[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Rules and Regulations]
[Pages 6922-6939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-60]



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Part V





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Organic Hazardous Air Pollutants From the Synthetic Organic 
Chemical Manufacturing Industry and Other Processes Subject to the 
Negotiated Regulation for Equipment Leaks; Final Rule

  Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules 
and Regulations  

[[Page 6922]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6923-8]
RIN 2060-AH81


National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Organic Hazardous Air Pollutants From the Synthetic 
Organic Chemical Manufacturing Industry and Other Processes Subject to 
the Negotiated Regulation for Equipment Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: On April 22, 1994 and June 6, 1994, the EPA issued the 
``National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Organic Hazardous Air Pollutants from the Synthetic Organic 
Chemical Manufacturing Industry and Other Processes Subject to the 
Negotiated Regulation for Equipment Leaks.'' This rule is commonly 
known as the Hazardous Organic National Emission Standards for 
Hazardous Air Pollutants (NESHAP) or the HON. On January 20, 2000, the 
EPA proposed amendments to the definition of the term ``process vent'' 
and to add procedures for identifying ``process vents'' in order to 
ensure consistent interpretation of the term. The EPA also proposed 
revisions to several provisions of the rule to reflect the terminology 
used in the revised definition of process vent. These changes were 
proposed to reduce the burden associated with developing operating 
permits for facilities subject to the rule. The January 20, 2000 
document also proposed to add provisions to allow off-site control of 
process vent emissions and to add provisions for establishing a new 
compliance date under certain circumstances. In that action, EPA also 
proposed to add an alternative procedure for use in determining 
compliance with wastewater treatment requirements. Today's action takes 
final action on those proposed amendments.
    These amendments to the rule will not change the basic control 
requirements of the rule or the level of health protection it provides. 
The rule requires new and existing major sources to control emissions 
of hazardous air pollutants to the level reflecting application of the 
maximum achievable control technology.

EFFECTIVE DATE: January 22, 2001.

ADDRESSES: Docket No. A-90-19 contains the supporting information for 
the original NESHAP and this action. You may inspect this docket and 
copy materials between 8:00 a.m. and 5:30 p.m., Monday through Friday. 
The EPA's Air and Radiation Docket and Information Center is located at 
Waterside Mall, Room M-1500, first floor, 401 M Street, SW, Washington, 
DC 20460. The telephone number for the Air Docket and Information 
Center is (202) 260-7548 or (202) 260-7549. You may have to pay a 
reasonable fee for copying materials.

FOR FURTHER INFORMATION CONTACT: For general questions, contact Dr. 
Janet Meyer, Coatings and Consumer Products Group, at (919) 541-5254 
([email protected]). For technical questions on appendix C and 
wastewater provisions, contact Elaine Manning, Waste and Chemical 
Processes Group, telephone number (919) 541-5499 
([email protected]). The mailing address for the contacts is 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized file of 
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 development. 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, except for 
certain interagency documents, will serve as the record for judicial 
review. (See the Clean Air Act (CAA), section 307(d)(7)(A).)
    Judicial Review. Under Section 307(b)(1) of the CAA, judicial 
review of this final action is available only on the filing of a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by March 23, 2001. Under Section 307(b)(2) of the CAA, 
the requirements established by these final rule amendments may not be 
challenged later in civil or criminal proceedings brought by EPA to 
enforce these requirements.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this rule amendment will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature, 
a copy of the rule amendments will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. The regulated category and entities affected by 
this action include:

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                Category                  Examples of regulated entities
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Industry...............................  Synthetic organic chemical
                                          manufacturing industry (SOCMI)
                                          units, e.g., producers of
                                          benzene, toluene, or any other
                                          chemical listed in table 1 of
                                          40 CFR part 63, subpart F.
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    This table is not intended to be exhaustive but, rather, provides a 
guide for readers regarding entities likely to be interested in the 
revisions to the regulation affected by this action. This action is 
expected to be of interest to owners and operators subject to this rule 
who have process vents that may be affected by these rule amendments 
and to those owners or operators who are sending vent streams (gas 
streams) to another facility for disposal. This action may also be of 
interest to owners and operators subject to this rule, or another rule 
in part 63, who plan to use biological treatment to comply with control 
requirements for wastewater streams. Entities potentially regulated by 
the HON are those which produce as primary intended products any of the 
chemicals listed in table 1 of 40 CFR part 63, subpart F, and are 
located at facilities that are major sources as defined in section 112 
of the CAA. Potentially regulated entities generally are companies that 
manufacture industrial organic chemicals and cyclic organic crude and 
intermediates. To determine whether your facility is regulated by this 
action, you should carefully examine all of the applicability criteria 
in 40 CFR 63.100. If you have questions regarding the applicability of 
this action to a particular entity, consult Dr. Janet Meyer (see FOR 
FURTHER INFORMATION CONTACT).
    Outline. The information presented in the preamble is organized as 
follows:

I. Background on the Rule
II. Public Comment on the January 20, 2000 Proposal
III. Summary of Major Comments and Changes to the Proposed 
Amendments to the Rule

[[Page 6923]]

    A. Definition of Process Vent and Associated Changes
    B. Appendix C to Part 63
    C. Miscellaneous Corrections and Clarifications to the Rule
IV. Technical Corrections
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Unfunded Mandates Reform Act of 1995
    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. Background on the Rule

    On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196), 
EPA published in the Federal Register the NESHAP for the synthetic 
organic chemical manufacturing industry (SOCMI) and for several other 
processes subject to the equipment leaks portion of the rule. This rule 
was promulgated as subparts F, G, H, and I in 40 CFR part 63 and are 
commonly referred to as the hazardous organic NESHAP, or the HON. We 
have published several amendments to clarify various aspects of the 
rule since their promulgation. See the following Federal Register 
documents for more information: September 20, 1994 (59 FR 48175); 
October 24, 1994 (59 FR 53359); October 28, 1994 (59 FR 54131); January 
27, 1995 (60 FR 5321); April 10, 1995 (60 FR 18020); April 10, 1995 (60 
FR 18026); December 12, 1995 (60 FR 63624); February 29, 1996 (61 FR 
7716); June 20, 1996 (61 FR 31435); August 26, 1996 (61 FR 43698); 
December 5, 1996 (61 FR 64571); January 17, 1997 (62 FR 2721); August 
22, 1997 (62 FR 44608); and December 9, 1998 (63 FR 67787).
    In June 1994, the Chemical Manufacturers Association (CMA) and Dow 
Chemical Company (Dow) filed petitions for review of the promulgated 
rule in the U.S. Court of Appeals for the District of Columbia Circuit, 
Chemical Manufacturers Association v. EPA, 94-1463 and 94-1464 (D.C. 
Cir.) and Dow Chemical Company v. EPA, 94-1465 (D.C. Cir.). The 
petitioners raised over 75 technical issues on the rule's structure and 
applicability. The petitioners raised issues regarding details of the 
technical requirements, drafting clarity, and structural errors in the 
drafting of certain sections of the rule. On August 26, 1996, we 
proposed clarifying and correcting amendments to subparts F, G, H, and 
I of part 63 to address the issues raised by CMA and Dow on the April 
1994 rule. On December 5, 1996 and January 17, 1997, we took final 
action on the amendments proposed on August 26, 1996. On August 22, 
1997, we proposed corrections to the definition of ``enhanced 
biological treatment systems or enhanced biological treatment process'' 
and conforming edits to appendix C of part 63 to reflect these changes 
to the definition. On December 9, 1998, we took final action on the 
amendments proposed on August 22, 1997. On January 20, 2000, we 
proposed revisions to the definition of process vent as well as 
miscellaneous corrections and clarifying amendments.

II. Public Comment on the January 20, 2000 Proposal

    Five comment letters were received on the January 20, 2000 Federal 
Register proposed amendments to the rule. Comment letters were received 
from consultants, industry representatives, and one trade association. 
In general, the comment letters were supportive of the proposed 
changes, however some of the comment letters included suggested 
editorial revisions to address drafting clarity concerns or correct 
errors in cross referencing other sections in the rule. We considered 
these suggestions and, where appropriate, made changes to the proposed 
amendments. The significant issues raised and the changes to the 
proposed amendments are summarized in this preamble. A memorandum 
containing EPA's response to all comments can be found in Docket A-90-
19. The responses to comments may also be obtained from the Internet 
through the Technology Transfer Network (TTN) at http://www.epa.gov/ttn/oarpg.

III. Summary of Major Comments and Changes to the Proposed 
Amendments to the Rule

A. Definition of Process Vent and Associated Changes Process Vent 
Definition

    One commenter expressed support for the proposed changes to the 
definition of process vent, but also expressed a concern that the 
proposed amendments do not adequately address a unique situation that 
exists at the commenter's facility. Specifically, one of the 
commenter's HON-covered facilities has a gas stream that passes through 
a recovery device and has been characterized as a Group 2 process vent 
(i.e., a vent stream that is not subject to control requirements). This 
gas stream is part of an approved emissions average, and the commenter 
has installed a control device to create credits by controlling this 
gas stream to offset debits created elsewhere in the chemical 
manufacturing process unit. The commenter also has another gas stream 
that is a Group 1 process vent (i.e., subject to control requirements) 
that is combined with the Group 2 process vent after the last recovery 
device for the Group 2 process vent stream and prior to the entry into 
the control device. The commenter is concerned that the proposed 
definition for ``process vent'' could be read to deem the two 
physically separate gas streams as a single ``process vent.'' This 
occurs because the determination of the location of the ``process 
vent'' for the Group 2 gas stream would presumably be ``the point of 
entry into [the] control device.'' The commenter thought that this 
would be inconsistent with Secs. 63.115(a) and 63.150(g)(2), and with 
EPA's general intent that the characteristics of these gas streams be 
determined after the last recovery device and prior to the entrance to 
a control device. The commenter submitted recommended revisions to the 
proposed definition for process vents and to Sec. 63.107(a) to address 
their situation.
    The EPA thoroughly considered the points raised by the commenter 
and concluded that the commenter's suggested language for the 
definition of process vent and for Sec. 63.107(a) would not be 
compatible with the intent of the January 20, 2000 proposed amendments. 
The commenter's suggested changes to the proposed amendments would 
alter the intended effect by requiring the identification of gas 
streams upstream of the discharge point and requiring identification of 
the last recovery device and of any streams combined after the recovery 
device. That identification would significantly increase the 
information that must be submitted as part of the operating permit 
application.
    As part of the consideration of this comment, we reexamined the 
interaction between the proposed changes to the definition of process 
vent and the emissions averaging provisions in the rule. We agree with 
the commenter that there can be situations where the proposed 
definition of process vent is incompatible with Sec. 63.150(g)(2)(i). 
Specifically, the language in Sec. 63.150(g)(2)(i) reflects an 
assumption that there are no combinations of gas streams after the 
final recovery device and before any control device. Further, it was 
also

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assumed that the gas stream is associated with a specific unit 
operation or process unit (Sec. 63.150(g)(2)(ii)(B)). For these 
reasons, we concluded that for the purposes of emissions averaging, it 
would be appropriate to retain the designation of a process vent and 
its characteristics as specified in Sec. 63.150(g)(2)(i). Specifically, 
it was decided that Sec. 63.150(g)(2)(i) should indicate that the 
process vent stream characteristics shall be determined before the gas 
stream is combined with other gas streams following the last recovery 
device. It was also decided that it was necessary to make other edits 
to Sec. 63.150 to ensure that there is no confusion with the definition 
of process vent and the directions in Sec. 63.115 for determining the 
total resource effectiveness (TRE) of the vent stream. Thus, conforming 
edits were also made to Sec. 63.150(a) and Sec. 63.150(m)(1)(i) and 
(2)(i) to ensure that the location of the process vent as used in 
emissions averaging was determined as specified in 
Sec. 63.150(g)(2)(i). We are also correcting an error in the drafting 
of Sec. 63.150(g)(2)(iii)(B)(2) to replace references to ``product 
recovery devices'' with references to ``recovery devices.'' This change 
was made to make Sec. 63.150(g)(2)(iii)(B)(2) consistent with 
Sec. 63.115(a) and other provisions for determining the characteristics 
of a vent stream.
    Section 63.107(h)(9). One commenter requested that EPA clarify the 
meaning of the term ``process analyzer.'' The commenter interprets this 
provision as covering all gas streams exiting a process analyzer, 
whether the gas stream represents a sample from within the process 
(i.e., prior to any recovery and control devices) or a sample after the 
gas stream has exited a recovery device but prior to entry into a 
control device (if any).
    In the proposed language in Sec. 63.107(h)(9), we used the term of 
art ``process analyzer'' to refer to instruments that are used in the 
field as opposed to instruments that are used in a laboratory setting. 
The use of this term of art was not intended to make a distinction 
between analyzers used to monitor the composition of a gas stream prior 
to the last recovery device or following the last recovery device. We 
did not intend to limit this exemption to analyzers used within the 
process and to exclude analyzers used on gas streams after discharge 
from the process. Consequently, in the final amendments we have revised 
the wording of the proposed Sec. 63.107(h)(9) to refer to ``a gas 
stream exiting an analyzer.''
    Section 63.110(a). One commenter disagreed with the proposed 
revision to Sec. 63.110(a). The commenter thought that the proposed 
change to use the conjunction ``and/or'' was not as clear as the 
current version of the rule which uses only the conjunction ``and.'' 
According to the commenter, the latter is not only correct, it's 
clearer. The commenter recommended that ``and/or'' be replaced with 
``and.''
    The purpose of this amendment to Sec. 63.110(a) is to add in-
process equipment subject to Sec. 63.149 to the list of emission points 
subject to the provisions in 40 CFR part 63, subpart G. The EPA agrees 
with the commenter and has revised this text as suggested by the 
commenter.

B. Appendix C to Part 63

    In the January 20, 2000 Federal Register, we proposed to amend 
appendix C to 40 CFR part 63 to add a concentration measurement 
procedure for determining the fraction biodegraded (fbio ) 
in biological treatment units that are not thoroughly mixed, and thus, 
have multiple zones of mixing. In the proposed amendments, we specified 
that you would identify zones with substantially uniform 
characteristics and would measure representative organic compound 
concentrations in each zone as well as the inlet and outlet of the 
biological treatment unit. We received one comment requesting that we 
clarify that it is acceptable in some circumstances to interpolate 
compound concentrations for one or more zones when using this new 
procedure. The commenter noted that if a basin is considered as several 
zones and one of the interior zones is not readily accessible for 
sampling, the concentration could be estimated by interpolation of the 
concentration data for the remaining zones. The commenter noted that 
this approach is consistent with the instructions provided in the 
``Technical Support Document for the Evaluation of Aerobic Biological 
Treatment Units with Multiple Mixing Zones.''
    We agree that under some circumstances it can be acceptable to 
allow interpolation of compound concentrations in some zones. 
Specifically, in units with well-characterized concentration 
measurements obtained in an initial evaluation of the unit, it may be 
possible to demonstrate that there is a good correlation of the 
component concentrations with the locations in the multiple-zone unit. 
With a good correlation, it may be possible to accurately predict the 
concentrations in selected zones without actually testing each selected 
zone. This correlation method may be used for units that have many 
zones (greater than five) or where one of the interior zones is not 
readily accessible for sampling. In the final amendments to section 
III.E for appendix C to 40 CFR part 63, we have added a paragraph to 
explain those situations where it is acceptable to determine the 
concentration in the zone by interpolation.

C. Miscellaneous Corrections and Clarifications to the Rule

    Two commenters suggested changes to the proposed amendments to 
correct citations, minor drafting errors, and some minor clarifications 
of the text. We considered these suggestions and, where appropriate, 
have made changes to the rule. The sections and the associated changes 
are:
     Section 63.113(e)--We are revising the sentence to refer 
to TRE index value in all cases. The proposed language referred to 
``TRE index'' instead of ``TRE index value'' in the reference to 
Sec. 63.115.
     Section 63.113(i)(2)--We are correcting the cross 
reference to Sec. 63.103(c) from Sec. 63.10(b) in the last sentence of 
this paragraph.
     Section 63.115(f)(1)--We are clarifying that the owner or 
operator may determine the characteristics of a HON stream, or 
combination of HON streams, at a representative point as near as 
practical to, but before, the point at which it is combined with one or 
more non-HON streams. The change from the proposed amendments is to 
clarify that the combination may be for one or more non-HON streams.
     Section 63.115(f)(2)--We are correcting a punctuation 
error in the proposed language.
     Section 63.138(i)(2)(iii)--We are correcting a grammatical 
error in the last sentence of this paragraph.
     Section 63.147(b)(8) introductory text--We are removing 
the phrase ``in the Notice of Compliance Status Report'' which was 
inadvertently included in the proposed amendment to this paragraph.
     Table 12 to subpart G, item 3--We are revising this item 
to clarify that it applies to treatment processes other than those 
listed in items 1 and 2 of table 12 in addition to alternative 
monitoring parameters listed in item 2.
     Table 20 to subpart G--We are clarifying that the control 
devices subject to Sec. 63.139 are being used to comply with the 
requirements in Secs. 63.133-63.138. This is a more precise statement 
of the applicability of table 20 to subpart G than the proposed 
language.

[[Page 6925]]

IV. Technical Corrections

    The following amendments are minor technical corrections that were 
not part of the January 20, 2000 Federal Register proposed amendments. 
These changes are being made as part of today's action as a matter of 
efficiency in rulemaking. Furthermore, these changes are 
noncontroversial and do not substantively change the requirements of 
the rule. By promulgating these technical corrections directly as a 
final rule, EPA is foregoing an opportunity for public comment on a 
notice of proposed rulemaking. Section 553(b) of title 5 U.S.C. and 
section 307(b) of the CAA permit an agency to forego notice and comment 
when ``the agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefore in the rules issued) that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.'' The EPA finds that notice and 
comment regarding these minor technical corrections are unnecessary due 
to their noncontroversial nature, and because they do not substantively 
change the requirements of the HON. The EPA finds that this constitutes 
good cause under 5 U.S.C. 553(b) for a determination that the issuance 
of a notice of proposed rulemaking is unnecessary.
    The corrections are:
     Section 63.118(f)(5)--We are correcting the reference to 
Sec. 63.118(a)(2)(v) to read Sec. 63.118(a)(2). The need to correct 
this reference was overlooked when we redrafted Sec. 63.118(a) in the 
January 17, 1997 Federal Register amendments.
     Section 63.128(h)(1)(ii)--The citation should say 
``minimum residence time'' instead of ``maximum residence time'' to be 
consistent with related combustion device provisions in 
Secs. 63.120(d)(1)(i)(B), 63.139(c)(1)(iii), and 63.172(c) which all 
use ``minimum'' residence time. We are correcting this text to be 
consistent with the other combustion device provisions in subpart G of 
40 CFR part 63.
     Section 63.130(d)(5)--We are correcting the reference to 
Sec. 63.130(a)(2)(v) to read Sec. 63.130(a)(2)(i). The need to correct 
this reference was overlooked when we redrafted Sec. 63.130 in the 
January 17, 1997 Federal Register amendments.
     Section 63.140(c)--We are correcting the reference to 
Sec. 63.147(c)(7) to Sec. 63.147(b)(7).
     Section 63.146(b)(9) introductory text and paragraph 
(b)(9)(iii)--Removing references to Sec. 63.138(d) and (h)(3) in 
Sec. 63.146(b)(9) introductory text because these treatment options do 
not require a design evaluation or performance test to demonstrate 
compliance with the removal requirements. We are deleting 
Sec. 63.146(b)(9)(iii), and the reference to it in Sec. 63.146(b)(9) 
introductory text, since it is no longer needed with the above 
correction to Sec. 63.146(b)(9) introductory text.
     Section 63.146(d)--In order for Sec. 63.146(d) to be 
consistent with the April 26, 1999 Federal Register corrections, we are 
correcting Sec. 63.146(d) introductory text to add references to 
paragraph (d), (f), or (g) of Sec. 63.138 and to add references to the 
monitoring requirements specified in Sec. 63.143(c) and (d).
     Table 12 to subpart G--We are adding the option of 
monitoring column operating temperature as an alternative to monitoring 
wastewater feed temperature. Either parameter provides information 
necessary to evaluate column operating conditions. This change is 
consistent with parameters specified in Sec. 63.138(d). Without this 
change, owners or operators using steam strippers who wish to monitor 
column operating temperature would have to request approval of the 
alternative monitoring parameters. This was not our intent.
     Table 17 to subpart G, note (f)--As published on January 
17, 1997, this footnote should read: ``Parameter(s) to be monitored or 
measured in accordance with Table 12 and Sec. 63.143 of this subpart. 
'' Presently, the note (f) reads ``Parameter(s) to be monitored or 
measured in accordance with Table 12 in Sec. 63.143 of this subpart.''

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether a regulatory action is ``significant'' and, 
therefore, subject to review by 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, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof, or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is not a ``significant regulatory action'' 
within the meaning of the Executive Order because none of the listed 
criteria apply to this action. These changes to the HON are primarily 
technical and administrative and do not raise novel legal or policy 
issues. These changes are not expected to impose significant new costs. 
This action will not have an annual effect on the economy of $100 
million or other adverse economic impacts, will not create any 
inconsistencies with other actions by other agencies, will not alter 
any budgetary impacts, or raise any novel legal or policy issues. 
Therefore, this action is considered ``not significant'' and OMB review 
is not required.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State 
law, unless the Agency consults with State and local officials early in 
the process of developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to OMB, in a separately identified section of the preamble 
to the

[[Page 6926]]

rule, a federalism summary impact statement (FSIS). The FSIS must 
include a description of the extent of EPA's prior consultation with 
State and local officials, a summary of the nature of their concerns, 
and the Agency's position supporting the need to issue the regulation, 
and a statement of the extent to which the concerns of State and local 
officials have been met. Also, when EPA transmits a draft final rule 
with federalism implications to OMB for review pursuant to Executive 
Order 12866, EPA must include a certification from the Agency's 
Federalism Official stating that EPA has met the requirements of 
Executive Order 13132 in a meaningful and timely manner.
    These amendments to the final rule will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. Today's amendments would not impose any 
enforceable duties on these entities. This action amends the definition 
of ``process vent'' and makes other technical and administrative 
changes to the rule. Thus, the requirements of section 6 of the 
Executive Order do not apply to these amendments to the final rule.

C. Executive Order 13084, Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's amendments to the rule would not significantly or uniquely 
affect the communities of Indian tribal governments. The action amends 
the definition of ``process vent'' and makes other technical and 
administrative changes to the rule. No tribal governments own or 
operate chemical manufacturing process units that are subject to this 
rule. Accordingly, the requirements of section 3(b) of Executive Order 
13084 do not apply to this final amendment to the rule.

D. Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks

    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, EPA must evaluate the environmental health or safety 
effects of the planned rule on children and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This action is not subject 
to Executive Order 13045 because it is based on technology performance 
and not on health or safety risks.

E. Unfunded Mandates Reform Act of 1995

    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, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, or tribal governments, in 
aggregate, or by the private sector, of $100 million or more in any 1 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify 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 EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that today's action does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, or tribal governments in the aggregate, or to the 
private sector in any 1 year. Thus, today's action is not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, EPA 
has determined that today's action contains no regulatory requirements 
that might significantly or uniquely affect small governments because 
it contains no requirements that apply to such governments or impose 
obligations upon them. Therefore, today's action is 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 the EPA to give special consideration to 
the effect of Federal regulations on small entities and to consider 
regulatory options that might mitigate any such impacts. The EPA is 
required to prepare a regulatory flexibility analysis and coordinate 
with small entity stakeholders if the Agency determines that a rule 
will have a significant economic impact on a substantial number of 
small entities.
    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with these amendments to 
the rule. The EPA has also determined that these amendments will not 
have a significant economic impact on a substantial

[[Page 6927]]

number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small government jurisdictions. 
Today's amendments are primarily technical and administrative and are 
not expected to impose significant new costs. The EPA does not 
anticipate that the changes to the rule will create any significant 
additional burden for any of the regulated entities.

G. Paperwork Reduction Act

    The OMB has approved the information collection requirements 
contained in the rule under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501, et seq., and has assigned OMB control number 2060-
0282. An Information Collection Request (ICR) document has been 
prepared by EPA (ICR No. 1414.03) and a copy may be obtained from Sandy 
Farmer by mail at the Collection Strategies Division (2822), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, by email at [email protected], or by calling 
(202) 260-2740.
    Today's amendments to the rule should have a very minor effect on 
the information collection burden estimates made previously. Based on 
discussions with industry representatives, EPA believes that this 
action would result an insignificant increase in the estimated 
information collection burden. Any increase would be the burden 
associated with identification of and submittal of compliance 
documentation for previously unreported process vents subject to this 
rule. The EPA considers these changes to the rule to represent a 
clarification of the definition of process vent and the reporting 
requirements for process vents. Thus, EPA considers that if there is 
any increase in the burden associated with the rule, this increase 
would be small and well within the uncertainty of the analysis. 
Consequently, the ICR has not been revised for these amendments to the 
rule.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 
104-113, section 12(d) (15 U.S.C. 272 note) directs all Federal 
agencies to use voluntary consensus standards (VCS) in its regulatory 
activities instead of government-unique standards unless to do so would 
be inconsistent with applicable law or otherwise impractical. The VCS 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by VCS bodies. The NTTAA requires Federal agencies 
like the EPA to provide Congress, through OMB, with explanations when 
an agency decides not to use available and applicable VCS.
    This action includes amendments to appendix C to add another 
procedure for determining fraction biodegraded. Therefore, we conducted 
a search to identify potentially applicable VCS for this case. However, 
we identified no such standards, and none were brought to our attention 
in comments. Therefore, EPA has decided to add the proposed additional 
procedure to appendix C of 40 CFR part 63.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA, 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 United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective January 22, 2001.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: December 22, 2000.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart F--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry

    2. Section 63.100 is amended by revising paragraph (e) introductory 
text, by revising paragraph (j)(4), and by adding paragraph (q) to read 
as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (e) The source to which this subpart applies is the collection of 
all chemical manufacturing process units and the associated equipment 
at a major source that meet the criteria specified in paragraphs (b)(1) 
through (3) of this section. The source includes the process vents; 
storage vessels; transfer racks; waste management units; maintenance 
wastewater; heat exchange systems; equipment identified in Sec. 63.149; 
and pumps, compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers 
that are associated with that collection of chemical manufacturing 
process units. The source also includes equipment required by, or 
utilized as a method of compliance with, subparts F, G, or H of this 
part which may include control devices and recovery devices.
* * * * *
    (j) * * *
    (4) Batch process vents within a chemical manufacturing process 
unit.
* * * * *
    (q) If the owner or operator of a process vent, or of a gas stream 
transferred subject to Sec. 63.113(i), is unable to comply with the 
provisions of Secs. 63.113 through 63.118 by the applicable compliance 
date specified in paragraph (k),(l), or (m) of this section

[[Page 6928]]

for the reasons stated in paragraph (q)(1),(3), or (5) of this section, 
the owner or operator shall comply with the applicable provisions in 
Secs. 63.113 through 63.118 as expeditiously as practicable, but in no 
event later than the date approved by the Administrator pursuant to 
paragraph (q)(2), (4), or (6) of this section, respectively. For 
requests under paragraph (q)(1) or (3) of this section, the date 
approved by the Administrator may be earlier than, and shall not be 
later than, the later of January 22, 2004 or 3 years after the 
transferee's refusal to accept the stream for disposal. For requests 
submitted under paragraph (q)(5) of this section, the date approved by 
the Administrator may be earlier than, and shall not be later than, 3 
years after the date of publication of the amendments to this subpart 
or to subpart G of this part which created the need for an extension of 
the compliance.
    (1) If the owner or operator has been sending a gas stream for 
disposal as described in Sec. 63.113(i) prior to January 22, 2001, and 
the transferee does not submit a written certification as described in 
Sec. 63.113(i)(2) and ceases to accept the gas stream for disposal, the 
owner or operator shall comply with paragraph (q)(2) of this section.
    (2)(i) An owner or operator directed to comply with paragraph 
(q)(2) of this section shall submit to the Administrator for approval a 
compliance schedule, along with a justification for the schedule.
    (ii) The compliance schedule and justification shall be submitted 
no later than 90 days after the transferee ceases to accept the gas 
stream for disposal.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 days of receipt of the compliance schedule 
and justification.
    (3) If the owner or operator has been sending the gas stream for 
disposal as described in Sec. 63.113(i) to a transferee who had 
submitted a written certification as described in Sec. 63.113(i)(2), 
and the transferee revokes its written certification, the owner or 
operator shall comply with paragraph (q)(4) of this section. During the 
period between the date when the owner or operator receives notice of 
revocation of the transferee's written certification and the compliance 
date established under paragraph (q)(4) 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 (q)(3), the term ``excess emissions'' means 
emissions in excess of those that would have occurred if the transferee 
had continued managing the gas stream in compliance with the 
requirements in Secs. 63.113 through 63.118. The measures to be taken 
shall be identified in the applicable startup, shutdown, and 
malfunction plan. If the measures that can be reasonably taken will 
change over time, so that a more effective measure which could not 
reasonably be taken initially would be reasonable at a later date, the 
Administrator may require the more effective measure by a specified 
date (in addition to or instead of any other measures taken sooner or 
later than that date) as a condition of approval of the compliance 
schedule.
    (4)(i) An owner or operator directed to comply with this paragraph 
(q)(4) shall submit to the Administrator for approval the documents 
specified in paragraphs (q)(4)(i)(A) through (E) of this section no 
later than 90 days after the owner or operator receives notice of 
revocation of the transferee's written certification.
    (A) A request for determination of a compliance date.
    (B) A justification for the request for determination of a 
compliance date.
    (C) A compliance schedule.
    (D) A justification for the compliance schedule.
    (E) A description of the measures that will be taken to minimize 
excess emissions until the new compliance date, and the date when each 
measure will first be implemented. The owner or operator shall describe 
how, and to what extent, each measure will minimize excess emissions, 
and shall justify any period of time when measures are not in place.
    (ii) The Administrator shall approve or disapprove the request for 
determination of a compliance date and the compliance schedule, or 
request changes, within 120 days after receipt of the documents 
specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon 
approving the request for determination and compliance schedule, the 
Administrator shall specify a reasonable compliance date consistent 
with the introductory text in paragraph (q) of this section.
    (5) If the owner's or operator's inability to meet otherwise 
applicable compliance deadlines is due to amendments of this subpart or 
of subpart G of this part published on or after January 22, 2001 and 
neither condition specified in paragraph (q)(1) or (3) of this section 
is applicable, the owner or operator shall comply with paragraph (q)(6) 
of this section.
    (6)(i) An owner or operator directed to comply with this paragraph 
(6)(i) shall submit to the Administrator for approval, a request for 
determination of a compliance date, a compliance schedule, a 
justification for the determination of a compliance date, and a 
justification for the compliance schedule.
    (ii) The documents required to be submitted under paragraph 
(q)(6)(i) of this section shall be submitted no later than 120 days 
after publication of the amendments of this subpart or of subpart G of 
this part which necessitate the request for an extension.
    (iii) The Administrator shall approve or disapprove the request for 
a determination of a compliance date, or request changes, within 120 
days after receipt of the request for determination of a compliance 
date, the compliance schedule, and the two justifications. If the 
request for determination of a compliance date is disapproved, the 
compliance schedule is disapproved and the owner or operator shall 
comply by the applicable date specified in paragraph (k),(l), or (m) of 
this section. If the request for the determination of a compliance date 
is approved, the Administrator shall specify, at the time of approval, 
a reasonable compliance date consistent with the introductory text in 
paragraph (q) of this section.

    3. Section 63.101 is amended by adding in alphabetical order the 
definition of ``Batch process vent'' and by revising the definition of 
``Process vent'' to read as follows:


Sec. 63.101  Definitions.

* * * * *
    Batch process vent means gaseous venting to the atmosphere from a 
batch operation.
* * * * *
    Process vent means the point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a gas stream if the 
gas stream has the characteristics specified in Sec. 63.107(b) through 
(h), or meets the criteria specified in Sec. 63.107(i). For purposes of 
Secs. 63.113 through 63.118, all references to the characteristics of a 
process vent (e.g., flow rate, total HAP concentration, or TRE index 
value) shall mean the characteristics of the gas stream.
* * * * *

    4. Subpart F is amended by adding a new Sec. 63.107 to read as 
follows:


Sec. 63.107  Identification of process vents subject to this subpart.

    (a) The owner or operator shall use the criteria specified in this 
Sec. 63.107 to determine whether there are any process vents associated 
with an air oxidation reactor, distillation unit, or reactor that

[[Page 6929]]

is in a source subject to this subpart. A process vent is the point of 
discharge to the atmosphere (or the point of entry into a control 
device, if any) of a gas stream if the gas stream has the 
characteristics specified in paragraphs (b) through (h) of this 
section, or meets the criteria specified in paragraph (i) of this 
section.
    (b) Some, or all, of the gas stream originates as a continuous flow 
from an air oxidation reactor, distillation unit, or reactor during 
operation of the chemical manufacturing process unit.
    (c) The discharge to the atmosphere (with or without passing 
through a control device) meets at least one of the conditions 
specified in paragraphs (c)(1) through (3) of this section.
    (1) Is directly from an air oxidation reactor, distillation unit, 
or reactor; or
    (2) Is from an air oxidation reactor, distillation unit, or reactor 
after passing solely (i.e., without passing through any other unit 
operation for a process purpose) through one or more recovery devices 
within the chemical manufacturing process unit; or
    (3) Is from a device recovering only mechanical energy from a gas 
stream that comes either directly from an air oxidation reactor, 
distillation unit, or reactor, or from an air oxidation reactor, 
distillation unit, or reactor after passing solely (i.e., without 
passing through any other unit operation for a process purpose) through 
one or more recovery devices within the chemical manufacturing process 
unit.
    (d) The gas stream contains greater than 0.005 weight percent total 
organic HAP at the point of discharge to the atmosphere (or at the 
point of entry into a control device, if any).
    (e) The air oxidation reactor, distillation unit, or reactor is 
part of a chemical manufacturing process unit that meets the criteria 
of Sec. 63.100(b).
    (f) The gas stream is in the gas phase from the point of origin at 
the air oxidation reactor, distillation unit, or reactor to the point 
of discharge to the atmosphere (or to the point of entry into a control 
device, if any).
    (g) The gas stream is discharged to the atmosphere either on-site, 
off-site, or both.
    (h) The gas stream is not any of the items identified in paragraphs 
(h)(1) through (9) of this section.
    (1) A relief valve discharge.
    (2) A leak from equipment subject to subpart H of this part.
    (3) A gas stream going to a fuel gas system as defined in 
Sec. 63.101.
    (4) A gas stream exiting a control device used to comply with 
Sec. 63.113.
    (5) A gas stream transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for chemical 
value as a product, isolated intermediate, byproduct, or coproduct, or 
for heat value).
    (6) A gas stream transferred for fuel value (i.e., net positive 
heating value), use, reuse, or for sale for fuel value, use, or reuse.
    (7) A storage vessel vent or transfer operation vent subject to 
Sec. 63.119 or Sec. 63.126.
    (8) A vent from a waste management unit subject to Secs. 63.132 
through 63.137.
    (9) A gas stream exiting an analyzer.
    (i) The gas stream would meet the characteristics specified in 
paragraphs (b) through (g) of this section, but, for purposes of 
avoiding applicability, has been deliberately interrupted, temporarily 
liquefied, routed through any item of equipment for no process purpose, 
or disposed of in a flare that does not meet the criteria in 
Sec. 63.11(b), or an incinerator that does not reduce emissions of 
organic HAP by 98 percent or to a concentration of 20 parts per million 
by volume, whichever is less stringent.

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry for Process Vents, Storage Vessels, Transfer Operations, 
and Wastewater

    5. Section 63.110 is amended by revising paragraph (a) to read as 
follows:


Sec. 63.110  Applicability.

    (a) This subpart applies to all process vents, storage vessels, 
transfer racks, wastewater streams, and in-process equipment subject to 
Sec. 63.149 within a source subject to subpart F of this part.
* * * * *
    6. Section 63.111 is amended by:
    a. Adding in alphabetical order the definition of ``Point of 
transfer'';
    b. Revising the definition of ``Group 1 process vent'';
    c. Revising the definition of ``Group 2 process vent''; and
    d. Revising the definition of ``Vent stream.''
    The additions and revisions read as follows:


Sec. 63.111  Definitions.

* * * * *
    Group 1 process vent means a process vent for which the vent stream 
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 process vent means a process vent for which the vent stream 
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.
* * * * *
    Point of transfer means:
    (1) If the transfer is to an off-site location for control, the 
point where the conveyance crosses the property line; or
    (2) If the transfer is to an on-site location not owned or operated 
by the owner or operator of the source, the point where the conveyance 
enters the operation or equipment of the transferee.
* * * * *
    Vent stream, as used in the process vent provisions, means the gas 
stream flowing through the process vent.
* * * * *

    7. Section 63.113 is amended by:
    a. Revising paragraph (a) introductory text and revising the second 
sentence in paragraph (a)(3);
    b. Revising paragraph (c) introductory text and paragraph (c)(1) 
introductory text;
    c. Revising paragraph (e);
    d. Revising paragraph (g); and
    e. Adding paragraph (i).
    The revisions and additions read as follows:


Sec. 63.113  Process vent provisions--reference control technology.

    (a) The owner or operator of a Group 1 process vent as defined in 
this subpart shall comply with the requirements of paragraph (a)(1), 
(2), or (3) of this section. The owner or operator who transfers a gas 
stream that has the characteristics specified in Sec. 63.107 (b) 
through (h) or meets the criteria specified in Sec. 63.107(i) to an 
off-site location or an on-site location not owned or operated by the 
owner or operator of the source for disposal shall comply with the 
requirements of paragraph (i) of this section.
* * * * *
    (3) * * * If the TRE index value is greater than 1.0, the process 
vent shall comply with the provisions for a Group 2 process vent 
specified in either paragraph (d) or (e) of this section, whichever is 
applicable.
* * * * *
    (c) Halogenated vent streams from Group 1 process vents that are 
combusted shall be controlled according to paragraph (c)(1) or (2) of 
this section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
of this

[[Page 6930]]

section for a halogenated vent stream, then the gas stream exiting the 
combustion device shall be conveyed to a halogen reduction device, such 
as a scrubber, before it is discharged to the atmosphere.
* * * * *
    (e) The owner or operator of a Group 2 process vent with a TRE 
index value greater than 4.0 shall maintain a TRE index value greater 
than 4.0, comply with the provisions for calculation of a TRE index 
value in Sec. 63.115 and the reporting and recordkeeping provisions in 
Secs. 63.117(b) and 63.118(c) and (h), and is not subject to monitoring 
or any other provisions of Secs. 63.114 through 63.118.
* * * * *
    (g) The owner or operator of a Group 2 process vent with a total 
organic HAP concentration less than 50 parts per million by volume 
shall maintain a total organic HAP concentration less than 50 parts per 
million by volume; comply with the Group determination procedures in 
Sec. 63.115(a), (c), and (e); the reporting and recordkeeping 
requirements in Secs. 63.117(d) and 63.118(e) and (j); and is not 
subject to monitoring or any other provisions of Secs. 63.114 through 
63.118.
* * * * *
    (i) Off-site control or on-site control not owned or operated by 
the source. This paragraph (i) applies to gas streams that have the 
characteristics specified in Sec. 63.107(b) through (h) or meet the 
criteria specified in Sec. 63.107(i); that are transferred for disposal 
to an on-site control device (or other compliance equipment) not owned 
or operated by the owner or operator of the source generating the gas 
stream, or to an off-site control device or other compliance equipment; 
and that have the characteristics (e.g., flow rate, total organic HAP 
concentration, or TRE index value) of a Group 1 process vent, 
determined at the point of transfer.
    (1) The owner or operator transferring the gas stream shall:
    (i) Comply with the provisions specified in Sec. 63.114(d) for each 
gas stream prior to transfer.
    (ii) Notify the transferee that the gas stream contains organic 
hazardous air pollutants that are to be treated in accordance with the 
provisions of this subpart. The notice shall be submitted to the 
transferee initially and whenever there is a change in the required 
control.
    (2) The owner or operator may not transfer the gas stream unless 
the transferee has submitted to the EPA a written certification that 
the transferee will manage and treat any gas stream transferred under 
this paragraph (i) and received from a source subject to the 
requirements of this subpart in accordance with the requirements of 
either Secs. 63.113 through 63.118, or Sec. 63.102(b), or subpart D of 
this part if alternative emission limitations have been granted the 
transferor in accordance with those provisions. The certifying entity 
may revoke the written certification by sending a written statement to 
EPA and the owner or operator giving at least 90 days notice that the 
certifying entity is rescinding acceptance of responsibility for 
compliance with the regulatory provisions listed in this paragraph (i). 
Upon expiration of the notice period, the owner or operator may not 
transfer the gas stream to the transferee. Records retained by the 
transferee shall be retained in accordance with Sec. 63.103(c).
    (3) By providing this written certification to EPA, the certifying 
entity accepts responsibility for compliance with the regulatory 
provisions listed in paragraph (i)(2) of this section with respect to 
any transfer covered by the written certification. Failure to abide by 
any of those provisions with respect to such transfers may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of these 
provisions by owners or operators of sources.
    (4) Written certifications and revocation statements to EPA from 
the transferees of such gas streams shall be signed by a responsible 
official of the certifying entity, provide the name and address of the 
certifying entity, and be sent to the appropriate EPA Regional Office 
at the addresses listed in Sec. 63.13. Such written certifications are 
not transferable by the transferee.

    8. Section 63.114 is amended by revising paragraph (a)(3), revising 
paragraph (a)(4)(ii), and revising paragraph (d) to read as follows:


Sec. 63.114  Process vent provisions--monitoring requirements.

    (a) * * *
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: a temperature monitoring device in the firebox equipped 
with a continuous recorder. This requirement does not apply to gas 
streams that are introduced with primary fuel or are used as the 
primary fuel.
    (4) * * *
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas flow rate shall 
be determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (C) of this section.
    (A) The owner or operator may determine gas flow rate using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to rules 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 specified in 
Sec. 63.100(k), the owner or operator may determine gas flow rate by 
the method that had been utilized to comply with those rules. 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 flow rate 
determination plan that documents an appropriate method which will be 
used to determine the gas flow rate. The plan shall require 
determination of gas flow rate by a method which will at least provide 
a value for either a representative or the highest gas flow rate 
anticipated in the scrubber during representative operating conditions 
other than startups, 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 flow rate, 
and a description of the records that will be maintained to document 
the determination of gas flow rate. The owner or operator shall 
maintain the plan as specified in Sec. 63.103(c).
* * * * *
    (d) The owner or operator of a process vent shall comply with 
paragraph (d)(1) or (2) of this section for any bypass line between the 
origin of the gas stream (i.e., at an air oxidation reactor, 
distillation unit, or reactor as identified in Sec. 63.107(b)) and the 
point where the gas stream reaches the process vent, as described in 
Sec. 63.107, that could divert the gas stream directly to the 
atmosphere. 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).
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.118(a)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert the 
gas stream to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or

[[Page 6931]]

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 valve is maintained in the non-diverting position and 
the gas stream is not diverted through the bypass line.
* * * * *

    9. Section 63.115 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (c) introductory text and paragraphs 
(c)(4)(i) and (ii);
    d. Revising paragraph (d)(1) introductory text and paragraph 
(d)(1)(iii)(D)(4);
    e. Revising paragraph (d)(2) introductory text, paragraphs 
(d)(2)(i) and (ii) introductory text, and paragraph (d)(2)(ii)(C); and
    f. Adding paragraph (f).
    The revisions and additions read as follows:


Sec. 63.115  Process vent provisions--methods and procedures for 
process vent group determination.

    (a) For purposes of determining vent stream flow rate, total 
organic HAP or total organic carbon concentration or TRE index value, 
as specified under paragraph (b), (c), or (d) of this section, the 
sampling site shall be after the last recovery device (if any recovery 
devices are present) but prior to the inlet of any control device that 
is present and prior to release to the atmosphere.
* * * * *
    (b) To demonstrate that a vent stream flow rate is less than 0.005 
standard cubic meter per minute in accordance with the Group 2 process 
vent definition of this subpart, the owner or operator shall measure 
flow rate by the following procedures:
* * * * *
    (c) Each owner or operator seeking to demonstrate that a vent 
stream has an organic HAP concentration below 50 parts per million by 
volume in accordance with the Group 2 process vent definition of this 
subpart shall measure either total organic HAP or TOC concentration 
using the following procedures:
* * * * *
    (4) * * *
    (i) Method 25A of 40 CFR part 60, appendix A, shall be used only if 
a single organic HAP compound is greater than 50 percent of total 
organic HAP, by volume, in the vent stream.
    (ii) The vent stream composition may be determined by either 
process knowledge, test data collected using an appropriate EPA method, 
or a method or data validated according to the protocol in Method 301 
of appendix A of this part. Examples of information that could 
constitute process knowledge include calculations based on material 
balances, process stoichiometry, or previous test results provided the 
results are still relevant to the current vent stream conditions.
* * * * *
    (d) * * *
    (1) Engineering assessment may be used to determine vent stream 
flow rate, net heating value, TOC emission rate, and total organic HAP 
emission rate for the representative operating condition expected to 
yield the lowest TRE index value.
* * * * *
    (iii) * * *
    (D) * * *
    (4) Estimation of maximum expected net heating value based on the 
vent stream concentration of each organic compound or, alternatively, 
as if all TOC in the vent stream were the compound with the highest 
heating value.
* * * * *
    (2) Except as provided in paragraph (d)(1) of this section, vent 
stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate shall be measured and calculated according to 
the procedures in paragraphs (d)(2)(i) through (v) of this section and 
used as input to the TRE index value calculation in paragraph (d)(3) of 
this section.
    (i) The vent stream volumetric flow rate (Qs), in 
standard cubic meters per minute at 20 degrees Celcius, shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. If the vent stream tested passes through a final steam 
jet ejector and is not condensed, the vent stream volumetric flow shall 
be corrected to 2.3 percent moisture.
    (ii) The molar composition of the vent stream, which is used to 
calculate net heating value, shall be determined using the following 
methods:
* * * * *
    (C) Method 4 of 40 CFR part 60, appendix A, to measure the moisture 
content of the vent stream.
* * * * *
    (f) Notwithstanding any other provisions of this subpart, in any 
case where a process vent includes one or more gas streams that are not 
from a source subject to this subpart (hereafter called ``non-HON 
streams'' for purposes of this paragraph), and one or more gas streams 
that meet the criteria in Sec. 63.107(b) through (h) or the criteria in 
Sec. 63.107(i) (hereafter called ``HON streams'' for purposes of this 
paragraph), the owner or operator may elect to comply with paragraphs 
(f)(1) through (3) of this section.
    (1) The owner or operator may determine the characteristics (flow 
rate, total organic HAP concentration, and TRE index value) for each 
HON stream, or combination of HON streams, at a representative point as 
near as practical to, but before, the point at which it is combined 
with one or more non-HON streams.
    (2) If one or more of the HON streams, or combinations of HON 
streams, has the characteristics (determined at the location specified 
in paragraph (f)(1) of this section) associated with a Group 1 process 
vent, the combined vent stream is a Group 1 process vent. Except as 
specified in paragraph (f)(3) of this section, if none of the HON 
streams, or combinations of HON streams, when determined at the 
location specified in paragraph (f)(1) of this section, has the 
characteristics associated with a Group 1 process vent, the combined 
vent stream is a Group 2 process vent regardless of the TRE index value 
determined at the location specified in Sec. 63.115(a). If the combined 
vent stream is a Group 2 process vent as determined by the previous 
sentence, but one or more of the HON streams, or combinations of HON 
streams, has a TRE index value greater than 1 but less than or equal to 
4, the combined vent stream is a process vent with a TRE index value 
greater than 1 but less than or equal to 4. In this case, the owner or 
operator shall monitor the combined vent stream as required by 
Sec. 63.114(b).
    (3) Paragraphs (f)(1) and (2) of this section are not intended to 
apply instead of any other subpart of this part. If another subpart of 
this part applies to one or more of the non-HON streams contributing to 
the combined vent stream, that subpart may impose emission control 
requirements such as, but not limited to, requiring the combined vent 
stream to be classified and controlled as a Group 1 process vent.

    10. Section 63.116 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b)(2);
    c. Revising paragraph (c)(1)(i)(B) and paragraph (c)(4)(iv); and
    d. Revising paragraph (d) introductory text.
    The revisions read as follows:


Sec. 63.116  Process vent provisions--performance test methods and 
procedures to determine compliance.

    (a) When a flare is used to comply with Sec. 63.113(a)(1), the 
owner or operator shall comply with paragraphs

[[Page 6932]]

(a)(1) through (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.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted 
using the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    (b) * * *
    (2) A boiler or process heater into which the gas stream is 
introduced with the primary fuel or is used as the primary fuel.
* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater.
* * * * *
    (4) * * *
    (iv) If the vent stream 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 (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total 
organic HAP exiting the combustion device, respectively.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 63.113(c)(1) shall conduct a 
performance test to determine compliance with the control efficiency or 
emission limits for hydrogen halides and halogens.
* * * * *

    11. Section 63.117 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(4)(iv);
    c. Revising paragraph (a)(6) introductory text; and
    d. Revising paragraph (a)(8).
    The revisions read as follows:


Sec. 63.117  Process vents provisions--reporting and recordkeeping 
requirements for group and TRE determinations and performance tests.

    (a) Each owner or operator subject to the control provisions for 
Group 1 process vents in Sec. 63.113(a) or the provisions for Group 2 
process vents with a TRE index value greater than 1.0 but less than or 
equal to 4.0 in Sec. 63.113(d) shall:
* * * * *
    (4) * * *
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or 
TOC, or the concentration of organic HAP or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 63.116(c) at the 
outlet of the combustion device on a dry basis corrected to 3 percent 
oxygen.
* * * * *
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated vent stream:
* * * * *
    (8) Record and report the halogen concentration in the vent stream 
determined according to the procedures specified in 
Sec. 63.115(d)(2)(v).
* * * * *

    12. Section 63.118 is amended by:
    a. Revising paragraph (a)(3);
    b. Revising paragraph (e)(1);
    c. Revising paragraph (f)(3); and
    d. In paragraph (f)(5), revising the reference to ``paragraph 
(a)(2)(v) of this section'' to read ``paragraph (a)(2) of this 
section.''
    The revisions read as follows:


Sec. 63.118  Process vent provisions--periodic reporting and 
recordkeeping requirements.

    (a) * * *
    (3) Hourly records of whether the flow indicator specified under 
Sec. 63.114(d)(1) was operating and whether a diversion was detected at 
any time during the hour, as well as records of the times and durations 
of all periods when the gas stream is diverted to the atmosphere or the 
monitor is not operating.
* * * * *
    (e) * * *
    (1) Any process changes as defined in Sec. 63.115(e) that increase 
the organic HAP concentration of the vent stream,
* * * * *
    (f) * * *
    (3) Reports of the times and durations of all periods recorded 
under paragraph (a)(3) of this section when the gas stream is diverted 
to the atmosphere through a bypass line.
* * * * *

    13. Section 63.128 is amended by revising paragraph (b) and 
paragraph (h)(1)(ii) to read as follows:


Sec. 63.128  Transfer operations provisions--test methods and 
procedures.

* * * * *
    (b) When a flare is used to comply with Sec. 63.126(b)(2), the 
owner or operator shall comply with paragraphs (b)(1) through (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.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4). The observation period shall be as specified in 
paragraph (b)(1)(i) or (ii) of this section instead of the 2-hour 
period specified in Sec. 63.11(b)(4).
    (i) If the loading cycle is less than 2 hours, then the observation 
period for that run shall be for the entire loading cycle.
    (ii) If additional loading cycles are initiated within the 2-hour 
period, then visible emission observations shall be conducted for the 
additional cycles.
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
* * * * *
    (h) * * *
    (1) * * *
    (ii) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 degrees Celsius is used 
to meet the 98-percent emission reduction requirement, documentation 
that those conditions exist is sufficient to meet the requirements of 
paragraph (h)(1) of this section.
* * * * *


Sec. 63.130  [Amended]

    14. Section 63.130 is amended by revising the reference in 
paragraph (d)(5) from ``paragraph (a)(2)(v) of this section'' to read 
``paragraph (a)(2)(i) of this section.''

[[Page 6933]]


    15. Section 63.132 is amended by revising paragraphs (a)(3) and 
(b)(4) to read as follows:


Sec. 63.132  Process wastewater provisions--general.

    (a) * * *
    (3) Requirements for Group 2 wastewater streams. For wastewater 
streams that are Group 2 for table 9 compounds, comply with the 
applicable recordkeeping and reporting requirements specified in 
Secs. 63.146(b)(1) and 63.147(b)(8).
    (b) * * *
    (4) Requirements for Group 2 wastewater streams. For wastewater 
streams that are Group 2 for both table 8 and table 9 compounds, comply 
with the applicable recordkeeping and reporting requirements specified 
in Secs. 63.146(b)(1) and 63.147(b)(8).
* * * * *

    16. Section 63.138 is amended by:
    a. Revising paragraph (i) introductory text;
    b. Adding a sentence to the end of paragraph (i)(1) introductory 
text;
    c. Amending the last sentence in paragraph (i)(2) introductory text 
by revising the reference to ``(i)(2)(iv) of this section'' to read 
``(i)(3) of this section'';
    d. Adding a sentence to the end of paragraph (i)(2)(i) introductory 
text;
    e. Revising paragraph (i)(2)(iii); and
    f. Redesignating paragraph (i)(2)(iv) as paragraph (i)(3).
    The revisions and additions read as follows:


Sec. 63.138  Process wastewater provisions--performance standards for 
treatment processes managing Group 1 wastewater streams and/or 
residuals removed from Group 1 wastewater streams.

* * * * *
    (i) One megagram total source mass flow rate option. A wastewater 
stream is exempt from the requirements of paragraphs (b) and (c) of 
this section if the owner or operator elects to comply with either 
paragraph (i)(1) or (2) of this section, and complies with paragraph 
(i)(3) of this section.
    (1) * * * The owner or operator who meets the requirements of this 
paragraph (i)(1) is exempt from the requirements of Secs. 63.133 
through 63.137.
* * * * *
    (2) * * *
    (i) * * * When determining the total source mass flow rate for the 
purposes of paragraph (i)(2)(i)(B) of this section, the concentration 
and flow rate shall be determined at the location specified in 
paragraph (i)(2)(i)(B) of this section and not at the location 
specified in Sec. 63.144(b) and (c).
* * * * *
    (iii) The owner or operator of each waste management unit that 
receives, manages, or treats a partially treated wastewater stream 
prior to or during treatment shall comply with the requirements of 
Secs. 63.133 through 63.137, as applicable. For a partially treated 
wastewater stream that is stored, conveyed, treated, or managed in a 
waste management unit meeting the requirements of Secs. 63.133 through 
63.137, the owner or operator shall follow the procedures in paragraph 
(i)(2)(i)(B) of this section to calculate mass flow rate. A wastewater 
stream, either untreated or partially treated, where the mass flow rate 
has been calculated following the procedures in paragraph (i)(2)(i)(A) 
of this section, is exempt from the requirements of Secs. 63.133 
through 63.137.
* * * * *


Sec. 63.140  [Amended]

    17. Section 63.140 is amended by revising the reference to 
``Sec. 63.147(c)(7)'' in the last sentence of paragraph (c) to read 
``Sec. 63.147(b)(7).''

    18. Section 63.145 is amended by revising paragraph (j) to read as 
follows:


Sec. 63.145  Process wastewater provisions--test methods and procedures 
to determine compliance.

* * * * *
    (j) When a flare is used to comply with Sec. 63.139(c), the owner 
or operator shall comply with paragraphs (j)(1) through (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.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted 
using the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
* * * * *

    19. Section 63.146 is amended by:
    a. Adding paragraph (b)(1);
    b. Revising paragraph (b)(9) introductory text;
    c. Removing paragraph (b)(9)(iii); and
    d. Revising paragraph (d) introductory text.
    The additions and revisions read as follows:


Sec. 63.146  Process wastewater provisions--reporting.

* * * * *
    (b) * * *
    (1) Requirements for Group 2 wastewater streams. This paragraph 
does not apply to Group 2 wastewater streams that are used to comply 
with Sec. 63.138(g). For Group 2 wastewater streams, the owner or 
operator shall include the information specified in paragraphs 
(b)(1)(i) through (iv) of this section in the Notification of 
Compliance Status Report. This information may be submitted in any 
form. Table 15 of this subpart is an example.
    (i) Process unit identification and description of the process 
unit.
    (ii) Stream identification code.
    (iii) For existing sources, concentration of table 9 compound(s) in 
parts per million, by weight. For new sources, concentration of table 8 
and/or table 9 compound(s) in parts per million, by weight. Include 
documentation of the methodology used to determine concentration.
    (iv) Flow rate in liter per minute.
* * * * *
    (9) For each waste management unit or treatment process used to 
comply with Sec. 63.138(b)(1), (c)(1), (e), (f), or (g), the owner or 
operator shall submit the information specified in either paragraph 
(b)(9)(i) or (ii) of this section.
* * * * *
    (d) Except as provided in paragraph (f) of this section, for each 
treatment process used to comply with Sec. 63.138(b)(1), (c)(1), (d), 
(e) , (f), or (g), the owner or operator shall submit as part of the 
next Periodic Report required by Sec. 63.152(c) the information 
specified in paragraphs (d)(1), (2), and (3) of this section for the 
monitoring required by Sec. 63.143(b), (c), and (d).
* * * * *

    20. Section 63.147 is amended by:
    a. Revising paragraph (b) introductory text;
    b. Adding paragraph (b)(8);
    c. Revising paragraph (d) introductory text and paragraph (d)(2); 
and
    d. Adding paragraph (d)(3).
    The revisions and additions read as follows:


Sec. 63.147  Process wastewater provisions--recordkeeping.

* * * * *
    (b) The owner or operator shall keep in a readily accessible 
location the records specified in paragraphs (b)(1) through (8) of the 
section.
* * * * *
    (8) Requirements for Group 2 wastewater streams. This paragraph

[[Page 6934]]

(b)(8) does not apply to Group 2 wastewater streams that are used to 
comply with Sec. 63.138(g). For all other Group 2 wastewater streams, 
the owner or operator shall keep in a readily accessible location the 
records specified in paragraphs (b)(8)(i) through (iv) of this section.
    (i) Process unit identification and description of the process 
unit.
    (ii) Stream identification code.
    (iii) For existing sources, concentration of table 9 compound(s) in 
parts per million, by weight. For new sources, concentration of table 8 
and/or table 9 compound(s) in parts per million, by weight. Include 
documentation of the methodology used to determine concentration.
    (iv) Flow rate in liter per minute.
* * * * *
    (d) The owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
as specified in Sec. 63.152(f), except as provided in paragraphs (d)(1) 
through (3) of this section.
* * * * *
    (2) Regenerative carbon adsorbers. For regenerative carbon 
adsorbers, the owner or operator shall keep the records specified in 
paragraphs (d)(2)(i) and (ii) of this section instead of daily 
averages.
    (i) Records of the total regeneration stream mass flow for each 
carbon bed regeneration cycle.
    (ii) Records of the temperature of the carbon bed after each 
regeneration cycle.
    (3) Non-regenerative carbon adsorbers. For non-regenerative carbon 
adsorbers using organic monitoring equipment, the owner or operator 
shall keep the records specified in paragraph (d)(3)(i) of this section 
instead of daily averages. For non-regenerative carbon adsorbers 
replacing the carbon adsorption system with fresh carbon at a regular 
predetermined time interval that is less than the carbon replacement 
interval that is determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system, 
the owner or operator shall keep the records specified in paragraph 
(d)(3)(ii) of this section instead of daily averages.
    (i)(A) Record of how the monitoring frequency, as specified in 
table 13 of this subpart, was determined.
    (B) Records of when organic compound concentration of adsorber 
exhaust was monitored.
    (C) Records of when the carbon was replaced.
    (ii)(A) Record of how the carbon replacement interval, as specified 
in table 13 of this subpart, was determined.
    (B) Records of when the carbon was replaced.
* * * * *

    21. Section 63.150 is amended by:
    a. Amending paragraph (a) by adding a sentence to the end of the 
paragraph;
    b. Revising paragraph (g)(2) introductory text and paragraph 
(g)(2)(i);
    c. Revising paragraph (g)(2)(iii)(B)(2);
    d. Revising paragraph (m)(1)(i); and
    e. Revising paragraph (m)(2)(i).
    The revisions and additions read as follows:


Sec. 63.150  Emissions averaging provisions.

* * * * *
    (a) * * * Notwithstanding the definition of process vent in 
Sec. 63.101 and the sampling site designation in Sec. 63.115(a), for 
purposes of this section the location of a process vent shall be 
defined, and the characteristics of its gas stream shall be determined, 
consistent with paragraph (g)(2)(i) of this section.
* * * * *
    (g) * * *
    (2) Emissions from process vents shall be calculated according to 
paragraphs (g)(2)(i) through (iii) of this section.
    (i) The location of a process vent shall be defined, and the 
characteristics of its gas stream shall be determined at a point that 
meets the conditions in either paragraph (g)(2)(i)(A) or (B) of this 
section and the conditions in paragraphs (g)(2)(i)(C) through (E) of 
this section.
    (A) The point is after the final recovery device (if any recovery 
devices are present).
    (B) If a gas stream included in an emissions average is combined 
with one or more other gas streams after a final recovery device (if 
any recovery devices are present), then for each gas stream, the point 
is at a representative point after any final recovery device and as 
near as feasible to, but before, the point of combination of the gas 
streams.
    (C) The point is before any control device (for process vents, 
recovery devices shall not be considered control devices).
    (D) The point is before discharge to the atmosphere.
    (E) The measurement site for determination of the characteristics 
of the gas stream was selected using Method 1 or 1A of 40 CFR part 60, 
appendix A.
* * * * *
    (iii) * * *
    (B) * * *
    (2) For determining debits from Group 1 process vents, recovery 
devices shall not be considered control devices and cannot be assigned 
a percent reduction in calculating EPViACTUAL. The sampling 
site for measurement of uncontrolled emissions is after the final 
recovery device. However, as provided in Sec. 63.113(a)(3), a Group 1 
process vent may add sufficient recovery to raise the TRE index value 
above 1.0, thereby becoming a Group 2 process vent.
* * * * *
    (m) * * *
    (1) * * *
    (i) Determine, consistent with paragraph (g)(2)(i) of this section, 
whether the process vent is Group 1 or Group 2 according to the 
procedures in Sec. 63.115.
* * * * *
    (2) * *  *
    (i) Determine, consistent with paragraph (g)(2)(i) of this section, 
the flow rate, organic HAP concentration, and TRE index value using the 
methods specified in Sec. 63.115;
* * * * *

    22. Section 63.151 is amended by revising paragraph (b)(1)(iii) and 
by revising paragraph (e)(1) to read as follows:


Sec. 63.151  Initial notification.

* * * * *
    (b) * * *
    (1) * * *
    (iii) An identification of the kinds of emission points within the 
source that are subject to this subpart;
* * * * *
    (e) * * *
    (1) A list designating each emission point complying with 
Secs. 63.113 through 63.149 and whether each emission point is Group 1 
or Group 2, as defined in Sec. 63.111. For each process vent within the 
source, provide the information listed in paragraphs (e)(1)(i) through 
(iv) of this section.
    (i) The chemical manufacturing process unit(s) that is the origin 
of all or part of the vent stream that exits the process vent.
    (ii) The type(s) of unit operations (i.e., an air oxidation 
reactor, distillation unit, or reactor) that creates the vent stream 
that exits the process vent.
    (iii) For a Group 2 process vent, the last recovery device, if any.
    (iv) For a Group 1 process vent, the control device, or other 
equipment used for compliance.
* * * * *

    23. Section 63.152 is amended by adding a new paragraph (b)(6), 
revising paragraph (c)(4)(iv), and adding a new paragraph (d)(4) to 
read as follows:


Sec. 63.152  General reporting and continuous records.

* * * * *
    (b) * * *

[[Page 6935]]

    (6) An owner or operator complying with Sec. 63.113(i) shall 
include in the Notification of Compliance Status, or where applicable, 
a supplement to the Notification of Compliance Status, the name and 
location of the transferee, and the identification of the Group 1 
process vent.
* * * * *
    (c) * * *
    (4) * * *
    (iv) For gas streams sent for disposal pursuant to Sec. 63.113(i) 
or for process wastewater streams sent for treatment pursuant to 
Sec. 63.132(g), reports of changes in the identity of the transferee.
* * * * *
    (d) * * *
    (4) If an owner or operator transfers for disposal a gas stream 
that has the characteristics specified in Sec. 63.107(b) through (h) or 
meets the criteria specified in Sec. 63.107(i) to an off-site location 
or an on-site location not owned or operated by the owner or operator 
of the source and the vent stream was not included in the information 
submitted with the Notification of Compliance Status or a previous 
periodic report, the owner or operator shall submit a supplemental 
report. The supplemental report shall be submitted no later than July 
23, 2001 or with the next periodic report, whichever is later. The 
report shall provide the information listed in paragraphs (d)(4)(i) 
through (iv) of this section.
    (i) The chemical manufacturing process unit(s) that is the origin 
of all or part of the vent stream that exits the process vent.
    (ii) The type(s) of unit operations (i.e., an air oxidation 
reactor, distillation unit, or reactor) that creates the vent stream 
that exits the process vent.
    (iii) For a Group 2 process vent, the last recovery device, if any.
    (iv) For a Group 1 process vent, the identity of the transferee.
* * * * *

Appendix to Subpart G--[Amended]

    24. The appendix to subpart G is amended by:
    a. Revising table 12;
    b. Revising footnote f to table 17; and
    c. Revising table 20.
    The revisions read as follows:

Appendix to Subpart G--Tables and Figures

* * * * *

                           Table 12.--Monitoring Requirements for Treatment Processes
----------------------------------------------------------------------------------------------------------------
                                        Parameters to be
          To comply with                   monitored                  Frequency                  Methods
----------------------------------------------------------------------------------------------------------------
1. Required mass removal of Table  Appropriate parameters as  Appropriate frequency as  Appropriate methods as
 8 and/or Table 9 compound(s)       specified in Sec.          specified in Sec.         specified in Sec.
 from wastewater treated in a       63.143(c) and approved     63.143 and approved by    63.143 and as approved
 properly operated biological       by permitting authority.   permitting authority.     by permitting
 treatment unit, Sec.  63.138(f),                                                        authority.
 and Sec.  63.138(g).
2. Steam stripper................  (i) Steam flow rate; and.  Continuously............  Integrating steam flow
                                                                                         monitoring device
                                                                                         equipped with a
                                                                                         continuous recorder.
                                   (ii) Wastewater feed mass  Continuously............  Liquid flow meter
                                    flow rate; and                                       installed at stripper
                                                                                         influent and equipped
                                                                                         with a continuous
                                                                                         recorder.
                                   (iii) Wastewater feed      Continuously............  (A) Liquid temperature
                                    temperature; or                                      monitoring device
                                   (iv) Column operating                                 installed at stripper
                                    temperature.                                         influent and equipped
                                                                                         with a continuous or
                                                                                         recorder; or
                                                                                        (B) Liquid temperature
                                                                                         monitoring device
                                                                                         installed in the column
                                                                                         top tray liquid phase
                                                                                         (i.e., at the
                                                                                         downcomer) and equipped
                                                                                         with a continuous
                                                                                         recorder.
3. Other treatment processes or    Other parameters may be
 alternative monitoring             monitored upon approval
 parameters to those listed in      from the Administrator
 item 2 of this table.              with the requirements
                                    specified in Sec.
                                    63.151(f).
----------------------------------------------------------------------------------------------------------------


   Table 17.--Information for Treatment Processes to be Submitted With
                 Notification of Compliance Status a, b
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------
\f\ Parameter(s) to be monitored or measured in accordance with Table 12
  and Sec.  63.143.

* * * * *

   Table 20.--Wastewater--Periodic Reporting Requirements for Control
   Devices Subject to Sec.  63.139 Used To Comply With  63.13 Through
                                 63.139
------------------------------------------------------------------------
        Control device                   Reporting requirements
------------------------------------------------------------------------
(1) Thermal Incinerator......  Report all daily average a temperatures
                                that are outside the range established
                                in the NCS b or operating permit and all
                                operating days when insufficient
                                monitoring data are collected c.

[[Page 6936]]

 
(2) Catalytic Incinerator....  (i) Report all daily average a upstream
                                temperatures that are outside the range
                                established in the NCS b or operating
                                permit.
                               (ii) Report all daily average a
                                temperature differences across the
                                catalyst bed that are outside the range
                                established in the NCS b or operating
                                permit.
                               (iii) Report all operating days when
                                insufficient monitoring data are
                                collected c.
(3) Boiler or Process Heater   Report all daily average a firebox
 with a design heat input       temperatures that are outside the range
 capacity less than 44          established in the NCS b or operating
 megawatts and vent stream is   permit and all operating days when
 not mixed with the primary     insufficient monitoring data are
 fuel.                          collected c.
(4) Flare....................  Report the duration of all periods when
                                all pilot flames are absent.
(5) Condenser................  Report all daily average a exit
                                temperatures that are outside the range
                                established in the NCS b or operating
                                permit and all operating days when
                                insufficient monitoring data are
                                collected c.
(6) Carbon Adsorber            (i) Report all carbon bed regeneration
 (Regenerative).                cycles when the total regeneration
                                stream mass or volumetric flow is
                                outside the range established in the NCS
                                b or operating permit.
                               (ii) Report all carbon bed regeneration
                                cycles during which the temperature of
                                the carbon bed after regeneration is
                                outside the range established in the NCS
                                b or operating permit.
                               (iii) Report all operating days when
                                insufficient monitoring data are
                                collected c.
(7) Carbon Adsorber (Non-      (i) Report all operating days when
 Regenerative).                 inspections not done according to the
                                schedule developed as specified in table
                                13 of this subpart.
                               (ii) Report all operating days when
                                carbon has not been replaced at the
                                frequency specified in table 13 of this
                                subpart.
(8) All Control Devices......  (i) Report the times and durations of all
                                periods when the vent stream is diverted
                                through a bypass line or the monitor is
                                not operating, or
                               (ii) Report all monthly inspections that
                                show the valves are moved to the
                                diverting position or the seal has been
                                changed.
------------------------------------------------------------------------
a The daily average is the average of all values recorded during the
  operating day, as specified in Sec.  63.147(d).
b NCS = Notification of Compliance Status described in Sec.  63.152.
c The periodic reports shall include the duration of periods when
  monitoring data are not collected for each excursion as defined in
  Sec.  63.152(c)(2)(ii)(A).

* * * * *

Subpart H--National Emission Standards for Organic Hazardous Air 
Pollutants for Equipment Leaks

    25. Section 63.180 is amended by revising paragraph (e) to read as 
follows:


Sec. 63.180  Test methods and procedures.

* * * * *
    (e) When a flare is used to comply with Sec. 63.172(d), the owner 
or operator shall comply with paragraphs (e)(1) through (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.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted 
using the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
* * * * *

Appendix C--[Amended]

    26. Appendix C to part 63 is amended by:
    a. Revising the third paragraph in section I;
    b. Revising the introductory text in section III;
    c. Revising Eqn App. C-4 in section III.D.1 and the paragraph 
preceding it;
    d. Revising Eqn App. C-6 in section III.D.2 and the paragraph 
preceding it;
    e. Adding section III.E;
    f. Adding references 7 and 8 to the References section;
    g. Revising Figure 1; and
    h. Adding Form XIII.
    The additions and revisions read as follows:

Appendix C to Part 63

    Determination of the Fraction Biodegraded (fbio) in a 
Biological Treatment Unit

I. Purpose

* * * * *
    Unless otherwise specified, the procedures presented in this 
appendix are designed to be applied to thoroughly mixed treatment 
units. A thoroughly mixed treatment unit is a unit that is designed 
and operated to approach or achieve uniform biomass distribution and 
organic compound concentration throughout the aeration unit by 
quickly dispersing the recycled biomass and the wastewater entering 
the unit. Detailed discussion on how to determine if a biological 
treatment unit is thoroughly mixed can be found in reference 7. 
Systems that are not thoroughly mixed treatment units should be 
subdivided into a series of zones that have uniform characteristics 
within each zone. The number of zones required to characterize a 
biological treatment system will depend on the design and operation 
of the treatment system. Detailed discussion on how to determine the 
number of zones in a biological treatment unit and examples of 
determination of f bio can be found in reference 8. Each 
zone should then be modeled as a separate unit. The amount of air 
emissions and biodegradation from the modeling of these separate 
zones can then be added to reflect the entire system.
* * * * *

III. Procedures for Determination of fbio

    The first step in the analysis to determine if a biological 
treatment unit may be used without being covered and vented through 
a closed-vent system to an air pollution control device is to 
determine the compound-specific fbio. The following 
procedures may be used to determine fbio:
    (1) The EPA Test Method 304A or 304B (appendix A, part 63)--
Method for the Determination of Biodegradation Rates of Organic 
Compounds,
    (2) Performance data with and without biodegradation,
    (3) Inlet and outlet concentration measurements,
    (4) Batch tests,
    (5) Multiple zone concentration measurements.
    All procedures must be executed so that the resulting 
fbio is based on the collection system and waste 
management units being in compliance with the rule. If the 
collection system and waste management units meet the suppression 
requirements at the time of the test, any of the procedures may be 
chosen. If the collection system and waste management units are not 
in compliance at the time of the performance test, then only Method 
304A, B,

[[Page 6937]]

or the batch test shall be chosen. If Method 304A, B, or the batch 
test is used, any anticipated changes to the influent of the full-
scale biological treatment unit that will occur after the facility 
has enclosed the collection system must be represented in the 
influent feed to the benchtop bioreactor unit, or test unit.
    Select one or more appropriate procedures from the five listed 
above based on the availability of site specific data and the type 
of mixing that occurs in the unit (thoroughly mixed or multiple 
mixing zone). If the facility does not have site-specific data on 
the removal efficiency of its biological treatment unit, then 
Procedure 1 or Procedure 4 may be used. Procedure 1 allows the use 
of a benchtop bioreactor to determine the first-order biodegradation 
rate constant. An owner or operator may elect to assume the first 
order biodegradation rate constant is zero for any regulated 
compound(s) present in the wastewater. Procedure 4 explains two 
types of batch tests which may be used to estimate the first order 
biodegradation rate constant. An owner or operator may elect to 
assume the first order biodegradation rate constant is zero for any 
regulated compound(s) present in the wastewater. Procedure 3 would 
be used if the facility has, or measures to determine, data on the 
inlet and outlet individual organic compound concentration for the 
biological treatment unit. Procedure 3 may only be used on a 
thoroughly mixed treatment unit. Procedure 5 is the concentration 
measurement test that can be used for units with multiple mixing 
zones. Procedure 2 is used if a facility has or obtains performance 
data on a biotreatment unit prior to and after addition of the 
microbial mass. An example where Procedure 2 could be used is an 
activated sludge unit where measurements have been taken on inlet 
and exit concentration of organic compounds in the wastewater prior 
to seeding with the microbial mass and startup of the unit. The flow 
chart in figure 1 outlines the steps to use for each of the 
procedures.
* * * * *

D. Batch Tests (Procedure 4)

* * * * *
    1. * * *
    Equation App. C-3 can be integrated to obtain the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22JA01.162

Where:
    A = GKeqKs + QmVX
    B = GKeq
    So = test compound concentration at t=0
* * * * * * *
    2. * * *
    Equation App. C-5 can be solved analytically to give:
    [GRAPHIC] [TIFF OMITTED] TR22JA01.163
    
* * * * *

E. Multiple Zone Concentration Measurements (Procedure 5)

    Procedure 5 is the concentration measurement method that can be 
used to determine the fbio for units that are not 
thoroughly mixed and thus have multiple zones of mixing. As with the 
other procedures, proper determination of fbio must be 
made on a system as it would exist under the rule. For purposes of 
this calculation, the biological unit must be divided \1\ into zones 
with uniform characteristics within each zone. The number of zones 
that is used depends on the complexity of the unit. Reference 8, 
``Technical Support Document for the Evaluation of Aerobic 
Biological Treatment Units with Multiple Mixing Zones,'' is a source 
for further information concerning how to determine the number of 
zones that should be used for evaluating your unit. The following 
information on the biological unit must be available to use this 
procedure: basic unit variables such as inlet and recycle wastewater 
flow rates, type of agitation, and operating conditions; measured 
representative organic compound concentrations in each zone and the 
inlet and outlet; and estimated mass transfer coefficients for each 
zone.
---------------------------------------------------------------------------

    \1\ This is a mathematical division of the actual unit; not 
addition of physical barriers.
---------------------------------------------------------------------------

    Reference 8 ``Technical Support Document for the Evaluation of 
Aerobic Biological Treatment Units with Multiple Mixing Zones,'' is 
a source for further information concerning how to interpolate the 
biorates for multiple zones. In units with well-characterized 
concentration measurements obtained in an initial evaluation of the 
unit, it may be possible to demonstrate that there is a good 
correlation of the component concentrations with the locations in 
the multiple-zone unit. With this good correlation, it may be 
possible to accurately predict the concentrations in selected zones 
without actually testing each selected zone. This correlation method 
may be used for units that have many zones (greater than 5) or where 
one of the interior zones is not readily accessible for sampling. To 
use this correlation method of estimating zone concentrations, it is 
necessary to measure the concentrations in the inlet unit, the exit 
unit, and sufficient interior units to obtain a correlation of 
component concentrations with the locations. You cannot use this 
correlation method of estimating selected zone concentrations if 
monitoring of each zone is required, or if the accuracy and 
precision of the correlation is inferior to actual individual 
sampling error. The accuracy and precision of the correlation may be 
improved by increasing the number of locations tested. Because the 
correlation is based on many samples, it should provide an accurate 
representation of a stable operating system.
    The estimated mass transfer coefficient for each compound in 
each zone is obtained from Form II using the characteristics of each 
zone. A computer model may be used. If the Water7 model or the most 
recent update to this model is used, then use Form II-A to calculate 
KL. The TOXCHEM or BASTE model may also be used to calculate KL for 
the biological treatment unit, with the stipulations listed in 
Procedure 304B. Compound concentration measurements for each zone 
are used in Form XIII to calculate the fbio. A copy of 
Form XIII is completed for each of the compounds of concern treated 
in the biological unit.
* * * * *

References

* * * * *
    7. Technical Support Document for Evaluation of Thoroughly Mixed 
Biological Treatment Units. November 1998.
    8. Technical Support Document for the Evaluation of Aerobic 
Biological Treatment Units with Multiple Mixing Zones. July 1999.
* * * * *

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[FR Doc. 01-60 Filed 1-19-01; 8:45 am]
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