations that may have process vents are 
condensers, distillation units, reactors, or other unit operations 
within the APPU. Emission streams that are undiluted and uncontrolled 
containing less than 50 parts per million volume (ppmv) organic HAP, as 
determined through process knowledge that no organic HAP are present in 
the emission stream or using an engineering assessment as discussed in 
Sec. 63.1414(d)(6); test data using the test methods specified in 
Sec. 63.1414(a); or any other test method that has been validated 
according to the procedures in Method 301 of appendix A of this part 
are not considered process vents. Process vents exclude relief valve 
discharges, gaseous streams routed to a fuel gas system(s), and leaks 
from equipment regulated under Sec. 63.1410. Process vents that are 
serving as control devices are not subject to additional control 
requirements.
    Product means a resin, produced using the same monomers and varying 
in additives (e.g., initiators, terminators, etc.), catalysts, or in 
the relative proportions of monomers, that is manufactured by a process 
unit. With respect to resins, more than one recipe may be used to 
produce the same product. Product also means a chemical that is not a 
resin that is manufactured by a process unit. By-products, isolated 
intermediates, impurities, wastes, and trace contaminants are not 
considered products.
    Reactor batch process vent means a batch process vent originating 
from a reactor.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are 
not limited to, absorbers, carbon adsorbers, and condensers.
    Recipe means a specific composition from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers 
and, if present, other reactants and additives that are used to make 
the recipe. For example, a methylated amino resin and a non-methylated 
amino resin are both different recipes of the same product, amino 
resin.
    Recovery device means an individual unit of equipment capable of 
and normally used for the purpose of recovering chemicals for use, 
reuse, fuel value (i.e., net heating value); or for sale for use, 
reuse, or fuel value (i.e., net heating value). Examples of equipment 
that may be recovery devices include absorbers, carbon adsorbers, 
condensers, oil-water separators or organic-water separators, or 
organic removal devices such as decanters, strippers, or thin-film 
evaporation units. For the purposes of the monitoring, recordkeeping, 
or reporting requirements of this subpart, recapture devices are 
considered recovery devices.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purposes of this subpart, a safety device is not used for routine

[[Page 3297]]

venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, combustible, explosive, reactive, or hazardous 
materials.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, an APPU(s) within an affected source, 
or equipment required or used to comply with this subpart, or the 
emptying or degassing of a storage vessel. For purposes of the batch 
process vent provisions in Secs. 63.1406 through 63.1408, the cessation 
of equipment in batch operations is not a shutdown, unless the 
equipment undergoes maintenance, is replaced, or is repaired.
    Solvent-based resin means an amino/phenolic resin that consumes a 
solvent (i.e., methanol, xylene) as a reactant in the resin producing 
reaction. The use of a solvent as a carrier (i.e., adding methanol to 
the product/water solution after the reaction is complete) does not 
meet this definition.
    Start-up means the setting into operation of an affected source, an 
APPU(s) within an affected source, a unit operation within an affected 
source, or equipment required or used to comply with this subpart, or a 
storage vessel after emptying and degassing. For both continuous and 
batch unit operations, start-up includes initial start-up and operation 
solely for testing equipment. For both continuous and batch unit 
operations, start-up does not include the recharging of equipment in 
batch operation. For continuous unit operations, start-up includes 
transitional conditions due to changes in product for flexible 
operation process units. For batch unit operations, start-up does not 
include transitional conditions due to changes in product for flexible 
operation process units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP and/or organic HAP as impurities only;
    (5) Wastewater storage tanks;
    (6) Surge control vessels or bottoms receivers; and
    (7) Vessels and equipment storing and/or handling amino/phenolic 
resin.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air.
    Uncontrolled organic HAP emissions means the organic HAP emitted 
from a unit operation prior to introduction of the emission stream into 
a control device. Uncontrolled HAP emissions are determined after any 
condenser that is operating as a process condenser. If an emission 
stream is not routed to a control device, uncontrolled organic HAP 
emissions are those organic HAP emissions released to the atmosphere.
    Vent stream, as used in reference to batch process vents, aggregate 
batch vent streams, continuous process vents, and storage vessels, 
means the emissions from that emission point.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater 
streams or residuals. Examples of waste management units include: 
wastewater tanks, surface impoundments, individual drain systems, and 
biological wastewater treatment units. Examples of equipment that may 
be waste management units include containers, air flotation units, oil-
water separators or organic-water separators, or organic removal 
devices such as decanters, strippers, or thin-film evaporation units. 
If such equipment is used for recovery, then it is part of an APPU and 
is not a waste management unit.
    Wastewater is either a process wastewater or maintenance wastewater 
and means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP, as indicated on 
Table 2 of this subpart, of at least 5 parts per million by weight and 
has an annual average flow rate of 0.02 liter per minute or greater; or
    (ii) An annual average concentration of organic HAP, as indicated 
on Table 2 of this subpart, of at least 10,000 parts per million by 
weight at any flow rate.
    (2) Is discarded from an APPU that is part of an affected source.
    (3) Does not include:
    (i) Stormwater from segregated sewers;
    (ii) Water from fire-fighting and deluge systems in segregated 
sewers;
    (iii) Spills;
    (iv) Water from safety showers;
    (v) Water from testing of deluge systems; and
    (vi) Water from testing of firefighting systems.
    Wastewater stream means a stream that contains wastewater as 
defined in this section.


Sec. 63.1403  Emission standards.

    (a) Provisions of this subpart. Except as allowed under paragraph 
(b) of this section, the owner or operator of an affected source shall 
comply with the provisions of Secs. 63.1404 through 63.1410, as 
appropriate. When emissions are vented to a control device or control 
technology as part of complying with this subpart, emissions shall be 
vented through a closed vent system meeting the requirements of 40 CFR 
part 63, subpart SS (national emission standards for closed vent 
systems, control devices, recovery devices).
    (b) Combined emission streams. When emissions of different kinds 
(e.g., emissions from continuous process vents, storage vessels, etc.) 
are combined at a new affected source, and at least one of the emission 
streams would be required by this subpart to apply controls in the 
absence of combination with other emission streams, the owner or 
operator shall comply with the requirements of paragraph (b)(1) or (2) 
of this section, as appropriate.
    (1) For any combined vent stream that includes one or more 
aggregate batch vent streams, comply with the provisions for aggregate 
batch vent streams.
    (2) For any combined vent stream that does not include one or more 
aggregate batch vent streams:
    (i) Reactor batch process vents and non-reactor batch process vents 
shall

[[Page 3298]]

comply with the provisions for reactor batch process vents and non-
reactor batch process vents, as appropriate.
    (ii) The remaining emissions (i.e., storage vessel and/or 
continuous process vent emissions) included in the combined vent stream 
shall comply the provisions for storage vessels when storage vessel 
emissions are included and shall comply with the provisions for 
continuous process vents in the absence of storage vessel emissions 
(i.e., when only continuous process vents are included).
    (c) Compliance for flexible operations process units. With the 
exceptions specified in paragraphs (c)(1) and (2) of this section, 
owners or operators of APPUs that are flexible operations process units 
shall comply with the provisions of this subpart at all times, 
regardless of the product being manufactured. Once it has been 
determined that an emission point requires control during manufacture 
of amino/phenolic resins, that emission point shall be controlled at 
all times regardless of the product being manufactured.
    (1) When a flexible operations process unit is manufacturing a 
product in which no organic HAP are used or manufactured, the owner or 
operator is not required to comply with the provisions of this subpart 
or with the provisions of subpart A of this part during manufacture of 
that product. When requested by the Administrator, the owner or 
operator shall demonstrate that no organic HAP are used or 
manufactured.
    (2) When a flexible operations process unit is manufacturing a 
product subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during 
manufacture of that product (i.e., a pharmaceutical).


Sec. 63.1404  Storage vessel provisions.

    (a) Emission standards. For each storage vessel located at a new 
affected source that has a capacity of 50,000 gallons or greater and 
vapor pressure of 2.45 pounds per square inch absolute (psia) or 
greater or has a capacity of 90,000 gallons or greater and vapor 
pressure of 0.15 psia or greater, the owner or operator shall comply 
with either paragraph (a) (1) or (2) of this section. As an alternative 
to complying with paragraph (a) of this section, an owner or operator 
may comply with paragraph (b) of this section.
    (1) Reduce emissions of total organic HAP by 95 weight-percent. 
Control shall be achieved by venting emissions through a closed vent 
system to any combination of control devices meeting the requirements 
of 40 CFR part 63, subpart SS (national emission standards for closed 
vent systems, control devices, recovery devices). When complying with 
the requirements of 40 CFR part 63, subpart SS, the following apply for 
purposes of this subpart:
    (i) Design evaluations are allowed for control devices that control 
emission points with total emissions less than 10 tons of organic HAP 
per year before control (i.e., small control devices).
    (ii) When 40 CFR part 63, subpart SS refers to specific test 
methods for the measurement of organic HAP concentration, the test 
methods presented in Sec. 63.1414(a) shall be used.
    (iii) The option to measure TOC instead of organic HAP, as a basis 
for demonstrating compliance, is not allowed.
    (iv) Excused excursions are not allowed.
    (v) The provisions in Sec. 63.1403(b), rather than the provisions 
in Sec. 63.982(f), are to be followed for combined vent streams.
    (vi) When a scrubber is used as a control device, the owner or 
operator shall follow the guidance provided in this subpart for design 
evaluations or performance tests, as appropriate, and for monitoring, 
recordkeeping, and reporting.
    (vii) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart SS and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (viii) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart SS and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
SS for emission points covered by 40 CFR part 63, subpart SS and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.
    (2) Comply with the requirements of 40 CFR part 63, subpart WW 
(national emission standards for storage vessels (control level 2)). 
When complying with the requirements of 40 CFR part 63, subpart WW, the 
following apply for purposes of this subpart:
    (i) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart WW and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (ii) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart WW and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
WW for emission points covered by 40 CFR part 63, subpart WW and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.
    (b) Alternative standard. Vent all organic HAP emissions from a 
storage vessel meeting either of the capacity and vapor pressure 
criteria specified in paragraph (a) of this section to a combustion 
control device achieving an outlet organic HAP concentration of 20 ppmv 
or less or to a non-combustion control device achieving an outlet 
organic HAP concentration of 50 ppmv or less. Any storage vessels that 
are not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraph (a)(1) or (2) 
of this section.


Sec. 63.1405  Continuous process vent provisions.

    (a) Emission standards. For each continuous process vent located at 
a new affected source with a Total Resource Effectiveness (TRE) index 
value, as determined following the procedures specified in 
Sec. 63.1412(j), less than or equal to 1.2, the owner or operator shall 
comply with either paragraph (a)(1) or (2) of this section. As an 
alternative to complying with paragraph (a) of this section, an owner 
or operator may comply with paragraph (b) of this section.
    (1) Vent all emissions of organic HAP to a flare.
    (2) Reduce emissions of total organic HAP by 85 weight-percent or 
to a concentration of 20 ppmv when using a combustion control device or 
to a concentration of 50 ppmv when using a non-combustion control 
device, whichever is less stringent. Control shall be achieved by 
venting emissions through a closed vent system to any combination of 
control devices meeting the requirements of 40 CFR part 63, subpart SS 
(national emission standards for closed vent systems, control devices, 
recovery devices). When complying

[[Page 3299]]

with the requirements of 40 CFR part 63, subpart SS, the following 
apply for purposes of this subpart:
    (i) Design evaluations are allowed for control devices that control 
emission points with total emissions less than 10 tons of organic HAP 
per year before control (i.e., small control devices).
    (ii) When 40 CFR part 63, subpart SS refers to specific test 
methods for the measurement of organic HAP concentration, the test 
methods presented in Sec. 63.1414(a) shall be used.
    (iii) The option to measure TOC instead of organic HAP, as a basis 
for demonstrating compliance, is not allowed.
    (iv) Excused excursions are not allowed.
    (v) The provisions in Sec. 63.1403(b), rather than the provisions 
in Sec. 63.982(f), are to be followed for combined vent streams.
    (vi) When a scrubber is used as a control device, the owner or 
operator shall follow the guidance provided in this subpart for design 
evaluations or performance tests, as appropriate, and for monitoring, 
recordkeeping, and reporting.
    (vii) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart SS and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (viii) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart SS and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
SS for emission points covered by 40 CFR part 63, subpart SS and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.
    (b) Alternative standard. Vent all organic HAP emissions from a 
continuous process vent meeting the TRE value specified in paragraph 
(a) of this section to a combustion control device achieving an outlet 
organic HAP concentration of 20 ppmv or less or to a non-combustion 
control device achieving an outlet organic HAP concentration of 50 ppmv 
or less. Any continuous process vents that are not vented to a control 
device meeting these conditions shall be controlled in accordance with 
the provisions of paragraphs (a)(1) or (2) of this section.


Sec. 63.1406  Reactor batch process vent provisions.

    (a) Emission standards. Owners or operators of reactor batch 
process vents located at new or existing affected sources shall comply 
with paragraph (a)(1) or (2) of this section, as appropriate. As an 
alternative to complying with paragraph (a) of this section, an owner 
or operator may comply with paragraph (b) of this section.
    (1) The owner or operator of a reactor batch process vent located 
at a new affected source shall control organic HAP emissions by 
complying with either paragraph (a)(1)(i), (ii), or (iii) of this 
section.
    (i) Vent all emissions of organic HAP to a flare.
    (ii) Reduce organic HAP emissions for the batch cycle by 95 weight 
percent using a control device or control technology.
    (iii) Reduce organic HAP emissions from the collection of all 
reactor batch process vents within the affected source, as a whole, to 
0.0045 kilogram of organic HAP per megagram of product or less for 
solvent-based resin production, or to 0.0004 kilogram of organic HAP 
per megagram of product or less for non-solvent-based resin production.
    (2) The owner or operator of a reactor batch process vent located 
at an existing affected source shall control organic HAP emissions by 
complying with either paragraph (a)(2)(i), (ii), or (iii) of this 
section.
    (i) Vent all emissions of organic HAP to a flare.
    (ii) Reduce organic HAP emissions for the batch cycle by 83 weight 
percent using a control device or control technology.
    (iii) Reduce organic HAP emissions from the collection of all 
reactor batch process vents within the affected source, as a whole, to 
0.0567 kilogram of organic HAP per megagram of product or less for 
solvent-based resin production, or to 0.0057 kilogram of organic HAP 
per megagram of product or less for non-solvent-based resin production.
    (b) Alternative standard. Vent all organic HAP emissions from a 
reactor batch process vent to a combustion control device achieving an 
outlet organic HAP concentration of 20 ppmv or less or to a non-
combustion control device achieving an outlet organic HAP concentration 
of 50 ppmv or less. Any reactor batch process vents that are not vented 
to a control device meeting these conditions shall be controlled in 
accordance with the provisions of paragraph (a)(1)(ii), or paragraph 
(a)(2)(ii) of this section.
    (c) Use of boiler or process heater. If a boiler or process heater 
is used to comply with the requirements of paragraph (a)(1)(i) or (ii), 
or paragraph (a)(2)(i) or (ii) of this section, the reactor batch 
process vent shall be introduced into the flame zone of such a device.


Sec. 63.1407  Non-reactor batch process vent provisions.

    (a) Emission standards. (1) Owners or operators of non-reactor 
batch process vents located at new or existing affected sources with 
0.25 tons per year (0.23 megagrams per year) of uncontrolled organic 
HAP emissions or greater from the collection of non-reactor batch 
process vents within the affected source shall comply with the 
requirements in paragraph (a)(2) or (3) of this section, as 
appropriate. As an alternative to complying with paragraph (a)(2) or 
(3) of this section, an owner or operator may comply with paragraph (b) 
of this section. Owners or operators shall determine uncontrolled 
organic HAP emissions from the collection of non-reactor batch process 
vents within the affected source as specified in paragraph (d) of this 
section. If the owner or operator finds that uncontrolled organic HAP 
emissions from the collection of non-reactor batch process vents within 
the affected source are less than 0.25 tons per year (0.23 megagrams 
per year), non-reactor batch process vents are not subject to the 
control requirements of this section. Further, the owner or operator 
shall, when requested by the Administrator, demonstrate that organic 
HAP emissions for the collection of non-reactor batch process vents 
within the affected source are less than 0.25 tons per year (0.23 
megagrams per year).
    (2) The owner or operator of a non-reactor batch process vent 
located at a new affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) For the collection of non-reactor batch process vents within 
the affected source, reduce organic HAP emissions for the batch cycle 
by 76 weight percent using a control device or control technology.
    (3) The owner or operator of a non-reactor batch process vent 
located at an existing affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) For the collection of non-reactor batch process vents within 
the affected source, reduce organic HAP emissions for the batch cycle 
by 62 weight percent

[[Page 3300]]

using a control device or control technology.
    (b) Alternative standard. Comply with either paragraph (b)(1) or 
(2) of this section.
    (1) Control device outlet concentration. Vent all organic HAP 
emissions from a non-reactor batch process vent to a combustion control 
device achieving an outlet organic HAP concentration of 20 ppmv or less 
or to a non-combustion control device achieving an outlet organic HAP 
concentration or 50 ppmv or less. Any reactor batch process vents that 
are not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraph (a)(2) or (3) 
of this section.
    (2) Mass emission limit. Include the emissions from all non-reactor 
batch process vents in the compliance demonstration required for 
reactor batch process vents complying with the mass emission limits 
specified in Sec. 63.1406(a)(1)(iii) and (a)(2)(iii), as appropriate. 
This compliance option may only be used when the owner or operator has 
elected to comply with the mass emission limit for reactor batch 
process vents.
    (c) Use of boiler or process heater. If a boiler or process heater 
is used to comply with paragraph (a)(2)(ii) or (a)(3)(ii) of this 
section, the reactor batch process vent shall be introduced into the 
flame zone of such a device.
    (d) Determining uncontrolled organic HAP emissions. Owners or 
operators shall determine uncontrolled organic HAP emissions from the 
collection of non-reactor batch process vents within the affected 
source based on engineering assessment as described in 
Sec. 63.1414(d)(6).


Sec. 63.1408  Aggregate batch vent stream provisions.

    (a) Emission standards. Owners or operators of aggregate batch vent 
streams at a new or existing affected source shall comply with either 
paragraph (a)(1) or (2) of this section, as appropriate. As an 
alternative to complying with paragraph (a)(1) or (2) of this section, 
an owner or operator may comply with paragraph (b) of this section.
    (1) The owner or operator of an aggregate batch vent stream located 
at a new affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) Reduce organic HAP emissions by 95 weight percent or to a 
concentration of 20 ppmv when using a combustion control device or to a 
concentration of 50 ppmv when using a non-combustion control device, 
whichever is less stringent, on a continuous basis.
    (2) The owner or operator of an aggregate batch vent stream located 
at an existing affected source shall:
    (i) Vent all emissions of organic HAP to a flare; or
    (ii) Reduce organic HAP emissions by 83 weight percent or to a 
concentration of 20 ppmv when using a combustion control device or to a 
concentration of 50 ppmv when using a non-combustion control device, 
whichever is less stringent, on a continuous basis.
    (b) Alternative standard. Comply with either paragraph (b)(1) or 
(2) of this section.
    (1) Control device outlet concentration. Vent all organic HAP 
emissions from an aggregate batch vent stream to a combustion control 
device achieving an outlet organic HAP concentration of 20 ppmv or less 
or to a non-combustion control device achieving an outlet organic HAP 
concentration of 50 ppmv or less. Any aggregate batch vent streams that 
are not vented to a control device meeting these conditions shall be 
controlled in accordance with the provisions of paragraphs (a)(1) or 
(a)(2) of this section.
    (2) Mass emission limit. Include the emissions from all aggregate 
batch vent streams in the compliance demonstration required for reactor 
batch process vents complying with the mass emission limits specified 
in Sec. 63.1406(a)(1)(iii) and (a)(2)(iii), as appropriate. This 
compliance option may only be used when the owner or operator has 
elected to comply with the mass emission limit for reactor batch 
process vents.


Sec. 63.1409  Heat exchange system provisions.

    (a) Unless one or more of the conditions specified in paragraphs 
(a)(1) through (6) of this section are met, owners and operators of 
sources subject to this subpart shall monitor each heat exchange system 
used to cool process equipment in an affected source, according to the 
provisions in either paragraph (b) or (c) of this section. Whenever a 
leak is detected, the owner or operator shall comply with the 
requirements in paragraph (d) of this section.
    (1) The heat exchange system is operated with the minimum pressure 
on the cooling water side at least 35 kilopascals greater than the 
maximum pressure on the process side.
    (2) There is an intervening cooling fluid, containing less than 5 
percent by weight of total HAP listed in column A of Table 2 of this 
subpart, between the process and the cooling water. This intervening 
fluid serves to isolate the cooling water from the process fluid, and 
the intervening fluid is not sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (3) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million or less above influent 
concentration or 10 percent or less above influent concentration, 
whichever is greater.
    (4) The once-through heat exchange system is subject to an NPDES 
permit that:
    (i) Requires monitoring of a parameter(s) or condition(s) to detect 
a leak of process fluids into cooling water;
    (ii) Specifies or includes the normal range of the parameter or 
condition;
    (iii) Requires monitoring for the parameters selected as leak 
indicators no less frequently than monthly for the first 6 months and 
quarterly thereafter; and
    (iv) Requires the owner or operator to report and correct leaks to 
the cooling water when the parameter or condition exceeds the normal 
range.
    (5) The recirculating heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total HAP listed 
in column A of Table 2 of this subpart.
    (6) The once-through heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total HAP listed 
in column B of Table 2 of this subpart.
    (b) The owner or operator who elects to comply with the 
requirements of paragraph (a) of this section by monitoring the cooling 
water for the presence of one or more organic HAP or other 
representative substances whose presence in cooling water indicate a 
leak shall comply with the requirements specified in paragraphs (b)(1) 
through (6) of this section. The cooling water shall be monitored for 
total HAP, total volatile organic compounds, total organic carbon, one 
or more speciated HAP compounds, or other representative substances 
that would indicate the presence of a leak in the heat exchange system.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (2)(i) For recirculating heat exchange systems (cooling tower 
systems), the monitoring of speciated HAP or total HAP refers to the 
HAP listed in column A of Table 2 of this subpart.

[[Page 3301]]

    (ii) For once-through heat exchange systems, the monitoring of 
speciated HAP or total HAP refers to the HAP listed in column B of 
Table 2 of this subpart.
    (3) The concentration of the monitored substance(s) in the cooling 
water shall be determined using any EPA-approved method listed in part 
136 of this chapter, as long as the method is sensitive to 
concentrations as low as 10 parts per million and the same method is 
used for both entrance and exit samples. Alternative methods may be 
used upon approval by the Administrator.
    (4) The samples shall be collected either at the entrance and exit 
of each heat exchange system or at locations where the cooling water 
enters and exits each heat exchanger or any combination of heat 
exchangers.
    (i) For samples taken at the entrance and exit of recirculating 
heat exchange systems, the entrance is the point at which the cooling 
water leaves the cooling tower prior to being returned to the process 
equipment, and the exit is the point at which the cooling water is 
introduced to the cooling tower after being used to cool the process 
fluid.
    (ii) For samples taken at the entrance and exit of once-through 
heat exchange systems, the entrance is the point at which the cooling 
water enters, and the exit is the point at which the cooling water 
exits the plant site or chemical manufacturing process units.
    (iii) For samples taken at the entrance and exit of each heat 
exchanger or any combination of heat exchangers, the entrance is the 
point at which the cooling water enters the individual heat exchanger 
or group of heat exchangers, and the exit is the point at which the 
cooling water exits the heat exchanger or group of heat exchangers.
    (5) A minimum of three sets of samples shall be taken at each 
entrance and exit as defined in paragraph (b)(4) of this section. The 
average entrance and exit concentrations shall then be calculated. The 
concentration shall be corrected for the addition of any makeup water 
or for any evaporative losses, as applicable.
    (6) A leak is detected if the exit mean concentration is found to 
be greater than the entrance mean concentration using a one-sided 
statistical procedure at the 0.05 level of significance, and the amount 
by which it is greater is at least 1 part per million or 10 percent of 
the entrance mean, whichever is greater.
    (c) The owner or operator who elects to comply with the requirement 
of paragraph (a) of this section by monitoring using a surrogate 
indicator of heat exchange system leaks shall comply with the 
requirements specified in paragraphs (c)(1) through (3) of this 
section. Surrogate indicators that could be used to develop an 
acceptable monitoring program are ion specific electrode monitoring, 
pH, conductivity or other representative indicators.
    (1) The owner or operator shall prepare and implement a monitoring 
plan that documents the procedures that will be used to detect leaks of 
process fluids into cooling water. The plan shall require monitoring of 
one or more surrogate indicators or monitoring of one or more process 
parameters or other conditions that indicate a leak. Monitoring that is 
already being conducted for other purposes may be used to satisfy the 
requirements of this section. The plan shall include the information 
specified in paragraphs (c)(1)(i) and (ii) of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or conditions(s) that constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, a leak is 
indicated.
    (iii) The monitoring frequency which shall be no less frequent than 
monthly for the first 6 months and quarterly thereafter to detect 
leaks.
    (iv) The records that will be maintained to document compliance 
with the requirements of this section.
    (2) If a substantial leak is identified by methods other than those 
described in the monitoring plan and the method(s) specified in the 
plan could not detect the leak, the owner or operator shall revise the 
plan and document the basis for the changes. The owner or operator 
shall complete the revisions to the plan no later than 180 days after 
discovery of the leak.
    (3) The owner or operator shall maintain, at all times, the 
monitoring plan that is currently in use. The current plan shall be 
maintained on-site, or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. If the monitoring plan is superseded, the owner or operator 
shall retain the most recent superseded plan at least until 5 years 
from the date of its creation. The superseded plan shall be retained 
on-site (or accessible from a central location by computer or other 
means that provides access within 2 hours after a request) for at least 
6 months after its creation.
    (d) If a leak is detected according to the criteria of paragraph 
(b) or (c) of this section, the owner or operator shall comply with the 
requirements in paragraphs (d)(1) and (2) of this section, except as 
provided in paragraph (e) of this section.
    (1) The leak shall be repaired as soon as practical but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests indicating a leak. The leak shall be repaired unless 
the owner or operator demonstrates that the results are due to a 
condition other than a leak.
    (2) Once the leak has been repaired, the owner or operator shall 
confirm that the heat exchange system has been repaired within 7 
calendar days of the repair or startup, whichever is later.
    (e) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if the equipment is isolated from the process. 
Delay of repair is also allowed if repair is technically infeasible 
without a shutdown and any one of the conditions in paragraph (e)(1) or 
(2) of this section are met. All time periods in paragraphs (e)(1) and 
(2) of this section shall be determined from the date when the owner or 
operator determines that delay of repair is necessary.
    (1) If a shutdown is expected within the next 2 months, a special 
shutdown before that planned shutdown is not required.
    (2) If a shutdown is not expected within the next 2 months, the 
owner or operator may delay repair as provided in paragraph (e)(2)(i) 
or (ii) of this section. Documentation of a decision to delay repair 
shall state the reasons repair was delayed and shall specify a schedule 
for completing the repair as soon as practical.
    (i) If a shutdown for repair would cause greater emissions than the 
potential emissions from delaying repair, the owner or operator may 
delay repair until the next shutdown of the process equipment 
associated with the leaking heat exchanger. The owner or operator shall 
document the basis for the determination that a shutdown for repair 
would cause greater emissions than the emissions likely to result from 
delaying repair as specified in paragraphs (e)(2)(i)(A) and (B) of this 
section.
    (A) The owner or operator shall calculate the potential emissions 
from the leaking heat exchanger by multiplying the concentration of 
total HAP listed in column A of Table 2 of

[[Page 3302]]

this subpart in the cooling water from the leaking heat exchanger by 
the flowrate of the cooling water from the leaking heat exchanger by 
the expected duration of the delay. The owner or operator may calculate 
potential emissions using total organic carbon concentration instead of 
total HAP listed in column A of Table 2 of this subpart.
    (B) The owner or operator shall determine emissions from purging 
and depressurizing the equipment that will result from the unscheduled 
shutdown for the repair.
    (ii) If repair is delayed for reasons other than those specified in 
paragraph (e)(2)(i) of this section, the owner or operator may delay 
repair up to a maximum of 120 calendar days. The owner shall 
demonstrate that the necessary parts or personnel were not available.


Sec. 63.1410  Equipment leak provisions.

    The owner or operator of each affected source shall comply with the 
requirements of 40 CFR part 63, subpart UU (national emission standards 
for equipment leaks (control level 2)) for all equipment, as defined 
under Sec. 63.1402, that contains or contacts 5 weight-percent HAP or 
greater and operates 300 hours per year or more. The weight-percent HAP 
is determined for equipment using the organic HAP concentration 
measurement methods specified in Sec. 63.1414(a). When complying with 
the requirements of 40 CFR part 63, subpart SS, as referred to by 40 
CFR part 63, subpart UU, the following apply for purposes of this 
subpart:
    (a) Design evaluations are allowed for control devices that control 
emission points with total emissions less than 10 tons of organic HAP 
per year before control (i.e., small control devices).
    (b) When 40 CFR part 63, subpart SS refers to specific test methods 
for the measurement of organic HAP concentration, the test methods 
presented in Sec. 63.1414(a) shall be used.
    (c) The option to measure TOC instead of organic HAP, as a basis 
for demonstrating compliance, is not allowed.
    (d) Excused excursions are not allowed.
    (e) The provisions in Sec. 63.1403(b), rather than the provisions 
in Sec. 63.982(f), are to be followed for combined vent streams.
    (f) When a scrubber is used as a control device, the owner or 
operator shall follow the guidance provided in this subpart for design 
evaluations or performance tests, as appropriate, and for monitoring, 
recordkeeping, and reporting.
    (g) When there are conflicts between the due dates for reports 
presented in 40 CFR part 63, subpart SS and this subpart, reports shall 
be submitted according to the due dates presented in this subpart.
    (h) When there are conflicts between the recordkeeping and 
reporting requirements presented in 40 CFR part 63, subpart SS and this 
subpart, the owner or operator shall either follow both sets of 
requirements (i.e., follow the requirements in 40 CFR part 63, subpart 
SS for emission points covered by 40 CFR part 63, subpart SS and follow 
the requirements of this subpart for emission points covered by this 
subpart) or shall follow the set of requirements they prefer. If an 
owner or operator chooses to follow just one set of requirements, the 
owner or operator shall identify which set of requirements are being 
followed and which set of requirements are being disregarded in the 
appropriate report.


Sec. 63.1411  [Reserved]


Sec. 63.1412  Continuous process vent applicability assessment 
procedures and methods.

    (a) General. The provisions of this section provide procedures and 
methods for determining the applicability of the control requirements 
specified in Sec. 63.1405 to continuous process vents.
    (b) Sampling sites. Sampling sites shall be located as follows:
    (1) Sampling site location. The sampling site for determining 
volumetric flow rate, regulated organic HAP concentration, total 
organic HAP, net heating value, and TRE index value, shall be after the 
final recovery device (if any recovery devices are present) but prior 
to the inlet of any control device that is present and prior to release 
to the atmosphere.
    (2) Sampling site selection method. Method 1 or 1A of 40 CFR part 
60, appendix A, as appropriate, shall be used for selection of the 
sampling site. No traverse site selection method is needed for process 
vents smaller than 0.33 foot (0.10 meter) in nominal inside diameter.
    (c) Applicability assessment requirement. The organic HAP 
concentrations, volumetric flow rates, heating values, organic HAP 
emission rates, TRE index values, and engineering assessment control 
applicability assessment requirements are to be determined during 
maximum representative operating conditions for the process, except as 
provided in paragraph (d) of this section, or unless the Administrator 
specifies or approves alternate operating conditions. Operations during 
periods of startup, shutdown, and malfunction shall not constitute 
representative conditions for the purpose of an applicability test.
    (d) Exceptions. The owner or operator is not required to conduct a 
test that will cause any of the following situations:
    (1) Causing damage to equipment;
    (2) Necessitating that the owner or operator make a product that 
does not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make a product in 
excess of demand.
    (e) Organic HAP concentration. The organic HAP concentrations, used 
for TRE index value calculations in paragraph (j) of this section, 
shall be determined using the procedures specified in either 
Sec. 63.1414(a) or by using the engineering assessment procedures in 
paragraph (k) of this section.
    (f) Volumetric flow rate. The volumetric flow rate shall be 
determined using the procedures specified in Sec. 63.1414(a), or by 
using the engineering assessment procedures in paragraph (k) of this 
section.
    (g) Heating value. The net heating value shall be determined as 
specified in paragraphs (g)(1) and (2) of this section, or by using the 
engineering assessment procedures in paragraph (k) of this section.
    (1) The net heating value of the continuous process vent shall be 
calculated using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR20JA00.000

Where:

HT=Net heating value of the sample, megaJoules per 
standard cubic meter, where the net enthalpy per mole of process 
vent is based on combustion at 25  deg.C and 760 millimeters of 
mercury, but the standard temperature for determining the volume 
corresponding to 1 mole is 20  deg.C, as in the definition of 
QS (process vent volumetric flow rate).
K1 = Constant, 1.740 x 10-7 (parts per 
million)-1 (gram-mole per standard cubic meter) 
(megaJoules per kilocalorie), where standard temperature for (gram-
mole per standard cubic meter) is 20  deg.C.
Dj=Organic HAP concentration on a wet basis of compound j 
in parts per million, as measured by procedures indicated in 
paragraph (e) of this section. For process vents that pass through a 
final stream jet and are not condensed, the moisture is assumed to 
be 2.3 percent by volume.

[[Page 3303]]

Hj=Net heat of combustion of compound j, kilocalorie per 
gram-mole, based on combustion at 25  deg.C and 760 millimeters of 
mercury.

    (2) The molar composition of the process vent (Dj) shall 
be determined using the methods specified in paragraphs (g)(2)(i) 
through (iii) of this section:
    (i) The methods specified in Sec. 63.1414(a) to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-90 to measure 
the concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of 40 CFR part 60, appendix A to measure the 
moisture content of the stack gas.
    (h) Organic HAP emission rate. The emission rate of organic HAP in 
the continuous process vent, as required by the TRE index value 
equation specified in paragraph (j) of this section, shall be 
calculated using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR20JA00.001


Where:

E=Emission rate of organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) 
(kilogram/gram) (minutes/hour), where standard temperature for 
(gram-mole per standard cubic meter) is 20  deg.C.
n=Number of components in the sample.
CJ=Organic HAP concentration on a dry basis of organic 
compound j in parts per million as determined by the methods 
specified in paragraph (e) of this section.
Mj=Molecular weight of organic compound j, gram/gram-
mole.
QS=Continuous process vent flow rate, dry standard cubic 
meter per minute, at a temperature of 20  deg.C.

    (i) [Reserved]
    (j) TRE index value. The owner or operator shall calculate the TRE 
index value of the continuous process vent using the equations and 
procedures in this paragraph, as applicable, and shall maintain records 
specified in Sec. 63.1416(f).
    (1) TRE index value equation. The equation for calculating the TRE 
index value is Equation 3:
[GRAPHIC] [TIFF OMITTED] TR20JA00.002


Where:

TRE=TRE index value.
A, B, C=Coefficients presented in table 7 of this subpart.
EHAP=Emission rate of total organic HAP, kilograms per 
hour, as calculated according to paragraph (h) or (k) of this 
section.
QS=Continuous process vent volumetric 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=Continuous process vent net heating value, megaJoules 
per standard cubic meter, as calculated according to paragraph (g) 
or (k) of this section.

    (2) TRE index calculation. The owner or operator of a continuous 
process vent shall calculate the TRE index value by using the equation 
and appropriate coefficients in Table 6 of this subpart. The owner or 
operator shall calculate the TRE index value for each control device 
scenario (i.e., flare, thermal incinerator with 0 percent recovery, 
thermal incinerator with 70 percent recovery). The lowest TRE index 
value is to be compared to the applicability criteria specified in 
Sec. 63.1405(a).
    (k) Engineering assessment. For purposes of TRE index value 
determinations, engineering assessments may be used to determine 
continuous process vent flow rate, net heating value, and total organic 
HAP emission rate for the representative operating condition expected 
to yield the lowest TRE index value. Engineering assessments shall meet 
the requirements of paragraphs (k)(1) through (4) of this section.
    (1) If the TRE index value calculated using engineering assessment 
is greater than 4.0, the owner or operator is not required to perform 
the measurements specified in paragraphs (e) through (h) of this 
section.
    (2) If the TRE index value calculated using engineering assessment 
is less than or equal to 4.0, the owner or operator is required either 
to perform the measurements specified in paragraphs (e) through (h) of 
this section for control applicability assessment or comply with the 
control requirements specified in Sec. 63.1405.
    (3) Engineering assessment includes, but is not limited to, the 
following examples:
    (i) Previous test results, provided the tests are representative of 
current operating practices.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum volumetric flow rate, organic HAP emission rate, 
organic HAP concentration, or net heating value limit specified or 
implied within a permit limit applicable to the continuous process 
vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to, the following:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations;
    (B) Estimation of maximum volumetric flow rate based on physical 
equipment design such as pump or blower capacities;
    (C) Estimation of organic HAP concentrations based on saturation 
conditions; and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound.


Sec. 63.1413  Compliance demonstration procedures.

    (a) General. For each emission point, the owner or operator shall 
meet three stages of compliance, with exceptions specified in this 
subpart. First, the owner or operator shall conduct a performance test 
or design evaluation to demonstrate the performance of the control 
device or control technology being used. Second, the owner or operator 
shall meet the requirements for demonstrating initial compliance (e.g., 
a demonstration that the required percent reduction is achieved). 
Third, the owner or operator shall meet the requirements for 
demonstrating continuous compliance through some form of monitoring 
(e.g., continuous monitoring of operating parameters).
    (1) Large control devices and small control devices. A large 
control device is a control device that controls emission points with 
total emissions of 10 tons of organic HAP per year or more before 
control. A small control device is a control device that controls 
emission points with total emissions less than 10 tons of organic HAP 
per year before control.
    (i) Large control devices. Owners or operators are required to 
conduct a performance test for a large control device. The 
establishment of parameter monitoring levels shall be based on data 
obtained during the required performance test.
    (ii) Small control devices. Owners or operators are required to 
conduct a design evaluation for a small control device. An owner or 
operator may choose to conduct a performance test for a small control 
device and such a performance test shall follow the procedures 
specified in this section, as appropriate. Whenever a small control 
device becomes a large control device, the owner or operator shall 
conduct a performance test following the procedures specified in this 
section, as appropriate. Notification that such a

[[Page 3304]]

performance test is required, the site-specific test plan, and the 
results of the performance test shall be provided to the Administrator 
as specified in Sec. 63.1417. Except as provided in Sec. 63.1415(a)(2), 
the parameter monitoring levels for small control devices shall be set 
based on the design evaluation required by paragraph (a)(3) of this 
section. Further, when setting the parameter monitoring level(s) based 
on the design evaluation, the owner or operator shall submit the 
information specified in Sec. 63.1417(d)(7) for review and approval as 
part of the Precompliance Report.
    (2) Performance tests. Performance testing shall be conducted in 
accordance with the General Provisions at Sec. 63.7(a)(1), (a)(3), (d), 
(e)(1), (e)(2), (e)(4), (g), and (h), with the exceptions specified in 
paragraph (a)(1) of this section. Data shall be reduced in accordance 
with the EPA approved methods specified in this subpart or, if other 
test methods are used, the data and methods shall be validated 
according to the protocol in Method 301 of appendix A of this part.
    (i) Additional control devices not requiring performance tests. An 
owner or operator is not required to conduct a performance test when 
using one of the following control devices:
    (A) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (B) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (C) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (1) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (2) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (D) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (E) A control device for which a performance test was already 
conducted for determining compliance with another regulation 
promulgated by the EPA, provided the test was conducted using the same 
Methods specified in this section, and either no deliberate process 
changes have been made since the test, or the owner or operator can 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process changes. 
Parameter monitoring levels established based on such a performance 
test may be used for purposes of demonstrating continuous compliance 
with this subpart.
    (ii) Exceptions to performance test requirements in the General 
Provisions. (A) Performance tests shall be conducted at maximum 
representative operating conditions achievable during either the 6-
month period ending 2 months before the Notification of Compliance 
Status required by Sec. 63.1417(e) is due, or during the 6-month period 
surrounding the date of the performance test (i.e., the period 
beginning 3 months prior to the performance test and ending 3 months 
after the performance test). In achieving maximum representative 
operating conditions, an owner or operator is not required to cause 
damage to equipment, make a product that does not meet an existing 
specification for sale to a customer, or make a product in excess of 
demand.
    (B) When Sec. 63.7(g) references the Notification of Compliance 
Status requirements in Sec. 63.9(h), the requirements in 
Sec. 63.1417(e) shall apply for purposes of this subpart.
    (C) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec. 63.7(a)(2).
    (3) Design evaluations. To demonstrate the organic HAP removal 
efficiency for a control device or control technology, a design 
evaluation shall address the composition and organic HAP concentration 
of the vent stream(s) entering the control device or control 
technology, the operating parameters of the control device or control 
technology, and other conditions or parameters that reflect the 
performance of the control device or control technology. A design 
evaluation also shall address other vent stream characteristics and 
control device operating parameters as specified in any one of 
paragraphs (a)(3)(i) through (vi) of this section, depending on the 
type of control device that is used. If the vent stream(s) is not the 
only inlet to the control device, the efficiency demonstration also 
shall consider all other vapors, gases, and liquids, other than fuels, 
received by the control device.
    (i) For a scrubber, the design evaluation shall consider the vent 
stream composition, constituent concentrations, liquid-to-vapor ratio, 
scrubbing liquid flow rate and concentration, temperature, and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream 
organic compound concentration level and include the additional 
information in paragraphs (a)(3)(i)(A) and (B) of this section for 
trays and a packed column scrubber:
    (A) Type and total number of theoretical and actual trays; and
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (ii) For a condenser, the design evaluation shall consider the vent 
stream flow rate, relative humidity, and temperature and shall 
establish the design outlet organic HAP compound concentration level, 
design average temperature of the condenser exhaust vent stream, and 
the design average temperatures of the coolant fluid at the condenser 
inlet and outlet. The temperature of the gas stream exiting the 
condenser shall be measured and used to establish the outlet organic 
HAP concentration.
    (iii) For a carbon adsorption system that regenerates the carbon 
bed directly onsite in the control device, such as a fixed-bed 
adsorber, the design evaluation shall consider the vent stream flow 
rate, relative humidity, and temperature and shall establish the design 
exhaust vent stream organic compound concentration level, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration stream mass or volumetric flow over the period of each 
complete carbon bed regeneration cycle, design carbon bed temperature 
after regeneration, design carbon bed regeneration time, and design 
service life of carbon. For vacuum desorption, the pressure drop shall 
be included.
    (iv) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device, such as a carbon 
canister, the design evaluation shall consider the vent stream mass or 
volumetric flow rate, relative humidity, and temperature and shall 
establish the design exhaust vent stream organic compound concentration 
level, capacity of carbon bed, type and working capacity of activated 
carbon used for carbon bed, and design carbon replacement interval 
based on the total carbon working capacity of the control device and 
source operating schedule.
    (v) For an enclosed combustion device with a minimum residence time

[[Page 3305]]

of 0.5 seconds and a minimum temperature of 760 C, the design 
evaluation shall document that these conditions exist.
    (vi) For a combustion control device that does not satisfy the 
criteria in paragraph (a)(3)(v) of this section, the design evaluation 
shall address the following characteristics, depending on the type of 
control device:
    (A) For a thermal vapor incinerator, the design evaluation shall 
consider the autoignition temperature of the organic HAP, shall 
consider the vent stream flow rate, and shall establish the design 
minimum and average temperature in the combustion zone and the 
combustion zone residence time.
    (B) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream flow rate and shall establish the design 
minimum and average temperatures across the catalyst bed inlet and 
outlet.
    (C) For a boiler or process heater, the design evaluation shall 
consider the vent stream flow rate, shall establish the design minimum 
and average flame zone temperatures and combustion zone residence time, 
and shall describe the method and location where the vent stream is 
introduced into the flame zone.
    (4) Establishment of parameter monitoring levels. The owner or 
operator of a control device that has one or more parameter monitoring 
level requirements specified under this subpart, or specified under 
subparts referenced by this subpart, shall establish a maximum or 
minimum level, as denoted on Table 4 of this subpart, for each measured 
parameter using the procedures specified in paragraph (a)(4)(i) or (ii) 
of this section. Except as otherwise provided in this subpart, the 
owner or operator shall operate control devices such that the daily 
average, batch cycle daily average, or block average of monitored 
parameters, established as specified in this paragraph, remains above 
the minimum level or below the maximum level, as appropriate.
    (i) Establishment of parameter monitoring levels based on 
performance tests. (A) Emission points other than batch process vents. 
During initial compliance testing, the appropriate parameter shall be 
continuously monitored during the required 1-hour test runs. The 
monitoring level(s) shall then be established as the average of the 
maximum (or minimum) point values from the three test runs. The average 
of the maximum values shall be used when establishing a maximum level, 
and the average of the minimum values shall be used when establishing a 
minimum level.
    (B) Aggregate batch vent streams. For aggregate batch vent streams 
the monitoring level shall be established in accordance with paragraph 
(a)(4)(i)(A) of this section.
    (C) Batch process vents. The monitoring level(s) shall be 
established using the procedures specified in paragraphs 
(a)(4)(i)(C)(1) or (2) of this section. For batch process vents 
complying with the percent reduction standards specified in 
Sec. 63.1406 or Sec. 63.1407, parameter monitoring levels shall be 
established by the design evaluation, or during the performance test so 
that the specified percent reduction from Sec. 63.1406 or Sec. 63.1407, 
as appropriate, is met.
    (1) If more than one batch emission episode or more than one 
portion of a batch emission episode has been selected to be controlled, 
a single level for the batch cycle shall be calculated as follows:
    (i) During initial compliance testing, the appropriate parameter 
shall be monitored continuously and recorded once every 15 minutes at 
all times when batch emission episodes, or portions thereof, selected 
to be controlled are vented to the control device. A minimum of three 
recorded values shall be obtained for each batch emission episode, or 
portion thereof, regardless of the length of time emissions are 
occurring.
    (ii) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (iii) If the level to be established is a maximum operating 
parameter, the level shall be defined as the minimum of the average 
parameter values from each batch emission episode, or portion thereof, 
in the batch cycle selected to be controlled (i.e., identify the batch 
emission episode, or portion thereof, which requires the lowest 
parameter value in order to assure compliance; the average parameter 
value that is necessary to assure compliance for that batch emission 
episode, or portion thereof, shall be the level for all batch emission 
episodes, or portions thereof, in the batch cycle that are selected to 
be controlled).
    (iv) If the level to be established is a minimum operating 
parameter, the level shall be defined as the maximum of the average 
parameter values from each batch emission episode, or portion thereof, 
in the batch cycle selected to be controlled (i.e., identify the batch 
emission episode, or portion thereof, which requires the highest 
parameter value in order to assure compliance; the average parameter 
value that is necessary to assure compliance for that batch emission 
episode, or portion thereof, shall be the level for all batch emission 
episodes, or portions thereof, in the batch cycle that are selected to 
be controlled).
    (v) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values recorded 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (2) Instead of establishing a single level for the batch cycle, as 
described in paragraph (a)(4)(i)(C)(1) of this section, an owner or 
operator may establish separate levels for each batch emission episode, 
or portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraphs (a)(4)(i)(C)(1)(i) through (v) of 
this section.
    (3) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec. 63.1417(e)(2). Said definition 
shall include an identification of each batch emission episode. The 
definition of batch cycle shall also include the information required 
to determine parameter monitoring compliance for partial batch cycles 
(i.e., when part of a batch cycle is accomplished during 2 different 
operating days) for those parameters averaged on a batch cycle daily 
average basis.
    (ii) Establishment of parameter monitoring levels based on 
performance tests, engineering assessments, and/or manufacturer's 
recommendations. Parameter monitoring levels may be established based 
on the parameter values measured during the performance test 
supplemented by engineering assessments and/or manufacturer's 
recommendations. Performance testing is not required to be conducted 
over the entire range of expected parameter values. When setting the 
parameter monitoring level(s) using the procedures specified in this 
paragraph, the owner or operator shall submit the information specified 
in Sec. 63.1417(d)(7) for review and approval as part of the 
Precompliance Report.
    (b) Initial and continuous compliance for storage vessels. (1) 
Initial compliance with the percent reduction standard specified in 
Sec. 63.1404(a)(1) shall be demonstrated following the procedures in 40 
CFR part 63, subpart SS.
    (2) Initial compliance with the work practice standard specified in 
Sec. 63.1404(a)(2) shall be demonstrated

[[Page 3306]]

following the procedures in 40 CFR part 63, subpart WW.
    (3) Continuous compliance with the percent reduction standard 
specified in Sec. 63.1404(a)(1) shall be demonstrated following the 
procedures in 40 CFR part 63, subpart SS.
    (4) Continuous compliance with the work practice standard specified 
in Sec. 63.1404(a)(2) shall be demonstrated following the procedures in 
40 CFR part 63, subpart WW.
    (5) Initial and continuous compliance with the alternative standard 
specified in Sec. 63.1404(b) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (c) Initial and continuous compliance for continuous process vents. 
(1) Initial compliance with the percent reduction standard specified in 
Sec. 63.1405(a)(2) shall be demonstrated following the procedures in 40 
CFR part 63, subpart SS.
    (2) Initial compliance with Sec. 63.1405(a)(1) (venting of 
emissions to a flare) shall be demonstrated following the procedures 
specified in paragraph (g) of this section.
    (3) Continuous compliance with the percent reduction standard 
specified in Sec. 63.1405(a)(2) shall be demonstrated following the 
procedures in 40 CFR part 63, subpart SS.
    (4) Continuous compliance with Sec. 63.1405(a)(1) (venting of 
emissions to a flare) shall be demonstrated following the continuous 
monitoring procedures specified in Sec. 63.1415.
    (5) Initial and continuous compliance with the alternative standard 
specified in Sec. 63.1405(b) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (d) Initial and continuous compliance for aggregate batch vent 
streams. (1) Initial compliance with the percent reduction standard 
specified in Sec. 63.1408(a)(1)(ii) and (2)(ii) shall be demonstrated 
following the procedures for continuous process vents specified in 
paragraph (c)(1) of this section.
    (2) Initial compliance with Sec. 63.1408(a)(1)(i) and (2)(i) 
(venting of emissions to a flare) shall be demonstrated following the 
procedures specified in paragraph (g) of this section.
    (3) Continuous compliance with the percent reduction standard 
specified in Sec. 63.1408(a)(1)(ii) and (2)(ii) shall be demonstrated 
following the procedures for continuous process vents specified in 
paragraph (c)(3) of this section.
    (4) Continuous compliance with Sec. 63.1408(a)(1)(i) and (a)(2)(i) 
(venting of emissions to a flare) shall be demonstrated following the 
continuous monitoring procedures specified in Sec. 63.1415.
    (5) Initial and continuous compliance with the alternative standard 
specified in Sec. 63.1408(b)(1) shall be demonstrated following the 
procedures in paragraph (f) of this section.
    (6) Initial and continuous compliance with the mass emission limit 
specified in Sec. 63.1408(b)(2) shall be demonstrated following the 
procedures in paragraph (e)(2) of this section.
    (e) Initial and continuous compliance for batch process vents. (1) 
Compliance with percent reduction standards. Owners or operators opting 
to comply with the percent reduction standards specified in 
Sec. 63.1406(a)(1)(ii) and (a)(2)(ii) or Sec. 63.1407(a)(2)(ii) and 
(a)(3)(ii) shall select portions of the batch process vent emissions 
(i.e., select batch emission episodes or portions of batch emission 
episodes) to be controlled such that the specified percent reduction is 
achieved for the batch cycle. Paragraphs (e)(1)(i) and (ii) of this 
section specify how the performance of a control device or control 
technology is to be determined. Paragraph (e)(1)(iii) of this section 
specifies how to demonstrate that the required percent emission 
reduction is achieved for the batch cycle.
    (i) Design evaluation. The design evaluation shall comply with the 
provisions in paragraph (a)(3) of this section. The design evaluation 
shall include the value(s) and basis for the parameter monitoring 
level(s) required by Sec. 63.1415. The design evaluation shall 
determine either of the following:
    (A) Each batch emission episode. The control device efficiency for 
each batch emission episode that the owner or operator selects to 
control.
    (B) One or more representative batch emission episodes. The control 
device efficiency for one or more batch emission episodes provided that 
the owner or operator demonstrates that the control device achieves the 
same or higher efficiency for all other batch emission episodes that 
the owner or operator selects to control.
    (ii) Performance test. An owner or operator shall conduct 
performance tests following the procedures in paragraph (e)(1)(ii)(A) 
of this section, the procedures in paragraph (e)(1)(ii)(B) of this 
section, or a combination of the two procedures. Under paragraph 
(e)(1)(ii)(A) of this section, a performance test is conducted for each 
batch emission episode selected for control. Under paragraph 
(e)(1)(ii)(B) of this section, an owner or operator groups together 
several batch emission episodes and conducts a single performance test 
for the batch emission episode that is the most challenging, in terms 
of achieving emission reductions, for the control device or control 
technology; thereby demonstrating that the achieved emission reduction 
for the tested batch emission episode is the minimum control device or 
control technology performance expected for each batch emission episode 
in the group. An owner or operator may use the concept provided by 
paragraph (e)(1)(ii)(B) of this section for several different groups of 
batch emission episodes.
    (A) Testing each batch emission episode. A performance test shall 
be performed for each batch emission episode, or portion thereof, that 
the owner or operator selects to control. Performance tests shall be 
conducted using the testing procedures specified in Sec. 63.1414(a) and 
(b) and the following procedures:
    (1) Only one test (i.e., only one run) is required for each batch 
emission episode selected by the owner or operator for control.
    (2) Except as specified in paragraph (e)(1)(ii)(A)(3) of this 
section, the performance test shall be conducted over the entire period 
of emissions selected by the owner or operator for control.
    (3) An owner or operator may choose to test only those periods of 
the batch emission episode during which the emission rate for the 
entire batch emission episode can be determined or during which the 
organic HAP emissions are greater than the average emission rate of the 
batch emission episode. The owner or operator choosing either of these 
options shall develop an emission profile illustrating the emission 
rate (kilogram per unit time) over the entire batch emission episode, 
based on either process knowledge or test data, to demonstrate that 
test periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
to develop the emission profile provided the results are still relevant 
to the current batch process vent conditions. The emission profile 
shall be included in the site-specific test plan required by 
Sec. 63.1417(h)(2).
    (4) When choosing sampling sites using the methods specified in 
Sec. 63.1414(a)(1), inlet sampling sites shall be located as specified 
in paragraphs (e)(1)(ii)(A)(4)(i) and (ii) of this section. Outlet 
sampling sites shall be located at the outlet of the control device 
prior to release to the atmosphere.

[[Page 3307]]

    (i) The control device inlet sampling site shall be located at the 
exit from the batch unit operation after any condensers operating as 
process condensers and before any control device.
    (ii) If a batch process vent is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP 
concentrations in all batch process vents and primary and secondary 
fuels introduced into the boiler or process heater.
    (B) Testing only the most challenging batch emission episode. Under 
this paragraph, an owner or operator groups together several batch 
emission episodes and conducts a single performance test for the batch 
emission episode that is the most challenging, in terms of achieving 
emission reductions, for the control device or control technology; 
thereby demonstrating that the achieved emission reduction for the 
tested batch emission episode is the minimum control device or control 
technology performance expected for each batch emission episode in the 
group. The owner or operator shall use the control device efficiency 
determined from the performance test for all the other batch emission 
episodes in that group for purposes of paragraph (e)(2)(iii) of this 
section. Performance tests shall be conducted using the testing 
procedures specified in Sec. 63.1414(a) and (b) and the following 
procedures:
    (1) The procedures specified in paragraphs (e)(2)(ii)(A)(2) through 
(4) of this section.
    (2) Develop an emission profile illustrating the emission rate 
(kilogram/unit time) for each period of emissions to be addressed by 
the performance test. The emission profile shall be based on either 
process knowledge or test data. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
to develop the emission profile provided the results are still relevant 
to the current batch process vent conditions. The emission profile 
shall be included in the site-specific test plan required by 
Sec. 63.1417(h)(2).
    (3) Provide rationale for why the control device efficiency for all 
the other batch emission episodes in the group will be greater than or 
equal to the control device efficiency achieved during the tested 
period of the most challenging batch emission episode in the group, as 
specified in the Notification of Compliance Status Report required by 
Sec. 63.1417(e).
    (iii) Batch cycle percent reduction. The percent reduction for the 
batch cycle for an individual reactor batch process vent and the 
overall percent reduction for the collection of non-reactor batch 
process vents within the affected source shall be determined using 
Equation 1 of this section and the control device efficiencies 
specified in paragraphs (e)(1)(iii)(A) through (C) of this section. All 
information used to calculate the batch cycle percent reduction for an 
individual reactor batch process vent, including a definition of the 
batch cycle identifying all batch emission episodes, shall be recorded 
as specified in Sec. 63.1416 (d)(1)(ii). All information used to 
calculate the overall percent reduction for the collection of non-
reactor batch process vents within the affected source, including a 
list of all batch emission episodes from the collection of non-reactor 
batch process vents within the affected source, shall be recorded as 
specified in Sec. 63.1416 (d)(1)(ii). This information shall include 
identification of those batch emission episodes, or portions thereof, 
selected for control. This information shall include estimates of 
uncontrolled organic HAP emissions for those batch emission episodes, 
or portions thereof, that are not selected for control, determined as 
specified in paragraph (e)(2)(iii)(D) or (E) of this section.
[GRAPHIC] [TIFF OMITTED] TR20JA00.003


Where:

PR = Percent reduction.
Eunc = Mass rate of total organic HAP for uncontrolled 
batch emission episode i, kg/hr.
Einlet,con = Mass rate of total organic HAP for 
controlled batch emission episode i at the inlet to the control 
device, kg/hr.
R = Control efficiency of control device as specified in paragraphs 
(e)(1)(iii)(A) through (e)(1)(iii)(C) of this section. The value of 
R may vary between batch emission episodes.
n=Number of uncontrolled batch emission episodes, controlled batch 
emission episodes, and control devices. The value of n is not 
necessarily the same for these three items.

    (A) When conducting a performance test, the control efficiency of 
the control device shall be determined following the procedures in 
Sec. 63.1414(b)(4).
    (B) For combustion control devices listed in paragraphs 
(a)(2)(i)(A) and (B) of this section and for flares, the control 
efficiency in Equation 1 of this section shall be 98 percent.
    (C) If a performance test is not required, the control efficiency 
shall be based on the design evaluation specified in paragraph 
(e)(1)(i) of this section.
    (D) For batch process vents estimated through engineering 
assessment, as described in Sec. 63.1414(f)(6), to emit less than 10 
tons per year of uncontrolled organic HAP emissions, the owner or 
operator may use in Equation 1 of this section the emissions determined 
using engineering assessment or may determine organic HAP emissions 
using any of the procedures specified in Sec. 63.1414(d).
    (E) For batch process vents estimated through engineering 
assessment, as described in Sec. 63.1414(d)(6), to emit 10 tons per 
year or greater of uncontrolled organic HAP emissions, organic HAP 
emissions shall be estimated following the procedures specified in 
Sec. 63.1414(d).
    (F) Owners or operators designating a condenser, sometimes operated 
as a process condenser, as a control device shall conduct inprocess 
recycling and follow the recordkeeping requirements specified in 
Sec. 63.1416(d)(1)(vi).
    (iv) Initial compliance with percent reduction standards. Initial 
compliance with the percent reduction standards specified in 
Sec. 63.1406(a)(1)(ii) and (2)(ii) and Sec. 63.1407(a)(2)(ii) and 
(3)(ii) is achieved when the owner or operator demonstrates, following 
the procedures in paragraphs (e)(1)(i) through (iii) of this section, 
that the required percent reduction is achieved.
    (v) Continuous compliance with percent reduction standards. 
Continuous compliance with the percent reduction standards specified in 
Sec. 63.1406(a)(1)(ii) and (2)(ii) and

[[Page 3308]]

Sec. 63.1407(a)(2)(ii) and (3)(ii) shall be demonstrated following the 
continuous monitoring procedures specified in Sec. 63.1415.
    (2) Compliance with mass emission limit standards. Each owner or 
operator shall determine initial and continuous compliance with the 
mass emission limits specified in Sec. 63.1406 (a)(1)(iii) and 
(a)(2)(iii), according to the following procedures, as appropriate:
    (i) If production at an affected source is exclusively non-solvent-
based amino/phenolic resin or is exclusively solvent-based amino/
phenolic resin, or an owner or operator chooses to meet the non-
solvent-based emission limit, the owner or operator shall demonstrate 
initial and continuous compliance as follows:
    (A) Initial compliance. Initial compliance shall be based on the 
average of the first 6 monthly average emission rate data points. The 
6-month average shall be compared to the mass emission limit specified 
in Sec. 63.1406 (a)(1)(iii) and (a)(2)(iii), as appropriate.
    (B) Continuous compliance. For the first year of compliance, 
continuous compliance shall be based on a cumulative average monthly 
emission rate calculated each month based on the available monthly 
emission rate data points (e.g., 7 data points after 7 months of 
operation, 8 data points after 8 months of operation) beginning the 
first month after initial compliance is demonstrated. The first 
continuous compliance cumulative average monthly emission rate shall be 
calculated using the first 7 monthly average emission rate data points. 
After the first year of compliance, a 12-month rolling average monthly 
emission rate shall be calculated each month based on the previous 12 
monthly emission rate data points. Continuous compliance shall be 
determined by comparing the cumulative average monthly emission rate or 
the 12-month rolling average monthly emission rate to the mass emission 
limit specified in Sec. 63.1406 (a)(1)(iii) and (a)(2)(iii), as 
appropriate.
    (C) Procedures to determine the monthly emission rate. The monthly 
emission rate, kilograms of organic HAP per megagram of product, shall 
be determined at the end of each month using Equation 2 of this 
section:

Where:

ER=Emission rate of organic HAP from reactor batch process vents, kg 
of HAP/Mg product.
Ei=Emission rate of organic HAP from reactor batch 
process vent i as determined using the procedures specified in 
paragraph (e)(2)(i)(C)(1) of this section, kg/month.
RPm=Amount of resin produced in one month as determined 
using the procedures specified in paragraph (e)(2)(i)(C)(4) of this 
section, Mg/month.
n=Number of batch process vents.

    (1) The monthly emission rate of organic HAP, in kilograms per 
month, from an individual batch process vent (Ei) shall be 
determined using Equation 3 of this section. Once organic HAP emissions 
for a batch cycle (Ecyclei) have been estimated, as 
specified in either paragraph (e)(2)(i)(C)(2) or (3) of this section, 
the owner or operator may use the estimated organic HAP emissions 
(Ecyclei) to determine Ei using Equation 3 of 
this section until the estimated organic HAP emissions 
(Ecyclei) are no longer representative due to a process 
change or other reasons known to the owner or operator. If organic HAP 
emissions for a batch cycle (Ecyclei) are determined to no 
longer be representative, the owner or operator shall redetermine 
organic HAP emissions for the batch cycle (Ecyclei) 
following the procedures in paragraph (e)(2)(i)(C)(2) or (3) of this 
section, as appropriate.
[GRAPHIC] [TIFF OMITTED] TR20JA00.005


Where:

Ei=Monthly emissions from a batch process vent, kg/month.
Ni=Number of type i batch cycles performed monthly, 
cycles/month.
Ecyclei=Emissions from the batch process vent associated 
with a single type i batch cycle, as determined using the procedures 
specified in either paragraph (e)(2)(i)(C)(2) or (3) of this 
section, kg/batch cycle.
n=Number of different types of batch cycles that cause the emission 
of organic HAP from the batch process vent.

    (2) For reactor batch process vents estimated through engineering 
assessment, as described in Sec. 63.1414(d)(6), to emit less than 10 
tons per year of uncontrolled organic HAP emissions, the owner or 
operator may use the emissions determined using engineering assessment 
in Equation 3 of this section or may determine organic HAP emissions 
using any of the procedures specified in Sec. 63.1414(d). For reactor 
batch process vents estimated through engineering assessment, as 
described in Sec. 63.1414(d)(6), to emit 10 tons per year or greater of 
uncontrolled organic HAP emissions, uncontrolled organic HAP emissions 
from the batch emission episodes making up the batch cycle shall be 
estimated following the procedures specified in Sec. 63.1414(d).
    (3) For reactor batch process vents vented to a control device or 
control technology, controlled organic HAP emissions shall be 
determined as follows:
    (i) Uncontrolled organic HAP emissions shall be determined 
following the procedures in paragraph (e)(2)(i)(C)(2) of this section.
    (ii) Control device or control technology efficiency shall be 
determined using the procedures in paragraph (e)(1)(i) of this section 
for small control devices or the procedures in paragraph (e)(1)(ii) of 
this section for large control devices.
    (iii) Controlled organic HAP emissions shall be determined by 
applying the control device or control technology efficiency, 
determined in paragraph (e)(2)(i)(C)(3)(ii) of this section, to the 
uncontrolled organic HAP emissions, determined in paragraph 
(e)(2)(i)(C)(3)(i) of this section.
    (4) The rate of resin produced, RPM (Mg/month), shall be 
determined based on production records certified by the owner or 
operator to represent actual production for the month. A sample of the 
records selected by the owner or operator for this purpose shall be 
provided to the Administrator in the Precompliance Report as required 
by Sec. 63.1417(d).
    (ii) If production at an affected source reflects a mix of solvent-
based and non-solvent-based resin and the owner or operator does not 
choose to meet the non-solvent-based emission limit specified in 
Sec. 63.1406 (a)(1)(iii) or (a)(2)(iii), as applicable, the owner or 
operator shall demonstrate initial and continuous compliance as 
follows:
    (A) Procedures for determining a site-specific emission limit. A 
site-specific emission limit shall be determined using Equation 4 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR20JA00.006



[[Page 3309]]


Where:

SSEL=Site specific emission limit, kg of organic HAP/Mg of product.
MGs=Megagrams of solvent-based resin product produced, megagrams.
MGns=Megagrams of non-solvent-based resin product produced, 
megagrams.
ELs=Emission limit for solvent-based resin product, kg organic HAP/
Mg solvent-based resin product.
ELns=Emission limit for non-solvent-based resin product, kg organic 
HAP/Mg non-solvent-based resin product.

    (B) Initial compliance. For purposes of determining initial 
compliance, the site-specific emission limit shall be based on 
production for the first 6 months beginning January 20, 2000 or the 
first 6 months after initial start-up, whichever is later. Using the 
site-specific emission limit, initial compliance shall be demonstrated 
using the procedures in paragraph (e)(2)(i)(A) of this section, as 
appropriate.
    (C) Continuous compliance. For purposes of determining continuous 
compliance for the period of operation starting at the beginning of the 
7th month and ending after the 12th month, the site-specific emission 
limit shall be determined each month based on production for the 
cumulative period. For purposes of determining continuous compliance 
after the first year of production, the site-specific emission limit 
shall be determined each month based on production for a 12-month 
rolling period. Using the site-specific emission limit, continuous 
compliance shall be demonstrated using the procedures in paragraph 
(e)(2)(i)(B) of this section, as appropriate.
    (3) Compliance by venting to a flare. Initial compliance with the 
standards specified in Sec. 63.1406(a)(1)(i) and (a)(2)(i) and 
Sec. 63.1407(a)(2)(i) and (a)(3)(i) shall be demonstrated following the 
procedures specified in paragraph (g) of this section. Continuous 
compliance with these standards shall be demonstrated following the 
continuous monitoring procedures specified in Sec. 63.1415.
    (4) Compliance with alternative standard. Initial and continuous 
compliance with the alternative standard specified in Secs. 63.1406(b) 
and 63.1407(b)(1) shall be demonstrated following the procedures in 
paragraph (f) of this section.
    (f) Compliance with alternative standard. Initial and continuous 
compliance with the alternative standards in Secs. 63.1404(b), 
63.1405(b), 63.1406(b), 63.1407(b)(1), and 63.1408(b)(1) are 
demonstrated when the daily average outlet organic HAP concentration is 
20 ppmv or less when using a combustion control device or 50 ppmv or 
less when using a non-combustion control device. To demonstrate initial 
and continuous compliance, the owner or operator shall follow the test 
method specified in Sec. 63.1414(a)(6) and shall be in compliance with 
the monitoring provisions in Sec. 63.1415(e) no later than the initial 
compliance date and on each day thereafter.
    (g) Flare compliance demonstrations. Notwithstanding any other 
provision of this subpart, if an owner or operator of an affected 
source uses a flare to comply with any of the requirements of this 
subpart, the owner or operator shall comply with paragraphs (g)(1) 
through (3) of this section. When using a flare to comply, the owner or 
operator is not required to conduct a performance test to determine 
percent emission reduction or outlet organic HAP concentration. If a 
compliance demonstration has been conducted previously for a flare, 
using the techniques specified in paragraphs (g)(1) through (3) of this 
section, that compliance demonstration may be used to satisfy the 
requirements of this paragraph if either no deliberate process changes 
have been made since the compliance demonstration, or the results of 
the compliance demonstration reliably demonstrate compliance despite 
process changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted 
using the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    (h) Deviations. Paragraphs (h)(1) through (4) of this section 
describe deviations from the emission limits, the operating limits, the 
work practice standards, and the emission standard, respectively. 
Paragraph (h)(5) of this section describes situations that are not 
deviations. Paragraph (h)(6) of this section describes periods that are 
excluded from compliance determinations.
    (1) Deviations from the emission limit. The following are 
deviations from the emission limit:
    (i) Exceedance of the condenser outlet gas temperature limit (i.e., 
having an average value higher than the established maximum level) 
monitored according to the provisions of Sec. 63.1415(b)(3);
    (ii) Exceedance of the outlet concentration (i.e., having an 
average value higher than the established maximum level) monitored 
according to the provisions of Sec. 63.1415(b)(8);
    (iii) Exceedance of the mass emission limit (i.e., having an 
average value higher than the specified limit) monitored according to 
the provisions of paragraph (e)(2) of this section; and
    (iv) Exceedance of the organic HAP outlet concentration limit 
(i.e., having an average value higher than the specified limit) 
monitored according to the provisions of Sec. 63.1415(e).
    (2) Deviations from the operating limit. Exceedance of the 
parameters monitored according to Sec. 63.1415(b)(1), (b)(2), and 
(b)(4) through (7) are considered deviations from the operating limit. 
An exceedance of the monitored parameter has occurred if:
    (i) The parameter, averaged over the operating day or block, is 
below a minimum value established during the initial compliance 
demonstration; or (ii) The parameter, averaged over the operating day 
or block, is above the maximum value established during the initial 
compliance demonstration.
    (3) Deviations from the work practice standard. If all flames at 
the pilot light of a flare are absent, there has been a deviation from 
the work practice standard.
    (4) Deviation from the emission standard. If an affected source is 
not operated during periods of start-up, shutdown, or malfunction in 
accordance with the affected source's Start-up, Shutdown, and 
Malfunction Plan, there has been a deviation from the emission 
standard. If monitoring data are insufficient, as described in 
paragraphs (h)(4)(i) through (iii) of this section, there has been a 
deviation from the emission standard.
    (i) The period of control device or control technology operation is 
4 hours or greater in an operating day, and monitoring data are 
insufficient to constitute a valid hour of data, as defined in 
paragraph (h)(4)(iii) of this section, for at least 75 percent of the 
operating hours;
    (ii) The period of control device or control technology operation 
is less than 4 hours in an operating day, and more than one of the 
hours during the period of operation does not constitute a valid hour 
of data due to insufficient monitoring data; and
    (iii) Monitoring data are insufficient to constitute a valid hour 
of data, as used in paragraphs (h)(4)(i) and (ii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour. For data compression systems approved under 
Sec. 63.1417(k)(3), monitoring data are insufficient to calculate a 
valid hour of

[[Page 3310]]

data if there are less than four data measurements made during the 
hour.
    (5) Situations that are not deviations. If an affected source is 
operated during periods of start-up, shutdown, or malfunction in 
accordance with the affected source's Start-up, Shutdown, and 
Malfunction Plan, and any of the situations listed in paragraphs 
(h)(5)(i) through (iv) of this section occur, such situations shall not 
be considered to be deviations.
    (i) The daily average value of a monitored parameter is above the 
maximum level or below the minimum level established;
    (ii) Monitoring data cannot be collected during monitoring device 
calibration check or monitoring device malfunction;
    (iii) Monitoring data are not collected during periods of start-up, 
shutdown, or malfunction; and
    (iv) Monitoring data are not collected during periods of 
nonoperation of the affected source or portion thereof (resulting in 
cessation of the emissions to which the monitoring applies).
    (6) Periods not considered to be part of the period of control or 
recovery device operation. The periods listed in paragraphs (h)(6)(i) 
through (v) of this section are not considered to be part of the period 
of control or recovery device operation for purposes of determining 
averages or periods of control device or control technology operation.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions; or
    (v) Periods of nonoperation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.


Sec. 63.1414  Test methods and emission estimation equations.

    (a) Test methods. When required to conduct a performance test, the 
owner or operator shall use the test methods specified in paragraphs 
(a)(1) through (6) of this section, except where another section of 
this subpart requires either the use of a specific test method or the 
use of requirements in another subpart containing specific test method 
requirements.
    (1) Method 1 or 1A, 40 CFR part 60, appendix A, shall be used for 
selection of the sampling sites if the flow measuring device is a pitot 
tube, except that references to particulate matter in Method 1A do not 
apply for the purposes of this subpart. No traverse is necessary when 
Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas 
stream volumetric flow rate.
    (2) Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, is used 
for velocity and volumetric flow rates.
    (3) Method 3, 40 CFR part 60, appendix A, is used for gas analysis.
    (4) Method 4, 40 CFR part 60, appendix A, is used for stack gas 
moisture.
    (5) The following methods shall be used to determine the organic 
HAP concentration.
    (i) Method 316 or Method 320, 40 CFR part 60, appendix A, shall be 
used to determine the concentration of formaldehyde.
    (ii) Method 18, 40 CFR part 60, appendix A, shall be used to 
determine the concentration of all organic HAP other than formaldehyde.
    (iii) Method 308, 40 CFR part 60, appendix A, may be used as an 
alternative to Method 18 to determine the concentration of methanol.
    (6) When complying with the alternative standard, as specified in 
Sec. 63.1413(f), the owner or operator shall use a Fourier Transform 
Infrared Spectroscopy (FTIR) instrument following Method PS-15, 40 CFR 
part 60, appendix B.
    (b) Batch process vent performance testing procedures.
    (1) Average batch vent flow rate determination. The average batch 
vent flow rate for a batch emission episode shall be calculated using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.007


Where:

AFRepisode=Average batch vent flow rate for the batch 
emission episode, scmm.
FRi=Volumetric flow rate for individual measurement i, 
taken every 15 minutes using the procedures in paragraph (a)(2) of 
this section, scmm.
n=Number of flow rate measurements taken during the batch emission 
episode.

    (2) Average batch vent concentration determination using an 
integrated sample. If an integrated sample is taken over the entire 
batch emission episode to determine the average batch vent 
concentration of total organic HAP, organic HAP emissions shall be 
calculated using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.008


Where:

Eepisode = Emissions, kg/episode.
K=Constant, 2.494 x  10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20  deg.C.
Cj=Average batch vent concentration of sample organic HAP 
component j of the gas stream, dry basis, ppmv.
Mj=Molecular weight of sample organic HAP component j of 
the gas stream, gm/gm-mole.
AFR=Average batch vent flow rate of gas stream, dry basis, scmm.
Th=Hours/episode.
n=Number of organic HAP in stream.

    (3) Average batch vent concentration determination using grab 
samples. If grab samples are taken to determine the average batch vent 
concentration of total organic HAP, organic HAP emissions shall be 
calculated as follows:
    (i) For each measurement point, the emission rate shall be 
calculated using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.009


Where:

Epoint=Emission rate for individual measurement point, 
kg/hr.
K=Constant, 2.494 x  10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20  deg.C.
Cj=Concentration of sample organic HAP component j of the 
gas stream, dry basis, ppmv.
Mj=Molecular weight of sample organic HAP component j of 
the gas stream, gm/gm-mole.
FR=Flow rate of gas stream for the measurement point, dry basis, 
scmm.
n=Number of organic HAP in stream.

    (ii) The organic HAP emissions per batch emission episode shall be 
calculated using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.010


Where:

    episode=Emissions, kg/episode.
DUR=Duration of the batch emission episode, hr/episode.
Ei=Emissions for measurement point i, kg/hr.
n=Number of measurements.

    (4) Control device efficiency determination for a batch emission 
episode. The control efficiency for the control device shall be 
calculated using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.011


Where:

R=Control efficiency of control device, percent.

[[Page 3311]]

Einlet=Mass rate of total organic HAP for batch emission 
episode i at the inlet to the control device as calculated under 
paragraph (b)(2) or (b)(3) of this section, kg/episode.
Eoutlet=Mass rate of total organic HAP for batch emission 
episode i at the outlet of the control device, as calculated under 
paragraph (b)(2) or (b)(3) of this section, kg/episode.
n=Number of batch emission episodes in the batch cycle selected to 
be controlled.

    (c) Percent oxygen correction for combustion control devices. If 
the control device is a combustion device, total organic HAP 
concentrations shall be corrected to 3 percent oxygen when supplemental 
combustion air is used to combust the emissions. The integrated 
sampling and analysis procedures of Method 3B, 40 CFR part 60, appendix 
A, shall be used to determine the actual oxygen concentration 
(%020). The samples shall be taken during the same time that 
the total organic HAP samples are taken. The concentration corrected to 
3 percent oxygen (Cc) shall be computed using Equation 6 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.012


Where:

Cc=Concentration of total organic HAP corrected to 3 
percent oxygen, dry basis, ppmv.
Cm=Total concentration of TOC in vented gas stream, 
average of samples, dry basis, ppmv.
%02d=Concentration of oxygen measured in vented gas 
stream, dry basis, percent by volume.

    (d) Uncontrolled organic HAP emissions. Uncontrolled organic HAP 
emissions for individual reactor batch process vents or individual non-
reactor batch process vents shall be determined using the procedures 
specified in paragraphs (d)(1) through (8) of this section. To estimate 
organic HAP emissions from a batch emissions episode, owners or 
operators may use either the emissions estimation equations in 
paragraphs (d)(1) through (4) of this section, or direct measurement as 
specified in paragraph (d)(5) of this section. Engineering assessment 
may be used to estimate organic HAP emissions from a batch emission 
episode only under the conditions described in paragraph (d)(6) of this 
section. In using the emissions estimation equations in paragraphs 
(d)(1) through (4) of this section, individual component vapor pressure 
and molecular weight may be obtained from standard references. Methods 
to determine individual HAP partial pressures in multicomponent systems 
are described in paragraph (d)(9) of this section. Other variables in 
the emissions estimation equations may be obtained through direct 
measurement, as defined in paragraph (d)(5) of this section; through 
engineering assessment, as defined in paragraph (d)(6)(ii) of this 
section; by process knowledge; or by any other appropriate means. 
Assumptions used in determining these variables shall be documented as 
specified in Sec. 63.1417. Once organic HAP emissions for the batch 
emission episode have been determined using either the emissions 
estimation equations, direct measurement, or engineering assessment, 
organic HAP emissions from a single batch cycle shall be calculated in 
accordance with paragraph (d)(7) of this section, and annual organic 
HAP emissions from the batch process vent shall be calculated in 
accordance with paragraph (d)(8) of this section.
    (1) Emissions from purging of empty vessels. Organic HAP emissions 
from the purging of an empty vessel shall be calculated using Equation 
7 of this section. Equation 7 of this section does not take into 
account evaporation of any residual liquid in the vessel:
[GRAPHIC] [TIFF OMITTED] TR20JA00.013


Where:
Eepisode=Emissions, kg/episode.
Vves=Volume of vessel, m3.
P=Total organic HAP partial pressure, kPa.
MWwavg=Weighted average molecular weight of organic HAP 
in vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/
kmolK.
T=Temperature of vessel vapor space, K.
m=Number of volumes of purge gas used.

    (2) Emissions from purging of filled vessels. Organic HAP emissions 
from the purging of a filled vessel shall be calculated using Equation 
8 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.014


Where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all organic HAP in vapor phase.
Vdr=Volumetric gas displacement rate, m3/min.
P=Pressure in vessel vapor space, kPa.
MWwavg=Weighted average molecular weight of organic HAP 
in vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/
kmolK.
T=Temperature of vessel vapor space, K.
Pi=Vapor pressure of individual organic HAP i, kPa.
xi=Mole fraction of organic HAP i in the liquid.
n=Number of organic HAP in stream.
Tm=Minutes/episode.

    (3) Emissions from vapor displacement. Organic HAP emissions from 
vapor displacement due to transfer of material into or out of a vessel 
shall be calculated using Equation 9 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.015


Where:

Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all organic HAP in vapor phase.
V=Volume of gas displaced from the vessel, m3.
P=Pressure in vessel vapor space, kPa.
MWwavg=Weighted average molecular weight of organic HAP 
in vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/
kmolK.
T=Temperature of vessel vapor space, K.
    (4) Emissions from heating of vessels. Organic HAP emissions caused 
by the heating of a vessel shall be calculated using the procedures in 
either paragraph (d)(4)(i),(ii), or (iii) of this section, as 
appropriate.
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then organic HAP emissions shall be calculated using the equations in 
paragraphs (d)(4)(i)(A) through (D) of this section.
    (A) Organic HAP emissions caused by heating of a vessel shall be 
calculated using Equation 10 of this section. The assumptions made for 
this calculation are atmospheric pressure of 760 millimeters of mercury 
(mm Hg) and the displaced gas is always saturated with volatile organic 
compounds (VOC) vapor in equilibrium with the liquid mixture:

[[Page 3312]]

[GRAPHIC] [TIFF OMITTED] TR20JA00.016


Where:
Eepisode=Emissions, kg/episode.
(Pi)T1, (Pi)T2=Partial 
pressure (kPa) of each organic HAP i in the vessel headspace at 
initial (T1) and final (T2) temperature.
n=Number of organic HAP in stream.
=Number of kilogram-moles (kg-moles) of gas 
displaced, determined in accordance with paragraph (d)(4)(i)(B) of 
this section.
101.325=Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2)=Weighted average 
molecular weight of total organic HAP in the displaced gas stream, 
determined in accordance with paragraph (d)(4)(i)(D) of this 
section, kg/kmol.

    (B) The moles of gas displaced, , is calculated using 
Equation 11 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.017


Where:
=Number of kg-moles of gas displaced.
Vfs=Volume of free space in the vessel, m3.
R=Ideal gas constant, 8.314 m3kPa/
kmolK.
Pa1=Initial noncondensible gas partial pressure in the 
vessel, kPa.
Pa2=Final noncondensible gas partial pressure in the 
vessel, kPa.
T1=Initial temperature of vessel, K.
T2=Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using Equation 12 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.018


Where:
Pa=Initial or final partial pressure of noncondensible gas in the 
vessel headspace, kPa.
101.325=Constant, kPa.
(Pi)T=Partial pressure of each organic HAP i 
in the vessel headspace, kPa, at the initial or final temperature 
(T1 or T2).
n=Number of organic HAP in stream.
    (D) The weighted average molecular weight of organic HAP in the 
displaced gas, MWwavg, shall be calculated using Equation 13 
of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.019


Where:
C=Organic HAP component
n=Number of organic HAP components in stream.

    (ii) If the vessel contents are heated to a temperature greater 
than 50 K below the boiling point, then organic HAP emissions from the 
heating of a vessel shall be calculated as the sum of the organic HAP 
emissions calculated in accordance with paragraphs (d)(4)(ii)(A) and 
(B) of this section.
    (A) For the interval from the initial temperature to the 
temperature 50 K below the boiling point, organic HAP emissions shall 
be calculated using Equation 10 of this section, where T2 is 
the temperature 50 K below the boiling point.
    (B) For the interval from the temperature 50 K below the boiling 
point to the final temperature, organic HAP emissions shall be 
calculated as the summation of emissions for each 5 K increment, where 
the emissions for each increment shall be calculated using Equation 10 
of this section.
    (1) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
    (2) If the final temperature of the heatup is higher than 5 K below 
the boiling point, the final temperature for the last increment shall 
be the temperature 5 K below the boiling point, even if the last 
increment is less than 5 K.
    (3) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a condenser, the final temperature for the 
final increment shall be the temperature 5 K below the boiling point, 
even if the last increment is less than 5 K.
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the process condenser, as 
defined in Sec. 63.1402, is considered part of the process. Organic HAP 
emissions shall be calculated as the sum of emissions calculated using 
Equation 10 of this section, which calculates organic HAP emissions due 
to heating the vessel contents to the temperature of the gas exiting 
the condenser, and emissions calculated using Equation 9 of this 
section, which calculates emissions due to the displacement of the 
remaining saturated noncondensible gas in the vessel. The final 
temperature in Equation 10 of this section shall be set equal to the 
exit gas temperature of the condenser. Equation 9 of this section shall 
be used as written below in Equation 14 of this section, using free 
space volume, and T is set equal to the condenser exit gas temperature:

[[Page 3313]]

[GRAPHIC] [TIFF OMITTED] TR20JA00.020


Where:
Eepisode=Emissions, kg/episode.
y=Saturated mole fraction of all organic HAP in vapor phase.
Vfs=Volume of the free space in the vessel, 
m3.
P=Pressure in vessel vapor space, kPa.
MWwavg=Weighted average molecular weight of organic HAP 
in vapor, determined in accordance with paragraph (d)(4)(i)(D) of 
this section, kg/kmol.
R=Ideal gas constant, 8.314 m3kPa/
kmolK.
T=Temperature of condenser exit stream, K.

    (5) Emissions determined by direct measurement. The owner or 
operator may estimate annual organic HAP emissions for a batch emission 
episode by direct measurement. The test methods and procedures 
specified in paragraphs (a) and (b) of this section shall be used for 
direct measurement. If direct measurement is used, the owner or 
operator shall perform a test for the duration of a representative 
batch emission episode. Alternatively, the owner or operator may 
perform a test during only those periods of the batch emission episode 
for which the emission rate for the entire episode can be determined or 
for which the emissions are greater than the average emission rate of 
the batch emission episode. The owner or operator choosing either of 
these options shall develop an emission profile illustrating the 
emission rate (kilogram per unit time) over the entire batch emission 
episode, based on either process knowledge or test data, to demonstrate 
that test periods are representative. Examples of information that 
could constitute process knowledge include calculations based on 
material balances and process stoichiometry. Previous test results may 
be used to develop the emission profile provided the results are still 
relevant to the current batch process vent conditions. The emission 
profile shall be included in the site-specific test plan required by 
Sec. 63.1417(h)(2).
    (6) Emissions determined by engineering assessment. To use 
engineering assessment to estimate organic HAP emissions from a batch 
emission episode, owners or operators shall comply with paragraphs 
(d)(6)(i) through (iii) of this section.
    (i) If the criteria specified in paragraphs (d)(6)(i)(A), (B), and 
(C) of this section are met for a specific batch emission episode, the 
owner or operator may use engineering assessment to estimate organic 
HAP emissions from that batch emission episode.
    (A) Previous test data, where the measurement of organic HAP 
emissions was an outcome of the test, that show a greater than 20 
percent discrepancy between the test value and the value estimated 
using the applicable equations in paragraphs (d)(1) through (4) of this 
section. Paragraphs (d)(6)(i)(A)(1) and (2) of this section describe 
test data that will be acceptable under this paragraph.
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence 
of process steps (e.g., reaction, distillation, etc.) of the equipment 
in the other process train.
    (B) Previous test data for the batch emission episode with the 
highest organic HAP emissions on a mass basis where the measurement of 
organic HAP emissions was an outcome of the test, where data were 
obtained during the production of the product for which the 
demonstration is being made, and where the data show a greater than 20 
percent discrepancy between the test value and the value estimated 
using the applicable equations in paragraphs (d)(1) through (4) of this 
section. If the criteria in this paragraph are met, then engineering 
assessment may be used for all batch emission episodes associated with 
that batch cycle for the batch unit operation.
    (C) The owner or operator has requested and been granted approval 
to use engineering assessment to estimate organic HAP emissions from a 
batch emissions episode. The request to use engineering assessment to 
estimate organic HAP emissions from a batch emissions episode shall 
contain sufficient information and data to demonstrate to the 
Administrator that engineering assessment is an accurate means of 
estimating organic HAP emissions for that particular batch emissions 
episode. The request to use engineering assessment to estimate organic 
HAP emissions for a batch emissions episode shall be submitted in the 
Precompliance Report, as required by Sec. 63.1417(d).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the tests are representative of 
current operating practices;
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions;
    (C) Flow rate or organic HAP emission rate specified or implied 
within a permit limit applicable to the batch process vent; and
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities;
    (3) Estimation of organic HAP concentrations based on saturation 
conditions; and
    (4) Estimation of organic HAP concentrations based on grab samples 
of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (d)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (d)(6)(iii)(A) and (B) of this 
section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraphs (d)(6)(i)(A) and (B) of this section have been met shall 
be reported in the Notification of Compliance Status, as required by 
Sec. 63.1417(e)(9).
    (B) The request for approval to use engineering assessment to 
estimate organic HAP emissions from a batch emissions episode as 
allowed under paragraph (d)(6)(i)(C) of this section, and sufficient 
data or other information for demonstrating to the Administrator that 
engineering assessment is an accurate means of estimating organic HAP 
emissions for that particular batch emissions episode shall be 
submitted with the Precompliance Report, as required by 
Sec. 63.1417(d).
    (7) Emissions for a single batch cycle. For each batch process 
vent, the organic HAP emissions associated with a single batch cycle 
shall be calculated using Equation 15 of this section:


[[Page 3314]]


Where:
[GRAPHIC] [TIFF OMITTED] TR20JA00.021

Ecycle=Emissions for an individual batch cycle, kg/batch 
cycle.
Eepisodei=Emissions from batch emission episode i, kg/
episode.
n=Number of batch emission episodes for the batch cycle.

    (8) Annual emissions from a batch process vent. Annual organic HAP 
emissions from a batch process vent shall be calculated using Equation 
16 of this section:
[GRAPHIC] [TIFF OMITTED] TR20JA00.022


Where:
AE=Annual emissions from a batch process vent, kg/yr.
Ni=Number of type i batch cycles performed annually, 
cycles/year.
Ecyclei=Emissions from the batch process vent 
associated with a single type i batch cycle, as determined in 
paragraph (d)(7) of this section, kg/batch cycle.
n=Number of different types of batch cycles that cause the emission 
of organic HAP from the batch process vent.

    (9) Partial pressures in multicomponent systems. Individual HAP 
partial pressures in multicomponent systems shall be determined using 
the appropriate method specified in paragraphs (d)(9)(i) through (iii) 
of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law is not appropriate or 
available, the owner or operator may use any of the options in 
paragraph (d)(9)(iii)(A), (B), or (C) of this section.
    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and 
use the summation of all vapor pressures from the HAPs as the total HAP 
partial pressure.


Sec. 63.1415  Monitoring requirements.

    (a) General requirements. Each owner or operator of an emission 
point located at an affected source that uses a control device to 
comply with the requirements of this subpart and has one or more 
parameter monitoring level requirement specified under this subpart, 
shall install the monitoring equipment specified in paragraph (b) of 
this section in order to demonstrate continued compliance with the 
provisions of this subpart. All monitoring equipment shall be 
installed, calibrated, maintained, and operated according to 
manufacturer's specifications or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (1) This monitoring equipment shall be in operation at all times 
when organic HAP emissions that are required to be controlled as part 
of complying with the emission limits specified in Secs. 63.1404, 
63.1405, 63.1406, 63.1407, and 63.1408 are vented to the control 
device.
    (2) For control devices controlling less than 1 ton per year of 
uncontrolled organic HAP emissions, monitoring shall consist of a daily 
verification that the control device is operating properly. If the 
control device is used to control batch process vents alone or in 
combination with other emission points, the verification may be on a 
per batch cycle basis. This verification shall include, but not be 
limited to, a daily or per batch demonstration that the control device 
is working as designed. The procedure for this demonstration shall be 
submitted for review and approval as part of the Precompliance Report, 
as required by Sec. 63.1417(d)(10).
    (3) Nothing in this section shall be construed to allow a 
monitoring parameter excursion caused by an activity that violates 
other applicable provisions of subpart A, F, or G of this part.
    (b) Monitoring equipment. The monitoring equipment specified in 
paragraphs (b)(1) through (8) of this section shall be installed as 
specified in paragraph (a) of this section. The parameters to be 
monitored are specified in Table 3 of this subpart.
    (1) Where a scrubber is used, the following monitoring equipment is 
required.
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent.
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the following procedures:
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that required a determination of the liquid to gas (L/G) 
ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that 
was conducted prior to the compliance date for this subpart may be 
utilized to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least 
provide a value for either a representative or the highest gas stream 
flow anticipated in the scrubber during representative operating 
conditions other than start-ups, shutdowns, or malfunctions. The plan 
shall include a description of the methodology to be followed and an 
explanation of how the selected methodology will reliably determine the 
gas stream flow, and a description of the records that will be 
maintained to document the determination of gas stream flow. The owner 
or operator shall maintain the plan as specified in Sec. 63.1416(a).
    (2) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are 
required, each equipped with a continuous recorder.
    (3) Where a condenser is used, a condenser exit temperature 
(product side) monitoring device equipped with a continuous recorder is 
required.
    (4) Where a carbon adsorber is used, an integrating regeneration 
steam flow or nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or 
pressure, or better, capable of recording the total regeneration steam 
flow or nitrogen flow, or pressure (gauge or absolute) for each 
regeneration cycle; and a carbon bed temperature monitoring device, 
capable of recording the carbon bed temperature after each regeneration 
and within 15 minutes of completing any cooling cycle are required.
    (5) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is 
used, the temperature monitoring device shall be installed in the 
firebox or in the ductwork immediately downstream of the firebox in a 
position before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices

[[Page 3315]]

shall be installed in the gas stream immediately before and after the 
catalyst bed.
    (6) Where a flare is used, a device (including but not limited to a 
thermocouple, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (7) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all vent streams are introduced with the 
primary fuel or are used as the primary fuel is exempt from this 
requirement.
    (8) As an alternate to paragraphs (b)(1) through (7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder. Said organic monitoring device 
shall meet the requirements of Performance Specification 8 or 9 of 40 
CFR part 60, appendix B, and shall be installed, calibrated, and 
maintained according to Sec. 63.6.
    (c) Alternative monitoring parameters. An owner or operator may 
request approval to monitor parameters other than those specified in 
Table 3 of this subpart. The request shall be submitted according to 
the procedures specified in Sec. 63.1417(j). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device or control technology other than those 
included in paragraph (b) of this section; or
    (2) Uses one of the control devices included in paragraph (b) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 3 of this subpart.
    (d) Monitoring of bypass lines. Owners or operators using a vent 
system that contains bypass lines that could divert emissions away from 
a control device or control technology used to comply with the 
provisions of this subpart shall comply with either paragraph (d)(1) or 
(2) of this section. Equipment such as low leg drains, high point 
bleeds, analyzer vents, open-ended valves or lines, and pressure relief 
valves needed for safety purposes are not subject to this paragraph.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.1416(d)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert 
emissions away from the control device or control technology and to the 
atmosphere; or
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in 
the non-diverting position and emissions are not diverted through the 
bypass line. Records shall be generated as specified in 
Sec. 63.1416(d)(3).
    (e) Monitoring for the alternative standards. For control devices 
that are used to comply with the provisions of Secs. 63.1404(b), 
63.1405(b), 63.1406(b), 63.1407(b), or 63.1408(b) the owner or operator 
shall conduct continuous monitoring of the outlet organic HAP 
concentration whenever emissions are vented to the control device. 
Continuous monitoring of outlet organic HAP concentration shall be 
accomplished using an FTIR instrument following Method PS-15 of 40 CFR 
part 60, appendix B. The owner or operator shall calculate a daily 
average outlet organic HAP concentration.


Sec. 63.1416  Recordkeeping requirements.

    (a) Data retention. Unless otherwise specified in this subpart, 
each owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner 
that they can be readily accessed. The most recent 6 months of records 
shall be retained on site or shall be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The remaining 4 and one-half years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, CD-ROM, optical disc, magnetic tape, or 
microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived 
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of 
reports, the owner or operator is not required to maintain copies of 
those reports.
    (b) Start-up, shutdown, and malfunction plan and records. The owner 
or operator of an affected source shall develop and implement a start-
up, shutdown, and malfunction plan as specified in Sec. 63.6(e)(3) and 
shall keep the plan on-site. Records shall be kept as specified in 
paragraphs (b)(1) and (2) of this section. Records are not required for 
emission points that do not require control under this subpart.
    (1) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment, or control 
devices, or recovery devices, or continuous monitoring systems, or 
control technologies used to comply with this subpart during which 
excess emissions (as defined in Sec. 63.1400(k)(4)) occur.
    (2) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.1400(k)(4)) occur, records reflecting 
whether the procedures specified in the affected source's start-up, 
shutdown, and malfunction plan were followed and documentation of 
actions taken that are not consistent with the plan. For example, if a 
start-up, shutdown, and malfunction plan includes procedures for 
routing a control device to a backup control device (e.g., a 
halogenated stream could be routed to a flare during periods when the 
primary control device is out of service), records shall be kept of 
whether the plan was followed. These records may take the form of a 
``checklist'' or other form of recordkeeping that confirms conformance 
with the start-up, shutdown, and malfunction plan for the event.
    (c) Monitoring records. Owners or operators required to comply with 
Sec. 63.1415 and, therefore, required to keep continuous records shall 
keep records as specified in paragraphs (c)(1) through (6) of this 
section.
    (1) The owner or operator shall record either each measured data 
value or average values for 1 hour or shorter periods calculated from 
all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute 
may be used to calculate the hourly (or shorter period) average instead 
of all measured values. Owners or operators of batch process vents 
shall record each measured data value; if values are measured more 
frequently than once per minute, a single value for each minute may be 
recorded instead of all measured values.
    (2) Daily average, batch cycle daily average, or block average 
values of each continuously monitored parameter shall be calculated for 
each operating day as specified in paragraphs (c)(2)(i) and (ii) of 
this section, except as specified in paragraphs (c)(3) and (4) of this 
section. The option of conducting parameter monitoring for batch 
process vents on a batch cycle daily average basis or a

[[Page 3316]]

block average basis is described in paragraph (d)(2) of this section.
    (i) The daily average value, batch cycle daily average, or block 
average shall be calculated as the average of all parameter values 
recorded during the operating day, or batch cycle, as appropriate, 
except as specified in paragraph (c)(4) of this section. For batch 
process vents, only parameter values recorded during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has selected to control in order to comply shall be 
used to calculate the average. The calculated average shall cover a 24-
hour period if operation is continuous, or the number of hours of 
operation per operating day if operation is not continuous for daily 
average values or batch cycle daily average values. The calculated 
average shall cover the entire period of the batch cycle for block 
average values. As specified in Sec. 63.1413(a)(4)(i)(C)(3), the owner 
or operator shall provide the information needed to calculate batch 
cycle daily averages for operating days that include partial batch 
cycles.
    (ii) The operating day shall be the period the owner or operator 
specifies in the operating permit or the Notification of Compliance 
Status for purposes of determining daily average values or batch cycle 
daily average values of monitored parameters. The block shall be the 
entire period of the batch cycle, as specified by the owner or operator 
in the operating permit or the Notification of Compliance Status for 
purposes of determining block average values of monitored parameters.
    (3) If all recorded values for a monitored parameter during an 
operating day or block are above the minimum level or below the maximum 
level established in the Notification of Compliance Status or operating 
permit, the owner or operator may record that all values were above the 
minimum level or below the maximum level rather than calculating and 
recording a daily average, or block average, for that operating day. 
For these operating days or blocks, the records required in paragraph 
(c)(1) of this section shall also be retained for 5 years.
    (4) Monitoring data recorded during periods identified in 
paragraphs (c)(4)(i) through (v) of this section shall not be included 
in any average computed under this subpart. Records shall be kept of 
the times and durations of all such periods and any other periods 
during process or control device or recovery device or control 
technology operation when monitors are not operating:
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions; and
    (v) Periods of non-operation of the affected source (or portion 
thereof) resulting in cessation of the emissions to which the 
monitoring applies.
    (5) The owner or operator who has received approval to monitor 
different parameters, under Sec. 63.1417(j) as allowed under 
Sec. 63.1415(e), than those specified for storage vessels, continuous 
process vents, or batch process vents shall retain for a period of 5 
years each record specified in their approved Alternative Monitoring 
Parameters request.
    (6) The owner or operator who has received approval to use 
alternative continuous monitoring and recordkeeping provisions as 
specified in Sec. 63.1417(k) shall retain for a period of 5 years each 
record specified in their approved Alternative Continuous Monitoring 
request.
    (d) Batch process vent records. (1) Compliance demonstration 
records. Each owner or operator of a batch process vent complying with 
Sec. 63.1406 or Sec. 63.1407 shall keep the following records, as 
applicable, readily accessible.
    (i) If a batch process vent is seeking to demonstrate compliance 
with the alternative standard specified in Sec. 63.1406(b) or 
Sec. 63.1407(b), results of the initial compliance demonstration 
specified in Sec. 63.1413(f).
    (ii) If a batch process vent is seeking to demonstrate compliance 
with the percent reduction requirements of Sec. 63.1406(a)(1)(ii) or 
Sec. 63.1407(a)(2)(ii), records documenting the batch cycle percent 
reduction or overall percent reduction, as appropriate, as specified in 
Sec. 63.1413(e)(1)(iii).
    (iii) When using a flare to comply with Sec. 63.1406(a)(1)(i) or 
Sec. 63.1407(a)(2)(i):
    (A) The flare design (i.e., steam-assisted, air-assisted or non-
assisted);
    (B) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.1413(g); and
    (C) Periods when all pilot flames were absent during the compliance 
determination required by Sec. 63.1413(g).
    (iv) The following information when using a control device or 
control technology, other than a flare, to achieve compliance with the 
percent reduction requirement of Sec. 63.1406(a)(1)(ii) or 
Sec. 63.1407(a)(2)(ii):
    (A) For an incinerator, non-combustion control device, or other 
control technology, the percent reduction of organic HAP achieved for 
emissions vented to the control device or control technology, as 
determined using the procedures specified in Sec. 63.1413(e)(1);
    (B) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater; and
    (C) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the vent stream is not 
introduced with the primary fuel or used as the primary fuel, the 
percent reduction of organic HAP achieved for emissions vented to the 
control device, as determined using the procedures specified in 
Sec. 63.1413(e)(1).
    (v) If a batch process vent is seeking to demonstrate compliance 
with the mass emission limits specified in Sec. 63.1406(a)(1)(iii) or 
(a)(2)(iii) or specified in Sec. 63.1407(b)(2), the following 
information:
    (A) Results of the initial compliance demonstration specified in 
Sec. 63.1413(e)(2).
    (B) The organic HAP emissions from the batch process vent 
associated with each single type of batch cycle (Ecycle 
i) determined as specified in Sec. 63.1413(e)(2).
    (C) The site-specific emission limit required by 
Sec. 63.1413(e)(2), as appropriate.
    (vi) If an owner or operator designates a condenser sometimes 
operated as a process condenser as a control device, comply with either 
paragraph (d)(1)(vi)(A) or (B) of this section.
    (A) Retain information, data, analyses to document inprocess 
recycling of the material recovered when the condenser is operating as 
a control device.
    (B) When requested by the Administrator, demonstrate that material 
recovered by the condenser operating as a control device is reused in a 
manner meeting the definition of inprocess recycling.
    (2) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec. 63.1415(b) and Table 3 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices or control technologies monitored according to 
Sec. 63.1417(j) as allowed under Sec. 63.1415(e), maintain 
documentation showing the establishment of the level that indicates 
proper operation of the control device or control technology as 
required by Sec. 63.1415(c) for parameters specified in Sec. 63.1415(b) 
and as required by Sec. 63.1417(j) for alternate parameters. An

[[Page 3317]]

owner or operator may choose to monitor operating parameters for batch 
process vents on a batch cycle daily average basis or on a block 
average basis. The batch cycle daily average is based on parameter 
monitoring accomplished during the operating day (i.e., a 24-hour 
basis). The block average is based on the parameter monitoring 
accomplished during a single batch cycle. As defined in Sec. 63.1402, 
the block shall be the period of time equal to a single batch cycle. 
Monitored parameter documentation shall include the following:
    (i) Parameter monitoring data used to establish the level.
    (ii) Identification that the parameter monitoring level is 
associated with a batch cycle daily average or a block average.
    (iii) A definition of the batch cycle or block, as appropriate.
    (3) Controlled batch process vent continuous compliance records. 
Continuous compliance records shall be kept as follows:
    (i) Each owner or operator of a batch process vent that uses a 
control device or control technology to comply with the percent 
reduction requirements of Sec. 63.1406(a)(1)(ii) or 
Sec. 63.1407(a)(2)(ii) shall keep the following records, as applicable, 
readily accessible:
    (A) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.1415(b) as applicable, and 
listed in Table 3 of this subpart, or specified by the Administrator in 
accordance with Sec. 63.1417(f) as allowed under Sec. 63.1415(e). Said 
records shall be kept as specified under paragraph (c) of this section, 
except as follows:
    (1) For carbon adsorbers, the records specified in Table 3 of this 
subpart shall be maintained in place of continuous records.
    (2) For flares, the records specified in Table 4 of this subpart 
shall be maintained in place of continuous records.
    (B) Records of the batch cycle daily average value or block average 
value of each continuously monitored parameter, as specified in 
paragraph (c) of this section.
    (ii) Each owner or operator of a batch process vent that uses a 
control device or control technology to comply with Sec. 63.1406 or 
Sec. 63.1407 shall keep the following records, as applicable, readily 
accessible:
    (A) Hourly records of whether the flow indicator for bypass lines 
specified in Sec. 63.1415(d) was operating and whether a diversion was 
detected at any time during the hour. Also, records of the time and 
duration periods when the vent is diverted from the control device or 
control technology or the flow indicator specified in Sec. 63.1415(d) 
is not operating.
    (B) Where a seal or closure mechanism is used to comply with 
Sec. 63.1415(d), hourly records of whether a diversion was detected at 
any time are not required. The owner or operator shall record whether 
the monthly visual inspection of the seals or closure mechanisms has 
been done and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (C) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation or control 
technology operation when monitors are not operating.
    (iii) Each owner or operator of a batch process vent seeking to 
demonstrate compliance with the alternative standard, as specified in 
Sec. 63.1406(b) or Sec. 63.1407(b), shall keep the records of 
continuous emissions monitoring described in Sec. 63.1416(c).
    (iv) Each owner or operator of a batch process vent seeking to 
demonstrate compliance with the mass emission limits, specified in 
Sec. 63.1406(a)(1)(iii) or (a)(2)(iii), shall keep the following 
records, as applicable, readily accessible.
    (A) The cumulative average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (B) If there is a deviation from the mass emission limit, as 
specified in Sec. 63.1413(h), the individual monthly emission rate data 
points making up the cumulative average monthly emission rate or the 
12-month rolling average monthly emission rate, as appropriate.
    (C) If it becomes necessary to redetermine (Ecycle 
i) for a reactor batch process vent, as specified in 
Sec. 63.1413(e)(2), the new value(s) for (Ecycle i).
    (D) If an owner or operator is demonstrating compliance using the 
procedures in Sec. 63.1413(e)(2), the monthly value of the site-
specific emission limit developed under Sec. 63.1413(e)(2).
    (e) Aggregate batch vent stream records. (1) Compliance 
demonstration records. Each owner or operator of an aggregate batch 
vent stream complying with Sec. 63.1408(a)(1) or (2) shall keep the 
following records, as applicable, readily accessible:
    (i) If an aggregate batch vent stream is in compliance with the 
percent reduction requirements of Sec. 63.1408(a)(1)(ii) or (a)(2)(ii), 
owners or operators shall comply with the recordkeeping requirements 
for continuous process vents specified in 40 CFR part 63, subpart SS.
    (ii) If an aggregate batch vent stream is in compliance with the 
alternative standard specified in Sec. 63.1408(b), results of the 
initial compliance demonstration specified in Sec. 63.1413(f).
    (iii) When using a flare to comply with Sec. 63.1408(a)(1)(i) or 
(a)(2)(i):
    (A) The flare design (i.e., steam-assisted, air-assisted or non-
assisted).
    (B) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.1413(g).
    (C) Periods when all pilot flames were absent during the compliance 
determination required by Sec. 63.1413(g).
    (iv) If an aggregate batch vent stream is seeking to comply with 
the mass emission limits specified in Sec. 63.1408(b)(2), results of 
the initial compliance demonstration specified in Sec. 63.1413(e)(2). 
In addition, for each batch process vent, the emissions associated with 
each single type of batch cycle (Ecycle i), determined 
as specified in Sec. 63.1413(e)(2), shall be recorded.
    (2) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec. 63.1415(b) and Table 3 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec. 63.1417(j) as allowed under 
Sec. 63.1415(e), maintain documentation showing the establishment of 
the level that indicates proper operation of the control device as 
required by Sec. 63.1415(c) for parameters specified in Sec. 63.1415(b) 
and as required by Sec. 63.1417(j) for alternate parameters. Monitored 
parameter documentation shall include the parameter monitoring data 
used to establish the level.
    (3) Controlled aggregate batch vent streams continuous compliance 
records. The following continuous compliance records shall be kept, as 
applicable:
    (i) Each owner or operator of an aggregate batch vent stream that 
uses a control device to comply with the percent reduction requirement 
of Sec. 63.1408(a)(1)(ii) or (a)(2)(ii) shall keep the following 
records, as applicable, readily accessible:
    (A) Continuous records of the equipment operating parameters

[[Page 3318]]

specified to be monitored under Sec. 63.1415(b) as applicable, and 
listed in Table 3 of this subpart, or specified by the Administrator in 
accordance with Sec. 63.1417(j) as allowed under Sec. 63.1415(e). 
Records shall be kept as specified under paragraph (c) of this section, 
except as follows:
    (1) For carbon adsorbers, the records specified in Table 3 of this 
subpart shall be maintained in place of continuous records.
    (2) For flares, the records specified in Table 3 of this subpart 
shall be maintained in place of continuous records.
    (B) Records of the daily average value of each continuously 
monitored parameter, as specified in paragraph (c) of this section.
    (ii) Each owner or operator of an aggregate batch vent stream that 
uses a control device to comply with paragraph Sec. 63.1408(a)(1) or 
(2) of this section shall keep the following records, as applicable, 
readily accessible:
    (A) Hourly records of whether the flow indicator for bypass lines 
specified in Sec. 63.1415(d) was operating and whether a diversion was 
detected at any time during the hour. Also, records of the times and 
durations of periods when the vent is diverted from the control device 
or the flow indicator specified in Sec. 63.1415(d) is not operating.
    (B) Where a seal or closure mechanism is used to comply with 
Sec. 63.1415(d), hourly records of whether a diversion was detected at 
any time are not required. The owner or operator shall record whether 
the monthly visual inspection of the seals or closure mechanisms has 
been done, and shall record the occurrence of all periods when the seal 
mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (C) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high-level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (iii) Each owner or operator of an aggregate batch vent stream 
seeking to demonstrate compliance with the alternative standard, as 
specified in Sec. 63.1408(b), shall keep the records of continuous 
emissions monitoring described in Sec. 63.1416(c).
    (iv) Each owner or operator of an aggregate batch vent stream 
seeking to demonstrate compliance with the mass emission limits, 
specified in Sec. 63.1408(b)(2), shall keep the following records, as 
applicable, readily accessible:
    (A) The rolling average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (B) If there is a deviation from the emission limit, as specified 
in Sec. 63.1413(h)(1), the individual monthly emission rate data points 
making up the rolling average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (C) If it becomes necessary to redetermine 
(Ecyclei) for a reactor batch process vent, as 
specified in Sec. 63.1413(e)(2), the new value(s) for 
(Ecyclei).
    (f) Continuous process vent records. (1) TRE index value records. 
Each owner or operator of a continuous process vent shall maintain 
records of measurements, engineering assessments, and calculations 
performed according to the procedures of Sec. 63.1412(j) to determine 
the TRE index value. Documentation of engineering assessments, 
described in Sec. 63.1412(k), shall include all data, assumptions, and 
procedures used for the engineering assessments.
    (2) Volumetric flow rate records. Each owner or operator of a 
continuous process vent shall record the volumetric flow rate as 
measured using the sampling site and volumetric flow rate determination 
procedures (if applicable) specified in Sec. 63.1412(b) and (f) or 
determined through engineering assessment as specified in 
Sec. 63.1412(k).
    (3) Organic HAP concentration records. Each owner or operator shall 
record the organic HAP concentration as measured using the sampling 
site and organic HAP concentration determination procedures specified 
in Sec. 63.1412(b)and (e), or determined through engineering assessment 
as specified in Sec. 63.1412(k).
    (4) Process change records. Each owner or operator of a continuous 
process vent shall keep up-to-date, readily accessible records of any 
process changes that change the control applicability for a continuous 
process vent. Records are to include any recalculation or measurement 
of the flow rate, organic HAP concentration, and TRE index value.
    (g) Other records or documentation. (1) For continuous monitoring 
systems used to comply with this subpart, owners or operators shall 
keep records documenting the completion of calibration checks and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of an affected source granted a waiver 
under Sec. 63.10(f) shall maintain any information demonstrating 
whether an affected source is meeting the requirements for a waiver of 
recordkeeping or reporting requirements.
    (3) Owners or operators using the exemption from the equipment leak 
provisions provided by Sec. 63.1400(f) shall comply with either 
paragraph (g)(3)(i) or (ii) of this section.
    (i) The owner or operator shall retain information, data, and 
analysis used to document the basis for using the exemption provided by 
Sec. 63.1400(f). Such information, data, and analysis shall be retained 
for the 12-month period preceding December 14, 1998 and for each 12-
month period the affected source is in operation and using the 
exemption provided by Sec. 63.1400(f). The beginning of each 12-month 
period shall be the anniversary of December 14, 1998.
    (ii) When requested by the Administrator, the owner or operator 
shall demonstrate that actual annual production is equal to or less 
than 800 megagrams per year of amino/phenolic resin for the 12-month 
period preceding December 14, 1998, and for each 12-month period the 
affected source has been in operation and using the exemption provided 
by Sec. 63.1400(f). The beginning of each 12-month period shall be the 
anniversary of December 14, 1998.
    (4) The owner or operator of a heat exchange system located at an 
affected source shall retain the following records:
    (i) Monitoring data required by Sec. 63.1409 indicating a leak and 
the date when the leak was detected, and if demonstrated not to be a 
leak, the basis for that determination.
    (ii) Records of any leaks detected by procedures subject to 
Sec. 63.1409(c)(2) and the date the leak was detected.
    (iii) The dates of efforts to repair leaks.
    (iv) The method or procedure used to confirm repair of a leak and 
the date repair was confirmed.
    (h) Reduced recordkeeping program. For any parameter with respect 
to any item of equipment, the owner or operator may implement the 
recordkeeping requirements specified in paragraph (h)(1) or (2) of this 
section as alternatives to the provisions specified in this subpart for 
storage vessels,

[[Page 3319]]

continuous process vents, batch process vents, or aggregate batch vent 
streams. The owner or operator shall retain for a period of 5 years 
each record required by paragraph (h)(1) or (2) of this section.
    (1) The owner or operator may retain only the daily average, batch 
cycle daily average, or block average value, and is not required to 
retain more frequent values, for a parameter with respect to an item of 
equipment, if the requirements of paragraphs (h)(1)(i) through (vi) of 
this section are met. An owner or operator electing to comply with the 
requirements of paragraph (h)(1) of this section shall notify the 
Administrator in the Notification of Compliance Status Report required 
under Sec. 63.1417(e) or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of this paragraph as specified in 
Sec. 63.1417(f)(10).
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than start-ups, 
shutdowns, or malfunctions (e.g., a temperature reading of -200  deg.C 
on a boiler) and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day or block constitute a single 
occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the parameter 
values that have been obtained during that operating day or block, and 
the capability to observe this running average is readily available on-
site to the Administrator during the operating day. The owner or 
operator shall record the occurrence of any period meeting the criteria 
in paragraphs (h)(1)(ii)(A) through (C) of this section. All instances 
in an operating day or block constitute a single occurrence:
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
start-up, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than start-ups, shutdowns, or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience 
(e.g., pH in some scrubbers) and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in an operating day or block 
constitute a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that 
is being monitored.
    (v) The owner or operator shall verify the proper functioning of 
the monitoring system, including its ability to comply with the 
requirements of paragraphs (h)(1)(i) through (iv) of this section, at 
the times specified in paragraphs (h)(1)(v)(A) through (C). The owner 
or operator shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (D) of this section.
    (A) Identification of each parameter for each item of equipment for 
which the owner or operator has elected to comply with the requirements 
of paragraph (h)(1) of this section.
    (B) A description of the applicable monitoring system(s) and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (v) of this section. The description shall identify 
the location and format (e.g., on-line storage, log entries) for each 
required record. If the description changes, the owner or operator 
shall retain, as provided in paragraph (a) of this section, except as 
provided in paragraph (h)(1)(vi)(D) of this section, both the current 
and the most recent superseded description.
    (C) A description and the date of any change to the monitoring 
system that would reasonably be expected to impair its ability to 
comply with the requirements of paragraph (h) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system 
as long as the description is current. The current description shall, 
at all times, be retained on-site or be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The owner or operator shall retain all superseded 
descriptions for at least 5 years after the date of their creation. 
Superseded descriptions shall be retained on-site (or accessible from a 
central location by computer or other means that provides access within 
2 hours after a request) for at least 6 months after their creation. 
Thereafter, superseded descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a parameter with 
respect to an item of equipment and a period of 6 consecutive months 
has passed without any deviation as defined in paragraph (h)(2)(iv) of 
this section, the owner or operator is no longer required to record the 
daily average, batch cycle daily average, or block average value for 
any operating day when the daily average, batch cycle daily average, or 
block average value is less than the maximum or greater than the 
minimum established limit. With approval by the Administrator, 
monitoring data generated prior to the compliance date of this subpart 
shall be credited toward the period of 6 consecutive months if the 
parameter limit and the monitoring accomplished during the period prior 
to the compliance date were required and/or approved by the 
Administrator.
    (i) If the owner or operator elects not to retain the daily 
average, batch cycle daily average, or block average values, the owner 
or operator shall notify the Administrator in the next Periodic Report 
as specified in Sec. 63.1417(f)(11). The notification shall identify 
the parameter and unit of equipment.
    (ii) If, on any operating day or during any block after the owner 
or operator has ceased recording the daily average, batch cycle daily 
average, or block average values as provided in paragraph (h)(2) of 
this section, there is a deviation as defined in paragraph (h)(2)(iv) 
of this section, the owner or operator shall immediately resume 
retaining the daily average, batch cycle daily average, or block 
average value for each operating day and shall notify the Administrator 
in the next Periodic Report. The owner or operator shall continue to 
retain each daily average, batch cycle daily average, or block average 
value until another period of 6 consecutive months has passed without a 
deviation as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through (iv) of this section for the duration 
specified in paragraph (h) of this section. For any calendar week, if 
compliance with paragraphs (h)(1)(i) through (iv) of this section does 
not result in retention of a record of at least one occurrence or 
measured parameter value, the owner or operator shall

[[Page 3320]]

record and retain at least one value during a period of operation other 
than a start-up, shutdown, or malfunction.
    (iv) For purposes of paragraph (h)(2) of this section, a deviation 
means that the daily average, batch cycle daily average, or block 
average value of monitoring data for a parameter is greater than the 
maximum, or less than the minimum established value, except that the 
daily average, batch cycle daily average, or block average value during 
any start-up, shutdown, or malfunction shall not be considered a 
deviation for purposes of paragraph (h)(2) of this section, if the 
owner or operator follows the applicable provisions of the start-up, 
shutdown, and malfunction plan required by Sec. 63.6(e)(3).


Sec. 63.1417  Reporting requirements.

    (a) Reporting and notification. In addition to the reports and 
notifications required by subpart A of this part as specified in Table 
1 of this subpart, the owner or operator of an affected source shall 
prepare and submit the reports listed in paragraphs (d) through (i) of 
this section as applicable. All reports required by this subpart and 
the schedule for their submittal are listed in Table 5 of this subpart.
    (b) General. Owners and operators are required to meet the 
reporting requirements of this subpart unless they can demonstrate that 
failure to submit information required to be included in a specified 
report was due to the circumstances described in paragraphs (b)(1) 
through (3) of this section. Examples of circumstances where this 
paragraph may apply include information related to newly-added 
equipment or emission points, changes in the process, changes in 
equipment required or utilized for compliance with the requirements of 
this subpart, or changes in methods or equipment for monitoring, 
recordkeeping, or reporting.
    (1) The information was not known in time for inclusion in the 
report specified by this subpart.
    (2) The owner or operator has been diligent in obtaining the 
information.
    (3) The owner or operator submits a report according to the 
provisions of paragraphs (b)(3)(i) through (iii) of this section, as 
appropriate.
    (i) If this subpart expressly provides for supplements to the 
report in which the information is required, the owner or operator 
shall submit the information as a supplement to that report. The 
information shall be submitted no later than 60 days after it is 
obtained, unless otherwise specified in this subpart.
    (ii) If this subpart does not expressly provide for supplements, 
but the owner or operator must submit a request for revision of an 
operating permit pursuant to 40 CFR part 70 or part 71 due to 
circumstances to which the information pertains, the owner or operator 
shall submit the information with the request for revision to the 
operating permit.
    (iii) In any case not addressed by paragraph (b)(3)(i) or paragraph 
(b)(3)(ii) of this section, the owner or operator shall submit the 
information with the first Periodic Report, as required by this 
subpart, which has a submission deadline at least 60 days after the 
information is obtained.
    (c) Submittals. All reports required under this subpart shall be 
sent to the Administrator at the appropriate address listed in 
Sec. 63.13. If acceptable to both the Administrator and the owner or 
operator of an affected source, reports may be submitted on electronic 
media.
    (d) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring 
and recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate organic HAP emissions from a batch 
emissions episode as described in Sec. 63.1414(d)(6)(i)(C); wishing to 
establish parameter monitoring levels according to the procedures 
contained in Sec. 63.1413(a)(4)(ii); establishing parameter monitoring 
levels based on a design evaluation as specified in Sec. 63.1413(a)(3); 
following the procedures in Sec. 63.1413(e)(2); or requesting approval 
to incorporate a provision for ceasing to collect monitoring data 
during a start-up, shutdown, or malfunction into the startup, shutdown, 
and malfunction plan when that monitoring equipment would be damaged if 
it did not cease to collect monitoring data, as permitted under 
Sec. 63.1417(d)(9), shall submit a Precompliance Report according to 
the schedule described in paragraph (d)(1) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (d)(2) through (11) of this section, as appropriate.
    (1) The Precompliance Report shall be submitted to the 
Administrator no later than 12 months prior to the compliance date. 
Unless the Administrator objects to a request submitted in the 
Precompliance Report within 45 days after its receipt, the request 
shall be deemed approved. For new affected sources, the Precompliance 
Report shall be submitted to the Administrator with the application for 
approval of construction or reconstruction required by Sec. 63.5(d), as 
specified on Table 1 of this subpart. Supplements to the Precompliance 
Report may be submitted as specified in paragraph (d)(11) of this 
section.
    (2) A request for an extension for compliance, as specified in 
Sec. 63.1401(d), may be submitted in the Precompliance Report. The 
request for a compliance extension will include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1401(d)(1).
    (3) The alternative monitoring parameter information required in 
paragraph (j) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other 
than those for which monitoring parameters are specified in this 
subpart or seeks to comply by monitoring a different parameter than 
those specified in this subpart.
    (4) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (k) 
of this section, the owner or operator shall submit the information 
requested in paragraph (d)(4)(i) or (ii) of this section in the 
Precompliance Report:
    (i) The owner or operator shall submit notification of the intent 
to use the provisions specified in paragraph (k) of this section; or
    (ii) The owner or operator shall submit a request for approval to 
use alternative continuous monitoring and recordkeeping provisions as 
specified in paragraph (k) of this section.
    (5) The owner or operator shall report the intent to use 
alternative controls to comply with the provisions of this subpart in 
the Precompliance Report. The Administrator may deem the alternative 
controls to be equivalent to the controls required by the standard 
under the procedures outlined in Sec. 63.6(g).
    (6) If a request for approval to use engineering assessment to 
estimate organic HAP emissions from a batch emissions episode, as 
specified in Sec. 63.1414(d)(6)(i)(C), is being made, the information 
required by Sec. 63.1414(d)(6)(iii)(B) shall be submitted in the 
Precompliance Report.
    (7) If an owner or operator elects to establish parameter 
monitoring levels according to the procedures contained in 
Sec. 63.1413(a)(4)(ii), or will be establishing parameter monitoring 
levels based on a design evaluation as specified in Sec. 63.1413(a)(3), 
the following information shall be submitted in the Precompliance 
Report:
    (i) Identification of which procedures (i.e., Sec. 63.1413(a)(1)(i) 
or (ii)) are to be used; and
    (ii) A description of how the parameter monitoring level is to be

[[Page 3321]]

established. If the procedures in Sec. 63.1413(a)(4)(ii) are to be 
used, a description of how performance test data will be used shall be 
included.
    (8) If an owner or operator is complying with the mass emission 
limit specified in Sec. 63.1406(a)(1)(iii) or (a)(2)(iii), 
Sec. 63.1407(b)(2), or Sec. 63.1408(b)(2), the sample of production 
records specified in Sec. 63.1413(e)(2) shall be submitted in the 
Precompliance Report.
    (9) If the owner or operator is requesting approval to incorporate 
a provision for ceasing to collect monitoring data during a start-up, 
shutdown, or malfunction into the start-up, shutdown, and malfunction 
plan when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, the information specified in 
paragraphs (d)(9)(i) and (ii) of this section shall be supplied in the 
Precompliance Report or in a supplement to the Precompliance Report. 
The Administrator shall evaluate the supporting documentation and shall 
approve the request only if, in the Administrator's judgment, the 
specific monitoring equipment would be damaged by the contemporaneous 
start-up, shutdown, or malfunction.
    (i) Documentation supporting a claim that the monitoring equipment 
would be damaged by the contemporaneous start-up, shutdown, or 
malfunction.
    (ii) A request to incorporate such a provision for ceasing to 
collect monitoring data during a start-up, shutdown, or malfunction 
into the start-up, shutdown, and malfunction plan.
    (10) The procedure for a control device controlling less than 1 ton 
per year of uncontrolled organic HAP emissions shall be submitted, as 
specified in Sec. 63.1415(a)(2). Such a procedure shall meet the 
requirements specified in Sec. 63.1415(a)(2).
    (11) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (d)(11)(i) or (ii) of this section. Unless the 
Administrator objects to a request submitted in a supplement to the 
Precompliance Report within 45 days after its receipt, the request 
shall be deemed approved.
    (i) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (ii) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (j) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (k) of this 
section; to use alternative controls, as specified in paragraph (d)(5) 
of this section; to use engineering assessment to estimate organic HAP 
emissions from a batch emissions episode, as specified in paragraph 
(d)(6) of this section; to establish parameter monitoring levels 
according to the procedures contained in Sec. 63.1413(a)(4)(ii) or 
(a)(3), as specified in paragraph (d)(7) of this section; or to include 
a provision for ceasing to collect monitoring data during a start-up, 
shutdown, or malfunction in the start-up, shutdown, and malfunction 
plan when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, as specified in paragraph (d)(9) of 
this section.
    (e) Notification of Compliance Status. For existing and new 
affected sources, a Notification of Compliance Status shall be 
submitted within 150 days after the compliance dates specified in 
Sec. 63.1401. For equipment leaks, the Notification of Compliance 
Status shall contain the information specified in 40 CFR part 63, 
subpart UU. For storage vessels, continuous process vents, batch 
process vents, and aggregate batch vent streams, the Notification of 
Compliance Status shall contain the information listed in paragraphs 
(e)(1) through (6) of this section.
    (1) The results of any emission point applicability determinations, 
performance tests, design evaluations, inspections, continuous 
monitoring system performance evaluations, any other information used 
to demonstrate compliance, and any other information, as appropriate, 
required to be included in the Notification of Compliance Status under 
40 CFR part 63, subpart WW and subpart SS, as referred to in 
Sec. 63.1404 for storage vessels; under 40 CFR part 63, subpart SS, as 
referred to in Sec. 63.1405 for continuous process vents; under 
Sec. 63.1416(f)(1) through (3) for continuous process vents; under 
Sec. 63.1416(d)(1) for batch process vents; and under 
Sec. 63.1416(e)(1) for aggregate batch vent streams. In addition, each 
owner or operator shall comply with paragraphs (e)(1)(i) and (ii) of 
this section.
    (i) For performance tests, applicability determinations, and 
estimates of organic HAP emissions that are based on measurements, the 
Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(1)(ii) of this section, for each 
test method used for a particular kind of emission point. For 
additional tests performed for the same kind of emission point using 
the same method, the results and any other required information shall 
be submitted, but a complete test report is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and 
laboratory analyses, documentation of calculations, and any other 
information required by the test method.
    (2) For each monitored parameter for which a maximum or minimum 
level is required to be established, the Notification of Compliance 
Status shall contain the information specified in paragraphs (e)(2)(i) 
through (iv) of this section, unless this information has been 
established and provided in the operating permit.
    (i) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (ii) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level 
and a description of why the level indicates proper operation of the 
control device or control technology.
    (iii) The required information shall include a definition of the 
affected source's operating day, as specified in 
Sec. 63.1416(c)(2)(ii), for purposes of determining daily average 
values or batch cycle daily average values of monitored parameters. The 
required information shall include a definition of the affected 
source's block(s), as specified in Sec. 63.1416(c)(2)(ii), for purposes 
of determining block average values of monitored parameters.
    (iv) For batch process vents, the required information shall 
include a definition of each batch cycle that requires the control of 
one or more batch emission episodes during the cycle, as specified in 
Secs. 63.1413(e)(1)(iii) and 63.1416(c)(2)(ii).
    (3) When the determination of applicability for process units, as 
made following the procedures in Sec. 63.1400(g), indicates that a 
process unit is an APPU, an identification of the APPU and a statement 
indicating that the APPU is an APPU that produces more than one 
intended product at the same time, as specified in Sec. 63.1400(g)(1), 
or is a flexible operations process unit as specified in 
Sec. 63.1400(g)(2) through (4).
    (4) [Reserved]

[[Page 3322]]

    (5) The results for each predominant use determination for storage 
vessels belonging to an affected source subject to this subpart that is 
made under Sec. 63.1400(h)(6).
    (6) Notification that the owner or operator has elected to comply 
with Sec. 63.1416(h), Reduced Recordkeeping Program.
    (7) Notification that an affected source is exempt from the 
equipment leak provisions of Sec. 63.1410 according to the provisions 
of Sec. 63.1400(f), and the affected source's actual annual production 
of amino/phenolic resins for the 12-month period preceding December 14, 
1998.
    (8) An owner or operator with a combustion device, recovery device, 
or recapture device affected by the situation described in 
Sec. 63.1400(i)(5) shall identify which rule shall be complied with for 
monitoring, recordkeeping, and reporting requirements, as allowed under 
Sec. 63.1400(i)(5).
    (9) Data or other information used to demonstrate that an owner or 
operator may use engineering assessment to estimate emissions for a 
batch emission episode, as specified in Sec. 63.1413(d)(6)(iii)(A).
    (f) Periodic Reports. For existing and new affected sources, each 
owner or operator shall submit Periodic Reports as specified in 
paragraph (f)(1) of this section. In addition, for equipment leaks 
subject to Sec. 63.1410, the owner or operator shall submit the 
information specified in 40 CFR part 63, subpart UU, and for heat 
exchange systems subject to Sec. 63.1409, the owner or operator shall 
submit the information specified in Sec. 63.1409. Section 63.1415 shall 
govern the use of monitoring data to determine compliance for emissions 
points required to apply controls by the provisions of this subpart.
    (1) Except as specified in paragraph (f)(12) of this section, a 
report containing the information in paragraph (f)(2) of this section 
or containing the information in paragraphs (f)(3) through (11) of this 
section, as appropriate, shall be submitted semiannually no later than 
60 days after the end of each 180 day period. The first report shall be 
submitted no later than 240 days after the date the Notification of 
Compliance Status is due and shall cover the 6-month period beginning 
on the date the Notification of Compliance Status is due. Subsequent 
reports shall cover each preceding 6-month period.
    (2) If none of the compliance exceptions specified in paragraphs 
(f)(3) through (11) of this section occurred during the 6-month period, 
the Periodic Report required by paragraph (f)(1) of this section shall 
be a statement that the affected source was in compliance for the 
preceding 6-month period and no activities specified in paragraphs 
(f)(3) through (11) of this section occurred during the preceding 6-
month period.
    (3) For an owner or operator of an affected source complying with 
the provisions of Secs. 63.1404 through 63.1409 for any emission point, 
Periodic Reports shall include:
    (i) All information specified in 40 CFR part 63, subpart WW and 
subpart SS for storage vessels; 40 CFR part 63, subpart SS for 
continuous process vents; Sec. 63.1416(d)(3)(ii) for batch process 
vents; and Sec. 63.1416(e) for aggregate batch vent stream.
    (ii) The daily average values, batch cycle daily average values, or 
block average values of monitored parameters for deviations, as 
specified in Sec. 63.1413(h), of operating parameters. In addition, the 
periods and duration of periods when monitoring data were not collected 
shall be specified.
    (4) Notification if one or more emission point(s) or one or more 
APPU is added to an affected source. The owner or operator shall submit 
the following information:
    (i) A description of the addition to the affected source;
    (ii) Notification of applicability status (i.e., does the emission 
point require control) of the additional emission point, if 
appropriate, or notification of all emission points in the added APPU.
    (5) If there is a deviation from the mass emission limit specified 
in Sec. 63.1406(a)(1)(iii) or (a)(2)(iii), Sec. 63.1407(b)(2), or 
Sec. 63.1408(b)(2), the following information, as appropriate, shall be 
included:
    (i) The cumulative average monthly emission rate or the 12-month 
rolling average monthly emission rate, as appropriate.
    (ii) The individual monthly emission rate data points making up the 
cumulative average monthly emission rate or the 12-month rolling 
average monthly emission rate, as appropriate.
    (iii) If an owner or operator is demonstrating compliance using the 
procedures in Sec. 63.1413(e)(2)(ii), the monthly value of the site-
specific emission limit.
    (6) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (i) One complete test report shall be submitted for each test 
method used for a particular kind of emission point tested. A complete 
test report shall contain the information specified in paragraph 
(e)(1)(ii) of this section.
    (ii) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
shall be submitted, but a complete test report is not required.
    (7) The Periodic Report shall include the results for each change 
made to a primary product determination for amino/phenolic resins made 
under Sec. 63.1400(g).
    (8) The Periodic Report shall include the results for each change 
made to a predominant use determination for a storage vessel belonging 
to an affected source subject to this subpart that is made under 
Sec. 63.1400(h)(6).
    (9) If an owner or operator invokes the delay of repair provisions 
for a heat exchange system, the following information shall be 
submitted, as appropriate. If the leak remains unrepaired, the 
information shall also be submitted in each subsequent periodic report 
until repair of the leak is reported.
    (i) The presence of the leak and the date that the leak was 
detected.
    (ii) Whether or not the leak has been repaired. If the leak is 
repaired, the date the leak was successfully repaired. If the leak 
remains unrepaired, the expected date of repair.
    (iii) The reason(s) for delay of repair. If delay of repair is 
invoked due to the reasons described in Sec. 63.1409(e)(2), 
documentation of emissions estimates shall be included.
    (10) Notification that the owner or operator has elected to comply 
with Sec. 63.1416(h), Reduced Recordkeeping Program.
    (11) Notification that the owner or operator has elected to not 
retain the daily average, batch cycle daily average, or block average 
values, as appropriate, as specified in Sec. 63.1416(h)(2)(i).
    (12) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points as specified in 
paragraphs (f)(12)(i) through (iv) of this section.
    (i) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point if the 
Administrator requests the owner or operator to submit quarterly 
reports for the emission point.
    (ii) The quarterly reports shall include all information specified 
in paragraphs (f)(3) through (11) of this section applicable to the 
emission point for which quarterly reporting is required under 
paragraph (f)(12)(i) of this section. Information applicable to other 
emission points within the affected source shall be submitted in the 
semiannual reports required under paragraph (f)(1) of this section.

[[Page 3323]]

    (iii) Quarterly reports shall be submitted no later than 60 days 
after the end of each quarter.
    (iv) After quarterly reports have been submitted for an emission 
point for 1 year, the owner or operator may return to semiannual 
reporting for the emission point unless the Administrator requests the 
owner or operator to continue to submit quarterly reports.
    (g) Start-up, shutdown, and malfunction reports. For the purposes 
of this subpart, the semiannual start-up, shutdown, and malfunction 
reports shall be submitted on the same schedule as the Periodic Reports 
required under paragraph (f) of this section instead of being submitted 
on the schedule specified in Sec. 63.10(d)(5)(i). Said reports shall 
include the information specified in Sec. 63.1416(b)(1) and (2) and 
shall contain the name, title, and signature of the owner or operator 
or other responsible official who is certifying its accuracy.
    (h) Other reports. Other reports shall be submitted as specified in 
paragraphs (h)(1) through (7) of this section.
    (1) For storage vessels, the notifications of inspections required 
by 40 CFR part 63, subpart WW shall be submitted.
    (2) A site-specific test plan shall be submitted no later than 90 
days before the planned date for a performance test. Unless the 
Administrator requests changes to the site-specific test plan within 45 
days after its receipt, the site-specific test plan shall be deemed 
approved. The test plan shall include a description of the planned test 
and rationale for why the planned performance test will provide 
adequate and representative results for demonstrating the performance 
of the control device. If required by Sec. 63.1413(e)(1) or 
Sec. 63.1414(d)(5), the test plan shall include an emission profile and 
rationale for why the selected test period is representative.
    (3) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled in order to allow the Administrator the 
opportunity to have an observer present during the test. If after 30 
days notice for an initially scheduled performance test, there is delay 
(due to operational problems, etc.) in conducting the scheduled 
performance test, the owner or operator of an affected source shall 
notify the Administrator as soon as possible of any delay in the 
original test date, either by providing at least 7 days prior notice of 
the rescheduled date of the performance test, or by arranging a 
rescheduled date with the Administrator by mutual agreement.
    (4) When the conditions of Sec. 63.1400(g)(7) or the conditions of 
Sec. 63.1400(g)(8) are met, notification of changes to the primary 
product for an APPU or process unit shall be submitted. When a 
notification is made in response to a change in the primary product 
under Sec. 63.1400(g)(7), rationale for why it is anticipated that no 
amino/phenolic resins will be produced in the process unit in the 
future shall be included.
    (5) Owners or operators of APPU or emission points (other than 
equipment leak components subject to Sec. 63.1410) that are added to 
the affected source under the provisions of Sec. 63.1400(d)(2) or (3) 
or under the provisions of Sec. 63.5(b)(6) shall submit reports as 
specified in paragraphs (h)(5)(i) through (ii) of this section.
    (i) Reports shall include:
    (A) A description of the process change or addition, as 
appropriate;
    (B) The planned start-up date and the appropriate compliance date; 
and
    (C) Identification of the emission points (except equipment leak 
components subject to Sec. 63.1410) specified in paragraphs 
(h)(5)(i)(C)(1) through (3) of this section, as applicable.
    (1 All the emission points in an added APPU.
    (2) All the emission points in an affected source that becomes a 
new affected source.
    (3) All the added or created emission points resulting from a 
process change.
    (ii) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
organic HAP emissions from a batch emissions episode, or wishes to 
establish parameter monitoring levels according to the procedures 
contained in Sec. 63.1413(a)(1)(ii) or (ii), a Precompliance Report 
shall be submitted no later than 180 days prior to the appropriate 
compliance date.
    (6) The information specified in paragraphs (h)(6)(i) and (ii) of 
this section shall be submitted when a small control device becomes a 
large control device, as specified in Sec. 63.1413(a)(1)(ii).
    (i) Notification that a small control device has become a large 
control device and the site-specific test plan shall be submitted 
within 60 days of the date the small control device becomes a large 
control device. The site-specific test plan shall include the 
information specified in paragraph (h)(2) of this section. Approval of 
the site-specific test plan shall follow paragraph (h)(2) of this 
section.
    (ii) Results of the performance test required by 
Sec. 63.1413(a)(1)(ii) shall be submitted within 150 days of the date 
the small control device becomes a large control device.
    (7) Whenever a continuous process vent becomes subject to control 
requirements under 40 CFR part 63, subpart SS, as a result of a process 
change, the owner or operator shall submit a report within 60 days 
after the performance test or applicability assessment, whichever is 
sooner. The report may be submitted as part of the next Periodic Report 
required by paragraph (f) of this section.
    (i) The report shall include the following information:
    (A) A description of the process change;
    (B) The results of the recalculation of the organic HAP 
concentration, volumetric flow rate, and or TRE index value required 
under Sec. 63.1412 and recorded under Sec. 63.1416(f).
    (C) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.1405.
    (ii) If a performance test is required as a result of a process 
change, the owner or operator shall specify that the performance test 
has become necessary due to a process change. This specification shall 
be made in the performance test notification to the Administrator, as 
specified in paragraph (h)(3) of this section.
    (iii) If a process change does not result in additional applicable 
requirements, then the owner or operator shall include a statement 
documenting this in the next Periodic Report required by paragraph (f) 
of this section.
    (i) Operating permit application. An owner or operator who submits 
an operating permit application instead of a Precompliance Report shall 
submit the information specified in paragraph (d) of this section, 
Precompliance Report, as applicable.
    (j) Alternative monitoring parameters. The owner or operator who 
has been directed by any section of this subpart or any section of 
another subpart referenced by this subpart that expressly referenced 
this paragraph (j) to set unique monitoring parameters, or who requests 
approval to monitor a different parameter than those specified in 
Sec. 63.1415(b), shall submit the information specified in paragraphs 
(j)(1) through (3) of this section in the Precompliance Report, as 
required by paragraph (d) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery

[[Page 3324]]

device, control device, or control technology is operated in 
conformance with its design and achieves the specified emission limit 
or percent reduction and an explanation of the criteria used to select 
the parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will 
establish a level for the monitored parameter as part of the 
Notification of Compliance Status report required in paragraph (e) of 
this section, unless this information has already been included in the 
operating permit application.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(j)(3)(i) or (ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous; or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the 
maximum level or below the minimum level as established in the 
operating permit or the Notification of Compliance Status.
    (k) Alternative continuous monitoring. An owner or operator 
choosing not to implement the monitoring provisions specified in 
Sec. 63.1415 for storage vessels, continuous process vents, batch 
process vents, or aggregate batch vent streams may instead request 
approval to use alternative continuous monitoring provisions according 
to the procedures specified in paragraphs (k)(1) through (4) of this 
section. Requests shall be submitted in the Precompliance Report as 
specified in paragraph (d)(4) of this section if not already included 
in the operating permit application and shall contain the information 
specified in paragraphs (k)(2)(i) and (ii) of this section, as 
applicable.
    (1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review 
and approval of requests.
    (2) An owner or operator of an affected source that does not have 
an automated monitoring and recording system capable of measuring 
parameter values at least once every 15 minutes and that does not 
generate continuous records may request approval to use a nonautomated 
system with less frequent monitoring in accordance with paragraphs 
(k)(2)(i) and (ii) of this section.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently 
than once per hour. Daily average (or batch cycle daily average) values 
shall be calculated from these hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control or 
recovery device operating conditions, considering typical variability 
of the specific process and control or recovery device operating 
parameter being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values, in accordance with paragraphs 
(k)(3)(i) and (ii) of this section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Except for the monitoring of batch process vents, calculate 
hourly average values each hour during periods of operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average, batch cycle daily average, or block 
average values of the monitored operating parameter based on all 
measured data; and
    (F) If the daily average is not a deviation, as defined in 
Sec. 63.1413(h), from the operating parameter, the data for that 
operating day may be converted to hourly average values, and the four 
or more individual records for each hour in the operating day may be 
discarded.
    (ii) The request shall contain:
    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(k)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f)(4).


Sec. 63.1418  [Reserved]


Sec. 63.1419  Delegation of authority.

    (a) This regulation can be administered by the US EPA, or a 
delegated authority such as a State, local, or tribal agency. If the US 
EPA Administrator has delegated this regulation to a State, local, or 
tribal agency, then that agency has the authority to administer and 
enforce this regulation. To find out if this regulation is delegated to 
a State, local, or tribal agency, contact the appropriate EPA Regional 
Office.
    (b) In delegating implementation and enforcement authority of this 
regulation to a State, local, or tribal agency under section 40 CFR 
part 63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of US EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as follows.
    (1) Approval of alternatives to the non-opacity emission standards 
in Sec. 63.1403 through Sec. 63.1410; Sec. 63.1022 through 
Sec. 63.1034, Sec. 63.1062, Sec. 63.1063(a) and (b), and Sec. 63.1064 
under Sec. 63.6(h)(9).
    (2) Approval of major alternatives to test methods under 
Sec. 63.997 and Sec. 63.1414 as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.996 
and Sec. 63.1415 as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.998, Sec. 63.999, Sec. 63.1038, Sec. 63.1039, 
Sec. 63.1065, Sec. 63.1066, Sec. 63.1416, and Sec. 63.1417 as defined 
in Sec. 63.90 of this chapter.

[[Page 3325]]



     Table 1 to Subpart OOO of Part 63--Applicability of General Provisions to Subpart OOO Affected Sources
----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to subpart OOO                     Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes....................  Sec.  63.1402 specifies definitions in addition
                                                                 to or that supersede definitions in Sec.  63.2.
63.1(a)(2)...........................  Yes....................
63.1(a)(3)...........................  Yes....................  Sec.  63.1401(i) identifies those standards
                                                                 which overlap with the requirements of subpart
                                                                 OOO of this part and specify how compliance
                                                                 shall be achieved.
63.1(a)(4)...........................  Yes....................  Subpart OOO (this table) specifies the
                                                                 applicability of each paragraph in subpart A of
                                                                 this part.
63.1(a)(5)...........................  No.....................  [Reserved].
63.1(a)(6)-63.1(a)(8)................  Yes....................
63.1(a)(9)...........................  No.....................  [Reserved].
63.1(a)(10)..........................  Yes....................
63.1(a)(11)..........................  Yes....................
63.1(a)(12)-63.1(a)(14)..............  Yes....................
63.1(b)(1)...........................  No.....................
63.1(b)(2)...........................  Yes....................
63.1(b)(3)...........................  No.....................  Sec.  63.1400(e) provides documentation
                                                                 requirements for APPUs not considered affected
                                                                 sources.
63.1(c)(1)...........................  Yes....................  Subpart OOO (this table) specifies the
                                                                 applicability of each paragraph in subpart A of
                                                                 this part.
63.1(c)(2)...........................  No.....................  Area sources are not subject to this subpart.
63.1(c)(3)...........................  No.....................  [Reserved].
63.1(c)(4)...........................  Yes....................
63.1(c)(5)...........................  Yes....................  Except that affected sources are not required to
                                                                 submit notifications overridden by this table.
63.1(d)..............................  No.....................  [Reserved].
63.1(e)..............................  Yes....................
63.2.................................  Yes....................  Sec.  63.1402 specifies the definitions from
                                                                 subpart A of this part that apply to this
                                                                 subpart.
63.3.................................  Yes....................
63.4(a)(1)-63.4(a)(3)................  Yes....................
63.4(a)(4)...........................  No.....................  [Reserved].
63.4(a)(5)...........................  Yes....................
63.4(b)..............................  Yes....................
63.4(c)..............................  Yes....................
63.5(a)(1)...........................  Yes....................  Except the terms ``source'' and ``stationary
                                                                 source'' should be interpreted as having the
                                                                 same meaning as ``affected source.''
63.5(a)(2)...........................  Yes....................
63.5(b)(1)...........................  Yes....................  Except Sec.  63.1400(d) specifies when
                                                                 construction or reconstruction is subject to
                                                                 new source standards.
63.5(b)(2)...........................  No.....................  [Reserved].
63.5(b)(3)...........................  Yes....................
63.5(b)(4)...........................  Yes....................  Except that the Initial Notification and Sec.
                                                                 63.9(b) requirements do not apply.
63.5(b)(5)...........................  Yes....................
63.5(b)(6)...........................  Yes....................  Except that Sec.  63.1400(d) specifies when
                                                                 construction or reconstruction is subject to
                                                                 new source standards.
63.5(c)..............................  No.....................  [Reserved].
63.5(d)(1)(i)........................  Yes....................  Except that the references to the Initial
                                                                 Notification and Sec.  63.9(b)(5) do not apply.
63.5(d)(1)(ii).......................  Yes....................  Except that Sec.  63.5(d)(1)(ii)(H) does not
                                                                 apply.
63.5(d)(1)(iii)......................  No.....................  Sec.  63.1417(e) specifies Notification of
                                                                 Compliance Status requirements.
63.5(d)(2)...........................  No.....................
63.5(d)(3)...........................  Yes....................  Except Sec.  63.5(d)(3)(ii) does not apply, and
                                                                 equipment leaks subject to Sec.  63.1410 are
                                                                 exempt.
63.5(d)(4)...........................  Yes....................
63.5(e)..............................  Yes....................
63.5(f)(1)...........................  Yes....................
63.5(f)(2)...........................  Yes....................  Except that where Sec.  63.9(b)(2) is referred
                                                                 to, the owner or operator need not comply.
63.6(a)..............................  Yes....................
63.6(b)(1)...........................  Yes....................
63.6(b)(2)...........................  Yes....................
63.6(b)(3)...........................  Yes....................
63.6(b)(4)...........................  Yes....................
63.6(b)(5)...........................  Yes....................
63.6(b)(6)...........................  No.....................  [Reserved].
63.6(b)(7)...........................  No.....................
63.6(c)(1)...........................  Yes....................  Except that Sec.  63.1401 specifies the
                                                                 compliance date.
63.6(c)(2)...........................  No.....................
63.6(c)(3)...........................  No.....................  [Reserved].
63.6(c)(4)...........................  No.....................  [Reserved].

[[Page 3326]]

 
63.6(c)(5)...........................  Yes....................
63.6(d)..............................  No.....................  [Reserved].
63.6(e)..............................  Yes....................  Except as otherwise specified in this table,
                                                                 Sec.  63.6(e) does not apply to emission points
                                                                 that do not require control under this
                                                                 subpart.a
63.6(e)(1)(i)........................  No.....................  This is addressed by Sec.  63.1400(k)(4).
63.6(e)(1)(ii).......................  Yes....................
63.6(e)(1)(iii)......................  Yes....................
63.6(e)(2)...........................  Yes....................
63.6(e)(3)(i)........................  Yes....................  For equipment leaks (subject to Sec.  63.1410),
                                                                 the start-up, shutdown, and malfunction plan
                                                                 requirement of Sec.  63.6(e)(3)(i) is limited
                                                                 to control devices and is optional for other
                                                                 equipment. The start-up, shutdown, malfunction
                                                                 plan may include written procedures that
                                                                 identify conditions that justify a delay of
                                                                 repair.
63.6(e)(3)(i)(A).....................  No.....................  This is addressed by Sec.  63.1400(k)(4).
63.6(e)(3)(i)(B).....................  Yes....................
63.6(e)(3)(i)(C).....................  Yes....................
63.6(e)(3)(ii).......................  Yes....................
63.6(e)(3)(iii)......................  No.....................  Recordkeeping and reporting are specified in
                                                                 Secs.  63.1416 and 63.1417.
63.6(e)(3)(iv).......................  No.....................  Recordkeeping and reporting are specified in
                                                                 Secs.  63.1416 and 63.1417.
63.6(e)(3)(v)........................  Yes....................
63.6(e)(3)(vi).......................  Yes....................
63.6(e)(3)(vii)......................  Yes....................
63.6(e)(3)(vii) (A)..................  Yes....................
63.6(e)(3)(vii) (B)..................  Yes....................  Except the plan shall provide for operation in
                                                                 compliance with Sec.  63.1400(k)(4).
63.6(e)(3)(vii) (C)..................  Yes....................
63.6(e)(3)(viii).....................  Yes....................
63.6(f)(1)...........................  Yes....................
63.6(f)(2)...........................  Yes....................  Except Sec.  63.7(c), as referred to in Sec.
                                                                 63.6(f)(2)(iii)(D), does not apply, and except
                                                                 that Sec.  63.6(f)(2)(ii) does not apply to
                                                                 equipment leaks subject to Sec.  63.1410.
63.6(f)(3)...........................  Yes....................
63.6(g)..............................  Yes....................
63.6(h)..............................  No.....................  This subpart OOO does not require opacity and
                                                                 visible emission standards.
63.6(i)(1)...........................  Yes....................
63.6(i)(2)...........................  Yes....................
63.6(i)(3)...........................  Yes....................
63.6(i)(4)(i)(A).....................  Yes....................
63.6(i)(4)(i)(B).....................  No.....................  Dates are specified in Secs.  63.1401(e) and
                                                                 63.1417(d)(1).
63.6(i)(4)(ii).......................  No.....................
63.6(i)(5)-(14)......................  Yes....................
63.6(i)(15)..........................  No.....................  [Reserved].
63.6(i)(16)..........................  Yes....................
63.6(j)..............................  Yes....................
63.7(a)(1)...........................  Yes....................
63.7(a)(2)...........................  No.....................  Sec.  63.1417(e) specifies the submittal dates
                                                                 of performance test results for all emission
                                                                 points except equipment leaks; for equipment
                                                                 leaks, compliance demonstration results are
                                                                 reported in the Periodic Reports.
63.7(a)(3)...........................  Yes....................
63.7(b)..............................  No.....................  Sec.  63.1417 specifies notification
                                                                 requirements.
63.7(c)..............................  No.....................
63.7(d)..............................  Yes....................
63.7(e)(1)...........................  Yes....................  Except that all performance tests shall be
                                                                 conducted at maximum representative operating
                                                                 conditions achievable at the time without
                                                                 disruption of operations or damage to
                                                                 equipment.
63.7(e)(2)...........................  Yes....................
63.7(e)(3)...........................  No.....................  Subpart OOO specifies requirements.
63.7(e)(4)...........................  Yes....................
63.7(f)..............................  Yes....................  Except that if a site specific test plan is not
                                                                 required, the notification deadline in Sec.
                                                                 63.7(f)(2)(i) shall be 60 days prior to the
                                                                 performance test, and in Sec.  63.7(f)(3),
                                                                 approval or disapproval of the alternative test
                                                                 method shall not be tied to the site specific
                                                                 test plan.
63.7(g)..............................  Yes....................  Except that the requirements in Sec.  63.1417(e)
                                                                 shall apply instead of the references to the
                                                                 Notification of Compliance Status report in
                                                                 Sec.  63.9(h). In addition, equipment leaks
                                                                 subject to Sec.  63.1410 are not required to
                                                                 conduct performance tests.
63.7(h)..............................  Yes....................  Except Sec.  63.7(h)(4)(ii) may not be
                                                                 applicable, if the site-specific test plan in
                                                                 Sec.  63.7(c)(2) is not required.
63.8(a)(1)...........................  Yes....................
63.8(a)(2)...........................  No.....................

[[Page 3327]]

 
63.8(a)(3)...........................  No.....................  [Reserved].
63.8(a)(4)...........................  Yes....................
63.8(b)(1)...........................  Yes....................
63.8(b)(2)...........................  No.....................  Subpart OOO specifies locations to conduct
                                                                 monitoring.
63.8(b)(3)...........................  Yes....................
63.8(c)(1)...........................  Yes....................
63.8(c)(1)(i)........................  Yes....................
63.8(c)(1)(ii).......................  No.....................  For all emission points except equipment leaks,
                                                                 comply with Sec.  63.1416(b)(2); for equipment
                                                                 leaks, comply with requirements in 40 CFR part
                                                                 63, subpart UU.
63.8(c)(1)(iii)......................  Yes....................
63.8(c)(2)...........................  Yes....................
63.8(c)(3)...........................  Yes....................
63.8(c)(4)...........................  No.....................  Sec.  63.1415 specifies monitoring frequency;
                                                                 not applicable to equipment leaks because Sec.
                                                                 63.1410 does not require continuous monitoring
                                                                 systems.
63.8(c)(5)-63.8(c)(8)................  No.....................
63.8(d)..............................  No.....................
63.8(e)..............................  No.....................
63.8(f)(1)-63.8(f)(3)................  Yes....................
63.8(f)(4)(i)........................  No.....................  Timeframe for submitting request is specified in
                                                                 Sec.  63.1417 (j) or (k); not applicable to
                                                                 equipment leaks because Sec.  63.1410 (through
                                                                 reference to 40 CFR part 63, subpart UU)
                                                                 specifies acceptable alternative methods.
63.8(f)(4)(ii).......................  No.....................  Contents of request are specified in Sec.
                                                                 63.1417(j) or (k).
63.8(f)(4)(iii)......................  No.....................
63.8(f)(5)(i)........................  Yes....................
63.8(f)(5)(ii).......................  No.....................
63.8(f)(5)(iii)......................  Yes....................
63.8(f)(6)...........................  No.....................  Subpart OOO does not require continuous emission
                                                                 monitors.
63.8(g)..............................  No.....................  Data reduction procedures specified in Sec.
                                                                 63.1416(a) and (h); not applicable to equipment
                                                                 leaks.
63.9(a)..............................  Yes....................
63.9(b)..............................  No.....................  Subpart OOO does not require an initial
                                                                 notification.
63.9(c)..............................  Yes....................
63.9(d)..............................  Yes....................
63.9(e)..............................  No.....................  Sec.  63.1417 specifies notification deadlines.
63.9(f)..............................  No.....................  Subpart OOO does not require opacity and visible
                                                                 emission standards.
63.9(g)..............................  No.....................
63.9(h)..............................  No.....................  Sec.  63.1417(e) specifies Notification of
                                                                 Compliance Status requirements.
63.9(i)..............................  Yes....................
63.9(j)..............................  No.....................
63.10(a).............................  Yes....................
63.10(b)(1)..........................  No.....................  Sec.  63.1416(a) specifies record retention
                                                                 requirements.
63.10(b)(2)..........................  No.....................  Subpart OOO specifies recordkeeping
                                                                 requirements.
63.10(b)(3)..........................  No.....................  Sec.  63.1400(e) requires documentation of
                                                                 sources that are not affected sources.
63.10(c).............................  No.....................  Sec.  63.1416 specifies recordkeeping
                                                                 requirements.
63.10(d)(1)..........................  Yes....................
63.10(d)(2)..........................  No.....................  Sec.  63.1417 specifies performance test
                                                                 reporting requirements; not applicable to
                                                                 equipment leaks.
63.10(d)(3)..........................  No.....................  Subpart OOO does not require opacity and visible
                                                                 emission standards.
63.10(d)(4)..........................  Yes....................
63.10(d)(5)..........................  Yes....................  Except that reports required by Sec.
                                                                 63.10(d)(5)(i) may be submitted at the same
                                                                 time as Periodic Reports specified in Sec.
                                                                 63.1417(f). The start-up, shutdown, and
                                                                 malfunction plan, and any records or reports of
                                                                 start-up, shutdown, and malfunction do not
                                                                 apply to emission points that do not require
                                                                 control under this subpart.
63.10(e).............................  No.....................  Sec.  63.1417 specifies reporting requirements.
63.10(f).............................  Yes....................
63.11................................  Yes....................  Except that instead of Sec.  63.11(b), Sec.
                                                                 63.1413(g) shall apply.
63.12................................  Yes....................
63.13-63.15..........................  Yes ...................
----------------------------------------------------------------------------------------------------------------
a The plan and any records or reports of start-up, shutdown, and malfunction do not apply to emission points
  that do not require control under this subpart.


[[Page 3328]]


 Table 2 to Subpart OOO of Part 63--Known Organic Hazardous Air Pollutants (HAP) From the Manufacture of Amino/
                                                 Phenolic Resins
----------------------------------------------------------------------------------------------------------------
                                                                          Organic HAP subject to cooling tower
                                                                        monitoring requirements in Sec.  63.1409
                 Organic HAP                         CAS Number                         (Yes/No)
                                                                      ------------------------------------------
                                                                             Column A              Column B
----------------------------------------------------------------------------------------------------------------
Acrylamide...................................  79-06-1...............  No..................  No
Aniline......................................  62-53-3...............  Yes.................  No
Biphenyl.....................................  92-52-4...............  Yes.................  Yes
Cresol and cresylic acid (mixed).............  1319-77-3.............  Yes.................  No
Cresol and cresylic acid (m-)................  108-39-4..............  Yes.................  No
Cresol and cresylic acid (o-)................  95-48-7...............  Yes.................  No
Cresol and cresylic acid (p-)................  106-44-5..............  Yes.................  No
Diethanolamine...............................  111-42-2..............  No..................  No
Dimethylformamide............................  68-12-2...............  No..................  No
Ethylbenzene.................................  100-41-4..............  Yes.................  Yes
Ethylene glycol..............................  107-21-1..............  No..................  No
Formaldehyde.................................  50-00-0...............  Yes.................  No
Glycol ethers................................  0.....................  No..................  No
Methanol.....................................  67-56-1...............  Yes.................  Yes
Methyl ethyl ketone..........................  78-93-3...............  Yes.................  Yes
Methyl isobutyl ketone.......................  108-10-1..............  Yes.................  Yes
Naphthalene..................................  91-20-3...............  Yes.................  Yes
Phenol.......................................  108-95-2..............  Yes.................  No
Styrene......................................  100-42-5..............  Yes.................  Yes
Toluene......................................  108-88-3..............  No..................  Yes
Xylenes (NOS)................................  1330-20-7.............  Yes.................  Yes
Xylene (m-)..................................  108-38-3..............  Yes.................  Yes
Xylene (o-)..................................  95-47-6...............  Yes.................  Yes
Xylene (p-)..................................  106-42-3..............  Yes.................  Yes
----------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Registry Number.


    Table 3 to Subpart OOO of Part 63--Batch Process Vent Monitoring
                              Requirements
------------------------------------------------------------------------
                                                         Frequency/
       Control device           Parameters to be        recordkeeping
                                    monitored           requirements
------------------------------------------------------------------------
Scrubber a..................  pH of scrubber        Continuous records
                               effluent, and.        as specified in
                                                     Sec.  63.1416(d).b
                              Scrubber liquid and   Continuous records
                               gas flow rates.       as specified in
                                                     Sec.  63.1416(d).b
Absorber a..................  Exit temperature of   Continuous records
                               the absorbing         as specified in
                               liquid, and.          Sec.  63.1416(d).b
                              Exit specific         Continuous records
                               gravity for the       as specified in
                               absorbing liquid.     Sec.  63.1416(d).b
Condenser a.................  Exit (product side)   Continuous records
                               temperature.          as specified in
                                                     Sec.  63.1416(d). a
Carbon adsorber a...........  Total regeneration    Record the total
                               steam flow or         regeneration steam
                               nitrogen flow, or     flow or nitrogen
                               pressure (gauge or    flow, or pressure
                               absolute) during      for each carbon bed
                               carbon bed            regeneration cycle.
                               regeneration
                               cycle(s), and.
                              Temperature of the    Record the
                               carbon bed after      temperature of the
                               regeneration and      carbon bed after
                               within 15 minutes     each regeneration
                               of completing any     and within 15
                               cooling cycle(s).     minutes of
                                                     completing any
                                                     cooling cycle(s).
Thermal incinerator.........  Firebox temperature   Continuous records
                               c.                    as specified in
                                                     Sec.  63.1416(d).b
Catalytic incinerator.......  Temperature upstream  Continuous records
                               and downstream of     as specified in
                               the catalyst bed.     Sec.  63.1416(d).b
Boiler or process heater      Firebox temperature   Continuous records
 with a design heat input      c.                    as specified in
 capacity less than 44                               Sec.  63.1416(d).b
 megawatts and where the
 batch process vents or
 aggregate batch vent
 streams are not introduced
 with or used as the primary
 fuel.
Flare.......................  Presence of a flame   Hourly records of
                               at the pilot light.   whether the monitor
                                                     was continuously
                                                     operating during
                                                     batch emission
                                                     episodes, or
                                                     portions thereof,
                                                     selected for
                                                     control and whether
                                                     a flame was
                                                     continuously
                                                     present at the
                                                     pilot light during
                                                     said periods.

[[Page 3329]]

 
All control devices.........  Diversion to the      Hourly records of
                               atmosphere from the   whether the flow
                               control device or.    indicator was
                                                     operating during
                                                     batch emission
                                                     episodes, or
                                                     portions thereof,
                                                     selected for
                                                     control and whether
                                                     a diversion was
                                                     detected at any
                                                     time during said
                                                     periods as
                                                     specified in Sec.
                                                     63.1416(d).
                              Monthly inspections   Records that monthly
                               of sealed valves.     inspections were
                                                     performed as
                                                     specified in Sec.
                                                     63.1416(d).
Scrubber, absorber,           Concentration level   Continuous records
 condenser, and carbon         or reading            as specified in
 adsorber (as an alternative   indicated by an       Sec.  63.1416(d).b
 to the requirements           organic monitoring
 previously presented in       device at the
 this table).                  outlet of the
                               control device.
------------------------------------------------------------------------
a Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.
b ``Continuous records'' is defined in Sec.  63.111.
c Monitor may be installed in the firebox or in the ductwork immediately
  downstream of the firebox before any substantial heat exchange is
  encountered.


                          Table 4 to Subpart OOO of Part 63--Operating Parameter Levels
----------------------------------------------------------------------------------------------------------------
                                                                                    Established operating
                  Device                       Parameters to be monitored               parameter(s)
---------------------------------------------------------------------------------------------------------------
Scrubber.................................  pH of scrubber effluent; and       Minimum pH; and minimum liquid/
                                            scrubber liquid and gas flow       gas ratio.
                                            rates.
Absorber.................................  Exit temperature of the absorbing  Maximum temperature; and maximum
                                            liquid; and exit specific          specific gravity.
                                            gravity of the absorbing liquid.
Condenser................................  Exit temperature.................  Maximum temperature.............
Carbon absorber..........................  Total regeneration steam or        Maximum flow or pressure; and
                                            nitrogen flow, or pressure         maximum temperature.
                                            (gauge or absolute) a during
                                            carbon bed regeneration cycle;
                                            and temperature of the carbon
                                            bed after regeneration (and
                                            within 15 minutes of completing
                                            any cooling cycle(s)).
Thermal incinerator......................  Firebox temperature..............  Minimum temperature.............
Catalytic incinerator....................  Temperature upstream and           Minimum upstream temperature;
                                            downstream of the catalyst bed.    and minimum temperature
                                                                               difference across the catalyst
                                                                               bed.
Boiler or process heater.................  Firebox temperature..............  Minimum temperature.............
Other devices (or as an alternate to the   Organic HAP concentration level    Maximum organic HAP
 requirements previously presented in       or reading at outlet of device.    concentration or reading .
 this table) b.
----------------------------------------------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.
b Concentration is measured instead of an operating parameter.


                       Table 5 to Subpart OOO of Part 63--Reports Required by This Subpart
----------------------------------------------------------------------------------------------------------------
                                 Description of
          Reference                  report                    Due date
----------------------------------------------------------------------------------
Sec.  63.1400(j) and Subpart  Refer to Table 1 and  Refer to Subpart A of this
 A of this part.               Subpart A of this     part.
                               part.
63.1417(d)..................  Precompliance Report  Existing affected sources--12
                                                     months prior to the
                                                     compliance date. New affected
                                                     sources--with application for
                                                     approval of construction or
                                                     reconstruction.
63.1417(e)..................  Notification of       Within 150 days after the
                               Compliance Status.    compliance date.
63.1417(f)..................  Periodic Reports....  Semiannually, no later than 60
                                                     days after the end of each 6-
                                                     month period. See Sec.
                                                     63.1417(f)(1) for the due
                                                     date for the first report.
63.1417(f)(12)..............  Quarterly reports     No later than 60 days after
                               upon request of the   the end of each quarter.
                               administrator.
63.1417(g)..................  Start-up, shutdown,   Semiannually (same schedule as
                               and malfunction       Periodic reports).
                               reports.
63.1417(h)(1)...............  Notification of       As specified in 40 CFR part
                               storage vessel        63, subpart WW.
                               inspection.
63.1417(h)(2)...............  Site-specific test    90 days prior to planned date
                               plan.                 of test.
63.1417(h)(3)...............  Notification of       30 days prior to planned date
                               planned performance   of test.
                               test.
63.1417(h)(4)...............  Notification of       As specified in Sec.  63.1400
                               change in primary     (g)(7) or (g)(8).
                               product.
63.1417(h)(5)...............  Notification of       180 days prior to the
                               added emission        appropriate compliance date.
                               points.

[[Page 3330]]

 
63.1417(h)(6)...............  Notification that a   Within 60 days of the
                               small control         redesignation of control
                               device has been       device size.
                               redesignated as a
                               large control
                               device.
63.1417(h)(7)...............  Notification of       Within 60 days after
                               process change.       performance test or
                                                     applicability assessment,
                                                     whichever is sooner.
----------------------------------------------------------------------------------------------------------------
a Note that the APPU remains subject to this subpart until the notification under Sec.  63.1400(g)(7) is made.


   TABLE 6 to Subpart OOO of Part 63--Coefficients for Total Resource
                             Effectiveness a
------------------------------------------------------------------------
                                           Values of coefficients
       Control device basis       --------------------------------------
                                        A            B            C
------------------------------------------------------------------------
Flare............................  5.276 x 10-  9.98 x 10-2  2.096 x 10-
                                             1                         3
Thermal Incinerator 0 Percent      4.068 x 10-  1.71 x 10-2  8.664 x 10-
 Recovery........................            1                         3
Thermal Incinerator 70 Percent     6.868 x 10-  3.21 x 10-3  3.546 x 10-
 Recovery........................            1                        3
------------------------------------------------------------------------
a Use according to procedures outlined in this section.
MJ/scm = MegaJoules per standard cubic meter.
scm/min = Standard cubic meters per minute.

[FR Doc. 00-1 Filed 1-19-00; 8:45 am]
BILLING CODE 6560-50-P