[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Rules and Regulations]
[Pages 26491-26506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10418]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[AD-FRL-6585-5]
RIN 2060-AE86


National Emission Standards for Hazardous Air Pollutants for 
Polyether Polyols Production; Synthetic Organic Chemical Manufacturing 
Industry; Epoxy Resins Production and Non-Nylon Polyamides Production; 
and Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and final rule.

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SUMMARY: The EPA is taking direct final action to amend the national 
emission standards for hazardous air pollutants (NESHAP) for Polyether 
Polyols Production; Synthetic Organic Chemical Manufacturing Industry 
(also known as Hazardous Organic NESHAP, or HON); Epoxy Resins 
Production and Non-Nylon Polyamides Production; and Petroleum 
Refineries. For all four of these NESHAP, this direct final rule amends 
the definition of equipment leaks to add the term ``connectors'' to the 
list of equipment that is subject to the equipment leak provisions in 
those NESHAP.
    The remainder of this direct final rule corrects referencing errors 
and several equations which contained printing errors in the final 
NESHAP for Polyether Polyols Production (hereafter referred to as 
``subpart PPP''). This direct final rule amends the description of a 
process change and the description of excess emissions; the 
requirements pertaining to submission of a request for extension of a 
compliance date; the storage vessel monitoring requirements; the 
definition of the terms epoxide, polyether polyol, and Group 2 
wastewater stream; the conditions required during performance testing 
for batch process vents; which compounds are considered to be organic 
hazardous air pollutants (HAPs) for the purposes of both the 
maintenance wastewater and the process wastewater requirements; the 
information requirements for start-up, shutdown, and malfunction 
reports; the dates on which initial notifications are due; and the 
reporting requirements for other reports to clarify those requirements.
    In addition to the direct final rule, in compliance with the 
Paperwork Reduction Act (PRA), EPA is amending as a final rule the 
Office of Management and Budget (OMB) approval table to list the OMB 
control number issued under the PRA for information collection 
requirements for subpart PPP.

DATES: The amendments to 40 CFR part 9 are effective on May 8, 2000. 
The direct final rule amendments to 40 CFR part 63 are effective on 
July 7, 2000 without further notice, unless the EPA receives adverse 
comments by June 7, 2000, or by June 22, 2000 if a public hearing is 
requested. See the proposed rule in this issue of the Federal Register 
for information on the hearing. If we receive such comments, and those 
comments apply to an amendment, paragraph, or section of this rule, and 
that provision may be addressed separately from the remainder of the 
rule, we will withdraw only those provisions on which we received 
adverse comments. We will publish a timely withdrawal in the Federal 
Register indicating which provisions will become effective on July 7, 
2000 and which provisions are being withdrawn.

ADDRESSES: Comments. Written comments should be submitted (in 
duplicate, if possible) to: Air and Radiation Docket and Information

[[Page 26492]]

Center (6102), Attention Docket numbers A-90-20, A-92-37, A-93-48, and/
or A-96-38 (see docket section below), Room M-1500, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. The EPA 
requests that a separate copy also be sent to the contact person listed 
below. Docket. Docket numbers A-90-20 and (the HON); A-92-37 (Epoxy 
Resins Production and Non-Nylon Polyamides Production); A-93-48 
(Petroleum Refineries); and A-96-38 (Polyether Polyols Production) 
contain supporting information used in developing the standards. The 
dockets are located at the U.S. Environmental Protection Agency, 401 M 
Street SW, Washington, DC 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.

FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Rosensteel, Organic 
Chemicals Group, Emission Standards Division (MD-13), Office of Air 
Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 
27711, telephone number (919) 541-5608, electronic mail address: 
[email protected].

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 the case of judicial review. (See section 307(d)(7)(A) of the 
Clean Air Act (CAA).) An index for each docket, as well as individual 
items contained within the dockets, may be obtained by calling (202) 
260-7548 or (202) 260-7549. A reasonable fee may be charged for copying 
docket materials. Docket indexes are also available by facsimile, as 
described on the Office of Air and Radiation, Docket and Information 
Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html. 
Comments. Comments and data may be submitted by electronic mail (e-
mail) to: [email protected]. Electronic comments must be submitted 
as an ASCII file to avoid the use of special characters and encryption 
problems and will also be accepted on disks in WordPerfect 
version 5.1, 6.1 or Corel 8 file format. All comments and data 
submitted in electronic form must note the docket numbers A-90-20, A-
92-37, A-93-48, and/or A-96-38. No confidential business information 
(CBI) should be submitted by e-mail. Electronic comments may be filed 
online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: Ms. Melva Toomer, U.S. 
EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, Room 
944, Durham, NC 27711. The EPA will disclose information identified as 
CBI only to the extent allowed by the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies a submission when it 
is received by the EPA, the information may be made available to the 
public without further notice to the commenter. World Wide Web. In 
addition to being available in the docket, an electronic copy of this 
action is also available through the World Wide Web (WWW). Following 
signature, a copy of this action will be posted on the EPA's Technology 
Transfer Network (TTN) policy and guidance page for newly proposed or 
promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN at EPA's web 
site 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.

Regulated Entities

    Categories and entities potentially affected by this action 
include:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Standard Industrial  Classification    North American Industrial Classification     Examples of regulated
                Category                                 (SIC) codes                          System (NAICS) codes                     entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry................................  2865 and 2869...........................  325110, 325188, 325192, 325193, 325199,   Synthetic organic chemical
                                                                                     and 325120.                               manufacturing industry
                                                                                                                               (SOCMI) units
                                                                                                                               (e.g.,producers of
                                                                                                                               benzene, toluene, or any
                                                                                                                               other chemical listed in
                                                                                                                               table 1 of 40 CFR part
                                                                                                                               63, subpart F).
Industry................................  2821....................................  325211..................................  Epoxy resins and non-nylon
                                                                                                                               polyamide resins.
Industry................................  2911....................................  324110..................................  Petroleum refineries.
Industry................................  2843 and 2869...........................  325199 and 325613.......................  Producers of polyether
                                                                                                                               polyols and polyether
                                                                                                                               monools.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the revisions to the 
regulations affected by these rules. To determine whether your facility 
is regulated by these rules, you should carefully examine all of the 
applicability criteria in 40 CFR part 63, subparts F, W, CC, and PPP. 
If you have any questions regarding the applicability of these 
amendments to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this direct final rule is available by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by September 5, 2000. Under section 307(b)(2) of the CAA, the 
requirements that are the subject of this direct final rule may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    Also under section 307(b)(1) of the CAA, judicial review of the 
final rule amendment to part 9 in this action is available by filing a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by July 7, 2000. Under section 307(b)(2) of the CAA, 
the requirements that are the subject of this final rule may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.

[[Page 26493]]

I. Why Are We Publishing These Amendments as a Direct Final Rule?

    In the direct final rule portion of this action, we are correcting 
printing and referencing errors. We are also revising and slightly 
reorganizing certain paragraphs, and we are making minor amendments to 
certain definitions. These changes provide clarification on a variety 
of provisions ranging from applicability to recordkeeping. In all 
instances, we believe that these changes have the potential to reduce 
the burden on both owners and operators of affected sources and on the 
State or local agency implementing the rule, although we are unable to 
quantify reductions in hours for these amendments. For these reasons, 
we view these amendments as noncontroversial and anticipate no adverse 
comments, and we are publishing these amendments in a direct final 
rule.
    If an adverse comment applies to an amendment, paragraph, or 
section of this direct final rule, and that provision may be addressed 
separately from the remainder of the rule, we will withdraw only those 
provisions on which we received adverse comments. In the ``Proposed 
Rules'' section of this Federal Register, we are publishing a separate 
document that will serve as the proposal for any provisions in this 
direct final rule on which we receive adverse comments. The EPA will 
publish a timely withdrawal in the Federal Register indicating which 
provisions will become effective and which provisions are being 
withdrawn. If part or all of this direct final rule is withdrawn, all 
public comments received will be addressed in a subsequent final rule 
based on the proposal in the ``Proposed Rules'' section of this Federal 
Register. We will not institute a second comment period on the 
subsequent final rule. Any parties interested in commenting must do so 
at this time. The nature of the changes contained in this direct final 
rule are such that it will benefit both industry and the States for 
these changes to become effective sooner, rather than later, as will be 
described in more detail below.

II. What Amendments Are We Making To Reflect OMB Approval of the 
Information Collection Request (ICR) for the NESHAP for Polyether 
Polyols Production?

    This final rule amends the table of currently approved Information 
Collection Request (ICR) control numbers issued by OMB. This final rule 
updates the table to list those information requirements promulgated 
under the NESHAP for Polyether Polyols Production, which appeared in 
the Federal Register on June 1, 1999 (64 FR 29420). The affected 
regulations are codified at 40 CFR part 63, subpart PPP. We will 
continue to present OMB control numbers in a consolidated table format 
to be codified in 40 CFR part 9 of the Agency's regulations and in each 
CFR volume containing EPA regulations. The table lists the section 
numbers with reporting and recordkeeping requirements and the current 
OMB control numbers. This listing of the OMB control numbers and their 
subsequent codification in the CFR satisfy the requirements of the 
Paperwork Reduction Act and OMB's implementing regulations at 5 CFR 
part 1320. The ICR itself was subject to public notice and comment 
prior to OMB's approval of the ICR. Further, because amendment of the 
table in part 9 is technical in nature, we believe that another notice 
and comment period for this amendment is unnecessary. For these 
reasons, we believe that there is good cause under the Administrative 
Procedure Act (5 U.S.C. Sec. 553(b) to amend this table without prior 
notice and comment.

III. What Amendments Are We Making to the Equipment Leak Definition 
That Affect Subparts F, W, CC, and PPP?

    In these rules, we are amending the definition of equipment leak in 
subparts F, W, CC, and PPP of 40 CFR part 63. In each of these NESHAP, 
the definition of equipment leak listed several sources from which 
emissions of organic HAP constitute a leak. However, ``connectors'' are 
not included in the list of sources of emissions that are included in 
the definition of the term equipment leak in any of those NESHAP.
    Affected sources subject to any of those four subparts are required 
to comply with the NESHAP for equipment leaks (40 CFR part 63, subpart 
H). In subpart H, Sec. 63.169 contains standards for pumps, valves, 
connectors, and agitators in heavy liquid service; instrumentation 
systems; and pressure relief devices in liquid service. Section 63.174 
(of 40 CFR part 63, subpart H) contains standards for connectors in 
gas/vapor service and in light liquid service. The fact that there are 
specific provisions in subpart H applicable to connectors clearly 
demonstrates that we always intended emissions from connectors to be 
considered equipment leaks. In addition, the definition of equipment in 
Sec. 63.161 of subpart H includes connectors, providing further 
evidence that the definition of equipment leak should include 
connectors. Therefore, we are amending the definition of equipment leak 
in subparts F, W, CC, and PPP by adding the term ``a connector'' to the 
list of equipment in each of those definitions.

IV. What Amendments Are We Making to Subpart PPP?

    Although this action amends portions of four separate subparts of 
40 CFR part 63 (i.e., subparts F, W, CC, and PPP), the primary focus of 
the amendments in this action is subpart PPP, which was promulgated on 
June 1, 1999 (64 FR 29420). This direct final rule contains amendments 
and technical corrections to the requirements in subpart PPP.
    Several equations in the promulgated version of subpart PPP were 
printed incorrectly. This direct final rule amends the erroneous 
symbols in equations numbered 1, 2, 4, 5, 7, 10, and 13, to produce the 
originally intended equations.
    This direct final rule also corrects references in several sections 
of subpart PPP. References are being corrected in this direct final 
rule in the following paragraphs: Sec. 63.1422(b); 
Sec. 63.1426(d)(3)(ii); Sec. 63.1428(g)(3)(i); Sec. 63.1430(e)(1)(vi) 
and (vii); Sec. 63.1432(h) and (l); Sec. 63.1433(a)(5), (7), and (8); 
Sec. 63.1435(c); Sec. 63.1439(e)(5)(iv) and (e)(7)(ii), and in the 
definition of Group 2 wastewater stream.
    Two terms which are used in subpart PPP but were not defined in the 
final rule were added to the list in Sec. 63.1423(a) that incorporates 
the definitions from other subparts. Specifically, oil-water separator 
or organic-water separator and responsible official were added to the 
list and their definitions in subparts G and A, respectively, were 
referenced.
    In addition, the June 1, 1999 final rule contained references to 40 
CFR part 63, subpart I in both Secs. 63.1422(h) and 63.1434(c). This 
was an error because subpart I does not apply to polyether polyols 
producers. Therefore, both Secs. 63.1422(h) and 63.1434(c) are removed 
and reserved in this direct final rule.
    The provisions in Sec. 63.1420(g) specify how changes or additions 
to plant sites impact whether an affected source is a new affected 
source or an existing affected source. Paragraph (g)(2) in Sec. 63.1420 
addresses adding emission points or making process changes to an 
existing affected source. The provisions in Sec. 63.1420(g)(2)(i) 
specify that a process change or addition to an existing affected 
source that meets the definition of reconstruction and that occurred 
after September 4, 1997 causes

[[Page 26494]]

the entire affected source to become a new affected source. After 
promulgation of subpart PPP, we realized that these provisions were not 
consistent with our reconstruction policy for 40 CFR part 63 standards, 
which is contained in the general provisions for part 63 (40 CFR part 
63, subpart A). The general provisions clearly distinguish between 
``replacements'' and ``additions.'' The definition of reconstruction in 
the general provisions only addresses the ``replacement'' of equipment, 
while Sec. 63.5(b)(6) of the general provisions addresses additions. At 
promulgation, these two concepts were combined in the language for 
Sec. 63.1420(g)(2)(i), creating confusion and making the subpart PPP 
requirements inconsistent with the our general policy on 
``replacements'' and ``additions.'' Therefore, in this direct final 
rule we are revising the provisions in Sec. 63.1420(g)(2) to clearly 
distinguish how the replacement of components should be handled by 
owners and operators, and how the addition of new components should be 
handled, with respect to applicability to the new or existing source 
requirements. In summary, if the replacement of components at an 
existing affected source meets the definition of reconstruction, then 
the affected source becomes a new affected source. If an addition is 
made to an existing affected source, then the addition becomes part of 
the existing affected source.
    Paragraph (g)(3) in Sec. 63.1420 describes how to distinguish a 
process change from a change that is not considered to be a ``process 
change,'' according to the 40 CFR part 63, subpart PPP requirements. We 
are amending Sec. 63.1420(g)(3) by removing the last phrase (which 
referred to the equipment configuration and operating conditions 
documented in the notification of compliance status report required by 
Sec. 63.1439(e)(5)), because not all equipment configurations and 
operating conditions are required to be reported in the notification of 
compliance status report. The phrase that was removed implied that 
unless a configuration or condition was described in the notification 
of compliance status report, equipment in that configuration or 
condition would automatically be considered to be a ``process change.'' 
It was not our intent that every possible equipment configuration or 
condition be described in the notification of compliance status report. 
In addition, the phrase ``changes that are not within the equipment 
configuration'' was replaced with the phrase ``changes that do not 
alter the equipment configuration,'' for reasons similar to those 
described above.
    Paragraph (h) in Sec. 63.1420 addresses the applicability of 
subpart PPP during periods of start-up, shutdown, malfunction, or 
nonoperation. Paragraph (h)(1) in Sec. 63.1420 specifies that the 
emission limitations in subpart PPP do not apply during these periods. 
However, paragraphs Sec. 63.1420(h)(3) and (4) contain requirements 
specific to periods of start-up, shutdown, and malfunction. Therefore, 
paragraph Sec. 63.1420(h)(1) in the direct final rule has been amended 
to indicate that the emission limitations in the subpart do not apply 
during periods of start-up, shutdown, or malfunction, except as 
provided in Sec. 63.1420(h)(3) and (4).
    Also, Sec. 63.1420(h)(4) requires that you must prevent or minimize 
excess emissions during periods of start-up, shutdown, and malfunction, 
and provides a description of what constitutes ``excess emissions.'' In 
these direct final amendments, we are changing this description from 
``emissions in excess of those that would have occurred if there were 
no start-up, shutdown, or malfunction,'' to ``emissions greater than 
those allowed by the emission limitation which would apply during 
operational periods other than start-up, shutdown, and malfunction.'' 
We are making this change because we believe that the new wording is 
more consistent with our original intent, which was that owners or 
operators take steps to minimize emissions during start-up, shutdown, 
and malfunction. Further, we believe the revision in this direct final 
rule is clearer and more specific than the promulgated language.
    Paragraph (e) of Sec. 63.1422 includes the provisions for 
requesting a compliance extension. In the promulgated rule, this 
paragraph stated that a request for compliance must be submitted no 
later than 120 days prior to the compliance dates specified in 
paragraphs (b) through (d) of Sec. 63.1422. However, there are 
compliance dates specified in other paragraphs of subpart PPP. For 
instance, Sec. 63.1420(g)(2)(i) of this direct final requires that new 
emission points comply with the existing source requirements by 120 
days after the day of initial start-up. We intended that the compliance 
extension provisions in Sec. 63.1422(e) apply to these other compliance 
dates, as well as to the compliance dates in Sec. 63.1420(b) through 
(d). Therefore, this direct final rule adds a phrase to make it clear 
that you can request a compliance extension for compliance dates that 
are specified in sections of subpart PPP other than Sec. 63.1420(b) 
through (d).
    The promulgated definition of epoxide in subpart PPP includes a 
description of what an epoxide is (i.e., a chemical compound consisting 
of a three-membered cyclic ether). The definition also states that only 
emissions of ethylene oxide and propylene oxide are regulated under 
subpart PPP. After promulgation of subpart PPP, we became aware of 
another epoxide, ``epichlorohydrin,'' that is used to make polyether 
polyols. Under the promulgated definition of epoxide, emissions of 
epichlorohydrin would be exempt from control. This is inconsistent with 
section 112(b), (c), and (d) of the CAA. Therefore, we have added 
epichlorohydrin to Table 4 (Known Organic HAP from Polyether Polyols 
Products) and have amended the definition of epoxide to include 
epichlorohydrin in the list of epoxides that are subject to the 
provisions of subpart PPP.
    In the promulgated NESHAP, the definition of polyether polyol 
excludes hydroxyethyl cellulose. At the time of promulgation of subpart 
PPP, we intended that this product, which meets the basic criteria of a 
polyether polyol, would be covered by the Miscellaneous Cellulose 
NESHAP, which we are currently developing. However, in the development 
of the Miscellaneous Cellulose NESHAP, we have become aware of other 
cellulose ether products that meet the definition of polyether polyol. 
Therefore, in this direct final rule we have revised the definition of 
polyether polyol to exclude the entire family of cellulose ethers, not 
just hydroxyethyl cellulose.
    The promulgated version of subpart PPP requires compliance with the 
HON requirements for storage vessels, with the exceptions listed in 
Sec. 63.1432. Section 63.1432 requires that records of all times when 
the storage tank is being filled be kept, in addition to the records 
required in Sec. 63.123 of the HON. In this direct final rule, we are 
making clarifications to the rule at Sec. 63.1432(q). Our intent was 
that the requirement to keep records of times when the storage vessel 
is being filled should only apply to storage vessels using a 
combustion, recovery, or recapture device, where the applicable 
monitoring plan does not specify continuous monitoring. The amended 
language in Sec. 63.1432(q) should make this distinction clear.
    For the purposes of both the maintenance wastewater and the process 
wastewater requirements in subpart PPP, we are amending 
Sec. 63.1433(a)(1) and (2) and (b)(1), in order to clarify which 
compounds are considered ``organic HAP.'' The language in 
Sec. 63.1433(a)(1) is

[[Page 26495]]

inadequate, while the language in Sec. 63.1433(a)(2) and 
Sec. 63.1433(b)(1) is unnecessarily complicated and difficult to 
interpret. The amendments in this direct final rule should make those 
requirements much easier to follow.
    This direct final rule also clarifies the conditions required 
during performance testing for process vents from batch unit 
operations. Section 63.1426, paragraph (c)(3)(i)(B), which contains 
requirements specific to process vents from batch unit operations, 
states that performance testing may be conducted during either absolute 
worst-case conditions or hypothetical worst-case conditions. However, 
Sec. 63.1437(a)(1) which contains general performance testing 
requirements for all emission sources, lists only absolute worst-case 
conditions as an option for performance testing at process vents from 
batch unit operations. This direct final rule corrects 
Sec. 63.1437(a)(1) by revising that paragraph to state that performance 
testing at both absolute and hypothetical worst-case conditions is 
acceptable for process vents from batch unit operations.
    Additionally, this direct final rule amends the information 
requirements associated with start-up, shutdown, and malfunction 
reports in Sec. 63.1439(b)(1)(ii). The promulgated NESHAP requires the 
start-up, shutdown, and malfunction report to include all of the 
information recorded under Sec. 63.1439(b)(1)(i)(A) through (B), and to 
contain the name, title, and signature of the owner or operator, or 
other responsible official certifying the report's accuracy. However, 
this is a good deal more information than is required to be specified 
in the general provisions in Sec. 63.10(d)(5)(i). We have decided that 
as long as the information recorded under Sec. 63.1439(b)(1)(i)(A) 
through (B) is recorded, that information need not be submitted to the 
Administrator. Therefore, this direct final rule references the start-
up, shutdown, and malfunction reporting requirements in 
Sec. 63.10(d)(5)(i) and no longer includes such a long list of 
information to report under Sec. 63.1439(b)(1)(ii).
    This direct final rule also removes the requirement that existing 
sources submit an Initial Notification report. The promulgated rule 
lists two separate due dates in different sections of the rule for the 
Initial Notification report. Section 63.1439, paragraph (e)(3)(ii)(A), 
states that the due date for the Initial Notification report for 
existing sources is June 1, 2000, but Table 8 shows the date as 120 
days after June 1, 1999. Neither of those two dates is appropriate, in 
that the first date is too soon after promulgation of subpart PPP, 
while the other date is too late, since it was after the due date of 
the Notification of Compliance Status report for equipment leaks (April 
29, 2000, or 150 days after the December 1, 1999 compliance date). To 
be useful, the Administrator (or the delegated authorities) needs to 
receive the Initial Notification report with sufficient time to prepare 
for receipt of the Notification of Compliance Status reports. Since 
this direct final rule will not take effect until after the date that 
the Notification of Compliance Status report for equipment leaks is due 
for existing sources, we do not believe that the submittal of an 
Initial Notification report is beneficial. Therefore, we have removed 
all requirements related to the Initial Notification report for 
existing sources. The specific changes are to Sec. 63.1439(e)(3) and 
Table 8 of subpart PPP.
    This direct final rule also inserts some introductory language 
pertinent to the other reports that are due in Sec. 63.1439(e)(7) and 
reorganizes and renumbers the subsections of that paragraph. We are 
amending Table 1 of subpart PPP to clarify that although 
Sec. 63.10(d)(5)(i) from the general provisions applies to subpart PPP 
affected sources, Sec. 63.10(d)(5)(ii) (which requires immediate start-
up, shutdown, or malfunction reports) does not.

V. What Are the Administrative Requirements for These Rules?

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 OMB review 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, 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 these amendments are not a ``significant regulatory 
action'' because they do not meet any of the above criteria. 
Consequently, these rules were not submitted to OMB for review under 
Executive Order 12866.

B. 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 
section 6 of 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 
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 
regulation.
    This direct final rule does not have federalism implications. It 
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 Executive Order 13132 do not apply to this 
direct final rule.

C. Executive Order 13084

    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

[[Page 26496]]

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.'' These rules 
do not significantly or uniquely affect the communities of Indian 
tribal governments. No tribal governments own or operate an affected 
source. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to these rules.

D. Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that the EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the 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 Order has the 
potential to influence the regulation. These rules fall into that 
category only in part: the minimum rule stringency for subpart PPP is 
set according to a congressionally-mandated, technology-based lower 
limit called the ``floor,'' while a decision to increase the stringency 
beyond this floor can be based on risk considerations. Thus, Executive 
Order 13045 applies to these rules only to the extent that the Agency 
may consider the inherent toxicity of a regulated pollutant, and any 
differential impact such a pollutant may have on children's health, in 
deciding whether to adopt control requirements more stringent than the 
floor level in subpart PPP.
    These rules are not subject to Executive Order 13045 because they 
are not economically significant as defined in Executive Order 12866. 
No children's risk analysis was performed for these rules because no 
alternative technologies exist that would provide greater stringency at 
a reasonable cost. Therefore, the results of any such analysis would 
have no impact on the stringency decision.

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, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or 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 the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-
effective, or least-burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least-costly, most cost-
effective, or least-burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that these rules do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or in the 
private sector in any 1 year. Thus, today's rules are not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, the 
EPA has determined that these rules contain no regulatory requirements 
that might significantly or uniquely affect small governments, because 
they contain no requirements that apply to such governments or impose 
obligations on them. Therefore, today's rules are not subject to the 
requirements of section 203 of the UMRA.

F. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 USC 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of this direct final on small 
entities, small entity is defined as : (1) A small business that has 
less than 750 employees and is unaffiliated with a larger domestic 
entity; (2) a small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of these rules on small 
entities, we have concluded that these actions will not have a 
significant economic impact on a substantial number of small entities. 
Consistent with Small Business Administrative (SBA) size standards, a 
polyether polyols production facility is classified as a small entity 
if it has less than 750 employees and is unaffiliated with a larger 
domestic entity. On that basis, 7 of the 36 polyether polyol production 
facilities are classified as small entities (i.e., having fewer than 
750 employees). The EPA determined that none of these seven small 
entities will experience an increase in costs that is greater than one 
percent of revenues, as a result of these rules. This does not qualify 
as a significant economic impact on a substantial number of small 
businesses.

G. Paperwork Reduction Act

    The information collection requirements in the final rule were 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been

[[Page 26497]]

prepared by EPA (ICR No. 1811.01), but, at promulgation, that ICR had 
not yet been approved by OMB. However, since promulgation the OMB has 
approved the ICR, and this final rule amends the table of currently 
approved ICR control numbers issued by OMB and updates the table to 
accurately display those information requirements not previously 
approved. The information collection requirements that are made 
effective by this action under OMB control number 2060-0415 were 
contained in ICR number 1811.01.
    Today's final rule will have no impact on the information 
collection burden estimates made previously. The direct final 
amendments clarify the intent of the subpart PPP and correct 
inadvertent omissions and minor drafting errors. Consequently, the ICR 
has not been revised.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. 104-113, (15 U.S.C. 272 note), directs all 
Federal agencies to use voluntary consensus standards instead of 
government-unique standards in their regulatory activities unless to do 
so would be inconsistent with applicable law or would be otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., material specifications, test method, sampling and analytical 
procedures, business practices, etc.) that are developed or adopted by 
one or more voluntary consensus standards bodies. Examples of 
organizations generally regarded as voluntary consensus standards 
bodies include the American Society for Testing and Materials (ASTM), 
the National Fire Protection Association (NFPA), and the Society of 
Automotive Engineers (SAE). The NTTAA requires Federal agencies like 
EPA to provide Congress, through OMB, with explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    During the rulemaking, the Agency searched for voluntary consensus 
standards that might be applicable. The search has identified no 
applicable voluntary standards. Accordingly, the NTTAA requirement to 
use applicable voluntary consensus standards does not apply to these 
rules.

I. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. Sec. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. Sec. 804(2). This rule will be effective July 7, 2000.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements, Administrative 
practice and procedure, Air pollution control.

    Dated: April 20, 2000.
Carol M. Browner,
Administrator,

    For the reasons set out in the preamble, parts 9 and 63 of title 
40, chapter I of the Code of Federal Regulations are amended as 
follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


    2. Section 9.1 is amended by adding a new entry to the table in 
numerical order to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                           OMB  control
                     40 CFR citation                            no.
------------------------------------------------------------------------
 
                  *        *        *        *        *
------------------------------------------------------------------------
   National Emission Standards for Hazardous Air Pollutants for Source
                             Categories \3\
------------------------------------------------------------------------
 
                  *        *        *        *        *
63.1420-63.1439.........................................      2060-0415
------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the table encompass the
  applicable general provisions contained in 40 CFR part 63, subpart A,
  which are not independent information collection requirements.

* * * * *

PART 63--[AMENDED]

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

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

Subpart F--[AMENDED]

* * * * *

    4. Section 63.101 is amended by revising the definition of 
equipment leak, to read as follows:


Sec. 63.101  Definitions.

* * * * *
    Equipment leak means emissions of organic hazardous air pollutants 
from a connector, pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve or line, valve, surge 
control vessel, bottoms receiver, or instrumentation system in organic 
hazardous air pollutant service as defined in Sec. 63.161.
* * * * *

Subpart W--[AMENDED]

    5. Section 63.522 is amended by revising the definition of 
equipment leaks, to read as follows:


Sec. 63.522  Definitions.

* * * * *
    Equipment leaks means emissions of hazardous air pollutants from a 
connector, pump, compressor, agitator, pressure relief device, sampling 
connection system, open-ended valve or line, or instrumentation system 
in organic hazardous air pollutant service.
* * * * *

Subpart CC--[AMENDED]

    6. Section 63.641 is amended by revising the definition of 
equipment leak, to read as follows:


Sec. 63.641  Definitions.

* * * * *

[[Page 26498]]

    Equipment leak means emissions of organic hazardous air pollutants 
from a connector, pump, compressor, pressure relief device, sampling 
connection system, open-ended valve or line, valve, or instrumentation 
system in organic hazardous air pollutant service as defined in this 
section. Vents from wastewater collection and conveyance systems 
(including, but not limited to wastewater drains, sewer vents, and sump 
drains), tank mixers, and sample valves on storage tanks are not 
equipment leaks.
* * * * *

Subpart PPP--[AMENDED]

* * * * *

    7. Section 63.1420 is amended by:
    a. Revising paragraph (e)(3) introductory text;
    b. Revising paragraph (e)(9);
    c. Revising paragraph (g)(1)(i) introductory text;
    d. Revising paragraph (g)(2) introductory text;
    e. Revising paragraph (g)(2)(i) introductory text;
    f. Revising paragraph (g)(2)(i)(A);
    g. Revising paragraph (g)(2)(ii);
    h. Adding paragraph (g)(2)(iii);
    i. Revising paragraph (g)(3);
    j. Revising paragraph (g)(4);
    k. Revising paragraph (h)(1); and
    l. Revising paragraph (h)(4).
    The revisions and additions read as follows:


Sec. 63.1420  Applicability and designation of affected sources.

* * * * *
    (e) * * *
    (3) Annual applicability determination for non-PMPUs that have 
produced a polyether polyol. Once per year beginning June 1, 2004, the 
owner or operator of each flexible operation unit that is not 
designated as a PMPU, but that has produced a polyether polyol 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 
the evaluation described in paragraphs (e)(3)(i) through (iii) of this 
section. However, an owner or operator that does not intend to produce 
any elastomer product in the future, in accordance with paragraph 
(e)(9) of this section, is not required to perform the evaluation 
described in paragraphs (e)(3)(i) through (iii) of this section.
* * * * *
    (9) PMPUs terminating production of all polyether polyols. If a 
PMPU terminates the production of all polyether polyols, and the owner 
or operator does not anticipate the production of any polyether polyols 
in the future in that PMPU, the process unit is no longer a PMPU and is 
not subject to this subpart after notification is made to the 
Administrator. This notification shall be accompanied by a rationale 
for why it is anticipated that no polyether polyols will be produced in 
the process unit in the future.
* * * * *
    (g) * * *
    (1) * * *
    (i) If a group of one or more PMPUs is added to a plant site, the 
added group of one or more PMPUs and their associated equipment, as 
listed in paragraph (a)(4) of this section, shall be a new affected 
source and shall comply with the requirements for a new affected source 
in this subpart upon initial start-up or by June 1, 1999, whichever is 
later, if the added group of one or more PMPUs meets the criteria 
specified in paragraph (g)(1)(i)(A) of this section and either meets 
the criteria in paragraph (g)(1)(i)(B) or (C) of this section.
* * * * *
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (g)(2)(i), (ii), and 
(iii) of this section apply to the owner or operator that adds emission 
points or makes process changes to an existing affected source.
    (i) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of 
this section are met, the entire affected source shall be a new 
affected source and shall comply with the requirements for a new 
affected source upon initial start-up or by June 1, 1999, whichever is 
later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec. 63.1423(b). For purposes of determining whether 
the fixed capital cost of the new components exceeds 50 percent of the 
fixed capital cost that would be required to construct an entire 
affected source, the equivalent capital cost shall be the entire 
potentially affected source; and
* * * * *
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of 
this section are not met and that replacement of components creates one 
or more emission points (i.e., either newly created Group 1 emission 
points or emission points that change from Group 2 to Group 1) or 
causes any other emission point to be added (i.e., Group 2 emission 
points, heat exchange systems subject to Sec. 63.1435, or equipment 
leak components subject Sec. 63.1434), the resulting emission point(s) 
shall be subject to the applicable requirements for an existing 
affected source. The resulting emission point(s) shall be in compliance 
upon initial start-up or by the appropriate compliance date specified 
in Sec. 63.1422 (i.e., December 1, 1999 for most equipment leak 
components subject to Sec. 63.1434, and June 1, 2002 for emission 
points other than equipment leaks), whichever is later.
    (iii) If an addition or process change (not including a process 
change that solely replaces components) is made that creates one or 
more Group 1 emission points (i.e., either newly created Group 1 
emission points or emission points that change group status from Group 
2 to Group 1) or causes any other emission point to be added (i.e., 
Group 2 emission points, heat exchange systems subject to Sec. 63.1435, 
or equipment leak components subject to Sec. 63.1434), the resulting 
emission point(s) shall be subject to the applicable requirements for 
an existing affected source. The resulting emission point(s) shall be 
in compliance by initial start-up or by the appropriate compliance date 
specified in Sec. 63.1422 (i.e., December 1, 1999 for most equipment 
leak components subject to Sec. 63.1434, and June 1, 2002 for emission 
points other than equipment leaks), whichever is later.
    (3) Determining what are and are not process changes. For purposes 
of paragraph (g) of this section, examples of process changes include, 
but are not limited to, additions in process equipment resulting in 
changes in production capacity; production of a product outside the 
scope of the compliance demonstration; or whenever there is a 
replacement, removal, or addition of recovery equipment. For purposes 
of paragraph (g) of this section, process changes do not include: 
process upsets, unintentional temporary process changes, and changes 
that do not alter the equipment configuration and operating conditions.
    (4) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. An owner or operator that 
changes or adds to their plant site or affected source, as discussed in 
paragraphs (g)(1) and (g)(2) of this section, shall submit a report as 
specified in Sec. 63.1439(e)(7)(iii).
    (h) * * *
    (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 nonoperation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to

[[Page 26499]]

which this subpart applies. These emission limitations shall not apply 
during periods of start-up, shutdown, or malfunction, except as 
provided in paragraphs (h)(3) and (4) of this section. 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 nonoperation 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 nonoperation. 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 the storage tank provisions in Sec. 63.1432. Similarly, 
the degassing of a storage vessel would not affect the ability of a 
process vent to meet the emission limitations for process vents in 
Secs. 63.1425 through 63.1430.
* * * * *
    (4) During start-ups, shutdowns, and malfunctions when the emission 
limitations of this subpart do not apply pursuant to paragraphs (h)(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 greater than those allowed by 
the emissions limitation which would apply during operational periods 
other than start-up, shutdown, and malfunction. 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. Use of back-up control techniques is 
not required, but is allowed, if available.
* * * * *

    8. Section 63.1422 is amended by revising paragraph (b), by 
revising paragraph (e) introductory text, and removing and reserving 
paragraph (h) as follows:


Sec. 63.1422  Compliance dates and relationship of this rule to 
existing applicable rules.

* * * * *
    (b) New affected sources that commence construction or 
reconstruction after September 4, 1997 shall be in compliance with this 
subpart upon initial start-up or by June 1, 1999, whichever is later.
* * * * *
    (e) Pursuant to section 112(i)(3)(B) of the 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. Requests for extensions shall be 
submitted no later than 120 days prior to the compliance dates 
specified in paragraphs (b) through (d) of this section, or as 
specified elsewhere in this subpart. The dates specified in 
Sec. 63.6(i) for submittal of requests for extensions shall not apply 
to this subpart.
* * * * *
    (h) [Reserved]

    9. Section 63.1423 is amended by adding in alphabetical order the 
terms oil-water separator or organic-water separator and responsible 
official in paragraph (a) and by revising the definitions of epoxide, 
equipment leak, Group 2 wastewater stream, and polyether polyol in 
paragraph (b) as follows:


Sec. 63.1423  Definitions.

    (a) * * *

Oil-water separator or organic-water separator (subpart G)
* * * * *
Responsible official (subpart A)
* * * * *
    (b) * * *
    Epoxide means a chemical compound consisting of a three-membered 
cyclic ether. Only emissions of epoxides listed in Table 4 of this 
subpart (i.e., ethylene oxide, propylene oxide, and epichlorohydrin) 
are regulated by the provisions of this subpart.
    Equipment leak means emissions of organic HAP from a connector, 
pump, compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, surge control vessel, bottoms 
receiver, or instrumentation system in organic HAP service.
* * * * *
    Group 2 wastewater stream means any process wastewater stream at an 
existing affected source or new affected source that does not meet the 
definition (in this section) of a Group 1 wastewater stream.
* * * * *
    Polyether polyol means a compound formed through the polymerization 
of EO or PO or other cyclic ethers with compounds having one or more 
reactive hydrogens (i.e., a hydrogen atom bonded to nitrogen, oxygen, 
phosphorus, sulfur, etc.) to form polyethers (i.e., compounds with two 
or more ether bonds). This definition of polyether polyol excludes 
cellulose ethers (such as methyl cellulose, carboxymethyl cellulose, 
hydroxyethyl cellulose, hydroxy ethyl cellulose, and hydroxypropyl 
methyl cellulose) and materials regulated under 40 CFR part 63, 
subparts F, G, and H (the HON), such as glycols and glycol ethers.
* * * * *

    10. Section 63.1426 is amended by:
    a. Revising Equation 1 (in paragraph (c)(3)(i)(B)(3)(i));
    b. Revising Equation 2 (in paragraph (c)(3)(ii)(A));
    c. Revising Equations 4 and 5 (in paragraph (c)(5)(ii)(A));
    d. Revising paragraph (d)(3)(ii); and
    e. Revising Equation 7 in paragraph (e)(1).
    The revisions read as follows:


Sec. 63.1426  Process vent requirements for determining organic HAP 
concentration, control efficiency, and HAP emission reduction for a 
PMPU.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (B) * * *
    (3) * * *
    (i) * * *
    [GRAPHIC] [TIFF OMITTED] TR08MY00.002
    

[[Page 26500]]


* * * * *
    (ii) * * *
    (A) * * *
    [GRAPHIC] [TIFF OMITTED] TR08MY00.003
    
* * * * *
    (5) * * *
    (ii) * * *
    (A) * * *
    [GRAPHIC] [TIFF OMITTED] TR08MY00.004
    
* * * * *
    (d) * * *
    [GRAPHIC] [TIFF OMITTED] TR08MY00.005
    
    (2) * * *
    [GRAPHIC] [TIFF OMITTED] TR08MY00.006
    
    (3) * * *
    (ii) The owner or operator shall determine the hourly uncontrolled 
organic HAP emissions from each process vent from a continuous unit 
operation in accordance with paragraph (c)(5)(ii) of this section, 
except that the emission rate shall be determined at the location 
specified in paragraph (d)(3)(i) of this section.
* * * * *

    11. Section 63.1427 is amended:
    a. By revising paragraph (e)(1) and Equation 10;
    b. By revising Equation 13 in paragraph (h);
    c. By revising paragraph (j)(2)(iii); and
    d. By removing and reserving paragraph (j)(2)(iv).
    The revisions read as follows:


Sec. 63.1427  Process vent requirements for processes using extended 
cookout as an epoxide emission reduction technique.

* * * * *
    (e) * * *
    (1) The owner or operator shall determine the percent epoxide 
emission reduction for the batch cycle using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR08MY00.007

Where:

Rbatchcycle = Epoxide emission reduction for the batch 
cycle, percent.
Ee,E = Epoxide emissions at the end of the ECO determined in 
accordance with paragraph (d)(1) of this section, kilograms.
Raddon,i = Control efficiency of combustion, recovery, or 
recapture device that is used to control epoxide emissions after the 
ECO, determined in accordance with the provisions of Sec. 63.1426(c), 
percent.
Ee,o = Epoxide emissions that occur before the end of the 
ECO, determined in accordance with the provisions of Sec. 63.1426(d), 
kilograms.
Raddon,j = Control efficiency of combustion, recovery, or 
recapture device that is used to control epoxide emissions that occur 
before the end of the ECO, determined in accordance with the provisions 
of Sec. 63.1426(c), percent.
Ee,u = Uncontrolled epoxide emissions determined in 
accordance with paragraph (c)(1) of this section, kilograms.
* * * * *
    (h) * * *
    [GRAPHIC] [TIFF OMITTED] TR08MY00.008
    
Where:

Phalf1 = Half the total pressure of the epoxide for product 
1.
Time (Phalf1) = Time when the pressure has fallen to half 
its total pressure for product 1.
Phalf2 = Half the total pressure of the epoxide for product 
2.
Time (Phalf2) = Time when the pressure has fallen to half 
its total pressure for product 2.
TAVG = The average time to cookout to the point where the 
epoxide pressure is 25 percent of the epoxide pressure at the end of 
the feed step for products 1 and 2.
* * * * *
    (j) * * *
    (2) * * *
    (iii) If a combustion, recovery, or recapture device is used to 
reduce emission in conjunction with ECO, the owner or operator shall 
record the information specified in Sec. 63.1430(d) and comply with the 
monitoring provisions in Sec. 63.1429.
* * * * *

    12. Section 63.1428 is amended by revising paragraph (g)(3)(i) as 
follows:

[[Page 26501]]

Sec. 63.1428  Process vent requirements for group determination of 
PMPUs using a nonepoxide organic HAP to make or modify the product.

* * * * *
    (g) * * *
    (3) * * *
    (i) If the redetermination described in paragraph (g)(2) of this 
section indicates that the group status of the combination of process 
vents from batch unit operations in a PMPU that are associated with the 
use of nonepoxide organic HAP to make or modify the product changes 
from Group 2 to Group 1 as a result of the process change, the owner or 
operator shall submit a report as specified in 
Sec. 63.1439(e)(6)(iii)(D)(1) and shall comply with Group 1 combination 
of batch process vents provisions in this subpart, as specified in 
Sec. 63.1425(c)(1).
* * * * *
    13. Section 63.1430 is amended by revising paragraphs (e)(1)(vi) 
and (vii) as follows:


Sec. 63.1430  Process vent reporting and recordkeeping requirements.

* * * * *
    (e) * * *
    (1) * * *
    (vi) If the combination of all process vents from batch unit 
operations associated with the use of an organic HAP to make or modify 
the product is subject to the Group 1 batch process vent control 
requirements for nonepoxide HAP emissions from making or modifying the 
product in Sec. 63.1425((c)(1), none of the records in paragraphs 
(e)(1)(i) through (v) of this section are required.
    (vii) If the total annual emissions from the combination of process 
vents from batch unit operations associated with the use of an organic 
HAP to make or modify the product are less than 11,800 kg per year, 
only the records in paragraphs (e)(1)(i) and (ii) of this section are 
required.
* * * * *

    14. Section 63.1432 is amended by revising paragraphs (h), (l), and 
(q) as follows:


Sec. 63.1432  Storage vessel provisions.

* * * * *
    (h) When the HON storage vessel requirements in 
Secs. 63.120(d)(3)(i), 63.120(d)(5), and 63.122(g)(2) use the term 
``range,'' the term ``level'' shall apply instead for the purposes of 
this subpart.
* * * * *
    (l) When the HON Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.120 and 63.122, the Periodic 
Report requirements contained in Sec. 63.1439(e)(6) shall apply for the 
purposes of this subpart.
* * * * *
    (q) In addition to the records required by Sec. 63.123, the owner 
or operator of each storage vessel that is complying with 
Sec. 63.119(e) and that has an applicable monitoring plan in accordance 
with Sec. 63.120(d)(2) that does not specify continuous monitoring, 
shall maintain records of all times when the storage tank is being 
filled (i.e., when the liquid level in the storage vessel is being 
raised). These records shall consist of documentation of the time when 
each filling period begins and ends.

    15. Section 63.1433 is amended by:
    a. Revising paragraph (a)(1);
    b. Revising paragraph (a)(2);
    c. Revising paragraph (a)(5);
    d. Revising paragraph (a)(7);
    e. Revising paragraph (a)(8); and
    f. Revising paragraph (b)(1).
    The revisions and additions read as follows:


Sec. 63.1433  Wastewater provisions.

    (a) * * *
    (1) Owners and operators of affected sources are not required to 
comply with the HON new source wastewater requirements in 
Sec. 63.132(b)(1) and Sec. 63.132(d) for the purposes of this subpart. 
Owners or operators of all new affected sources, as defined in this 
subpart, shall comply with the HON requirements for existing sources in 
Secs. 63.132 through 63.149, with the exceptions noted in paragraphs 
(a)(2) through (20) of this section.
    (2) The provisions of paragraphs (a)(2)(i), (ii), and (a)(10)(iii) 
of this section clarify the organic HAP that an owner or operator shall 
consider when complying with the requirements of Secs. 63.132 through 
63.149.
    (i) Owners and operators are exempt from all requirements in 
Secs. 63.132 through 63.149 that pertain solely and exclusively to 
organic HAP listed on Table 8 of 40 CFR part 63, subpart G.
    (ii) When the HON requirements in Secs. 63.132 through 63.149 refer 
to Table 9 compounds, the owner or operator is only required to 
consider compounds that meet the definition of organic HAP in 
Sec. 63.1423 and that are listed in Table 9 of 40 CFR part 63, subpart 
G, for the purposes of this subpart.
    (iii) When Secs. 63.132 through 63.149 refer to compounds in Table 
36 of 40 CFR part 63, subpart G, or compounds in List 1 or List 2 of 
Table 36 of 40 CFR part 63, subpart G, the owner or operator is only 
required to consider compounds that meet the definition of organic HAP 
in Sec. 63.1423 and that are listed on Table 36 of 40 CFR part 63, 
subpart G, for the purposes of this subpart.
* * * * *
    (5) When the HON process wastewater reporting requirements in 
Sec. 63.146(a) require the submission of a request for approval to 
monitor alternative parameters according to the procedures specified in 
Sec. 63.151(f) or (g), the owner or operator requesting to monitor 
alternative parameters shall follow the procedures specified in 
Sec. 63.1439(f) for the purposes of this subpart.
* * * * *
    (7) When Secs. 63.132 through 63.149 refer to an ``existing 
source,'' the term existing affected source, as defined in 
Sec. 63.1420(a)(2), shall apply for the purposes of this subpart.
    (8) When the HON requirements in Secs. 63.132 through 63.149 refer 
to a ``new source,'' the term new affected source, as defined in 
Sec. 63.1420(a)(3), shall apply for the purposes of this subpart.
* * * * *
    (b) * * *
    (1) When the HON maintenance wastewater provisions in 
Sec. 63.105(a) refer to ``organic HAPs listed in Table 9 of subpart G 
of this part,'' the owner or operator is only required to consider 
compounds that meet the definition of organic HAP in Sec. 63.1423 and 
that are listed in Table 9 of 40 CFR part 63, subpart G, for the 
purposes of this subpart.
* * * * *

    16. Section 63.1434 is amended by removing and reserving paragraph 
(c).

    17. Section 63.1435 is amended by revising paragraph (c) as 
follows:


Sec. 63.1435  Heat exchanger provisions.

* * * * *
    (c) When the HON heat exchange system requirements in 
Sec. 63.104(c)(3) specify the monitoring plan retention requirements, 
and when Sec. 63.104(f)(1) refers to the record retention requirements 
in Sec. 63.103(c)(1), the provisions of the general recordkeeping and 
reporting requirements in Sec. 63.1439(a) and the applicable provisions 
of the General Provisions in 40 CFR part 63, subpart A, as specified in 
Table 1 of this subpart, shall apply for the purposes of this subpart.
* * * * *

    18. Section 63.1437 is amended by revising paragraph (a)(1) 
introductory text as follows:


Sec. 63.1437  Additional requirements for performance testing.

    (a) * * *

[[Page 26502]]

    (1) Performance tests shall be conducted according to the general 
provisions' performance testing requirements in Sec. 63.7(e)(1) and 
(2), except that for all emission sources except process vents from 
batch unit operations, performance tests shall be conducted during 
maximum representative operating conditions for the process achievable 
during one of the time periods described in paragraph (a)(1)(i) of this 
section, without causing any of the situations described in paragraph 
(a)(1)(ii) or (iii) of this section to occur. For process vents from 
batch unit operations, performance tests shall be conducted either at 
absolute worst-case conditions or hypothetical worst-case conditions, 
as defined in Sec. 63.1426(c)(3)(i)(B), that are achievable during one 
of the time periods described in paragraph (a)(1)(i) of this section, 
without causing any of the situations described in paragraph (a)(1)(ii) 
or (iii) of this section to occur.
* * * * *

    19. Section 63.1439 is amended by:
    a. Revising paragraph (b)(1)(ii);
    b. Revising paragraph (e)(3) introductory text;
    c. Removing and reserving paragraph (e)(3)(ii)(A);

    d. Revising paragraph (e)(5)(iv); and
    e. Revising paragraph (e)(7).
    The revisions read as follows:


Sec. 63.1439  General recordkeeping and reporting provisions.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Reports of start-up, shutdown, and malfunction. 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 (e)(6) of this section 
instead of according to the general provisions' Periodic Reporting 
schedule specified in Sec. 63.10(d)(5)(i). The reports shall include 
the information specified in Sec. 63.10(d)(5)(i).
* * * * *
    (e) * * *
    (3) Initial Notification. The owner or operator of a new affected 
source shall submit a written Initial Notification to the Administrator 
containing the information described in paragraph (e)(3)(i) of this 
section according to the schedule in paragraph (e)(3)(ii) of this 
section. The General Provisions' Initial Notification requirements in 
Sec. 63.9(b)(2), (3), and (6) shall not apply for the purposes of this 
subpart.
* * * * *
    (5) * *  *
    (iv) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in 
Sec. 63.1420(e)(5)(ii)(A).
* * * * *
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (iii) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec. 63.1432 shall be submitted, as specified in the HON storage 
vessel provisions in Sec. 63.122(h)(1) and (2).
    (ii) When the conditions at Sec. 63.1420(e)(3)(iii), (e)(9), or 
(e)(10) are met, reports of changes to the primary product for a PMPU 
or process unit, as required by Sec. 63.1420(e)(3)(iii), (e)(9), or 
(e)(10)(iii), respectively, shall be submitted.
    (iii) Owners or operators of PMPU or emission points (other than 
equipment leak components subject to Sec. 63.1434) that are subject to 
provisions for changes or additions to plant sites in 
Sec. 63.1420(g)(1) or (2) shall submit a report as specified in 
paragraphs (e)(7)(iii)(A) and (B) of this section.
    (A) Reports shall include:
    (1) A description of the process change or addition, as 
appropriate;
    (2) The planned start-up date and the appropriate compliance date, 
according to Sec. 63.1420(g)(1) or (2); and
    (3) Identification of the group status of emission points (except 
equipment leak components subject to the requirements in Sec. 63.1434) 
specified in paragraphs (e)(7)(iii)(A)(3)(i) through (iii) of this 
section, as applicable.
    (i) All the emission points in the added PMPU, as described in 
Sec. 63.1420(g)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.1420(g)(2)(i).
    (iii) All the added or created emission points as described in 
Sec. 63.1420(g)(2)(ii) or (iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, or wishes to establish parameter 
monitoring levels according to the procedures contained in 
Sec. 63.1438(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(iii)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(iii)(B)(1) through (3) of this section, as appropriate.
    (1) Owners or operators of an added PMPU subject to 
Sec. 63.1420(g)(1) shall submit a report no later than 180 days prior 
to the compliance date for the PMPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.1420(g)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners and operators of any emission point (other than 
equipment leak components subject to Sec. 63.1434) subject to 
Sec. 63.1420(g)(2)(ii) or (iii) shall submit a report no later than 180 
days prior to the compliance date for those emission points.
* * * * *

    20. Tables 1, 4, and 8 to subpart PPP of part 63 are revised as 
follows:

          Table 1 of Subpart PPP.--Applicability of General Provisions to Subpart PPP Affected Sources
----------------------------------------------------------------------------------------------------------------
                  Reference                         Applies to  subpart PPP                Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...................................  Yes.............................  Sec.  63.1423 specifies
                                                                                  definitions in addition to or
                                                                                  that supersede definitions in
                                                                                  Sec.  63.2.
63.1(a)(2)...................................  Yes.
63.1(a)(3)...................................  Yes.............................  Sec.  63.1422(f) through (k) of
                                                                                  this subpart and Sec.
                                                                                  63.160(b) identify those
                                                                                  standards which overlap with
                                                                                  the requirements of subparts
                                                                                  PPP and H and specify how
                                                                                  compliance shall be achieved.
63.1(a)(4)...................................  Yes.............................  Subpart PPP (this table)
                                                                                  specifies the applicability of
                                                                                  each paragraph in subpart A to
                                                                                  subpart PPP.
63.1(a)(5)...................................  No..............................  Reserved.
63.1(a)(6)-(8)...............................  Yes.
63.1(a)(9)...................................  No..............................  Reserved.
63.1(a)(10)..................................  Yes.

[[Page 26503]]

 
63.1(a)(11)..................................  Yes.
63.1(a)(12)-(14).............................  Yes.
63.1(b)(1)...................................  No..............................  Sec.  63.1420(a) contains
                                                                                  specific applicability
                                                                                  criteria.
63.1(b)(2)...................................  Yes.
63.1(b)(3)...................................  Yes.
63.1(c)(1)...................................  Yes.............................  Subpart PPP (this table)
                                                                                  specifies the applicability of
                                                                                  each paragraph in subpart A to
                                                                                  subpart PPP.
63.1(c)(2)...................................  No..............................  Area sources are not subject to
                                                                                  subpart PPP.
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.  63.1423 specifies those
                                                                                  subpart A definitions that
                                                                                  apply to subpart PPP.
63.3.........................................  Yes.
63.4(a)(1)-(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.  63.1420(g) defines
                                                                                  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 requirements in
                                                                                  Sec.  63.1439(e)(3) shall
                                                                                  apply instead of the
                                                                                  requirements in Sec.  63.9(b).
63.5(b)(5)...................................  Yes.
63.5(b)(6)...................................  Yes.............................  Except that Sec.  63.1420(g)
                                                                                  defines when construction or
                                                                                  reconstruction is subject to
                                                                                  the new source standards.
63.5(c)......................................  No..............................  Reserved.
63.5(d)(1)(i)................................  Yes.
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.  63.1439(e)(5) and Sec.
                                                                                  63.1434(e) specify
                                                                                  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.  63.1434
                                                                                  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.............................  Sec.  63.1422 specifies the
                                                                                  compliance date.
63.6(c)(2)...................................  No.
63.6(c)(3)...................................  No..............................  Reserved.
63.6(c)(4)...................................  No..............................  Reserved.
63.6(c)(5)...................................  Yes.
63.6(d)......................................  No..............................  Reserved.
63.6(e)......................................  Yes.............................  Except as otherwise specified
                                                                                  for individual paragraphs
                                                                                  (below), and Sec.  63.6(e)
                                                                                  does not apply to Group 2
                                                                                  emission points.
63.6(e)(1)(i)................................  No..............................  This is addressed by Sec.
                                                                                  63.1420(h)(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.  63.1434), the start-up,
                                                                                  shutdown, and malfunction plan
                                                                                  requirement of Sec.
                                                                                  63.6(e)(3)(i) is limited to
                                                                                  combustion, recovery, or
                                                                                  recapture devices and is
                                                                                  optional for other equipment.
                                                                                  The start-up, shutdown, and
                                                                                  malfunction plan may include
                                                                                  written procedures that
                                                                                  identify conditions that
                                                                                  justify a delay of repair.\a\
63.6(e)(3)(i)(A).............................  Yes.............................  This is also addressed by Sec.
                                                                                  63.1420(h)(4).
63.6(e)(3)(i)(B).............................  Yes.
63.6(e)(3)(i)(C).............................  Yes.
63.6(e)(3)(ii)...............................  Yes.

[[Page 26504]]

 
63.6(e)(3)(iii)..............................  No..............................  Recordkeeping and reporting are
                                                                                  specified in Sec.
                                                                                  63.1439(b)(1).
63.6(e)(3)(iv)...............................  No..............................  Recordkeeping and reporting are
                                                                                  specified in Sec.
                                                                                  63.1439(b)(1).
63.6(e)(3)(v)................................  No..............................  Requirement is specified in
                                                                                  Sec.  63.1439(b)(1).
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.  63.1420(i)(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 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.  63.1434.
63.6(f)(3)...................................  Yes.
63.6(g)......................................  Yes.
63.6(h)......................................  No..............................  Subpart PPP 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 Sec.
                                                                                  63.1422(e) and Sec.
                                                                                  63.1439(e)(4)(i) for all
                                                                                  emission points except
                                                                                  equipment leaks, which are
                                                                                  covered under Sec.
                                                                                  63.182(a)(6)(i).
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.  63.1439(e) (5) and (6)
                                                                                  specify 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.  63.1437(a)(4) specifies
                                                                                  notification requirements.
63.7(c)......................................  No..............................  Except if the owner or operator
                                                                                  chooses to submit an
                                                                                  alternative nonopacity
                                                                                  emission standard for approval
                                                                                  under Sec.  63.6(g).
63.7(d)......................................  Yes.
63.7(e)(1)...................................  Yes.............................  Except that all performance
                                                                                  tests shall be conducted
                                                                                  during worst case operating
                                                                                  conditions.
63.7(e)(2)...................................  Yes.
63.7(e)(3)...................................  No..............................  Subpart PPP specifies
                                                                                  requirements.
63.7(e)(4)...................................  Yes.
63.7(f)......................................  Yes.............................  Since 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 the notification of
                                                                                  compliance status report
                                                                                  requirements in Sec.
                                                                                  63.1439(e)(5) shall apply
                                                                                  instead of those in Sec.
                                                                                  63.9(h). In addition,
                                                                                  equipment leaks subject to
                                                                                  Sec.  63.1434 are not required
                                                                                  to conduct performance tests.
63.7(h)......................................  Yes.............................  Except Sec.  63.7(h)(4)(ii) is
                                                                                  not applicable, since the site-
                                                                                  specific test plans in Sec.
                                                                                  63.7(c)(2) are not required.
63.8(a)(1)...................................  Yes.
63.8(a)(2)...................................  No.
63.8(a)(3)...................................  No..............................  Reserved.
63.8(a)(4)...................................  Yes.
63.8(b)(1)...................................  Yes.
63.8(b)(2)...................................  No..............................  Subpart PPP 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.  63.1439(b)(1)(i)(B);
                                                                                  for equipment leaks, comply
                                                                                  with Sec.  63.181(g)(2)(ii).
63.8(c)(1)(iii)..............................  Yes.
63.8(c)(2)...................................  Yes.
63.8(c)(3)...................................  Yes.
63.8(c)(4)...................................  No..............................  Sec.  63.1438 specifies
                                                                                  monitoring requirements; not
                                                                                  applicable to equipment leaks,
                                                                                  because Sec.  63.1434 does not
                                                                                  require continuous monitoring
                                                                                  systems.
63.8(c)(5)-(8)...............................  No.
63.8(d)......................................  No.
63.8(e)......................................  No.
63.8(f)(1)-(3)...............................  Yes.
63.8(f)(4)(i)................................  Yes.............................  Except the timeframe for
                                                                                  submitting request is
                                                                                  specified in Sec.  63.1439(f)
                                                                                  or (g); not applicable to
                                                                                  equipment leaks, because Sec.
                                                                                  63.1434 (through subpart H of
                                                                                  this part) specifies
                                                                                  acceptable alternative
                                                                                  methods.

[[Page 26505]]

 
63.8(f)(4)(ii)...............................  Yes.
63.8(f)(4)(iii)..............................  Yes.
63.8(f)(5)(i)................................  Yes.
63.8(f)(5)(ii)...............................  No.
63.8(f)(5)(iii)..............................  Yes.
63.8(f)(6)...................................  No..............................  Subpart PPP does not require
                                                                                  CEMs.
63.8(g)......................................  No..............................  Data reduction procedures
                                                                                  specified in Sec.  63.1439(d)
                                                                                  and (h); not applicable to
                                                                                  equipment leaks.
63.9(a)......................................  Yes.
63.9(b)......................................  No..............................  The initial notification
                                                                                  requirements are specified in
                                                                                  Sec.  63.1439(e)(3).
63.9(c)......................................  Yes.
63.9(d)......................................  Yes.
63.9(e)......................................  No..............................  Sec.  63.1437(a)(4) specifies
                                                                                  notification deadline.
63.9(f)......................................  No..............................  Subpart PPP does not require
                                                                                  opacity and visible emission
                                                                                  standards.
63.9(g)......................................  No.
63.9(h)......................................  No..............................  Sec.  63.1439(e)(5) specifies
                                                                                  notification of compliance
                                                                                  status requirements.
63.9(i)......................................  Yes.
63.9(j)......................................  No.
63.10(a).....................................  Yes.
63.10(b)(1)..................................  No..............................  Sec.  63.1439(a) specifies
                                                                                  record retention requirements.
63.10(b)(2)..................................  No..............................  Subpart PPP specifies
                                                                                  recordkeeping requirements.
63.10(b)(3)..................................  Yes.
63.10(c).....................................  No..............................  Sec.  63.1439 specifies
                                                                                  recordkeeping requirements.
63.10(d)(1)..................................  Yes.
63.10(d)(2)..................................  No..............................  Sec.  63.1439(e)(5) and (6)
                                                                                  specify performance test
                                                                                  reporting requirements; not
                                                                                  applicable to equipment leaks.
63.10(d)(3)..................................  No..............................  Subpart PPP does not require
                                                                                  opacity and visible emission
                                                                                  standards.
63.10(d)(4)..................................  Yes.
63.10(d)(5)(i)...............................  Yes.............................  Except that reports required by
                                                                                  Sec.  63.10(d)(5)(i) shall be
                                                                                  submitted at the same time as
                                                                                  Periodic Reports specified in
                                                                                  Sec.  63.1439(e)(6). The start-
                                                                                  up, shutdown, and malfunction
                                                                                  plan, and any records or
                                                                                  reports of start-up, shutdown,
                                                                                  and malfunction do not apply
                                                                                  to Group 2 emission points.
63.10(d)(5)(ii)..............................  No.
63.10(e).....................................  No..............................  Sec.  63.1439 specifies
                                                                                  reporting requirements.
63.10(f).....................................  Yes.
63.11........................................  Yes.
63.12........................................  Yes.............................  Except that the authority of
                                                                                  Sec.  63.177 (for equipment
                                                                                  leaks) will not be delegated
                                                                                  to States.
63.13-63.15..................................  Yes.
----------------------------------------------------------------------------------------------------------------
\a\ The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission
  points.

* * * * *
      

    Table 4 of Subpart PPP.--Known Organic HAP From Polyether Polyol
                                Products
------------------------------------------------------------------------
                  Organic HAP/chemical name  [CAS No.]
-------------------------------------------------------------------------
                             1,3 Butadiene
                                (106990)
------------------------------------------------------------------------
                            Epichlorohydrin
                                (106898)
------------------------------------------------------------------------
                             Ethylene Oxide
                                 (75218)
------------------------------------------------------------------------
                                n-Hexane
                                (110543)
------------------------------------------------------------------------
                                Methanol
                                 (67561)
------------------------------------------------------------------------
                            Propylene Oxide
                                 (75569)
------------------------------------------------------------------------
                                 Toluene
                                (108883)
------------------------------------------------------------------------
CAS No. = Chemical Abstracts Service Registry Number.

* * * * *
      

[[Page 26506]]



    Table 8 to Subpart PPP.--Routine Reports Required by This Subpart
------------------------------------------------------------------------
                                 Description of
          Reference                  report               Due date
------------------------------------------------------------------------
Sec.  63.1439(b) and subpart  Refer to Sec.         Refer to subpart A
 A of this part.               63.1439(b), Table 1   of this part.
                               of this subpart,
                               and to subpart A of
                               this part.
Sec.  63.1439(e)(3).........  Initial notification  New affected sources
                                                     w/ initial start-up
                                                     at least 90 days
                                                     after June 1, 1999:
                                                     submit the
                                                     application for
                                                     approval of
                                                     construction or
                                                     reconstruction in
                                                     lieu of the initial
                                                     notification
                                                     report.
                                                    New affected sources
                                                     w/ initial start-up
                                                     prior to 90 days
                                                     after June 1,
                                                     1999:by 90 days
                                                     after June 1, 1999.
Sec.  63.1439(e)(4).........  Precompliance Report  Existing affected
                               a.                    sources: 12 months
                                                     prior to compliance
                                                     date.
                                                    New affected
                                                     sources: with the
                                                     application for
                                                     approval of
                                                     construction or
                                                     reconstruction.
Sec.  63.1439(e)(5).........  Notification of       Within 150 days
                               Compliance Status b.  after the
                                                     compliance date.
Sec.  63.1439(e)(6).........  Periodic Reports....  Semiannually, no
                                                     later than 60 days
                                                     after the end of
                                                     each 6-month
                                                     period. See Sec.
                                                     63.1439(e)(6)(i)
                                                     for the due date
                                                     for this report.
Sec.  63.1439(e)(6)(iii)....  Quarterly reports     No later than 60
                               for sources with      days after the end
                               excursions (upon      of each quarter.
                               request of the
                               Administrator).
Sec.  63.506(e)(7)(i).......  Storage Vessels       At least 30 days
                               Notification of       prior to the
                               Inspection.           refilling of each
                                                     storage vessel or
                                                     the inspection of
                                                     each storage
                                                     vessel.
------------------------------------------------------------------------
a There may be two versions of this report due at different times; one
  for equipment subject to Sec.  63.1434 and one for other emission
  points subject to this subpart.
b There will be two versions of this report due at different times; one
  for equipment subject to Sec.  63.1434 and one for other emission
  points subject to this subpart.

* * * * *
[FR Doc. 00-10418 Filed 5-5-00; 8:45 am]
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