[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 38030-38146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11418]



[[Page 38029]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Group I 
Polymers and Resins; and National Emission Standards for Hazardous Air 
Pollutants: Group IV Polymers and Resins; Final Rule

  Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules 
and Regulations  

[[Page 38030]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6585-7]
RIN 2060-AH47


National Emission Standards for Hazardous Air Pollutants: Group I 
Polymers and Resins; and National Emission Standards for Hazardous Air 
Pollutants: Group IV Polymers and Resins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rules; amendments.

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SUMMARY: On September 5, 1996 and September 12, 1996, the EPA 
promulgated national emission standards for hazardous air pollutants 
(NESHAP) for Group I Polymers and Resins and the NESHAP for Group IV 
Polymers and Resins, respectively. In November 1996, petitions for 
review of the September 1996 Polymers and Resins I and IV rules were 
filed in the U.S. Court of Appeals for the District of Columbia 
Circuit. The petitioners raised numerous technical issues and concerns 
with these rules. In addition, on January 17, 1997, amendments to the 
Synthetic Organic Chemical Manufacturing Industry NESHAP (i.e., the 
Hazardous Organic NESHAP, or HON) were promulgated; the HON is heavily 
referenced by both of the Polymers and Resins I and IV NESHAP. On March 
9, 1999, the EPA proposed amendments to the Polymers and Resins I and 
IV NESHAP to address the issues raised by the petitioners and to update 
the rules as necessitated by the HON amendments. This document takes 
final action on those proposed amendments.

EFFECTIVE DATE: June 19, 2000.

ADDRESSES: Docket number A-92-44 for the Group I Polymers and Resins 
NESHAP and Docket number A-92-45 for the Group IV Polymers and Resins 
NESHAP 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: For information concerning these final 
rule amendments, contact Mr. Robert Rosensteel, Organic Chemicals 
Group, Emission Standards Division (MD-13), Office of Air Quality 
Planning and Standards, U.S. EPA, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-5608, facsimile number (919) 
541-3470, electronic mail address [email protected]. For 
information concerning applicability and rule determinations, contact 
your State or local representative or the appropriate EPA Regional 
Office representatives.

SUPPLEMENTARY INFORMATION: Following is a listing of EPA Regional 
contacts.

EPA Regional Office Contacts

Director, Office of Environmental Stewardship
Attn: Air Compliance Clerk
    U.S. EPA Region I, 1 Congress Street, Suite 1100 (SEA), Boston, 
MA 02114-2023, (617) 918-1740
Umesh Dholakia
    U.S. EPA Region II, 290 Broadway Street, New York, NY 10007-
1866, (212) 637-4023
Doreen Au
    U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103, 
(215) 814-5471
Lee Page
    U.S. EPA Region IV, 61 Forsyth Street, SW, Atlanta, GA 30303-
3104, (404) 562-9131
Shaun Burke, IL/IN, (312) 353-5713
Joseph Cardile, MI/WI, (312) 353-2151
Erik Hardin, MN/OH, (312) 353-2402
    U.S. EPA Region V, 77 West Jackson Boulevard, Chicago, IL 60604-
3507
John Jones
    U.S. EPA Region VI, 1445 Ross Avenue, Suite 1200 (6EN-AT), 
Dallas, TX 75202, (214) 665-7233
Gary Schlicht
    U.S. EPA Region VII, 726 Minnesota Avenue, Kansas City, KS 
66101, (913) 551-7097
Tami Thomas-Burton
    U.S. EPA Region VIII, 999 18th Street, Suite 500, Denver, CO 
80202, (303) 312-6581
Ken Bigos
    U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, (415) 744-1240
Dan Meyer
    U.S. EPA Region X, 1200 Sixth Street, Seattle, WA 98101, (206) 
553-4150

    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. Alternatively, docket indexes are available 
by facsimile, as described on the Office of Air and Radiation, Docket 
and Information Center Website at http://www.epa.gov/oar/docket. A 
reasonable fee may be charged for copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule will be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the rule will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. 
The TTN provides information and technology exchange in various areas 
of air pollution control. If more information regarding the TTN is 
needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. The regulated category and entities affected by 
this action include:

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                                     Standard
                                    Industrial
           Category               Classification        (NAICS)             Examples of regulated entities
                                   (SIC) Codes
----------------------------------------------------------------------------------------------------------------
Industry......................  2821, 2822.......  325211, 325212...  Butyl Rubber, Halobutyl Rubber,
                                                                       Epichlorohydrin Elastomer, Ethylene
                                                                       Propylene Rubber, HypalonTM, Neoprene,
                                                                       Nitrile Butadiene Rubber, Nitrile
                                                                       Butadiene Latex, Polybutadiene Rubber,
                                                                       Styrene-Butadiene Rubber or Latex,
                                                                       Acrylonitrile Butadiene Styrene Resin,
                                                                       Styrene Acrylonitrile Resin, Methyl
                                                                       Methacrylate Acrylonitrile Butadiene
                                                                       Styrene Resin, Methyl Methacrylate
                                                                       Butadiene Styrene Resin, Poly(ethylene
                                                                       terephthalate) Resin, Polystyrene Resin,
                                                                       and Nitrile Resin producers.
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[[Page 38031]]

    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 this action. To determine whether your facility 
is regulated by this action, you should carefully examine all of the 
applicability criteria in Sec. 63.480 of the Polymers and Resins I rule 
and Sec. 63.1310 of the Polymers and Resins IV rule. If you have any 
questions regarding the applicability of these amendments to a 
particular entity, consult your State or local representative or the 
appropriate EPA Regional Office representatives listed in the preceding 
FOR FURTHER INFORMATION CONTACT section.
    Judicial Review. Amendments to Polymers and Resins I and IV NESHAP 
were proposed on March 9, 1999 (64 FR 11560). This action announces the 
EPA's final decisions on the rules. Under section 307(b)(1) of the CAA, 
judicial review of final rules is available by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit August 18, 2000. Under section 307(b)(2) of CAA, the 
requirements that are the subject of these final amendments may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. What is the background of these rules?
II. What types of public comments were received on the March 9, 1999 
proposal?
III. What major issues were raised in the public comments and what 
changes were made for the final amendments?
    A. Compliance Dates
    B. Flexible Operation Unit Applicability Provisions
    C. Definitions
    D. Additions to Existing Affected Sources
    E. Halogenated Batch Process Vents
    F. PET and Polystyrene Continuous Process Vents
    G. Start-up, Shutdown, and Malfunction and Periods of 
Nonoperation
    H. Organic HAP Lists
    I. Other Clarifications
IV. What are the administrative requirements for these final 
amendments?
    A. Executive Order 12866
    B. Executive Order 13132
    C. Executive Order 13084
    D. Executive Order 13045
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act

I. What is the Background of These Rules?

    On September 5, 1996 (61 FR 46906) and September 12, 1996 (61 FR 
48208), we issued NESHAP for Group I Polymers and Resins (40 CFR part 
63, subpart U) and Group IV Polymers and Resins (40 CFR part 63, 
subpart JJJ), respectively. On August 26, 1996 (61 FR 43698), prior to 
the promulgation of subparts U and JJJ, we proposed amendments to the 
HON, which subparts U and JJJ both reference. Subparts U and JJJ were 
modeled after the HON due to similarities in emission characteristics 
and emission controls at HON and Polymers and Resins affected sources.
    On November 4, 1996, the Dow Chemical Company (Dow) filed petitions 
for review of the promulgated Polymers and Resins I and IV NESHAP in 
the U.S. Court of Appeals for the District of Columbia Circuit, The Dow 
Chemical Company v. EPA, 96-1417 and 96-1421 (D.C. Cir.). Dow raised 
over 280 technical issues on the rules' structure and applicability, 
including questions about the applicability of the HON amendments to 
subparts U and JJJ. Dow raised issues regarding details of the 
technical requirements, drafting clarity, and structural errors in the 
drafting of certain sections of the rules. On October 30, 1996, the 
Union Carbide Corporation filed a petition for review of the 
promulgated Polymers and Resins I NESHAP in the U.S. Court of Appeals 
for the District of Columbia Circuit, Union Carbide Corporation v. EPA, 
96-1413 and Consolidated Cases (D.C. Cir.).
    On March 9, 1999 (64 FR 11561), we proposed amendments to subparts 
U and JJJ to incorporate the concepts and new references related to the 
promulgated HON amendments and to propose changes pursuant to 
settlements reached with industry. In this action, we are promulgating 
the amendments proposed on March 9, 1999.
    In addition to these final amendments to subparts U and JJJ, other 
actions taken to amend various aspects of subparts U and JJJ since the 
original promulgation of these rules in September of 1996 include the 
following Federal Register notices: January 14, 1997 (62 FR 1835), 
equipment leaks compliance date extension for both rules; June 6, 1997 
(62 FR 30993), equipment leaks compliance date extension for 
poly(ethylene terephthalate) (PET) resin affected sources; July 15, 
1997 (62 FR 37720), minor corrections and clarifications to the rules; 
February 27, 1998 (63 FR 9944), change in the effective date of the 
rule for subpart JJJ to February 27, 1998; March 31, 1998 (63 FR 
15312), a temporary compliance extension until February 27, 2001 for 
existing affected sources producing PET using the continuous 
terephthalic acid (TPA) high viscosity multiple end finisher process; 
December 9, 1998 (63 FR 67879), notification of a proposed partial 
settlement; March 9, 1999 (64 FR 11536), clarifications and corrections 
to the promulgated rules; May 7, 1999 (64 FR 24511), withdrawal, as a 
result of adverse comments, of one amendment from the amendments in the 
March 9, 1999 direct final rule; June 8, 1999 (64 FR 30406), equipment 
leaks compliance date extension for new and existing affected sources 
producing PET; June 8, 1999 (64 FR 30456), proposed denial of petition 
for reconsideration of the equipment leak requirements in subpart JJJ; 
and June 30, 1999 (64 FR 35023), indefinite stay of the compliance 
dates for certain provisions under subparts U and JJJ.

II. What Types of Public Comments Were Received on the March 9, 
1999 Proposal?

    We received six public comment letters on the March 9, 1999 
proposed amendments. All comment letters were from industry 
representatives. The comment letters generally supported the proposed 
amendments, but also suggested clarifications and corrections to the 
proposed amendments. We considered these comments and, where 
appropriate, made changes to the proposed amendments. This preamble 
summarizes significant issues raised and the changes to the proposed 
amendments. Our response to all comments can be found in National 
Emission Standards for Hazardous Air Pollutants for Polymers and Resins 
(Groups I and IV): Summary of Public Comments and Responses on Proposed 
Amendments, EPA-453/R-99-001. This document may be found in both 
dockets.

III. What Major Issues Were Raised in the Public Comments and What 
Changes Were Made for the Final Amendments?

    As noted above, these final amendments incorporate the concepts and 
new references in response to the promulgated HON amendments and 
include changes related to settlement negotiations with industry. In 
addition to a number of clarifications and reference changes, the 
amendments include changes to the applicability provisions for flexible 
operation units, the batch process vent group determination procedures, 
and the reporting and recordkeeping requirements. We believe that these

[[Page 38032]]

changes provide additional clarity to the rules. In the preamble to the 
March 9, 1999 proposed amendments, we provided a detailed explanation 
of the proposed amendments. The following discussion summarizes the 
major public comments on the proposed amendments and significant 
changes made in response to these comments.

A. Compliance Dates

    Due to the extensive nature of the proposed amendments and the 
proximity of the proposed amendments to the September 1999 compliance 
dates (September 5 for subpart U and September 12 for subpart JJJ), 
several commenters requested an extension of the compliance dates for 
existing sources. They indicated that due to the proposed amendments, 
they would have to re-evaluate applicability, compliance status, and 
the basis for demonstrating compliance. As discussed in the preamble to 
the proposed amendments (64 FR 11573), we were aware of the possibility 
that specific proposed amendments might affect the compliance status of 
one or more facilities. We specifically requested comments on this 
issue, along with specific examples of the proposed rule changes that 
could cause a facility to be out of compliance.
    After review of the comments submitted in response to that request 
and the specific proposed rule examples provided, we decided that 
setting a new compliance date for the amended rule was warranted. 
Therefore, on June 30, 1999, we published a direct final rule in the 
Federal Register (64 FR 35023) which stayed certain compliance dates 
``indefinitely.'' That stay was effective August 30, 1999. 
Specifically, that action stayed the existing source compliance dates 
for storage vessels, process vents, back-end process operations 
(subpart U only), heat exchange systems, and wastewater. That stay did 
not impact the equipment leaks at any facility or the process contact 
cooling tower provisions at facilities that produce PET using a 
continuous terephthalic acid high viscosity multiple end finisher 
process. That action also stayed the compliance date for all emission 
sources at new affected sources that had an initial start-up date on or 
after March 9, 1999.
    In the June 30, 1999 Federal Register document, we indicated that 
we would publish new compliance dates, which would provide a reasonable 
amount of time in which to comply with the amended regulations, when we 
promulgated the final amendments to the regulations. As pointed out by 
the commenters, many of the proposed rule changes that may affect 
compliance are related to the provisions that are used to determine 
whether controls are required for a particular emission point. In 
addition, we recognized that a change in compliance date also affects 
certain reports that the promulgated rules required to be submitted 
prior to the compliance date (discussed below). One commenter suggested 
a compliance date of at least 9 months after promulgation of the 
amendments. However, we did not believe that 9 months was a sufficient 
time period to allow for (1) the re-evaluation of whether controls are 
required by the owner or operator, (2) the submission of reports that 
are due prior to the compliance date, and (3) the review of these 
reports by the Administrator. We concluded that 1 year was a reasonable 
amount of time for accomplishment of these activities.
    Therefore, the final amendments require that existing affected 
sources comply with the nonequipment leak requirements by June 19, 
2001. The final amendments also require, in accordance with the CAA, 
that all new affected sources comply with the amended regulations on 
June 19, 2000, or at initial start-up, whichever is later. Note: New 
affected sources that produce PET as their primary product are not 
required to comply with the equipment leak provisions in Sec. 63.1331 
until February 27, 2001 or at initial start-up, whichever is later.
    The promulgated rules require the owner or operator to submit two 
reports, the precompliance report and the emissions averaging plan (if 
applicable), prior to the compliance date. The promulgated rules 
originally required the owner or operator to submit these reports prior 
to the publication of the proposed amendments on March 9, 1999. We 
believe that facilities should have the opportunity to submit, or 
resubmit, these reports after evaluating the final amendments. 
Therefore, the final amendments change the required submission date of 
the emissions averaging plan to September 19, 2000 (9 months before the 
compliance date) and the due date of the precompliance report to 
December 19, 2000 (6 months before the compliance date). Even if a 
facility does not need to make changes to an emissions averaging plan 
or precompliance report previously submitted, the facility must either 
resubmit the plan or report, or submit a notification that the 
previously submitted plan or report is still valid. This will avoid any 
confusion regarding your intention.
    In another compliance date issue, a commenter requested that the 
EPA change the compliance date for new emission points and newly 
created Group 1 emission points to 120 days after the initial start-up, 
rather than the proposed requirement that such points be in compliance 
at initial start-up. Upon consideration of the comments, we agree that 
time may be necessary to evaluate the actual impact of a process change 
after initial start-up in some instances. Therefore, the final rule 
requires that new emission points and newly created Group 1 emission 
points be in compliance with the existing source requirements within 
120 days of initial start-up.

B. Flexible Operation Unit Applicability Provisions

    The promulgated rules specify that the owner or operator must 
redetermine the primary product of a flexible operation unit (based on 
actual previous production) whenever changes in products occur that 
could reasonably be expected to change the primary product. If the 
primary product indeed changes, then the process unit would no longer 
be subject to subpart U or JJJ if the new primary product makes the 
process unit subject to another subpart of 40 CFR part 63 (i.e., 
another maximum achievable control technology (MACT) standard). If the 
new primary product does not make the process unit subject to another 
MACT standard, then the process unit must continue to comply with 
subpart U or JJJ, provided that the production of elastomer/
thermoplastic continues. One commenter objected to the idea that the 
owner or operator of an elastomer product process unit (EPPU) or 
thermoplastic product process unit (TPPU) that has been operating as a 
flexible operation unit must continue to comply with subpart U or JJJ, 
even when an elastomer/thermoplastic product is no longer the primary 
product of the flexible operation unit.
    If we had incorporated the commenter's suggestion, a major source 
could have continued to produce a product covered by a MACT standard 
(i.e., an elastomer or thermoplastic) and emit hazardous air pollutants 
(HAP) but not be subject to any requirements to reduce those HAP 
emissions. Therefore, controls used to reduce HAP might be removed. We 
believe that such a situation is contrary to the intent of section 112 
of the CAA; therefore, we did not change the final rule in response to 
this comment.
    We did make a clarification to the proposed flexible operation unit 
applicability provisions with regard to annual redeterminations. This 
change clarifies that annual applicability determinations are not 
required for flexible operation units in which the

[[Page 38033]]

owner or operator does not intend to produce elastomer/thermoplastic in 
the future.

C. Definitions

    We revised several proposed definitions in response to comments. 
The proposed addition of a definition of net positive heating value was 
an attempt to provide additional clarification to the definition of 
recovery device, which uses the term net positive heating value. After 
review of the comments, we concluded that a single all-inclusive 
definition that works for this term was not possible, and we removed 
the entire term from the final amendments. Therefore, you must be able 
to demonstrate, in engineering terms appropriate to each individual 
situation, that a recovered stream has net positive heating value.
    A commenter pointed out that the proposed definition of 
supplemental combustion air could be interpreted to require application 
of the oxygen correction factor when a facility adds air to exhaust 
streams controlled by catalytic oxidizers to ensure proper operation 
and to prevent damage to the catalyst bed. We agree a facility should 
not consider air added to ensure proper operation and to avoid damage 
to a catalytic oxidizer to be supplemental combustion air; therefore, 
the definition of supplemental combustion air in the final amendments 
includes an additional sentence clarifying this point.
    We agree with a commenter that the proposed definition of stripping 
in subpart U used language that excluded certain operations, 
specifically drum dryers which have devolatilization as their primary 
purpose. Therefore, the final definition of stripping clarifies that 
processes that occur in dryers with the primary purpose of 
devolatilization are considered to be stripping.
    We also agree with commenters that the proposed change to the 
definition of elastomer product in subpart U, which separated 
polybutadiene rubber by solution and styrene butadiene rubber by 
solution into two different products, was not appropriate. At the 
majority of facilities, these two polymers are produced in the same 
process. Further, in the solution process that is used at these 
facilities, the HAP emissions are primarily from the use of the 
solvent, not the reactants, which means that there is little difference 
in emissions between the two products. In fact, total HAP emissions 
were usually reported for the entire facility and not for the 
individual products, so we originally developed the back-end process 
operation limitations based on the emissions from both of these 
polymers. Therefore, we recombined these polymers as a single elastomer 
product in the final amendments.
    Changes were also made to the definition of material recovery 
section in subpart JJJ to clarify that contact and non-contact 
condensers removing ethylene glycol from vapor streams coming out of 
polymerization vessels are part of the polymerization reaction section.

D. Additions to Existing Affected Sources

    The proposed definition of reconstruction and the proposed 
provisions that applied the definition of reconstruction 
(Secs. 63.480(i)(2)(i) and 63.1310(i)(2)(i)) were inconsistent. To 
summarize, the proposed Secs. 63.480(i)(2)(i) and 63.1310(i)(2)(i) 
stated that if a facility made any process change or addition that met 
the definition of reconstruction after June 5, 1995 (June 12, 1995 for 
subpart JJJ), the source is a new affected source. However, the 
proposed definition of reconstruction in Secs. 63.482 and 63.1312 only 
addressed the replacement, and not the addition, of components. One 
commenter suggested that we amend the definition of reconstruction to 
also include additions.
    The general provisions for part 63 clearly separate replacements 
from additions. The definition of reconstruction in the general 
provisions only addresses the replacement of components, while 
Sec. 63.5(b)(6) of the general provisions addresses additions. In the 
proposed language for Secs. 63.480(i)(2)(i) and 63.1310(i)(2)(i), we 
combined these two concepts, thus creating confusion and making them 
inconsistent with our policies regarding replacements and additions. 
Therefore, rather than amend the definition of reconstruction in 
Secs. 63.482 and 63.1312, we revised the provisions in 
Secs. 63.480(i)(2) and 63.1312(i)(2) to clearly distinguish how a 
facility is to handle replacements of components and additions. 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 owner or operator makes an 
addition to an existing affected source, then the addition becomes part 
of the existing affected source.

E. Halogenated Batch Process Vents

    The purpose of the halogenated vent provisions is to reduce the 
hydrogen halides that are created when halogenated organic compounds 
are routed to a combustion device. Therefore, the important location 
for determining whether a vent stream is halogenated is prior to the 
stream entering a combustion device. The location specified in both 
subparts U and JJJ for making batch vent group determinations is at the 
exit of the batch unit operation (i.e., before any recovery, recapture, 
or combustion device). Therefore, any reduction in the mass emission 
rate of halogen atoms that occurs in a recovery or recapture device 
would not be taken into account. A commenter requested that the rules 
allow the determination of the concentration of each organic compound 
containing halogen atoms at the recovery device or process discharge 
for the purposes of determining the halogenated status of a vent 
stream. We agree with the commenter. We have changed the rules to 
specify that an owner or operator must determine the concentration of 
each organic compound containing halogen atoms at the exit of the last 
recovery or recapture device.

F. PET and Polystyrene Continuous Process Vents

    Continuous process vents at PET and polystyrene affected sources 
are subject to emission limitations that apply to all process vents in 
entire sections (i.e., material recovery section, polymerization 
reaction section) of the process unit. This differs from the 
requirements for other continuous process vents which are subject to 
control requirements based on the group status of individual process 
vents.
    One commenter requested that the rule exempt process vents at PET 
and polystyrene affected sources subject to these section-specific 
emission limitations from certain control, testing, and recordkeeping 
requirements if they meet the Group 2 criteria. However, since the 
concept of group status does not apply for these process vents, we did 
not make changes in response to these comments. We believe that the 
emission limitations for process vents in the applicable sections, 
which were determined to be the MACT floor for the applicable 
subcategories, provide an owner or operator with various compliance 
demonstration options, including a kilogram of HAP per megagram of 
product limit, which allow the owner or operator to choose which 
process vents to control.
    Paragraph Sec. 63.1313(b) of subpart JJJ addresses the control of 
combined streams. One commenter believed that these provisions do not 
adequately address how to handle process vents in sections of PET and 
polystyrene facilities that are subject to the requirements in 
Secs. 63.1316 through

[[Page 38034]]

63.1320 and other combined streams that do not include Group 1 emission 
streams. The commenter suggests using the Total Resource Effectiveness 
(TRE) value to determine applicability for this combined vent stream, 
and if the combined stream does not meet the Group 1 criteria, no 
control would be required.
    If a combined emission stream has no Group 1 emission streams, the 
combined emission stream could either (1) have no emission streams 
requiring control, or (2) have process vent emission streams subject to 
Secs. 63.1316 through 63.1320. For the first case, there is no reason 
for an owner or operator to evaluate the combined emission stream for 
control. For the second case, consider the following example. A 
facility makes polystyrene using a continuous process so emissions from 
the material recovery section must be controlled in accordance with 
Sec. 63.1316(c). If a stream from the material recovery section is 
combined with emission streams that are not required to be controlled 
(i.e., Group 2 emission streams), and the TRE of the combined stream 
does not meet the Group 1 criteria, then no control would be required 
if we adopted the commenter's suggested approach of applying the TRE to 
these combined streams. The result would be that emissions that are 
required to be controlled under Sec. 63.1316(c) would not be 
controlled. This approach would result in a situation where the control 
requirements of Secs. 63.1316 through 63.1320 could be circumvented by 
combining subject streams with other streams that are not required to 
be controlled. Therefore, we believe that the provisions in 
Sec. 63.1313(b) adequately address the situations raised by the 
commenter, and we did not change the rule in response to this comment.

G. Start-up, Shutdown, and Malfunction and Periods of Nonoperation

    We received several comments on the provisions related to the 
requirements during start-up, shutdown, and malfunction and during 
periods of nonoperation. As a result of these comments, we made the 
following changes. The promulgated rules require that owners and 
operators implement measures to prevent or minimize excess emissions 
during periods of start-up, shutdown, and malfunction. One commenter 
suggested changes to the definition of excess emissions with which we 
agreed. Therefore, in the final rule, we have defined excess emissions 
as ``emissions greater than those allowed by the emissions limitation 
which would apply during operational periods other than start-up, 
shutdown, and malfunction.'' Commenters also made suggestions related 
to the records required during periods of start-up, shutdown, and 
malfunction. In response to these comments, we reduced the amount of 
information required to be submitted with reports of start-ups, 
shutdowns, and malfunctions to the level specified by the 40 CFR part 
63 general provisions. Finally, we revised Table 1 of both promulgated 
rules to clarify that immediate start-up, shutdown, and malfunction 
reports are not required.

H. Organic HAP Lists

    As a result of comments, we revised the tables specifying known HAP 
emitted from the production of specific elastomer/thermoplastic 
products (Table 5 in subpart U and Table 6 in subpart JJJ). 
Specifically, Table 5 in subpart U no longer identifies hexane, 
toluene, and xylenes as known organic HAP emitted from the production 
of styrene butadiene rubber by emulsion and styrene butadiene latex 
elastomer. We have no information that indicates that these HAP are 
used or emitted from the production of these elastomer products, but 
they were inadvertently identified in the table as known organic HAP 
emitted from their production. Carbon disulfide is a HAP known to be 
emitted during the production of styrene butadiene rubber via an 
emulsion process, so we added carbon disulfide to the table and 
indicated that it is a known organic HAP emitted from the production of 
styrene butadiene rubber by emulsion. Also, Table 6 of subpart JJJ no 
longer identifies 1,3-butadiene as a known organic HAP emitted from the 
production of actrylonitrile styrene acrylate resin/alpha methyl 
styrene acrylonitrile resin (ASA/AMSAN), as we have no information that 
indicates ASA/AMSAN production processes use or emit this HAP.

I. Other Clarifications

    A change was made to clarify that process units that produce 
elastomers which are, in turn, used at least 50 percent of the time to 
produce thermoplastics, are subject to subpart JJJ and not subpart U. 
Another change clarifies that changes that do not alter the equipment 
configuration and operation conditions are not process changes, and 
that these configurations and conditions are not required to be 
documented in the Notification of Compliance Status reports. We made 
changes to clarify the organic HAP subject to the process and 
maintenance wastewater requirements. In subpart U, we made a change to 
clarify the elastomer products that are not subject to back-end process 
operation residual HAP limitations. We also clarified the monitoring 
requirements for flares used to control process back-end HAP emissions.

IV. What Are the Administrative Requirements for These Final 
Amendments?

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 the Office of Management and Budget (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 amendments 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

[[Page 38035]]

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.
    These amendments do not have federalism implications. They 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 13084 do not apply to these amendments.

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 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 amendments.

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 subparts U and 
JJJ 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.
    These amendments 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 amendments 
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), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or 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 amendments 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 amendments are not subject 
to the requirements of sections 202 and 205 of the UMRA. In addition, 
the EPA has determined that these amendments 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 
amendments 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 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of a 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,

[[Page 38036]]

small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of these amendments 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 amendments on small 
entities, we have concluded that these actions will not have a 
significant economic impact on a substantial number of small entities, 
because they include primarily clarifications and amendments to reduce 
the reporting and recordkeeping burden, thus they impose no additional 
regulatory requirements on owners or operators of affected sources.

G. Paperwork Reduction Act

    For both the Group I and Group IV Polymers and Resins NESHAP, the 
information collection requirements (ICRs) were submitted to OMB under 
the Paperwork Reduction Act. At promulgation, OMB had already approved 
the ICR for the Group IV Polymers and Resins NESHAP and assigned OMB 
control number 2060-0351. Subsequently, OMB approved the ICR for the 
Group I Polymers and Resins NESHAP, and on July 15, 1997 (62 FR 37720) 
assigned OMB control number 2060-0356.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA 
has amended 40 CFR 9.1 to indicate the ICRs contained in the Group I 
and IV Polymers and Resins NESHAP.
    The amendments to the NESHAP contained in this final rule should 
have no impact on the information collection burden estimates made 
previously. Therefore, the ICRs have not been revised.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 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 
amendments.

I. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. 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. 
804(2). This rule will be effective June 19, 2000.

List of Subjects in 40 CFR Part 63

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

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

    For the reasons set out in the preamble, part 63 of title 40, 
chapter I of the Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart U--National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins

    2. Section 63.480 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b);
    c. Revising paragraph (c);
    d. Revising paragraph (d);
    e. Revising paragraph (e);
    f. Revising paragraph (f);
    g. Revising paragraph (g) introductory text;
    h. Revising paragraphs (g)(1) through (g)(4);
    i. Revising paragraphs (g)(6), through (g)(8);
    j. Revising paragraph (h) introductory text;
    k. Revising paragraphs (h)(1) through (h)(4);
    l. Revising paragraphs (h)(6) and (h)(7);
    m. Revising paragraph (i) introductory text;
    n. Revising paragraph (i)(1) introductory text;
    o. Revising paragraphs (i)(1)(i) and (i)(1)(ii);
    p. Revising paragraph (i)(2)(i) introductory text;
    q. Revising paragraph (i)(2)(i)(A);
    r. Revising paragraphs (i)(2)(ii) and (i)(2)(iii);
    s. Revising paragraphs (i)(3) through (i)(5);
    t. Revising paragraph (j); and
    u. Adding paragraph (i)(6).
    The revisions and additions read as follows:


Sec. 63.480  Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. Affected sources are described in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) An affected source is either an existing affected source or a 
new affected source. Existing affected source

[[Page 38037]]

is defined in paragraph (a)(2) of this section, and new affected source 
is defined in paragraph (a)(3) of this section.
    (2) An existing affected source is defined as each group of one or 
more elastomer product process units (EPPU) and associated equipment, 
as listed in paragraph (a)(4) of this section, that is not part of a 
new affected source, as defined in paragraph (a)(3) of this section, 
that is manufacturing the same primary product and that is located at a 
plant site that is a major source.
    (3) A new affected source is defined by the criteria in paragraph 
(a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation 
described in paragraph (a)(3)(i) of this section is distinct from those 
situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this 
section and from any situation described in paragraph (i) of this 
section.
    (i) At a site without HAP emission points before June 12, 1995 
(i.e., a ``greenfield'' site), each group of one or more EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, 
that is manufacturing the same primary product and that is part of a 
major source on which construction commenced after June 12, 1995;
    (ii) A group of one or more EPPU meeting the criteria in paragraph 
(i)(1)(i) of this section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (i)(2)(i) of this section.
    (4) Emission points and equipment. The affected source also 
includes the emission points and equipment specified in paragraphs 
(a)(4)(i) through (a)(4)(iv) of this section that are associated with 
each applicable group of one or more EPPU constituting an affected 
source.
    (i) Each waste management unit.
    (ii) Maintenance wastewater.
    (iii) Each heat exchange system.
    (iv) Equipment required by, or utilized as a method of compliance 
with, this subpart which may include control devices and recovery 
devices.
    (5) EPPUs and associated equipment, as listed in paragraph (a)(4) 
of this section, that are located at plant sites that are not major 
sources are neither affected sources nor part of an affected source.
    (b) EPPUs without organic HAP. The owner or operator of an EPPU 
that is part of an affected source, as defined in paragraph (a) of this 
section, but that does not use or manufacture any organic HAP shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section. Such an EPPU is not subject to any other provision of 
this subpart and is not required to comply with the provisions of 
subpart A of this part.
    (1) Retain information, data, and analyses used to document the 
basis for the determination that the EPPU does not use or manufacture 
any organic HAP. Types of information that could document this 
determination include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.
    (2) When requested by the Administrator, demonstrate that the EPPU 
does not use or manufacture any organic HAP.
    (c) Emission points not subject to the provisions of this subpart. 
The affected source includes the emission points listed in paragraphs 
(c)(1) through (c)(9) of this section, but these emission points are 
not subject to the requirements of this subpart or to the provisions of 
subpart A of this part.
    (1) Equipment that does not contain organic HAP and is located at 
an EPPU that is part of an affected source;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels and equipment storing and/or handling material that 
contains no organic HAP or organic HAP as impurities only; and
    (9) Equipment that is intended to operate in organic HAP service 
for less than 300 hours during the calendar year.
    (d) Processes exempted from the affected source. Research and 
development facilities are exempted from the affected source.
    (e) Applicability determination of elastomer equipment included in 
a process unit producing a non-elastomer product. If an elastomer 
product that is subject to this subpart is produced within a process 
unit that is subject to subpart JJJ of this part, and at least 50 
percent of the elastomer is used in the production of the product 
manufactured by the subpart JJJ process unit, the unit operations 
involved in the production of the elastomer are considered part of the 
process unit that is subject to subpart JJJ, and not this subpart.
    (f) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce an 
elastomer product shall determine if the process unit is subject to 
this subpart in accordance with this paragraph. The owner or operator 
shall initially determine whether a process unit is designated as an 
EPPU and subject to the provisions of this subpart in accordance with 
either paragraph (f)(1) or (f)(2) of this section. The owner or 
operator of a flexible operation unit that was not initially designated 
as an EPPU, but in which an elastomer product is produced, shall 
conduct an annual re-determination of the applicability of this subpart 
in accordance with paragraph (f)(3) of this section. Owners or 
operators that anticipate the production of an elastomer product in a 
process unit that was not initially designated as an EPPU, and in which 
no elastomer products are currently produced, shall determine if the 
process unit is subject to this subpart in accordance with paragraph 
(f)(4) of this section. Paragraphs (f)(3) and (f)(5) through (f)(7) of 
this section discuss compliance only for flexible operation units. 
Other paragraphs apply to all process units, including flexible 
operation units, unless otherwise noted. Paragraph (f)(8) of this 
section contains reporting requirements associated with the 
applicability determinations. Paragraphs (f)(9) and (f)(10) describe 
criteria for removing the EPPU designation from a process unit.
    (1) Initial determination. The owner or operator shall initially 
determine if a process unit is subject to the provisions of this 
subpart based on the primary product of the process unit in accordance 
with paragraphs (f)(1)(i) through (iii) of this section. If the process 
unit never uses or manufactures any organic HAP, regardless of the 
outcome of the primary product determination, the only requirements of 
this subpart that might apply to the process unit are contained in 
paragraph (b) of this section. If a flexible operation unit does not 
use or manufacture any organic HAP during the manufacture of one or 
more products, paragraph (f)(5)(i) of this section applies to that 
flexible operation unit.
    (i) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (ii) If a process unit produces more than one intended product at 
the same time, the primary product shall be determined in accordance 
with paragraph (f)(1)(ii)(A) or (B) of this section.
    (A) The product for which the process unit has the greatest annual 
design capacity on a mass basis shall represent the primary product of 
the process unit, or
    (B) If a process unit has the same maximum annual design capacity 
on a

[[Page 38038]]

mass basis for two or more products, and if one of those products is an 
elastomer product, then the elastomer product shall represent the 
primary product of the process unit.
    (iii) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(1)(iii)(A) or (B) of this section based on the 
anticipated operations for the 5 years following September 5, 1996 at 
existing process units, or for the first year after the process unit 
begins production of any product for new process units. If operations 
cannot be anticipated sufficiently to allow the determination of the 
primary product for the specified period, applicability shall be 
determined in accordance with paragraph (f)(2) of this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified five year period for 
existing process units, or the specified one year period for new 
process units, then that product shall represent the primary product of 
the flexible operation unit.
    (B) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest expected production on a mass basis over the specified five 
year period for existing process units, or the specified one year 
period for new process units shall represent the primary product of the 
flexible operation unit.
    (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is an elastomer product, 
then that process unit shall be designated as an EPPU. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. If the primary product of a 
process unit is determined to be a product that is not an elastomer 
product, then that process unit is not an EPPU.
    (2) If the primary product cannot be determined for a flexible 
operation unit in accordance with paragraph (f)(1)(iii) of this 
section, applicability shall be determined in accordance with this 
paragraph.
    (i) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, but can 
determine that an elastomer product is not the primary product, then 
that flexible operation unit is not an EPPU.
    (ii) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, and cannot 
determine that an elastomer product is not the primary product as 
specified in paragraph (f)(2)(i) of this section, applicability shall 
be determined in accordance with paragraph (f)(2)(ii)(A) or 
(f)(2)(ii)(B) of this section.
    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as an EPPU if an elastomer 
product was produced for 5 percent or greater of the total operating 
time of the flexible operation unit since March 9, 1999. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. For a flexible operation 
unit that is designated as an EPPU in accordance with this paragraph, 
the elastomer product produced for the greatest amount of time since 
March 9, 1999 shall be designated as the primary product of the EPPU.
    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as an EPPU if the owner or 
operator anticipates that an elastomer product will be manufactured in 
the flexible operation unit at any time in the first year after the 
date the unit begins production of any product. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. For a process unit that is 
designated as an EPPU in accordance with this paragraph, the elastomer 
product that will be produced shall be designated as the primary 
product of the EPPU. If more than one elastomer product will be 
produced, the owner or operator may select which elastomer product is 
designated as the primary product.
    (3) Annual applicability determination for non-EPPUs that have 
produced an elastomer product. Once per year beginning September 5, 
2001, the owner or operator of each flexible operation unit that is not 
designated as an EPPU, but that has produced an elastomer product at 
any time in the preceding five-year period or since the date that the 
unit began production of any product, whichever is shorter, shall 
perform the evaluation described in paragraphs (f)(3)(i) through 
(f)(3)(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 (f)(9) of this section, is not required to 
perform the evaluation described in paragraphs (f)(3)(i) through 
(f)(3)(iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating 
time over which the product was produced during the preceding five-year 
period.
    (ii) The owner or operator shall identify the primary product as 
the product with the highest percentage of total operating time for the 
preceding five-year period.
    (iii) If the primary product identified in paragraph (f)(3)(ii) is 
an elastomer product, the flexible operation unit shall be designated 
as an EPPU. The owner or operator shall notify the Administrator no 
later than 45 days after determining that the flexible operation unit 
is an EPPU, and shall comply with the requirements of this subpart in 
accordance with paragraph (i)(1) of this section for the flexible 
operation unit.
    (4) Applicability determination for non-EPPUs that have not 
produced an elastomer product. The owner or operator that anticipates 
the production of an elastomer product in a process unit that is not 
designated as an EPPU, and in which no elastomer products have been 
produced in the previous 5 year period or since the date that the 
process unit began production of any product, whichever is shorter, 
shall determine if the process unit is subject to this subpart in 
accordance with paragraphs (f)(4)(i) and (ii) of this section. Also, 
owners or operators who have notified the Administrator that a process 
unit is not an EPPU in accordance with paragraph (f)(9) of this 
section, that now anticipate the production of an elastomer product in 
the process unit, shall determine if the process unit is subject to 
this subpart in accordance with paragraphs (f)(4)(i) and (ii) of this 
section.
    (i) The owner or operator shall use the procedures in paragraph 
(f)(1) or (f)(2) of this section to determine if the process unit is 
designated as an EPPU, with the following exception: for existing 
process units that are determining the primary product in accordance 
with paragraph (f)(1)(iii) of this section, production shall be 
projected for the five years following the date that the owner or

[[Page 38039]]

operator anticipates initiating the production of an elastomer product.
    (ii) If the unit is designated as an EPPU in accordance with 
paragraph (f)(4)(i) of this section, the owner or operator shall comply 
in accordance with paragraph (i)(1) of this section.
    (5) Compliance for flexible operation units. Owners or operators of 
EPPUs that are flexible operation units shall comply with the standards 
specified for the primary product, with the exceptions provided in 
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
    (i) Whenever a flexible operation unit manufactures a product in 
which no organic HAP is used or manufactured, the owner or operator is 
only required to comply with either paragraph (b)(1) or (b)(2) of this 
section to demonstrate compliance for activities associated with the 
manufacture of that product. This subpart does not require compliance 
with the provisions of subpart A of this part for activities associated 
with the manufacture of a product that meets the criteria of paragraph 
(b) of this section.
    (ii) Whenever a flexible operation unit manufactures a product that 
makes it subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during the 
production of that product.
    (6) Owners or operators of EPPUs that are flexible operation units 
have the option of determining the group status of each emission point 
associated with the flexible operation unit, in accordance with either 
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception 
of batch front-end process vents. For batch front-end process vents, 
the owner or operator shall determine the group status in accordance 
with Sec. 63.488.
    (i) The owner or operator may determine the group status of each 
emission point based on emission point characteristics when the primary 
product is being manufactured.
    (ii) The owner or operator may determine the group status of each 
emission point separately for each product produced by the flexible 
operation unit. For each product, the group status shall be determined 
using the emission point characteristics when that product is being 
manufactured and using the Group 1 criteria specified for the primary 
product. (Note: Under this scenario, it is possible that the group 
status, and therefore the requirement to achieve emission reductions, 
for an emission point may change depending on the product being 
manufactured.)
    (7) Owners or operators determining the group status of emission 
points in flexible operation units based solely on the primary product 
in accordance with paragraph (f)(6)(i) of this section shall establish 
parameter monitoring levels, as required, in accordance with either 
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators 
determining the group status of emission points in flexible operation 
units based on each product in accordance with paragraph (f)(6)(ii) of 
this section shall establish parameter monitoring levels, as required, 
in accordance with paragraph (f)(7)(i) of this section.
    (i) Establish separate parameter monitoring levels in accordance 
with Sec. 63.505(a) for each individual product.
    (ii) Establish a single parameter monitoring level (for each 
parameter required to be monitored at each device subject to monitoring 
requirements) in accordance with Sec. 63.505(a) that would apply for 
all products.
    (8) Reporting requirements. When it is determined that a process 
unit is an EPPU and subject to the requirements of this subpart, the 
Notification of Compliance Status required by Sec. 63.506(e)(5) shall 
include the information specified in paragraphs (f)(8)(i) and 
(f)(8)(ii) of this section, as applicable. If it is determined that the 
process unit is not subject to this subpart, the owner or operator 
shall either retain all information, data, and analysis used to 
document the basis for the determination that the primary product is 
not an elastomer product, or, when requested by the Administrator, 
demonstrate that the process unit is not subject to this subpart.
    (i) If the EPPU manufactures only one elastomer product, 
identification of that elastomer product.
    (ii) If the EPPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(8)(ii)(A) through 
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
    (A) If a primary product could be determined, identification of the 
primary product.
    (B) Identification of which compliance option, either paragraph 
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner 
or operator.
    (C) If the option to establish separate parameter monitoring levels 
for each product in paragraph (f)(7)(i) of this section is selected, 
the identification of each product and the corresponding parameter 
monitoring level.
    (D) If the option to establish a single parameter monitor level in 
paragraph (f)(7)(ii) of this section is selected, the parameter 
monitoring level for each parameter.
    (9) EPPUs terminating production of all elastomer products. If an 
EPPU terminates the production of all elastomer products and does not 
anticipate the production of any elastomer products in the future, the 
process unit is no longer an EPPU 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 
elastomer products will be produced in the process unit in the future.
    (10) Redetermination of applicability to EPPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of an EPPU that is 
operating as a flexible operation unit from an elastomer product to a 
product that would make the process unit subject to another subpart of 
this part, the owner or operator shall re-evaluate the status of the 
process unit as an EPPU in accordance with paragraphs (f)(10)(i) 
through (iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating 
time in which the product was produced for the preceding five-year 
period, or since the date that the process unit began production of any 
product, whichever is shorter.
    (ii) The owner or operator shall identify the primary product as 
the product with the highest percentage of total operating time for the 
period.
    (iii) If the conditions in (f)(10)(iii)(A) through (C) of this 
section are met, the flexible operation unit shall no longer be 
designated as an EPPU after the compliance date of the other subpart 
and shall no longer be subject to the provisions of this subpart after 
the date that the process unit is required to be in compliance with the 
provisions of the other subpart of this part to which it is subject. If 
the conditions in paragraphs (f)(10)(iii)(A) through (C) of this 
section are not met, the flexible operation unit shall continue to be 
considered an EPPU and subject to the requirements of this subpart.
    (A) The product identified in (f)(10)(ii) of this section is not an 
elastomer product; and
    (B) The production of the product identified in (f)(10)(ii) of this 
section is subject to another subpart of this part; and
    (C) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in

[[Page 38040]]

paragraphs (g)(1) through (g)(7) of this section to determine to which 
process unit a storage vessel shall be assigned. Paragraph (g)(8) of 
this section specifies when an owner or operator is required to 
redetermine to which process unit a storage vessel is assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 5, 1996, that storage vessel shall be assigned 
to the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., the process unit that has the 
predominant use of the storage vessel.)
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is an EPPU subject to this subpart, the storage vessel shall be 
assigned to that EPPU.
* * * * *
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 5, 1996 or based on 
the expected utilization for the 5 years following September 5, 1996, 
whichever is more representative of the expected operations for that 
storage vessel for existing affected sources, and based on the expected 
utilization for the first 5 years after initial start-up for new 
affected sources. The determination of predominant use shall be 
reported in the Notification of Compliance Status, as required by 
Sec. 63.506(e)(5)(vii).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or 
receive materials from the storage vessel, but the storage vessel is 
located in a tank farm (including a marine tank farm), the 
applicability of this subpart shall be determined according to the 
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping both to the process unit and to the 
storage vessel in the tank farm so that product or raw material 
entering or leaving the process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) 
the storage vessel in the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (g)(7)(i) of this section with respect to a 
storage vessel, this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(7)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit. Applicability of this subpart to the storage vessel shall 
then be determined according to the provisions of paragraph (a) of this 
section.
    (iv) If there are two or more process units at the major source 
that meet the criteria of paragraph (g)(7)(i) of this section with 
respect to a storage vessel, the storage vessel shall be assigned to 
one of those process units according to the provisions of paragraphs 
(g)(3) through (g)(6) of this section. The predominant use shall be 
determined among only those process units that meet the criteria of 
paragraph (g)(7)(i) of this section.
    (8) If the storage vessel begins receiving material from (or 
sending material to) a process unit that was not included in the 
initial determination, or ceases to receive material from (or send 
material to) a process unit that was included in the initial 
determination, the owner or operator shall reevaluate the applicability 
of this subpart to that storage vessel.
    (h) Recovery operations equipment ownership determination. The 
owner or operator shall follow the procedures specified in paragraphs 
(h)(1) through (h)(6) of this section to determine to which process 
unit recovery operations equipment shall be assigned. Paragraph (h)(7) 
of this section specifies when an owner or operator is required to 
redetermine to which process unit the recovery operations equipment is 
assigned.
    (1) If recovery operations equipment is already subject to another 
subpart of 40 CFR part 63 on September 5, 1996, that recovery 
operations equipment shall be assigned to the process unit subject to 
the other subpart.
    (2) If recovery operations equipment is dedicated to a single 
process unit, the recovery operations equipment shall be assigned to 
that process unit.
    (3) If recovery operations equipment is shared among process units, 
then the recovery operations equipment shall be assigned to that 
process unit located on the same plant site as the recovery operations 
equipment that has the greatest input into or output from the recovery 
operations equipment (i.e., that process unit has the predominant use 
of the recovery operations equipment).
    (4) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if one of those 
process units is an EPPU subject to this subpart, the recovery 
operations equipment shall be assigned to the EPPU subject to this 
subpart.
* * * * *
    (6) If the predominant use of recovery operations equipment varies 
from year to year, then the predominant use shall be determined based 
on the utilization that occurred during the year preceding September 5, 
1996 for existing affected sources or based on the expected utilization 
for the 5 years following September 5, 1996 for existing affected 
sources, whichever is the more representative of the expected 
operations for the recovery operations equipment, and based on the 
expected utilization for the first 5 years after initial start-up for 
new affected sources. The determination of predominant use shall be 
reported in the Notification of Compliance Status, as required by 
Sec. 63.506(e)(5)(viii).
    (7) If a piece of recovery operations equipment begins receiving 
material from a process unit that was not included in the initial 
determination, or ceases to receive material from a process unit that 
was included in the initial determination, the owner or operator shall 
reevaluate the applicability of this subpart to that recovery 
operations equipment.
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(4) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(5) provides examples of what are and are not considered 
process changes for purposes of paragraph (i) of this section. 
Paragraph (i)(6) of this section discusses reporting requirements.
    (1) Adding an EPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators 
that add one or more EPPUs to a plant site.
    (i) If a group of one or more EPPUs that produce the same primary 
product is added to a plant site, the added group of one or more EPPUs 
and 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

[[Page 38041]]

in this subpart upon initial start-up or by June 19, 2000, whichever is 
later, if the added group of one or more EPPUs meets the criteria in 
either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section, and if 
the criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this 
section are met.
    (A) The construction of the group of one or more EPPUs commenced 
after June 12, 1995.
    (B) The construction or reconstruction, for process units that have 
become EPPUs, commenced after June 12, 1995.
    (C) The group of one or more EPPUs and associated equipment, as 
listed in paragraph (a)(4) of this section, has the potential to emit 
10 tons per year or more of any HAP or 25 tons per year or more of any 
combination of HAP, and the primary product of the group of one or more 
EPPUs is currently produced at the plant site as the primary product of 
an affected source; or
    (D) The primary product of the group of one or more EPPUs is not 
currently produced at the plant site as the primary product of an 
affected source, and the plant site meets, or after the addition of the 
group of one or more EPPUs and associated equipment, as listed in 
paragraph (a)(4) of this section, will meet the definition of a major 
source.
    (ii) If a group of one or more EPPUs that produce the same primary 
product is added to a plant site, and the group of one or more EPPUs 
does not meet the criteria specified in paragraph (i)(1)(i) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the group of one or more EPPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, 
shall comply with the requirements for an existing affected source in 
this subpart upon initial start-up; by June 19, 2001; or by 6 months 
after notifying the Administrator that a process unit has been 
designated as an EPPU (in accordance with paragraph (f)(3)(iii) of this 
section), whichever is later.
    (2) * * *
    (i) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(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 19, 2000, 
whichever is later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec. 63.482(b); and
* * * * *
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) and 
(i)(2)(i)(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, back-end process operations subject to 
Secs. 63.493 and 63.500, and heat exchange systems and equipment leak 
components subject Sec. 63.502), 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. 63.481 (i.e., July 31, 1997 for most equipment leak components 
subject to Sec. 63.502, and June 19, 2001 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, back-end process operations subject to 
Secs. 63.493 through 63.500, and heat exchange systems and equipment 
leak components subject to Sec. 63.502), 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 120 days after the date of initial start-up or by the 
appropriate compliance date specified in Sec. 63.481 (i.e., July 31, 
1997 for most equipment leak components subject to Sec. 63.502, and 
June 19, 2001 for emission points other than equipment leaks), 
whichever is later.
    (3) Existing affected source requirements for surge control vessels 
and bottoms receivers that become subject to subpart H requirements. If 
a process change or the addition of an emission point causes a surge 
control vessel or bottoms receiver to become subject to Sec. 63.170 
under this paragraph (i), the owner or operator shall be in compliance 
upon initial start-up or by June 19, 2001, whichever is later.
    (4) Existing affected source requirements for compressors that 
become subject to subpart H requirements. If a process change or the 
addition of an emission point causes a compressor to become subject to 
Sec. 63.164 under this paragraph (i), the owner or operator shall be in 
compliance upon initial start-up or by the compliance date for that 
compressor, as specified in Sec. 63.481(d), whichever is later.
    (5) Determining what are and are not process changes. For purposes 
of paragraph (i) of this section, examples of process changes include, 
but are not limited to, changes in feedstock type or process catalyst 
type, or whenever the replacement, removal, or addition of recovery 
equipment, or equipment changes that increase production capacity. For 
purposes of paragraph (i) 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.
    (6) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. Owners or operators that 
change or add to their plant site or affected source, as discussed in 
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as 
specified in Sec. 63.506(e)(7)(v).
    (j) Applicability of this subpart during periods of start-up, 
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through 
(j)(4) of this section shall be followed during periods of start-up, 
shutdown, malfunction, or non-operation of the affected source or any 
part thereof.
    (1) The emission limitations set forth in this subpart and the 
emission limitations referred to in this subpart shall apply at all 
times except during periods of non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. The emission limitations of this subpart 
and the emission limitations referred to in this subpart shall not 
apply during periods of start-up, shutdown, or malfunction, except as 
provided in paragraphs (j)(3) and (j)(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. 63.506(b)(1). However, if a start-up, 
shutdown, malfunction, or period of non-operation of one portion of an 
affected source does not affect the ability of a particular emission 
point to comply with the emission limitations to which it is subject, 
then that emission point shall still be required to comply with the 
applicable emission limitations of this subpart during the start-up, 
shutdown, malfunction, or period of non-operation. For example, if 
there is

[[Page 38042]]

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 emission limitations in Sec. 63.484. Similarly, the 
degassing of a storage vessel would not affect the ability of a batch 
front-end process vent to meet the emission limitations of Secs. 63.486 
through 63.492.
    (2) The emission limitations set forth in subpart H of this part, 
as referred to in Sec. 63.502, shall apply at all times except during 
periods of non-operation of the affected source (or specific portion 
thereof) in which the lines are drained and depressurized resulting in 
cessation of the emissions to which Sec. 63.502 applies, or during 
periods of start-up, shutdown, malfunction, or process unit shutdown 
(as defined in Sec. 63.161).
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
periods of start-up, shutdown, or malfunction during times when 
emissions (or, where applicable, wastewater streams or residuals) are 
being routed to such items of equipment if the shutdown would 
contravene requirements of this subpart applicable to such items of 
equipment. This paragraph does not apply if the item of equipment is 
malfunctioning. This paragraph also does not apply if the owner or 
operator shuts down the compliance equipment (other than monitoring 
systems) to avoid damage due to a contemporaneous start-up, shutdown, 
or malfunction of the affected source or portion thereof. If the owner 
or operator has reason to believe that monitoring equipment would be 
damaged due to a contemporaneous start-up, shutdown, or malfunction of 
the affected source or portion thereof, the owner or operator shall 
provide documentation supporting such a claim in the Precompliance 
Report or in a supplement to the Precompliance Report, as provided for 
in Sec. 63.506(e)(3). Once approved by the Administrator in accordance 
with Sec. 63.506(e)(3)(viii), the provision for ceasing to collect, 
during a start-up, shutdown, or malfunction, monitoring data that would 
otherwise be required by the provisions of this subpart must be 
incorporated into the start-up, shutdown, malfunction plan for that 
affected source, as stated in Sec. 63.506(b)(1).
    (4) During start-ups, shutdowns, and malfunctions when the emission 
limitations of this subpart do not apply pursuant to paragraphs (j)(1) 
through (j)(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. Back-up control devices are 
not required, but may be used if available.
    3. Section 63.481 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a);
    c. Revising paragraph (b);
    d. Revising paragraph (c);
    e. Revising paragraphs (d) introductory text; (d)(1) introductory 
text and (d)(2) introductory text;
    f. Revising paragraphs (d)(2)(i), (d)(2)(ii), and (d)(2)(iv);
    i. Revising paragraph (d)(3);
    j. Revising paragraph (d)(4) introductory text;
    k. Revising paragraph (d)(5);
    l. Revising paragraph (d)(6);
    m. Revising paragraph (e);
    n. Revising paragraph (h)(2);
    o. Revising paragraph (i);
    p. Revising paragraph (j); and
    q. Adding paragraphs (k), (l), and (m).
    The revisions and additions read as follows:


Sec. 63.481  Compliance dates and relationship of this subpart to 
existing applicable rules.

    (a) Affected sources are required to achieve compliance on or 
before the dates specified in paragraphs (b) through (d) of this 
section. Paragraph (e) of this section provides information on 
requesting compliance extensions. Paragraphs (f) through (l) of this 
section discuss the relationship of this subpart to subpart A and to 
other applicable rules. Where an override of another authority of the 
Act is indicated in this subpart, only compliance with the provisions 
of this subpart is required. Paragraph (m) of this section specifies 
the meaning of time periods.
    (b) New affected sources that commence construction or 
reconstruction after June 12, 1995 shall be in compliance with this 
subpart upon initial start-up or by June 19, 2000, whichever is later.
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.502 for which compliance is covered by 
paragraph (d) of this section) no later than June 19, 2001, as provided 
in Sec. 63.6(c), unless an extension has been granted as specified in 
paragraph (e) of this section.
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.502 no later than July 31, 1997, unless an extension has been 
granted pursuant to paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than September 5, 1997 for any compressor meeting one or 
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this 
section, if the work can be accomplished without a process unit 
shutdown, as defined in Sec. 63.161.
* * * * *
    (2) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than March 5, 1998, for any compressor meeting all the 
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown 
as defined in Sec. 63.161;
* * * * *
    (iv) The owner or operator submits the request for a compliance 
extension to the appropriate U.S. Environmental Protection Agency (EPA) 
Regional Office at the address listed in Sec. 63.13 no later than 45 
days before the compliance date. The request for a compliance extension 
shall contain the information specified in Sec. 63.6(i)(6)(i)(A), (B), 
and (D). Unless the EPA Regional Office objects to the request for a 
compliance extension within 30 days after receipt of the request, the 
request shall be deemed approved.
    (3) If compliance with the compressor provisions of Sec. 63.164 
cannot reasonably be achieved without a process unit shutdown, the 
owner or operator shall achieve compliance no later than September 5, 
1998. The owner or operator who elects to use this provision shall 
submit a request for an extension of compliance in accordance with the 
requirements of paragraph (d)(2)(iv) of this section.
    (4) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than September 5, 1999 for any compressor meeting one or 
more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of 
this section. The owner or operator who elects to use these provisions 
shall submit a request for an extension of compliance in accordance

[[Page 38043]]

with the requirements of paragraph (d)(2)(iv) of this section.
* * * * *
    (5) Compliance with the surge control vessel and bottoms receiver 
provisions of Sec. 63.170 shall occur no later than June 19, 2001.
    (6) Compliance with the heat exchange system provisions of 
Sec. 63.104 shall occur no later than June 19, 2001.
    (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, except as provided in paragraph (e)(3) of this 
section. The dates specified in Sec. 63.6(i) for submittal of requests 
for extensions shall not apply to this subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
    (2) The requirements in Secs. 63.6(i)(8) through 63.6(i)(14) shall 
govern the review and approval of requests for extensions of compliance 
with this subpart.
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided 
that the need for the compliance extension arose after that date, and 
the need arose due to circumstances beyond reasonable control of the 
owner or operator. This request shall include, in addition to the 
information specified in paragraph (e)(1) of this section, a statement 
of the reasons additional time is needed and the date when the owner or 
operator first learned of the circumstances necessitating a request for 
a compliance extension under this paragraph (e)(3).
* * * * *
    (h) * * *
    (2) Sources subject to 40 CFR part 63, subpart I that have elected 
to comply through a quality improvement program, as specified in 
Sec. 63.175 or Sec. 63.176 or both, may elect to continue these 
programs without interruption as a means of complying with this 
subpart. In other words, becoming subject to this subpart does not 
restart or reset the ``compliance clock'' as it relates to reduced 
burden earned through a quality improvement program.
    (i) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
and that is also subject to the provisions of 40 CFR part 60, subpart 
Kb is required to comply only with the provisions of this subpart. 
After the compliance dates specified in this section, that storage 
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
    (j) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, is required to comply only 
with the provisions of this subpart. After the compliance dates 
specified in this section, the source shall no longer be subject to 40 
CFR part 60, subpart VV.
    (k) Applicability of other regulations for monitoring, 
recordkeeping or reporting with respect to combustion devices, recovery 
devices, or recapture devices. After the compliance dates specified in 
this subpart, if any combustion device, recovery device or recapture 
device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264 subpart AA 
or CC, or is subject to monitoring and recordkeeping requirements in 40 
CFR part 265 subpart AA or CC and the owner or operator complies with 
the periodic reporting requirements under 40 CFR part 264 subpart AA or 
CC that would apply to the device if the facility had final-permitted 
status, the owner or operator may elect to comply either with the 
monitoring, recordkeeping and reporting requirements of this subpart, 
or with the monitoring, recordkeeping and reporting requirements in 40 
CFR parts 264 and/or 265, as described in this paragraph, which shall 
constitute compliance with the monitoring, recordkeeping and reporting 
requirements of this subpart. The owner or operator shall identify 
which option has been selected in the Notification of Compliance Status 
required by Sec. 63.506(e)(5).
    (l) Applicability of other requirements for heat exchange systems 
or waste management units. Paragraphs (l)(1) and (l)(2) of this section 
address instances in which certain requirements from other regulations 
also apply for the same heat exchange system(s) or waste management 
unit(s) that are subject to this subpart.
    (1) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraphs (l)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraphs (l)(1)(i) or (ii) of this section shall constitute 
compliance with the applicable provisions of this subpart with respect 
to that heat exchange system.
    (i) Subpart F of this part.
    (ii) A subpart of this part which requires compliance with 
Sec. 63.104 (e.g., subpart JJJ of this part).
    (2) After the applicable compliance date specified in this subpart, 
if any waste management unit subject to this subpart is also subject to 
a standard identified in paragraph (l)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (l)(2)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that 
waste management unit.
    (i) Subpart G of this part.
    (ii) A subpart of this part which requires compliance with 
Secs. 63.132 through 63.147 (e.g., subpart JJJ of this part).
    (m) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., monthly, quarterly, annual), unless 
specified otherwise in the section or paragraph that imposes the 
requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by 
mutual agreement between the owner or operator and the Administrator, 
as specified in subpart A of this part (e.g., a period could begin on 
the compliance date or another date, rather than on the first day of 
the standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraphs (m)(2)(i) or (m)(2)(ii) of this 
section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 2 weeks for tasks that shall be performed monthly, at 
least 1 month for tasks that shall be performed each quarter, or at 
least 3 months for tasks that shall be performed annually; or

[[Page 38044]]

    (ii) In all other cases, compliance shall be required before the 
end of the first full standard calendar period after the period within 
which the initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.
    4. Section 63.482 is amended by:
    a. Revising paragraph (a);
    b. Amending paragraph (b) by revising the definitions for 
``Aggregate batch vent stream,'' ``Batch front-end process vent,'' 
``Batch process,'' ``Batch unit operation,'' ``Compounding unit,'' 
``Continuous front-end process vent,'' ``Continuous process,'' 
``Continuous unit operation,'' ``Control device,'' ``Elastomer 
product,'' ``Elastomer product process unit (EPPU),'' ``Elastomer 
type,'' ``Emission point,'' ``Emulsion process,'' ``Epichlorohydrin 
elastomer,'' ``Ethylene-propylene rubber,'' ``Front-end,'' ``Grade,'' 
``Group 1 batch front-end process vent,'' ``Group 1 continuous front-
end process vent,'' ``Group 2 continuous front-end process vent,'' 
``Group 1 wastewater stream,'' ``Halogenated continuous front-end 
process vent,'' ``Nitrile butadiene rubber,'' ``Organic hazardous air 
pollutant(s) (organic HAP),'' ``Process unit,'' ``Process vent,'' 
``Product,'' ``Recovery operations equipment,'' ``Resin,'' ``Steady-
state conditions,'' ``Storage vessel,'' ``Supplemental combustion 
air,'' ``Suspension process,'' and ``Total organic compounds (TOC)'';
    c. Amending paragraph (b) by removing the definitions of ``Average 
flow rate,'' ``Batch cycle limitation,'' ``Mass process,'' ``Material 
recovery section,'' ``Month,'' ``Polybutadiene rubber/styrene butadiene 
rubber by solution,'' ``Polymerization reaction section,'' ``Raw 
materials preparation section,'' ``Solid state polymerization unit,'' 
``Stripping Technology,'' and ``Year,''; and
    d. Amending paragraph (b) by adding definitions for the terms 
``Annual average batch vent concentration,'' ``Annual average batch 
vent flow rate,'' ``Annual average concentration,'' ``Annual average 
flow rate,'' ``Average batch vent concentration,'' ``Average batch vent 
flow rate'', ``Batch mass input limitation,'' ``Batch mode,'' ``Block 
polymer,'' ``Combined vent stream,'' ``Construction,'' ``Continuous 
mode,'' ``Continuous record,'' ``Continuous recorder,'' ``Equipment,'' 
``Existing affected source,'' ``Existing process unit,'' ``Flexible 
operation unit,'' ``Glass transition temperature,'' ``Highest-HAP 
recipe,'' ``Initial start-up,'' ``Maintenance wastewater,'' ``Maximum 
true vapor pressure,'' ``Multicomponent system,'' ``New process unit,'' 
``On-site or on site,'' ``Operating day,'' ``Polybutadiene rubber by 
solution,'' ``Recipe,'' ``Reconstruction,'' ``Recovery device,'' 
``Residual,'' ``Shutdown,'' ``Start-up,'' ``Stripper,'' ``Stripping,'' 
``Styrene butadiene rubber by solution,'' ``Total resource 
effectiveness index value or TRE index value,'' ``Vent stream,'' 
``Waste management unit,'' ``Wastewater,'' and ``Wastewater stream.''
    The revisions and additions read as follows:


Sec. 63.482  Definitions.

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

Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Heat exchange system (Sec. 63.101)
Impurity (Sec. 63.101)
Incinerator (Sec. 63.111)
In organic hazardous air pollutant service or in organic HAP service 
(Sec. 63.161)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)
    (b) * * *
    Aggregate batch vent stream means a gaseous emission stream 
containing only the exhausts from two or more batch front-end process 
vents that are ducted, hard-piped, or otherwise connected together for 
a continuous flow.
    Annual average batch vent concentration is determined using 
Equation 17, as described in Sec. 63.488(h)(2) for halogenated 
compounds.
    Annual average batch vent flow rate is determined by the procedures 
in Sec. 63.488(e)(3).
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.144(b), with the 
exceptions noted in Sec. 63.501, for the purposes of this subpart.
    Annual average flow rate, as used in the wastewater provisions, 
means the

[[Page 38045]]

annual average flow rate, as determined according to the procedures 
specified in Sec. 63.144(c), with the exceptions noted in Sec. 63.501, 
for the purposes of this subpart.
    Average batch vent concentration is determined by the procedures in 
Sec. 63.488(b)(5)(iii) for HAP concentrations and is determined by the 
procedures in Sec. 63.488(h)(1)(iii) for organic compounds containing 
halogens and hydrogen halides.
    Average batch vent flow rate is determined by the procedures in 
Sec. 63.488(e)(1) and (e)(2).
* * * * *
    Batch front-end process vent means a process vent with annual 
organic HAP emissions greater than 225 kilograms per year from a batch 
unit operation within an affected source and located in the front-end 
of a process unit. Annual organic HAP emissions are determined as 
specified in Sec. 63.488(b) at the location specified in 
Sec. 63.488(a)(2).
    Batch mass input limitation means an enforceable restriction on the 
total mass of HAP or material that can be input to a batch unit 
operation in one year.
    Batch mode means the discontinuous bulk movement of material 
through a unit operation. Mass, temperature, concentration, and other 
properties may vary with time. For a unit operation operated in a batch 
mode (i.e., batch unit operation), the addition of material and 
withdrawal of material do not typically occur simultaneously.
    Batch process means, for the purposes of this subpart, a process 
where the reactor(s) is operated in a batch mode.
    Batch unit operation means a unit operation operated in a batch 
mode.
    Block polymer means a polymer where the polymerization is 
controlled, usually by performing discrete polymerization steps, such 
that the final polymer is arranged in a distinct pattern of repeating 
units of the same monomer.
* * * * *
    Combined vent stream, as used in reference to batch front-end 
process vents, continuous front-end process vents, and aggregate batch 
vent streams, means the emissions from a combination of two or more of 
the aforementioned types of process vents. The primary occurrence of a 
combined vent stream is as combined emissions from a continuous front-
end process vent and a batch front-end process vent.
* * * * *
    Compounding unit means a unit operation which blends, melts, and 
resolidifies solid polymers for the purpose of incorporating additives, 
colorants, or stabilizers into the final elastomer product. A unit 
operation whose primary purpose is to remove residual monomers from 
polymers is not a compounding unit.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction also means the on-site 
fabrication, erection, or installation of a process unit or combination 
of process units which subsequently becomes an affected source or part 
of an affected source, due to a change in primary product.
    Continuous front-end process vent means a process vent located in 
the front-end of a process unit and containing greater than 0.005 
weight percent total organic HAP from a continuous unit operation 
within an affected source. The total organic HAP weight percent is 
determined after the last recovery device, as described in 
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c).
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other properties 
typically approach steady-state conditions. For a unit operation 
operated in a continuous mode (i.e., continuous unit operation), the 
simultaneous addition of raw material and withdrawal of product is 
typical.
    Continuous process means, for the purposes of this subpart, a 
process where the reactor(s) is operated in a continuous mode.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.506(d) or 
(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1--hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device is defined in Sec. 63.111, except that the term 
``continuous front-end process vent'' shall apply instead of the term 
``process vent,'' for the purpose of this subpart.
* * * * *
    Elastomer product means one of the following types of products, as 
they are defined in this section:
    (1) Butyl Rubber;
    (2) Halobutyl Rubber;
    (3) Epichlorohydrin Elastomer;
    (4) Ethylene Propylene Rubber;
    (5) HypalonTM;
    (6) Neoprene;
    (7) Nitrile Butadiene Rubber;
    (8) Nitrile Butadiene Latex;
    (9) Polybutadiene Rubber/Styrene Butadiene Rubber by Solution;
    (10) Polysulfide Rubber;
    (11) Styrene Butadiene Rubber by Emulsion; and
    (12) Styrene Butadiene Latex.
    Elastomer product process unit (EPPU) means a collection of 
equipment assembled and connected by hard-piping or duct work, used to 
process raw materials and to manufacture an elastomer product as its 
primary product. This collection of equipment includes unit operations; 
recovery operations equipment; process vents; storage vessels, as 
determined in Sec. 63.480(g); equipment that is identified in 
Sec. 63.149; and the equipment that is subject to the equipment leak 
provisions as specified in Sec. 63.502. Utilities, lines and equipment 
not containing process fluids, and other non-process lines, such as 
heating and cooling systems which do not combine their materials with 
those in the processes they serve, are not part of an elastomer product 
process unit. An elastomer product process unit consists of more than 
one unit operation.
    Elastomer type means one of the elastomers listed under ``elastomer 
product'' in this section. Each elastomer identified in that definition 
represents a different elastomer type.
    Emission point means an individual continuous front-end process 
vent, batch front-end process vent, back-end process vent, storage 
vessel, waste management unit, heat exchange system, or equipment leak, 
or equipment subject to Sec. 63.149.
    Emulsion process means a process where the monomer(s) is dispersed 
in droplets throughout a water phase, with the aid of an emulsifying 
agent such as soap or a synthetic emulsifier. The polymerization occurs 
either within the emulsion droplet or in the aqueous phase.
    Epichlorohydrin elastomer means an elastomer formed from the 
polymerization or copolymerization of epichlorohydrin (EPI). The main 
epichlorohydrin elastomers are polyepichlorohydrin, epi-ethylene oxide 
(EO) copolymer, epi-allyl glycidyl ether (AGE) copolymer, and epi-EO-
AGE terpolymer. Epoxies produced by the copolymerization of EPI and 
bisphenol A are not epichlorohydrin elastomers.
    Equipment means, for the purposes of the provisions in 
Sec. 63.502(a) through (m) and the requirements in subpart H that are 
referred to in Sec. 63.502(a) through (m), each pump, compressor, 
agitator, pressure relief device, sampling connection system, open-
ended valve or line, valve, connector, surge control vessel, bottoms 
receiver, and

[[Page 38046]]

instrumentation system in organic hazardous air pollutant service; and 
any control devices or systems required by subpart H of this part.
    Ethylene-propylene rubber means an ethylene-propylene copolymer or 
an ethylene-propylene terpolymer. Ethylene-propylene copolymers (EPM) 
result from the polymerization of ethylene and propylene and contain a 
saturated chain of the polymethylene type. Ethylene-propylene 
terpolymers (EPDM) are produced in a similar manner as EPM, except that 
a third monomer is added to the reaction sequence. Typical third 
monomers include ethylidene norbornene, 1,4-hexadiene, or 
dicyclopentadiene. Ethylidene norbornene is the most commonly used. The 
production process includes, but is not limited to, polymerization, 
recycle, recovery, and packaging operations. The polymerization 
reaction may occur in either a solution process or a suspension 
process.
    Existing affected source is defined in Sec. 63.480(a)(3).
    Existing process unit means any process unit that is not a new 
process unit.
* * * * *
    Flexible operation unit means a process unit that manufactures 
different chemical products, polymers, or resins periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Front-end refers to the unit operations in an EPPU prior to, and 
including, the stripping operations. For all gas-phased reaction 
processes, all unit operations are considered to be front-end.
* * * * *
    Glass transition temperature means the temperature at which an 
elastomer polymer becomes rigid and brittle.
    Grade means a group of recipes of an elastomer type having similar 
characteristics such as molecular weight, monomer composition, 
significant mooney values, and the presence or absence of extender oil 
and/or carbon black. More than one recipe may be used to produce the 
same grade.
    Group 1 batch front-end process vent means a batch front-end 
process vent releasing annual organic HAP emissions greater than or 
equal to 11,800 kg/yr and with a cutoff flow rate, calculated in 
accordance with Sec. 63.488(f), greater than or equal to the annual 
average batch vent flow rate. Annual organic HAP emissions and annual 
average batch vent flow rate are determined at the exit of the batch 
unit operation, as described in Sec. 63.488(a)(2). Annual organic HAP 
emissions are determined as specified in Sec. 63.488(b), and annual 
average batch vent flow rate is determined as specified in 
Sec. 63.488(e).
* * * * *
    Group 1 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is greater than or equal to 
0.005 standard cubic meter per minute, the total organic HAP 
concentration is greater than or equal to 50 parts per million by 
volume, and the total resource effectiveness index value, calculated 
according to Sec. 63.115, is less than or equal to 1.0.
    Group 2 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is less than 0.005 standard 
cubic meter per minute, the total organic HAP concentration is less 
than 50 parts per million by volume, or the total resource 
effectiveness index value, calculated according to Sec. 63.115, is 
greater than 1.0.
* * * * *
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater from an existing or new affected source that meets 
the criteria for Group 1 status in Sec. 63.132(c), with the exceptions 
listed in Sec. 63.501(a)(10) for the purposes of this subpart (i.e., 
for organic HAP listed on Table 5 of this subpart only).
* * * * *
    Halogenated continuous front-end process vent means a continuous 
front-end process vent determined to have a mass emission rate of 
halogen atoms contained in organic compounds of 0.45 kg/hr or greater 
determined by the procedures presented in Sec. 63.115(d)(2)(v).
* * * * *
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of HAP charged to the reactor during the 
production of a single batch of product.
* * * * *
    Initial start-up means the first time a new or reconstructed 
affected source begins production of an elastomer product, or, for 
equipment added or changed as described in Sec. 63.480(i), the first 
time the equipment is put into operation to produce an elastomer 
product. Initial start-up does not include operation solely for testing 
equipment. Initial start-up does not include subsequent start-ups of an 
affected source or portion thereof following malfunctions or shutdowns 
or following changes in product for flexible operation units or 
following recharging of equipment in batch operation. Further, for 
purposes of Sec. 63.502, initial start-up does not include subsequent 
start-ups of affected sources or portions thereof following 
malfunctions or process unit shutdowns.
* * * * *
    Maintenance wastewater is defined in Sec. 63.101, except that the 
term ``elastomer product process unit'' shall apply whenever the term 
``chemical manufacturing process unit'' is used. Further, the 
generation of wastewater from the routine rinsing or washing of 
equipment in batch operation between batches is not maintenance 
wastewater, but is considered to be process wastewater, for the 
purposes of this subpart.
    Maximum true vapor pressure is defined in Sec. 63.111, except that 
the terms ``transfer'' and ``transferred'' shall not apply for the 
purposes of this subpart.
    Multicomponent system means, as used in conjunction with batch 
front-end process vents, a stream whose liquid and/or vapor contains 
more than one compound.
* * * * *
    New process unit means a process unit for which the construction or 
reconstruction commenced after June 12, 1995.
* * * * *
    Nitrile butadiene rubber means a polymer consisting primarily of 
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, not including nitrile butadiene latex.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location within a major 
source which encompasses the affected source. On-site includes, but is 
not limited to, storage at the affected source or EPPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec. 63.506(e)(5). 
The operating day is the period for which daily average monitoring 
values and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 5 of this subpart or any other 
chemical which:
    (1) Is knowingly produced or introduced into the manufacturing 
process other than as an impurity; and
    (2) Is listed in Table 2 of subpart F of this part.

[[Page 38047]]

    Polybutadiene rubber by solution means a polymer of 1,3-butadiene 
produced using a solution process.
* * * * *
    Process unit means a collection of equipment assembled and 
connected by hard-piping or duct work, used to process raw materials 
and to manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
that is discharged to the atmosphere either directly or after passing 
through one or more control, recovery, or recapture devices. Unit 
operations that may have process vents are condensers, distillation 
units, reactors, or other unit operations within the EPPU. Process 
vents exclude pressure releases, gaseous streams routed to a fuel gas 
system(s), and leaks from equipment regulated under Sec. 63.502. A 
gaseous emission stream is no longer considered to be a process vent 
after the stream has been controlled and monitored in accordance with 
the applicable provisions of this subpart.
    Product means a polymer produced using the same monomers and 
varying in additives (e.g., initiators, terminators, etc.); catalysts; 
or in the relative proportions of monomers, that is manufactured by a 
process unit. With respect to polymers, more than one recipe may be 
used to produce the same product, and there can be more than one grade 
of a product. As an example, styrene butadiene latex and halobutyl 
rubber each represent a different product. Product also means a 
chemical that is not a polymer, that is manufactured by a process unit. 
By-products, isolated intermediates, impurities, wastes, and trace 
contaminants are not considered products.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers 
and, if present, other reactants and additives that are used to make 
the recipe. For example, styrene butadiene latex without additives; 
styrene butadiene latex with an additive; and styrene butadiene latex 
with different proportions of styrene to butadiene are all different 
recipes of the same product, styrene butadiene latex.
    Reconstruction means the addition of new components or the 
replacement of existing components at an affected source or at a 
previously unaffected stationary source that becomes an affected source 
as a result of the change, to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new affected source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    Recovery device means:
    (1) An individual unit of equipment capable of and normally used 
for the purpose of recovering chemicals for:
    (i) Use;
    (ii) Reuse;
    (iii) Fuel value (i.e., net heating value); or
    (iv) For sale for use, reuse, or fuel value (i.e., net heating 
value).
    (2) Examples of equipment that may be recovery devices include 
absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin film evaporation units. For the purposes of the 
monitoring, recordkeeping, or reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Recovery operations equipment means the equipment used to separate 
the components of process streams. Recovery operations equipment 
includes distillation units, condensers, etc. Equipment used for 
wastewater treatment and recovery or recapture devices used as control 
devices shall not be considered recovery operations equipment.
    Residual is defined in Sec. 63.111, except that when the definition 
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed in Table 5 of subpart U of this part'' shall apply, for the 
purposes of this subpart.
    Resin, for the purposes of this subpart, means a polymer with the 
following characteristics:
    (1) The polymer is a block polymer;
    (2) The manufactured polymer does not require vulcanization to make 
useful products;
    (3) The polymer production process is operated to achieve at least 
99 percent monomer conversion; and
    (4) The polymer process unit does not recycle unreacted monomer 
back to the process.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, an EPPU within an affected source, a 
waste management unit or unit operation within an affected source, or 
equipment required or used to comply with this subpart, or the emptying 
or degassing of a storage vessel. For purposes of the wastewater 
provisions of Sec. 63.501, shutdown does not include the routine 
rinsing or washing of equipment in batch operation between batches. For 
purposes of the batch front-end process vent provisions in Secs. 63.486 
through 63.492, the cessation of equipment in batch operation is not a 
shutdown, unless the equipment undergoes maintenance, is replaced, or 
is repaired.
* * * * *
    Start-up means the setting into operation of an affected source, an 
EPPU within the affected source, a waste management unit or unit 
operation within an affected source, or equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For both continuous and batch front-end processes, start-up 
includes initial start-up and operation solely for testing equipment. 
For both continuous and batch front-end processes, start-up does not 
include the recharging of equipment in batch operation. For continuous 
front-end processes, start-up includes transitional conditions due to 
changes in product for flexible operation units. For batch front-end 
processes, start-up does not include transitional conditions due to 
changes in product for flexible operation units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP, or organic HAP as impurities only;
    (5) Surge control vessels and bottoms receivers; and
    (6) Wastewater storage tanks.
    Stripper means a unit operation where stripping occurs.
    Stripping means the removal of organic compounds from a raw 
elastomer product. In the production of an elastomer, stripping is a 
discrete step that occurs after the reactors and before the dryers 
(other than those dryers with a primary purpose of devolitalization) 
and other finishing operations.

[[Page 38048]]

Examples of types of stripping include steam stripping, direct 
volatilization, chemical stripping, and other methods of 
devolatilization. For the purposes of this subpart, devolatilization 
that occurs in dryers (other than those dryers with a primary purpose 
of devolitalization), extruders, and other finishing operations is not 
stripping.
* * * * *
    Styrene butadiene rubber by solution means a polymer that consists 
primarily of styrene and butadiene monomer units and is produced using 
a solution process.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic 
oxidizers, to include the intermittent addition of air upstream of the 
catalyst bed to maintain a minimum threshold flow rate through the 
catalyst bed or to avoid excessive temperatures in the catalyst bed, is 
not considered to be supplemental combustion air.
    Suspension process means a polymerization process where the 
monomer(s) is in a state of suspension, with the help of suspending 
agents in a medium other than water (typically an organic solvent). The 
resulting polymers are not soluble in the reactor medium.
    Total organic compounds (TOC) means those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 
or Method 25A, 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a continuous front-end process 
vent stream, based on vent stream flow rate, emission rate of organic 
HAP, net heating value, and corrosion properties (whether or not the 
continuous front-end process vent stream contains halogenated 
compounds), as quantified by the equations given under Sec. 63.115, 
with the exceptions noted in Sec. 63.485.
    Vent stream, as used in reference to batch front-end process vents, 
continuous front-end process vents, and aggregate batch vent streams, 
means the emissions from one or more process vents.
    Waste management unit is defined in Sec. 63.111, except that where 
the definition in Sec. 63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``EPPU'' shall apply for the purposes of this 
subpart.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP listed in Table 
5 of this subpart of at least 5 parts per million by weight and has an 
annual average flow rate of 0.02 liter per minute or greater; or
    (ii) An annual average concentration of organic HAP listed on Table 
5 of this subpart of at least 10,000 parts per million by weight at any 
flow rate; and
    (2) Is discarded from an EPPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.
    Wastewater stream means a stream that contains wastewater as 
defined in this section.
    5. Section 63.483 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (b);
    c. Revising paragraph (c); and
    d. Adding paragraph (d).
    The revisions and addition read as follows:


Sec. 63.483  Emission standards.

    (a) Except as allowed under paragraphs (b) through (d) of this 
section, the owner or operator of an existing or new affected source 
shall comply with the provisions in:
* * * * *
    (b) When emissions of different kinds (i.e., emissions from 
continuous front-end process vents, batch front-end process vents, 
aggregate batch vent streams, storage vessels, process wastewater, and/
or in-process equipment subject to Sec. 63.149) are combined, and at 
least one of the emission streams would be classified as Group 1 in the 
absence of combination with other emission streams, the owner or 
operator of an affected source shall comply with the requirements of 
either paragraph (b)(1) or (b)(2) of this section, as appropriate. For 
purposes of this paragraph (b), owners or operators of affected sources 
with combined emission streams containing one or more batch front-end 
process vents and containing one or more continuous front-end process 
vents may comply with either paragraph (b)(1) or (b)(2) of this 
section, as appropriate. For purposes of this paragraph (b), owners or 
operators of affected sources with combined emission streams containing 
one or more batch front-end process vents but not containing one or 
more continuous process vents shall comply with paragraph (b)(3) of 
this section.
    (1) Comply with the applicable requirements of this subpart for 
each kind of emission in the stream as specified in paragraphs (a)(1) 
through (a)(6) of this section.
    (2) Comply with the first set of requirements, identified in 
paragraphs (b)(2)(i) through (b)(2)(v) of this section, which applies 
to any individual emission stream that is included in the combined 
stream, where either that emission stream would be classified as Group 
1 in the absence of combination with other emission streams, or the 
owner or operator chooses to consider that emission stream to be Group 
1 for purposes of this paragraph. Compliance with the first applicable 
set of requirements identified in paragraphs (b)(2)(i) through 
(b)(2)(v) of this section constitutes compliance with all other 
requirements in paragraphs (b)(2)(i) through (b)(2)(v) of this section 
applicable to other types of emissions in the combined stream.
    (i) The requirements of this subpart for Group 1 continuous front-
end process vents, including applicable monitoring, recordkeeping, and 
reporting;
    (ii) The requirements of Sec. 63.119(e), as specified in 
Sec. 63.484, for control of emissions from Group 1 storage vessels, 
including applicable monitoring, recordkeeping, and reporting;
    (iii) The requirements of Sec. 63.139, as specified in Sec. 63.501, 
for control devices used to control emissions from waste management 
units, including applicable monitoring, recordkeeping, and reporting;
    (iv) The requirements of Sec. 63.139, as specified in Sec. 63.501, 
for closed vent systems for control of emissions from in-process 
equipment subject to Sec. 63.149, as specified in Sec. 63.501, 
including applicable monitoring, recordkeeping, and reporting; or
    (v) The requirements of this subpart for aggregate batch vent 
streams, including applicable monitoring, recordkeeping, and reporting.
    (3) The owner or operator of an affected source with combined 
emission streams containing one or more batch front-end process vents, 
but not containing one or more continuous front-end process vents, 
shall comply with paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The owner or operator of the affected source shall comply with 
Sec. 63.486 for the batch front-end process vent stream(s).
    (ii) The owner or operator of the affected source shall comply with 
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for 
the remaining emission streams.

[[Page 38049]]

    (c) Instead of complying with Secs. 63.484, 63.485, 63.493, and 
63.501, the owner or operator of an existing affected source may elect 
to control any or all of the storage vessels, continuous front-end 
process vents, batch front-end process vents, aggregate batch vent 
streams, back-end process emissions, and wastewater streams and 
associated waste management units within the affected source, to 
different levels using an emissions averaging compliance approach that 
uses the procedures specified in Sec. 63.503. The restrictions 
concerning which emission points may be included in an emissions 
average, including how many emission points may be included, are 
specified in Sec. 63.503(a)(1). An owner or operator electing to use 
emissions averaging shall still comply with the provisions of 
Secs. 63.484, 63.485, 63. 486, 63.493, and 63.501 for affected source 
emission points not included in the emissions average.
    (d) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (c) of this 
section.
    6. Section 63.484 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b)(2);
    c. Revising paragraph (c);
    d. Revising paragraph (d);
    e. Revising paragraph (e);
    f. Revising paragraph (f);
    g. Revising paragraph (g);
    h. Revising paragraph (h);
    i. Revising paragraph (i) introductory text;
    j. Revising paragraph (i)(1);
    k. Revising paragraph (j);
    l. Revising paragraph (k);
    m. Revising paragraph (l);
    n. Revising paragraph (m);
    o. Revising paragraph (n);
    p. Revising paragraph (o);
    q. Revising paragraph (p);
    r. Revising paragraph (q);
    s. Adding paragraph (r); and
    t. Adding paragraph (s).
    The revisions and additions read as follows:


Sec. 63.484  Storage vessel provisions.

    (a) This section applies to each storage vessel that is assigned to 
an affected source, as determined by Sec. 63.480(g). Except for those 
storage vessels exempted by paragraph (b) of this section, the owner or 
operator of affected sources shall comply with the requirements of 
Secs. 63.119 through 63.123 and 63.148, with the differences noted in 
paragraphs (c) through (s) of this section, for the purposes of this 
subpart.
    (b) * * *
    (2) Storage vessels containing latex products other than styrene-
butadiene latex, located downstream of the stripping operations;
* * * * *
    (c) When the term ``storage vessel'' is used in Secs. 63.119 
through 63.123, the definition of this term in Sec. 63.482 shall apply 
for the purposes of this subpart.
    (d) When the term ``Group 1 storage vessel'' is used in 
Secs. 63.119 through 63.123, the definition of this term in Sec. 63.482 
shall apply for the purposes of this subpart.
    (e) When the term ``Group 2 storage vessel'' is used in 
Secs. 63.119 through 63.123, the definition of this term in Sec. 63.482 
shall apply for the purposes of this subpart.
    (f) When the emissions averaging provisions of Sec. 63.150 are 
referred to in Sec. 63.119 and Sec. 63.123, the emissions averaging 
provisions contained in Sec. 63.503 shall apply for the purposes of 
this subpart.
    (g) When December 31, 1992 is referred to in Sec. 63.119, June 12, 
1995 shall apply instead, for the purposes of this subpart.
    (h) When April 22, 1994 is referred to in Sec. 63.119, June 19, 
2000 shall apply instead, for the purposes of this subpart.
    (i) The owner or operator of an affected source shall comply with 
this paragraph instead of Sec. 63.120(d)(1)(ii) for the purposes of 
this subpart. If the control device used to comply with Sec. 63.119(e) 
is also used to comply with any of the requirements found in 
Secs. 63.485 through 63.501, the performance test required in or 
accepted by the applicable requirements in Secs. 63.485 through 63.501 
is acceptable for demonstrating compliance with Sec. 63.119(e), for the 
purposes of this subpart. The owner or operator will not be required to 
prepare a design evaluation for the control device as described in 
Sec. 63.120(d)(1)(i), if the performance test meets the criteria 
specified in paragraphs (i)(1) and (i)(2) of this section.
    (1) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; and
* * * * *
    (j) When the term ``range'' is used in Secs. 63.120(d)(3)(i), 
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead, 
for the purposes of this subpart.
    (k) For purposes of this subpart, the monitoring plan required by 
Sec. 63.120(d)(2) shall specify for which control devices the owner or 
operator has selected to follow the procedures for continuous 
monitoring specified in Sec. 63.505. For those control devices for 
which the owner or operator has selected to not follow the procedures 
for continuous monitoring specified in Sec. 63.505, the monitoring plan 
shall include a description of the parameter or parameters to be 
monitored to ensure that the control device is being properly operated 
and maintained, an explanation of the criteria used for selection of 
that parameter (or parameters), and the frequency with which monitoring 
will be performed (e.g., when the liquid level in the storage vessel is 
being raised), as specified in Sec. 63.120(d)(2)(i).
    (l) For purposes of this subpart, the monitoring plan required by 
Sec. 63.122(b) shall be included in the Notification of Compliance 
Status required by Sec. 63.506(e)(5).
    (m) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122, 
and 63.123, the Notification of Compliance Status requirements 
contained in Sec. 63.506(e)(5) shall apply for the purposes of this 
subpart.
    (n) When the 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. 63.506(e)(6) shall apply for the 
purposes of this subpart.
    (o) When other reports as required in Sec. 63.152(d) are referred 
to in Sec. 63.122, the reporting requirements contained in 
Sec. 63.506(e)(7) shall apply for the purposes of this subpart.
    (p) When the Initial Notification requirements contained in 
Sec. 63.151(b) are referred to in Secs. 63.119 through 63.123, for the 
purposes of this subpart the owner or operator of an affected source 
need not comply.
    (q) When the determination of equivalence criteria in 
Sec. 63.102(b) are referred to in Sec. 63.121(a), the provisions in 
Sec. 63.6(g) shall apply for the purposes of this subpart.
    (r) When Sec. 63.119(a) requires compliance according to the 
schedule provisions in Sec. 63.100, owners and operators of affected 
sources shall instead comply with the requirements in 
Secs. 63.119(a)(1) through 63.119(a)(4) by the compliance date for 
storage vessels, which is specified in Sec. 63.481.
    (s) In Sec. 63.120(e)(1), instead of the reference to 
Sec. 63.11(b), the requirements of Sec. 63.504(c) shall apply.
    7. Section 63.485 is revised to read as follows:


Sec. 63.485  Continuous front-end process vent provisions.

    (a) For each continuous front-end process vent located at an 
affected source, the owner or operator shall

[[Page 38050]]

comply with the requirements of Secs. 63.113 through 63.118, except as 
provided for in paragraphs (b) through (v) of this section. The owner 
or operator of continuous front-end process vents that are combined 
with one or more batch front-end process vents shall comply with 
paragraph (o) or (p) of this section.
    (b) When the term ``process vent'' is used in Secs. 63.113 through 
63.118, the term ``continuous front-end process vent,'' and the 
definition of this term in Sec. 63.482 shall apply for the purposes of 
this subpart.
    (c) When the term ``halogenated process vent'' is used in 
Secs. 63.113 through 63.118, the term ``halogenated continuous front-
end process vent,'' and the definition of this term in Sec. 63.482 
shall apply for the purposes of this subpart.
    (d) When the term ``Group 1 process vent'' is used in Secs. 63.113 
through 63.118, the term ``Group 1 continuous front-end process vent,'' 
and the definition of this term in Sec. 63.482 shall apply for the 
purposes of this subpart.
    (e) When the term ``Group 2 process vent'' is used in Secs. 63.113 
through 63.118, the term ``Group 2 continuous front-end process vent,'' 
and the definition of this term in Sec. 63.482 shall apply for the 
purposes of this subpart.
    (f) When December 31, 1992 (i.e., the proposal date for subpart G 
of this part) is referred to in Sec. 63.113, June 12, 1995 shall 
instead apply, for the purposes of this subpart.
    (g) When Secs. 63.151(f), alternative monitoring parameters, and 
63.152(e), submission of an operating permit, are referred to in 
Secs. 63.114(c) and 63.117(e), 63.506(f), alternative monitoring 
parameters, and Sec. 63.506(e)(8), submission of an operating permit, 
respectively, shall apply for the purposes of this subpart.
    (h) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.114, 63.117, 
and 63.118, the Notification of Compliance Status requirements 
contained in Sec. 63.506(e)(5) shall apply for the purposes of this 
subpart.
    (i) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Secs. 63.117 and 63.118, the Periodic 
Report requirements contained in Sec. 63.506(e)(6) shall apply for the 
purposes of this subpart.
    (j) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is 
referred to in Sec. 63.118(f)(2), the definition of excursion in 
Sec. 63.505(g) and (h) shall apply for the purposes of this subpart.
    (k) When Sec. 63.114(e) specifies that an owner or operator shall 
submit the information required in Sec. 63.152(b) in order to establish 
the parameter monitoring range, the owner or operator of an affected 
source shall comply with the provisions of Sec. 63.505 for establishing 
the parameter monitoring level and shall comply with Sec. 63.506(e)(5) 
for the purposes of reporting information related to the establishment 
of the parameter monitoring level, for the purposes of this subpart. 
Further, the term ``level'' shall apply whenever the term ``range'' is 
used in Secs. 63.114, 63.117, and 63.118.
    (l) When reports of process changes are required under 
Sec. 63.118(g), (h), (i), or (j), paragraphs (l)(1) through (l)(4) of 
this section shall apply for the purposes of this subpart. In addition, 
for the purposes of this subpart paragraph (l)(5) of this section 
applies, and Sec. 63.118(k) does not apply to owners or operators of 
affected sources.
    (1) For the purposes of this subpart, whenever a process change, as 
defined in Sec. 63.115(e), is made that causes a Group 2 continuous 
front-end process vent to become a Group 1 continuous front-end process 
vent, the owner or operator shall submit a report within 180 days after 
the process change is made or with the next Periodic Report, whichever 
is later. A description of the process change shall be submitted with 
the report of the process change, and the owner or operator of the 
affected source shall comply with the Group 1 provisions in 
Secs. 63.113 through 63.118 in accordance with Sec. 63.480(i)(2)(ii) or 
(i)(2)(iii), as applicable.
    (2) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous front-end process vent with a TRE 
greater than 4.0 to become a Group 2 continuous front-end process vent 
with a TRE less than 4.0, the owner or operator shall submit a report 
within 180 days after the process change is made or with the next 
Periodic Report, whichever is later. A description of the process 
change shall be submitted with the report of the process change, and 
the owner or operator shall comply with the provisions in 
Sec. 63.113(d) by the dates specified in Sec. 63.481.
    (3) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous front-end process vent with a 
flow rate less than 0.005 standard cubic meter per minute (scmm) to 
become a Group 2 continuous front-end process vent with a flow rate of 
0.005 scmm or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. A description of the process change shall be submitted with the 
report of the process change, and the owner or operator shall comply 
with the provisions in Sec. 63.113(d) by the dates specified in 
Sec. 63.481.
    (4) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous front-end process vent with an 
organic HAP concentration less than 50 parts per million by volume 
(ppmv) to become a Group 2 continuous front-end process vent with an 
organic HAP concentration of 50 ppmv or greater and a TRE index value 
less than or equal to 4.0, the owner or operator shall submit a report 
within 180 days after the process change is made or with the next 
Periodic Report, whichever is later. A description of the process 
change shall be submitted with the report of the process change, and 
the owner or operator shall comply with the provisions in 
Sec. 63.113(d) by the dates specified in Sec. 63.481.
    (5) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraphs (l)(5)(i), 
(l)(5)(ii), (l)(5)(iii), or (l)(5)(iv) of this section is met.
    (i) The change does not meet the description of a process change in 
Sec. 63.115(e);
    (ii) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) and the recalculated value is less than 0.005 standard 
cubic meter per minute;
    (iii) The organic HAP concentration of the vent stream is 
recalculated according to Sec. 63.115(e) and the recalculated value is 
less than 50 parts per million by volume; or
    (iv) The TRE index value is recalculated according to 
Sec. 63.115(e) and the recalculated value is greater than 4.0.
    (m) When Sec. 63.118 (periodic reporting and recordkeeping 
requirements) refers to Sec. 63.152(f), the recordkeeping requirements 
in Sec. 63.506(d) shall apply for the purposes of this subpart.
    (n) When Secs. 63.115 and 63.116 refer to Table 2 of subpart F of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 5 of this subpart, for the purposes of this 
subpart.
    (o) If a batch front-end process vent or aggregate batch vent 
stream is combined with a continuous front-end process vent, the owner 
or operator of the affected source containing the combined vent stream 
shall comply with paragraph (o)(1); with paragraph (o)(2) and with 
paragraph (o)(3) or (o)(4); or with paragraph (o)(5) of this section, 
as appropriate.
    (1) If a batch front-end process vent or aggregate batch vent 
stream is combined with a Group 1 continuous front-end

[[Page 38051]]

process vent prior to the combined vent stream being routed to a 
control device, the owner or operator of the affected source containing 
the combined vent stream shall comply with the requirements in 
paragraph (o)(1)(i) or (o)(1)(ii) of this section.
    (i) All requirements for a Group 1 process vent stream in 
Secs. 63.113 through 63.118, except as otherwise provided in this 
section. As specified in Sec. 63.504(a)(1), performance tests shall be 
conducted at maximum representative operating conditions. For the 
purpose of conducting a performance test on a combined vent stream, 
maximum representative operating conditions shall be when batch 
emission episodes are occurring that result in the highest organic HAP 
emission rate (for the combined vent stream) that is achievable during 
one of the periods listed in Sec. 63.504(a)(1)(i) or 
Sec. 63.504(a)(1)(ii), without causing any of the situations described 
in paragraphs (o)(1)(i)(A) through (o)(1)(i)(C) of this section to 
occur.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (ii) Comply with the provisions in Sec. 63.483(b)(1), as allowed 
under Sec. 63.483(b).
    (2) If a batch front-end process vent or aggregate batch vent 
stream is combined with a continuous front-end process vent prior to 
the combined vent stream being routed to a recovery device, the TRE 
index value for the combined vent stream shall be calculated at the 
exit of the last recovery device. The TRE shall be calculated during 
periods when one or more batch emission episodes are occurring that 
result in the highest organic HAP emission rate (in the combined vent 
stream that is being routed to the recovery device) that is achievable 
during the 6-month period that begins 3 months before and ends 3 months 
after the TRE calculation, without causing any of the situations 
described in paragraphs (o)(2)(i) through (o)(2)(iii) of this section 
to occur.
    (i) Causing damage to equipment;
    (ii) Necessitating that the owner or operator make product that 
does not meet an existing specification for sale to a customer; or
    (iii) Necessitating that the owner or operator make product in 
excess of demand.
    (3) If the combined vent stream described in paragraph (o)(2) of 
this section meets the requirements in paragraphs (o)(3)(i), 
(o)(3)(ii), and (o)(3)(iii) of this section, the combined vent stream 
shall be subject to the requirements for Group 1 process vents in 
Secs. 63.113 through 63.118, except as otherwise provided in this 
section, as applicable. Performance tests for the combined vent stream 
shall be conducted at maximum representative operating conditions, as 
described in paragraph (o)(1) of this section.
    (i) The TRE index value of the combined stream is less than or 
equal to 1.0;
    (ii) The flow rate of the combined vent stream is greater than or 
equal to 0.005 standard cubic meter per minute; and
    (iii) The total organic HAP concentration is greater than or equal 
to 50 parts per million by volume for the combined vent stream.
    (4) If the combined vent stream described in paragraph (o)(2) of 
this section meets the requirements in paragraph (o)(4)(i), (ii), or 
(iii) of this section, the combined vent stream shall be subject to the 
requirements for Group 2 process vents in Secs. 63.113 through 63.118, 
except as otherwise provided in this section, as applicable.
    (i) The TRE index value of the combined vent stream is greater than 
1.0;
    (ii) The flow rate of the combined vent stream is less than 0.005 
standard cubic meter per minute; or
    (iii) The total organic HAP concentration is less than 50 parts per 
million by volume for the combined vent stream.
    (5) If a batch front-end process vent or aggregate batch vent 
stream is combined with a Group 2 continuous front-end process vent, 
the owner or operator shall comply with the requirements in either 
paragraph (o)(5)(i) or (o)(5)(ii) of this section.
    (i) The owner or operator shall comply with the requirements in 
Secs. 63.113 through 63.118 for Group 1 process vents; or
    (ii) The owner or operator shall comply with Sec. 63.487(e)(2) for 
batch front-end process vents and aggregate batch vent streams.
    (p) If any gas stream that originates outside of an affected source 
that is subject to this subpart is normally conducted through the same 
final recovery device as any continuous front-end process vent stream 
subject to this subpart, the combined vent stream shall comply with all 
requirements in Secs. 63.113 through 63.118, except as otherwise 
provided in this section, as applicable.
    (1) Instead of measuring the vent stream flow rate at the sampling 
site specified in Sec. 63.115(b)(1), the sampling site for vent stream 
flow rate shall be prior to the final recovery device and prior to the 
point at which the gas stream that is not controlled under this subpart 
is introduced into the combined vent stream.
    (2) Instead of measuring total organic HAP or TOC concentrations at 
the sampling site specified in Sec. 63.115(c)(1), the sampling site for 
total organic HAP or TOC concentration shall be prior to the final 
recovery device and prior to the point at which the gas stream that is 
not controlled under this subpart is introduced into the combined vent 
stream.
    (3) The efficiency of the final recovery device (determined 
according to paragraph (p)(4) of this section) shall be applied to the 
total organic HAP or TOC concentration measured at the sampling site 
described in paragraph (p)(2) of this section to determine the exit 
concentration. This exit concentration of total organic HAP or TOC 
shall then be used to perform the calculations outlined in 
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent 
stream exiting the final recovery device.
    (4) The efficiency of the final recovery device is determined by 
measuring the total organic HAP or TOC concentration using Method 18 or 
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery 
device after the introduction of any gas stream that is not controlled 
under this subpart, and at the outlet of the final recovery device.
    (q) Group 1 halogenated continuous front-end process vents 
described in either paragraph (q)(1) or (q)(2) of this section are 
exempt from the requirements to control hydrogen halides and halogens 
from the outlet of combustion devices contained in 
Sec. 63.113(a)(1)(ii) and Sec. 63.113(c).
    (1) Group 1 halogenated continuous front-end process vents at 
existing affected sources producing butyl rubber, halobutyl rubber, or 
ethylene propylene rubber using a solution process, if the conditions 
in paragraphs (q)(1)(i) and (ii) of this section are met. Group 1 
halogenated continuous front-end process vents at new affected sources 
producing butyl rubber, halobutyl rubber, or ethylene propylene rubber 
using a solution process are not exempt from Sec. 63.113(a)(1)(ii) and 
Sec. 63.113(c).
    (i) If the halogenated continuous front-end process vent stream was 
controlled by a combustion device prior to June 12, 1995; and
    (ii) If the requirements of Sec. 63.113(a)(2); Sec. 63.113(a)(3); 
Sec. 63.113(b) and the associated testing requirements in Sec. 63.116; 
or Sec. 63.11(b) and Sec. 63.504(c) are met.

[[Page 38052]]

    (2) Group 1 halogenated continuous front-end process vents at new 
and existing affected sources producing an elastomer using a gas-phased 
reaction process, provided that the requirements of Sec. 63.113(a)(2); 
Sec. 63.113(a)(3); Sec. 63.113(b) and the associated testing 
requirements in Sec. 63.116; or Sec. 63.11(b) and Sec. 63.504(c) are 
met.
    (r) The compliance date for continuous front-end process vents 
subject to the provisions of this section is specified in Sec. 63.481.
    (s) Internal combustion engines. In addition to the three options 
for the control of a Group 1 continuous front-end process vent listed 
in Sec. 63.113(a)(1) through (3), an owner or operator will be 
permitted to route emissions of organic HAP to an internal combustion 
engine, provided the conditions listed in paragraphs (s)(1) through 
(s)(5) of this section are met.
    (1) The vent stream routed to the internal combustion engine shall 
not be a halogenated continuous front-end process vent stream.
    (2) The organic HAP is introduced with the primary fuel.
    (3) The internal combustion engine is operating at all times that 
organic HAP emissions are being routed to it. The owner or operator 
shall demonstrate that the internal combustion engine is operating by 
continuously monitoring the on/off status of the internal combustion 
engine.
    (4) The owner or operator shall maintain hourly records verifying 
that the internal combustion engine was operating at all times that 
emissions were routed to it.
    (5) The owner or operator shall include in the Periodic Report a 
report of all times that the internal combustion engine was not 
operating while emissions were being routed to it.
    (6) If an internal combustion engine meeting the requirements of 
paragraphs (s)(1) through (5) of this section is used to comply with 
the provisions of Sec. 63.113(a), the internal combustion engine is 
exempt from the source testing requirements of Sec. 63.116.
    (t) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify 
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall 
conform with the requirements in paragraphs (t)(1) and (t)(2) of this 
section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (u) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b), 
the requirements in Sec. 63.504(c) shall apply.
    (v) When a combustion device is used to comply with the 20 parts 
per million by volume outlet concentration standard specified in 
Sec. 63.113(a)(2), the correction to 3 percent oxygen is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. In addition, the correction to 3 percent 
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. Finally, when a combustion device is used 
to comply with the 20 parts per million by volume outlet concentration 
standard specified in Sec. 63.113(a)(2), an owner or operator shall 
record and report the outlet concentration required in 
Sec. 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. When supplemental combustion air is not used 
to combust the emissions, an owner or operator may record and report 
the outlet concentration required in Sec. 63.117(a)(4)(ii) and 
(a)(4)(iv) on an uncorrected basis or corrected to 3 percent oxygen, 
for the purposes of this subpart.

    8. Section 63.486 is revised to read as follows:


Sec. 63.486  Batch front-end process vent provisions.

    (a) Batch front-end process vents. Except as specified in paragraph 
(b) of this section, owners and operators of new and existing affected 
sources with batch front-end process vents shall comply with the 
requirements in Secs. 63.487 through 63.492. The batch front-end 
process vent group status shall be determined in accordance with 
Sec. 63.488. Owners or operators of affected sources with batch front-
end process vents classified as Group 1 shall comply with the reference 
control technology requirements for Group 1 batch front-end process 
vents in Sec. 63.487, the monitoring requirements in Sec. 63.489, the 
performance test methods and procedures to determine compliance in 
Sec. 63.490, the recordkeeping requirements in Sec. 63.491, and the 
reporting requirements in Sec. 63.492. Owners and operators of all 
Group 2 batch front-end process vents shall comply with the applicable 
reference control technology requirements in Sec. 63.487, the 
applicable recordkeeping requirements in Sec. 63.491, and the 
applicable reporting requirements in Sec. 63.492.
    (b) Aggregate batch vent streams. Aggregate batch vent streams, as 
defined in Sec. 63.482, are subject to the control requirements 
specified in Sec. 63.487(b), as well as the monitoring, testing, 
recordkeeping, and reporting requirements specified in Secs. 63.489 
through 63.492 for aggregate batch vent streams.
    9. Section 63.487 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(1)(i);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraph (b)(1)(i);
    e. Revising paragraph (b)(2);
    f. Revising paragraphs (c)(1) and (c)(2);
    g. Revising paragraph (e);
    h. Revising paragraph (f);
    i. Revising paragraph (g); and
    j. Adding paragraph (h).
    The revisions and additions read as follows:


Sec. 63.487  Batch front-end process vents--reference control 
technology.

    (a) Batch front-end process vents. The owner or operator of an 
affected source with a Group 1 batch front-end process vent, as 
determined using the procedures in Sec. 63.488, shall comply with the 
requirements of either paragraph (a)(1) or (a)(2) of this section. 
Compliance may be based on either organic HAP or TOC.
    (1) * * *
    (i) The owner or operator of the affected source hall comply with 
the requirements of Sec. 63.504(c) for the flare.
* * * * *
    (b) Aggregate batch vent streams. The owner or operator of an 
aggregate batch vent stream that contains one or more Group 1 batch 
front-end process vents shall comply with the requirements of either 
paragraph (b)(1) or (b)(2) of this section. Compliance may be based on 
either organic HAP or TOC.
    (1) * * *
    (i) The owner or operator of the affected source shall comply with 
the requirements of Sec. 63.504(c) for the flare.
* * * * *
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent or to a concentration of 20 parts per 
million by volume, whichever is less stringent, on

[[Page 38053]]

a continuous basis using a control device. For combustion devices, the 
emission reduction or concentration shall be calculated on a dry basis, 
corrected to 3 percent oxygen.
    (c) * * *
    (1) If a combustion device is used to comply with paragraph (a)(2) 
or (b)(2) of this section for a halogenated batch front-end process 
vent or halogenated aggregate batch vent stream, the emissions exiting 
the combustion device shall be ducted to a halogen reduction device 
that reduces overall emissions of hydrogen halides and halogens by at 
least 99 percent before discharge to the atmosphere.
    (2) A halogen reduction device may be used to reduce the halogen 
atom mass emission rate to less than 3,750 kg/yr for batch front-end 
process vents or aggregate batch vent streams and thus make the batch 
front-end process vent or aggregate batch vent stream nonhalogenated. 
The nonhalogenated batch front-end process vent or aggregate batch vent 
stream shall then comply with the requirements of either paragraph (a) 
or (b) of this section, as appropriate.
* * * * *
    (e) Combination of batch front-end process vents or aggregate batch 
vent streams with continuous front-end process vents. If a batch front-
end process vent or aggregate batch vent stream is combined with a 
continuous front-end process vent, the owner or operator shall 
determine whether the combined vent stream is subject to the provisions 
of Secs. 63.486 through 63.492 according to paragraphs (e)(1) and 
(e)(2) of this section.
    (1) A batch front-end process vent or aggregate batch vent stream 
combined with a continuous front-end process vent stream is not subject 
to the provisions of Secs. 63.486 through 63.492, if the requirements 
in paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or 
(e)(1)(iii) are met.
    (i) The only emissions to the atmosphere from the batch front-end 
process vent or aggregate batch vent stream prior to being combined 
with the continuous front-end process vent are from equipment subject 
to Sec. 63.502.
    (ii) The batch front-end vent stream or aggregate batch vent stream 
is combined with a Group 1 continuous front-end process vent stream 
prior to the combined vent stream being routed to a control device. In 
this paragraph (e)(1)(ii), the definition of control device as it 
relates to continuous front-end process vents shall be used. 
Furthermore, the combined vent stream discussed in this paragraph 
(e)(1)(ii) shall be subject to Sec. 63.485(o)(1).
    (iii) The batch front-end process vent or aggregate batch vent 
stream is combined with a continuous front-end process vent stream 
prior to being routed to a recovery device. In this paragraph 
(e)(1)(iii), the definition of recovery device as it relates to 
continuous front-end process vents shall be used. Furthermore, the 
combined vent stream discussed in this paragraph (e)(1)(iii) shall be 
subject to Sec. 63.485(o)(2).
    (2) If the batch front-end process vent or aggregate batch vent 
stream is combined with a Group 2 continuous front-end process vent, 
the group status of the batch front-end process vent shall be 
determined prior to its combination with the Group 2 continuous front-
end process vent, in accordance with Sec. 63.488, and the combined vent 
stream shall be subject to the requirements for aggregate batch vent 
streams in Secs. 63.486 through 63.492.
    (f) Group 2 batch front-end process vents with annual emissions 
greater than or equal to the level specified in Sec. 63.488(d). The 
owner or operator of a Group 2 batch front-end process vent with annual 
emissions greater than or equal to the level specified in 
Sec. 63.488(d) shall comply with the provisions of paragraph (f)(1), 
(f)(2), or (h) of this section.
    (1) The owner or operator shall comply with the requirements in 
paragraphs (f)(1)(i) through (f)(1)(iv) of this section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures that the Group 2 batch front-end process vent 
does not become a Group 1 batch front-end process vent.
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with 
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of 
HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator of an affected source shall comply with 
the recordkeeping requirements in Sec. 63.491(d)(2), and the reporting 
requirements in Sec. 63.492(a)(3), (b) and (c).
    (iv) The owner or operator of an affected source shall comply with 
Sec. 63.488(i) when process changes are made.
    (2) Comply with the requirements of this subpart for Group 1 batch 
front-end process vents.
    (g) Group 2 batch front-end process vents with annual emissions 
less than the level specified in Sec. 63.488(d). The owner or operator 
of a Group 2 batch front-end process vent with annual organic HAP 
emissions less than the level specified in Sec. 63.488(d), shall comply 
with paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this section.
    (1) The owner or operator of the affected source shall comply with 
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures emissions do not exceed the appropriate level 
specified in Sec. 63.488(d).
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with 
Sec. 63.506(e)(5)(iv), the owner or operator shall not charge a mass of 
HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator of the affected source shall comply 
with the recordkeeping requirements in Sec. 63.491(d)(1), and the 
reporting requirements in Sec. 63.492(a)(2), (b), and (c).
    (iv) The owner or operator of the affected source shall comply with 
Sec. 63.488(i) when process changes are made.
    (2) Comply with the requirements of paragraph (f)(1) of this 
section;
    (3) Comply with the requirements of paragraph (f)(2) of this 
section; or
    (4) Comply with the requirements of paragraph (h) of this section.
    (h) Owners or operators of Group 2 batch front-end process vents 
are not required to establish a batch mass input limitation if the 
batch front-end process vent is Group 2 at the conditions specified in 
paragraphs (h)(1) and (h)(2) of this section and if the owner or 
operator complies with the recordkeeping provisions in 
Secs. 63.491(a)(1) through (3), 63.491(a)(9), and 63.491(a)(4) through 
(6) as applicable, and the reporting requirements in Sec. 63.492(a)(5) 
and (6) and (b).
    (1) Emissions for the single highest-HAP recipe (considering all 
products that are produced in the batch unit operation) are used in the 
group determination; and
    (2) The group determination assumes that the batch unit operation 
is operating at the maximum design capacity of the EPPU for 12 months.

    10. Section 63.488 is amended by:
    a. Revising paragraph (a)(1);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraphs (b)(1) through (b)(3);

[[Page 38054]]

    d. Revising paragraph (b)(4)(i) introductory text;
    e. Revising paragraphs (b)(4)(i)(A) through (b)(4)(i)(D);
    f. Revising paragraph (b)(4)(ii)(B)(1);
    g. Revising paragraph (b)(4)(iii);
    h. Revising paragraph (b)(5) introductory text;
    i. Revising paragraphs (b)(5)(i) and (b)(5)(ii);
    j. Revising paragraph (b)(5)(iii) introductory text;
    k. Revising paragraphs (b)(5)(iii)(A) and (b)(5)(iii)(B);
    l. Revising paragraph (b)(5)(iv);
    m. Revising paragraph (b)(5)(v) introductory text;
    n. Revising paragraph (b)(5)(v)(A);
    o. Revising paragraph (b)(6);
    p. Revising paragraph (d);
    q. Revising paragraph (e) introductory text;
    r. Revising paragraph (e)(1) introductory text;
    s. Revising paragraph (e)(1)(i);
    t. Revising paragraph (e)(1)(iii);
    u. Revising paragraphs (e)(2) and (e)(3);
    v. Revising paragraph (g);
    w. Revising paragraph (h)(1) introductory text;
    x. Revising paragraphs (h)(1)(iii) and (h)(1)(iv);
    y. Revising paragraph (h)(2);
    z. Revising paragraph (i) introductory text;
    aa. Revising paragraphs (i)(1) through (i)(3); and
    bb. Adding paragraph (b)(9).
    The revisions and additions read as follows:


Sec. 63.488  Methods and procedures for batch front-end process vent 
group determination.

    (a) * * *
    (1) The procedures specified in paragraphs (b) through (g) shall be 
followed to determine the group status of each batch front-end process 
vent. This determination shall be made in accordance with either 
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) An owner or operator may choose to determine the group status 
of a batch front-end process vent based on the expected mix of 
products. For each product, emission characteristics of the single 
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this 
section, for that product, shall be used in the procedures in 
paragraphs (b) through (i) of this section.
    (ii) An owner or operator may choose to determine the group status 
of a batch front-end process vent based on annualized production of the 
single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this 
section, considering all products produced or processed in the batch 
unit operation. The annualized production of the highest-HAP recipe 
shall be based exclusively on the production of the single highest-HAP 
recipe of all products produced or processed in the batch unit 
operation for a 12 month period. The production level used may be the 
actual production rate. It is not necessary to assume a maximum 
production rate (i.e., 8,760 hours per year at maximum design 
production).
    (iii) The single highest-HAP recipe for a product means the recipe 
of the product with the highest total mass of HAP charged to the 
reactor during the production of a single batch of product.
* * * * *
    (b) Determination of annual emissions. The owner or operator shall 
calculate annual uncontrolled TOC or organic HAP emissions for each 
batch front-end process vent using the methods described in paragraphs 
(b)(1) through (b)(8) of this section. To estimate emissions from a 
batch emissions episode, owners or operators may use either the 
emissions estimation equations in paragraphs (b)(1) through (b)(4) of 
this section, or direct measurement as specified in paragraph (b)(5) of 
this section. Engineering assessment may also be used to estimate 
emissions from a batch emission episode, but only under the conditions 
described in paragraph (b)(6) of this section. In using the emissions 
estimation equations in paragraphs (b)(1) through (b)(4) of this 
section, individual component vapor pressure and molecular weight may 
be obtained from standard references. Methods to determine individual 
HAP partial pressures in multicomponent systems are described in 
paragraph (b)(9) of this section. Other variables in the emissions 
estimation equations may be obtained through direct measurement, as 
defined in paragraph (b)(5) of this section, through engineering 
assessment, as defined in paragraph (b)(6)(ii) of this section, by 
process knowledge, or by any other appropriate means. Assumptions used 
in determining these variables must be documented. Once emissions for 
the batch emission episode have been determined using either the 
emissions estimation equations, direct measurement, or engineering 
assessment, emissions from a batch cycle shall be calculated in 
accordance with paragraph (b)(7) of this section, and annual emissions 
from the batch front-end process vent shall be calculated in accordance 
with paragraph (b)(8) of this section.
    (1) TOC or organic HAP emissions from the purging of an empty 
vessel shall be calculated using Equation 1. This equation does not 
take into account evaporation of any residual liquid in the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.000

Where:

Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = TOC or total organic HAP partial pressure, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmol deg.K.
T = Temperature of vessel vapor space,  deg.K.
m = Number of volumes of purge gas used.

    (2) TOC or organic HAP emissions from the purging of a filled 
vessel shall be calculated using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR19JN00.001


[[Page 38055]]


Where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmol deg.K.
T = Temperature of vessel vapor space,  deg.K.
Pi = Vapor pressure of TOC or individual organic HAP i, kPa.
xi = Mole fraction of TOC or organic HAP i in the liquid.
n = Number of organic HAP in stream. Note: Summation is not applicable 
if TOC emissions are being estimated.
Tm = Minutes/episode.

    (3) Emissions from vapor displacement due to transfer of material 
into or out of a vessel shall be calculated using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR19JN00.002

Where:
Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure of vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\kPa/kmol deg.K.
T = Temperature of vessel vapor space,  deg.K.
    (4) * * *
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using the equations in paragraphs 
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
    (A) Emissions caused by heating of a vessel shall be calculated 
using Equation 4. The assumptions made for this calculation are 
atmospheric pressure of 760 mm Hg and the displaced gas is always 
saturated with VOC vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TR19JN00.003

Where:

Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial 
pressure (kPa) TOC or each organic HAP in the vessel headspace at 
initial (T1) and final (T2) temperature.
n = Number of organic HAP in stream. Note: Summation is not applicable 
if TOC emissions are being estimated.
 = Number of kilogram-moles (kg-moles) of gas 
displaced, determined in accordance with paragraph (b)(4)(i)(B) of this 
section.
101.325 = Constant, kPa.
(MWWAVG,T1), (MWWAVG,T2) = Weighted average 
molecular weight of TOC or total organic HAP in the displaced gas 
stream, determined in accordance with paragraph (b)(4)(i)(D) of this 
section.

    (B) The moles of gas displaced, , is calculated 
using equation 5.
[GRAPHIC] [TIFF OMITTED] TR19JN00.004

Where:
 = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m \3\kPa/kmolK.
Pa1 = Initial noncondensible gas partial pressure in the 
vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using equation 6.
[GRAPHIC] [TIFF OMITTED] TR19JN00.005

Where:
Pa = Initial or final partial pressure of noncondensible gas in the 
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic 
HAP i in the vessel headspace, kPa, at the initial or final temperature 
(T1 or T2).
n = Number of organic HAP in stream. Note: Summation is not applicable 
if TOC emissions are being estimated.

    (D) The weighted average molecular weight of TOC or organic HAP in 
the displaced gas, MWWAVG, shall be calculated using 
equation 7:

[[Page 38056]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.006

Where:

c = TOC or organic HAP component
n = Number of TOC or organic HAP components in stream.

    (ii) * * *
    (B) * * *
    (1) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
* * * * *
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the primary condenser is 
considered part of the process, as described in Sec. 63.488(a)(2). 
Emissions shall be calculated as the sum of Equation 4, which 
calculates emissions due to heating the vessel contents to the 
temperature of the gas exiting the condenser, and Equation 3, which 
calculates emissions due to the displacement of the remaining saturated 
noncondensible gas in the vessel. The final temperature in Equation 4 
shall be set equal to the exit gas temperature of the condenser. 
Equation 3 shall be used as written below in Equation 3a, using free 
space volume, and T2 is set equal to the condenser exit gas 
temperature.
[GRAPHIC] [TIFF OMITTED] TR19JN00.007

Where:

Eepisode = Emissions, kg/episode.
yi = Saturated mole fraction of all TOC or organic HAP in 
the vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
PT = Pressure of the vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
HAP in vapor, determined in accordance with paragraph (b)(4)(i)(D) of 
this section.
R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
T = Temperature of condenser exit stream K.

    (5) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. If direct measurement is used, 
the owner or operator shall either perform a test for the duration of a 
representative batch emission episode or perform a test during only 
those periods of the batch emission episode for which the emission rate 
for the entire episode can be determined or for which the emissions are 
greater than the average emission rate of the batch emission episode. 
The owner or operator choosing either of these options shall develop an 
emission profile for the entire batch emission episode, based on either 
process knowledge or test data collected, to demonstrate that test 
periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
provided the results are still relevant to the current batch front-end 
process vent conditions. Performance tests shall follow the procedures 
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. 
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this 
section shall be used to calculate the emissions per batch emission 
episode.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. No traverse is necessary when Method 2A or 2D, 
40 CFR part 60, appendix A is used to determine gas stream volumetric 
flow rate.
    (ii) Annual average batch vent flow rate shall be determined as 
specified in paragraph (e) of this section.
    (iii) Method 18 or Method 25A, of 40 CFR part 60, appendix A, shall 
be used to determine the concentration of TOC or organic HAP, as 
appropriate. The use of Method 25A, 40 CFR part 60, appendix A shall 
conform with the requirements in paragraphs (b)(5)(iii)(A) and 
(b)(5)(iii)(B) of this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (iv) If an integrated sample is taken over the entire batch 
emission episode to determine average batch vent concentration of TOC 
or total organic HAP, emissions shall be calculated using Equation 8.
[GRAPHIC] [TIFF OMITTED] TR19JN00.008

Where:

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

[[Page 38057]]

Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable if 
TOC emissions are being estimated using a TOC concentration measured 
using Method 25A, 40 CFR part 60, appendix A.
    (v) If grab samples are taken to determine the average batch vent 
concentration of TOC or total organic HAP, emissions shall be 
calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of 
this section.
    (A) For each measurement point, the emission rate shall be 
calculated using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR19JN00.009

Where:

Epoint = Emission rate for individual measurement point, kg/
hr.
K = Constant, 2.494  x  10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg.C.
Cj = Concentration of TOC or sample organic HAP component j 
of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis, 
scmm.
n = Number of organic HAP in stream. Note: Summation not applicable if 
TOC emissions are being estimated using a TOC concentration measured 
using Method 25A, 40 CFR part 60, appendix A.

* * * * *
    (6) Engineering assessment may be used to estimate emissions from a 
batch emission episode, if the criteria in paragraph (b)(6)(i) are met. 
Data or other information used to demonstrate that the criteria in 
paragraph (b)(6)(i) of this section have been met shall be reported as 
specified in paragraph (b)(6)(iii) of this section. Paragraph 
(b)(6)(ii) of this section defines engineering assessment, for the 
purposes of estimating emissions from a batch emissions episode. All 
data, assumptions, and procedures used in an engineering assessment 
shall be documented.
    (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or 
(C) are met for a specific batch emission episode, the owner or 
operator may use engineering assessment, as described in paragraph 
(b)(6)(ii) of this section, to estimate emissions from that batch 
emission episode, and the owner or operator is not required to use the 
emissions estimation equations described in paragraphs (b)(1) through 
(b)(4) of this section to estimate emissions from that batch emission 
episode.
    (A) Previous test data, where the measurement of organic HAP or TOC 
emissions was an outcome of the test, show a greater than 20 percent 
discrepancy between the test value and the value estimated using the 
applicable equations in paragraphs (b)(1) through (b)(4) of this 
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe 
test data that will be acceptable under this paragraph (b)(6)(i)(A).
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train, where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence 
of process steps (e.g., reaction, distillation, etc.) of the equipment 
in the other process train.
    (B) Previous test data obtained during the production of the 
product for which the demonstration is being made, for the batch 
emission episode with the highest organic HAP emissions on a mass 
basis, show a greater than 20 percent discrepancy between the test 
value and the value estimated using the applicable equations in 
paragraphs (b)(1) through (b)(4) of this section. If the criteria in 
this paragraph (b)(6)(i)(B) are met, then engineering assessment may be 
used for all batch emission episodes associated with that batch cycle 
for that batch unit operation.
    (C) The owner or operator has requested approval to use engineering 
assessment to estimate emissions from a batch emissions episode. The 
request to use engineering assessment to estimate emissions from a 
batch emissions episode shall contain sufficient information and data 
to demonstrate to the Administrator that engineering assessment is an 
accurate means of estimating emissions for that particular batch 
emissions episode. The request to use engineering assessment to 
estimate emissions for a batch emissions episode shall be submitted in 
the Precompliance Report required under Sec. 63.506(e)(3).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the test was representative of 
current operating practices.
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions.
    (C) Flow rate, TOC emission rate, or organic HAP emission rate 
specified or implied within a permit limit applicable to the batch 
front-end process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design, 
such as pump or blower capacities;
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (4) Estimation of TOC or organic HAP concentrations based on grab 
samples of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (b)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) 
of this section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met 
shall be reported in the Notification of Compliance Status, as required 
in Sec. 63.492(a)(6).
    (B) The request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode as allowed under 
paragraph (b)(6)(i)(C) of this section, and sufficient data or other 
information for demonstrating to the Administrator that engineering 
assessment is an accurate means of estimating emissions for that 
particular batch emissions episode shall be submitted with the 
Precompliance Report, as required in Sec. 63.506(e)(3).
* * * * *
    (9) Individual HAP partial pressures in multicomponent systems 
shall be determined using the appropriate method specified in 
paragraphs (b)(9)(i) through (b)(9)(iii) of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law are not appropriate or 
available, the owner or operator may use any of the options in 
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.

[[Page 38058]]

    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and 
use the summation of all vapor pressures from the HAP as the total HAP 
partial pressure.
* * * * *
    (d) Minimum emission level exemption. A batch front-end process 
vent with annual emissions of TOC or organic HAP less than 11,800 kg/yr 
is considered a Group 2 batch front-end process vent and the owner or 
operator of that batch front-end process vent shall comply with the 
requirements in Sec. 63.487(f) or (g). Annual emissions of TOC or 
organic HAP are determined at the exit of the batch unit operation, as 
described in paragraph (a)(2) of this section, and are determined as 
specified in paragraph (b) of this section. The owner or operator of 
that batch front-end process vent is not required to comply with the 
provisions in paragraphs (e) through (g) of this section.
    (e) Determination of average batch vent flow rate and annual 
average batch vent flow rate. The owner or operator shall determine the 
average batch vent flow rate for each batch emission episode in 
accordance with one of the procedures provided in paragraphs (e)(1) 
through (e)(2) of this section. The annual average batch vent flow rate 
for a batch front-end process vent shall be calculated as specified in 
paragraph (e)(3) of this section.
    (1) Determination of the average batch vent flow rate for a batch 
emission episode by direct measurement shall be made using the 
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of 
this section.
    (i) The vent stream volumetric flow rate (FRi) for a 
batch emission episode, in scmm at 20 deg.C, shall be determined using 
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
* * * * *
    (iii) The average batch vent flow rate for a batch emission episode 
shall be calculated using Equation 13.
Where:
[GRAPHIC] [TIFF OMITTED] TR19JN00.010

AFRepisode = Average batch vent flow rate for the batch 
emission episode, scmm.
FRi = Flow rate for individual measurement i, scmm.
n = Number of flow rate measurements taken during the batch emission 
episode.

    (2) The average batch vent flow rate for a batch emission episode 
may be determined by engineering assessment, as defined in paragraph 
(b)(6)(i) of this section. All data, assumptions, and procedures used 
shall be documented.
    (3) The annual average batch vent flow rate for a batch front-end 
process vent shall be calculated using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR19JN00.011

Where:

AFR = Annual average batch vent flow rate for the batch front-end 
process vent, scmm.
DURi = Duration of type i batch emission episodes annually, 
hr/yr.
AFRepisode,i = Average batch vent flow rate for type i batch 
emission episode, scmm.
n = Number of types of batch emission episodes venting from the batch 
front-end process vent.
* * * * *
    (g) Group 1/Group 2 status determination. The owner or operator 
shall compare the cutoff flow rate, calculated in accordance with 
paragraph (f) of this section, with the annual average batch vent flow 
rate, determined in accordance with paragraph (e)(3) of this section. 
The group determination status for each batch front-end process vent 
shall be made using the criteria specified in paragraphs (g)(1) and 
(g)(2) of this section.
    (1) If the cutoff flow rate is greater than or equal to the annual 
average batch vent flow rate of the stream, the batch front-end process 
vent is classified as a Group 1 batch front-end process vent.
    (2) If the cutoff flow rate is less than the annual average batch 
vent flow rate of the stream, the batch front-end process vent is 
classified as a Group 2 batch front-end process vent.
    (h) * * *
    (1) The concentration of each organic compound containing halogen 
atoms (ppmv, by compound) for each batch emission episode shall be 
determined after the last recovery device (if any recovery devices are 
present), based on any one of the following procedures:
* * * * *
    (iii) Average concentration of organic compounds containing 
halogens and hydrogen halides as measured by Method 26 or 26A of 40 CFR 
part 60, appendix A.
    (iv) Any other method or data that has been validated according to 
the applicable procedures in Method 301, 40 CFR part 63, appendix A.
    (2) The annual mass emissions of halogen atoms for a batch front-
end process vent shall be calculated using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR19JN00.012

Where:

Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)--1 (kg-mole per scm) (min/yr), 
where standard temperature is 20 deg.C.
AFR = Annual average batch vent flow rate of the batch front-end 
process vent, determined according to paragraph (e) of this section, 
scmm.
Mj,i = Molecular weight of halogen

[[Page 38059]]

atom i in compound j, kg/kg-mole.
    Lj,i = Number of atoms of halogen i in compound j.
    n = Number of halogenated compounds j in the batch front-end 
process vent.
    m = Number of different halogens i in each compound j of the batch 
front-end process vent.
    Cavgj = Annual average batch vent concentration of 
halogenated compound j in the batch front-end process vent, as 
determined by using Equation 17, dry basis, ppmv. where:
[GRAPHIC] [TIFF OMITTED] TR19JN00.013

Where:

    DURi = Duration of type i batch emission episodes 
annually, hr/yr.
    Ci = Average batch vent concentration of halogenated 
compound j in type i batch emission episode, ppmv.
    n = Number of types of batch emission episodes venting from the 
batch front-end process vent.
* * * * *
    (i) Process changes affecting Group 2 batch front-end process 
vents. Whenever process changes, as described in paragraph (i)(1) of 
this section, are made that affect one or more Group 2 batch front-end 
process vents and that could reasonably be expected to change one or 
more Group 2 batch front-end process vents to Group 1 batch front-end 
process vents or that could reasonably be expected to reduce the batch 
mass input limitation for one or more Group 2 batch front-end process 
vents, the owner or operator of the affected source shall comply with 
paragraphs (i)(2) and (i)(3) of this section.
    (1) Examples of process changes include the changes listed in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
    (i) For all batch front-end process vents, examples of process 
changes include, but are not limited to, changes in feedstock type or 
catalyst type; or whenever there is replacement, removal, or 
modification of recovery equipment considered part of the batch unit 
operation as specified in paragraph (a)(2) of this section; or 
increases in production capacity or production rate. For purposes of 
this paragraph, process changes do not include: Process upsets; 
unintentional, temporary process changes; and changes that are within 
the margin of variation on which the original group determination was 
based.
    (ii) For Group 2 batch front-end process vents where the group 
determination and batch mass input limitation are based on the expected 
mix of products, the situations described in paragraphs (i)(1)(ii)(A) 
and (B) of this section shall be considered to be process changes.
    (A) The production of combinations of products not considered in 
establishing the batch mass input limitation.
    (B) The production of a recipe of a product with a total mass of 
HAP charged to the reactor during the production of a single batch of 
product that is higher than the total mass of HAP for the recipe used 
as the single highest-HAP recipe for that product in the batch mass 
input limitation determination.
    (iii) For Group 2 batch front-end process vents where the group 
determination and batch mass input limitation are based on the single 
highest-HAP recipe (considering all products produced or processed in 
the batch unit operation), the production of a recipe having a total 
mass of HAP charged to the reactor (during the production of a single 
batch of product) that is higher than the total mass of HAP for the 
highest-HAP recipe used in the batch mass input limitation 
determination shall be considered to be a process change.
    (2) For each batch front-end process vent affected by a process 
change, the owner or operator shall redetermine the group status by 
repeating the procedures specified in paragraphs (b) through (g) of 
this section, as applicable. Alternatively, engineering assessment, as 
described in paragraph (b)(6)(i) of this section, may be used to 
determine the effects of the process change.
    (3) Based on the results of paragraph (i)(2) of this section, 
owners or operators of affected sources shall comply with either 
paragraph (i)(3)(i), (ii), or (iii) of this section.
    (i) If the group redetermination described in paragraph (i)(2) of 
this section indicates that a Group 2 batch front-end process vent has 
become a Group 1 batch front-end process vent as a result of the 
process change, the owner or operator of the affected source shall 
submit a report as specified in Sec. 63.492(b) and shall comply with 
the Group 1 provisions in Secs. 63.487 through 63.492 in accordance 
with Sec. 63.480(i)(2)(ii) or (i)(2)(iii), as applicable.
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch front-end process vent with 
annual emissions less than the applicable level specified in paragraph 
(d) of this section, and that is in compliance with Sec. 63.487(g), now 
has annual emissions greater than or equal to the applicable level 
specified by paragraph (d) of this section but remains a Group 2 batch 
front-end process vent, the owner or operator of the affected source 
shall comply with the provisions in paragraphs (i)(3)(ii)(A) through 
(C) of this section.
    (A) Redetermine the batch mass input limitation;
    (B) Submit a report as specified in Sec. 63.492(c); and
    (C) Comply with Sec. 63.487(f), beginning with the year following 
the submittal of the report submitted according to paragraph 
(i)(3)(ii)(B) of this section.
    (iii) If the group redetermination described in paragraph (i)(2) of 
this section indicates no change in group status or no change in the 
relation of annual emissions to the levels specified in paragraph (d) 
of this section, the owner or operator of the affected source shall 
comply with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this 
section.
    (A) The owner or operator shall redetermine the batch mass input 
limitation; and
    (B) The owner or operator shall submit the new batch mass input 
limitation in accordance with Sec. 63.492(c).

    11. Section 63.489 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a) introductory text;
    c. Revising paragraph (a)(2);
    d. Revising paragraph (b) introductory text;
    e. Revising paragraph (b)(4) introductory text;
    f. Revising paragraph (b)(4)(ii);
    g. Revising paragraph (b)(7);
    h. Revising paragraph (c) introductory text;
    i. Revising paragraph (d) introductory text;
    j. Revising paragraph (d)(2);
    k. Revising paragraph (e)(1) introductory text;
    l. Revising paragraph (e)(1)(ii);
    m. Revising paragraph (e)(3); and
    n. Removing paragraph (d)(3).
    The revisions read as follows:


Sec. 63.489  Batch front-end process vents--monitoring equipment.

    (a) General requirements. Each owner or operator of a batch front-
end process vent or aggregate batch vent stream that uses a control 
device to comply with the requirements in Sec. 63.487(a)(2) or 
Sec. 63.487(b)(2) shall install the monitoring equipment specified in 
paragraph (b) of this section. All monitoring equipment shall be

[[Page 38060]]

installed, calibrated, maintained, and operated according to the 
manufacturer's specifications or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
* * * * *
    (2) Except as otherwise provided in this subpart, the owner or 
operator shall operate control devices such that the daily average of 
monitored parameters, established as specified in paragraph (e) of this 
section, remains above the minimum level or below the maximum level, as 
appropriate.
    (b) Batch front-end process vent and aggregate batch vent stream 
monitoring equipment. The monitoring equipment specified in paragraphs 
(b)(1) through (b)(8) of this section shall be installed as specified 
in paragraph (a) of this section. The parameters to be monitored are 
specified in Table 6 of this subpart.
* * * * *
    (4) Where a scrubber is used with an incinerator, boiler, or 
process heater in concert with the combustion of halogenated batch 
front-end process vents or halogenated aggregate batch vent streams, 
the following monitoring equipment is required for the scrubber:
* * * * *
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the procedures specified in 
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that 
was conducted prior to the compliance date for this subpart may be 
utilized to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least 
provide a value for either a representative or the highest gas stream 
flow anticipated in the scrubber during representative operating 
conditions other than start-ups, shutdowns, or malfunctions. The plan 
shall include a description of the methodology to be followed and an 
explanation of how the selected methodology will reliably determine the 
gas stream flow, and a description of the records that will be 
maintained to document the determination of gas stream flow. The owner 
or operator shall maintain the plan as specified in Sec. 63.506(a).
* * * * *
    (7) Where a carbon adsorber is used, an integrating regeneration 
steam flow, nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or 
pressure, or better, capable of recording the total regeneration steam 
flow or nitrogen flow, or pressure (gauge or absolute) for each 
regeneration cycle; and a carbon bed temperature monitoring device, 
capable of recording the carbon bed temperature after each regeneration 
and within 15 minutes of completing any cooling cycle are required.
* * * * *
    (c) Alternative monitoring parameters. An owner or operator of a 
batch front-end process vent or aggregate batch vent stream may request 
approval to monitor parameters other than those required by paragraph 
(b) of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.492(e) and Sec. 63.506(f). Approval 
shall be requested if the owner or operator:
* * * * *
    (d) Monitoring of bypass lines. The owner or operator of a batch 
front-end process vent or aggregate batch vent stream using a vent 
system that contains bypass lines that could divert emissions away from 
a control device used to comply with Sec. 63.487(a) or Sec. 63.487(b) 
shall comply with either paragraph (d)(1) or (d)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph (d).
* * * * *
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in 
the non-diverting position and emissions are not diverted through the 
bypass line. Records shall be generated as specified in 
Sec. 63.491(e)(4).
    (e) * * *
    (1) For each parameter monitored under paragraph (b) or (c) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 7 
of this subpart, that indicates proper operation of the control device. 
The level shall be established in accordance with the procedures 
specified in Sec. 63.505. The level may be based upon a prior 
performance test conducted for determining compliance with a regulation 
promulgated by the EPA, and the owner or operator is not required to 
conduct a performance test under Sec. 63.490, provided that the prior 
performance test meets the conditions of Sec. 63.490(b)(3).
* * * * *
    (ii) For aggregate batch vent streams using a control device to 
comply with Sec. 63.487(b)(2), the established level shall reflect the 
emission reduction requirement of 90 percent specified in 
Sec. 63.487(b)(2).
* * * * *
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (e)(2) of this section. The definition of operating day 
shall specify the time(s) at which an operating day begins and ends. 
The operating day shall not exceed 24 hours.


    12. Section 63.490 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (b)(3);
    d. Revising paragraph (b)(5);
    e. Revising paragraph (c) introductory text;
    f. Revising paragraph (c)(1)(i)(A);
    g. Revising paragraph (c)(1)(i)(B) introductory text;
    h. Revising paragraphs (c)(1)(i)(C) and (c)(1)(i)(D);
    i. Revising paragraph (c)(1)(ii);
    j. Revising paragraph (c)(1)(iii) introductory text;
    k. Revising paragraph (c)(1)(iii)(A);
    l. Revising paragraph (c)(1)(v);
    m. Revising paragraph (c)(2) introductory text;
    n. Revising paragraph (d)(1);
    o. Revising paragraph (d)(2)(ii);
    p. Revising paragraphs (d)(3) through (d)(5);
    q. Revising paragraph (e);
    r. Revising paragraph (f); and
    s. Removing paragraph (b)(6).
    The revisions read as follows:

[[Page 38061]]

Sec. 63.490  Batch front-end process vents--performance test methods 
and procedures to determine compliance.

    (a) Use of a flare. When a flare is used to comply with 
Sec. 63.487(a)(1) or Sec. 63.487(b)(1), the owner or operator of an 
affected source shall comply with Sec. 63.504(c).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a control device specified 
in paragraphs (b)(1) through (b)(5) of this section is used to comply 
with Sec. 63.487(a)(2).
* * * * *
    (3) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same Methods specified in this section and 
either no deliberate process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
* * * * *
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (c) Batch front-end process vent testing and procedures for 
compliance with Sec. 63.487(a)(2). Except as provided in paragraph (a) 
or (b) of this section, an owner or operator using a control device to 
comply with Sec. 63.487(a)(2) shall conduct a performance test using 
the procedures specified in paragraph (c)(1) of this section in order 
to determine the control efficiency of the control device. An owner or 
operator shall determine the percent reduction for the batch cycle 
using the control efficiency of the control device as specified in 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section and the 
procedures specified in paragraph (c)(2) of this section. Compliance 
may be based on either total organic HAP or TOC. For purposes of this 
paragraph (c), the term ``batch emission episode'' shall have the 
meaning ``period of the batch emission episode selected for control,'' 
which may be the entire batch emission episode or may only be a portion 
of the batch emission episode.
    (1) * * *
    (i) * * *
    (A) Alternatively, an owner or operator may choose to test only 
those periods of the batch emission episode during which the emission 
rate for the entire episode can be determined or during which the 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing either of these 
options shall develop an emission profile for the entire batch emission 
episode, based on either process knowledge or test data collected, to 
demonstrate that test periods are representative. Examples of 
information that could constitute process knowledge include 
calculations based on material balances and process stoichiometry. 
Previous test results may be used, provided the results are still 
relevant to the current batch front-end process vent conditions.
    (B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube, except that references to particulate matter in 
Method 1A do not apply for the purposes of this subpart. No traverse is 
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to 
determine gas stream volumetric flow rate. Inlet sampling sites shall 
be located as specified in paragraphs (c)(1)(i)(B)(1) and 
(c)(1)(i)(B)(2) of this section. Outlet sampling sites shall be located 
at the outlet of the final control device prior to release to the 
atmosphere.
* * * * *
    (C) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec. 63.488(e).
    (D) Method 18 or Method 25A of 40 CFR part 60, appendix A, shall be 
used to determine the concentration of organic HAP or TOC, as 
appropriate. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301, 40 CFR 
part 63, appendix A, may be used. The use of Method 25A, 40 CFR part 
60, appendix A shall conform with the requirements in paragraphs 
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (ii) If an integrated sample is taken over the entire batch 
emission episode to determine the average batch vent concentration of 
TOC or total organic HAP, emissions per batch emission episode shall be 
calculated using Equations 18 and 19.
[GRAPHIC] [TIFF OMITTED] TR19JN00.014

[GRAPHIC] [TIFF OMITTED] TR19JN00.015

Where:

Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494  x  10\-6\ (ppmv)\-1\ (gm-mole/scm) (kg/gm) (min/
hr), where standard temperature is 20 deg.C.
Cj = Average inlet or outlet concentration of TOC or sample 
organic HAP component j of the gas stream for the batch emission 
episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch 
emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream. Note: Summation is not applicable 
if TOC emissions are being estimated using a TOC

[[Page 38062]]

concentration measured using Method 25A, 40 CFR part 60, appendix A.

    (iii) If grab samples are taken to determine the average batch vent 
concentration of TOC or total organic HAP, emissions shall be 
calculated according to paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) of 
this section.
    (A) For each measurement point, the emission rates shall be 
calculated using Equations 20 and 21.
[GRAPHIC] [TIFF OMITTED] TR19JN00.016

[GRAPHIC] [TIFF OMITTED] TR19JN00.017

Where:

Epoint = Inlet or outlet emission rate for the measurement 
point, kg/hr.
K = Constant, 2.494  x  10-6 (ppmv)-1 (gm-mole/
scm) (kg/gm) (min/hr), where standard temperature is 20 deg. C.
Cj = Inlet or outlet concentration of TOC or sample organic 
HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
j of the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement point, 
dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation is not applicable 
if TOC emissions are being estimated using a TOC concentration measured 
using Method 25A, 40 CFR part 60, appendix A.

* * * * *
    (v) If the batch front-end process vent entering a boiler or 
process heater with a design capacity less than 44 megawatts is 
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total organic HAP or TOC across the device shall 
be determined by comparing the TOC or total organic HAP in all 
combusted batch front-end process vents and primary and secondary fuels 
with the TOC or total organic HAP, respectively, exiting the combustion 
device.
    (2) The percent reduction for the batch cycle shall be determined 
using Equation 25 and the control device efficiencies specified in 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All 
information used to calculate the batch cycle percent reduction, 
including a definition of the batch cycle identifying all batch 
emission episodes, shall be recorded as specified in Sec. 63.491(b)(2). 
This information shall include identification of those batch emission 
episodes, or portions thereof, selected for control.
[GRAPHIC] [TIFF OMITTED] TR19JN00.018

Where:
Eunc = Mass rate of TOC or total organic HAP for 
uncontrolled batch emission episode i, kg/hr.
Einletcon = Mass rate of TOC or total organic HAP for 
controlled batch emission episode i at the inlet to the control device, 
kg/hr.
R = Control efficiency of control device as specified in paragraphs 
(c)(2)(i) through (c)(2)(iii) of this section.
n = Number of uncontrolled batch emission episodes, controlled batch 
emission episodes, and control devices. The value of n is not 
necessarily the same for these three items.

* * * * *
    (d) * * *
    (1) Sampling sites shall be located at the inlet and outlet of the 
scrubber or other halogen reduction device used to reduce halogen 
emissions in complying with Sec. 63.487(c)(1) or at the outlet of the 
halogen reduction device used to reduce halogen emissions in complying 
with Sec. 63.487(c)(2).
    (2) * * *
    (ii) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec. 63.488(e).
    (3) To determine compliance with the percent reduction specified in 
Sec. 63.487(c)(1), the mass emissions for any hydrogen halides and 
halogens present at the inlet of the scrubber or other halogen 
reduction device shall be summed together. The mass emissions of any 
hydrogen halides or halogens present at the outlet of the scrubber or 
other halogen reduction device shall be summed together. Percent 
reduction shall be determined by subtracting the outlet mass emissions 
from the inlet mass emissions and then dividing the result by the inlet 
mass emissions and multiplying by 100.
    (4) To determine compliance with the emission limit specified in 
Sec. 63.487(c)(2), the annual mass emissions for any hydrogen halides 
and halogens present at the outlet of the halogen reduction device and 
prior to any combustion device shall be summed together and compared to 
the emission limit specified in Sec. 63.487(c)(2).
    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301, 40 CFR part 63, appendix A.
    (e) Aggregate batch vent stream testing for compliance with 
Sec. 63.487(b)(2). Except as specified in paragraphs (e)(1) through 
(e)(3) of this section, owners or operators of aggregate batch vent 
streams complying with

[[Page 38063]]

Sec. 63.487(b)(2) shall conduct a performance test using the 
performance testing procedures for continuous front-end process vents 
in Sec. 63.116(c).
    (1) For the purposes of this subpart, when the provisions of 
Sec. 63.116(c) specify that Method 18, 40 CFR part 60, appendix A shall 
be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may be 
used. The use of Method 25A, 40 CFR part 60, appendix A shall conform 
with the requirements in paragraphs (e)(1)(i) and (e)(1)(ii) of this 
section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (2) When Sec. 63.116(c)(4) refers to complying with an emission 
reduction of 98 percent, for the purposes of this subpart, the 90 
percent reduction requirement specified in Sec. 63.487(b)(2) shall 
apply.
* * * * *
    (f) Batch mass input limitation. The batch mass input limitation 
required by Sec. 63.487(g)(1) shall be determined by the owner or 
operator such that annual emissions for the batch front-end process 
vent remain less than the level specified in Sec. 63.488(d). The batch 
mass input limitation required by Sec. 63.487(f)(1) shall be determined 
by the owner or operator such that annual emissions remain at a level 
that ensures that the batch front-end process vent remains a Group 2 
batch front-end process vent, given the actual annual flow rate for 
that batch front-end process vent determined according to 
Sec. 63.488(e)(3). The batch mass input limitation shall be determined 
using the same basis, as described in Sec. 63.488(a)(1), used to make 
the group determination (i.e., expected mix of products or highest-HAP 
recipe). The establishment of the batch mass input limitation is not 
dependent upon any past production or activity level.
    (1) If the expected mix of products serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based on any foreseeable combination of products that the 
owner or operator expects to manufacture.
    (2) If the single highest-HAP recipe serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based solely on the production of the single highest-HAP 
recipe, considering all products produced or processed in the batch 
unit operation.

    13. Section 63.491 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraphs (a)(1) and (a)(2);
    c. Revising paragraph (a)(3)(i);
    d. Revising paragraph (a)(4);
    e. Revising paragraphs (a)(7) through (a)(9);
    f. Revising paragraph (b) introductory text;
    g. Revising paragraphs (b)(1) and (b)(2);
    h. Revising paragraphs (b)(3)(ii) and (b)(3)(iii);
    i. Revising paragraph (b)(4)(iv);
    j. Revising paragraphs (d)(1) and (d)(2);
    k. Revising paragraph (e) introductory text;
    l. Revising paragraphs (e)(1)(i) and (e)(1)(ii);
    m. Revising paragraph (e)(2) introductory text;
    n. Revising paragraphs (e)(2)(i) and (e)(2)(ii);
    o. Revising paragraph (e)(3);
    p. Revising paragraph (e)(4) introductory text;
    q. Revising paragraph (e)(4)(i);
    r. Revising paragraph (f);
    s. Adding paragraph (g); and
    t. Removing and reserving paragraph (e)(4)(ii).
    The revisions and additions read as follows:


Sec. 63.491  Batch front-end process vents--recordkeeping requirements.

    (a) Group determination records for batch front-end process vents. 
Except as provided in paragraphs (a)(7) and (a)(8) of this section, 
each owner or operator of an affected source shall maintain the records 
specified in paragraphs (a)(1) through (a)(6) of this section for each 
batch front-end process vent subject to the group determination 
procedures of Sec. 63.488. Except for paragraph (a)(1) of this section, 
the records required to be maintained by this paragraph are limited to 
the information developed and used to make the group determination 
under Secs. 63.488(b) through 63.488(g), as appropriate. If an owner or 
operator did not need to develop certain information (e.g., annual 
average batch vent flow rate) to determine the group status, this 
paragraph does not require that additional information be developed. 
Paragraph (a)(9) of this section specifies the recordkeeping 
requirements for Group 2 batch front-end process vents that are exempt 
from the batch mass input limitation provisions, as allowed under 
Sec. 63.487(h).
    (1) An identification of each unique product that has emissions 
from one or more batch emission episodes venting from the batch front-
end process vent, along with an identification of the single highest-
HAP recipe for each product and the mass of HAP fed to the reactor for 
that recipe.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this 
section, as appropriate.
    (i) If the group determination is based on the expected mix of 
products, records shall include the emission estimates for the single 
highest-HAP recipe of each unique product identified in paragraph 
(a)(1) of this section that was considered in making the group 
determination under Sec. 63.488.
    (ii) If the group determination is based on the single highest-HAP 
recipe (considering all products produced or processed in the batch 
unit operation), records shall include the emission estimates for the 
single highest-HAP recipe.
    (3) * * *
    (i) For Group 2 batch front-end process vents, emissions shall be 
determined at the batch mass input limitation.
* * * * *
    (4) The annual average batch vent flow rate for the batch front-end 
process vent as determined in accordance with Sec. 63.488(e).
* * * * *
    (7) If a batch front-end process vent is subject to Sec. 63.487(a) 
or Sec. 63.487(b), none of the records in paragraphs (a)(1) through 
(a)(6) of this section are required.
    (8) If the total annual emissions from the batch front-end process 
vent during the group determination are less than the appropriate level 
specified in Sec. 63.488(d), only the records in paragraphs (a)(1) 
through (a)(3) of this section are required.
    (9) For each Group 2 batch front-end process vent that is exempt 
from the batch mass input limitation provisions because it meets the 
criteria of Sec. 63.487(h), the records specified in paragraphs 
(a)(9)(i) and (ii) shall be maintained.
    (i) Documentation of the maximum design capacity of the EPPU; and
    (ii) The mass of HAP or material that can be charged annually to 
the batch unit operation at the maximum design capacity.

[[Page 38064]]

    (b) Compliance demonstration records. Each owner or operator of a 
batch front-end process vent or aggregate batch vent stream complying 
with Sec. 63.487(a) or (b), shall keep the following records, as 
applicable, readily accessible:
    (1) The annual mass emissions of halogen atoms in the batch front-
end process vent or aggregate batch vent stream determined according to 
the procedures specified in Sec. 63.488(h).
    (2) If the owner or operator of a batch front-end process vent has 
chosen to comply with Sec. 63.487(a)(2), records documenting the batch 
cycle percent reduction as specified in Sec. 63.490(c)(2).
    (3) * * *
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.504(c); and
    (iii) Periods when all pilot flames were absent.
    (4) * * *
    (iv) For a scrubber or other halogen reduction device following a 
combustion device to control halogenated batch front-end process vents 
or halogenated aggregate batch vent streams, the percent reduction of 
total hydrogen halides and halogens, as determined under 
Sec. 63.490(d)(3) or the emission limit determined under 
Sec. 63.490(d)(4).
* * * * *
    (d) * * *
    (1) The owner or operator of a Group 2 batch front-end process vent 
required to comply with Sec. 63.487(g) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.487(g)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (2) The owner or operator of a Group 2 batch front-end process vent 
complying with Sec. 63.487(f) shall keep the following records readily 
accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.487(f)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (e) Controlled batch front-end process vent continuous compliance 
records. Each owner or operator of a batch front-end process vent that 
has chosen to use a control device to comply with Sec. 63.487(a) shall 
keep the following records readily accessible:
    (1) * * *
    (i) For flares, the records specified in Table 6 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be maintained in place of batch cycle daily averages.
    (2) Records of the batch cycle daily average value of each 
continuously monitored parameter, except as provided in paragraphs 
(e)(2)(iii) of this section, as calculated using the procedures 
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
    (i) The batch cycle daily average shall be calculated as the 
average of all parameter values measured for an operating day during 
those batch emission episodes, or portions thereof, in the batch cycle 
that the owner or operator has selected to control.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle 
daily averages. In addition, monitoring data recorded during periods of 
non-operation of the EPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions, or periods of start-up, shutdown, 
or malfunction shall not be included in computing the batch cycle daily 
averages.
* * * * *
    (3) Hourly records of whether the flow indicator for bypass lines 
specified under Sec. 63.489(d)(1) was operating and whether a diversion 
was detected at any time during the hour. Also, records of the times of 
all periods when the vent is diverted from the control device, or the 
flow indicator specified in Sec. 63.489(d)(1) is not operating.
    (4) Where a seal or closure mechanism is used to comply with 
Sec. 63.489(d)(2), hourly records of whether a diversion was detected 
at any time are not required.
    (i) For compliance with Sec. 63.489(d)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanism has been done, and shall record the occurrence of all 
periods when the seal mechanism is broken, the bypass line damper or 
valve position has changed, or the key for a lock-and-key type 
configuration has been checked out, and records of any car-seal that 
has been broken.
    (ii) [Reserved.]
* * * * *
    (f) Aggregate batch vent stream continuous compliance records. In 
addition to the records specified in paragraphs (b) and (c) of this 
section, each owner or operator of an aggregate batch vent stream using 
a control device to comply with Sec. 63.487(b)(1) or (b)(2) shall keep 
the following records readily accessible:.
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.489(b) and listed in Table 6 of 
this subpart, as applicable, or specified by the Administrator in 
accordance with Sec. 63.492(e), as allowed under Sec. 63.489(c), with 
the exceptions listed in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section.
    (i) For flares, the records specified in Table 6 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be maintained in place of daily averages.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.506(d).
    (3) For demonstrating compliance with the monitoring of bypass 
lines as specified in Sec. 63.489(d), records as specified in paragraph 
(e)(3) or (e)(4) of this section, as appropriate.
    (g) Documentation supporting the establishment of the batch mass 
input limitation shall include the information specified in paragraphs 
(g)(1) through (g)(5) of this section, as appropriate.
    (1) Identification of whether the purpose of the batch mass input 
limitation is to comply with Sec. 63.487(f)(1) or (g)(1).
    (2) Identification of whether the batch mass input limitation is 
based on the single highest-HAP recipe (considering all products) or on 
the expected mix of products for the batch front-end process vent as 
allowed under Sec. 63.488(a)(1).
    (3) Definition of the operating year, for the purposes of 
determining compliance with the batch mass input limitation.
    (4) If the batch mass input limitation is based on the expected mix 
of products, the owner or operator shall provide documentation that 
describes as many scenarios for differing mixes of products (i.e., how 
many of each type of product) as the owner or operator desires the 
flexibility to accomplish. Alternatively, the owner or operator shall 
provide a description of the relationship among the mix of products 
that will allow a determination of compliance with the batch mass input 
limitation under any number of scenarios.

[[Page 38065]]

    (5) The mass of HAP or material allowed to be charged to the batch 
unit operation per year under the batch mass input limitation.

    14. Section 63.492 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (b);
    c. Revising paragraph (c) introductory text;
    d. Revising paragraph (c)(2);
    e. Revising paragraph (d);
    f.
    Revising paragraph (e);
    g. Revising paragraph (f);
    h. Adding paragraphs (a)(5) and (a)(6); and
    i. Removing paragraph (c)(3).
    The revisions and additions read as follows:


Sec. 63.492  Batch front-end process vents--reporting requirements.

    (a) The owner or operator of a batch front-end process vent or 
aggregate batch vent stream at an affected source shall submit the 
information specified in paragraphs (a)(1) through (a)(6) of this 
section, as appropriate, as part of the Notification of Compliance 
Status specified in Sec. 63.506(e)(5).
* * * * *
    (5) For each Group 2 batch front-end process vent that is exempt 
from the batch mass input limitation provisions because it meets the 
criteria of Sec. 63.487(h), the information specified in 
Sec. 63.491(a)(1) through (3), and the information specified in 
Sec. 63.491(a)(4) through (6) as applicable, calculated at the 
conditions specified in Sec. 63.487(h).
    (6) When engineering assessment has been used to estimate emissions 
from a batch emissions episode and the criteria specified in 
Sec. 63.488(b)(6)(i)(A) or (B) have been met, the owner or operator 
shall submit the information demonstrating that the criteria specified 
in Sec. 63.488(b)(6)(i)(A) or (B) have been met as part of the 
Notification of Compliance Status required by Sec. 63.506(e)(5).
    (b) Whenever a process change, as defined in Sec. 63.488(i)(1), is 
made that causes a Group 2 batch front-end process vent to become a 
Group 1 batch front-end process vent, the owner or operator shall 
notify the Administrator and submit a description of the process change 
within 180 days after the process change is made or with the next 
Periodic Report, whichever is later. The owner or operator of an 
affected source shall comply with the Group 1 batch front-end process 
vent provisions in Secs. 63.486 through 63.492 in accordance with 
Sec. 63.480(i)(2)(ii).
    (c) Whenever a process change, as defined in Sec. 63.488(i)(1), is 
made that causes a Group 2 batch front-end process vent with annual 
emissions less than the level specified in Sec. 63.488(d) for which the 
owner or operator is required to comply with Sec. 63.487(g) to have 
annual emissions greater than or equal to the level specified in 
Sec. 63.488(d) but remains a Group 2 batch front-end process vent, or 
if a process change is made that requires the owner or operator to 
redetermine the batch mass input limitation as specified in 
Sec. 63.488(i)(3), the owner or operator shall submit a report within 
180 days after the process change is made or with the next Periodic 
Report, whichever is later. The following information shall be 
submitted:
* * * * *
    (2) The batch mass input limitation determined in accordance with 
Sec. 63.487(f)(1).
    (d) The owner or operator is not required to submit a report of a 
process change if one of the conditions specified in paragraphs (d)(1) 
or (d)(2) of this section is met.
    (1) The change does not meet the description of a process change in 
Sec. 63.488(i).
    (2) The redetermined group status remains Group 2 for an individual 
batch front-end process vent with annual emissions greater than or 
equal to the level specified in Sec. 63.488(d) and the batch mass input 
limitation does not decrease, or a Group 2 batch front-end process vent 
with annual emissions less than the level specified in Sec. 63.488(d) 
complying with Sec. 63.487(g) continues to have emissions less than the 
level specified in Sec. 63.488(d) and the batch mass input limitation 
does not decrease.
    (e) If an owner or operator uses a control device other than those 
specified in Sec. 63.489(b) and listed in Table 6 of this subpart or 
requests approval to monitor a parameter other than those specified in 
Sec. 63.489(b) and listed in Table 6 of this subpart, the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec. 63.506(f), as part of 
the Precompliance Report as required under Sec. 63.506(e)(3). The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.
    (f) Owners or operators of affected sources complying with 
Sec. 63.489(d), shall comply with paragraph (f)(1) or (f)(2) of this 
section, as appropriate.
    (1) Submit reports of the times of all periods recorded under 
Sec. 63.491(e)(3) when the batch front-end process vent is diverted 
away from the control device through a bypass line, with the next 
Periodic Report.
    (2) Submit reports of all occurrences recorded under 
Sec. 63.491(e)(4) in which the seal mechanism is broken, the bypass 
line damper or valve position has changed, or the key to unlock the 
bypass line damper or valve was checked out, with the next Periodic 
Report.

    15. Section 63.493 is revised to read as follows:


Sec. 63.493  Back-end process provisions.

    Owners and operators of new and existing affected sources shall 
comply with the requirements in Secs. 63.494 through 63.500. Owners and 
operators of affected sources whose only elastomer products are latex 
products, liquid rubber products, or products produced in a gas-phased 
reaction process are not subject to the provisions of Secs. 63.494 
through 63.500. If latex or liquid rubber products are produced in an 
affected source that also produces another elastomer product, the 
provisions of Secs. 63.484 through 63.500 do not apply to the back-end 
operations dedicated to the production of one or more latex products or 
to the back-end operations during the production of a latex product. 
Section 63.494 contains residual organic HAP limitations. Compliance 
with these residual organic HAP limitations may be achieved by using 
either stripping technology, or by using control or recovery devices. 
If compliance with these limitations is achieved using stripping 
technology, the procedures to determine compliance are specified in 
Sec. 63.495. If compliance with these limitations is achieved using 
control or recovery devices, the procedures to determine compliance are 
specified in Sec. 63.496, and associated monitoring requirements are 
specified in Sec. 63.497. Recordkeeping requirements are contained in 
Sec. 63.498, and reporting requirements in Sec. 63.499. Section 63.500 
contains a limitation on carbon disulfide emissions from affected 
sources that produce styrene butadiene rubber using an emulsion 
process. Table 8 to this subpart contains a summary of compliance 
alternative requirements for these sections.

    16. Section 63.494 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraphs (a)(1)(i), (a)(2)(i) and (a)(3)(i);
    c. Revising paragraph (a)(4); and
    d. Adding paragraph (d).
    The revisions and additions read as follows:


Sec. 63.494  Back-end process provisions--residual organic HAP 
limitations.

    (a) The monthly weighted average residual organic HAP content of 
all

[[Page 38066]]

grades of elastomer processed, measured after the stripping operation 
[or the reactor(s), if the plant has no stripper(s)] as specified in 
Sec. 63.495(d), shall not exceed the limits provided in paragraphs 
(a)(1) through (a)(4) of this section, as applicable. Owners or 
operators of affected sources shall comply with the requirements of 
this paragraph using either stripping technology or control or recovery 
devices.
    (1) * * *
    (i) A monthly weighted average of 0.40 kg styrene per megagram (Mg) 
latex for existing affected sources; and
* * * * *
    (2) * * *
    (i) A monthly weighted average of 10 kg total organic HAP per Mg 
crumb rubber (dry weight) for existing affected sources; and
* * * * *
    (3) * * *
    (i) A monthly weighted average of 8 kg total organic HAP per Mg 
crumb rubber (dry weight) for existing affected sources; and
* * * * *
    (4) There are no back-end process operation residual organic HAP 
limitations for neoprene, HypalonTM, nitrile-butadiene 
rubber, butyl rubber, halobutyl rubber, epichlorohydrin elastomer, and 
polysulfide rubber. There are also no back-end process operation 
residual organic HAP limitations for latex products, liquid rubber 
products, products produced in a gas-phased reaction process, styrene 
butadiene rubber produced by any process other than a solution or 
emulsion process, polybutadiene rubber produced by any process other 
than a solution process, or ethylene-propylene rubber produced by any 
process other than a solution process.
* * * * *
    (d) If the owner or operator complies with the residual organic HAP 
limitations in paragraph (a) of this section using a flare, the owner 
or operator of an affected source shall comply with the requirements in 
Sec. 63.504(c).

    17. Section 63.495 is amended by:
    a. Revising paragraphs (b)(2)(i) and (b)(2)(ii);
    b. Revising paragraph (b)(5); and
    c. Revising paragraph (f).
    The revisions read as follows:


Sec. 63.495  Back-end process provisions--procedures to determine 
compliance using stripping technology.

* * * * *
    (b) * * *
    (2) * * *
    (i) If a stripper operated in batch mode is used, at least one 
representative sample is to be taken from every batch of elastomer 
produced, at the location specified in paragraph (d) of this section, 
and identified by elastomer type and by the date and time the batch is 
completed.
    (ii) If a stripper operated in continuous mode is used, at least 
one representative sample is to be taken each operating day. The sample 
is to be taken at the location specified in paragraph (d) of this 
section, and identified by elastomer type and by the date and time the 
sample was taken.
* * * * *
    (5) The monthly weighted average shall be determined using the 
equation in paragraph (f) of this section. All samples taken and 
analyzed during the month shall be used in the determination of the 
monthly weighted average, except samples taken during periods of start-
up, shutdown, or malfunction.
* * * * *
    (f) The monthly weighted average residual organic HAP content shall 
be calculated using Equation 26.
[GRAPHIC] [TIFF OMITTED] TR19JN00.019

Where:

HAPCONTavg,mo = Monthly weighted average organic HAP content 
for all rubber processed at the affected source, kg organic HAP per Mg 
latex or dry crumb rubber.
n = Number of samples in the month.
Ci = Residual organic HAP content of sample i, determined in 
accordance with paragraph (b)(3) or (c)(3) of this section, kg organic 
HAP per Mg latex or dry crumb rubber.
Pi = Weight of latex or dry crumb rubber represented by 
sample i.
Pmo = Weight of latex or dry crumb rubber (Mg) processed in 
the month.

    18. Section 63.496 is amended by:
    a. Revising paragraph (b) introductory text;
    b. Revising paragraph (b)(5)(i);
    c. Revising paragraph (b)(5)(iii);
    d. Revising paragraph (b)(6)(iv);
    e. Revising paragraph (b)(7) introductory text;
    f. Revising paragraph (b)(7)(i);
    g. Revising paragraph (b)(7)(iv);
    h. Revising paragraph (b)(8) introductory text;
    i. Revising paragraph (c)(1); and
    j. Adding paragraph (b)(7)(vi).
    The revisions and additions read as follows:


Sec. 63.496  Back-end process provisions--procedures to determine 
compliance using control or recovery devices.

* * * * *
    (b) Compliance shall be demonstrated using the provisions in 
paragraphs (b)(1) through (b)(8) of this section, as applicable.
* * * * *
    (5) * * *
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites. Sampling sites for 
inlet emissions shall be located as specified in paragraphs 
(b)(5)(i)(A) or (b)(5)(i)(B) of this section. Sampling sites for outlet 
emissions shall be located at the outlet of the control or recovery 
device.
    (A) The inlet sampling site shall be located at the exit of the 
back-end process unit operation before any opportunity for emission to 
the atmosphere [with the exception of equipment in compliance with the 
requirements in Secs. 63.502(a) through 63.502(m)], and before any 
control or recovery device.
    (B) If back-end process vent streams are combined prior to being 
routed to control or recovery devices, the inlet sampling site may be 
for the combined stream, as long as there is no opportunity for 
emission to the atmosphere [with the exception of equipment in 
compliance with the requirements in Secs. 63.502(a) through 63.502(m)] 
from any of the streams prior to being combined.
* * * * *
    (iii) To determine the inlet and outlet total organic HAP 
concentrations, the owner or operator shall use Method 18 or Method 25A 
of 40 CFR part 60, appendix A. Alternatively, any other method or data 
that has been validated according to the applicable procedures in 
Method 301, 40 CFR part 63,

[[Page 38067]]

appendix A may be used. The minimum sampling time for each run shall be 
in accordance with paragraph (b)(1) of this section, during which 
either an integrated sample or grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately 
equal intervals during the run, with the time between samples no 
greater than 15 minutes.
* * * * *
    (6) * * *
    (iv) The outlet total organic HAP emissions associated with the 
back-end process unit operation shall be calculated using Equation 30, 
as shown in paragraph (b)(8) of this section.
    (7) An owner or operator is not required to conduct a source test 
to determine the outlet organic HAP emissions if any control device 
specified in paragraphs (b)(7)(i) through (b)(7)(vi) of this section is 
used. For these devices, the inlet emissions associated with the back-
end process unit operation shall be determined in accordance with 
paragraph (b)(5) of this section, and the outlet emissions shall be 
calculated using the equation in paragraph (b)(8) of this section.
    (i) A flare. The owner or operator shall demonstrate compliance as 
provided in Sec. 63.504(c).
* * * * *
    (iv) A control device for which a performance test was conducted 
for determining compliance with a regulation promulgated by the EPA and 
the test was conducted using the same Methods specified in this section 
and either no deliberate process changes have been made since the test, 
or the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
* * * * *
    (vi) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR Part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (8) If one of the control devices listed in paragraph (b)(6) or 
(b)(7) of this section is used, the outlet emissions shall be 
calculated using Equation 30.
[GRAPHIC] [TIFF OMITTED] TR19JN00.020

where:

Eo = Mass rate of total organic HAP at the outlet of the 
control or recovery device, dry basis, kg/hr.
Ei = Mass rate of total organic HAP at the inlet of the 
control or recovery device, dry basis, kg/hr, determined using the 
procedures in paragraph (b)(5)(iv) of this section.
R = Control efficiency of control device, as specified in paragraph 
(b)(8)(i), (ii), or (iii) of this section.
* * * * *
    (c) * * *
    (1) For each test run, the residual organic HAP content, adjusted 
for the control or recovery device emission reduction, shall be 
calculated using Equation 31.
[GRAPHIC] [TIFF OMITTED] TR19JN00.021

Where:

HAPCONTrun = Residual organic HAP content, kg organic HAP 
per kg elastomer (latex or dry crumb rubber).
C = Total uncontrolled organic HAP content, determined in accordance 
with paragraph (b)(3) of this section, kg organic HAP per kg latex or 
dry crumb rubber.
P = Weight of latex or dry crumb rubber processed during test run.
Ei,run = Mass rate of total organic HAP at the inlet of the 
control or recovery device, dry basis, kg per test run.
Eo,run = Mass rate of total organic HAP at the outlet of the 
control or recovery device, dry basis, kg per test run.

* * * * *

    19. Section 63.497 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(6);
    c. Revising paragraph (c);
    d. Revising paragraph (d) introductory text; and
    e. Removing paragraph (d)(3).
    The revisions read as follows:


Sec. 63.497  Back-end process provisions--monitoring provisions for 
control and recovery devices.

    (a) An owner or operator complying with the residual organic HAP 
limitations in Sec. 63.494(a) using control or recovery devices, or a 
combination of stripping and control or recovery devices, shall install 
the monitoring equipment specified in paragraphs (a)(1) through (a)(6) 
of this section, as appropriate.
* * * * *
    (6) For a carbon adsorber, an integrating regeneration steam flow, 
nitrogen flow, or pressure monitoring device having an accuracy of at 
least 10 percent of the flow rate, level, or pressure, 
capable of recording the total regeneration steam flow or nitrogen 
flow, or pressure (gauge or absolute) for each regeneration cycle; and 
a carbon bed temperature monitoring device, capable of recording the 
carbon bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle are required.
* * * * *
    (c) The owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter, that indicates proper 
operation of the control or recovery device for each parameter 
monitored under paragraphs (a)(1) through (a)(6) of this section. This 
level is determined in accordance with Sec. 63.505. The established 
level, along with supporting documentation, shall be submitted in the 
Notification of Compliance Status or the operating permit application, 
as required in Sec. 63.506(e)(5) or (e)(8), respectively. The owner or 
operator shall operate control and recovery devices so that the daily 
average value is above or below the established level, as required, to 
ensure continued compliance with the standard, except as otherwise 
stated in this subpart.
    (d) The owner or operator of an affected source with a controlled 
back-end process vent using a vent system that contains bypass lines 
that could divert a vent stream away from the control or recovery 
device used to comply with Sec. 63.494(a) shall comply with paragraph 
(d)(1) or (d)(2) of this section. Equipment such as low leg drains, 
high point bleeds, analyzer vents, open-ended valves or lines, and 
pressure relief valves needed for safety purposes are not subject to 
this paragraph.
* * * * *


    20. Section 63.498 is amended by:
    a. Revising paragraph (a);

[[Page 38068]]

    b. Revising paragraph (d) introductory text;
    c. Revising paragraphs (d)(1) through (d)(4);
    d. Revising paragraph (d)(5) introductory text;
    e. Revising paragraph (d)(5)(i);
    f. Revising paragraph (d)(5)(ii)(B);
    g. Revising paragraph (d)(5)(iv) introductory text;
    h. Revising paragraph (d)(5)(iv)(A); and
    i. Removing and reserving paragraph (d)(5)(iv)(B).
    The revisions read as follows:


Sec. 63.498  Back-end process provisions--recordkeeping.

    (a) Each owner or operator shall maintain the records specified in 
paragraphs (b) through (d) of this section, as appropriate.
* * * * *
    (d) Each owner or operator of a back-end process operation using 
control or recovery devices to comply with an organic HAP emission 
limitation in Sec. 63.494(a) shall maintain the records specified in 
paragraphs (d)(1) through (d)(5) of this section. The recordkeeping 
requirements contained in paragraphs (d)(1) through (d)(4) pertain to 
the results of the testing required by Sec. 63.496(b), for each of the 
three required test runs.
    (1) The uncontrolled residual organic HAP content in the latex or 
dry crumb rubber, as required to be determined by Sec. 63.496(b)(3), 
including the test results of the analysis;
    (2) The total quantity of material (weight of latex or dry crumb 
rubber) processed during the test run, recorded in accordance with 
Sec. 63.496(b)(4);
    (3) The organic HAP emissions at the inlet and outlet of the 
control or recovery device, determined in accordance with 
Sec. 63.496(b)(5) through (b)(8), including all test results and 
calculations.
    (4) The residual organic HAP content, adjusted for the control or 
recovery device emission reduction, determined in accordance with 
Sec. 63.496(c)(1).
    (5) Each owner or operator using a control or recovery device shall 
keep the following records readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.497(a) or specified by the 
Administrator in accordance with Sec. 63.497(b). For flares, the 
records specified in Table 3 of 40 CFR part 63, subpart G shall be 
maintained in place of continuous records.
    (ii) * * *
    (B) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or 
daily averages. In addition, monitoring data recorded during periods of 
non-operation of the EPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions or during periods of start-up, 
shutdown, or malfunction shall not be included in computing the hourly 
or daily averages. Records shall be kept of the times and durations of 
all such periods and any other periods of process or control device 
operation when monitors are not operating.
* * * * *
    (iv) Where a seal mechanism is used to comply with 
Sec. 63.497(d)(2), hourly records of flow are not required.
    (A) For compliance with Sec. 63.497(d)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanisms has been done, and shall record instances when the 
seal mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (B) [Reserved]

    21. Section 63.499 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b)(2);
    c. Revising paragraph (c) introductory text;
    d. Revising paragraph (c)(3); and
    e. Revising paragraph (d) introductory text.
    The revisions read as follows:


Sec. 63.499  Back-end process provisions--reporting.

    (a) The owner or operator of an affected source with back-end 
process operations shall submit the information required in paragraphs 
(a)(1) through (a)(3) of this section, for each back-end process 
operation at the affected source, as part of the Notification of 
Compliance Status specified in Sec. 63.506(e)(5).
    (1) The type of elastomer product processed in the back-end 
operation.
    (2) The type of process (solution process, emulsion process, etc.)
    (3) If the back-end process operation is subject to an emission 
limitation in Sec. 63.494(a), whether compliance will be achieved by 
stripping technology, or by control or recovery devices.
    (b) * * *
    (2) For organic HAP content/stripper monitoring parameter re-
determinations, and the addition of new grades, the information 
specified in Sec. 63.498(c)(1) shall be submitted in the next periodic 
report specified in Sec. 63.506(e)(6).
    (c) Each owner or operator of an affected source with a back-end 
process operation control or recovery device that shall comply with an 
emission limitation in Sec. 63.494(a) shall submit the information 
specified in paragraphs (c)(1) through (c)(3) of this section as part 
of the Notification of Compliance Status specified in 
Sec. 63.506(e)(5).
* * * * *
    (3) The information specified in paragraphs (c)(3)(i) when using a 
flare, and the information specified in paragraph (c)(3)(ii) of this 
section when using a boiler or process heater.
    (i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted); all visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination; and all periods during the compliance 
determination when the pilot flame is absent.
    (ii) A description of the location at which the vent stream is 
introduced into the boiler or process heater.
    (d) Whenever a process change, as defined in Sec. 63.496(d), is 
made that causes the redetermination of the compliance status for the 
back-end process operations, the owner or operator shall submit a 
report within 180 days after the process change as specified in 
Sec. 63.506(e)(7)(iii). The report shall include:
* * * * *
    22. Section 63.500 is amended by:

    a. Revising paragraph (a)(3);
    b. Revising paragraph (c)(1) introductory text;
    c. Revising paragraph (c)(1)(iii) introductory text;
    d. Revising paragraph (c)(2) introductory text; and
    e. Revising paragraph (d)(2).
    The revisions read as follows:


Sec. 63.500  Back-end process provisions--carbon disulfide limitations 
for styrene butadiene rubber by emulsion processes.

    (a) * * *
    (3) The owner or operator shall operate the process in accordance 
with a validated standard operating procedure at all times when styrene 
butadiene rubber is being produced using a sulfur containing shortstop 
agent. If a standard operating procedure is changed, it shall be re-
validated.
* * * * *
    (c) * * *
    (1) The owner or operator may choose to conduct a performance test, 
using the procedures in paragraphs (c)(1)(i) through (c)(1)(iii) of 
this section to demonstrate compliance with the

[[Page 38069]]

carbon disulfide concentration limitation in paragraph (a) of this 
section. One test shall be conducted for each standard operating 
procedure.
* * * * *
    (iii) To determine compliance with the carbon disulfide 
concentration limit in paragraph (a) of this section, the owner or 
operator shall use Method 18 or Method 25A of 40 CFR part 60, appendix 
A to measure carbon disulfide. Alternatively, any other method or data 
that has been validated according to the applicable procedures in 
Method 301, 40 CFR part 63, appendix A, may be used. The following 
procedures shall be used to calculate carbon disulfide concentration:
* * * * *
    (2) The owner or operator may use engineering assessment to 
demonstrate compliance with the carbon disulfide concentration 
limitation in paragraph (a) of this section. Engineering assessment 
includes, but is not limited to, the following:
* * * * *
    (d) * * *
    (2) A description of the standard operating procedure used during 
the testing. This description shall include, at a minimum, an 
identification of the sulfur containing shortstop agent added to the 
styrene butadiene rubber prior to the dryers, an identification of the 
point and time in the process where the sulfur containing shortstop 
agent is added, and an identification of the amount of sulfur 
containing shortstop agent added per unit of latex.
* * * * *

    23. Section 63.501 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b);
    c. Revising paragraph (c)(1); and
    d. Removing paragraph (d).
    The revisions read as follows:


Sec. 63.501  Wastewater provisions.

    (a) Except as specified in paragraph (c) of this section, the owner 
or operator of each affected source shall comply with the requirements 
of Secs. 63.132 through 63.147 for each process wastewater stream 
originating at an affected source, with the requirements of Sec. 63.148 
for leak inspection provisions, and with the requirements of 
Sec. 63.149 for equipment that is subject to Sec. 63.149, with the 
differences noted in paragraphs (a)(1) through (a)(23) of this section. 
Further, the owner or operator of each affected source shall comply 
with the requirements of Sec. 63.105(a) for maintenance wastewater, as 
specified in paragraph (b) of this section.
    (1) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
provisions in Sec. 63.6(g) shall apply for the purposes of this 
subpart.
    (2) When the storage vessel requirements contained in Secs. 63.119 
through 63.123 are referred to in Secs. 63.132 through 63.149, 
Secs. 63.119 through 63.123 are applicable, with the exception of the 
differences referred to in Sec. 63.484, for the purposes of this 
subpart.
    (3) Owners and operators of affected sources are not required to 
comply with the requirements in Sec. 63.132(b)(1) and Sec. 63.132(d). 
Owners and operators of new affected sources, as defined in this 
subpart, shall comply with the requirements for existing sources in 
Secs. 63.132 through 63.149, with the exceptions noted in paragraphs 
(a)(4), (a)(10), and (a)(23) of this section.
    (4) When Sec. 63.146(a) requires the submission of a request for 
approval to monitor alternative parameters according to the procedures 
specified in Sec. 63.151(f) or (g), owners or operators requesting to 
monitor alternative parameters shall follow the procedures specified in 
Sec. 63.506(f), for the purposes of this subpart.
    (5) When Sec. 63.147(d) requires owners or operators to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec. 63.152(f), owners 
and operators shall instead keep records of the daily average value of 
each continuously monitored parameter as specified in Sec. 63.506(d), 
for the purposes of this subpart.
    (6) When Secs. 63.132 through 63.149 refer to an ``existing 
source,'' the term ``existing affected source,'' as defined in 
Sec. 63.480(a)(3) shall apply, for the purposes of this subpart.
    (7) When Secs. 63.132 through 63.149 refer to a ``new source,'' the 
term ``new affected source,'' as defined in Sec. 63.480(a)(4) shall 
apply, for the purposes of this subpart.
    (8) Whenever Secs. 63.132 through 63.149 refer to a ``chemical 
manufacturing process unit,'' the term ``elastomer product process 
unit,'' (or EPPU) as defined in Sec. 63.482, shall apply for the 
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a 
chemical manufacturing process unit that meets the criteria of 
Sec. 63.100(b) of subpart F of this part,'' the term ``an EPPU as 
defined in Sec. 63.482(b)'' shall apply for the purposes of this 
subpart.
    (9) When Sec. 63.132(a) and (b) refer to the ``applicable dates 
specified in Sec. 63.100 of subpart F of this part,'' the compliance 
dates specified in Sec. 63.481 shall apply, for the purposes of this 
subpart.
    (10) The provisions of paragraphs (a)(10)(i), (a)(10)(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 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. 63.482 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 and/or List 2, 
as listed in 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. 63.482 and that are listed in table 
36 of 40 CFR part 63, subpart G, for the purposes of this subpart.
    (11) Whenever Secs. 63.132 through 63.147 refer to a Group 1 
wastewater stream or a Group 2 wastewater stream, the definitions of 
these terms contained in Sec. 63.482 shall apply, for the purposes of 
this subpart.
    (12) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'' 
the phrase ``Sec. 63.480(c)'' shall apply for the purposes of this 
subpart. In addition, where Sec. 63.149(d) states ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, or H of this part'', the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, H, or U of this part,'' shall apply for the purposes 
of this subpart.
    (13) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2),'' the phrase ``an EPPU that 
is part of a new affected source or that is a new affected source,'' 
shall apply for the purposes of this subpart.
    (14) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146, 
the Notification of Compliance Status requirements contained in 
Sec. 63.506(e)(5) shall apply for the purposes of this subpart. In 
addition, when Secs. 63.138 and 63.146 require that information be 
reported

[[Page 38070]]

according to Sec. 63.152(b) in the Notification of Compliance Status, 
owners or operators of affected sources shall report the specified 
information in the Notification of Compliance Status required by 
Sec. 63.506(e)(5), for the purposes of this subpart.
    (15) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report 
requirements contained in Sec. 63.506(e)(6) shall apply for the 
purposes of this subpart. In addition, when Sec. 63.146 requires that 
information be reported in the Periodic Reports required in 
Sec. 63.152(c), owners or operators of affected sources shall report 
the specified information in the Periodic Reports required in 
Sec. 63.506(e)(6), for the purposes of this subpart.
    (16) When the term ``range'' is used in Secs. 63.132 through 
63.149, the term ``level'' shall apply instead, for the purposes of 
this subpart. This level shall be determined using the procedures 
specified in Sec. 63.505.
    (17) When Sec. 63.143(f) specifies that owners or operators shall 
establish the range that indicates proper operation of the treatment 
process or control device, the owner or operator shall instead comply 
with the requirements of Sec. 63.505(c) or (d) for establishing 
parameter level maximums/minimums, for the purposes of this subpart.
    (18) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that 
``the information on parameter ranges specified in Sec. 63.152(b)(2)'' 
be reported in the Notification of Compliance Status, owners and 
operators of affected sources are instead required to report the 
information on parameter levels in the Notification of Compliance 
Status as specified in Sec. 63.506(e)(5)(ii), for the purposes of this 
subpart.
    (19) For the purposes of this subpart, the owner or operator of an 
affected source is not required to include process wastewater streams 
that contain styrene when conducting performance tests for the purposes 
of calculating the required mass removal (RMR) or the actual mass 
removal (AMR) under the provisions described in Sec. 63.145(f) or 
Sec. 63.145(g). For purposes of this paragraph, a process wastewater 
stream is considered to contain styrene if the wastewater stream meets 
the requirements in paragraph (a)(19)(i), (ii), or (iii) of this 
section:
    (i) The wastewater stream originates at equipment that produces 
styrene butadiene rubber by solution;
    (ii) The wastewater stream originates at equipment that produces 
styrene butadiene rubber by emulsion; or
    (iii) The wastewater stream originates at equipment that produces 
styrene butadiene latex.
    (20) When the provisions of Sec. 63.139(c)(1)(ii), 
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR 
part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part 
60, appendix A may be used for the purposes of this subpart. The use of 
Method 25A, 40 CFR part 60, appendix A shall conform with the 
requirements in paragraphs (a)(20)(i) and (a)(20)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (21) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b), 
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the 
requirements in Sec. 63.504(c) shall apply.
    (22) The owner or operator of a facility which receives a Group 1 
wastewater stream, or a residual removed from a Group 1 wastewater 
stream, for treatment pursuant to Sec. 63.132(g) is subject to the 
requirements of Sec. 63.132(g) with the differences identified in this 
section, and is not subject to subpart DD of this part, with respect to 
the received material.
    (23) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137'' 
or ``Secs. 63.133 through 63.147'', the provisions in this Sec. 63.501 
shall apply, for the purposes of this subpart.
    (b) Except for those streams exempted by paragraph (c) of this 
section, the owner or operator of each affected source shall comply 
with the requirements for maintenance wastewater in Sec. 63.105, except 
that when Sec. 63.105(a) refers 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. 63.482 and that are listed in table 9 of 40 CFR part 63, subpart 
G, for the purposes of this subpart.
    (c) * * *
    (1) Back-end wastewater streams originating from equipment whose 
only elastomer products are latex products.

    24. Section 63.502 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraphs (b)(1) through (b)(3);
    e. Revising paragraphs (b)(5) through (b)(7);
    f. Revising paragraph (c);
    g. Revising paragraph (d);
    h. Revising paragraph (e);
    i. Revising paragraph (f);
    j. Revising paragraph (g);
    k. Revising paragraph (h);
    l. Revising paragraph (i);
    m. Revising paragraph (j);
    n. Adding paragraph (k);
    o. Adding paragraph (l);
    p. Adding paragraph (m); and
    q. Adding paragraph (n).
    The revisions and additions read as follows:


Sec. 63.502  Equipment leak and heat exchange system provisions.

    (a) Equipment leak provisions. The owner or operator of each 
affected source, shall comply with the requirements of subpart H of 
this part, with the exceptions noted in paragraphs (b) through (m) of 
this section.
    (b) Surge control vessels and bottoms receivers described in 
paragraphs (b)(1) through (b)(7) of this section are exempt from the 
requirements contained in Sec. 63.170.
    (1) Surge control vessels and bottoms receivers that receive only 
styrene-butadiene latex;
    (2) Surge control vessels and bottoms receivers that receive latex 
products other than styrene-butadiene latex, located downstream of the 
stripping operations;
    (3) Surge control vessels and bottoms receivers that receive only 
high conversion latex products;
* * * * *
    (5) Surge control vessels and bottoms receivers that receive only 
styrene;
    (6) Surge control vessels and bottoms receivers that receive only 
acrylamide; and
    (7) Surge control vessels and bottoms receivers that receive only 
epichlorohydrin.
    (c) The compliance date for the equipment leak provisions in this 
section is provided in Sec. 63.481(d). Whenever subpart H of this part 
refers to the compliance dates specified in any paragraph contained in 
Sec. 63.100, the compliance dates listed in Sec. 63.481(d) shall 
instead apply, for the purposes of this subpart. When Sec. 63.182(c)(4) 
refers to ``sources subject to subpart F,'' the phrase ``sources 
subject to this subpart'' shall apply, for the purposes of this 
subpart. In addition, extensions of compliance dates are addressed by 
Sec. 63.481(e) instead of by Sec. 63.182(a)(6), for the purposes of 
this subpart.
    (d) For an affected source producing polybutadiene rubber or 
styrene

[[Page 38071]]

butadiene rubber by solution, the conditions in paragraphs (d)(1), 
(d)(2), and (d)(3) of this section are applicable.
    (1) Indications of liquids dripping, as defined in subpart H of 
this part, from bleed ports in pumps and agitator seals in light liquid 
service, shall not be considered a leak. For the purposes of this 
subpart, a ``bleed port'' is a technologically-required feature of the 
pump or seal whereby polymer fluid used to provide lubrication and/or 
cooling of the pump or agitator shaft exits the pump, thereby resulting 
in a visible dripping of fluid.
    (2) For reciprocating pumps in heavy liquid service, owners and 
operators are not required to comply with the requirements in 
Sec. 63.169 and associated recordkeeping and reporting requirements.
    (3) Reciprocating pumps in light liquid service are exempt from 
Sec. 63.163 and associated recordkeeping and reporting requirements, if 
recasting the distance piece or reciprocating pump replacement would be 
necessary to comply with that section.
    (e) Owners and operators of an affected source subject to this 
subpart are not required to submit the Initial Notification required by 
Sec. 63.182(a)(1) and Sec. 63.182(b).
    (f) As specified in Sec. 63.506(e)(5), the Notification of 
Compliance Status required by Sec. 63.182(a)(2) and Sec. 63.182(c) 
shall be submitted within 150 days (rather than 90 days) of the 
applicable compliance date specified in Sec. 63.481(d) for the 
equipment leak provisions.
    (g) The information specified by Sec. 63.182(a)(3) and 
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of 
the Periodic Reports required by Sec. 63.506(e)(6).
    (h) If specific items of equipment, comprising part of a process 
unit subject to this subpart, are managed by different administrative 
organizations (e.g., different companies, affiliates, departments, 
divisions, etc.), those items of equipment may be aggregated with any 
EPPU within the affected source for all purposes under subpart H of 
this part, providing there is no delay in achieving the applicable 
compliance date.
    (i) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 9 of subpart G of this subpart that are also listed 
on Table 5 of this subpart.
    (j) When the provisions of subpart H of this part specify that 
Method 18, 40 CFR part 60, appendix A shall be used, either Method 18 
or Method 25A, 40 CFR part 60, appendix A may be used for the purposes 
of this subpart. The use of Method 25A, 40 CFR part 60, appendix A 
shall conform with the requirements in paragraphs (j)(1) and (j)(2) of 
this section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of emissions.
    (2) The use of Method 25A, 40 CFR part 63, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
    (k) An owner or operator using a flare to comply with the 
requirements of this section shall conduct a compliance demonstration 
as specified in Sec. 63.504(c).
    (l) When the term ``equipment'' is used in subpart H of this part, 
the definition of this term in Sec. 63.482(b) shall apply for the 
purposes of this subpart.
    (m) The phrase ``the provisions of subparts F, I, or U of this 
part'' shall apply instead of the phrase ``the provisions of subpart F 
or I of this part'' throughout Secs. 63.163 and 63.168, for the 
purposes of this subpart. In addition, the phrase ``subparts F, I, and 
U'' shall apply instead of the phrase ``subparts F and I'' in 
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
    (n) Heat exchange system provisions. The owner or operator of each 
affected source shall comply with the requirements of Sec. 63.104 for 
heat exchange systems, with the exceptions noted in paragraphs (n)(1) 
through (n)(5) of this section.
    (1) When the term ``chemical manufacturing process unit'' is used 
in Sec. 63.104, the term ``elastomer product process unit'' (or EPPU) 
shall apply for the purposes of this subpart, with the exception noted 
in paragraph (n)(2) of this section.
    (2) When the phrase ``a chemical manufacturing process unit meeting 
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart, 
except for chemical manufacturing process units meeting the condition 
specified in Sec. 63.100(c) of this subpart'' is used in 
Sec. 63.104(a), the term ``an EPPU, except for EPPUs meeting the 
condition specified in Sec. 63.480(b)'' shall apply for the purposes of 
this subpart.
    (3) When Sec. 63.104 refers to Table 4 of subpart F of this part or 
Table 9 of subpart G of this part, the owner or operator is only 
required to consider organic HAP listed on Table 5 of this subpart.
    (4) When Sec. 63.104(c)(3) specifies 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 requirements in Sec. 63.506(a) 
and Sec. 63.506(h) shall apply, for the purposes of this subpart.
    (5) When Sec. 63.104(f)(2) requires information to be reported in 
the Periodic Reports required by Sec. 63.152(c), the owner or operator 
shall instead report the information specified in Sec. 63.104(f)(2) in 
the Periodic Reports required by Sec. 63.506(e)(6), for the purposes of 
this subpart.
    (6) The compliance date for heat exchange systems subject to the 
provisions of this section is specified in Sec. 63.481(d)(6).

    25. Section 63.503 is amended by:
    a. Revising paragraph (e)(3)(ii);
    b. Revising paragraph (g)(2)(iii)(B)(2);
    c. Revising paragraph (h)(1) introductory text;
    d. Revising paragraph (h)(7)(ii) introductory text;
    e. Revising paragraph (i)(1) introductory text; and
    f. Revising paragraph (m)(3)(iii).
    The revisions read as follows:


Sec. 63.503  Emissions averaging provisions.

* * * * *
    (e) * * *
    (3) * * *
    (ii) The initial demonstration in the Emissions Averaging Plan or 
operating permit application that credit-generating emission points 
will be capable of generating sufficient credits to offset the debits 
from the debit-generating emission points shall be made under 
representative operating conditions. After the compliance date, actual 
operating data shall be used for all debit and credit calculations.
* * * * *
    (g) * * *
    (2) * * *
    (iii) * * *
    (B) * * *
    (2) For determining debits from Group 1 continuous front-end 
process vents, product recovery devices shall not be considered control 
devices and shall not be assigned a percent reduction in calculating 
ECFEPViACTUAL. The sampling site for measurement of 
uncontrolled emissions shall be after the final uncontrolled recovery 
device. However, as provided in Sec. 63.113(a)(3), a Group 1 continuous 
front-end process vent may add sufficient product recovery to raise the 
TRE index value above 1.0, thereby becoming a Group 2 continuous front-
end process vent. Such a continuous front-end process vent is not a 
Group 1 continuous front-end

[[Page 38072]]

process vent and should, therefore, not be included in determining 
debits under this paragraph.
* * * * *
    (h) * * *
    (1) Source-wide credits shall be calculated using Equation 41. 
Credits and all terms of the equation are in units of Mg/month, and the 
baseline date is November 15, 1990:
[GRAPHIC] [TIFF OMITTED] TR19JN00.022

Where:

D = Discount factor = 0.9 for all credit generating emission points, 
except those controlled by a pollution prevention measure; discount 
factor = 1.0 for each credit generating emission point controlled by a 
pollution prevention measure (i.e., no discount provided).
ECFEPV1iACTUAL = Emissions for each Group 1 continuous 
front-end process vent i that is controlled to a level more stringent 
than the reference control technology. ECFEPV1iACTUAL is 
calculated according to paragraph (h)(2)(ii) of this section.
(0.02)ECFEPV1iu = Emissions from each Group 1 continuous 
front-end process vent i if the reference control technology had been 
applied to the uncontrolled emissions. ECFEPV1iu is 
calculated according to paragraph (h)(2)(i) of this section.
ECFEPV2iACTUAL = Emissions from each Group 2 continuous 
front-end process vent i that is controlled. ECFEPV2iACTUAL 
is calculated according to paragraph (h)(2)(iii) of this section.
ECFEPV2iBASE = Emissions from each Group 2 continuous front-
end process vent i at the baseline date. ECFEPV2iBASE is 
calculated in paragraph (h)(2)(iv) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
that is controlled to a level more stringent than the reference control 
technology or standard. ES1iACTUAL is calculated according 
to paragraph (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel i 
if the reference control technology had been applied to the 
uncontrolled emissions. ES1iu is calculated according to 
paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
that is controlled. ES2iACTUAL is calculated according to 
paragraph (h)(3) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at 
the baseline date. ES2iBASE is calculated in paragraph 
(h)(3) of this section.
EBEPACTUAL = Actual emissions from back-end process 
operations, Mg/month. EBEPACTUAL is calculated in paragraph 
(h)(4)(i) of this section.
EBEPc = Emissions from back-end process operations if the 
residual organic HAP limits in Sec. 63.494(a) were met, Mg/month. 
EBEPc is calculated in paragraph (h)(4)(ii) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream 
i that is controlled to a level more stringent than the reference 
control technology. EWW1iACTUAL is calculated according to 
paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if 
the reference control technology had been applied to the uncontrolled 
emissions. EWW1ic is calculated according to paragraph 
(h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream 
i that is controlled. EWW2iACTUAL is calculated according to 
paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i 
at the baseline date. EWW2iBASE is calculated according to 
paragraph (h)(5) of this section.
(0.1) EBFEPV1iu = Emissions from each Group 1 batch front-
end process vent i if the applicable standard had been applied to the 
uncontrolled emissions. EBFEPV1iu is calculated according to 
paragraph (h)(6)(i) of this section.
EBFEPV1iACTUAL = Emissions from each Group 1 batch front-end 
process vent i that is controlled to a level more stringent than the 
applicable standard. EBFEPV1iACTUAL is calculated according 
to paragraph (h)(6)(ii) of this section.
(0.1)EABV1iu = Emissions from each Group 1 aggregate batch 
vent stream i if the applicable standard had been applied to the 
uncontrolled emissions. EABV1iu is calculated according to 
paragraph (h)(7)(i) of this section.
EABV1iACTUAL = Emissions from each Group 1 aggregate batch 
vent stream i that is controlled to a level more stringent than the 
applicable standard. EABV1iACTUAL is calculated according to 
paragraph (h)(7)(ii) of this section.
EBFEPV2iBASE = Emissions from each Group 2 batch front-end 
process vent i at the baseline date. EBFEPV2iBASE is 
calculated according to paragraph (h)(6)(iv) of this section.
EBFEPV2iACTUAL = Emissions from each Group 2 batch front-end 
process vent i that is controlled. EBFEPV2iACTUAL is 
calculated according to paragraph (h)(6)(iii) of this section.
EABV2iBASE = Emissions from each Group 2 aggregate batch 
vent stream

[[Page 38073]]

i at the baseline date. EABV2iBASE is calculated according 
to paragraph (h)(7)(iv) of this section.
EABV2iACTUAL = Emissions from each Group 2 aggregate batch 
vent stream i that is controlled. EABV2iACTUAL is calculated 
according to paragraph (h)(7)(iii) of this section.
n = Number of Group 1 emission points included in the emissions 
average. The value of n is not necessarily the same for continuous 
front-end process vents, batch front-end process vents, aggregate batch 
vent streams, storage vessels, wastewater streams, or the collection of 
process sections within the affected source.
m = Number of Group 2 emission points included in the emissions 
average. The value of m is not necessarily the same for continuous 
front-end process vents, batch front-end process vents, aggregate batch 
vent streams, storage vessels, wastewater streams, or the collection of 
process sections within the affected source.
* * * * *
    (7) * * *
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled to a level more stringent than the standard 
(EABV1iACTUAL) shall be calculated using Equation 49.
[GRAPHIC] [TIFF OMITTED] TR19JN00.023

* * * * *
    (i) * * *
    (1) In those cases where the owner or operator is seeking 
permission to take credit for use of a control technology that is 
different in use or design from the reference control technology, and 
the different control technology will be used in more than three 
applications at a single plant-site, the owner or operator shall submit 
the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of 
this section, as specified in Sec. 63.506(e)(7)(ii), to the Director of 
the EPA Office of Air Quality Planning and Standards, in writing.
* * * * *
    (m) * * *
    (3) * * *
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan according to the 
procedures specified in Sec. 63.120(d) and Sec. 63.122(b), and as 
required by Sec. 63.484.
* * * * *

    26. Section 63.504 is revised (including the section title) to read 
as follows:


Sec. 63.504  Additional requirements for performance testing.

    (a) Performance testing shall be conducted in accordance with 
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h), 
with the exceptions specified in paragraphs (a)(1) through (a)(5) of 
this section and the additions specified in paragraph (b) of this 
section. Sections 63.484 through 63.501 also contain specific testing 
requirements.
    (1) Performance tests shall be conducted according to the 
provisions of Sec. 63.7(e)(1) and (e)(2), except that performance tests 
shall be conducted at maximum representative operating conditions 
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) of this section to occur.
    (i) The 6-month period that ends 2 months before the Notification 
of Compliance Status is due, according to Sec. 63.506(e)(5); or the 6-
month period that begins 3 months before the performance test and ends 
3 months after the performance test.
    (ii) Causing damage to equipment; necessitating that the owner or 
operator make product that does not meet an existing specification for 
sale to a customer; or necessitating that the owner or operator make 
product in excess of demand.
    (2) References in Sec. 63.7(g) to the Notification of Compliance 
Status requirements in Sec. 63.9(h) shall refer to the requirements in 
Sec. 63.506(e)(5).
    (3) Because the site-specific test plans in Sec. 63.7(c)(3) are not 
required, Sec. 63.7(h)(4)(ii) is not applicable.
    (4) The owner or operator shall notify the Administrator of the 
intent to conduct a performance test at least 30 days before the 
performance test is scheduled, to allow the Administrator the 
opportunity to have an observer present during the test. If after 30 
days notice for an initially scheduled performance test, there is a 
delay (due to operational problems, etc.) in conducting the scheduled 
performance test, the owner or operator of an affected facility shall 
notify the Administrator as soon as possible of any delay in the 
original test date, either by providing at least 7 days prior notice of 
the rescheduled date of the performance test, or by arranging a 
rescheduled date with the Administrator by mutual agreement.
    (5) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec. 63.7(a)(2).
    (b) Data shall be reduced in accordance with the EPA approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301, 40 CFR part 63, appendix A.
    (c) Notwithstanding any other provision of this subpart, if an 
owner or operator of an affected source uses a flare to comply with any 
of the requirements of this subpart, the owner or operator shall comply 
with paragraphs (c)(1) through (c)(3) of this section. The owner or 
operator is not required to conduct a performance test to determine 
percent emission reduction or outlet organic HAP or TOC concentration. 
If a compliance demonstration has been conducted previously for a 
flare, using the techniques specified in paragraphs (c)(1) through 
(c)(3) of this section, that compliance demonstration may be used to 
satisfy the requirements of this paragraph if either no deliberate 
process changes have been made since the compliance demonstration, or 
the results of the compliance demonstration reliably demonstrate 
compliance despite process changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.

    27. Section 63.505 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (b)(2);
    d. Revising paragraph (b)(3) introductory text;

[[Page 38074]]

    e. Revising paragraphs (b)(3)(i)(A) through (b)(3)(i)(D);
    f. Revising paragraph (b)(3)(ii);
    g. Revising paragraph (c);
    h. Revising paragraph (d);
    i. Revising paragraph (e) introductory text;
    j. Revising paragraph (e)(3);
    k. Revising paragraph (g)(1) introductory text;
    l. Revising paragraphs (g)(1)(ii) and (g)(1)(iii);
    m. Revising paragraph (g)(2) introductory text;
    n. Revising paragraph (g)(2)(ii);
    o. Revising paragraph (h)(1) introductory text;
    p. Revising paragraph (h)(2) introductory text;
    q. Removing and reserving paragraph (b)(1);
    r. Removing and reserving paragraph (f);
    s. Removing paragraph (b)(3)(i)(E);
    t. Adding paragraph (g)(1)(v); and
    u. Adding paragraph (g)(3).
    The revisions and additions read as follows:


Sec. 63.505  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a control or recovery device that has one or more parameter 
monitoring level requirements specified under this subpart shall 
establish a maximum or minimum level for each measured parameter. If a 
performance test is required by this subpart for a control device, the 
owner or operator shall use the procedures in either paragraph (b) or 
(c) of this section to establish the parameter monitoring level(s). If 
a performance test is not required by this subpart for a control 
device, the owner or operator may use the procedures in paragraph (b), 
(c), or (d) of this section to establish the parameter monitoring 
levels. When using the procedures specified in paragraph (c) or (d) of 
this section, the owner or operator shall submit the information 
specified in Sec. 63.506(e)(3)(vii) for review and approval, as part of 
the Precompliance Report.
    (1) The owner or operator shall operate control and recovery 
devices such that the daily average of monitored parameters remains 
above the minimum established level or below the maximum established 
level, except as otherwise stated in this subpart.
    (2) As specified in Sec. 63.506(e)(5), all established levels, 
along with their supporting documentation and the definition of an 
operating day, shall be submitted as part of the Notification of 
Compliance Status.
    (3) Nothing in this section shall be construed to allow a 
monitoring parameter excursion caused by an activity that violates 
other applicable provisions of subpart A, F, G, or H of this part.
    (b) Establishment of parameter monitoring levels based exclusively 
on performance tests. In cases where a performance test is required by 
this subpart, or the owner or operator of the affected source elects to 
do a performance test in accordance with the provisions of this 
subpart, and an owner or operator elects to establish a parameter 
monitoring level for a control, recovery, or recapture device based 
exclusively on parameter values measured during the performance test, 
the owner or operator of the affected source shall comply with the 
procedures in paragraphs (b)(1) through (b)(4) of this section, as 
applicable.
    (1) [Reserved]
    (2) Back-end process operations using a control or recovery device 
to comply with Secs. 63.493 through 63.500 and continuous front-end 
process vents. During initial compliance testing, the appropriate 
parameter shall be continuously monitored during the required 1-hour 
runs. The monitoring level(s) shall then be established as the average 
of the maximum (or minimum) point values from the three test runs. The 
average of the maximum values shall be used when establishing a maximum 
level, and the average of the minimum values shall be used when 
establishing a minimum level.
    (3) Batch front-end process vents. The monitoring level(s) shall be 
established using the procedures specified in either paragraph 
(b)(3)(i) or (b)(3)(ii) of this section. The procedures specified in 
this paragraph (b)(3) may only be used if the batch emission episodes, 
or portions thereof, selected to be controlled were tested, and 
monitoring data were collected, during the entire period in which 
emissions were vented to the control device, as specified in 
Sec. 63.490(c)(1)(i). If the owner or operator chose to test only a 
portion of the batch emission episode, or portion thereof, selected to 
be controlled, the procedures in paragraph (c) of this section shall be 
used.
    (i) * * *
    (A) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (B) If the level to be established is a maximum operating 
parameter, the level shall be defined as the minimum of the average 
parameter values of the batch emission episodes, or portions thereof, 
in the batch cycle selected to be controlled (i.e., identify the 
emission episode, or portion thereof, which requires the lowest 
parameter value in order to assure compliance. The average parameter 
value that is necessary to assure compliance for that emission episode, 
or portion thereof, shall be the level for all emission episodes, or 
portions thereof, in the batch cycle, that are selected to be 
controlled).
    (C) If the level to be established is a minimum operating 
parameter, the level shall be defined as the maximum of the average 
parameter values of the batch emission episodes, or portions thereof, 
in the batch cycle selected to be controlled (i.e., identify the 
emission episode, or portion thereof, which requires the highest 
parameter value in order to assure compliance. The average parameter 
value that is necessary to assure compliance for that emission episode, 
or portion thereof, shall be the level for all emission episodes, or 
portions thereof, in the batch cycle, that are selected to be 
controlled).
    (D) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values measured 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (b)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraph (b)(3)(i)(A) of this section.
* * * * *
    (c) Establishment of parameter monitoring levels based on 
performance tests, supplemented by engineering assessments and/or 
manufacturer's recommendations. In cases where a performance test is 
required by this subpart, or the owner or operator elects to do a 
performance test in accordance with the provisions of this subpart, and 
the owner or operator elects to establish a parameter monitoring level 
for a control, recovery, or recapture device under this paragraph (c), 
the owner or operator shall supplement the parameter values measured 
during the performance test with engineering assessments and/or 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of expected parameter values.
    (d) Establishment of parameter monitoring based on engineering

[[Page 38075]]

assessments and/or manufacturer's recommendations. In cases where a 
performance test is not required by this subpart and an owner or 
operator elects to establish a parameter monitoring level for a 
control, recovery, or recapture device under this paragraph (d), the 
determination of the parameter monitoring level shall be based 
exclusively on engineering assessments and/or manufacturer's 
recommendations.
    (e) Demonstration of compliance with back-end process provisions 
using stripper parameter monitoring. If the owner or operator is 
demonstrating compliance with Sec. 63.495 using stripper parameter 
monitoring, stripper parameter levels shall be established for each 
grade in accordance with paragraphs (e)(1) and (e)(2) of this section. 
A single set of stripper parameter levels may be representative of 
multiple grades.
* * * * *
    (3) After the initial determinations, an owner or operator may add 
a grade, with corresponding stripper parameter levels, using the 
procedures in paragraphs (e)(1) and (e)(2) of this section. The results 
of this determination shall be submitted in the next periodic report.
* * * * *
    (f) [Reserved]
    (g) * * *
    (1) With respect to storage vessels (where the applicable 
monitoring plan specifies continuous monitoring), continuous front-end 
process vents, aggregate batch vent streams, back-end process 
operations complying through the use of control or recovery devices, 
and process wastewater streams, an excursion means any of the three 
cases listed in paragraphs (g)(1)(i) through (g)(1)(iii) of this 
section. For a control or recovery device where multiple parameters are 
monitored, if one or more of the parameters meets the excursion 
criteria in paragraphs (g)(1)(i) through (g)(1)(iii) of this section, 
this is considered a single excursion for the control or recovery 
device. For each excursion, the owner or operator shall be deemed out 
of compliance with the provisions of this subpart, except as provided 
in paragraph (i) of this section.
* * * * *
    (ii) When the period of control or recovery device operation, with 
the exception noted in paragraph (g)(1)(v) of this section, is 4 hours 
or greater in an operating day and monitoring data are insufficient, as 
defined in paragraph (g)(1)(iv) of this section, to constitute a valid 
hour of data for at least 75 percent of the operating hours.
    (iii) When the period of control or recovery device operation, with 
the exception noted in paragraph (g)(1)(v) of this section, is less 
than 4 hours in an operating day and more than two of the hours during 
the period of operation do not constitute a valid hour of data due to 
insufficient monitoring data, as defined in paragraph (g)(1)(iv) of 
this section.
* * * * *
    (v) The periods listed in paragraphs (g)(1)(v)(A) through 
(g)(1)(v)(E) of this section are not considered to be part of the 
period of control or recovery device operation, for the purposes of 
paragraphs (g)(1)(ii) and (g)(1)(iii) of this section.
    (A) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (B) Start-ups;
    (C) Shutdowns;
    (D) Malfunctions; or
    (E) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (2) With respect to batch front-end process vents, an excursion 
means one of the two cases listed in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section. For a control device where multiple 
parameters are monitored, if one or more of the parameters meets the 
excursion criteria in either paragraph (g)(2)(i) or (g)(2)(ii) of this 
section, this is considered a single excursion for the control device. 
For each excursion, the owner or operator shall be deemed out of 
compliance with the provisions of this subpart, except as provided in 
paragraph (i) of this section.
* * * * *
    (ii) When monitoring data are insufficient for an operating day. 
Monitoring data shall be considered insufficient when measured values 
are not available for at least 75 percent of the 15-minute periods when 
batch emission episodes selected to be controlled are being vented to 
the control device during the operating day, using the procedures 
specified in paragraphs (g)(2)(ii)(A) through (g)(2)(ii)(D) of this 
section.
    (A) Determine the total amount of time during the operating day 
when batch emission episodes selected to be controlled are being vented 
to the control device.
    (B) Subtract the time during the periods listed in paragraphs 
(g)(2)(ii)(B)(1) through (g)(2)(ii)(B)(4) of this section from the 
total amount of time determined in paragraph (g)(2)(ii)(A) of this 
section, to obtain the operating time used to determine if monitoring 
data are insufficient.
    (1) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (2) Start-ups;
    (3) Shutdowns; or
    (4) Malfunctions.
    (C) Determine the total number of 15-minute periods in the 
operating time used to determine if monitoring data are insufficient, 
as was determined in accordance with paragraph (g)(2)(ii)(B) of this 
section.
    (D) If measured values are not available for at least 75 percent of 
the total number of 15-minute periods determined in paragraph 
(g)(2)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (3) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(g)(3)(i) or (ii) of this section, as applicable. For a control or 
recovery device where multiple parameters are monitored, if one or more 
of the parameters meets the excursion criteria, this is considered a 
single excursion for the control or recovery device. For each 
excursion, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart, except as provided in paragraph (i) of 
this section.
    (i) If the monitoring plan specifies monitoring a parameter and 
recording its value at specific intervals (such as every 15 minutes or 
every hour), either of the cases listed in paragraph (g)(3)(i)(A) or 
(g)(3)(i)(B) of this section is considered a single excursion for the 
control device.
    (A) When the average value of one or more parameters, averaged over 
the duration of the filling period for the storage vessel, is above the 
maximum level or below the minimum level established for the given 
parameters.
    (B) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the specific intervals at which parameters are to 
be monitored and recorded, according to the storage vessel's monitoring 
plan, during the filling period for the storage vessel.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and recording its value at specific intervals (for example, if the 
relevant operating requirement is to exchange a disposable carbon 
canister before expiration of its rated service life), the monitoring 
plan shall define an excursion in terms of the relevant operating 
requirement.
    (h) * * *
    (1) With respect to back-end process operations complying through 
the use of stripping technology, and demonstrating

[[Page 38076]]

compliance by sampling, an excursion means one of the two cases listed 
in paragraphs (h)(1)(i) and (h)(1)(ii) of this section. For each 
excursion, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart, except as provided in paragraph (i) of 
this section.
* * * * *
    (2) With respect to back-end process operations complying through 
the use of stripping technology, and demonstrating compliance by 
stripper parameter monitoring, an excursion means one of the three 
cases listed in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of 
this section. For each excursion, the owner or operator shall be deemed 
out of compliance with the provisions of this subpart, except as 
provided in paragraph (i) of this section.
* * * * *


    28. Section 63.506 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraphs (b)(1) and (b)(2);
    c. Revising paragraph (d) introductory text;
    d. Revising paragraphs (d)(2) and (d)(3);
    e. Revising paragraphs (d)(6) through (d)(9);
    f. Revising paragraph (e) introductory text;
    g. Revising paragraphs (e)(1) through (e)(3);
    h. Revising paragraph (e)(4) introductory text;
    i. Revising paragraph (e)(4)(i);
    j. Revising paragraph (e)(4)(ii) introductory text;
    k. Revising paragraph (e)(4)(ii)(B);
    l. Revising paragraph (e)(4)(ii)(D);
    m. Revising paragraphs (e)(4)(ii)(F)(1) and (e)(4)(ii)(F)(2);
    n. Revising paragraphs (e)(4)(ii)(F)(4) and (e)(4)(ii)(F)(5);
    o. Revising paragraph (e)(4)(ii)(G)(1);
    p. Revising paragraph (e)(4)(ii)(H)(2);
    q. Revising paragraph (e)(4)(ii)(H)(3)(i);
    r. Revising paragraph (e)(4)(ii)(H)(4)(i);
    s. Revising paragraphs (e)(4)(ii)(I) through (e)(4)(ii)(K);
    t. Revising paragraph (e)(4)(ii)(L)(2);
    u. Revising paragraph (e)(4)(iii);
    v. Revising paragraph (e)(4)(iv) introductory text;
    w. Revising paragraph (e)(4)(iv)(A) introductory text;
    x. Revising paragraph (e)(4)(iv)(B) introductory text;
    y. Revising paragraph (e)(4)(iv)(C);
    z. Revising paragraph (e)(5) introductory text;
    aa. Revising paragraph (e)(5)(i) introductory text;
    bb. Revising paragraph (e)(5)(i)(A);
    cc. Revising paragraph (e)(5)(ii) introductory text;
    dd. Revising paragraph (e)(5)(iii);
    ee. Revising paragraph (e)(5)(v);
    ff. Revising paragraphs (e)(5)(vii) through (e)(5)(ix);
    gg. Revising paragraph (e)(6) introductory text;
    hh. Revising paragraphs (e)(6)(i) and (e)(6)(ii);
    ii. Revising paragraph (e)(6)(iii)(A);
    jj. Revising paragraph (e)(6)(iii)(B);
    kk. Revising paragraph (e)(6)(iii)(D) introductory text;
    ll. Revising paragraphs (e)(6)(iii)(D)(2) through 
(e)(6)(iii)(D)(4);
    mm. Revising paragraph (e)(6)(iv);
    nn. Revising paragraph (e)(6)(v)(B);
    oo. Revising paragraph (e)(6)(vi) through (e)(6)(xi);
    pp. Revising paragraph (e)(7) introductory text;
    qq. Revising paragraphs (e)(7)(i) through (e)(7)(iii);
    rr. Revising paragraph (e)(8);
    ss. Revising paragraph (f) introductory text;
    tt. Revising paragraph (f)(3) introductory text;
    uu. Revising paragraph (g) introductory text;
    vv. Revising paragraph (g)(1);
    ww. Revising paragraph (g)(2)(ii)(D);
    xx. Revising paragraph (g)(3) introductory text;
    yy. Revising paragraph (g)(3)(i)(A);
    zz. Revising paragraph (g)(4);
    aaa. Revising paragraph (h) introductory text;
    bbb. Revising paragraph (h)(1) introductory text;
    ccc. Revising paragraph (h)(1)(ii)(B);
    ddd. Revising paragraph (h)(1)(iv);
    eee. Revising paragraph (h)(1)(vi) introductory text;
    fff. Revising paragraphs (h)(1)(vi)(B) and (h)(1)(vi)(C);
    ggg. Revising paragraph (h)(2)(i);
    hhh. Revising paragraph (h)(2)(iii);
    iii. Revising paragraph (h)(2)(iv)(A);
    jjj. Removing paragraph (b)(1)(i)(D);
    kkk. Removing paragraph (d)(10);
    lll. Removing and reserving paragraph (c);
    mmm. Removing and reserving paragraphs (d)(4) and (d)(5);
    nnn. Removing and reserving paragraph (e)(5)(iv);
    ooo. Removing and reserving paragraph (e)(6)(iii) (C);
    ppp. Adding paragraph (e)(4)(ii)(N);
    qqq. Adding paragraphs (e)(5)(x) through (e)(5)(xii);
    rrr. Adding paragraph (e)(6)(iii)(D)(5);
    sss. Adding paragraph (e)(6)(xii);
    ttt. Adding paragraph (e)(7)(iv);
    uuu. Adding paragraph (e)(7)(v); and
    vvv. Adding paragraph (h)(1)(vi)(D).
    The revisions and additions read as follows:


Sec. 63.506  General recordkeeping and reporting provisions.

    (a) Data retention. Unless otherwise specified in this subpart, the 
owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner 
that they can be readily accessed. The most recent 6 months of records 
shall be retained on site or shall be accessible from a central 
location by computer or other means that provide access within 2 hours 
after a request. The remaining 4 and one-half years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on microfilm, computer, 
floppy disk, magnetic tape, or microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived 
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of 
reports, the owner or operator is not required to maintain copies of 
those reports.
    (b) * * *
    (1) Start-up, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop and implement a written start-up, 
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This 
plan shall describe, in detail, procedures for operating and 
maintaining the affected source during periods of start-up, shutdown, 
and malfunction and a program for corrective action for malfunctioning 
process and air pollution control equipment used to comply with this 
subpart. Inclusion of Group 2 emission points is not required, unless 
these points are included in an emissions average. For equipment leaks 
(subject to Sec. 63.502), the start-up, shutdown, and malfunction plan 
requirement is limited to control devices and is optional for other 
equipment. For equipment leaks, the start-up, shutdown, and malfunction 
plan may include written procedures that identify conditions that 
justify a delay of repair. A provision for ceasing to collect, during a 
start-up, shutdown, or malfunction, monitoring data that would 
otherwise be required by the provisions of this subpart may be included 
in the start-up, shutdown, and

[[Page 38077]]

malfunction plan only if the owner or operator has demonstrated to the 
Administrator, through the Precompliance Report or a supplement to the 
Precompliance Report, that the monitoring system would be damaged or 
destroyed if it were not shut down during the start-up, shutdown, or 
malfunction. The affected source shall keep the start-up, shutdown, and 
malfunction plan on-site. Records associated with the plan shall be 
kept as specified in paragraphs (b)(1)(i)(A) through (b)(1)(i)(C) of 
this section. Reports related to the plan shall be submitted as 
specified in paragraph (b)(1)(ii) of this section.
    (i) Records of start-up, shutdown, and malfunction. The owner or 
operator shall keep the records specified in paragraphs (b)(1)(i)(A) 
through (b)(1)(i)(C) of this section.
    (A) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or control 
devices or recovery devices or continuous monitoring systems used to 
comply with this subpart during which excess emissions (as defined in 
Sec. 63.480(j)(4)) occur.
    (B) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.480(j)(4)) occur, records reflecting 
whether the procedures specified in the affected source's start-up, 
shutdown, and malfunction plan were followed, and documentation of 
actions taken that are not consistent with the plan. For example, if a 
start-up, shutdown, and malfunction plan includes procedures for 
routing a control device to a backup control device, records shall be 
kept of whether the plan was followed. These records may take the form 
of a ``checklist,'' or other form of recordkeeping that confirms 
conformance with the start-up, shutdown, and malfunction plan for the 
event.
    (C) Records specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(B) of this section are not required if they pertain solely to 
Group 2 emission points that are not included in an emissions average.
    (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 the schedule specified in Sec. 63.10(d)(5)(i). The reports 
shall include the information specified in Sec. 63.10(d)(5)(i).
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), 
(d)(1)(iii), (d)(2), and (d)(3)(ii).
    (c) [Reserved]
    (d) Recordkeeping and documentation. Owners or operators required 
to keep continuous records shall keep records as specified in 
paragraphs (d)(1) through (d)(7) of this section, unless an alternative 
recordkeeping system has been requested and approved as specified in 
paragraph (g) of this section, and except as provided in paragraph (h) 
of this section. If a monitoring plan for storage vessels pursuant to 
Sec. 63.484(k) requires continuous records, the monitoring plan shall 
specify which provisions, if any, of paragraphs (d)(1) through (d)(7) 
of this section apply. As described in Sec. 63.484(k), certain storage 
vessels are not required to keep continuous records as specified in 
this paragraph. Owners and operators of such storage vessels shall keep 
records as specified in the monitoring plan required by Sec. 63.484(k). 
Paragraphs (d)(8) and (d)(9) of this section specify documentation 
requirements.
* * * * *
    (2) The owner or operator shall record either each measured data 
value or block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are 
measured more frequently than once per minute, a single value for each 
minute may be used to calculate the hourly (or shorter period) block 
average instead of all measured values. Owners or operators of batch 
front-end process vents shall record each measured data value.
    (3) Daily average (or batch cycle daily average) values of each 
continuously monitored parameter shall be calculated for each operating 
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this 
section, except as specified in paragraphs (d)(6) and (d)(7) of this 
section.
    (i) The daily average value or batch cycle daily average shall be 
calculated as the average of all parameter values recorded during the 
operating day, except as specified in paragraph (d)(7) of this section. 
For batch front-end process vents, as specified in 
Sec. 63.491(e)(2)(i), only parameter values measured during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has chosen to control shall be used to calculate the 
average. The calculated average shall cover a 24-hour period if 
operation is continuous, or the number of hours of operation per 
operating day if operation is not continuous.
    (ii) The operating day shall be the period that the owner or 
operator specifies in the operating permit or the Notification of 
Compliance Status for purposes of determining daily average values or 
batch cycle daily average values of monitored parameters.
    (4) [Reserved]
    (5) [Reserved]
    (6) Records required when all recorded values are within the 
established limits. If all recorded values for a monitored parameter 
during an operating day are above the minimum level or below the 
maximum level established in the Notification of Compliance Status or 
operating permit, the owner or operator may record that all values were 
above the minimum level or below the maximum level rather than 
calculating and recording a daily average (or batch cycle daily 
average) for that operating day.
    (7) Monitoring data recorded during periods identified in 
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not be 
included in any average computed under this subpart. Records shall be 
kept of the times and durations of all such periods and any other 
periods during process or control device or recovery device operation 
when monitors are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions; or
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks, and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver 
under Sec. 63.10(f) shall maintain the information, if any, specified 
by the Administrator as a condition of the waiver of recordkeeping or 
reporting requirements.
    (e) Reporting and notification. In addition to the reports and 
notifications

[[Page 38078]]

required by subpart A, as specified in Table 1 of this subpart, the 
owner or operator of an affected source shall prepare and submit the 
reports listed in paragraphs (e)(3) through (e)(8) of this section, as 
applicable. All reports required by this subpart, and the schedule for 
their submittal, are listed in Table 9 of this subpart.
    (1) Owners and operators shall not be in violation of the reporting 
requirements of this subpart for failing to submit information required 
to be included in a specified report if the owner or operator meets the 
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this 
section. Examples of circumstances where this paragraph may apply 
include information related to newly-added equipment or emission 
points, changes in the process, changes in equipment required or 
utilized for compliance with the requirements of this subpart, or 
changes in methods or equipment for monitoring, recordkeeping, or 
reporting.
    (i) The information was not known in time for inclusion in the 
report specified by this subpart;
    (ii) The owner or operator has been diligent in obtaining the 
information; and
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this 
section.
    (A) If this subpart expressly provides for supplements to the 
report in which the information is required, the owner or operator 
shall submit the information as a supplement to that report. The 
information shall be submitted no later than 60 days after it is 
obtained, unless otherwise specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an 
operating permit pursuant to part 70 or part 71, due to circumstances 
to which the information pertains, the owner or operator shall submit 
the information with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or 
(e)(1)(iii)(B) of this section, the owner or operator shall submit the 
information with the first Periodic Report, as required by this 
subpart, which has a submission deadline at least 60 days after the 
information is obtained.
    (2) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, reports may be submitted on electronic media.
    (3) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring 
and recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate emissions from a batch emissions 
episode, as described in Sec. 63.488(b)(6)(i); wishing to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.505(c) or (d); or requesting approval to incorporate a 
provision for ceasing to collect monitoring data, during a start-up, 
shutdown, or malfunction, into the start-up, shutdown, and malfunction 
plan, when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, as permitted under Sec. 63.480(j)(3), 
shall submit a Precompliance Report according to the schedule described 
in paragraph (e)(3)(i) of this section. The Precompliance Report shall 
contain the information specified in paragraphs (e)(3)(ii) through 
(e)(3)(viii) of this section, as appropriate.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than December 19, 2000. If a Precompliance 
Report was submitted prior to June 19, 2000 and no changes need to be 
made to that Precompliance Report, the owner or operator shall re-
submit the earlier report or submit notification that the previously 
submitted report is still valid. Unless the Administrator objects to a 
request submitted in the Precompliance Report within 45 days after its 
receipt, the request shall be deemed approved. For new affected 
sources, the Precompliance Report shall be submitted to the 
Administrator with the application for approval of construction or 
reconstruction required in paragraph (b)(2) of this section. 
Supplements to the Precompliance Report may be submitted as specified 
in paragraph (e)(3)(ix) of this section.
    (ii) A request for an extension for compliance, as specified in 
Sec. 63.481(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.481(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other 
than those for which monitoring parameters are specified in this 
subpart or in subpart G of this part, or seeks to comply by monitoring 
a different parameter than those specified in this subpart or in 
subpart G of this part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) 
of this section, the owner or operator shall submit a request for 
approval in the Precompliance Report.
    (v) The owner or operator shall report the intent to use 
alternative controls to comply with the provisions of this subpart in 
the Precompliance Report. The Administrator may deem alternative 
controls to be equivalent to the controls required by the standard, 
under the procedures outlined in Sec. 63.6(g).
    (vi) If a request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode, as described in 
Sec. 63.488(b)(6)(i)(C) is being made, the information required by 
Sec. 63.488(b)(6)(iii)(B) shall be submitted in the Precompliance 
Report.
    (vii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in Sec. 63.505(c) or (d), 
the following information shall be submitted in the Precompliance 
Report:
    (A) Identification of which procedures (i.e., Sec. 63.505(c) or 
(d)) are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec. 63.505(c) are to be used, a 
description of how performance test data will be used shall be 
included.
    (viii) If the owner or operator is requesting approval to 
incorporate a provision for ceasing to collect monitoring data, during 
a start-up, shutdown, or malfunction, into the start-up, shutdown, and 
malfunction plan, when that monitoring equipment would be damaged if it 
did not cease to collect monitoring data, the information specified in 
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the 
Precompliance Report or in a supplement to the Precompliance Report. 
The Administrator shall evaluate the supporting documentation and shall 
approve the request only if, in the Administrator's judgment, the 
specific monitoring equipment would be damaged by the contemporaneous 
start-up, shutdown, or malfunction.
    (A) Documentation supporting a claim that the monitoring equipment 
would be damaged by the contemporaneous start-up, shutdown, or 
malfunction; and

[[Page 38079]]

    (B) A request to incorporate such a provision for ceasing to 
collect monitoring data during a start-up, shutdown, or malfunction, 
into the start-up, shutdown, and malfunction plan.
    (ix) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (e)(3)(ix)(A), or (e)(3)(ix)(B) of this section. 
Unless the Administrator objects to a request submitted in a supplement 
to the Precompliance Report within 45 days after its receipt, the 
request shall be deemed approved.
    (A) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(3)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of 
this section; to use alternative controls, as specified in paragraph 
(e)(3)(v) of this section; to use engineering assessment to estimate 
emissions from a batch emissions episode, as specified in paragraph 
(e)(3)(vi) of this section; to establish parameter monitoring levels 
according to the procedures contained in Sec. 63.505(c) or (d), as 
specified in paragraph (e)(3)(vii) of this section; or to include a 
provision for ceasing to collect monitoring data during a start-up, 
shutdown, or malfunction, in the start-up, shutdown, and malfunction 
plan, when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, as specified in paragraph 
(e)(3)(viii) of this section.
    (4) Emissions Averaging Plan. For all existing affected sources 
using emissions averaging, an Emissions Averaging Plan shall be 
submitted for approval according to the schedule and procedures 
described in paragraph (e)(4)(i) of this section. The Emissions 
Averaging Plan shall contain the information specified in paragraph 
(e)(4)(ii) of this section, unless the information required in 
paragraph (e)(4)(ii) of this section is submitted with an operating 
permit application. An owner or operator of an affected source who 
submits an operating permit application instead of an Emissions 
Averaging Plan shall submit the information specified in paragraph 
(e)(8) of this section. In addition, a supplement to the Emissions 
Averaging Plan, as required under paragraph (e)(4)(iii) of this 
section, is to be submitted whenever additional alternative controls or 
operating scenarios may be used to comply with this subpart. Updates to 
the Emissions Averaging Plan shall be submitted in accordance with 
paragraph (e)(4)(iv) of this section.
    (i) Submittal and approval. The Emissions Averaging Plan shall be 
submitted no later than September 19, 2000, and is subject to 
Administrator approval. If an Emissions Averaging Plan was submitted 
prior to June 19, 2000 and no changes need to be made to that Emissions 
Averaging Plan, the owner or operator shall re-submit the earlier plan 
or submit notification that the previously submitted plan is still 
valid. The Administrator shall determine within 120 days whether the 
Emissions Averaging Plan submitted presents sufficient information. The 
Administrator shall either approve the Emissions Averaging Plan, 
request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall approve, disapprove, or request 
changes to the plan within 120 days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the information listed in paragraphs (e)(4)(ii)(A) through 
(e)(4)(ii)(N) of this section for all emission points included in an 
emissions average.
* * * * *
    (B) The required information shall include the projected emission 
debits and credits for each emission point and the sum for the emission 
points involved in the average calculated according to Sec. 63.503. The 
projected credits shall be greater than or equal to the projected 
debits, as required under Sec. 63.503(e)(3).
* * * * *
    (D) The required information shall include the specific 
identification of each emission point affected by a pollution 
prevention measure. To be considered a pollution prevention measure, 
the criteria in Sec. 63.503(j)(1) shall be met. If the same pollution 
prevention measure reduces or eliminates emissions from multiple 
emission points in the average, the owner or operator shall identify 
each of these emission points.
* * * * *
    (F) * * *
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2. Where a TRE index value is used for continuous front-end 
process vent group determination, the estimated or measured values of 
the parameters used in the TRE equation in Sec. 63.115(d) and the 
resulting TRE index value shall be submitted.
    (2) The required documentation shall include the estimated values 
of all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.503(g) and (h). These parameter values shall be 
specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported in an update to the Emissions Averaging 
Plan, as required by paragraph (e)(4)(iv)(B)(2) of this section.
* * * * *
    (4) The required documentation shall include the anticipated 
nominal efficiency if a control technology achieving a greater percent 
emission reduction than the efficiency of the reference control 
technology is or will be applied to the emission point. The procedures 
in Sec. 63.503(i) shall be followed to apply for a nominal efficiency, 
and the report specified in paragraph (e)(7)(ii) of this section shall 
be submitted with the Emissions Averaging Plan as specified in 
paragraph (e)(7)(ii)(A) of this section.
    (5) The required documentation shall include the monitoring plan 
specified in Sec. 63.122(b), to include the information specified in 
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii) 
for each storage vessel controlled with a closed-vent system using a 
control device other than a flare.
    (G) * * *
    (1) Each continuous front-end process vent subject to Sec. 63.485 
controlled by a pollution prevention measure or control technique for 
which monitoring parameters or inspection procedures are not specified 
in Sec. 63.114; and
* * * * *
    (H) * * *
    (2) The required documentation shall include the estimated values 
of all parameters needed for input to the wastewater emission credit 
and debit calculations in Sec. 63.503(g)(5) and (h)(5). These parameter 
values shall be specified in the affected source's Emissions Averaging 
Plan (or operating permit) as enforceable operating conditions. Changes 
to these parameters shall be reported as required by paragraph 
(e)(4)(iv)(B)(2) of this section.
    (3) * * *
    (i) A control technology that achieves an emission reduction less 
than or equal to the emission reduction that would otherwise have been 
achieved by a steam stripper designed to the specifications found in 
Sec. 63.138(g) is or

[[Page 38080]]

will be applied to the wastewater stream, or
* * * * *
    (4) * * *
    (i) A control technology that achieves an emission reduction 
greater than the emission reduction that would have been achieved by a 
steam stripper designed to the specifications found in Sec. 63.138(g), 
is or will be applied to the wastewater stream; or
* * * * *
    (I) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143, the information specified in 
paragraph (f) of this section (Alternative Monitoring Parameters) shall 
be included in the Emissions Averaging Plan.
    (J) The required information shall include documentation of the 
data required by estimated values of all parameters needed for input to 
the emission debit and credit calculations in Sec. 63.503(g) and (h) 
for each process back-end operation included in an emissions average. 
These values shall be specified in the affected source's Emissions 
Averaging Plan (or operating permit) as enforceable operating 
conditions. Changes to these parameters shall be reported as required 
by paragraph (e)(4)(iv)(B)(2) of this section.
    (K) The required information shall include documentation of the 
information required by Sec. 63.503(k). The documentation shall 
demonstrate that the emissions from the emission points proposed to be 
included in the average will not result in greater hazard or, at the 
option of the Administrator, greater risk to human health or the 
environment than if the emission points were not included in an 
emissions average.
    (L) * * *
    (2) The required information shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.503(g) and (h). These parameter values shall be 
specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of 
this section.
* * * * *
    (N) The required information shall include documentation of the 
data required by Sec. 63.503(k). The documentation shall demonstrate 
that the emissions from the emission points proposed to be included in 
the emissions average will not result in greater hazard or, at the 
option of the Administrator, greater risk to human health or the 
environment than if the emission points were not included in an 
emissions average.
    (iii) Supplement to Emissions Averaging Plan. The owner or operator 
required to prepare an Emissions Averaging Plan under paragraph (e)(4) 
of this section shall also prepare a supplement to the Emissions 
Averaging Plan for any additional alternative controls or operating 
scenarios that may be used to achieve compliance.
    (iv) Updates to Emissions Averaging Plan. The owner or operator of 
an affected source required to submit an Emissions Averaging Plan under 
paragraph (e)(4) of this section shall also submit written updates of 
the Emissions Averaging Plan to the Administrator for approval under 
the circumstances described in paragraphs (e)(4)(iv)(A) through 
(e)(4)(iv)(C) of this section unless the relevant information has been 
included and submitted in an operating permit application or amendment.
    (A) The owner or operator who plans to make a change listed in 
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section 
shall submit an Emissions Averaging Plan update at least 120 days prior 
to making the change.
* * * * *
    (B) The owner or operator who has made a change as defined in 
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall 
submit an Emissions Averaging Plan update within 90 days after the 
information regarding the change is known to the affected source. The 
update may be submitted in the next quarterly periodic report if the 
change is made after the date the Notification of Compliance Status is 
due.
* * * * *
    (C) The Administrator shall approve or request changes to the 
Emissions Averaging Plan update within 120 days of receipt of 
sufficient information regarding the change for emission points 
included in emissions averages.
    (5) Notification of Compliance Status. For existing and new 
affected sources, a Notification of Compliance Status shall be 
submitted. For equipment leaks subject to Sec. 63.502, the owner or 
operator shall submit the information required in Sec. 63.182(c) in the 
Notification of Compliance Status within 150 days after the first 
applicable compliance date for equipment leaks in the affected source, 
and an update shall be provided in the first Periodic Report that is 
due at least 150 days after each subsequent applicable compliance date 
for equipment leaks in the affected source. For all other emission 
points, including heat exchange systems, the Notification of Compliance 
Status shall contain the information listed in paragraphs (e)(5)(i) 
through (e)(5)(xii) of this section, as applicable, and shall be 
submitted no later than 150 days after the compliance dates specified 
in this subpart.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
continuous monitoring system performance evaluations, any other 
information used to demonstrate compliance, values of monitored 
parameters established during performance tests, and any other 
information required to be included in the Notification of Compliance 
Status under Sec. 63.481(k), Sec. 63.122, and Sec. 63.484 for storage 
vessels, Sec. 63.117 for continuous front-end process vents, 
Sec. 63.492 for batch front-end process vents, Sec. 63.499 for back-end 
process operations, Sec. 63.146 for process wastewater, and Sec. 63.503 
for emission points included in an emissions average. In addition, the 
owner or operator of an affected source shall comply with paragraphs 
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
    (A) For performance tests, group determinations, and process 
section applicability determinations that are based on measurements, 
the Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(5)(i)(B) of this section, for 
each test method used for a particular kind of emission point. For 
additional tests performed for the same kind of emission point using 
the same method, the results and any other information, from the test 
report, that is requested on a case-by-case basis by the Administrator 
shall be submitted, but a complete test report is not required.
* * * * *
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under Sec. 63.114(e) and 
Sec. 63.485(k) for continuous front-end process vents, Sec. 63.489 for 
batch front-end process vents and aggregate batch vent streams, 
Sec. 63.497 for back-end process operations, Sec. 63.143(f) for process 
wastewater, Sec. 63.503(m) for emission points in emissions averages, 
paragraph (e)(8) of this section, or paragraph (f) of this section, the 
information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(E) 
of this section shall be submitted in the Notification of Compliance 
Status, unless this

[[Page 38081]]

information has been established and provided in the operating permit 
application. Further, as described in Sec. 63.484(k), for those storage 
vessels for which the monitoring plan required by Sec. 63.484(k) 
specifies compliance with the provisions of Sec. 63.505, the owner or 
operator shall provide the information specified in paragraphs 
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each monitoring 
parameter, unless this information has been established and provided in 
the operating permit application. For those storage vessels for which 
the monitoring plan required by Sec. 63.484(k) does not require 
compliance with the provisions of Sec. 63.505, the owner or operator 
shall provide the information specified in Sec. 63.120(d)(3) as part of 
the Notification of Compliance Status, unless this information has been 
established and provided in the operating permit application.
* * * * *
    (iii) For emission points included in an emissions average, the 
Notification of Compliance Status shall contain the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.503(g) and (h), calculated or measured according to the 
procedures in Sec. 63.503(g) and (h), and the resulting calculation of 
credits and debits for the first quarter of the year. The first quarter 
begins on the compliance date specified.
    (iv) [Reserved.]
    (v) The determination of applicability for flexible operation units 
as specified in Sec. 63.480(f).
* * * * *
    (vii) The results for each predominant use determination made under 
Sec. 63.480(g), for storage vessels assigned to an affected source 
subject to this subpart.
    (viii) The results for each predominant use determination made 
under Sec. 63.480(h) for recovery operations equipment assigned to an 
affected source subject to this subpart.
    (ix) For owners and operators of Group 2 batch front-end process 
vents establishing a batch mass input limitation, as specified in 
Sec. 63.490(f), the affected source's operating year for purposes of 
determining compliance with the batch mass input limitation.
    (x) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.481(k), and if the provisions of 
Sec. 63.481(k) allow the owner or operator to choose which testing, 
monitoring, reporting, and recordkeeping provisions will be followed, 
then the Notification of Compliance Status shall indicate which rule's 
requirements will be followed for testing, monitoring, reporting, and 
recordkeeping.
    (xi) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec. 63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (xii) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Notification of 
Compliance Status, or as part of the appropriate Periodic Report, as 
specified in paragraph (e)(6)(ix) of this section.
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (e)(6)(xii) of this section. In addition, 
for equipment leaks subject to Sec. 63.502, the owner or operator shall 
submit the information specified in Sec. 63.182(d) under the conditions 
listed in Sec. 63.182(d), and for heat exchange systems subject to 
Sec. 63.502(n), the owner or operator shall submit the information 
specified in Sec. 63.104(f)(2) as part of the Periodic Report required 
by this paragraph (e)(6). Section Sec. 63.505 shall govern the use of 
monitoring data to determine compliance for Group 1 emission points and 
for Group 1 and Group 2 emission points included in emissions averages 
with the following exception: As discussed in Sec. 63.484(k), for 
storage vessels to which the provisions of Sec. 63.505 do not apply, as 
specified in the monitoring plan required by Sec. 63.120(d)(2), the 
owner or operator is required to comply with the requirements set out 
in the monitoring plan, and monitoring records may be used to determine 
compliance.
    (i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (e)(6)(x) 
of this section, as appropriate, shall be submitted semiannually no 
later than 60 days after the end of each 6-month period. The first 
report shall be submitted no later than 240 days after the date the 
Notification of Compliance Status is due and shall cover the 6-month 
period beginning on the date the Notification of Compliance Status is 
due.
    (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) 
through (e)(6)(ix) of this section occurred during the 6-month period, 
the Periodic Report required by paragraph (e)(6)(i) of this section 
shall be a statement that there were no compliance exceptions as 
described in this paragraph for the 6-month period covered by that 
report and that none of the activities specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
    (iii) * * *
    (A) All information specified in Sec. 63.122(a)(4) for storage 
vessels, Secs. 63.117(a)(3) and 63.118(f) and 63.485(s)(5) for 
continuous front-end process vents, Sec. 63.492 for batch front-end 
process vents and aggregate batch vent streams, Sec. 63.499 for back-
end process operations, Sec. 63.104(b)(4) for heat exchange systems, 
and Secs. 63.146(c) through 63.146(f) for process wastewater.
    (B) The daily average values or batch cycle daily average values of 
monitored parameters for all excursions, as defined in Sec. 63.505(g) 
and Sec. 63.505(h). For excursions caused by lack of monitoring data, 
the start-time and duration of periods when monitoring data were not 
collected shall be specified.
    (C) [Reserved]
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(5) of this section, as applicable:
* * * * *
    (2) Notification if a process change is made such that the group 
status of any emission point changes from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process 
change if that process change caused the group status of an emission 
point to change from Group 1 to Group 2. However, until the owner or 
operator notifies the Administrator that the group status of an 
emission point has changed from Group 1 to Group 2, the owner or 
operator is required to continue to comply with the Group 1 
requirements for that emission point. This notification may be 
submitted at any time.
    (3) Notification if one or more emission points (other than 
equipment leaks) or one or more EPPU is added to an affected source. 
The owner or operator shall submit the information contained in 
paragraphs (e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this 
section.
    (i) A description of the addition to the affected source; and
    (ii) Notification of the group status of the additional emission 
point or all emission points in the EPPU.
    (4) Notification if a standard operating procedure, as defined in 
Sec. 63.500(a)(2), is changed and the change has the potential for 
increasing the

[[Page 38082]]

concentration of carbon disulfide in the crumb dryer exhaust. This 
notification shall also include test results of the carbon disulfide 
concentration resulting from the new standard operating procedure.
    (5) For process wastewater streams sent for treatment pursuant to 
Sec. 63.132(g), reports of changes in the identity of the treatment 
facility or transferee.
* * * * *
    (iv) For each batch front-end process vent with a batch mass input 
limitation, every second Periodic Report shall include the mass of HAP 
or material input to the batch unit operation during the 12-month 
period covered by the preceding and current Periodic Reports, and a 
statement of whether the batch front-end process vent was in or out of 
compliance with the batch mass input limitation.
    (v) * * *
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information, 
pertaining to the performance test, that is requested on a case-by-case 
basis by the Administrator shall be submitted, but a complete test 
report is not required.
    (vi) Notification of a change in the primary product of an EPPU, in 
accordance with the provisions in Sec. 63.480(f). This includes a 
change in primary product from one elastomer product to either another 
elastomer product or to a non-elastomer product.
    (vii) The results for each change made to a predominant use 
determination made under Sec. 63.480(g) for a storage vessel that is 
assigned to an affected source subject to this subpart after the 
change.
    (viii) The results for each change made to a predominant use 
determination made under Sec. 63.480(h) for recovery operations 
equipment assigned to an affected source subject to this subpart after 
the change.
    (ix) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Periodic Report or as 
part of the Notification of Compliance Status as specified in paragraph 
(e)(5)(xi) of this section.
    (x) An owner or operator electing not to retain daily average or 
batch cycle daily average values under paragraph (h)(2) of this section 
shall notify the Administrator as specified in paragraph (h)(2)(i) of 
this section.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C) 
of this section.
    (A) The quarterly reports shall be submitted no later than 60 days 
after the end of each quarter. The first report shall be submitted with 
the Notification of Compliance Status no later than 150 days after the 
compliance date.
    (B) The quarterly reports shall include the information specified 
in paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section 
for all emission points included in an emissions average.
    (1) The credits and debits calculated each month during the 
quarter;
    (2) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as 
required under Sec. 63.503(e)(4);
    (3) The values of any inputs to the debit and credit equations in 
Sec. 63.503(g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter;
    (4) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (e)(6)(v) 
of this section;
    (5) Reports of daily average values or batch cycle daily averages 
of monitored parameters for excursions as defined in Sec. 63.505(g) or 
(h);
    (6) For excursions caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected shall be specified; 
and
    (7) Any other information the affected source is required to report 
under the operating permit or Emissions Averaging Plan for the affected 
source.
    (C) Every fourth quarterly report shall include the following:
    (1) A demonstration that annual credits are greater than or equal 
to annual debits as required by Sec. 63.503(e)(3); and
    (2) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.503.
    (xii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
not included in an emissions average as specified in paragraphs 
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
    (A) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point or 
process section that is not included in an emissions average if:
    (1) A control or recovery device for a particular emission point or 
process section has more excursions, as defined in Sec. 63.505(g) or 
Sec. 63.505(h), than the number of excused excursions allowed under 
Sec. 63.505(i) for a semiannual reporting period; or
    (2) The Administrator requests that the owner or operator submit 
quarterly reports for the emission point or process section.
    (B) The quarterly reports shall include all information specified 
in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section, as 
applicable to the emission point or process section for which quarterly 
reporting is required under paragraph (e)(6)(xii)(A) of this section. 
Information applicable to other emission points within the affected 
source shall be submitted in the semiannual reports required under 
paragraph (e)(6)(i) of this section.
    (C) Quarterly reports shall be submitted no later than 60 days 
after the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year without more excursions occurring (during that year) 
than the number of excused excursions allowed under Sec. 63.505(i), the 
owner or operator may return to semiannual reporting for the emission 
point or process section.
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(v) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec. 63.484 shall be submitted, as specified in Sec. 63.122(h)(1) 
and (h)(2).
    (ii) For owners or operators of affected sources required to 
request approval for a nominal control efficiency for use in 
calculating credits for an emissions average, the information specified 
in Sec. 63.503(i) shall be submitted, as specified in paragraph 
(e)(7)(ii)(A) or (e)(7)(ii)(B) of this section, as appropriate.
    (A) If use of a nominal control efficiency is part of the initial 
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this 
section, the information in paragraph (e)(7)(iii) of this section shall 
be submitted with the Emissions Averaging Plan.
    (B) If an owner or operator elects to use a nominal control 
efficiency after submittal of the initial Emissions Averaging Plan as 
described in paragraph (e)(4)(ii) of this section, the information 
required by paragraph (e)(7)(ii) of this section shall be submitted at 
the discretion of the owner or operator.
    (iii) For back-end process operations using a control or recovery 
device to comply with Secs. 63.493 through 63.500, the compliance 
redetermination report required by Sec. 63.499(d) shall be submitted 
within 180 days after the process change.

[[Page 38083]]

    (iv) When the conditions of Secs. 63.480(f)(3)(iii), (f)(9), or 
63.480(f)(10)(iii) are met, reports of changes to the primary product 
for an EPPU or process unit, as required by Secs. 63.480(f)(3)(iii), 
63.480(f)(9), or 63.480(f)(10)(iii)(C), respectively, shall be 
submitted.
    (v) Owners or operators of EPPU or emission points (other than 
equipment leak components subject to Sec. 63.502) that are subject to 
Sec. 63.480(i)(1) or (i)(2) shall submit a report as specified in 
paragraphs (e)(7)(v)(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. 63.480(i)(1) or (2);
    (3) Identification of the group status of emission points (except 
equipment leak components subject to the requirements in Sec. 63.502) 
specified in paragraphs (e)(7)(v)(A)(3)(i) through (iii) of this 
section, as applicable.
    (i) All the emission points in the added EPPU, as described in 
Sec. 63.480(i)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.480(i)(2)(i).
    (iii) All the added or created emission points as described in 
Sec. 63.480(i)(2)(ii) or (i)(2)(iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
emissions from a batch emissions episode, or wishes to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.505(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(v)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(v)(B)(1) through (e)(7)(v)(B)(3) of this section, as 
appropriate.
    (1) Owners or operators of an added EPPU subject to 
Sec. 63.480(i)(1) shall submit a report no later than 180 days prior to 
the compliance date for the EPPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.480(i)(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. 63.502) subject to 
Sec. 63.480(i)(2)(ii) or (i)(2)(iii) shall submit a report no later 
than 180 days prior to the compliance date for those emission points.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of an Emissions Averaging Plan 
or a Precompliance Report shall include the following information with 
the operating permit application:
* * * * *
    (f) Alternative monitoring parameters. The owner or operator of an 
affected source who has been directed by any section of this subpart, 
or any section of another subpart referenced by this subpart, that 
expressly references this paragraph (f) or Sec. 63.151(f) to set unique 
monitoring parameters, or who requests approval to monitor a different 
parameter than those listed in Sec. 63.484 for storage vessels, 
Sec. 63.114 for continuous front-end process vents, Sec. 63.489 for 
batch front-end process vents and aggregate batch vent streams, 
Sec. 63.497 for back-end process operations, or Sec. 63.143 for process 
wastewater shall submit the information specified in paragraphs (f)(1) 
through (f)(3) of this section in the Precompliance Report, as required 
by paragraph (e)(3) of this section. The owner or operator shall retain 
for a period of 5 years each record required by paragraphs (f)(1) 
through (f)(3) of this section.
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include 
the frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section is met:
* * * * *
    (g) Alternative continuous monitoring and recordkeeping. An owner 
or operator choosing not to implement the continuous parameter 
operating and recordkeeping provisions listed in Sec. 63.485 for 
continuous front-end process vents, Sec. 63.486 for batch front-end 
process vents and aggregate batch vent streams, Sec. 63.493 for back-
end process operations, and Sec. 63.501 for process wastewater, may 
instead request approval to use alternative continuous monitoring and 
recordkeeping provisions according to the procedures specified in 
paragraphs (g)(1) through (g)(4) of this section. Requests shall be 
submitted in the Precompliance Report as specified in paragraph 
(e)(3)(iv) of this section, if not already included in the operating 
permit application, and shall contain the information specified in 
paragraphs (g)(2)(ii) and (g)(3)(ii) of this section, as applicable.
    (1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review 
and approval of requests.
    (2) * * *
    (ii) * * *
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control or 
recovery device operating conditions, considering typical variability 
of the specific process and control or recovery device operating 
parameter being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency, but that records all 
values that meet set criteria for variation from previously recorded 
values, in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this 
section.
    (i) * * *
    (A) Measure the operating parameter value at least once during 
every 15 minute period;
* * * * *
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f)(4).
    (h) Reduced recordkeeping program. For any parameter with respect 
to any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (h)(1) or (h)(2) of this 
section as alternatives to the continuous operating parameter 
monitoring and recordkeeping provisions that would otherwise apply 
under this subpart. The owner or operator shall retain for a period of 
5 years each record required by paragraph (h)(1) or (h)(2) of this 
section, except as otherwise provided in paragraph (h)(1)(vi)(D) of 
this section.
    (1) The owner or operator may retain only the daily average or the 
batch cycle daily average value, and is not required to retain more 
frequent monitored operating parameter values, for a monitored 
parameter with respect to an item of equipment, if the requirements of 
paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An 
owner or operator electing to comply with the requirements of paragraph 
(h)(1) of this section shall notify the Administrator in the 
Notification of Compliance Status as specified in paragraph (e)(5)(xii) 
of this section, or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report

[[Page 38084]]

immediately preceding implementation of the requirements of paragraph 
(h)(1) of this section, as specified in paragraph (e)(6)(ix) of this 
section.
* * * * *
    (ii) * * *
    (B) The running average is based on at least six one-hour average 
values; and
* * * * *
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that 
is being monitored.
* * * * *
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
* * * * *
    (B) A description of the applicable monitoring system(s), and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (h)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage, log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description. The description, and the most recent superseded 
description, shall be retained as provided in paragraph (a) of this 
section, except as provided in paragraph (h)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to impair its ability to 
comply with the requirements of paragraph (h)(1) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system 
as long as the description is current. The current description shall, 
at all times, be retained on-site or be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The owner or operator shall retain all superseded 
descriptions for at least 5 years after the date of their creation. 
Superseded descriptions shall be retained on-site (or accessible from a 
central location by computer or other means that provides access within 
2 hours after a request) for at least 6 months after their creation. 
Thereafter, superseded descriptions may be stored off-site.
    (2) * * *
    (i) If the owner or operator elects not to retain the daily average 
or batch cycle daily average values, the owner or operator shall notify 
the Administrator in the next Periodic Report as specified in paragraph 
(e)(6)(x) of this section. The notification shall identify the 
parameter and unit of equipment.
* * * * *
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through(h)(1)(iii) of this section, for the 
duration specified in paragraph (h) of this section. For any calendar 
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iii) of 
this section does not result in retention of a record of at least one 
occurrence or measured parameter value, the owner or operator shall 
record and retain at least one parameter value during a period of 
operation other than a start-up, shutdown, or malfunction.
    (iv) * * *
    (A) The daily average or batch cycle daily average value during any 
start-up, shutdown, or malfunction shall not be considered an excursion 
for purposes of paragraph (h)(2) of this section, if the owner or 
operator follows the applicable provisions of the start-up, shutdown, 
and malfunction plan required by Sec. 63.6(e)(3).
* * * * *
    28a. Revise Tables 1, 2, 5, 6, 7, and 8, and add Table 9 to Subpart 
U of part 63, to read as follows:

Table 1 to Subpart U of Part 63.--Applicability of General Provisions to
                       Subpart U Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart U           Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes..............  Sec.  63.482
                                                    specifies
                                                    definitions in
                                                    addition to or that
                                                    supersede
                                                    definitions in Sec.
                                                    63.2.
63.1(a)(2)....................  Yes                .....................
63.1(a)(3)....................  Yes..............  Sec.  63.481(f)
                                                    through (k) and Sec.
                                                     63.160(b) identify
                                                    those standards
                                                    which may apply in
                                                    addition to the
                                                    requirements of
                                                    subparts U and H of
                                                    this part, and
                                                    specify how
                                                    compliance shall be
                                                    achieved.
63.1(a)(4)....................  Yes..............  Subpart U (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    U.
63.1(a)(5)....................  No...............  [Reserved.]
63.1(a)(6)-63.1(a)(8).........  Yes                .....................
63.1(a)(9)....................  No...............  [Reserved.]
63.1(a)(10)...................  Yes                .....................
63.1(a)(11)...................  Yes                .....................
63.1(a)(12)-63.1(a)(14).......  Yes                .....................
63.1(b)(1)....................  No...............  Sec.  63.480(a)
                                                    contains specific
                                                    applicability
                                                    criteria.
63.1(b)(2)....................  Yes                .....................
63.1(b)(3)....................  No...............  Sec.  63.480(b)
                                                    provides
                                                    documentation
                                                    requirements for
                                                    EPPUs not considered
                                                    affected sources.
63.1(c)(1)....................  Yes..............  Subpart U (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    U.
63.1(c)(2)....................  No...............  Area sources are not
                                                    subject to subpart
                                                    U.
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 that
                                                    are not required by
                                                    subpart U.
63.1(d).......................  No...............  [Reserved.]
63.1(e).......................  Yes                .....................
63.2..........................  Yes..............  Sec.  63.482
                                                    specifies those
                                                    subpart A
                                                    definitions that
                                                    apply to subpart U.
63.3..........................  Yes                .....................
63.4(a)(1)-63.4(a)(3).........  Yes                .....................
63.4(a)(4)....................  No...............  [Reserved.]

[[Page 38085]]

 
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.
                                                    63.480(i) 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
                                                    and Sec.  63.9(b)
                                                    requirements do not
                                                    apply.
63.5(b)(5)....................  Yes..............
63.5(b)(6)....................  Yes..............  Except that Sec.
                                                    63.480(i) defines
                                                    when construction or
                                                    reconstruction is
                                                    subject to the new
                                                    source standards.
63.5(c).......................  No...............  [Reserved.]
63.5(d)(1)(i).................  Yes..............  Except that the
                                                    references to the
                                                    Initial Notification
                                                    and Sec.  63.9(b)(5)
                                                    do not apply.
63.5(d)(1)(ii)................  Yes..............  Except that Sec.
                                                    63.5(d)(1)(ii)(H)
                                                    does not apply.
63.5(d)(1)(iii)...............  No...............  Sec.  63.506(e)(5)
                                                    and Sec.  63.502(f)
                                                    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.
                                                    63.502 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)....................  No...............  The dates specified
                                                    in Sec.  63.481(b)
                                                    apply, instead.
63.6(b)(2)....................  No...............
63.6(b)(3)....................  No...............
63.6(b)(4)....................  No...............
63.6(b)(5)....................  No...............
63.6(b)(6)....................  No...............  [Reserved.]
63.6(b)(7)....................  No...............
63.6(c)(1)....................  Yes..............  Sec.  63.481
                                                    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. Does not
                                                    apply to Group 2
                                                    emission points,
                                                    unless they are
                                                    included in an
                                                    emissions
                                                    average.\a\
63.6(e)(1)(i).................  No...............  This is addressed by
                                                    Sec.  63.480(j)(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.
                                                    63.502), the start-
                                                    up, shutdown, and
                                                    malfunction plan
                                                    requirement of Sec.
                                                    63.6(e)(3)(i) is
                                                    limited to control
                                                    devices and is
                                                    optional for other
                                                    equipment. The start-
                                                    up, shutdown, and
                                                    malfunction plan may
                                                    include written
                                                    procedures that
                                                    identify conditions
                                                    that justify a delay
                                                    of repair.
63.6(e)(3)(i)(A)..............  No...............  This is addressed by
                                                    Sec.  63.480(j)(4).
63.6(e)(3)(i)(B)..............  Yes..............
63.6(e)(3)(i)(C)..............  Yes..............
63.6(e)(3)(ii)................  Yes..............
63.6(e)(3)(iii)...............  No...............  Recordkeeping and
                                                    reporting are
                                                    specified in Sec.
                                                    63.506(b)(1).
63.6(e)(3)(iv)................  No...............  Recordkeeping and
                                                    reporting are
                                                    specified in Sec.
                                                    63.506(b)(1).
63.6(e)(3)(v).................  Yes..............
63.6(e)(3)(vi)................  Yes..............
63.6(e)(3)(vii)...............  Yes..............
63.6(e)(3)(vii)(A)............  Yes..............
63.6(e)(3)(vii)(B)............  Yes..............  Except the plan shall
                                                    provide for
                                                    operation in
                                                    compliance with Sec.
                                                     63.480(j)(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.
                                                    63.502.
63.6(f)(3)....................  Yes..............

[[Page 38086]]

 
63.6(g).......................  Yes..............
63.6(h).......................  No...............  Subpart U 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.  63.481(e)
                                                    and Sec.
                                                    63.506(e)(3)(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.  63.506(e)(5)
                                                    specifies the
                                                    submittal dates of
                                                    performance test
                                                    results for all
                                                    emission points
                                                    except equipment
                                                    leaks; for equipment
                                                    leaks, compliance
                                                    demonstration
                                                    results are reported
                                                    in the Periodic
                                                    Reports.
63.7(a)(3)....................  Yes..............
63.7(b).......................  No...............  Sec.  63.504(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
                                                    at maximum
                                                    representative
                                                    operating conditions
                                                    achievable at the
                                                    time without
                                                    disruption of
                                                    operations or damage
                                                    to equipment.
63.7(e)(2)....................  Yes..............
63.7(e)(3)....................  No...............  Subpart U specifies
                                                    requirements.
63.7(e)(4)....................  Yes..............
63.7(f).......................  Yes..............  Except that Sec.
                                                    63.144(b)(5)(iii)(A)
                                                    & (B) shall apply
                                                    for process
                                                    wastewater. Also,
                                                    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 that the
                                                    requirements in Sec.
                                                     63.506(e)(5) shall
                                                    apply instead of
                                                    references to the
                                                    Notification of
                                                    Compliance Status
                                                    report in 63.9(h).
                                                    In addition,
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.502 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 U 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.
                                                    63.506(b)(1)(i)(B);
                                                    for equipment leaks,
                                                    comply with Sec.
                                                    63.181(g)(2)(iii).
63.8(c)(1)(iii)...............  Yes..............
63.8(c)(2)....................  Yes..............
63.8(c)(3)....................  Yes..............
63.8(c)(4)....................  No...............  Sec.  63.505
                                                    specifies monitoring
                                                    frequency; not
                                                    applicable to
                                                    equipment leaks,
                                                    because Sec.  63.502
                                                    does not require
                                                    continuous
                                                    monitoring systems.
63.8(c)(5)-63.8(c)(8).........  No...............
63.8(d).......................  No...............
63.8(e).......................  No...............
63.8(f)(1)-63.8(f)(3).........  Yes..............
63.8(f)(4)(i).................  No...............  Timeframe for
                                                    submitting request
                                                    is specified in Sec.
                                                     63.506(f) or (g);
                                                    not applicable to
                                                    equipment leaks,
                                                    because Sec.  63.502
                                                    (through reference
                                                    to subpart H)
                                                    specifies acceptable
                                                    alternative methods.
63.8(f)(4)(ii)................  No...............  Contents of request
                                                    are specified in
                                                    Sec.  63.506(f) or
                                                    (g).
63.8(f)(4)(iii)...............  No...............
63.8(f)(5)(i).................  Yes..............
63.8(f)(5)(ii)................  No...............
63.8(f)(5)(iii)...............  Yes..............
63.8(f)(6)....................  No...............  Subpart U does not
                                                    require CEM's.
63.8(g).......................  No...............  Data reduction
                                                    procedures specified
                                                    in Sec.  63.506(d)
                                                    and (h); not
                                                    applicable to
                                                    equipment leaks.
63.9(a).......................  Yes..............

[[Page 38087]]

 
63.9(b).......................  No...............  Subpart U does not
                                                    require an initial
                                                    notification.
63.9(c).......................  Yes..............
63.9(d).......................  Yes..............
63.9(e).......................  No...............  Sec.  63.504(a)(4)
                                                    specifies
                                                    notification
                                                    deadline.
63.9(f).......................  No...............  Subpart U does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.9(g).......................  No...............
63.9(h).......................  No...............  Sec.  63.506(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.  63.506(a)
                                                    specifies record
                                                    retention
                                                    requirements.
63.10(b)(2)...................  No...............  Subpart U specifies
                                                    recordkeeping
                                                    requirements.
63.10(b)(3)...................  No...............  Sec.  63.480(b)
                                                    requires
                                                    documentation of
                                                    sources that are not
                                                    affected sources.
63.10(c)......................  No...............  Sec.  63.506
                                                    specifies
                                                    recordkeeping
                                                    requirements.
63.10(d)(1)...................  Yes..............
63.10(d)(2)...................  No...............  Sec.  63.506(e)(5)
                                                    specifies
                                                    performance test
                                                    reporting
                                                    requirements; not
                                                    applicable to
                                                    equipment leaks.
63.10(d)(3)...................  No...............  Subpart U 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.
                                                    63.506(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
                                                    unless they are
                                                    included in an
                                                    emissions average.
63.10(d)(5)(ii)...............  No...............
63.10(e)......................  No...............  Sec.  63.506
                                                    specifies reporting
                                                    requirements.
63.10(f)......................  Yes..............
63.11.........................  Yes..............  Except that instead
                                                    of Sec.  63.11(b),
                                                    Sec.  63.504(c)
                                                    shall apply.
63.12.........................  Yes..............  Except that the
                                                    authority of Sec.
                                                    63.503(i) and 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 unless they are
  included in an emissions average.


 Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & H of This Part to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                                   Applicable section of subpart
           Reference             Applies to subpart U         Explanation                        U
----------------------------------------------------------------------------------------------------------------
           Subpart F
63.100.........................  No..................
63.101.........................  Yes.................  Several definitions from   63.482
                                                        63.101 are referenced in
                                                        63.482.
63.102-63.103..................  No..................
63.104-63.105..................  Yes.................  .........................  63.501 and 63.502
63.106-63.109..................  No..................
 
           Subpart G
 
63.110.........................  No..................
63.111.........................  Yes.................  Several definitions from   63.482
                                                        63.111 are referenced in
                                                        63.482.
63.112.........................  No..................
63.113-63.118..................  Yes.................  With the differences       63.485
                                                        noted in 63.485(b)
                                                        through 63.485(k).
63.119-63.123..................  Yes.................  With the differences       63.484
                                                        noted in 63.484(c)
                                                        through 63.484(s).
63.124-63.125..................  No..................  [Reserved.]..............
63.126-63.130..................  No..................
63.131-63.147..................  Yes.................  With the differences       63.501
                                                        noted in 63.501(a)(1)
                                                        through 63.501(a)(19).
63.148-63.149..................  Yes.................  With the differences       63.484 and 63.501
                                                        noted in 63.484(c)
                                                        through 63.484(s) and
                                                        63.501(a)(1) through
                                                        63.501(a)(23).
63.150(a) through 63.150(f)....  No..................
63.150(g)(1) and 63.150(g)(2)..  No..................
63.150(g)(3)...................  Yes.................  .........................  63.503(g)(3)
63.150(g)(4)...................  No..................
63.150(g)(5)...................  Yes.................  .........................  63.503(g)(5)
63.150(h)(1) and 63.150(h)(2)..  No..................
63.150(h)(3)...................  Yes.................  .........................  63.503(h)(3)
63.150(h)(4)...................  No..................

[[Page 38088]]

 
63.150(h)(5)...................  Yes.................  .........................  63.503(h)(5)
63.150(i) through 63.150(o)....  No..................
63.151-63.152..................  No..................
 
           Subpart H
 
63.160-63.183..................  Yes.................  Subpart U affected         63.502
                                                        sources shall comply
                                                        with all requirements of
                                                        subpart H of this part,
                                                        with the differences
                                                        noted in Sec.  63.502.
----------------------------------------------------------------------------------------------------------------

* * * * *

[[Page 38089]]



                                              Table 5 to Subpart U of Part 63--Known Organic HAP Emitted From the Production of Elastomer Products
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Elastomer product/subcategory
Organic HAP/chemical name (CAS -----------------------------------------------------------------------------------------------------------------------------------------------------------------
             No.)                    BR            EPI           EPR           HBR           HYP           NEO          NBL          NBR        PBR/SBRS       PSR          SBL          SBRE
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile (107131)........  ............  ............  ............  ............  ............  ............              ...........  ...........  ...........  ...........
1,3 Butadiene (106990)........  ............  ............  ............  ............  ............  ............                    ...........        
Carbon Disulfide (75150)......  ............  ............  ............  ............  ............  ............  ...........  ...........  ...........  ...........  ...........  
Carbon Tetrachloride (56235)..  ............  ............  ............  ............         ............  ...........  ...........  ...........  ...........  ...........  ...........
Chlorobenzene (108907)........  ............  ............  ............  ............         ............  ...........  ...........  ...........  ...........  ...........  ...........
Chloroform (67663)............  ............  ............  ............  ............         ............  ...........  ...........  ...........  ...........  ...........  ...........
Chloroprene (126998)..........  ............  ............  ............  ............  ............         ...........  ...........  ...........  ...........  ...........  ...........
Epichlorohydrin (106898)......  ............         ............  ............  ............  ............  ...........  ...........  ...........  ...........  ...........  ...........
Ethylbenzene (100414).........         ............  ............  ............  ............  ............  ...........  ...........  ...........  ...........        ...........
Ethylene Dichloride (107062)..  ............  ............  ............  ............  ............  ............  ...........  ...........  ...........        ...........  ...........
Ethylene Oxide (75218)........  ............         ............  ............  ............  ............  ...........  ...........  ...........        ...........  ...........
Formaldehyde (50000)..........  ............  ............  ............  ............  ............  ............  ...........  ...........  ...........        ...........  ...........
Hexane (110543)...............         ............         ............  ............  ............  ...........  ...........        ...........  ...........  ...........
Methanol (67561)..............         ............  ............  ............  ............  ............  ...........  ...........        ...........  ...........  ...........
Methyl Chloride (74873).......         ............  ............  ............         ............  ...........  ...........  ...........  ...........  ...........  ...........
Propylene Oxide (75569).......  ............         ............  ............  ............  ............  ...........  ...........  ...........  ...........  ...........  ...........
Styrene (100425)..............  ............  ............  ............  ............  ............  ............  ...........  ...........        ...........        
Toluene (108883)..............  ............                ............  ............         ...........  ...........        ...........  ...........  ...........
Xylenes (1330207).............         ............  ............  ............  ............  ............  ...........  ...........  ...........  ...........  ...........  ...........
Xylene (m-) (108383)..........         ............  ............  ............  ............  ............  ...........  ...........  ...........  ...........        ...........
Xylene (o-) (95476)...........         ............  ............  ............  ............  ............  ...........  ...........  ...........  ...........        ...........
Xylene (p-) (106423)..........         ............  ............  ............  ............  ............  ...........  ...........  ...........  ...........        ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number
BR = Butyl Rubber
EPI = Epichlorohydrin Rubber
EPR = Ethylene Propylene Rubber
HBR = Halobutyl Rubber
HYP = HypalonTM
NEO = Neoprene
NBL = Nitrile Butadiene Latex
NBR = Nitrile Butadiene Rubber
PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution
PSR = Polysulfide Rubber
SBL = Styrene Butadiene Latex
SBRE = Styrene Butadiene Rubber by Emulsion


[[Page 38090]]


 Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process Vents
    and Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and
                         Reporting Requirements
------------------------------------------------------------------------
                                                      Recordkeeping and
                                 Parameter to be          reporting
   Control/recovery device          monitored         requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal Incinerator.........  Firebox temperature   1. Continuous
                               a.                    records as
                                                     specified in Sec.
                                                     63.491(e)(1) b.
                                                    2. Record and report
                                                     the average firebox
                                                     temperature
                                                     measured during the
                                                     performance test
                                                     NCS c.
                                                    3. Record the batch
                                                     cycle daily average
                                                     firebox temperature
                                                     as specified in
                                                     Sec.  63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     temperatures that
                                                     are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR d e.
Catalytic Incinerator.......  Temperature upstream  1. Continuous
                               and downstream of     records as
                               the catalyst bed.     specified in Sec.
                                                     63.491(e)(1)b.
                                                    2. Record and report
                                                     the average
                                                     upstream and
                                                     downstream
                                                     temperatures and
                                                     the average
                                                     temperature
                                                     difference across
                                                     the catalyst bed
                                                     measured during the
                                                     performance test
                                                     NCS c.
                                                    3. Record the batch
                                                     cycle daily average
                                                     upstream
                                                     temperature and
                                                     temperature
                                                     difference across
                                                     catalyst bed as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     upstream
                                                     temperatures that
                                                     are below the
                                                     minimum upstream
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     PR d e.
                                                    5. Report all batch
                                                     cycle daily average
                                                     temperature
                                                     differences across
                                                     the catalyst bed
                                                     that are below the
                                                     minimum difference
                                                     established in the
                                                     NCS or operating
                                                     permit--PR d e.
                                                    6. Report all
                                                     instances when
                                                     monitoring data are
                                                     not collected.
Boiler or Process Heater      Firebox temperature   1. Continuous
 with a design heat input      a.                    records as
 capacity less than 44                               specified in Sec.
 megawatts and where the                             63.491(e)(1).b
 batch front-end process
 vents or aggregate batch
 vent streams are not
 introduced with or used as
 the primary fuel.
                                                    2. Record and report
                                                     the average firebox
                                                     temperature
                                                     measured during the
                                                     performance test--
                                                     NCS.c
                                                    3. Record the batch
                                                     cycle daily average
                                                     firebox temperature
                                                     as specified in
                                                     Sec.  63.491(e)(2).
                                                     d
                                                    4. Report all batch
                                                     cycle daily average
                                                     temperatures that
                                                     are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.d e
Flare.......................  Presence of a flame   1. Hourly records of
                               at the pilot light.   whether the monitor
                                                     was continuously
                                                     operating during
                                                     batch emission
                                                     episodes selected
                                                     for control and
                                                     whether a flame was
                                                     continuously
                                                     present at the
                                                     pilot light during
                                                     each hour.
                                                    2. Record and report
                                                     the presence of a
                                                     flame at the pilot
                                                     light over the full
                                                     period of the
                                                     compliance
                                                     determination--NCS.
                                                     c
                                                    3. Record the times
                                                     and durations of
                                                     all periods during
                                                     batch emission
                                                     episodes when all
                                                     flames at the pilot
                                                     light of a flare
                                                     are absent or the
                                                     monitor is not
                                                     operating.
                                                    4. Report the times
                                                     and durations of
                                                     all periods during
                                                     batch emission
                                                     episodes selected
                                                     for control when
                                                     all flames at the
                                                     pilot light of a
                                                     flare are absent--
                                                     PR.d

[[Page 38091]]

 
Scrubber for halogenated      pH of scrubber        1. Continuous
 batch front-end process       effluent, and.        records as
 vents or aggregate batch                            specified in Sec.
 vent streams (Note:                                 63.491(e)(1).b
 Controlled by a combustion
 device other than a flare).
                                                     2. Record and
                                                     report the average
                                                     pH of the scrubber
                                                     effluent measured
                                                     during the
                                                     performance test--
                                                     NCS.c
                                                     3. Record the batch
                                                     cycle daily average
                                                     pH of the scrubber
                                                     effluent as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                     4. Report all batch
                                                     cycle daily average
                                                     pH values of the
                                                     scrubber effluent
                                                     that are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when insufficient
                                                     monitoring data are
                                                     collected--PR.d e
Scrubber for halogenated      Scrubber liquid and   1. Records as
 batch front-end process       gas flow rates        specified in Sec.
 vents or aggregate batch      [Sec.  63.489         63.491(e)(1).b
 vent streams (Note:           (b)(4)(ii)].         2. Record and report
 Controlled by a combustion                          the scrubber liquid/
 device other than a flare)                          gas ratio averaged
 (Continued).                                        over the full
                                                     period of the
                                                     performance test--
                                                     NCS.c
                                                     3. Record the batch
                                                     cycle daily average
                                                     scrubber liquid/gas
                                                     ratio as specified
                                                     in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     scrubber liquid/gas
                                                     ratios that are
                                                     below the minimum
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when insufficient
                                                     monitoring data are
                                                     collected--PR.d e
Absorber f..................  Exit temperature of   1. Continuous
                               the absorbing         records as
                               liquid, and.          specified in Sec.
                                                     63.491(e)(1).b
                                                    2. Record and report
                                                     the average exit
                                                     temperature of the
                                                     absorbing liquid
                                                     measured during the
                                                     performance test--
                                                     NCS.c
                                                    3. Record the batch
                                                     cycle daily average
                                                     exit temperature of
                                                     the absorbing
                                                     liquid as specified
                                                     in Sec.
                                                     63.491(e)(2) for
                                                     each batch cycle.
                                                    4. Report all the
                                                     batch cycle daily
                                                     average exit
                                                     temperatures of the
                                                     absorbing liquid
                                                     that are below the
                                                     minimum absorbing
                                                     liquid exit
                                                     temperature
                                                     established in the
                                                     NCS or operating
                                                     permit and all
                                                     instances when
                                                     monitoring data are
                                                     not collected--PR.d
                                                     e
  ..........................                        Exit specific
                                                     gravity of the
                                                     absorbing liquid 1.
                                                     Continuous records
                                                     as specified in
                                                     Sec.  63.491(e)(1).
                                                     b
                                                    2. Record and report
                                                     the average exit
                                                     specific gravity
                                                     measured during the
                                                     performance test--
                                                     NCS.
                                                    3. Record the batch
                                                     cycle daily average
                                                     exit specific
                                                     gravity as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     exit specific
                                                     gravity values that
                                                     are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.d e
Condenser f.................  Exit (product side)   1. Continuous
                               temperature.          records as
                                                     specified in Sec.
                                                     63.491(e)(1).b
                                                    2. Record and report
                                                     the average exit
                                                     temperature
                                                     measured during the
                                                     performance test--
                                                     NCS.
                                                    3. Record the batch
                                                     cycle daily average
                                                     exit temperature as
                                                     specified in Sec.
                                                     63.491(e)(2).

[[Page 38092]]

 
                                                    4. Report all batch
                                                     cycle daily average
                                                     exit temperatures
                                                     that are above the
                                                     maximum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.d, e
Carbon Adsorber f...........  Total regeneration    1. Record of total
                               steam flow or         regeneration steam
                               nitrogen flow, or     flow or nitrogen
                               pressure (gauge or    flow, or pressure
                               absolute) during      for each carbon bed
                               carbon bed            regeneration cycle.
                               regeneration
                               cycle(s), and.
                                                    2. Record and report
                                                     the total
                                                     regeneration steam
                                                     flow or nitrogen
                                                     flow, or pressure
                                                     during each carbon
                                                     bed regeneration
                                                     cycle during the
                                                     performance test--
                                                     NCS.c
                                                    3. Report all carbon
                                                     bed regeneration
                                                     cycles when the
                                                     total regeneration
                                                     steam flow or
                                                     nitrogen flow, or
                                                     pressure is above
                                                     the maximum value
                                                     established in the
                                                     NCS or operating
                                                     permit--PR.d, e
                              Temperature of the    1. Record the
                               carbon bed after      temperature of the
                               regeneration and      carbon bed after
                               within 15 minutes     each regeneration
                               of completing any     and within 15
                               cooling cycle(s).     minutes of
                                                     completing any
                                                     cooling cycle(s).
                                                    2. Record and report
                                                     the temperature of
                                                     the carbon bed
                                                     after each
                                                     regeneration and
                                                     within 15 minutes
                                                     of completing any
                                                     cooling cycle(s)
                                                     measured during the
                                                     performance test--
                                                     NCS.c
                                                    3. Report all carbon
                                                     bed regeneration
                                                     cycles when the
                                                     temperature of the
                                                     carbon bed after
                                                     regeneration, or
                                                     within 15 minutes
                                                     of completing any
                                                     cooling cycle(s),
                                                     is above the
                                                     maximum value
                                                     established in the
                                                     NCS or operating
                                                     permit--PR.d, e
All Control Devices.........  Diversion to the      1. Hourly records of
                               atmosphere from the   whether the flow
                               control device or.    indicator was
                                                     operating during
                                                     batch emission
                                                     episodes selected
                                                     for control and
                                                     whether a diversion
                                                     was detected at any
                                                     time during the
                                                     hour, as specified
                                                     in Sec.
                                                     63.491(e)(3).
                                                    2. Record and report
                                                     the times of all
                                                     periods during
                                                     batch emission
                                                     episodes selected
                                                     for control when
                                                     emissions are
                                                     diverted through a
                                                     bypass line, or the
                                                     flow indicator is
                                                     not operating--PRd
                              Monthly inspections   1. Records that
                               of sealed valves.     monthly inspections
                                                     were performed as
                                                     specified in Sec.
                                                     63.491(e)(4)(i).
                                                    2. Record and report
                                                     all monthly
                                                     inspections that
                                                     show that valves
                                                     are in the
                                                     diverting position
                                                     or that a seal has
                                                     been broken--PRd
Absorber, Condenser, and      Concentration level   1. Continuous
 Carbon Adsorber (as an        or reading            records as
 alternative to the above).    indicated by an       specified in Sec.
                               organic monitoring    63.491(e)(1).b
                               device at the
                               outlet of the
                               recovery device.
                                                    2. Record and report
                                                     the average batch
                                                     vent concentration
                                                     level or reading
                                                     measured during the
                                                     performance test--
                                                     NCS.
                                                    3. Record the batch
                                                     cycle daily average
                                                     concentration level
                                                     or reading as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     concentration
                                                     levels or readings
                                                     that are above the
                                                     maximum values
                                                     established in the
                                                     NCS or operating
                                                     permit and all
                                                     instances when
                                                     monitoring data are
                                                     not collected--
                                                     PR.d, e
------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the duct work
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
b ``Continuous records'' is defined in Sec.  63.111.
c ``NCS = Notification of Compliance Status described in Sec.
  63.506(e)(5).
d PR = Periodic Reports described in Sec.  63.506(e)(6) of this subpart.
 
e The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.
  63.506(e)(6)(iii)(C) of this subpart.

[[Page 38093]]

 
f Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.


     Table 7 to Subpart U of Part 63--Operating Parameters for Which
   Monitoring Levels Are Required To Be Established for Continuous and
     Batch Front-End Process Vents and Aggregate Batch Vent Streams
------------------------------------------------------------------------
                                                           Established
    Control/recovery device        Parameters to be         operating
                                       monitored          parameter(s)
------------------------------------------------------------------------
Thermal incinerator...........  Firebox temperature...  Minimum
                                                         temperature.
Catalytic incinerator.........  Temperature upstream    Minimum upstream
                                 and downstream of the   temperature;
                                 catalyst bed.           and minimum
                                                         temperature
                                                         difference
                                                         across the
                                                         catalyst bed.
Boiler or process heater......  Firebox temperature...  Minimum
                                                         temperature.
Scrubber for halogenated vents  pH of scrubber          Minimum pH; and
                                 effluent; and           minimum liquid/
                                 scrubber liquid and     gas ratio.
                                 gas flow rates.
                                [Sec.  63.489(b)(4)(ii
                                 )].
Absorber......................  Exit temperature of     Maximum
                                 the absorbing liquid;   temperature;
                                 and exit specific       and maximum
                                 gravity of the          specific
                                 absorbing liquid.       gravity.
Condenser.....................  Exit temperature......  Maximum
                                                         temperature.
Carbon adsorber...............  Total regeneration      Maximum flow or
                                 steam flow or           pressure; and
                                 nitrogen flow, or       maximum
                                 pressure (gauge or      temperature.
                                 absolute)a during
                                 carbon bed
                                 regeneration cycle;
                                 and temperature of
                                 the carbon bed after
                                 regeneration (and
                                 within 15 minutes of
                                 completing any
                                 cooling cycle(s)).
Other devices (or as an         HAP concentration       Maximum HAP
 alternate to the above) b.      level or reading at     concentration
                                 outlet of device.       or reading.
------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure
  swing absorbers.
b Concentration is measured instead of an operating parameter.


   Table 8 to Subpart U of Part 63--Summary of Compliance Alternative
            Requirements for the Back-End Process Provisions
------------------------------------------------------------------------
                                 Parameter to be
   Compliance alternative           monitored           Requirements
------------------------------------------------------------------------
Compliance Using Stripping    Residual organic HAP  (1) If a stripper
 Technology, Demonstrated      content in each       operated in batch
 through Periodic Sampling     sample of crumb or    mode is used, at
 [Sec.  63.495(b)].            latex.                least one
                                                     representative
                                                     sample is to be
                                                     taken from every
                                                     batch.
                                                    (2) If a stripper
                                                     operated in
                                                     continuous mode is
                                                     used, at least one
                                                     representative
                                                     sample is to be
                                                     taken each
                                                     operating day.
                              Quantity of Material  (1) Acceptable
                               (weight of latex or   methods of
                               dry crumb rubber)     determining this
                               represented by each   quantity are
                               sample.               production records,
                                                     measurement of
                                                     stream
                                                     characteristics,
                                                     and engineering
                                                     calculations.
Compliance Using Stripping    At a minimum,         (1) Establish
 Technology, Demonstrated      temperature,          stripper operating
 through Stripper Parameter    pressure, steaming    parameter levels
 Monitoring [Sec.              rates (for steam      for each grade in
 63.495(c)].                   strippers), and       accordance with
                               some parameter that   Sec.  63.505(e).
                               is indicative of     (2) Continuously
                               residence time.       monitor stripper
                                                     operating
                                                     parameters.
                                                    (3) If hourly
                                                     average parameters
                                                     are outside of the
                                                     established
                                                     operating parameter
                                                     levels, a crumb or
                                                     latex sample shall
                                                     be taken in
                                                     accordance with
                                                     Sec.  63.495(c)(3)(
                                                     ii).
Determining Compliance Using  Parameters to be      Comply with
 Control or Recovery Devices   monitored are         requirements listed
 [Sec.  63.496].               described in Table    in Table 3 of
                               3 of subpart G of     subpart G of this
                               this part.            part, except for
                                                     the requirements
                                                     for halogenated
                                                     vent stream
                                                     scrubbers.
------------------------------------------------------------------------


   Table 9 to Subpart U of Part 63-- Routine Reports Required by This
                                 Subpart
------------------------------------------------------------------------
                                  Description of
           Reference                  report              Due date
------------------------------------------------------------------------
Sec.  63.506(b) and Subpart A.  Refer to Sec.      Refer to subpart A.
                                 63.506(b), Table
                                 1 of this
                                 subpart, and to
                                 subpart A.
Sec.  63.506(e)(3)............  Precompliance      Existing affected
                                 Report a.          sources: 12 months
                                                    prior to compliance
                                                    date.
                                New affected
                                 sources: with
                                 the application
                                 for approval of
                                 construction or
                                 reconstruction.
Sec.  63.506(e)(4)............  Emissions          18 months prior to
                                 Averaging Plan.    the compliance date.
Sec.  63.506(e)(4)(iv)........  Updates to         120 days prior to
                                 Emissions          making the change
                                 Averaging Plan.    necessitating the
                                                    update.
Sec.  63.506(e)(5)............  Notification of    Within 150 days after
                                 Compliance         the compliance date.
                                 Status b.
Sec.  63.506(e)(6)............  Periodic Reports.  Semiannually, no
                                                    later than 60 days
                                                    after the end of
                                                    each 6-month period.
                                                    See Sec.
                                                    63.506(e)(6)(i) for
                                                    the due date for
                                                    this report.
Sec.  63.506(e)(6)(xi)........  Quarterly reports  No later than 60 days
                                 for Emissions      after the end of
                                 Averaging.         each quarter. First
                                                    report is due with
                                                    the Notification of
                                                    Compliance Status.

[[Page 38094]]

 
Sec.  63.506(e)(6)(xii).......  Quarterly reports  No later than 60 days
                                 upon request of    after the end of
                                 the                each quarter.
                                 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.
Sec.  63.506(e)(7)(ii)........  Requests for       Initial submittal is
                                 Approval of a      due with the
                                 Nominal Control    Emissions Averaging
                                 Efficiency for     Plan; later
                                 Use in Emissions   submittals are made
                                 Averaging.         at the discretion of
                                                    the owner or
                                                    operator as
                                                    specified in Sec.
                                                    63.506(e)(7)(ii)(B).
Sec.  63.506(e)(7)(iii).......  Notification of    For notification
                                 Change in the      under Sec.
                                 Primary Product.   63.480(f)(3)(ii)
                                                   --notification
                                                    submittal date at
                                                    the discretion of
                                                    the owner or
                                                    operator.c
                                                   For notification
                                                    under Sec.
                                                    63.480(f)(4)(ii)
                                                   --within 6 months of
                                                    making the
                                                    determination.
------------------------------------------------------------------------
a There may be two versions of this report due at different times; one
  for equipment subject to Sec.  63.502 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.  63.502 and one for other emission
  points subject to this subpart.
c Note that the EPPU remains subject to this subpart until the
  notification under Sec.  63.480(f)(3)(i) is made.

Subpart JJJ--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins

    29. Section 63.1310 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b);
    c. Revising paragraph (c);
    d. Revising paragraph (e);
    e. Revising paragraph (f);
    f. Revising paragraph (g) introductory text;
    g. Revising paragraphs (g)(1) through (g)(4);
    h. Revising paragraphs (g)(6) through (g)(8);
    i. Revising paragraph (h);
    j. Revising paragraph (i) introductory text;
    k. Revising paragraph (i)(1) introductory text;
    l. Revising paragraphs (i)(1)(i) and (i)(1)(ii);
    m. Revising paragraph (i)(2)(i) introductory text;
    n. Revising paragraph (i)(2)(i)(A);
    o. Revising paragraphs (i)(2)(ii) and (i)(2)(iii);
    p. Revising paragraphs (i)(3) through (i)(5);
    q. Revising paragraph (j);
    r. Adding paragraph (i)(2)(iv); and
    s. Adding paragraph (i)(6).
    The revisions and additions read as follows:


Sec. 63.1310  Applicability and designation of affected sources.

    (a) Definition of affected source. The provisions of this subpart 
apply to each affected source. Affected sources are described in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) An affected source is either an existing affected source or a 
new affected source. Existing affected source is defined in paragraph 
(a)(2) of this section, and new affected source is defined in paragraph 
(a)(3) of this section.
    (2) An existing affected source is defined as each group of one or 
more thermoplastic product process units (TPPU) and associated 
equipment, as listed in paragraph (a)(4) of this section that is not 
part of a new affected source, as defined in paragraph (a)(3) of this 
section, that is manufacturing the same primary product, and that is 
located at a plant site that is a major source.
    (3) A new affected source is defined by the criteria in paragraph 
(a)(3)(i), (a)(3)(ii), or (a)( 3)(iii) of this section. The situation 
described in paragraph (a)(3)(i) of this section is distinct from those 
situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this 
section and from any situation described in paragraph (i) of this 
section.
    (i) At a site without HAP emission points before March 29, 1995 
(i.e., a ``greenfield'' site), each group of one or more TPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, 
that is manufacturing the same primary product and that is part of a 
major source on which construction commenced after March 29, 1995;
    (ii) A group of one or more TPPU meeting the criteria in paragraph 
(i)(1)(i) of this section; or
    (iii) A reconstructed affected source meeting the criteria in 
paragraph (i)(2)(i) of this section.
    (4) Emission points and equipment. The affected source also 
includes the emission points and equipment specified in paragraphs 
(a)(4)(i) through (a)(4)(vi) of this section that are associated with 
each applicable group of one or more TPPU constituting an affected 
source.
    (i) Each waste management unit.
    (ii) Maintenance wastewater.
    (iii) Each heat exchange system.
    (iv) Each process contact cooling tower used in the manufacture of 
PET that is associated with a new affected source.
    (v) Each process contact cooling tower used in the manufacture of 
PET using a continuous terephthalic acid high viscosity multiple end 
finisher process that is associated with an existing affected source.
    (vi) Equipment required by, or utilized as a method of compliance 
with, this subpart which may include control devices and recovery 
devices.
    (5) TPPUs and associated equipment, as listed in paragraph (a)(4) 
of this section, that are located at plant sites that are not major 
sources are neither affected sources nor part of an affected source.
    (b) TPPUs without organic HAP. The owner or operator of a TPPU that 
is part of an affected source, as defined in paragraph (a) of this 
section, but that does not use or manufacture any organic HAP shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section. Such a TPPU is not subject to any other provisions of 
this subpart and is not required to comply with the provisions of 
subpart A of this part.
    (1) Retain information, data, and analyses used to document the 
basis for the determination that the TPPU does not use or manufacture 
any organic HAP. Types of information that could document this 
determination include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.
    (2) When requested by the Administrator, demonstrate that the TPPU 
does not use or manufacture any organic HAP.

[[Page 38095]]

    (c) Emission points not subject to the provisions of this subpart. 
The affected source includes the emission points listed in paragraphs 
(c)(1) through (c)(9) of this section, but these emission points are 
not subject to the requirements of this subpart or to the provisions of 
subpart A of this part.
    (1) Equipment that does not contain organic HAP and is located 
within a TPPU that is part of an affected source;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels and equipment storing and/or handling material that 
contain no organic HAP and/or organic HAP as impurities only; and
    (9) Equipment that is intended to operate in organic HAP service 
for less than 300 hours during the calendar year.
* * * * *
    (e) Applicability determination of nonthermoplastic equipment 
included within the boundaries of a TPPU. If a polymer that is not a 
thermoplastic product is produced within the equipment (i.e., 
collocated) making up a TPPU and at least 50 percent of that polymer is 
used in the production of a thermoplastic product manufactured by the 
same TPPU, then the unit operations involved in the production of that 
polymer are considered part of the TPPU and are subject to this 
subpart, with the following exception. Any emission points from such 
unit operations that are subject to another subpart of this part with 
an effective date prior to September 5, 1996 shall remain subject to 
that other subpart of this part and are not subject to this subpart.
    (f) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce a 
thermoplastic product shall determine if the process unit is subject to 
this subpart in accordance with this paragraph. The owner or operator 
shall initially determine whether a process unit is designated as a 
TPPU and subject to the provisions of this subpart in accordance with 
either paragraph (f)(1) or (f)(2) of this section. The owner or 
operator of a flexible operation unit that was not initially designated 
as a TPPU, but in which a thermoplastic product is produced, shall 
conduct an annual re-determination of the applicability of this subpart 
in accordance with paragraph (f)(3) of this section. Owners or 
operators that anticipate the production of a thermoplastic product in 
a process unit that was not initially designated as a TPPU, and in 
which no thermoplastic products are currently produced, shall determine 
if the process unit is subject to this subpart in accordance with 
paragraph (f)(4) of this section. Paragraphs (f)(3) and (f)(5) through 
(f)(7) of this section discuss compliance only for flexible operation 
units. Other paragraphs apply to all process units, including flexible 
operation units, unless otherwise noted. Paragraph (f)(8) of this 
section contains reporting requirements associated with the 
applicability determinations. Paragraphs (f)(9) and (f)(10) of this 
section describe criteria for removing the TPPU designation from a 
process unit.
    (1) Initial determination. The owner or operator shall initially 
determine if a process unit is subject to the provisions of this 
subpart based on the primary product of the process unit in accordance 
with paragraphs (f)(1)(i) through (iii) of this section. If the process 
unit never uses or manufactures any organic HAP, regardless of the 
outcome of the primary product determination, the only requirements of 
this subpart that might apply to the process unit are contained in 
paragraph (b) of this section. If a flexible operation unit does not 
use or manufacture any organic HAP during the manufacture of one or 
more products, paragraph (f)(5)(i) of this section applies to that 
flexible operation unit.
    (i) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (ii) If a process unit produces more than one intended product at 
the same time, the primary product shall be determined in accordance 
with paragraph (f)(1)(ii)(A) or (B) of this section.
    (A) The product for which the process unit has the greatest annual 
design capacity on a mass basis shall represent the primary product of 
the process unit, or
    (B) If a process unit has the same maximum annual design capacity 
on a mass basis for two or more products, and if one of those products 
is a thermoplastic product, then the thermoplastic product shall 
represent the primary product of the process unit.
    (iii) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(1)(iii)(A) or (B) of this section based on the 
anticipated operations for the 5 years following September 12, 1996 at 
existing process units, or for the first year after the process unit 
begins production of any product for new process units. If operations 
cannot be anticipated sufficiently to allow the determination of the 
primary product for the specified period, applicability shall be 
determined (in accordance with paragraph (f)(2) of this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified 5 year period for 
existing process units, or the specified 1 year period for new process 
units, then that product shall represent the primary product of the 
flexible operation unit.
    (B) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest expected production on a mass basis over the specified 5 year 
period for existing process units, or the specified 1 year period for 
new process units shall represent the primary product of the flexible 
operation unit.
    (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is a thermoplastic 
product, then that process unit shall be designated as a TPPU. That 
TPPU and associated equipment, as listed in paragraph (a)(4) of this 
section is either an affected source or part of an affected source 
comprised of other TPPU and associated equipment, as listed in 
paragraph (a)(4) of this section, subject to this subpart with the same 
primary product at the same plant site that is a major source. If the 
primary product of a process unit is determined to be a product that is 
not a thermoplastic product, then that process unit is not a TPPU.
    (2) If the primary product cannot be determined for a flexible 
operation unit in accordance with paragraph (f)(1)(iii) of this 
section, applicability shall be determined in accordance with this 
paragraph.
    (i) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, but can 
determine that a thermoplastic product is not the primary product, then 
that flexible operation unit is not a TPPU.
    (ii) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, and cannot 
determine that a thermoplastic product is not the primary product as 
specified in paragraph (f)(2)(i) of this section, applicability shall 
be determined in accordance with paragraph (f)(2)(ii)(A) or 
(f)(2)(ii)(B) of this section.

[[Page 38096]]

    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as a TPPU if a 
thermoplastic product was produced for 5 percent or greater of the 
total operating time of the flexible operating unit since March 9, 
1999. That TPPU and associated equipment, as listed in paragraph (a)(4) 
of this section, is either an affected source, or part of an affected 
source comprised of other TPPU and associated equipment, as listed in 
paragraph (a)(4) of this section, subject to this subpart with the same 
primary product at the same plant site that is a major source. For a 
flexible operation unit that is designated as an TPPU in accordance 
with this paragraph, the thermoplastic product produced for the 
greatest amount of time since March 9, 1999 shall be designated as the 
primary product of the TPPU.
    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as a TPPU if the owner or 
operator anticipates that a thermoplastic product will be manufactured 
in the flexible operation unit at any time in the first year after the 
date the unit begins production of any product. That TPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other TPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. For a process unit that is 
designated as a TPPU in accordance with this paragraph, the 
thermoplastic product that will be produced shall be designated as the 
primary product of the TPPU. If more than one thermoplastic product 
will be produced, the owner or operator may select which thermoplastic 
product is designated as the primary product.
    (3) Annual applicability determination for non-TPPUs that have 
produced a thermoplastic product. Once per year beginning September 12, 
2001, the owner or operator of each flexible operation unit that is not 
designated as a TPPU, but that has produced a thermoplastic product 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 (f)(3)(i) through (f)(3)(iii) of 
this section. However, an owner or operator that does not intend to 
produce any thermoplastic product in the future, in accordance with 
paragraph (f)(9) of this section, is not required to perform the 
evaluation described in paragraphs (f)(3)(i) through (f)(3)(iii) of 
this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating 
time over which the product was produced during the preceding 5-year 
period.
    (ii) The owner or operator shall identify the primary product as 
the product with the highest percentage of total operating time for the 
preceding 5-year period.
    (iii) If the primary product identified in paragraph (f)(3)(ii) is 
a thermoplastic product, the flexible operation unit shall be 
designated as a TPPU. The owner or operator shall notify the 
Administrator no later than 45 days after determining that the flexible 
operation unit is a TPPU, and shall comply with the requirements of 
this subpart in accordance with paragraph (i)(1) of this section for 
the flexible operation unit.
    (4) Applicability determination for non-TPPUs that have not 
produced a thermoplastic product. The owner or operator that 
anticipates the production of a thermoplastic product in a process unit 
that is not designated as a TPPU, and in which no thermoplastic 
products have been produced in the previous 5-year period or since the 
date that the process unit began production of any product, whichever 
is shorter, shall determine if the process unit is subject to this 
subpart in accordance with paragraphs (f)(4)(i) and (ii) of this 
section. Also, owners or operators who have notified the Administrator 
that a process unit is not a TPPU in accordance with paragraph (f)(9) 
of this section, that now anticipate the production of a thermoplastic 
product in the process unit, shall determine if the process unit is 
subject to this subpart in accordance with paragraphs (f)(4)(i) and 
(ii) of this section.
    (i) The owner or operator shall use the procedures in paragraph 
(f)(1) or (f)(2) of this section to determine if the process unit is 
designated as a TPPU, with the following exception: For existing 
process units that are determining the primary product in accordance 
with paragraph (f)(1)(iii) of this section, production shall be 
projected for the five years following the date that the owner or 
operator anticipates initiating the production of a thermoplastic 
product.
    (ii) If the unit is designated as a TPPU in accordance with 
paragraph (f)(4)(i) of this section, the owner or operator shall comply 
in accordance with paragraph (i)(1) of this section.
    (5) Compliance for flexible operation units. Owners or operators of 
TPPUs that are flexible operation units shall comply with the standards 
specified for the primary product, with the exceptions provided in 
paragraphs (f)(5)(i) and (f)(5)(ii) of this section.
    (i) Whenever a flexible operation unit manufactures a product in 
which no organic HAP is used or manufactured, the owner or operator is 
only required to comply with either paragraph (b)(1) or (b)(2) of this 
section to demonstrate compliance for activities associated with the 
manufacture of that product. This subpart does not require compliance 
with the provisions of subpart A of this part for activities associated 
with the manufacture of a product that meets the criteria of paragraph 
(b) of this section.
    (ii) Whenever a flexible operation unit manufactures a product that 
makes it subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during the 
production of that product.
    (6) Owners or operators of TPPUs that are flexible operation units 
have the option of determining the group status of each emission point 
associated with the flexible operation unit, in accordance with either 
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception 
of batch process vents. For batch process vents, the owner or operator 
shall determine the group status in accordance with Sec. 63.1323.
    (i) The owner or operator may determine the group status of each 
emission point based on emission point characteristics when the primary 
product is being manufactured. The criteria that shall be used for this 
group determination are the Group 1 criteria specified for the primary 
product.
    (ii) The owner or operator may determine the group status of each 
emission point separately for each product produced by the flexible 
operation unit. For each product, the group status shall be determined 
using the emission point characteristics when that product is being 
manufactured and using the Group 1 criteria specified for the primary 
product. (Note: Under this scenario, it is possible that the group 
status, and therefore the requirement to achieve emission reductions, 
for an emission point may change depending on the product being 
manufactured.)
    (7) Owners or operators determining the group status of emission 
points in flexible operation units based solely on the primary product 
in accordance with paragraph (f)(6)(i) of this section shall establish 
parameter monitoring levels, as required, in accordance with either 
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators 
determining the group status of

[[Page 38097]]

emission points in flexible operation units based on each product in 
accordance with paragraph (f)(6)(ii) of this section shall establish 
parameter monitoring levels, as required, in accordance with paragraph 
(f)(7)(i) of this section.
    (i) Establish separate parameter monitoring levels in accordance 
with Sec. 63.1334(a) for each individual product.
    (ii) Establish a single parameter monitoring level (for each 
parameter required to be monitored at each device subject to monitoring 
requirements) in accordance with Sec. 63.1334(a) that would apply for 
all products.
    (8) Reporting requirements. When it is determined that a process 
unit is a TPPU and subject to the requirements of this subpart, the 
Notification of Compliance Status required by Sec. 63.1335(e)(5) shall 
include the information specified in paragraphs (f)(8)(i) and 
(f)(8)(ii) of this section, as applicable. If it is determined that the 
process unit is not subject to this subpart, the owner or operator 
shall either retain all information, data, and analysis used to 
document the basis for the determination that the primary product is 
not a thermoplastic product, or, when requested by the Administrator, 
demonstrate that the process unit is not subject to this subpart.
    (i) If the TPPU manufactures only one thermoplastic product, 
identification of that thermoplastic product.
    (ii) If the TPPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(8)(ii)(A) through 
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
    (A) If a primary product could be determined, identification of the 
primary product.
    (B) Identification of which compliance option, either paragraph 
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner 
or operator.
    (C) If the option to establish separate parameter monitoring levels 
for each product in paragraph (f)(7)(i) of this section is selected, 
the identification of each product and the corresponding parameter 
monitoring level.
    (D) If the option to establish a single parameter monitor level in 
paragraph (f)(7)(ii) of this section is selected, the parameter 
monitoring level for each parameter.
    (9) TPPUs terminating production of all thermoplastic products. If 
a TPPU terminates the production of all thermoplastic products and does 
not anticipate the production of any thermoplastic products in the 
future, the process unit is no longer a TPPU 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 thermoplastic products will be produced in the 
process unit in the future.
    (10) Redetermination of applicability to TPPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of a TPPU that is 
operating as a flexible operation unit from a thermoplastic product to 
a product that would make the process unit subject to another subpart 
of this part, the owner or operator shall re-evaluate the status of the 
process unit as a TPPU in accordance with paragraphs (f)(10)(i) through 
(iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating 
time in which the product was produced for the preceding five-year 
period, or since the date that the process unit began production of any 
product, whichever is shorter.
    (ii) The owner or operator shall identify the primary product as 
the product with the highest percentage of total operating time for the 
period.
    (iii) If the conditions in (f)(10)(iii)(A) through (C) of this 
section are met, the flexible operation unit shall no longer be 
designated as a TPPU and shall no longer be subject to the provisions 
of this subpart after the date that the process unit is required to be 
in compliance with the provisions of the other subpart of this part to 
which it is subject. If the conditions in paragraphs (f)(10)(iii)(A) 
through (C) of this section are not met, the flexible operation unit 
shall continue to be considered a TPPU and subject to the requirements 
of this subpart.
    (A) The product identified in (f)(10)(ii) of this section is not a 
thermoplastic product; and
    (B) The production of the product identified in (f)(10)(ii) of this 
section is subject to another subpart of this part; and
    (C) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(7) of this section to determine to which process unit a storage 
vessel shall be assigned. Paragraph (g)(8) of this section specifies 
when an owner or operator is required to redetermine to which process 
unit a storage vessel is assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 12, 1996, said storage vessel shall be 
assigned to the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., said process unit has the 
predominant use of the storage vessel).
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is a TPPU subject to this subpart, the storage vessel shall be 
assigned to said TPPU.
* * * * *
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 12, 1996 or based on 
the expected utilization for the 5 years following September 12, 1996 
for existing affected sources, whichever is more representative of the 
expected operations for said storage vessel, and based on the expected 
utilization for the first 5 years after initial start-up for new 
affected sources. The determination of predominant use shall be 
reported in the Notification of Compliance Status, as required by 
Sec. 63.1335(e)(5)(vi).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or 
receive materials from the storage vessel, but the storage vessel is 
located in a tank farm (including a marine tank farm), the 
applicability of this subpart shall be determined according to the 
provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping both to the process unit and to the 
storage vessel in the tank farm so that product or raw material 
entering or leaving the process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) 
the storage vessel in the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of

[[Page 38098]]

paragraph (g)(7)(i) of this section with respect to a storage vessel, 
this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(7)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit.
    (iv) If there are two or more process units at the major source 
that meet the criteria of paragraph (g)(7)(i) of this section with 
respect to a storage vessel, the storage vessel shall be assigned to 
one of those process units according to the provisions of paragraphs 
(g)(3) through (g)(6) of this section. The predominant use shall be 
determined among only those process units that meet the criteria of 
paragraph (g)(7)(i) of this section.
    (8) If the storage vessel begins receiving material from (or 
sending material to) a process unit that was not included in the 
initial determination, or ceases to receive material from (or send 
material to) a process unit, the owner or operator shall re-evaluate 
the applicability of this subpart to the storage vessel.
    (h) Recovery operations equipment ownership determination. The 
owner or operator shall follow the procedures specified in paragraphs 
(h)(1) through (h)(6) of this section to determine to which process 
unit recovery operations equipment shall be assigned. Paragraph (h)(7) 
of this section specifies when an owner or operator is required to 
redetermine to which process unit the recovery operations equipment is 
assigned.
    (1) If recovery operations equipment is already subject to another 
subpart of 40 CFR part 63 on September 12, 1996, said recovery 
operations equipment shall be assigned to the process unit subject to 
the other subpart.
    (2) If recovery operations equipment is dedicated to a single 
process unit, the recovery operations equipment shall be assigned to 
that process unit.
    (3) If recovery operations equipment is shared among process units, 
then the recovery operations equipment shall be assigned to that 
process unit located on the same plant site as the recovery operations 
equipment that has the greatest input into or output from the recovery 
operations equipment (i.e., said process unit has the predominant use 
of the recovery operations equipment).
    (4) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if one of those 
process units is a TPPU subject to this subpart, the recovery 
operations equipment shall be assigned to said TPPU.
    (5) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if more than one of 
the process units are TPPUs that have different primary products and 
that are subject to this subpart, then the owner or operator shall 
assign the recovery operations equipment to any one of said TPPUs.
    (6) If the predominant use of recovery operations equipment varies 
from year to year, then predominant use shall be determined based on 
the utilization that occurred during the year preceding September 12, 
1996 or based on the expected utilization for the 5 years following 
September 12, 1996 for existing affected sources, whichever is the more 
representative of the expected operations for said recovery operations 
equipment, and based on the first 5 years after initial start-up for 
new affected sources. The determination of predominant use shall be 
reported in the Notification of Compliance Status, as required by 
Sec. 63.1335(e)(5)(vii).
    (7) If a piece of recovery operations equipment begins receiving 
material from a process unit that was not included in the initial 
determination, or ceases to receive material from a process unit that 
was included in the initial determination, the owner or operator shall 
reevaluate the applicability of this subpart to that recovery 
operations equipment.
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(4) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(5) of this section provides examples of what are and are 
not considered process changes for purposes of this paragraph (i) of 
this section. Paragraph (i)(6) of this section discusses reporting 
requirements.
    (1) Adding a TPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators 
that add one or more TPPUs to a plant site.
    (i) If a group of one or more TPPUs that produce the same primary 
product is added to a plant site, the added group of one or more TPPUs 
and 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 19, 2000, whichever is later, as provided in 
Sec. 63.6(b), except that new affected sources whose primary product, 
as determined using the procedures specified in paragraph (f) of this 
section, is poly(ethylene terephthalate) (PET) shall be in compliance 
with Sec. 63.1331 upon initial start-up or February 27, 2001, whichever 
is later, if the added group of one or more TPPUs meets the criteria in 
either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section, and the 
criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this 
section are met.
    (A) The construction of the group of one or more TPPUs commenced 
after March 29, 1995.
    (B) The construction or reconstruction, for process units that have 
become TPPUs, commenced after March 29, 1995.
    (C) The group of one or more TPPUs and associated equipment, as 
listed in paragraph (a)(4) of this section, has the potential to emit 
10 tons per year or more of any HAP or 25 tons per year or more of any 
combination of HAP, and the primary product of the group of one or more 
TPPUs is currently produced at the plant site as the primary product of 
an affected source; or
    (D) The primary product of the group of one or more TPPUs is not 
currently produced at the plant site as the primary product of an 
affected source and the plant site meets, or after the addition of the 
group of one or more TPPUs and associated equipment, as listed in 
paragraph (a)(4) of this section, will meet the definition of a major 
source.
    (ii) If a group of one or more TPPUs that produce the same primary 
product is added to a plant site, and the group of one or more TPPUs 
does not meet the criteria specified in paragraph (i)(1)(i) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the group of one or more TPPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, 
shall comply with the requirements for an existing affected source in 
this subpart upon initial start-up; by June 19, 2001; or by 6 months 
after notifying the Administrator that a process unit has been 
designated as a TPPU (in accordance with paragraph (f)(3)(iii) of this 
section), whichever is later.
    (2) * * *
    (i) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(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 19, 2000, 
whichever is later, as provided in Sec. 63.6(b), except that new 
affected sources whose primary product is poly(ethylene terephthalate) 
(PET) shall be in compliance with Sec. 63.1331 upon initial

[[Page 38099]]

start-up or by February 27, 2001, whichever is later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec. 63.1312(b); and
* * * * *
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(B) of this section are not met, and that replacement of 
components 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, equipment leak 
components subject to Sec. 63.1331, continuous process vents subject to 
Secs. 63.1316 through 63.1320, heat exchange systems subject to 
Sec. 63.1328, and process contact cooling towers subject to 
Sec. 63.1329), the resulting emission point(s) shall be subject to the 
applicable requirements for an existing affected source. The resulting 
emission points shall be in compliance by 120 days after the date of 
initial start-up or by the appropriate compliance date specified in 
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak 
components subject to Sec. 63.1331, June 19, 2001 for most emission 
points other than equipment leaks, and February 27, 2001 for process 
contact cooling towers at sources that produce PET as the primary 
product), whichever is later.
    (iii) If an addition or process change (not including a process 
change that solely replaces components) is made to an existing affected 
source 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, equipment leak 
components subject to Sec. 63.1331, continuous process vents subject to 
Secs. 63.1316 through 63.1320, heat exchange systems subject to 
Sec. 63.1328, and process contact cooling towers subject to 
Sec. 63.1329), 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 120 days after the date of 
initial start-up or by the appropriate compliance date specified in 
Sec. 63.1311 (i.e., February 27, 1998 for most equipment leak 
components subject to Sec. 63.1331, June 19, 2001 for most emission 
points other than equipment leaks, and February 27, 2001 for process 
contact cooling towers at sources that produce PET as their primary 
product), whichever is later.
    (iv) If any process change (not including a process change that 
solely replaces components) is made to an existing affected source that 
results in baseline emissions (i.e., emissions prior to applying 
controls for purposes of complying with this subpart) from continuous 
process vents in the collection of material recovery sections within 
the affected source at an existing affected source producing PET using 
a continuous dimethyl terephthalate process changing from less than or 
equal to 0.12 kg organic HAP per Mg of product to greater than 0.12 kg 
organic HAP per Mg of product, the continuous process vents shall be 
subject to the applicable requirements for an existing affected source. 
The resulting emission point(s) shall be in compliance by 120 days 
after the date of initial start-up or by June 19, 2001, whichever is 
later.
    (3) Existing affected source requirements for surge control vessels 
and bottoms receivers that become subject to subpart H requirements. If 
a process change or addition of an emission point causes a surge 
control vessel or bottoms receiver to become subject to Sec. 63.170 
under this paragraph (i), the owner or operator shall be in compliance 
upon initial start-up or by June 19, 2001, whichever is later.
    (4) Existing affected source requirements for compressors that 
become subject to the requirements of subpart H of this part. If a 
process change or the addition of an emission point causes a compressor 
to become subject to Sec. 63.164 under this paragraph (i), the owner or 
operator shall be in compliance upon initial start-up or by the 
compliance date for that compressor as specified in Sec. 63.1311(d)(1) 
through (d)(4), whichever is later.
    (5) Determining what are and are not process changes. For purposes 
of paragraph (i) of this section, examples of process changes include, 
but are not limited to, changes in feedstock type, or process catalyst 
type, or the replacement, removal, or addition of recovery equipment, 
or equipment changes that increase production capacity. For purposes of 
paragraph (i) 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.
    (6) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. Owners or operators that 
change or add to their plant site or affected source, as discussed in 
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as 
specified in Sec. 63.1335(e)(7)(iv).
    (j) Applicability of this subpart during periods of start-up, 
shutdown, malfunction, or non-operation. Paragraphs (j)(1) through 
(j)(4) of this section shall be followed during periods of start-up, 
shutdown, malfunction, or non-operation of the affected source or any 
part thereof.
    (1) The emission limitations set forth in this subpart and the 
emission limitations referred to in this subpart shall apply at all 
times except during periods of non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. The emission limitations of this subpart 
and the emission limitations referred to in this subpart shall not 
apply during periods of start-up, shutdown, or malfunction, except as 
provided in paragraphs (j)(3) and (j)(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. 63.1335(b)(1). However, if a start-
up, shutdown, malfunction, or period of non-operation of one portion of 
an affected source does not affect the ability of a particular emission 
point to comply with the emission limitations to which it is subject, 
then that emission point shall still be required to comply with the 
applicable emission limitations of this subpart during the start-up, 
shutdown, malfunction, or period of non-operation. For example, if 
there is an overpressure in the reactor area, a storage vessel that is 
part of the affected source would still be required to be controlled in 
accordance with the emission limitations in Sec. 63.1314.
    Similarly, the degassing of a storage vessel would not affect the 
ability of a batch process vent to meet the emission limitations of 
Secs. 63.1321 through 63.1327.
    (2) The emission limitations set forth in subpart H of this part, 
as referred to in Sec. 63.1331, shall apply at all times except during 
periods of non-operation of the affected source (or specific portion 
thereof) in which the lines are drained and depressurized resulting in 
cessation of the emissions to which Sec. 63.1331 applies, or during 
periods of start-up, shutdown, malfunction, or process unit shutdown 
(as defined in Sec. 63.161).
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
periods of start-up, shutdown, or malfunction during times when 
emissions (or, where applicable,

[[Page 38100]]

wastewater streams or residuals) are being routed to such items of 
equipment, if the shutdown would contravene requirements of this 
subpart applicable to such items of equipment. This paragraph (j)(3) 
does not apply if the item of equipment is malfunctioning. This 
paragraph also does not apply if the owner or operator shuts down the 
compliance equipment (other than monitoring systems) to avoid damage 
due to a contemporaneous start-up, shutdown, or malfunction of the 
affected source or portion thereof. If the owner or operator has reason 
to believe that monitoring equipment would be damaged due to a 
contemporaneous start-up, shutdown, or malfunction of the affected 
source or portion thereof, the owner or operator shall provide 
documentation supporting such a claim in the Precompliance Report or in 
a supplement to the Precompliance Report, as provided in 
Sec. 63.1335(e)(3). Once approved by the Administrator in accordance 
with Sec. 63.1335(e)(3)(viii), the provision for ceasing to collect, 
during a start-up, shutdown, or malfunction, monitoring data that would 
otherwise be required by the provisions of this subpart must be 
incorporated into the start-up, shutdown, malfunction plan for that 
affected source, as stated in Sec. 63.1335(b)(1).
    (4) During start-ups, shutdowns, and malfunctions when the emission 
limitations of this subpart do not apply pursuant to paragraphs (j)(1) 
through (j)(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. Back-up control devices are 
not required, but may be used if available.

    30. Section 63.1311 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a);
    c. Revising paragraph (b);
    d. Revising paragraph (c);
    e. Revising paragraph (d) introductory text;
    f. Revising paragraph (d)(1) introductory text;
    g. Revising paragraphs (d)(2) and (d)(3);
    h. Revising paragraphs (d)(5) and (d)(6);
    i. Revising paragraph (e) introductory text;
    j. Revising paragraph (h);
    k. Revising paragraph (i)(1);
    l. Revising paragraph (j);
    m. Revising paragraph (l);
    n. Revising paragraph (m);
    o. Adding paragraph (e)(3);
    p. Adding paragraph (i)(3);
    q. Adding paragraph (n); and
    r. Adding paragraph (o).
    The revisions and additions read as follows:


Sec. 63.1311  Compliance dates and relationship of this subpart to 
existing applicable rules.

    (a) Affected sources are required to achieve compliance on or 
before the dates specified in paragraphs (b) through (d) of this 
section. Paragraph (e) of this section provides information on 
requesting compliance extensions. Paragraphs (f) through (n) of this 
section discuss the relationship of this subpart to subpart A of this 
part and to other applicable rules. Where an override of another 
authority of the Act is indicated in this subpart, only compliance with 
the provisions of this subpart is required. Paragraph (o) of this 
section specifies the meaning of time periods.
    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995 shall be in compliance with this 
subpart upon initial start-up or by June 19, 2000, whichever is later, 
except that new affected sources whose primary product, as determined 
using the procedures specified in Sec. 63.1310(f), is poly(ethylene 
terephthalate) (PET) shall be in compliance with Sec. 63.1331 upon 
initial start-up or February 27, 2001, whichever is later.
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.1331 for which compliance is covered by 
paragraph (d) of this section) no later than June 19, 2001, as provided 
in Sec. 63.6(c), unless an extension has been granted as specified in 
paragraph (e) of this section, except that the compliance date for the 
provisions contained in Sec. 63.1329 is temporarily extended to 
February 27, 2001, for existing affected sources whose primary product, 
as determined using the procedures specified in 63.1310(f), is PET 
using a continuous terephthalic acid high viscosity multiple end 
finisher process.
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.1331 no later than June 19, 2001, unless an extension has been 
granted pursuant to paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than February 27, 1998, for any compressor meeting one 
or more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of 
this section, if the work can be accomplished without a process unit 
shutdown:
* * * * *
    (2) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than March 12, 1998 for any compressor meeting all the 
criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section:
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown ;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; 
and
    (iv) The owner or operator submits the request for a compliance 
extension to the appropriate Environmental Protection Agency (EPA) 
Regional Office at the address listed in Sec. 63.13 no later than June 
16, 1997. The request for a compliance extension shall contain the 
information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D). Unless 
the EPA Regional Office objects to the request for a compliance 
extension within 30 days after receipt of the request, the request 
shall be deemed approved.
    (3) If compliance with the compressor provisions of Sec. 63.164 
cannot reasonably be achieved without a process unit shutdown, the 
owner or operator shall achieve compliance no later than September 12, 
1998. The owner or operator who elects to use this provision shall 
submit a request for a compliance extension in accordance with the 
requirements of paragraph (d)(2)(iv) of this section.
* * * * *
    (5) Compliance with the provisions of Sec. 63.170 shall occur no 
later than June 19, 2001.
    (6) Notwithstanding paragraphs (d)(1) through (d)(4) of this 
section, existing affected sources whose primary product, as determined 
using the procedures specified in Sec. 63.1310(f), is PET shall be in 
compliance with Sec. 63.1331 no later than February 27, 2001.
    (e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the

[[Page 38101]]

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, except as provided 
in paragraph (e)(3) of this section. The dates specified in 
Sec. 63.6(i) for submittal of requests for extensions shall not apply 
to this subpart.
* * * * *
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided 
that the need for the compliance extension arose after that date, and 
the need arose due to circumstances beyond reasonable control of the 
owner or operator. This request shall include, in addition to the 
information specified in paragraph (e)(1) of this section, a statement 
of the reasons additional time is needed and the date when the owner or 
operator first learned of the circumstances necessitating a request for 
compliance extension under this paragraph (e)(3).
* * * * *
    (h) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
and that is also subject to the provisions of 40 CFR part 60, subpart 
Kb, is required to comply only with the provisions of this subpart. 
After the compliance dates specified in this section, said storage 
vessel shall no longer be subject to 40 CFR part 60, subpart Kb.
    (i)(1) Except as provided in paragraphs (i)(2) and (i)(3) of this 
section, after the compliance dates specified in this section, affected 
sources producing PET using a continuous terephthalic acid process, 
producing PET using a continuous dimethyl terephthalate process, or 
producing polystyrene resin using a continuous process subject to this 
subpart that are also subject to the provisions of 40 CFR part 60, 
subpart DDD, are required to comply only with the provisions of this 
subpart. After the compliance dates specified in this section, said 
sources shall no longer be subject to 40 CFR part 60, subpart DDD.
* * * * *
    (3) Existing affected sources producing PET using a continuous 
terephthalic acid process, but not using a continuous terephthalic acid 
high viscosity multiple end finisher process, that are subject to and 
complying with 40 CFR 60.562-1(c)(2)(ii)(B) shall continue to comply 
with said section. Existing affected sources producing PET using a 
continuous dimethyl terephthalic process that are subject to and 
complying with 40 CFR 60.562-1(c)(1)(ii)(B) shall continue to comply 
with said section.
    (j) Owners or operators of affected sources subject to this subpart 
that are also subject to the provisions of subpart Q of this part shall 
comply with both subparts.
* * * * *
    (l) After the compliance dates specified in this section, a 
distillation operation that is assigned to an affected source subject 
to this subpart that is also subject to the provisions of 40 CFR part 
60, subpart NNN, is required to comply only with the provisions of this 
subpart. After the compliance dates specified in this section, the 
distillation operation shall no longer be subject to 40 CFR part 60, 
subpart NNN.
    (m) Applicability of other regulations for monitoring, 
recordkeeping or reporting with respect to combustion devices, recovery 
devices, or recapture devices. After the compliance dates specified in 
this subpart, if any combustion device, recovery device or recapture 
device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264 subpart AA 
or CC, or is subject to monitoring and recordkeeping requirements in 40 
CFR part 265 subpart AA or CC and the owner or operator complies with 
the periodic reporting requirements under 40 CFR part 264 subpart AA or 
CC that would apply to the device if the facility had final-permitted 
status, the owner or operator may elect to comply either with the 
monitoring, recordkeeping and reporting requirements of this subpart, 
or with the monitoring, recordkeeping and reporting requirements in 40 
CFR parts 264 and/or 265, as described in this paragraph, which shall 
constitute compliance with the monitoring, recordkeeping and reporting 
requirements of this subpart. The owner or operator shall identify 
which option has been selected in the Notification of Compliance Status 
required by Sec. 63.1335(e)(5).
    (n) Applicability of other requirements for heat exchange systems 
or waste management units. Paragraphs (n)(1) and (n)(2) of this section 
address instances in which certain requirements from other regulations 
also apply for the same heat exchange system(s) or waste management 
unit(s) that are subject to this subpart.
    (1) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraphs (n)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraphs (n)(1)(i) or (ii) of this section shall constitute 
compliance with the applicable provisions of this subpart with respect 
to that heat exchange system.
    (i) Subpart F of this part.
    (ii) A subpart of this part which requires compliance with 
Sec. 63.104 (e.g., subpart U of this part).
    (2) After the applicable compliance date specified in this subpart, 
if any waste management unit subject to this subpart is also subject to 
a standard identified in paragraph (n)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (n)(2)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that 
waste management unit.
    (i) Subpart G of this part.
    (ii) A subpart of this part which requires compliance with 
Secs. 63.132 through 63.147.
    (o) All terms in this subpart that define a period of time for 
completion of required tasks (e.g., weekly, monthly, quarterly, 
annual), unless specified otherwise in the section or paragraph that 
imposes the requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified in this subpart for 
completion of required tasks, such time periods may be changed by 
mutual agreement between the owner or operator and the Administrator, 
as specified in subpart A of this part (e.g., a period could begin on 
the compliance date or another date, rather than on the first day of 
the standard calendar period). For each time period that is changed by 
agreement, the revised period shall remain in effect until it is 
changed. A new request is not necessary for each recurring period.
    (2) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraphs (o)(2)(i) or (o)(2)(ii) of this 
section, as appropriate.
    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed

[[Page 38102]]

weekly, at least 2 weeks for tasks that must be performed monthly, at 
least 1 month for tasks that must be performed each quarter, or at 
least 3 months for tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the 
end of the first full standard calendar period after the period within 
which the initial compliance deadline occurs.
    (3) In all instances where a provision of this subpart requires 
completion of a task during each of multiple successive periods, an 
owner or operator may perform the required task at any time during the 
specified period, provided that the task is conducted at a reasonable 
interval after completion of the task during the previous period.

    31. Section 63.1312 is amended by:
    a. Revising paragraph (a);
    b. Amending paragraph (b) by revising the definitions for 
``Acrylonitrile butadiene styrene latex resin (ABS latex),'' 
``Aggregate batch vent stream,'' ``Batch cycle,'' ``Batch process,'' 
``Batch process vent,'' ``Batch unit operation,'' ``Continuous 
process,'' ``Continuous process vent,'' ``Continuous unit operation,'' 
``Control device,'' ``Emission point,'' ``Emulsion process,'' ``Group 1 
batch process vent,'' ``Heat exchange system,'' ``Maintenance 
wastewater,'' ``Mass process,'' ``Material recovery section,'' 
``Organic hazardous air pollutant(s) (organic HAP),'' ``Polymerization 
reaction section,'' ``Process unit,'' ``Process vent,'' ``Product,'' 
``Raw materials preparation section,'' ``Recovery operations 
equipment,'' ``Steady-state conditions,'' ``Storage vessel,'' 
``Supplemental combustion air,'' ``Suspension process,'' and 
``Thermoplastic product process unit (TPPU),'';
    c. Amending paragraph (b) by removing the definitions of ``Average 
flow rate,'' ``Solid state polymerization unit,'' and ``Year,''; and
    d. Amending paragraph (b) by adding definitions for the terms 
``Annual average batch vent concentration,'' ``Annual average batch 
vent flow rate,'' ``Annual average concentration,'' ``Annual average 
flow rate,'' ``Average batch vent concentration,'' ``Average batch vent 
flow rate,'' ``Batch mass input limitation,'' ``Batch mode,'' 
``Combined vent stream,'' ``Construction,'' ``Continuous mode,'' 
``Continuous record,'' ``Continuous recorder,'' ``Equipment,'' 
``Existing affected source,'' ``Existing process unit,'' ``Flexible 
operation unit,'' ``Group 1 wastewater stream'' ``Group 2 wastewater 
stream,'' ``Highest- HAP recipe,'' ``Initial start-up,'' ``Maximum true 
vapor pressure,'' ``Multicomponent system,'' ``New affected source,'' 
``New process unit,'' ``On-site or On site,'' ``Operating day,'' 
``Recipe,'' ``Reconstruction,'' ``Recovery device,'' ``Residual,'' 
``Shutdown,'' ``Solid state polymerization process,'' ``Start-up,'' 
``Total resource effectiveness index value or TRE index value,'' ``Vent 
stream,'' ``Waste management unit,'' ``Wastewater,'' and ``Wastewater 
stream.''
    The revisions and additions read as follows:


Sec. 63.1312  Definitions.

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

Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
First attempt at repair (Sec. 63.161)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Impurity (Sec. 63.101)
In organic hazardous air pollutant service or in organic HAP service 
(Sec. 63.161)
Incinerator (Sec. 63.111)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)
Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)

    (b) * * *
    Acrylonitrile butadiene styrene latex resin (ABS latex) means ABS 
produced through an emulsion process; however, the product is not 
coagulated or dried as typically occurs in an emulsion process.
* * * * *
    Aggregate batch vent stream means a gaseous emission stream 
containing only the exhausts from two or more batch process vents that 
are ducted, hardpiped, or otherwise connected together for a continuous 
flow .
* * * * *
    Annual average batch vent concentration is determined using 
Equation 1, as described in Sec. 63.1323(h)(2) for halogenated 
compounds.
    Annual average batch vent flow rate is determined by the procedures 
in Sec. 63.1323(e)(3).
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.144(b), with the 
exceptions noted in Sec. 63.1330, for the purposes of this subpart.
    Annual average flow rate, as used in the wastewater provisions, 
means the

[[Page 38103]]

annual average flow rate, as determined according to the procedures 
specified in Sec. 63.144(c), with the exceptions noted in Sec. 63.1330, 
for the purposes of this subpart.
    Average batch vent concentration is determined by the procedures in 
Sec. 63.1323(b)(5)(iii) for HAP concentrations and is determined by the 
procedures in Sec. 63.1323(h)(1)(iii) for organic compounds containing 
halogens and hydrogen halides.
    Average batch vent flow rate is determined by the procedures in 
Sec. 63.1323(e)(1) and (e)(2).
* * * * *
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
* * * * *
    Batch mass input limitation means an enforceable restriction on the 
total mass of HAP or material that can be input to a batch unit 
operation in one year.
    Batch mode means the discontinuous bulk movement of material 
through a unit operation. Mass, temperature, concentration, and other 
properties may vary with time. For a unit operation operated in a batch 
mode (i.e., batch unit operation), the addition of material and 
withdrawal of material do not typically occur simultaneously.
    Batch process means, for the purposes of this subpart, a process 
where the reactor(s) is operated in a batch mode.
    Batch process vent means a process vent with annual organic HAP 
emissions greater than 225 kilograms per year from a batch unit 
operation within an affected source. Annual organic HAP emissions are 
determined as specified in Sec. 63.1323(b) at the location specified in 
Sec. 63.1323(a)(2).
    Batch unit operation means a unit operation operated in a batch 
mode.
    Combined vent stream, as used in reference to batch process vents, 
continuous process vents, and aggregate batch vent streams, means the 
emissions from a combination of two or more of the aforementioned types 
of process vents. The primary occurrence of a combined vent stream is 
the combined emissions from a continuous process vent and a batch 
process vent.
* * * * *
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction also means the on-site 
fabrication, erection, or installation of a process unit or combination 
of process units which subsequently becomes an affected source or part 
of an affected source, due to a change in primary product.
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other properties 
typically approach steady-state conditions. For a unit operation 
operated in a continuous mode (i.e., continuous unit operation), the 
simultaneous addition of raw material and withdrawal of product is 
typical.
    Continuous process means, for the purposes of this subpart, a 
process where the reactor(s) is operated in a continuous mode.
    Continuous process vent means a process vent containing greater 
than 0.005 weight percent total organic HAP from a continuous unit 
operation within an affected source. The total organic HAP weight 
percent is determined after the last recovery device, as described in 
Sec. 63.115(a), and is determined as specified in Sec. 63.115(c).
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.1335(d) or 
Sec. 63.1335(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1-hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device is defined in Sec. 63.111, except that the term 
``continuous process vents subject to Sec. 63.1315'' shall apply 
instead of the term ``process vents,'' for the purpose of this subpart.
* * * * *
    Emission point means an individual continuous process vent, batch 
process vent, storage vessel, waste management unit, equipment leak, 
heat exchange system, or process contact cooling tower, or equipment 
subject to Sec. 63.149.
    Emulsion process means a process where the monomer(s) is dispersed 
in droplets throughout the water phase with the aid of an emulsifying 
agent such as soap or a synthetic emulsifier. The polymerization occurs 
either within the emulsion droplet or in the aqueous phase.
    Equipment means, for the purposes of the provisions in Sec. 63.1331 
and the requirements in subpart H that are referred to in Sec. 63.1331, 
each pump, compressor, agitator, pressure relief device, sampling 
connection system, open-ended valve or line, valve, connector, surge 
control vessel, bottoms receiver, and instrumentation system in organic 
hazardous air pollutant service; and any control devices or systems 
required by subpart H of this part.
    Existing affected source is defined in Sec. 63.1310(a)(3).
    Existing process unit means any process unit that is not a new 
process unit.
* * * * *
    Flexible operation unit means a process unit that manufactures 
different chemical products, polymers, or resins periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Group 1 batch process vent means a batch process vent releasing 
annual organic HAP emissions greater than the level specified in 
Sec. 63.1323(d) and with a cutoff flow rate, calculated in accordance 
with Sec. 63.1323(f), greater than or equal to the annual average batch 
vent flow rate. Annual organic HAP emissions and annual average batch 
vent flow rate are determined at the exit of the batch unit operation, 
as described in Sec. 63.1323(a)(2). Annual organic HAP emissions are 
determined as specified in Sec. 63.1323(b), and annual average batch 
vent flow rate is determined as specified in Sec. 63.1323(e).
* * * * *
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater from an existing or new affected source that meets 
the criteria for Group 1 status in Sec. 63.132(c) and/or that meets the 
criteria for Group 1 status in Sec. 63.132(d), with the exceptions 
listed in Sec. 63.1330(b)(8) for the purposes of this subpart (i.e., 
for organic HAP listed on Table 6 of this subpart only).
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
* * * * *
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water) designed and intended 
to operate to not allow contact between the cooling medium and process 
fluid or gases (i.e., a noncontact system). A heat exchange system can 
include more than one heat exchanger and can include recirculating or 
once-through cooling systems.
    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of HAP charged to the reactor during the 
production of a single batch of product.
    Initial start-up means the first time a new or reconstructed 
affected source begins production of a thermoplastic product, or, for 
equipment added or changed as described in Sec. 63.1310(i), the first 
time the equipment is put into operation to produce a thermoplastic 
product. Initial start-up does not include operation solely for testing 
equipment. Initial start-up does not

[[Page 38104]]

include subsequent start-ups of an affected source or portion thereof 
following malfunctions or shutdowns or following changes in product for 
flexible operation units or following recharging of equipment in batch 
operation. Further, for purposes of Sec. 63.1311 and Sec. 63.1331, 
initial start-up does not include subsequent start-ups of affected 
sources or portions thereof following malfunctions or process unit 
shutdowns.
    Maintenance wastewater is defined in Sec. 63.101, except that the 
term ``thermoplastic product process unit'' shall apply wherever the 
term ``chemical manufacturing process unit'' is used. Further, the 
generation of wastewater from the routine rinsing or washing of 
equipment in batch operation between batches is not maintenance 
wastewater, but is considered to be process wastewater, for the 
purposes of this subpart.
    Mass process means a polymerization process carried out through the 
use of thermal energy. Mass processes do not utilize emulsifying or 
suspending agents, but may utilize catalysts or other additives.
    Material recovery section means, for PET plants, the equipment that 
recovers by-product methanol from any process section for use, reuse, 
or sale, or the equipment that separates materials containing by-
product methanol from any process section for off-site purification or 
treatment with the intent to recover methanol for reuse. For 
polystyrene plants, material recovery section means the equipment that 
recovers unreacted styrene from any process section for use, reuse, or 
sale, or the equipment that separates materials containing unreacted 
styrene from any process section for off-site purification or treatment 
with the intent to recover styrene for reuse. Equipment used to store 
recovered materials (i.e., ethylene glycol, methanol, or styrene) is 
not included. Equipment designed to recover or separate materials from 
the polymer product is to be included in this process section, provided 
that at the time of initial compliance some of the unreacted or by-
product material is recovered for return to the TPPU, or sale, or 
provided that some of the separated material is sent for off-site 
purification or treatment with the intent to recover the unreacted or 
by-product material for reuse. Otherwise, such equipment is to be 
assigned to one of the other process sections, as appropriate. If 
equipment is used to recover unreacted or by-product material and 
return it directly to the same piece of process equipment from which it 
was emitted, then that recovery equipment is considered part of the 
process section that contains the process equipment. On the other hand, 
if equipment is used to recover unreacted or by-product material and 
return it to a different piece of process equipment in the same process 
section, that recovery equipment is considered part of a material 
recovery section. Equipment used for the on-site recovery of ethylene 
glycol from PET plants, however, is not included in the material 
recovery section; such equipment is to be included in the 
polymerization reaction section. Equipment used for the on-site 
recovery of both ethylene glycol and any other materials from PET 
plants is not included in the material recovery section; this equipment 
is to be included in the polymerization reaction section. Such 
equipment includes both contact and non-contact condensers removing 
ethylene glycol from vapor streams coming out of polymerization 
vessels.
    Maximum true vapor pressure is defined in Sec. 63.111, except that 
the terms ``transfer'' or ``transferred'' shall not apply for purposes 
of this subpart.
* * * * *
    Multicomponent system means, as used in conjunction with batch 
process vents, a stream whose liquid and/or vapor contains more than 
one compound.
    New process unit means a process unit for which the construction or 
reconstruction commenced after March 29, 1995.
* * * * *
    On-site or On site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location within a major 
source which encompasses the affected source. On-site includes, but is 
not limited to, storage at the affected source or TPPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec. 63.1335(e)(5). 
The operating day is the period for which daily average monitoring 
values and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 6 of this subpart or any other 
chemical which is:
    (1) Knowingly produced or introduced into the manufacturing process 
other than as an impurity; and
    (2) Listed in Table 2 of subpart F of this part.
* * * * *
    Polymerization reaction section means the equipment designed to 
cause monomer(s) to react to form polymers, including equipment 
designed primarily to cause the formation of short polymer chains 
(e.g., oligomers or low molecular weight polymers), but not including 
equipment designed to prepare raw materials for polymerization (e.g., 
esterification vessels). For the purposes of these standards, the 
polymerization reaction section begins with the equipment used to 
transfer the materials from the raw materials preparation section and 
ends with the last vessel in which polymerization occurs. Equipment 
used for the on-site recovery of ethylene glycol from PET plants is 
included in this process section, rather than in the material recovery 
process section.
* * * * *
    Process unit means a collection of equipment assembled and 
connected by hardpiping or duct work, used to process raw materials and 
to manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
that is discharged to the atmosphere either directly or after passing 
through one or more control, recovery, or recapture devices. Unit 
operations that may have process vents are condensers, distillation 
units, reactors, or other unit operations within the TPPU. Process 
vents exclude pressure releases, gaseous streams routed to a fuel gas 
system(s), and leaks from equipment regulated under Sec. 63.1331. A 
gaseous emission stream is no longer considered to be a process vent 
after the stream has been controlled and monitored in accordance with 
the applicable provisions of this subpart.
    Product means a polymer produced using the same monomers and 
varying in additives (e.g., initiators, terminators, etc.); catalysts; 
or in the relative proportions of monomers, that is manufactured by a 
process unit. With respect to polymers, more than one recipe may be 
used to produce the same product. As an example, styrene acrylonitrile 
resin and methyl methacrylate butadiene styrene resin each represent a 
different product. Product also means a chemical that is not a polymer, 
that is manufactured by a process unit. By-products, isolated 
intermediates, impurities, wastes, and trace contaminants are not 
considered products.
    Raw materials preparation section means the equipment at a polymer

[[Page 38105]]

manufacturing plant designed to prepare raw materials, such as monomers 
and solvents, for polymerization. For the purposes of the standards in 
this subpart, this process section includes the equipment used to 
transfer raw materials from storage and/or the equipment used to 
transfer recovered material from the material recovery process sections 
to the raw material preparation section, and ends with the last piece 
of equipment that prepares the material for polymerization. The raw 
materials preparation section may include equipment that is used to 
purify, dry, or otherwise treat raw materials or raw and recovered 
materials together; to activate catalysts; or to promote esterification 
including the formation of some short polymer chains (oligomers). The 
raw materials preparation section does not include equipment that is 
designed primarily to accomplish the formation of oligomers, the 
treatment of recovered materials alone, or the storage of raw or 
recovered materials.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers 
and, if present, other reactants and additives that are used to make 
the recipe. For example, acrylonitrile butadiene styrene latex resin 
(ABS latex) without additives; ABS latex with an additive; and ABS 
latex with different proportions of acrylonitrile to butadiene are all 
different recipes of the same product, ABS latex.
    Reconstruction means the addition of new components or the 
replacement of existing components at an affected source or at a 
previously unaffected stationary source that becomes an affected source 
as a result of the change, to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable affected new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    Recovery device means:
    (1) An individual unit of equipment capable of and normally used 
for the purpose of recovering chemicals for:
    (i) Use;
    (ii) Reuse;
    (iii) Fuel value (i.e., net heating value); or
    (iv) For sale for use, reuse, or fuel value (i.e., net heating 
value).
    (2) Examples of equipment that may be recovery devices include 
absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For the purposes of the 
monitoring, recordkeeping, or reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Recovery operations equipment means the equipment used to separate 
the components of process streams. Recovery operations equipment 
includes distillation units, condensers, etc. Equipment used for 
wastewater treatment and recovery or recapture devices used as control 
devices shall not be considered recovery operations equipment.
    Residual is defined in Sec. 63.111, except that when the definition 
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed in Table 6 of subpart JJJ'' shall apply for purposes of this 
subpart.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, a TPPU(s) within an affected source, a 
waste management unit or unit operation within an affected source, or 
equipment required or used to comply with this subpart, or the emptying 
or degassing of a storage vessel. For purposes of the wastewater 
provisions of Sec. 63.1330, shutdown does not include the routine 
rinsing or washing of equipment in batch operation between batches. For 
purposes of the batch process vent provisions in Secs. 63.1321 through 
63.1327, the cessation of equipment in batch operation is not a 
shutdown, unless the equipment undergoes maintenance, is replaced, or 
is repaired.
    Solid state polymerization process means a unit operation which, 
through the application of heat, furthers the polymerization (i.e., 
increases the intrinsic viscosity) of polymer chips.
    Start-up means the setting into operation of an affected source, a 
TPPU(s) within an affected source, a waste management unit or unit 
operation within an affected source, or equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For both continuous and batch processes, start-up includes 
initial start-up and operation solely for testing equipment. For both 
continuous and batch processes, start-up does not include the 
recharging of equipment in batch operation. For continuous processes, 
start-up includes transitional conditions due to changes in product for 
flexible operation units. For batch processes, start-up does not 
include transitional conditions due to changes in product for flexible 
operation units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP and/or organic HAP as impurities only;
    (5) Wastewater storage tanks; and
    (6) Surge control vessels and bottoms receivers.
* * * * *
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic 
oxidizers, to include the intermittent addition of air upstream of the 
catalyst bed to maintain a minimum threshold flow rate through the 
catalyst bed or to avoid excessive temperatures in the catalyst bed, is 
not considered to be supplemental combustion air.
    Suspension process means a polymerization process where the 
monomer(s) is in a state of suspension, with the help of suspending 
agents, in a medium other than water (typically an organic solvent). 
The resulting polymers are not soluble in the reactor medium. .
* * * * *
    Thermoplastic product process unit (TPPU) means a collection of 
equipment assembled and connected by hard-piping or ductwork, used to 
process raw materials and to manufacture a thermoplastic product as its 
primary product. This collection of equipment includes unit operations; 
recovery

[[Page 38106]]

operations equipment, process vents; equipment identified in 
Sec. 63.149; storage vessels, as determined in Sec. 63.1310(g); and the 
equipment that is subject to the equipment leak provisions as specified 
in Sec. 63.1331. Utilities, lines and equipment not containing process 
fluids, and other non-process lines, such as heating and cooling 
systems which do not combine their materials with those in the 
processes they serve, are not part of the thermoplastic product process 
unit. A thermoplastic product process unit consists of more than one 
unit operation.
* * * * *
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction organic HAP associated with a continuous process vent stream, 
based on vent stream flow rate, emission rate of organic HAP, net 
heating value, and corrosion properties (whether or not the continuous 
process vent stream contains halogenated compounds), as quantified by 
the equations given under Sec. 63.115.
    Vent stream, as used in reference to batch process vents, 
continuous process vents, and aggregate batch vent streams, means the 
emissions from one or more process vents.
    Waste management unit is defined in Sec. 63.111, except that where 
the definition in Sec. 63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``TPPU'' shall apply for purposes of this 
subpart.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP listed on Table 
6 of this subpart, except for ethylene glycol, of at least 5 parts per 
million by weight and has an annual average flow rate of 0.02 liter per 
minute or greater; or
    (ii) An annual average concentration of organic HAP listed on Table 
6 of this subpart, except for ethylene glycol, of at least 10,000 parts 
per million by weight at any flow rate; and
    (2) Is discarded from a TPPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.
    Wastewater stream means a stream that contains wastewater as 
defined in this section.

    32. Section 63.1313 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(2);
    c. Revising paragraph (b);
    d. Revising paragraph (c); and
    e. Adding paragraph (d).
    The revisions and additions read as follows:


Sec. 63.1313  Emission standards.

    (a) Except as allowed under paragraphs (b) through (d) of this 
section, the owner or operator of an existing or new affected source 
shall comply with the provisions in:
* * * * *
    (2) Section 63.1315, or Secs. 63.1316 through 63.1320, as 
appropriate, for continuous process vents;
* * * * *
    (b) When emissions of different kinds (i.e., emissions from 
continuous process vents subject to either Sec. 63.1315 or 
Secs. 63.1316 through 63.1320, batch process vents, aggregate batch 
vent streams, storage vessels, process wastewater, and/or in-process 
equipment subject to Sec. 63.149) are combined, and at least one of the 
emission streams would be classified as Group 1 in the absence of 
combination with other emission streams, the owner or operator shall 
comply with the requirements of either paragraph (b)(1) or (b)(2) of 
this section, as appropriate. For purposes of this paragraph (b), 
combined emission streams containing one or more batch process vents 
and containing one or more continuous process vents subject to 
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii), 
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1), 
excluding Sec. 63.1316(c)(1)(ii), may comply with either paragraph 
(b)(1) or (b)(2) of this section, as appropriate. For purposes of this 
paragraph (b), the owner or operator of an affected source with 
combined emission streams containing one or more batch process vents 
but not containing one or more continuous process vents subject to 
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii), 
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1), 
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3) of 
this section.
    (1) Comply with the applicable requirements of this subpart for 
each kind of emission in the stream as specified in paragraphs (a)(1) 
through (a)(7) of this section.
    (2) Comply with the first set of requirements, identified in 
paragraphs (b)(2)(i) through (b)(2)(vi) of this section, which applies 
to any individual emission stream that is included in the combined 
stream, where either that emission stream would be classified as Group 
1 in the absence of combination with other emission streams, or the 
owner or operator chooses to consider that emission stream to be Group 
1 for purposes of this paragraph. Compliance with the first applicable 
set of requirements identified in paragraphs (b)(2)(i) through 
(b)(2)(vi) of this section constitutes compliance with all other 
requirements in paragraphs (b)(2)(i) through (b)(2)(vi) of this section 
applicable to other types of emissions in the combined stream.
    (i) The requirements of this subpart for Group 1 continuous process 
vents subject to Sec. 63.1315, including applicable monitoring, 
recordkeeping, and reporting;
    (ii) The requirements of Sec. 63.1316(b)(1)(i)(A), 
Sec. 63.1316(b)(1)(ii), Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), 
or Sec. 63.1316(c)(1), excluding Sec. 63.1316(c)(1)(ii), as 
appropriate, for control of emissions from continuous process vents 
subject to the control requirements of Sec. 63.1316, including 
applicable monitoring, recordkeeping, and reporting requirements;
    (iii) The requirements of Sec. 63.119(e), as specified in 
Sec. 63.1314, for control of emissions from Group 1 storage vessels, 
including applicable monitoring, recordkeeping, and reporting;
    (iv) The requirements of Sec. 63.139, as specified in Sec. 63.1330, 
for control devices used to control emissions from waste management 
units, including applicable monitoring, recordkeeping, and reporting;
    (v) The requirements of Sec. 63.139, as specified in Sec. 63.1330, 
for closed vent systems for control of emissions from in-process 
equipment subject to Sec. 63.149, as specified in Sec. 63.1330, 
including applicable monitoring, recordkeeping, and reporting; or
    (vi) The requirements of this subpart for aggregate batch vent 
streams subject to Sec. 63.1321(c), including applicable monitoring, 
recordkeeping, and reporting.
    (3) The owner or operator of an affected source with combined 
emission streams containing one or more batch process vents but not 
containing one or more continuous process vents subject to 
Sec. 63.1315, Sec. 63.1316(b)(1)(i)(A), Sec. 63.1316(b)(1)(ii), 
Sec. 63.1316(b)(2)(i), Sec. 63.1316(b)(2)(ii), or Sec. 63.1316(c)(1), 
excluding Sec. 63.1316(c)(1)(ii), shall comply with paragraph (b)(3)(i) 
and (b)(3)(ii) of this section.
    (i) The owner or operator of the affected source shall comply with 
Sec. 63.1321 for the batch process vent(s).
    (ii) The owner or operator of the affected source shall comply with 
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for 
the remaining emission streams.
    (c) Instead of complying with Secs. 63.1314, 63.1315, 63.1316 
through 63.1320, 63.1321, and 63.1330, the owner or operator of an 
existing affected source may elect to control any or all of the storage 
vessels, batch process vents, aggregate batch vent streams,

[[Page 38107]]

continuous process vents, and wastewater streams and associated waste 
management units within the affected source to different levels using 
an emissions averaging compliance approach that uses the procedures 
specified in Sec. 63.1332. The restrictions concerning which emission 
points may be included in an emissions average, including how many 
emission points may be included, are specified in Sec. 63.1332(a)(1). 
An owner or operator electing to use emissions averaging shall still 
comply with the provisions of Secs. 63.1314, 63.1315, 63.1316 through 
63.1320, 63.1321, and 63.1330 for affected source emission points not 
included in the emissions average.
    (d) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (c) of this 
section.

    33. Section 63.1314 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(1) through (a)(3);
    c. Revising paragraph (a)(5) through (a)(16);
    d. Revising paragraph (b) introductory text;
    e. Revising paragraph (c); and
    f. Adding paragraph (a)(17).
    The revisions and additions read as follows:


Sec. 63.1314  Storage vessel provisions.

    (a) This section applies to each storage vessel that is assigned to 
an affected source, as determined by Sec. 63.1310(g). Except as 
provided in paragraphs (b) through (d) of this section, the owner or 
operator of an affected source shall comply with the requirements of 
Secs. 63.119 through 63.123 and 63.148 for those storage vessels, with 
the differences noted in paragraphs (a)(1) through (a)(17) of this 
section for the purposes of this subpart.
    (1) When the term ``storage vessel'' is used in Secs. 63.119 
through 63.123, the definition of this term in Sec. 63.1312 shall apply 
for the purposes of this subpart.
    (2) When the term ``Group 1 storage vessel'' is used in 
Secs. 63.119 through 63.123, the definition of this term in 
Sec. 63.1312 shall apply for the purposes of this subpart.
    (3) When the term ``Group 2 storage vessel'' is used in 
Secs. 63.119 through 63.123, the definition of this term in 
Sec. 63.1312 shall apply for the purposes of this subpart.
* * * * *
    (5) When December 31, 1992, is referred to in Sec. 63.119, March 
29, 1995 shall apply instead, for the purposes of this subpart.
    (6) When April 22, 1994, is referred to in Sec. 63.119, June 19, 
2000 shall apply instead, for the purposes of this subpart.
    (7) Each owner or operator of an affected source shall comply with 
this paragraph (a)(7) instead of Sec. 63.120(d)(1)(ii) for the purposes 
of this subpart. If the control device used to comply with 
Sec. 63.119(e) is also used to comply with any of the requirements 
found in Sec. 63.1315, Sec. 63.1316, Sec. 63.1322, or Sec. 63.1330, the 
performance test required in or accepted by the applicable requirements 
of Secs. 63.1315, 63.1316, 63.1322, and 63.1330 is acceptable for 
demonstrating compliance with Sec. 63.119(e) for the purposes of this 
subpart. The owner or operator is not required to prepare a design 
evaluation for the control device as described in Sec. 63.120(d)(1)(i), 
if the performance test meets the criteria specified in paragraphs 
(a)(7)(i) and (a)(7)(ii) of this section.
    (i) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; and
    (ii) The performance test is submitted as part of the Notification 
of Compliance Status required by Sec. 63.1335(e)(5).
    (8) When the term ``range'' is used in Secs. 63.120(d)(3), 
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead, 
for the purposes of this subpart.
    (9) For purposes of this subpart, the monitoring plan required by 
Sec. 63.120(d)(2) shall specify for which control devices the owner or 
operator has selected to follow the procedures for continuous 
monitoring specified in Sec. 63.1334. For those control devices for 
which the owner or operator has selected to not follow the procedures 
for continuous monitoring specified in Sec. 63.1334, the monitoring 
plan shall include a description of the parameter or parameters to be 
monitored to ensure that the control device is being properly operated 
and maintained, an explanation of the criteria used for selection of 
that parameter (or parameters), and the frequency with which monitoring 
will be performed (e.g., when the liquid level in the storage vessel is 
being raised), as specified in Sec. 63.120(d)(2)(i).
    (10) For purposes of this subpart, the monitoring plan required by 
Sec. 63.122(b) shall be included in the Notification of Compliance 
Status required by Sec. 63.1335(e)(5).
    (11) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.120, 63.122, 
and 63.123, the Notification of Compliance Status requirements 
contained in Sec. 63.1335(e)(5) shall apply for the purposes of this 
subpart.
    (12) When the 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. 63.1335(e)(6) shall apply for the 
purposes of this subpart.
    (13) When other reports as required in Sec. 63.152(d) are referred 
to in Sec. 63.122, the reporting requirements contained in 
Sec. 63.1335(e)(7) shall apply for the purposes of this subpart.
    (14) When the Initial Notification requirements contained in 
Sec. 63.151(b) are referred to in Sec. 63.122, the owner or operator of 
an affected source subject to this subpart need not comply for the 
purposes of this subpart.
    (15) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Sec. 63.121(a), the provisions in 
Sec. 63.6(g) shall apply for the purposes of this subpart.
    (16) When Sec. 63.119(a) requires compliance according to the 
schedule provisions in Sec. 63.100, owners and operators of affected 
sources shall instead comply with the requirements in 
Secs. 63.119(a)(1) through 63.119(a)(4) by the compliance date for 
storage vessels, which is specified in Sec. 63.1311.
    (17) In Sec. 63.120(e)(1), instead of the reference to 
Sec. 63.11(b), the requirements of Sec. 63.1333(e) shall apply.
    (b) Owners or operators of Group 1 storage vessels that are 
assigned to a new affected source producing SAN using a continuous 
process shall control emissions to the levels indicated in paragraphs 
(b)(1) and (b)(2) of this section.
* * * * *
    (c) Owners or operators of Group 1 storage vessels that are 
assigned to a new or existing affected source producing ASA/AMSAN shall 
control emissions by at least 98 percent relative to uncontrolled 
emissions.
* * * * *

    34. Section 63.1315 is amended by:
    a. Revising paragraphs (a)(1) through (a)(4);
    b. Revising paragraphs (a)(9) through (a)(17);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraph (b)(1)(ii);
    e. Revising paragraph (c); and
    f. Revising paragraph (d).
    The revisions read as follows:


Sec. 63.1315  Continuous process vents provisions.

    (a) * * *
    (1) When the term ``process vent'' is used in Secs. 63.113 through 
63.118, the

[[Page 38108]]

term ``continuous process vent,'' and the definition of this term in 
Sec. 63.1312 shall apply for the purposes of this subpart.
    (2) When the term ``Group 1 process vent'' is used in Secs. 63.113 
through 63.118, the term ``Group 1 continuous process vent,'' and the 
definition of this term in Sec. 63.1312 shall apply for the purposes of 
this subpart.
    (3) When the term ``Group 2 process vent'' is used in Secs. 63.113 
through 63.118, the term ``Group 2 continuous process vent,'' and the 
definition of this term in Sec. 63.1312 shall apply for the purposes of 
this subpart.
    (4) When December 31, 1992 is referred to in Sec. 63.113, apply the 
date March 29, 1995, for the purposes of this subpart.
* * * * *
    (9) When Sec. 63.114(e) specifies that an owner or operator shall 
submit the information required in Sec. 63.152(b) in order to establish 
the parameter monitoring range, the owner or operator of an affected 
source shall comply with the provisions of Sec. 63.1334 for 
establishing the parameter monitoring level and shall comply with 
Sec. 63.1335(e)(5) for purposes of reporting information related to 
establishment of the parameter monitoring level for purposes of this 
subpart. Further, the term ``level'' shall apply when the term 
``range'' is used in Secs. 63.114, 63.117, and 63.118.
    (10) When reports of process changes are required under 
Sec. 63.118(g), (h), (i), or (j), paragraphs (a)(10)(i) through 
(a)(10)(iv) of this section shall apply for the purposes of this 
subpart. In addition, for the purposes of this subpart, paragraph 
(a)(10)(v) of this section applies, and Sec. 63.118(k) does not apply 
to owners or operators of affected sources.
    (i) For the purposes of this subpart, whenever a process change, as 
defined in Sec. 63.115(e), is made that causes a Group 2 continuous 
process vent to become a Group 1 continuous process vent, the owner or 
operator shall submit a report within 180 days after the process change 
is made or with the next Periodic Report, whichever is later. A 
description of the process change shall be submitted with the report of 
the process change, and the owner or operator of the affected source 
shall comply with the Group 1 provisions in Secs. 63.113 through 63.118 
in accordance with Sec. 63.1310(i)(2)(ii) or (i)(2)(iii), as 
applicable.
    (ii) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous process vent with a TRE greater 
than 4.0 to become a Group 2 continuous process vent with a TRE less 
than 4.0, the owner or operator shall submit a report within 180 days 
after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec. 63.113(d) by the 
dates specified in Sec. 63.1311.
    (iii) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous process vent with a flow rate 
less than 0.005 standard cubic meter per minute to become a Group 2 
continuous process vent with a flow rate of 0.005 standard cubic meter 
per minute or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. A description of the process change shall be submitted with the 
report of the process change, and the owner or operator shall comply 
with the provisions in Sec. 63.113(d) by the dates specified in 
Sec. 63.1311.
    (iv) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a 
Group 2 continuous process vent with an organic HAP concentration of 50 
parts per million by volume or greater and a TRE index value less than 
or equal to 4.0, the owner or operator shall submit a report within 180 
days after the process change is made or with the next Periodic Report, 
whichever is later. A description of the process change shall be 
submitted with the report of the process change, and the owner or 
operator shall comply with the provisions in Sec. 63.113(d) by the 
dates specified in Sec. 63.1311.
    (v) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraphs 
(a)(10)(v)(A), (a)(10)(v)(B), (a)(10)(v)(C), or (a)(10)(v)(D) of this 
section is met.
    (A) The process change does not meet the definition of a process 
change in Sec. 63.115(e);
    (B) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) and the recalculated value is less than 0.005 standard 
cubic meter per minute;
    (C) The organic HAP concentration of the vent stream is 
recalculated according to Sec. 63.115(e) and the recalculated value is 
less than 50 parts per million by volume; or (D) The TRE index value is 
recalculated according to Sec. 63.115(e) and the recalculated value is 
greater than 4.0, or for the affected sources producing methyl 
methacrylate butadiene styrene resin the recalculated value is greater 
than 6.7.
    (11) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify 
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall 
conform with the requirements in paragraphs (a)(11)(i) and (a)(11)(ii) 
of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (12) When Sec. 63.118, periodic reporting and recordkeeping 
requirements, refers to Sec. 63.152(f), the recordkeeping requirements 
in Sec. 63.1335(d) shall apply for purposes of this subpart.
    (13) If a batch process vent or aggregate batch vent stream is 
combined with a continuous process vent, the owner or operator of the 
affected source containing the combined vent stream shall comply with 
paragraph (a)(13)(i); with paragraph (a)(13)(ii) and with paragraph 
(a)(13)(iii) or (iv); or with paragraph (a)(13)(v) of this section, as 
appropriate.
    (i) If a batch process vent or aggregate batch vent stream is 
combined with a Group 1 continuous process vent prior to the combined 
vent stream being routed to a control device, the owner or operator of 
the affected source containing the combined vent stream shall comply 
with the requirements in paragraph (a)(13)(i)(A) or (B) of this 
section.
    (A) All requirements for a Group 1 process vent stream in 
Secs. 63.113 through 63.118, except as otherwise provided in this 
section. As specified in Sec. 63.1333(a)(1), performance tests shall be 
conducted at maximum representative operating conditions. For the 
purpose of conducting a performance test on a combined vent stream, 
maximum representative operating conditions shall be when batch 
emission episodes are occurring that result in the highest organic HAP 
emission rate (for the combined vent stream) that is achievable during 
one of the periods listed in Sec. 63.1333(a)(1)(i) or 
Sec. 63.1333(a)(1)(ii), without causing any

[[Page 38109]]

of the situations described in paragraphs (a)(13)(i)(A)(1) through (3) 
to occur.
    (1) Causing damage to equipment.
    (2) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make product in excess 
of demand.
    (B) Comply with the provisions in Sec. 63.1313(b)(1), as allowed 
under Sec. 63.1313(b).
    (ii) If a batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to the combined vent 
stream being routed to a recovery device, the TRE index value for the 
combined vent stream shall be calculated at the exit of the last 
recovery device. The TRE shall be calculated during periods when one or 
more batch emission episodes are occurring that result in the highest 
organic HAP emission rate (in the combined vent stream that is being 
routed to the recovery device) that is achievable during the 6-month 
period that begins 3 months before and ends 3 months after the TRE 
calculation, without causing any of the situations described in 
paragraphs (a)(13)(ii)(A) through (C) to occur.
    (A) Causing damage to equipment.
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (iii) If the combined vent stream described in paragraph 
(a)(10)(ii) of this section meets the requirements in paragraphs 
(a)(13)(iii)(A), (B), and (C) of this section, the combined vent stream 
shall be subject to the requirements for Group 1 process vents in 
Secs. 63.113 through 63.118, except as otherwise provided in this 
section, as applicable. Performance tests for the combined vent stream 
shall be conducted at maximum operating conditions, as described in 
paragraph (a)(13)(i) of this section.
    (A) The TRE index value of the combined stream is less than or 
equal to 1.0;
    (B) The flow rate of the combined vent stream is greater than or 
equal to 0.005 standard cubic meter per minute; and
    (C) The total organic HAP concentration is greater than or equal to 
50 parts per million by volume for the combined vent stream.
    (iv) If the combined vent stream described in paragraph (a)(10)(ii) 
of this section meets the requirements in paragraph (a)(13)(iv)(A), 
(B), or (C) of this section, the combined vent stream shall be subject 
to the requirements for Group 2 process vents in Secs. 63.113 through 
63.118, except as otherwise provided in this section, as applicable.
    (A) The TRE index value of the combined vent stream is greater than 
1.0;
    (B) The flow rate of the combined vent stream is less than 0.005 
standard cubic meter per minute; or
    (C) The total organic HAP concentration is less than 50 parts per 
million by volume for the combined vent stream.
    (v) If a batch process vent or aggregate batch vent stream is 
combined with a Group 2 continuous process vent, the owner or operator 
shall comply with the requirements in either paragraph (a)(13)(v)(A) or 
(a)(13)(v)(B) of this section.
    (A) The owner or operator shall comply with the requirements in 
Secs. 63.113 through 63.118 for Group 1 process vents; or
    (B) The owner or operator shall comply with Sec. 63.1322(e)(2) for 
batch process vents and aggregate batch vent streams.
    (14) If any gas stream that originates outside of an affected 
source that is subject to this subpart is normally conducted through 
the same final recovery device as any continuous process vent stream 
subject to this subpart, the owner or operator of the affected source 
with the combined vent stream shall comply with all requirements in 
Secs. 63.113 through 63.118 of subpart G of this part, except as 
otherwise noted in this section, as applicable.
    (i) Instead of measuring the vent stream flow rate at the sampling 
site specified in Sec. 63.115(b)(1), the sampling site for vent stream 
flow rate shall be prior to the final recovery device and prior to the 
point at which the gas stream that is not controlled under this subpart 
is introduced into the combined vent stream.
    (ii) Instead of measuring total organic HAP or TOC concentrations 
at the sampling site specified in Sec. 63.115(c)(1), the sampling site 
for total organic HAP or TOC concentration shall be prior to the final 
recovery device and prior to the point at which the gas stream that is 
not controlled under this subpart is introduced into the combined vent 
stream.
    (iii) The efficiency of the final recovery device (determined 
according to paragraph (a)(14)(iv) of this section) shall be applied to 
the total organic HAP or TOC concentration measured at the sampling 
site described in paragraph (a)(14)(ii) of this section to determine 
the exit concentration. This exit concentration of total organic HAP or 
TOC shall then be used to perform the calculations outlined in 
Sec. 63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent 
stream exiting the final recovery device.
    (iv) The efficiency of the final recovery device is determined by 
measuring the total organic HAP or TOC concentration using Method 18 or 
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery 
device after the introduction of any gas stream that is not controlled 
under this subpart, and at the outlet of the final recovery device.
    (15) When Sec. 63.115(c)(3)(ii)(B) and (d)(2)(iv) and 
Sec. 63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart 
F of this part, the owner or operator is only required to consider 
organic HAP listed on Table 6 of this subpart for purposes of this 
subpart.
    (16) The compliance date for continuous process vents subject to 
the provisions of this section is specified in Sec. 63.1311.
    (17) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b), 
the requirements in Sec. 63.1333(e) shall apply.
* * * * *
    (b) Owners or operators of existing affected sources producing MBS 
shall comply with either paragraph (b)(1) or (b)(2) of this section.
    (1) * * * 
    (ii) When complying with this paragraph (b) and the term ``TRE of 
4.0'' is used, or related terms indicating a TRE index value of 4.0, 
referred to in Secs. 63.113 through 63.118, are used, the term ``TRE of 
6.7,'' shall apply instead, for the purposes of this subpart. The TRE 
range of 3.7 to 6.7 for continuous process vents at existing affected 
sources producing MBS corresponds to the TRE range of 1.0 to 4.0 for 
other continuous process vents, as it applies to monitoring, 
recordkeeping, and reporting.
* * * * *
    (c) Owners or operators of new affected sources producing SAN using 
a batch process shall comply with the applicable requirements in 
Sec. 63.1321.
    (d) Affected sources producing PET or polystyrene using a 
continuous process are not subject to the provisions of this section 
and instead are subject to the emissions control provisions of 
Sec. 63.1316, the monitoring provisions of Sec. 63.1317, the testing 
and compliance demonstration provisions of Sec. 63.1318, the 
recordkeeping provisions of Sec. 63.1319, and the reporting provisions 
of Sec. 63.1320. However, in some instances, as specified in 
Sec. 63.1316, select continuous process vents present

[[Page 38110]]

at affected sources producing PET or polystyrene using a continuous 
process are subject to the provisions of this section.
* * * * *

    35. Section 63.1316 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a);
    c. Revising paragraph (b); introductory text;
    d. Revising paragraph (b)(1) introductory text;
    e. Revising paragraph (b)(1)(i) introductory text;
    f. Revising paragraphs (b)(1)(i)(A) and (b)(1)(i)(B);
    g. Revising paragraphs (b)(1)(ii) (b)(1)(iii), and (b)(1)(iv);
    h. Revising paragraph (b)(2) introductory text;
    i. Revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and 
(b)(2)(iv);
    j. Revising paragraph (c) introductory text;
    k. Revising paragraph (c)(1) introductory text;
    l. Revising paragraphs (c)(1)(i) and (c)(1)(ii);
    m. Revising paragraph (c)(1)(iii)(A);
    n. Revising paragraph (c)(1)(iii)(C); and
    o. Revising paragraph (c)(3).
    The revisions read as follows:


Sec. 63.1316  PET and polystyrene affected sources--emissions control 
provisions.

    (a) The owner or operator of an affected source producing PET using 
a continuous process shall comply with paragraph (b) of this section. 
The owner or operator of an affected source producing polystyrene using 
a continuous process shall comply with paragraph (c) of this section. 
As specified in paragraphs (b) and (c) of this section, owners or 
operators shall comply with Sec. 63.1315 for certain continuous process 
vents and with Sec. 63.1321 for all batch process vents. The owner or 
operator of an affected source producing PET using a batch process or 
producing polystyrene using a batch process shall comply with 
Sec. 63.1315 for continuous process vents and with Sec. 63.1321 for 
batch process vents, instead of the provisions of Secs. 63.1316 through 
63.1320.
    (b) The owner or operator of an affected source producing PET using 
a continuous process shall comply with the requirements specified in 
paragraphs (b)(1) or (b)(2) of this section, as appropriate, and are 
not required to comply with the requirements specified in 40 CFR part 
60, subpart DDD. Compliance can be based on either organic HAP or TOC.
    (1) The owner or operator of an affected source producing PET using 
a continuous dimethyl terephthalate process shall comply with 
paragraphs (b)(1)(i) through (b)(1)(iv) of this section.
    (i) The owner or operator of an existing affected source with 
organic HAP emissions greater than 0.12 kg organic HAP per Mg of 
product from continuous process vents in the collection of material 
recovery sections (i.e., methanol recovery) within the affected source 
shall comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or 
(b)(1)(i)(C) of this section. Emissions from continuous process vents 
in the collection of material recovery sections within the affected 
source shall be determined by the procedures specified in 
Sec. 63.1318(b). The owner or operator of a new affected source shall 
comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or 
(b)(1)(i)(C) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual material recovery section shall, as a whole, be no greater 
than 0.018 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of material recovery sections within 
the affected source shall, as a whole, be no greater than 0.018 kg 
organic HAP per Mg product from all associated TPPU(s);
    (B) As specified in Sec. 63.1318(d), the owner or operator shall 
maintain the daily average outlet gas stream temperature from each 
final condenser in a material recovery section at a temperature of 
+3 deg.C (+37 deg.F) or less (i.e., colder);
* * * * *
    (ii) Limit organic HAP emissions from continuous process vents in 
the collection of polymerization reaction sections within the affected 
source by complying with either paragraph (b)(1)(ii)(A) or 
(b)(1)(ii)(B) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual polymerization reaction section (including emissions from 
any equipment used to further recover ethylene glycol, but excluding 
emissions from process contact cooling towers) shall, as a whole, be no 
greater than 0.02 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of polymerization reaction sections 
within the affected source shall, as a whole, be no greater than 0.02 
kg organic HAP per Mg product from all associated TPPU(s); or
    (B) Comply with paragraph (b)(1)(v) of this section.
    (iii) Continuous process vents not included in a material recovery 
section, as specified in paragraph (b)(1)(i) of this section, and not 
included in a polymerization reaction section, as specified in 
paragraph (b)(1)(ii) of this section, shall comply with Sec. 63.1315.
    (iv) Batch process vents shall comply with Sec. 63.1321.
* * * * *
    (2) The owner or operator of an affected source producing PET using 
a continuous terephthalic acid process shall comply with paragraphs 
(b)(2)(i) through (b)(2)(iv) of this section.
    (i) Limit organic HAP emissions from continuous process vents in 
the collection of raw material preparation sections within the affected 
source by complying with either paragraph (b)(2)(i)(A) or (b)(2)(i)(B) 
of this section.
    (A) Organic HAP emissions from all continuous process vents 
associated with the esterification vessels in each individual raw 
materials preparation section shall, as a whole, be no greater than 
0.04 kg organic HAP per Mg of product from the associated TPPU(s); or 
alternatively, organic HAP emissions from all continuous process vents 
associated with the esterification vessels in the collection of raw 
material preparation sections within the affected source shall, as a 
whole, be no greater than 0.04 kg organic HAP per Mg of product from 
all associated TPPU(s). Other continuous process vents (i.e., those not 
associated with the esterification vessels) in the collection of raw 
materials preparation sections within the affected source shall comply 
with Sec. 63.1315; or
    (B) Comply with paragraph (b)(2)(v) of this section.
    (ii) Limit organic HAP emissions from continuous process vents in 
the collection of polymerization reaction sections within the affected 
source by complying with either paragraph (b)(2)(ii)(A) or 
(b)(2)(ii)(B) of this section.
    (A) Organic HAP emissions from all continuous process vents in each 
individual polymerization reaction section (including emissions from 
any equipment used to further recover ethylene glycol, but excluding 
emissions from process contact cooling towers) shall, as a whole, be no 
greater than 0.02 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of polymerization reaction sections 
within the affected source shall, as a whole, be no greater than 0.02 
kg organic HAP per Mg of product from all associated TPPU(s); or

[[Page 38111]]

    (B) Comply with paragraph (b)(2)(v) of this section.
    (iii) Continuous process vents not included in a raw materials 
preparation section, as specified in paragraphs (b)(2)(i) of this 
section, and not included in a polymerization reaction section, as 
specified in paragraph (b)(2)(ii) of this section, shall comply with 
Sec. 63.1315.
    (iv) Batch process vents shall comply with Sec. 63.1321.
* * * * *
    (c) The owner or operator of an affected source producing 
polystyrene resin using a continuous process shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section, as appropriate, instead of the requirements specified in 40 
CFR part 60, subpart DDD. Compliance can be based on either organic HAP 
or TOC.
    (1) Limit organic HAP emissions from continuous process vents in 
the collection of material recovery sections within the affected source 
by complying with either paragraph (c)(1)(i), (c)(1)(ii), or 
(c)(1)(iii) of this section.
    (i) Organic HAP emissions from all continuous process vents in each 
individual material recovery section shall, as a whole, be no greater 
than 0.0036 kg organic HAP per Mg of product from the associated 
TPPU(s); or alternatively, organic HAP emissions from all continuous 
process vents in the collection of material recovery sections within 
the affected source shall, as a whole, be no greater than 0.0036 kg 
organic HAP per Mg of product from all associated TPPU(s);
    (ii) As specified in Sec. 63.1318(d), the owner or operator shall 
maintain the daily average outlet gas stream temperature from each 
final condenser in a material recovery section at a temperature of 
-25 deg.C (-13 deg.F) or less (i.e., colder); or
    (iii) * * *
    (A) Reduce the emissions in a combustion device to achieve 98 
weight percent reduction or to achieve a concentration of 20 parts per 
million by volume (ppmv) on a dry basis, whichever is less stringent. 
If an owner or operator elects to comply with the 20 ppmv standard, the 
concentration shall include a correction to 3 percent oxygen only when 
supplemental combustion air is used to combust the emissions;
* * * * *
    (C) Combust the emissions in a flare that complies with the 
requirements of Sec. 63.1333(e).
* * * * *
    (3) Batch process vents shall comply with Sec. 63.1321.
    36. Section 63.1317 is revised (including the section title) to 
read as follows:


Sec. 63.1317  PET and polystyrene affected sources--monitoring 
provisions.

    Continuous process vents using a control or recovery device to 
comply with Sec. 63.1316 shall comply with the applicable monitoring 
provisions specified for continuous process vents in Sec. 63.1315(a), 
except that references to group determinations (i.e., total resource 
effectiveness) do not apply and owners or operators are not required to 
comply with Sec. 63.113.
    37. Section 63.1318 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraph (b)(1)(i) introductory text;
    e. Revising paragraph (c); and
    f. Revising paragraph (d).
    The revisions read as follows:


Sec. 63.1318  PET and polystyrene affected sources--testing and 
compliance demonstration provisions.

    (a) Except as specified in paragraphs (b) through (d) of this 
section, continuous process vents using a control or recovery device to 
comply with Sec. 63.1316 shall comply with the applicable testing and 
compliance provisions for continuous process vents specified in 
Sec. 63.1315, except that, for the purposes of this paragraph (a), 
references to group determinations (i.e., total resource effectiveness) 
do not apply and owners or operators are not required to comply with 
Sec. 63.113.
    (b) PET Affected Sources Using a Dimethyl Terephthalate Process--
Applicability Determination Procedure. Owners or operators shall 
calculate organic HAP emissions from the collection of material 
recovery sections at an existing affected source producing PET using a 
continuous dimethyl terephthalate process to determine whether 
Sec. 63.1316(b)(1)(i) is applicable using the procedures specified in 
either paragraph (b)(1) or (b)(2) of this section.
    (1) * * *
    (i) The mass emission rate for each continuous process vent, 
Ei, shall be determined according to the procedures 
specified in Sec. 63.116(c)(4). The sampling site for determining 
whether Sec. 63.1316(b)(1)(i) is applicable shall be at the outlet of 
the last recovery or control device. When the provisions of 
Sec. 63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A 
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may 
be used for the purposes of this subpart. The use of Method 25A, 40 CFR 
part 60, appendix A shall comply with paragraphs (b)(1)(i)(A) and 
(b)(1)(i)(B) of this section.
* * * * *
    (c) Compliance with Mass Emissions per Mass Product Standards. 
Owners or operators complying with Sec. 63.1316(b)(1)(i)(A), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), and (c)(1)(i) shall demonstrate 
compliance with the mass emissions per mass product requirements using 
the procedures specified in paragraph (b)(1) of this section.
    (d) Compliance with Temperature Limits for Final Condensers. Owners 
or operators complying with Sec. 63.1316(b)(1)(i)(B) or 
Sec. 63.1316(c)(1)(ii) shall demonstrate continuous compliance based on 
an average exit temperature determined for each operating day. 
Calculation of the daily average exit temperature shall follow the 
provisions of Sec. 63.1335(d)(3). The provisions of Sec. 63.1334(f) and 
(g) shall apply for the purposes of determining whether or not an owner 
or operator is to be deemed out of compliance for a given operating 
day.
    38. Section 63.1319 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraph (b)(2); and
    e. Revising paragraph (c).
    The revisions read as follows:


Sec. 63.1319  PET and polystyrene affected sources--recordkeeping 
provisions.

    (a) Except as specified in paragraphs (b) and (c) of this section, 
owners or operators using a control or recovery device to comply with 
Sec. 63.1316 shall comply with the applicable recordkeeping provisions 
specified in Sec. 63.1315, except that, for the purposes of this 
paragraph (a), references to group determinations (i.e., total resource 
effectiveness) do not apply, and owners or operators are not required 
to comply with Sec. 63.113.
    (b) Records Demonstrating Compliance With the Applicability 
Determination Procedure for PET Affected Sources Using a Dimethyl 
Terephthalate Process. Owners or operators complying with 
Sec. 63.1316(b)(1)(i) by demonstrating that mass emissions per mass 
product are less than or equal to the level specified in 
Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg organic HAP per Mg of product) 
shall keep the following records.
* * * * *
    (2) Records of any change in process operation that increases the 
mass emissions per mass product.
    (c) Records Demonstrating Compliance with Temperature Limits for 
Final Condensers. Owners or operators of continuous process vents 
complying with Sec. 63.1316(b)(1)(i)(B) or Sec. 63.1316(c)(1)(ii) shall 
keep records of

[[Page 38112]]

the daily averages required by Sec. 63.1318, per the recordkeeping 
provisions specified in Sec. 63.1335(d).

    39. Section 63.1320 is revised to read as follows:


Sec. 63.1320  PET and polystyrene affected sources--reporting 
provisions.

    (a) Except as specified in paragraph (b) of this section, owners 
and operators using a control or recovery device to comply with 
Sec. 63.1316 shall comply with the applicable reporting provisions 
specified in Sec. 63.1315, except that, for the purposes of this 
paragraph (a), references to group determinations (i.e., total resource 
effectiveness) do not apply, and owners or operators are not required 
to comply with Sec. 63.113.
    (b) Reporting for PET Affected Sources Using a Dimethyl 
Terephthalate Process. Owners or operators complying with Sec. 63.1316 
by demonstrating that mass emissions per mass product are less than or 
equal to the level specified in Sec. 63.1316(b)(1)(i) (i.e., 0.12 kg 
organic HAP per Mg of product) shall comply with paragraphs (b)(1) 
through (b)(3) of this section.
    (1) Include the information specified in Sec. 63.1319(b)(2) in each 
Periodic Report, required by Sec. 63.1335(e)(6), as appropriate.
    (2) Include the information specified in Sec. 63.1319(b)(1) in the 
Notification of Compliance Status, required by Sec. 63.1335(e)(5).
    (3) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes emissions from continuous process vents in the 
collection of material recovery sections (i.e., methanol recovery) 
within the affected source to be greater than 0.12 kg organic HAP per 
Mg of product, the owner or operator shall submit a report within 180 
days after the process change is made or the information regarding the 
process change is known to the owner or operator. This report may be 
included in the next Periodic Report as specified in 
Sec. 63.1335(e)(6)(iii)(D)(2). The report shall include the information 
specified in Sec. 63.1319(b)(1) and a description of the process 
change.

    40. Section 63.1321 is amended by revising paragraphs (a) and (c), 
to read as follows:


Sec. 63.1321  Batch process vents provisions.

    (a) Batch process vents. Except as specified in paragraphs (b) 
through (d) of this section, owners and operators of new and existing 
affected sources with batch process vents shall comply with the 
requirements in Secs. 63.1322 through 63.1327. The batch process vent 
group status shall be determined in accordance with Sec. 63.1323. 
Owners or operators of batch process vents classified as Group 1 shall 
comply with the reference control technology requirements for Group 1 
batch process vents in Sec. 63.1322, the monitoring requirements in 
Sec. 63.1324, the performance test methods and procedures to determine 
compliance in Sec. 63.1325, the recordkeeping requirements in 
Sec. 63.1326, and the reporting requirements in Sec. 63.1327. Owners or 
operators of all Group 2 batch process vents shall comply with the 
applicable reference control technology requirements in Sec. 63.1322, 
the applicable recordkeeping requirements in Sec. 63.1326, and the 
applicable reporting requirements in Sec. 63.1327.
* * * * *
    (c) Aggregate batch vent streams. Aggregate batch vent streams, as 
defined in Sec. 63.1312, are subject to the control requirements 
specified in Sec. 63.1322(b), as well as the monitoring, testing, 
recordkeeping, and reporting requirements specified in Secs. 63.1324 
through 63.1327 for aggregate batch vent streams.
* * * * *
    41. Section 63.1322 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(1)(i);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraph (b)(1)(i);
    e. Revising paragraph (b)(2);
    f. Revising paragraphs (c)(1) and (c)(2);
    g. Revising paragraph (e);
    h. Revising paragraph (f);
    i. Revising paragraph (g); and
    j. Adding paragraph (h).
    The revisions and additions read as follows:


Sec. 63.1322  Batch process vents--reference control technology.

    (a) Batch process vents. The owner or operator of a Group 1 batch 
process vent, as determined using the procedures in Sec. 63.1323, shall 
comply with the requirements of either paragraph (a)(1) or (a)(2) of 
this section, except as provided for in paragraph (a)(3) of this 
section. Compliance may be based on either organic HAP or TOC.
    (1) * * *
    (i) The owner or operator shall comply with the requirements of 
Sec. 63.1333(e) for the flare.
* * * * *
    (b) Aggregate batch vent streams. The owner or operator of an 
aggregate batch vent stream that contains one or more Group 1 batch 
process vents shall comply with the requirements of either paragraph 
(b)(1) or (b)(2) of this section, except as provided for in paragraph 
(b)(3) of this section. Compliance may be based on either organic HAP 
or TOC.
    (1) * * *
    (i) The owner or operator shall comply with the requirements of 
Sec. 63.1333(e) for the flare.
* * * * *
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent or to a concentration of 20 parts per 
million by volume, whichever is less stringent, on a continuous basis 
using a control device. For purposes of complying with the 20 parts per 
million by volume outlet concentration standard, the outlet 
concentration shall be calculated on a dry basis. When a combustion 
device is used for purposes of complying with the 20 parts per million 
by volume outlet concentration standard, the concentration shall be 
corrected to 3 percent oxygen if supplemental combustion air is used to 
combust the emissions. If supplemental combustion air is not used, a 
correction to 3 percent oxygen is not required.
* * * * *
    (c) * * *
    (1) If a combustion device is used to comply with paragraph (a)(2), 
(a)(3), (b)(2), or (b)(3) of this section for a halogenated batch 
process vent, halogenated aggregate batch vent stream, or halogenated 
continuous process vent, said emissions exiting the combustion device 
shall be ducted to a halogen reduction device that reduces overall 
emissions of hydrogen halides and halogens by at least 99 percent 
before discharge to the atmosphere.
    (2) A halogen reduction device may be used to reduce the halogen 
atom mass emission rate of said emissions to less than 3,750 kg/yr for 
batch process vents or aggregate batch vent streams and to less than 
0.45 kilograms per hour for continuous process vents prior to venting 
to any combustion control device, and thus make the batch process vent, 
aggregate batch vent stream, or continuous process vent nonhalogenated. 
The nonhalogenated batch process vent, aggregate batch vent stream, or 
continuous process vent shall then comply with the requirements of 
either paragraph (a) or (b) of this section, as appropriate.
* * * * *
    (e) Combination of batch process vents or aggregate batch vent 
streams with continuous process vents. If a batch process vent or 
aggregate batch vent stream is combined with a continuous process vent, 
the owner or operator shall determine whether the combined

[[Page 38113]]

vent stream is subject to the provisions of Secs. 63.1321 through 
63.1327 according to paragraphs (e)(1) and (e)(2) of this section.
    (1) A batch process vent or aggregate batch vent stream combined 
with a continuous process vent is not subject to the provisions of 
Secs. 63.1321 through 63.1327, if the requirements in paragraph 
(e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met.
    (i) The only emissions to the atmosphere from the batch process 
vent or aggregate batch vent stream prior to being combined with the 
continuous process vent are from equipment subject to Sec. 63.1331.
    (ii) The batch process vent or aggregate batch vent stream is 
combined with a Group 1 continuous process vent prior to the combined 
vent stream being routed to a control device. In this paragraph 
(e)(1)(ii), the definition of control device as it relates to 
continuous process vents shall be used. Furthermore, the combined vent 
stream discussed in this paragraph (e)(1)(ii) shall be subject to 
Sec. 63.1315(a)(13)(i).
    (iii) The batch process vent or aggregate batch vent stream is 
combined with a continuous process vent prior to being routed to a 
recovery device. In this paragraph (e)(1)(iii), the definition of 
recovery device as it relates to continuous process vents shall be 
used. Furthermore, the combined vent stream discussed in this paragraph 
(e)(1)(iii) shall be subject to Sec. 63.1315(a)(13)(ii).
    (2) If the batch process vent or aggregate batch vent stream is 
combined with a Group 2 continuous process vent, the group status of 
the batch process vent shall be determined prior to its combination 
with the Group 2 continuous process vent, in accordance with 
Sec. 63.1323, and the combined vent stream shall be subject to the 
requirements for aggregate batch vent streams in Secs. 63.1321 through 
63.1327.
    (f) Group 2 batch process vents with annual emissions greater than 
or equal to the level specified in Sec. 63.1323(d). The owner or 
operator of a Group 2 batch process vent with annual emissions greater 
than or equal to the level specified in Sec. 63.1323(d) shall comply 
with the provisions of paragraph (f)(1), (f)(2), or (h) of this 
section.
    (1) The owner or operator of an affected source shall comply with 
the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures the Group 2 batch process vent does not become 
a Group 1 batch process vent.
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with 
Sec. 63.1335(e)(5)(iv), the owner or operator shall not charge a mass 
of HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator shall comply with the recordkeeping 
requirements in Sec. 63.1326(d)(2), and the reporting requirements in 
Sec. 63.1327(a)(3), (b), and (c).
    (iv) The owner or operator shall comply with Sec. 63.1323(i) when 
process changes are made.
    (2) Comply with the requirements of this subpart for Group 1 batch 
process vents.
    (g) Group 2 batch process vents with annual emissions less than the 
level specified in Sec. 63.1323(d). The owner or operator of a Group 2 
batch process vent with annual emissions less than the level specified 
in Sec. 63.1323(d) shall comply with paragraphs (g)(1), (g)(2), (g)(3), 
or (g)(4) of this section.
    (1) The owner or operator of the affected source shall comply with 
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures emissions do not exceed the level specified in 
Sec. 63.1323(d).
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with 
Sec. 63.1335(e)(5)(iv), the owner or operator shall not charge a mass 
of HAP or material to the batch unit operation that is greater than the 
level established as the batch mass input limitation.
    (iii) The owner or operator shall comply with the recordkeeping 
requirements in Sec. 63.1326(d)(1), and the reporting requirements in 
Sec. 63.1327(a)(2), (b), and (c).
    (iv) The owner or operator of the affected source shall comply with 
Sec. 63.1323(i) when process changes are made.
    (2) Comply with the requirements of paragraph (f)(1) of this 
section;
    (3) Comply with the requirements of paragraph (f)(2) of this 
section; or
    (4) Comply with the requirements of paragraph (h) of this section.
    (h) Owners or operators of Group 2 batch process vents are not 
required to establish a batch mass input limitation if the batch 
process vent is Group 2 at the conditions specified in paragraphs 
(h)(1) and (h)(2) of this section and if the owner or operator complies 
with the recordkeeping provisions in Secs. 63.1326(a)(1) through (3), 
63.1326(a)(9), and 63.1326(a)(4) through (6) as applicable, and the 
reporting requirements in Sec. 63.1327(a)(5), (a)(6), and (b).
    (1) Emissions for the single highest-HAP recipe (considering all 
products that are produced in the batch unit operation) are used in the 
group determination; and
    (2) The group determination assumes that the batch unit operation 
is operating at the maximum design capacity of the TPPU for 12 months.

    42. Section 63.1323 is amended by:
    a. Revising paragraph (a)(1);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraphs (b)(1) and (b)(2);
    d. Revising paragraphs (b)(4)(i)(A) through (b)(4)(i)(C);
    e. Revising paragraph (b)(4)(ii)(B)(1);
    f. Revising paragraph (b)(5) introductory text;
    g. Revising paragraph (b)(5)(ii);
    h. Revising paragraph (b)(5)(iii) introductory text;
    i. Revising paragraph (b)(5)(iv);
    j. Revising paragraph (b)(5)(v) introductory text;
    k. Revising paragraph (b)(5)(v)(A);
    l. Revising paragraph (b)(6);
    m. Revising paragraph (d);
    n. Revising paragraph (e) introductory text;
    o. Revising paragraph (e)(1) introductory text;
    p. Revising paragraph (e)(1)(i);
    q. Revising paragraph (e)(1)(iii);
    r. Revising paragraphs (e)(2) and (e)(3);
    s. Revising paragraph (g);
    t. Revising paragraph (h)(1)(iii);
    u. Revising paragraph (h)(2);
    v. Revising paragraph (i);
    w. Revising paragraph (j) introductory text;
    x. Revising paragraph (j)(3); and
    y. Adding paragraph (b)(9).
    The revisions and additions read as follows:


Sec. 63.1323  Batch process vents--methods and procedures for group 
determination.

    (a) * * *
    (1) The procedures specified in paragraphs (b) through (g) of this 
section shall be followed to determine the group status of each batch 
process vent. This determination shall be made in accordance with 
either paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) An owner or operator may choose to determine the group status 
of a batch process vent based on the expected mix of products. For each 
product, emission characteristics of the single highest-HAP recipe, as 
defined in paragraph (a)(1)(iii) of this section, for that product 
shall be

[[Page 38114]]

used in the procedures in paragraphs (b) through (i) of this section.
    (ii) An owner or operator may choose to determine the group status 
of a batch process vent based on annualized production of the single 
highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this 
section, considering all products produced or processed in the batch 
unit operation. The annualized production of the highest-HAP recipe 
shall be based exclusively on the production of the single highest-HAP 
recipe of all products produced or processed in the batch unit 
operation for a 12 month period. The production level used may be the 
actual production rate. It is not necessary to assume a maximum 
production rate (i.e., 8,760 hours per year at maximum design 
production).
    (iii) The single highest-HAP recipe for a product means the recipe 
of the product with the highest total mass of HAP charged to the 
reactor during the production of a single batch of product.
* * * * *
    (b) Determination of annual emissions. The owner or operator shall 
calculate annual uncontrolled TOC or organic HAP emissions for each 
batch process vent using the methods described in paragraphs (b)(1) 
through (b)(8) of this section. To estimate emissions from a batch 
emissions episode, owners or operators may use either the emissions 
estimation equations in paragraphs (b)(1) through (b)(4) of this 
section, or direct measurement as specified in paragraph (b)(5) of this 
section. Engineering assessment may be used to estimate emissions from 
a batch emission episode only under the conditions described in 
paragraph (b)(6) of this section. In using the emissions estimation 
equations in paragraphs (b)(1) through (b)(4) of this section, 
individual component vapor pressure and molecular weight may be 
obtained from standard references. Methods to determine individual HAP 
partial pressures in multicomponent systems are described in paragraph 
(b)(9) of this section. Other variables in the emissions estimation 
equations may be obtained through direct measurement, as defined in 
paragraph (b)(5) of this section, through engineering assessment, as 
defined in paragraph (b)(6)(ii) of this section, by process knowledge, 
or by any other appropriate means. Assumptions used in determining 
these variables must be documented. Once emissions for the batch 
emission episode have been determined using either the emissions 
estimation equations, direct measurement, or engineering assessment, 
emissions from a batch cycle shall be calculated in accordance with 
paragraph (b)(7) of this section, and annual emissions from the batch 
process vent shall be calculated in accordance with paragraph (b)(8) of 
this section.
    (1) TOC or organic HAP emissions from the purging of an empty 
vessel shall be calculated using Equation 2 of this subpart. Equation 2 
of this subpart does not take into account evaporation of any residual 
liquid in the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.024

Where:
    Eepisode = Emissions, kg/episode.
    Vves = Volume of vessel, m\3\.
    P = TOC or total organic HAP partial pressure, kPa.
    MWwavg = Weighted average molecular weight of TOC or 
organic HAP in vapor, determined in accordance with paragraph 
(b)(4)(i)(D) of this section, kg/kmol.
    R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
    T = Temperature of vessel vapor space, K.
    m = Number of volumes of purge gas used.

    (2) TOC or organic HAP emissions from the purging of a filled 
vessel shall be calculated using Equation 3 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.025

Where:
    Eepisode = Emissions, kg/episode.
    y = Saturated mole fraction of all TOC or organic HAP in vapor 
phase.
    Vdr = Volumetric gas displacement rate, m\3\/min.
    P = Pressure in vessel vapor space, kPa.
    MWwavg = Weighted average molecular weight of TOC or 
organic HAP in vapor, determined in accordance with paragraph 
(b)(4)(i)(D) of this section, kg/kmol.
    R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
    T = Temperature of vessel vapor space, K.
    Pi = Vapor pressure of TOC or individual organic HAP i, 
kPa.
    xi = Mole fraction of TOC or organic HAP i in the 
liquid.
    n = Number of organic HAP in stream. Note: Summation not applicable 
if TOC emissions are being estimated.
    Tm = Minutes/episode.
* * * * *
    (4) * * *
    (i) * * *
    (A) Emissions caused by heating of a vessel shall be calculated 
using Equation 5 of this subpart. The assumptions made for this 
calculation are atmospheric pressure of 760 millimeters of mercury (mm 
Hg) and the displaced gas is always saturated with volatile organic 
compounds (VOC) vapor in equilibrium with the liquid mixture.

[[Page 38115]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.026

Where:
Eepisode = Emissions, kg/episode.
(Pi)T1, (Pi)T2 = Partial 
pressure (kPa) of TOC or each organic HAP i in the vessel headspace at 
initial (T1) and final (T2) temperature.
    n = Number of organic HAP in stream. Note: Summation not applicable 
if TOC emissions are being estimated.
     = Number of kilogram-moles (kg-moles) of gas 
displaced, determined in accordance with paragraph (b)(4)(i)(B) of this 
section.
    101.325 = Constant, kPa.
    (MWWAVG,T1), (MWWAVG,T2) = Weighted average 
molecular weight of TOC or total organic HAP in the displaced gas 
stream, determined in accordance with paragraph (b)(4)(i)(D) of this 
section, kg/kmol.
    (B) The moles of gas displaced, , is calculated 
using Equation 6 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.027

Where:
     = Number of kg-moles of gas displaced.
    Vfs = Volume of free space in the vessel, m\3\.
    R = Ideal gas constant, 8.314 m\3\kPa/kmolK.
    Pa1 = Initial noncondensible gas partial pressure in the 
vessel, kPa.
    Pa2 = Final noncondensible gas partial pressure, kPa.
    T1 = Initial temperature of vessel, K.

    T2 = Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using Equation 7 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.028

Where:
Pa = Initial or final partial pressure of noncondensible gas in the 
vessel headspace, kPa.
101.325 = Constant, kPa.
(Pi)T = Partial pressure of TOC or each organic HAP i in the 
vessel headspace, kPa, at the initial or final temperature (T1 or T2).
    n = Number of organic HAP in stream. Note: Summation not applicable 
if TOC emissions are being estimated.
* * * * *
    (ii) * * *
    (B) * * *
    (1) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
* * * * *
    (5) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. If direct measurement is used, 
the owner or operator shall either perform a test for the duration of a 
representative batch emission episode or perform a test during only 
those periods of the batch emission episode for which the emission rate 
for the entire episode can be determined or for which the emissions are 
greater than the average emission rate of the batch emission episode. 
The owner or operator choosing either of these options shall develop an 
emission profile for the entire batch emission episode, based on either 
process knowledge or test data collected, to demonstrate that test 
periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
provided the results are still relevant to the current batch process 
vent conditions. Performance tests shall follow the procedures 
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. 
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this 
section shall be used to calculate the emissions per batch emission 
episode.
* * * * *
    (ii) Annual average batch vent flow rate shall be determined as 
specified in paragraph (e) of this section.
    (iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be 
used to determine the concentration of TOC or organic HAP, as 
appropriate. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301 of 
appendix A of this part may be used. The use of Method 25A, 40 CFR part 
60, appendix A shall conform with the requirements in paragraphs 
(b)(5)(iii)(A) and (b)(5)(iii)(B) of this section.
* * * * *
    (iv) If an integrated sample is taken over the entire batch 
emission episode to determine the average batch vent concentration of 
TOC or total organic HAP, emissions shall be calculated using Equation 
9 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.029

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

[[Page 38116]]

    Th = Hours/episode
    n = Number of organic HAP in stream. Note: Summation not applicable 
if TOC emissions are being estimated using a TOC concentration measured 
using Method 25A, 40 CFR part 60, appendix A.

    (v) If grab samples are taken to determine the average batch vent 
concentration of TOC or total organic HAP, emissions shall be 
calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of 
this section.
    (A) For each measurement point, the emission rate shall be 
calculated using Equation 10 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.030

Where:
    Epoint = Emission rate for individual measurement point, 
kg/hr.
    K = Constant, 2.494  x  10--6 (ppmv)-1 (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20  deg.C.
    Cj = Concentration of TOC or sample organic HAP 
component j of the gas stream, dry basis, ppmv.
    Mj = Molecular weight of TOC or sample organic HAP 
component j of the gas stream, gm/gm-mole.
    FR = Flow rate of gas stream for the measurement point, dry basis, 
scmm.
    n = Number of organic HAP in stream. Note: Summation not applicable 
if TOC emissions are being estimated using a TOC concentration measured 
using Method 25A, 40 CFR part 60, appendix A.
* * * * *
    (6) Engineering assessment may be used to estimate emissions from a 
batch emission episode, if the criteria in paragraph (b)(6)(i) are met. 
Data or other information used to demonstrate that the criteria in 
paragraph (b)(6)(i) of this section have been met shall be reported as 
specified in paragraph (b)(6)(iii) of this section. Paragraph 
(b)(6)(ii) of this section defines engineering assessment, for the 
purposes of estimating emissions from a batch emissions episode. All 
data, assumptions, and procedures used in an engineering assessment 
shall be documented.
    (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or 
(C) are met for a specific batch emission episode, the owner or 
operator may use engineering assessment, as described in paragraph 
(b)(6)(ii) of this section, to estimate emissions from that batch 
emission episode, and the owner or operator is not required to use the 
emissions estimation equations described in paragraphs (b)(1) through 
(b)(4) of this section to estimate emissions from that batch emission 
episode.
    (A) Previous test data, where the measurement of organic HAP or TOC 
emissions was an outcome of the test, show a greater than 20 percent 
discrepancy between the test value and the value estimated using the 
applicable equations in paragraphs (b)(1) through (b)(4) of this 
section. Paragraphs (b)(6)(i)(A)(1) and (2) of this section describe 
test data that will be acceptable under this paragraph (b)(6)(i)(A).
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train, where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence 
of process steps (e.g., reaction, distillation, etc.) of the equipment 
in the other process train.
    (B) Previous test data obtained during the production of the 
product for which the demonstration is being made, for the batch 
emission episode with the highest organic HAP emissions on a mass 
basis, show a greater than 20 percent discrepancy between the test 
value and the value estimated using the applicable equations in 
paragraphs (b)(1) through (b)(4) of this section. If the criteria in 
this paragraph (b)(6)(i)(B) are met, then engineering assessment may be 
used for all batch emission episodes associated with that batch cycle 
for the batch unit operation.
    (C) The owner or operator has requested and been granted approval 
to use engineering assessment to estimate emissions from a batch 
emissions episode. The request to use engineering assessment to 
estimate emissions from a batch emissions episode shall contain 
sufficient information and data to demonstrate to the Administrator 
that engineering assessment is an accurate means of estimating 
emissions for that particular batch emissions episode. The request to 
use engineering assessment to estimate emissions for a batch emissions 
episode shall be submitted in the Precompliance Report required under 
Sec. 63.506(e)(3).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the tests are representative of 
current operating practices;
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions;
    (C) Flow rate, TOC emission rate, or organic HAP emission rate 
specified or implied within a permit limit applicable to the batch 
process vent; and
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities;
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (4) Estimation of TOC or organic HAP concentrations based on grab 
samples of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (b)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) 
of this section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met 
shall be reported in the Notification of Compliance Status, as required 
in Sec. 63.1327(a)(6).
    (B) The request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode as allowed under 
paragraph (b)(6)(i)(C) of this section, and sufficient data or other 
information for demonstrating to the Administrator that engineering 
assessment is an accurate means of estimating emissions for that 
particular batch emissions episode shall be submitted with the 
Precompliance Report, as required in Sec. 63.1335(e)(3).
* * * * *
    (9) Individual HAP partial pressures in multicomponent systems 
shall be determined using the appropriate method specified in 
paragraphs (b)(9)(i) through (b)(9)(iii) of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law are not appropriate or 
available, the owner or operator may use any of the options in 
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.

[[Page 38117]]

    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and 
use the summation of all vapor pressures from the HAPs as the total HAP 
partial pressure.
* * * * *
    (d) Minimum emission level exemption. A batch process vent with 
annual emissions of TOC or organic HAP less than 11,800 kg/yr is 
considered a Group 2 batch process vent and the owner or operator of 
said batch process vent shall comply with the requirements in 
Sec. 63.1322(f) or (g). Annual emissions of TOC or organic HAP are 
determined at the exit of the batch unit operation, as described in 
paragraph (a)(2) of this section, and are determined as specified in 
paragraph (b) of this section. The owner or operator of said batch 
process vent is not required to comply with the provisions in 
paragraphs (e) through (g) of this section.
    (e) Determination of average batch vent flow rate and annual 
average batch vent flow rate. The owner or operator shall determine the 
average batch vent flow rate for each batch emission episode in 
accordance with one of the procedures provided in paragraphs (e)(1) 
through (e)(2) of this section. The annual average batch vent flow rate 
for a batch process vent shall be calculated as specified in paragraph 
(e)(3) of this section.
    (1) Determination of the average batch vent flow rate for a batch 
emission episode by direct measurement shall be made using the 
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of 
this section.
    (i) The volumetric flow rate (FRi) for a batch emission 
episode, in standard cubic meters per minute (scmm) at 20 deg.C, shall 
be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix 
A, as appropriate.
* * * * *
    (iii) The average batch vent flow rate for a batch emission episode 
shall be calculated using Equation 14 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.031

Where:
    AFRepisode = Average batch vent flow rate for the batch 
emission episode, scmm.
    FRi = Flow rate for individual measurement i, scmm.
    n = Number of flow rate measurements taken during the batch 
emission episode.

    (2) The average batch vent flow rate for a batch emission episode 
may be determined by engineering assessment, as defined in paragraph 
(b)(6)(i) of this section. All data, assumptions, and procedures used 
shall be documented.
    (3) The annual average batch vent flow rate for a batch process 
vent shall be calculated using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.032

Where:
    AFR = Annual average batch vent flow rate for the batch process 
vent, scmm.
    DURi = Duration of type i batch emission episodes 
annually, hrs/yr.
    AFRepisode,i = Average batch vent flow rate for type i 
batch emission episode, scmm.
    n = Number of types of batch emission episodes venting from the 
batch process vent.
* * * * *
    (g) Group 1/Group 2 status determination. The owner or operator 
shall compare the cutoff flow rate, calculated in accordance with 
paragraph (f) of this section, with the annual average batch vent flow 
rate, determined in accordance with paragraph (e)(3) of this section. 
The group determination status for each batch process vent shall be 
made using the criteria specified in paragraphs (g)(1) and (g)(2) of 
this section.
    (1) If the cutoff flow rate is greater than or equal to the annual 
average batch vent flow rate of the stream, the batch process vent is 
classified as a Group 1 batch process vent.
    (2) If the cutoff flow rate is less than the annual average batch 
vent flow rate of the stream, the batch process vent is classified as a 
Group 2 batch process vent.
    (h) * * *
    (1) * * *
    (iii) Average concentration of organic compounds containing 
halogens and hydrogen halides as measured by Method 26 or 26A, 40 CFR 
part 60, appendix A.
* * * * *
    (2) The annual mass emissions of halogen atoms for a batch process 
vent shall be calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.033

Where:
    Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
    K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (minute/
yr), where standard temperature is 20  deg.C.
    AFR = Annual average batch vent flow rate of the batch process 
vent, determined according to paragraph (e) of this section, scmm.
    Mj,i = Molecular weight of halogen atom i in compound j, 
kg/kg-mole.
    Lj,i = Number of atoms of halogen i in compound j.
    n = Number of halogenated compounds j in the batch process vent.
    m = Number of different halogens i in each compound j of the batch 
process vent.

[[Page 38118]]

    Cavgj = Annual average batch vent concentration of 
halogenated compound j in the batch process vent as determined by using 
Equation 18 of this subpart, dry basis, ppmv.
[GRAPHIC] [TIFF OMITTED] TR19JN00.034

Where:
    DURi = Duration of type i batch emission episodes 
annually, hrs/yr.
    Ci = Average batch vent concentration of halogenated 
compound j in type i batch emission episode, ppmv.
    n = Number of types of batch emission episodes venting from the 
batch process vent.
* * * * *
    (i) Process changes affecting Group 2 batch process vents. Whenever 
process changes, as described in paragraph (i)(1) of this section, are 
made that affect one or more Group 2 batch process vents and that could 
reasonably be expected to change one or more Group 2 batch process 
vents to Group 1 batch process vents or that could reasonably be 
expected to reduce the batch mass input limitation for one or more 
Group 2 batch process vents, the owner or operator shall comply with 
paragraphs (i)(2) and (3) of this section.
    (1) Examples of process changes include the changes listed in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
    (i) For all batch process vents, examples of process changes 
include, but are not limited to, changes in feedstock type or catalyst 
type; or whenever there is replacement, removal, or modification of 
recovery equipment considered part of the batch unit operation as 
specified in paragraph (a)(2) of this section; or increases in 
production capacity or production rate. For purposes of this paragraph 
(i), process changes do not include: Process upsets; unintentional, 
temporary process changes; and changes that are within the margin of 
variation on which the original group determination was based.
    (ii) For Group 2 batch process vents where the group determination 
and batch mass input limitation are based on the expected mix of 
products, the situations described in paragraphs (i)(1)(ii)(A) and (B) 
of this section shall be considered to be process changes.
    (A) The production of combinations of products not considered in 
establishing the batch mass input limitation.
    (B) The production of a recipe of a product with a total mass of 
HAP charged to the reactor during the production of a single batch of 
product that is higher than the total mass of HAP for the recipe used 
as the single highest-HAP recipe for that product in the batch mass 
input limitation determination.
    (iii) For Group 2 batch process vents where the group determination 
and batch mass input limitation are based on the single highest-HAP 
recipe (considering all products produced or processed in the batch 
unit operation), the production of a recipe having a total mass of HAP 
charged to the reactor (during the production of a single batch of 
product) that is higher than the total mass of HAP for the highest-HAP 
recipe used in the batch mass input limitation determination shall be 
considered to be a process change.
    (2) For each batch process vent affected by a process change, the 
owner or operator shall redetermine the group status by repeating the 
procedures specified in paragraphs (b) through (g) of this section, as 
applicable; alternatively, engineering assessment, as described in 
paragraph (b)(6)(i) of this section, may be used to determine the 
effects of the process change.
    (3) Based on the results from paragraph (i)(2) of this section, 
owners or operators of affected sources shall comply with either 
paragraph (i)(3)(i), (ii), or (iii) of this section.
    (i) If the group redetermination described in paragraph (i)(2) of 
this section indicates that a Group 2 batch process vent has become a 
Group 1 batch process vent as a result of the process change, the owner 
or operator shall submit a report as specified in Sec. 63.1327(b) and 
shall comply with the Group 1 provisions in Secs. 63.1322 through 
63.1327 in accordance with Sec. 63.1310(i)(2)(ii) or (i)(2)(iii), as 
applicable.
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch process vent with annual 
emissions less than the level specified in paragraph (d) of this 
section, that is in compliance with Sec. 63.1322(g), now has annual 
emissions greater than or equal to the level specified in paragraph (d) 
of this section but remains a Group 2 batch process vent, the owner or 
operator shall comply with the provisions in paragraphs (i)(3)(ii)(A) 
through (C) of this section.
    (A) Redetermine the batch mass input limitation;
    (B) Submit a report as specified in Sec. 63.1327(c); and
    (C) Comply with Sec. 63.1322(f), beginning with the year following 
the submittal of the report submitted according to paragraph 
(i)(3)(ii)(B) of this section.
    (iii) If the group redetermination described in paragraph (i)(2) of 
this section indicates no change in group status or no change in the 
relation of annual emissions to the levels specified in paragraph (d) 
of this section, the owner or operator shall comply with paragraphs 
(i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
    (A) The owner or operator shall redetermine the batch mass input 
limitation; and
    (B) The owner or operator shall submit the new batch mass input 
limitation in accordance with Sec. 63.1327(c).
    (j) Process changes to new SAN affected sources using a batch 
process. Whenever process changes, as described in paragraph (j)(1) of 
this section, are made to a new affected source producing SAN using a 
batch process that could reasonably be expected to adversely impact the 
compliance status (i.e., achievement of 84 percent emission reduction) 
of the affected source, the owner or operator shall comply with 
paragraphs (j)(2) and (3) of this section.
* * * * *
    (3) Where the redetermined percent reduction is less than 84 
percent, the owner or operator of the affected source shall submit a 
report as specified in Sec. 63.1327(d) and shall comply with 
Sec. 63.1322(a)(3) and all associated provisions in accordance with 
Sec. 63.1310(i).
    43. Section 63.1324 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a) introductory text;
    c. Revising paragraph (a)(2);
    d. Revising paragraph (c) introductory text;
    e. Revising paragraph (c)(4)(ii);
    f. Revising paragraph (c)(7);
    g. Revising paragraph (d) introductory text;
    h. Revising paragraph (e) introductory text;
    i. Revising paragraph (e)(2);
    j. Revising paragraph (f)(1) introductory text;
    k. Revising paragraph (f)(1)(ii);
    l. Revising paragraph (f)(3); and
    m. Removing paragraph (e)(3).
    The revisions read as follows:


Sec. 63.1324  Batch process vents--monitoring equipment.

    (a) General requirements. Each owner or operator of a batch process 
vent or aggregate batch vent stream that uses a control device to 
comply with the requirements in Sec. 63.1322(a) or

[[Page 38119]]

Sec. 63.1322(b), shall install the monitoring equipment specified in 
paragraph (c) of this section. All monitoring equipment shall be 
installed, calibrated, maintained, and operated according to 
manufacturer's specifications or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
* * * * *
    (2) Except as otherwise provided in this subpart, the owner or 
operator shall operate control devices such that the daily average of 
monitored parameters, established as specified in paragraph (f) of this 
section, remains above the minimum level or below the maximum level, as 
appropriate.
* * * * *
    (c) Batch process vent and aggregate batch vent stream monitoring 
equipment. The monitoring equipment specified in paragraphs (c)(1) 
through (c)(8) of this section shall be installed as specified in 
paragraph (a) of this section. The parameters to be monitored are 
specified in Table 7 of this subpart.
* * * * *
    (4) * * *
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the procedures specified in 
paragraphs (c)(4)(ii)(A) through (c)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that 
was conducted prior to the compliance date for this subpart may be 
utilized to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least 
provide a value for either a representative or the highest gas stream 
flow anticipated in the scrubber during representative operating 
conditions other than start-ups, shutdowns, or malfunctions. The plan 
shall include a description of the methodology to be followed and an 
explanation of how the selected methodology will reliably determine the 
gas stream flow, and a description of the records that will be 
maintained to document the determination of gas stream flow. The owner 
or operator shall maintain the plan as specified in Sec. 63.1335(a).
* * * * *
    (7) Where a carbon adsorber is used, an integrating regeneration 
steam flow or nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or 
pressure, or better, capable of recording the total regeneration steam 
flow or nitrogen flow, or pressure (gauge or absolute) for each 
regeneration cycle; and a carbon bed temperature monitoring device, 
capable of recording the carbon bed temperature after each regeneration 
and within 15 minutes of completing any cooling cycle are required.
* * * * *
    (d) Alternative monitoring parameters. An owner or operator of a 
batch process vent or aggregate batch vent stream may request approval 
to monitor parameters other than those required by paragraph (c) of 
this section. The request shall be submitted according to the 
procedures specified in Sec. 63.1327(f) and Sec. 63.1335(f). Approval 
shall be requested if the owner or operator:
* * * * *
    (e) Monitoring of bypass lines. Owners or operators of a batch 
process vent or aggregate batch vent stream using a vent system that 
contains bypass lines that could divert emissions away from a control 
device used to comply with Sec. 63.1322(a) or Sec. 63.1322(b) shall 
comply with either paragraph (e)(1) or (e)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph (e).
* * * * *
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in 
the non-diverting position and emissions are not diverted through the 
bypass line. Records shall be generated as specified in 
Sec. 63.1326(e)(4).
    (f)* * *
    (1) For each parameter monitored under paragraph (c) or (d) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 8 
of this subpart, that indicates proper operation of the control device. 
The level shall be established in accordance with the procedures 
specified in Sec. 63.1334. The level may be based upon a prior 
performance test conducted for determining compliance with a regulation 
promulgated by EPA, and the owner or operator is not required to 
conduct a performance test under Sec. 63.1325, provided that the prior 
performance test meets the conditions of Sec. 63.1325(b)(3).
* * * * *
    (ii) For aggregate batch vent streams using a control device to 
comply with Sec. 63.1322(b)(2), the established level shall reflect the 
applicable emission reduction requirement specified in 
Sec. 63.1322(b)(2).
* * * * *
    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (f)(2) of this section. The definition of operating day 
shall specify the time(s) at which an operating day begins and ends. 
The operating day shall not exceed 24 hours.
* * * * *
    44. Section 63.1325 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (b)(3);
    d. Revising paragraph (b)(5);
    e. Revising paragraph (c) introductory text;
    f. Revising paragraph (c)(1)(i)(A);
    g. Revising paragraph (c)(1)(i)(B) introductory text;
    h. Revising paragraph (c)(1)(i)(C);
    i. Revising paragraph (c)(1)(i)(D) introductory text;
    j. Revising paragraph (c)(1)(ii);
    k. Revising paragraph (c)(1)(iii) introductory text;
    l. Revising paragraph (c)(1)(iii)(A);
    m. Revising paragraph (c)(1)(v);
    n. Revising paragraph (c)(2) introductory text;
    o. Revising paragraph (d)(1);
    p. Revising paragraph (d)(2)(ii);
    q. Revising paragraphs (d)(3) and (d)(4);
    r. Revising paragraph (e);
    s. Revising paragraph (g); and
    t. Removing paragraph (b)(6).
    The revisions read as follows:


Sec. 63.1325  Batch process vents--performance test methods and 
procedures to determine compliance.

    (a) Use of a flare. When a flare is used to comply with 
Sec. 63.1322(a)(1),

[[Page 38120]]

Sec. 63.1322(a)(3), Sec. 63.1322(b)(1), or Sec. 63.1322(b)(3), the 
owner or operator of an affected source shall comply with 
Sec. 63.1333(e).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a control device specified 
in paragraphs (b)(1) through (b)(5) of this section is used to comply 
with Sec. 63.1322(a)(2) or (a)(3).
* * * * *
    (3) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same Methods specified in this section and 
either no deliberate process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes. Recovery devices used for 
controlling emissions from continuous process vents complying with 
Sec. 63.1322(a)(3) are also eligible for the exemption described in 
this paragraph (b)(3).
* * * * *
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (c) Batch process vent testing and procedures for compliance with 
Sec. 63.1322(a)(2). Except as provided in paragraph (a) or (b) of this 
section, an owner or operator using a control device to comply with 
Sec. 63.1322(a)(2) shall conduct a performance test using the 
procedures specified in paragraph (c)(1) of this section in order to 
determine the control efficiency of the control device. An owner or 
operator shall determine the percent reduction for the batch cycle 
using the control efficiency of the control device as specified in 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section and the 
procedures specified in paragraph (c)(2) of this section. Compliance 
may be based on either total organic HAP or TOC. For purposes of this 
paragraph (c), the term ``batch emission episode'' shall have the 
meaning ``period of the batch emission episode selected for control,'' 
which may be the entire batch emission episode or may only be a portion 
of the batch emission episode.
    (1)* * *
    (i) * * *
    (A) Alternatively, an owner or operator may choose to test only 
those periods of the batch emission episode during which the emission 
rate for the entire episode can be determined or during which the 
emissions are greater than the average emission rate of the batch 
emission episode. The owner or operator choosing either of these 
options shall develop an emission profile for the entire batch emission 
episode, based on either process knowledge or test data collected, to 
demonstrate that test periods are representative. Examples of 
information that could constitute process knowledge include 
calculations based on material balances and process stoichiometry. 
Previous test results may be used provided the results are still 
relevant to the current batch process vent conditions.
    (B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube, except that references to particulate matter in 
Method 1A do not apply for the purposes of this subpart. No traverse is 
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to 
determine gas stream volumetric flow rate. Inlet sampling sites shall 
be located as specified in paragraphs (c)(1)(i)(B)(1) and 
(c)(1)(i)(B)(2) of this section. Outlet sampling sites shall be located 
at the outlet of the control device prior to release to the atmosphere.
* * * * *
    (C) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec. 63.1323(e).
    (D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be 
used to determine the concentration of organic HAP or TOC, as 
appropriate. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301 of 
appendix A of this part may be used. The use of Method 25A, 40 CFR part 
60, appendix A shall conform with the requirements in paragraphs 
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
* * * * *
    (ii) If an integrated sample is taken over the entire test period 
to determine average batch vent concentration of TOC or total organic 
HAP, emissions per batch emission episode shall be calculated using 
Equations 19 and 20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.035

[GRAPHIC] [TIFF OMITTED] TR19JN00.036

Where:
    Eepisode=Inlet or outlet emissions, kg/episode.
    K=Constant, 2.494 x 10-\6\ (ppmv)-\1\ (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20  deg.C.
    Cj=Average inlet or outlet concentration of TOC or 
sample organic HAP component j of the gas stream for the batch emission 
episode, dry basis, ppmv.
    Mj=Molecular weight of TOC or sample organic HAP 
component j of the gas stream, gm/gm-mole.
    AFR = Average inlet or outlet flow rate of gas stream for the batch 
emission episode, dry basis, scmm.
    Th=Hours/episode.
    n=Number of organic HAP in stream. Note: Summation is not 
applicable if TOC emissions are being estimated using a TOC 
concentration measured using Method 25A, 40 CFR part 60, appendix A.

    (iii) If grab samples are taken to determine average batch vent 
concentration of TOC or total organic HAP, emissions shall be 
calculated according to paragraphs (c)(1)(iii)(A) and (B) of this 
section.

[[Page 38121]]

    (A) For each measurement point, the emission rates shall be 
calculated using Equations 21 and 22 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR19JN00.037

[GRAPHIC] [TIFF OMITTED] TR19JN00.038

Where:
    Epoint=Inlet or outlet emission rate for the measurement 
point, kg/hr.
    K=Constant, 2.494  x  10-\6\ (ppmv)-\1\ (gm-
mole/scm) (kg/gm) (min/hr), where standard temperature is 20 \-o\C.
    Cj=Inlet or outlet concentration of TOC or sample 
organic HAP component j of the gas stream, dry basis, ppmv.
    Mj=Molecular weight of TOC or sample organic HAP 
component j of the gas stream, gm/gm-mole.
    FR=Inlet or outlet flow rate of gas stream for the measurement 
point, dry basis, scmm.
    n=Number of organic HAP in stream. Note: Summation is not 
applicable if TOC emissions are being estimated using a TOC 
concentration measured using Method 25A, 40 CFR part 60, appendix A.
* * * * *
    (v) If the batch process vent entering a boiler or process heater 
with a design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic HAP or TOC across the device shall be determined by 
comparing the TOC or total organic HAP in all combusted batch process 
vents and primary and secondary fuels with the TOC or total organic 
HAP, respectively, exiting the combustion device.
    (2) The percent reduction for the batch cycle shall be determined 
using Equation 26 of this subpart and the control device efficiencies 
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. 
All information used to calculate the batch cycle percent reduction, 
including a definition of the batch cycle identifying all batch 
emission episodes, shall be recorded as specified in 
Sec. 63.1326(b)(2). This information shall include identification of 
those batch emission episodes, or portions thereof, selected for 
control.
[GRAPHIC] [TIFF OMITTED] TR19JN00.039

Where:
    PR = Percent reduction
    Eunc = Mass rate of TOC or total organic HAP for 
uncontrolled batch emission episode i, kg/hr.
    Einlet,con = Mass rate of TOC or total organic HAP for 
controlled batch emission episode i at the inlet to the control device, 
kg/hr.
    R = Control efficiency of control device as specified in paragraphs 
(c)(2)(i) through (c)(2)(iii) of this section.
    n = Number of uncontrolled batch emission episodes, controlled 
batch emission episodes, and control devices. The value of n is not 
necessarily the same for these three items.
* * * * *
    (d) * * *
    (1) Sampling sites shall be located at the inlet and outlet of the 
scrubber or other halogen reduction device used to reduce halogen 
emissions in complying with Sec. 63.1322(c)(1) or at the outlet of the 
halogen reduction device used to reduce halogen emissions in complying 
with Sec. 63.1322(c)(2).
    (2) * * *
    (ii) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec. 63.1323(e).
    (3) To determine compliance with the percent reduction specified in 
Sec. 63.1322(c)(1), the mass emissions for any hydrogen halides and 
halogens present at the inlet of the scrubber or other halogen 
reduction device shall be summed together. The mass emissions of any 
hydrogen halides or halogens present at the outlet of the scrubber or 
other halogen reduction device shall be summed together. Percent 
reduction shall be determined by subtracting the outlet mass emissions 
from the inlet mass emissions and then dividing the result by the inlet 
mass emissions and multiplying by 100.
    (4) To determine compliance with the emission limit specified in 
Sec. 63.1322(c)(2), the annual mass emissions for any hydrogen halides 
and halogens present at the outlet of the halogen reduction device and 
prior to any combustion device shall be summed together and compared to 
the emission limit specified in Sec. 63.1322(c)(2).
* * * * *
    (e) Aggregate batch vent stream testing for compliance with 
Sec. 63.1322(b)(2) or (b)(3). Except as specified in paragraphs (e)(1) 
through (e)(3) of this section, owners or operators of aggregate batch 
vent streams complying with Sec. 63.1322(b)(2) or (b)(3) shall conduct 
a performance test using the performance testing procedures for 
continuous process vents in Sec. 63.116(c).
    (1) For purposes of this subpart, when the provisions of 
Sec. 63.116(c) specify that Method 18, 40 CFR part 60, appendix A, 
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may 
be used. The use of Method 25A, 40

[[Page 38122]]

CFR part 60, appendix A, shall conform with the requirements in 
paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (2) When Sec. 63.116(c)(4) refers to complying with an emission 
reduction of 98 percent, for purposes of this subpart, the 90 percent 
reduction requirement specified in Sec. 63.1322(b)(2) shall apply.
* * * * *
    (g) Batch mass input limitation. The batch mass input limitation 
required by Sec. 63.1322(g)(1) shall be determined by the owner or 
operator such that annual emissions for the batch process vent remain 
less than the level specified in Sec. 63.1323(d). The batch mass input 
limitation required by Sec. 63.1322(f)(1) shall be determined by the 
owner or operator such that annual emissions remain at a level that 
ensures that said batch process vent remains a Group 2 batch process 
vent, given the actual annual flow rate for said batch process vent 
determined according to the procedures specified in Sec. 63.1323(e)(3). 
The batch mass input limitation shall be determined using the same 
basis, as described in Sec. 63.1323(a)(1), used to make the group 
determination (i.e., expected mix of products or highest-HAP recipe.) 
The establishment of the batch mass input limitation is not dependent 
upon any past production or activity level.
    (1) If the expected mix of products serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based on any foreseeable combination of products that the 
owner or operator expects to manufacture.
    (2) If the single highest-HAP recipe serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based solely on the production of the single highest-HAP 
recipe, considering all products produced or processed in the batch 
unit operation.
    45. Section 63.1326 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraphs (a)(1) and (a)(2);
    c. Revising paragraph (a)(3)(i);
    d. Revising paragraph (a)(4);
    e. Revising paragraphs (a)(7) through (a)(9);
    f. Revising paragraph (b) introductory text;
    g. Revising paragraph (b)(2);
    h. Revising paragraphs (b)(3)(ii) and (b)(3)(iii);
    i. Revising paragraph (b)(4)(iv);
    j. Revising paragraphs (d)(1) and (d)(2);
    k. Revising paragraph (e) introductory text;
    l. Revising paragraphs (e)(1)(i) and (e)(1)(ii);
    m. Revising paragraph (e)(2) introductory text;
    n. Revising paragraph (e)(2)(ii);
    o. Revising paragraph (e)(4);
    p. Revising paragraph (f); and
    q. Adding paragraph (g).
    The revisions and additions read as follows:


Sec. 63.1326  Batch process vents--recordkeeping provisions.

    (a) Group determination records for batch process vents. Except as 
provided in paragraphs (a)(7) and (a)(8) of this section, each owner or 
operator of an affected source shall maintain the records specified in 
paragraphs (a)(1) through (a)(6) of this section for each batch process 
vent subject to the group determination procedures of Sec. 63.1323. 
Except for paragraph (a)(1) of this section, the records required by 
this paragraph (a) are restricted to the information developed and used 
to make the group determination under Secs. 63.1323(b) through 
63.1323(g), as appropriate. If an owner or operator did not need to 
develop certain information (e.g., annual average batch vent flow rate) 
to determine the group status, this paragraph (a) does not require that 
additional information be developed. Paragraph (a)(9) of this section 
specifies the recordkeeping requirements for Group 2 batch process 
vents that are exempt from the batch mass input limitation provisions, 
as allowed under Sec. 63.1322(h).
    (1) An identification of each unique product that has emissions 
from one or more batch emission episodes venting from the batch process 
vent, along with an identification of the single highest-HAP recipe for 
each product and the mass of HAP fed to the reactor for that recipe.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this 
section, as appropriate.
    (i) If the group determination is based on the expected mix of 
products, records shall include the emission estimates for the single 
highest-HAP recipe of each unique product identified in paragraph 
(a)(1) of this section that was considered in making the group 
determination under Sec. 63.1323.
    (ii) If the group determination is based on the single highest-HAP 
recipe (considering all products produced or processed in the batch 
unit operation), records shall include the emission estimates for the 
single highest-HAP recipe.
    (3) * * *
    (i) For Group 2 batch process vents, said emissions shall be 
determined at the batch mass input limitation.
* * * * *
    (4) The annual average batch vent flow rate for the batch process 
vent, determined in accordance with Sec. 63.1323(e).
* * * * *
    (7) If a batch process vent is subject to Sec. 63.1322(a) or (b), 
none of the records in paragraphs (a)(1) through (a)(6) of this section 
are required.
    (8) If the total annual emissions from the batch process vent 
during the group determination are less than the appropriate level 
specified in Sec. 63.1323(d), only the records in paragraphs (a)(1) 
through (a)(3) of this section are required.
    (9) For each Group 2 batch process vent that is exempt from the 
batch mass input limitation provisions because it meets the criteria of 
Sec. 63.1322(h), the records specified in paragraphs (a)(9)(i) and (ii) 
shall be maintained.
    (i) Documentation of the maximum design capacity of the TPPU; and
    (ii) The mass of HAP or material that can be charged annually to 
the batch unit operation at the maximum design capacity.
    (b) Compliance demonstration records. Each owner or operator of a 
batch process vent or aggregate batch vent stream complying with 
Sec. 63.1322(a) or (b), shall keep the following records, as 
applicable, readily accessible:
* * * * *
    (2) If the owner or operator of a batch process vent has chosen to 
comply with Sec. 63.1322(a)(2), records documenting the batch cycle 
percent reduction as specified in Sec. 63.1325(c)(2); and
    (3) * * *
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during 
the compliance determination required by Sec. 63.1333(e); and
    (iii) Periods when all pilot flames were absent.
    (4) * * *

[[Page 38123]]

    (iv) For a scrubber or other halogen reduction device following a 
combustion device to control halogenated batch process vents or 
halogenated aggregate batch vent streams, the percent reduction of 
total hydrogen halides and halogens as determined under 
Sec. 63.1325(d)(3) or the emission limit determined under 
Sec. 63.1325(d)(4).
* * * * *
    (d) * * *
    (1) The owner or operator of a Group 2 batch process vent that has 
chosen to comply with Sec. 63.1322(g) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.1322(g)(1) and specified in Sec. 63.1325(g).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (2) The owner or operator of a Group 2 batch process vent that has 
chosen to comply with Sec. 63.1322(f) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.1322(f)(1) and specified in Sec. 63.1325(g).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (e) Controlled batch process vent continuous compliance records. 
Each owner or operator of a batch process vent that has chosen to use a 
control device to comply with Sec. 63.1322(a) shall keep the following 
records, as applicable, readily accessible:
    (1) * * *
    (i) For flares, the records specified in Table 7 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 7 of this 
subpart shall be maintained in place of batch cycle daily averages.
    (2) Records of the batch cycle daily average value of each 
continuously monitored parameter, except as provided in paragraph 
(e)(2)(iii) of this section, as calculated using the procedures 
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
* * * * *
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle 
daily averages. In addition, monitoring data recorded during periods of 
non-operation of the TPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions, or periods of start-up, shutdown, 
or malfunction shall not be included in computing the batch cycle daily 
averages.
* * * * *
    (4) Where a seal or closure mechanism is used to comply with 
Sec. 63.1324(e)(2), hourly records of whether a diversion was detected 
at any time are not required. The owner or operator shall record 
whether the monthly visual inspection of the seals or closure 
mechanisms has been done, and shall record the occurrence of all 
periods when the seal mechanism is broken, the bypass line damper or 
valve position has changed, or the key for a lock-and-key type 
configuration has been checked out, and records of any car-seal that 
has broken.
* * * * *
    (f) Aggregate batch vent stream continuous compliance records. In 
addition to the records specified in paragraphs (b) and (c) of this 
section, each owner or operator of an aggregate batch vent stream using 
a control device to comply with Sec. 63.1322(b)(1) or (b)(2) shall keep 
the following records readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.1324(c) and listed in Table 7 
of this subpart, as applicable, or specified by the Administrator in 
accordance with Sec. 63.1327(f), as allowed under Sec. 63.1324(d), with 
the exceptions listed in (f)(1)(i) and (f)(1)(ii) of this section.
    (i) For flares, the records specified in Table 7 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 7 of this 
subpart shall be maintained in place of daily averages.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.1335(d).
    (3) For demonstrating compliance with the monitoring of bypass 
lines as specified in Sec. 63.1324(e), records as specified in 
paragraphs (e)(3) or (e)(4) of this section, as appropriate.
    (g) Documentation supporting the establishment of the batch mass 
input limitation shall include the information specified in paragraphs 
(g)(1) through (g)(5) of this section, as appropriate.
    (1) Identification of whether the purpose of the batch mass input 
limitation is to comply with Sec. 63.1322(f)(1) or (g)(1).
    (2) Identification of whether the batch mass input limitation is 
based on the single highest-HAP recipe (considering all products) or on 
the expected mix of products for the batch process vent as allowed 
under Sec. 63.1323(a)(1).
    (3) Definition of the operating year, for the purposes of 
determining compliance with the batch mass input limitation.
    (4) If the batch mass input limitation is based on the expected mix 
of products, the owner or operator shall provide documentation that 
describes as many scenarios for differing mixes of products (i.e., how 
many of each type of product) as the owner or operator desires the 
flexibility to accomplish. Alternatively, the owner or operator shall 
provide a description of the relationship among the mix of products 
that will allow a determination of compliance with the batch mass input 
limitation under any number of scenarios.
    (5) The mass of HAP or material allowed to be charged to the batch 
unit operation per year under the batch mass input limitation.
    46. Section 63.1327 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (b);
    c. Revising paragraph (c) introductory text;
    d. Revising paragraph (c)(2);
    e. Revising paragraph (d);
    f. Revising paragraph (e);
    g. Revising paragraph (g);
    h. Removing paragraph (c)(3);
    i. Adding paragraph (a)(5); and
    j. Adding paragraph (a)(6).
    The revisions and additions read as follows:


Sec. 63.1327  Batch process vents--reporting requirements.

    (a) The owner or operator of a batch process vent or aggregate 
batch vent stream at an affected source shall submit the information 
specified in paragraphs (a)(1) through (a)(6) of this section, as 
appropriate, as part of the Notification of Compliance Status specified 
in Sec. 63.1335(e)(5).
* * * * *
    (5) For each Group 2 batch process vent that is exempt from the 
batch mass input limitation provisions because it meets the criteria of 
Sec. 63.1322(h), the information specified in Sec. 63.1326(a)(1) 
through (3), and the information specified in Sec. 63.1326(a)(4) 
through (6) as applicable, calculated at the conditions specified in 
Sec. 63.1322(h).
    (6) When engineering assessment has been used to estimate emissions 
from a batch emissions episode and the criteria specified in 
Sec. 63.1323(b)(6)(i)(A) or (B) have been met, the owner or operator 
shall submit the information

[[Page 38124]]

demonstrating that the criteria specified in Sec. 63.1323(b)(6)(i)(A) 
or (B) have been met as part of the Notification of Compliance Status 
required by Sec. 63.1335(e)(5).
    (b) Whenever a process change, as defined in Sec. 63.1323(i)(1), is 
made that causes a Group 2 batch process vent to become a Group 1 batch 
process vent, the owner or operator shall notify the Administrator and 
submit a description of the process change within 180 days after the 
process change is made or with the next Periodic Report, whichever is 
later. The owner or operator of an affected source shall comply with 
the Group 1 batch process vent provisions in Secs. 63.1321 through 
63.1327 in accordance with Sec. 63.480(i)(2)(ii).
    (c) Whenever a process change, as defined in Sec. 63.1323(i)(1), is 
made that causes a Group 2 batch process vent with annual emissions 
less than the level specified in Sec. 63.1323(d) for which the owner or 
operator has chosen to comply with Sec. 63.1322(g) to have annual 
emissions greater than or equal to the level specified in 
Sec. 63.1323(d) but remains a Group 2 batch process vent, or if a 
process change is made that requires the owner or operator to 
redetermine the batch mass input limitation as specified in 
Sec. 63.1323(i)(3), the owner or operator shall submit a report within 
180 days after the process change is made or with the next Periodic 
Report, whichever is later. The following information shall be 
submitted:
* * * * *
    (2) The batch mass input limitation determined in accordance with 
Sec. 63.1322(f)(1).
    (d) Whenever a process change, as defined in Sec. 63.1323(j)(1), is 
made that could potentially cause the percent reduction for all process 
vents at a new SAN affected source using a batch process to be less 
than 84 percent, the owner or operator shall notify the Administrator 
and submit a description of the process change within 180 days after 
the process change is made or with the next Periodic Report, whichever 
is later. The owner or operator shall comply with Sec. 63.1322(a)(3) 
and all associated provisions in accordance with Sec. 63.1310(i).
    (e) The owner or operator is not required to submit a report of a 
process change if one of the conditions specified in paragraphs (e)(1) 
or (e)(2) of this section is met.
    (1) The change does not meet the description of a process change in 
Sec. 63.1323(i) or (j).
    (2) The redetermined group status remains Group 2 for an individual 
batch process vent with annual emissions greater than or equal to the 
level specified in Sec. 63.1323(d) and the batch mass input limitation 
does not decrease, a Group 2 batch process vent with annual emissions 
less than the level specified in Sec. 63.1323(d) complying with 
Sec. 63.1322(g) continues to have emissions less than the level 
specified in Sec. 63.1323(d) and the batch mass input limitation does 
not decrease, or the achieved emission reduction remains at 84 percent 
or greater for new SAN affected sources using a batch process.
* * * * *
    (g) Owners or operators of affected sources complying with 
Sec. 63.1324(e), shall comply with paragraph (g)(1) or (g)(2) of this 
section, as appropriate.
    (1) Submit reports of the times of all periods recorded under 
Sec. 63.1326(e)(3) when the batch process vent is diverted from the 
control device through a bypass line, with the next Periodic Report.
    (2) Submit reports of all occurrences recorded under 
Sec. 63.1326(e)(4) in which the seal mechanism is broken, the bypass 
line damper or valve position has changed, or the key to unlock the 
bypass line damper or valve was checked out, with the next Periodic 
Report.
    47. Section 63.1328 is revised to read as follows:


Sec. 63.1328  Heat exchange systems provisions.

    (a) Except as specified in paragraph (b) of this section, each 
owner or operator of an affected source shall comply with Sec. 63.104, 
with the differences noted in paragraphs (c) through (h) of this 
section, for the purposes of this subpart.
    (b) The provisions of paragraph (a) of this section do not apply to 
each process contact cooling tower that is associated with an existing 
affected source manufacturing PET.
    (c) When the term ``chemical manufacturing process unit'' is used 
in Sec. 63.104, the term ``thermoplastic product process unit'' shall 
apply for purposes of this subpart, with the exception noted in 
paragraph (d) of this section.
    (d) When the phrase ``a chemical manufacturing process unit meeting 
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart, 
except for chemical manufacturing process units meeting the condition 
specified in Sec. 63.100(c) of this subpart'' is used in 
Sec. 63.104(a), the term ``a TPPU, except for TPPUs meeting the 
condition specified in Sec. 63.1310(b)'' shall apply for purposes of 
this subpart.
    (e) When Sec. 63.104 refers to Table 4 of subpart F of this part or 
Table 9 of subpart G of this part, the owner or operator is only 
required to consider organic HAP listed on Table 6 of this subpart, 
except for ethylene glycol which need not be considered under this 
section, for purposes of this subpart.
    (f) When Sec. 63.104(c)(3) specifies 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 requirements in Secs. 63.1335(a) 
and 63.1335(h) shall apply, for purposes of this subpart.
    (g) When Sec. 63.104(f)(2) requires information to be reported in 
the Periodic Reports required by Sec. 63.152(c), the owner or operator 
shall instead report the information specified in Sec. 63.104(f)(2) in 
the Periodic Reports required by Sec. 63.1335(e)(6), for the purposes 
of this subpart.
    (h) The compliance date for heat exchange systems subject to the 
provisions of this section is specified in Sec. 63.1311.
    48. Section 63.1329 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (c) introductory text;
    c. Revising paragraphs (c)(1)(i) through (c)(1)(iii); and
    d. Revising paragraph (c)(2).
    The revisions read as follows:


Sec. 63.1329  Process contact cooling towers provisions.

    (a) The owner or operator of each new affected source that 
manufactures PET is required to comply with paragraph (b) of this 
section. The owner or operator of each existing affected source that 
manufactures PET using a continuous terephthalic acid high viscosity 
multiple end finisher process that utilizes a process contact cooling 
tower shall comply with paragraph (c) of this section, and is not 
required to comply with paragraph (b) of this section. The compliance 
date for process contact cooling towers subject to the provisions of 
this section is specified in Sec. 63.1311.
* * * * *
    (c) Existing affected source requirements. The owner or operator of 
an existing affected source subject to this section who manufactures 
PET using a continuous terephthalic acid high viscosity multiple end 
finisher process, and who is subject or becomes subject to 40 CFR part 
60, subpart DDD, shall maintain an ethylene glycol concentration in the 
process contact cooling tower at or below 4.0 percent by weight 
averaged on a daily basis over a rolling 14-day period of operating 
days. Compliance with this paragraph (c)

[[Page 38125]]

shall be determined as specified in paragraphs (c)(1) through (c)(4) of 
this section. It should be noted that compliance with this paragraph 
(c) does not exempt owners or operators from complying with the 
provisions of Sec. 63.1330 for those process wastewater streams that 
are sent to the process contact cooling tower.
    (1) * * *
    (i) At least one sample per operating day shall be collected using 
the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene 
glycol concentration by weight shall be calculated on a daily basis 
over a rolling 14-day period of operating days. Each daily average 
ethylene glycol concentration so calculated constitutes a performance 
test.
    (ii) The owner or operator may elect to reduce the sampling program 
to any 14 consecutive operating day period once every two calendar 
months, if at least seventeen consecutive 14-day rolling average 
concentrations immediately preceding the reduced sampling program are 
each less than 1.2 weight percent ethylene glycol. If the average 
concentration obtained over the 14 operating day sampling during the 
reduced test period exceeds the upper 95 percent confidence interval 
calculated from the most recent test results in which no one 14-day 
average exceeded 1.2 weight percent ethylene glycol, then the owner or 
operator shall reinstitute a daily sampling program. The 95 percent 
confidence interval shall be calculated as specified in paragraph 
(c)(1)(iii) of this section. A reduced program may be reinstituted if 
the requirements specified in this paragraph (c)(1)(ii) are met.
    (iii) The upper 95 percent confidence interval shall be calculated 
using the Equation 27 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR19JN00.040

Where:
    CI95 = 95 percent confidence interval
    Xi = daily ethylene glycol concentration for each 
operating day used to calculate each 14-day rolling average used in 
test results to justify implementing the reduced testing program.
    n = number of ethylene glycol concentrations.

    (2) Measuring an alternative parameter, such as carbon oxygen 
demand or biological oxygen demand, that is demonstrated to be directly 
proportional to the ethylene glycol concentration shall be allowed. 
Such parameter shall be measured during the initial 14-day performance 
test during which the facility is shown to be in compliance with the 
ethylene glycol concentration standard whereby the ethylene glycol 
concentration is determined using the procedures described in paragraph 
(c)(1) of this section. The alternative parameter shall be measured on 
a daily basis and the average value of the alternative parameter shall 
be calculated on a daily basis over a rolling 14-day period of 
operating days. Each daily average value of the alternative parameter 
constitutes a performance test.
* * * * *
    49. Section 63.1330 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b); and
    c. Adding paragraph (c).
    The revisions and additions read as follows:


Sec. 63.1330  Wastewater provisions.

    (a) Except as specified in paragraphs (d) and (e) of this section, 
the owner or operator of each affected source shall comply, as 
specified in paragraph (b) of this section, with the requirements of 
Secs. 63.132 through 63.147 for each process wastewater stream 
originating at an affected source, with the requirements of Sec. 63.148 
for leak inspection provisions, and with the requirements of 
Sec. 63.149 for equipment that is subject to Sec. 63.149. Further, the 
owner or operator of each affected source shall comply with the 
requirements of Sec. 63.105(a) for maintenance wastewater as specified 
in paragraph (c) of this section.
    (b) The owner or operator of each affected source shall comply with 
the requirements of Secs. 63.132 through 63.149, with the differences 
noted in paragraphs (b)(1) through (b)(22) of this section for the 
purposes of this subpart.
    (1) When the determination of equivalence criteria in 
Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the 
provisions in Sec. 63.6(g) shall apply for the purposes of this 
subpart.
    (2) When the storage vessel requirements contained in Secs. 63.119 
through 63.123 are referred to in Secs. 63.132 through 63.149, 
Secs. 63.119 through 63.123 are applicable, with the exception of the 
differences referred to in Sec. 63.1314, for the purposes of this 
subpart.
    (3) When Sec. 63.146(a) requires the submission of a request for 
approval to monitor alternative parameters according to the procedures 
specified in Sec. 63.151(f) or (g), owners or operators requesting to 
monitor alternative parameters shall follow the procedures specified in 
Sec. 63.1335(f) for the purposes of this subpart.
    (4) When Sec. 63.147(d) requires owners or operators to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec. 63.152(f), owners 
and operators shall instead keep records of the daily average value of 
each continuously monitored parameter as specified in Sec. 63.1335(d) 
for the purposes of this subpart.
    (5) When Secs. 63.132 through 63.149 refer to an ``existing 
source,'' the term ``existing affected source,'' as defined in 
Sec. 63.1310(a), shall apply for the purposes of this subpart.
    (6) When Secs. 63.132 through 63.149 refer to a ``new source,'' the 
term ``new affected source,'' as defined in Sec. 63.1310(a), shall 
apply for the purposes of this subpart.
    (7) When Sec. 63.132(a) and (b) refer to the ``applicable dates 
specified in Sec. 63.100 of subpart F of this part,'' the compliance 
dates specified in Sec. 63.1311 shall apply for the purposes of this 
subpart.
    (8) The provisions of paragraphs (b)(8)(i), (b)(8)(ii), and 
(b)(8)(iii) of this section clarify the organic HAP that an owner or 
operator shall consider when complying with the requirements in 
Secs. 63.132 through 63.149.
    (i) When Secs. 63.132 through 63.149 refer to table 8 of compounds, 
the owner or operator is only required to consider 1,3-butadiene for 
purposes of this subpart.
    (ii) When Secs. 63.132 through 63.149 refer to table 9 of 
compounds, the owner or operator is only required to consider compounds 
that meet the definition of organic HAP in Sec. 63.1312 and that are 
listed on table 9 of 40 CFR part 63, for the purposes of this subpart, 
except for ethylene glycol which need not be considered.

[[Page 38126]]

    (iii) When Secs. 63.132 through 63.149 refer to compounds in table 
36 of 40 CFR part 63, subpart G, or compounds on List 1 and/or List 2, 
as listed on 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. 63.1312 and that are listed in table 
36 of 40 CFR part 63, subpart G, for the purposes of this subpart.
    (9) Whenever Secs. 63.132 through 63.149 refer to a ``chemical 
manufacturing process unit,'' the term ``thermoplastic product process 
unit,'' (or TPPU) as defined in Sec. 63.1312, shall apply for the 
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a 
chemical manufacturing process unit that meets the criteria of 
Sec. 63.100(b) of subpart F of this part,'' the term ``a TPPU as 
defined in Sec. 63.1312(b)'' shall apply for the purposes of this 
subpart.
    (10) Whenever Secs. 63.132 through 63.149 refer to a Group 1 
wastewater stream or a Group 2 wastewater stream, the definitions of 
these terms contained in Sec. 63.1312 shall apply for the purposes of 
this subpart.
    (11) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'', 
the phrase ``Sec. 63.1310(c)'' shall apply for the purposes of this 
subpart. In addition, where Sec. 63.149(d) states ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subpart A, F, G, or H of this part'', the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, H, or JJJ of this part'' shall apply for the purposes 
of this subpart.
    (12) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR Sec. 63.100(l)(1) or 40 CFR Sec. 63.100(l)(2),'' the phrase ``a 
TPPU that is part of a new affected source or that is a new affected 
source,'' shall apply for the purposes of this subpart.
    (13) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Secs. 63.138 and 63.146, 
the Notification of Compliance Status requirements contained in 
Sec. 63.1335(e)(5) shall apply for the purposes of this subpart. In 
addition, when Secs. 63.132 through 63.149 require that information be 
reported according to Sec. 63.152(b) in the Notification of Compliance 
Status, the owner or operator of an affected source shall report the 
specified information in the Notification of Compliance Status required 
by Sec. 63.1335(e)(5) for the purposes of this subpart.
    (14) When the Periodic Report requirements contained in 
Sec. 63.152(c) are referred to in Sec. 63.146, the Periodic Report 
requirements contained in Sec. 63.1335(e)(6) shall apply for the 
purposes of this subpart. In addition, when Secs. 63.132 through 63.149 
require that information be reported in the Periodic Reports required 
in Sec. 63.152(c), the owner or operator of an affected source shall 
report the specified information in the Periodic Reports required in 
Sec. 63.1335(e)(6) for the purposes of this subpart.
    (15) When Sec. 63.143(f) specifies that owners or operators shall 
establish the range that indicates proper operation of the treatment 
process or control device, the owner or operator shall instead comply 
with the requirements of Sec. 63.1334(c) or (d) for establishing 
parameter level maximums/minimums for the purposes of this subpart.
    (16) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that 
``the information on parameter ranges specified in Sec. 63.152(b)(2)'' 
be reported in the Notification of Compliance Status, owners and 
operators of affected sources are instead required to report the 
information on parameter levels as specified in Sec. 63.1335(e)(5)(ii) 
for the purposes of this subpart.
    (17) When the term ``range'' is used in Secs. 63.132 through 
63.149, the term ``level'' apply instead for the purposes of this 
subpart. This level shall be determined using the procedures specified 
in Sec. 63.1334.
    (18) For the purposes of this subpart, the owner or operator of an 
affected source is not required to include process wastewater streams 
that contain styrene when conducting performance tests for the purposes 
of calculating the required mass removal (RMR) or the actual mass 
removal (AMR) under the provisions described in Sec. 63.145(f) or 
Sec. 63.145(g). For purposes of this paragraph, a process wastewater 
stream is considered to contain styrene if the wastewater stream meets 
the requirements in paragraph (b)(18)(i), (ii), (iii), (iv), or (v) of 
this section.
    (i) The wastewater stream originates at equipment that produces ABS 
or ABS latex;
    (ii) The wastewater stream originates at equipment that produces 
EPS;
    (iii) The wastewater stream originates at equipment that produces 
MABS;
    (iv) The wastewater stream originates at equipment that produces 
MBS; or
    (v) The wastewater stream originates at equipment that produces 
SAN.
    (19) When the provisions of Sec. 63.139(c)(1)(ii), 
Sec. 63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR 
part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR 
part 60, appendix A, may be used for the purposes of this subpart. The 
use of Method 25A, 40 CFR part 60, appendix A, shall conform with the 
requirements in paragraphs (b)(19)(i) and (b)(19)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (20) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b), 
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the 
requirements in Sec. 63.1333(e) shall apply.
    (21) The owner or operator of a facility which receives a Group 1 
wastewater stream, or a residual removed from a Group 1 wastewater 
stream, for treatment pursuant to Sec. 63.132(g) is subject to the 
requirements of Sec. 63.132(g) with the differences identified in this 
section, and is not subject to subpart DD of this part with respect to 
that material.
    (22) When Sec. 63.132(g) refers to ``Secs. 63.133 through 63.137'' 
or ``Secs. 63.133 through 63.147'', the provisions in this section 
63.1330 shall apply, for the purposes of this subpart.
    (c) For each affected source, the owner or operator shall comply 
with the requirements for maintenance wastewater in Sec. 63.105, except 
that when Sec. 63.105(a) refers 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. 63.1312 and that are listed in table 9 of 40 CFR part 63, subpart 
G, except for ethylene glycol which need not be considered, for the 
purposes of this subpart.
* * * * *
    50. Section 63.1331 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(2);
    c. Revising paragraphs (a)(4) and (a)(5);
    d. Revising paragraph (a)(6) introductory text;
    e. Revising paragraph (a)(6)(i);
    f. Revising paragraphs (a)(6)(ii)(A) and (a)(6)(ii)(B);
    g. Revising paragraph (a)(7);
    h. Revising paragraph (a)(8) introductory text;
    i. Revising paragraph (a)(10);
    j. Revising paragraph (b);

[[Page 38127]]

    k. Adding paragraphs (a)(6)(iii) and (a)(6)(iv);
    l. Adding paragraphs (a)(11) through (a)(13); and
    m. Removing and reserving paragraph (a)(9).
    The revisions and additions read as follows:


Sec. 63.1331  Equipment leak provisions.

    (a) Except as provided for in paragraphs (b) and (c) of this 
section, the owner or operator of each affected source shall comply 
with the requirements of subpart H of this part, with the differences 
noted in paragraphs (a)(1) through (a)(13) of this section.
* * * * *
    (2) The compliance date for the equipment leak provisions contained 
in this section is provided in Sec. 63.1311. Whenever subpart H of this 
part refers to the compliance dates specified in any paragraph 
contained in Sec. 63.100, the compliance dates listed in 
Sec. 63.1311(d) shall instead apply, for the purposes of this subpart. 
When Sec. 63.182(c)(4) refers to ``sources subject to subpart F,'' the 
phrase ``sources subject to this subpart'' shall apply, for the 
purposes of this subpart. In addition, extensions of compliance dates 
are addressed by Sec. 63.1311(e) instead of Sec. 63.182(a)(6), for the 
purposes of this subpart.
* * * * *
    (4) As specified in Sec. 63.1335(e)(5), the Notification of 
Compliance Status required by paragraphs Sec. 63.182(a)(2) and 
Sec. 63.182(c) shall be submitted within 150 days (rather than 90 days) 
of the applicable compliance date specified in Sec. 63.1311 for the 
equipment leak provisions.
    (5) The information specified by Sec. 63.182(a)(3) and 
Sec. 63.182(d) (i.e., Periodic Reports) shall be submitted as part of 
the Periodic Reports required by Sec. 63.1335(e)(6).
    (6) For pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in light liquid or heavy liquid 
service; and instrumentation systems, owners or operators of affected 
sources producing PET shall comply with the requirements of paragraphs 
(a)(6)(i) and (a)(6)(ii) of this section instead of with the 
requirements of Sec. 63.169. Owners or operators of PET affected 
sources shall comply with all other provisions of subpart H of this 
part for pumps, valves, connectors, and agitators in heavy liquid 
service; pressure relief devices in light liquid or heavy liquid 
service; and instrumentation systems, except as specified in paragraphs 
(a)(6)(iii) through (a)(6)(iv) of this section.
    (i) A leak is determined to be detected if there is evidence of a 
potential leak found by visual, audible, or olfactory means. Method 21, 
40 CFR part 60, appendix A may not be used to determine the presence or 
absence of a leak.
    (ii)(A) When a leak is detected, it shall be repaired as soon as 
practical, but not later than 15 days after it is detected, except as 
provided in Sec. 63.171.
    (B) The first attempt at repair shall be made no later than 5 days 
after each leak is detected.
* * * * *
    (iii) An owner or operator is not required to develop an initial 
list of identification numbers as would otherwise be required under 
Sec. 63.181(b)(1)(i) or Sec. 63.181(b)(4).
    (iv) When recording the detection of a leak under 
Sec. 63.182(d)(1), the owner or operator of an affected source shall 
comply with paragraphs (a)(6)(iv)(A) through (a)(6)(iv)(B) of this 
section.
    (A) When complying with Sec. 63.181(d)(1), provide an 
identification number for the leaking equipment at the time of 
recordkeeping. Further, the owner or operator is not required to record 
the identification number of the instrument (i.e., Method 21 
instrument) because the use of Method 21 is not an acceptable method 
for determining a leak under this paragraph (a)(6).
    (B) An owner or operator is not required to comply with 
Sec. 63.181(d)(4) which requires a record of the maximum instrument 
reading measured by Method 21 of 40 CFR part 60, appendix A.
    (7) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 6 of this subpart for purposes of this subpart, 
except for ethylene glycol which need not be considered.
    (8) When the provisions of subpart H of this part specify that 
Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall 
conform with the requirements in paragraphs (a)(8)(i) and (a)(8)(ii) of 
this section.
* * * * *
    (9) [Reserved.]
    (10) If specific items of equipment, comprising part of a process 
unit subject to this subpart, are managed by different administrative 
organizations (e.g., different companies, affiliates, departments, 
divisions, etc.), those items of equipment may be aggregated with any 
TPPU within the affected source for all purposes under subpart H of 
this part, providing there is no delay in achieving the applicable 
compliance date.
    (11) When the terms ``equipment'' and ``equipment leak'' are used 
in subpart H of this part, the definitions of these terms in 
Sec. 63.1312 shall apply for the purposes of this subpart.
    (12) The phrase ``the provisions of subparts F, I, or JJJ of this 
part'' shall apply instead of the phrase ``the provisions of subpart F 
or I of this part'' throughout Secs. 63.163 and 63.168, for the 
purposes of this subpart. In addition, the phrase ``subparts F, I, and 
JJJ'' shall apply instead of the phrase ``subparts F and I'' in 
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
    (13) An owner or operator using a flare to comply with the 
requirements of this section shall conduct a compliance demonstration 
as specified in Sec. 63.1333(e).
    (b) The provisions of this section do not apply to each TPPU 
producing PET using a process other than a continuous terephthalic acid 
(TPA) high viscosity multiple end finisher process that is part of an 
affected source if all of the equipment leak components subject to this 
section Sec. 63.1331 in the TPPU are either in vacuum service or in 
heavy liquid service.
    (1) Owners and operators of a TPPU exempted under paragraph (b) of 
this section shall comply with paragraph (b)(1)(i) or (b)(1)(ii) of 
this section.
    (i) Retain information, data, and analyses used to demonstrate that 
all of the components in the exempted TPPU are either in vacuum service 
or in heavy liquid service. For components in vacuum service, examples 
of information that could document this include, but are not limited 
to, analyses of process stream composition and process conditions, 
engineering calculations, or process knowledge. For components in heavy 
liquid service, such documentation shall include an analysis or 
demonstration that the process fluids do not meet the criteria of ``in 
light liquid service'' or ``in gas or vapor service.''
    (ii) When requested by the Administrator, demonstrate that all of 
the components in the TPPU are either in vacuum service or in heavy 
liquid service.
    (2) If changes occur at a TPPU exempted under paragraph (b) of this 
section such that all of the components in the TPPU are no longer 
either in vacuum service or in heavy liquid service (e.g., by either 
process changes or the addition of new components), the owner or 
operator of the affected source shall comply with the provisions of 
this section for all of the components at the TPPU. The owner or 
operator shall

[[Page 38128]]

submit a report within 180 days after the process change is made or the 
information regarding the process change is known to the owner or 
operator. This report may be included in the next Periodic Report, as 
specified in paragraph (a)(5) of this section. A description of the 
process change shall be submitted with this report.
* * * * *
    51. Section 63.1333 is amended by:
    a. Revising the section title;
    b. Revising paragraph (a) introductory text;
    c. Revising paragraphs (a)(1) and (a)(2);
    d. Revising paragraph (a)(4);
    e. Revising paragraph (b) introductory text;
    f. Adding paragraph (a)(5); and
    g. Adding paragraph (e).
    The revisions and additions read as follows:


Sec. 63.1333  Additional requirements for performance testing.

    (a) Performance testing shall be conducted in accordance with 
Sec. 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h), 
with the exceptions specified in paragraphs (a)(1) through (a)(5) of 
this section and the additions specified in paragraphs (b) through (d) 
of this section. Sections 63.1314 through 63.1330 also contain specific 
testing requirements.
    (1) Performance tests shall be conducted according to the 
provisions of Sec. 63.7(e)(1) and (e)(2), except that performance tests 
shall be conducted at maximum representative operating conditions 
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) of this section to occur.
    (i) The 6-month period that ends 2 months before the Notification 
of Compliance Status is due, according to Sec. 63.1335(e)(5); or the 6-
month period that begins 3 months before the performance test and ends 
3 months after the performance test.
    (ii) Causing damage to equipment; necessitating that the owner or 
operator make product that does not meet an existing specification for 
sale to a customer; or necessitating that the owner or operator make 
product in excess of demand.
    (2) The requirements in Sec. 63.1335(e)(5) shall apply instead of 
the references in Sec. 63.7(g) to the Notification of Compliance Status 
requirements in Sec. 63.9(h).
* * * * *
    (4) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled to allow the Administrator the 
opportunity to have an observer present during the test. If after 30 
days notice for an initially scheduled performance test, there is a 
delay (due to operational problems, etc.) in conducting the scheduled 
performance test, the owner or operator of an affected facility shall 
notify the Administrator as soon as possible of any delay in the 
original test date, either by providing at least 7 days prior notice of 
the rescheduled date of the performance test, or by arranging a 
rescheduled date with the Administrator by mutual agreement.
    (5) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec. 63.7(a)(2) of subpart 
A of this part.
    (b) Each owner or operator of an existing affected source producing 
MBS complying with Sec. 63.1315(b)(2) shall determine compliance with 
the mass emission per mass product standard by using Equation 49 of 
this subpart. When determining Ei, when the provisions of 
Sec. 63.116(c)(4) specify that Method 18, 40 CFR part 60, appendix A, 
shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may 
be used for the purposes of this subpart. The use of Method 25A, 40 CFR 
part 60, appendix A, shall conform with the requirements in paragraphs 
(b)(1) and (b)(2) of this section.
[GRAPHIC] [TIFF OMITTED] TR19JN00.041

Where:
    ERMBS = Emission rate of organic HAP or TOC from 
continuous process vents, kg/Mg product.
    Ei = Emission rate of organic HAP or TOC from continuous 
process vent i as calculated using the procedures specified in 
Sec. 63.116(c)(4), kg/month.
    PPM = Amount of polymer produced in one month as 
determined by the procedures specified in Sec. 63.1318(b)(1)(ii), Mg/
month.
    n = Number of continuous process vents.
* * * * *
    (e) Notwithstanding any other provision of this subpart, if an 
owner or operator of an affected source uses a flare to comply with any 
of the requirements of this subpart, the owner or operator shall comply 
with paragraphs (e)(1) through (e)(3) of this section. The owner or 
operator is not required to conduct a performance test to determine 
percent emission reduction or outlet organic HAP or TOC concentration. 
If a compliance demonstration has been conducted previously for a 
flare, using the techniques specified in paragraphs (e)(1) through 
(e)(3) of this section, that compliance demonstration may be used to 
satisfy the requirements of this paragraph if either no deliberate 
process changes have been made since the compliance demonstration, or 
the results of the compliance demonstration reliably demonstrate 
compliance despite process changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    52. Section 63.1334 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (b)(3) introductory text;
    d. Revising paragraphs (b)(3)(i)(A) through (b)(3)(i)(D);
    e. Revising paragraph (b)(3)(ii);
    f. Revising paragraph (c);
    g. Revising paragraph (d);
    h. Revising paragraph (f)(1) introductory text;
    i. Revising paragraphs (f)(1)(ii) and (f)(1)(iii);
    j. Revising paragraph (f)(2) introductory text;
    k. Revising paragraph (f)(2)(ii);
    l. Removing and reserving paragraph (b)(1);
    m. Removing and reserving paragraph (e);
    n. Removing paragraph (b)(3)(i)(E);
    o. Adding paragraph (f)(1)(v); and
    p. Adding paragraph (f)(3) through (f)(7).
    The revisions and additions read as follows:


Sec. 63.1334  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a control or recovery device that has one or more parameter 
monitoring level requirements specified under this subpart shall 
establish a maximum or minimum level for each

[[Page 38129]]

measured parameter. If a performance test is required by this subpart 
for a control device, the owner or operator shall use the procedures in 
either paragraph (b) or (c) of this section to establish the parameter 
monitoring level(s). If a performance test is not required by this 
subpart for a control device, the owner or operator may use the 
procedures in paragraph (b), (c) or (d) of this section to establish 
the parameter monitoring level(s). When using the procedures specified 
in paragraph (c) or (d) of this section, the owner or operator shall 
submit the information specified in Sec. 63.1335(e)(3)(vii) for review 
and approval as part of the Precompliance Report.
    (1) The owner or operator shall operate control and recovery 
devices such that the daily average of monitored parameters remains 
above the minimum established level or below the maximum established 
level, except as otherwise stated in this subpart.
    (2) As specified in Sec. 63.1335(e)(5), all established levels, 
along with their supporting documentation and the definition of an 
operating day, shall be submitted as part of the Notification of 
Compliance Status.
    (3) Nothing in this section shall be construed to allow a 
monitoring parameter excursion caused by an activity that violates 
other applicable provisions of subpart A, F, G, or H of this part.
    (b) Establishment of parameter monitoring levels based exclusively 
on performance tests. In cases where a performance test is required by 
this subpart, or the owner or operator of the affected source elects to 
do a performance test in accordance with the provisions of this 
subpart, and an owner or operator elects to establish a parameter 
monitoring level for a control, recovery, or recapture device based 
exclusively on parameter values measured during the performance test, 
the owner or operator of the affected source shall comply with the 
procedures in paragraphs (b)(1) through (b)(4) of this section, as 
applicable.
    (1) [Reserved.]
* * * * *
    (3) Batch process vents. The monitoring level(s) shall be 
established using the procedures specified in either paragraph 
(b)(3)(i) or (b)(3)(ii) of this section. The procedures specified in 
this paragraph (b)(3) may only be used if the batch emission episodes, 
or portions thereof, selected to be controlled were tested, and 
monitoring data were collected, during the entire period in which 
emissions were vented to the control device, as specified in 
Sec. 63.1325(c)(1)(i). If the owner or operator chose to test only a 
portion of the batch emission episode, or portion thereof, selected to 
be controlled, the procedures in paragraph (c) of this section shall be 
used.
    (i) * * *
    (A) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.
    (B) If the level to be established is a maximum operating 
parameter, the level shall be defined as the minimum of the average 
parameter values of the batch emission episodes, or portions thereof, 
in the batch cycle selected to be controlled (i.e., identify the 
emission episode, or portion thereof, which requires the lowest 
parameter value in order to assure compliance. The average parameter 
value that is necessary to assure compliance for that emission episode, 
or portion thereof, shall be the level for all emission episodes, or 
portions thereof, in the batch cycle, that are selected to be 
controlled).
    (C) If the level to be established is a minimum operating 
parameter, the level shall be defined as the maximum of the average 
parameter values of the batch emission episodes, or portions thereof, 
in the batch cycle selected to be controlled (i.e., identify the 
emission episode, or portion thereof, which requires the highest 
parameter value in order to assure compliance. The average parameter 
value that is necessary to assure compliance for that emission episode, 
or portion thereof, shall be the level for all emission episodes, or 
portions thereof, in the batch cycle, that are selected to be 
controlled).
    (D) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values measured 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (b)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraph (b)(3)(i)(A) of this section.
* * * * *
    (c) Establishment of parameter monitoring levels based on 
performance tests, supplemented by engineering assessments and/or 
manufacturer's recommendations. In cases where a performance test is 
required by this subpart, or the owner or operator elects to do a 
performance test in accordance with the provisions of this subpart, and 
an owner or operator elects to establish a parameter monitoring level 
for a control, recovery, or recapture device under this paragraph (c), 
the owner or operator shall supplement the parameter values measured 
during the performance test with engineering assessments and/or 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of expected parameter values.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. In cases where a 
performance test is not required by this subpart and an owner or 
operator elects to establish a parameter monitoring level for a 
control, recovery, or recapture device under this paragraph (d), the 
determination of the parameter monitoring level shall be based 
exclusively on engineering assessments and/or manufacturer's 
recommendations.
    (e) [Reserved.]
    (f) Parameter monitoring excursion definitions. (1) With respect to 
storage vessels (where the applicable monitoring plan specifies 
continuous monitoring), continuous process vents, aggregate batch vent 
streams, and process wastewater streams, an excursion means any of the 
three cases listed in paragraphs (f)(1)(i) through (f)(1)(iii) of this 
section. For a control or recovery device where multiple parameters are 
monitored, if one or more of the parameters meets the excursion 
criteria in paragraphs (f)(1)(i) through (f)(1)(iii) of this section, 
this is considered a single excursion for the control or recovery 
device. For each excursion, the owner or operator shall be deemed out 
of compliance with the provisions of this subpart, except as provided 
in paragraph (g) of this section.
* * * * *
    (ii) When the period of control or recovery device operation, with 
the exception noted in paragraph (f)(1)(v) of this section, is 4 hours 
or greater in an operating day, and monitoring data are insufficient, 
as defined in paragraph (f)(1)(iv) of this section, to constitute a 
valid hour of data for at least 75 percent of the operating hours.
    (iii) When the period of control or recovery device operation, with 
the exception noted in paragraph (f)(1)(v) of this section, is less 
than 4 hours in an

[[Page 38130]]

operating day and more than two of the hours during the period of 
operation do not constitute a valid hour of data due to insufficient 
monitoring data, as defined in paragraph (f)(1)(iv) of this section.
* * * * *
    (v) The periods listed in paragraphs (f)(1)(v)(A) through 
(f)(1)(v)(E) of this section are not considered to be part of the 
period of control or recovery device operation, for the purposes of 
paragraphs (f)(1)(ii) and (f)(1)(iii) of this section.
    (A) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (B) Start-ups;
    (C) Shutdowns;
    (D) Malfunctions; or
    (E) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (2) With respect to batch process vents, an excursion means one of 
the two cases listed in paragraphs (f)(2)(i) and (f)(2)(ii) of this 
section. For a control device where multiple parameters are monitored, 
if one or more of the parameters meets the excursion criteria in either 
paragraph (f)(2)(i) or (f)(2)(ii) of this section, this is considered a 
single excursion for the control device. For each excursion, the owner 
or operator shall be deemed out of compliance with the provisions of 
this subpart, except as provided in paragraph (g) of this section.
* * * * *
    (ii) When monitoring data are insufficient for an operating day. 
Monitoring data shall be considered insufficient when measured values 
are not available for at least 75 percent of the 15-minute periods when 
batch emission episodes selected to be controlled are being vented to 
the control device during the operating day, using the procedures 
specified in paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this 
section.
    (A) Determine the total amount of time during the operating day 
when batch emission episodes selected to be controlled are being vented 
to the control device.
    (B) Subtract the time during the periods listed in paragraphs 
(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(4) of this section from the 
total amount of time determined in paragraph (f)(2)(ii)(A) of this 
section, to obtain the operating time used to determine if monitoring 
data are insufficient.
    (1) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (2) Start-ups;
    (3) Shutdowns; or
    (4) Malfunctions.
    (C) Determine the total number of 15-minute periods in the 
operating time used to determine if monitoring data are insufficient, 
as was determined in accordance with paragraph (f)(2)(ii)(B) of this 
section.
    (D) If measured values are not available for at least 75 percent of 
the total number of 15-minute periods determined in paragraph 
(f)(2)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (3) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(f)(3)(i) or (ii) of this section, as applicable. For a control or 
recovery device where multiple parameters are monitored, if one or more 
of the parameters meets the excursion criteria, this is considered a 
single excursion for the control or recovery device. For each 
excursion, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart, except as provided in paragraph (g) of 
this section.
    (i) If the monitoring plan specifies monitoring a parameter and 
recording its value at specific intervals (such as every 15 minutes or 
every hour), either of the cases listed in paragraph (f)(3)(i)(A) or 
(f)(3)(i)(B) of this section is considered a single excursion for the 
control device. For each excursion, the owner or operator shall be 
deemed out of compliance with the provisions of this subpart, except as 
provided in paragraph (g) of this section.
    (A) When the average value of one or more parameters, averaged over 
the duration of the filling period for the storage vessel, is above the 
maximum level or below the minimum level established for the given 
parameters.
    (B) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the specific intervals at which parameters are to 
be monitored and recorded, according to the storage vessel's monitoring 
plan, during the filling period for the storage vessel.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and recording its value at specific intervals (for example, if the 
relevant operating requirement is to exchange a disposable carbon 
canister before expiration of its rated service life), the monitoring 
plan shall define an excursion in terms of the relevant operating 
requirement.
    (4) With respect to continuous process vents complying with the 
mass emissions per mass product requirements specified in 
Sec. 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or 
(c)(1)(i), an excursion has occurred when the mass emission rate 
calculated as specified in Sec. 63.1318(c) exceeds the appropriate mass 
emissions per mass product requirement. For each excursion, the owner 
or operator shall be deemed out of compliance with the provisions of 
this subpart, except as provided in paragraph (g) of this section.
    (5) With respect to continuous process vents complying with the 
temperature limits for final condensers specified in 
Sec. 63.1316(b)(1)(i)(B) or (c)(1)(ii), an excursion has occurred when 
the daily average exit temperature exceeds the appropriate condenser 
temperature limit. For each excursion, the owner or operator shall be 
deemed out of compliance with the provisions of this subpart, except as 
provided in paragraph (g) of this section. The periods listed in 
paragraphs (f)(5)(i) through (f)(5)(v) of this section are not 
considered to be part of the period of operation for the condenser for 
purposes of determining the daily average exit temperature.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions; or
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (6) With respect to new affected sources producing SAN using a 
batch process, an excursion has occurred when the percent reduction 
calculated using the procedures specified in Sec. 63.1333(c) is less 
than 84 percent. For each excursion, the owner or operator shall be 
deemed out of compliance with the provisions of this subpart, except as 
provided in paragraph (g) of this section. The periods listed in 
paragraphs (f)(6)(i) through (f)(6)(v) of this section are not 
considered to be part of the period of control or recovery device 
operation for purposes of determining the percent reduction.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions; or
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (7) With respect to continuous process vents complying with the 
mass

[[Page 38131]]

emissions per mass product requirement specified in Sec. 63.1315(b)(2), 
an excursion has occurred when the mass emission rate calculated as 
specified in Sec. 63.1333(b) exceeds the mass emissions per mass 
product requirement specified in Sec. 63.1315(b)(2). For each 
excursion, the owner or operator shall be deemed out of compliance with 
the provisions of this subpart, except as provided in paragraph (g) of 
this section.
* * * * *
    53. Section 63.1335 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b)(1) introductory text;
    c. Revising paragraph (b)(1)(i) introductory text;
    d. Revising paragraphs (b)(1)(i)(A) through (b)(1)(i)(C);
    e. Revising paragraph (b)(1)(ii);
    f. Revising paragraph (b)(2);
    g. Revising paragraph (d) introductory text;
    h. Revising paragraph (d)(2);
    i. Revising paragraph (d)(3);
    j. Revising paragraphs (d)(6) through (d)(9);
    k. Revising paragraph (e) introductory text;
    l. Revising paragraphs (e)(1) through (e)(3);
    m. Revising paragraph (e)(4) introductory text;
    n. Revising paragraph (e)(4)(i);
    o. Revising paragraph (e)(4)(ii) introductory text;
    p. Revising paragraph (e)(4)(ii)(B);
    q. Revising paragraph (e)(4)(ii)(D);
    r. Revising paragraph (e)(4)(ii)(F)(2);
    s. Revising paragraphs (e)(4)(ii)(F)(4) and (e)(4)(ii)(F)(5);
    t. Revising paragraph (e)(4)(ii)(H)(2);
    u. Revising paragraph (e)(4)(ii)(J)(2);
    v. Revising paragraph (e)(4)(ii)(L)(2);
    w. Revising paragraph (e)(4)(ii)(N);
    x. Revising paragraphs (e)(4)(iii) and (e)(4)(iv) introductory 
text;
    y. Revising paragraph (e)(4)(iv)(A) introductory text;
    z. Revising paragraph (e)(4)(iv)(B) introductory text;
    aa. Revising paragraph (e)(4)(iv)(C);
    bb. Revising paragraph (e)(5) introductory text;
    cc. Revising paragraph (e)(5)(i) introductory text;
    dd. Revising paragraph (e)(5)(i)(A);
    ee. Revising paragraph (e)(5)(ii) introductory text;
    ff. Revising paragraph (e)(5)(iv);
    gg. Revising paragraphs (e)(5)(vi) through (e)(5)(viii);
    hh. Revising paragraph (e)(6) introductory text;
    jj. Revising paragraphs (e)(6)(i) and (e)(6)(ii);
    kk. Revising paragraph (e)(6)(iii)(B);
    ll. Revising paragraph (e)(6)(iii)(D) introductory text;
    mm. Revising paragraphs (e)(6)(iii)(D)(2) and (e)(6)(iii)(D)(3);
    nn. Revising paragraph (e)(6)(iv);
    oo. Revising paragraph (e)(6)(v)(B);
    pp. Revising paragraphs (e)(6)(vi) through (e)(6)(xi);
    qq. Revising paragraph (e)(7) introductory text;
    rr. Revising paragraph (e)(7)(ii);
    ss. Revising paragraph (e)(8) introductory text;
    tt. Revising paragraphs (e)(8)(i) and (e)(8)(ii);
    uu. Revising paragraph (f) introductory text;
    vv. Revising paragraph (f)(3) introductory text;
    ww. Revising paragraph (g) introductory text;
    xx. Revising paragraph (g)(3) introductory text;
    yy. Revising paragraph (g)(3)(i)(A);
    zz. Revising paragraph (g)(4);
    aaa. Revising paragraph (h) introductory text;
    bbb. Revising paragraph (h)(1) introductory text;
    ccc. Revising paragraph (h)(1)(ii)(B);
    ddd. Revising paragraph (h)(1)(iv);
    eee. Revising paragraph (h)(1)(vi) introductory text;
    fff. Revising paragraphs (h)(1)(vi)(B) and (h)(1)(vi)(C);
    ggg. Revising paragraph (h)(2)(i);
    hhh. Revising paragraph (h)(2)(iii);
    iii. Removing paragraph (b)(1)(i)(D);
    jjj. Removing paragraph (d)(10);
    kkk. Removing paragraph (e)(8)(iii);
    lll. Removing and reserving paragraph (c);
    mmm. Removing and reserving paragraph (d)(4) and (d)(5);
    nnn. Removing and reserving paragraphs (e)(6)(iii)(C);
    ooo. Adding paragraphs (e)(5)(ix) through (e)(5)(xi);
    ppp. Adding paragraph (e)(6)(iii)(D)(4);
    qqq. Adding paragraph (e)(6)(xii);
    rrr. Adding paragraphs (e)(7)(iii) and (e)(7)(iv); and
    sss. Adding paragraph (h)(1)(vi)(D).
    The revisions and additions read as follows:


Sec. 63.1335  General recordkeeping and reporting provisions.

    (a) Data retention. Unless otherwise specified in this subpart, the 
owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner 
that they can be readily accessed. The most recent 6 months of records 
shall be retained on site or shall be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The remaining 4 and one-half years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, magnetic tape, or microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived 
the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of 
reports, the owner or operator is not required to maintain copies of 
those reports.
    (b) * * *
    (1) Start-up, shutdown, and malfunction plan. The owner or operator 
of an affected source shall develop and implement a written start-up, 
shutdown, and malfunction plan as specified in Sec. 63.6(e)(3). This 
plan shall describe, in detail, procedures for operating and 
maintaining the affected source during periods of start-up, shutdown, 
and malfunction and a program for corrective action for malfunctioning 
process and air pollution control equipment used to comply with this 
subpart. Inclusion of Group 2 emission points is not required, unless 
these points are included in an emissions average. For equipment leaks 
(subject to Sec. 63.1331), the start-up, shutdown, and malfunction plan 
requirement is limited to control devices and is optional for other 
equipment. For equipment leaks, the start-up, shutdown, and malfunction 
plan may include written procedures that identify conditions that 
justify a delay of repair. A provision for ceasing to collect, during a 
start-up, shutdown, or malfunction, monitoring data that would 
otherwise be required by the provisions of this subpart may be included 
in the start-up, shutdown, and malfunction plan only if the owner or 
operator has demonstrated to the Administrator, through the 
Precompliance Report or a supplement to the Precompliance Report, that 
the monitoring system would be damaged or destroyed if it were not shut 
down during the start-up, shutdown, or malfunction. The affected source 
shall keep the start-up, shutdown, and malfunction plan on-site. 
Records associated with the plan shall be kept as specified in 
paragraphs (b)(1)(i)(A) through (b)(1)(i)(C) of this section. Reports 
related to the plan shall be

[[Page 38132]]

submitted as specified in paragraph (b)(1)(ii) of this section.
    (i) Records of start-up, shutdown, and malfunction. The owner or 
operator shall keep the records specified in paragraphs (b)(1)(i)(A) 
through (b)(1)(i)(C) of this section.
    (A) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or control 
devices or recovery devices or continuous monitoring systems used to 
comply with this subpart during which excess emissions (as defined in 
Sec. 63.1310(j)(4)) occur.
    (B) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.1310(j)(4)) occur, records reflecting 
whether the procedures specified in the affected source's start-up, 
shutdown, and malfunction plan were followed, and documentation of 
actions taken that are not consistent with the plan. For example, if a 
start-up, shutdown, and malfunction plan includes procedures for 
routing a control device to a backup control device, records shall be 
kept of whether the plan was followed. These records may take the form 
of a ``checklist,'' or other form of recordkeeping that confirms 
conformance with the start-up shutdown, and malfunction plan for the 
event.
    (C) Records specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(B) of this section are not required if they pertain solely to 
Group 2 emission points that are not included in an emissions average.
    (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 being submitted on the schedule specified in 
Sec. 63.10(d)(5)(i). The reports shall include the information 
specified in Sec. 63.10(d)(5)(i).
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), 
(d)(1)(iii), (d)(2), and (d)(3)(ii).
    (c) [Reserved.]
    (d) Recordkeeping and documentation. Owners or operators required 
to keep continuous records shall keep records as specified in 
paragraphs (d)(1) through (d)(7) of this section, unless an alternative 
recordkeeping system has been requested and approved as specified in 
paragraph (g) of this section, and except as provided in paragraph (h) 
of this section. If a monitoring plan for storage vessels pursuant to 
Sec. 63.1314(a)(9) requires continuous records, the monitoring plan 
shall specify which provisions, if any, of paragraphs (d)(1) through 
(d)(7) of this section apply. As described in Sec. 63.1314(a)(9), 
certain storage vessels are not required to keep continuous records as 
specified in this paragraph. Owners and operators of such storage 
vessels shall keep records as specified in the monitoring plan required 
by Sec. 63.1314(a)(9). Paragraphs (d)(8) and (d)(9) of this section 
specify documentation requirements.
* * * * *
    (2) The owner or operator shall record either each measured data 
value or block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are 
measured more frequently than once per minute, a single value for each 
minute may be used to calculate the hourly (or shorter period) block 
average instead of all measured values. Owners or operators of batch 
process vents shall record each measured data value.
    (3) Daily average (or batch cycle daily average) values of each 
continuously monitored parameter shall be calculated for each operating 
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this 
section, except as specified in paragraphs (d)(6) and (d)(7) of this 
section.
    (i) The daily average value or batch cycle daily average shall be 
calculated as the average of all parameter values recorded during the 
operating day, except as specified in paragraph (d)(7) of this section. 
For batch process vents, as specified in Sec. 63.1326(e)(2)(i), only 
parameter values measured during those batch emission episodes, or 
portions thereof, in the batch cycle that the owner or operator has 
chosen to control shall be used to calculate the average. The 
calculated average shall cover a 24-hour period if operation is 
continuous, or the number of hours of operation per operating day if 
operation is not continuous.
    (ii) The operating day shall be the period the owner or operator 
specifies in the operating permit or the Notification of Compliance 
Status for purposes of determining daily average values or batch cycle 
daily average values of monitored parameters.
    (4) [Reserved]
    (5) [Reserved]
    (6) Records required when all recorded values are within the 
established limits. If all recorded values for a monitored parameter 
during an operating day are above the minimum level or below the 
maximum level established in the Notification of Compliance Status or 
operating permit, the owner or operator may record that all values were 
above the minimum level or below the maximum level rather than 
calculating and recording a daily average (or batch cycle daily 
average) for that operating day.
    (7) Monitoring data recorded during periods identified in 
paragraphs (d)(7)(i) through (d)(7)(v) of this section shall not be 
included in any average computed under this subpart. Records shall be 
kept of the times and durations of all such periods and any other 
periods during process or control device or recovery device operation 
when monitors are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions;
    (v) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks, and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver 
under Sec. 63.10(f) shall maintain the information, if any, specified 
by the Administrator as a condition of the waiver of recordkeeping or 
reporting requirements.
    (e) Reporting and notification. In addition to the reports and 
notifications required by subpart A of this part as specified in Table 
1 of this subpart, the owner or operator of an affected source shall 
prepare and submit the reports listed in paragraphs (e)(3) through 
(e)(8) of this section, as applicable. All reports required by this 
subpart, and the schedule for their submittal, are listed in Table 9 of 
this subpart.
    (1) Owners and operators shall not be in violation of the reporting 
requirements of this subpart for failing to submit information required 
to be included in a specified report if the owner or operator meets the 
requirements in paragraphs (e)(1)(i)

[[Page 38133]]

through (e)(1)(iii) of this section. Examples of circumstances where 
this paragraph may apply include information related to newly-added 
equipment or emission points, changes in the process, changes in 
equipment required or utilized for compliance with the requirements of 
this subpart, or changes in methods or equipment for monitoring, 
recordkeeping, or reporting.
    (i) The information was not known in time for inclusion in the 
report specified by this subpart;
    (ii) The owner or operator has been diligent in obtaining the 
information; and
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this 
section.
    (A) If this subpart expressly provides for supplements to the 
report in which the information is required, the owner or operator 
shall submit the information as a supplement to that report. The 
information shall be submitted no later than 60 days after it is 
obtained, unless otherwise specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an 
operating permit pursuant to part 70 or part 71, due to circumstances 
to which the information pertains, the owner or operator shall submit 
the information with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or 
(e)(1)(iii)(B) of this paragraph, the owner or operator shall submit 
the information with the first Periodic Report, as required by this 
subpart, which has a submission deadline at least 60 days after the 
information is obtained.
    (2) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of an 
affected source, reports may be submitted on electronic media.
    (3) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring 
and recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate emissions from a batch emissions 
episode, as described in Sec. 63.1323(b)(6)(i)(C); wishing to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.1334(c) or (d); or requesting approval to incorporate a 
provision for ceasing to collect monitoring data, during a start-up, 
shutdown, or malfunction, into the start-up, shutdown, and malfunction 
plan, when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, as permitted under 
Sec. 63.1310(j)(3), shall submit a Precompliance Report according to 
the schedule described in paragraph (e)(3)(i) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (e)(3)(ii) through (e)(3)(viii) of this section, as 
appropriate.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than December 19, 2000. If a Precompliance 
Report was submitted prior to June 19, 2000 and no changes need to be 
made to that Precompliance Report, the owner or operator shall re-
submit the earlier report or submit notification that the previously 
submitted report is still valid. Unless the Administrator objects to a 
request submitted in the Precompliance Report within 45 days after its 
receipt, the request shall be deemed approved. For new affected 
sources, the Precompliance Report shall be submitted to the 
Administrator with the application for approval of construction or 
reconstruction required in paragraph (b)(2) of this section. 
Supplements to the Precompliance Report may be submitted as specified 
in paragraph (e)(3)(ix) of this section.
    (ii) A request for an extension for compliance, as specified in 
Sec. 63.1311(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.1311(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other 
than those for which monitoring parameters are specified in this 
subpart or in subpart G of this part or seeks to comply by monitoring a 
different parameter than those specified in this subpart or in subpart 
G of this part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) 
of this section, the owner or operator shall submit a request for 
approval in the Precompliance Report.
    (v) The owner or operator shall report the intent to use 
alternative controls to comply with the provisions of this subpart in 
the Precompliance Report. The Administrator may deem alternative 
controls to be equivalent to the controls required by the standard, 
under the procedures outlined in Sec. 63.6(g).
    (vi) If a request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode, as described in 
Sec. 63.1323(b)(6)(i)(C) is being made, the information required by 
Sec. 63.1323(b)(6)(iii)(B) shall be submitted in the Precompliance 
Report.
    (vii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in Sec. 63.1334(c) or (d), 
the following information shall be submitted in the Precompliance 
Report:
    (A) Identification of which procedures (i.e., Sec. 63.1334(c) or 
(d)) are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec. 63.1334(c) are to be used, a 
description of how performance test data will be used shall be 
included.
    (viii) If the owner or operator is requesting approval to 
incorporate a provision for ceasing to collect monitoring data, during 
a start-up, shutdown, or malfunction, into the start-up, shutdown, and 
malfunction plan, when that monitoring equipment would be damaged if it 
did not cease to collect monitoring data, the information specified in 
paragraphs (e)(3)(viii)(A) and (B) shall be supplied in the 
Precompliance Report or in a supplement to the Precompliance Report. 
The Administrator shall evaluate the supporting documentation and shall 
approve the request only if, in the Administrator's judgment, the 
specific monitoring equipment would be damaged by the contemporaneous 
start-up, shutdown, or malfunction.
    (A) Documentation supporting a claim that the monitoring equipment 
would be damaged by the contemporaneous start-up, shutdown, or 
malfunction; and
    (B) A request to incorporate such a provision for ceasing to 
collect monitoring data during a start-up, shutdown, or malfunction, 
into the start-up, shutdown, and malfunction plan.
    (ix) Supplements to the Precompliance Report may be submitted as 
specified in paragraphs (e)(3)(ix)(A) or (e)(3)(ix)(B) of this section. 
Unless the Administrator objects to a request submitted in a supplement 
to the Precompliance Report within 45 days after its receipt, the 
request shall be deemed approved.
    (A) Supplements to the Precompliance Report may be submitted

[[Page 38134]]

to clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(3)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of 
this section; to use alternative controls, as specified in paragraph 
(e)(3)(v) of this section; to use engineering assessment to estimate 
emissions from a batch emissions episode, as specified in paragraph 
(e)(3)(vi) of this section; to establish parameter monitoring levels 
according to the procedures contained in Sec. 63.1334(c) or (d), as 
specified in paragraph (e)(3)(vii) of this section; or to include a 
provision for ceasing to collect monitoring data during a start-up, 
shutdown, or malfunction, in the start-up, shutdown, and malfunction 
plan, when that monitoring equipment would be damaged if it did not 
cease to collect monitoring data, as specified in paragraph 
(e)(3)(viii) of this section.
    (4) Emissions Averaging Plan. For all existing affected sources 
using emissions averaging, an Emissions Averaging Plan shall be 
submitted for approval according to the schedule and procedures 
described in paragraph (e)(4)(i) of this section. The Emissions 
Averaging Plan shall contain the information specified in paragraph 
(e)(4)(ii) of this section, unless the information required in 
paragraph (e)(4)(ii) of this section is submitted with an operating 
permit application. An owner or operator of an affected source who 
submits an operating permit application instead of an Emissions 
Averaging Plan shall submit the information specified in paragraph 
(e)(8) of this section. In addition, a supplement to the Emissions 
Averaging Plan, as required under paragraph (e)(4)(iii) of this 
section, is to be submitted whenever additional alternative controls or 
operating scenarios may be used to comply with this subpart. Updates to 
the Emissions Averaging Plan shall be submitted in accordance with 
paragraph (e)(4)(iv) of this section.
    (i) Submittal and approval. The Emissions Averaging Plan shall be 
submitted no later than September 19, 2000, and it is subject to 
Administrator approval. If an Emissions Averaging Plan was submitted 
prior to June 19, 2000 and no changes need to be made to that Emissions 
Averaging Plan, the owner or operator shall re-submit the earlier plan 
or submit notification that the previously submitted plan is still 
valid. The Administrator shall determine within 120 days whether the 
Emissions Averaging Plan submitted presents sufficient information. The 
Administrator shall either approve the Emissions Averaging Plan, 
request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall approve, disapprove, or request 
changes to the plan within 120 days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the information listed in paragraphs (e)(4)(ii)(A) through 
(e)(4)(ii)(N) of this section for all emission points included in an 
emissions average.
* * * * *
    (B) The required information shall include the projected emission 
debits and credits for each emission point and the sum for the emission 
points involved in the average calculated according to Sec. 63.1332. 
The projected credits shall be greater than or equal to the projected 
debits, as required under Sec. 63.1332(e)(3).
* * * * *
    (D) The required information shall include the specific 
identification of each emission point affected by a pollution 
prevention measure. To be considered a pollution prevention measure, 
the criteria in Sec. 63.1332(j)(1) shall be met. If the same pollution 
prevention measure reduces or eliminates emissions from multiple 
emission points in the average, the owner or operator shall identify 
each of these emission points.
* * * * *
    (F) * * *
    (2) The required documentation shall include the estimated values 
of all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.1332(g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of 
this section.
* * * * *
    (4) The required documentation shall include the anticipated 
nominal efficiency if a control technology achieving a greater percent 
emission reduction than the efficiency of the reference control 
technology is or will be applied to the emission point. The procedures 
in Sec. 63.1332(i) shall be followed to apply for a nominal efficiency, 
and the report specified in paragraph (e)(7)(ii) of this section shall 
be submitted with the Emissions Averaging Plan as specified in 
paragraph (e)(7)(ii)(A) of this section.
    (5) The required documentation shall include the monitoring plan 
specified in Sec. 63.122(b), to include the information specified in 
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or (d)(2)(iii) 
for each storage vessel controlled with a closed-vent system using a 
control device other than a flare.
* * * * *
    (H)  * * *
    (2) The required documentation shall include the estimated values 
of all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.1332(g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of 
this section.
* * * * *
    (J) * * *
    (2) The required documentation shall include the estimated values 
of all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.1332(g) and (h). These parameter values shall 
be specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported as required by paragraph (e)(4)(iv) of 
this section.
* * * * *
    (L) * * *
    (2) The required documentation shall include the estimated values 
of all parameters needed for input to the wastewater emission credit 
and debit calculations in Sec. 63.1332(g) and (h). These parameter 
values shall be specified in the affected source's Emissions Averaging 
Plan (or operating permit) as enforceable operating conditions. Changes 
to these parameters shall be reported as required by paragraph 
(e)(4)(iv) of this section.
* * * * *
    (N) The required information shall include documentation of the 
data required by Sec. 63.1332(k). The documentation shall demonstrate 
that the emissions from the emission points proposed to be included in 
the average will not result in greater hazard or, at the option of the 
Administrator, greater risk to human health or the environment than if 
the emission points were not included in an emissions average.
    (iii) Supplement to Emissions Averaging Plan. The owner or operator 
required to prepare an Emissions Averaging Plan under paragraph (e)(4) 
of this section shall also prepare a supplement to the Emissions 
Averaging

[[Page 38135]]

Plan for any additional alternative controls or operating scenarios 
that may be used to achieve compliance.
    (iv) Updates to Emissions Averaging Plan. The owner or operator of 
an affected source required to submit an Emissions Averaging Plan under 
paragraph (e)(4) of this section shall also submit written updates of 
the Emissions Averaging Plan to the Administrator for approval under 
the circumstances described in paragraphs (e)(4)(iv)(A) through 
(e)(4)(iv)(C) of this section unless the relevant information has been 
included and submitted in an operating permit application or amendment.
    (A) The owner or operator who plans to make a change listed in 
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section 
shall submit an Emissions Averaging Plan update at least 120 days prior 
to making the change.
* * * * *
    (B) The owner or operator who has made a change as defined in 
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall 
submit an Emissions Averaging Plan update within 90 days after the 
information regarding the change is known to the affected source. The 
update may be submitted in the next quarterly periodic report if the 
change is made after the date the Notification of Compliance Status is 
due.
* * * * *
    (C) The Administrator shall approve or request changes to the 
Emissions Averaging Plan update within 120 days of receipt of 
sufficient information regarding the change for emission points 
included in emissions averages.
    (5) Notification of Compliance Status. For existing and new 
affected sources, a Notification of Compliance Status shall be 
submitted. For equipment leaks subject to Sec. 63.1331, the owner or 
operator shall submit the information required in Sec. 63.182(c) in the 
Notification of Compliance Status within 150 days after the first 
applicable compliance date for equipment leaks in the affected source, 
and an update shall be provided in the first Periodic Report that is 
due at least 150 days after each subsequent applicable compliance date 
for equipment leaks in the affected source. For all other emission 
points, including heat exchange systems, the Notification of Compliance 
Status shall contain the information listed in paragraphs (e)(5)(i) 
through (e)(5)(xi) of this section, as applicable, and shall be 
submitted no later than 150 days after the compliance dates specified 
in this subpart.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
continuous monitoring system performance evaluations, any other 
information used to demonstrate compliance, values of monitored 
parameters established during performance tests, and any other 
information required to be included in the Notification of Compliance 
Status under Secs. 63.1311(m), 63.122, and 63.1314 for storage vessels, 
Sec. 63.117 for continuous process vents, Sec. 63.146 for process 
wastewater, Secs. 63.1316 through 63.1320 for continuous process vents 
subject to Sec. 63.1316, Sec. 63.1327 for batch process vents, 
Sec. 63.1329 for process contact cooling towers, and Sec. 63.1332 for 
emission points included in an emissions average. In addition, the 
owner or operator of an affected source shall comply with paragraph 
(e)(5)(i)(A) and (e)(5)(i)(B) of this section.
    (A) For performance tests, group determinations, and process 
section applicability determinations that are based on measurements, 
the Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(5)(i)(B) of this section, for 
each test method used for a particular kind of emission point. For 
additional tests performed for the same kind of emission point using 
the same method, the results and any other information, from the test 
report, that is requested on a case-by-case basis by the Administrator 
shall be submitted, but a complete test report is not required.
* * * * *
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under Sec. 63.114(e) for continuous 
process vents, Sec. 63.1324 for batch process vents and aggregate batch 
vent streams, Sec. 63.143(f) for process wastewater, Sec. 63.1332(m) 
for emission points in emissions averages, paragraph (e)(8) of this 
section, or paragraph (f) of this section, the Notification of 
Compliance Status shall contain the information specified in paragraphs 
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this 
information has been established and provided in the operating permit 
application. Further, as described in Sec. 63.1314(a)(9), for those 
storage vessels for which the monitoring plan required by 
Sec. 63.1314(a)(9) specifies compliance with the provisions of 
Sec. 63.1334, the owner or operator shall provide the information 
specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this 
section for each monitored parameter, unless this information has been 
established and provided in the operating permit application. For those 
storage vessels for which the monitoring plan required by 
Sec. 63.1314(a)(9) does not require compliance with the provisions of 
Sec. 63.1334, the owner or operator shall provide the information 
specified in Sec. 63.120(d)(3) as part of the Notification of 
Compliance Status, unless this information has been established and 
provided in the operating permit application.
* * * * *
    (iv) The determination of applicability for flexible operation 
units as specified in Sec. 63.1310(f).
* * * * *
    (vi) The results for each predominant use determination made under 
Sec. 63.1310(g), for storage vessels assigned to an affected source 
subject to this subpart.
    (vii) The results for each predominant use determination made under 
Sec. 63.1310(h), for recovery operations equipment assigned to an 
affected source subject to this subpart.
    (viii) For owners or operators of Group 2 batch process vents 
establishing a batch mass input limitation as specified in 
Sec. 63.1325(g), the affected source's operating year for purposes of 
determining compliance with the batch mass input limitation.
    (ix) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.1311, and if the provisions of 
Sec. 63.1311 allow the owner or operator to choose which testing, 
monitoring, reporting, and recordkeeping provisions will be followed, 
then the Notification of Compliance Status shall indicate which rule's 
requirements will be followed for testing, monitoring, reporting, and 
recordkeeping.
    (x) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec. 63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (xi) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Notification of 
Compliance Status or as part of the appropriate Periodic Report as 
specified in paragraph (e)(6)(ix) of this section.
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i)

[[Page 38136]]

through (e)(6)(xi) of this section. In addition, for equipment leaks 
subject to Sec. 63.1331, the owner or operator shall submit the 
information specified in Sec. 63.182(d) under the conditions listed in 
Sec. 63.182(d), and for heat exchange systems subject to Sec. 63.1328, 
the owner or operator shall submit the information specified in 
Sec. 63.104(f)(2) as part of the Periodic Report required by this 
paragraph (e)(6). Section 63.1334 shall govern the use of monitoring 
data to determine compliance for Group 1 emissions points and for Group 
1 and Group 2 emission points included in emissions averages with the 
following exception: As discussed in Sec. 63.1314(a)(9), for storage 
vessels to which the provisions of Sec. 63.1334 do not apply, as 
specified in the monitoring plan required by Sec. 63.120(d)(2), the 
owner or operator is required to comply with the requirements set out 
in the monitoring plan, and monitoring records may be used to determine 
compliance.
    (i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or containing the information in paragraphs 
(e)(6)(iii) through (e)(6)(x) of this section, as appropriate, shall be 
submitted semiannually no later than 60 days after the end of each 6-
month period. The first report shall be submitted no later than 240 
days after the date the Notification of Compliance Status is due and 
shall cover the 6-month period beginning on the date the Notification 
of Compliance Status is due.
    (ii) If none of the compliance exceptions specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period, the Periodic Report required by paragraph (e)(6)(i) of 
this section shall be a statement that there were no compliance 
exceptions as described in this paragraph for the 6-month period 
covered by that report and no activities specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
    (iii) * * *
    (B) The daily average values or batch cycle daily average values of 
monitored parameters for both excused excursions, as defined in 
Sec. 63.1334(g), and unexcused excursions, as defined in 
Sec. 63.1334(f). For excursions caused by lack of monitoring data, the 
start-time and duration of periods when monitoring data were not 
collected shall be specified.
    (C) [Reserved]
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(4) of this section, as applicable:
* * * * *
    (2) Notification if a process change is made such that the group 
status of any emission point changes from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process 
change if that process change caused the group status of an emission 
point to change from Group 1 to Group 2. However, until the owner or 
operator notifies the Administrator that the group status of an 
emission point has changed from Group 1 to Group 2, the owner or 
operator is required to continue to comply with the Group 1 
requirements for that emission point. This notification may be 
submitted at any time.
    (3) Notification if one or more emission point(s) (other than 
equipment leaks) or one or more TPPU is added to an affected source. 
The owner or operator shall submit the information contained in 
paragraphs (e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this 
section:
    (i) A description of the addition to the affected source; and
    (ii) Notification of the group status of the additional emission 
point or all emission points in the TPPU.
    (4) For process wastewater streams sent for treatment pursuant to 
Sec. 63.132(g), reports of changes in the identity of the treatment 
facility or transferee.
* * * * *
    (iv) For each batch process vent with a batch mass input 
limitation, every second Periodic Report shall include the mass of HAP 
or material input to the batch unit operation during the 12-month 
period covered by the preceding and current Periodic Reports, and a 
statement of whether the batch process vent was in or out of compliance 
with the batch mass input limitation.
    (v) * * *
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information, 
pertaining to the performance test, that is requested on a case-by-case 
basis by the Administrator shall be submitted, but a complete test 
report is not required.
    (vi) Notification of a change in the primary product of a TPPU, in 
accordance with the provisions in Sec. 63.1310(f). This includes a 
change in primary product from one thermoplastic product to either 
another thermoplastic product or to a non-thermoplastic product.
    (vii) The results for each change made to a predominant use 
determination made under Sec. 63.1310(g) for a storage vessel that is 
assigned to an affected source subject to this subpart after the 
change. (viii) The Periodic Report shall include the results for each 
change made to a predominant use determination made under 
Sec. 63.1310(h) for recovery operations equipment assigned to an 
affected source subject to this subpart after the change.
    (ix) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Periodic Report or as 
part of the Notification of Compliance Status as specified in paragraph 
(e)(5)(xi) of this section.
    (x) An owner or operator electing not to retain daily average or 
batch cycle daily average values under paragraph (h)(2) of this section 
shall notify the Administrator as specified in paragraph (h)(2)(i) of 
this section.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C) 
of this section.
    (A) The quarterly reports shall be submitted no later than 60 days 
after the end of each quarter. The first report shall be submitted with 
the Notification of Compliance Status no later than 150 days after the 
compliance date.
    (B) The quarterly reports shall include the information specified 
in paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section 
for all emission points included in an emissions average.
    (1) The credits and debits calculated each month during the 
quarter;
    (2) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as 
required under Sec. 63.1332(e)(4);
    (3) The values of any inputs to the debit and credit equations in 
Sec. 63.1332(g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter;
    (4) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (e)(6)(v) 
of this section;
    (5) Reports of daily average (or batch cycle daily average) values 
of monitored parameters for excursions as defined in Sec. 63.1334(f);
    (6) For excursions caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected shall be specified; 
and

[[Page 38137]]

    (7) Any other information the affected source is required to report 
under the operating permit or Emissions Averaging Plan for the affected 
source.
    (C) Every fourth quarterly report shall include the following:
    (1) A demonstration that annual credits are greater than or equal 
to annual debits as required by Sec. 63.1332(e)(3); and
    (2) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.1332.
    (xii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
not included in an emissions average as specified in paragraphs 
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
    (A) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point or 
process section that is not included in an emissions average if:
    (1) A control or recovery device for a particular emission point or 
process section has more excursions, as defined in Sec. 63.1334(f), 
than the number of excused excursions allowed under Sec. 63.1334(g) for 
a semiannual reporting period; or
    (2) The Administrator requests that the owner or operator submit 
quarterly reports for the emission point or process section.
    (B) The quarterly reports shall include all information specified 
in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable 
to the emission point or process section for which quarterly reporting 
is required under paragraph (e)(6)(xii)(A) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (e)(6)(i) 
of this section.
    (C) Quarterly reports shall be submitted no later than 60 days 
after the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year without more excursions occurring (during that year) 
than the number of excused excursions allowed under Sec. 63.1334(g), 
the owner or operator may return to semiannual reporting for the 
emission point or process section.
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(iv) of this section.
* * * * *
    (ii) For owners or operators of affected sources required to 
request approval for a nominal control efficiency for use in 
calculating credits for an emissions average, the information specified 
in Sec. 63.1332(i) shall be submitted as specified in paragraph 
(e)(7)(ii)(A) or (B) of this section, as appropriate.
    (A) If use of a nominal control efficiency is part of the initial 
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this 
section, the information in paragraph (e)(7)(ii) of this section shall 
be submitted with the Emissions Averaging Plan.
    (B) If an owner or operator elects to use a nominal control 
efficiency after submittal of the initial Emissions Averaging Plan as 
described in paragraph (e)(4)(ii) of this section, the information in 
paragraph (e)(7)(ii) of this section shall be submitted at the 
discretion of the owner or operator.
    (iii) When the conditions of Secs. 63.1310(f)(3)(iii), 
63.1310(f)(9), or 63.1310(f)(10)(iii) are met, reports of changes to 
the primary product for a TPPU or process unit as required by 
Secs. 63.1310(f)(3)(iii), 63.1310(f)(9), or 63.1310(f)(10)(iii)(C), 
respectively, shall be submitted.
    (iv) Owners or operators of TPPU or emission points (other than 
equipment leak components subject to Sec. 63.1331) that are subject to 
Sec. 63.1310(i)(1) or (i)(2) shall submit a report as specified in 
paragraphs (e)(7)(iv)(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. 63.1310(i)(1) or (2); and
    (3) Identification of the group status of emission points (except 
equipment leak components subject to Sec. 63.1331) specified in 
paragraphs (e)(7)(iv)(A)(3)(i) through (e)(7)(iv)(A)(3)(iii) of this 
section, as applicable.
    (i) All the emission points in the added TPPU as described in 
Sec. 63.1310(i)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.1310(i)(2)(i).
    (iii) All the added or created emission points as described in 
Sec. 63.1310(i)(2)(ii) or (i)(2)(iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
emissions from a batch emissions episode, or wishes to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.1334(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(iv)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(iv)(B)(1) through (e)(7)(iv)(B)(3) of this section, as 
appropriate.
    (1) Owners or operators of an added TPPU subject to 
Sec. 63.1310(i)(1) shall submit a report no later than 180 days prior 
to the compliance date for the TPPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.1310(i)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners or operators of any emission point (other than equipment 
leak components subject to Sec. 63.1331) subject to 
Sec. 63.1310(i)(2)(ii) or (i)(2)(iii) shall submit a report no later 
than 180 days prior to the compliance date for those emission points.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of an Emissions Averaging Plan 
or a Precompliance Report shall include the following information with 
the operating permit application:
    (i) The information specified in paragraph (e)(4) of this section 
for points included in an emissions average; and
    (ii) The information specified in paragraph (e)(3) of this section, 
Precompliance Report, as applicable.
    (f) Alternative monitoring parameters. The owner or operator who 
has been directed by any section of this subpart or any section of 
another subpart referenced by this subpart, that expressly referenced 
this paragraph (f) to set unique monitoring parameters, or who requests 
approval to monitor a different parameter than those specified in 
Sec. 63.1314 for storage vessels, Sec. 63.1315 or Sec. 63.1317, as 
appropriate, for continuous process vents, Sec. 63.1321 for batch 
process vents and aggregate batch vent streams, or Sec. 63.1330 for 
process wastewater shall submit the information specified in paragraphs 
(f)(1) through (f)(3) of this section in the Precompliance Report, as 
required by paragraph (e)(3) of this section. The owner or operator 
shall retain for a period of 5 years each record required by paragraphs 
(f)(1) through (f)(3) of this section.
* * * * *
    (3) The required information shall include a description of the 
proposed monitoring, recordkeeping, and reporting system, to include 
the frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and

[[Page 38138]]

reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section is met:
* * * * *
    (g) Alternative continuous monitoring and recordkeeping. An owner 
or operator choosing not to implement the provisions listed in 
Sec. 63.1315 or Sec. 63.1317, as appropriate, for continuous process 
vents, Sec. 63.1321 for batch process vents and aggregate batch vent 
streams, or Sec. 63.1330 for process wastewater, may instead request 
approval to use alternative continuous monitoring and recordkeeping 
provisions according to the procedures specified in paragraphs (g)(1) 
through (g)(4) of this section. Requests shall be submitted in the 
Precompliance Report as specified in paragraph (e)(3)(iv) of this 
section, if not already included in the operating permit application, 
and shall contain the information specified in paragraphs (g)(2)(ii) 
and (g)(3)(ii) of this section, as applicable.
* * * * *
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency, but records all values 
that meet set criteria for variation from previously recorded values, 
in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section.
    (i) * * *
    (A) Measure the operating parameter value at least once during 
every 15 minute period;
* * * * *
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f)(4).
    (h) Reduced recordkeeping program. For any parameter with respect 
to any item of equipment, the owner or operator may implement the 
recordkeeping requirements specified in paragraph (h)(1) or (h)(2) of 
this section as alternatives to the continuous operating parameter 
monitoring and recordkeeping provisions that would otherwise apply 
under this subpart. The owner or operator shall retain for a period of 
5 years each record required by paragraph (h)(1) or (h)(2) of this 
section, except as otherwise provided in paragraph (h)(1)(vi)(D) of 
this section.
    (1) The owner or operator may retain only the daily average (or 
batch cycle daily average) value, and is not required to retain more 
frequent monitored operating parameter values, for a monitored 
parameter with respect to an item of equipment, if the requirements of 
paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An 
owner or operator electing to comply with the requirements of paragraph 
(h)(1) of this section shall notify the Administrator in the 
Notification of Compliance Status as specified in paragraph (e)(5)(xi) 
of this section or, if the Notification of Compliance Status has 
already been submitted, in the Periodic Report immediately preceding 
implementation of the requirements of paragraph (h)(1) of this section 
as specified in paragraph (e)(6)(ix) of this section.
* * * * *
    (ii) * * *
    (B) The running average is based on at least six 1-hour average 
values; and
* * * * *
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that 
is being monitored.
* * * * *
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
* * * * *
    (B) A description of the applicable monitoring system(s), and of 
how compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (h)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage, log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description, as provided in paragraph (a) of this section, except as 
provided in paragraph (h)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to impair its ability to 
comply with the requirements of paragraph (h)(1) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system 
as long as the description is current. The current description shall, 
at all times, be retained on-site or be accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request. The owner or operator shall retain all superseded 
descriptions for at least 5 years after the date of their creation. 
Superseded descriptions shall be retained on-site (or accessible from a 
central location by computer or other means that provides access within 
2 hours after a request) for at least 6 months after their creation. 
Thereafter, superseded descriptions may be stored off-site.
    (2) * * *
    (i) If the owner or operator elects not to retain the daily average 
(or batch cycle daily average) values, the owner or operator shall 
notify the Administrator in the next Periodic Report as specified in 
paragraph (e)(6)(x) of this section. The notification shall identify 
the parameter and unit of equipment.
* * * * *
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through (h)(1)(iii) of this section, for the 
duration specified in paragraph (h) of this section. For any calendar 
week, if compliance with paragraphs (h)(1)(i) through (h)(1)(iv) of 
this section does not result in retention of a record of at least one 
occurrence or measured parameter value, the owner or operator shall 
record and retain at least one parameter value during a period of 
operation other than a start-up, shutdown, or malfunction.
* * * * *

    54. Revising Tables 1, 2, 6, 7, and 8, and adding Table 9 to 
Subpart JJJ of Part 63, to read as follows:

 Table 1 to Subpart JJJ of Part 63.--Applicability of General Provisions
                     to Subpart JJJ Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart JJJ          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes..............  Sec.  63.1312
                                                    specifies
                                                    definitions in
                                                    addition to or that
                                                    supersede
                                                    definitions in Sec.
                                                    63.2.
63.1(a)(2)....................  Yes..............
63.1(a)(3)....................  Yes..............  Sec.  63.1311(g)
                                                    through (l) and Sec.
                                                     63.160(b) identify
                                                    those standards
                                                    which may apply in
                                                    addition to the
                                                    requirements of
                                                    subparts JJJ and H
                                                    of this part, and
                                                    specify how
                                                    compliance shall be
                                                    achieved.

[[Page 38139]]

 
63.1(a)(4)....................  Yes..............  Subpart JJJ (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    JJJ.
63.1(a)(5)....................  No...............  [Reserved.]
63.1(a)(6)-63.1(a)(8).........  Yes..............
63.1(a)(9)....................  No...............  [Reserved.]
63.1(a)(10)...................  Yes..............
63.1(a)(11)...................  Yes..............
63.1(a)(12)-63.1(a)(14).......  Yes..............
63.1(b)(1)....................  No...............  Sec.  63.1310(a)
                                                    contains specific
                                                    applicability
                                                    criteria.
63.1(b)(2)....................  Yes..............
63.1(b)(3)....................  No...............  Sec.  63.1310(b)
                                                    provides
                                                    documentation
                                                    requirements for
                                                    TPPUs not considered
                                                    affected sources.
63.1(c)(1)....................  Yes..............  Subpart JJJ (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    JJJ.
63.1(c)(2)....................  No...............  Area sources are not
                                                    subject to subpart
                                                    JJJ.
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 that
                                                    are not required by
                                                    subpart JJJ.
63.1(d).......................  No...............  [Reserved.]
63.1(e).......................  Yes..............
63.2..........................  Yes..............  Sec.  63.1312
                                                    specifies those
                                                    subpart A
                                                    definitions that
                                                    apply to subpart
                                                    JJJ.
63.3..........................  Yes..............
63.4(a)(1)-63.4(a)(3).........  Yes..............
63.4(a)(4)....................  No...............  [Reserved.]
63.4(a)(5)....................  Yes..............
63.4(b).......................  Yes..............
63.4(c).......................  Yes..............
63.5(a)(1)....................  Yes..............  Except the terms
                                                    ``source'' and
                                                    ``stationary
                                                    source'' should be
                                                    interpreted as
                                                    having the same
                                                    meaning as
                                                    ``affected source.''
63.5(a)(2)....................  Yes..............
63.5(b)(1)....................  Yes..............  Except Sec.
                                                    63.1310(i) 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
                                                    and Sec.  63.9(b)
                                                    requirements do not
                                                    apply.
63.5(b)(5)....................  Yes..............
63.5(b)(6)....................  Yes..............  Except that Sec.
                                                    63.1310(i) defines
                                                    when construction or
                                                    reconstruction is
                                                    subject to new
                                                    source standards.
63.5(c).......................  No...............  [Reserved.]
63.5(d)(1)(i).................  Yes..............  Except that the
                                                    references to the
                                                    Initial Notification
                                                    and Sec.  63.9(b)(5)
                                                    do not apply.
63.5(d)(1)(ii)................  Yes..............  Except that Sec.
                                                    63.5(d)(1)(ii)(H)
                                                    does not apply.
63.5(d)(1)(iii)...............  No...............  Secs.  63.1335(e)(5)
                                                    and 63.1331(a)(4)
                                                    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.
                                                    63.1331 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)....................  No...............  The dates specified
                                                    in Sec.  63.1311(b)
                                                    apply, instead.
63.6(b)(2)....................  No...............
63.6(b)(3)....................  No...............
63.6(b)(4)....................  No...............
63.6(b)(5)....................  No...............
63.6(b)(6)....................  No...............  [Reserved.]
63.6(b)(7)....................  No...............
63.6(c)(1)....................  Yes..............  Except that Sec.
                                                    63.1311 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. Does not
                                                    apply to Group 2
                                                    emission points,
                                                    unless they are
                                                    included in an
                                                    emissions
                                                    average.\a\
63.6(e)(1)(i).................  No...............  This is addressed by
                                                    Sec.  63.1310(j)(4).

[[Page 38140]]

 
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.
                                                    63.1331), the start-
                                                    up, shutdown, and
                                                    malfunction plan
                                                    requirement of Sec.
                                                    63.6(e)(3)(i) is
                                                    limited to control
                                                    devices and is
                                                    optional for other
                                                    equipment. The start-
                                                    up, shutdown,
                                                    malfunction plan may
                                                    include written
                                                    procedures that
                                                    identify conditions
                                                    that justify a delay
                                                    of repair.
63.6(e)(3)(i)(A)..............  No...............  This is addressed by
                                                    Sec.  63.1310(j)(4).
63.6(e)(3)(i)(B)..............  Yes..............
63.6(e)(3)(i)(C)..............  Yes..............
63.6(e)(3)(ii)................  Yes..............
63.3(e)(3)(iii)...............  No...............  Recordkeeping and
                                                    reporting are
                                                    specified in Sec.
                                                    63.1335(b)(1).
63.6(e)(3)(iv)................  No...............  Recordkeeping and
                                                    reporting are
                                                    specified in Sec.
                                                    63.1335(b)(1).
63.6(e)(3)(v).................  Yes..............
63.6(e)(3)(vi)................  Yes..............
63.6(e)(3)(vii)...............  Yes..............
63.6(e)(3)(vii) (A)...........  Yes..............
63.6(e)(3)(vii) (B)...........  Yes..............  Except the plan shall
                                                    provide for
                                                    operation in
                                                    compliance with Sec.
                                                     63.1310(j)(4).
63.6(e)(3)(vii) (C)...........  Yes..............
63.6(e)(3)(viii)..............  Yes..............
63.6(f)(1)....................  Yes..............
63.6(f)(2)....................  Yes..............  Except Sec.  63.7(c),
                                                    as referred to in
                                                    Sec.  63.6(f)(2)(iii
                                                    )(D), does not
                                                    apply, and except
                                                    that Sec.
                                                    63.6(f)(2)(ii) does
                                                    not apply to
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.1331.
63.6(f)(3)....................  Yes..............
63.6(g).......................  Yes..............
63.6(h).......................  No...............  Subpart JJJ 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.  63.1311(e)
                                                    and Sec.
                                                    63.1335(e)(3)(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.  63.1335(e)(5)
                                                    specifies the
                                                    submittal dates of
                                                    performance test
                                                    results for all
                                                    emission points
                                                    except equipment
                                                    leaks; for equipment
                                                    leaks, compliance
                                                    demonstration
                                                    results are reported
                                                    in the Periodic
                                                    Reports.
63.7(a)(3)....................  Yes..............
63.7(b).......................  No...............  Sec.  63.1333(a)(4)
                                                    specifies
                                                    notification
                                                    requirements.
63.7(c).......................  No...............
63.7(d).......................  Yes..............
63.7(e)(1)....................  Yes..............  Except that all
                                                    performance tests
                                                    shall be conducted
                                                    at maximum
                                                    representative
                                                    operating conditions
                                                    achievable at the
                                                    time without
                                                    disruption of
                                                    operations or damage
                                                    to equipment.
63.7(e)(2)....................  Yes..............
63.7(e)(3)....................  No...............  Subpart JJJ specifies
                                                    requirements.
63.7(e)(4)....................  Yes..............
63.7(f).......................  Yes..............  Except that Sec.
                                                    63.144(b)(5)(iii)(A)
                                                    and (B) shall apply
                                                    for process
                                                    wastewater. Also,
                                                    because a site
                                                    specific test plan
                                                    is not required, the
                                                    notification
                                                    deadline in Sec.
                                                    63.7(f)(2)(i) shall
                                                    be 60 days prior to
                                                    the performance
                                                    test, and in Sec.
                                                    63.7(f)(3), approval
                                                    or disapproval of
                                                    the alternative test
                                                    method shall not be
                                                    tied to the site
                                                    specific test plan.
63.7(g).......................  Yes..............  Except that the
                                                    requirements in Sec.
                                                     63.1335(e)(5) shall
                                                    apply instead of
                                                    references to the
                                                    Notification of
                                                    Compliance Status
                                                    report in Sec.
                                                    63.9(h). In
                                                    addition, equipment
                                                    leaks subject to
                                                    Sec.  63.1331 are
                                                    not required to
                                                    conduct performance
                                                    tests.
63.7(h).......................  Yes..............  Except Sec.
                                                    63.7(h)(4)(ii) is
                                                    not applicable,
                                                    because 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 JJJ specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes..............
63.8(c)(1)....................  Yes..............

[[Page 38141]]

 
63.8(c)(1)(i).................  Yes..............
63.8(c)(1)(ii)................  No...............  For all emission
                                                    points except
                                                    equipment leaks,
                                                    comply with Sec.
                                                    63.1335(b)(1)(i)(B);
                                                    for equipment leaks,
                                                    comply with Sec.
                                                    63.181(g)(2)(iii).
63.8(c)(1)(iii)...............  Yes..............
63.8(c)(2)....................  Yes..............
63.8(c)(3)....................  Yes..............
63.8(c)(4)....................  No...............  Sec.  63.1334
                                                    specifies monitoring
                                                    frequency; not
                                                    applicable to
                                                    equipment leaks
                                                    because Sec.
                                                    63.1331 does not
                                                    require continuous
                                                    monitoring systems.
63.8(c)(5)-63.8(c)(8).........  No...............
63.8(d).......................  No...............
63.8(e).......................  No...............
63.8(f)(1)-63.8(f)(3).........  Yes..............
63.8(f)(4)(i).................  No...............  Timeframe for
                                                    submitting request
                                                    is specified in Sec.
                                                     63.1335(f) or (g);
                                                    not applicable to
                                                    equipment leaks
                                                    because Sec.
                                                    63.1331 (through
                                                    reference to subpart
                                                    H) specifies
                                                    acceptable
                                                    alternative methods.
63.8(f)(4)(ii)................  No...............  Contents of request
                                                    are specified in
                                                    Sec.  63.1335(f) or
                                                    (g).
63.8(f)(4)(iii)...............  No...............
63.8(f)(5)(i).................  Yes..............
63.8(f)(5)(ii)................  No...............
63.8(f)(5)(iii)...............  Yes..............
63.8(f)(6)....................  No...............  Subpart JJJ does not
                                                    require continuous
                                                    emission monitors.
63.8(g).......................  No...............  Data reduction
                                                    procedures specified
                                                    in Sec.  63.1335(d)
                                                    and (h); not
                                                    applicable to
                                                    equipment leaks.
63.9(a).......................  Yes..............
63.9(b).......................  No...............  Subpart JJJ does not
                                                    require an initial
                                                    notification.
63.9(c).......................  Yes..............
63.9(d).......................  Yes..............
63.9(e).......................  No...............  Sec.  63.1333(a)(4)
                                                    specifies
                                                    notification
                                                    deadline.
63.9(f).......................  No...............  Subpart JJJ does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.9(g).......................  No...............
63.9(h).......................  No...............  Sec.  63.1335(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.  63.1335(a)
                                                    specifies record
                                                    retention
                                                    requirements.
63.10(b)(2)...................  No...............  Subpart JJJ specifies
                                                    recordkeeping
                                                    requirements.
63.10(b)(3)...................  No...............  Sec.  63.1310(b)
                                                    requires
                                                    documentation of
                                                    sources that are not
                                                    affected sources.
63.10(c)......................  No...............  Sec.  63.1335
                                                    specifies
                                                    recordkeeping
                                                    requirements.
63.10(d)(1)...................  Yes..............
63.10(d)(2)...................  No...............  Sec.  63.1335(e)
                                                    specifies
                                                    performance test
                                                    reporting
                                                    requirements; not
                                                    applicable to
                                                    equipment leaks.
63.10(d)(3)...................  No...............  Subpart JJJ 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) may
                                                    be submitted at the
                                                    same time as
                                                    Periodic Reports
                                                    specified in Sec.
                                                    63.1335(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
                                                    unless they are
                                                    included in an
                                                    emissions average.
63.10(d)(5)(ii)...............  No...............
63.10(e)......................  No...............  Sec.  63.1335
                                                    specifies reporting
                                                    requirements.
63.10(f)......................  Yes..............
63.11.........................  Yes..............  Except that instead
                                                    of Sec.  63.11(b),
                                                    Sec.  63.1333(e)
                                                    shall apply.
63.12.........................  Yes..............  Except that the
                                                    authority of Sec.
                                                    63.1332(i) and the
                                                    authority of Sec.
                                                    63.177 (for
                                                    equipment leaks)
                                                    shall 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 unless they are
  included in an emissions average.


[[Page 38142]]


            Table 2 to Subpart JJJ of Part 63.--Group 1 Storage Vessels at Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
                        Vessel capacity (cubic meters)                          Vapor pressure \a\ (kilopascals)
----------------------------------------------------------------------------------------------------------------
75capacity 151....................................................  13.1
151capacity.......................................................  5.2
----------------------------------------------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage temperature.


                       Table 6 to Subpart JJJ of Part 63.--Known Organic HAP Emitted From the Production of Thermoplastic Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Organic HAP/chemical name (CAS No.)
                                  ----------------------------------------------------------------------------------------------------------------------
Thermoplastic product/subcategory    Acetaldehyde    Acrylonitrile    1,3 Butadiene     1,4-Dioxane    Ethylene Glycol  Methanol (67-56- Styrene (100-42-
                                      (75-07-0)        (107-13-1)       (106-99-0)       (123-91-1)       (107-21-1)           1)               5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABS latex........................                                                                                                 
BS using a batch emulsion process                                                                                                 
ABS using a batch suspension                                                                                                      
 process.........................
ABS using a continuous emulsion                                                                                                   
 process.........................
ABS using a continuous mass                                                                                                       
 process.........................
ASA/AMSAN........................                                                                                                        
EPS..............................                                                                                                               
MABS.............................                                                                                                               
BS...............................                                                                                                        
Nitrile resin....................                          
PET using a batch dimethyl                                                                                
 terephthalate process...........
PET using a batch terephthalic                                                                  
 acid process....................
PET using a continuous dimethyl                                                                           
 terephthalate process...........
PET using a continuous                                                                          
 terephthalic acid process.......
PET using a continuous                                                                          
 terephthalic acid high viscosity
 multiple end finisher process...
Polystyrene resin using a batch                                                                                                                 
 process.........................
Polystyrene resin using a                                                                                                                       
 continuous process..............
SAN using a batch process........                                                                                                        
SAN using a continuous process...                                                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
ABS = Acrylonitrile butadiene styrene resin.
ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.
EPS = expandable polystyrene resin.
MABS = methyl methacrylate acrylonitrile butadiene styrene resin.
PET = poly(ethylene terephthalate) resin.
SAN = styrene acrylonitrile resin.
MBS = methyl methacrylate butadiene styrene resin.


[[Page 38143]]


  Table 7 of Subpart JJJ of Part 63.--Group 1 Batch Process Vents and Aggregate Batch Vent Streams--Monitoring,
                                    Recordkeeping, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
                                            Parameters to be       Recordkeeping and reporting requirements for
            Control device                     monitored                       monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator...................  Firebox temperature a..  1. Continuous records as specified in Sec.
                                                                  63.1326(e)(1).b
                                                                 2. Record and report the average firebox
                                                                  temperature measured during the performance
                                                                  test--NCS.c
                                                                 3. Record the batch cycle daily average firebox
                                                                  temperature as specified in Sec.
                                                                  63.1326(e)(2).
                                                                 4. Report all batch cycle daily average
                                                                  temperatures that are below the minimum
                                                                  operating value established in the NCS or
                                                                  operating permit and all instances when
                                                                  monitoring data are not collected--PR.d, e
Catalytic incinerator.................  Temperature upstream     1. Continuous records as specified in Sec.
                                         and downstream of the    63.1326(e)(1).b
                                         catalyst bed.
                                                                 2. Record and report the average upstream and
                                                                  downstream temperatures and the average
                                                                  temperature difference across the catalyst bed
                                                                  measured during the performance test--NCS.c
                                                                 3. Record the batch cycle daily average
                                                                  upstream temperature and temperature
                                                                  difference across catalyst bed as specified in
                                                                  Sec.  63.1326(e)(2).
                                                                 4. Report all batch cycle daily average
                                                                  upstream temperatures that are below the
                                                                  minimum upstream value established in the NCS
                                                                  or operating permit--PR.d, e
                                                                 5. Report all batch cycle daily average
                                                                  temperature differences across the catalyst
                                                                  bed that are below the minimum difference
                                                                  established in the NCS or operating permit--
                                                                  PR.d,e
                                                                 6. Report all instances when monitoring data
                                                                  are not collected.e
Boiler or Process Heater with a design  Firebox temperature a..  1. Continuous records as specified in Sec.
 heat input capacity less than 44                                 63.1326(e)(1).b
 megawatts and where the batch process
 vents or aggregate batch vent streams
 are not introduced with or used as
 the primary fuel.
                                                                 2. Record and report the average firebox
                                                                  temperature measured during the performance
                                                                  test--NCSc
                                                                 3. Record the batch cycle daily average firebox
                                                                  temperature as specified in Sec.
                                                                  63.1326(e)(2).d
                                                                 4. Report all batch cycle daily average
                                                                  temperatures that are below the minimum
                                                                  operating value established in the NCS or
                                                                  operating permit and all instances when
                                                                  monitoring data are not collected--PR.d e
Flare.................................  Presence of a flame at   1. Hourly records of whether the monitor was
                                         the pilot light.         continuously operating during batch emission
                                                                  episodes, or portions thereof, selected for
                                                                  control and whether a flame was continuously
                                                                  present at the pilot light during said
                                                                  periods.
                                                                 2. Record and report the presence of a flame at
                                                                  the pilot light over the full period of the
                                                                  compliance determination--NCS.\c\
                                                                 3. Record the times and durations of all
                                                                  periods during batch emission episodes, or
                                                                  portions thereof, selected for control when
                                                                  all flames at the pilot light of a flare are
                                                                  absent or the monitor is not operating.
                                                                 4. Report the times and durations of all
                                                                  periods during batch emission episodes, or
                                                                  portions thereof, selected for control when
                                                                  all flames at the pilot light of a flare are
                                                                  absent--PR.\d\
Scrubber for halogenated batch process  pH of scrubber           1. Continuous records as specified in Sec.
 vents or aggregate batch vent streams   effluent, and.           63.1326(e)(1). \b\
 (Note: Controlled by a combustion
 device other than a flare).
                                                                 2. Record and report the average pH of the
                                                                  scrubber effluent measured during the
                                                                  performance test--NCS.\c\
                                                                 3. Record the batch cycle daily average pH of
                                                                  the scrubber effluent as specified in Sec.
                                                                  63.1326(e)(2).
                                                                 4. Report all batch cycle daily average pH
                                                                  values of the scrubber effluent that are below
                                                                  the minimum operating value established in the
                                                                  NCS or operating permit and all instances when
                                                                  monitoring data are not collected--PR.\d e\
Scrubber for halogenated batch process  Scrubber liquid and gas  1. Records as specified in Sec.  63.1326(e)(1).
 vents or aggregate batch vent streams   flow rates [Sec.         \b\
 (Note: Controlled by a combustion       63.1324(b)(4)(ii)].
 device other than a flare).
                                                                 2. Record and report the scrubber liquid/gas
                                                                  ratio averaged over the full period of the
                                                                  performance test--NCS.\c\
                                                                 3. Record the batch cycle daily average
                                                                  scrubber liquid/gas ratio as specified in Sec.
                                                                   63.1326(e)(2).

[[Page 38144]]

 
                                                                 4. Report all batch cycle daily average
                                                                  scrubber liquid/gas ratios that are below the
                                                                  minimum value established in the NCS or
                                                                  operating permit and all instances when
                                                                  monitoring data are not collected--PR.d, e
Absorber \f\..........................  Exit temperature of the  1. Continuous records as specified in Sec.
                                         absorbing liquid, and.   63.1326(e)(1).b
                                                                 2. Record and report the average exit
                                                                  temperature of the absorbing liquid measured
                                                                  during the performance test--NCS.c
                                                                 3. Record the batch cycle daily average exit
                                                                  temperature of the absorbing liquid as
                                                                  specified in Sec.  63.1326(e)(2) for each
                                                                  batch cycle.
                                                                 4. Report all the batch cycle daily average
                                                                  exit temperatures of the absorbing liquid that
                                                                  are below the minimum operating value
                                                                  established in the NCS or operating permit and
                                                                  all instances when monitoring data are not
                                                                  collected--PR.d, e
Absorber f............................  Exit specific gravity    1. Continuous records as specified in Sec.
                                         for the absorbing        63.1326(e)(1).b
                                         liquid.
                                                                 2. Record and report the average exit specific
                                                                  gravity measured during the performance test--
                                                                  NCS.c
                                                                 3. Record the batch cycle daily average exit
                                                                  specific gravity as specified in Sec.
                                                                  63.1326(e)(2).
                                                                 4. Report all batch cycle daily average exit
                                                                  specific gravity values that are below the
                                                                  minimum operating value established in the NCS
                                                                  or operating permit and all instances when
                                                                  monitoring data are not collected--PR.d, e
Condenser f...........................  Exit (product side)      1. Continuous records as specified in Sec.
                                         temperature.             63.1326(e)(1).b
                                                                 2. Record and report the average exit
                                                                  temperature measured during the performance
                                                                  test--NCS.c
                                                                 3. Record the batch cycle daily average exit
                                                                  temperature as specified in Sec.
                                                                  63.1326(e)(2).
                                                                 4. Report all batch cycle daily average exit
                                                                  temperatures that are above the maximum
                                                                  operating value established in the NCS or
                                                                  operating permit and all instances when
                                                                  monitoring data are not collected--PR.d, e
Carbon Adsorber f.....................  Total regeneration       1. Record the total regeneration steam flow or
                                         steam flow or nitrogen   nitrogen flow, or pressure for each carbon bed
                                         flow, or pressure        regeneration cycle.
                                         (gauge or absolute)
                                         during carbon bed
                                         regeneration cycle(s),
                                         and.
                                                                 2. Record and report the total regeneration
                                                                  steam flow or nitrogen flow, or pressure
                                                                  during each carbon bed regeneration cycle
                                                                  measured during the performance test--NCS.c
                                                                 3. Report all carbon bed regeneration cycles
                                                                  when the total regeneration steam flow or
                                                                  nitrogen flow, or pressure is above the
                                                                  maximum value established in the NCS or
                                                                  operating permit--PR.d, e
Carbon Adsorber.......................  Temperature of the       1. Record the temperature of the carbon bed
                                         carbon bed after         after each regeneration and within 15 minutes
                                         regeneration and         of completing any cooling cycle(s).
                                         within 15 minutes of
                                         completing any cooling
                                         cycle(s).
                                                                 2. Record and report the temperature of the
                                                                  carbon bed after each regeneration and within
                                                                  15 minutes of completing any cooling cycles(s)
                                                                  measured during the performance test--NCS.\c\
                                                                 3. Report all carbon bed regeneration cycles
                                                                  when the temperature of the carbon bed after
                                                                  regeneration, or within 15 minutes of
                                                                  completing any cooling cycle(s), is above the
                                                                  maximum value established in the NCS or
                                                                  operating permit--PR.d, e
All control devices...................  Diversion to the         1. Hourly records of whether the flow indicator
                                         atmosphere from the      was operating during batch emission episodes,
                                         control device or.       or portions thereof, selected for control and
                                                                  whether a diversion was detected at any time
                                                                  during said periods as specified in Sec.
                                                                  63.1326(e)(3).

[[Page 38145]]

 
                                                                 2. Record and report the times of all periods
                                                                  during batch emission episodes, or portions
                                                                  thereof, selected for control when emissions
                                                                  are diverted through a bypass line or the flow
                                                                  indicator is not operating--PR.\d\
All control devices...................  Monthly inspections of   1. Records that monthly inspections were
                                         sealed valves.           performed as specified in Sec.
                                                                  63.1326(e)(4)(i).
                                                                 2. Record and report all monthly inspections
                                                                  that show the valves are in the diverting
                                                                  position or that a seal has been broken--
                                                                  PR.\d\
Absorber, Condenser, and Carbon         Concentration level or   1. Continuous records as specified in Sec.
 Adsorber (as an alternative to the      reading indicated by     63.1326(e)(1).\b\
 requirements previously presented in    an organic monitoring
 this table).                            device at the outlet
                                         of the control device.
                                                                 2. Record and report the average batch vent
                                                                  concentration level or reading measured during
                                                                  the performance test--NCS.\c\
                                                                 3. Record the batch cycle daily average
                                                                  concentration level or reading as specified in
                                                                  Sec.  63.1326(e)(2).
                                                                 4. Report all batch cycle daily average
                                                                  concentration levels or readings that are
                                                                  above the maximum value established in the NCS
                                                                  or operating permit and all instances when
                                                                  monitoring data are not collected--PR.d, e
----------------------------------------------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
  substantial heat exchange is encountered.
b ``Continuous records''; is defined in Sec.  63.111.
c NCS = Notification of Compliance Status described in Sec.  63.1335(e)(5).
d PR = Periodic Reports described in Sec.  63.1335(e)(6).
e The periodic reports shall include the duration of periods when monitoring data are not collected as specified
  in Sec.  63.1335(e)(6)(iii)(C).
f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
  this table.


Table 8 to Subpart JJJ of Part 63--Operating Parameters for Which Levels
  Are Required To Be Established for Continuous and Batch Process Vents
                    and Aggregate Batch Vent Streams
------------------------------------------------------------------------
                                                         Established
           Device               Parameters to be          operating
                                    monitored           parameter(s)
------------------------------------------------------------------------
Thermal incinerator.........  Firebox temperature.  Minimum temperature.
Catalytic incinerator.......  Temperature upstream  Minimum upstream
                               and downstream of     temperature; and
                               the catalyst bed.     minimum temperature
                                                     difference across
                                                     the catalyst bed.
Boiler or process heater....  Firebox temperature.  Minimum temperature.
Scrubber for halogenated      pH of scrubber        Minimum pH; and
 vents.                        effluent; and         minimum liquid/gas
                               scrubber liquid and   ratio.
                               gas flow rates
                               [Sec.  63.1324(b)(4
                               )(ii)].
Absorber....................  Exit temperature of   Maximum temperature;
                               the absorbing         and maximum
                               liquid; and exit      specific gravity.
                               specific gravity of
                               the absorbing
                               liquid.
Condenser...................  Exit temperature....  Maximum temperature.
Carbon adsorber.............  Total regeneration    Maximum flow or
                               steam flow or         pressure; and
                               nitrogen flow, or     maximum
                               pressure (gauge or    temperature.
                               absolute) a during
                               carbon bed
                               regeneration cycle;
                               and temperature of
                               the carbon bed
                               after regeneration
                               (and within 15
                               minutes of
                               completing any
                               cooling cycle(s)).
Other devices (or as an       HAP concentration     Maximum HAP
 alternate to the              level or reading at   concentration or
 requirements previously       outlet of device.     reading.
 presented in this table) b.
------------------------------------------------------------------------
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure
  swing absorbers.
b Concentration is measured instead of an operating parameter.


   Table 9 of Subpart JJJ of Part 63--Routine Reports Required by This
                                 Subpart
------------------------------------------------------------------------
                                 Description of
          Reference                  report               Due date
------------------------------------------------------------------------
Sec.  63.1335(b) and Subpart  Refer to Table 1 and  Refer to Subpart A
 A.                            Subpart A.
63.1335(e)(3)...............  Precompliance Report  Existing affected
                               \a\.                  sources--12 months
                                                     prior to the
                                                     compliance date.
                                                     New affected
                                                     sources--with
                                                     application for
                                                     approval of
                                                     construction or
                                                     reconstruction.
63.1335(e)(4)...............  Emissions Averaging   18 months prior to
                               Plan.                 the compliance
                                                     date.
63.1335(e)(4)(iv)...........  Updates to Emissions  120 days prior to
                               Averaging Plan.       making the change
                                                     necessitating the
                                                     update.

[[Page 38146]]

 
63.1335(e)(5)...............  Notification of       Within 150 days
                               Compliance Status     after the
                               \b\.                  compliance date.
63.1335(e)(6)...............  Periodic Reports....  Semiannually, no
                                                     later than 60 days
                                                     after the end of
                                                     each 6-month
                                                     period. See Sec.
                                                     63.1335(e)(6)(i)
                                                     for the due date
                                                     for the first
                                                     report.
63.1335(e)(6)(xi)...........  Quarterly reports     No later than 60
                               for Emissions         days after the end
                               Averaging.            of each quarter.
                                                     First report is due
                                                     with the
                                                     Notification of
                                                     Compliance Status.
63.1335(e)(6)(xii)..........  Quarterly reports     No later than 60
                               upon request of the   days after the end
                               Administrator.        of each quarter.
63.1335(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.
63.1335(e)(7)(ii)...........  Requests for          Initial submittal is
                               Approval of a         due with the
                               Nominal Control       Emissions Averaging
                               Efficiency for Use    Plan specified in
                               in Emissions          Sec.  63.1335(e)(4)
                               Averaging.            (ii); later
                                                     submittals are made
                                                     at the discretion
                                                     of the owner or
                                                     operator as
                                                     specified in Sec.
                                                     63.1335(e)(7)(ii)
                                                     (B).
63.1335(e)(7)(iii)..........  Notification of       For Notification
                               Change in the         under Sec.
                               Primary Product.      63.1310(f)(3)(ii)--
                                                     notification
                                                     submittal date at
                                                     the discretion of
                                                     the owner or
                                                     operator.\c\
                                                    For Notification
                                                     under Sec.
                                                     63.1310(f)(4)(ii)--
                                                     within 6 months of
                                                     making the
                                                     determination.
------------------------------------------------------------------------
\a\ There may be two versions of this report due at different times; one
  for equipment subject to Sec.  63.1331 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.  63.1331 and one for other emission
  points subject to this subpart.
\c\ Note that the TPPU remains subject to this subpart until the
  notification under Sec.  63.1310(f)(3)(i) is made.

[FR Doc. 00-11418 Filed 6-16-00; 8:45 am]
BILLING CODE 6560-50-P