[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Proposed Rules]
[Pages 16154-16259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5077]



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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Miscellaneous 
Organic Chemical Manufacturing and Miscellaneous Coating Manufacturing; 
Proposed Rule

  Federal Register / Vol. 67 , No. 65 / Thursday, April 4, 2002 / 
Proposed Rules  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7150-8]
RIN 2060-AE82


National Emission Standards for Hazardous Air Pollutants: 
Miscellaneous Organic Chemical Manufacturing and Miscellaneous Coating 
Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for the Miscellaneous Organic Chemical 
Manufacturing source category and the Miscellaneous Coating 
Manufacturing source category. The Miscellaneous Organic Chemical 
Manufacturing source category includes many previously unregulated 
organic chemical processing units at major sources. The Miscellaneous 
Coating Manufacturing source category includes the manufacture of a 
number of coatings including paints, inks, and adhesives. The EPA has 
determined that both source categories include facilities that are 
major sources of hazardous air pollutants (HAP), including toluene, 
methanol, xylene, hydrogen chloride, and methylene chloride. Methylene 
chloride is considered to be a probable human carcinogen and the other 
pollutants can cause noncancer health effects in humans. These proposed 
NESHAP will implement section 112(d) of the Clean Air Act (CAA) by 
requiring all major sources in the relevant source categories to meet 
HAP emission limitations and work practice standards reflecting the 
application of the maximum achievable control technology (MACT). The 
proposed subpart FFFF will reduce HAP emissions by approximately 28,000 
Megagrams per year (Mg/yr) (30,900 tons per year (tpy)), and proposed 
subpart HHHHH will reduce HAP emissions by approximately 5,670 Mg/yr 
(6,250 tpy).

DATES: Comments: Submit comments on or before June 3, 2002.
    Public Hearing: If anyone contacts the EPA requesting to speak at a 
public hearing by April 24, 2002, a public hearing will be held at 10 
a.m. on May 6, 2002.

ADDRESSES: Comments: By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-96-04, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket Number 
A-96-04, U.S. EPA, 401 M Street, SW, Washington, DC 20460. The EPA 
requests a separate copy also be sent to the contact person listed 
below (see FOR FURTHER INFORMATION CONTACT).
    Public Hearing: If a public hearing is held, it will be held in the 
EPA Office of Administration Auditorium, Research Triangle Park, North 
Carolina, or at an alternate site nearby.
    Docket: Docket No. A-96-04 contains supporting information used in 
developing the NESHAP. The docket is located at the U.S. EPA, 401 M 
Street, SW., Washington, DC 20460 in room M-1500, Waterside Mall 
(ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
NESHAP, contact Mr. Randy McDonald, Organic Chemicals Group, Emission 
Standards Division (MD-13), U.S. EPA, Research Triangle Park, North 
Carolina, 27711, telephone number (919) 541-5402, electronic mail 
address [email protected]. For information about the public 
hearing, contact Ms. Maria Noell, Organic Chemicals Group, Emission 
Standards Division (MD-13), U.S. EPA, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-5607, electronic mail 
address [email protected].

SUPPLEMENTARY INFORMATION: Comments: Comments and data may be submitted 
by electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted either as an ASCII file to avoid the use of 
special characters and encryption problems or on disks in 
WordPerfect version 5.1, 6.1 or Corel 8 file format. All 
comments and data submitted in electronic form must note the docket 
number: A-96-04. No confidential business information (CBI) should be 
submitted by e-mail. Electronic comments may be filed online at many 
Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: Mr. Randy McDonald, c/o 
OAQPS Document Control Officer (Room 740B), U.S. EPA, 411 W. Chapel 
Hill Street, Durham, NC 27701. The EPA will disclose information 
identified as CBI only to the extent allowed by the procedures set 
forth in 40 CFR part 2. If no claim of confidentiality accompanies a 
submission when it is received by the EPA, the information may be made 
available to the public without further notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Maria Noell at least 2 days in advance of the public hearing. Persons 
interested in attending the public hearing must also call Ms. Noell to 
verify the time, date, and location of the hearing. The public hearing 
will provide interested parties the opportunity to present data, views, 
or arguments concerning these proposed NESHAP.
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of these proposed 
NESHAP. The docket is a dynamic file because material is added 
throughout the rulemaking process. The docketing system is intended to 
allow members of the public and industries involved to readily identify 
and locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated NESHAP and 
their preambles, the contents of the docket will serve as the record in 
the case of judicial review. (See section 307(d)(7)(A) of the CAA.) The 
regulatory text and other materials related to these proposed NESHAP 
are available for review in the docket or copies may be mailed on 
request from the Air Docket by calling (202) 260-7548. A reasonable fee 
may be charged for copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed NESHAP will also be available on 
the WWW through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the proposed NESHAP 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.

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    Regulated Entities. Categories and entities potentially regulated 
by this action include those listed in the following table.

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                                                                                          Examples of regulated
               Category                          SIC                     NAICS                   entities
----------------------------------------------------------------------------------------------------------------
Industry.............................  282, 283, 284, 285,      3251, 3252, 3253, 3254,  Producers of specialty
                                        286, 287, 289, 386.      3255, 3256, 3259,        organic chemicals,
                                                                 except 325131 and        paints, coatings,
                                                                 325181.                  adhesives, inks,
                                                                                          explosives, certain
                                                                                          polymers and resins,
                                                                                          and certain pesticide
                                                                                          intermediates.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in Sec. 63.2435 and 
Sec. 63.7985 of the proposed NESHAP. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria are used in the development of NESHAP?
    C. What is the history of the source categories?
    D. What are the health effects associated with the pollutants 
emitted from the Miscellaneous Organic Chemical Manufacturing and 
the Miscellaneous Coating Manufacturing source categories?
II. Summary of the Proposed NESHAP
    A. What source categories and subcategories are affected by 
these proposed NESHAP?
    B. What are the primary sources of emissions and what are the 
emissions?
    C. What is the affected source?
    D. What are the emission limits, operating limits, and other 
standards?
    E. What are the testing and initial compliance requirements?
    F. What are the continuous compliance provisions?
    G. What are the notification, recordkeeping, and reporting 
requirements?
    H. How will the proposed subpart FFFF be incorporated into Title 
V permits?
III. Rationale for Selecting Proposed Emission Limitations and Work 
Practice Standards
    A. How did we select the source categories?
    B. How did we select the affected source?
    C. How did we determine the basis and level of the proposed 
standards for existing and new sources?
    D. How did we select the format of the standards?
    E. How did we select the testing and initial compliance 
requirements?
    F. How did we select the continuous compliance requirements?
    G. How did we select the notification, recordkeeping, and 
reporting requirements?
    H. What is the relationship of these proposed NESHAP to other 
rules?
    I. What types of comments are being specifically requested by 
the Administrator?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. Miscellaneous Organic Chemical Manufacturing
    B. Miscellaneous Coating Manufacturing
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13175, 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 1966 (SBREFA), 5 
U.S.C. 601 et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution or Use

I. Background

A. What Is the Source of Authority for Development of NESHAP?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and some area sources of HAP, and to 
establish NESHAP for the listed source categories and subcategories. 
The categories of major sources covered by today's proposed NESHAP are 
described in section I.C. Major sources of HAP are those that are 
located within a contiguous area and under common control and have the 
potential to emit greater than 9.1 Mg/yr (10 tons/yr) of any one HAP or 
22.7 Mg/yr (25 tons/yr) of any combination of HAP.

B. What Criteria Are Used in the Development of NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from both new and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable, taking into consideration the cost 
of achieving the emissions reductions, any nonair quality health and 
environmental impacts, and energy requirements. This level of control 
is commonly referred to as MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that all major sources achieve the level of control 
already achieved by the better-controlled and lower-emitting sources in 
each source category or subcategory. For new sources, the MACT floor 
cannot be less stringent than the emission control that is achieved in 
practice by the best-controlled similar source. The MACT standards for 
existing sources can be less stringent than standards for new sources, 
but they cannot be less stringent than the average emission limitation 
achieved by the best-performing 12 percent of existing sources (or the 
best-performing 5 sources for categories or subcategories with fewer 
than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. In considering whether to establish standards 
more stringent than the floor, we must consider cost, nonair quality 
health and environmental impacts, and energy requirements.

C. What Is the History of the Source Categories?

1. Initial Source Categories
    Section 112 of the CAA requires us to establish rules for 
categories of emission sources that emit HAP. On July 16, 1992, we 
published an initial list of 174 source categories to be regulated (57 
FR 31576). The listing was our best attempt to identify major sources 
of HAP by manufacturing category. Following the publication of this 
listing, we published a schedule for the promulgation of emission 
standards for each of the 174 listed source categories. At the time the 
initial list was published, we recognized that we might have to revise 
the list

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from time to time as better information became available.
2. Changes to the Initial List
    Based on information we collected in 1995, we realized that several 
of the original source categories on the list had similar process 
equipment, emission characteristics and applicable control 
technologies. Additionally, many of these source categories were on the 
same schedule for promulgation, by November 15, 2000. Therefore, we 
decided to combine a number of source categories from the original 
listing into one broad set of emission standards. On November 7, 1996, 
we published a notice combining 21 source categories from the initial 
list of 174 into the Miscellaneous Organic Chemical Processes source 
category (61 FR 57602).
    Twelve of the 21 source categories were listed under the 
miscellaneous process industry group on the initial list. These 
include: benzyltrimethylammonium chloride production, carbonyl sulfide 
production, chelating agents production, chlorinated paraffins 
production, ethylidene norbornene production, explosives production, 
hydrazine production, photographic chemicals production, phthalate 
plasticizers production, rubber chemicals production, symmetrical 
tetrachloropyridine production, and OBPA/1,3-diisocyanate production. 
Eight of the 21 source categories were listed under the polymers and 
resins industry group. These include: alkyd resins production, 
polyester resins production, polyvinyl alcohol production, polyvinyl 
acetate emulsions production, polyvinylbutyral production, polymerized 
vinylidene chloride production, polymethylmethacrylate production, and 
maleic anhydride copolymers production. The last of the 21 source 
categories is the manufacture of paints, coatings, and adhesives.
    Along with these 21 source categories, the Miscellaneous Organic 
Chemical Processes category was also defined in the Federal Register 
notice to include organic chemical manufacturing defined by SIC codes 
282, 284, 285, 286, 287, 289, and 386 which are not being covered by 
any other MACT standard. One example is the coverage of batch process 
vents from reactors in the synthetic organic chemical manufacturing 
industry (SOCMI) that are excluded from the provisions of the Hazardous 
Organic NESHAP (HON). Another example, also an exclusion in the HON, is 
the coverage of HAP emissions from SOCMI processes in which HAP are 
used only as solvents. The Miscellaneous Organic Chemical Processes 
source category would also cover production of pesticide intermediates 
that are not covered by the Pesticide Active Ingredient NESHAP, as well 
as materials not considered primary products under the Group I and IV 
Polymers and Resins NESHAP. In addition to the 21 listed source 
categories, two other source categories are to be subsumed into the 
Miscellaneous Organic Chemical Processes source category. These are 
quaternary ammonium compounds production and ammonium sulfate 
production from caprolactam by-product plants.
3. Grouping Into Two Source Categories
    On November 18, 1999, we published a Federal Register notice 
describing changes to the source category list (64 FR 63035). At that 
time, we also described our intent to group the source categories into 
two new source categories instead of one. The two new source categories 
are called the ``Miscellaneous Organic Chemical Manufacturing'' source 
category and the ``Miscellaneous Coating Manufacturing'' source 
category. During our review of the data, we decided that the emission 
sources in the miscellaneous coating manufacturing industry should be 
regulated differently from other miscellaneous organic chemical 
processes because their emission stream could be characterized more 
narrowly and standards could be tailored for these characteristics. For 
example, coatings manufacturing involves mixing and blending of raw 
materials at ambient temperatures. Emissions from these operations 
generally result from the displacement of materials during processing. 
Therefore, the proposed standards for process vents from coatings 
process vessels are tailored to specific condenser controls operating 
on saturated streams at ambient conditions. Conversely, organic 
chemical manufacturing involves chemical reactions and separation 
processes conducted at elevated temperatures. Emissions from these 
processes result from exothermic reactions, vessel heating, gas 
sparging, depressurizations, displacements, as well as other events, 
and emission stream characteristics vary in concentration, flowrate, 
and temperature. Because emission stream characteristics vary 
extensively in the broader source category, the compliance options are 
structured to accommodate a wide range of conditions. The difference in 
conditions and emission characteristics between the two source 
categories provides the basis for today's proposed NESHAP, which set 
MACT standards for two separate source categories in the proposed 
subparts FFFF and HHHHH of 40 CFR part 63.

D. What Are the Health Effects Associated With the Pollutants Emitted 
From Miscellaneous Organic Chemical Manufacturing and Miscellaneous 
Coating Manufacturing Source Categories?

    Today's proposed NESHAP protect air quality and promote the public 
health by reducing emissions of some of the HAP listed in section 
112(b)(1) of the CAA. The HAP emitted by the Miscellaneous Organic 
Chemical Manufacturing and Miscellaneous Coating Manufacturing source 
categories include but are not limited to methanol, hydrogen chloride, 
cresols, methylene chloride, methyl ethyl ketone (MEK), toluene, vinyl 
acetate, xylene, hydrogen fluoride, hexane, and methyl chloride. 
Exposure to these compounds has been demonstrated to cause adverse 
health effects.
    The HAP that would be controlled with these NESHAP are associated 
with a variety of adverse health effects. These adverse health effects 
include chronic (long-term) health disorders (e.g., irritation and 
damage to nasal membranes; damage to the liver, kidneys, and testicles) 
and acute health disorders (e.g., irritation of eyes, throat, and 
mucous membranes; dizziness, headache, and nausea). Three of the HAP 
have been classified as probable or possible human carcinogens.
    We do not have the type of current detailed data on each of the 
facilities covered by the Miscellaneous Organic Chemical Manufacturing 
and Miscellaneous Coating Manufacturing NESHAP, and the people living 
around the facilities, that would be necessary to conduct an analysis 
to determine the actual population exposures to the HAP emitted from 
these facilities and potential for resultant health effects. Therefore, 
we do not know the extent to which the adverse health effects described 
above occur in the populations surrounding these facilities. However, 
to the extent the adverse effects do occur, the NESHAP will reduce 
emissions and subsequent exposures.
    Acute (short-term) or chronic (long-term) exposure of humans to 
methanol by inhalation or ingestion may result in blurred vision, 
headache, dizziness, and nausea. No information is available on the 
reproductive, developmental, or carcinogenic effects of methanol in 
humans. Birth defects have been observed in the offspring of rats and 
mice exposed to methanol by

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inhalation. A methanol inhalation study using rhesus monkeys reported a 
decrease in the length of pregnancy and limited evidence of impaired 
learning ability in offspring. We have not classified methanol with 
respect to carcinogenicity.
    Hydrogen chloride, also called hydrochloric acid, is corrosive to 
the eyes, skin, and mucous membranes. Acute inhalation exposure may 
cause eye, nose, and respiratory tract irritation and inflammation and 
pulmonary edema in humans. Dermal contact may produce severe burns, 
ulceration, and scarring. Chronic occupational exposure to hydrochloric 
acid has been reported to cause gastritis, bronchitis, and dermatitis 
in workers. Prolonged exposure to low concentrations may also cause 
dental discoloration and erosion. No information is available on the 
reproductive or developmental effects of hydrochloric acid in humans. 
In rats exposed to hydrochloric acid by inhalation, altered estrus 
cycles have been reported in females, and increased fetal mortality and 
decreased fetal weight have been reported in offspring. We have not 
classified hydrochloric acid for carcinogenicity.
    Acute inhalation exposure by humans to mixed cresols results in 
respiratory tract irritation, with symptoms such as dryness, nasal 
constriction, and throat irritation. Cresols are also strong dermal 
irritants. No information is available on the chronic effects of mixed 
cresols in humans, but animal studies have reported effects on the 
blood, liver, kidney, and central nervous system, and reduced body 
weight from oral and inhalation exposure to mixed cresols. No 
information is available on the reproductive or developmental effects 
of mixed cresols in humans. Animal studies with oral exposure have 
reported developmental effects, but only at doses toxic to the mother, 
and no reproductive effects. Only anecdotal information is available on 
the carcinogenic effects of mixed cresols in humans. Several animal 
studies suggest that individual cresol compounds (o-cresol, m-cresol, 
and p-cresol) may act as tumor promoters. We have classified o-cresol, 
m-cresol, and p-cresol as Group C, possible human carcinogens.
    Acute exposure to methylene chloride by inhalation affects the 
nervous system, causing decreased visual, auditory, and motor 
functions. These effects are reversible once exposure ceases. The 
effects of chronic exposure to methylene chloride suggest that the 
central nervous system is a potential target in both humans and 
animals. Limited animal studies have reported developmental effects. 
Human data are inconclusive regarding methylene chloride and cancer. 
Animal studies have shown increases in liver and lung cancer and benign 
mammary gland tumors following the inhalation of methylene chloride. We 
have classified methylene chloride as a Group B2, probable human 
carcinogen.
    Acute inhalation exposure to MEK in humans results in irritation to 
the eyes, nose, and throat. Limited information is available on the 
chronic effects of MEK in humans. Chronic inhalation studies in animals 
have reported slight neurological, liver, kidney, and respiratory 
effects. No information is available on the developmental, 
reproductive, or carcinogenic effects of MEK in humans. Developmental 
effects, including decreased fetal weight and fetal malformations, have 
been reported in mice and rats exposed to MEK via inhalation and 
ingestion. We have classified MEK in Group D, not classifiable as to 
human carcinogenicity.
    Acute inhalation of toluene by humans may cause effects to the 
central nervous system, such as fatigue, sleepiness, headache, and 
nausea, as well as irregular heartbeat. People who abuse toluene-based 
products by deliberately inhaling their vapors have shown adverse 
nervous system effects. Symptoms include tremors, decreased brain size, 
involuntary eye movements, and impaired speech, hearing, and vision. 
Chronic inhalation exposure of humans to lower levels of toluene also 
causes irritation of the upper respiratory tract, eye irritation, sore 
throat, nausea, dizziness, headaches, and difficulty with sleep. 
Studies of children of pregnant women exposed by inhalation to toluene 
or to mixed solvents have reported nervous system problems, facial and 
limb abnormalities, and delayed development. However, these effects may 
not be attributable to toluene alone.
    Acute inhalation exposure of workers to vinyl acetate has resulted 
in eye and upper respiratory tract irritation. Chronic occupational 
exposure results in upper respiratory tract irritation, cough, and/or 
hoarseness. Nasal epithelial lesions and irritation and inflammation of 
the respiratory tract were observed in mice and rats chronically 
exposed by inhalation. No information is available on the reproductive, 
developmental, or carcinogenic effects of vinyl acetate in humans. Some 
limited animal data suggest reduced body weight, fetal growth 
retardation, and minor skeletal fetal defects at high exposure levels. 
An increased incidence of nasal cavity tumors has been observed in rats 
exposed by inhalation. We have not classified vinyl acetate for 
carcinogenicity.
    Acute inhalation of mixed xylenes (a mixture of three closely 
related compounds) in humans may cause irritation of the nose and 
throat, nausea, vomiting, gastric irritation, mild transient eye 
irritation, and neurological effects. Chronic inhalation of xylenes in 
humans may result in nervous system effects such as headache, 
dizziness, fatigue, tremors, and incoordination. Other reported effects 
include labored breathing, heart palpitation, severe chest pain, 
abnormal electrocardiograms, and possible effects on the blood and 
kidneys.
    Acute inhalation exposure to gaseous hydrogen fluoride can cause 
respiratory damage in humans, including severe irritation and pulmonary 
edema. Chronic exposure to fluoride at low levels has a beneficial 
effect of dental cavity prevention and may also be useful for the 
treatment of osteoporosis. Exposure to higher levels of fluoride 
through drinking water may cause dental fluorosis or mottling, while 
very high exposures through drinking water or air can result in 
skeletal fluorosis. The only developmental effect observed from 
fluoride exposure in humans is dental fluorosis which can occur in a 
child's teeth when a mother receives high levels of fluoride during 
pregnancy. One study reported menstrual irregularities in women 
occupationally exposed to fluoride. We have not classified hydrogen 
fluoride for carcinogenicity.
    Acute inhalation exposure of humans to high levels of hexane causes 
mild central nervous system effects, including dizziness, giddiness, 
slight nausea, and headache. Chronic exposure to hexane in air causes 
numbness in the extremities, muscular weakness, blurred vision, 
headache, and fatigue. One study reported testicular damage in rats 
exposed to hexane through inhalation. No information is available on 
the carcinogenic effects of hexane in humans or animals. We have 
classified hexane in Group D, not classifiable as to human 
carcinogenicity.
    Acute exposure to high concentrations of methyl chloride in humans 
has caused severe neurological effects including convulsions, coma, and 
death. Methyl chloride has also caused effects on heart rate, blood 
pressure, liver, and kidneys in humans. Chronic animal studies have 
shown liver, kidney, spleen, and central nervous system effects. No 
studies are available concerning developmental or reproductive effects 
of methyl chloride in humans. Inhalation studies have demonstrated that 
methyl chloride

[[Page 16158]]

causes reproductive effects in male rats, with effects including 
testicular lesions and decreased sperm production. Human cancer data 
are limited. Animal studies have noted kidney tumors in male mice. We 
have classified methyl chloride as a Group C, possible human 
carcinogen.

II. Summary of the Proposed NESHAP

A. What Source Categories and Subcategories Are Affected by These 
Proposed NESHAP?

    As noted in section I.C of this preamble, we are creating two new 
source categories from the combination of several existing source 
categories. These two source categories, which are affected by today's 
proposed NESHAP, are called the ``Miscellaneous Organic Chemical 
Manufacturing'' source category and the ``Miscellaneous Coating 
Manufacturing'' source category. There are no subcategories.

B. What Are the Primary Sources of Emissions and What Are the 
Emissions?

    The sources of emissions at both source categories are process 
vents, storage tanks, equipment leaks, transfer operations, and 
wastewater systems. Total baseline HAP emissions (i.e., the current 
level of control) for the Miscellaneous Organic Chemical Manufacturing 
source category are estimated to be on the order of 44,700 Mg/yr 
(49,300 tons/yr). Emissions from equipment leaks account for the 
largest fraction of emissions, or approximately 46 percent of the 
total. Emissions from process vents and wastewater systems account for 
approximately 25 percent and 28 percent of the total, respectively. 
Emissions from storage tanks and transfer operations account for less 
than 1 percent of the total.
    Total baseline HAP emissions for the Miscellaneous Coating 
Manufacturing source category are estimated to be 7,780 Mg/yr (8,580 
tons/yr). Emissions from mixing vessels and equipment leaks make up 
nearly 86 percent and 13 percent of the total, respectively; less than 
1 percent of the emissions are from wastewater, transfer operations, 
and storage tanks.

C. What Is the Affected Source?

    The affected source for the Miscellaneous Organic Chemical 
Manufacturing source category is the facilitywide collection of 
miscellaneous organic chemical manufacturing process units (MCPU), 
wastewater treatment and conveyance systems, transfer operations and 
associated ancillary equipment such as heat exchange systems. The MCPU 
includes equipment necessary to operate a process, equipment 
components, and associated storage tanks.
    The affected source for the Miscellaneous Coating Manufacturing 
source category is the miscellaneous coating manufacturing operations 
at the facility. These operations include storage tanks, process 
vessels, equipment components, wastewater treatment and conveyance 
systems, transfer operations, and ancillary sources such as heat 
exchange systems.

D. What Are the Emission Limitations, Operating Limitations and 
Other Standards?

    The proposed emission limitations and work practice standards are 
in Tables 1 through 8 of the proposed subpart FFFF and Tables 1 through 
7 of the proposed subpart HHHHH and are summarized below.
1. Miscellaneous Organic Chemical Manufacturing Source Category
    We are proposing separate standards for batch and continuous 
process vents. For batch process vents, the proposed standards would 
require you to reduce uncontrolled HAP emissions from the sum of all 
batch process vents within the process by 98 percent if uncontrolled 
emissions exceed 4,540 kilograms per year (kg/yr) (10,000 pounds per 
year (lb/yr)). No control of vents would be required for processes that 
are limited to uncontrolled emissions of 4,540 kg/yr (10,000 lb/yr), as 
calculated on a rolling 365-day basis. A second control option that we 
are proposing today for batch vents is to reduce the sum of all batch 
process vents within the process by 95 percent using recovery devices. 
You may also comply with the alternative standard, which requires you 
to achieve specified outlet concentrations for total organic compounds 
(TOC) and total hydrogen halides and halogens on a continuous basis. 
Both emission limits are 20 parts per million by volume (ppmv) for 
combustion devices, and 50 ppmv for noncombustion devices. We defined 
the term ``process'' to include all equipment which collectively 
functions to produce a material or family of materials that are covered 
by the source category.
    For continuous process vents, the proposed standards would require 
control of vents determined to have a total resource effectiveness 
(TRE) index equal to or less than 2.6. The proposed standards would 
require you to reduce HAP emissions by at least 98 percent by weight if 
the TRE of the outlet gaseous stream after the last recovery device is 
above 2.6, or to reduce the outlet TOC concentration to 20 ppmv or 
less. For continuous process vents, we reference the process vent 
standards contained in 40 CFR part 63, subpart SS.
    For both continuous and batch process vents, we are proposing to 
allow you to comply by combusting streams in hazardous waste 
incinerators that comply with the requirements of the Resource 
Conservation and Recovery Act (RCRA) or in boilers, flares, or process 
heaters that meet certain design and operating requirements. 
Additionally, you must also achieve less than 20 ppmv halogen or 
hydrogen halide concentration if you demonstrate compliance with the 20 
ppmv TOC alternative standard or the 20 ppmv TOC concentration limit 
standards.
    The proposed new source standards for batch and continuous process 
vents follow the same formats as described above. However, the 
applicability triggers are more stringent. All batch vents within a 
process for which the uncontrolled emissions from batch vents exceed 
1,360 kg/yr (3,000 lb/yr) must be reduced by either 98 percent using a 
control device or 95 percent using a recovery device. All continuous 
process vents with a TRE of less than or equal to 5.0 must be 
controlled by 98 percent. The same options for control using hazardous 
waste incinerators, other combustion devices, and the alternative and 
concentration standards are also available for new sources.
    We are proposing storage tank standards that would require existing 
sources to control emissions from storage tanks having capacities 
greater than or equal to 38 cubic meters (m3) (10,000 
gallons (gal)) and storing material with a HAP partial pressure of 
greater than 6.9 kilopascals (kPa) (1.0 pound per square inch absolute 
(psia)). For new sources, the proposed standards would require control 
of storage tanks having capacities greater than or equal to 38 
m3 (10,000 gal) and storing material with a HAP partial 
pressure of greater than 0.7 kPa (0.1 psia). For both existing and new 
sources, the required control would be to use a floating roof or to 
reduce the organic HAP emissions by 95 percent by weight or more.
    The proposed standards for wastewater, transfer operations, 
maintenance wastewater, and heat exchange systems are identical to 
those required under the HON. At existing sources, control would be 
required for wastewater streams with HAP listed on Table 9 of 40 CFR 
part 63, subpart G (Table 9 HAP), if the concentration exceeds 1,000 
parts per million by weight (ppmw) and the flow exceeds 10 liters per 
minute (lpm), or if the concentration of Table 9 HAP exceeds

[[Page 16159]]

10,000 ppmw at any flowrate. The proposed control requirements are to 
convey the wastewater streams through controlled sewers using vapor 
suppression techniques to treatment where the Table 9 HAP are removed 
or destroyed, thereby reducing Table 9 HAP emissions. At new sources, 
the proposed conveyance and control requirements are identical to those 
for existing sources, but the applicability triggers on individual 
streams are more stringent. In addition to controlling streams that 
meet the thresholds for existing sources, control would also be 
required for streams containing HAP listed on Table 8 of 40 CFR part 
63, subpart G (Table 8 HAP), if the concentration exceeds 10 ppmw and 
the wastewater stream flowrate is greater than 0.02 lpm.
    For transfer operations, we are proposing to require the HON level 
of control for transfer racks that load greater than 0.65 million 
liters per year (l/yr) (0.17 million gallons per year (gal/yr)) of 
liquid products that contain organic HAP with a partial pressure of 
10.3 kPa (1.5 psia). Each transfer rack that meets these thresholds 
would be required to be controlled to reduce emissions of total organic 
HAP by 98 percent by weight or more, or to have displaced vapors 
returned to the process or originating container. For sources such as 
maintenance wastewater and heat exchanger systems, we are proposing to 
require a plan for minimizing emissions and a monthly leak detection 
program, respectively, as was done in the HON.
    For equipment leaks, we are proposing to require implementation of 
the leak detection and repair (LDAR) program that is contained in 40 
CFR part 63, subpart UU. This LDAR program is also identical to the 
program in the proposed Consolidated Air Rule (63 FR 57748, October 28, 
1998). This LDAR program achieves the same reductions as the HON LDAR 
program, but contains options for more directed monitoring of 
components that have been identified to leak, thereby reducing the 
monitoring burden relative to that of the HON LDAR program.
    The proposed subpart FFFF also includes a pollution-prevention 
alternative for existing sources that meets the control level of the 
MACT floor and that you may implement in lieu of the emission 
limitations and work practice standards described above. The pollution-
prevention alternative provides a way for facilities to comply with 
MACT by reducing overall consumption of HAP in their processes; 
therefore, it is not applicable for HAP that are generated in the 
process. Specifically, you must demonstrate that the production-indexed 
consumption of HAP has decreased by at least 65 percent from a 3-year 
average baseline set no earlier than the 1994 through 1996 calendar 
years. The production-indexed consumption factor is expressed as the 
mass of HAP consumed divided by the mass of product produced. The 
numerator in the factor is the total consumption of the HAP, which 
describes all the different areas where it can be consumed, either 
through losses to the environment, consumption in the process as a 
reactant, or otherwise destroyed.
    Cleaning is considered part of the miscellaneous organic chemical 
manufacturing process. Therefore, cleaning fluids are considered to be 
process fluids, and you would be subject to the same process vent, 
storage tank, equipment leak, and wastewater provisions when using 
cleaning fluids as when using other process fluids.
2. Miscellaneous Coating Manufacturing Source Category
    The proposed standards for coating manufacturing cover vents from 
process vessels, storage tanks, wastewater, transfer operations, 
equipment leaks, and ancillary heat exchange operations.
    The proposed standards require both stationary and portable process 
vessels with capacities greater than or equal to 0.94 m3 
(250 gal) to be equipped with covers. Additionally, organic HAP 
emissions from stationary vessels at existing sources are required to 
be reduced by at least 75 percent by weight from an uncontrolled 
baseline, in addition to the requirement for covers. Stationary and 
portable vessels at new sources would be required to be equipped with 
covers and to reduce organic HAP emissions by at least 95 percent by 
weight. Alternatively, for both new and existing sources, you may use a 
condenser operated at specified temperature limits.
    The proposed standards for affected storage tanks at both existing 
and new sources would require either organic HAP emissions reductions 
of 90 percent by weight or more, or the use of floating roofs or vapor 
balancing. For existing sources, affected storage tanks are those that 
have capacities greater than or equal to 75 m3 (20,000 gal) 
and store material with a vapor pressure of 13.1 kPa (1.9 psia). For 
new sources, affected storage tanks are those with capacities equal to 
or greater than 75 m3 (20,000 gal) but less than 94 
m3 (25,000 gal) and storing material that has a vapor 
pressure of 10.3 kPa (1.5 psia) or greater, and tanks with capacities 
greater than 94 m3 (25,000 gal) storing material that has a 
vapor pressure of 0.7 kPa (0.1 psia).
    For wastewater at existing sources, the proposed NESHAP would 
require that wastewater containing a total organic Table 9 HAP (40 CFR 
part 63, subpart G) concentration of 4,000 ppmw or greater be conveyed 
in controlled sewers and treated to remove or destroy organic HAP. The 
compliance procedures cross referenced from part 63 allow for offsite 
control of wastewaters provided the offsite source submit to EPA 
written certification that the transferee will manage and treat any 
affected wastewater or residual in accordance with the requirements of 
the proposed NESHAP. For new sources, the applicability triggers for 
control would be more stringent, affecting all streams with Table 9 HAP 
concentrations greater than or equal to 2,000 ppmw.
    We also note that the definition of wastewater for the 
Miscellaneous Coating Manufacturing source category (proposed subpart 
HHHHH) differs from the definition of wastewater for proposed subpart 
FFFF. This definition includes HAP-containing water, raw material, 
intermediate, product, by-product, co-product, or waste material that 
exits equipment in a process. This definition is being proposed to 
capture waste solvent that may be generated in a process and sent to a 
recovery operation. In these cases, the material exiting the process 
equipment would be considered an affected wastewater stream if it met 
the HAP concentration limits and therefore would be required to be 
managed as such. We think that the wastewater standards are appropriate 
for these streams considering that their characteristics reflect wastes 
sent offsite for destruction.
    Proposed standards for transfer operations would require 75 percent 
control of HAP emissions from product loading to tank trucks and 
railcars if the amount of material transferred contains at least 11.4 
million l/yr (3.0 million gal/yr) of HAP, and the material has a HAP 
partial pressure greater than or equal to 10.3 kPa (1.5 psia). 
Acceptable control strategies also include routing displaced vapors 
back to the process, or the use of condensers operated below specified 
temperature limits.
    As with the standards for miscellaneous organic chemical 
manufacturing, we are proposing to require the LDAR program contained 
in 40 CFR part 63, subpart UU for control of equipment leaks. For 
maintenance wastewater and heat exchanger systems, we are proposing to 
require a plan for

[[Page 16160]]

minimizing emissions and a monthly leak detection program, 
respectively, as was done in the HON.
    Cleaning operations are considered part of the miscellaneous 
coating manufacturing operations (like mixing). Therefore, cleaning 
fluids are considered to be process fluids, and the requirements for 
process vessels, storage tanks, equipment leaks, and wastewater systems 
that apply to other process operations also apply to cleaning 
operations.

E. What Are the Testing and Initial Compliance Requirements?

1. Process Vents
    The proposed subpart FFFF would require calculation of uncontrolled 
emissions as a first step in demonstrating compliance with the 98 
percent or 95 percent reduction requirement for batch process vents. If 
you choose to control vents using the alternative standard or using 
specified combustion devices, this initial calculation of uncontrolled 
emissions is not required. For continuous process vents, the proposed 
subpart FFFF would require calculation of the TRE index values using 
the procedures contained in the HON for continuous process vents.
    For stationary process vessels in the Miscellaneous Coating 
Manufacturing source category, you have the option of achieving a 
specified condenser exit gas temperature (based on vapor pressure) in 
lieu of calculating uncontrolled emissions as the first step in 
demonstrating the 75 percent reduction for existing sources or 95 
percent reduction for new and reconstructed sources.
    To verify that the required reductions have been achieved, you must 
either test or use calculation methodologies, depending on the emission 
stream characteristics, control device, and the type of process vent. 
Initial compliance demonstration provisions for batch vents in 
Miscellaneous Organic Chemical Manufacturing sources and stationary 
process vessels at Miscellaneous Coating Manufacturing sources 
reference the Pharmaceuticals Production NESHAP (40 CFR part 63, 
subpart GGG). Therefore, process vents control devices handling greater 
than 9.1 Mg/yr (10 tons/yr) of HAP must be tested, while engineering 
assessments are allowed for control devices with lower loads and for 
condensers. Performance test provisions in both source categories 
consider worst-case emissions for devices controlling process vents.
    For each continuous process vent with a TRE less than or equal to 
2.6, compliance with the percent reduction emission limitation must be 
verified through measurement (testing).
2. Storage Tanks, Transfer Operations, and Wastewater
    For demonstrating compliance with various requirements, the 
proposed NESHAP allow you to either conduct performance tests or 
document compliance using engineering calculations. The initial 
compliance demonstration procedures reference 40 CFR part 63, subpart 
SS, for storage tanks complying using control devices and transfer 
operations, subpart WW for storage tanks complying using floating 
roofs, and subpart G for wastewater sources.
3. Equipment Leaks
    To document compliance with the LDAR provisions, the proposed 
NESHAP require you to demonstrate that an LDAR program meeting the 
requirements of the Generic MACT in subpart UU of 40 CFR part 63 is in 
use.

F. What Are Continuous Compliance Provisions?

    The proposed NESHAP require monitoring to determine whether you are 
in compliance with emission limitations on an ongoing basis. This 
monitoring is done either by continuously measuring HAP emissions 
reductions or by continuously measuring a site-specific operational 
parameter, the value of which you would establish during the initial 
compliance demonstration. The operating parameter is defined as the 
minimum or maximum value established for a control device or process 
parameter that, if achieved on a daily basis by itself or in 
combination with one or more other operating parameter values, 
determines whether you are complying with the applicable emission 
limits. These parameters are required to be monitored at 15-minute 
intervals throughout the operation of the control device.
    Continuous, or 15-minute monitoring, is not required for all 
sources. For emission sources not equipped with control devices or 
falling below applicability trigger levels, such as the 4,540 kg/yr 
(10,000 lb/yr) emission limit for the sum of batch vents within a 
process below which no control is required, you must monitor the number 
of batches to demonstrate that you continuously fall below the yearly 
emission limit. For control devices that do not control more than 1 ton 
per year of HAP emissions, only a daily verification of the operating 
parameter is required, as is provided in the Pharmaceuticals Production 
NESHAP. To demonstrate compliance with work practice standards, such as 
the requirement to maintain floating roofs, inspection of equipment 
serves as the monitoring demonstration and is required only on a 
periodic (yearly) basis.

G. What Are the Notification, Recordkeeping, and Reporting 
Requirements?

    If you are subject to the proposed NESHAP, you would be required to 
fulfill all reporting requirements outlined in the General Provisions 
to part 63 (40 CFR part 63, subpart A). The sections of subpart A that 
apply to the proposed NESHAP are designated in Table 21 of the proposed 
subpart FFFF and Table 19 of the proposed subpart HHHHH. In addition, 
we have included recordkeeping and reporting requirements that are 
specific to these proposed NESHAP. For example, you are required to 
submit a precompliance report if you choose to comply using an 
alternative monitoring approach, use an engineering assessment to 
demonstrate compliance, or comply using a control device handling less 
than 1 ton per year of HAP emissions. Other notifications that are 
required by other MACT standards, such as the Initial Notification and 
the Notification of Compliance Status (NOCS), are also required by 
these proposed NESHAP and are identified in Sec. 63.2540 of the 
proposed subpart FFFF and Sec. 63.8070 of the proposed subpart HHHHH.
    The Initial Notification is required within 120 days of the 
effective date of the NESHAP. The report, which is very brief, serves 
to alert appropriate agencies (State agencies and EPA Regional Offices) 
of the existence of your affected source and puts them on notice for 
future compliance actions. The NOCS, which is due on the compliance 
date of the NESHAP, is a comprehensive report that describes the 
affected source and the strategy being used to comply. The NOCS is also 
an important aspect of the title V permitting strategy for sources 
subject to subpart FFFF, which is discussed in section II.H of this 
preamble.

H. How Will the Proposed Subpart FFFF Be Incorporated Into Title V 
Permits?

    Title V requires operating permits to assure compliance with all 
applicable requirements at a source, including the proposed subpart 
FFFF where it applies. Most existing sources that will become subject 
to the proposed subpart FFFF upon promulgation will already be

[[Page 16161]]

operating under title V operating permits (e.g., because they are major 
sources of HAP or because they are subject to some other section 112 
standard).
    Under section 502(b)(9) of the CAA, if a Federal standard like the 
proposed subpart FFFF is promulgated when 3 or more years remain on a 
major source's title V permit term, the permit will need to be reopened 
in order to assure compliance with the proposed subpart FFFF. Such a 
reopening must be completed not later than 18 months after promulgation 
of the proposed subpart FFFF (40 CFR 70.7(f)(1)(i)).
    If fewer than 3 years remain on a title V permit term, a permitting 
authority's program may reflect the option not to require revisions to 
the permit to incorporate the NESHAP. Subpart FFFF would be added to 
the source's title V permit at the next permit renewal, but of course 
in the meantime, the source must fully comply with the proposed subpart 
FFFF outside the title V permit. The CAA permits State programs to 
require revisions to the permit to incorporate the NESHAP when fewer 
than 3 years remain on a major source's permit term, however, so any 
sources with fewer than 3 years remaining on their permits upon the 
promulgation of the proposed subpart FFFF, should consult their State 
permitting program regulations to determine whether revision to their 
permits is necessary to incorporate the NESHAP.
    The Miscellaneous Organic Chemical Manufacturing source category is 
similar to the Pharmaceuticals Production source category in that both 
use nondedicated, multipurpose equipment that may be configured in 
numerous ways to accommodate different batch processes. In addition, 
both the proposed subpart FFFF and the Pharmaceuticals Production 
NESHAP (40 CFR part 63, subpart GGG) have process-based emission 
limitations for batch processes. Therefore, when a permitting authority 
incorporates the proposed subpart FFFF into a title V permit, the 
miscellaneous organic chemical manufacturing sources, like 
pharmaceuticals production sources, may wish to consider requesting 
that the permit set forth terms and conditions for reasonably 
anticipated operating scenarios. The part 70 regulations provide for 
this opportunity to allow sources to account for operating scenarios 
that the source owner or operator reasonably anticipates over the 
course of the permit term, without need for permit revisions (40 CFR 
70.6(a)(9)). The permit would require the source, contemporaneously 
with making a change from one operating scenario to another, to record 
in an operating log at the facility a record of the current scenario 
under which the source is operating. By minimizing the need to reopen 
the permit, the part 70 alternative operating scenarios may be a 
particularly useful permit strategy.

III. Rationale for Selecting Proposed Emission Limitations and Work 
Practice Standards

A. How Did We Select the Source Categories?

    As noted in section I.C of this preamble, we are creating two new 
source categories from the combination of existing source categories. 
These two source categories are Miscellaneous Organic Chemicals 
Manufacturing and Miscellaneous Coating Manufacturing.
    The Miscellaneous Organic Chemicals Manufacturing source category 
will cover emission sources from 22 previously listed source 
categories, as well as some emission sources that are not specifically 
covered by other MACT standards. For example, the HON does not regulate 
emissions from batch process vents. Therefore, the Miscellaneous 
Organic Chemicals Manufacturing source category will cover these 
emission sources. In specifying SIC codes, we also include SIC code 283 
to include the production of any materials not already covered by the 
Pharmaceuticals Production NESHAP.
    In the proposed subpart FFFF, we specifically exempt by-product 
ammonium sulfate manufacturing facilities at caprolactum plants and 
their respective operations provided that the ammonium sulfate slurry 
entering the ammonium sulfate manufacturing operation is documented to 
contain 50 ppmw or less HAP and 10 ppmw or less benzene. We are 
providing this exemption because these streams are considered treated 
wastewater, and the ammonium sulfate production is an inorganic 
chemical manufacturing process.
    We also reviewed information submitted by the explosives 
manufacturing industry that requested us to develop a separate 
subcategory for explosives manufacturers. The industry group indicated 
that the proposed control requirements for batch process vents could 
place severe and unsafe restrictions on explosives and propellant 
manufacturing sources because existing control technologies, especially 
those technologies that can achieve 98 percent control, are unsafe. 
Because the possibility exists that vents from these processes may 
contain residual explosive materials, the industry contends that 
thermal destruction technology cannot safely treat these emission 
streams. The industry has indicated that process condensers are used to 
recover HAP solvents in production processes and therefore condensation 
may be a viable control technology for many sources. We recognize that 
incineration is not a viable control option. Therefore, we have decided 
to solicit comments on whether process vents generated in the 
production of explosives, commonly referred to as ``energetics,'' 
should be treated as a separate class of emission streams subject to a 
lesser degree of control corresponding to that achievable using 
condensers (or other controls). We are also soliciting comments on 
whether the condenser outlet gas temperature defaults that are being 
proposed for coatings manufacturing would be appropriate for this 
industry, and we are soliciting comments on what the definition of 
``energetics'' should be. Note that this discussion does not extend to 
other emission sources in the explosives industry, such as storage 
tanks, wastewater, transfer operations, and equipment leaks. These 
emission points will be regulated in the same manner as for other 
processes in the Miscellaneous Organic Chemicals Manufacturing source 
category.
    The Miscellaneous Coating Manufacturing source category is much 
narrower in applicability than the Miscellaneous Organic Chemicals 
Manufacturing source category. Process emission sources are vessels 
used to mix and transfer materials used to make coatings. Coatings 
include paints, inks, adhesives, and sealants and are generally 
described under SIC codes 285 and 289, although the NESHAP also apply 
to the manufacture of any coatings that do not fall under these SIC 
codes. However, other operations within the SIC Code 285 (SIC 2851 
(NAICS 32551)--paints, varnishes, lacquers, enamels, and allied 
products) and SIC Code 289 (SIC 2891 (NAICS 32552)--adhesives and 
sealants) that involve chemical reactions are covered by the 
Miscellaneous Organic Chemical Manufacturing source category; for 
example, the manufacture of a latex resin in a chemical reaction prior 
to its use as a raw material to manufacture a paint would be covered by 
the Miscellaneous Organic Chemical Manufacturing standards.

B. How Did We Select the Affected Source?

    Most industrial plants consist of numerous pieces or groups of 
equipment that emit HAP and that may be viewed as emission ``sources.''

[[Page 16162]]

Therefore, we use the term ``affected source'' to designate equipment 
within a particular kind of plant chosen as the ``source'' covered by 
the proposed NESHAP. For today's proposed Miscellaneous Organic 
Chemical Manufacturing NESHAP, we are defining the affected source as 
the collection of MCPU and associated equipment, such as heat exchange 
systems, wastewater conveyance and treatment systems, and transfer 
operations within a plant site that is a major source. The MCPU 
definition within the affected source definition also includes specific 
emission sources that are exempt from other MACT standards, such as 
batch vents from the HON chemical manufacturing process units.
    We are proposing to define the affected source for the 
Miscellaneous Coating Manufacturing source category as the 
miscellaneous coating manufacturing operations, or the collection of 
equipment necessary to formulate coatings, including inks, paints, 
sealants, and adhesives at a plant site that is a major source. The 
affected source includes equipment such as heat exchange systems, 
wastewater conveyance and treatment systems, and transfer operations.
    Within each affected source, we identified the following five types 
of HAP emission points: process vents, storage tanks, transfer 
operations, equipment leaks, and wastewater.

C. How Did We Determine the Basis and Level of the Proposed Standards 
for Existing and New Sources?

    According to the CAA, the MACT floor for existing sources is 
defined as ``the average emission limitation achieved by the best 
performing 12 percent of sources (for which the Administrator has 
emissions information).'' We interpreted the term ``average'' in 59 FR 
29196 as a measure of the ``central tendency of a data set.'' The 
central tendency may be represented by the arithmetic mean, median, or 
some other measure that is reasonable. The MACT floors for the proposed 
NESHAP are based on the central tendency for each emission source type, 
using available data. In some cases, we use the arithmetic mean to 
identify the floor control level and in other cases, we use the median. 
Generally, we prefer to use the arithmetic mean if sufficient data 
points exist and if the resulting performance level corresponds to an 
available control technology. However, if data are insufficient to 
determine an arithmetic mean or if the result does not yield a 
performance level that corresponds to an available control technology, 
we use the median.
1. How Did We Determine the MACT Floors for the Miscellaneous Organic 
Chemicals Manufacturing Source Category?
    The MACT floors for the Miscellaneous Organic Chemicals 
Manufacturing source category were developed using data that were 
collected from facilities during 1997 and from existing available data 
located in EPA and State databases. Clean Air Act section 114 
information collection requests (ICR) were sent to 194 facilities in 
the spring of 1997. The facilities which received the ICR were 
identified from EPA's 1993 toxic release inventory (TRI) database which 
included information on facilities in SIC codes 282, 284, 286, 287, 
289, or 386. Information on continuous processes came from emissions 
and permit databases from the following States: Texas, Louisiana, North 
Carolina, Illinois, Missouri, California, and New Jersey. Components of 
the MACT floor were calculated separately for process vents, storage 
tanks, wastewater, transfer operations, and equipment leaks consistent 
with the ``plank'' methodology developed in the HON (57 FR 62627, 
December 31, 1992) and are discussed below.
    a. Process Vents. For process vents, we reviewed information on 
both batch process vents and continuous process vents. To be consistent 
with formats in previous MACT standards, we grouped data for batch 
vents according to all vents within a process. The floor for batch 
vents was determined for the process, similar to the Pharmaceuticals 
Production NESHAP. For continuous process vents, we evaluated data on a 
single vent-by-vent basis, as was done in the HON. We chose the 
Pharmaceuticals Production NESHAP as the model for the format of the 
batch vent standard in the proposed subpart FFFF because it works well 
for multipurpose equipment, fits well into the definition of operating 
scenario, and works best for pollution prevention. For continuous 
vents, we modeled the standard formats on the HON because the 
continuous vents in this source category are not expected to differ 
significantly in characteristics from those covered by the HON, and 
other regulations such as the new source performance standards (NSPS) 
in 40 CFR part 60, subparts NNN, III, RRR, and DDD, which all require 
control based on characterization using a TRE index on individual 
process vents.
    To evaluate the MACT floor for batch process vents, we started with 
the database generated from responses to the 1997 ICR. We summed batch 
vents to calculate the mass of emissions, on an uncontrolled basis, for 
each process as reported in the ICR responses. We then sorted the 
processes based on control efficiency and uncontrolled HAP emissions, 
ranking all processes controlled in order of increasing uncontrolled 
emissions. The practical limit for control efficiency that would be 
achievable by devices in this industry is 98 percent. Since greater 
than 12 percent of processes were controlled to 98 percent, processes 
with the lowest uncontrolled emissions are best performing. The 
resulting database contained 731 processes at 144 facilities. The 
number of processes making up the best 12 percent was 88. We determined 
that the median performance level represented the central tendency of 
the top processes since HAP emission values for the top performing 
facilities represented a skewed distribution over a large range. The 
median process had 4,480 kg/yr (9,860 lb/yr) of uncontrolled HAP 
emissions. Based on this process, the MACT floor was set at 98 percent 
for processes with uncontrolled emissions of 4,540 kg/yr (10,000 lb/
yr).
    For the new source MACT floor for batch process vents, we 
identified the batch process representing the best controlled similar 
source to have uncontrolled HAP emissions of approximately 1,360 kg/yr 
(3,000 lb/yr). It is controlled with a thermal incinerator. Therefore, 
we selected the new source MACT floor to be 98 percent control for all 
processes with uncontrolled HAP emissions greater than or equal to 
1,360 kg/yr (3,000 lb/yr).
    The MACT floor for continuous process vents was determined in a 
manner similar to what was done in the development of the HON. We used 
TRE values for individual process vents as a measure of the level of 
control. The TRE calculation uses inputs such as stream flow rate and 
HAP concentration to produce an index value. Streams have high TRE 
values primarily because of low HAP concentration. As a starting point, 
we used existing data that had been collected from State agency permit 
files. This database includes 240 vent streams from 61 processes for 
which TRE values could be calculated. We calculated TRE values using 
information on the stream characteristics including flowrate, volatile 
organic compounds (VOC) content, and HAP content. We then identified 
all streams that were controlled to 98 percent or better. From the TRE 
values and the control efficiencies, we identified a threshold TRE 
value for each facility below which

[[Page 16163]]

all streams were controlled. Facilities with the highest TRE threshold 
values are considered the best performing facilities. There are 44 
facilities in the floor analysis, but only 17 with thresholds (the 
remainder of the facilities did not control their stream with the 
lowest TRE). Since TRE values for the top performing facilities 
represent an even distribution over a limited value range, it was 
determined that the average TRE value best represented the central 
tendency. The average TRE threshold for the top 12 percent of the 
facilities is 2.6. Therefore, the MACT floor at existing sources is 98 
percent control for all continuous process vents with a TRE less than 
or equal to 2.6. The TRE threshold for each facility was also used to 
determine the best performing facility. That facility is controlling 
all continuous process vents with a TRE of 5.0 or less at a level of 98 
percent. Therefore, this is the MACT floor for new sources.
    b. Storage Tanks. In developing the MACT floor for storage tanks, 
we again used the CAA section 114 information database. Approximately 
16 percent of storage tanks are reported to be equipped with a floating 
roof or a control device achieving a HAP reduction efficiency of 95 
percent or more. As recognized in several NESHAP and NSPS, floating 
roofs are equivalent to 95 percent control. To determine the 
appropriate vapor pressure threshold for the MACT floor level of 
performance, we identified a partial pressure threshold at each 
facility above which all tanks with a capacity greater than or equal to 
38 m\3\ (10,000 gal) at the facility were controlled to the MACT floor 
level. The top 12 percent of the 128 facilities in the tanks database 
correspond to the top 14 facilities. The average threshold value for 
the top 12 percent of facilities is a HAP partial pressure of 1 psia 
(rounded up from 0.88 psia). The average, rather than the median, was 
chosen because the average value best represented the different HAP 
stored, and thus represented the central tendency of the data set.
    The new source MACT floor for storage tanks was determined to be 
floating roof technology or 95 percent control since this level of 
control represents the best level of control in the source category. As 
with the existing source MACT floor, applicability cutoffs for the new 
source MACT floor are established based on the smallest tanks storing 
material with the lowest partial pressures since the emission potential 
of tanks generally decreases with capacity and vapor pressure of stored 
material. Therefore, the facility controlling the smallest tanks with 
the lowest vapor pressure materials in the source category represents 
the best controlled source. The MACT floor for new sources consists of 
floating roof technology or 95 percent control of all tanks with a 
capacity greater than or equal to 38 m\3\ that store material with a 
HAP partial pressure of 0.1 psia, based on the facility that applied 
controls to all tanks storing materials with a vapor pressure at or 
above 0.087 psia (rounded to 0.1 psia).
    c. Wastewater. For wastewater streams, we also set the MACT floor 
using data collected from the industry. After excluding all but Table 9 
HAP, the database contains 363 streams at 60 facilities that have Table 
9 HAP concentrations of at least 1,000 ppmw. A total of 184 of these 
streams at 44 facilities meet the HON cutoffs (i.e., streams of any 
flowrate that contain at least 10,000 ppmw of Table 9 HAP compounds, 
and streams with a flowrate of at least 10 lpm that contain at least 
1,000 ppmw of Table 9 HAP compounds). Because more than 12 percent of 
the streams that meet the cutoff are controlled to the level of the 
HON, we therefore concluded that the MACT floor consists of the HON 
level of control and the HON cutoffs.
    In establishing the new source MACT floor for wastewater, we 
concluded that the HON new source MACT floor also applies to the 
Miscellaneous Organic Chemical Manufacturing source category. It is not 
possible to identify at least one stream in the database that meets HON 
new source applicability levels of 0.02 lpm and 10 ppmw Table 8 HAP 
because we did not ask for data on wastewater streams with less than 
1,000 ppmw Table 9 HAP. However, based on our knowledge of the 
miscellaneous organic chemical manufacturing industry, we have 
concluded that the wastewater conveyance and treatment systems used to 
convey and control HON-affected wastewaters also convey and control 
affected wastewaters in this source category; therefore, a floor exists 
based on the colocation of HON and miscellaneous organic chemical 
manufacturing affected sources. The new source floor should be no less 
stringent than the MACT level of control for new HON sources. This is 
also the most stringent requirement contained in any other NESHAP, 
including the Benzene Waste Operations NESHAP (40 CFR part 61, subpart 
FF), and we would expect that a similar colocation argument could be 
made regarding overlap of these requirements for wastewater conveyance 
and control with affected miscellaneous organic chemical manufacturing 
sources. The colocation rationale for both wastewater new source MACT 
floor and the MACT floors for existing and new source transfer 
operations is further discussed in the next section.
    d. Transfer Operations. Standards for loading operations regulate 
the transfer of materials containing HAP. Although the products of 
miscellaneous organic chemical manufacturing sources are not expected 
to contain HAP, generally, it is possible that products will be 
transferred in solutions of HAP. Therefore, there is a need to 
establish requirements for loading operations for the source category. 
In our data gathering effort, we did not collect information on 
transfer operations. Therefore, we established the floors and 
regulatory alternatives based on existing available data.
    We decided to base the transfer requirements for the proposed 
NESHAP on the transfer requirements contained in the HON. The rationale 
for this decision is based on the fact that the Miscellaneous Organic 
Chemicals Manufacturing source category is closely related to the HON 
source category in equipment, emission sources, and operations; and we 
believe a floor exists from colocation of miscellaneous organic 
chemical manufacturing sources at HON facilities. Many facilities with 
HON applicability also contain processes which will be regulated by the 
Miscellaneous Organic Chemical Manufacturing NESHAP. Additionally, 
there are circumstances where applicability to these proposed standards 
will overlap with the HON; for example, the Miscellaneous Organic 
Chemical Manufacturing NESHAP will cover vents from batch unit 
operations that are part of HON chemical manufacturing process units 
(CMPU), therefore products from HON and miscellaneous organic chemical 
manufacturing sources may be loaded at the same rack.
    Based on a review of facilities in Texas and Louisiana, we found 
that approximately 60 percent of facilities containing processes 
subject to the Miscellaneous Organic Chemical Manufacturing NESHAP also 
contain processes subject to the HON. Assuming that these States are 
representative and that the colocation assumption is valid, then the 
MACT floor for transfer operations is based on the requirements of the 
HON, which is 98 percent control for loading racks with a throughput 
greater than or equal to 0.65 million liters per year (0.17 million 
gallons per year) at a rack-weighted HAP partial pressure greater than 
or equal to 10.3 kPa (1.5 psia). In selecting this floor, we also 
stress that the selection of the same

[[Page 16164]]

requirements will streamline the compliance process for those colocated 
MON processes since only one set of requirements will apply for 
transfer operations.
    e. Equipment Leaks. The MACT floor level of performance for 
equipment leaks is an LDAR program for equipment components. We 
estimate that the HON LDAR program will reduce HAP emissions by 63 to 
75 percent for continuous chemical processes and 70 to 73 percent for 
batch chemical processes. We determined that several LDAR programs 
implemented by Texas and Louisiana are roughly equivalent to the HON 
LDAR program when applied to continuous chemical processes.
    Approximately 33 percent of facilities with continuous and batch 
chemical processes were reported to implement some type of structured 
LDAR program for equipment components. The top performing 12 percent of 
facilities were determined by rank ordering all facilities by the LDAR 
program and overall effectiveness in descending order. The top 12 
percent of the 229 facilities in the database correspond to 28 
facilities. We found that 30 facilities implement an LDAR program that 
reduces emissions equivalent to the HON program. Therefore, we set the 
floor at the HON LDAR program.
    Because we wanted to maintain consistency with other Federal rules, 
we are referencing the requirements of 40 CFR part 63, subpart UU. 
Implementing subpart UU achieves the same level of control as 
implementing the HON subpart H program. However, the subpart UU program 
significantly reduces the burden associated with monitoring valves and 
connectors without increasing emissions.
2. How Did We Determine the MACT Floors for the Miscellaneous Coating 
Manufacturing Source Category?
    a. Process Vessels. In developing the MACT floor for this source 
category, we made a distinction between portable and stationary process 
tanks. This distinction was made because of the feasibility of 
controlling each type of vessel and observed industry practices with 
respect to each type of vessel. Stationary tanks tend to be larger in 
capacity and are more easily adaptable to add-on control devices. In 
contrast, portable tanks do not lend themselves to add-on control as 
easily.
    The MACT floor level of performance for portable process vessels is 
the emission reduction achieved by the use of a fixed or removable 
cover. Based on industry survey results, approximately 92 percent of 
portable vessels (2,783 vessels) are equipped with covers, but only 3 
percent of portable vessels are reportedly equipped with any type of 
control device. Therefore, the MACT floor was determined to be covers 
only. For stationary vessels, we determined the MACT floor to be the 
emission reduction achieved by the use of a fixed or removable cover 
that vents to a control device. As with portable tanks, most 
(approximately 98 percent) of the stationary process vessels are 
equipped with a cover. Another 8 percent of these vessels were also 
reported to be controlled with an add-on device. The top 12 percent of 
4,628 stationary vessels correspond to 555 tanks. Of these, 368 vessels 
were reported to be equipped with both a cover and an add-on control 
device. The average control efficiency of these control devices is 60 
percent (rounded up from 57 percent). During the data analysis, we 
determined that the average performance level did represent the central 
tendency of the top facilities, as control device efficiencies 
represented a fairly even distribution. Therefore, we set the MACT 
floor for stationary vessels to be 60 percent control, as achieved by a 
cover and closed vent to a control device achieving 60 percent control.
    b. Storage Tanks. According to the ICR survey data, only 18 of the 
453 storage tanks in the database were equipped with control devices. 
Therefore, because we did not identify any means by which sources are 
currently reducing emissions that is sufficiently widespread to 
constitute a MACT floor, we are not establishing a MACT floor for 
storage tanks at existing sources in the Miscellaneous Coating 
Manufacturing source category.
    For new sources, the MACT floor consists of 90 percent control for 
storage tanks with a capacity 94 m\3\ (25,000 
gal) that store a material with a HAP partial pressure 0.7 
kPa (0.1 psia) and 90 percent control for tanks with a 
capacity 75 m\3\ (20,000 gal) and 94 m\3\ (25,000 gal) that store 
material with a HAP partial pressure 10.3 kPa 
(1.5 psia). Applicability cutoffs are established based on 
the smallest tanks storing material with the lowest partial pressures. 
This floor is based on the practices of one facility that has a 94 m\3\ 
(25,000 gal) tank storing 100 percent xylene, which has a partial 
pressure of 0.76 kPa (0.11 psia), and a 20,000 gal tank storing 100 
percent methyl ethyl ketone, which has a partial pressure of 10.3 kPa 
(1.5 psia) (assuming a temperature of 20 deg.C for both tanks). These 
tanks are the best performing tanks because they are all controlled to 
the best level of control in the source category (i.e., 90 percent).
    c. Wastewater. In selecting MACT for wastewater, we did not follow 
the same convention as previous analyses for other NESHAP that assumed 
that the total quantity of generated wastewater, in addition to HAP 
concentration, would determine treatment options. The use of both 
flowrate and concentration to identify streams for control is based on 
the assumption that the cost and effectiveness of controls depend on 
both the concentration of HAP in the wastewater and the quantity of 
wastewater generated. This is a reasonable assumption for facilities 
that treat wastes on site, such as facilities that steam strip 
wastewater onsite. However, for small quantity generators such as the 
coating manufacturing facilities, the need for treatment is driven by 
the characteristics of the wastewater, not the flow rate. If they 
cannot discharge to a publicly owned treatment works because of their 
wastewater characteristics, they typically drum their wastewater and 
send it offsite for treatment. As a result, the unit cost of treatment 
(i.e., dollars per megagram of HAP reduced) is directly related to the 
characteristics of the wastewater (e.g., the HAP concentration), not 
the flow rate.
    Because the total quantity of wastewater generated is not 
significant in determining the unit cost of treatment, we propose to 
set the MACT floor for this industry segment based only on HAP 
concentration and not flowrate. Based on the data from the industry, 
the MACT floor for existing sources would be set based on a 
concentration of 4,000 ppmw, representing the median concentration of 
controlled streams from the industry, while the MACT floor for new 
sources would be set based on a concentration of 2,000 ppmw, which 
corresponds to the lowest HAP concentration that is controlled. These 
requirements are based on the practices of nine facilities that 
reported information regarding wastewater on ten streams. Five of the 
ten wastewater streams were reported as being controlled, and all were 
controlled by being drummed and incinerated because they were also RCRA 
wastes. Thus, the control level was considered to be equivalent to that 
required by the HON.
    d. Transfer Operations. In the data gathering effort for this 
project, no data were requested regarding transfer operations. 
Therefore, we relied on other available information to set the MACT 
floors. In the absence of data specific for individual coating 
manufacturers, we reviewed several State rules to determine the minimum 
level of control that would apply to

[[Page 16165]]

transfer operations at facilities in those States. At a minimum, those 
rules require 90 percent control of operations where greater than 75 
m\3\/day (20,000 gal/day), which equates to 27.6 million 1/yr (7.3 
million gal/yr), of VOC having vapor pressures of 10.3 kPa (1.5 psia) 
or more are transferred. These requirements are typically applied to 
bulk loading into transport vessels such as tank trucks and railcars. 
For other containers, such as totes and drums, those rules typically do 
not apply.
    Transfer operations at coating manufacturing facilities result from 
the loading of transport vessels as well as other containers. However, 
because we are not aware of any existing rules that apply to the 
loading of these containers, we are not establishing a MACT floor for 
existing transfer operations at coating manufacturing facilities.
    For new sources we conducted a telephone survey of facilities 
identified in the database to have high HAP throughputs based on the 
ICR responses for storage tanks. We were unable to identify any 
facilities that control emissions from bulk loading operations. Because 
we did not identify any means by which facilities currently are 
controlling emissions from such operations, we are not establishing a 
MACT floor for new sources in the Miscellaneous Coating Manufacturing 
source category.
    e. Equipment Leaks. We determined that the MACT floor for equipment 
components is a monthly sensory LDAR program equivalent to the Bulk 
Gasoline Terminal NESHAP. We based this determination on survey data 
from the industry that showed that the top performing 12 percent, which 
consisted of the best 15 of 127 facilities in the database, reported 
monthly sensory LDAR programs that were considered equivalent to the 
Bulk Gasoline Terminal NESHAP. Fourteen of the 15 facilities used 
monthly sensory LDAR programs, while only one facility used a Method 21 
monitoring-based LDAR program. We did not consider the one facility 
representative of the industry. Therefore, we also determined the new 
source MACT floor to be a monthly sensory program.
3. How Did We Consider Beyond-the-Floor Technology for the Source 
Categories?
    The CAA states that MACT must be the maximum degree of reduction in 
emissions that is achievable for sources in the source category and 
shall be no less stringent than the MACT floor. Therefore, we also 
evaluate options more stringent than the MACT floor in determining what 
is achievable. These options are discussed below.
    a. Miscellaneous Organic Chemicals Manufacturing Source Category. 
For existing sources, we identified options beyond the MACT floor for 
process vents, storage tanks, and wastewater emission points. We did 
not develop more stringent options than the floor for equipment leaks 
or transfer operations. For equipment leaks, the HON LDAR program is 
the most stringent program available, and, therefore, there were no 
above-the-floor options to consider. For transfer operations, we did 
not consider a beyond-the-floor option because we did not have 
industry-specific data indicating the existence of any above-the-floor 
option and because of the high level of control (98 percent) required 
to meet the MACT floor. We do not believe there are any beyond-the-
floor options for which the cost would be reasonable. For process 
vents, storage tanks, and wastewater, the required performance levels 
(e.g., 98 percent control for process vents) are the same as for the 
MACT floor. However, the applicability criteria for the beyond-the-
floor options are more stringent, requiring the installation of 
controls on a larger group of affected sources.
    For batch process vents, the beyond-the-floor regulatory 
alternative is the control of all batch vents within a process with 
uncontrolled emissions of 2,270 kg/yr (5,000 lb/yr) (the MACT floor 
requires control of all batch vents within each process with 
uncontrolled emissions of 4,540 kg/yr (10,000 lb/yr)). The 2,270 kg/yr 
value was selected for the alternative because it represents the 
midpoint between the MACT floor value and no cutoff. A cutoff is 
necessary because the required performance level is high (98 percent) 
and some allowance for less cost effective or difficult to control 
vents should be available.
    For continuous process vents, our regulatory alternative 
applicability level is a TRE of 5.0 (the MACT floor TRE is 2.6). This 
level also coincides with the new source MACT floor and is an 
indication that the level is technically feasible to achieve since at 
least one facility in the industry is currently controlling a stream(s) 
with this TRE.
    For storage tanks, the beyond-the-floor regulatory alternative 
vapor pressure applicability is greater than or equal to 3.4 kPa (0.5 
psia), as opposed to the MACT floor vapor pressure applicability of 
greater than or equal to 6.9 kPa (1.0 psia). The capacity applicability 
remains at 38 m\3\ (10,000 gal), the size of a small storage tank. An 
applicability cutoff in terms of vapor pressure is reasonable so that 
nonvolatile materials are not required to be controlled. Therefore, we 
selected a vapor pressure cutoff halfway between the MACT floor 
applicability cutoff and zero.
    For wastewater, we developed a beyond-the-floor option that changed 
one of the two sets of applicability criteria relative to the MACT 
floor. This option has flowrate and concentration applicability cutoffs 
of 1 lpm and 500 ppmw (the MACT floor is 10 lpm and 1,000 ppmw). We 
developed an option based on these applicability criteria to be 
consistent with the applicability cutoffs provided in the Wastewater 
NSPS (40 CFR part 63, subpart YYY). The beyond-the-floor option also 
includes the same applicability cutoffs of 10,000 ppmw at any flow rate 
as for the MACT floor.
    For new sources, we did not develop beyond-the-floor options for 
process vents, transfer operations, and storage tanks because the new 
source floors are already more stringent than either the floor or a 
beyond-the-floor option for existing sources for which costs were 
reasonable. For equipment leaks, we did not develop a beyond-the-floor 
regulatory alternative because the subpart H program is already the 
most stringent program. For wastewater, we developed a beyond-the-floor 
option that combines the same performance level as the floor with the 
most stringent applicability cutoffs of both the new source floor and 
the beyond-the-floor option for existing sources. Thus, the 
applicability cutoffs for this option consist of 10,000 ppmw of Table 9 
HAP at any flow rate, 500 ppmw of Table 9 HAP at flow rates greater 
than 1 lpm, and 10 ppmw of Table 8 HAP at flow rates greater than 0.02 
lpm.
    b. Miscellaneous Coating Manufacturing Source Category. We 
developed beyond-the-floor options, or regulatory alternatives, for all 
five types of emission points at existing sources and for equipment 
leaks and transfer operations at new sources. These options are 
described below. We did not develop beyond-the-floor options for 
process vessels, storage tanks, and wastewater emission points at new 
sources because the new source floors are already more stringent than 
either the floor or a beyond-the-floor option for existing sources for 
which costs were reasonable.
    For stationary process vessels, we evaluated regulatory 
alternatives beyond-the-floor based on a higher level of control, 75 
percent reduction, rather than the 60 percent reduction established in 
the MACT floor. For portable process vessels, we evaluated the same 
alternative as for stationary vessels. We evaluated the 75 percent

[[Page 16166]]

control level based on our knowledge of the predominant HAP in the 
industry and the emission stream characteristics from process vessels. 
We believe that the 75 percent reduction is achievable with the use of 
condensers, and this alternative represents a cost effective and 
environmentally sound strategy that results in lower secondary impacts 
than other strategies such as incineration.
    For storage tanks, we evaluated two regulatory alternatives, both 
with a performance level of 90 percent (or the use of an internal 
floating roof or external floating roof), which is consistent with the 
highest performance level at an existing source. We selected a partial 
pressure cutoff of 1.9 psia and a tank capacity of 75 m\3\ (20,000 gal) 
for one option because these are common cutoffs used in many other 
NESHAP. We also developed a second regulatory alternative with a lower 
capacity cutoff of 38 m\3\ (10,000 gal) and the same partial pressure 
cutoff of 13.1 kPa (1.9 psia).
    For wastewater existing sources, the beyond-the-floor option 
includes the same suppression and treatment requirements as the MACT 
floor, but the applicability cutoff was reduced from 4,000 ppmw to 
2,000 ppmw. This lower concentration corresponds with the lowest 
concentration in a controlled wastewater stream at an existing facility 
in the source category, and it is one of the lowest concentrations in 
any wastewater stream in the source category.
    For transfer operations, we developed a beyond-the-floor option for 
both existing and new sources that requires at least 75 percent control 
of HAP emissions from bulk loading of products with a HAP vapor 
pressure greater than or equal to 10.3 kPa (1.5 psia) and a throughput 
greater than or equal to 11.4 million 1/yr (3.0 million gal/yr). 
Emissions from bulk loading exhibit the same characteristics as 
emissions from the transfer of materials in process vessels (i.e., they 
result from displacement of gases during filling and are assumed to be 
saturated emission streams that can be effectively controlled using 
condensers). The 75 percent control requirement is achievable using 
condensers on these streams. Therefore, we developed this regulatory 
alternative to be consistent with the regulatory alternative for 
stationary process vessels so that the facility could use the same 
control for both types of emission points.
    For equipment leaks, the beyond-the-floor option for both new and 
existing sources is the HON LDAR program. This program is the most 
stringent program in practice.
4. How Did We Select the Standards?
    We selected the proposed standards for both source categories based 
on our evaluation of the floors and regulatory alternatives discussed 
above. When evaluating the more stringent options, we consider the 
costs, nonair quality health and environmental impacts, and energy 
requirements that accompany the expected emissions reductions. This 
rationale is discussed below.
    a. Miscellaneous Organic Chemicals Manufacturing Source Category. 
The proposed standards for equipment leaks and transfer operations at 
both new and existing sources, and the standards for process vents and 
storage tanks at new sources, are based on the MACT floor because no 
beyond-the-floor option was developed. When a beyond-the-floor option 
was developed (i.e., for process vents and storage tanks at existing 
sources and wastewater at both new and existing sources), we evaluated 
the incremental impacts of going beyond the MACT floor.
    For continuous process vents at existing sources, we concluded that 
the total impacts of the above-the-floor option would be unreasonable 
in light of the HAP emission reductions achieved. Specifically, the 
incremental HAP reduction achieved by the above-the-floor option is 50 
Mg/yr, and the incremental cost is $61,000/Mg of HAP controlled. The 
incremental electricity consumption to operate exhaust gas fans is 3.5 
million kwh/yr (an average increase of 58,000 kwh/yr for an estimated 
60 facilities with additional vents subject to control under the above-
the-floor option). The incremental steam consumption for steam-assist 
flares is 45 million lb/yr (about 750,000 lb/yr/facility). The 
incremental fuel energy for natural gas (to operate incinerators and 
flares and to generate steam) and coal to generate the electricity is 
about 500 billion Btu/yr (about 8.3 billion Btu/yr/facility). Total 
carbon monoxide (CO), nitrogen oxides (NOX), and sulfur 
dioxide (SO2) emissions from the combustion of these fuels 
would increase by about 66 Mg/yr. There would be no wastewater or solid 
waste impacts. We concluded that the total impacts of the above-the-
floor option would be unreasonable compared to the HAP emissions 
reductions achieved. Therefore, the proposed standard for continuous 
process vents at existing sources is based on the MACT floor.
    For batch process vents at existing sources, we also concluded that 
the total impacts of the above-the-floor option would be unreasonable 
in light of the HAP emissions reductions achieved. The incremental HAP 
reduction achieved by the above-the-floor option is 145 Mg/yr, and the 
incremental cost is $15,000/Mg of HAP controlled. The incremental 
electricity consumption to operate exhaust gas fans is 5.1 million kwh/
yr (an average increase of 135,000 kwh/yr for an estimated 38 
facilities with additional vents subject to control under the above-
the-floor option). The incremental steam consumption for steam-assist 
flares is 6.0 million lb/yr (about 160,000 lb/yr/facility). The 
incremental fuel energy for natural gas (to operate incinerators and 
flares and to generate steam) and coal to generate the electricity is 
about 340 billion Btu/yr (about 9.0 billion Btu/yr/facility). Total CO, 
NOX, and SO2 emissions from the combustion of 
these fuels would increase by about 66 Mg/yr. There would be no 
wastewater or solid waste impacts. We concluded that the total impacts 
of the above-the-floor option would be unreasonable compared to the HAP 
emissions reductions achieved. Therefore, the proposed standard for 
batch process vents at existing sources is based on the MACT floor.
    We reached a similar conclusion for storage tanks at existing 
sources. For such storage tanks, the incremental HAP reduction achieved 
by the above-the-floor option is 30 Mg/yr, and the incremental cost is 
$19,000/Mg of HAP controlled. The incremental electricity and fuel 
consumption rates for storage tanks controlled with condensers at 
existing sources are 15,000 kwh/yr and 145 million Btu/yr, respectively 
(about 1,500 kwh/yr/tank and 14.5 million Btu/yr/tank, respectively); 
there would be no environmental impacts or energy requirements for 
other storage tanks controlled with floating roofs. The total CO, 
NOX, and SO2 emissions from fuel combustion would 
increase by only about 0.1 Mg/yr. We concluded that the total impacts 
of the above-the-floor option would be unreasonable in light of the HAP 
emissions reductions achieved. Therefore, the proposed standard for 
storage tanks at existing sources is based on the MACT floor.
    Finally, we concluded that the total impacts of the above-the-floor 
for wastewater at existing sources would be unreasonable compared to 
the HAP emissions reductions achieved. For wastewater, the incremental 
HAP reduction for the above-the-floor option is 400 Mg/yr, and the 
incremental cost is about $15,000/Mg of HAP controlled. Additional 
wastewater streams at 24 existing facilities would be subject to the 
treatment requirements under the above-the-floor option. The 
incremental electricity and steam consumption rates to comply with 
these requirements, per facility, are about 47,000 kwh/yr and 8.3

[[Page 16167]]

million lb/yr, respectively. Incremental fuel consumption to generate 
the electricity and steam is about 13 billion Btu/yr/facility. Total 
CO, NOX, and SO2 emissions from the fuel 
combustion would increase by 33 Mg/yr. We concluded that the total 
impacts for the above-the-floor option for existing sources would be 
unreasonable. Therefore, the proposed standard for wastewater at 
existing sources is based on the MACT floor.
    For wastewater at new sources, the differences between the above-
the-floor option and the MACT floor are the same as for existing 
sources. Therefore, we also concluded that the incremental impacts of 
the above-the-floor option for new sources would be unreasonable, and 
the proposed standard for wastewater at new sources is based on the 
MACT floor.
    The proposed standards apply to cleaning as well as actual 
production steps because we understand that vessel cleaning is integral 
to the process. This is consistent with operations in other industries 
with batch processes such as pharmaceuticals production. We are 
soliciting comments on cleaning procedures, emissions from cleaning, 
and any additional costs of controlling emissions from cleaning as part 
of the process.
    b. Miscellaneous Coating Manufacturing Source Category. For the 
Miscellaneous Coating Manufacturing source category, we decided to 
propose the regulatory alternatives identified as above-the-floor for 
stationary process vessels at existing sources, storage tanks at 
existing sources, and transfer operations and equipment leaks at both 
new and existing sources. In these cases, we found that the incremental 
cost and non-air quality environmental impacts and energy requirements 
of going above the MACT floors are acceptable. By contrast, for 
stationary process vessels, portable process vessels, storage tanks, 
and wastewater at new sources, we are proposing standards based on the 
MACT floor because we determined that either the MACT floor itself is 
based on a very high level of control or the MACT floor requirements 
are more stringent than existing source regulatory alternatives for 
which incremental costs and other impacts were not acceptable. 
Similarly, for wastewater at existing sources, we are proposing 
standards based on the MACT floor because we determined that the 
incremental costs and other impacts to go above the MACT floor were not 
acceptable.
    For stationary process vessels at existing sources, we concluded 
that the total impacts of the above-the-floor option were reasonable. 
For such stationary process vessels, we found that going from the cover 
plus a 60 percent control device to the cover plus a 75 percent control 
device reduces HAP emissions by nearly 1,700 Mg/yr and reduces annual 
costs by $80/Mg of HAP controlled. Assuming the control levels for both 
the MACT floor and the above-the-floor option are achieved using 
condensers, incremental electricity consumption is about 2.7 million 
kwh/yr (an average increase of approximately 31,000 kwh/yr per 
facility). To generate this electricity, fuel consumption (coal) is 
estimated to increase by 26.6 billion Btu/yr, and total CO, 
NOX, and SO2 emissions are estimated to increase 
by less than 23 Mg/yr. There would be no wastewater or solid waste 
impacts. Thus, we selected the regulatory alternative as the proposed 
standard for stationary vessels at existing sources. The proposed 
standard for stationary vessels at new sources is based on the MACT 
floor, which consists of a cover and an add-on control device that 
reduces HAP emissions by at least 95 percent because, as described 
above, we did not develop a more stringent option.
    For portable process vessels at existing sources we concluded that 
the total impacts of the above-the floor option were unreasonable in 
light of the HAP emissions reductions achieved. Specifically, going 
from the MACT floor (a cover) to a cover plus a control device 
achieving 75 percent reduction reduces HAP emissions by about 400 Mg/
yr. Assuming the control device is a condenser, the incremental cost is 
approximately $21,000/Mg of HAP controlled. In addition, electricity 
consumption to operate refrigeration units would increase from zero at 
the MACT floor to more than 900,000 kwh/yr (an average increase of 
about 11,000 kwh/yr/facility for an estimated 85 facilities with 
portable process vessels subject to additional control under the above-
the-floor option). Fuel consumption (coal) to generate the electricity 
would increase by more than 9.0 billion Btu/yr; collectively, CO, 
NOX, and SO2 emissions would increase by 8 Mg/yr. 
There would be no wastewater or solid waste impacts. We concluded that 
the total impacts for this option were unreasonable. Therefore, we 
selected the MACT floor as the proposed standard for portable process 
vessels at existing sources. The proposed standard for portable vessels 
at new sources also is based on the MACT floor, which consists of a 
cover and an add-on control device capable of reducing HAP emissions by 
at least 95 percent because, as described above, we did not develop a 
more stringent option.
    For storage tanks at existing sources, we found the impacts of the 
first above-the-floor option, which requires control of tanks greater 
than or equal to 75 m3 (20,000 gal) storing material with a 
vapor pressure greater than or equal to 13.1 kPa (1.9 psia), to be 
reasonable compared to the HAP emissions reductions achieved. This 
option reduces emissions by 2.5 Mg/yr at an incremental cost of $2,700 
to $4,900 per Mg of HAP controlled, depending on the characteristics of 
the tanks. In addition, because the above-the-floor option can be 
achieved using floating roofs, there are no non-air quality 
environmental impacts or energy requirements. However, we found the 
second option, which would have required control of all tanks having a 
capacity of at least 38 m3 at the same vapor pressure 
applicability cutoff, has incremental costs of more than $17,000/Mg of 
HAP controlled. There would also be increased non-HAP environmental 
impacts and energy requirements to operate condensers to control 
emissions from the tanks with capacities between 38 m3 and 
75 m3; we did not quantify these impacts. Therefore, we 
selected the option that requires control of tanks with capacities 
greater than or equal to 75 m3 storing material with a vapor 
pressure greater than or equal to 1.9 psia as the proposed standard for 
storage tanks at existing sources. By contrast, the proposed standard 
for storage tanks at new sources is based on the MACT floor because, as 
described above, we did not develop a more stringent option.
    For wastewater at existing sources, we concluded that the impacts 
of the above-the-floor regulatory option were unreasonable compared to 
the HAP emissions reductions achieved. For wastewater at existing 
sources, the above-the-floor regulatory option is the control of all 
streams with a total HAP concentration greater than 2,000 ppmw (the 
MACT floor was 4,000 ppmw). For the impacts analysis, we assumed that 
the required treatment would be achieved using a steam stripper or by 
sending the wastewater offsite for treatment, depending on the quantity 
generated. We estimated that the above-the-floor option would require 
treatment by one additional facility and reduce HAP emissions by less 
than 0.5 Mg/yr at an incremental cost of more than $200,000/Mg of HAP 
controlled. In addition, electricity consumption would increase by 
about 700 kwh/yr; steam consumption would increase by 120,000 lb/yr; 
energy to generate the electricity and steam would increase by 180 
million Btu/yr; and total CO, NOX, and

[[Page 16168]]

SO2 emissions would increase by 0.02 Mg/yr of HAP 
controlled. There may also be solid waste impacts if condensed steam 
and pollutants from the steam stripper cannot be reused. We concluded 
that the total impacts for the above-the-floor option were 
unreasonable. Therefore, we are proposing that the standard for 
wastewater at existing sources be based on the MACT floor. The proposed 
standard for wastewater at new sources is also based on the MACT floor 
(i.e, the HON suppression and treatment requirements for all streams 
with a total HAP concentration greater than 2,000 ppmw) because, as 
described above, we did not develop a more stringent option.
    For transfer operations, we found that the total impacts of the 
above-the floor option were reasonable in light of the HAP emissions 
reductions achieved. Specifically, the above-the-floor option would 
reduce HAP emissions by about 37 Mg/yr at an incremental cost of less 
than $3,000/Mg of HAP controlled. In addition, under the above-the-
floor option, operation of a refrigeration unit at one existing 
facility would increase electricity consumption by about 2,150 kwh/yr; 
increase energy consumption by 21 million Btu/yr; and increase total 
CO, NOX, and SO2 emissions by less than 0.02 Mg/
yr. There would be no non-air environmental impacts. We concluded that 
the total impacts for the above-the-floor option were reasonable. 
Therefore, for both new and existing sources, we are proposing that the 
emission limitation be based on the above-the-floor option which would 
require at least 75 percent control of HAP emissions from bulk loading 
of products with a HAP throughput greater than or equal to 11.4 million 
1/yr (3.0 million gal/yr) and a weighted HAP partial pressure greater 
than or equal to 10.3 kPa (1.5 psia).
    For equipment leaks, our model analysis indicates that implementing 
an above-the-floor option consisting of a HON-equivalent LDAR program 
instead of the sensory program determined to be the floor would reduce 
HAP emissions by 360 Mg/yr at an incremental cost of $2,700/Mg of HAP 
controlled. In addition, there are no environmental impacts or energy 
requirements associated with implementing the above-the-floor option. 
We concluded that the total impacts for the above-the-floor option were 
reasonable. Therefore, we are proposing that the standard for equipment 
leaks for both existing and new sources be based on the HON LDAR 
program or the equivalent program in the Generic MACT (40 CFR part 63, 
subpart UU).
    The proposed standards for cleaning operations are the same as for 
any other process operation because controls implemented while cleaning 
are the same as for normal process operation. This is consistent with 
batch operations in other industries such as for pharmaceuticals 
production. For example, the MACT floor for stationary process vessels 
is based on controls. Cleaning operations are part of the floor because 
we understand that if emissions are controlled while mixing raw 
materials, then emissions are also controlled during cleaning. 
Therefore, we concluded that cleaning operations should also be 
included in the regulatory alternative for process vessels. Similarly, 
we based the MACT floor for wastewater treatment on discharges of 
cleaning fluids. In fact, all of our wastewater data from coatings 
manufacturing is from cleaning operations. We are soliciting comments 
on cleaning procedures, emissions from cleaning, and any additional 
costs of controlling emissions from cleaning as part of the process.

D. How Did We Select the Format of the Standards?

    The MACT standards proposed today are presented in numerous 
formats. The discussion below describes the information we considered 
in selecting these formats. The requirements for storage tanks, 
transfer operations, wastewater, and equipment leaks follow formats 
similar to formats used in other regulations, enabling some 
streamlining of requirements in cases where facilities must comply with 
multiple regulations.
    For storage tanks, the proposed standards follow the same format as 
in other Federal regulations. The format of the standards for storage 
tanks is a combination of work practice standard and emission 
limitation--tanks which require control must either be fitted with 
floating roofs or vented to add-on control devices meeting a percent 
removal requirement. These formats allow the owner operator maximum 
flexibility to comply by using an add-on control device while 
maintaining a simple option to comply using a work practice standard.
    Work practice standards, where compliance is based on operating or 
equipment practice rather than specific emission limitations, have been 
recognized as effective ways to limit HAP emissions without the burden 
of characterization of actual HAP emissions and comparison against 
numerical limits. Section 112(h) of the CAA recognizes the need for 
alternative forms of standards, such as work practice standards. 
Therefore, work practice standards such as the use of floating roofs on 
tanks or LDAR programs for the control of equipment leaks are proposed 
in these NESHAP.
    Standards for transfer operations follow the same format as the 
standards contained in the HON. The standards allow for vapor return of 
displaced materials back to the process or storage container, or 
require a percent reduction from uncontrolled levels achieved with the 
use of an add-on control device. Note that both proposed standards 
apply only to bulk loading into trucks or railcars. Loading into 
smaller vessels (e.g., drums) that do not have a dedicated vent or 
stack would create a capture efficiency issue, and an effective control 
system would likely be based on induced draft capture, which would 
result in a dilute emission stream. The control device for this type of 
system would be incineration, and it would not be cost effective. Note 
that the percent reduction requirement for transfer operations in the 
Miscellaneous Coatings Manufacturing source category is the same as 
that for stationary process vessels (i.e., lower than the requirement 
in the HON).
    Standards for wastewater also follow the formats proposed in other 
NESHAP such as the HON. For the Miscellaneous Coating Manufacturing 
source category, the applicability criteria consists only of 
concentration because the quantity generated is of lesser importance. 
For the Miscellaneous Organic Chemical Manufacturing source category, 
we are proposing exactly the same language, including applicability, as 
was done in the HON.
    The proposed LDAR standards reference subpart UU. That LDAR program 
allows less frequent monitoring and repair compared to the HON, but is 
as effective as the HON because it targets those components that are 
most likely to leak.
    Because of the broad applicability of the Miscellaneous Organic 
Chemical Manufacturing source category, the requirements contained in 
these proposed standards for applicable process vent emissions sources 
are formatted so they can be applied to numerous types of emission 
sources. Requirements for process vents are structured in the format of 
percent reduction coupled with TRE and mass applicability limits. 
Requirements for batch emissions sources are based on a percent 
reduction from a defined uncontrolled baseline over the group of batch 
vents that are contained in a process, as was done in the 
Pharmaceuticals Production NESHAP. For continuous process vents, the 
requirements for control are based on

[[Page 16169]]

the TRE format applied in the HON. Both formats allow for a variety of 
control devices and are easily implemented over a variety of process 
vent sources.
    The pollution-prevention standard is based on the premise that a 
reduction in consumption of HAP can be associated with a reduction in 
losses to air, water, or solid waste. The required 65 percent reduction 
in the production-indexed HAP consumption factor is equivalent to the 
overall reductions in emissions achieved by the emission limitations 
and work practice standards for process vents, storage tanks, 
wastewater, and equipment leaks. Consumption, rather than emissions, is 
tracked because it can be used as a true measure of pollution 
prevention; any decrease in consumption for the same unit of product 
produced must involve some type of increase in process efficiency, 
including reduction of waste, increased product yield, and in-process 
recycling. The pollution prevention alternative standard only applies 
to chemical manufacturing batch processes because the batch process 
vent standards apply to all vents from the process. The continuous 
process vent standard applies to single vents and is not a process 
based standard. Since the TRE for continuous vents is applied after the 
last recovery device, pollution prevention has already been considered 
in the applicability of the control requirements for continuous vents.
    For the Miscellaneous Coating Manufacturing source category, 
process emission sources are vessels used to mix and transfer materials 
used to make coatings. For process vessels, the standards are a 
combination of work practice standard and percent reduction. The 
requirement to maintain a sealed and gasketed cover is a work practice 
standard. Without such an equipment standard, it would be difficult to 
demonstrate capture of displaced vapors into the control device.
    Generally, both mixing operations and transfer operations are 
conducted at ambient temperatures. The HAP used in coating 
manufacturing operations include toluene and xylene. Based on this 
narrow set of operating conditions, process vent and transfer operation 
emissions from this source category are expected to generally result 
from displacements; emission streams from these displacement events are 
expected to be saturated at ambient conditions. The choice of control 
devices is narrower than in the previous source category. In general, 
we expect that the use of condensers will satisfy the control 
requirements.
    We are, therefore, proposing the use of an additional format for 
demonstrating compliance with the stationary process vessel standards 
and the transfer operations standards that is based on achieving preset 
condenser outlet temperatures that correspond to ranges of material 
vapor pressures. This option is intended to simplify the compliance 
demonstration because it eliminates the demonstration of 75 percent 
reduction using uncontrolled and controlled emission estimates. The 
preset ranges are presented in Table 1.

           Table 1.--Required Condenser Exit Gas Temperatures
------------------------------------------------------------------------
                                                              Required
                                                             outlet gas
   HAP partial pressure ranges at 25 deg.C, kPa (Psia)     temperatures,
                                                                deg.C
------------------------------------------------------------------------
0.7 kPa (0.1 psia).......................................            10
0.7 kPa (0.1 psia) to 17.2 kPa (2.5 psia).....             2
17.2 kPa (2.5 psia)...........................            -5
------------------------------------------------------------------------

    These values were set by calculating, on average, necessary 
temperatures to condense 75 percent of the HAP in streams predominantly 
composed of materials representing vapor pressure ranges of xylene, 
toluene, and methanol, common materials in this industry. For 
wastewater streams, applicability is based only on the wastewater 
constituent concentrations and follows waste disposal practices for 
compliance with RCRA since the scale of operations generally precludes 
the installation and operation of wastewater treatment systems.
    We considered other format options for MACT standards, including 
using mass emission rates and outlet concentrations. For the 
Miscellaneous Organic Chemicals Manufacturing source category, we 
concluded that a percent reduction format allows the most flexibility 
in terms of defining the floors and in terms of compliance with the 
standard. A mass rate standard could not easily be established that 
would apply to the multitude of operations covered by the standards 
because of the variability in products, materials, and processing 
conditions. For example, we would not want to set a MACT floor based 
solely on an emission limit that would be easily met by some sources 
because of the nature of their operation, but could not be achieved by 
all sources in the category. However, we note that the 4,540 kg/yr 
(10,000 lb/yr) applicability limit for batch process vents is a type of 
mass emission limit. When coupled with the percent reduction, the mass 
limit allows owners and operators some flexibility in determining what 
portions of processes to control. Yet, the complementing portion of the 
standard also offers a percent reduction to enable all facilities in 
the source category to comply. No mass limit is proposed for the 
Miscellaneous Coating Manufacturing source category because we could 
not establish an acceptable emissions limit below which no control 
would be required, based on the MACT floor.
    We are also proposing a concentration standard as an alternative to 
a percent reduction standard for process vents and storage tanks. This 
alternative standard was also provided in the Pharmaceuticals 
Production NESHAP as a means of complying with that NESHAP by 
manifolding multiple vents or sources to a common device. Sources can 
comply by continuously monitoring the outlet concentration of the 
control device using a continuous emissions monitoring system (CEMS) 
and ensuring that the TOC concentration does not exceed 20 ppmv for 
combustion devices or 50 ppmv TOC for noncombustion devices. If 
halogenated compounds are present, you must also monitor for hydrogen 
halides and halogens and maintain these concentrations to below 20 
ppmv.

E. How Did We Select the Testing and Initial Compliance Requirements?

    Testing and initial compliance demonstration provisions contained 
in the NESHAP are based on the requirements contained in the HON for 
continuous process vents, transfer sources, and wastewater sources, the 
Generic MACT for storage tanks, and the Pharmaceuticals Production 
NESHAP for batch process vents and coatings process vessels. We believe 
that it is reasonable to use the HON and Generic MACT compliance 
demonstration provisions requirements for the above sources because the 
formats are consistent with the HON and Generic MACT requirements, and 
because we expect many affected sources are already familiar with the 
provisions, especially those sources that have colocated miscellaneous 
organic chemical manufacturing process units and HON units. The Generic 
MACT compliance provisions for certain sources (fired sources such as 
boilers and process heaters) also closely follow requirements contained 
in the NSPS, and, therefore, owners and operators of miscellaneous 
coatings facilities may also have some familiarity for these types of 
sources. In the interest of streamlining requirements for title V 
permits, using these existing provisions may also provide opportunities 
for

[[Page 16170]]

condensing identical or similar requirements.
    The testing and initial compliance demonstration provisions of the 
Pharmaceuticals Production NESHAP are referenced for miscellaneous 
organic chemical manufacturing batch process vents and for 
miscellaneous coatings stationary process vessels because that NESHAP 
considers the issues associated with the characterization and control 
of batch emission sources. There are two important concepts contained 
in the Pharmaceuticals Production NESHAP that will also apply to the 
batch sources in these source categories, and they are: (1) The use of 
emission estimation equations to determine uncontrolled and controlled 
emissions, and (2) the consideration of aggregated batch emission 
sources in the development of an initial compliance demonstration under 
worst case conditions. There are more reliable, less costly methods to 
characterize emissions from batch processes using accepted 
methodologies to estimate emissions from batch emission sources rather 
than using testing strategies that are limited in data. This is because 
the characteristics that drive emissions, flow and concentration, often 
vary independently of each other in batch emission events. The use of a 
single data point for flow and one for concentration may not be 
representative of emissions over the event. Conversely, the use of 
accepted emission estimation methodologies provides a consistent set of 
guidelines for calculating emissions and is especially important in 
these proposed NESHAP, since compliance rests on demonstrating a 
percent reduction from an uncontrolled value. The uncontrolled value 
must be calculated consistently in order for the NESHAP to be fairly 
and consistently applied across the industry.
    As a related issue, we have also required the same process 
condenser control efficiency demonstration requirement as in the 
Pharmaceuticals Production NESHAP for some batch process vents in 
miscellaneous organic chemicals manufacturing sources. As in the 
Pharmaceuticals Production NESHAP, we proposed to exclude from the 
demonstration requirement any process condensers followed by secondary 
condensers that would be considered air pollution control devices and 
air pollution control devices complying with the alternative standard. 
This compliance procedure for process condensers is being proposed to 
ensure that owners and operators will accurately characterize 
uncontrolled emissions.
    The emission estimation methodologies provided in the 
Pharmaceuticals Production NESHAP and referenced in these proposed 
NESHAP were also used in the Polymers and Resins NESHAP (40 CFR part 
63, subparts U and JJJ). They are based on accepted vapor-liquid 
equilibrium principles and were reviewed extensively during the 
development of the Pharmaceuticals Production NESHAP.
    The worst-case testing provisions are structured to account for the 
most challenging conditions to which a control device will be exposed. 
The initial compliance demonstration is also tied to the continuous 
compliance demonstration in that an operating parameter is used as an 
indicator of the control device's performance over time, and the 
operating parameter is first ``calibrated'' against the control 
efficiency achieved by the device during the initial compliance 
demonstration. Therefore, the initial compliance demonstration must be 
conducted at the most challenging conditions in order to ensure 
continuous compliance under all other conditions. However, the proposed 
NESHAP are structured such that monitoring is required only for those 
events that are controlled for the purposes of complying with the 
proposed NESHAP.
    We also have provided some language in the proposed NESHAP that 
clarifies appropriate methods for demonstrating compliance with percent 
reduction requirements and emission concentration limits on combustion 
devices. The proposed NESHAP allow owners and operators to use either 
Method 25, 25A (under certain specific conditions), or 18 to 
demonstrate compliance with the HAP percent emission reduction 
requirement. However, if Method 18 is used, we clarify that only HAP 
that are present in the inlet to the device can be used to characterize 
the percent reduction across the device. Additionally, you must first 
determine which HAP are present in the inlet gas stream (i.e., 
uncontrolled emissions) using process knowledge or a screening 
procedure. When using Method 25 or 25A, you must measure the inlet and 
outlet mass emissions as carbon.
    We provided this clarification because when organic compounds are 
controlled by combustion processes, the organic pollutants emitted at 
the outlet of the device are not the same as those entering the inlet 
to the device and are typically unknown. Method 18, which measures 
specific, known compounds, will not yield accurate results unless it 
can be used to determine the percent reduction of known compounds 
across the device. Conversely, Method 25 measures total non-methane 
organic compounds and can be used to determine percent reduction across 
the combustion device regardless of how the combustion process affects 
the inlet and outlet streams. Under certain conditions (i.e., 
controlled emissions concentrations less than 50 ppmv), Method 25A may 
be used in lieu of Method 25 for determining the reduction across a 
combustion device.
    In demonstrating compliance with the outlet concentration standard, 
you may use Method 18 or Method 25A. If Method 18 is used, the 
resulting concentration must be reported as the compound or compounds 
measured; however, if Method 25A is used, the concentration must be 
reported as carbon.
    Initial compliance with the pollution-prevention alternative would 
be accomplished by documenting yearly quantities of HAP raw materials 
and products using available records, including standard purchasing and 
accounting records, and periodically calculating annual rolling totals 
of the production-indexed HAP consumption factor for comparison with 
the baseline value. The factor must be calculated every 30 days for 
continuous processes, and every 10 batches (up to once per month) for 
batch processes.

F. How Did We Select the Continuous Compliance Requirements?

    Monitoring is required by the proposed NESHAP to determine whether 
a source is in compliance on an ongoing basis. We selected the 
continuous compliance requirements based on a combination of general 
monitoring requirements in the General Provisions (subpart A) and 
specific monitoring requirements for the HON and Pharmaceuticals 
Production source categories.
1. General Monitoring Requirements
    As specified in Sec. 63.8(c) of the General Provisions, sources 
must record the data from their monitoring systems at least once every 
15 minutes. However, for control devices that are determined to control 
less than 0.91 Mg/yr (1 ton/yr) of HAP, the proposed subparts require 
only a daily verification that the devices are operating as required, 
consistent with the referenced Pharmaceuticals Production NESHAP. We 
are also referencing limits for the minimum amount of data that can be 
recorded to demonstrate compliance with the proposed NESHAP, based on 
requirements in the HON and the Pharmaceuticals Production NESHAP.

[[Page 16171]]

    Sources would be required to calculate either daily or block 
averages of their operating parameter values for the purpose of 
ensuring continuous compliance. We selected the daily or block 
averaging times referenced in the Pharmaceuticals Production NESHAP 
again following consistency with the initial compliance demonstration.

2. Continuous Monitoring

    When determining appropriate monitoring options, we consider the 
availability and feasibility of the following strategies in a ``top-
down'' approach: (1) CEMS for the actual HAP emitted, (2) CEMS for HAP 
surrogates, (3) monitoring operating parameters, and (4) work practice 
standards. In evaluating the use of CEMS in these proposed NESHAP, 
monitoring of individual HAP species may not be reasonable or 
technically feasible for many streams. For those cases where it is 
feasible, CEMS meeting Performance Specification 9 or 15 may be used to 
measure and report emissions as individual HAP compounds. However, in 
the case of continuous monitoring of surrogates, continuous TOC 
monitoring is considered a viable and efficient monitoring option and 
is provided in these proposed NESHAP. The alternative standard makes 
use of CEMS that meet Performance Specification 8 that have been 
calibrated using the predominant HAP in the stream. The results must be 
reported as carbon when compared to the 20 ppmv emission limit for 
combustion devices or 50 ppmv emission limit for noncombustion devices. 
To monitor hydrochloric acid emissions, you must either use a CEMS that 
meets Performance Specification 15, or if you wish to use a CEMS for 
which we have not promulgated a Performance Specification, you must 
prepare a monitoring plan and submit it for approval in accordance with 
the procedures specified in Sec. 63.8 of the General Provisions. The 
requirement to submit a monitoring plan for approval is an interim 
solution that is necessary until we promulgate applicable Performance 
Specifications.
    Monitoring of control device operating parameters is considered 
appropriate for many other emission sources, and therefore, most of the 
other monitoring options provided in the proposed NESHAP are based on 
parametric monitoring.
    Based on information from the source categories, we selected 
operating parameters for the following types of control devices that 
are reliable indicators of control device performance: thermal and 
catalytic incinerators, flares, carbon adsorbers, scrubbers, and 
condensers. In general, we selected parameters and monitoring 
provisions that are contained in the HON and in the Pharmaceuticals 
Production NESHAP. The range of parameter limits in both NESHAP should 
cover both batch and continuous production processes. Sources would 
monitor these operating parameters to demonstrate continuous compliance 
with the emission limitations and operating limitations.
    We are also proposing monitoring parameters for catalytic 
incinerators that are different from parameters that have been required 
to be monitored in existing NESHAP. Instead of requiring monitoring of 
the temperature differential across the catalyst bed, we are proposing 
that the inlet temperature into the incinerator be monitored, since we 
believe that this parameter would be a better indicator of overall 
incinerator performance for the type of emission stream characteristics 
we expect to find in these source categories. For low flow or dilute 
concentrations, we believe that it may not always be possible to 
achieve the recommended temperature differential. We are also proposing 
to require an annual catalyst test to verify that the catalyst activity 
is still acceptable.
3. Other Monitoring
    You may choose an alternative to the monitoring required by the 
proposed NESHAP. If you do, you must request approval for alternative 
monitoring according to the procedures in subpart A, Sec. 63.8, or you 
must request the approach in your precompliance report.
    The proposed NESHAP also contain monitoring for work practice 
standards involving periodic inspections for equipment integrity. These 
monitoring requirements include storage tank seal inspections, 
wastewater component surface inspections, and bypass and closure device 
inspections and are also required by the HON and the Pharmaceuticals 
Production NESHAP.

G. How Did We Select the Notification, Recordkeeping, and Reporting 
Requirements?

    We selected the notification, recordkeeping, and reporting 
requirements based on generic requirements in the General Provisions 
and specific requirements for the HON and Pharmaceuticals Production 
NESHAP.
1. Notification Requirements
    The notification requirements in the proposed NESHAP include 
initial notifications, notification of performance test, notification 
of compliance status, and notification dates. These notification 
requirements are based on requirements in Secs. 63.6(h), 63.7(b) and 
(c), 63.8(e) and (f), 63.9(b), (f), and (h), and 63.10(d)(2) of the 
General Provisions.
2. Reporting Requirements
    The reporting requirements that we selected include semiannual 
compliance reports, required in Sec. 63.10(e)(3), and immediate 
startup, shutdown, and malfunction reports, required in 
Sec. 63.10(d)(5)(ii). If there are no deviations from the standards 
during the reporting period, then your semiannual compliance report 
must include a statement to that effect. If there were deviations from 
the standards during the reporting period, then your semiannual 
compliance report must include the information listed in Table 15 of 
the proposed subpart FFFF or HHHHH. For each deviation where a CEMS is 
used to comply with the standards, your compliance report must also 
include the information in Secs. 63.8(c)(8), 63.10(c)(5) through (13), 
and 63.10(e)(3)(vi). If there was a startup, shutdown or malfunction 
during the reporting period, and you took actions consistent with your 
startup, shutdown, and malfunction plan, then your compliance report 
must include the information in Sec. 63.10(d)(5)(i). The submittal date 
for the compliance report is based on information in 
Sec. 63.10(e)(3)(v).
    If there was a startup, shutdown, or malfunction during the 
reporting period, and you took actions inconsistent with your startup, 
shutdown, and malfunction plan, then you must submit an immediate 
startup, shutdown, and malfunction report. The report must include the 
actions taken for the event and the information provided in 
Sec. 63.10(d)(5)(ii). The submittal date for the immediate startup, 
shutdown, and malfunction report is based on Sec. 63.10(d)(5)(ii).
3. Recordkeeping Requirements
    The proposed NESHAP require you to maintain a copy of each 
notification and report, as well as documentation supporting any 
initial notification or notification of compliance status, according to 
the requirements in Sec. 63.10(b)(1)(xiv). You must also keep the 
records in Sec. 63.6(e)(3) related to startup, shutdown, and 
malfunction; records of performance tests and performance evaluations, 
as required in Sec. 63.7(g)(1); and records for each CEMS and parameter 
monitoring system.
    The records for the CEMS would include the records described in 
Sec. 63.10(b)(vi) through (xi); superseded

[[Page 16172]]

versions of the performance evaluation plan, as required in 
Sec. 63.7(d)(3); and the request for alternatives to a relative 
accuracy test for CEMS, as required in Sec. 63.8(f)(6)(i). The records 
for the parameter monitoring system would include records of operating 
limits and parameter monitoring data. You must keep records of all 
material balances and calculations documenting the percent reduction in 
HAP emissions used to demonstrate compliance with the standards.

H. What Is the Relationship of These Proposed NESHAP to Other Rules?

    This section discusses the relationship between today's proposed 
NESHAP and other Federal rules covering facilities containing sources 
in these source categories. This section also discusses the 
relationship between proposed subpart HHHHH and MACT rules that are 
currently under development for source categories in the Surface 
Coating Processes Industry Group.
    In today's proposed NESHAP, we cross-reference pertinent existing 
rules to maintain consistency with other Federal standards. Subparts 
GGG (the Pharmaceuticals Production NESHAP) and SS (the Generic MACT) 
contain requirements for emissions sources that are similar to those 
found in these source categories. These existing standards reflect the 
current Agency positions that have been developed through numerous 
rulemaking efforts. By maintaining consistency with these existing 
standards, we believe we have reduced the burden to regulators and 
industry in limiting the amount of material that must be understood in 
order to comply. However, we are interested in your specific 
suggestions for reducing the overall burden of the NESHAP without 
jeopardizing their enforceability or our overall emission reduction 
goals.
    Because of the broad applicability of proposed subpart FFFF, 
another issue with regard to the relationship of these rules to other 
existing MACT rules is that applicability could appear to fit more than 
one source category in some cases. We have, therefore, included options 
that allow compliance with one rule in cases where dual MACT coverage 
of the same affected source might occur. For example, we are allowing 
affected sources with equipment subject to the equipment leak standards 
or wastewater standards contained in subpart GGG to comply with the 
proposed subpart FFFF for all such equipment. Lastly, we have also 
included provisions that allow compliance with the provisions of these 
standards in cases where other rules overlap and affect the same 
affected sources. These provisions apply to sources that must comply 
with RCRA requirements at 40 CFR parts 264, 265, and 260 through 272; 
NSPS requirements at part 60, subparts Kb, III, NNN, and RRR; and 
NESHAP requirements at part 63, subpart H.
    Coatings manufacturers are not only potentially subject to proposed 
subpart HHHHH, but their products and production operations may change 
as their customers demand coatings that will comply with the 
requirements of MACT rules for source categories in the Surface Coating 
Processes Industry Group. Therefore, the coatings manufacturers have 
requested that we coordinate the timing of the various surface coatings 
MACT rules and subpart HHHHH so that they have a chance to assess how 
their production operations may change. We recognize this concern, and 
we will attempt to coordinate the timing of these rules, while also 
considering our obligation to promulgate all MACT rules by May 2002 so 
that States are not required to develop MACT on a case-by-case basis. 
We are also soliciting comments on how best to coordinate these rules.

I. What Types of Comments Are Being Specifically Requested by the 
Administrator?

    The Administrator welcomes comments from interested persons on any 
aspect of the proposed rule, and on any statement in the preamble or 
referenced supporting documents. The proposed rule was developed on the 
basis of information available. The Administrator is specifically 
requesting factual information that may support either the approach 
taken or an alternate approach. In order to receive proper 
consideration, documentation or data should be provided. This section 
requests comments on specific issues identified during the development 
of the standards.
1. What Comments Are We Soliciting on MACT Floor Determinations?
    We are requesting comments and data on establishing the MACT floor 
for processing vessels in coating manufacturing at new sources. The new 
source MACT floor for processing vessels is 95 percent reduction of HAP 
for stationary and portable vessels that have a capacity greater than 
250 gallons. Seven facilities reported control levels for stationary 
processing vessels of 95 percent or greater. Two of these facilities 
reported control levels for portable vessels of 95 percent and greater. 
Two facilities reported control levels of 99 percent. These processing 
vessels include removable and fixed roofs and are controlled by thermal 
oxidizers, carbon adsorbers, and condensers. We determined that 95 
percent reduction represents the control level for the best controlled 
source with consideration given to similarity of sources and total HAP 
emissions control. For example, one facility reported 95 percent 
control device efficiency for their portable and stationary vessels 
equipped with fixed roofs and vented to a thermal oxidizer. We seek 
comments and data on the representativeness of the facilities as 
similar sources on which the proposed new source MACT floor is based 
and the feasibility of controlling emissions from all process vessels 
at a facility at the proposed 95 percent control level.
    We are requesting comments and data on establishing the MACT floor 
for stationary process vessels at existing coating manufacturing 
sources. As discussed earlier in this preamble, the proposed MACT floor 
consists of a cover on the vessel and venting exhaust to a control 
device that reduces emissions that it receives by at least 60 percent. 
This control level represents the average of the control levels for the 
best performing 12 percent of stationary process vessels. We used the 
average, or mean, instead of the median because the control device 
efficiencies represented a fairly even, though wide, distribution and a 
representative control device is available at the mean. However, a 
large number of vessels in the top 12 percent were not controlled. We 
are requesting comments on whether the central tendency of the best 
performing 12 percent of stationary process vessels should be 
represented by the mean or the median. The median control level 
achieved for the best performing 12 percent of the vessels is 80 
percent. The mean, which is derived by averaging the control 
efficiencies of both controlled and uncontrolled facilities, results in 
a level of control that is not actually achieved by any control device 
in the MACT floor dataset, although the mean is readily achievable with 
a representative control device for this industry (i.e., condenser). 
The median represents both a central tendency and a level of control 
currently being achieved with add-on control. We are soliciting 
comments on whether we adequately characterized the MACT floor level of 
control for process vessels at coating manufacturing facilities.
    We are requesting comments and data on the basis for establishing 
the MACT floor for continuous vents in miscellaneous organic chemical 
manufacturing at existing sources. As

[[Page 16173]]

discussed previously in this section, the MACT floor for continuous 
process vents at existing sources is 98 percent reduction for vents 
meeting a TRE of 2.6. The MACT floor determination was based on 5 
facilities which represented the top 12 percent of the sources. The 
data used to determine the MACT floor were collected prior to 1996, and 
in order to move forward with rule development we have not continued to 
update the information. It has recently come to our attention that some 
of the data may have changed. Specifically, a plant used in the floor 
calculation may have closed down. We are soliciting comments on whether 
we adequately characterized the MACT floor level of control for 
continuous vents at organic chemical manufacturing facilities.
    We are requesting comments and data on establishing the MACT floor 
for equipment leaks for organic chemical manufacturing sources. We have 
information on 229 facilities indicating that the LDAR program 
implemented at 30 facilities is the HON LDAR program or a program 
equivalent to the HON. We are soliciting comments on whether we 
adequately characterized the MACT floor level of control for equipment 
leaks from organic chemical manufacturing.
    2. What Comments Are We Soliciting on Definitions?
    We are soliciting comments on the definitions of ``batch process,'' 
``process vent,'' ``isolated intermediate,'' and ``family of 
materials'' in the proposed subpart FFFF. The first two definitions are 
similar to the definitions in 40 CFR part 63, subpart GGG, where a 
``process'' means all equipment which function to produce a product or 
isolated intermediate, and an ``isolated intermediate'' means the 
product of a process that is stored before further processing. Two 
important differences between subpart GGG and the proposed subpart FFFF 
are that precursors are not relevant in the proposed subpart FFFF and 
that the term ``process'' in the proposed subpart FFFF applies to a 
family of products. Because the batch process vent standard in the 
proposed subpart FFFF applies only if the process vents from a single 
process emit 10,000 lbs/yr HAP; the definition of process is very 
critical to applicability determinations. It is our intent that the end 
of a process is marked by long time storage, storage for the purpose of 
shipping product offsite, or storage for the purpose of building 
inventory. A process is not an intermediate step in the continuous 
sequence of steps to produce a final product. In addition, we believe 
that production of chemicals that vary only slightly in molecular 
structure, functional groups or other characteristics and are produced 
by procedures that have essentially identical emission sources and 
emission stream characteristics should be considered as one process. We 
use the term ``family of materials'' to describe these types of 
materials, and the production of these similar products must be grouped 
into one ``process'' for the purposes of complying with the proposed 
subpart FFFF. In stakeholder meetings, industry representatives have 
stated that the proposed definition is not clear regarding which types 
of products must be included in a family. One suggestion was to include 
specific criteria about the product characteristics, emissions, and 
processing steps that materials must have in common in order to be part 
of a family of materials. Therefore, we are soliciting comments on 
applicable criteria or other ways to clarify this definition.
    According to the proposed definition of ``process vent'' in subpart 
FFFF, emission streams that are undiluted and uncontrolled containing 
less than 50 ppmv HAP are not considered process vents. We are 
requesting comments on the emission stream to which the 50 ppmv 
criterion should be applied for batch process vents. One approach would 
be to apply it to each emission episode (e.g., vapor displacement, 
purge, drying, etc.) in a process, regardless of the point from which 
it is emitted. Another approach would be to combine all of the emission 
episodes that are released from a particular point (e.g., vapor 
displacement and depressurization from a reactor vent), and determine 
the average concentration for the aggregated stream. We are interested 
in data for a situation where one emission episode has a concentration 
above 50 ppmv, but all other emission episodes released from the same 
point, and the combined stream for the emission point, have 
concentrations below 50 ppmv. We are interested in rationale supporting 
the choice of either of the presented approaches or any other approach.
    We are requesting comments on the definition of ``coating 
manufacturing'' in Sec. 63.7985(b) of the proposed subpart HHHHH. It is 
not our intent to include end-users in the definition of manufacturers; 
however, several end-users have mixing operations similar to the 
activities of coating manufacturers with comparable HAP emissions. To 
address these operations, we are considering developing requirements 
for a separate class of coating manufacturers who produce the coating 
for captive use. We do not have data to show there is a floor for such 
operations, but we are evaluating the costs to control the emissions. 
We seek comments on costs to control emissions from, and an appropriate 
size cutoff for, such a class of manufacturers.
    For both miscellaneous coating and organic chemical manufacturing 
facilities, the term ``cleaning operation'' is defined as in 40 CFR 
63.1251 as ``routine rinsing, washing, or boil-off of equipment in 
batch operations between batches.'' As discussed in sections II.D and 
III.C, ``cleaning operations'' are considered to be part of the process 
in which the cleaning operations occur and are subject to the same 
requirements as any other process step. Cleaning the exterior of 
equipment is not considered to be part of the ``cleaning operations,'' 
and emissions from cleaning an existing portable vessel are not 
required to be controlled under the proposed rule. We are soliciting 
comments on the approach. Specifically, we are interested in 
information on cleaning procedures (e.g., whether tanks have automatic 
wash systems and/or have to be washed by hand; whether tank lids or 
covers have to be taken off and remain off to gain and maintain access 
for workers), venting during cleaning, and any additional costs of 
controlling emissions during the cleaning step as part of the process.
3. What Comments Are We Soliciting on Standards That Overlap?
    Compliance options for chemical manufacturing facilities subject to 
both the proposed subpart FFFF and another subpart are in 40 CFR 
63.2535. Multipurpose equipment subject to standards under the proposed 
subpart FFFF may also be subject to standards under another rule. Such 
is the case with equipment leaks. To minimize the compliance burden, we 
have included provisions that allow you to comply only with the 
equipment leak provisions in the proposed subpart FFFF for all 
equipment subject to subparts GGG and MMM at a facility with an 
affected source under the proposed subpart FFFF. We are requesting 
comments on other areas where different standards may overlap, the 
difficulties posed by such overlapping standards, and ways to reduce 
the monitoring, recordkeeping, and reporting burden of complying with 
the requirements of the proposed subpart and another subpart.
4. What Comments Are We Soliciting on Pollution Prevention?
    We are soliciting comments on the pollution prevention alternative 
standard for miscellaneous organic

[[Page 16174]]

chemical manufacturing in proposed subpart FFFF. The pollution 
prevention standard uses the same format as the standard in 40 CFR part 
63, subpart GGG. We especially seek information on alternative measures 
of source reduction and pollution prevention. Note that since the TRE 
for continuous vents is applied after the last recovery device, 
pollution prevention is already incorporated into the standard for 
continuous processes.
    No such pollution prevention alternative is currently proposed for 
coating manufacturers; however, since the proposed rule for coating 
manufacturers does not apply to coatings that contain less than 5 
percent HAP, reformulation is a possible pollution prevention 
alternative. We are soliciting information and comments on pollution 
prevention alternatives for coating manufacturers.
5. What Comments Are We Soliciting on Testing?
    Subpart GGG contains testing requirements that differ depending on 
the amount of HAP treated; for example, if a control device receives 
less than 10 tons per year HAP, then a performance test is not 
required. We are considering similar requirements for miscellaneous 
organic chemical manufacturing facilities. We seek information on 
practicable testing procedures for batch processes and comments on 
testing provisions in subpart FFFF.
6. What Comments Are We Soliciting on MACT Standards for Process 
Vessels at Coating Manufacturing Facilities?
    The process vent standard for the proposed subpart HHHHH applies to 
each stationary process vessel greater than 250 gallons. The standard 
for stationary vessels includes the work practice standards for closed 
vent systems as required in 40 CFR part 63, subpart SS. We are 
requesting comments and data on the types of vent systems used on 
process vessels to capture emissions from the vessels in coating 
manufacturing facilities with control devices; the costs associated 
with the installation of such systems; and any problems encountered 
where closed vent systems are in use, for example, involving worker 
health and safety issues; the ability to capture all emissions from the 
vessel; drawing out and evaporating solvents from the coating mix in 
the vessel, thereby affecting product; and interfering with the ability 
to add raw material to the vessels.
    We are requesting comments on alternative formats for the standard 
that applies to stationary process vessels in proposed subpart HHHHH, 
such as a standard that applies to all processing vessels as a whole 
instead of each vessel individually. In considering alternatives, we 
will examine other formats to ensure that compliance can adequately be 
demonstrated and acceptable records can be maintained. Further, we are 
requesting information on the application, effectiveness, and cost of 
alternative control technologies or approaches for process vessels.
    As already noted, the emission reduction requirements in the 
proposed subpart HHHHH represent an overall HAP control efficiency for 
the process vessel. Overall control includes capture efficiency of 
emissions from the process vessels' vented cover or lid through the 
closed vent system and the recovery or destruction efficiency of the 
control device. We seek comments on demonstrating compliance for 
overall control of HAP from process vessels.
    The cost of the standard for stationary process vessels is based on 
several assumptions. The representative control technology is 
refrigerated condensation. For sizing purposes, we assumed no more than 
five vessels would be filled simultaneously. The modeled vent stream 
was saturated with toluene. The flowrate was assumed to be 100 scfm. 
The cost of the refrigeration units were estimated using the model 
developed for the Office of Air Quality Planning and Standards. We are 
requesting comments and information on these assumptions and model, the 
characteristics of vent streams from process vessels, and the costs 
associated with the proposed standards.
7. What Comments Are We Soliciting on Explosives Production?
    As discussed in section III.A., we are soliciting comments on 
whether process vent emissions from explosives production processes 
should be treated as a separate class of emission streams subject to a 
lesser degree of control than that required for process vents from 
other types of processes in the source category. For example, we are 
specifically soliciting comments on the performance achievable and 
costs associated with using condensers, although we are also interested 
in information about other types of controls. One option we are 
considering is control based on the use of condensers operated at the 
default temperatures that are being proposed for coatings 
manufacturing, and we are soliciting comments on whether these default 
values (or others) would be appropriate for some or all of the 
processes in the explosives production industry. If we do develop 
standards for process vents from explosives manufacturing as a separate 
class of process vents within the source category, we need to be able 
to clearly define the affected processes. Because explosives are often 
referred to as ``energetics,'' we are considering using this term to 
define the class of processes, and we are soliciting comments on what 
the definition of ``energetics'' should be.
8. What Comments Are We Soliciting on the Emission Estimates for 
Coating Manufacturing?
    We are requesting data and information on HAP emissions from 
process vessels and other process units at coating manufacturing 
facilities. The AP-42 emission factor for paint manufacturing is 30 
pounds of volatile organic compounds (VOC) per ton of product. The AP-
42 has an emission loss factor of between 1 percent and 2 percent for 
paint mixing operations. We used 1 percent of the total HAP throughput 
at the facility to determine the uncontrolled HAP emissions from 
process vessels. The industry has stated their preference to base HAP 
emission calculations on the ``Preferred and Alternative Methods for 
Estimating Air Emissions from Paint and Ink Manufacturing Facilities'' 
chapter of ``Stationary Point Source Emission Inventory Development'' 
prepared as part of the Emission Inventory Improvement Program (EIIP). 
The EIIP is a jointly sponsored effort of the State and Territorial Air 
Pollution Program Administrators/Association of Local Air Pollution 
Control Officials (STAPPA/ALAPCO) and EPA with the stated goal to 
provide cost-effective and reliable inventories. The preferred method 
is the use of emission models, and alternative methods are the use of 
emission factors, material balances, and test data. We believe that 
emission factors and material balances apply more to an entire process, 
emission models and test data apply most often to only a step in the 
process and therefore may not account for all losses. To develop a 
valid estimate of uncontrolled (or baseline) emissions using the 
emission models for material loading, heat-up, surface evaporation, and 
vessel cleaning, we would need to obtain a considerable amount of 
additional data. For example, we would need to know the typical number 
of vessels through which the material travels in production processes, 
the temperature of heat-up and the number or percentage of processes 
that have a heat-up step, the number of batches per year, the frequency 
of cleaning, and the volume of material used in cleaning. Material

[[Page 16175]]

balances, however, by their very nature, account for all losses. Other, 
more resource-intensive methods, also can account for all losses. For 
example, losses from process vessels and equipment leaks from equipment 
enclosed in a building could be estimated if the building exhaust 
concentration and flows could be measured accurately. However, a 
material balance would be easier to do, since input data such as 
accounting records and material product specifications are presumably 
already available. Therefore, we believe that an emission estimating 
procedure that has been validated with material balance data will 
provide the most accurate method for estimating emissions. Without 
material balance data or other more robust methods, we think that the 
AP-42 emission factor best estimates total HAP emissions and gives 
results most consistent with the definition of major source in section 
112(a) of the CAA as well as in Sec. 63.2 of 40 CFR part 63, subpart A.
    We are soliciting comments on the foregoing approaches, and because 
we do not have the necessary information for the coatings industry to 
use more robust methods, we are requesting data and information on HAP 
emissions from process vessels and other operational units at coating 
manufacturing facilities as well as mass balance data to help us 
develop more representative emissions factors, including factors 
specific to this industry.
9. What Comments Are We Soliciting on the MACT Standard for Equipment 
Leaks at Coating Manufacturing Facilities?
    Equipment leak HAP emissions from coating manufacturing were 
estimated using the same emission factors used for organic chemical 
manufacturing because we lacked initial leak frequency data. Without 
industry specific leak rate data, we have no basis for using anything 
other than the AP-42 emission factor for equipment leaks. Therefore, we 
are soliciting initial leak frequency data to help us develop emission 
factors for equipment leaks in coating manufacturing operations.
    In light of the paucity of leak data from coating manufacturing 
operations, we are considering providing an alternative to compliance 
with the HON-equivalent equipment leak requirements in the proposed 
subpart HHHHH. The alternative would reduce emissions beyond the floor 
level of control by requiring covers on all process vessels. Instead of 
complying with the leak detection and repair (LDAR) program in 40 CFR 
part 63 subpart UU, which is similar to the HON requirements, the owner 
or operator would choose to comply with the MACT floor (a sensory LDAR 
program as required in 40 CFR part 63, subpart R) and cover all open 
process vessels at the affected facility (i.e., including all vessels 
equal to or smaller than 250 gallons that are not subject to the 
requirements for process vessels). Under this alternative, we envision 
an LDAR work practice standard that requires the following: (1) 
Performing a monthly leak inspection of all equipment in HAP service, 
using detection methods incorporating sight, sound, and smell; (2) 
inspections that are conducted during periods when the process is 
operating; (3) initial attempts at repair are made no later than 5 days 
after leak detection, and repairs be completed within 15 days of leak 
detection, unless delay of repair is allowed based on a demonstration 
that repair in this time period is not feasible; and (4) all portable 
and stationary process vessels with a capacity less than or equal to 
250 gallons are equipped with a cover or lid that must be in place at 
all times when the vessel contains a HAP. The covers or lids could be 
of solid or flexible construction, provided they stay in place. To 
demonstrate initial compliance, you would be required to maintain a log 
with a list of the equipment, a diagram, or some other means of 
identifying the number of components and their location, and you would 
be required to note in your Notification of Compliance Status that you 
have the required covers for the small process vessels. To demonstrate 
continuous compliance, you would be required to record in the log the 
identity of the leaking components (either individually or by area), 
the date of leak detection, and the date of repair, and you would be 
required to sign the log book after each inspection to verify 
completion and accuracy. This alternative, including both the sensory 
LDAR program and the requirement to cover vessels less than 250 
gallons, would go in entry 1. in Table 4 as an alternative work 
practice standard for each piece of equipment that is in organic HAP 
service and is not described in 40 CFR 63.1019(c) through (e). We are 
requesting information on the effectiveness and cost of covering all 
tanks less than or equal to 250 gallons. Information that would assist 
us in estimating the effectiveness of this alternative includes types 
of flexible covers used by the industry, industry practice of using 
covers on small vessels, cost of covers, and the typical number of 
small process vessels relative to the total number of process vessels 
(or relative to the number of process vessels greater than 250 gallons) 
at a facility.
    We are soliciting comments and data on both control alternatives. 
Whether we promulgate one of the two alternatives or both alternatives 
will depend on the comments and data we receive and the results of the 
regulatory impact analysis.
10. What Comments Are We Soliciting on Coordination of MACT Standards 
Affecting the Coating Industry?
    As discussed in III.H., we recognize that coating manufacturers may 
have to change their production processes in response to demands for 
different products that will comply with the MACT standards for surface 
coating application. We intend to coordinate the promulgation of 
subpart HHHHH and the coating application rules to the extent possible, 
recognizing that we must promulgate all MACT standards by May 2002. 
Therefore, we are soliciting comments on ways to coordinate the timing 
of these rules.
11. What Comments Are We Soliciting on Wastewater Standards for Organic 
Chemical Manufacturing?
    Representatives of the chemical industry have suggested that it 
would be more appropriate to regulate wastewater streams containing 
mostly or entirely soluble HAP compounds differently than streams 
containing significant amounts of partially soluble compounds. They 
have submitted examples of wastewater streams that do not volatilize 
appreciably while in open sewer lines en route to the biological 
treatment unit, and suggest that EPA either establish an alternative 
floor of open sewer lines and biological treatment for this subcategory 
of wastewater streams, or not require closed conveyance for such 
streams.
    We are soliciting comments and data concerning wastewater streams 
containing only soluble HAP (less than 50 ppmw partially soluble HAP) 
that would be subject to the proposed rule to determine whether they 
represent a separate class of wastewater (or processes from which the 
streams originate) as compared to HON wastewater. The data should 
include stream flow volume, stream HAP concentrations, stream 
temperature at the point of determination, control option currently 
used to treat the stream, and whether the lines or sewer system used to 
convey the stream is closed or open.
    The HON requires that the sewer system conveying an affected

[[Page 16176]]

wastewater stream be closed. We understand from the industry that most 
sources have complied with the HON by installing steam strippers at the 
process so the existing sewer system did not have to be retrofitted 
down to the biological treatment unit. We are requesting owners and 
operators of processes covered by the proposed rule to comment on the 
installation of steam strippers at the process.
    We are also requesting information on unit operations that remove 
methanol or other soluble HAP from wastewater as efficiently as the 
design steam stripper in the HON.
12. What Comments Are We Soliciting on Process Change Management?
    We are soliciting information on process change management as it 
relates to title V permits. The 40 CFR part 70 regulations allow the 
source to account for operating scenarios the source owner or operator 
reasonably anticipates over the source of the permit term, without need 
for permit revision (40 CFR 70.6(a)(9)). Change management strategy is 
discussed in detail in the preamble to the promulgated NESHAP for 
Pharmaceuticals Production (63 FR 50309, September 21, 1998). We are 
soliciting comments on change management and especially change 
management for owners and operators complying with the proposed 
alternative standard that limits the outlet concentration of the 
control device.

IV. Summary of Environmental, Energy, and Economic Impacts

A. Miscellaneous Organic Chemical Manufacturing

    The basis for the estimated impacts for existing sources subject to 
the proposed NESHAP is discussed in a series of memoranda in the 
docket.
1. What Are the Air Quality Impacts?
    We estimated nationwide baseline HAP emissions from the 
Miscellaneous Organic Chemical Manufacturing source category to be 
44,700 Mg/yr (49,300 tons/yr). We estimated that the proposed standards 
in subpart FFFF will reduce HAP emissions by about 28,000 Mg/yr (31,000 
tons/yr). Because many of the HAP emitted by miscellaneous organic 
chemical manufacturing facilities are also VOC, the proposed NESHAP 
also will reduce VOC.
    Combustion of fuels in combustion-based control devices and to 
generate electricity and steam would increase secondary emissions of 
CO, NOX, SO2, and particulate matter less than 10 
microns in diameter (PM10). We estimate that these emissions 
would increase by about 1,270 Mg/yr (1,400 ton/yr). These impacts were 
estimated assuming electricity is generated in coal-fired power plants, 
steam is produced in natural gas-fired industrial boilers, and natural 
gas is used as the auxiliary fuel in incinerators and flares.
2. What Are the Cost Impacts?
    The cost impacts include the capital cost to install control 
devices and monitoring equipment, and include the annual costs involved 
in operating control devices and monitoring equipment, implementing 
work practices, and conducting performance tests. The annual cost 
impacts also include the cost savings generated by reducing the loss of 
product or solvent in the form of emissions. The total capital costs 
for existing sources are estimated to be $122 million, and the total 
annual costs for existing sources are estimated to be $75 million.
    We estimate that in the first 3 years after the effective date of 
subpart FFFF that the annual cost burden will average $3,200/yr per 
respondent for monitoring, recordkeeping, and reporting requirements 
for an estimated 251 sources. Most of these costs are for new and 
reconstructed sources that must be in compliance upon startup; other 
costs are for existing sources to prepare initial notifications and 
plans. In the 4th year after the effective date, existing facilities 
must begin to monitor and record operating parameters to comply with 
operating limits and prepare compliance reports, which will 
significantly increase the nationwide annual burden.
    We expect that the actual compliance cost impacts of the proposed 
NESHAP will be less than described above because of the potential to 
use common control devices, upgrade existing control devices, implement 
emissions averaging, or comply with the alternative standard. Because 
the effect of such practices is highly site-specific and data were 
unavailable to estimate how often the lower cost compliance practices 
could be utilized, we could not quantify the amount by which actual 
compliance costs will be reduced.
3. What Are the Economic Impacts?
    The economic impact analysis shows that the expected price increase 
for affected output would be 0.5 percent as a result of the proposed 
NESHAP for miscellaneous organic chemical manufacturers. The expected 
change in production of affected output is a reduction of 0.3 percent 
as a result of the proposed NESHAP. There is one plant closure expected 
out of the 207 facilities affected by the proposed NESHAP. It should be 
noted that the baseline economic conditions of the facility predicted 
to close affect the closure estimate provided by the economic model, 
and that the facility predicted to close appears to have low 
profitability levels currently. Therefore, it is likely that there is 
no adverse impact expected to occur for those industries that produce 
miscellaneous organic chemicals affected by the proposed NESHAP, such 
as soaps and cleaners, industrial organic chemicals, and agricultural 
chemicals.
4. What Are the Nonair Quality Health, Environmental, and Energy 
Impacts?
    With the assumption that overheads from steam stripping will be 
recoverable as material or fuel, no solid waste is expected to be 
generated from steam stripping of wastewater streams. No solid waste is 
expected to be generated from controls of other emission points. We 
expect the overall energy demand (i.e., for auxiliary fuel in 
incinerators, electricity generation, and steam production) to increase 
by an estimated 8.8 million gigajoules per year (GJ/yr) (8.37 trillion 
British thermal units per year (Btu/yr)).

B. Miscellaneous Coating Manufacturing

1. What Are the Air Quality Impacts?
    We estimated nationwide baseline HAP emissions from the 
Miscellaneous Coating Manufacturing source category to be 7,800 Mg/yr 
(8,600 tons/yr). We estimated that the proposed standards in subpart 
HHHHH will reduce HAP emissions by about 5,670 Mg/yr (6,250 tons/yr). 
Because many of the HAP emitted by miscellaneous coating manufacturing 
facilities are also VOC, the proposed NESHAP also will reduce VOC.
    Combustion of fuels to generate electricity and steam would 
increase secondary emissions of CO, NOX, SO2, and 
PM10. We estimate that these emissions would increase by 
about 34 Mg/yr (37 ton/yr). These impacts were estimated assuming 
electricity is generated in coal-fired power plants and steam is 
produced in natural gas-fired industrial boilers.
2. What Are the Cost Impacts?
    The cost impacts include the capital cost to install control 
devices and monitoring equipment, and it includes the annual costs 
involved in operating control devices and monitoring equipment, 
implementing work practices, and conducting performance tests. The 
annual cost impacts also

[[Page 16177]]

include the cost savings generated by reducing the loss of product or 
solvent in the form of emissions. The total capital costs for existing 
sources are estimated to be $57 million, and the total annual costs for 
existing sources are estimated to be $16 million.
    We estimate that in the first 3 years after the effective date of 
the proposed subpart HHHHH that the annual cost burden will average 
$3,500/yr per respondent for monitoring, recordkeeping, and reporting 
requirements for an estimated 129 sources. Most of these costs are for 
new and reconstructed sources that must be in compliance upon startup; 
other costs are for existing sources to prepare initial notifications 
and plans. In the 4th year after the effective date, existing 
facilities must begin to monitor and record operating parameters to 
comply with operating limits, and they must prepare compliance reports. 
These activities will significantly increase the nationwide annual 
burden.
    We expect that the actual compliance cost impacts of the proposed 
NESHAP will be less than described above because of the potential to 
use common control devices, upgrade existing control devices, implement 
emissions averaging, or comply with the preset temperature limits for 
condensers. Because the effect of such practices is highly site-
specific and data were unavailable to estimate how often the lower cost 
compliance practices could be utilized, we could not quantify the 
amount by which actual compliance costs will be reduced.
3. What Are the Economic Impacts?
    The economic impact analysis shows that the expected price increase 
for affected output would be 0.3 percent as a result of the proposed 
NESHAP for miscellaneous coating manufacturers. The expected change in 
production of affected output is a reduction of 0.1 percent as a result 
of the proposed NESHAP. There is one plant closure expected out of the 
127 facilities affected by the proposed NESHAP. It should be noted that 
the baseline economic conditions of the facility predicted to close 
affect the closure estimate provided by the economic model, and that 
the facility predicted to close appears to have low profitability 
levels currently. Therefore, it is likely that there is no adverse 
impact expected to occur for those industries that produce output 
affected by the proposed NESHAP, such as paints, inks, and adhesives.
4. What Are the Nonair Quality Health, Environmental, and Energy 
Impacts?
    We do not expect solid waste to be generated from controlling HAP 
emissions from miscellaneous coating manufacturing facilities. If a 
facility elects to control wastewater using a steam stripper, we expect 
that overheads from steam stripping will be recoverable as material or 
fuel, and that no solid waste would be generated. No solid waste is 
expected to be generated from controls of other emission points.
    We expect the overall energy demand (i.e., for electricity 
generation and steam production) to increase by an estimated 43,200 GJ/
yr (41.0 billion Btu/yr).

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 the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation 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, the EPA has 
submitted this action to OMB for review. Changes made in response to 
suggestions or recommendations from OMB will be documented and included 
in the public record.

B. Executive Order 13132, Federalism

    Executive Order 13132 (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.''
    Today's proposed rules do not have federalism implications. They 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 because State and 
local governments do not own or operate any sources that would be 
subject to the proposed NESHAP. Thus, the requirements of section 6 of 
the Executive Order do not apply to the proposed NESHAP.

C. Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.''
    The proposed rules do not have tribal implications. They will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. No 
tribal governments own or operate miscellaneous organic chemical 
manufacturing process units or miscellaneous coating operations. Thus, 
Executive Order 13175 does not apply to these proposed rules.

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

[[Page 16178]]

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 that 
EPA considered.
    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. Today's proposed NESHAP are 
not subject to the Executive Order because they are based on technology 
performance, not health or safety risks. Furthermore, the proposed 
NESHAP have been determined not to be ``economically significant'' as 
defined in Executive Order 12866.

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, and 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 the proposed NESHAP do not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual costs of the 
Miscellaneous Organic Chemical Manufacturing and the Miscellaneous 
Coating Manufacturing NESHAP for any year have been estimated to be 
less than $75 million and $16 million, respectively. Thus, today's 
proposed NESHAP are not subject to the requirements of sections 202 and 
205 of the UMRA. In addition, EPA has determined that the proposed 
NESHAP contain no regulatory requirements that might significantly or 
uniquely affect small governments because they contain no requirements 
that apply to such governments or impose obligations upon them. 
Therefore, today's proposed NESHAP are not subject to the requirements 
of section 203 of the UMRA.

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

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed subparts 
FFFF and HHHHH on small entities, small entity is defined as: (1) A 
small business ranging from up to 500 employees to up to 1,000 
employees, depending on the NAICS code, (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. The 
table below presents the threshold for small businesses by NAICS code.

------------------------------------------------------------------------
                                                         Maximum  number
                                                          of  employees
            Category                   NAICS codes            to be
                                                          considered  a
                                                         small  business
------------------------------------------------------------------------
Manufacturing..................  325110, 325120          1000
                                 325193, 325199
                                 325212, 325221
                                 325222, 325311
                                 325132, 325192          750
                                 325211, 325411
                                 325412, 325611
                                 325920
                                 325191, 325312          500
                                 325314, 325320
                                 325413, 325414
                                 325510, 325520
                                 325612, 325613
                                 325620, 325910
                                 325991, 325992
                                 325998
------------------------------------------------------------------------

    After considering the economic impacts of today's proposed subparts 
FFFF and HHHHH on small entities, I certify that this action will not 
have a significant economic impact on a substantial number of small 
entities.
    In accordance with the RFA, EPA conducted an assessment of the 
proposed standards on small businesses within the industries affected 
by the proposed NESHAP. Based on SBA size definitions for the affected 
industries and reported sales and employment data for the Miscellaneous 
Coating Manufacturing source category, EPA identified as small 
businesses 32 of the 58 companies owning affected coating manufacturing 
facilities. This constitutes 55 percent of the affected businesses. 
Although small businesses represent 55 percent of the companies within 
the source category, they are expected to incur 24 percent of the total 
industry compliance costs of $16 million. According to EPA's economic 
assessment, there are two small firms with compliance costs equal to or 
greater than 3 percent of their sales. In addition, there are five 
small firms with cost-to-sales ratios between 1 and 3 percent.
    An economic impact analysis was performed to estimate the changes 
in product price and production quantities for the firms affected by 
the proposed subpart HHHHH. The analysis shows that of the 70 
facilities owned by affected small firms, one is expected to shut down 
after the implementation of the proposed NESHAP.
    The baseline economic condition of the facility predicted to close 
affects the closure estimate provided by the economic model. Facilities 
that are already experiencing adverse economic conditions will be more 
severely

[[Page 16179]]

impacted than those that are not. Our analysis indicates that the 
facility predicted to close currently has low profitability levels.
    As for the Miscellaneous Organic Chemical Manufacturing source 
category, based on SBA size definitions for the affected industries and 
reported sales and employment data, EPA identified as small businesses 
27 of the 113 companies owning affected miscellaneous organic chemical 
manufacturing facilities. This constitutes 24 percent of the affected 
businesses. Although small businesses represent 24 percent of the 
companies within the source category, they are expected to incur 6 
percent of the total industry compliance costs of $75 million. 
According to EPA's economic assessment, there is one small firm with 
compliance costs equal to or greater than 3 percent of their sales. In 
addition, there are three small firms with cost-to-sales ratios between 
1 and 3 percent.
    An economic impact analysis was performed to estimate the changes 
in product price and production quantities for the firms affected by 
the proposed subpart FFFF. The analysis shows that of the 49 facilities 
owned by affected small firms, one is expected to shut down after the 
implementation of the proposed NESHAP.
    It should be noted that the baseline economic condition of the 
facility predicted to close affects the closure estimate provided by 
the economic model, i.e., facilities which are already experiencing 
adverse economic conditions will be more severely impacted than those 
that are not, and that the facility predicted to close appears to have 
low profitability levels currently.
    In summary, this action will affect 59 companies, out of 171 
affected companies, owning coating and organic chemical manufacturing 
facilities as small businesses. Small firms will incur approximately 
$8.3 million of the total industry compliance costs of $91 million. A 
total of three small firms will have compliance costs equal to or 
greater than 3 percent of their sales, and eight small firms will have 
cost-to-sales ratios between 1 and 3 percent. Two facilities owned by 
affected small firms are expected to shut down after the implementation 
of this action.
    Although the proposed NESHAP will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to limit the impact of the proposed NESHAP on small entities. We 
have worked closely with the National Paint and Coatings Association, 
the National Association of Printing Ink Manufacturers, the Adhesives 
and Sealants Council, the American Chemical Council, and the Synthetic 
Organic Chemical Manufacturers Association. These trade organizations, 
which represent the majority of facilities covered by these subparts, 
have represented their members at stakeholder meetings throughout the 
standards development process. We worked with the coating manufacturers 
to minimize the overlap of MACT standards and coordinate subpart HHHHH 
with MACT standards for coating applications. We worked with the small 
chemical manufacturers to develop a format for the process vent 
standard that is reasonable for the production of chemicals using batch 
processing in nondedicated equipment. We provide several alternative 
ways to comply with the standards to allow as much flexibility as 
possible. Emissions averaging and the pollution prevention alternative 
standards help those small entities that have been proactive in 
reducing their HAP emissions and usage, respectively. Another 
alternative standard requires the outlet concentration of the control 
device to be less than 20 ppmv. Under this alternative, recordkeeping 
and reporting requirements are greatly reduced. In addition, we have 
included in the preamble guidance for Part 70 requirements to minimize 
Title V permit modifications for owners and operators that make 
frequent changes to their processes. We continue to be interested in 
the potential impacts of the proposed NESHAP on small entities and 
welcome comments on issues related to such impacts.

G. Paperwork Reduction Act

    The information collection requirements in the proposed NESHAP will 
be submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. The EPA has prepared two ICR documents (ICR Nos. 
1969.01 and 1971.01), one for proposed subpart FFFF and the other for 
proposed subpart HHHHH, and copies may be obtained from Sandy Farmer by 
mail at the Office of Environmental Information, Collection Strategies 
Division (2822), U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 
20460, by email at [email protected], or by calling (202) 260-2740. 
Copies may also be downloaded off the internet at http://www.epa.gov/icr. The information requirements are not effective until OMB approves 
them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to EPA's policies set 
forth in 40 CFR part 2, subpart B.
    Both proposed NESHAP would require maintenance inspections of the 
control devices but would not require any notifications or reports 
beyond those required by the General Provisions. The recordkeeping 
requirements require only the specific information needed to determine 
compliance.
    The average annual monitoring, reporting, and recordkeeping burden 
per respondent for these collections (averaged over the first 3 years 
after the effective date of the NESHAP) is estimated to be 72 labor 
hours per year at a cost of $3,200 for proposed subpart FFFF, and 79 
labor hours per year at a cost of $3,500 for proposed subpart HHHHH. 
These estimates include one-time submissions of notifications and 
precompliance reports; preparation of a startup, shutdown, and 
malfunction plan with semiannual reports for any event when the 
procedures in the plan were not followed; preparation of semiannual 
compliance reports; and recordkeeping. Total annualized capital/startup 
costs associated with the monitoring requirements for the 3-year period 
of the ICR are estimated at $256,000/yr for proposed subpart FFFF and 
$10,000/yr for proposed subpart HHHHH. Average operation and 
maintenance costs associated with the monitoring requirements for the 
3-year period are estimated at $92,000/yr for proposed subpart FFFF and 
$34,000/yr for proposed subpart HHHHH.
    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

[[Page 16180]]

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.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, Collection Strategies Division; U.S. EPA (2822); 1200 
Pennsylvania Ave., N.W., Washington, DC 20460; and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th St., NW., Washington, DC 20503, marked ``Attention: Desk 
Officer for EPA.'' Include the ICR number in any correspondence. Since 
OMB is required to make a decision concerning the ICR between 30 and 60 
days after April 4, 2002, a comment to OMB is best assured of having 
its full effect if OMB receives it by May 6, 2002. The final rule will 
respond to any OMB or public comment on the information requirements 
contained in this proposal.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113) (15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    This proposed rulemaking involves technical standards. The EPA 
proposes in this rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2G, 2F, 
3, 3A, 3B, 4, 15, 18, 25, 25A, 305, 316, 320, 624, 625, 1624, 1625, 
8260, and 8270. Consistent with the NTTAA, the EPA conducted searches 
to identify voluntary consensus standards in addition to these EPA 
methods. The search and review results have been documented and placed 
in the docket for these NESHAP (Docket A-96-04). The search for 
emissions monitoring procedures for measuring emissions of the HAP or 
surrogates subject to emission limitations in these NESHAP identified 
19 voluntary consensus standards that appeared to have possible use in 
lieu of EPA standard reference methods. However, after reviewing the 
available standards, EPA determined that 13 of the candidate consensus 
standards would not be practical due to lack of equivalency, 
documentation, and validation data. The 13 standards are: ASME C00031 
or Performance Test Code 19-10-1981, ASTM D3154-91 (1995), ASTM D3464-
96, ASTM D3796-90 (1998), ASTM D5835-95, ASTM D6060-96, ASTM E337-84 
(Reapproved 1996), CAN/CSA Z2232.2-M-86, European Norm (EN) 12619 
(1999), EN 1911-1,2,3 (1998), ISO 9096:1992, ISO 10396:1993, and ISO 
10780:1994. Of the six remaining candidate consensus standards, the 
following five are under development or under EPA review: ASME/BSR MFC 
12M, ASME/BSR MFC 13m, ASTM D5790-95 (1995), ISO/DIS 12039, and ISO/
FDIS 14965. The EPA plans to follow, review, and consider adopting 
these candidate consensus standards after their development and further 
review by EPA is completed.
    One consensus standard, ASTM D6420-99, Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry (GC/MS), is appropriate in the cases 
described below for inclusion in these NESHAP in addition to the 
currently available EPA Method 18 codified at 40 CFR part 60, appendix 
A. Similar to EPA's performance based Method 18, ASTM D6420-99 is also 
a performance based method for measurement of gaseous organic 
compounds. However, ASTM D6420-99 was written to support the specific 
use of highly portable and automated GC/MS. While offering advantages 
over the traditional Method 18, the ASTM method does allow some less 
stringent criteria for accepting GC/MS results than required by Method 
18. Therefore, ASTM D6420-99 (Docket A-96-04) is a suitable alternative 
to Method 18 where the target compound(s) are those listed in Section 
1.1 of ASTM D6420-99 (Docket citation of table); and the target 
concentration is between 150 ppb(v) and 100 ppm(v).
    For target compound(s) not listed in Table 1.1 of ASTM D6420-99, 
but potentially detected by mass spectrometry, the regulation specifies 
that the additional system continuing calibration check after each run, 
as detailed in Section 10.5.3 of the ASTM method, must be followed, 
met, documented, and submitted with the data report even if there is no 
moisture condenser used or the compound is not considered water 
soluble.
    As a result, EPA proposes to incorporate by reference (IBR) ASTM 
6420-99 into 40 CFR 63.14 for application with these subparts FFFF and 
HHHHH of part 63. The EPA will also cite Method 18 as a gas 
chromatography (GC) option in addition to ASTM D6420-99. This will 
allow the continued use of other GC configurations.
    The EPA takes comment on proposed compliance demonstration 
requirements proposed in this proposed rulemaking and specifically 
invites the public to identify potentially-applicable voluntary 
consensus standards. Commenters should also explain why this regulation 
should adopt these voluntary consensus standards in lieu of EPA's 
standards. Emission test methods and performance specifications 
submitted for evaluation should be accompanied with a basis for the 
recommendation, including method validation data and the procedure used 
to validate the candidate method (for other than Method 301, 40 CFR 
part 63, appendix A, was used).
    Table 9 of the proposed subpart FFFF and Table 8 of the proposed 
subpart HHHHH list the EPA testing methods and performance standards 
included in the proposed regulations. Most of the standards have been 
used by States and industry for more than 10 years. Nevertheless, under 
Sec. 63.7(f), the proposal also allows any State or source to apply to 
EPA for permission to use an alternative method in place of any of the 
EPA testing methods or performance standards listed in the proposed 
NESHAP.

I. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    These rules are not subject to Executive Order 13211, (66 FR 28355, 
May 22, 2001) because they are not significant regulatory actions under 
Executive Order 12866.

List of Subjects in 40 CFR Part 63

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


[[Page 16181]]


    Dated: February 20, 2002.
Christine Todd Whitman,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
63, of the Code of the Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

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

Subpart FFFF--National Emission Standards for Hazardous Air 
Pollutants for Miscellaneous Organic Chemical Manufacturing

Sec.

What this Subpart Covers

63.2430   What is the purpose of this subpart?
63.2435   Am I subject to the requirements in this subpart?
63.2440   What parts of my plant does this subpart cover?
63.2445   When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.2450   What emission limitations and work practice standards must 
I meet?

General Compliance Requirements

63.2455   What are my general requirements for complying with this 
subpart?

Testing and Initial Compliance Requirements

63.2460   How do I determine whether vent streams and wastewater 
streams meet the applicability criteria?
63.2465   By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.2470   What performance tests, design evaluations, and other 
procedures must I use?
63.2475   What are my monitoring device installation, operation, and 
maintenance requirements?
63.2480   How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

Continuous Compliance Requirements

63.2485   How do I monitor and collect data to demonstrate 
continuous compliance?
63.2490   How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

Alternative Means of Compliance

63.2495   How do I comply with the pollution prevention standard?
63.2500   How do I comply with emissions averaging?
63.2505   How do I comply with the alternative standard?
63.2510   How may I transfer wastewater to a treatment unit that I 
do not own or operate?

Notifications, Reports, and Records

63.2515   What notifications must I submit and when?
63.2520   What reports must I submit and when?
63.2525   What records must I keep?
63.2530   In what form and how long must I keep my records?

Other Requirements and Information

63.2535   What compliance options do I have if part of my plant is 
subject to both this subpart and another subpart?
63.2540   What parts of the General Provisions apply to me?
63.2545   Who implements and enforces this subpart?
63.2550   What definitions apply to this subpart?

Tables to Subpart FFFF of Part 63

Table 1 to Subpart FFFF--Emission Limitations and Work Practice 
Standards for Continuous Process Vents
Table 2 to Subpart FFFF--Emission Limitations and Work Practice 
Standards for Batch Process Vents
Table 3 to Subpart FFFF--Emission Limitations and Work Practice 
Standards for Wastewater Streams, Waste Management Units, and Liquid 
Streams in Open Systems Within an MCPU
Table 4 to Subpart FFFF--Emission Limitations and Work Practice 
Standards for Storage Tanks
Table 5 to Subpart FFFF--Work Practice Standards for Equipment 
Leaks, Closed-Vent Systems, and Heat Exchange Systems
Table 6 to Subpart FFFF--Emission Limitations and Work Practice 
Standards for Transfer Operations
Table 7 to Subpart FFFF--Emission Limitations for Halogenated Vent 
Streams that are Controlled with a Combustion Device
Table 8 to Subpart FFFF--Operating Limits and Work Practice 
Standards for Control Devices, Recovery Devices, and Wastewater 
Treatment Units
Table 9 to Subpart FFFF--Requirements for Performance Tests
Table 10 to Subpart FFFF--Initial Compliance With Emission 
Limitations and Work Practice Standards for Continuous Process Vents
Table 11 to Subpart FFFF--Initial Compliance With Emission 
Limitations and Work Practice Standards for Batch Process Vents
Table 12 to Subpart FFFF--Initial Compliance With Emission 
Limitations and Work Practice Standards for Wastewater Streams, 
Waste Management Units, and Liquid Streams in Open Systems Within an 
MCPU
Table 13 to Subpart FFFF--Initial Compliance With Emission 
Limitations and Work Practice Standards for Storage Tanks
Table 14 to Subpart FFFF--Initial Compliance With Work Practice 
Standards for Equipment Leaks, Closed-Vent Systems, and Heat 
Exchange Systems
Table 15 to Subpart FFFF--Initial Compliance With Emission 
Limitations and Work Practice Standards for Transfer Operations
Table 16 to Subpart FFFF--Initial Compliance With Emission 
Limitations for Halogenated Vent Streams Controlled with a 
Combustion Device
Table 17 to Subpart FFFF--Continuous Compliance with Emission 
Limitations
Table 18 to Subpart FFFF--Continuous Compliance with Operating 
Limits
Table 19 to Subpart FFFF--Continuous Compliance with Work Practice 
Standards
Table 20 to Subpart FFFF--Requirements for Reports
Table 21 to Subpart FFFF--Applicability of General Provisions to 
Subpart FFFF

Subpart FFFF--National Emission Standards for Hazardous Air 
Pollutants for Miscellaneous Organic Chemical Manufacturing

What this Subpart Covers


Sec. 63.2430  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous organic chemical 
manufacturing. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emission 
limitations and work practice standards.


Sec. 63.2435  Am I subject to the requirements in this subpart?

    (a) You are subject to the requirements in this subpart if you own 
or operate miscellaneous organic chemical manufacturing process units 
(MCPU) that are located at, or are part of, a major source of hazardous 
air pollutants (HAP) emissions as defined in section 112(a) of the 
Clean Air Act (CAA).
    (b) An MCPU includes equipment necessary to operate a miscellaneous 
organic chemical manufacturing process, as defined in Sec. 63.2550, 
that satisfies all of the conditions specified in paragraphs (b)(1) 
through (3) of this section. An MCPU also includes any associated 
storage tanks for feedstocks and recovered solvents; equipment in open 
systems that is used to convey or store water having the same 
concentration and flow characteristics as wastewater; and components 
such as pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, and instrumentation systems that are used to manufacture 
any material or family of materials described in paragraphs (b)(1)(i) 
through (v) of this section. You must assign

[[Page 16182]]

storage tanks to the MCPU according to the provisions contained in 
Sec. 63.2440(c).
    (1) The material or family of materials is described in paragraph 
(b)(1)(i), (ii), (iii), (iv), or (v) of this section.
    (i) An organic chemical or chemicals classified in SIC code 282, 
283, 284, 285, 286, 287, 289, or 386, except as provided in paragraph 
(c)(3) of this section.
    (ii) An organic chemical or chemicals classified in NAICS Code 
3251, 3252, 3253, 3254, 3255, 3256, or 3259, except for NAICS Codes 
325351 and 325181 and as provided in paragraph (c)(3) of this section.
    (iii) Quaternary ammonium compounds and ammonium sulfate produced 
with caprolactam.
    (iv) Hydrazine.
    (v) Organic solvents recovered using nondedicated solvent recovery 
devices.
    (2) It processes, uses, or produces HAP.
    (3) Except for process vents from batch operations within a 
chemical manufacturing process unit (CMPU), as identified in 
Sec. 63.100(j)(4), it is not part of an affected source under another 
subpart of this part 63. For this situation, the MCPU is the same as 
the CMPU as defined in Sec. 63.100. For these MCPU, you are subject 
only to the requirements for batch process vents in this subpart.
    (c) The requirements in this subpart do not apply to the operations 
specified in paragraphs (c)(1), (2), and (3) of this section.
    (1) Research and development facilities, as defined in section 
112(c)(7) of the CAA.
    (2) Any MCPU that manufactures ammonium sulfate as a by-product, if 
the slurry entering the by-product manufacturing process contains 50 
parts per million by weight (ppmw) HAP or less (or 10 ppmw benzene or 
less). You must retain information, data, and analysis to document the 
HAP concentration in the entering slurry in order to claim this 
exemption.
    (3) The production of coatings including, but not limited to, inks, 
paints, and adhesives that are manufactured solely by mixing and that 
are part of an affected source under subpart HHHHH of this part 63.


Sec. 63.2440  What parts of my plant do the requirements in this 
subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
miscellaneous organic chemical manufacturing affected source.
    (b) The miscellaneous organic chemical manufacturing affected 
source is the facilitywide collection of MCPU and associated ancillary 
equipment such as heat exchange systems, waste water and waste 
management units, and transfer operations that are associated with 
manufacturing materials described in Sec. 63.2435(b)(1).
    (c) You must consider storage tanks to be part of the MCPU if 
either the input to the storage tank from the miscellaneous organic 
chemical manufacturing process (either directly or through other 
storage tanks assigned to the MCPU) is greater than or equal to the 
input from any other process, or the output from the storage tank to 
the miscellaneous organic chemical manufacturing process (either 
directly or through other storage tanks assigned to the MCPU) is 
greater than or equal to the output to any other process. If the 
greatest input to and/or output from a shared storage tank is the same 
for two or more processes, including at least one miscellaneous organic 
chemical manufacturing process, you may assign the storage tank to any 
process unit that has the greatest input or output. If the use varies 
from year to year, then you must base the determination on the 
utilization that occurred during the year preceding [date of 
publication of final rule] or, if the storage tank was not in operation 
during that year, you must base the use on the expected use for the 
first 5-year period after startup. You must include the determination 
in the Notification of Compliance Status specified in Sec. 63.2515(e).
    (d) An affected source is a new affected source if you commenced 
construction of the affected source after April 4, 2002, and you meet 
the applicability criteria at the time you commenced construction.
    (e) An MCPU dedicated to manufacturing a single material (or 
concurrent production of multiple materials) is a new affected source 
if the MCPU has the potential to emit 10 tons per year of any one HAP 
or 25 tons per year of combined HAP, and you commenced construction of 
the MCPU after April 4, 2002.
    (f) An affected source is reconstructed if you commenced 
reconstruction as defined in Sec. 63.2 after April 4, 2002, except that 
the phrase ``affected or previously unaffected stationary source'' in 
Sec. 63.2 shall mean ``affected source'' for the purposes of this 
subpart.
    (g) An MCPU that is a major source in and by itself and is 
dedicated to manufacturing a single material (or concurrent production 
of multiple materials) is reconstructed if you commenced reconstruction 
as defined in Sec. 63.2 after April 4, 2002, except that the phrase 
``affected or previously unaffected stationary source'' in Sec. 63.2 
means ``MCPU'' for the purposes of this subpart.
    (h) An MCPU that is also a CMPU under Sec. 63.100 is reconstructed 
for the purposes of this subpart if, and only if, the CMPU meets the 
requirements for reconstruction in Sec. 63.100(l)(2).
    (i) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.2445  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to the requirements in paragraphs 
(a)(1) and (2) of this section.
    (1) If you startup your new or reconstructed affected source before 
the effective date of this subpart, then you must comply with the 
requirements for new and reconstructed sources in this subpart no later 
than the effective date of the subpart.
    (2) If you startup your new or reconstructed affected source after 
the effective date of this subpart, then you must comply with the 
requirements for new and reconstructed sources in this subpart upon 
startup of your affected source.
    (b) If you have an existing affected source on the effective date, 
you must comply with the requirements for existing sources in this 
subpart no later than the date 3 years after the effective date of this 
subpart. If you add equipment to your existing affected source after 
the effective date and before the date 3 years after the effective 
date, you must comply with the requirements for existing sources in 
this subpart no later than the date 3 years after the effective date of 
this subpart for the added equipment.
    (c) If you add equipment to your existing affected source after the 
date 3 years after the effective date, you must comply with the 
requirements for existing sources in this subpart upon startup of the 
added equipment.
    (d) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, you must 
comply with the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) Any portion of the existing facility that is a new affected 
source or a reconstructed source must be in compliance with the 
requirements for new and reconstructed sources in this subpart upon 
startup.
    (2) All other parts of the source must be in compliance with the 
requirements for existing sources in this subpart by the date 1 year 
after the date the area source becomes a major source.

[[Page 16183]]

    (e) You must meet the notification requirements in Sec. 63.2515 
according to the schedule in Sec. 63.2515 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations and work practice 
standards in this subpart.

Emission Limitations and Work Practice Standards


Sec. 63.2450  What emission limitations and work practice standards 
must I meet?

    (a) You must meet each emission limitation and work practice 
standard in Tables 1 through 7 of this subpart that applies to you as 
specified in paragraphs (a)(1) through (7) of this section.
    (1) Table 1 of this subpart specifies emission limitations and work 
practice standards for continuous process vents.
    (2) Table 2 of this subpart specifies emission limitations and work 
practice standards for batch process vents.
    (3) Table 3 of this subpart specifies emission limitations and work 
practice standards for wastewater streams, waste management units, and 
liquid streams in open systems within an MCPU.
    (4) Table 4 of this subpart specifies emission limitations and work 
practice standards for storage tanks.
    (5) Table 5 of this subpart specifies work practice standards for 
equipment leaks, closed-vent systems, and heat exchange systems.
    (6) Table 6 of this subpart specifies emission limitations and work 
practice standards for transfer operations.
    (7) Table 7 of this subpart specifies emission limitations for 
halogenated vent streams that are controlled with a combustion device.
    (b) You must determine the total resource effectiveness value for 
each continuous process vent using the procedures described in 
Sec. 63.2460(a).
    (c) If an emission stream contains halogen atoms, you must 
determine whether it meets the definition of a halogenated stream using 
the procedures specified in Sec. 63.2460(b).
    (d) You must either designate a wastewater stream as an affected 
wastewater stream or determine that it is an affected wastewater stream 
using the procedures specified in Sec. 63.2460(c).
    (e) You must meet each operating limit for control devices, 
recovery devices, and wastewater treatment units in Table 8 of this 
subpart that applies to you.
    (f) All emission limitations, operating limits, and work practice 
standards in Tables 1 through 8 of this subpart apply to new, 
reconstructed, and existing sources, unless limited to specific sources 
within the tables.
    (g) As provided in Sec. 63.6(g), you may apply to EPA for approval 
to use an alternative to an emission limitation or work practice 
standard in Tables 1 through 8 of this subpart.
    (h) Opening of a safety device, as defined in Sec. 63.2550, is 
allowed at any time conditions require to avoid unsafe conditions.
    (i) The emission limitations in Table 4 of this subpart for control 
devices used to control emissions from storage tanks do not apply 
during periods of planned routine maintenance. Periods of planned 
routine maintenance of each control device, during which the control 
device does not meet the emission limitation specified in Table 4 of 
this subpart, must not exceed 240 hours per year.

General Compliance Requirements


Sec. 63.2455  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) and the work practice standards in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (1) During the period, if any, between the compliance date 
specified for your affected source in Sec. 63.2445 and the date upon 
which continuous monitoring systems have been installed and validated 
and any applicable operating limits have been set, you must maintain a 
log detailing the operation and maintenance of the process and 
emissions control equipment.
    (2) [Reserved].
    (c) You must develop and implement a written startup, shutdown, and 
malfunction plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
    (d) If you use a boiler or process heater to comply with an 
emission limitation, then the vent stream must be introduced into the 
flame zone of the boiler or process heater.
    (e) After you treat an affected wastewater stream or residual 
removed from an affected wastewater stream, it is no longer subject to 
this subpart.
    (f) You are not required to conduct a performance test or design 
evaluation when you use any of the units specified in paragraphs (f)(1) 
through (4) of this section to meet emission limitations specified in 
Sec. 63.2450. You also are exempt from the continuous compliance, 
recordkeeping, and reporting requirements specified in Secs. 63.2485 
through 63.2530 for any of these units. This exemption applies to units 
used as control devices or wastewater treatment units.
    (1) A hazardous waste incinerator that has been issued a final 
permit under 40 CFR part 270 and that complies with the requirements of 
40 CFR part 264, subpart O, or that has certified compliance with the 
interim status requirements of 40 CFR part 265, subpart O;
    (2) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater;
    (3) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel; or
    (4) A boiler or process heater burning hazardous waste that meets 
the requirements in paragraph (f)(4)(i) or (ii) of this section:
    (i) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (ii) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (g) When this subpart requires the use of a control device, you may 
use either a single control device or any combination of control 
devices.

Testing and Initial Compliance Requirements


Sec. 63.2460  How do I determine whether vent streams and wastewater 
streams meet the applicability criteria?

    (a) Determine affected continuous process vents. For each 
continuous process vent from an MCPU, you must determine the total 
resource effectiveness (TRE) index value as specified in 
Sec. 63.115(d), except as specified in paragraphs (a)(1) and (2) of 
this section.
    (1) When a TRE index value of 4.0 is referred to in Sec. 63.115(d), 
TRE index values of 2.6 for existing sources and 5.0 for new and 
reconstructed sources apply for the purposes of this subpart.
    (2) When Sec. 63.115(d) refers to ``emission reductions specified 
in Sec. 63.113(a),'' the emission limitations and work practice 
standards specified in Table 1 of this subpart apply for the purposes 
of this subpart.
    (b) Determine halogenated vent streams. To determine whether an 
emission stream from a process vent, waste management unit, or transfer 
operation is halogenated, you must calculate the halogen atom levels as

[[Page 16184]]

specified in paragraphs (b)(1) and (2) of this section.
    (1) For continuous process vents, calculate the mass emission rate 
of halogen atoms contained in the organic compounds according to the 
procedures in Sec. 63.115(d)(2)(v).
    (2) For emission streams from batch process vents, waste management 
units, and transfer operations, calculate the concentration of each 
organic compound containing halogen atoms in accordance with 
Sec. 63.115(d)(2)(v)(A), multiply each concentration by the applicable 
number of halogen atoms in the organic compound, and sum the resulting 
halogen atom concentrations associated with each organic compound.
    (c) Determine affected wastewater streams. For each wastewater 
stream that you generate, you must either designate the wastewater 
stream as an affected wastewater stream according to the procedures in 
paragraph (c)(1) of this section, or you must determine whether the 
wastewater stream is an affected wastewater stream according to the 
procedures in paragraph (c)(2) of this section. Each affected 
wastewater stream is subject to the requirements in Table 3 of this 
subpart.
    (1) You may designate any wastewater stream to be an affected 
wastewater stream. You do not have to determine the concentration or 
flow rate for any designated affected wastewater stream.
    (2) For wastewater streams that you do not designate as affected 
wastewater streams, you must use the procedures specified in 
Sec. 63.144(b) and (c) to establish the concentrations and flow rates, 
except as specified in paragraphs (c)(2)(i) and (ii) of this section.
    (i) The phrase ``Group 1 wastewater stream'' in Sec. 63.144 means 
``affected wastewater stream'' for the purposes of this subpart.
    (ii) The phrase ``Group 2 wastewater stream'' means any wastewater 
stream that is not an affected wastewater stream for the purposes of 
this subpart.


Sec. 63.2465  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) If you have an existing affected source on the effective date 
of this subpart, you must conduct all initial compliance demonstrations 
required in Tables 10 through 16 of this subpart that apply to you 
prior to the date 3 years after the effective date.
    (b) If you have a new affected source or a reconstructed source, 
you must conduct all initial compliance demonstrations required in 
Tables 10 through 16 of this subpart that apply to you no later than 
180 calendar days after the applicable compliance date specified in 
Sec. 63.2445(a). You must also comply with Sec. 63.7(a)(2) for 
performance tests.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source, you must conduct 
all initial compliance demonstrations required in Tables 10 through 16 
of this subpart that apply to you in accordance with the schedule 
specified in paragraphs (c)(1) and (2) of this section.
    (1) For those parts of the source that are an existing affected 
source, you must conduct all initial compliance demonstrations prior to 
the date 1 year after the area source becomes a major source.
    (2) For those parts of the source that are a new affected source or 
reconstructed source, you must conduct all initial compliance 
demonstrations no later than 180 calendar days after startup. You must 
also comply with Sec. 63.7(a)(2) for performance tests.
    (d) You must conduct a subsequent performance test or compliance 
demonstration equivalent to an initial compliance demonstration within 
180 days of a change in the worst-case conditions.


Sec. 63.2470  What performance tests, design evaluations, and other 
procedures must I use?

    (a) You must conduct each performance test, design evaluation, and 
other procedure specified in Tables 10 through 16 of this subpart that 
applies to you.
    (b) When you are required to calculate uncontrolled emissions from 
batch vents according to Sec. 63.1257(d)(2)(i), use any applicable 
option except you may not calculate emissions from heating using 
Equation 13 of subpart GGG of this part, or emissions from 
depressurization using the procedures in Sec. 63.1257(d)(2)(i)(C)(1) 
through (4).
    (c) Requirements for performance tests. Each performance test must 
be conducted according to the requirements in Sec. 63.7(e)(1), except 
that performance tests for HAP from batch process vents must be 
conducted according to paragraph (c)(3) of this section and not under 
normal operating conditions as specified in Sec. 63.7(e)(1). 
Performance tests also must be conducted using the methods and 
procedures specified in Table 9 of this subpart and in paragraphs 
(c)(1) through (15) of this section.
    (1) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (2) When you conduct a performance test for a control device used 
to control emissions from continuous process vents, you must conduct 
the test according to Sec. 63.997.
    (3) When you conduct a performance test for a control device used 
to control emissions from batch process vents, you must conduct the 
test according to Sec. 63.1257(b)(8).
    (4) When you conduct a performance test for a wastewater treatment 
unit or control device, you must conduct the test according to 
Sec. 63.145.
    (5) You do not have to conduct a performance test for any 
condenser, but you must have the results of continuous direct 
measurement of the condenser outlet gas temperature to be used in 
determining concentrations as part of the design evaluation specified 
in paragraph (d) of this section.
    (6) If you elect to use Method 18 of 40 CFR part 60, appendix A, or 
ASTM D6420-99 (incorporated by reference as specified in Sec. 63.14), 
to measure the percent reduction of HAP as specified in Table 9 of this 
subpart, you must conduct the performance test using the procedures in 
paragraphs (c)(6)(i) through (iii) of this section.
    (i) In conducting the performance test, collect and analyze samples 
as specified in Method 18 or ASTM D6420-99. You must collect samples 
simultaneously at the inlet and outlet of the combustion device. If the 
performance test is for a combustion control device, you must first 
determine which HAP are present in the inlet gas stream (i.e., 
uncontrolled emissions) using process knowledge or the screening 
procedure described in Method 18. Quantify the emissions for the HAP 
present in the inlet gas stream for both the inlet and outlet gas 
streams for the combustion device.
    (ii) Calculate the concentration and emission rate of total organic 
HAP (EHAP) in the inlet and outlet vent streams using the 
equations in Secs. 63.115(c)(3)(ii) and 63.116(c)(4)(ii).
    (iii) Calculate the percent reduction in total organic HAP using 
the equation in Sec. 63.116(c)(4)(iii).
    (7) If you elect to use Method 25A of 40 CFR part 60, appendix A, 
to determine the percent reduction efficiency of a vent stream 
controlled in a noncombusion device as specified in Table 9 of this 
subpart, you must conduct the performance test in accordance with 
paragraphs (c)(7)(i) through (iv) of this section.
    (i) Calibrate the instrument on the predominant HAP.
    (ii) The results are acceptable if the response from the high level 
calibration gas is at least 20 times the standard deviation for the 
response from the zero calibration gas when the instrument is zeroed on 
its most sensitive scale.

[[Page 16185]]

    (iii) Calculate the inlet and outlet concentrations of Total 
Organic Compound (TOC) per Section 8 of Method 25A. Calculate the 
emission rate of TOC (ETOC) in the inlet and outlet vent 
streams using the equation in Sec. 63.116(c)(4)(ii).
    (iv) Calculate the percent reduction in TOC using the equation in 
Sec. 63.116(c)(4)(iii).
    (8) If you elect to use Method 18 of 40 CFR part 60, appendix A, or 
ASTM D6420-99 (incorporated by reference as specified in Sec. 63.14), 
to measure the total concentration of HAP at the outlet of the control 
device, as specified in Table 9 of this subpart, you must conduct the 
performance test using procedures in paragraphs (c)(8)(i) and (ii) of 
this section.
    (i) For a combustion control device, you must first determine which 
HAP are present in the inlet gas stream using process knowledge or the 
screening procedure described in Method 18. In conducting the 
performance test, analyze samples collected at the outlet of the 
combustion control device as specified in Method 18 or ASTM D6420-99 
for the HAP compounds present at the inlet of the control device.
    (ii) The total HAP concentration (CHAP) is the sum of 
the concentrations of the individual HAP components and must be 
computed for each run using the equation in Sec. 63.115(c)(3)(ii).
    (9) If you elect to use Method 25A of 40 CFR part 60, appendix A, 
to measure the TOC concentration of the outlet vent stream as specified 
in Table 9 of this subpart, you must conduct the performance test using 
the procedures in paragraphs (c)(9)(i) through (iii) of this section.
    (i) Calibrate the instrument on the predominant HAP.
    (ii) Conduct the performance test in accordance with paragraphs 
(c)(9)(ii)(A) and (B) of this section as follows:
    (A) The results are acceptable if the response from the high level 
calibration gas is at least 20 times the standard deviation for the 
response from the zero calibration gas when the instrument is zeroed on 
its most sensitive scale; and
    (B) The span value of the analyzer must be less than 100 parts per 
million by volume (ppmv).
    (iii) Report the results as carbon, calculated according to 
equation 25A-1 of Method 25A.
    (10) If you elect to use Method 25 of 40 CFR part 60, appendix A, 
to determine the percent reduction of TOC of a vent stream controlled 
in a combustion device as specified in Table 9 of this subpart, you 
must conduct the performance test using the procedures in paragraphs 
(c)(10)(i) through (iii) of this section.
    (i) Measure the total gaseous non-methane organic (TGNMO) 
concentration of the inlet and outlet vent streams using the procedures 
of Method 25, except that you may use Method 25A in lieu of Method 25 
if the condition in either paragraph (c)(10)(i)(A) or (B) of this 
section is met.
    (A) The concentration at the inlet to the control system and the 
required level of control are such to result in exhaust TGNMO 
concentrations of 50 ppmv or less.
    (B) Because of the high efficiency of the control device, the 
anticipated TGNMO concentration at the control device exhaust is 50 
ppmv or less, regardless of the inlet concentration.
    (ii) Using the TGNMO concentration from Method 25 or the TOC 
concentration from method 25A, calculate the emission rate of TOC 
(ETOC) in the inlet and outlet vent streams according to 
paragraph (c)(7)(iii) of this section.
    (iii) Calculate the percent reduction in TOC according to paragraph 
(c)(7)(iv) of this section.
    (11) You must use Method 26 in appendix A to part 60 to measure 
hydrogen halide and halogen concentrations as specified in Table 9 of 
this subpart, and you must conduct the performance test using the 
procedures in paragraphs (c)(11)(i) and (ii) of this section.
    (i) Use a minimum sampling time of 1 hour.
    (ii) Use Method 26A in lieu of Method 26 when measuring emissions 
at the outlet of a scrubber where the potential for mist carryover 
exists.
    (12) If the uncontrolled or inlet gas stream to the control device 
contains formaldehyde, you must conduct emissions testing according to 
paragraph (c)(12)(i) or (ii) of this section.
    (i) If you elect to comply with any of the percent reduction 
emission limitations in Tables 1 through 6, and formaldehyde is the 
principal HAP component (i.e., greater than 50 percent of the HAP in 
the stream by volume), than you must use method 316 or Method 320 (40 
CFR part 63, appendix A) to measure formaldehyde at the inlet and 
outlet of the control device. Use the percent reduction in formaldehyde 
as a surrogate for the percent reduction in total HAP emissions.
    (ii) If you elect to comply with any of the outlet TOC 
concentration limitations in Tables 1 through 6 of this subpart, and 
the uncontrolled or inlet gas stream to the control device contains 
greater than 10 percent (volume concentration) formaldehyde, you must 
use Method 316 or Method 320 (40 CFR part 63, appendix A) to separately 
determine the formaldehyde concentration. Calculate the total HAP or 
TOC emissions by totaling the formaldehyde emissions measured using 
Method 316 or 320 and the other HAP emissions measured using Method 18 
or 25/25A according to Table 9 of this subpart.
    (13) If the uncontrolled or inlet gas stream to the control device 
contains carbon disulfide, you must conduct emissions testing according 
to paragraphs (c)(13)(i) or (ii) of this section.
    (i) If you elect to comply with any of the percent reduction 
emission limitations in Tables 1 through 6 of this subpart, and carbon 
disulfide is the principal HAP component (i.e., greater than 50 percent 
of the HAP in the stream by volume), then you must use Method 18 or 
Method 15 (40 CFR part 60, appendix A) to measure carbon disulfide at 
the inlet and outlet of the control device. Use the percent reduction 
in carbon disulfide as a surrogate for the percent reduction in total 
HAP emissions.
    (ii) If you elect to comply with any of the outlet TOC 
concentration limitations in Table 1 through 6 of this subpart, and the 
uncontrolled or inlet gas stream to the control device contains greater 
than 10 percent (volume concentration) carbon disulfide, you must use 
Method 18 or Method 15 to separately determine the carbon disulfide 
concentration. Calculate the total HAP or TOC emissions by totaling the 
formaldehyde emissions measured using Method 18 or 15 and the other HAP 
emissions measured using Method 18 or 25/25A according to Table 9 of 
this subpart.
    (14) You may use ASTM D6420-99 (incorporated by reference as 
specified in Sec. 63.14) in lieu of Method 18 of 40 CFR part 60, 
appendix A, under the conditions specified in paragraphs (c)(14)(i) 
through (iii) of this section.
    (i) If the target compound(s) is listed in Section 1.1 of ASTM 
D6420-99 and the target concentration is between 150 parts per billion 
by volume and 100 ppmv.
    (ii) If the target compound(s) is not listed in Section 1.1 of ASTM 
D6420-99, but is potentially detected by mass spectrometry, an 
additional system continuing calibration check after each run, as 
detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, 
documented, and submitted with the performance test report even if you 
do not use a moisture condenser or the compound is not considered 
soluble.
    (iii) If a minimum of one sample/analysis cycle is completed at 
least every 15 minutes.

[[Page 16186]]

    (15) Three test runs are required for each performance test.
    (d) Design evaluation. When you conduct a design evaluation, you 
must follow the procedures in Sec. 63.1257(a)(1). The design evaluation 
must also include the value(s) and basis for the operating limit(s) to 
be monitored as specified in Table 8 of this subpart.
    (e) Establishing operating limits during performance tests. During 
the period of each performance test conducted according to paragraphs 
(c)(2) and (3) of this section for any type of control device listed in 
Table 8 of this subpart, you must collect operating parameter 
monitoring system data, average the operating parameter data over the 
test period, determine the operating limit(s) to be monitored for that 
control device, and set limits according to paragraphs (e)(1) and (2) 
of this section. You may also elect to establish additional operating 
limit(s) for conditions other than those under which the performance 
test was conducted as specified in paragraph (e)(3) of this section.
    (1) If the operating limit to be established is a maximum, it must 
be based on the average of the values for each of the three test runs.
    (2) If the operating limit to be established is a minimum, it must 
be based on the average of the values for each of the three test runs.
    (3) If you elect to establish additional operating limits, you must 
comply with the requirements specified in paragraph (e)(3)(i) of this 
section and, if applicable, paragraph (e)(3)(ii) of this section.
    (i) The additional operating limits may be based on the results of 
the performance test and supplementary information such as engineering 
assessments and manufacturer's recommendations. These limits may be 
established for conditions as unique as individual emission episodes 
for a batch process. You must provide rationale in the precompliance 
report for the specific level for each operating limit, including any 
data and calculations used to develop the limit and a description of 
why the limit indicates proper operation of the control device. The 
procedures provided in this paragraph (e)(3)(i) have not been approved 
by the Administrator and determination of the operating limit using 
these procedures is subject to review and approval by the 
Administrator.
    (ii) If you elect to establish separate monitoring levels for 
different emission episodes within a batch process, you must maintain 
records in your daily schedule or log of processes indicating each 
point at which you change from one operating limit to another, even if 
the duration of the monitoring for an operating limit is less than 15 
minutes. You must maintain a daily schedule or log of processes 
according to Sec. 63.2525(a)(5).
    (f) Periodic verification. For a control device with total inlet 
HAP emissions less than 1 ton/yr, you must establish an operating 
limit(s) for a parameter(s) that you will measure and record at least 
once per averaging period (i.e., daily or block, as defined in 
Sec. 63.2475(a)(5) or (b)(3)) to verify that the control device is 
operating properly. You may elect to measure the same parameter(s) that 
is required for control devices that control inlet HAP emissions equal 
to or greater than 1 ton/yr as specified in Table 8 of this subpart. If 
the parameter will not be measured continuously, you must request 
approval of your proposed procedure in the precompliance report. You 
must identify the operating limit(s) and the measurement frequency, and 
you must provide rationale to support how these measurements 
demonstrate the control device is operating properly.
    (g) Outlet concentration correction for supplemental gases. (1) 
Combustion Devices. If you use a combustion device to comply with an 
outlet concentration emission limitation, you must correct the actual 
TOC, organic HAP, and hydrogen halide and halogen concentrations to 3 
percent oxygen if you add supplemental gases, as defined in 
Sec. 63.2550, to the vent stream or manifold. You must use the 
integrated sampling and analysis procedures of Method 3A or 3B of 40 
CFR part 60, appendix A, to determine the actual oxygen concentration 
(%02d). You must take samples during the same time that you 
take the TOC or total organic HAP or hydrogen halides and halogen 
samples. Use Equation 1 of this section to correct the concentration to 
3 percent oxygen (Cc):
[GRAPHIC] [TIFF OMITTED] TP04AP02.000

Where:

Cc = concentration of TOC or total organic HAP or hydrogen 
halide and halogen corrected to 3 percent oxygen, dry basis, ppmv;
Cm = total concentration of TOC or total organic HAP or 
hydrogen halide and halogen in vented gas stream, average of samples, 
dry basis, ppmv;
%02d = concentration of oxygen measured in vented gas 
stream, dry basis, percent by volume.

    (2) Noncombustion devices. If you use a control device other than a 
combustion device to comply with a TOC, organic HAP, or hydrogen halide 
outlet concentration emission limitation, you must correct the actual 
concentration for supplemental gases using Equation 2 of this section; 
you may use process knowledge and representative operating data to 
determine the fraction of the total flow due to supplemental gas:
[GRAPHIC] [TIFF OMITTED] TP04AP02.001

Where:

Ca = corrected outlet TOC, organic HAP, and hydrogen halides 
and halogens concentration, dry basis, ppmv;
Cm = actual TOC, organic HAP, and hydrogen halides and 
halogens concentration measured at control device outlet, dry basis, 
ppmv;
Qa = total volumetric flow rate of all gas streams vented to 
the control device, except supplemental gases;
Qs = total volumetric flow rate of supplemental gases.

    (h) Combination of batch vents with other vents. If other vents are 
manifolded with batch process vents, you must demonstrate initial 
compliance for the other vents either as part of the initial compliance 
demonstration for the batch vents, or you must conduct multiple 
demonstrations (one for the batch vents, and one or more for the other 
vents).


Sec. 63.2475  What are my monitoring device installation, operation, 
and maintenance requirements?

    (a) Each continuous emissions monitoring system (CEMS) must be 
installed, operated, and maintained according to the requirements in 
paragraphs (a)(1) through (6) of this section.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable Performance Specification of 40 CFR part 60, appendix 
B, and according to paragraph

[[Page 16187]]

(a)(2) of this section, except as specified in paragraph (a)(1)(i) of 
this section. For any CEMS meeting Performance Specification 8, you 
must also comply with appendix F, procedure 1 of 40 CFR part 60.
    (i) If you wish to use a CEMS other than an Fourier Transform 
Infrared Spectroscopy (FTIR) meeting the requirements of Performance 
Specification 15 to measure hydrochloric acid (HCl) before we 
promulgate a Performance Specification for such CEMS, you must prepare 
a monitoring plan and submit it for approval in accordance with the 
procedures specified in Sec. 63.8.
    (ii) [Reserved].
    (2) You must determine the calibration gases and reporting units 
for TOC CEMS in accordance with paragraph (a)(2)(i), (ii), or (iii) of 
this section.
    (i) For CEMS meeting Performance Specification 9 or 15 
requirements, determine the target analyte(s) for calibration using 
either process knowledge of the control device inlet stream or the 
screening procedures of Method 18 on the control device inlet stream.
    (ii) For CEMS meeting Performance Specification 8 used to monitor 
performance of a combustion device, calibrate the instrument on the 
predominant HAP and report the results as carbon (C1), and 
use Method 25A or any approved alternative as the reference method for 
the relative accuracy tests.
    (iii) For CEMS meeting Performance Specification 8 used to monitor 
performance of a noncombustion device, determine the predominant HAP 
using either process knowledge or the screening procedures of Method 18 
on the control device inlet stream, calibrate the monitor on the 
predominant HAP, and report the results as C1. Use Method 
18, ASTM D6420-99, or any approved alternative as the reference method 
for the relative accuracy tests, and report the results as 
C1.
    (3) You must conduct a performance evaluation of each CEMS 
according to the requirements in Sec. 63.8 and according to the 
applicable Performance Specification of 40 CFR part 60, appendix B, 
except as specified in paragraph (a)(3)(i) of this section.
    (i) If you have an existing source, the requirement in 
Sec. 63.8(e)(4) to conduct the performance evaluation not later than 
180 days after the compliance date does not apply for the purposes of 
this subpart. In this situation, you must conduct the performance 
evaluation for the CEMS prior to the compliance date, and you must 
submit the results to the Administrator in the Notification of 
Compliance Status.
    (ii) [Reserved].
    (4) As specified in Sec. 63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (5) The CEMS data must be reduced to operating day or operating 
block averages computed using valid data from at least 75 percent of 
the hours during the averaging period. To have a valid hour of data, 
you must have four or more data points equally spaced over the 1-hour 
period (or at least two data points during an hour when calibration, 
quality assurance, or maintenance activities are being performed). An 
operating block is a period of time from the beginning to end of a 
batch process. Operating block averages may be used only for batch 
processes.
    (6) If you add supplemental gases, you must correct the measured 
concentrations in accordance with Sec. 63.2470(g).
    (b) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to the requirements in 
paragraphs (b)(1) through (4) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) Have valid data from at least 75 percent of the hours during 
the averaging period.
    (3) Determine the average of all recorded readings associated with 
each operating limit for each operating day or operating block. An 
operating block is a period of time that is equal to the time from the 
beginning to end of a batch process. Operating block averages may be 
used only for batch processes.
    (4) Record the results of each inspection, calibration, and 
validation check.
    (c) For each temperature monitoring device, you must meet the 
requirements in paragraphs (b) and (c)(1) through (8) of this section.
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 deg.C or 0.75 percent of the 
temperature value, whichever is larger.
    (3) For a cryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 deg.C or 2 percent of the temperature 
value, whichever is larger.
    (4) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (5) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 11 deg.C.
    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 16.7 deg.C of the process temperature sensor's reading.
    (7) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (8) At least monthly, inspect all components for integrity and all 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) For each flow measurement device, you must meet the 
requirements in paragraphs (b) and (d)(1) through (5) of this section.
    (1) Locate the flow sensor and other necessary equipment such as 
straightening vanes in a position that provides a representative flow.
    (2) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (5) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (e) For each pressure measurement device, you must meet the 
requirements in paragraphs (b) and (e)(1) through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.

[[Page 16188]]

    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (f) For each pH measurement device, you must meet the requirements 
in paragraphs (b) and (f)(1) through (4) of this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (g) If flow to a control device could be intermittent, you must 
install, calibrate, and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.


Sec. 63.2480  How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to you according to 
Tables 10 through 16 of this subpart.
    (b) You must establish each site-specific operating limit in Table 
8 of this subpart that applies to you according to the requirements in 
Sec. 63.2470(d), (e), or (f).
    (c) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec. 63.2515(e).

Continuous Compliance Requirements


Sec. 63.2485  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You must not use data recorded during monitoring malfunctions, 
associated repairs, required quality assurance or control activities, 
and periods of no flow in data averages and calculations used to report 
emission or operating levels, nor may such data be used in fulfilling a 
minimum data availability requirement. You must use all of the data you 
collected during all other periods in assessing the operation of the 
control device and associated control system.


Sec. 63.2490  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limitation and work practice standard in Tables 1 through 8 of this 
subpart that applies to you according to methods specified in Tables 
17, 18, and 19 of this subpart.
    (b) You must report each instance in which you did not meet each 
emission limitation and each operating limit in Tables 17 and 18 of 
this subpart that applies to you. This includes periods of startup, 
shutdown, and malfunction. You must also report each instance in which 
you did not meet the requirements in Table 19 of this subpart that 
apply to you. These instances are deviations from the emission 
limitations and work practice standards in this subpart. These 
deviations must be reported according to the requirements in 
Sec. 63.2520.
    (c) During periods of startup, shutdown, and malfunction, you must 
operate in accordance with the startup, shutdown, and malfunction plan.
    (d) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that 
occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the SSMP. The Administrator will 
determine whether deviations that occur during a period of startup, 
shutdown, or malfunction are violations, according to the provisions in 
Sec. 63.6(e).

Alternative Means of Compliance


Sec. 63.2495  How do I comply with the pollution prevention standard?

    (a) If you have an existing affected source, you may elect to 
comply with the pollution prevention alternative requirements specified 
in paragraphs (a) (1) and (2) of this section in lieu of the emission 
limitations and work practice standards contained in Tables 2 through 5 
of this subpart for any MCPU.
    (1) You must reduce the production-indexed HAP consumption factor 
(HAP factor) by at least 65 percent from a 3-year average baseline 
beginning no earlier than the 1994 through 1996 calendar years. 
Alternatively, for a process that has been operating for less than 3 
years but more than 1 year, you may calculate the baseline factor for 
the time period from startup of the process until the present. For any 
reduction in the HAP factor that you achieve by reducing HAP that are 
also volatile organic compounds (VOC), you must demonstrate an 
equivalent reduction in the production-indexed VOC consumption factor 
(VOC factor) on a mass basis. For any reduction in the HAP factor that 
you achieve by reducing a HAP that is not a VOC, you may not increase 
the VOC factor.
    (2) You may comply with the requirements of paragraph (a)(1) of 
this section for a series of processes, including situations where 
multiple processes are merged, if you demonstrate to the satisfaction 
of the Administrator that the multiple processes were merged after the 
baseline period into an existing process or processes.
    (b) Exclusions. (1) You must comply with the emission limitations 
and work practice standards contained in Tables 2 through 5 of this 
subpart for all HAP that are generated in the MCPU and that are not 
part of the HAP factor. Hydrogen halides that are generated as a result 
of combustion control must be controlled according to the requirements 
of Table 7 of this subpart.
    (2) You may not merge nondedicated formulation or nondedicated 
solvent recovery processes with any other processes.
    (3) You may not comply with paragraph (a) of this section for 
transfer operations that are subject to the emission limitations and 
work practice standards in Table 6 of this subpart.
    (c) Initial compliance procedures. To demonstrate initial 
compliance with paragraph (a) of this section, you must prepare a 
demonstration summary in accordance with paragraph (c)(1) of this 
section and calculate baseline and target annual HAP and VOC factors in 
accordance with paragraphs (c)(2) and (3) of this section.
    (1) Demonstration summary. You must prepare a pollution prevention 
demonstration summary that contains, at a minimum, the information in 
paragraphs (c)(1)(i) through (iii) of this section for each MCPU for 
which you comply with paragraph (a) of this section. You must include 
the demonstration summary in the Precompliance report required in Table 
20 of this subpart and Sec. 63.2520(c).
    (i) Descriptions of the methodologies and forms used to measure and 
record consumption of HAP and VOC compounds.
    (ii) Descriptions of the methodologies and forms used to measure 
and record production of the product(s).
    (iii) Supporting documentation for the descriptions provided in 
accordance with paragraphs (c)(1)(i) and (ii) of this

[[Page 16189]]

section including, but not limited to, operator log sheets and copies 
of daily, monthly, and annual inventories of materials and products. 
You must show how this documentation will be used to calculate the 
annual factors required in paragraph (d) of this section.
    (2) Baseline factors. You must calculate baseline HAP and VOC 
factors by dividing the consumption of total HAP and total VOC by the 
production rate, per process, for the first 3-year period in which the 
process was operational, beginning no earlier than the period 
consisting of the 1994 through 1996 calendar years. Alternatively, for 
a process that has been operational for less than 3 years, but more 
than 1 year, the baseline factors must be established for the time 
period from startup of the process until April 4, 2002.
    (3) Target annual factors. You must calculate a target annual HAP 
factor that is equal to or less than 35 percent of the baseline HAP 
factor. For each reduction in a HAP that is also a VOC, you must 
calculate a target annual VOC factor that is lower than the baseline 
VOC factor by an equivalent amount on a mass basis. For each reduction 
in a HAP that is not a VOC, the target annual VOC factor must be equal 
to or less than the baseline VOC factor.
    (d) Continuous compliance requirements. You must calculate annual 
rolling average values of the HAP and VOC factors (annual factors) in 
accordance with the procedures specified in paragraphs (d)(1) through 
(3) of this section. To show continuous compliance, the annual factors 
must be equal to or less than the target annual factors calculated 
according to paragraph (c)(3) of this section.
    (1) To calculate the annual factors, you must divide the 
consumption of both total HAP and total VOC by the production rate, per 
process, for 12-month periods at the frequency specified in either 
paragraph (d)(2) or (3) of this section, as applicable.
    (2) For continuous processes, you must calculate the annual factors 
every 30 days for the 12-month period preceding the 30th day (i.e., 
annual rolling average calculated every 30 days). A process with both 
batch and continuous operations is considered a continuous process for 
the purposes of this section.
    (3) For batch processes, you must calculate the annual factors 
every 10 batches for the 12-month period preceding the 10th batch 
(i.e., annual rolling average calculated every 10 batches), except as 
specified in paragraphs (d)(3)(i) and (ii) of this section.
    (i) If you produce more than 10 batches during a month, you must 
calculate the annual factors at least once during that month.
    (ii) If you produce less than 10 batches in a 12-month period, you 
must calculate the annual factors for the number of batches in the 12-
month period since the previous calculations.
    (e) Records. You must keep records of HAP and VOC consumption, 
production, and the rolling annual HAP and VOC factors for each MCPU 
for which you are complying with paragraph (a) of this section.
    (f) Reporting. (1) You must include the pollution-prevention 
demonstration summary in the Precompliance report required by Table 20 
of this subpart and Sec. 63.2520(c).
    (2) You must identify all days when the annual factors were above 
the target factors in the compliance reports.


Sec. 63.2500  How do I comply with emissions averaging?

    (a) For an existing source, you may elect to comply with the 
percent reduction emission limitations in Tables 1 through 4 of this 
subpart by complying with the emissions averaging provisions according 
to paragraphs (b) through (e) of this section for groups of as many as 
40 emission points. Each batch process represents one emission point 
for the purposes of emissions averaging.
    (b) Exclusions. You may not include the emission points specified 
in paragraphs (b)(1) through (7) of this section in an emissions 
average.
    (1) Any emission points for which State authorities prohibit the 
use of emissions averaging and require compliance with the emission 
limitations and work practice standards in Tables 1 through 4 of this 
subpart.
    (2) Emission points that are controlled as specified in paragraphs 
(b)(2)(i) through (iv) may not be used to calculate emissions averaging 
credits, unless a nominal efficiency has been assigned according to the 
procedures in Sec. 63.150(i). The nominal efficiency must exceed the 
percent reduction required by Tables 1 through 4 of this subpart.
    (i) Affected storage tanks controlled with an internal floating 
roof meeting the specifications of Sec. 63.1063(a)(1)(i), or an 
external floating roof meeting the specifications of 
Sec. 63.1063(a)(1)(ii).
    (ii) Emission points controlled with a flare.
    (iii) Waste management units controlled as specified in 
Secs. 63.133 through 63.137.
    (iv) Wastewater treated in a steam stripper meeting the 
specifications in Sec. 63.138(d).
    (3) Emission streams controlled to an outlet concentration less 
than or equal to 20 ppmv may not be used in any averaging group.
    (4) Maintenance wastewater streams and wastewater streams treated 
in biological treatment units may not be included in any averaging 
group.
    (5) Processes which have been permanently shut down and storage 
tanks permanently taken out of HAP service may not be included in any 
averaging group.
    (6) Emission points already controlled on or before November 15, 
1990 may not be used to generate emissions averaging credits, unless 
the level of control has been increased after November 15, 1990. In 
these cases, credit will be allowed only for the increase in control 
after November 15, 1990.
    (7) Emission points controlled to comply with a State or Federal 
rule other than this subpart may not be included in an emissions 
averaging group, unless the level of control has been increased after 
November 15, 1990, above what is required by the other State or Federal 
rule. Only the control above what is required by the other State or 
Federal rule will be credited. However, if an emission point has been 
used to generate emissions averaging credit in an approved emissions 
average, and the point is subsequently made subject to a State or 
Federal rule other than this subpart, the point can continue to 
generate emissions averaging credit for the purpose of complying with 
the previously approved average.
    (c) Compliance procedures. To demonstrate compliance with the 
emissions averaging provisions, you must comply with the requirements 
of paragraphs (c)(1) through (7) of this section.
    (1) Emissions averaging plan. You must develop and submit for 
approval an emissions averaging plan according to paragraphs (c)(1)(i) 
through (vi) of this section.
    (i) The emissions averaging plan must demonstrate that the 
emissions from the emission points proposed to be included in the 
average will not result in greater hazard or, at the option of the 
permitting authority, greater risk to human health or the environment 
than if the emission points were controlled according to Tables 1 
through 4 of this subpart.
    (ii) The demonstration of hazard or risk equivalency must be made 
to the satisfaction of the operating permit authority, and we may 
require you to use specific methodologies and procedures such as any 
guidance that

[[Page 16190]]

we prepare or any other technically sound information or methods.
    (iii) An emissions averaging plan that does not demonstrate hazard 
or risk equivalency to our satisfaction will not be approved. We may 
require such adjustments to the emissions averaging plan as are 
necessary in order to ensure that the average will not result in 
greater hazard or risk to human health or the environment than would 
result if the emission points were controlled according to the emission 
limitations and work practice standards in Tables 1 through 4 of this 
subpart.
    (iv) A hazard or risk equivalency demonstration must satisfy the 
requirements specified in paragraphs (c)(1)(iv)(A) through (C) of this 
section.
    (A) Be a quantitative, comparative chemical hazard or risk 
assessment.
    (B) Account for differences between averaging and nonaveraging 
options in chemical hazard or risk to human health or the environment.
    (C) Meet any requirements we set for such demonstrations.
    (v) For all emission points included in emissions averaging, the 
emissions averaging plan must include the information listed in 
paragraphs (c)(1)(v)(A) through (E) of this section.
    (A) The identification of all emission points in each emissions 
average.
    (B) The uncontrolled and controlled HAP emissions for all of the 
emission points included to calculate the debits and credits in 
paragraphs (c)(5) and (6) of this section.
    (C) The debit and credit calculations.
    (D) The estimated values for all operating limits set according to 
Sec. 63.2470(d), (e), or (f) and Table 8 of this subpart for each 
emission point included in the averages.
    (E) A statement that the initial and continuous compliance 
demonstrations and associated reporting and recordkeeping in this 
section for each emission point in the averages will be implemented 
beginning on the compliance date.
    (vi) You must submit the emissions averaging plan no later than 18 
months prior to the compliance date of this subpart. We will determine 
within 120 calendar days whether your emissions averaging plan presents 
sufficient information. We will either approve the emissions averaging 
plan, request changes, or request additional information from you. Once 
we receive sufficient information, we will approve, disapprove, or 
request changes to the plan within 120 days. If we disapprove the 
emissions averaging plan, you must still be in compliance with the 
emission limitations and work practice standards in Tables 1 through 4 
of this subpart by the compliance date.
    (2) For all points included in an emissions average, you must 
comply with the procedures that are specified in paragraphs (c)(2)(i) 
through (v) of this section.
    (i) Calculate and record monthly debits for all affected emission 
points that are controlled to a level less stringent than required by 
the emission limitations for those emission points. Use equations in 
paragraph (c)(5) of this section to calculate debits.
    (ii) Calculate and record monthly credits for all emission points 
that are overcontrolled to compensate for the debits. Use equations in 
paragraph (c)(6) of this section to calculate credits. All process 
vent, storage tank, and wastewater emission points except those 
specified in paragraph (b) of this section may be included in the 
credit calculation.
    (iii) Demonstrate that annual credits calculated according to 
paragraph (c)(6) of this section are greater than or equal to debits 
calculated according to paragraph (c)(5) of this section for the same 
annual compliance period. The initial demonstration in the emissions 
averaging plan or operating permit application that credit-generating 
emission points will be capable of generating sufficient credits to 
offset the debit-generating emission points must be made under 
representative operating conditions. After the compliance date, actual 
operating data must be used for all debit and credit calculations.
    (iv) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (c)(5) of this section are not more than 
1.30 times the credits for the same period calculated according to 
paragraph (c)(6) of this section. You determine compliance for the 
quarter based on the ratio of credits and debits from that quarter, 
with 30 percent more debits than credits allowed on a quarterly basis.
    (v) Record and report quarterly and annual credits and debits as 
required in paragraphs (d) and (e) of this section.
    (3) You may not include emissions during periods of malfunction in 
calculation of credits and debits. You may not include periods of 
startup and shutdown for continuous processes in calculation of credits 
and debits.
    (4) During periods of monitoring deviations, you must adjust 
credits and debits as specified in paragraphs (c)(4)(i) through (iii) 
of this section.
    (i) Assign no credits to the credit-generating emission point.
    (ii) Assign maximum debits to the debit-generating emission point.
    (iii) You may demonstrate to the Administrator that full or partial 
credits or debits should be assigned using the procedures in 
Sec. 63.150(l).
    (5) Debits. Debits are generated by the difference between the 
actual emissions from an affected emission point that is uncontrolled 
or controlled to a level less stringent than the applicable standard 
and the emissions allowed for the affected emission point. Calculate 
debits in accordance with the procedures specified in paragraphs 
(c)(5)(i) through (iv) of this section.
    (i) Calculate sourcewide debits using Equation 1 of this section:
    [GRAPHIC] [TIFF OMITTED] TP04AP02.002
    
Where:

    Debits and all terms of Equation 1 of this section are in units of 
Mg/month, and;
EPViU = uncontrolled emissions from continuous process vent 
i and batch process i calculated according to the procedures specified 
in paragraph (c)(5)(ii) of this section;
EPViA = actual emissions from each affected continuous 
process vent i and batch process i that is uncontrolled or is 
controlled to a level less stringent than the required 98 percent 
reduction in Table 1 or 2 of this subpart. Calculate EPViA 
using the procedures in paragraph (c)(5)(ii) of this section;
ESiU = uncontrolled emissions from storage tank i calculated 
according to the procedures specified in paragraph (c)(5)(iii) of this 
section;
ESiA = actual emissions from each affected storage vessel i 
that is uncontrolled or is controlled to a level less stringent than 
the required 95 percent reduction in Table 4 of this subpart. Calculate

[[Page 16191]]

ESiA using the procedures in paragraph (c)(5)(iii) of this 
section;
EWWiC = emissions from each affected wastewater stream i if 
the wastewater stream had been managed and treated as specified in 
Table 3 of this subpart. Calculate EWWiC using the 
procedures in paragraph (c)(5)(iv) of this section;
EWWiA = actual emissions from each affected wastewater 
stream i that is uncontrolled or has been managed and treated in a 
manner that is less stringent than that specified in Table 3 of this 
subpart. Calculate EWWiA using the procedures in paragraph 
(c)(5)(iv) of this section;
n = the number of emission points being included in the emissions 
average; the value of n is not necessarily the same for process vents, 
storage tanks, and wastewater.
    (ii) Calculate emissions from process vents in accordance with the 
procedures specified in paragraphs (c)(5)(ii)(A) through (C) of this 
section.
    (A) Except as provided in paragraph (c)(5)(ii)(C) of this section, 
calculate uncontrolled emissions for process vents using the procedures 
specified in Sec. 63.1257(d)(2).
    (B) Except as provided in paragraph (c)(5)(ii)(C) of this section, 
calculate actual emissions for process vents using the procedures 
specified in Sec. 63.1257(d)(2) and (3), as applicable.
    (C) As an alternative to the procedures described in paragraphs 
(c)(5)(ii)(A) and (B) of this section, for continuous process vents, 
you may calculate uncontrolled and actual emissions by the procedures 
described in Sec. 63.150(g)(2). For purposes of complying with this 
paragraph, the term ``recovery device'' in Sec. 63.150(g)(2) means 
``process condenser.''
    (iii) Calculate uncontrolled emissions from storage tanks in 
accordance with the procedures described in Sec. 63.150(g)(3)(i). 
Calculate actual emissions from storage tanks using the procedures 
specified in Sec. 63.150(g)(3)(ii) or (iii), as appropriate, except 
that when Sec. 63.150(g)(3)(ii)(B) refers to the procedures in 
Sec. 63.120(d) for determining percent reduction for a control device, 
Sec. 63.1257(a)(1) shall apply for the purposes of this subpart.
    (iv) Calculate emissions from wastewater using the procedures 
specified in Sec. 63.150(g)(5).
    (6) Credits. Credits are generated by the difference between 
emissions that are allowed for each affected and nonaffected emission 
point, and the actual emissions from that affected or nonaffected 
emission point that have been controlled after November 15, 1990 to a 
level more stringent than what is required in this subpart or any other 
State or Federal rule or statute. Calculate credits in accordance with 
the procedures specified in paragraphs (c)(6)(i) through (v) of this 
section.
    (i) Calculate sourcewide credits using Equation 2 of this section:
    [GRAPHIC] [TIFF OMITTED] TP04AP02.003
    
Where:

    Credits and all terms in Equation 2 of this section are in units of 
Mg/month, the baseline date is November 15, 1990, the terms consisting 
of a constant multiplied by the uncontrolled emissions are the 
emissions from each emission point subject to a percent reduction 
requirement in Table 1, 2, or 4 of this subpart that are controlled to 
a level more stringent than the applicable percent reduction 
requirement, and;
EPV1iU = uncontrolled emissions from each affected 
continuous process vent i and batch process i calculated according to 
the procedures in paragraph (c)(6)(iii)(A) of this section;
EPV1iA = actual emissions from each affected continuous 
process vent i and batch process i that is controlled to a level more 
stringent than 98 percent. Calculate EPV1iA according to the 
procedures in paragraph (c)(6)(iii)(B) of this section;
EPV2iB = emissions from each nonaffected continuous process 
vent i and batch process i at the baseline date. Calculate 
EPV2iB according to the procedures in paragraph 
(c)(6)(iii)(C) of this section;
EPV2iA = actual emissions from each nonaffected continuous 
process vent i and batch process i that is controlled. Calculate 
EPV2iA according to the procedures in paragraph 
(c)(6)(iii)(C) of this section;
ES1iU = uncontrolled emissions from each affected storage 
tank i calculated according to the procedures in paragraph (c)(6)(iv) 
of this section;
ES1iA = actual emissions from each affected storage tank i 
that is controlled to a level more stringent than 95 percent. Calculate 
ES1iA according to the procedures in paragraph (c)(6)(iv) of 
this section;
ES2iB = emissions from each nonaffected storage tank i at 
the baseline date. Calculate ES2iB according to the 
procedures in paragraph (c)(6)(iv) of this section;
ES2iA = actual emissions from each nonaffected storage tank 
i that is controlled. Calculate ES2iA according to the 
procedures in paragraph (c)(6)(iv) of this section;
EWW1iC = emissions from each affected wastewater stream i if 
the wastewater stream had been managed and treated as specified in 
Table 3 of this subpart. Calculate EWW1iC according to the 
procedures in paragraph (c)(6)(v) of this section;
EWW1iA = emissions from each affected wastewater stream i 
that is controlled to a level more stringent than if the wastewater 
stream had been managed and treated as specified in Table 3 of this 
subpart. Calculate EWW1iA according to the procedures in 
paragraph (c)(6)(v) of this section;
EWW2iB = emissions from each nonaffected wastewater stream i 
at the baseline date. Calculate EWW2iB according to the 
procedures in paragraph (c)(6)(v) of this section;
EWW2iA = actual emissions from each nonaffected wastewater 
stream i that is controlled. Calculate EWW2iA according to 
the procedures in paragraph (c)(6)(v) of this section;
n = number of affected emission points that are included in the 
emissions average. The value of n is not necessarily the same for 
process vents, storage tanks, and wastewater;

[[Page 16192]]

m = number of nonaffected emission points included in the emissions 
average. The value of m is not necessarily the same for process vents, 
storage tanks, and wastewater;
D = discount factor equal to 0.9 for all credit-generating emission 
points.

    (ii) For an emission point controlled using a pollution prevention 
measure, determine the nominal efficiency for calculating credits as 
described in Sec. 63.150(j).
    (iii) Calculate emissions from process vents in accordance with the 
procedures specified in paragraphs (c)(6)(iii)(A) through (C) of this 
section.
    (A) Calculate uncontrolled emissions from affected process vents 
according to the procedures in paragraph (c)(5)(ii)(A) or (C) of this 
section.
    (B) Calculate actual emissions from affected process vents with a 
nominal efficiency greater than 98 percent or a pollution prevention 
measure that achieves reductions greater than 98 percent using Equation 
3 of this section:
[GRAPHIC] [TIFF OMITTED] TP04AP02.004

Where:
EPV1iA = actual emissions from each affected continuous 
process vent i or batch process i that is controlled to a level more 
stringent than 98 percent;
EPV1iU = uncontrolled emissions from each affected 
continuous process vent i or batch process i;
Neff = nominal efficiency of control device or pollution 
prevention measure, percent.

    (C) Calculate baseline and actual emissions from nonaffected 
process vents according to the procedures in Sec. 63.150(c)(2)(iii) and 
(iv), except when the phrase ``paragraph (g)(2)'' is referred to in 
Sec. 63.150(h)(2)(iii) and (iv), the provisions in paragraph (c)(5)(ii) 
of this section apply for the purposes of this subpart.
    (iv) Calculate uncontrolled emissions from storage tanks according 
to the procedures described in paragraph Sec. 63.150(g)(3)(i). 
Calculate actual and baseline emissions from storage tanks according to 
the procedures specified in Sec. 63.150(h)(3), except when 
Sec. 63.150(h)(3) refers to Sec. 63.150(g)(3)(i).
    (v) Calculate emissions from wastewater using the procedures in 
Sec. 63.150(h)(5).
    (7) You must establish and comply with the operating limits for 
each emission point in an emissions average according to Sec. 63.2470 
and Table 8 of this subpart.
    (d) Records. You must maintain the records specified in paragraphs 
(d)(1) and (4) of this section.
    (1) All records specified in Sec. 63.2525.
    (2) Calculations of the debits and credits according to paragraphs 
(c)(5) and (6) of this section for the last quarter and the prior four 
quarters.
    (3) A current copy of the emissions averaging plan.
    (4) The number of turnovers for each storage tank used in an 
emissions average.
    (e) Reporting. You must submit the information specified in 
paragraphs (e)(1) and (2) of this section.
    (1) The emissions averaging plan as specified in paragraph 
(c)(1)(iii) of this section.
    (2) The required information for compliance reports specified in 
Sec. 63.2520(d) for each emission point in emission averages.
    (3) The compliance reports must also include the information 
specified in paragraphs (e)(3)(i) through (iv) of this section.
    (i) Any changes to the processes, storage tanks, or waste 
management units included in an emissions average.
    (ii) The calculation of the debits and credits for the reporting 
period.
    (iii) Changes to the emissions averaging plan which affect the 
calculation methodology of uncontrolled or controlled emissions or the 
hazard or risk equivalency determination.
    (iv) Any changes to the operating limits monitored according to 
paragraph (c)(7) of this section.


Sec. 63.2505  How do I comply with the alternative standard?

    As an alternative to complying with the emission limitations and 
work practice standards for process vents and storage tanks in Tables 
1, 2, and 4 of this subpart, you may comply with the emission 
limitations in paragraph (a) of this section and demonstrate initial 
and continuous compliance in accordance with the requirements in 
paragraphs (b) and (c) of this section. Reporting and recordkeeping 
requirements are specified in Secs. 63.2520 and 63.2525.
    (a) Emission limitations and work practice standards. (1) You must 
route vent streams through a closed-vent system to a control device 
that reduces HAP emissions as specified in either paragraph (a)(1)(i) 
or (ii) of this section.
    (i) If you use a combustion control device, it must reduce HAP 
emissions as specified in paragraphs (a)(1)(i)(A), (B), and (C) of this 
section.
    (A) To an outlet TOC concentration of 20 ppmv or less.
    (B) To an outlet concentration of hydrogen halides and halogens of 
20 ppmv or less.
    (C) As an alternative to paragraph (a)(1)(ii)(B) of this section, 
if you control halogenated vent streams emitted from a combustion 
device followed by a scrubber, you may reduce the hydrogen halides and 
halogens generated in the combustion device by 95 percent by 
weight in the scrubber and establish operating parameters for the 
scrubber in accordance with Table 8 of this subpart.
    (ii) If you use a noncombustion control device, it must reduce HAP 
emissions to an outlet total organic HAP concentration of 50 ppmv or 
less, and an outlet concentration of hydrogen halides and halogens of 
50 ppmv or less.
    (2) You must comply with the work practice standards for closed-
vent systems in Table 5 of this subpart.
    (3) Any batch process vents within a process that are not 
controlled according to this alternative standard must be controlled 
according to the emission limitations and work practice standards in 
Table 2 of this subpart.
    (b) Initial compliance requirements. You demonstrate initial 
compliance with the alternative standard if you comply with the 
requirements in paragraphs (b)(1) through (6) of this section.
    (1) Install and begin to operate and maintain each CEMS in 
accordance with paragraph (c) of this section no later than the date 3 
years after the effective date of this subpart.
    (2) Conduct a performance evaluation of the CEMS as specified in 
Sec. 63.2475(a)(3).
    (3) Submit the results of any determination of the target analytes 
or predominant HAP in the Notification of Compliance Status.
    (4) If you add supplemental gases to the vent stream or manifold, 
determine either the oxygen concentration (if you use a combustion 
device), or both the total vent stream and supplemental gas stream flow 
rates (if you use a noncombustion device), and calculate the ratio in 
Equation 1 or 2 of Sec. 63.2470

[[Page 16193]]

to use in correcting the measured concentrations for supplemental 
gases.
    (5) If you elect to comply with the requirement to reduce hydrogen 
halides and halogens by 95 percent by weight in paragraph 
(a)(1)(i)(C) of this section, you must demonstrate initial compliance 
by conducting a performance test and setting a site-specific operating 
limit(s) for the scrubber in accordance with entry 2.b. in Table 16 of 
this subpart. The applicable operating limits are specified in Table 8 
of this subpart. You must submit the results of the initial compliance 
demonstration in the Notification of Compliance Status.
    (6) Comply with the requirements for closed-vent systems in entries 
(c) and (d) of Table 14 of this subpart.
    (c) Continuous compliance requirements. You demonstrate continuous 
compliance with the emission limitations in paragraph (a) of this 
section according to the requirements in paragraphs (c)(1) through (7) 
of this section.
    (1) Except as specified in paragraphs (c)(1)(iii) and (iv) of this 
section, you must install, operate, and maintain CEMS to measure TOC 
and total hydrogen halide and halogen concentrations in accordance with 
paragraphs (c)(1)(i) and (ii) of this section and in accordance with 
Sec. 63.2475(a)(1), (2), and (4), and you must reduce the CEMS data as 
specified in Sec. 63.2475(a)(5). If you add supplemental gases to the 
vent stream or manifold, you must correct measured concentrations for 
supplemental gases or monitor other operating parameters as specified 
in paragraph (c)(7) of this section. The reduced results must be below 
the concentration limits specified in paragraph (a) of this section.
    (i) Install CEMS to measure TOC in accordance with paragraph 
(c)(1)(i)(A) or (B) of this section.
    (A) For noncombustion devices, install a CEMS that meets 
Performance Specification 8, 9, or 15.
    (B) For combustion devices, install a CEMS that meets Performance 
Specification 8 and report the results as C1.
    (ii) Install CEMS to measure total halide and halogen 
concentrations in accordance with paragraph (c)(1)(ii)(A) or (B) of 
this section:
    (A) Install a CEMS that meets Performance Specification 15 to 
measure HCl; or
    (B) If you wish to measure HCl using a CEMS other than an Fourier 
Transform Infrared Spectroscopy (FTIR) meeting the requirements of 
Performance Specification 15 before we promulgate performance 
specifications for such monitors, you must prepare a monitoring plan 
and submit it for approval in accordance with the procedures specified 
in Sec. 63.8.
    (iii) You do not need to monitor the hydrogen halide and halogen 
concentrations if, based on process knowledge, you determine that the 
emission stream does not contain hydrogen halides or halogens.
    (iv) If you elect to comply with the requirement to reduce hydrogen 
halides and halogens by 95 percent by weight in paragraph 
(a)(1)(i)(C) of this section, you must comply with the requirements in 
paragraphs (c)(1)(iv)(A) through (C) of this section.
    (A) Install, operate, and maintain CPMS for the scrubber as 
specified in Sec. 63.2475(b) through (f), as applicable.
    (B) Collect and reduce CPMS data for the scrubber in accordance 
with the requirements specified in entry 5., 6., or 7. of Table 18 of 
this subpart, as applicable.
    (C) Maintain the daily or block average CPMS levels within the 
ranges established during the initial performance test.
    (2) You must install, calibrate, and operate a flow indicator as 
specified in Sec. 63.2475(g).
    (3) You must monitor and collect data according to Sec. 63.2485(b) 
and (c).
    (4) You must demonstrate continuous compliance with the work 
practice standards for closed-vent systems as specified in entries (i) 
and (j) in Table 19 of this subpart.
    (5) You must report each deviation according to Sec. 63.2490(b).
    (6) You must comply with the startup, shutdown, and malfunction 
requirements in Sec. 63.2490(c) and (d).
    (7) Correction for supplemental gases. If you add supplemental 
gases to the vents or manifolds, you must either correct for 
supplemental gases as specified in Sec. 63.2470(g) or comply with the 
requirements of paragraph (c)(7)(i) or (ii) of this section. If you 
correct for supplemental gases as specified in Sec. 63.2470(g)(2) for 
noncombustion control devices, you must evaluate the flow rates as 
specified in paragraph (c)(7)(iii) of this section.
    (i) Provisions for combustion devices. As an alternative to 
correcting for supplemental gases as specified in Sec. 63.2470(g), you 
must monitor residence time and firebox temperature according to the 
requirements of paragraphs (d)(7)(i)(A) and (B) of this section. 
Monitoring of residence time may be accomplished by monitoring flowrate 
into the combustion chamber.
    (A) If complying with the alternative standard instead of complying 
with an emission limitation of 95 percent or less, you must maintain a 
minimum residence time of 0.5 seconds and a minimum combustion chamber 
temperature of 760 deg.C.
    (B) If complying with the alternative standard instead of complying 
with an emission limitation of 98 percent or less, you must maintain a 
minimum residence time of 0.75 seconds and a minimum combustion chamber 
temperature of 816 deg.C.
    (ii) Provisions for dense gas systems. As an alternative to 
correcting for supplemental gases as specified in Sec. 63.2470(g), for 
noncombustion devices used to control emissions from dense gas systems, 
as defined in Sec. 63.2550, you must monitor flowrate as specified in 
paragraphs (d)(7)(ii)(A) through (D) of this section.
    (A) Use Equation 1 of this section to calculate the system flowrate 
setpoint at which the average concentration is 5,000 ppmv TOC:
[GRAPHIC] [TIFF OMITTED] TP04AP02.005

Where:

Qset = system flowrate setpoint, scfm;
Ean = annual emissions entering the control device, lbmoles/
yr.

    (B) Annual emissions used in Equation 1 of this section must be 
based on the actual mass of organic compounds entering the control 
device as calculated from the most representative emissions inventory 
data that you submitted within the 5 years before the Notification of 
Compliance Status is due. You must recalculate the system flowrate 
setpoint once every 5 years using the annual emissions from the most 
representative emissions inventory data submitted during the 5-year 
period after the previous calculation. Results of the initial 
calculation must be included in the Notification of Compliance Status, 
and recalculated values must be included in the next compliance report 
after each recalculation. For all calculations after the initial 
calculation, to use emissions inventory data calculated using 
procedures other than those specified in Sec. 63.1257(d), you must 
submit the emissions inventory data calculations and rationale for 
their use in the Precompliance report, Notification of Process Change 
report, or an application for a part 70 permit renewal or revision.
    (C) In the Notification of Compliance Status, you may elect to 
establish both a maximum daily average operating flowrate limit above 
the flowrate setpoint and a reduced outlet concentration limit 
corresponding to this flowrate limit. You may also establish reduced 
outlet concentration

[[Page 16194]]

limits for any daily average flowrates between the flowrate setpoint 
and the flowrate limit. The correlation between these elevated 
flowrates and the corresponding outlet concentration limits must be 
established using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP04AP02.006

Where:

Ca = adjusted outlet concentration limit, dry basis, ppmv;
50 = outlet concentration limit associated with the flowrate setpoint, 
dry basis, ppmv;
Qset = system flowrate setpoint, scfm;
Qlim = actual system flowrate limit, scfm.

    (D) You must install and operate a monitoring system for measuring 
system flowrate. The flowrate into the control device must be monitored 
and recorded at least once every hour. The system flowrate must be 
calculated as the average of all values measured during each 24-hour 
operating day. The flowrate monitoring sensor must have a minimum 
tolerance of 2 percent of the system flowrate setpoint, and the 
flowrate monitoring device must be calibrated at least semiannually.
    (iii) Flow rate evaluation for noncombustion devices. To 
demonstrate continuous compliance with the requirement to correct for 
supplemental gases as specified in Sec. 63.2470(g)(2) for noncombustion 
devices, you must evaluate the volumetric flow rate of supplemental 
gases, Qs, and the volumetric flow rate of all gases, 
Qa, each time a new operating scenario is implemented based 
on process knowledge and representative operating data. The procedures 
used to evaluate the flow rates, and the resulting correction factor 
used in Equation 2 of Sec. 63.2470, must be included in the 
Notification of Compliance Status and in the next compliance report 
submitted after an operating scenario change.


Sec. 63.2510  How may I transfer wastewater to a treatment unit that I 
do not own or operate?

    (a) You may elect to transfer an affected wastewater stream or a 
residual removed from an affected wastewater stream to an on-site 
treatment operation that you do not own or operate, or to an off-site 
treatment operation, according to the requirements in Sec. 63.132(g), 
except as specified in paragraphs (a)(1) through (4) of this section.
    (1) As an alternative to the management and treatment options 
specified in Sec. 63.132(g)(2), any affected wastewater stream (or 
residual removed from an affected wastewater stream) that contains less 
than 50 ppmw of HAP in Table 2 to subpart GGG of this part may be 
transferred offsite if the transferee manages and treats the wastewater 
stream or residual in accordance with paragraphs (e)(1)(i) and (ii) of 
this section.
    (i) The wastewater stream or residual is treated in a biological 
treatment unit in accordance with Secs. 63.138 and 63.145.
    (ii) The waste management units up to the activated sludge unit are 
covered, or you demonstrate that less than 5 percent of the total HAP 
in Table 3 to subpart GGG of this part is emitted from the waste 
management units up to the activated sludge unit.
    (2) References in Sec. 63.132(g) to ``Group 1'' wastewater mean 
``affected'' wastewater for the purposes of this subpart.
    (3) The references in Sec. 63.132(g)(2) to ``Secs. 63.133 through 
63.147'' and in Sec. 63.132(g)(1)(ii) to ``provisions of this subpart'' 
(i.e., subpart G) refer to the process wastewater provisions in 
Secs. 63.2450 through 63.2490, 63.2520, and 63.2525 for the purposes of 
this subpart.
    (4) The reference in Sec. 63.132(g)(2) to ``Sec. 63.102(b) of 
subpart F'' does not apply for the purposes of this subpart.
    (b) You must keep a record of the notice sent to the treatment 
operator stating that the wastewater stream or residual contains 
organic HAP which are required to be managed and treated in accordance 
with the provisions of this subpart.

Notification, Reports, and Records


Sec. 63.2515  What notifications must I submit and when?

    (a) You must submit all of the notifications in Secs. 63.6(h)(4) 
and (5), 63.7(b) and (c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) 
through (h) that apply to you by the dates specified. For any 
performance test required as part of the initial compliance procedures 
for batch process vents in Table 11 of this subpart, you must also 
submit the test plan required by Sec. 63.7(c) and the emission profile 
with the Notification of the Performance Test.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before the effective date of the subpart, you must submit an 
Initial Notification not later than 120 calendar days after the 
effective date of the subpart.
    (c) As specified in Sec. 63.9(b)(3), if you startup your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) Notification of Compliance Status. If you are required to 
conduct a performance test, design evaluation, or other initial 
compliance demonstration as specified in Tables 10 through 16 of this 
subpart, you must submit a Notification of Compliance Status according 
to the schedule in paragraphs (e)(1) and (2) of this section, and the 
Notification of Compliance Status must contain the information 
specified in paragraph (e)(3) of this section.
    (1) For an existing source in operation on the effective date, you 
must submit the Notification of Compliance Status no later than the 
compliance date specified in Sec. 63.2445(b). For parts of an area 
source that become a major source and an existing affected source, you 
must submit the Notification of Compliance Status no later than the 
compliance date specified in Sec. 63.2445(d)(2).
    (2) If you have a new source, reconstructed source, or parts of a 
former area source that are a new source, you must submit the 
Notification of Compliance Status no later than 240 days after the 
applicable compliance date specified in Sec. 63.2445(a) or (d)(1).
    (3) The Notification of Compliance Status must include the 
information in paragraphs (e)(3)(i) through (viii) of this section.
    (i) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP emissions 
from the affected source.
    (ii) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, flare compliance assessments, 
inspections and repairs, and calculations used to demonstrate initial 
compliance according to Tables 10 through 16 of this subpart. For 
performance tests, results must include descriptions of sampling and 
analysis procedures and quality assurance procedures.
    (iii) Descriptions of monitoring devices, monitoring frequencies, 
and the operating limits established during the initial compliance 
demonstrations, including data and calculations to support the levels 
you establish.
    (iv) Listing of all operating scenarios.

[[Page 16195]]

    (v) Descriptions of worst-case operating and/or testing conditions 
for control devices.
    (vi) Identification of emission points subject to overlapping 
requirements described in Sec. 63.2535 and the authority under which 
you will comply.
    (vii) The information specified in Sec. 63.1039(a)(1) through (3) 
for each process subject to the work practice standards for equipment 
leaks in Table 5 of this subpart.
    (viii) If you are complying with the vapor balancing work practice 
standard for storage tanks, include a statement to that effect, and a 
statement that the pressure vent setting on the storage tank is equal 
to or greater than 2.5 pounds per square inch gauge (psig), as 
specified in Table 13 of this subpart.
    (f) Notification of Process Change. (1) Except as specified in 
paragraph (f)(2) of this section, whenever you make a process change, 
or change any of the information submitted in the Notification of 
Compliance Status, you must submit a report semiannually. For the 
purposes of this section, a process change means the startup of a new 
process, as defined in Sec. 63.2550. You may submit the notification as 
part of the compliance report required under Sec. 63.2520(d). The 
notification must include all of the information in paragraphs 
(f)(1)(i) through (iv) of this section.
    (i) A brief description of the process change.
    (ii) A description of any modifications to standard procedures or 
quality assurance procedures.
    (iii) Revisions to any of the information reported in the original 
Notification of Compliance Status under paragraph (e) of this section.
    (iv) Information required by the Notification of Compliance Status 
under paragraph (e) of this section for changes involving the addition 
of processes or equipment.
    (2) You must submit a report 60 days before the scheduled 
implementation date of either of the changes identified in paragraphs 
(f)(2)(i) or (ii) of this section.
    (i) Any change in the activity covered by the Precompliance report.
    (ii) A change in the status of a control device from small to 
large.


Sec. 63.2520  What reports must I submit and when?

    (a) You must submit each report in Table 20 of this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 20 of this subpart and according to paragraphs 
(b)(1) through (5) of this section.
    (1) The first Compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in 
Sec. 63.2445 and ending on June 30 or December 31, whichever date is 
the first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec. 63.2445.
    (2) The first Compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for 
your affected source in Sec. 63.2445.
    (3) Each subsequent Compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent Compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent Compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) Precompliance report. You must submit a Precompliance report to 
request approval of any of the information in paragraphs (c)(1) through 
(5) of this section. We will either approve or disapprove the report 
within 90 days after we receive it. If we disapprove the report, you 
must still be in compliance with the emission limitations and work 
practice standards in this subpart by the compliance date. To change 
any of the information submitted in the report, you must notify us 60 
days before the planned change is to be implemented.
    (1) Requests for approval to set operating limits for parameters 
other than those in Table 8 of this subpart, and for control devices 
and treatment units other than those in Table 8 of this subpart. 
Alternatively, you may make these requests according to Sec. 63.8(f).
    (2) Descriptions of daily or per batch demonstrations to verify 
that control devices subject to entry 8. on Table 8 of this subpart are 
operating as designed.
    (3) A description of the test conditions, data, calculations, and 
other information used to establish additional operating limits 
according to Sec. 63.2470(e)(3).
    (4) Data and rationale used to support an engineering assessment to 
calculate uncontrolled emissions from process vents as required in 
Table 11 of this subpart.
    (5) The pollution prevention demonstration summary required in 
Sec. 63.2495(c)(1), if you are complying with the pollution prevention 
alternative.
    (d) Compliance report. The Compliance report must contain the 
information specified in paragraphs (d)(1) through (10) of this 
section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the Compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) The Compliance report must contain the information on 
deviations according to paragraphs (d)(5)(i), (ii), and (iii) of this 
section.
    (i) If there are no deviations from any emission limitations 
(emission limits and operating limits) that apply to you, and there are 
no deviations from the requirements for work practice standards in 
Table 19 of this subpart, include a statement that there were no 
deviations from the emission limitations or work practice standards 
during the reporting period.
    (ii) For each deviation from an emission limitation (emission 
limits and operating limits) and for each deviation from the 
requirements for work practice standards in Table 19 of this subpart 
that occurs at an affected source where you are not using a continuous 
monitoring system (CMS) to comply with the emission limitations or work 
practice standards in this subpart, you must include the information in 
paragraphs (d)(5)(ii)(A) through (C) of this section. This includes 
periods of startup, shutdown, and malfunction.
    (A) The total operating time of each affected source during the 
reporting period.
    (B) Information on the number, duration, and cause of deviations 
(including unknown cause, if

[[Page 16196]]

applicable), as applicable, and the corrective action taken.
    (C) Operating logs and operating scenarios.
    (iii) For each deviation from an emission limitation (emission 
limits and operating limits) occurring at an affected source where you 
are using a CMS to comply with the emission limit in this subpart, you 
must include the information in paragraphs (d)(5)(iii)(A) through (N) 
of this section. This includes periods of startup, shutdown, and 
malfunction.
    (A) The date and time that each malfunction started and stopped.
    (B) The date and time that each CMS was inoperative, except for 
zero (low-level) and high-level checks.
    (C) The date, time, and duration that each CEMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (D) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, 
or malfunction or during another period.
    (E) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (F) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (G) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent 
of the total source operating time during that reporting period.
    (H) An identification of each hazardous air pollutant that was 
monitored at the affected source.
    (I) A brief description of the process units.
    (J) A brief description of the CMS.
    (K) The date of the latest CMS certification or audit.
    (L) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (M) Operating logs and operating scenarios.
    (N) The operating day or operating block average values of 
monitored parameters.
    (6) If there were no periods during which the CMS (including CEMS 
and CPMS) was out-of-control as specified in Sec. 63.8(c)(7), include a 
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
    (7) If you invoke the delay of repair provisions in Sec. 63.104(e) 
for heat exchange systems, you must include the information in 
Sec. 63.104(f)(2)(i) through (iv) in your next compliance report. If 
the leak remains unrepaired, you must also submit the information in 
each subsequent compliance report until the repair of the leak is 
reported.
    (8) Include the information in paragraphs (d)(8)(i) through (iii) 
of this section, as applicable, for storage tanks subject to the 
emission limitations and work practice standards in Table 4 of this 
subpart.
    (i) For each storage tank subject to control requirements, include 
periods of planned routine maintenance during which the control device 
does not comply with the emission limitation in Table 4 of this 
subpart.
    (ii) For each storage tank controlled with a floating roof, include 
a copy of the inspection record (required in Sec. 63.1065) when 
inspection failures occur.
    (iii) If you elect to use an extension for a floating roof 
inspection in accordance with Sec. 63.1063(c)(2)(iv)(B) or (e)(2), 
include the documentation required by Sec. 63.1063 (c)(2)(iv)(B) or 
(e)(2).
    (9) Include each new operating scenario which has been operated 
since the time period covered by the last compliance report. For each 
new operating scenario, you must provide verification that the 
operating conditions for any associated control or treatment device 
have not been exceeded and that any required calculations and 
engineering analyses have been performed. For the initial compliance 
report, each operating scenario operated since the compliance date must 
be submitted.
    (10) Include the information specified in Sec. 63.1039(b)(1) 
through (8) for processes subject to the work practice standards for 
equipment leaks in Table 5 of this subpart.
    (e) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a Compliance report pursuant to Table 20 of this subpart 
along with, or as part of, the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the 
Compliance report includes all required information concerning 
deviations from any emission limitation (including any operating 
limit), or work practice standard in this subpart, submission of the 
Compliance report shall be deemed to satisfy any obligation to report 
the same deviations in the semiannual monitoring report. However, 
submission of a Compliance report shall not otherwise affect any 
obligation the affected source may have to report deviations from 
permit requirements to the permit authority.


Sec. 63.2525  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) 
through (11) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (4) Records specified in Sec. 63.1038(b) and (c) for equipment 
subject to the work practice standards for equipment leaks in Table 5 
of this subpart.
    (5) Daily schedule or log of each operating scenario.
    (6) The information specified in paragraphs (a)(6)(i) and (ii) for 
batch processes in compliance with a percent reduction emission limit 
in Table 2 of this subpart and containing process vents controlled to 
less the percent reduction requirement.
    (i) Records of whether each batch operated was considered a 
standard batch.
    (ii) The actual uncontrolled and controlled emissions for each 
batch that is considered to be a nonstandard batch.
    (7) The information specified in paragraphs (a)(7)(i) through (iv) 
of this section for each batch process with uncontrolled HAP emissions 
less than 10,000 lb/yr.
    (i) A record of the number of batches per year.
    (ii) A record of whether each batch operated was considered a 
standard batch.
    (iii) The actual uncontrolled and controlled emissions for each 
batch that is considered to be a nonstandard batch.
    (iv) Records of the daily 365-day rolling summations of emissions.
    (8) Records of planned routine maintenance for control devices used 
to comply with the percent reduction emission limitations for storage 
tanks in Table 4 of this subpart.
    (9) The maintenance wastewater plan required in Table 12 of this 
subpart.
    (10) A record of each time a safety device is opened to avoid 
unsafe

[[Page 16197]]

conditions in accordance with Sec. 63.2450(c).
    (11) Records of the results of each CPMS calibration, validation 
check, and inspection required by Sec. 63.2475(c)(6) through (8), 
(d)(4) and (5), (e)(4) through (7), and (f)(3) and (4).
    (b) For each CEMS, you must keep the records specified in 
paragraphs (b)(1) through (4) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (3) Request for alternatives to relative accuracy test for CEMS as 
required in Sec. 63.8(f)(6)(i).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Tables 17, 18, and 19 of 
this subpart to show continuous compliance with each emission 
limitation and work practice standard that applies to you.


Sec. 63.2530  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record according to Sec. 63.10(b)(1). You can keep 
the records offsite for the remaining 3 years.

Other Requirements and Information


Sec. 63.2535  What compliance options do I have if part of my plant is 
subject to both this subpart and another subpart?

    (a) Compliance with other subparts of this part. If you have an 
MCPU that is a batch process vent that is part of a CMPU as defined in 
subparts F and G of this part, you must comply with the emission 
limitations; work practice standards; and the compliance, monitoring, 
reporting and recordkeeping requirements for batch process vents in 
this subpart FFFF, and you must continue to comply with the 
requirements in subparts F, G, and H of this part that are applicable 
to the CMPU and associated equipment.
    (b) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (1) After the compliance dates specified in Sec. 63.2445, if a 
control device that you use to comply with this subpart is also subject 
to monitoring, recordkeeping, and reporting requirements in 40 CFR part 
264, subpart AA, BB, or CC; or the monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC; and you comply 
with the periodic reporting requirements under 40 CFR part 264, subpart 
AA, BB, or CC that would apply to the device if your facility had 
final-permitted status, you may elect to comply either with the 
monitoring, recordkeeping, and reporting requirements of this subpart; 
or with the monitoring and recordkeeping requirements in 40 CFR part 
264 or 265 and the reporting requirements in 40 CFR part 264, as 
described in this paragraph, which constitute compliance with the 
monitoring, recordkeeping, and reporting requirements of this subpart. 
If you elect to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, you must report 
the information described in Sec. 63.2520, and you must identify in the 
Notification of Compliance Status required by Sec. 63.2520 the 
monitoring, recordkeeping, and reporting authority under which you will 
comply.
    (2) After the compliance dates specified in Sec. 63.2445, if you 
have an affected source with equipment that is also subject to 40 CFR 
part 264, subpart BB or to 40 CFR part 265, subpart BB, then compliance 
with the recordkeeping and reporting requirements of 40 CFR part 264 
and/or 265 may be used to comply with the recordkeeping and reporting 
requirements of this subpart, to the extent that the requirements of 40 
CFR part 264 and/or 265 duplicate the requirements of this subpart. You 
must identify in the Notification of Compliance Status required by 
Sec. 63.2520 if you will comply with the recordkeeping and reporting 
authority under 40 CFR part 264 and/or 265.
    (c) Compliance with 40 CFR part 60, subpart Kb. After the 
compliance dates specified in Sec. 63.2445, you are in compliance with 
the provisions of this subpart FFFF for any storage tank that is 
assigned to an MCPU and that is both controlled with a floating roof 
and in compliance with the provisions of 40 CFR part 60, subpart Kb. 
You are in compliance with this subpart FFFF if you have a storage tank 
with a fixed roof, closed-vent system, and control device in compliance 
with the provisions of 40 CFR part 60, subpart Kb, except that you must 
comply with the monitoring, recordkeeping, and reporting requirements 
in this subpart FFFF. You must also identify in your Notification of 
Compliance Status required by Sec. 63.2520 which storage tanks are in 
compliance with 40 CFR part 60, subpart Kb.
    (d) Compliance with subpart I of this part. After the compliance 
dates specified in Sec. 63.2445, if you have an affected source with 
equipment subject to subpart I of this part, you may elect to comply 
with either the provisions of this subpart FFFF or the provisions of 
subpart H of this part for all such equipment. You must identify in the 
Notification of Compliance Status required by Sec. 63.2520 the 
provisions with which you will comply.
    (e) Compliance with subpart GGG of this part for equipment leaks. 
After the compliance dates specified in Sec. 63.2445, if you have an 
affected source subject to this subpart and you have an affected source 
with equipment subject to Sec. 63.1255, you may elect to comply with 
the provisions of this subpart FFFF for all such equipment. You must 
identify in the Notification of Compliance Status required by 
Sec. 63.2520 the provisions with which you will comply.
    (f) Compliance with subpart MMM of this part for equipment leaks. 
After the compliance dates specified in Sec. 63.2445, if you have an 
affected source subject to this subpart and you have an affected source 
with equipment subject to Sec. 63.1363, you may elect to comply with 
the provisions of this subpart FFFF for all such equipment. You must 
identify in the Notification of Compliance Status required by 
Sec. 63.2520 the provisions with which you will comply.
    (g) Compliance with subpart GGG of this part for wastewater. After 
the compliance dates specified in Sec. 63.2445, if you have an affected 
source subject to this subpart and you have an affected source that 
generates wastewater streams subject to Sec. 63.1256, you may elect to 
comply with the provisions of this subpart FFFF for all such wastewater 
streams. You must identify in the Notification of Compliance Status 
required by Sec. 63.2520 the provisions with which you will comply.
    (h) Compliance with subpart MMM of this part for wastewater. After 
the compliance dates specified in Sec. 63.2445, if you have an affected 
source subject to this subpart, and you have an affected source that 
generates wastewater streams subject to Sec. 63.1362(d), you may elect 
to comply with the provisions of this subpart FFFF for all such 
wastewater streams (except that the 99 percent reduction requirement 
for streams subject to Sec. 63.1362(d)(10) still applies). You must 
identify in the Notification of Compliance Status required by 
Sec. 63.2520 the provisions with which you will comply.

[[Page 16198]]

    (i) Compliance with other regulations for wastewater. After the 
compliance dates specified in Sec. 63.2445, if you have an affected 
wastewater stream that is also subject to provisions in 40 CFR parts 
260 through 272, you may elect to determine whether this subpart or 40 
CFR parts 260 through 272 contain the more stringent control 
requirements (e.g., design, operation, and inspection requirements for 
waste management units; numerical treatment standards; etc.) and the 
more stringent testing, monitoring, recordkeeping, and reporting 
requirements. Compliance with provisions of 40 CFR parts 260 through 
272 that are determined to be more stringent than the requirements of 
this subpart constitute compliance with this subpart. For example, 
provisions of 40 CFR parts 260 through 272 for treatment units that 
meet the conditions specified in Sec. 63.138(h) constitute compliance 
with this subpart. In the Notification of Compliance Status required by 
Sec. 63.2520, you must identify the more stringent provisions of 40 CFR 
parts 260 through 272 with which you will comply. You must also 
identify in the Notification of Compliance Status required by 
Sec. 63.2520 the information and procedures that you used to make any 
stringency determinations. If you do not elect to determine the more 
stringent requirements, you must comply with both the provisions of 40 
CFR parts 260 through 272 and the provisions of this subpart.
    (j) Compliance with 40 CFR part 60, subparts III, NNN, and RRR. 
After the compliance dates specified in Sec. 63.2445, if you have an 
MCPU that contains equipment subject to the provisions of this subpart 
that are also subject to the provisions of 40 CFR part 60, subpart III, 
NNN, or RRR, you may elect to apply this subpart to all such equipment 
in the MCPU. If you elect this method of compliance, you must consider 
all total organic compounds, minus methane and ethane, in such 
equipment for purposes of applicability and compliance with this 
subpart, as if they were organic HAP. Compliance with the provisions of 
this subpart, in the manner described in this paragraph, will 
constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as 
applicable.


Sec. 63.2540  What parts of the General Provisions apply to me?

    Table 21 of this subpart shows which parts of the General 
Provisions in Secs. 63.1 through 63.15 apply to you.


Sec. 63.2545  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the US EPA, 
or a delegated authority such as your State, local, or tribal agency. 
If the US EPA Administrator has delegated authority to your State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. You should contact your US EPA 
Regional Office to find out if this subpart is delegated to your State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of US EPA and are not 
delegated to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as follows:
    (1) Approval of alternatives to the non-opacity emission 
limitations and work practice standards in Sec. 63.2450(a) under 
Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.2550  What definitions apply to this subpart?

    (a) The following terms used in this subpart and in referenced 
subparts are defined in Sec. 63.101: heat exchange system, and 
maintenance wastewater.
    (b) The following terms used in this subpart and in referenced 
subparts are defined in Sec. 63.111: annual average concentration, 
annual average flow rate, automated monitoring and recording system, 
boiler, car-seal, closed-vent system, combustion device, container, 
cover, duct work, enhanced biological treatment system, flow indicator, 
halogenated vent stream, hard-piping, individual drain system, junction 
box, oil-water separator, point of determination, primary fuel, process 
heater, residual, sewer line, surface impoundment, Table 8 compound, 
Table 9 compound, total resource effectiveness (TRE) index value, 
treatment process, wastewater tank, and water seal controls.
    (c) The following terms used in this subpart and in referenced 
subparts are defined in Sec. 63.1020: connector, double block and bleed 
system, in gas and vapor service, in heavy liquid service, in light 
liquid service, in liquid service, in organic HAP service, in vacuum 
service, instrumentation system, liquids dripping, nonrepairable, open-
ended valve or line, pressure relief device or valve, repaired, and 
screwed (threaded) connector.
    (d) The following terms used in this subpart and in referenced 
subparts are defined in Sec. 63.1601: external floating roof (EFR), 
flexible fabric sleeve seal, floating roof, initial fill or initial 
filling, internal floating roof (IFR), liquid-mounted seal, mechanical 
shoe seal or metallic shoe, and vapor-mounted seal.
    (e) The following terms used in this subpart and in referenced 
subparts are defined in Sec. 63.1251: actual HAP emissions, air 
pollution control device (or control device), batch emission episode, 
batch operation or batch process, block, cleaning operation, 
consumption, fixed roof, hydrogen halides and halogens, nondedicated 
formulation, process condenser, production-indexed HAP consumption 
factor, production-indexed VOC consumption factor, total organic 
compounds (TOC), uncontrolled HAP emissions, and unit operation.
    (f) All terms used in this subpart that are not listed in 
paragraphs (a) through (e) of this section are defined in the CAA, in 
40 CFR 63.2, the General Provisions of this part, and in this section 
as follows:
    Bulk loading means the loading, into a tank truck or rail car, of 
liquid products or isolated intermediates that are materials described 
in Sec. 63.2435(b) and that contain one or more of the organic HAP, as 
defined in section 112 of the CAA, from a loading rack. A loading rack 
is the system used to fill tank trucks and railcars at a single 
geographic site.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from 
the treatment process are routed to a control device by means of a 
closed-vent system or by means of hard-piping. The tank or surface 
impoundment has a fixed roof, as defined in Sec. 63.1251, or a floating 
flexible membrane cover that meets the requirements specified in 
Sec. 63.134.
    Construction means the onsite fabrication, erection, or 
installation of an affected source or MCPU. Addition of new equipment 
to an MCPU subject to existing source standards does not constitute 
construction, but it may constitute reconstruction of the affected 
source or MCPU if it satisfies the definition of reconstruction in 
Sec. 63.2440 (f) or (g).

[[Page 16199]]

    Consumption means the quantity of all HAP raw materials entering a 
process in excess of the theoretical amount used as reactant, assuming 
100 percent stoichiometric conversion. The raw materials include 
reactants, solvents, and any other additives. If a HAP is generated in 
the process as well as added as a raw material, consumption includes 
the quantity generated in the process.
    Dedicated MCPU means an MCPU that is composed of equipment that is 
used to manufacture the same product for a continuous period of 6 
months or greater. The MCPU includes any shared storage tanks that are 
determined to belong to the MCPU according to the procedures in 
Sec. 63.2440(c).
    Dense gas system means a conveyance system operated to limit oxygen 
levels below 12 percent.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation 
(including any operating limit) or work practice standard;
    (2) fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless or whether or not such failure is 
permitted by this subpart.
    Emission limitation means any emission limit or operating limit.
    Family of materials means grouping of materials with the same basic 
composition produced using the same basic feedstocks, but that may 
vary, for example, by molecular weight, functional group, or 
manufacturing equipment configuration. Examples of families of 
materials include, but are not limited to, alkyd resins, polyester 
resins, and synthetic fatty acids.
    Isolated intermediate is obtained as the product of a process. An 
isolated intermediate is usually a product of a chemical synthesis, 
fermentation, or biological extraction process; several different 
isolated intermediates may be produced in the manufacture of a product. 
An isolated intermediate is stored before subsequent processing. 
Storage occurs at any time the intermediate is placed in equipment used 
solely for storage, such as drums, totes, day tanks, and storage tanks. 
The storage of an isolated intermediate marks the end of a process.
    Large control device means a control device that controls total HAP 
emissions of greater than or equal to 10 tons/yr, before control.
    Maintenance wastewater means wastewater generated by the draining 
of process fluid from components in the MCPU into an individual drain 
system in preparation for or during maintenance activities. Maintenance 
wastewater can be generated during planned and unplanned shutdowns and 
during periods not associated with a shutdown. Examples of activities 
that can generate maintenance wastewater include descaling of heat 
exchanger tubing bundles, cleaning of distillation column traps, 
draining of pumps into an individual drain system, and draining of 
portions of the MCPU for repair. Wastewater from cleaning operations is 
not considered maintenance wastewater.
    Miscellaneous organic chemical manufacturing process means all 
equipment which collectively function to produce a product or isolated 
intermediate that are materials described in Sec. 63.2435(b). A process 
may consist of one or more unit operations. For the purposes of this 
subpart, process includes any, all or a combination of reaction, 
recovery, separation, purification, or other activity, operation, 
manufacture, or treatment which are used to produce a product or 
isolated intermediate. Cleaning operations conducted are considered 
part of the process. Nondedicated solvent recovery operations located 
within a contiguous area within the affected source are considered 
single processes. A storage tank that is used to accumulate used 
solvent from multiple batches of a single process for purposes of 
solvent recovery does not represent the end of the process. 
Nondedicated formulation operations (not including mixing, as defined 
in this section) occurring within a contiguous area are considered a 
single process that is used to formulate numerous materials and/or 
products. Quality assurance and quality control laboratories are not 
considered part of any process. Ancillary activities are not considered 
a process or part of any process. Ancillary activities include boilers 
and incinerators (not used to comply with the emission limitations in 
Tables 1 through 4 of this subpart), chillers and refrigeration 
systems, and other equipment and activities that are not directly 
involved (i.e., they operate within a closed system and materials are 
not combined with process fluids) in the processing of raw materials or 
the manufacturing of a product or isolated intermediate.
    Mixing means an operation in which a material is combined with one 
or more materials at ambient temperature without a chemical reaction.
    Nondedicated solvent recovery means a recovery device that receives 
material from more than one MCPU.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location within a major 
source which encompasses the affected source. On-site includes, but is 
not limited to, storage at the affected source or MCPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Open biological treatment process means a biological treatment 
process that is not a closed biological treatment process as defined in 
this section.
    Operating scenario means, for the purposes of reporting and 
recordkeeping, any specific operation of an MCPU and includes for each 
process:
    (1) A description of the process and the type of process equipment 
used;
    (2) An identification of related process vents and their associated 
emissions episodes and durations, wastewater point of determination 
(POD), and storage tanks;
    (3) The applicable control requirements of this subpart, including 
the level of required control, and for vents, the level of control for 
each vent;
    (4) The control or treatment devices used, as applicable, including 
a description of operating and/or testing conditions for any associated 
control device;
    (5) The process vents, wastewater POD, and storage tanks (including 
those from other processes) that are simultaneously routed to the 
control or treatment device(s);
    (6) The applicable monitoring requirements of this subpart and any 
parametric level that assures compliance for all emissions routed to 
the control or treatment device;
    (7) Calculations and engineering analyses required to demonstrate 
compliance; and
    (8) For reporting purposes, a change to any of these elements not 
previously reported, except for paragraph (5) of this definition, 
constitutes a new operating scenario.
    Predominant HAP means as used in calibrating an analyzer, the 
single organic HAP that constitutes the largest percentage of the total 
HAP in the analyzed gas stream, by volume.

[[Page 16200]]

    Process vent means a vent from a unit operation or vents from 
multiple unit operations within a process that are manifolded together 
into a common header, through which a HAP-containing gas stream is, or 
has the potential to be, released to the atmosphere. Examples of 
process vents include, but are not limited to, vents on condensers used 
for product recovery, bottom receivers, surge control vessels, 
reactors, filters, centrifuges, and process tanks. Emission streams 
that are undiluted and uncontrolled containing less than 50 ppmv HAP, 
as determined through process knowledge that no HAP are present in the 
emission stream or using an engineering assessment as discussed in 
Sec. 63.1257(d)(2)(ii), test data using Methods 18 of 40 CFR part 60, 
appendix A, or any other test method that has been validated according 
to the procedures in Method 301 of appendix A of this part, are not 
considered process vents. Process vents do not include vents on storage 
tanks, wastewater emission sources, or pieces of equipment subject to 
the emission limitations and work practice standards in Tables 3 
through 5 of this subpart.
    Recovery device means an individual unit of equipment used for the 
purpose of recovering chemicals from process vent streams for reuse in 
a process at the affected source and from wastewater streams for fuel 
value (i.e., net positive heating value), use, reuse, or for sale for 
fuel value, use or reuse. Examples of equipment that may be recovery 
devices include absorbers, carbon adsorbers, condensers, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. To be a 
recovery device for a wastewater stream, a decanter and any other 
equipment based on the operating principle of gravity separation must 
receive only two-phase liquid streams.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Shutdown means the cessation of operation of a continuous process 
for any purpose. Shutdown also means the cessation of a batch process 
or any related individual piece of equipment required or used to comply 
with this subpart as a result of a malfunction or for replacement of 
equipment, repair, or any other purpose not excluded from this 
definition. Shutdown also applies to emptying and degassing storage 
vessels. Shutdown does not apply to cessation of a batch process at the 
end of a campaign, for routine maintenance, for rinsing or washing of 
equipment between batches, or other routine operations.
    Small control device means a control device that controls total HAP 
emissions of less than 10 tons/yr, before control.
    Standard batch means a batch process operated within a range of 
operating conditions that are documented in an operating scenario. 
Emissions from a standard batch are based on the operating conditions 
that result in highest emissions. The standard batch defines the 
uncontrolled and controlled emissions for each emission episode defined 
under the operating scenario.
    Startup means the setting in operation of a continuous process unit 
for any purpose the first time a new or reconstructed batch process 
unit begins production; or, for new equipment added, including 
equipment used to comply with this subpart, the first time the 
equipment is put into operation; or for the introduction of a new 
product/process, the first time the product or process is run in 
equipment. For batch process units, startup does not apply to the first 
time the equipment is put into operation at the start of a campaign to 
produce a product that has been produced in the past, after a shutdown 
for maintenance, or when the equipment is put into operation as part of 
a batch within a campaign. For equipment subject to the work practice 
standards in Table 5 of this subpart, startup means the setting in 
operation of a piece of equipment or a control device that is subject 
to this subpart.
    Storage tank means a tank or other vessel that is used to store 
organic liquids that contain one or more HAP as raw material 
feedstocks. Storage tank also means a tank or other vessel in a tank 
farm that receives and accumulates used solvent from multiple batches 
of a process or processes for purposes of solvent recovery. The 
following are not considered storage tanks for the purposes of this 
subpart:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels storing organic liquids that contain HAP only as 
impurities;
    (4) Wastewater storage tanks; and
    (5) Process tanks (including product tanks and isolated 
intermediate tanks).
    Supplemental gases are any gaseous streams that are not defined as 
process ents, or closed-vent systems from wastewater management and 
treatment units, storage tanks, or equipment components and that 
contain less than 50 ppmv TOC, as determined through process knowledge, 
that are introduced into vent streams or manifolds. Air required to 
operate combustion device burner(s) is not considered supplemental gas.
    System flowrate means the flowrate of gas entering the control 
device.
    Total organic compounds or (TOC) means the total gaseous organic 
compounds (minus methane and ethane) in a vent stream, with the 
concentrations expressed on a carbon basis.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater 
streams or residuals. Examples of waste management units include 
wastewater tanks, air flotation units, surface impoundments, 
containers, oil-water or organic-water separators, individual drain 
systems, biological wastewater treatment units, waste incinerators, and 
organic removal devices such as steam and air stripper units, and thin 
film evaporation units. If such equipment is used for recovery, then it 
is part of a miscellaneous organic chemical manufacturing process and 
is not a waste management unit.
    Wastewater stream means water that is discarded from an MCPU 
through a single POD and that contains either: an annual average 
concentration of Table 9 compounds (as defined in Sec. 63.111) of at 
least 5 ppmw and has an annual average flow rate of 0.02 liters per 
minute or greater, or an annual average concentration of Table 9 
compounds (as defined in Sec. 63.111) of at least 10,000 ppmw at any 
flow rate. For the purposes of this subpart, noncontact cooling water 
is not considered a wastewater stream.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act (CAA).

Tables to Subpart FFFF of Part 63

    As required in Secs. 63.2450(a)(1) and (f), 63.2460(a)(2), and 
63.2500(b)(1), you must meet each emission limitation and work practice 
standard in the following table that applies to your continuous process 
vents:

[[Page 16201]]



    Table 1 to Subpart FFFF.--Emission Limitations and Work Practice
                 Standards for Continuous Process Vents
------------------------------------------------------------------------
          For * * *              You must * * *      And you must * * *
------------------------------------------------------------------------
1. Each continuous process    Use a control device  Route the vent
 vent with a TRE: 2.6 at an existing         emissions by 5.0     thn-eq>98 percent     through a closed-
 at a new or reconstructed     by weight; or use a   vent system; and
 source.                       control device to     comply with the
                               reduce emissions to   work practice
                               an outlet total       standards for
                               organic HAP or TOC    closed-vent systems
                               concentraiton 20 ppmv and    5 of this subpart;
                               an outlet hydrogen    and comply with the
                               halide and halogen    emission
                               concentration ppmv, both     Table 7 of this
                               corrected for         subpart, if you use
                               supplemental gases    a combustion device
                               as specified in       to control
                               Sec.  63.2470(g);     halogenated vent
                               or reduce HAP         streams. Determine
                               emissions using a     whether a vent
                               flare that meets      stream is
                               the performance       halogenated
                               requirements          according to Sec.
                               specified in Sec.     63.2460(b).
                               63.11(b), but you
                               may not use a flare
                               for halogenated
                               vent streams; or
                               reduce HPA
                               emissions using a
                               control device
                               specified in Sec.
                               63.2455(f); or
                               achieve and
                               maintain a TRE
                               index value >2.6
                               for existing
                               sources and 5.0 for
                               new sources at the
                               outlet of the final
                               recovery device, or
                               prior to release of
                               the vent streasm to
                               the atmosphere if
                               no recovery device
                               is present.
2. Each continuous process    Maintain the TRE      Non applicable.
 vent with a TRE >2.6 but      >2.6 at the outlet
 5.0 at an          of the final
 existing source.              recovery device, or
                               prior to release of
                               the vent stream to
                               the atmosphere if
                               no recovery device
                               is present.
3. Each continuous process    Maintain the TRE      Non applicable
 vent with a TRE >5.0 but      >5.0 at the outlet
 8.0 at a new or    of the final
 reconstructed source.         recovery device, or
                               prior to release of
                               the vent stream to
                               the atmosphere if
                               no recovery device
                               is present.
------------------------------------------------------------------------

    As required in Secs. 63.2450(a)(2) and (f), 63.2495(b), 
63.2500(b)(1), and 63.2505(a)(4), you must meet each emission 
limitation and work practice standard in the following table that 
applies to your batch process vents:

    Table 2 to Subpart FFFF.--Emission Limitations and Work Practice
                    Standards for Batch Process Vents
------------------------------------------------------------------------
          For * * *              You must * * *      And you must * * *
------------------------------------------------------------------------
1. The sum of all batch       Maintain annual       Non applicable.
 process vents within a        emissions below the
 process if the total          applicable mass
 uncontrolled HAP emission     limits.
 are 10,000 lb/yr at an
 existing source; or 3,000
 lb/yr at a new or
 reconstruced source.
2. The sum of all batch       Reduce HAP emissions  For each vent stream
 process vents within a        from the sum of all   that you control,
 process with uncontrolled     batch process vents   route the vent
 total HAP emissions 10,000 lb/yr at an         by 98      closed-vent system
 existing source; or 3,000 lb/yr at a new or    or reduce HAP         device; and comply
 reconstructed source.         emissions from the    with the work
                               sum of all batch      practice standards
                               process vents         for closed-vent
                               within the process    systems specified
                               by 95      in Table 5 of this
                               percent by weight     subpart; and comply
                               using recovery        with the emission
                               devices; or control   limitations in
                               emissions from any    Table 7 of this
                               batch vents within    subpart, if you use
                               the process in        a combustion device
                               accordance with any   to control
                               combination of the    halogenated vent
                               following, and        streams. Determine
                               reduce HAP            whether a vent
                               emissions from the    stream is
                               sum of all the        halogenated
                               remaining batch       according to Sec.
                               vents within the      63.2460(b).
                               process by 98 percent by
                               weight: reduce HAP
                               emissions using a
                               flare that meets
                               the performance
                               requiremetns
                               specified in Sec.
                               63.11(b), but you
                               may not use a flare
                               for halogenated
                               vent streams; or
                               reduce emissions to
                               an outlet total
                               organic HAP or TOC
                               concentration 20 ppmv and
                               an outlet hydrogen
                               halide and halogen
                               concentration 20 ppmv,
                               both corrected for
                               supplemental gases
                               as specified in
                               Sec.  63.2470(g);
                               or reduce HAP
                               emissions using a
                               control device
                               specified in Sec.
                               63.2455(f).
------------------------------------------------------------------------

    As required in Secs. 63.2450(a)(3) and (f), 63.2460(c), 63.2495(b), 
and 63.2500(b)(1), you must meet each emission limitation and work 
practice standard in the following table that applies to your 
wastewater streams, waste management units, and liquid streams in open 
systems within an MCPU:

[[Page 16202]]



    Table 3 to Subpart FFFF.--Emission Limitations and Work Practice
  Standards for Wastewater Streams, Waste Management Units, and Liquid
                 Streams in Open Systems Within an MCPU
------------------------------------------------------------------------
                                                      According to the
                                                          following
       For each * * *            You must * * *      additional options
                                                     and  exceptions * *
--------------------------------------------------------------*---------
1. Waste management unit      Suppress HAP          For any halogenated
 (i.e., wastewater tank,       emissions by          streams that are
 surface impoundment           complying with the    controlled with a
 container, individual drain   requirements          combustion device,
 system, and oil-water         specified in Secs.    also comply with
 separator) used to convey,    63.132(a)(2)(i) and   the emission
 store, treat, or dispose of   63.133 through        limitations in
 an affected wastewater        63.137; and route     Table 7 of this
 stream or residual.           vent streams from     subpart. Determine
                               the waste             whether a vent
                               management units      stream is
                               through a closed-     halogenated
                               vent system to any    according to Sec.
                               of the following: A   63.2460(b); and you
                               flare that meets      must correct outlet
                               the performance       concentrations to
                               requirements of       account for
                               Sec.  63.11(b),       supplemental gases
                               except that you may   using the
                               not vent a            procedures
                               halogenated vent      specified in Sec.
                               stream to a flare,    63.2470(g); and you
                               or a control device   may not comply with
                               that reduces HAP      the outlet
                               emissions by 95 percent     standard for
                               by weight; or a       surface
                               control device that   impoundments and
                               reduces emissions     containers.
                               to an outlet total
                               organic HAP or TOC
                               concentration 20 ppmv; or
                               a combustion device
                               with a minimum
                               residence time of
                               0.5 seconds at a
                               minimum temperature
                               of 760 deg.C; or a
                               control device
                               specified in Sec.
                               63.2455(f); and
                               comply with the
                               work practice
                               standards for
                               closed-vent systems
                               specified in Table
                               5 of this subpart.
2. Affected wastewater        Treat the wastewater  The treatment
 stream at an existing         to remove or          options may be used
 source.                       destroy HAP           in combination for
                               compounds listed in   different
                               Table 9 of subpart    wastewater streams
                               G using one of the    and/or for
                               options specified     different compounds
                               in Sec.               in the same
                               63.138(b)(1), (d),    wastewater streams,
                               (e), (f), (g), (h),   except where
                               or (i).               otherwise provided
                                                     in Sec.  63.138;
                                                     you may use a
                                                     series of treatment
                                                     processes in
                                                     accordance with the
                                                     provisions in Sec.
                                                     63.138(a)(7); and
                                                     you need not cover
                                                     and vent an open
                                                     biological
                                                     treatment process
                                                     to a control
                                                     device.
3. Affected wastewater        Treat the wastewater  The treatment
 stream at a new or            to remove or          options may be used
 reconstructed source.         destroy HAP           in combination for
                               compounds listed in   different
                               Table 9 of subpart    wastewater streams
                               G using one of the    and/or for
                               options specified     different compounds
                               in Sec.               in the same
                               63.138(b)(1), (d),    wastewater streams,
                               (e), (f), (g), (h),   except where
                               or (i); and treat     otherwise provided
                               the wastewater to     in Sec.  63.138;
                               remove or destroy     and you may use a
                               HAP compounds         series of treatment
                               listed in Table 8     processes in
                               of subpart G using    accordance with the
                               one of the options    provisions in Sec.
                               specified in Sec.     63.138(a)(7); and
                               63.138(c)(1), (d),    you need not cover
                               (e), (f), (g), (h),   and vent an open
                               or (i).               biological
                                                     treatment process
                                                     to a control
                                                     device.
4. Residual removed from an   Control HAP           Non applicable.
 affected wastewater stream.   emissions by
                               complying with the
                               requirements in
                               entry 1. of this
                               table and in Sec.
                               63.138(k).
5. Maintenance wastewater     Develop and           Non applicable.
 containing HAP listed in      implement a
 Table 9 of subpart G of       maintenance
 this part.                    wastewater plan
                               according to Sec.
                               63.105.
6. Liquid stream in an open   Comply with the       Non applicable.
 system within an MCPU.        requirements in
                               Sec.  63.149,
                               except: references
                               in Sec.  63.149 to
                               a ``chemical
                               manufacturing
                               process unit''
                               means an ``MCPU as
                               defined in Sec.
                               63.2435(b)'' for
                               the purposes of
                               this subpart; and
                               references to Sec.
                               63.100(f) and
                               references to
                               subparts F, G, and
                               H of this part do
                               not apply for the
                               purposes of this
                               subpart; and when
                               Sec.  63.149 refers
                               to the definition
                               of new sources in
                               40 CFR 63.100(l)(1)
                               or (2), the
                               definitions for new
                               and reconstructed
                               sources in Sec.
                               63.2440 apply for
                               the purposes of
                               this subpart; and
                               references in Sec.
                               63.149 to fuel gas
                               systems do not
                               apply for the
                               purposes of this
                               subpart; and when
                               Table 35 of subpart
                               G refers to Sec.
                               63.139(c),
                               references to entry
                               d. in this table
                               apply for the
                               purposes of this
                               subpart.
------------------------------------------------------------------------

    As required in Secs. 63.2450(a)(4), (f), and (i), 63.2495(b), and 
63.2500(b)(1) and (c)(1)(vi), you must meet each emission limitation 
and work practice standard in the following table that applies to your 
storage tanks:

[[Page 16203]]



    Table 4 to Subpart FFFF.--Emission Limitations and Work Practice
                       Standards for Storage Tanks
------------------------------------------------------------------------
       For each * * *            You must * * *      And you must * * *
------------------------------------------------------------------------
Storage tank with a capacity  Route emissions       Comply with the work
 10,000 gal         through a closed-     practice standards
 storing material that has a   vent system to        for closed-vent
 maximum true vapor pressure   either: a control     systems specified
 of total HAP: 1.0 psia at an existing    HAP emissions by      subpart.
 source; or 0.1     95
 psia at a new or              percent by weight;
 reconstructed source.         or a control device
                               that reduces
                               emissions to an
                               outlet total
                               organic HAP or TOC
                               concentration less
                               than or equal to 20
                               ppmv and an outlet
                               hydrogen halide and
                               halogen
                               concentration less
                               than or equal to 20
                               ppmv, or a flare
                               that meets the
                               performance
                               requirements
                               specified in Sec.
                               63.11(b); or a
                               control device
                               specified in Sec.
                               63.2455(f); or
                               operate and
                               maintain either an
                               internal floating
                               roof or an external
                               floating roof
                               designed, operated,
                               inspected, and
                               repaired as
                               specified in Sec.
                               63.1063(a) through
                               (e); or vapor
                               balance according
                               to Sec.
                               63.1253(f), except
                               that: the
                               references to Secs.
                               63.1255(g)(4)(i)
                               through (iv),
                               63.1257(c),
                               63.1258, Sec.
                               63.1259, and
                               63.1260 refer to
                               Sec.  63.1024(f)(1)
                               through (3), Table
                               14 of this subpart,
                               Table 19 of this
                               subpart, Sec.
                               63.2525, and Sec.
                               63.2520,
                               respectively; and
                               the 90 percent
                               control requirement
                               in Sec.
                               63.1253(f)(6)(i)
                               means 95 percent
                               for the purposes of
                               this subpart.
------------------------------------------------------------------------

    As required in Secs. 63.2450(a)(5) and (f), 63.2495(b), and 
63.2505(a)(3), you must meet each work practice standard in the 
following table that applies to your equipment leaks, closed-vent 
systems, and heat exchange systems:

    Table 5 to Subpart FFFF of Part 63.--Work Practice Standards for
     Equipment Leaks, Closed-Vent Systems, and Heat Exchange Systems
------------------------------------------------------------------------
             For each * * *                       You must * * *
------------------------------------------------------------------------
1. Piece of equipment that is in         Comply with the provisions in
 organic HAP service and is not           Secs.  63.1022 and 63.1024
 described in Sec.  63.1019(c) through    through 63.1037 (except Sec.
 (e).                                     63.1022(b)(5)).
2. Piece of equipment that is in         Identify the equipment as
 organic HAP service 300 hr/yr.           specified in Sec.
                                          63.1022(b)(5).
3. Closed-vent system that is used to    Conduct annual inspections,
 route emissions to a control device      repair leaks, and maintain
 that is used to comply with an           records as specified in Sec.
 emission limitation or work practice     63.983(b), (c), and (d).
 standard in Tables 1 through 4 or 6 of
 this subpart.
4. Closed-vent system that contains a    Install, calibrate, maintain,
 bypas line that could divert a vent      and operate a flow indicator
 stream away from a control device used   that determines whether vent
 to comply with an emission limitation    stream flow is present. The
 or work practice standard in Tables 1    flow indicator must be
 through 4 and 6 of this subpart,         installed at the entrance to
 except equipment such as low-leg         any bypass line that could
 drains, high bleed points, analyzer      divert the vent stream away
 vents, open-ended valves or lines,       from the control device to the
 rupture disks, and pressure relief       atmosphere, and it must
 valves needed for safety purposes.       indicate either the presence
                                          of flow or lack of flow at
                                          least once every 15 minutes;
                                          or secure the bypass line
                                          valve in the closed position
                                          with a car seal or lock and
                                          key configuration. You must
                                          visually inspect the seal or
                                          closure mechanism at least
                                          once every month to ensure
                                          that the valve is maintained
                                          in the closed position and the
                                          vent stream is not diverted
                                          through the bypass line.
5. Heat exchange system that cools       Monitor and repair the heat
 process equipment or materials in an     exchange system according to
 MCPU.                                    Sec.  63.104(a) through (e),
                                          except that references in Sec.
                                           63.104 to ``chemical
                                          manufacturing process units''
                                          mean or materials in ``MCPU''
                                          for the purposes of this
                                          subpart, and references an
                                          MCPU to Sec.  63.100 do not
                                          apply for the purposes of this
                                          subpart.
------------------------------------------------------------------------

    As required in Sec. 63.2450(a)(6) and (f), you must meet each 
emission limitation and work practice standard in the following table 
that applies to your transfer operations:

[[Page 16204]]



    Table 6 to Subpart FFFF.--Emission Limitations and Work Practice
                    Standards for Transfer Operations
------------------------------------------------------------------------
       For each * * *            You must * * *      And you must * * *
------------------------------------------------------------------------
Transfer operation for bulk   Use a vapor           Design and operate
 loading of product or         balancing system      each vapor
 isolated intermediate with    designed and          collection system
 throughput 0.65    operated to collect   such that HAP
 million liters/yr and a HAP   displaced emissions   collected at one
 partial pressure 1.5 psia.                  the storage tank      not pass through
                               from which the        another loading arm
                               liquid being loaded   to the atmosphere;
                               originated; or        and prevent
                               another storage       pressure relief
                               tank connected to a   devices from
                               common header, or     opening during
                               compress and route    loading; and comply
                               to a process where    with work practice
                               the HAP in the        standards for
                               emissions             closed-vent systems
                               predominantly meet    specified in Table
                               one of, or a          5 of this subpart;
                               combination of, the   and for any
                               following ends:       halogenated streams
                               recycled and or       that are controlled
                               consumed in the       with a combustion
                               same manner as a      device, you must
                               material that         also comply with
                               fulfills the same     the emission
                               function in that      limitations in
                               process;              Table 7 of this
                               transformed by        subpart; and vapor
                               chemical reaction     collection
                               into materials that   equipment for tank
                               are not organic       trucks and railcars
                               HAP, incorporated     must be compatible
                               into a product; and/  with the transfer
                               or recovered; or      operation's vapor
                               route emission        collection system.
                               stream through a
                               closed-vent system
                               to: a control
                               device that reduces
                               HAP emissions by
                               98
                               percent by weight;
                               or a control device
                               that reduces
                               emissions to outlet
                               total organic HAP
                               or TOC
                               concentrations 20 ppmv and
                               outlet hydrogen
                               halide and halogen
                               concentrations 20 ppmv,
                               both corrected for
                               supplemental gases
                               as specified in
                               Sec.  63.2470(g);
                               or a flare that
                               meets the
                               performance
                               requirements of
                               Sec.  63.11(b),
                               except that you may
                               not vent
                               halogenated vent
                               streams to a flare;
                               or a control device
                               specified in Sec.
                               63.2455(f).
------------------------------------------------------------------------

    As required in Secs. 63.2450(a)(7) and (f) and 63.2495(b), you must 
meet each emission limitation in the following table that applies to 
your halogenated vent streams that are controlled with a combustion 
device:

   Table 7 to Subpart FFFF.--Emission Limitations for Halogenated Vent
          Streams That Are Controlled With a Combustion Device
------------------------------------------------------------------------
        For each * * *                       You must * * *
------------------------------------------------------------------------
1. Halogenated vent stream     Use a halogen reduction device after the
 from a batch process vent,     combustion device to reduce hydrogen
 waste management unit, or      halides and halogens by 95
 transfer operation.            percent by weight or to a concentration
                                20 ppmv; or use a halogen
                                reduction device before the combustion
                                device to reduce the halogen atom mass
                                emission rate to a concentration 20 ppmv.
2. Halogenated vent stream     Use a halogen reduction device after the
 from a continuous process      combustion device to reduce emissions of
 vent.                          hydrogen halides and halogens by 99 percent by weight or to 0.45 kg/hr; or use a halogen
                                reduction device before the combustion
                                device to reduce the halogen atom mass
                                emission rate to 0.45 kg/hr.
------------------------------------------------------------------------

    As required in Secs. 63.2450(e) and (f), 63.2480(b), 63.2500(c)(7), 
and 63.2505(a)(i)(c)(1), you must meet each operating limit in the 
following table that applies to your control devices, recovery devices, 
and wastewater treatment units:

 Table 8 to Subpart FFFF.--Operating Limits and Work Practice Standards
  for Control Devices, Recovery Devices, and Wastewater Treatment Units
------------------------------------------------------------------------
                                 With inlet HAP
       For each * * *             levels * * *         You must * * *
------------------------------------------------------------------------
1. Water scrubber...........  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     scrubber liquid
                                                     flow rate or
                                                     pressure drop at or
                                                     above the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination.
2. Caustic scrubber.........  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     scrubber liquid
                                                     flow rate or
                                                     pressure drop at or
                                                     above the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination; and
                                                     maintain the daily
                                                     average pH of the
                                                     scrubber effluent
                                                     at or above the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
3. Condenser................  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     condenser outlet
                                                     gas temperature at
                                                     or below the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination.

[[Page 16205]]

 
4. Regenerative carbon        1 ton/yr.  For each
 adsorber.                                           regeneration cycle,
                                                     maintain the
                                                     regeneration
                                                     frequency,
                                                     temperature to
                                                     which the bed is
                                                     heated during
                                                     regeneration,
                                                     temperature to
                                                     which the bed is
                                                     cooled within 15
                                                     minutes of the
                                                     completion of the
                                                     cooling phase, and
                                                     regeneration stream
                                                     flow rate within
                                                     the operating
                                                     levels established
                                                     during the initial
                                                     compliance
                                                     determination; and
                                                     you conduct a check
                                                     for bed poisoning
                                                     in accordance with
                                                     manufacturer's
                                                     specifications at
                                                     least once per
                                                     year.
5. Thermal incinerator......  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     temperature of
                                                     gases exiting the
                                                     combustion chamber
                                                     at or above the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
6. Catalytic incinerator....  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     temperature of the
                                                     gas stream
                                                     immediately before
                                                     the catalyst bed at
                                                     or above the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination; and
                                                     conduct an annual
                                                     catalyst test, or,
                                                     once per quarter,
                                                     verify that the
                                                     temperature
                                                     difference across
                                                     the catalyst bed
                                                     under the same
                                                     conditions as in
                                                     the initial
                                                     compliance
                                                     determination is no
                                                     lower than 90
                                                     percent of the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
7. Process heaters and        1 ton/yr.  Maintain the daily
 boilers for which the vent                          or block average
 streams are not introduced                          temperature of the
 with the primary fuel or                            gases exiting the
 the design heat input                               combustion chamber
 capacity is 44                           at or above the
 MW.                                                 value established
                                                     during the initial
                                                     compliance
                                                     determination.
8. Any control or recovery    1 ton/yr............  Follow the
 device.                                             applicable
                                                     procedures
                                                     described in your
                                                     precompliance
                                                     report, according
                                                     to Sec.
                                                     63.2470(j), for
                                                     demonstrating that
                                                     the control device
                                                     is operating
                                                     properly.
9. Design steam stripper....  At any level........  Maintain the daily
                                                     or block average
                                                     steam-to-wastewater
                                                     ratio 0.04 kg/liter,
                                                     wastewater feed
                                                     temperature or
                                                     column temperature
                                                     95 deg.C
                                                     , and wastewater
                                                     loading 67,100 liters
                                                     per hour per square
                                                     meter.
10. Biological treatment      At any level........  Maintain the TSS,
 unit.                                               BOD, and biomass
                                                     concentration
                                                     established in your
                                                     discharge permit.
11. Nonbiological wastewater  At any level........  Maintain the
 treatment unit, except for                          appropriate
 a design steam stripper.                            parameters within
                                                     levels specified in
                                                     your precompliance
                                                     report and approved
                                                     by the permitting
                                                     authority.
------------------------------------------------------------------------

    As required in Sec. 63.2470(c), you must conduct performance tests 
in accordance with the requirements in the following table:

                          Table 9 to Subpart FFFF.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
            For each * * *                  You must * * *            Using * * *         following requirements
                                                                                                  * * *
----------------------------------------------------------------------------------------------------------------
1. Vent stream.......................  Select sampling port's   Method 1 or 1A of 40     Sampling sites must be
                                        location and the         CFR part 60, appendix    located at the inlet
                                        number of traverse       A, Sec.  63.7(d)(1)(i).  (if emission reduction
                                        ports.                                            or destruction
                                                                                          efficiency testing is
                                                                                          required) and outlet
                                                                                          of the control device
                                                                                          and prior to any
                                                                                          releases to the
                                                                                          atmosphere.
2. Vent stream.......................  Determine velocity and   Method 2, 2A, 2C, 2D,    Non applicable.
                                        volumetric flow rate.    2F, or 2G of appendix
                                                                 A to part 60 of this
                                                                 chapter.
3. Vent stream.......................  Conduct gas molecular    Method 3, 3A, or 3B in   Non applicable.
                                        weight analysis.         appendix A to part 60
                                                                 of this chapter.
4. Vent stream.......................  Measure moisture         Method 4 in appendix A   Non applicable.
                                        content of the stack     to part 60 of this
                                        gas.                     chapter.

[[Page 16206]]

 
5. Vent stream controlled in a non-    a. Measure percent       i. Method 18 in          Measure inlet and
 combustion device, except as           reduction of organic     appendix A to part 60    outlet mass emissions
 specified in (7) and (8) of this       HAP or TOC, or           of this chapter or       and calculate the
 table.                                                          ASTM D6420-99            overall percent
                                                                 (incorporated by         reduction of organic
                                                                 reference as specified   HAP according to the
                                                                 in Sec.  63.14), or.     procedures in Sec.
                                                                                          63.2470(c)(6), and if
                                                                                          you use ASTM D6420-99,
                                                                                          comply with the
                                                                                          requirements specified
                                                                                          in Sec.
                                                                                          63.2470(c)(14).
                                                                ii. Method 25A in        Measure inlet and
                                                                 appendix A to part 60    outlet mass emissions
                                                                 of this chapter.         and calculate the
                                                                                          overall percent
                                                                                          reduction of TOC
                                                                                          according to the
                                                                                          procedures in Sec.
                                                                                          63.2470(c)(7).
                                       b. Measure total         i. Method 18 in          Measure the outlet
                                        organic HAP or TOC       appendix A to part 60    concentration of each
                                        outlet concentration.    of this chapter or       organic HAP present in
                                                                 ASTM D6420-99            the inlet stream,
                                                                 (incorporated by         report results as ppmv
                                                                 reference as specified   compound, and
                                                                 in Sec.  63.14), or.     calculate the total
                                                                                          organic HAP emission
                                                                                          concentration
                                                                                          according to the
                                                                                          procedures in sections
                                                                                          Sec.  63.2470(c)(8),
                                                                                          and if you use ASTM
                                                                                          D6420-99, comply with
                                                                                          the requirements
                                                                                          specified in Sec.
                                                                                          63.2470(c)(14).
                                                                ii. Method 25A in        Measure the outlet
                                                                 appendix Ato part 60     concentration of TOC
                                                                 of this chapter.         and report the results
                                                                                          as ppmv carbon
                                                                                          according to the
                                                                                          procedures in section
                                                                                          63.2740(c)(9).
6. Vent stream controlled in a         a. Measure percent       i. Method 25/Method 25A  Measure inlet and
 combustion device, except as           reduction of organic     in appendix A to part    outlet mass emissions,
 specified in (g) and (h) of this       HAP or TOC, or           60 of this chapter, or   as carbon, and
 table.                                                                                   calculate the overall
                                                                                          percent reduction of
                                                                                          TOC according to the
                                                                                          procedures in Sec.
                                                                                          63.2470(c)(10).
                                                                ii. Method 18 in         Measure the inlet and
                                                                 appendix A to part 60    outlet mass emissions
                                                                 of this chapter or       for each organic HAP
                                                                 ASTM D6420-99            and calculate the
                                                                 (incorporated by         overall percent
                                                                 reference as specified   reduction according to
                                                                 in Sec.  63.14).         the procedures in Sec.
                                                                                           63.2470(c)(6). Note:
                                                                                          The total outlet mass
                                                                                          emissions is
                                                                                          determined for the
                                                                                          each organic HAP
                                                                                          identified and
                                                                                          quantified in the
                                                                                          inlet gas stream, and
                                                                                          if you use ASTM D6420-
                                                                                          99, comply with the
                                                                                          requirements specified
                                                                                          in Sec.
                                                                                          63.2470(c)(14).
                                       b. Measure total         i. Method 25A in         Measure the outlet
                                        organic HAP or TOC       appendix A to part 60    concentration on an as
                                        outlet concentration.    of this chapter, or      carbon basis according
                                                                                          to the procedures in
                                                                                          Sec.  63.2470(c)(9).
                                                                ii. Method 18 in         Measure the outlet
                                                                 appendix A to part 60    concentration of each
                                                                 of this chapter or       organic HAP contained
                                                                 ASTM D6420-99            in the inlet stream to
                                                                 (incorporated by         the combustion device
                                                                 reference as specified   and calculate the
                                                                 in Sec.  63.14).         total organic HAP
                                                                                          concentration of the
                                                                                          outlet emissions
                                                                                          according to the
                                                                                          procedures in Sec.
                                                                                          63.2470(c)(8), and if
                                                                                          you use ASTM D6420-99,
                                                                                          comply with the
                                                                                          requirements in Sec.
                                                                                          63.2470(c)(14).
7. Vent stream.......................  Measure formaldehyde     Method 316 or 320 in     The procedures
                                        concentration or         appendix A of this       specified in Sec.
                                        percent reduction.       part.                    63.2470(c)(12).
8. Vent stream.......................  Measure carbon           Method 18 or 15 in       The procedures
                                        disulfide                appendix A to part 60    specified in Sec.
                                        concentrations or        of this chapter.         63.2470(c)(13).
                                        percent reduction.
9. Vent stream.......................  Measure hydrogen halide  Method 26 or 26A in      According to the
                                        and halogen              Appendix A to part 60    procedures in Sec.
                                        concentrations.          of this chapter.         63.2470(c)(11).

[[Page 16207]]

 
10. Wastewater samples...............  a. Measure HAP           i. Method 305 in         Comply with the
                                        concentration.           appendix A of this       procedures in Sec.
                                                                 part, or                 63.1257(b)(10)(v).
                                                                ii. Method 624, 625,     Comply with the
                                                                 1624, or 1625 in         procedures in Sec.
                                                                 appendix A to part 136   63.1257(b)(10)(v).
                                                                 of this chapter, or
                                                                iii. Method 8260 or      As an alternative, you
                                                                 8270 in ``Test Methods   may use any more
                                                                 for Evaluating Solid     recent, updated
                                                                 Waste, Physical/         version of Method 8260
                                                                 Chemical Methods,''      or 8270 that we
                                                                 EPA Publication No. SW-  publish. To use these
                                                                 846, Third Edition,      methods, you must
                                                                 September 1986, as       maintain a formal
                                                                 amended by Update I,     quality assurance
                                                                 November 15, 1992, or    program consistent
                                                                                          with either section 8
                                                                                          of Method 8260 or
                                                                                          Method 8270, and this
                                                                                          program must include
                                                                                          the following elements
                                                                                          related to measuring
                                                                                          the concentrations of
                                                                                          volatile compounds:
                                                                                          documentation of site-
                                                                                          specific procedures to
                                                                                          minimize the loss of
                                                                                          compounds due to
                                                                                          volatilization,
                                                                                          biodegradation,
                                                                                          reaction, or sorption
                                                                                          during the sample
                                                                                          collection, storage,
                                                                                          and preparation steps;
                                                                                          and -documentation of
                                                                                          specific quality
                                                                                          assurance procedures
                                                                                          followed during
                                                                                          sampling, sample
                                                                                          preparation, sample
                                                                                          introduction, and
                                                                                          analysis; and -
                                                                                          measurement of the
                                                                                          average accuracy and
                                                                                          precision of the
                                                                                          specific procedures,
                                                                                          including field
                                                                                          duplicates and field
                                                                                          spiking of the
                                                                                          material source before
                                                                                          or during sampling
                                                                                          with compounds having
                                                                                          similar
                                                                                          characteristics to the
                                                                                          target analyte.
                                                                iv. Other EPA Methods,   Use procedures
                                                                 or.                      specified in the
                                                                                          method, validate the
                                                                                          method using the
                                                                                          procedures in Sec.
                                                                                          63.1257(b)(10)(iii)
                                                                                          (A) or (B), and comply
                                                                                          with the procedures in
                                                                                          Sec.  63.1257(b)(10)(v
                                                                                          ).
                                                                v. Methods other than    Use procedures
                                                                 an EPA Method.           specified in the
                                                                                          method, validate the
                                                                                          method using the
                                                                                          procedures in Sec.
                                                                                          63.1257(b)(10)(iii)
                                                                                          (A) and comply with
                                                                                          the procedures in Sec.
                                                                                           63.1257(b)(10)(v).
11. Vent stream controlled using a     Determine compliance     Use methods in Sec.      Non applicable.
 flare.                                 with flare               63.11(b).
                                        requirements.
----------------------------------------------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), and 
63.2480(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your continuous 
process vents as specified in the following table:

 Table 10 to Subpart FFFF.--Initial Compliance With Emission Limitations
        and Work Practice Standards for Continuous Process Vents
------------------------------------------------------------------------
                                                          You have
          For * * *             For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Each continuous process    a. Vent emissions     You conduct an
 vent with a TRE: 2.6 at an existing         vent system to a      compliance
 source; or 5.0     flare that meets      assessment as
 at a new or reconstructed     the performance       specified in Secs.
 source.                       requirements of       63.987(b)(3) and
                               Sec.  63.11(b), or    63.997; and the
                                                     visible emission,
                                                     net heating value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).

[[Page 16208]]

 
                              b. Vent emissions     For a control
                               through a closed-     device, you conduct
                               vent system to a      a performance test
                               control device that   as specified in
                               reduces HAP           Sec.  63.997
                               emissions by 98 percent     63.997(e)(1)(iii)
                               by weight, or         does not apply).
                                                     Alternatively, for
                                                     a condenser used as
                                                     a control device,
                                                     you estimate
                                                     uncontrolled
                                                     emissions according
                                                     to Sec.
                                                     63.1257(d)(2) and
                                                     controlled
                                                     emissions according
                                                     to Sec.
                                                     63.1257(d)(3)(i)(B)
                                                     using the results
                                                     of continuous
                                                     direct measurement
                                                     of the condenser
                                                     outlet gas
                                                     temperature; and
                                                     the performance
                                                     test (or design
                                                     evaluation for a
                                                     condenser) shows
                                                     the control device
                                                     reduces the organic
                                                     HAP emissions by
                                                     98
                                                     percent by weight;
                                                     and during the
                                                     performance test
                                                     (or design
                                                     evaluation for a
                                                     condenser), you
                                                     establish operating
                                                     limits for the
                                                     control devices
                                                     specified in Table
                                                     8 of this subpart,
                                                     as applicable,
                                                     according to Sec.
                                                     63.2470(d), (e), or
                                                     (f). The limit may
                                                     be based on a
                                                     previous
                                                     performance test
                                                     that meets the
                                                     requirements
                                                     specified in Sec.
                                                     63.997(b)(1); and
                                                     you have a record
                                                     of how you
                                                     determined the
                                                     control device
                                                     operating limits.
                              c. Vent emissions     You conduct a
                               through a closed-     performance test as
                               vent system to a      specified in Sec.
                               control device that   63.997(e) (except
                               reduces emissions     Sec.  63.997(e)(1)(
                               to an outlet total    iii) does not
                               organic HAP or TOC    apply); and the
                               concentration 20 ppmv and    shows the control
                               reduces hydrogen      device reduces the
                               halide and halogen    emissions to outlet
                               emissions to an       total organic HAP
                               outlet                or TOC
                               concentration 20 ppmv.       thn-eq>20 ppmv and
                                                     outlet hydrogen
                                                     halide and halogen
                                                     concentrations 20 ppmv,
                                                     both corrected for
                                                     supplemental gases
                                                     according to Sec.
                                                     63.2470(g); and
                                                     during the
                                                     performance test,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices specified
                                                     in Table 8 of this
                                                     subpart, as
                                                     applicable,
                                                     according to Sec.
                                                     63.2470(e) or (f);
                                                     and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.
2. Each continuous process    Use a recovery        You establish
 vent with a TRE: 2.6 at an    device to maintain    operating limits
 existing source; or 5.0 at    TRE above the         for the recovery
 a new or reconstructed        minimum threshold.    device specified in
 source.                                             Table 8 of this
                                                     subpart, as
                                                     applicable; and you
                                                     have a record of
                                                     how you established
                                                     the recovery device
                                                     operating limits.
------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), and 
63.2480(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your batch 
process vents as specified in the following table:

 Table 11 to Subpart FFFF.--Initial Compliance With Emission Limitations
           and Work Practice Standards for Batch Process Vents
------------------------------------------------------------------------
                                For the following
          For * * *              standard * * *
---------------------------------------------------
1. Batch process vents        Maintain emissions    You determine
 within a process with total   below the             uncontrolled HAP
 HAP emissions: 10,000 lb.yr   applicable annual     emissions for each
 at an existing source; or     mass limit            batch in accordance
 3,000 lb/yr at a new or       threshold.            with Sec.
 reconstructed source.                               63.1257(d)(2)(i)
                                                     and (ii); and you
                                                     estimate the number
                                                     of batches to be
                                                     produced annually
                                                     and show the
                                                     estimated emissions
                                                     are below the
                                                     applicable annual
                                                     mass limit.
2. Batch process vents        a. Route emissions    You conduct an
 within a process with total   through a closed-     initial flare
 HAP emissions; 10,000 lb/yr at an         flare that meets      assessment as
 existing source; or 3,000 lb/yr at a new or    requirements          63.987(b)(3) and
 reconstructed source.         specified in Sec.     63.997; and the
                               63.11(b), or          visible emissions,
                                                     net heating value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).

[[Page 16209]]

 
                              b. Route emissions    You determine total
                               through a closed-     uncontrolled
                               vent system to a      emissions to the
                               control device that   control device in
                               reduces emissions     accordance with
                               to an outlet total    Sec.  63.1257(d)(2)
                               organic HAP or TOC    (i) and (ii),
                               20 ppmv    except as specified
                               and an outlet         in Sec.  63.2470
                               hydrogen halide and   (b); and you
                               halogen               conduct a
                               concentration 20 ppmv, or    using the
                                                     applicable test
                                                     methods in Table 9
                                                     of this subpart and
                                                     under the
                                                     conditions
                                                     specified in Sec.
                                                     63.1257(b)(8) that
                                                     shows the control
                                                     device reduces the
                                                     emissions to an
                                                     outlet total
                                                     organic HAP or TOC
                                                     concentration 20 ppmv and
                                                     outlet hydrogen
                                                     halide and halogen
                                                     concentration 20 ppmv,
                                                     both corrected for
                                                     supplemental gases;
                                                     and during the
                                                     performance test,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices specified
                                                     in Table 8 of this
                                                     subpart, as
                                                     applicable, in
                                                     accordance with the
                                                     requirements
                                                     specified in Sec.
                                                     63.2470(e) or (f);
                                                     and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.
                              c. Route emissions    You determine total
                               through a closed-     uncontrolled
                               vent system(s) to:    emissions to the
                               a control device(s)   control device by
                               that reduces HAP      determining the
                               emissions from the    uncontrolled
                               sum of all vents by   emissions from each
                               98         vent routed to the
                               percent by weight;    control device in
                               or a recovery         accordance with the
                               device(s) that        procedures
                               reduces HAP           specified in Sec.
                               emissions from the    63.1257(d)(2)(i)
                               sum of all vents by   and (ii), except as
                               95         specified in Sec.
                               percent by weight,    63.2470(b); and you
                               or                    determine
                                                     controlled
                                                     emissions for each
                                                     batch process vent
                                                     based on the
                                                     results of a
                                                     performance test or
                                                     design evaluation
                                                     conducted according
                                                     to Sec.
                                                     63.1257(d)(3); and
                                                     based on the
                                                     uncontrolled and
                                                     controlled
                                                     emissions
                                                     estimates, you
                                                     determine the
                                                     control device
                                                     reduces HAP
                                                     emissions from the
                                                     sum of all vents by
                                                     98
                                                     percent by weight,
                                                     or the recovery
                                                     device reduces
                                                     emissions by 95 percent
                                                     by weight; and
                                                     during the
                                                     performance test or
                                                     design evaluation,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices or recovery
                                                     devices specified
                                                     in Table 8 of this
                                                     subpart in
                                                     accordance with
                                                     Sec.  63.2470(d),
                                                     (e), or (f); and
                                                     you have a record
                                                     of how you
                                                     determined the
                                                     operating limits.
                              d. Route emissions    You document in your
                               through a closed-     notification of
                               vent system to a      compliance status
                               control device        that you route
                               specified in Sec.     emissions to a
                               63.2455(f).           control device
                                                     specified in Sec.
                                                     63.2455(f).
------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), and 
63.2480(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your wastewater 
streams, waste management units, and liquid streams in open systems 
within an MCPU as specified in the following table:

 Table 12 to Subpart FFFF.--Initial Compliance With Emission Limitations
  and Work Practice Standards for Wastewater Streams, Waste Management
        Units, and Liquid Streams in Open Systems Within an MCPU
------------------------------------------------------------------------
                                                          You have
       For each * * *           For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Waste management unit....  Install a fixed       You design and
                               roof, floating        install the fixed
                               roof, cover, or       roofs, floating
                               Enclosure to          roofs, covers, and
                               supppress emissions.  enclosures to meet
                                                     the requirements
                                                     specified in Secs.
                                                     63.133 through
                                                     63.137; and you
                                                     conduct suppress an
                                                     initial inspection
                                                     of the waste
                                                     emissions
                                                     management unit for
                                                     improper work
                                                     practices and
                                                     control equipment
                                                     failures in
                                                     accordance with the
                                                     requirements
                                                     specified in Secs.
                                                     63.133 through
                                                     63.137 and
                                                     63.143(a).

[[Page 16210]]

 
2. Vent stream from a waste   a. Vent emissions     You conduct either a
 management unit.              through a closed-     performance test in
                               vent system to: a     accordance with the
                               control device that   requirements
                               reduces organic HAP   specified in Sec.
                               emissions by 95 percent     when Sec.
                               by weight or to an    63.145(i)(6) and
                               outlet total          (9) refer to the
                               organic HAP or TOC    concentration
                               concentration 20 ppmv; or    percent O2, the
                               a combustion device   correction for
                               with a minimum        supplemental gases
                               temperature of 760    in Sec.  63.2470(g)
                               deg.C, or             apply for the
                                                     purposes of this
                                                     subpart) or a
                                                     design evaluation
                                                     in accordance with
                                                     the requirements
                                                     specified in Sec.
                                                     63.139(d)(2). If
                                                     the control device
                                                     will be operated
                                                     over a range of
                                                     conditions, you are
                                                     not required to
                                                     test over the
                                                     entire range. In
                                                     such cases, you may
                                                     supplement the
                                                     performance test
                                                     results with
                                                     modeling and/or
                                                     engineering
                                                     assessments; and
                                                     the performance
                                                     test or design
                                                     evaluation shows
                                                     the organic HAP
                                                     emissions are
                                                     reduced by 95 percent by
                                                     weight, or the TOC
                                                     emissions are
                                                     reduced to an
                                                     outlet
                                                     concentration,
                                                     corrected to
                                                     account for
                                                     supplemental gases,
                                                     of >20 ppmv; and
                                                     during the design
                                                     evaluation or
                                                     performance test,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices in Table 8
                                                     of this subpart, as
                                                     applicable,
                                                     according to Sec.
                                                     63.2470(d), (e), or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits
                                                     during the design
                                                     evaluation or
                                                     performance test.
                              b. Vent emissions     You conduct an
                               through a closed-     initial flare
                               vent system to a      compliance
                               flare that meets      assessment as
                               the performance       specified in Secs.
                               requirements of       63.987(b)(3) and
                               Sec.  63.11(b)        63.997; and the
                                                     visible emissions,
                                                     net heating value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).
                              c. Route emissions    You document in your
                               through a closed-     notification of
                               vent system to a      compliance status
                               control device        that you route
                               specified in Sec.     emissions to a
                               63.2455(f).           device specified in
                                                     Sec.  63.2455(f).
3. Affected wastewater        a. Treatment options  You conduct either a
 stream.                       in Sec.  63.138(b),   performance test or
                               (c), (e), (f), (g)    a design evaluation
                               or (i), or            in accordance with
                                                     the requirements
                                                     specified in Sec.
                                                     63.138(j); and the
                                                     performance test or
                                                     design evaluation
                                                     shows the reduction
                                                     required by Sec.
                                                     63.138(b), (c),
                                                     (e), (f), (g), or
                                                     (i), as
                                                     appropriate, is
                                                     achieved; and
                                                     during the
                                                     performance test or
                                                     design evaluation
                                                     for a biological
                                                     treatment process,
                                                     you establish
                                                     operating limits
                                                     for TSS, BOD, and
                                                     biomass
                                                     concentration in
                                                     accordance with
                                                     your discharge
                                                     permit; and for a
                                                     nonbiological
                                                     treatment unit you
                                                     establish
                                                     appropriate
                                                     operating limits
                                                     described and
                                                     approved in your
                                                     precompliance
                                                     report; and you
                                                     have a record of
                                                     how you established
                                                     the operating
                                                     limits during the
                                                     design evaluation
                                                     or performance
                                                     test.
                              b. Treatment in a     You document in your
                               design steam          notification of
                               stripper (i.e.,       compliance status
                               Sec.  63.138(d)) or   that you treat
                               a treatment unit      wastewater in a
                               specified in Sec.     design steam
                               63.2455(f).           stripper or a in
                                                     treatment unit in
                                                     Sec.  63.2455(f).

[[Page 16211]]

 
4. Residual removed from an   Control emissions...  You comply with the
 affected wastewater stream.                         requirements in
                                                     entry 1. of this
                                                     table for all waste
                                                     management units
                                                     used to convey,
                                                     store, treat, or
                                                     dispose of the
                                                     residual; and You
                                                     comply with one or
                                                     more of the
                                                     following: the
                                                     requirements on
                                                     entry 3. of this
                                                     table for each
                                                     residual that you
                                                     treat in accordance
                                                     with the
                                                     requirements
                                                     specified in Sec.
                                                     63.138(k)(3);
                                                     install equipment
                                                     or establish
                                                     procedures to
                                                     recycle the
                                                     residual to a
                                                     production process,
                                                     sell it for
                                                     recycling, or
                                                     return it to the
                                                     treatment process;
                                                     you document in the
                                                     notification of
                                                     compliance status
                                                     that you are
                                                     treating the
                                                     residual in a unit
                                                     under Sec.
                                                     63.2455(f).
5. Maintenance wastewater     Develop and           You developed the
 stream.                       implement a           plan and have it
                               maintenance           available onsite
                               wastewater plan.      for inspection at
                                                     any time after the
                                                     compliance date.
------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), and 
63.2480(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your storage 
tanks as specified in the following table:

 Table 13 to Subpart FFFF.--Initial Compliance With Emission Limitations
              and Work Practice Standards for Storage Tanks
------------------------------------------------------------------------
                                                          You have
          For * * *             For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Each affected storage      a. Operate and        You have a record of
 tank.                         maintain a floating   the vessel
                               roof, or              dimensions and
                                                     capacity and
                                                     identification of
                                                     the liquid stored
                                                     as specified in
                                                     Sec.  63.1065(a);
                                                     and you inspect an
                                                     IFR before initial
                                                     filling and inspect
                                                     an EFR within 90
                                                     days of initial
                                                     filling.
                              b. Vent emissions     You conduct a design
                               through a closed-     evaluation or
                               vent system to a      performance test in
                               control device that   accordance with the
                               reduces HAP           requirements
                               emissions by 95 percent     63.985(b); and the
                               by weight, or         performance test or
                                                     design evaluation
                                                     shows the control
                                                     device reduces HAP
                                                     emissions by 95 percent
                                                     by weight; and
                                                     during the
                                                     performance test or
                                                     design evaluation,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices specified
                                                     in Table 8 of this
                                                     subpart, as
                                                     applicable,
                                                     according to Sec.
                                                     63.2470(d), (e), or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.
                              c. Vent emissions     You conduct an
                               through a closed-     initial flare
                               vent system to a      compliance
                               flare that meets      assessment as
                               the performance       specified in Secs.
                               requirements of       63.987(b)(3) and
                               Sec.  63.11(b), or    63.997; and the
                                                     visible emissions,
                                                     net heating value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).
                              d. Vapor balance....  You document in the
                                                     notification of
                                                     compliance status
                                                     that you are
                                                     complying by vapor
                                                     balancing and
                                                     certify that the
                                                     pressure relief
                                                     device setting on
                                                     the storage tank is
                                                     2.5 psig
                                                     on the compliance
                                                     date; and for the
                                                     owner or operator
                                                     of a reloading or
                                                     cleaning facility,
                                                     you: submit the
                                                     written
                                                     certification
                                                     required by Sec.
                                                     63.1253(f)(7)(i);
                                                     and if you use a
                                                     closed-vent system
                                                     and control device
                                                     to control
                                                     emissions, you
                                                     comply with entry
                                                     1.b. of this Table.
------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), 
63.2480(a), and 63.2505(b)(6), you must demonstrate initial compliance 
with each work practice standard that applies to your equipment leaks, 
closed-vent systems, and heat exchange systems as specified in the 
following table:

[[Page 16212]]



    Table 14 to Subpart FFFF.--Initial Compliance With Work Practice
  Standards for Equipment Leaks, Closed-Vent Systems, and Heat Exchange
                                 Systems
------------------------------------------------------------------------
                                                          You have
          For * * *             For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Each piece of equipment    Comply with Secs.     You implemented an
 in organic HAP service and    63.1022 and 63.1024   LDAR program by the
 not described in Sec.         through 63.1037.      compliance date.
 63.1019(c) through (e).
2. Each piece of equipment    Identify the          You create a list
 in organic HAP service 300    equipment as          with the required
 hr/yr.                        specified in Sec.     identification
                               63.1022(b)(5).        record by the
                                                     compliance date.
3. Closed-vent system.......  ....................  You conduct an
                                                     initial inspection
                                                     of the closed-vent
                                                     system and maintain
                                                     records in
                                                     accordance with
                                                     Sec.  63.983(b) and
                                                     (c) by the
                                                     compliance date;
                                                     and you prepare a
                                                     written plan for
                                                     inspecting unsafe-
                                                     to-inspect and
                                                     difficult-to-
                                                     inspect equipment
                                                     in accordance with
                                                     Sec.  63.983(b) and
                                                     (c) by the
                                                     compliance date;
                                                     and you repair any
                                                     leaks and maintain
                                                     records in
                                                     accordance with
                                                     Sec.  63.983(d).
4. Closed-vent system with a  ....................  You have a record
 bypass line that could                              documenting that
 divert vent streams away                            you either
 from a control device.                              installed a flow
                                                     indicator or that
                                                     you secured the
                                                     bypass line valve
                                                     in accordance with
                                                     entry 4. in Table 5
                                                     of this subpart.
5. Heat exchange system used  Monitor for and       You determine that
 to cool process equipment     repair leaks.         the heat exchange
 or materials in an MCPU.                            system is exempt
                                                     from monitoring
                                                     requirements
                                                     because it meets
                                                     one of the
                                                     conditions in Sec.
                                                     63.104(a)(1) or
                                                     through (6), and
                                                     you document this
                                                     finding in your
                                                     notification of
                                                     compliance status;
                                                     or if your heat
                                                     exchange system is
                                                     not exempt, you
                                                     either: identify in
                                                     your notification
                                                     of compliance
                                                     status the HAP or
                                                     other
                                                     representative
                                                     substance that you
                                                     will monitor; or
                                                     prepare and
                                                     maintain a
                                                     monitoring plan
                                                     containing the
                                                     information
                                                     required by Sec.
                                                     63.104(c)(1)(i)
                                                     through (iv) that
                                                     documents the
                                                     procedures you will
                                                     use to detect leaks
                                                     by monitoring
                                                     surrogate
                                                     indicators of the
                                                     leak.
------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), and 
63.2480(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your transfer 
operations as specified in the following table:

 Table 15 to Subpart FFFF.--Initial Compliance With Emission Limitations
           and Work Practice Standards for Transfer Operations
------------------------------------------------------------------------
                                                          You have
          For * * *             For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Transfer operations......  a. Vapor balance, or  You document in the
                                                     notification of
                                                     compliance status
                                                     that you are
                                                     complying with
                                                     vapor balancing.
                              b. Route emissions    You conduct an
                               through a closed-     initial flare
                               vent system to a      compliance
                               flare that meets      assessment as
                               the performance       specified in Secs.
                               requirements of       63.987(b)(3) and
                               Sec.  63.11(b), or    63.997; and the
                                                     visible emissions,
                                                     net heating value,
                                                     and exit velocity
                                                     meet requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).
                              c. Route emissions    You conduct a design
                               through a closed-     evaluation or
                               vent system to a      performance test
                               control device that   according to the
                               reduces HAP by 98 percent     Sec.  63.985(b);
                               by weight or to an    and the performance
                               outlet TOC            test or design
                               concentrations 20 ppmv and    the TOC or total
                               outlet hydrogen       organic HAP
                               halides and halogen   emissions are
                               concentration 20 ppmv, or    eq>98 percent by
                                                     weight, or to
                                                     outlet
                                                     concentration 20 ppmv as
                                                     TOC and 20 ppmv of
                                                     hydrogen halides
                                                     and halogens both
                                                     corrected for
                                                     supplemental gases
                                                     in accordance with
                                                     Sec.  63.2470(g);
                                                     and during the
                                                     performance test or
                                                     design evaluation,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices specified
                                                     in Table 8 of this
                                                     subpart, as
                                                     applicable, in
                                                     accordance with
                                                     Sec.  63.2470(d),
                                                     (e), and (f); and
                                                     you have a record
                                                     of how you
                                                     determined the
                                                     operating limits.

[[Page 16213]]

 
                              d. Route emissions    You document in your
                               through a closed-     notification of
                               vent system to a      compliance status
                               control device        that you route
                               specified in Sec.     emissions to a
                               63.2455(f).           device specified in
                                                     Sec.  63.2455(f).
------------------------------------------------------------------------

    As required in Secs. 63.2465(a), (b), and (c), 63.2470(a), 
63.2480(a), and 63.2505(b)(5), you must demonstrate initial compliance 
with each emission limitation that applies to your halogenated vent 
streams controlled with a combustion device as specified in the 
following table:

 Table 16 to Subpart FFFF.--Initial Compliance With Emission Limitations
    for Halogenated Vent Streams Controlled With a Combustion Device
------------------------------------------------------------------------
                                                          You have
       For each * * *           For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Halogenated vent stream    a. Use a halogen      You conduct a
 from a continuous process     reduction device      performance test
 vent.                         after the             according to the
                               combustion device     procedures
                               to reduce emissions   specified in Sec.
                               of hydrogen halides   63.997; and the
                               and halogen, or       performance test
                                                     shows the hydrogen
                                                     halide and halogen
                                                     emissions are
                                                     reduced by at least
                                                     99 percent by
                                                     weight or to less
                                                     than 0.45 kg/hr;
                                                     and you establish
                                                     operating limits
                                                     for the halogen
                                                     reduction device
                                                     during the
                                                     performance test in
                                                     accordance with
                                                     Sec.  63.2470(e) or
                                                     (f); and you have a
                                                     record of how you
                                                     determine the
                                                     operating limits.
                              b. Use a halogen      You determine the
                               reduction device      halogen atom mass
                               before the            emission rate prior
                               combustion device     to the combustion
                               to reduce the         device to be 0.45
                               halogen atom mass     kg/hr based on an
                               emission rate to      engineering
                               0.45 kg/hr.           assessment or
                                                     performance test
                                                     conducted in
                                                     accordance with the
                                                     requirements
                                                     specified in Sec.
                                                     63.2462(b)(1); and
                                                     you establish
                                                     operating limits
                                                     for the halogen
                                                     reduction device
                                                     during the
                                                     engineering
                                                     assessment or
                                                     performance test in
                                                     accordance with
                                                     Sec.  63.2470(d),
                                                     (e), or (f); and
                                                     you have a record
                                                     of how you
                                                     determined the
                                                     operating limit for
                                                     the halogen
                                                     reduction device.
2. Halogenated vent stream    a. Use a halogen      You conduct a
 from a batch process vent,    reduction device      performance test
 waste management unit, or     after the             according to the
 transfer operation.           combustion device     procedures
                               to reduce emissions   specified in Sec.
                               of hydrogen halides   63.997; and the
                               and halogen, or       performance test
                                                     shows the hydrogen
                                                     halide and halogen
                                                     emissions are
                                                     reduced by at least
                                                     95 percent by
                                                     weight or to less
                                                     than 20 ppmv; and
                                                     you establish
                                                     operating limits
                                                     for the halogen
                                                     reduction device
                                                     during the
                                                     performance test in
                                                     accordance with
                                                     Sec.  63.2470(e) or
                                                     (f); and you have a
                                                     record of how you
                                                     determine the
                                                     operating limits.
                              b. Use a halogen      You determine the
                               reduction device      halogen atom mass
                               before the            emission rate prior
                               combustion device     to the combustion
                               to reduce the         device to be 20 ppmv
                               emission rate to 20   based on an
                               ppmv.                 engineering
                                                     assessment or
                                                     performance test in
                                                     accordance with
                                                     Sec.  63.2462(b)(2)
                                                     ; and you establish
                                                     operating limits
                                                     for the halogen
                                                     reduction device
                                                     during the
                                                     engineering
                                                     assessment or
                                                     performance test
                                                     analysis in
                                                     accordance with
                                                     Sec.  63.2470(d),
                                                     (e), or (f); and
                                                     you have a record
                                                     of how you
                                                     determined the
                                                     operating limit for
                                                     the halogen
                                                     reduction device.
------------------------------------------------------------------------

    As required in Secs. 63.2490(a) and 63.2525(c), you must 
demonstrate continuous compliance with each emission limitation that 
applies to you as specified in the following table:

[[Page 16214]]



  Table 17 to Subpart FFFF.--Continuous Compliance With Emission Limits
------------------------------------------------------------------------
                                                    You must demonstrate
          For * * *             For the following        continuous
                              emission limit * * *   compliance by * * *
------------------------------------------------------------------------
1. Each vent stream           Percent reduction,    Collecting the
 controlled with a condenser.  outlet                condenser outlet
                               concentration, or     temperature data
                               TRE limit.            according to Sec.
                                                     63.2475(b); and
                                                     reducing condenser
                                                     outlet temperature
                                                     data to daily or
                                                     block averages
                                                     according to
                                                     calculations in
                                                     Sec.  63.2475(b);
                                                     and maintaining the
                                                     daily or block
                                                     average condenser
                                                     outlet temperature
                                                     no higher than the
                                                     level established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
2. Batch process vents        Maintain the          Calculate daily a
 within processes with         emissions below the   365-day rolling
 uncontrolled total HAP        applicable annual     summation of HAP
 emissions: 10,000 lb/yr at    mass emission         emissions.
 an existing source; or        limits.
 3,000 lb/yr at a new or
 reconstructed source.
------------------------------------------------------------------------

    As required in Secs. 63.2490(a), 63.2505(c)(1)(iv)(B), and 
63.2525(c), you must demonstrate continuous compliance with each 
operating limit that applies to you as specified in the following 
table:

 Table 18 to Subpart FFFF.--Continuous Compliance With Operating Limits
------------------------------------------------------------------------
                                                    You must demonstrate
          For * * *             For the following        continuous
                               operating limit * *   compliance by * * *
----------------------------------------*-------------------------------
1. Each thermal incinerator   Temperature of gases  Collecting the
 that is used to control an    exiting the           temperature data
 emission stream subject to    combustion chamber.   according to Sec.
 an emission limitation and                          63.2475(b); and
 that has inlet HAP                                  reducing the
 emissions 1 ton/                         temperature data to
 yr.                                                 daily or block
                                                     averages according
                                                     to calculations in
                                                     Sec.  63.2475(b);
                                                     and maintaining the
                                                     daily or block
                                                     average temperature
                                                     of gases exiting
                                                     the combustion
                                                     chamber no lower
                                                     than the value
                                                     established during
                                                     the initial
                                                     performance test or
                                                     design evaluation.
2. Each catalytic             Temperature of the    Collecting the
 incinerator that is used to   gas stream            temperature data
 control an emission stream    immediately before    according to Sec.
 subject to an emission        the catalyst bed      63.2475(b); and
 limitation and that has       and, if applicable,   reducing the inlet
 inlet HAP emissions 1 ton/yr.                  difference across     daily or block
                               the catalyst bed.     average according
                                                     to calculations in
                                                     Sec.  63.2475(b);
                                                     and maintaining the
                                                     daily or block
                                                     average temperature
                                                     of the gas stream
                                                     immediately before
                                                     the catalyst bed no
                                                     lower than the
                                                     value established
                                                     during the initial
                                                     performance test or
                                                     design evaluation;
                                                     and if applicable,
                                                     maintaining the
                                                     quarterly reading
                                                     of the temperature
                                                     difference across
                                                     the catalyst bed no
                                                     lower than 90
                                                     percent of the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
3. Each boiler or process     Temperature of the    Collecting the
 heater that is used to        gases exiting the     temperature data
 control an emission stream    combustion chamber.   according to Sec.
 that is subject to an                               63.2475(b); and
 emission limitation, that                           reducing the
 has inlet HAP emissions 1 ton/yr, and for                            daily or block
 which the vent streams are                          averages according
 not introduced with the                             to calculations in
 primary fuel or the design                          Sec.  63.2475(b);
 heat input capacity is 44                           and maintaining the
 MW.                                                 daily or block
                                                     average temperature
                                                     of the gas stream
                                                     exiting the
                                                     combustion chamber
                                                     no lower than the
                                                     value established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
4. Each regenerative carbon   The regeneration      Collecting the data
 adsorber that has inlet       frequency,            for each
 emission streams containing   temperature to        regeneration cycle;
 1 ton/yr of HAP.   which the bed is      and conducting
                               heated during         inspections,
                               regeneration,         compliance checks,
                               temperature to        and calibrations
                               which the bed is      according to Sec.
                               cooled within 15      63.2475(b)(4); and
                               minutes of the        for each
                               completion of the     regeneration cycle,
                               cooling phase, and    maintaining the
                               the regeneration      regeneration
                               stream flow rate.     temperature to
                                                     which the bed is
                                                     heated during
                                                     regeneration,
                                                     temperature to
                                                     which the bed is
                                                     cooled within 15
                                                     minutes of the
                                                     completion of the
                                                     cooling phase, and
                                                     the regeneration
                                                     stream flow rate
                                                     within the
                                                     operating levels
                                                     established during
                                                     the initial
                                                     performance test or
                                                     design evaluation.

[[Page 16215]]

 
5. Each water scrubber with   Scrubber liquid flow  Collecting the
 inlet HAP emissions 1 ton/yr.                  drop.                 flow rate or
                                                     pressure drop data
                                                     according to Sec.
                                                     63.2475(b); and
                                                     reducing the flow
                                                     rate or pressure
                                                     drop data to daily
                                                     or block averages
                                                     according to Sec.
                                                     63.2475(b); and
                                                     maintaining the
                                                     daily or block
                                                     average water
                                                     scrubber flow rate
                                                     or pressure drop no
                                                     lower than the
                                                     value established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
6. Each caustic scrubber      Scrubber liquid flow  Collecting the
 with inlet HAP emissions      rate or pressure      scrubber liquid
 1 ton/yr.          drop and pH of the    flow rate or
                               scrubber effluent.    pressure drop data
                                                     according to Sec.
                                                     63.2475(b); and
                                                     collecting the
                                                     scrubber effluent
                                                     pH data according
                                                     to Sec.
                                                     63.2475(b); and
                                                     reducing the
                                                     scrubber liquid
                                                     flow rate or
                                                     pressure drop data
                                                     to daily or block
                                                     averages according
                                                     to calculations in
                                                     Sec.  63.2475(b);
                                                     and reducing the
                                                     scrubber effluent
                                                     pH data to daily or
                                                     block averages
                                                     according to the
                                                     calculations in
                                                     Sec.  63.2475(b);
                                                     and maintaining the
                                                     daily or block
                                                     average scrubber
                                                     liquid flow rate or
                                                     pressure drop, and
                                                     the daily or block
                                                     average scrubber
                                                     effluent pH, no
                                                     lower than the
                                                     values established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
7. Each control device with   As identified in      Following the
 inlet HAP emissions 1 ton/    your precompliance    procedures in your
 yr for which you received     report.               approved
 approval to comply with                             precompliance
 operating limits different                          report to verify on
 from those described in                             a daily or block
 entries (a) through (f) of                          basis that the
 this table.                                         control device is
                                                     operating properly.
8. Each design steam          Steam-to-wastewater   Collecting the steam
 stripper.                     ratio, wastewater     mass flow rate,
                               temperature, and      wastewater flow
                               wastewater loading.   rate, and
                                                     wastewater (or
                                                     column operating)
                                                     temperature data
                                                     according to Sec.
                                                     63.2475(b); and
                                                     reducing the data
                                                     to daily or block
                                                     averages according
                                                     to Sec.
                                                     63.2475(b); and
                                                     maintaining the
                                                     steam-to-wastewater
                                                     ratio 0.04 kg/liter,
                                                     the wastewater
                                                     temperature (or
                                                     column operating
                                                     temperature) 95 deg.C,
                                                     and the wastewater
                                                     loading 67,100 liters
                                                     per hour per square
                                                     meter.
9. Each nonbiological         Parameters as         Collecting and
 treatment wastewater          approved by           reducing data as
 treatment unit, except a      permitting            specified by the
 design steam stripper.        authority.            permitting
                                                     authority and
                                                     maintaining
                                                     parameter levels
                                                     within the limits
                                                     approved by the
                                                     permitting
                                                     authority.
10. Each biological           TSS, BOD, and the     Collecting the data
 treatment unit.               biomass               at the frequency
                               concentration.        approved by the
                                                     permitting
                                                     authority and using
                                                     methods approved by
                                                     the permitting
                                                     authority; and
                                                     maintaining the
                                                     TSS, BOD, and
                                                     biomass
                                                     concentration
                                                     within levels
                                                     approved by the
                                                     permitting
                                                     authority.
------------------------------------------------------------------------

    As required in Secs. 63.2490(a), 63.2505(c)(4), and 63.2525(c), you 
must demonstrate continuous compliance with each work practice standard 
that applies to you as specified in the following table:

   Table 19 to Subpart FFFF.--Continuous Compliance With Work Practice
                                Standards
------------------------------------------------------------------------
    For the following work practice      You must demonstrate continuous
             standard * * *                    compliance by * * *
------------------------------------------------------------------------
1. Install a floating roof on a storage  Conducting the inspections in
 tank.                                    Sec.  63.1063(d) at the
                                          frequency specified in Sec.
                                          63.1063(c); and repairing any
                                          failures detected during the
                                          inspection as specified in
                                          Sec.  63.1063(e); and
                                          maintaining records of
                                          inspections, repairs, floating
                                          roof landings, and vessel
                                          dimensions and capacity as
                                          specified in Sec.  63.1065.

[[Page 16216]]

 
2. Install emission suppression          Conducting semi-annual visual
 equipment for waste management units     inspections of each fixed
 as specified in Secs.  63.133 through    roof, cover, and enclosure for
 63.137.                                  visible, audible, or olfactory
                                          indications of leaks as
                                          specified in Secs.  63.133
                                          through 63.137; and conducting
                                          inspections, repairing
                                          failures, and documenting
                                          delay or repair for each fixed
                                          roof, cover, and enclosure as
                                          specified in Secs.  63.133
                                          through 63.137 maintain
                                          records of failures and
                                          corrective actions; and for
                                          each floating roof installed
                                          on a wastewater tank,
                                          conducting inspections,
                                          repairing failures, and
                                          maintaining records as
                                          specified in entry 1. of this
                                          table for storage tanks.
3. Implement the LDAR requirements in    Performing the required
 Secs.  63.1025 through 63.1037.          monitoring on the required
                                          schedule, repairing leaks
                                          within the specified time
                                          period according to Secs.
                                          63.1025 through 63.1037; and
                                          keeping records according to
                                          Sec.  63.1038(b).
4. Vent transfer operation emissions     Conducting annual inspections,
 back to the process or originating       repairing leaks, and recording
 vessel.                                  results in accordance with the
                                          requirements for closed-vent
                                          systems in entries (i) and (j)
                                          of this table.
5. Controlling emissions with a flare..  Continuously monitoring for the
                                          presence of pilot flame as
                                          specified in Sec.  63.987(c)
                                          and keeping records of the
                                          monitoring results as
                                          specified in Sec.
                                          63.998(a)(1)(ii) and (iii).
6. Controlling emissions with a          Monitoring the operating time
 nonregenerative carbon adsorber.         during which the carbon
                                          adsorber is used; and
                                          replacing the cannister within
                                          the time interval established
                                          during the initial compliance
                                          demonstration.
7. Inspect and repair heat exchange      Monitoring for HAP compounds,
 systems.                                 other substances, or surrogate
                                          indicators at the frequency
                                          specified in Sec.  63.104(b)
                                          or (c), repairing leaks within
                                          the time period specified in
                                          Sec.  63.104(d)(1), confirming
                                          that the repair is successful
                                          as specified in Sec.
                                          63.104(d)(2), following the
                                          procedures in Sec.  63.104(e)
                                          if you implement delay of
                                          repair, and recording the
                                          results of inspections and
                                          repair according to Sec.
                                          63.104(f)(1).
8. Cover liquid streams in open systems  Complying with entry 2. of this
 within an MCPU.                          table.
9. Inspect closed-vent systems.........  Conducting the inspections and
                                          maintaining records according
                                          to Sec.  63.983(b) and (c) and
                                          repairing leaks according to
                                          Sec.  63.983(d).
10. Monitor bypass lines in closed-vent  If using a flow indicator,
 systems.                                 ensuring that flow indicator
                                          readings are taken at least
                                          once every 15 minutes,
                                          maintaining hourly records of
                                          whether the flow indicator was
                                          operating and whether a
                                          diversion was detected at any
                                          time during the hour,
                                          recording all periods when the
                                          vent stream is diverted from
                                          the control stream or the flow
                                          indicator is not operating; or
                                          if you secure the bypass line
                                          valve in the closed-position,
                                          maintain a record that the
                                          monthly visual inspection of
                                          the seal or closure mechanism
                                          has been done; and recording
                                          the occurrence of all periods
                                          when the seal mechanism is
                                          broken, the bypass line valve
                                          position has changed, or the
                                          key for a lock-and-key type
                                          lock has been checked out.
11. Develop and implement maintenance    Implementing the procedures in
 wastewater plan.                         the plan for each wastewater
                                          stream according to Sec.
                                          63.105(d), modifying and
                                          updating the procedures as
                                          needed according to Sec.
                                          63.105(c), and maintaining
                                          records of the plan and
                                          updates according to Sec.
                                          63.105(e).
12. Vapor balancing for storage tanks..  Operating and monitoring the
                                          vapor balancing system as
                                          specified in Sec.
                                          63.1253(f)(1) through (5),
                                          maintaining a record of DOT
                                          certifications required by
                                          Sec.  63.1253(f)(2), and
                                          maintaining a record of the
                                          pressure relief vent setting
                                          that shows it is 2.5 psig; and if you are
                                          the owner or operator of a
                                          reloading or cleaning
                                          facility, controlling
                                          emissions from reloading or
                                          cleaning as specified in Sec.
                                          63.1253(f)(6) and (7).
13. Conduct annual catalyst test for     Conducting a catalyst test once
 catalytic incinerators.                  per year that shows the
                                          activity of the carbon is
                                          acceptable.
------------------------------------------------------------------------

    As required in Sec. 63.2520(a) and (b), you must submit each report 
that applies to you on the schedule shown in the following table:

           Table 20 to Subpart FFFF.--Requirements for Reports
------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit a(n)          contain * * *         report * * *
------------------------------------------------------------------------
1. Precompliance report.....  The information       At least 6 months
                               specified in Sec.     prior to the
                               63.2520(c); and if    compliance date; or
                               you comply with the   for new sources,
                               pollution             with the
                               prevention            application for
                               standard, the         approval of
                               demonstration         construction or
                               summary specified     reconstruction.
                               in Sec.  63.2495(f).
2. Compliance report........  The information       Semiannually
                               specified in Sec.     according to the
                               63.2520(d).           requirements in
                                                     Sec.  63.2520(b).

[[Page 16217]]

 
3. Immediate startup,         a. Actions taken for  By fax or telephone
 shutdown, and malfunction     the event, and.       within 2 working
 report if you had a                                 days after starting
 startup, shutdown, or                               actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan.
 not consistent with your
 startup, shutdown, and
 malfunction plan.
                              b. The information    By letter within 7
                               in Sec.               working days after
                               63.10(d)(5)(ii).      the end of the
                                                     event unless you
                                                     have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority (Sec.
                                                     63.10(d)(5)(ii)).
------------------------------------------------------------------------

    As specified in Sec. 63.2540, the parts of the General Provisions 
that apply to you are shown in the following table:

      Table 21 to Subpart FFFF.--Applicability of General Provisions (Subpart A) to Subpart FFFF of Part 63
----------------------------------------------------------------------------------------------------------------
             Citation                       Subject               Brief description            Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.......................  Applicability............  Initial applicability     Yes.
                                                               determination;
                                                               Applicability after
                                                               Standard established;
                                                               Permit requirements;
                                                               extensions,
                                                               notifications.
Sec.  63.2.......................  Definitions..............  Definitions for part 63   Yes.
                                                               standards.
Sec.  63.3.......................  Units and Abbreviations..  Units and abbreviations   Yes.
                                                               for part 63 standards.
Sec.  63.4.......................  Prohibited Activities....  Prohibited activities;    Yes.
                                                               compliance date;
                                                               Circumvention,
                                                               severability.
Sec.  63.5.......................  Construction/              Applicability;            Yes.
                                    Reconstruction.            Applications; Approvals.
Sec.  63.6(a)....................  Applicability............  General Provisions apply  Yes.
                                                               unless compliance
                                                               extension; General
                                                               Provisions apply to
                                                               area sources that
                                                               become major.
Sec.  63.6(b)(1)-(4).............  Compliance Dates for New   Standards apply at        Yes.
                                    and Reconstructed          effective date; 3 years
                                    sources.                   after effective date;
                                                               upon startup; 10 years
                                                               after construction or
                                                               reconstruction
                                                               commences for section
                                                               112(f).
Sec.  63.6(b)(5).................  Notification.............  Must notify if commenced  Yes.
                                                               construction or
                                                               reconstruction after
                                                               proposal.
Sec.  63.6(b)(6).................  [Reserved]
Sec.  63.6(b)(7).................  Compliance Dates for New   Area sources that become  Yes.
                                    and Reconstructed Area     major must comply with
                                    Sources That Become        major source standards
                                    Major.                     immediately upon
                                                               becoming major,
                                                               regardless of whether
                                                               required to comply when
                                                               they were an area
                                                               source.
Sec.  63.6(c)(1)-(2).............  Compliance Dates for       Comply according to date  Yes.
                                    Existing Sources.          in subpart, which must
                                                               be no later than 3
                                                               years after effective
                                                               date; For section
                                                               112(f) standards,
                                                               comply within 90 days
                                                               of effective date
                                                               unless compliance
                                                               extension.
Sec.  63.6(c)(3)-(4).............  [Reserved]
Sec.  63.6(c)(5).................  Compliance Dates for       Area sources that become  Yes.
                                    Existing Area Sources      major must comply with
                                    That Become Major.         major source standards
                                                               by date indicated in
                                                               subpart or by
                                                               equivalent time period
                                                               (for example, 3 years).
Sec.  63.6(d)....................  [Reserved]
Sec.  63.6(e)(1)-(2).............  Operation & Maintenance..  Operate to minimize       Yes.
                                                               emissions at all times;
                                                               Correct malfunctions as
                                                               soon as practicable;
                                                               Operation and
                                                               maintenance
                                                               requirements
                                                               independently
                                                               enforceable;
                                                               information
                                                               Administrator will use
                                                               to determine if
                                                               operation and
                                                               maintenance
                                                               requirements were met.

[[Page 16218]]

 
Sec.  63.6(e)(3).................  Startup, Shutdown, and     Requirement for SSM and   Yes.
                                    Malfunction Plan (SSMP).   startup, shutdown,
                                                               malfunction plan;
                                                               Content of SSMP.
Sec.  63.6(f)(1).................  Compliance Except During   You must comply with      Yes.
                                    SSM.                       emission standards at
                                                               all times except during
                                                               SSM.
Sec.  63.6(f)(2)-(3).............  Methods for Determining    Compliance based on       Yes.
                                    Compliance.                performance test,
                                                               operation and
                                                               maintenance plans,
                                                               records, inspection.
Sec.  63.6(g)(1)-(3).............  Alternative Standard.....  Procedures for getting    Yes.
                                                               an alternative standard.
Sec.  63.6(h)....................  Opacity/Visible Emission   Requirements for opacity  Only for flares for
                                    (VE) Standards.            and visible emission      which Method 22
                                                               limits.                   observations are
                                                                                         required as part of a
                                                                                         flare compliance
                                                                                         assessment.
Sec.  63.6(i)(1)-(14)............  Compliance Extension.....  Procedures and criteria   Yes.
                                                               for Administrator to
                                                               grant compliance
                                                               extension.
Sec.  63.6(j)....................  Presidential Compliance    President may exempt      Yes.
                                    Exemption.                 source category from
                                                               requirement to comply
                                                               with rule.
Sec.  63.7(a)(1)-(2).............  Performance Test Dates...  Dates for Conducting      Yes, except that Sec.
                                                               Initial Performance       63.2465(a) specifies
                                                               Testing and Other         that you must conduct
                                                               Compliance                initial compliance
                                                               Demonstrations; must      demonstrations before
                                                               conduct 180 days after    the compliance date for
                                                               first subject to rule.    existing sources in
                                                                                         operation before the
                                                                                         effective date.
Sec.  63.7(a)(3).................  Section 114 Authority....  Administrator may         Yes.
                                                               require a performance
                                                               test under CAA Section
                                                               114 at any time.
Sec.  63.7(b)(1).................  Notification of            Must notify               Yes.
                                    Performance Test.          Administrator 60 days
                                                               before the test.
Sec.  63.7(b)(2).................  Notification of            If rescheduling a         Yes.
                                    Rescheduling.              performance test is
                                                               necessary, must notify
                                                               Administrator 5 days
                                                               before scheduled date
                                                               of rescheduled date.
Sec.  63.7(c)....................  Quality Assurance/Test     Requirement to submit     Yes, except the test
                                    Plan.                      site-specific test plan   plan must be submitted
                                                               60 days before the test   with the notification
                                                               or on date                of the performance test
                                                               Administrator agrees      if the control device
                                                               with; Test plan           controls batch process
                                                               approval procedures;      vents.
                                                               Performance audit
                                                               requirements; Internal
                                                               and External QA
                                                               procedures for testing.
Sec.  63.7(d)....................  Testing Facilities.......  Requirements for testing  Yes.
                                                               facilities.
Sec.  63.7(e)(1).................  Conditions for Conducting  Performance tests must    Yes, except that
                                    Performance Tests.         be conducted under        performance tests for
                                                               representative            batch process vents
                                                               conditions; cannot        must be conducted under
                                                               conduct performance       worst-case conditions
                                                               tests during SSM; not a   as specified in Sec.
                                                               violation to exceed       63.2470 and Table 11 to
                                                               standard during SSM.      this subpart.
Sec.  63.7(e)(2).................  Conditions for Conducting  Must conduct according    Yes.
                                    Performance Tests.         to rule and EPA test
                                                               methods unless
                                                               Administrator approves
                                                               alternative.
Sec.  63.7(e)(3).................  Test Run Duration........  Must have three test      Yes.
                                                               runs of at least 1 hour
                                                               each; Compliance is
                                                               based on arithmetic
                                                               mean of three runs;
                                                               Conditions when data
                                                               from an additional test
                                                               run can be used.
Sec.  63.7(f)....................  Alternative Test Method..  Procedures by which       Yes.
                                                               Administrator can grant
                                                               approval to use an
                                                               alternative test method.

[[Page 16219]]

 
Sec.  63.7(g)....................  Performance Test Data      Must include raw data in  Yes.
                                    Analysis.                  performance test
                                                               report; Must submit
                                                               performance test data
                                                               60 days after end of
                                                               test with the
                                                               Notification of
                                                               Compliance Status; Keep
                                                               data for 5 years.
Sec.  63.7(h)....................  Waiver of Tests..........  Procedures for            Yes.
                                                               Administrator to waive
                                                               performance test.
Sec.  63.8(a)(1).................  Applicability of           Subject to all            Yes.
                                    Monitoring Requirements.   monitoring requirements
                                                               in standard.
Sec.  63.8(a)(2).................  Performance                Performance               Yes.
                                    Specifications.            Specifications in
                                                               appendix B of part 60
                                                               apply.
Sec.  63.8(a)(3).................  [Reserved]...............
Sec.  63.8(a)(4).................  Monitoring with Flares...  Unless your rule says     Yes.
                                                               otherwise, the
                                                               requirements for flares
                                                               in Sec.  63.11 apply.
Sec.  63.8(b)(1).................  Monitoring...............  Must conduct monitoring   Yes.
                                                               according to standard
                                                               unless Administrator
                                                               approves alternative.
Sec.  63.8(b)(2)-(3).............  Multiple Effluents and     Specific requirements     Yes.
                                    Multiple Monitoring        for installing
                                    Systems.                   monitoring systems;
                                                               Must install on each
                                                               effluent before it is
                                                               combined and before it
                                                               is released to the
                                                               atmosphere unless
                                                               Administrator approves
                                                               otherwise; If more than
                                                               one monitoring system
                                                               on an emission point,
                                                               must report all
                                                               monitoring system
                                                               results, unless one
                                                               monitoring system is a
                                                               backup.
Sec.  63.8(c)(1).................  Monitoring System          Maintain monitoring       Yes.
                                    Operation and              system in a manner
                                    Maintenance.               consistent with good
                                                               air pollution control
                                                               practices.
Sec.  63.8(c)(1)(i)..............  Routine and Predictable    Follow the SSM plan for   Yes.
                                    SSM.                       routine repairs; keep
                                                               parts for routine
                                                               repairs readily
                                                               available; reporting
                                                               requirements for SSM
                                                               when action is
                                                               described in SSM plan.
Sec.  63.8(c)(1)(ii).............  SSM not in SSMP..........  Reporting requirements    Yes.
                                                               for SSM when action is
                                                               not described in SSM
                                                               plan.
Sec.  63.8(c)(1)(iii)............  Compliance with Operation  How Administrator         Yes.
                                    and Maintenance            determines if source
                                    Requirements.              complying with
                                                               operation and
                                                               maintenance
                                                               requirements; Review of
                                                               source operation and
                                                               maintenance procedures,
                                                               records, Manufacturer's
                                                               instructions,
                                                               recommendations, and
                                                               inspection of
                                                               monitoring system.
Sec.  63.8(c)(2)-(3).............  Monitoring System          Must install to get       Yes.
                                    Installation.              representative emission
                                                               and parameter
                                                               measurements; Must
                                                               verify operational
                                                               status before or at
                                                               performance test.
Sec.  63.8(c)(4).................  CMS Requirements.........  CMS must be operating     No. CMS requirements are
                                                               except during             specified in Sec.
                                                               breakdown, out-of-        63.2485.
                                                               control, repair,
                                                               maintenance, and high-
                                                               level calibration
                                                               drifts.
Sec.  63.8(c)(4)(i)-(ii).........  .........................  COMS must have a minimum  Only for the alternative
                                                               of one cycle of           standard, but Sec.
                                                               sampling and analysis     63.8(c)(4)(i) does not
                                                               for each successive 10-   apply because the
                                                               second period and one     alternative standard
                                                               cycle of data recording   does not require COMS.
                                                               for each successive 6-
                                                               minute period; CEMS
                                                               must have a minimum of
                                                               one cycle of operation
                                                               for each successive 15-
                                                               minute period.

[[Page 16220]]

 
Sec.  63.8(c)(5).................  COMS Minimum Procedures..  COMS minimum procedures.  No. This subpart FFFF
                                                                                         does not contain
                                                                                         opacity or VE limits.
Sec.  63.8(c)(6).................  CMS Requirements.........  Zero and High level       Only for the alternative
                                                               calibration check         standard in Sec.
                                                               requirements; Out-of-     63.2505.
                                                               control periods.
Sec.  63.8(c)(7)-(8).............  CMS Requirements.........  Out-of-Control period,    No, except for the
                                                               including reporting.      alternative standard in
                                                                                         Sec.  63.2505.
Sec.  63.8(d)....................  CMS Quality Control......  Requirements for CMS      Only for the alternative
                                                               quality control,          standard in Sec.
                                                               including calibration,    63.2505.
                                                               etc.; Must keep quality
                                                               control plan on record
                                                               for 5 years. Keep old
                                                               versions for 5 years
                                                               after revisions.
Sec.  63.8(e)....................  CMS Performance            Notification,             Only for the alternative
                                    Evaluation.                performance evaluation    standard in Sec.
                                                               test plan, reports.       63.2505, but Sec.
                                                                                         63.8(e)(5)(ii) does not
                                                                                         apply because the
                                                                                         alternative standard
                                                                                         does not require COMS.
                                                                                         For existing sources,
                                                                                         the performance
                                                                                         evaluation must be
                                                                                         completed prior to the
                                                                                         compliance date, and
                                                                                         the results must be
                                                                                         included in the
                                                                                         notification of
                                                                                         compliance status.
Sec.  63.8(f)(1)-(5).............  Alternative Monitoring     Procedures for            Yes, except you may also
                                    Method.                    Administrator to          request approval using
                                                               approve alternative       the precompliance
                                                               monitoring.               report.
Sec.  63.8(f)(6).................  Alternative to Relative    Procedures for            Only for the alternative
                                    Accuracy Test.             Administrator to          standard in Sec.
                                                               approve alternative       63.2505.
                                                               relative accuracy tests
                                                               for CEMS.
Sec.  63.8(g)(1)-(4).............  Data Reduction...........  COMS 6-minute averages    Only for the alternative
                                                               calculated over at        standard in Sec.
                                                               least 36 evenly spaced    63.2505, except that
                                                               data points; CEMS 1-      the requirements for
                                                               hour averages computed    COMS do not apply
                                                               over at least 4 equally   because subpart FFFF
                                                               spaced data points.       has no opacity or VE
                                                                                         limits, and Sec.
                                                                                         63.8(g)(2) does not
                                                                                         apply because data
                                                                                         reduction requirements
                                                                                         are specified in Sec.
                                                                                         63.2475(a)(5).
Sec.  63.8(g)(5).................  Data Reduction...........  Data that can't be used   No. Data reduction
                                                               in computing averages     procedures are
                                                               for CEMS and COMS.        specified in Sec.
                                                                                         63.2485(b).
Sec.  63.9(a)....................  Notification Requirements  Applicability and State   Yes.
                                                               Delegation.
Sec.  63.9(b)(1)-(5).............  Initial Notifications....  Submit notification 120   Yes.
                                                               days after effective
                                                               date; Notification of
                                                               intent to construct/
                                                               reconstruct;
                                                               Notification of
                                                               commencement of
                                                               construct/reconstruct;
                                                               Notification of
                                                               startup; Contents of
                                                               each notification.
Sec.  63.9(c)....................  Request for Compliance     Can request if cannot     Yes.
                                    Extension.                 comply by date or if
                                                               installed BACT/LAER.
Sec.  63.9(d)....................  Notification of Special    For sources that          Yes.
                                    Compliance Requirements    commence construction
                                    for New Source.            between proposal and
                                                               promulgation and want
                                                               to comply 3 years after
                                                               effective date.
Sec.  63.9(e)....................  Notification of            Notify Administrator 60   Yes.
                                    Performance Test.          days prior.
Sec.  63.9(f)....................  Notification of VE/        Notify Administrator 30   No. Subpart FFFF does
                                    Opacity Test.              days prior.               not contain opacity or
                                                                                         VE limits.
Sec.  63.9(g)....................  Additional Notifications   Notification of           Only for the alternative
                                    When Using CMS.            performance evaluation;   standard in Sec.
                                                               Notification using COMS   63.2505.
                                                               data; Notification that
                                                               exceeded criterion for
                                                               relative accuracy.

[[Page 16221]]

 
Sec.  63.9(h)(1)-(6).............  Notification of            Contents; Due 60 days     Yes, except subpart FFFF
                                    Compliance Status.         after end of              has no opacity or VE
                                                               performance test or       limits, and Sec.
                                                               other compliance          63.2515(e). (1)
                                                               demonstration, except     specifies that the
                                                               for opacity/VE, which     Notification of
                                                               are due 30 days after;    Compliance Status is
                                                               When to submit to         due by the compliance
                                                               Federal vs. State         date for parts of
                                                               authority.                existing sources in
                                                                                         operation prior to the
                                                                                         effective date, and
                                                                                         Sec.  63.2515(e). (2)
                                                                                         specifies that the
                                                                                         Notification of
                                                                                         Compliance Status is
                                                                                         due within 240 days
                                                                                         after the compliance
                                                                                         date for all other
                                                                                         affected sources.
Sec.  63.9(i)....................  Adjustment of Submittal    Procedures for            Yes.
                                    Deadlines.                 Administrator to
                                                               approve change in when
                                                               notifications must be
                                                               submitted.
Sec.  63.9(j)....................  Change in Previous         Must submit within 15     Yes.
                                    Information.               days after the change.
Sec.  63.10(a)...................  Recordkeeping/Reporting..  Applies to all, unless    Yes.
                                                               compliance extension;
                                                               When to submit to
                                                               Federal vs. State
                                                               authority; Procedures
                                                               for owners of more than
                                                               1 source.
Sec.  63.10(b)(1)................  Recordkeeping/Reporting..  General Requirements;     Yes.
                                                               Keep all records
                                                               readily available; Keep
                                                               for 5 years.
Sec.  63.10(b)(2)(i)-(iv)........  Records related to         Occurrence of each of     Yes.
                                    Startup, Shutdown, and     operation (process
                                    Malfunction.               equipment); Occurrence
                                                               of each malfunction of
                                                               air pollution
                                                               equipment; Maintenance
                                                               on air pollution
                                                               control equipment;
                                                               Actions during startup,
                                                               shutdown, and
                                                               malfunction.
Sec.  63.10(b)(2)(vi), (x), and    CMS Records..............  Malfunctions,             Yes.
 (xi).                                                         inoperative, out-of-
                                                               control; Calibration
                                                               checks; Adjustments,
                                                               maintenance.
Sec.  63.10(b)(2)(vii)-(ix)......  Records..................  Measurements to           Yes.
                                                               demonstrate compliance
                                                               with emission
                                                               limitations;
                                                               Performance test,
                                                               performance evaluation,
                                                               and visible emission
                                                               observation results;
                                                               Measurements to
                                                               determine conditions of
                                                               performance tests and
                                                               performance evaluations.
Sec.  63.10(b)(2)(xii)...........  Records..................  Records when under        Yes.
                                                               waiver.
Sec.  63.10(b)(2)(xiii)..........  Records..................  Records when using        Only for the alternative
                                                               alternative to relative   standard in Sec.
                                                               accuracy test.            63.2505.
Sec.  63.10(b)(2)(xiv)...........  Records..................  All documentation         Yes.
                                                               supporting Initial
                                                               Notification and
                                                               Notification of
                                                               Compliance Status.
Sec.  63.10(b)(3)................  Records..................  Applicability             Yes.
                                                               Determinations.
Sec.  63.10(c)(1)-(6),(9)-(15)...  Records..................  Additional Records for    Only for the alternative
                                                               CMS.                      standard in Sec.
                                                                                         63.2505.
Sec.  63.10(c)(7)-(8)............  Records..................  Records of excess         No. Recordkeeping
                                                               emissions and parameter   requirements are
                                                               monitoring exceedances    specified in Sec.
                                                               for CMS (now defined as   63.2525.
                                                               deviations).
Sec.  63.10(d)(1)................  General Reporting          Requirement to report...  Yes.
                                    Requirements.
Sec.  63.10(d)(2)................  Report of Performance      When to submit to         Yes.
                                    Test Results.              Federal or State
                                                               authority.
Sec.  63.10(d)(3)................  Reporting Opacity or VE    What to report and when.  No. Subpart FFFF does
                                    Observations.                                        not contain opacity or
                                                                                         VE limits.
Sec.  63.10(d)(4)................  Progress Reports.........  Must submit progress      Yes.
                                                               reports on schedule if
                                                               under compliance
                                                               extension.
Sec.  63.10(d)(5)................  Startup, Shutdown, and     Contents and submission.  Yes.
                                    Malfunction Reports.

[[Page 16222]]

 
Sec.  63.10(e)(1)-(2)............  Additional CMS Reports...  Must report results for   Only for the alternative
                                                               each CEM on a unit;       standard, but Sec.
                                                               Written copy of           63.10(e)(2)(ii) does
                                                               performance evaluation;   not apply because the
                                                               3 copies of COMS          alternative standard
                                                               performance evaluation.   does not require COMS.
Sec.  63.10(e)(3)................  Reports..................  Excess Emission Reports.  No. Reporting
                                                                                         requirements are
                                                                                         specified in Sec.
                                                                                         63.2520.
Sec.  63.10(e)(3)(i)-(iii).......  Reports..................  Schedule for reporting    No. Reporting
                                                               excess emissions and      requirements are
                                                               parameter monitor         specified in Sec.
                                                               exceedance (now defined   63.2520.
                                                               as deviations).
Sec.  63.10(e)(3)(iv)-(v)........  Excess Emissions Reports.  Requirement to revert to  No. Reporting
                                                               quarterly submission if   requirements are
                                                               there is an excess        specified in Sec.
                                                               emissions and parameter   63.2520.
                                                               monitor exceedance (now
                                                               defined as deviations);
                                                               Provision to request
                                                               semiannual reporting
                                                               after compliance for
                                                               one year; Submit report
                                                               by 30th day following
                                                               end of quarter or
                                                               calendar half; If there
                                                               has not been an
                                                               exceedance or excess
                                                               emission (now defined
                                                               as deviations), report
                                                               contents is a statement
                                                               that there have been no
                                                               deviations.
Sec.  63.10(e)(3)(iv)-(v)........  Excess Emissions Reports.  Must submit report        No. Reporting
                                                               containing all of the     requirements are
                                                               information in Sec.       specified in Sec.
                                                               63.10(c)(5)-(13), Sec.    63.2520.
                                                               63.8(c)(7)-(8).
Sec.  63.10(e)(3)(vi)-(viii).....  Excess Emissions Report    Requirements for          No. Reporting
                                    and Summary Report.        reporting excess          requirements are
                                                               emissions for CMSs (now   specified in Sec.
                                                               called deviations);       63.2520.
                                                               Requires all of the
                                                               information in Sec.
                                                               63.10(c)(5)-(13), Sec.
                                                               63.8(c)(7)-(8).
Sec.  63.10(e)(4)................  Reporting COMS data......  Must submit COMS data     No. Subpart FFFF does
                                                               with performance test     not contain opacity or
                                                               data.                     VE limits.
Sec.  63.10(f)...................  Waiver for Recordkeeping/  Procedures for            Yes.
                                    Reporting.                 Administrator to waive.
Sec.  63.11......................  Flares...................  Requirements for flares.  Yes.
Sec.  63.12......................  Delegation...............  State authority to        Yes.
                                                               enforce standards.
Sec.  63.13......................  Addresses................  Addresses where reports,  Yes.
                                                               notifications, and
                                                               requests are sent.
Sec.  63.14......................  Incorporation by           Test methods              Yes.
                                    Reference.                 incorporated by
                                                               reference.
Sec.  63.15......................  Availability of            Public and confidential   Yes.
                                    Information.               information.
----------------------------------------------------------------------------------------------------------------

    3. Part 63 is amended by adding subpart HHHHH to read as follows:

Subpart HHHHH--National Emission Standards for Hazardous Air 
Pollutants for Miscellaneous Coating Manufacturing

Sec.

What this Subpart Covers

63.7980   What is the purpose of this subpart?
63.7985   Am I subject to the requirements in this subpart?
63.7990   What parts of my plant does this subpart cover?
63.7995   When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.8000   What emission limitations and work practice standards must 
I meet?

General Compliance Requirements

63.8010   What are my general requirements for complying with this 
subpart?

Testing and Initial Compliance Requirements

63.8015   How do I determine whether vent streams are halogenated?
63.8020   How do I determine which wastewater streams are affected 
wastewater streams?
63.8025   By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.8030   What performance tests, design evaluations, and other 
procedures must I use?
63.8035   What are my monitoring installation, operation, and 
maintenance requirements?
63.8040   How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

Continuous Compliance Requirements

63.8045   How do I monitor and collect data to demonstrate 
continuous compliance?
63.8050   How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

[[Page 16223]]

Alternative Means of Compliance

63.8055   How do I comply with the alternative standard?
63.8060   How do I conduct emissions averaging for process vessels?
63.8065   How may I transfer wastewater to a treatment unit that I 
do not own or operate?

Notifications, Reports, and Records

63.8070   What notifications must I submit and when?
63.8075   What reports must I submit and when?
63.8080   What records must I keep?
63.8085   In what form and how long must I keep my records?

Other Requirements and Information

63.8090   What compliance options do I have if part of my plant is 
subject to both this subpart and another subpart?
63.8095   What parts of the General Provisions apply to me?
63.8100   Who implements and enforces this subpart?
63.8105   What definitions apply to this subpart?

Tables to Subpart HHHHH of Part 63

Table 1 to Subpart HHHHH--Emission Limitations and Work Practice 
Standards for Process Vessels
Table 2 to Subpart HHHHH--Emission Limitations and Work Practice 
Standards for Wastewater Streams, Waste Management Units, and Liquid 
Streams in Open Systems Within the Miscellaneous Coating 
Manufacturing Operations
Table 3 to Subpart HHHHH of Part 63--Emission Limitations and Work 
Practice Standards for Storage Tanks
Table 4 to Subpart HHHHH--Work Practice Standards for Equipment 
Leaks, Closed-Vent Systems, and Heat Exchange Systems
Table 5 to Subpart HHHHH--Emission Limitations and Work Practice 
Standards for Transfer Operations
Table 6 to Subpart HHHHH--Emission Limitations for Halogenated Vent 
Streams that are Controlled with a Combustion Device
Table 7 to Subpart HHHHH--Operating Limits and Work Practice 
Standards for Control Devices, Recovery Devices, and Wastewater 
Treatment Units
Table 8 to Subpart HHHHH--Requirements for Performance Tests
Table 9 to Subpart HHHHH--Initial Compliance With Emission 
Limitations and Work Practice Standards for Process Vessels
Table 10 to Subpart HHHHH--Initial Compliance With Emission 
Limitations and Work Practice Standards for Wastewater Streams, 
Waste Management Units, and Liquid Streams in Open Systems Within 
Miscellaneous Coating Manufacturing Operations
Table 11 to Subpart HHHHH--Initial Compliance With Emission 
Limitations and Work Practice Standards for Storage Tanks
Table 12 to Subpart HHHHH--Initial Compliance With Work Practice 
Standards for Equipment Leaks, Closed-Vent Systems, and Heat 
Exchange Systems
Table 13 to Subpart HHHHH--Initial Compliance With Emission 
Limitations and Work Practice Standards for Transfer Operations
Table 14 to Subpart HHHHH--Initial Compliance With Emission 
Limitations for Halogenated Vent Streams Controlled with a 
Combustion Device
Table 15 to Subpart HHHHH--Continuous Compliance with Emission 
Limitations
Table 16 to Subpart HHHHH--Continuous Compliance with Operating 
Limits
Table 17 to Subpart HHHHH--Continuous Compliance with Work Practice 
Standards
Table 18 to Subpart HHHHH--Requirements for Reports
Table 19 to Subpart HHHHH--Applicability of General Provisions to 
Subpart HHHHH

Subpart HHHHH--National Emission Standards for Hazardous Air 
Pollutants for Miscellaneous Coating Manufacturing

What This Subpart Covers


Sec. 63.7980  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous coating manufacturing. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations and work practice 
standards.


Sec. 63.7985  Am I subject to the requirements in this subpart?

    (a) You are subject to the requirements in this subpart if you own 
or operate miscellaneous coating manufacturing operations, as defined 
in paragraph (b) of this section, that meet the conditions specified in 
paragraphs (a)(1) through (4) of this section:
    (1) Are located at or are part of a major source of hazardous air 
pollutants (HAP) emissions, as defined in section 112(a) of the CAA;
    (2) Manufacture coatings, including inks, paints, or adhesives 
described by SIC codes 285 or 289 or NAICS Code 3255;
    (3) Process, use, or produce HAP; and
    (4) Are not part of an affected source under another subpart of 
this part 63.
    (b) Miscellaneous coating manufacturing operations include the 
facilitywide collection of equipment described in paragraphs (b)(1) 
through (5) of this section that is used to manufacture coatings 
described in paragraph (a)(2) of this section. Miscellaneous coating 
manufacturing operations also include cleaning operations.
    (1) Process vessels.
    (2) Storage tanks for feedstocks, recovered solvents, and products. 
You must assign storage tanks to the miscellaneous coating 
manufacturing operations according to the procedures described in 
Sec. 63.7990(c).
    (3) Equipment in open systems that is used to convey or store water 
containing the same HAP concentration as wastewater.
    (4) Components such as pumps, compressors, agitators, pressure 
relief devices, sampling connection systems, open-ended valves or 
lines, valves, connectors, and instrumentation systems.
    (5) Ancillary equipment such as waste management units and transfer 
operations.
    (c) The requirements for miscellaneous coating manufacturing 
sources in this subpart do not apply to operations described in 
paragraphs (c)(1) through (3) of this section.
    (1) Research and development facilities, as defined in section 
112(c)(7) of the CAA.
    (2) Ancillary equipment such as boilers and incinerators (only 
those not used to comply with the emission limitations in 
Sec. 63.8000), chillers and refrigeration systems, and other equipment 
that is not directly involved in the manufacturing of a coating (i.e., 
it operates as a closed system, and materials are not combined with 
materials used to manufacture the coating).
    (3) All equipment associated with a coating process for which the 
HAP concentration in the process vessel is 5 percent by weight.


Sec. 63.7990  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
miscellaneous coating manufacturing affected source.
    (b) The miscellaneous coating manufacturing affected source is the 
miscellaneous coating manufacturing operations as defined in 
Sec. 63.7985(b).
    (c) You must consider storage tanks to be part of the miscellaneous 
coating manufacturing operations if either the input to the storage 
tank from the coating process vessels (either directly or through 
another storage tank assigned to the miscellaneous coating 
manufacturing operations) is greater than or equal to the input from 
any other equipment, or the output from the storage tank to the coating 
process vessels (either directly or through another storage tank 
assigned to the miscellaneous coating manufacturing operations) is 
greater than or equal to the output to any other equipment. If

[[Page 16224]]

the greatest input to and/or output from a shared storage tank is the 
same for both miscellaneous coating manufacturing and other uses, you 
may assign the storage tank to either the miscellaneous coating 
manufacturing operations or to the process unit associated with the 
other uses. If the use varies from year to year, then you should base 
the determination on the utilization that occurred during the year 
preceding (date of publication of final rule) or, if the storage tank 
was not in operation during that year, you should base the use on the 
expected use for the first 5-year period after startup. You should 
include the determination in the Notification of Compliance Status 
specified in Sec. 63.8070.
    (d) An affected source is a new affected source if you commenced 
construction of the affected source after April 4, 2002, and you meet 
the applicability criteria at the time you commenced construction.
    (e) An affected source is reconstructed if you commenced 
reconstruction as defined in Sec. 63.2 after April 4, 2002.
    (f) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.7995  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to the requirements in paragraphs 
(a)(1) and (2) of this section.
    (1) If you startup your new or reconstructed affected source before 
the effective date of this subpart, then you must comply with the 
requirements for new and reconstructed sources in this subpart no later 
than the effective date of the subpart.
    (2) If you startup your new or reconstructed affected source after 
the effective date of this subpart, then you must comply with the 
requirements for new and reconstructed sources in this subpart upon 
startup of your affected source.
    (b) If you have an existing affected source on the effective date, 
you must comply with the requirements for existing sources in this 
subpart no later than the date 3 years after the effective date of this 
subpart. If you add equipment to your existing affected source after 
the effective date and before the date 3 years after the effective 
date, you must comply with the requirements for existing sources in 
this subpart no later than the date 3 years after the effective date of 
this subpart for the added equipment.
    (c) If you add equipment to your existing affected source after the 
date 3 years after the effective date, you must comply with the 
requirements for existing sources in this subpart upon startup of the 
added equipment.
    (d) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, you must 
comply with the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) Any portion of the existing facility that is a new affected 
source or a reconstructed source must be in compliance with the 
requirements for new and reconstructed sources in this subpart upon 
startup.
    (2) All other parts of the source must be in compliance with the 
requirements for existing sources in this subpart by the date 1 year 
after the date the area source becomes a major source.
    (e) You must meet the notification requirements in Sec. 63.8070 
according to the schedule in Sec. 63.8070 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limitations and work practice 
standards in this subpart.

Emission Limitations and Work Practice Standards


Sec. 63.8000  What emission limitations and work practice standards 
must I meet?

    (a) You must meet each emission limitation and work practice 
standard in Tables 1 through 6 of this subpart that applies to you as 
specified in paragraphs (a)(1) through (6) of this section.
    (1) Table 1 of this subpart specifies emission limitations and work 
practice standards for process vessels.
    (2) Table 2 of this subpart specifies emission limitations and work 
practice standards for wastewater streams, waste management units, and 
liquid streams in open systems within the miscellaneous coating 
manufacturing operations.
    (3) Table 3 of this subpart specifies emission limitations and work 
practice standards for storage tanks.
    (4) Table 4 of this subpart specifies work practice standards for 
equipment leaks, closed-vent systems, and heat exchange systems.
    (5) Table 5 of this subpart specifies emission limitations and work 
practice standards for transfer operations.
    (6) Table 6 of this subpart specifies emission limitations for 
halogenated vent streams that are controlled with a combustion device.
    (b) If an emission stream contains halogen atoms, you must 
determine whether it meets the definition of a halogenated stream using 
the procedures specified in Sec. 63.8015.
    (c) You must either designate a wastewater stream as an affected 
wastewater stream or determine that it is an affected wastewater stream 
using the procedures specified in Sec. 63.8020.
    (d) You must meet each operating limit for control devices, 
recovery devices, and wastewater treatment units in Table 7 of this 
subpart that applies to you.
    (e) All emission limitations, operating limits, and work practice 
standards in Tables 1 through 7 of this subpart apply to new, 
reconstructed, and existing sources, unless limited to specific sources 
within the tables.
    (f) As provided in Sec. 63.6(g), you may apply to EPA for approval 
to use an alternative to an emission limitation or work practice 
standard in Tables 1 through 7 of this subpart.
    (g) Opening of a safety device, as defined in Sec. 63.8105, is 
allowed at any time conditions require it to avoid unsafe conditions.
    (h) The emission limitations in Table 3 of this subpart for control 
devices used to control emissions from storage tanks do not apply 
during periods of planned routine maintenance. Periods of planned 
routine maintenance of each control device, during which the control 
device does not meet the emission limitations specified in Table 3 of 
this subpart, must not exceed 240 hours per year.

General Compliance Requirements


Sec. 63.8010  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) and the work practice standards in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (1) During the period, if any, between the compliance date 
specified for your affected source in Sec. 63.7995 and the date upon 
which continuous monitoring systems have been installed and validated 
and any applicable operating limits have been set, you must maintain a 
log detailing the operation and maintenance of the process and 
emissions control equipment.
    (2) [Reserved].
    (c) You must develop and implement a written startup, shutdown, and 
malfunction plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
    (d) If you use a boiler or process heater to comply with an 
emission

[[Page 16225]]

limitation, then the vent stream must be introduced into the flame zone 
of the boiler or process heater.
    (e) After you treat an affected wastewater stream or residual 
removed from an affected wastewater stream, it is no longer subject to 
this subpart.
    (f) You are not required to conduct a performance test or design 
evaluation when you use any of the units specified in paragraphs (f)(1) 
through (4) of this section to meet emission limitations specified in 
Sec. 63.8000. You also are exempt from the continuous compliance, 
recordkeeping, and reporting requirements specified in Secs. 63.8045 
through 63.8085 for any of these units. This exemption applies to units 
used as control devices or wastewater treatment units.
    (1) A hazardous waste incinerator that has been issued a final 
permit under 40 CFR part 270 and that complies with the requirements of 
40 CFR part 264, subpart O, or that has certified compliance with the 
interim status requirements of 40 CFR part 265, subpart O;
    (2) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater;
    (3) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel; or
    (4) A boiler or process heater burning hazardous waste that meets 
the requirements in paragraph (f)(4)(i) or (ii) of this section:
    (i) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (ii) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.

Testing and Initial Compliance Requirements


Sec. 63.8015  How do I determine whether vent streams are halogenated?

    To determine whether an emission stream from a process vessel, 
waste management unit, or transfer operation is halogenated, you must 
calculate the concentration of each organic-containing halogen atoms in 
accordance with Sec. 63.115(d)(2)(v)(A), multiply each concentration by 
the applicable number of halogen atoms in the organic compound, and sum 
the resulting halogen atom concentrations associated with each organic 
compound.


Sec. 63.8020  How do I determine which wastewater streams are affected 
wastewater streams?

    For each wastewater stream that you generate, you must either 
designate the wastewater stream as an affected wastewater stream 
according to the procedures in paragraph (a) of this section, or you 
must determine whether the wastewater stream is an affected wastewater 
stream according to the procedures in paragraph (b) of this section. 
Each affected wastewater stream is subject to the requirements in Table 
2 of this subpart.
    (a) You may designate any wastewater stream to be an affected 
wastewater stream. You do not have to determine the concentration for 
any designated affected wastewater stream.
    (b) For wastewater streams that you do not designate as affected 
wastewater streams, you must use the procedures specified in 
Sec. 63.144(b) to establish the concentrations, except as specified in 
paragraphs (b)(1) through (3) of this section.
    (1) The phrase ``Group 1 wastewater stream'' in Sec. 63.144 means 
``affected wastewater stream'' for the purposes of this subpart.
    (2) The phrase ``Group 2 wastewater stream'' means any wastewater 
stream that is not an affected wastewater stream for the purposes of 
this subpart.
    (3) References to ``Table 8 compounds'' in Sec. 63.144 do not apply 
for the purposes of this subpart.


Sec. 63.8025  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) If you have an existing affected source on the effective date 
of this subpart, you must conduct all initial compliance demonstrations 
required in Tables 9 through 14 of this subpart that apply to you prior 
to the date 3 years after the effective date.
    (b) If you have a new affected source or a reconstructed source, 
you must conduct all initial compliance demonstrations required in 
Tables 9 through 14 of this subpart that apply to you no later than 180 
calendar days after the applicable compliance date specified in 
Sec. 63.7995(a). You must also comply with Sec. 63.7(a)(2) for 
performance tests.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source, you must conduct 
all initial compliance demonstrations required in Tables 9 through 14 
of this subpart that apply to you in accordance with the schedule 
specified in paragraphs (c)(1) and (2) of this section.
    (1) For those parts of the source that are an existing affected 
source, you must conduct all initial compliance demonstrations prior to 
the date 1 year after the area source becomes a major source.
    (2) For those parts of the source that are a new affected source or 
reconstructed source, you must conduct all initial compliance 
demonstrations no later than 180 calendar days after startup. You must 
also comply with Sec. 63.7(a)(2) for performance tests.
    (d) You must conduct a subsequent performance test or compliance 
demonstration equivalent to an initial compliance demonstration within 
180 days of a change in the worst-case conditions.


Sec. 63.8030  What performance tests, design evaluations, and other 
procedures must I use?

    (a) You must conduct each performance test, design evaluation, and 
other procedure in Tables 9 through 14 of this subpart that applies to 
you.
    (b) When you are required to calculate uncontrolled emissions from 
batch vents according to Sec. 63.1257(d)(2)(i), use any applicable 
option except you may not calculate emissions from heating using 
Equation 13 of subpart GGG of this part or emissions from 
depressurization using the procedures in Sec. 63.1257(d)(2)(i)(C)(1) 
through (4).
    (c) Requirements for performance tests. Each performance test must 
be conducted according to the requirements in Sec. 63.7(e)(1), except 
that performance tests for HAP from process vessels must be conducted 
according to paragraph (c)(3) of this section and not under normal 
operating conditions as specified in Sec. 63.7(e)(1). Performance tests 
also must be conducted using the methods and procedures specified in 
Table 8 of this subpart and in paragraphs (c)(1) through (12) of this 
section.
    (1) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (2) When you conduct a performance test for a control device used 
to control emissions from process vessels, you must conduct the test 
according to Sec. 63.1257(b)(8).
    (3) When you conduct a performance test for a wastewater treatment 
unit or control device, you must conduct the test according to 
Sec. 63.145.
    (4) You do not have to conduct a performance test for any 
condenser, but you must have the results of continuous direct 
measurement of the condenser outlet gas temperature either for use in 
determining concentrations as part of the design evaluation specified 
in paragraph (d) of this section or for

[[Page 16226]]

demonstrating initial compliance with the work practice standard for 
process vessels according to entry 5. in Table 9 of this subpart.
    (5) If you elect to use Method 18 of 40 CFR part 60, appendix A, or 
ASTM D6420-99 (incorporated by reference as specified in Sec. 63.14), 
to measure the percent reduction of HAP as specified in Table 8 of this 
subpart, you must conduct the performance test using the procedures in 
paragraphs (c)(5)(i) through (iii) of this section.
    (i) In conducting the performance test, collect and analyze samples 
collected as specified in Method 18 or ASTM D6420-99. You must collect 
samples simultaneously at the inlet and outlet of the combustion 
device. If the performance test is for a combustion control device, you 
must first determine which HAP are present in the inlet gas stream 
(i.e., uncontrolled emissions) using process knowledge or the screening 
procedure described in Method 18. Quantify the emissions for the HAP 
present in the inlet gas stream for both the inlet and outlet gas 
streams for the combustion device.
    (ii) Calculate the concentration and emission rate of total organic 
HAP (EHAP) in the inlet and outlet vent streams using the 
equations in Secs. 63.115(c)(3)(ii) and 63.116(c)(4)(ii).
    (iii) Calculate the percent reduction in total organic HAP using 
the equation in Sec. 63.116(c)(4)(iii).
    (6) If you elect to use Method 25A of 40 CFR part 60, appendix A, 
to determine the percent reduction efficiency of a vent stream 
controlled in a noncombustion device as specified in Table 8 of this 
subpart, you must conduct the performance test in accordance with 
paragraphs (c)(6)(i) through (iv) of this section.
    (i) Calibrate the instrument on the predominant HAP.
    (ii) The results are acceptable if the response from the high level 
calibration gas is at least 20 times the standard deviation for the 
response from the zero calibration gas when the instrument is zeroed on 
its most sensitive scale.
    (iii) Calculate the inlet and outlet concentrations of total 
organic compound (TOC) per Section 8 of Method 25A. Calculate the 
emission rate of total organic compound (ETOC) in the inlet 
and outlet vent streams using the equation in Sec. 63.115(c)(4)(ii).
    (iv) Calculate the percent reduction in TOC using the equation in 
Sec. 63.116(c)(4)(iii).
    (7) If you elect to use Method 18 of 40 CFR part 60, appendix A, or 
ASTM D6420-99 (incorporated by reference as specified in Sec. 63.14), 
to measure the total concentration of HAP at the outlet of the control 
device as specified in Table 8 of this subpart, you must conduct the 
performance test using the procedures in paragraphs (c)(7)(i) and (ii) 
of this section.
    (i) For a combustion control device, you must first determine which 
HAP are present in the inlet gas stream using process knowledge or the 
screening procedure described in Method 18. In conducting the 
performance test, analyze samples collected at the outlet of the 
combustion control device as specified in Method 18 or ASTM D6420-99 
for the HAP compounds present at the inlet of the control device.
    (ii) The total HAP concentration (CHAP) is the sum of 
the concentrations of the individual HAP components and must be 
computed for each run using the equation in Sec. 63.115(c)(3)(ii).
    (8) If you elect to use Method 25A of 40 CFR part 60, appendix A to 
measure the TOC concentration of the outlet vent stream as specified in 
Table 8 of this subpart, you must conduct the performance test using 
the procedures in paragraphs (c)(8)(i) through (iii) of this section.
    (i) Calibrate the instrument on the predominant HAP.
    (ii) Conduct the performance test in accordance with paragraphs 
(c)(8)(ii)(A) and (B) of this section:
    (A) The results are acceptable if the response from the high level 
calibration gas is at least 20 times the standard deviation for the 
response from the zero calibration gas when the instrument is zeroed on 
its most sensitive scale; and
    (B) The span value of the analyzer must be less than 100 parts per 
million volume (ppmv).
    (iii) Report the results as carbon, calculated according to 
equation 25A-1 of Method 25A.
    (9) If you elect to use Method 25 of 40 CFR part 60, appendix A, to 
determine the percent reduction of TOC of a vent stream controlled in a 
combustion device as specified in Table 8 of this subpart, you must 
conduct the performance test using procedures in paragraphs (c)(9)(i) 
through (iii) of this section.
    (i) Measure the total gaseous non-methane organic (TGNMO) 
concentration of the inlet and outlet vent streams using the procedures 
of Method 25, except that you may use Method 25A in lieu of method 25 
if either condition in paragraph (c)(9)(i)(A) or (B) of this section is 
met.
    (A) The concentration at the inlet to the control system and the 
required level of control are such to result in exhaust TGNMO 
concentrations of 50 ppmv or less.
    (B) Because of the high efficiency of the control device, the 
anticipated TGNMO concentration at the control device exhaust is 50 
ppmv or less, regardless of the inlet concentration.
    (ii) Using the TGNMO concentration from Method 25 or the TOC 
concentration from method 25A, calculate the emission rate of TOC 
(ETOC) in the inlet and outlet vent streams according to 
paragraph (c)(6)(iii) of this section.
    (iii) Calculate the percent reduction in TOC according to paragraph 
(c)(6)(iv) of this section.
    (10) You must use Method 26 in appendix A to 40 CFR part 60 to 
measure hydrogen halide and halogen concentrations as specified in 
Table 8 of this subpart, and you must conduct the performance test 
using the procedures in paragraphs (c)(10)(i) and (ii) of this section.
    (i) Use a minimum sampling time of 1 hour.
    (ii) Use Method 26A in lieu of Method 26 when measuring emissions 
at the outlet of a scrubber where the potential for mist carryover 
exists.
    (11) You may use ASTM D6420-99 (incorporated by reference as 
specified in Sec. 63.14) in lieu of Method 18 of 40 CFR part 60, 
appendix A, under the conditions specified in paragraphs (c)(11)(i) 
through (iii) of this section.
    (i) If the target compound(s) is listed in Table 1.1 of ASTM D6420-
99 and the target concentration is between 150 parts per billion by 
volume and 100 ppmv.
    (ii) If the target compound(s) is not listed in Section 1.1 of ASTM 
D6420-99, but is potentially detected by mass spectrometry, an 
additional system continuing calibration check after each run, as 
detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, 
documented, and submitted with the performance test report even if you 
do not use a moisture condenser or the compound is not considered 
soluble.
    (iii) If a minimum of one sample/analysis cycle is completed at 
least every 15 minutes.
    (12) Three test runs are required for each performance test.
    (d) Design evaluation. When you conduct a design evaluation, you 
must follow the procedures in Sec. 63.1257(a)(1). The design evaluation 
must also include the value(s) and basis for the operating limit(s) to 
be monitored as specified in Table 7 of this subpart.
    (e) Establishing operating limits during performance tests. During 
the period of each performance test conducted according to paragraph 
(c)(2) of this section for any type of control device listed in Table 7 
of this subpart,

[[Page 16227]]

you must collect operating parameter monitoring system data, average 
the operating parameter data over the test period, determine the 
operating limit(s) to be monitored for that control device, and set 
limits according to paragraphs (e)(1) and (2) of this section. You may 
also elect to establish additional operating limit(s) for conditions 
other than those under which the performance test was conducted as 
specified in paragraph (e)(3) of this section.
    (1) If the operating limit to be established is a maximum, it must 
be based on the average of the values for each of the three test runs.
    (2) If the operating limit to be established is a minimum, it must 
be based on the average of the values for each of the three test runs.
    (3) If you elect to establish additional operating limits, you must 
comply with the requirements specified in paragraph (e)(3)(i) of this 
section and, if applicable, paragraph (e)(3)(ii) of this section.
    (i) The additional operating limits may be based on the results of 
the performance test and supplementary information such as engineering 
assessments and manufacturer's recommendations. These limits may be 
established for conditions as unique as emission episodes for 
individual process vessels that are manifolded to a common control 
device. You must provide rationale in the Precompliance report for the 
specific level for each operating limit, including any data and 
calculations used to develop the limit and a description of why the 
limit indicates proper operation of the control device. The procedures 
provided in this paragraph (e)(3)(i) have not been approved by the 
Administrator and determination of the operating limit using these 
procedures is subject to review and approval by the Administrator.
    (ii) If you elect to establish separate monitoring levels for 
different emission episodes from process vessels, you must maintain 
records in your daily schedule or log of operation indicating each 
point at which you change from one operating limit to another, even if 
the duration of the monitoring for an operating limit is less than 15 
minutes. You must maintain a daily schedule or log of operation 
according to Sec. 63.8080(a)(5).
    (f) Periodic verification. For a control device with total inlet 
HAP emissions less than 1 ton/yr, you must establish an operating 
limit(s) for a parameter(s) that you will measure and record at least 
once per averaging period (i.e., daily or block, as defined in 
Sec. 63.8035(a)(5) or (b)(3)) to verify that the control device is 
operating properly. You may elect to measure the same parameter(s) that 
is required for control devices that control inlet HAP emissions equal 
to or greater than 1 ton/yr as specified in Table 7 of this subpart. If 
the parameter will not be measured continuously, you must request 
approval of your proposed procedure in the Precompliance report. You 
must identify the operating limit(s) and the measurement frequency, and 
you must provide rationale to support how these measurements 
demonstrate the control device is operating properly.
    (g) Outlet concentration correction for supplemental gases--(1) 
Combustion devices. If you use a combustion device to comply with an 
outlet concentration emission limitation, you must correct the actual 
TOC, organic HAP, and hydrogen halide and halogen concentrations to 3 
percent oxygen if you add supplemental gases, as defined in 
Sec. 63.8105, to the vent stream or manifold. You must use the 
integrated sampling and analysis procedures of Method 3A 3B of 40 CFR 
part 60, appendix A, to determine the actual oxygen concentration 
(%02d). You must take samples during the same time that you 
take the TOC or total organic HAP or hydrogen halides and halogen 
samples. Use Equation 1 of this section to correct the concentration to 
3 percent oxygen (Cc):
[GRAPHIC] [TIFF OMITTED] TP04AP02.007

Where:

Cc = concentration of TOC or total organic HAP or hydrogen 
halide and halogen corrected to 3 percent oxygen, dry basis, ppmv;
Cm = total concentration of TOC or total organic HAP or 
hydrogen halide and halogen in vented gas stream, average of samples, 
dry basis, ppmv;
%02d = concentration of oxygen measured in vented gas 
stream, dry basis, percent by volume.

    (2) Noncombustion devices. If you use a control device other than a 
combustion device to comply with a TOC, organic HAP, or hydrogen halide 
outlet concentration emission limitation, you must correct the actual 
concentration for supplemental gases using Equation 2 of this section; 
you may use process knowledge and representative operating data to 
determine the fraction of the total flow due to supplemental gas:
[GRAPHIC] [TIFF OMITTED] TP04AP02.008

Where:

Ca = corrected outlet TOC, organic HAP, and hydrogen halides 
and halogens concentration, dry basis, ppmv;
Cm = actual TOC, organic HAP, and hydrogen halides and 
halogens concentration measured at control device outlet, dry basis, 
ppmv;
Qa = total volumetric flow rate of all gas streams vented to 
the control device, except supplemental gases;
Qs = total volumetric flow rate of supplemental gases.

    (h) Combination of process vessels with other vents. If other vents 
are manifolded with vents from process vessels, you must demonstrate 
initial compliance for the other vents either as part of the initial 
compliance demonstration for the process vessels, or you must conduct 
multiple demonstrations (one for the process vessels, and one or more 
for the other vents).


Sec. 63.8035  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) Each continuous emissions monitoring system (CEMS) must be 
installed, operated, and maintained according to the requirements in 
paragraphs (a)(1) through (6) of this section. For any CEMS meeting 
Performance Specification 8, you must also comply with Appendix F, 
procedure 1 of 40 CFR part 60.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable Performance Specification of 40 CFR part 60, appendix 
B and according to paragraph (a)(2) of this section, except as 
specified in paragraph (a)(1)(i) of this section.
    (i) If you wish to use a CEMS other than a fourier transform 
infrared spectroscopy (FTIR) meeting the requirements of Performance 
Specification 15 to measure hydrogen chloride (HCl) before we 
promulgate a Performance Specification for such CEMS, you must prepare 
a monitoring plan and submit it for approval in accordance with the 
procedures specified in Sec. 63.8.
    (ii) [Reserved].
    (2) You must determine the calibration gases and reporting units 
for TOC CEMS in accordance with paragraph (a)(2)(i), (ii), or (iii) of 
this section.
    (i) For CEMS meeting Performance Specification 9 or 15 
requirements, determine the target analyte(s) for calibration using 
either process knowledge of the control device inlet stream or the 
screening procedures of Method 18 on the control device inlet stream.

[[Page 16228]]

    (ii) For CEMS meeting Performance Specification 8 used to monitor 
performance of a combustion device, calibrate the instrument on the 
predominant HAP and report the results as carbon (C1), and 
use Method 25A, or any approved alternative as the reference method for 
the relative accuracy tests.
    (iii) For CEMS meeting Performance Specification 8 used to monitor 
performance of a noncombustion device, determine the predominant HAP 
using either process knowledge or the screening procedures of Method 18 
on the control device inlet stream, calibrate the monitor on the 
predominant HAP, and report the results as C1. Use Method 
18, ASTM D6420-99, or any approved alternative as the reference method 
for the relative accuracy tests, and report the results as carbon 
(C1).
    (3) You must conduct a performance evaluation of each CEMS 
according to the requirements in 40 CFR 63.8 and according to the 
applicable Performance Specification of 40 CFR part 60, appendix B, 
except as specified in paragraph (a)(3)(i) of this section.
    (i) If you have an existing source, the requirement in 
Sec. 63.8(e)(4) to conduct the performance evaluation not later than 
180 days after the compliance date does not apply for the purposes of 
this subpart. In this situation, you must conduct the performance 
evaluation for the CEMS prior to the compliance date, and you must 
submit the results to the Administrator in the Notification of 
Compliance Status.
    (ii) [Reserved].
    (4) As specified in Sec. 63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (5) The CEMS data must be reduced to operating day or operating 
block averages computed using valid data from at least 75 percent of 
the hours during the averaging period. To have a valid hour of data, 
you must have four or more data points equally spaced over the 1-hour 
period (or at least two data points during an hour when calibration, 
quality assurance, or maintenance activities are being performed). An 
operating block is a period of time from the beginning to end of a 
batch process. Operating block averages may be used only for batch 
processes.
    (6) If you add supplemental gases, you must correct the measured 
concentrations in accordance with Sec. 63.8030(g).
    (b) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to the requirements in 
paragraphs (b)(1) through (4) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
successive cycles of operation to have a valid hour of data.
    (2) Have valid data from at least 75 percent of the hours during 
the averaging period.
    (3) Determine the average of all recorded readings associated with 
each operating limit for each operating day or operating block. An 
operating block is a period of time that is equal to the time from the 
beginning to end of an operation in a process vessel.
    (4) Record the results of each inspection, calibration, and 
validation check.
    (c) For each temperature monitoring device, you must meet the 
requirements in paragraphs (b) and (c)(1) through (8) of this section.
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 deg. C or 0.75 percent of the 
temperature value, whichever is larger.
    (3) For a cryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 deg. C or 2 percent of the temperature 
value, whichever is larger.
    (4) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (5) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 11 deg. C.
    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 16.7 deg. C of the process temperature sensor's reading.
    (7) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (8) At least monthly, inspect all components for integrity and all 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) For each flow measurement device, you must meet the 
requirements in paragraphs (b) and (d)(1) through (5) of this section.
    (1) Locate the flow sensor and other necessary equipment such as 
straightening vanes in a position that provides a representative flow.
    (2) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (5) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (e) For each pressure measurement device, you must meet the 
requirements in paragraphs (b) and (e)(1) through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (f) For each pH measurement device, you must meet the requirements 
in paragraphs (b) and (f)(1) through (4) of this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (g) If flow to a control device could be intermittent, you must 
install, calibrate, and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.


Sec. 63.8040  How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission

[[Page 16229]]

limitation and work practice standard that applies to you according to 
Tables 9 through 14 of this subpart.
    (b) You must establish each site-specific operating limit in Table 
7 of this subpart that applies to you according to the requirements in 
Sec. 63.8030(d), (e), or (f).
    (c) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec. 63.8070(e).

Continuous Compliance Requirements


Sec. 63.8045  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You must not use data recorded during monitoring malfunctions, 
associated repairs, required quality assurance or control activities, 
and periods of no flow in data averages and calculations used to report 
emission or operating levels, nor may such data be used in fulfilling a 
minimum data availability requirement. You must use all of the data you 
collected during all other periods in assessing the operation of the 
control device and associated control system.


Sec. 63.8050  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limitation and work practice standard in Tables 1 through 7 of this 
subpart that applies to you according to methods specified in Tables 
15, 16, and 17 of this subpart.
    (b) You must report each instance in which you did not meet the 
requirements in Tables 15 and 16 of this subpart that apply to you. 
This includes periods of startup, shutdown and malfunction. You must 
also report each instance in which you did not meet the requirements in 
Table 17 of this subpart that apply to you. These instances are 
deviations from the emission limitations and work practice standards in 
this subpart. These deviations must be reported according to the 
requirements in Sec. 63.8075(d).
    (c) During periods of startup, shutdown, and malfunction, you must 
operate in accordance with the startup, shutdown, and malfunction plan.
    (d) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that 
occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the SSMP. The Administrator will 
determine whether deviations that occur during a period of startup, 
shutdown, or malfunction are violations, according to the provisions in 
Sec. 63.6(e).

Alternative Means of Compliance


Sec. 63.8055  How do I comply with the alternative standard?

    As an alternative to complying with the emission limitations and 
work practice standards for process vessels and storage tanks in Tables 
1 and 2 of this subpart, you may comply with the emission limitations 
in paragraph (a) of this section and demonstrate initial and continuous 
compliance in accordance with the requirements in paragraphs (b) and 
(c) of this section. Reporting and recordkeeping requirements are 
specified in Secs. 63.8075 and 63.8080.
    (a) Emission limitations and work practice standards. (1) You must 
route vent streams through a closed-vent system to a control device 
that reduces HAP emissions as specified in either paragraph (a)(1)(i) 
or (ii) of this section.
    (i) If you use a combustion control device, it must reduce HAP 
emissions as specified in paragraphs (a)(1)(i)(A), (B), and (C) of this 
section.
    (A) To an outlet TOC concentration of 20 ppmv or less.
    (B) To an outlet concentration of hydrogen halides and halogens of 
20 ppmv or less.
    (C) As an alternative to paragraph (a)(1)(i)(B) of this section, if 
you control halogenated vent streams emitted from a combustion device 
followed by a scrubber, you may reduce the hydrogen halides and 
halogens generated in the combustion device by 95 percent by 
weight in the scrubber and establish operating parameters for the 
scrubber in accordance with Table 7 of this subpart.
    (ii) If you use a noncombustion control device, it must reduce HAP 
emissions to an outlet total organic concentration of 50 ppmv or less, 
and an outlet concentration of hydrogen halides and halogens of 50 ppmv 
or less.
    (2) You must comply with the work practice standards for closed-
vent systems in Table 4 of this subpart.
    (b) Initial compliance requirements. You demonstrate initial 
compliance with the alternative standard if you comply with the 
requirements in paragraphs (b)(1) through (6) of this section.
    (1) Install and begin to operate and maintain each CEMS in 
accordance with paragraph (c) of this section no later than the date 3 
years after the effective date of this subpart.
    (2) Conduct a performance evaluation of the CEMS as specified in 
Sec. 63.8035(a)(3).
    (3) Submit the results of any determination of the target analytes 
or predominant HAP in the Notification of Compliance Status.
    (4) If you add supplemental gases to the vent stream or manifold, 
determine either the oxygen concentration (if you use a combustion 
device) or both the total vent stream and supplemental gas stream flow 
rates (if you use a noncombustion device), and calculate the ratio in 
Equation 1 or 2 of Sec. 63.8030 to use in correcting the measured 
concentrations for supplemental gases.
    (5) If you elect to comply with the requirement to reduce hydrogen 
halides and halogens by 95 percent by weight in paragraph 
(a)(1)(i)(C) of this section, you must demonstrate initial compliance 
by conducting a performance test and setting a site-specific operating 
limit(s) for the scrubber in accordance with Table 14 of this subpart. 
The applicable operating limits are specified in Table 7 of this 
subpart. You must submit the results of the initial compliance 
demonstration in the Notification of Compliance Status.
    (6) Comply with the requirements for closed-vent systems in entries 
(c) and (d) of Table 12 of this subpart.
    (c) Continuous compliance requirements. You demonstrate continuous 
compliance with the emission limitations in paragraph (a) of this 
section according to the requirements in paragraphs (c)(1) through (7) 
of this section.
    (1) Except as specified in paragraphs (c)(1)(iii) and (iv) of this 
section, you must install, operate, and maintain CEMS to measure TOC 
and total hydrogen halide and halogen concentrations in accordance with 
paragraphs (c)(1)(i) and (ii) of this section and in accordance with 
Sec. 63.8035(a)(1), (2), and (4), and you must reduce the CEMS data as 
specified in Sec. 63.8035(a)(5). If you add supplemental gases to the 
vent stream or manifold, you must correct measured concentrations for 
supplemental gases or monitor other operating parameters as specified 
in paragraph (c)(7) of this section. The reduced results must be below 
the concentration limits specified in paragraph (a) of this section.

[[Page 16230]]

    (i) Install CEMS to measure TOC in accordance with paragraph 
(c)(1)(i)(A) or (B) of this section.
    (A) For noncombustion devices, install a CEMS that meets 
Performance Specification 8, 9, or 15.
    (B) For combustion devices, install a CEMS that meets Performance 
Specification 8 and report the results as C1.
    (ii) Install CEMS to measure total hydrogen halide and halogen 
concentrations in accordance with paragraph (c)(1)(ii)(A) or (B) of 
this section:
    (A) Install a CEMS that meets Performance Specification 15 to 
measure HCl; or
    (B) If you wish to measure HCl using a CEMS for which we have not 
promulgated performance specifications, you must prepare a monitoring 
plan and submit it for approval in accordance with the procedures 
specified in Sec. 63.8.
    (iii) You do not need to monitor the hydrogen halide and halogen 
concentrations if, based on process knowledge, you determine that the 
emission stream does not contain hydrogen halides or halogens.
    (iv) If you elect to comply with the requirement to reduce hydrogen 
halides and halogens by 95 percent by weight in paragraph 
(a)(1)(i)(C) of this section, you must comply with the requirements in 
paragraphs (c)(1)(iv)(A) through (C) of this section.
    (A) Install, operate, and maintain CPMS for the scrubber as 
specified in Sec. 63.8035(b) through (f), as applicable.
    (B) Collect and reduce CPMS data for the scrubber in accordance 
with the requirements specified in entry 5., 6., or 7. of Table 16 of 
this subpart, as applicable.
    (C) Maintain the daily or block average CPMS levels within the 
ranges established during the initial performance test.
    (2) You must install, calibrate, and operate a flow indicator as 
specified in Sec. 63.8035(g).
    (3) You must monitor and collect data according to Sec. 63.8045(b) 
and (c).
    (4) You must demonstrate continuous compliance with the work 
practice standards for closed-vent systems as specified in entries (h) 
and (i) in Table 17 of this subpart.
    (5) You must report each deviation according to Sec. 63.8050(b).
    (6) You must comply with the startup, shutdown, and malfunction 
requirements in Sec. 63.8050(c) and (d).
    (7) Correction for supplemental gases. If you add supplemental 
gases to the vents or manifolds, you must either correct for 
supplemental gases as specified in Sec. 63.8030(g) or comply with the 
requirements of paragraph (c)(7)(i) or (ii) of this section. If you 
correct for supplemental gases as specified in Sec. 63.8030(g)(2) for 
noncombustion control devices, you must evaluate the flow rates as 
specified in paragraph (c)(7)(iii) of this section.
    (i) Provisions for combustion devices. As an alternative to 
correcting for supplemental gases as specified in Sec. 63.8030(g), you 
must monitor residence time and firebox temperature according to the 
requirements of paragraphs (c)(7)(i)(A) and (B) of this section. 
Monitoring of residence time may be accomplished by monitoring flowrate 
into the combustion chamber.
    (A) If complying with the alternative standard instead of complying 
with an emission limitation of 95 percent or less, you must maintain a 
minimum residence time of 0.5 seconds and a minimum combustion chamber 
temperature of 760 deg.C.
    (B) If complying with the alternative standard instead of complying 
with an emission limitation of 98 percent or less, you must maintain a 
minimum residence time of 0.75 seconds and a minimum combustion chamber 
temperature of 816 deg.C.
    (ii) Provisions for dense gas systems. As an alternative to 
correcting for supplemental gases as specified in Sec. 63.8030(g), for 
noncombustion devices used to control emissions from dense gas systems, 
as defined in Sec. 63.8105, you must monitor flowrate as specified in 
paragraphs (c)(7)(ii)(A) through (D) of this section.
    (A) Use Equation 1 of this section to calculate the system flowrate 
setpoint at which the average concentration is 5,000 ppmv TOC:
[GRAPHIC] [TIFF OMITTED] TP04AP02.009

Where:

Qset = system flowrate setpoint, scfm;
Ean = annual emissions entering the control device, lbmoles/
yr.

    (B) Annual emissions used in Equation 1 of this section must be 
based on the actual mass of organic compounds entering the control 
device, as calculated from the most representative emissions inventory 
data that you submitted within the 5 years before the Notification of 
Compliance Status is due. You must recalculate the system flowrate 
setpoint once every 5 years using the annual emissions from the most 
representative emissions inventory data submitted during the 5-year 
period after the previous calculation. Results of the initial 
calculation must be included in the Notification of Compliance Status, 
and recalculated values must be included in the next compliance report 
after each recalculation. For all calculations after the initial 
calculation, to use emissions inventory data calculated using 
procedures other than those specified in Sec. 63.1257(d), you must 
submit the emissions inventory data calculations and rationale for 
their use in the Precompliance report, Notification of Process Change 
report, or an application for a Part 70 permit renewal or revision.
    (C) In the Notification of Compliance Status, you may elect to 
establish both a maximum daily average operating flowrate limit above 
the flowrate setpoint and a reduced outlet concentration limit 
corresponding to this flowrate limit. You may also establish reduced 
outlet concentration limits for any daily average flowrates between the 
flowrate setpoint and the flowrate limit. The correlation between these 
elevated flowrates and the corresponding outlet concentration limits 
must be established using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP04AP02.010

Where:

Ca = adjusted outlet concentration limit, dry basis, ppmv;
50 = outlet concentration limit associated with the flowrate setpoint, 
dry basis, ppmv;
Qset = system flowrate setpoint, scfm;
Qlim = actual system flowrate limit, scfm.

    (D) You must install and operate a monitoring system for measuring 
system flowrate. The flowrate into the control device must be monitored 
and recorded at least once every hour. The system flowrate must be 
calculated as the average of all values measured during each 24-hour 
operating day. The flowrate monitoring sensor must have a minimum 
tolerance of 2 percent of the system flowrate setpoint, and the 
flowrate monitoring device must be calibrated at least semi-annually.
    (iii) Flow rate evaluation for noncombustion devices. To 
demonstrate continuous compliance with the requirement to correct for 
supplemental gases as specified in Sec. 63.8030(g)(2) for noncombustion 
devices, you must evaluate the volumetric flow rate of supplemental 
gases, Qs, and the volumetric flow rate of all gases, 
Qa, each time a new operating scenario is implemented based 
on process knowledge and representative operating data. The procedures 
used to evaluate the flow rates, and the resulting correction factor 
used in Equation 2 of

[[Page 16231]]

Sec. 63.8030, must be included in the Notification of Compliance Status 
and in the next compliance report submitted after an operating scenario 
change.


Sec. 63.8060  How do I conduct emissions averaging for process vessels?

    Emissions averaging is allowed for process mixing vessels only. For 
an existing source, you may elect to comply with the emission 
limitations for process mixing vessels in Tables 1 through 4 of this 
subpart by complying with the emission averaging provisions for storage 
tanks in Secs. 63.1250 through 63.1260.


Sec. 63.8065  How may I transfer wastewater to a treatment unit that I 
do not own or operate?

    (a) You may elect to transfer an affected wastewater stream or a 
residual removed from an affected wastewater stream to an on-site 
treatment operation that you do not own or operate, or to an off-site 
treatment operation, according to the requirements in Sec. 63.132(g), 
except as specified in paragraphs (a)(1) through (4) of this section.
    (1) If you send wastewater offsite for biological treatment, the 
waste management units up to the activated sludge unit must be covered, 
or you must demonstrate that less than 5 percent of the total HAP on 
list 1 in Sec. 63.145(h) is emitted from these units.
    (2) References in Sec. 63.132(g) to ``Group 1'' wastewater mean 
``affected'' wastewater for the purposes of this subpart.
    (3) The references in Sec. 63.132(g)(2) to ``Secs. 63.133 through 
63.147'' and in Sec. 63.132(g)(1)(ii) to ``provisions of this subpart'' 
(i.e., subpart G) refer to Secs. 63.8000 through 63.8050, 63.8075, and 
63.8080 for the purposes of this subpart.
    (4) The reference in Sec. 63.132(g)(2) to ``Sec. 63.102(b) of 
subpart F'' does not apply for the purposes of this subpart.
    (b) You must keep a record of the notice sent to the treatment 
operator stating that the wastewater stream or residual contains 
organic HAP which are required to be managed and treated in accordance 
with the provisions of this subpart.

Notification, Reports, and Records


Sec. 63.8070  What notifications must I submit and when?

    (a) You must submit all of the notifications in Secs. 63.6(h)(4) 
and (5), 63.7(b) and (c), 63.8(e), 63.8(f)(4) and (6), 63.9(b) through 
(h) that apply to you by the dates specified.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before the effective date of the subpart, you must submit an 
Initial Notification not later than 120 calendar days after the 
effective date of the subpart.
    (c) As specified in Sec. 63.9(b)(3), if you startup your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, or other initial compliance demonstration as specified in 
Tables 9 through 14 of this subpart, you must submit a Notification of 
Compliance Status according to the schedule in paragraphs (e)(1) and 
(2) of this section, and the Notification of Compliance Status must 
include the information specified in paragraph (e)(3) of this section.
    (1) For an existing source in operation on the effective date, you 
must submit the Notification of Compliance Status no later than the 
compliance date specified in Sec. 63.7995(b). For parts of an area 
source that become a major source and an existing affected source, you 
must submit the Notification of Compliance Status no later than the 
compliance date specified in Sec. 63.2445(d)(2).
    (2) If you have a new source, reconstructed source, or parts of a 
former area source that are a new source, you must submit the 
Notification of Compliance Status no later than 240 days after the 
applicable compliance date specified in Sec. 63.7995(a) or (d)(1).
    (3) The Notification of Compliance Status must include the 
information in paragraphs (e)(3)(i) through (viii) of this section.
    (i) The results of any applicability determinations, emission 
calculations, or analyses used to identify and quantify HAP emissions 
from the affected source.
    (ii) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, flare compliance assessments, 
inspections and repairs, and calculations used to demonstrate initial 
compliance according to Tables 9 through 14 of this subpart. For 
performance tests, results must include descriptions of sampling and 
analysis procedures and quality assurance procedures.
    (iii) Descriptions of monitoring devices, monitoring frequencies, 
and the operating limits established during the initial compliance 
demonstrations, including data and calculations to support the levels 
you establish.
    (iv) Listing of all operating scenarios.
    (v) Descriptions of worst-case operating and/or testing conditions 
for control devices.
    (vi) Identification of emission points subject to overlapping 
requirements described in Sec. 63.8057 and the authority under which 
you will comply.
    (vii) The information specified in Sec. 63.1039(a)(1) through (3) 
for each process subject to the work practice standards for equipment 
leaks in Table 4 of this subpart.
    (viii) If you are complying with the vapor balancing work practice 
standard for storage tanks, include a statement to that effect and a 
statement that the pressure vent setting on the storage tank is equal 
to or greater than 2.5 pounds per square inch gauge, as specified in 
Table 11 of this subpart.
    (f)(1) Except as specified in paragraph (f)(2) of this section, 
whenever you make a process change, or change any of the information 
submitted in the Notification of Compliance Status, you must submit a 
report quarterly. For the purposes of this section, a process change 
means the startup of a new process, as defined in Sec. 63.8105. You may 
submit the notification as part of the compliance report required under 
Sec. 63.8070(d). The notification must include all of the information 
in paragraphs (f)(1)(i) through (iv) of this section.
    (i) A brief description of the process change.
    (ii) A description of any modifications to standard procedures or 
quality assurance procedures.
    (iii) Revisions to any of the information reported in the original 
Notification of Compliance Status under paragraph (e) of this section.
    (iv) Information required by the Notification of Compliance Status 
under paragraph (e) of this section for changes involving the addition 
of processes or equipment.
    (2) You must submit a report 60 days before the scheduled 
implementation date of either of the changes identified in paragraphs 
(f)(2)(i) or (ii) of this section.
    (i) Any change in the activity covered by the Precompliance report.
    (ii) A change in the status of a control device from small to 
large.


Sec. 63.8075  What reports must I submit and when?

    (a) You must submit each report in Table 18 of this subpart that 
applies to you.

[[Page 16232]]

    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 18 of this subpart and according to the following.
    (1) The first Compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in 
Sec. 63.7995 and ending on June 30 or December 31, whichever date is 
the first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec. 63.7995.
    (2) The first Compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for 
your affected source in Sec. 63.7995.
    (3) Each subsequent Compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent Compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent Compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) Precompliance report. You must submit a Precompliance report to 
request approval of any of the information in paragraphs (c)(1) through 
(4) of this section. We will either approve or disapprove the report 
within 90 days after we receive it. If we disapprove the report, you 
must still be in compliance with the emission limitations and work 
practice standards in this subpart by the compliance date. To change 
any of the information submitted in the report, you must notify us 60 
days before the planned change is to be implemented.
    (1) Requests for approval to set operating limits for parameters 
other than those in Table 7 of this subpart, and for control devices 
and treatment units other than those in Table 7 of this subpart. 
Alternatively, you may make these requests according to Sec. 63.8(f).
    (2) Descriptions of daily or per batch demonstrations to verify 
that control devices subject to entry 8. on Table 7 of this subpart are 
operating as designed.
    (3) A description of the test conditions, data, calculations, and 
other information used to establish additional operating limits 
according to Sec. 63.8030(h)(3).
    (4) Data and rationale used to support an engineering assessment to 
calculate uncontrolled emissions from process vessels as required in 
Table 10 of this subpart.
    (d) Compliance report. The Compliance report must contain the 
information specified in paragraphs (d)(1) through (10) of this 
section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the Compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (5) The Compliance report must contain the information on 
deviations according to paragraphs (d)(5)(i), (ii), and (iii) of this 
section.
    (i) If there are no deviations from any emission limitations 
(emission limits and operating limits) that apply to you, and there are 
no deviations from the requirements for work practice standards in 
Table 17 of this subpart, include a statement that there were no 
deviations from the emission limitations or work practice standards 
during the reporting period.
    (ii) For each deviation from an emission limitation (emission 
limits and operating limits) and for each deviation from the 
requirements for work practice standards in Table 17 of this subpart 
that occurs at an affected source where you are not using a continuous 
monitoring system (CMS) to comply with the emission limitations or work 
practice standards in this subpart, you must include the information in 
paragraphs (e)(5)(ii)(A) through (C) of this section. This includes 
periods of startup, shutdown, and malfunction.
    (A) The total operating time of each affected source during the 
reporting period.
    (B) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (C) Operating logs and operating scenarios.
    (iii) For each deviation from an emission limitation (emission 
limits and operating limits) occurring at an affected source where you 
are using a CMS to comply with the emission limit in this subpart, you 
must include the information in paragraphs (d)(5)(iii)(A) through (N) 
of this section. This includes periods of startup, shutdown, and 
malfunction.
    (A) The date and time that each malfunction started and stopped.
    (B) The date and time that each CMS was inoperative, except for 
zero (low-level) and high-level checks.
    (C) The date, time, and duration that each CEMS was out-of-control, 
including the information in Sec. 63.8(c)(8).
    (D) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, 
or malfunction or during another period.
    (E) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (F) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (G) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent 
of the total source operating time during that reporting period.
    (H) An identification of each hazardous air pollutant that was 
monitored at the affected source.
    (I) A brief description of the process units.
    (J) A brief description of the CMS.
    (K) The date of the latest CMS certification or audit.
    (L) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (M) Operating logs and operating scenarios.
    (N) The operating day or operating block average values of 
monitored parameters.
    (6) If there were no periods during which the CMS (including CEMS 
and CPMS) was out-of-control as specified in Sec. 63.8(c)(7), a 
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
    (7) If you invoke the delay of repair provisions in Sec. 63.104(e) 
for heat exchange systems, you must include the

[[Page 16233]]

information in Sec. 63.104(f)(2)(i) through (iv) in your next 
compliance report. If the leak remains unrepaired, you must also submit 
the information in each subsequent compliance report until repair of 
the leak is reported.
    (8) Include the information in paragraphs (d)(8)(i) through (iii), 
as applicable, for storage tanks subject to the emission limitations 
and work practice standards in Table 3 of this subpart.
    (i) For each storage tank subject to control requirements, include 
periods of planned routine maintenance during which the control device 
does not comply with the emission limitation in Table 3 of this 
subpart.
    (ii) For each storage tank controlled with a floating roof, include 
a copy of the inspection record (required in Sec. 63.1065) when 
inspection failures occur.
    (iii) If you elect to use an extension for a floating roof 
inspection in accordance with Sec. 63.1063(c)(2)(iv)(B) or (e)(2), 
include the documentation required by Sec. 63.1063 (c)(2)(iv)(B) or 
(e)(2).
    (9) Include each new operating scenario which has been operated 
since the time period covered by the last compliance report. For each 
new operating scenario, you must provide verification that the 
operating conditions for any associated control or treatment device 
have not been exceeded and that any required calculations and 
engineering analyses have been performed. For the initial compliance 
report, each operating scenario operated since the compliance date must 
be submitted.
    (10) Include the information specified in Sec. 63.1039(b)(1) 
through (8) for equipment subject to the work practice standards for 
equipment leaks in Table 4 of this subpart.
    (e) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a Compliance report pursuant to Table 18 of this subpart 
along with, or as part of, the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the 
Compliance report includes all required information concerning 
deviations from any emission limitation (including any operating 
limit), or work practice standard in this subpart, submission of the 
compliance report shall be deemed to satisfy any obligation to report 
the same deviations in the semiannual monitoring report. However, 
submission of a Compliance report shall not otherwise affect any 
obligation the affected source may have to report deviations from 
permit requirements to the permit authority.


Sec. 63.8080  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) 
through (10) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests and performance evaluations as 
required in Sec. 63.10(b)(2)(viii).
    (4) Records specified in Sec. 63.1038(b) and (c) for equipment 
subject to the work practice standards for equipment leaks in Table 4 
of this subpart.
    (5) Daily schedule or log of each operating scenario.
    (6) The information specified in paragraphs (a)(6)(i) and (ii) for 
process vessels in compliance with the percent reduction emission 
limitation in Table 1 of this subpart.
    (i) Records of whether each batch operated was considered a 
standard batch.
    (ii) The actual uncontrolled and controlled emissions for each 
batch that is considered to be a non-standard batch.
    (7) Records of planned routine maintenance for control devices used 
to comply with the percent reduction emission limitations for storage 
tanks in Table 3 of this subpart.
    (8) The maintenance wastewater plan required in Table 9 of this 
subpart.
    (9) A record of each time a safety device is opened to avoid unsafe 
conditions in accordance with Sec. 63.8000(c).
    (10) Records of the results of each CPMS calibration, validation 
check, and inspection required by Sec. 63.8035(c)(6) through (8), 
(d)(4) and (5), (e)(4) through (7), and (f)(3) and (4).
    (b) For each CEMS, you must keep the records specified in 
paragraphs (b)(1) through (4) of this section.
    (1) Records described in Sec. 63.10(b)(2)(vi)-(xi).
    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec. 63.8(d)(3).
    (3) Request for alternatives to relative accuracy test for CEMS as 
required in Sec. 63.8(f)(6)(i).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Tables 15, 16, and 17 of 
this subpart to show continuous compliance with each emission 
limitation and work practice standard that applies to you.


Sec. 63.8085  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record according to Sec. 63.10(b)(1). You can keep 
the records offsite for the remaining 3 years.

Other Requirements and Information


Sec. 63.8090  What compliance options do I have if part of my plant is 
subject to both this subpart and another subpart?

    (a) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (1) After the compliance dates specified in Sec. 63.7995, if a 
control device that you use to comply with this subpart is also subject 
to monitoring, recordkeeping, and reporting requirements in 40 CFR part 
264, subpart AA, BB, or CC; or the monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC; and you comply 
with the periodic reporting requirements under 40 CFR part 264, subpart 
AA, BB, or CC that would apply to the device if your facility had 
final-permitted status, you may elect to comply either with the 
monitoring, recordkeeping, and reporting requirements of this subpart; 
or with the monitoring and recordkeeping requirements in 40 CFR part 
264 or 265 and the reporting requirements in 40 CFR part 264, as 
described in this paragraph, which constitute compliance with the 
monitoring, recordkeeping, and reporting requirements of this subpart. 
If you elect to comply with the monitoring, recordkeeping, and 
reporting requirements in 40 CFR parts 264 and/or 265, you must report 
the information required for the compliance report in Sec. 63.8075, and 
you must

[[Page 16234]]

identify in the Notification of Compliance Status required by 
Sec. 63.8070 the monitoring, recordkeeping, and reporting authority 
under which you will comply.
    (2) After the compliance dates specified in this section, if any 
equipment at an affected source that is subject to this subpart is also 
subject to 40 CFR part 264, subpart BB or to 40 CFR part 265, subpart 
BB, then compliance with the recordkeeping and reporting requirements 
of 40 CFR part 264 and/or 265 may be used to comply with the 
recordkeeping and reporting requirements of Sec. 63.1255, to the extent 
that the requirements of 40 CFR part 264 and/or 265 duplicate the 
requirements of this subpart. You must identify in the Notification of 
Compliance Status required by Sec. 63.8070 if you will comply with the 
recordkeeping and reporting authority under 40 CFR part 264 and/or 265.
    (b) Compliance with 40 CFR part 60, subpart Kb. After the 
compliance dates specified in Sec. 63.7995, you are in compliance with 
this subpart HHHHH for any storage tank that is assigned to 
miscellaneous coating manufacturing operations and that is both 
controlled with a floating roof and in compliance with the provisions 
of 40 CFR part 60, subpart Kb. You are in compliance with this subpart 
HHHHH if you have a storage tank with a fixed roof, closed-vent system, 
and control device in compliance with 40 CFR part 60, subpart Kb, you 
must comply with the monitoring, recordkeeping, and reporting 
requirements in this subpart HHHHH. You must also identify in your 
Notification of Compliance Status required by Sec. 63.8070 which 
storage tanks are in compliance with 40 CFR 60 part 60, subpart Kb.
    (c) Compliance with other regulations for wastewater. After the 
compliance dates specified in Sec. 63.7995, if you have an affected 
wastewater stream that is also subject to provisions in 40 CFR parts 
260 through 272, you may elect to determine whether this subpart or 40 
CFR parts 260 through 272 contain the more stringent control 
requirements (e.g., design, operation, and inspection requirements for 
waste management units; numerical treatment standards; etc.) and the 
more stringent testing, monitoring, recordkeeping, and reporting 
requirements. Compliance with provisions of 40 CFR parts 260 through 
272 that are determined to be more stringent than the requirements of 
this subpart constitutes compliance with this subpart. For example, 
provisions of 40 CFR parts 260 through 272 for treatment units that 
meet the conditions specified in Sec. 63.138(h) constitute compliance 
with this subpart. In the Notification of Compliance Status required by 
Sec. 63.8070, you must identify the more stringent provisions of 40 CFR 
parts 260 through 272 with which you will comply. You must also 
identify in the Notification of Compliance Status required by 
Sec. 63.8070 the information and procedures that you used to make any 
stringency determinations. If you do not elect to determine the more 
stringent requirements, you must comply with both the provisions of 40 
CFR parts 260 through 272 and the provisions of this subpart.


Sec. 63.8095  What parts of the General Provisions apply to me?

    Table 19 of this subpart shows which parts of the General 
Provisions in Secs. 63.1 through 63.15 apply to you.


Sec. 63.8100  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the US EPA, 
or a delegated authority such as your State, local, or tribal agency. 
If the US EPA Administrator has delegated authority to your State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. You should contact your US EPA 
Regional Office to find out if this subpart is delegated to your State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of US EPA and are not 
delegated to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as follows:
    (1) Approval of alternatives to the non-opacity emission 
limitations and work practice standards in Sec. 63.8000(a) under 
Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.8105  What definitions apply to this subpart?

    (a) The following terms used in this subpart and referenced 
subparts are defined in Secs. 63.101, 63.111, 63.1020, 63.1601, and 
63.1251 as specified after each term:

Actual HAP emissions (Sec. 63.1251)
Air pollution control device (or control device) (Sec. 63.1251)
Annual average concentration (Sec. 63.111)
Block (Sec. 63.1251)
Boiler (Sec. 63.111)
Car seal (Sec. 63.111)
Cleaning operation (Sec. 63.1251)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Connector (Sec. 63.1020)
Container (Sec. 63.111)
Cover (Sec. 63.111)
Dense gas system (Sec. 63.1251)
Double block and bleed system (Sec. 63.1020)
Duct work (Sec. 63.111)
Enhanced biological treatment system (Sec. 63.111)
External floating roof (EFR) (Sec. 63.1601)
Fixed roof (Sec. 63.1251)
Flexible fabric sleeve seal (Sec. 63.1061)
Floating roof (Sec. 63.1061)
Flow indicator (Sec. 63.111)
Halogenated vent stream (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hydrogen halides and halogens (Sec. 63.1251)
In gas and vapor service (Sec. 63.1020)
In heavy liquid service (Sec. 63.1020)
In light liquid service (Sec. 63.1020)
In liquid service (Sec. 63.1020)
In organic hazardous air pollutant (HAP) service (Sec. 63.1020)
In vacuum service (Sec. 63.1020)
Individual drain system (Sec. 63.111)
Initial fill or initial filling (Sec. 63.1061)
Instrumentation system (Sec. 63.1020)
Internal floating roof (Sec. 63.1061)
Junction box (Sec. 63.111)
Liquid-mounted seal (Sec. 63.1061)
Liquids dripping (Sec. 63.1020)
Mechanical shoe seal or metallic shoe (Sec. 63.1061)
Nonrepairable (Sec. 63.1020)
Oil-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.1020)
Point of determination (Sec. 63.111)
Pressure relief device or valve (Sec. 63.1020)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Repaired (Sec. 63.1020)
Residual (Sec. 63.111)
Safety device (Sec. 63.1251)
Screwed (threaded) connector (Sec. 63.1020)
Sewer line (Sec. 63.111)
Surface impoundment (Sec. 63.111)
System flowrate (Sec. 63.1251)
Table 9 compound (Sec. 63.111)
Total organic compounds (TOC) (Sec. 63.1251)
Treatment process (Sec. 63.111)
Uncontrolled HAP emissions (Sec. 63.1251)
Vapor-mounted seal (Sec. 63.1061)
Wastewater tank (Sec. 63.111)
Water seal controls (Sec. 63.111)

    (b) All terms used in this subpart and referenced subparts that are 
not listed in

[[Page 16235]]

paragraph (a) of this section are defined in the CAA, in 40 CFR 63.2, 
the General Provisions of this part, and in this section as follows:
    Bulk loading means the loading, into a tank truck or rail car, of 
liquid coating products that contain one or more of the organic HAP, as 
defined in section 112 of the CAA, from a loading rack. A loading rack 
is the system used to fill tank trucks and railcars at a single 
geographic site.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from 
the treatment process are routed to a control device by means of a 
closed-vent system or by means of hard-piping. The tank or surface 
impoundment has a fixed roof, as defined in Sec. 63.1251, or a floating 
flexible membrane cover that meets the requirements specified in 
Sec. 63.134.
    Construction means the onsite fabrication, erection, or 
installation of an affected source. Addition of new equipment to an 
affected source does not constitute construction, but it may constitute 
reconstruction of the affected source if it satisfies the definition of 
reconstruction in Sec. 63.2.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation 
(including any operating limit) or work practice standard;
    (2) fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless or whether or not such failure is 
permitted by this subpart.
    Emission limitation means any emission limit or operating limit.
    Large control device means a control device that controls total HAP 
emissions of greater than or equal to 10 tons/yr, before control.
    Maintenance wastewater means wastewater generated by the draining 
of process fluid from components in the miscellaneous coating 
manufacturing operations into an individual drain system in preparation 
for or during maintenance activities. Maintenance wastewater can be 
generated during planned and unplanned shutdowns and during periods not 
associated with a shutdown. Examples of activities that can generate 
maintenance wastewater include descaling of heat exchanger tubing 
bundles, cleaning of distillation column traps, draining of pumps into 
an individual drain system, and draining of portions of the process 
equipment for repair. Wastewater from cleaning operations is not 
considered maintenance wastewater.
    Mixing means an operation in which a material is combined with one 
or more materials at ambient temperature without a chemical reaction.
    Open biological treatment process means a biological treatment 
process that is not a closed biological treatment process as defined in 
this section.
    Operating scenario means for the purposes of reporting and 
recordkeeping, any specific operation of process vessels and associated 
equipment used to produce a specific family of coatings and includes 
for the production of each family of coatings:
    (1) A description of the process and the type of process equipment 
used;
    (2) An identification of related process vessel vents and their 
associated emissions episodes and durations, wastewater point of 
determination (POD), and storage tanks;
    (3) The applicable control requirements of this subpart, including 
the level of required control, and for vents, the level of control for 
each vent;
    (4) The control or treatment devices used, as applicable, including 
a description of operating and/or testing conditions for any associated 
control device;
    (5) The vents from process vessels, wastewater POD, and storage 
tanks (including those from other processes) that are simultaneously 
routed to the control or treatment device(s);
    (6) The applicable monitoring requirements of this subpart and any 
parametric level that assures compliance for all emissions routed to 
the control or treatment device;
    (7) Calculations and engineering analyses required to demonstrate 
compliance; and
    (8) For reporting purposes, a change to any of these elements not 
previously reported, except for paragraph (5) of this definition, 
constitutes a new operating scenario.
    Predominant HAP means, as used in calibrating an analyzer, the 
single organic HAP that constitutes the largest percentage of the total 
HAP in the analyzed gas stream, by volume.
    Process means all of the equipment which collectively function to 
produce a family of coatings. A process may consist of one or more 
mixing vessels. Nondedicated solvent recovery operations located within 
a contiguous area within the affected source are considered single 
processes.
    Process vessel vent means a vent from a mixing vessel or vents from 
multiple mixing vessels that are manifolded together into a common 
header, through which a HAP-containing gas stream is, or has the 
potential to be, released to the atmosphere. Emission streams that are 
undiluted and uncontrolled containing less than 50 ppmv HAP, as 
determined through process knowledge that no HAP are present in the 
emission stream or using an engineering assessment as discussed in 
Sec. 63.1257(d)(2)(ii), test data using Methods 18 of 40 CFR part 60, 
appendix A, or any other test method that has been validated according 
to the procedures in Method 301 of appendix A of this part, are not 
considered process vessel vents. Process vessel vents do not include 
vents on storage tanks, wastewater emission sources, or pieces of 
equipment subject to the emission limitations and work practice 
standards in entry 1. of Table 4 of this subpart.
    Recovery device means an individual unit of equipment used for the 
purpose of recovering chemicals for fuel value (i.e., net positive 
heating value), use, reuse, or for sale for fuel value, use or reuse. 
Examples of equipment that may be recovery devices include absorbers, 
carbon adsorbers, condensers, oil-water separators or organic-water 
separators, or organic removal devices such as decanters, strippers, or 
thin-film evaporation units. To be a recovery device for a wastewater 
stream, a decanter and any other equipment based on the operating 
principle of gravity separation must receive only two-phase liquid 
streams.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Shutdown means the cessation of operation of an affected source, 
any process vessels within an affected source, or equipment required or 
used to comply with this subpart as a result of a malfunction or for 
replacement of equipment, repair, or any other purpose not excluded 
from this definition. Shutdown also applies to the emptying and 
degassing of storage tanks. Shutdown does not apply to the cessation of 
production of a particular coating at the end of a campaign, for 
routine maintenance, for rinsing or washing of equipment between 
batches, or other routine operations.
    Small control device means a control device that controls total HAP 
emissions of less than 10 tons/yr, before control.

[[Page 16236]]

    Standard batch means a batch process operated within a range of 
operating conditions that are documented in an operating scenario. 
Emissions from a standard batch are based on the operating conditions 
that result in highest emissions. The standard batch defines the 
uncontrolled and controlled emissions for each emission episode defined 
under the operating scenario.
    Startup means the setting in operation of a new or reconstructed 
affected source. For new equipment added to an affected source, 
including equipment used to comply with this subpart, startup means the 
first time the equipment is put into operation. Startup also means the 
first time a new family of coatings is produced in existing equipment. 
Startup does not apply to the first time equipment is put into 
operation at the start of a campaign to produce a family of coatings 
that has been produced in the past, after a shutdown for maintenance, 
or at the beginning of each batch within a campaign.
    Storage tank means a tank or other vessel that is used to store 
organic liquids that contain one or more HAP as raw material 
feedstocks. Storage tank also means a tank or other vessel in a tank 
farm that receives and accumulates used solvent from multiple batches 
of a process or processes for purposes of solvent recovery. The 
following are not considered storage tanks for the purposes of this 
subpart:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels storing organic liquids that contain HAP only as 
impurities;
    (4) Wastewater storage tanks; and
    (5) Process vessels.
    Supplemental gases are any gaseous streams that are not defined as 
process vents, or closed-vent systems from wastewater management and 
treatment units, storage tanks, or equipment components and that 
contain less than 50 ppmv TOC, as determined through process knowledge, 
that are introduced into vent streams or manifolds. Air required to 
operate combustion device burner(s) is not considered supplemental gas.
    Total organic compounds or (TOC) means the total gaseous organic 
compounds (minus methane and ethane) in a vent stream, with the 
concentrations expressed on a carbon basis.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater 
streams or residuals. Examples of waste management units include 
wastewater tanks, air flotation units, surface impoundments, 
containers, oil-water or organic-water separators, individual drain 
systems, biological wastewater treatment units, waste incinerators, and 
organic removal devices such as steam and air stripper units, and thin 
film evaporation units. If such equipment is used for recovery then it 
is part of the miscellaneous coating manufacturing operations and is 
not a waste management unit.
    Wastewater stream means organic HAP-containing water, raw material, 
intermediate, product, by-product, or waste material that is discarded 
from miscellaneous coating manufacturing operations through a single 
POD, and that contains an annual average concentration of Table 9 
compounds (as defined in Sec. 63.111) of at least 2,000 ppmw at any 
flow rate. For the purposes of this subpart, noncontact cooling water 
is not considered a wastewater stream.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

Tables to Subpart HHHHH of Part 63

    As required in Sec. 63.8000(a)(1) and (e), you must meet each 
emission limitation and work practice standard in the following table 
that applies to your process vessels:

         Table 1 to Subpart HHHHH.--Emission Limitations and Work Practice Standards for Process Vessels
----------------------------------------------------------------------------------------------------------------
            For each * * *                     At * * *              You must * * *         Or you must * * *
----------------------------------------------------------------------------------------------------------------
1. Portable process vessel >250 gal..  An existing source.....  Equip the vessel with a  Non applicable.
                                                                 cover or lid that must
                                                                 be in place at all
                                                                 times when the vessel
                                                                 contains a HAP.

[[Page 16237]]

 
2. Stationary process vessel >250 gal  An existing source.....  Equip the vessel with a  Equip the vessel with a
                                                                 tightly fitting vented   tightly-fitting vented
                                                                 cover or lid that must   cover or lid that must
                                                                 be closed at all times   be closed at all times
                                                                 when the vessel          when the vessel
                                                                 contains a HAP; and      contains a HAP; and
                                                                 route emissions from     route emissions from
                                                                 the vented cover or      the vented cover or
                                                                 lid through a closed-    lid through a closed-
                                                                 vent system to any of    vent system to a
                                                                 the following: a         condenser that reduces
                                                                 control device that      the outlet gas
                                                                 reduces HAP emissions    temperature to: 10
                                                                 by 75         deg.C if the process
                                                                 percent by weight; or    vessels contains HAP
                                                                 a control device that    with a partial
                                                                 reduces emissions to     pressure 0.7 kPa; or 2
                                                                 an outlet total          deg.C if the process
                                                                 organic HAP or TOC       vessel contains HAP
                                                                 concentration 20 ppmv and an        pressure 0.7 kPa and 17.2
                                                                 and halogen              kpa; or -5 deg.C if
                                                                 concentration 20 ppmv, both         contains HAP with a
                                                                 corrected for            partial pressure 17.2 kpa; and
                                                                 specified in Sec.        determine partial
                                                                 63.8030(g), or a flare   pressures at 25 deg.C;
                                                                 that meets the           and comply with the
                                                                 performance              work practice
                                                                 requirements in Sec.     standards for closed-
                                                                 63.11(b), but you may    vent systems specified
                                                                 not use a flare to       in Table 4 of this
                                                                 control halogenated      subpart.
                                                                 vent streams; or a
                                                                 control device
                                                                 specified in Sec.
                                                                 63.8010(f); and Comply
                                                                 with the work practice
                                                                 standards for closed-
                                                                 vent systems specified
                                                                 in Table 4 of this
                                                                 subpart; and comply
                                                                 with the emission
                                                                 limitations in Table 8
                                                                 of this subpart if you
                                                                 use a combustion
                                                                 device to control
                                                                 halogenated vent
                                                                 streams. Determine
                                                                 whether a vent stream
                                                                 is halogenated
                                                                 according to Sec.
                                                                 63.8015.

[[Page 16238]]

 
3. Portable and stationary process     A new or reconstructed   Equip the vessel with a  Equip the vessel with a
 vessel >250 gal.                       source.                  tightly fitting vented   tightly-fitting vented
                                                                 cover or lid that must   cover or lid that must
                                                                 be closed at all times   be closed at all times
                                                                 when the vessel          when the vessel
                                                                 contains a HAP; and      contains a HAP; and
                                                                 route emissions from     route emissions from
                                                                 the vented cover or      the vented cover or
                                                                 lid through a closed-    lid through a closed-
                                                                 vent system to any of    vent system to a
                                                                 the following: a         condenser that reduces
                                                                 control device that      the outlet gas
                                                                 reduces HAP emissions    temperature to: -4
                                                                 by 95         deg.C if the process
                                                                 percent by weight; or    vessels contains HAP
                                                                 a control device that    with a partial
                                                                 reduces emissions to     pressure 0.7 kPa; or -
                                                                 an outlet total          20 deg.C if the
                                                                 organic HAP or TOC       process vessel
                                                                 concentration 20 ppmv and an        partial pressure 0.7 kpa and
                                                                 and halogen              17.2 kpa; or -30 deg.C
                                                                 concentration 20 ppmv, both         contains HAP with a
                                                                 corrected for            partial pressure 17.2 kpa; and
                                                                 specified in Sec.        determine partial
                                                                 63.8030(j); or a flare   pressures at 25 deg.C;
                                                                 that meets the           and comply with the
                                                                 performance              work practice
                                                                 requirements in Sec.     standards for closed-
                                                                 63.11(b), but you may    vent systems specified
                                                                 not use a flare to       in Table 4 of this
                                                                 control halogenated      subpart.
                                                                 vent streams; or a
                                                                 control device
                                                                 specified in Sec.
                                                                 63.8010(f); and Comply
                                                                 with the work practice
                                                                 standards for closed-
                                                                 vent systems specified
                                                                 in Table 4 of this
                                                                 subpart; and comply
                                                                 with the emission
                                                                 limitations in Table 6
                                                                 of this subpart, if
                                                                 you use a combustion
                                                                 device to control
                                                                 halogenated vent
                                                                 streams. Determine
                                                                 whether a vent stream
                                                                 is halogenated
                                                                 according to Sec.
                                                                 63.8015.
----------------------------------------------------------------------------------------------------------------

    As required in Sec. 63.8000(a)(2) and (e) and 63.8020, you must 
meet each emission limitation and work practice standard in the 
following table that applies to your wastewater streams, waste 
management units, and liquid streams in open systems within 
miscellaneous coating manufacturing operations:

    Table 2 to Subpart HHHHH.--Emission Limitations and Work Practice
  Standards for Wastewater Streams, Waste Management Units, and Liquid
 Streams in Open Systems Within the Miscellaneous Coating Manufacturing
                               Operations
------------------------------------------------------------------------
                                                      According to the
       For each * * *            You must * * *        following * * *
------------------------------------------------------------------------
1. Waste management unit      a. Suppress           For any halogenated
 (i.e., wastewater tank,       emissions of HAP      vent streams that
 surface impoundment,          listed on Table 9     are controlled with
 container, individual drain   of subpart G by       a combustion
 system, and oil-water         complying with the    device, also comply
 separator) used to convey,    requirements          with the emissions
 store, treat, or dispose of   specified in Sec.     limitations in
 an affected wastewater        63.132(a)(2)(i) and   Table 6 of this
 stream.                       63.133 through        subpart. Determine
                               63.137, and           whether a vent
                              b. Route vent          stream is
                               streams from the      halogenated
                               waste management      according to Sec.
                               units through a       63.8015; and you
                               closed-vent system    must correct outlet
                               to any of the         concentrations to
                               following: a flare    account for
                               that meets the        supplemental gases
                               performance           using the
                               requirements of       procedures
                               Sec.  63.11(b),       specified in Sec.
                               except that you may   63.8030(g); and you
                               not qent a            may not comply with
                               halogenated vent      the outlet
                               stream to a flare;    concentration
                               or a control device   standard for
                               that reduces HAP      surface
                               emission by 95 percent by      containers.
                               weight; or a
                               control device that
                               reduces emissions
                               to an outlet total
                               organic HAP or TOC
                               concentration 20 ppmv; or
                               a combustion device
                               with a minimum
                               residence time of
                               0.5 seconds at a
                               minimum temperature
                               of 760 deg. C; or a
                               control device
                               specified in Sec.
                               63.8010(f); and
                               comply with the
                               work practice
                               standards for
                               closed-vent systems
                               specified in Table
                               4 of this subpart.

[[Page 16239]]

 
2. Affected wastewater        a. Treat the          i. The treatment
 stream.                       wastewater to         options may be used
                               remove or destroy     in combination for
                               organic HAP           different
                               compounds using one   wastewater streams
                               of the treatment      and/or for
                               options specified     different compounds
                               in Sec.               in the same
                               63.138(b)(1), (d),    wastewater streams,
                               (e), (f), (g), or     except where
                               (h) of subpart Ga.    otherwise provided
                                                     in Sec.  63.138.
                                                    ii. You may use a
                                                     series of treatment
                                                     processes in
                                                     accordance with the
                                                     provisions in Sec.
                                                     63.138(a)(7).
                                                    iii. You need not
                                                     cover and vent an
                                                     open biological
                                                     treatment process
                                                     to a control
                                                     device.
3. Residual removed from an   Control HAP           Non applicable.
 affected wastewater stream.   emissions by
                               complying with the
                               provisions in entry
                               1. in this table
                               and in Sec.
                               63.138(k).
4. Maintenance wastewater     Develop and           Non applicable.
 stream containing HAP         implement a
 listed on Table 9 of          maintenance
 subpart G of this part.       wastewater plan
                               according to Sec.
                               63.105.
5. Liquid stream in an open   Comply with the       You must determine
 system within the             requirements in       the concentration
 miscellaneous coating         Table 35 of subpart   of the stream being
 manufacturing operations.     G for each item of    received by a tank
                               equipment that is:    at the inlet to the
                               b a drain, drain      tank, and you must
                               hub, manhole, lift    use the procedures
                               station, trench,      in Sec.  63.144(b).
                               pipe, or oil-water
                               separator that
                               conveys water with
                               a total annual
                               average
                               concentration of
                               compounds listed on
                               Table 9 of subpart
                               G 4,000
                               ppmw at any flow
                               rate at an existing
                               source, or 2,000 ppmw at
                               any flow rate at a
                               new or
                               reconstructed
                               source; or a tank
                               that receives one
                               or more streams
                               that contain water
                               with a total annual
                               average
                               concentration of
                               compounds listed on
                               Table 9 of subpart
                               G of this part 4,000 ppmw
                               at any flow rate at
                               an existing source
                               or 2,000
                               ppmw at any flow
                               rate at a new
                               source.
------------------------------------------------------------------------
a The references to ``Group 1'' streams in Sec.  63.138 mean wastewater
  streams with a ``Table 9'' HAP concentration 4,000 ppmw at
  existing sources and 2,000 ppmw at new sources for the
  purposes of this subpart. References to ``Table 8'' compounds do not
  apply for the purposes of this rule.
b References in Sec.  63.149 to fuel gas systems do not apply for the
  purposes of this subpart. When Sec.  63.149 refers to Sec.  63.139(c),
  references to entry 1.b. in this table apply for the purposes of this
  subpart.

    As required in Sec. 63.8000(a)(3), (e), and (h), you must meet each 
emission limitation and work practice standard in the following table 
that applies to your storage tanks:

          Table 3 to Subpart HHHHH.--Emission Limitations and Work Practice Standards for Storage Tanks
----------------------------------------------------------------------------------------------------------------
            For each * * *                     At * * *              You must * * *         Or you must * * *
----------------------------------------------------------------------------------------------------------------
1. Storage tank 20,000 gal  An existing source.....  Route emissions through  Operate and maintain
 storing material that has a maximum                             a closed-vent system     either an internal
 true vapor pressure of total HAP 1.9 psia.                                                device that reduces      external floating roof
                                                                 organic HAP emissions    designed, operated,
                                                                 by 90         inspected, and
                                                                 percent by weight; or    repaired as specified
                                                                 a control device that    in Sec.  63.1063(a)
                                                                 reduces emisisons to     through (e); or vapor
                                                                 an outlet total          balance according to
                                                                 organic HAP or TOC       Sec.  63.1253(f),
                                                                 concentration less       except that: the
                                                                 than or equal to 20      references to Secs.
                                                                 ppmv and an outlet       63.1255(g)(4)(i)
                                                                 hydrogen halide and      through (iv),
                                                                 halogen concentraction   63.1257(c), 63.1258,
                                                                 less than or equal to    63.1259, and 63.1260
                                                                 20 ppmv; or a flare      refer to Sec.
                                                                 that meets the           63.1024(f)(1) through
                                                                 performance              (3), Table 12 of this
                                                                 requirements specified   subpart, Table 17 of
                                                                 in Sec.  63.11(b); or    this subpart, Sec.
                                                                 a control device         63.8080, and Sec.
                                                                 specified in Sec.        63.8075, respectively;
                                                                 63.8010(f); and Comply   and the 90 percent
                                                                 with the work practice   control requirement in
                                                                 standards for closed-    Sec.  63.1253(f)(6)(i)
                                                                 vent systems specified   means 95 percent for
                                                                 in Table 4 of this       the purposes of this
                                                                 subpart.                 subpart.

[[Page 16240]]

 
2. Storage tank tank that meets        A new or reconstructed   Route emissions through  Operate and maintain
 either of the following criteria:      source.                  a closed-vent system     either an internal
 25,000 gal storing                                   to either: a control     floating roof or an
 material that has a maximum true                                device that reduces      external floating roof
 vapor pressure of total HAP 01.1 psia; or 20,000                              by 90         inspected, and
 gal to 25,000 gal storing material                              percent by weight; or    repaired as specified
 that has a maximum true vapor                                   a flare that meets the   in Sec.  63.1063(a)
 pressoure of total HAP total HAP 1.5 psia.                                                requirements specified   balance according to
                                                                 in Sec.  63.11(b); or    Sec.  63.1253(f).
                                                                 a control device
                                                                 specified in Sec.
                                                                 63.8010(f); and comply
                                                                 with the work practice
                                                                 standards for closed-
                                                                 vent systems specified
                                                                 in Table 4 of this
                                                                 subpart.
----------------------------------------------------------------------------------------------------------------

    As required in Secs. 63.8000(a)(4) and (e) and 63.8055(a)(3), you 
must meet each work practice standard in the following table that 
applies to your equipment leaks, closed-vent systems, and heat exchange 
systems:

 Table 4 to Subpart HHHHH.--Work Practice Standards for Equipment Leaks,
             Closed-Vent Systems, and Heat Exchange Systems
------------------------------------------------------------------------
             For each * * *                       You must * * *
------------------------------------------------------------------------
1. Piece of equipment that is in         Comply with the provisions in
 organic HAP service and is not           Secs.  63.1022 and 63.1024
 described in Sec.  63.1019(c) through    through 63.1037 (except Sec.
 (e).                                     63.1022(b)(5)).
2. Piece of equipment that is in         Identify the equipment as
 organic HAP service 300 hr/yr.           specified in Sec.
                                          63.1022(b)(5).
3. Closed-vent system that is used to    Conduct annual inspections,
 route emission to a control device       repair leaks, and maintain
 that is used to comply with an           records as specified in Sec.
 emission limitation or work practice     63.983(b), (c), and (d).
 standard in Tables 1 through 3 or 5 of
 this subpart.
4. Closed-vent system that contains a    Install, calibrate, maintain,
 bypass line that could divert a vent     and operate a flow indicator
 stream away from a control device used   that determines whether vent
 to comply with an emission limitation    stream flow is present. The
 or work practice standard in Tables 1    flow indicator must be
 through 3 and 5 of this subpart,         installed at the entrance to
 except equipment such as low-leg         any bypass line that could
 drains, high bleed points, analyzer      divert the vent stream away
 vents, open-ended valves or lines,       from the control device to the
 rupture disks, and pressure relief       atmosphere, and it must
 valves needed for safety purposes.       indicate either the presence
                                          of flow or the lack of flow at
                                          least once very 15 minutes; or
                                          secure the bypass line valve
                                          in the closed position with a
                                          car seal or lock and key
                                          configruation. You must
                                          visually inspect the seal or
                                          closure mechanism at least
                                          once every month to ensure
                                          that the valve is maintained
                                          in the closed position and the
                                          vent stream is not diverted
                                          through the bypass line.
5. Heat exchange system that cools       Monitor and repair the heat
 process equipment or materials in        exchange system according to
 miscellaneous coating manufacturing      Sec.  63.104(a) through (e),
 operations.                              except that references in Sec.
                                           63.104 to ``chemical
                                          manufacturing process units''
                                          means the ``miscellaneous
                                          coating manufacturing
                                          operations for the purposes of
                                          this subpart, and references
                                          to Sec.  63.100 do not apply
                                          for the purposes of this
                                          subpart.
------------------------------------------------------------------------

    As required in Sec. 63.8000(a)(5) and (e), you must meet each 
emission limitation and work practice standard in the following table 
that applies to your transfer operations:

[[Page 16241]]



    Table 5 to Subpart HHHHH.--Emission Limitations and Work Practice
                    Standards for Transfer Operations
------------------------------------------------------------------------
          For * * *              You must * * *      And you must * * *
------------------------------------------------------------------------
Transfer operations for bulk  Use a vapor           Design and operate
 loading of material           balancing system      each vapor
 containing 3.0     designed and          collection system
 million gal/yr of HAP with    operated to collect   such that HAP
 a HAP partial pressure 1.5 psia.              and route them to:    loading arm will
                               the storage tank      not pass through
                               from which the        another loading arm
                               liquid being loaded   to the atmosphere;
                               originated; or        and prevent
                               another storage       pressure relief
                               tank connected to a   devices from
                               common header; or     opening during
                               compress and route    loading; and comply
                               to a process where    with the work
                               the HAP in the        practice standards
                               emissions             for closed-vent
                               predominantly meet    systems specified
                               one of, or a          in Table 4 of this
                               combination of, the   subpart; and for
                               following ends:       any halogenated
                               recyled and or        streams that are
                               consumed in the       controlled with a
                               same manner as a      combustion device,
                               material that         you must also
                               fulfills the same     comply with the
                               function in that      emission
                               process;              limitations in
                               transformed by        Table 6 of this
                               chemical reaction     subpart; and vapor
                               into materials that   collection
                               are not organic       equipment for tank
                               HAP; incorporated     trucks and railcars
                               into a product, and/  must be compatible
                               or recovered; or      with the transfer
                               Route emission        operation's vapor
                               streams through a     collection system,
                               closed-vent system    and the systems
                               to a control device   must be connected
                               that reduces HAP      when material is
                               systems emissions     transferred.
                               by 75
                               percent by weight;
                               or a control device
                               that reduces
                               emissions to an
                               outlet total
                               organic HAP or TOC
                               concentration 20 ppmv and
                               an outlet hydrogen
                               halide and halogen
                               concentration 20 ppmv,
                               both corrected for
                               supplemental gases
                               as specified in
                               Sec.  63.8030(j);
                               or a flare that
                               meets the
                               performance
                               requirements of
                               Sec.  63.11(b),
                               except that you may
                               not vent
                               halogenated vent
                               streams to a flare;
                               or a control device
                               specified in Sec.
                               63.8010(f); or a
                               condenser that
                               reduces the outlet
                               gas temperature to:
                               2 deg.C if the HAP
                               partial pressure is
                               1.5 psia
                               and 2.5 psia, or -5
                               deg.C if the HAP
                               partial pressure is
                               2.5 psia.
------------------------------------------------------------------------

    As required in Sec. 63.8000(a)(6) and (e), you must meet each 
emission limitation in the following table that applies to your 
halogenated vent streams that are controlled with a combustion device:

   Table 6 to Subpart HHHHH--Emission Limitations for Halogenated Vent
          Streams that Are Controlled with a Combustion Device
------------------------------------------------------------------------
             For each * * *                       You must * * *
------------------------------------------------------------------------
Halogenated vent stream from a process   Use a halogen reduction device
 vessel, wastewater, or transfer          after the combustion device to
 operation controlled with a combustion   reduce emissions of hydrogen
 device.                                  halides and halogens by 95 percent by weight or
                                          to a concentration 20 ppmv.
------------------------------------------------------------------------

    As required in Secs. 63.8000(d) and (e), 63.8040(b), and 
63.8055(a)(1)(i)(C), you must meet each operating limit in the 
following table that applies to your control devices, recovery devices, 
and wastewater treatment units:

 Table 7 to Subpart HHHHH.--Operating Limits and Work Practice Standards
  for Control Devices, Recovery Devices, and Wastewater Treatment Units
------------------------------------------------------------------------
                                 With inlet HAP
       For each * * *             levels * * *         You must * * *
------------------------------------------------------------------------
1. Water scrubber...........  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     scrubber liquid
                                                     flow rate or
                                                     pressure drop at or
                                                     above the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination.
2. Caustic scrubber.........  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     scrubber liquid
                                                     flow rate or
                                                     pressure drop at or
                                                     above the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination; and
                                                     maintain the daily
                                                     average pH of the
                                                     scrubber effluent
                                                     at or above the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
3. Condenser................  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     condenser outlet
                                                     gas temperature at
                                                     or below the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination.

[[Page 16242]]

 
4. Regenerative carbon        1 ton/yr.  For each
 adsorber.                                           regeneration cycle,
                                                     maintain the
                                                     regeneration
                                                     frequency,
                                                     temperature to
                                                     which the bed is
                                                     heated during
                                                     regeneration,
                                                     temperature to
                                                     which the bed is
                                                     cooled within 15
                                                     minutes of the
                                                     completion of the
                                                     cooling phase, and
                                                     regeneration stream
                                                     flow rate within
                                                     the operating
                                                     levels established
                                                     during the initial
                                                     compliance
                                                     determination; and
                                                     you conduct a check
                                                     for bed poisoning
                                                     in accordance with
                                                     manufacturer's
                                                     specifications at
                                                     least once per
                                                     year.
5. Thermal incinerator......  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     temperature of
                                                     gases exiting the
                                                     combustion chamber
                                                     at or above the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
6. Catalytic incinerator....  1 ton/yr.  Maintain the daily
                                                     or block average
                                                     temperature of the
                                                     gas stream
                                                     immediately before
                                                     the catalyst bed at
                                                     or above the value
                                                     established during
                                                     the initial
                                                     compliance
                                                     determination;
                                                     conduct an annual
                                                     catalyst test, or,
                                                     once per quarter,
                                                     verify that the
                                                     temperature
                                                     difference across
                                                     the catalyst bed
                                                     under the same
                                                     conditions as in
                                                     the initial
                                                     compliance
                                                     determination is no
                                                     lower than 90
                                                     percent of the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
7. Process heaters and        1 ton/yr.  Maintain the daily
 boilers for which the vent                          or block average
 streams are not introduced                          temperature of the
 with the primary fuel or                            gases exiting the
 the design heat input                               combustion chamber
 capacity is 44 MW.                                  at or above the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
8. Any control or recovery    1 ton/yr............  Follow the
 device.                                             applicable
                                                     procedures
                                                     described in your
                                                     Precompliance
                                                     report, according
                                                     to Sec.
                                                     63.8030(i), for
                                                     demonstrating that
                                                     the control device
                                                     is operating
                                                     properly.
9. Design steam stripper....  At any level........  Maintain the daily
                                                     or block average
                                                     steam-to-wastewater
                                                     ratio 0.04 kg/liter,
                                                     wastewater feed
                                                     temperature or
                                                     column temperature
                                                     95 deg.C
                                                     , and wastewater
                                                     loading 67,100 liters
                                                     per hour per square
                                                     meter.
10. Biological treatment      At any level........  Maintain the TSS,
 unit.                                               BOD, and biomass
                                                     concentration
                                                     established in your
                                                     discharge permit.
                                                     unit, except for a
                                                     design steam
                                                     stripper
11. Nonbiological wastewater  At any level........  Maintain the
 treatment unit, except for                          appropriate
 a design steam stripper.                            parameters within
                                                     levels specified in
                                                     your Precompliance
                                                     report and approved
                                                     by the permitting
                                                     authority.
------------------------------------------------------------------------

    As required in Sec. 63.8030(c), you must conduct performance tests 
in accordance with the requirements in the following table:

                          Table 8 to Subpart HHHHH.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
            For each * * *                  You must * * *            Using * * *         following requirements
                                                                                                  * * *
----------------------------------------------------------------------------------------------------------------
1. Vent stream.......................  Select sampling port's   Method 1 or 1A of 40     Sampling sites must be
                                        location and the         CFR part 60, appendix    located at the inlet
                                        number of traverse       A Sec.  63.7(d)(1)(i).   (if emission reduction
                                        ports.                                            or destruction
                                                                                          efficiency testing is
                                                                                          required) and outlet
                                                                                          of the control device
                                                                                          and prior to any
                                                                                          releases to the
                                                                                          atmosphere.
2. Vent stream.......................  Determine velocity and   Method 2, 2A, 2C, or 2D  Non applicable.
                                        volumetric flow rate;.   of appendix A to part
                                                                 60 of this chapter.
3. Vent stream.......................  Conduct gas molecular    Method 3 in appendix A   Non applicable.
                                        weight analysis.         to part 60 of this
                                                                 chapter.
4. Vent stream.......................  Measure moisture         Method 4 in appendix A   Non applicable.
                                        content of the stack     to part 60 of this
                                        gas.                     chapter.

[[Page 16243]]

 
5. Vent stream controlled in a non-    a. Measure percent       i. Method 18 in          Measure inlet and
 combustion device.                     reduction of organic     appendix A to part 60    outlet mass emissions
                                        HAP or TOC, or.          of chapter or ASTM       and calculate the
                                                                 D6420-99 (incorporated   overall percent
                                                                 by reference as          reduction of organic
                                                                 specified in Sec.        HAP according to the
                                                                 63.14), or.              procedures in Sec.
                                                                                          63.8030(c)(5); and if
                                                                                          you use ASTM D6420-99,
                                                                                          comply with the
                                                                                          requirements specified
                                                                                          in Sec.
                                                                                          63.2470(c)(11).
                                                                ii. Method 25A in        Measure inlet and
                                                                 appendix A to part 60    outlet mass emissions
                                                                 of this chapter.         and calculate the
                                                                                          overall percent
                                                                                          reduction of TOC
                                                                                          according to the
                                                                                          procedures in Sec.
                                                                                          63.8030(c)(6).
                                       b. Measure total         i. Method 18 in          Measure the outlet
                                        organic HAP or TOC       appendix A to part 60    concentration of each
                                        outlet concentration.    of this chapter or       organic HAP present in
                                                                 ASTM D6420-99            the inlet stream and
                                                                 (incorporated by         calculate the total
                                                                 reference as specified   organic HAP emission
                                                                 in Sec.  63.14), or.     concentration
                                                                                          according to the
                                                                                          procedures in Sec.  63
                                                                                          8030(c)(7); and if you
                                                                                          use ASTM D6420-99,
                                                                                          comply with the
                                                                                          requirements specified
                                                                                          in Sec.
                                                                                          63.2470(c)(11).
                                                                ii. Method 25A in        Measure the outlet
                                                                 appendix A to part 60    concentration of TOC
                                                                 of this chapter.         and report the results
                                                                                          as ppmv carbon
                                                                                          according to the
                                                                                          procedures in Sec.
                                                                                          63.803(c)(8).
6. Vent stream controlled in a         a. Measure percent       i. Method 25/Method 25A  Measure inlet and
 combustion device.                     reduction of organic     in appendix A to part    outlet mass emissions,
                                        HAP or TOC, or.          60 of this chapter, or.  as carbon, and
                                                                                          calculate the overall
                                                                                          percent reduction of
                                                                                          TOC according to the
                                                                                          procedures in Sec.
                                                                                          63.8030(c)(9).
                                                                ii. Method 18 in         Measure the inlet and
                                                                 appendix A to part 60    outlet mass emissions
                                                                 of this chapter or       for each organic HAP
                                                                 ASTM D6420-99            and calculate the
                                                                 (incorporated by         overall percent
                                                                 reference as specified   reduction according to
                                                                 in Sec.  63.14).         the procedures in Sec.
                                                                                           63.8030(c)(5). Note:
                                                                                          The total outlet mass
                                                                                          emissions is
                                                                                          determined for the
                                                                                          each organic HAP
                                                                                          identified and
                                                                                          quantified in the
                                                                                          inlet gas stream; and
                                                                                          if you use ASTM D6420-
                                                                                          99, comply with the
                                                                                          requirements specified
                                                                                          in Sec.
                                                                                          63.2470(c)(11).
                                       b. Measure total         i. Method 25A in         Measure the outlet
                                        organic HAP or TOC       appendix A to part 60    concentration on an as
                                        outlet concentration.    of this chapter, or      carbon basis according
                                                                                          to the procedures in
                                                                                          Sec.  63.8030(c)(8)
                                                                ii. Method 18 in         Measure the outlet
                                                                 appendix A to part 60    concentration of each
                                                                 of this chapter.         organic HAP contained
                                                                                          in the inlet stream to
                                                                                          the combustion device
                                                                                          and calculate the
                                                                                          total organic HAP
                                                                                          concentration of the
                                                                                          outlet emissions
                                                                                          according to the
                                                                                          procedures in Sec.
                                                                                          63.8030(c)(7); and if
                                                                                          you use ASTM D6420-99,
                                                                                          comply with the
                                                                                          requirements in Sec.
                                                                                          63.2470(c)(11).
7. Vent stream.......................  Measure hydrogen halide  Method 26 or 26A in      According to the
                                        and halogen              appendix A to part 60    procedures in Sec.
                                        concentrations.          of this chapter.         63.8030(c)(10)
8. Wastewater samples................  a. Measure HAP           i. Method 305 in         Comply with the
                                        concentration.           appendix A of this       procedures in Sec.
                                                                 part.                    63.1257(b)(9)(vi).
                                                                ii. Method 624, 625,     Comply with the
                                                                 1624, 1625 in appendix   procedures in Sec.
                                                                 A to part 136 of this    63.1257(b)(10)(vi).
                                                                 chapter.

[[Page 16244]]

 
                                                                iii. Method 8260 or      As an alternative you
                                                                 8270 in ``Test Methods   may use any more
                                                                 for Evaluating Solid     recent updated version
                                                                 Waste, Physical/         of Method 8260 or 8270
                                                                 Chemical Methods,''      that we publish. To
                                                                 EPA Publication No. SW-  use these methods, you
                                                                 846, Third Edition,      must maintain a formal
                                                                 September 1986, as       quality assurance
                                                                 amended by Update I,     program consistent
                                                                 November 15, 1992.       with either section 8
                                                                                          of Method 8260 or
                                                                                          Method 8270, and this
                                                                                          program must include
                                                                                          the following elements
                                                                                          related to measuring
                                                                                          concentrations of
                                                                                          volatile compounds:
                                                                                          documentation of site-
                                                                                          specific procedures to
                                                                                          minimize the loss of
                                                                                          compounds due to
                                                                                          volatilization,
                                                                                          biodegradation,
                                                                                          reaction, or sorption
                                                                                          during the sample
                                                                                          collection, storage,
                                                                                          and preparation steps;
                                                                                          documentation of
                                                                                          specific quality
                                                                                          assurance procedures
                                                                                          followed during
                                                                                          sampling, sample
                                                                                          preparation, sample
                                                                                          introduction, and
                                                                                          analysis; measurement
                                                                                          of the average
                                                                                          accuracy and precision
                                                                                          of the specific
                                                                                          procedures, including
                                                                                          field duplicates field
                                                                                          spiking of the
                                                                                          material source before
                                                                                          or during sampling
                                                                                          with compounds having
                                                                                          similar
                                                                                          characteristics to the
                                                                                          target analyte.
                                                                iv. Other EPA Methods..  Use procedures
                                                                                          specified in the
                                                                                          method, validate the
                                                                                          method using the
                                                                                          procedures in Sec.
                                                                                          63.1257(b)(10)(iv)(A)
                                                                                          or (B), and comply
                                                                                          with the procedures in
                                                                                          Sec.  63.1257(b)(1)(vi
                                                                                          ).
                                                                v. Methods other than    Use procedures
                                                                 an EPA Method.           specified in the
                                                                                          method, validate the
                                                                                          method using the
                                                                                          procedures in Sec.
                                                                                          63.1257(b)(10)(iv)(A)
                                                                                          and comply with the
                                                                                          procedures in Sec.
                                                                                          63.1257(b)(10)(vi).
9. Vent stream controlled using a      a. Determine compliance  Method 22 in appendix A  Non applicable.
 flare.                                 with visible emissions   to part 60 of this
                                        provisions.              chapter.
                                       b. Determine heating     i. Method 18 in          Use the equations in
                                        value of gas being       appendix A to part 60    Sec.  63.11(b)(6) to
                                        combusted.               of this chapter or       calculate the heating
                                                                 ASTM D6420-99            value.
                                                                 (incorporated by
                                                                 reference as specified
                                                                 in Sec.  63.14) to
                                                                 determine the organics
                                                                 concentration, and
                                                                ii. ASTM D1946-77
                                                                 (incorporated by
                                                                 reference as specified
                                                                 in Sec.  63.14) to
                                                                 determine the hydrogen
                                                                 and carbon monoxide
                                                                 concentrations, and
                                                                iii. ASTM D2382-76
                                                                 (incorporated by
                                                                 reference as specified
                                                                 in Sec.  63.14) to
                                                                 determine heats of
                                                                 combustion if
                                                                 published values are
                                                                 not available or
                                                                 cannot be calculated..

[[Page 16245]]

 
                                       c. Determine the actual  i. Method 2, 2A, 2C, or  A. Divide the
                                        exit velocity for        2D in appendix A to 40   volumetric flow rate
                                        steam-assisted and       CFR part 60 to           by the unobstructed
                                        nonassisted flares.      determine the            (free) cross-sectional
                                                                 volumetric flow rate.    area of the flare tip
                                                                                          to calculate the
                                                                                          actual exit velocity,
                                                                                          or
                                                                                         B. If the actual exit
                                                                                          velocity is 60 feet per second,
                                                                                          use the heating value
                                                                                          calculated according
                                                                                          to the procedures in
                                                                                          entry 9.b. of this
                                                                                          table in the
                                                                                          appropriate equation
                                                                                          in Sec.
                                                                                          63.11(b)(7)(ii) or
                                                                                          (iii) to calculate the
                                                                                          maximum permitted
                                                                                          velocity.
----------------------------------------------------------------------------------------------------------------

    As required in Secs. 63.8025(a), (b), and (c), 63.8030(a), and 
63.8040(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your process 
vessels as specified in the following table:

 Table 9 to Subpart HHHHH.--Initial Compliance With Emission Limitations
             and Work Practice Standards for Process Vessels
------------------------------------------------------------------------
                                                          You have
       For each * * *           For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Portable process vessel    Equip with a cover..  You have installed a
 >250 gal at an existing                             cover and document
 source.                                             this fact in the
                                                     notification of
                                                     compliance status.
2. Stationary process vessel  Equip with a tightly- You determine total
 >250 gal at an existing       fitting vented        uncontrolled
 source.                       cover or lid and      emissions to the
                               route emissions       control device in
                               through a closed-     accordance with
                               vent system to a      Sec.  63.1257(d)(2)
                               control device that   (i) and (ii), and
                               reduces HAP           you determine
                               emissions by 75 percent.    emissions for the
                                                     process vessel
                                                     based on the
                                                     results of a
                                                     performance test or
                                                     design evaluation
                                                     conducted according
                                                     to Sec.
                                                     63.1257(d)(3); and
                                                     based on the
                                                     performance test or
                                                     design evaluation,
                                                     you determine the
                                                     control device
                                                     reduces HAP
                                                     emissions by 75 percent
                                                     by weight; and
                                                     during the
                                                     performance test or
                                                     design evaluation,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices in Table 7
                                                     of this subpart, as
                                                     applicable, in
                                                     accordance with the
                                                     requirements
                                                     specified in Sec.
                                                     63.8030(d), (e), or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.
3. Portable and stationary    Equip with a tightly  You determine total
 vessels >250 gal at a new     fitting vented        uncontrolled
 source.                       cover or lid and      emissions to the
                               route emissions       control device
                               through a closed-     using the
                               vent system to a      procedures in Sec.
                               control device that   63.1257(d)(2)(i)
                               reduces organic HAP   and (ii); and you
                               emissions by 95 percent.    controlled
                                                     emissions for the
                                                     process vessel
                                                     based on the
                                                     results of a
                                                     performance test or
                                                     design evaluation
                                                     conducted according
                                                     to with Sec.
                                                     63.1257(d)(3); and
                                                     based on the
                                                     performance test or
                                                     organic HAP
                                                     emissions by 95 percent
                                                     by weight; and
                                                     during the
                                                     performance test or
                                                     design evaluation,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices in Table 7
                                                     of this subpart, as
                                                     applicable, in
                                                     accordance Sec.
                                                     63.8030(d), (e), or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.
4. Stationary process vessel  Equip with a tightly  You conduct a
 >250 gal at an existing       fitting vented        performance test
 source or a new source;       cover or lid and      using the test
 portable process vessel       route emissions       methods specified
 >250 gal at a new source.     through a closed-     in Sec.
                               vent system to a      63.1257(b)(1)
                               control device that   through (6), as
                               reduces emissions     applicable, to show
                               to an outlet total    the outlet total
                               organic HAP or TOC    organic HAP or TOC
                               concentration 20 ppmv.       20 ppmv;
                                                     and during the
                                                     performance test,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices in Table 7
                                                     of this subpart, as
                                                     applicable, in
                                                     accordance with
                                                     Sec.  63.8030(e) or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.

[[Page 16246]]

 
                              Equip with a tightly  You conduct an
                               fitting vented        initial flare
                               cover or lid and      compliance
                               vent emissions        assessment as
                               through a closed-     specified in Secs.
                               vent system to a      63.987(b)(3) and
                               flare that meets      63.997; and the
                               the performance       visible emissions,
                               requirements          net heating value,
                               specified in Sec.     and exit velocity
                               63.11(b).             meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).
5. Stationary or portable     Control emissions     You calculate and
 process vessel >250 gal at    with a condenser      record the HAP
 an existing or new source.    that reduces outlet   partial pressure
                               gas temperatures to   for the material in
                               a specific value.     the process vessel;
                                                     and you have
                                                     results of
                                                     continuous direct
                                                     measurement of the
                                                     condenser outlet
                                                     gas temperature
                                                     showing the
                                                     temperature is 10
                                                     deg.C if the HAP
                                                     partial pressure is
                                                     0.7 kPa, or 2 deg.C
                                                     if the HAP partial
                                                     pressure is 0.7 kPa and 17.2
                                                     kPa, or -5 deg.C if
                                                     the HAP partial
                                                     pressure is 17.2 kPa; and
                                                     you include the
                                                     results of the HAP
                                                     partial pressure
                                                     calculations and
                                                     outlet gas
                                                     temperature
                                                     measurements in the
                                                     notification of
                                                     compliance status.
------------------------------------------------------------------------

    As required in Secs. 63.8025(a), (b), and (c), 63.8030(a), and 
63.8040(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your wastewater 
streams, waste management units, and liquid streams in open systems 
within miscellaneous coating manufacturing operations as specified in 
the following table:

Table 10 to Subpart HHHHH.--Initial Compliance With Emission Limitations
  and Work Practice Standards for Wastewater Streams, Waste Management
 Units, and Liquid Streams in Open Systems Within Miscellaneous Coating
                        Manufacturing Operations
------------------------------------------------------------------------
                                                          You have
       For each * * *           For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Waste management unit....  Install a fixed       You design and
                               roof, floating        install the fixed
                               roof, cover, or       roofs, floating
                               enclosure to          roofs, covers, and
                               suppress emissions.   enclosures to meet
                                                     the requirements
                                                     enclosure to
                                                     specified in Secs.
                                                     63.133 through
                                                     63.137; and you
                                                     conduct an initial
                                                     inspection of the
                                                     waste management
                                                     unit for improper
                                                     work practices and
                                                     control equipment
                                                     failures in
                                                     accordance with the
                                                     requirements
                                                     specified in Secs.
                                                     63.133 through
                                                     63.137 and
                                                     63.143(a).

[[Page 16247]]

 
2. Vent stream from a waste   a. Vent emissions     You conduct either a
 management unit.              through a closed-     performance test in
                               vent system to: a     accordance with the
                               control device that   requirements
                               reduces organic HAP   specified in Sec.
                               emissions by 95 percent     when Sec.
                               by weight or to an    63.145(i)(6) and
                               outlet total oganic   (9) require
                               HAP or TOC            concentration
                               concentration 20 ppmv; or    percent O2, the
                               a combustion device   correction for
                               with a minimum        supplemental gases
                               temperature of 760    in Sec.  63.8030(g)
                               deg. C.               applies for the
                                                     purposes of this
                                                     subpart) or a
                                                     design evaluation
                                                     in accordance with
                                                     the requirements
                                                     specified in Sec.
                                                     63.139(d)(2). If
                                                     the control device
                                                     will be operated
                                                     over a range of
                                                     conditions, you are
                                                     not required to
                                                     test over the
                                                     entire range. In
                                                     such cases, you may
                                                     supplement the
                                                     performance test
                                                     results with
                                                     modeling and/or
                                                     engineering
                                                     assessments; and
                                                     the performance
                                                     test or design
                                                     evaluation shows
                                                     the organic HAP
                                                     emissions are
                                                     reduced by 95 percent by
                                                     weight, or the
                                                     total organic HAP
                                                     or TOC emissions
                                                     are reduced to an
                                                     outlet
                                                     concentration,
                                                     corrected to
                                                     account for
                                                     supplemental gases,
                                                     of >20 ppmv; and
                                                     during the design
                                                     evaluation or
                                                     performance test,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices in Table 7
                                                     of this subpart, as
                                                     applicable,
                                                     according to Sec.
                                                     63.8030(d), (e), or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits
                                                     during the design
                                                     evaluation or
                                                     performance test.
                              b. Vent emission      You conduct an
                               through a closed-     initial flare
                               vent system to a      compliance
                               flare that meets      assessment as
                               the performance       specified in Secs.
                               requirements of       63.987(b)(3) and
                               Sec.  63.11(b).       63.997; and the
                                                     visible emissions,
                                                     net heating value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).
                              c. Route emissions    You document in your
                               through a closed-     notification of
                               vent system to a      compliance status
                               control device        that you route
                               specified in Sec.     emissions to a
                               63.8010(f).           device specified in
                                                     Sec.  63.8010(f).
3. Affected wastewater         a. Treatment         You conduct either a
 stream..                      options in Sec.       performance test or
                               63.138(b), (c),       a design evaluation
                               (e), (f), or (g).     in accordance with
                                                     Sec.  63.138(j);
                                                     and the performance
                                                     test or design
                                                     evaluation shows
                                                     the reduction
                                                     required by Sec.
                                                     63.138(b), (c),
                                                     (e), (f), or (g),
                                                     as appropriate, is
                                                     achieved; and
                                                     during the
                                                     performance test or
                                                     design evaluation
                                                     for a biological
                                                     treatment process,
                                                     you establish
                                                     operating limits
                                                     for TSS, BOD, and
                                                     biomass
                                                     concentration in
                                                     accordance with
                                                     your discharge
                                                     permit; and for a
                                                     nonbiological
                                                     treatment unit, you
                                                     establish
                                                     appropriate
                                                     operating limits
                                                     described in your
                                                     approved
                                                     Precompliance
                                                     report; and you
                                                     have a record of
                                                     how you established
                                                     the operating
                                                     limits.
                              a. Treatment in a     You document in your
                               design steam          notification of
                               stripper i.e., Sec.   compliance status
                                63.138(d)) or a      that you treat
                               treatment unit in     wastewater in a
                               Sec.  63.8010(f).     design steam
                                                     stripper or a
                                                     treatment unit
                                                     specified in Sec.
                                                     63.8010(f).

[[Page 16248]]

 
4. Residual removed from an   Control emissions...  You comply with the
 affected wastewater stream.                         requirements in
                                                     entries (a) and (b)
                                                     of this table for
                                                     all waste
                                                     management units
                                                     used to convey,
                                                     store, treat, or
                                                     dispose of the
                                                     residual; and you
                                                     comply with one or
                                                     more of the
                                                     following: the
                                                     requirements in
                                                     entry 3. of this
                                                     table for each
                                                     residual that you
                                                     treat in accordance
                                                     with the
                                                     requirements
                                                     specified in Sec.
                                                     63.138(k)(3);
                                                     install equipment
                                                     or establish
                                                     procedures to
                                                     recycle the
                                                     residual to a
                                                     production process,
                                                     sell it for
                                                     recycling, or
                                                     return it to the
                                                     treatment process;
                                                     or you document in
                                                     the notification of
                                                     compliance status
                                                     that you are
                                                     treating the
                                                     residual in a unit
                                                     under Sec.
                                                     63.8010(f).
5. Maintenance wastewater     Develop and           You developed the
 stream.                       implement a           plan and have it
                               maintenance           available onsite
                               wastewater plan.      for inspection at
                                                     any time after the
                                                     compliance date.
6. Liquid stream in open      Comply with the       Document in the
 systems within                requirements in       notification of
 miscellaneous coating         Table 35 of subpart   compliance status
 manufacturing operations..    G, according to       the type of control
                               entry 6. in Table 2   you are using.
                               of this subpart.
------------------------------------------------------------------------

    As required in Secs. 63.8025(a), (b), and (c), 63.8030(a), and 
63.8040(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your storage 
tanks as specified in the following table:

Table 11 to Subpart HHHHH.--Initial Compliance With Emission Limitations
              and Work Practice Standards for Storage Tanks
------------------------------------------------------------------------
                                                          You have
          For * * *             For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Each affected storage      a. Operate and        You have a record of
 tank.                         maintain a floating   the vessel
                               roof, or.             dimensions and
                                                     capacity and
                                                     identification of
                                                     the liquid stored
                                                     as specified in
                                                     Sec.  63.1065(a);
                                                     and you inspect an
                                                     IFR before initial
                                                     filling and inspect
                                                     an EFR within 90
                                                     days of initial
                                                     filling.
                              b. Vent emissions     You conduct a design
                               through a closed-     evaluation or
                               vent system to a      performance test in
                               control device that   accordance with the
                               reduces HAP           requirements
                               emissions by 90 percent     63.985(b); and the
                               by weight, or.        performance test or
                                                     design evaluation
                                                     shows the control
                                                     device reduces HAP
                                                     emissions by 90 percent
                                                     by weight; and
                                                     during the
                                                     performance test or
                                                     design evaluation,
                                                     you establish
                                                     operating limits
                                                     for the control
                                                     devices specified
                                                     in Table 7 of this
                                                     subpart, as
                                                     applicable;
                                                     according to Sec.
                                                     63.8030(d), (e), or
                                                     (f); and you have a
                                                     record of how you
                                                     established the
                                                     operating limits.
                              c. Vent emissions     You conduct an
                               through a closed-     initial flare
                               vent system to a      compliance
                               flare that meets      assessment as
                               the performance       specified in Secs.
                               requirements of       63.987(b)(3) and
                               Sec.  63.11(b), or    63.997; and the
                                                     visible emissions
                                                     net hearting value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).
                              d. Vapor balance....  You document in the
                                                     notification of
                                                     compliance status
                                                     that you are
                                                     complying by vapor
                                                     balancing and
                                                     certify that the
                                                     pressure relief
                                                     device setting on
                                                     the storage tank is
                                                     2.5 psig
                                                     on the compliance
                                                     date; and for the
                                                     owner or operator
                                                     of a reloading or
                                                     cleaning facility,
                                                     you: submit the
                                                     written
                                                     certification
                                                     required by Sec.
                                                     63.1253(b)(7)(i);
                                                     and if you use a
                                                     closed-vent system
                                                     and control device
                                                     to control
                                                     emissions, you
                                                     comply with entry
                                                     1.b. of this table.
------------------------------------------------------------------------


[[Page 16249]]

    As required in Secs. 63.8025 (a), (b), and (c), 63.8030(a), 
63.8040(a), and 63.8055(b)(6), you must demonstrate initial compliance 
with each work practice standard that applies to your equipment leaks, 
closed-vent systems, and heat exchange systems as specified in the 
following table:

    Table 12 to Subpart HHHHH.--Initial Compliance With Work Practice
  Standards for Equipment Leaks, Closed-Vent Systems, and Heat Exchange
                                 Systems
------------------------------------------------------------------------
                                                          You have
       For each * * *           For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Piece of equipment in      Comply with Secs.     You implemented an
 organic HAP service and not   63.1022 and 63.1024   LDAR program by the
 described in Sec.  63.1019    through 63.1037.      compliance date.
 (c) through (e).
2. Piece of equipment in      Identify the          You create a list
 organic HAP service 300 hr/   equipment as          with the required
 yr.                           specified in Sec.     identification
                               63.1022(b)(5).        record by the
                                                     compliance date.
3. Closed-vent system.......  Inspection equipment  You conduct an
                               to identify and       initial inspection
                               repair leaks.         of the closed-vent
                                                     system and maintain
                                                     records in
                                                     accordance with
                                                     Sec.  63.983(b) and
                                                     (c) by the
                                                     compliance date;
                                                     and you prepare a
                                                     written plan for
                                                     inspecting unsafe-
                                                     to-inspect and
                                                     difficult-to-
                                                     inspect equipment
                                                     in accordance with
                                                     Sec.  63.983(b) and
                                                     (b) by the
                                                     compliance date;
                                                     and you repair any
                                                     leaks and maintain
                                                     records in
                                                     accordance with
                                                     Sec.  63.983(d).
4. Closed-vent system with a  Prevent flow through  You document in the
 bypass line that could        the bypass line.      notification of
 divert streams away from a                          compliance status
 control device.                                     that you either
                                                     installed a flow
                                                     indicator or that
                                                     you secured the
                                                     bypass line valve
                                                     in accordance with
                                                     entry d. in Table 4
                                                     of this subpart.
5. Heat exchange system used  Monitor for and       You determine that
 to cool process equipment     repair leaks.         the heat exchange
 or materials in                                     system is exempt
 miscellaneous coating                               from monitoring
 manufacturing operations.                           requirements
                                                     because it meets
                                                     one of the
                                                     conditions in Sec.
                                                     63.104(a)(1)
                                                     through (6), and
                                                     you document this
                                                     finding in your
                                                     notification of
                                                     compliance status;
                                                     or if your heat
                                                     exchange system is
                                                     not exempt, you
                                                     either: identify in
                                                     your notification
                                                     of compliance
                                                     status the HAP or
                                                     other
                                                     representative
                                                     substance that you
                                                     will monitor; or
                                                     prepare and
                                                     maintain a
                                                     monitoring plan
                                                     containing the
                                                     information
                                                     required by Sec.
                                                     63.104(c)(1)(i)
                                                     through (iv) that
                                                     documents the
                                                     procedures you will
                                                     use to detect leaks
                                                     by monitoring
                                                     surrogate
                                                     indicators of the
                                                     leak.
------------------------------------------------------------------------

    As required in Secs. 63.8025(a), (b), and (c), 63.8030(a), and 
63.8040(a), you must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to your transfer 
operations as specified in the following table:

Table 13 to Subpart HHHHH.--Initial Compliance With Emission Limitations
           and Work Practice Standards for Transfer Operations
------------------------------------------------------------------------
                                                          You have
          For * * *             For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Transfer operations......  a. Vapor balance, or  You document in the
                                                     Notification of
                                                     Compliance Status
                                                     that you are
                                                     complying with
                                                     vapor balancing.
                              b. Route emissions    You conduct an
                               through a closed-     initial flare
                               vent system to a      compliance
                               flare that meets      assessment as
                               the performance       specified in Secs.
                               requirements of       63.987(b)(3) and
                               Sec.  63.11(b), or    63.997; and the
                                                     visible emissions,
                                                     net heating value,
                                                     and exit velocity
                                                     meet the
                                                     requirements
                                                     specified in Sec.
                                                     63.11(b)(4), (6),
                                                     and (7).

[[Page 16250]]

 
                              c. Route emissions    You conduct a design
                               through a closed-     evaluation or
                               vent system to a      performance test
                               control device that   according to the
                               reduces HAP by 98 percent     Sec.  63.985(b);
                               by weight, or to an   and the performance
                               outlet total          test or design
                               organic HAP or TOC    evaluation shows
                               concentration and     the HAP emissions
                               outlet hydrogen       are reduced by 98 percent
                               concentration 20 ppmv, or    emissions are
                                                     reduced to outlet
                                                     total organic HAP
                                                     or TOC
                                                     concentrations 20 ppmv as
                                                     TOC and 20 ppmv of
                                                     hydrogen halides
                                                     and halogens, both
                                                     corrected for
                                                     supplemental gases
                                                     in accordance with
                                                     Sec.  63.8030(g);
                                                     and during the
                                                     performance test or
                                                     design and
                                                     evaluation, you
                                                     establish operating
                                                     limits for the
                                                     control devices
                                                     specified in Table
                                                     7 of this subpart,
                                                     as applicable, in
                                                     accordance with
                                                     Sec.  63.8030(d),
                                                     (e), and (f); and
                                                     you have a record
                                                     of how you
                                                     determined the
                                                     operating limits.
                              d. Route emissions    You document in the
                               through a closed-     notification of
                               vent system to a      compliance status
                               control device        that you route
                               specified in Sec.     emissions to a
                               63.8010(f).           device specified in
                                                     Sec.  63.8010(f).
------------------------------------------------------------------------

    As required in Secs. 63.8025(a), (b), and (c), 63.8030(a), 
63.8040(a), and 63.8055(b)(5), you must demonstrate initial compliance 
with each emission limitation that applies to your halogenated vent 
streams that are controlled with a combustion device as specified in 
the following table:

Table 14 to Subpart HHHHH.--Initial Compliance With Emission Limitations
    for Halogenated Vent Streams Controlled With a Combustion Device
------------------------------------------------------------------------
                                                          You have
       For each * * *           For the following   demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
Halogenated vent stream.....  Use a halogen         You conduct a
                               reduction device      performance test
                               after the             according to the
                               combustion device     procedures
                               to reduce emissions   specified in Sec.
                               of hydrogen halides   63.997; and the
                               and halogens by 95 percent     shows the halides
                               by weight or to 20 ppmv.       emissions are
                                                     reduced by at 95 percent
                                                     by weight or to 20 ppmv; and
                                                     you establish
                                                     operating imits for
                                                     the halogen
                                                     reduction device
                                                     during the
                                                     performance test,
                                                     and you have a
                                                     record of how you
                                                     determine the
                                                     limits.
------------------------------------------------------------------------

    As required in Secs. 63.8050(a) and 63.8080(c), you must 
demonstrate continuous compliance with each emission limitation that 
applies to you as specified in the following table:

     Table 15 to Subpart HHHHH.--Continuous Compliance With Emission
                               Limitations
------------------------------------------------------------------------
                                                    You must demonstrate
       For each * * *           For the following        continuous
                                 standard * * *      compliance by * * *
------------------------------------------------------------------------
Vent stream controlled with   Percent reduction or  Collecting the
 a condenser.                  outlet                condenser outlet
                               concentration.        temperature
                                                     according to Sec.
                                                     63.8035(b); and
                                                     reducing condenser
                                                     outlet temperature
                                                     data to daily or
                                                     block averages
                                                     according to
                                                     calculations in
                                                     Sec.  63.8035(b);
                                                     and maintaining the
                                                     daily average
                                                     condenser outlet
                                                     temperature no
                                                     higher than the
                                                     level established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
------------------------------------------------------------------------

    As required in Secs. 63.8050(a), 63.8055(c)(1)(iv)(B), and 
63.8080(c), you must demonstrate continuous compliance with each 
operating limit that applies to you as specified in the following 
table:

[[Page 16251]]



 Table 16 to Subpart HHHHH.--Continuous Compliance with Operating Limits
------------------------------------------------------------------------
                                                    You must demonstrate
       For each * * *           For the following   operating continuous
                               operating limit * *   compliance by * * *
----------------------------------------*-------------------------------
1. Thermal incinerator that   Temperature of gases  Collecting the
 is used to control an         exiting the           temperature data
 emission stream subject to    comubstion chamber.   according to Sec.
 an emission limitation and                          63.8035(b); and
 that has inlet HAP                                  reducing the
 emissions emissions 1 ton/yr.                                        daily or block
                                                     averages according
                                                     to calculations in
                                                     Sec.  63.8035(b);
                                                     and maintaining the
                                                     daily or block
                                                     average temperature
                                                     of gases exiting
                                                     the combustion
                                                     chamber no lower
                                                     than the value
                                                     established during
                                                     the initial
                                                     performance test or
                                                     design evaluation.
2. Catalytic incinerator      Temperature of the    Collecting the
 that is used to control an    gas stream            temperature data
 emission stream subject to    immediately before    according to Sec.
 an emission limitation and    the catalyst bed      63.8035(b); and
 that has inlet HAP            and, if applicable,   reducing the inlet
 emissions 1 ton/   the temperature       temperature data to
 yr.                           difference across     daily or block
                               the catalyst bed.     averages according
                                                     to calculations in
                                                     Sec.  63.8035(b);
                                                     and maintaining the
                                                     daily or block
                                                     average temperature
                                                     of the gas stream
                                                     immediately before
                                                     the catalyst bed no
                                                     lower than the
                                                     value established
                                                     during the initial
                                                     performance test or
                                                     design evaluation;
                                                     and if applicable,
                                                     maintaining the
                                                     quarterly reading
                                                     of the temperature
                                                     difference across
                                                     the catalyst bed no
                                                     lower than 90
                                                     percent of the
                                                     value established
                                                     during the initial
                                                     compliance
                                                     determination.
3. Boiler or process heater   Temperature of the    Collecting the
 that is used to control an    gases exiting the     temperature data
 emission stream that is       combustion chamber.   according to Sec.
 subject to an emission                              63.8035(b); and
 limitation, that has inlet                          reducing the
 HAP emissions 1                          temperature data to
 ton/yr, and for which the                           daily or block
 vent streams are not                                averages according
 introduced with the primary                         to calculations in
 fuel or the design heat                             Sec.  63.8035(b);
 input capacity is 44 MW.                            and maintaining the
                                                     daily or block
                                                     average temperature
                                                     of the gas stream
                                                     exiting the
                                                     combustion chamber
                                                     no lower than the
                                                     value established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
4. Regenerative carbon        The regeneration      Collecting the data
 adsorber that has inlet       frequency,            for each
 emission streams containing   temperature to        regeneration cycle;
 1 ton/yr of HAP.   which the bed is      and conducting
                               heated during         inspections,
                               regeneration,         compliance checks,
                               temperature to        and calibrations
                               which the bed is      according to Sec.
                               cooled within 15      63.8035(b)(4); and
                               minutes of the        for regeneration
                               completion of the     cycle, maintaining
                               cooling phase, and    the regeneration
                               the regeneration      frequency,
                               stream flow rate.     temperature to
                                                     which the bed is
                                                     heated during
                                                     regeneration,
                                                     temperature to
                                                     which the bed is
                                                     cooled within 15
                                                     minutes of the
                                                     completion of the
                                                     cooling phase, and
                                                     the regeneration
                                                     stream flow rate
                                                     within the
                                                     operating levels
                                                     established during
                                                     the initial
                                                     performance test or
                                                     design evaluation.
5. Water scrubber with inlet  Scrubber liquid flow  Collecting the flow
 HAP emissions 1    rate or pressure      rate or pressure
 ton/yr.                       drop.                 drop or pressure
                                                     drop data according
                                                     to Sec.
                                                     63.8035(b); and
                                                     reducing the flow
                                                     rate or pressure
                                                     drop data according
                                                     to Sec.
                                                     63.8035(b); and
                                                     maintaining the
                                                     daily or block
                                                     average flow rate
                                                     or pressure drop no
                                                     lower than the
                                                     value established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.
6. Caustic scrubber with      Scrubber liquid flow  Collecting the
 inlet HAP 1 ton/   rate or pressure      scrubber liquid
 yr.                           drop; and pH of the   flow rate or
                               scrubber effluent.    pressure drop data
                                                     according to Sec.
                                                     63.8035(b); and
                                                     collecting the
                                                     scrubber effluent
                                                     pH data according
                                                     to Sec.
                                                     63.8035(b); and
                                                     reducing the
                                                     scrubber liquid
                                                     flow rate or
                                                     pressure drop data
                                                     to daily or block
                                                     averages according
                                                     to calculations in
                                                     Sec.  63.8035(b);
                                                     and reducing the
                                                     scrubber effluent
                                                     pH data to daily or
                                                     block averages
                                                     according to the
                                                     calculations in
                                                     Sec.  63.8035(b);
                                                     and maintaining the
                                                     daily or block
                                                     average scrubber
                                                     liquid flow rate or
                                                     pressure drop, and
                                                     the daily or block
                                                     average scrubber
                                                     effluent pH, no
                                                     lower than the
                                                     values established
                                                     during the initial
                                                     performance test or
                                                     design evaluation.

[[Page 16252]]

 
7. Control device with inlet  As identified in      Following the
 HAP emissions 1 ton/yr for    your Precompliance    procedures in your
 which you received approval   report.               approved
 to comply with operating                            Precompliance
 limits different from those                         report to verify on
 described in entries (a)                            a daily or block
 through (f) of this table.                          basis that the
                                                     control device is
                                                     operating properly.
8. Design steam stripper....  Steam-to-wastewater   Collecting the steam
                               ratio, wastewater     mass ratio,
                               temperature, and      wastewater flow
                               wastewater loading.   rate, wastewater
                                                     (or column
                                                     operating)
                                                     temperature data
                                                     according to Sec.
                                                     63.8035(b); and
                                                     reducing the data
                                                     to daily or block
                                                     averages according
                                                     to Sec.
                                                     63.8035(b); and
                                                     maintaining the
                                                     steam-to-wastewater
                                                     ratio 0.04 kg/liter,
                                                     the wastewater
                                                     temperature (or
                                                     column operating
                                                     temperature) 95 deg.C,
                                                     and the wastewater
                                                     loading 67,100 liters
                                                     per hour per square
                                                     meter.
9. Nonbiological treatment    Parameters as         Collecting and
 unit, except a design steam   approved by           reducing data as
 stripper.                     permitting            specified by the
                               authority.            permitting
                                                     authority and
                                                     maintaining
                                                     parameter levels
                                                     within the limits
                                                     approved by the
                                                     permitting
                                                     authority.
10. Biological treatment      TSS, BOD, and the     Collecting the data
 unit.                         biomass               at the frequency
                               concentration.        approved by the
                                                     permitting
                                                     authority and using
                                                     methods approved by
                                                     the permitting
                                                     authority.
                                                     Maintaining the
                                                     TSS, BOD, and
                                                     biomass
                                                     concentration
                                                     within levels
                                                     approved by the
                                                     permitting
                                                     authority.
------------------------------------------------------------------------

    As required in Secs. 63.8050(a), 63.8055(c)(4), and 63.8080(c), you 
must demonstrate continuous compliance with each work practice standard 
that applies to you as specified in the following table:

  Table 17 to Subpart HHHHH.--Continuous Compliance With Work Practice
                                Standards
------------------------------------------------------------------------
    For the following work practice      You must demonstrate continuous
             standard * * *                    compliance by * * *
------------------------------------------------------------------------
1. Install a floating roof on a storage  Conducting the inspections in
 tank.                                    Sec.  63.1063(d) at the
                                          frequency specified in Sec.
                                          63.1063(c); and repairing any
                                          failures detected during the
                                          inspection as specified in
                                          Sec.  63.1063(e); and
                                          maintaining records of
                                          inspections, repairs, floating
                                          roof landings, and vessel
                                          dimensions and capacity as
                                          specified in Sec.  63.1065.
2. Install emission suppression          Conducting semi-annual visual
 equipment for waste management units     inspections of each fixed
 as specified in Secs.  63.133 through    roof, cover, and enclosure for
 63.137.                                  visible, audible, or olfactory
                                          indications of leaks as
                                          specified in Secs.  63.133
                                          through 63.137; and conducting
                                          inspections, repairing
                                          failures, and documenting
                                          delay or repair for each fixed
                                          roof, cover, and enclosure as
                                          specified in Secs.  63.133
                                          through 63.137; and maintain
                                          records failures and
                                          corrective actions; and for
                                          each floating roof installed
                                          on a wastewater tank,
                                          conducting inspections,
                                          repairing failures, and
                                          maintaining records as
                                          specified in entry 1. of this
                                          table for storage tanks.
3. Implement the LDAR requirements in    Performing the required
 Secs.  63.1025 through 63.1037.          monitoring on the required
                                          schedule, repairing leaks
                                          within the specified time
                                          period according to Sec.
                                          63.1025 through 63.1037; and
                                          keeping records according to
                                          Sec.  63.1038(b).
4. Vent transfer operation emissions     Conducting annual inspections,
 back to the process or originating       repairing leaks, and recording
 vessel.                                  results in accordance with the
                                          requirements for closed-vent
                                          systems in entries (h) and (i)
                                          of this table.
5. Controlling emissions with a flare..  Continuously monitoring for the
                                          presence of pilot flame as
                                          specified in Sec.  63.987(c)
                                          and keeping records of the
                                          monitoring results as
                                          specified in Sec.
                                          63.998(a)(1).
6. Controlling emissions with a          Monitoring the operating time
 nonregenerative carbon adsorber.         during which the carbon
                                          adsorber is used; and
                                          replacing the cannister within
                                          the time interval established
                                          during the initial compliance
                                          determination.
7. Cover liquid streams in open systems  Complying with entry 2. of this
 within the miscellaneous coating         table.
 manufacturing operations.
8. Inspect closed-vent systems.........  Conducting the inspections and
                                          maintaining records according
                                          to Sec.  63.983(b) and (c) and
                                          repairing leaks according to
                                          Sec.  63.983(d).

[[Page 16253]]

 
9. Monitor bypass lines in close-vent    If using a flow indicator,
 systems.                                 ensuring that flow indicator
                                          readings are taken at least
                                          once every 15 minutes,
                                          maintaining hourly records of
                                          whether the flow indicator was
                                          operating and whether a
                                          diversion was detected at any
                                          time during the hour,
                                          recording all periods when the
                                          vent stream is diverted from
                                          the control stream or the flow
                                          indicator is not operating; or
                                          if you secure the bypass line
                                          valve in the closed-position,
                                          maintain a record that the
                                          monthly visual inspection of
                                          the seal or closure mechanism
                                          has been done; and recording
                                          the occurrence of all periods
                                          when the seal mechanism is
                                          broken, the bypass line valve
                                          position has changed, or the
                                          key for a lock-and-key type
                                          lock has been checked out.
10. Develop and implement maintenance    Implementing the procedures in
 wastewater plan.                         the plan for each wastewater
                                          stream according to Sec.
                                          63.105(d), modifying and
                                          updating the procedures as
                                          needed according to Sec.
                                          63.105(c), and maintaining
                                          records of the plan and
                                          updates according to Sec.
                                          63.105(e).
11. Vapor balancing for storage tanks..  Operating and monitoring the
                                          vapor balancing system as
                                          specified in Sec.
                                          63.1253(f)(1) through (5),
                                          maintaining a record of DOT
                                          certifications required by
                                          Sec.  63.1253(f)(2), and
                                          maintaining a record of the
                                          pressure relief vent setting
                                          that shows it is 2.5 psig; and if you are
                                          the owner or operator of a
                                          reloading or cleaning
                                          facility, controlling
                                          emissions from reloading or
                                          cleaning as specified in Sec.
                                          63.1253(f)(6) and (7).
12. Monitor outlet gas temperature for   Collecting the condenser outlet
 condensers used to control vents from    temperature according to Sec.
 process vessels that receive material    63.8035(b); and reducing
 with HAP partial pressures in ranges     condensor outlet temperature
 specified in Table 1 of this subpart.    data to daily or block
                                          averages according to
                                          calculations in Sec.
                                          63.8035(b); and maintaining
                                          the daily average condenser
                                          outlet temperature no higher
                                          than the level specified in
                                          Table 1 of this subpart for
                                          the applicable HAP partial
                                          pressure.
13. Inspect and repair heat exchange     Monitoring for HAP compounds,
 system.                                  other substances, or surrogate
                                          indicators at the frequency
                                          specified in Sec.  63.104(b)
                                          or (c), repairing leaks within
                                          the time period specified in
                                          Sec.  63.104(d)(1), confirming
                                          that the repair is successful
                                          as specified in Sec.
                                          63.104(d)(2), following the
                                          procedures in Sec.  63.104(e)
                                          if you implement delay of
                                          repair, and recording the
                                          results of inspections and
                                          repair according to Sec.
                                          63.104(f)(1).
14. Conduct annual catalyst test for     Conducting a catalyst test once
 catalytic incinerators.                  per year that shows the
                                          activity of the catalyst is
                                          acceptable.
------------------------------------------------------------------------

    As required in Sec. 63.8075(a) and (b), you must submit each report 
that applies to you on the schedule shown in the following table:

          Table 18 to Subpart HHHHH.--Requirements for Reports
------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit a(n)          contain * * *         report * * *
------------------------------------------------------------------------
1. Precompliance report.....  The information       At least 6 months
                               specified in Sec.     prior to the
                               63.8075(c).           compliance date; or
                                                     for new sources,
                                                     with the
                                                     application for
                                                     approval of
                                                     construction or
                                                     reconstruction.
2. Compliance report........  The information       Semiannually
                               specified in Sec.     according to the
                               63.8075(d).           requirements in
                                                     Sec.  63.8075(b).
3. Immediate startup,         a. Actions taken for  By fax or telephone
 shutdown, and malfunction     the event, and.       within 2 working
 report if you had a                                 days after starting
 startup, shutdown, or                               actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan.
 not consistent with your
 startup, shutdown, and
 malfunction plan.
                              b. The information    By letter within 7
                               in Sec.               working days after
                               63.10(d)(5)(ii).      the end of the
                                                     event unless you
                                                     have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority (Sec.
                                                     63.10(d)(5)(ii)).
------------------------------------------------------------------------

    As specified in Sec. 63.8095, the parts of the General Provisions 
that apply to you are shown in the following table:

    Table 19 to Subpart HHHHH.--Applicability of General Provisions (Subpart A) to Subpart HHHHH of Part 63.
----------------------------------------------------------------------------------------------------------------
             Citation                       Subject               Brief description            Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.......................  Applicability............  Initial Applicability     Yes.
                                                               Determination;
                                                               Applicability After
                                                               Standard Established;
                                                               Permit Requirements;
                                                               Extensions,
                                                               Notifications.

[[Page 16254]]

 
Sec.  63.2.......................  Definitions..............  Definitions for part 63   Yes.
                                                               standards.
Sec.  63.3.......................  Units and Abbreviations..  Units and abbreviations   Yes.
                                                               for part 63 standards.
Sec.  63.4.......................  Prohibited Activities....  Prohibited Activities;    Yes.
                                                               Compliance date;
                                                               Circumvention,
                                                               Severability.
Sec.  63.5.......................  Construction/              Applicability;            Yes.
                                    Reconstruction.            Applications; Approvals.
Sec.  63.6(a)....................  Applicability............  GP apply unless           Yes.
                                                               compliance extension GP
                                                               apply to area sources
                                                               that become major.
Sec.  63.6(b)(1)-(4).............  Compliance Dates for New   Standards apply at        Yes.
                                    and Reconstructed          effective date; 3 years
                                    sources.                   after effective date;
                                                               upon startup; 10 years
                                                               after construction or
                                                               reconstruction
                                                               commences for section
                                                               112(f).
Sec.  63.6(b)(5).................  Notification.............  Must notify if commenced  Yes.
                                                               construction or
                                                               reconstruction after
                                                               proposal.
Sec.  63.6(b)(6).................  [Reserved]...............
Sec.  63.6(b)(7).................  Compliance Dates for New   Area sources that become  Yes.
                                    and Reconstructed Area     major must comply with
                                    Sources That Become        major source standards
                                    Major.                     immediately upon
                                                               becoming major,
                                                               regardless of whether
                                                               required to comply when
                                                               they were an area
                                                               source.
Sec.  63.6(c)(1)-(2).............  Compliance Dates for       Comply according to date  Yes.
                                    Existing Sources.          in subpart, which must
                                                               be no later than 3
                                                               years after effective
                                                               date; For section
                                                               112(f) standards,
                                                               comply within 90 days
                                                               of effective date
                                                               unless compliance
                                                               extension.
Sec.  63.6(c)(3)-(4).............  [Reserved]...............
Sec.  63.6(c)(5).................  Compliance Dates for       Area sources that become  Yes.
                                    Existing Area Sources      major must comply with
                                    That Become Major.         major source standards
                                                               by date indicated in
                                                               subpart or by
                                                               equivalent time period
                                                               (for example, 3 years).
Sec.  63.6(d)....................  [Reserved]...............
Sec.  63.6(e)(1)-(2).............  Operation & Maintenance..  Operate to minimize       Yes.
                                                               emissions at all times;
                                                               Correct malfunctions as
                                                               soon as practicable;
                                                               Operation and
                                                               maintenance
                                                               requirements
                                                               independently
                                                               enforceable;
                                                               information
                                                               Administrator will use
                                                               to determine if
                                                               operation and
                                                               maintenance
                                                               requirements were met.
Sec.  63.6(e)(3).................  Startup, Shutdown, and     Requirement for SSM and   Yes.
                                    Malfunction Plan (SSMP).   startup, shutdown,
                                                               malfunction plan;
                                                               Content of SSMP.
Sec.  63.6(f)(1).................  Compliance Except During   You must comply with      Yes.
                                    SSM.                       emission standards at
                                                               all times except during
                                                               SSM.
Sec.  63.6(f)(2)-(3).............  Methods for Determining    Compliance based on       Yes.
                                    Compliance.                performance test,
                                                               operation and
                                                               maintenance plans,
                                                               records, inspection.
Sec.  63.6(g)(1)-(3).............  Alternative Standard.....  Procedures for getting    Yes.
                                                               an alternative standard.
Sec.  63.6(h)....................  Opacity/Visible Emission   Requirements for opacity  Only for flares for
                                    (VE) Standards.            and visible emission      which Method 22
                                                               limits.                   observations are
                                                                                         required as part of a
                                                                                         flare compliance
                                                                                         assessment.
Sec.  63.6(i)(1)-(14)............  Compliance Extension.....  Procedures and criteria   Yes.
                                                               for Administrator to
                                                               grant compliance
                                                               extension.

[[Page 16255]]

 
Sec.  63.6(j)....................  Presidential Compliance    President may exempt      Yes.
                                    Exemption.                 source category from
                                                               requirement to comply
                                                               with rule.
Sec.  63.7(a)(1)-(2).............  Performance Test Dates...  Dates for conducting      Yes, except that Sec.
                                                               initial performance       63.8025(a) specifies
                                                               testing and other         that you must conduct
                                                               compliance                initial compliance
                                                               demonstrations; must      demonstrations before
                                                               conduct 180 days after    the compliance date for
                                                               first subject to rule.    existing sources in
                                                                                         operation before the
                                                                                         effective date.
Sec.  63.7(a)(3).................  Section 114 Authority....  Administrator may         Yes.
                                                               require a performance
                                                               test under CAA section
                                                               114 at any time.
Sec.  63.7(b)(1).................  Notification of            Must notify               Yes.
                                    Performance Test.          Administrator 60 days
                                                               before the test.
Sec.  63.7(b)(2).................  Notification of            If rescheduling a         Yes.
                                    Rescheduling.              performance test is
                                                               necessary, must notify
                                                               Administrator 5 days
                                                               before scheduled date
                                                               of rescheduled date.
Sec.  63.7(c)....................  Quality Assurance/Test     Requirement to submit     Yes, except the test
                                    Plan.                      site-specific test plan   plan must be submitted
                                                               60 days before the test   with the notification
                                                               or on date                of the performance test
                                                               Administrator agrees      if the control device
                                                               with.                     controls process
                                                                                         vessels.
                                                              Test plan approval        ........................
                                                               procedures; Performance
                                                               audit requirements;
                                                               Internal and External
                                                               QA procedures for
                                                               testing.
Sec.  63.7(d)....................  Testing Facilities.......  Requirements for testing  Yes.
                                                               facilities.
Sec.  63.7(e)(1).................  Conditions for Conducting  Performance tests must    Yes, except that
                                    Performance tests.         be conducted under        performance tests for
                                                               representative            process vessels must be
                                                               conditions; cannot        conducted under worst-
                                                               conduct performance       case conditions as
                                                               tests during SSM; not a   specified in Sec.
                                                               violation to exceed       63.8030 and Table 9 to
                                                               standard during SSM.      this subpart.
Sec.  63.7(e)(2).................  Conditions for Conducting  Must conduct according    Yes.
                                    Performance Tests.         to rule and EPA test
                                                               methods unless
                                                               Administrator approves
                                                               alternative.
Sec.  63.7(e)(3).................  Test Run Duration........  Must have three test      Yes.
                                                               runs of at least 1 hour
                                                               each; Compliance is
                                                               based on arithmetic
                                                               mean of three runs;
                                                               Conditions when data
                                                               from an additional test
                                                               run can be used.
Sec.  63.7(f)....................  Alternative Test Method..  Procedures by which       Yes.
                                                               Administrator can grant
                                                               approval to use an
                                                               alternative test method.
Sec.  63.7(g)....................  Performance Test Data      Must include raw data in  Yes.
                                    Analysis.                  performance test
                                                               report; Must submit
                                                               performance test data
                                                               60 days after end of
                                                               test with the
                                                               Notification of
                                                               Compliance Status; Keep
                                                               data for 5 years.
Sec.  63.7(h)....................  Waiver of Tests..........  Procedures for            Yes.
                                                               Administrator to waive
                                                               performance test.
Sec.  63.8(a)(1).................  Applicability of           Subject to all            Yes.
                                    Monitoring Requirements.   monitoring requirements
                                                               in standard.
Sec.  63.8(a)(2).................  Performance                Performance               Yes.
                                    Specifications.            Specifications in
                                                               appendix B of part 60
                                                               apply.
Sec.  63.8(a)(3).................  [Reserved]...............
Sec.  63.8(a)(4).................  Monitoring with Flares...  Unless your rule says     Yes.
                                                               otherwise, the
                                                               requirements for flares
                                                               in Sec.  63.11 apply.
Sec.  63.8(b)(1).................  Monitoring...............  Must conduct monitoring   Yes.
                                                               according to standard
                                                               unless Administrator
                                                               approves alternative.

[[Page 16256]]

 
Sec.  63.8(b)(2)-(3).............  Multiple Effluents and     Specific requirements     Yes.
                                    Multiple Monitoring        for installing
                                    Systems.                   monitoring systems;
                                                               Must install on each
                                                               effluent before it is
                                                               combined and before it
                                                               is released to the
                                                               atmosphere unless
                                                               Administrator approves
                                                               otherwise; If more than
                                                               one monitoring system
                                                               on an emission point,
                                                               must report all
                                                               monitoring system
                                                               results, unless one
                                                               monitoring system is a
                                                               backup.
Sec.  63.8(c)(1).................  Monitoring System          Maintain monitoring       Yes.
                                    Operation and              system in a manner
                                    Maintenance.               consistent with good
                                                               air pollution control
                                                               practices.
Sec.  63.8(c)(1)(i)..............  Routine and Predictable    Follow the SSM plan for   Yes.
                                    SSM.                       routine repairs keep
                                                               parts for routine
                                                               repairs readily
                                                               available; reporting
                                                               requirements for SSM
                                                               when action is
                                                               described in SSM plan.
Sec.  63.8(c)(1)(ii).............  SSM not in SSMP..........  Reporting requirements    Yes.
                                                               for SSM when action is
                                                               not described in SSM
                                                               plan.
Sec.  63.8(c)(1)(iii)............  Compliance with Operation  How Administrator         Yes.
                                    and Maintenance            determines if source
                                    Requirements.              complying with
                                                               operation and
                                                               maintenance
                                                               requirements; Review of
                                                               source O&M procedures,
                                                               records, Manufacturer's
                                                               instructions,
                                                               recommendations, and
                                                               inspection of
                                                               monitoring system.
Sec.  63.8(c)(2)-(3).............  Monitoring System          Must install to get       Yes.
                                    Installation.              representative emission
                                                               and parameter
                                                               measurements; Must
                                                               verify operational
                                                               status before or at
                                                               performance test.
Sec.  63.8(c)(4).................  CMS must be operating      No. CMS requriements are
                                    except during breakdown,   specified in Sec.
                                    out-of-control, repair,    63.8045..
                                    maintenance, and high-
                                    level calibration drifts.
Sec.  63.8(c)(4)(i)-(ii).........  CMS Requirements.........  Continuous opacity        Only for the alternative
                                                               monitoring systems        standard, but Sec.
                                                               (COMS) must have a        63.8(c)(4)(i) does not
                                                               minimum of one cycle of   apply because the
                                                               sampling and analysis     alternat4ive standard
                                                               for each successive 10-   does not require COMS.
                                                               second period and one
                                                               cycle of data recording
                                                               for each successive 6-
                                                               minute period; CEMS
                                                               must have a minimum of
                                                               one cycle of operation
                                                               for each successive 15-
                                                               minute period.
Sec.  63.8(c)(5).................  COMS Minimum Procedures..  COMS minimum procedures.  No. Subpart HHHHH does
                                                                                         not contain opacity or
                                                                                         VE limits.
Sec.  63.8(c)(6).................  CMS Requirements.........  Zero and High level       Only for the alternative
                                                               calibration check         standard in Sec.
                                                               requirements; Out-of-     63.8055.
                                                               control periods.
Sec.  63.8(c)(7)-(8).............  CMS Requirements.........  Out-of-Control period,    No, except for the
                                                               including reporting.      alternative standard in
                                                                                         Sec.  63.8055.
Sec.  63.8(d)....................  CMS Quality Control......  Requirements for CMS      Only for the alternative
                                                               quality control,          standard in Sec.
                                                               including calibration,    63.8055.
                                                               etc. Must keep quality
                                                               control plan on record
                                                               for 5 years. Keep old
                                                               versions for 5 years
                                                               after revisions.

[[Page 16257]]

 
Sec.  63.8(e)....................  CMS Performance            Notification,             Only for the alternative
                                    Evaluation.                performance evaluation    standard in Sec.
                                                               test plan, reports.       63.8055, but Sec.
                                                                                         63.8(e)(5)(ii) does not
                                                                                         apply because the
                                                                                         alternative standard
                                                                                         does not require COMS.
                                                                                         For existing sources,
                                                                                         the performance
                                                                                         evaluation must be
                                                                                         completed prior to the
                                                                                         compliance date, and
                                                                                         the results must be
                                                                                         included in the
                                                                                         Notification of
                                                                                         Compliance Status.
Sec.  63.8(f)(1)-(5).............  Alternative Monitoring     Procedures for            Yes, except you may also
                                    Method.                    Administrator to          request approval using
                                                               approve alternative       the Precompliance
                                                               monitoring.               report.
Sec.  63.8(f)(6).................  Alternative to Relative    Procedures for            Only for the alternative
                                    Accuracy Test.             Administrator to          standard in Sec.
                                                               approve alternative       63.8055.
                                                               relative accuracy tests
                                                               for CEMS.
Sec.  63.8(g)(1)-(4).............  Data Reduction...........  COMS 6-minute averages    Only for the alternative
                                                               calculated over at        standard in Sec.
                                                               least 36 evenly spaced    63.8055, except that
                                                               data points; CEMS 1-      the requirements for
                                                               hour averages computed    COMS do not apply
                                                               over at least 4 equally   because subpart HHHHH
                                                               spaced points.            has no opacity or VE
                                                                                         limits, and Sec.
                                                                                         63.8(g)(2) does not
                                                                                         apply because data
                                                                                         reduction requirements
                                                                                         are specified in Sec.
                                                                                         63.8035(a)(5).
Sec.  63.8(g)(5).................  Data Reduction...........  Data that can't be used   No. Data reduction
                                                               in computing averages     procedures are
                                                               for CEMS and COMS.        specified in Sec.
                                                                                         63.8045(b)
Sec.  63.9(a)....................  Notification Requirements  Applicability and State   Yes.
                                                               Delegation.
Sec.  63.9(b)(1)-(5).............  Initial Notifications....  Submit notification 120   Yes.
                                                               days after effective
                                                               date; Notification of
                                                               intent to construct/
                                                               reconstruct;
                                                               Notification of
                                                               commencement of
                                                               construct/reconstruct;
                                                               Notification of
                                                               startup; Contents of
                                                               each notification.
Sec.  63.9(c)....................  Request for Compliance     Can request if cannot     Yes.
                                    Extension.                 comply by date or if
                                                               installed BACT/LAER.
Sec.  63.9(d)....................  Notification of Special    For sources that          Yes.
                                    Compliance Requirements    commence construction
                                    for New Source.            between proposal and
                                                               promulgation and want
                                                               to comply 3 years after
                                                               effective date.
Sec.  63.9(e)....................  Notification of            Notify Administrator 60   Yes.
                                    Performance Test.          days prior.
Sec.  63.9(f)....................  Notification of VE/        Notify Administrator 30   No. Subpart HHHHH does
                                    Opacity Test.              days prior.               not contain opacity or
                                                                                         VE limits.
Sec.  63.9(g)....................  Additional Notifications   Notification of           Only for the alternative
                                    When Using CMS.            performance evaluation;   standard in Sec.
                                                               Notification using COMS   63.8055.
                                                               data; Notification that
                                                               exceeded criterion for
                                                               relative accuracy.
Sec.  63.9(h)(1)-(6).............  Notification of            Contents Due 60 days      Yes, except subpart
                                    Compliance Status.         after end of              HHHHH has no opacity or
                                                               performance test or       VE limits, and Sec.
                                                               other compliance          63.8070(e)(1) specifies
                                                               demonstration, except     that the Notification
                                                               for opacity/VE, which     of Compliance Status is
                                                               are due 30 days after;    due by the compliance
                                                               When to submit to         date for existing
                                                               Federal vs. State         sources in operation
                                                               authority.                prior to the effective
                                                                                         date, and 63.8070(e)(2)
                                                                                         specifies that the
                                                                                         Notification of
                                                                                         Compliance Status is
                                                                                         due within 240 days
                                                                                         after the compliance
                                                                                         date for all other
                                                                                         affected sources.
Sec.  63.9(i)....................  Adjustment of Submittal    Procedures for            Yes.
                                    Deadlines.                 Administrator to
                                                               approve change in when
                                                               notifications must be
                                                               submitted.
Sec.  63.9(j)....................  Change in Previous         Must submit within 15     Yes.
                                    Information.               days after change.

[[Page 16258]]

 
Sec.  63.10(a)...................  Recordkeeping/Reporting..  Applies to all, unless    Yes.
                                                               compliance extension;
                                                               When to submit to
                                                               Federal vs. State
                                                               authority; Procedures
                                                               for owners of more than
                                                               1 source.
Sec.  63.10(b)(1)................  Recordkeeping/Reporting..  General Requirements.     Yes.
                                                               Keep all records
                                                               readily available; Keep
                                                               for 5 years.
Sec.  63.10(b)(2)(i)-(iv)........  Records related to         Occurrence of each of     Yes.
                                    Startup, Shutdown, and     operation (process
                                    Malfunction.               equipment); Occurrence
                                                               of each malfunction of
                                                               air pollution
                                                               equipment; Maintenance
                                                               on air pollution
                                                               control equipment;
                                                               Actions during startup,
                                                               shutdown, and
                                                               malfunction.
Sec.  63.10(b)(2)(vi) and (x)-     CMS Records..............  Malfunctions,             Yes.
 (xi).                                                         inoperative, out-of-
                                                               control; Calibration
                                                               checks; Adjustments,
                                                               maintenance.
Sec.  63.10(b)(2)(vii)-(ix)......  Records..................  Measurements to           Yes.
                                                               demonstrate compliance
                                                               with emission
                                                               limitations;
                                                               Performance test,
                                                               performance evaluation,
                                                               and visible emission
                                                               observation results;
                                                               Measurements to
                                                               determine conditions of
                                                               performance tests and
                                                               performance evaluations.
Sec.  63.10(b)(2)(xii)...........  Records..................  Records when under        Yes.
                                                               waiver.
Sec.  63.10(b)(2)(xiii)..........  Records..................  Records when using        Only for the alternative
                                                               alternative to relative   standard in Sec.
                                                               accuracy test.            63.8055.
Sec.  63.10(b)(2)(xiv)...........  Records..................  All documentation         Yes.
                                                               supporting Initial
                                                               Notification and
                                                               Notification of
                                                               Compliance Status.
Sec.  63.10(b)(3)................  Records..................  Applicability             Yes
                                                               Determinations.
Sec.  63.10(c)(1)-(6),(9)-(15)...  Records..................  Additional Records for    Only for the alternative
                                                               CMS.                      standard in Sec.
                                                                                         63.8055.
Sec.  63.10(c)(7)-(8)............  Records..................  Records of excess         No. Recordkeeping
                                                               emissions and parameter   requirements are
                                                               monitoring exceedances    specified in Sec.
                                                               for CMS (now defined as   63.8080.
                                                               deviations).
Sec.  63.10(d)(1)................  General Reporting          Requirement to report...  Yes.
                                    Requirements.
Sec.  63.10(d)(2)................  Report of Performance      When to submit to         Yes.
                                    Test Results.              Federal or State
                                                               authority.
Sec.  63.10(d)(3)................  Reporting Opacity or VE    What to report and when.  No. Subpart HHHHH does
                                    Observations.                                        not contain opacity or
                                                                                         VE limits.
Sec.  63.10(d)(4)................  Progress Reports.........  Must submit progress      Yes.
                                                               reports on schedule if
                                                               under compliance
                                                               extension.
Sec.  63.10(d)(5)................  Startup, Shutdown, and     Contents and submission.  Yes.
                                    Malfunction Reports.
Sec.  63.10(e)(1)-(2)............  Additional CMS Reports...  Must report results for   Only for the alternative
                                                               each CEM on a unit;       standard in Sec.
                                                               Written copy of           63.8055, but Sec.
                                                               performance evaluation;   63.10(e)(2)(ii) does
                                                               3 copies of COMS          not apply because the
                                                               performance evaluation.   alternative standard
                                                                                         does not require COMS.
Sec.  63.10(e)(3)................  Reports..................  Excess Emission Reports.  No. Reporting
                                                                                         requirements are
                                                                                         specified in Sec.
                                                                                         63.8075.
Sec.  63.10(e)(3)(i)-(iii).......  Reports..................  Schedule for reporting    No. Reporting
                                                               excess emissions and      requirements are
                                                               parameter monitor         specified in Sec.
                                                               exceedance (now defined   63.8075.
                                                               as deviations).

[[Page 16259]]

 
Sec.  63.10(e)(3)(iv)-(v)........  Excess Emissions Reports.  Requirement to revert to  No. Reporting
                                                               quarterly submission if   requirements are
                                                               there is an excess        specified in Sec.
                                                               emissions and parameter   63.8075.
                                                               monitor exceedance (now
                                                               defined as deviations);
                                                               Provision to request
                                                               semiannual reporting
                                                               after compliance for
                                                               one year; Submit report
                                                               by 30th day following
                                                               end of quarter or
                                                               calendar half; If there
                                                               has not been an
                                                               exceedance or excess
                                                               emission (now defined
                                                               as deviations); report
                                                               contents is a statement
                                                               that there have been no
                                                               deviations.
Sec.  63.10(e)(3)(iv)-(v)........  Excess Emissions Reports.  Must submit report        No. Reporting
                                                               containing all of the     requirements are
                                                               information in Sec.       specified in Sec.
                                                               63.10(c)(5)-(13), Sec.    63.8075.
                                                               63.8(c)(7)-(8).
Sec.  63.10(e)(3)(vi-viii).......  Excess Emissions Report    Requirements for          No. Reporting
                                    and Summary Report.        reporting excess          requirements are
                                                               emissions for CMSs (now   specified in Sec.
                                                               called deviations)        63.8075.
                                                               Requires all of the
                                                               information in Sec.
                                                               63.10(c)(5-13), Sec.
                                                               63.8(c)(7-8).
Sec.  63.10(e)(4)................  Reporting COMS data......  Must submit COMS data     No. Subpart HHHHH does
                                                               with performance test     not contain opacity or
                                                               data.                     VE limits.
Sec.  63.10(f)...................  Waiver for Recordkeeping/  Procedures for            Yes.
                                    Reporting.                 Administrator to waive.
Sec.  63.11......................  Flares...................  Requirements for flares.  Yes.
Sec.  63.12......................  Delegation...............  State authority to        Yes.
                                                               enforce standards.
Sec.  63.13......................  Addresses................  Addresses where reports,  Yes.
                                                               notifications, and
                                                               requests are sent.
Sec.  63.14......................  Incorporation by           Test methods              Yes.
                                    Reference.                 incorporated by
                                                               reference.
Sec.  63.15......................  Availability of            Public and confidential   Yes.
                                    Information.               information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 02-5077 Filed 4-3-02; 8:45 am]
BILLING CODE 6560-50-P