[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Rules and Regulations]
[Pages 46258-46289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12841]



[[Page 46257]]

-----------------------------------------------------------------------

Part II





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology; Final Rules and Proposed Rule

  Federal Register / Vol. 67, No. 134 / Friday, July 12, 2002 / Rules 
and Regulations  

[[Page 46258]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7215-7]
RIN 2060-AH68


National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: This action promulgates amendments to the ``generic'' maximum 
achievable control technology (MACT) standards to add national emission 
standards for hazardous air pollutants (NESHAP) for four additional 
source categories: Cyanide Chemicals Manufacturing, Carbon Black 
Production, Ethylene Production, and Spandex Production. The generic 
MACT standards provide a structural framework that allows source 
categories with similar emission types and MACT control requirements to 
be covered under one subpart, thus promoting regulatory consistency in 
NESHAP development. The EPA has identified these four source categories 
as major sources of hazardous air pollutants (HAP), including cyanide 
compounds, acrylonitrile, acetonitrile, carbonyl sulfide, carbon 
disulfide, benzene, 1,3 butadiene, toluene, and 2,4 toluene 
diisocyanate (TDI). Benzene is a known human carcinogen, and 1,3 
butadiene is considered to be a probable human carcinogen. The other 
pollutants can cause noncancer health effects in humans. These 
standards will implement section 112(d) of the Clean Air Act (CAA) by 
requiring all major sources to meet HAP emission standards reflecting 
the application of MACT. This action also promulgates NESHAP for the 
heat exchange systems and wastewater operations at ethylene 
manufacturing facilities.

EFFECTIVE DATE: July 12, 2002.

ADDRESSES: Docket No. A-97-17 contains supporting information used in 
developing the generic MACT standards. Dockets established for each of 
the source categories to be assimilated under the generic MACT 
standards with this action include: Cyanide Chemicals Manufacturing 
(Docket No. A-2000-14), Carbon Black Production (Docket No. A-98-10), 
Ethylene Production (Docket No. A-98-22), and Spandex Production 
(Docket No. A-98-25). These dockets include source-category-specific 
supporting information. All dockets are located at the U.S. EPA, Air 
and Radiation Docket and Information Center, Waterside Mall, Room M-
1500, Ground Floor, 401 M Street SW, Washington, DC 20460, 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 further information concerning 
applicability and rule determinations, contact the appropriate State or 
local agency representative. If no State or local representative is 
available, contact the EPA Regional Office staff listed in 40 CFR 
63.13. For information concerning the analyses performed in developing 
the NESHAP, contact the following at the Emission Standards Division, 
U.S. EPA, Research Triangle Park, North Carolina 27711:

----------------------------------------------------------------------------------------------------------------
                                                                                      Phone/facsimile/ e-mail
         Information type             Contact (mailcode)           Group                      address
----------------------------------------------------------------------------------------------------------------
General...........................  Mark Morris (C50404).  Organic Chemicals      (919) 541-5416/(919) 541-3470/
                                                            Group.                 [email protected]
Cyanide Chemicals Manufacturing...  Keith Barnett          Organic Chemicals      (919) 541-5605/(919) 541-3470/
                                     (C50405).              Group.                 [email protected]
Carbon Black Production...........  John Schaefer          Organic Chemicals      (919) 541-0296/(919) 541-3470/
                                     (C50404).              Group.                 [email protected]
Ethylene Production...............  Warren Johnson         Organic Chemicals      (919) 541-5267/(919) 541-3470/
                                     (C50404).              Group.                 [email protected]
Spandex Production................  Elaine Manning         Waste and Chemical     (919) 541-5499/(919) 541-3470/
                                     (C43903).              Processes Group.       [email protected]
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of all the information considered by the EPA in the 
development of this rulemaking. The docket is a dynamic file because 
material is added throughout the rulemaking process. The docketing 
system is intended to allow members of the public and industries 
involved to readily identify and locate documents so that they can 
effectively participate in the rulemaking process. Along with the 
proposed and promulgated standards and their preambles, the contents of 
the docket will serve as the record in the case of judicial review. 
(See section 307(d)(7)(A) of the CAA.) The regulatory text and other 
materials related to this rulemaking are available for review in the 
docket or copies may be mailed on request from the Air Docket by 
calling (202) 260-7548. A reasonable fee may be charged for copying 
docket materials.
    Public Comments. The NESHAP for the four source categories 
mentioned above were proposed on December 6, 2000 (65 FR 76408). The 
comment letters received on the proposal are available in Docket No. A-
97-17 or the dockets established for the four source categories (see 
ADRESSESS), along with a summary of the comment letters and EPA's 
responses to the comments. In response to the public comments, EPA 
adjusted the final NESHAP where appropriate.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's final NESHAP will also be available on 
the WWW through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the NESHAP will be posted on the 
TTN's policy and guidance page for newly proposed or final rules at 
http://www.epa.gov/ttn/oarpg/t3pfpr.html. The TTN provides information 
and technology exchange in various areas of air pollution control. If 
more information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

[[Page 46259]]



----------------------------------------------------------------------------------------------------------------
                                                                                          Examples of regulated
               Category                       NAICS code                SIC code                 entities
----------------------------------------------------------------------------------------------------------------
Industrial...........................  325188, 325199.........  2819, 2869.............  Producers and
                                                                                          coproducers of
                                                                                          hydrogen cyanide and
                                                                                          sodium cyanide.
                                       325182.................  2895...................  Producers of carbon
                                                                                          black by thermal-
                                                                                          oxidative
                                                                                          decomposition in a
                                                                                          closed system, thermal
                                                                                          decomposition in a
                                                                                          cyclic process, or
                                                                                          thermal decomposition
                                                                                          in a continuous
                                                                                          process.
                                       325110.................  2869...................  Producers of ethylene
                                                                                          from refined petroleum
                                                                                          or liquid
                                                                                          hydrocarbons.
                                       325222.................  2824...................  Producers of spandex.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. Not all facilities classified under the NAICS or SIC codes are 
affected. Other types of entities not listed could be affected. To 
determine whether your facility is regulated by this action, you should 
examine the applicability criteria in Sec. 63.1104 of the final 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.
    Judicial Review: The NESHAP were proposed on December 6, 2000 (65 
FR 76408). This action announces EPA's final decisions on the NESHAP. 
Under section 307(b)(1) of the CAA, judicial review of the final NESHAP 
is available by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit by September 10, 2002. 
Only those objections to the NESHAP which were raised with reasonable 
specificity during the period for public comment may be raised during 
judicial review. Under section 307(b)(2) of the CAA, the requirements 
that are the subject of today's final NESHAP may not be challenged 
later in civil or criminal proceedings brought by EPA to enforce these 
requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Introduction
    A. What Is the Purpose of the NESHAP?
    B. What is the source of authority for development of NESHAP?
    C. What criteria are used in the development of NESHAP?
    D. Why is the EPA including today's standards in the generic 
MACT standards?
II. Summary of Major Comments and Changes Since Proposal to 40 CFR 
Part 63, Subpart YY and the Referenced Subparts
III. Cyanide Chemicals Manufacturing
    A. Summary of Environmental, Energy, Cost, and Economic Impacts
    B. Summary of Major Comments and Changes Since Proposal
IV. Carbon Black Production
    A. Summary of Environmental, Energy, Cost, and Economic Impacts
    B. Summary of Major Comments and Changes Since Proposal
    C. New Source Review/Prevention of Significant Deterioration 
Applicability
V. Ethylene Production
    A. Summary of Environmental, Energy, Cost, and Economic Impacts
    B. Summary of Major Comments and Changes Since Proposal
VI. Spandex Production
    A. Summary of Environmental, Energy, Cost and Economic Impacts
    B. Summary of Major Comments and Changes Since Proposal
VII. 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 1996 (SBREFA), 5 
U.S.C. 601, et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act
    J. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

I. Introduction

A. What Is the Purpose of the NESHAP?

    The purpose of the final NESHAP is to protect the public health by 
reducing emissions of HAP from facilities in four source categories: 
Cyanide Chemicals Manufacturing, Carbon Black Production, Ethylene 
Production, and Spandex Production.

B. 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 area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. The four 
categories of major sources for which NESHAP are being established by 
today's action were listed on the following dates: Cyanide Chemicals 
Manufacturing, July 16, 1992 (57 FR 31576) and February 12, 1998 (63 FR 
6291); Carbon Black Production, June 4, 1996 (61 FR 28197); Ethylene 
Production, June 4, 1996 (61 FR 28197); and Spandex Production, July 
16, 1992 (57 FR 31576). Major sources of HAP are those that have the 
potential to emit greater than 10 tons per year (tpy) of any one HAP or 
25 tpy of any combination of HAP.

C. 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. This level of control is commonly 
referred to as the 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 the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that 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 in the category or subcategory (or the best-performing 
five 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. We may establish standards more stringent 
than the floor based on the consideration of cost of achieving the 
emissions reductions, any health and

[[Page 46260]]

environmental impacts, and energy requirements.

D. Why Is the EPA Including Today's Standards in the Generic MACT 
Standards?

    We are including NESHAP for the Cyanide Chemicals Manufacturing, 
Carbon Black Production, Ethylene Production, and Spandex Production 
source categories under the generic MACT standards to reduce the 
regulatory burden associated with the development of separate 
rulemakings. An owner or operator should consult the generic MACT 
standards for information on applicability of the standards to their 
source, compliance schedules, and standards. The generic MACT standards 
generally refer the owner or operator to other subparts for 
requirements necessary to demonstrate compliance.
    We are including the NESHAP for the Cyanide Chemicals 
Manufacturing, Carbon Black Production, Ethylene Production, and 
Spandex Production source categories in the generic MACT standards to 
simplify the rulemaking process, to minimize the potential for 
duplicative or conflicting requirements, to conserve limited resources, 
and to ensure consistency of the air emissions requirements applied to 
similar emission points. We believe that the generic MACT regulatory 
framework is appropriate for these source categories because it allows 
us to incorporate specific applicability and control requirements that 
reflect our decisions on these source categories while also utilizing 
generic requirements previously established for similar emission 
sources that we have determined are also applicable here.

II. Summary of Major Comments and Changes Since Proposal to 40 CFR 
Part 63, Subpart YY and the Referenced Subparts

    The major comments received regard the performance specifications 
for continuous parameter monitoring systems (CPMS) that were proposed 
as an amendment to the referenced 40 CFR part 63, subpart SS. Other 
comments received on subpart YY and the referenced subparts and the 
responses to those comments are in Docket No. A-97-17.
    Several commenters stated that the proposed performance 
specifications for CPMS would be costly and would not provide an 
environmental benefit. We proposed performance specifications for CPMS 
to ensure that such systems are installed, calibrated, and operated in 
a manner that would yield accurate and reliable information regarding 
the performance of closed vent systems and control devices. Subpart SS 
currently states that ``all monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications or other written procedures that provide adequate 
assurance that the equipment would reasonably be expected to monitor 
accurately.'' Therefore, owners and operators are already required by 
subpart SS to follow written performance specifications, but not 
necessarily the ones that we proposed in the amendments.
    We have decided not to include the performance specifications for 
CPMS in the final subpart SS for two reasons. First, the number and 
complexity of the comments would not allow for the expeditious 
promulgation of the standards for the four source categories we are 
including under subpart YY. Second, we are currently developing 
performance specifications for CPMS to be followed by owners and 
operators of all sources subject to standards under 40 CFR part 63.
    Since owners and operators subject to subpart SS are currently 
required to follow specifications for CPMS, even though they may not be 
as specific as those we proposed, we have decided to wait for the 
rulemaking that will propose performance specifications for all of 40 
CFR part 63. We decided it would be premature to promulgate performance 
specifications for subpart SS when the performance specifications that 
would ultimately be promulgated for all of 40 CFR part 63 may be 
significantly different as a result of possible public comments 
received on that rulemaking.

III. Cyanide Chemicals Manufacturing

A. Summary of Environmental, Energy, Cost, and Economic Impacts

1. What Are the Air Quality Impacts?
    Nationwide baseline HAP emissions are estimated to be 238 megagrams 
per year (Mg/yr) (263 tpy). The final standards will reduce HAP 
emissions by approximately 106 Mg/yr (117 tpy). This is a 45 percent 
HAP emission reduction from the baseline level for this source category 
and a 58 percent reduction for those facilities required to install 
controls to comply with the final standards.
    We also estimate that the final standards will reduce emissions of 
volatile organic compounds (VOC) by 102 Mg/yr (113 tpy). We estimate 
that the final standards will result in an increase in sulfur oxides 
(SOX) emissions of 7.3 Mg/yr (8 tpy), an increase in 
nitrogen oxides (NOX) emissions of 10.3 Mg/yr (11.4 tpy), an 
increase in carbon monoxide (CO) emissions of 42.1 Mg/yr (46.4 tpy), 
and an increase in particulate matter (PM) emissions of 0.3 Mg/yr (0.3 
tpy). Increases in emissions would result from on-site combustion of 
fossil fuels and emission streams because of control device operations.
2. What Are the Non-Air Health, Environmental, and Energy Impacts?
    We believe that there will not be significant adverse non-air 
health, environmental or energy impacts associated with the final 
standards. This is supported by impacts analyses associated with the 
application of the control and recovery devices required under the 
final standards. We determine impacts relative to the baseline that is 
set at the level of control in absence of the rule.
    Control of equipment leaks is expected to reduce the amount of HAP-
containing material that would be discharged to a facility's wastewater 
treatment stream through equipment washdown or from stormwater runoff.
    The use of a scrubber for HAP control of emissions from vents will 
create HAP-containing effluent. It is anticipated that any wastewater 
stream created from the use of a scrubber would be treated at a 
facility's wastewater treatment system with other waste streams.
    There are minimal solid or hazardous waste impacts expected as a 
result of the final standards. A small amount of solid waste may result 
from replacement of equipment such as seals, packing, rupture disks, 
and other equipment components, such as pumps and valves. A minimum 
amount of solid or hazardous waste could also be generated from the use 
of steam strippers to control wastewater emissions. The possible 
sources generated include organic compounds recovered in the steam 
stripper overhead condenser or solids removed during feed pretreatment.
    The energy demands associated with the final standards will result 
from the use of additional electricity, natural gas, and fuel oil to 
run control equipment. The storage tank, transfer operations, equipment 
leak, and wastewater controls are not expected to require any 
additional energy. The total nationwide energy demand that would result 
from implementing the process vent controls is approximately 3.1  x  
10\14\ Joules per year.

[[Page 46261]]

3. What Are the Cost and Economic Impacts?
    The total estimated capital cost of the final standards is 
$939,000. The total estimated annual cost of the final standards is 
$2.4 million. These costs represent fourth quarter 1998 dollars.
    We prepared an economic impact analysis to evaluate the impacts 
that the final standards would have on the cyanide manufacturing 
market, consumers, and society. The total annualized social cost (in 
1998 dollars) of the final standards on the industry is $2.4 million, 
which is much less than 0.001 percent of total baseline revenue for the 
affected sources. A screening analysis indicates that no individual 
firm affected by the final standards for the cyanide chemicals 
manufacturing source category would experience costs in excess of 0.001 
percent of sales. For this reason, we believe that the impact of the 
final standards will be minimal. No cyanide chemicals manufacturing 
facility closures are expected.

B. Summary of Major Comments and Changes Since Proposal

    In response to comments received on the proposed standards, we made 
several changes to the final standards, as well as some clarifications 
designed to make our intentions clearer. The substantive comments and/
or changes and responses made since the proposal are summarized in the 
following paragraphs. Our complete responses to public comments are 
contained in a memorandum that can be obtained from the docket (see 
ADDRESSES section).
1. Applicability of the Rule
    Some commenters expressed that there was potential for confusion 
regarding the applicability of the rule. One commenter requested that 
we specifically exempt downstream equipment from the cyanide chemicals 
manufacturing NESHAP if the equipment is subject to another NESHAP.
    Another commenter expressed that confusion regarding the 
overlapping requirements affecting the same equipment could be reduced 
if refined hydrogen cyanide (HCN) ``burned on-site as a fuel in a 
boiler or industrial furnace'' was excluded as part of the HCN process. 
The commenter explained that some producers that generate HCN as a 
byproduct of acrylonitrile manufacture opt to burn the byproduct HCN 
on-site as a fuel in boilers and/or industrial furnaces where its end 
use is regulated under other standards.
    One commenter requested that we clarify and restrict the 
applicability of the rule by revising the definition of ``CCMPU'' as 
follows:

    Cyanide chemicals manufacturing process unit or CCMPU means the 
equipment assembled and connected by hard-piping or duct work to 
process raw materials to manufacture, store, and transport a cyanide 
chemicals product. A cyanide chemicals manufacturing process unit 
shall be limited to any one of the following: an Andrussow process 
unit, a BMA process unit, a sodium cyanide process unit, or a Sohio 
hydrogen cyanide process unit * * *.
    The commenter explained that, as proposed, the definition of CCMPU 
could include a chemical manufacturing process unit that creates HCN or 
sodium cyanide as an incidental or unintended byproduct that could be 
considered an affected source subject to the cyanide chemicals 
manufacturing requirements. The commenter stated that this 
clarification could also be fulfilled by modifying the definition for 
``cyanide chemicals product,'' as follows:

    Cyanide chemicals product means either hydrogen cyanide or 
sodium cyanide which is manufactured as the intended product of a 
CCMPU or a byproduct of the Sohio process. Other hydrogen cyanide or 
sodium cyanide byproducts, impurities, wastes and trace contaminants 
are not considered to be cyanide chemicals products.

    Based on comments received, we made a few changes to the final 
standards. To avoid overlapping requirements applying to downstream 
boilers and/or industrial furnaces, we excluded HCN vent streams used 
for fuel value in boilers and/or industrial furnaces from HCN chemical 
manufacturing processes. Exclusion of these boilers and industrial 
furnaces that use vented emissions for fuel value from the requirements 
of the cyanide chemicals manufacturing process control requirements is 
consistent with what is done in other MACT standards.
    We also made the commenter's suggested amendments to the ``CCMPU'' 
and ``cyanide chemicals product'' definitions in the final standards. 
These amendments were made because the intent of the commenter's 
suggested amendments is consistent with our intent, and we believe that 
the amended definitions will reduce any potential confusion regarding 
the applicability of the rule.
2. Process Vent Standards
    BMA/Andrussow process vent MACT control level. During our 
evaluation of comments received on the proposed process vent standards, 
we reevaluated the MACT level of control established for BMA/Andrussow 
process vents. Based on our reevaluation, we decided to remove from the 
MACT analyses HCN rich vent streams that are routed to a boiler or 
industrial furnace for use as fuel. We did this to be consistent with 
other NESHAP and because these vent streams are already regulated by 
other standards. Once we removed these streams and adjusted the floor 
based on new information received from industry, the MACT floor and 
MACT level of control was determined to reduce HAP emissions by 98 
weight-percent (rather than by 99 weight-percent) or to a concentration 
level of 20 parts per million by volume (ppmv). Therefore, the final 
standards have been modified to require that you reduce HAP emissions 
from Andrussow/BMA process vents by 98 weight-percent (rather than by 
99 weight-percent), or to a concentration level of 20 ppmv. Because the 
MACT level of control has been changed to 98 weight-percent, the final 
standards also allow you to comply with the requirements for Andrussow/
BMA process vents by routing emissions to a flare.
    Wet-end process vents. One commenter requested that the final 
standards clarify that cyanide chemical manufacturing wastewater 
collection systems and treatment equipment (tanks) containing discarded 
wastewater are not part of the process and are not subject to the 
process vent requirements. The commenter explained that weak HAP and 
cyanide bearing wastewater is sent to, and handled in, on-site 
wastewater collection and treatment systems and collected in sumps and 
pumped into tanks where the wastewater is either recycled to recover 
HCN, or treated in these tanks by hydrolysis and alkaline chlorination. 
The commenter stated that such vents should be clarified to be subject 
to the requirements specified for process and maintenance wastewater 
control requirements under 40 CFR 63.1106 (a) and (b).
    Based on this comment, we evaluated the wet end of the sodium 
cyanide process unit regarding the clarity of the applicability of the 
wet-end process vent requirements versus the applicability of discarded 
process wastewater vent requirements. Based on the definitions for 
``wet-end process vent,'' ``wastewater,'' and ``process wastewater,'' 
applicability of requirements appeared to be clear. However, to avoid 
any potential applicability confusion, the final standards include an 
amended definition for ``wet-end process vent'' that specifically 
clarifies that discarded water that is no longer used in the production 
process is considered to be process wastewater and that vents from 
process and maintenance wastewater

[[Page 46262]]

operations are not wet-end process vents.
    Annual emissions. One commenter stated that the MACT floor 
determination for Andrussow/BMA process vents was based on annual 
emissions and the proposed standards require compliance with the floor 
level of control based on a formula that calculates an overall HAP 
emission reduction based on hourly emission rates. The commenter 
requested that compliance be based on meeting the proposed weight-
percent reduction on an annual basis to be consistent with the MACT 
floor. The commenter also requested that Item 2 of Table 9 be modified 
as follows:

    a. Reduce the overall annual emission of total HAP from the 
collection of process vents from continuous unit operations in the 
process unit by 99 weight-percent in accordance with paragraph 
(g)(4) of this section.

    We agree that the MACT floor for Andrussow/BMA process vents was 
based on annual emissions and, therefore, compliance with MACT should 
also be based on annual emissions. We have amended the final standards 
(Item 2 of Table 9 of Sec. 63.1103(g)) as suggested by the commenter.
3. Unsafe-to-Monitor Equipment
    Two commenters expressed safety concerns with the proposed leak 
detection and repair (LDAR) provisions. It was expressed that many of 
the lines in HCN service are intentionally placed in out-of-the-way 
locations to minimize risk in the event of a leak. One commenter 
requested that we either exempt ``unsafe-to-monitor'' equipment 
components from the LDAR program or stay implementation of these 
requirements to allow adequate opportunity to investigate safer methods 
than those proposed. The commenter explained that a large percentage of 
pipeline components in HCN service that would be subject to the 
proposed LDAR provisions are elevated and are not accessible during 
operation due to safety concerns. The commenter stated that facilities 
already have procedures in place to ensure that there are no leaks when 
equipment is in HCN service. Industry feedback indicates that HCN 
equipment is unsafe to monitor at all times that equipment is in 
operation.
    Based on our evaluation of the comments received regarding safety 
concerns with the proposed LDAR provisions, we concur that there are 
some equipment components that may never be safe to monitor. Therefore, 
we have added language to the final standards specifying that you are 
allowed to designate ``unsafe-to-monitor'' equipment with your 
Notification of Compliance Status report. If it is demonstrated to the 
Administrator's satisfaction that designated equipment is never safe to 
monitor, you would not be required to monitor the designated equipment.
4. Hydrogen Fueled Flares
    Destruction efficiency. One commenter expressed that a 99%+ 
destruction efficiency is supported for hydrogen flares based on data 
included in the EPA's ``Basis for Hydrogen Flaring'' report. The 
commenter stated that these data were based on test methods developed 
with the EPA and a special flare test-rig built for the experiment.
    Another commenter requested that we add language to 40 CFR 
63.1103(g)(4)(ii)(B) to allow an owner or operator of a cyanide 
manufacturing facility to include a flare control efficiency greater 
than 98% in the calculation of the overall HAP emission reduction, 
provided they can demonstrate a higher control efficiency based on 
technically relevant measurements that are of sufficient quality, 
considering data variability.
    We agree with the commenters that an owner or operator of a cyanide 
manufacturing facility should be allowed to include a flare control 
efficiency greater than 98% in the calculation of their overall HAP 
emission reduction provided they can demonstrate a higher control 
efficiency for their flare. Therefore, the final standards allow an 
owner or operator to include a flare control efficiency greater than 
98% in the calculation of their overall HAP emission reduction if they 
can demonstrate, to the Administrator's satisfaction, a greater control 
efficiency (40 CFR 63.1103(g)(4)(ii)(A)).
    Flare compliance monitoring requirements. Several commenters 
recommended that a waiver from testing for all HCN flares be granted. 
Specifically, one commenter requested a waiver from testing of the net 
heating value using EPA Method 18, and two commenters requested that a 
waiver from testing the velocity, using EPA Method 2, 2A, 2C, or 2D of 
40 CFR part 60, appendix A, be granted (40 CFR 63.11(b)(6)(ii) and 
(7)(i), respectively). One commenter expressed that flow velocity 
testing using EPA Method 2, 2A, 2C, 2D, or 2G of 40 CFR part 60, 
appendix A, require the insertion of a probe into the waste gas stream 
which poses safety risks.
    Based on comments received regarding it being unsafe to test HCN-
rich vent streams to flares, and our evaluation of the comments, we 
have included provisions in the final standards that allow an owner or 
operator to submit engineering calculations and/or data to substantiate 
that flares meet applicable heat content and flow rates under worst 
case conditions (40 CFR 63.987(b)(3)(v) and (4)).

IV. Carbon Black Production

A. Summary of Environmental, Energy, Cost, and Economic Impacts

1. What Are the Air Quality Impacts?
    We estimate that the final NESHAP will reduce HAP emissions by 
1,830 Mg/yr (2,020 tpy). This is a 26 percent HAP emission reduction 
from the total baseline HAP emissions, and a 95 percent HAP emission 
reduction for those facilities required to install controls to meet the 
standards.
    We estimate that the final NESHAP will reduce CO emissions by 
474,000 Mg/yr (522,000 tpy); VOC by 16,900 Mg/yr (18,600 tpy); hydrogen 
sulfide by 10,300 Mg/yr (11,300 tpy); and PM by 740 Mg/yr (820 tpy). We 
estimate that the final NESHAP will increase SOX emissions 
by 32,900 Mg/yr (36,200 tpy) as a result of on-site combustion of 
fossil fuels. However, the air quality benefits of the final NESHAP 
(i.e., reduction in HAP, CO, VOC, and hydrogen sulfide emissions) 
outweigh the negative impacts associated with the anticipated increases 
in emissions of SOX and NOX.
2. What Are the Cost and Economic Impacts?
    The total estimated capital cost of the final NESHAP is $54.9 
million. The total estimated annual cost of the final NESHAP is $11.2 
million. These costs represent fourth quarter 1998 dollars.
    We prepared an economic impact analysis to evaluate the impacts the 
final NESHAP will have on the industry, market, consumers, and society. 
The total annualized social cost (in 1997 dollars) of the final NESHAP 
to the industry is $11.2 million, which is less than 0.001 percent of 
total baseline revenue for the affected sources. A screening analysis 
suggests only one of the firms affected by the final NESHAP will 
experience costs in excess of 1 percent of sales, and no firm will 
experience costs in excess of 1.5 percent of sales. For this reason, we 
believe that the impact of the final NESHAP will be minimal. We expect 
no facility closures as a result of the final NESHAP.

[[Page 46263]]

3. What Are the Non-Air Health, Environmental, and Energy Impacts?
    We believe that there will not be any significant adverse non-air 
health, environmental or energy impacts associated with the final 
NESHAP. This is supported by impacts analyses associated with the 
application of control and recovery devices required under the final 
NESHAP.
    There are no water pollution or solid waste impacts expected from 
the use of air emission control devices as a result of the final 
NESHAP. An increase in energy consumption will result from the use of 
combustion control systems. We estimate that carbon black production 
facilities will consume an additional 186 million cubic feet of natural 
gas per year to meet the regulatory requirements of the final NESHAP. 
This represents an increase in total domestic natural gas consumption 
of less than 1/100th of one percent.

B. Summary of Major Comments and Changes Since Proposal

    In response to comments received on the proposed standards for the 
Carbon Black Production source category, we made several changes to the 
final NESHAP. Only one substantive change was made based on comments 
received on the proposal. We have summarized the relevant comment/
change made in the following paragraphs. Our complete responses to 
public comments are contained in a memorandum that can be obtained from 
the docket (see ADDRESSES section).
    One commenter requested an exemption from the closed vent system 
initial and annual closed vent system inspection requirements. The 
commenter expressed that certain safety features are incorporated into 
their closed vent system operations to protect against overpressure in 
the case of catastrophic failure of their process filter systems. 
Concern was expressed that the proposed initial and annual closed vent 
system inspection requirements may defeat these safety measures because 
cost-effective technology to provide leak proof seals for the extreme 
operating temperature ranges that occur in the carbon black production 
process is not available. The commenter explained that the catastrophic 
loss of a bag filter due to gaseous build-up and failure can result in 
ignition of gases, fires, and explosions. In order to prevent the 
failure of the compartments, industry isolates the failed compartment 
from the process. Safety relief valves (e.g., weighted-lid systems) are 
designed into the system to relieve excess pressures, to prevent fires 
and explosions, and to prevent loss of compartments. The commenter 
explained that a typical pressure relief device used in carbon black 
production does not seal 100 percent, but that the process emits very 
small amounts of HAP, and single bag failure results in emissions that 
lead to opacity exceedances.
    We evaluated the commenter's concerns and request for exemption 
from closed vent system inspection requirements for specified pressure 
relief devices used to protect against overpressure in the case of 
catastrophic failure of their process filter systems. Based on safety 
concerns and technology considerations, we have included provisions in 
the final NESHAP that exempt pressure relief devices that meet 
specified criteria (i.e., devices used to protect against overpressure 
in the case of catastrophic failure of the process filter system) from 
the closed vent system inspection requirements of 40 CFR 63.983(b) and 
(c). The final NESHAP require that exempted pressure relief devices 
meeting criteria specified in the NESHAP be identified in your 
Notification of Compliance Status report.

C. New Source Review/Prevention of Significant Deterioration 
Applicability

    A question arose concerning the potential installation of 
cogeneration technology at carbon black plants which would recover 
waste heat and gas for use as a fuel input for power generation. This 
technology could potentially be used to meet the HAP control 
requirements of the NESHAP. However, cogeneration may result in 
NOX emissions during normal operation. If NOX 
emission increases are great enough, they may trigger the need for 
preconstruction permits under the nonattainment new source review (NSR) 
or prevention of significant deterioration (PSD) program. It is 
possible, however, that we could consider the application of 
cogeneration technology to be a pollution control project (PCP), as 
defined within the context of PSD and NSR, such that cogeneration 
facilities installed as a result of the NESHAP would qualify for an 
exemption from NSR/PSD.
    In 1992, we adopted an explicit PCP exclusion for electric utility 
steam generating units (57 FR 32314). In a July 1, 1994, guidance 
memorandum, we provided guidance to permitting authorities on the 
approvability of PCP exclusions for source categories other than 
electric utilities. In that guidance (available at http://www.epa.gov/rgytgrnj/programs/artd/air/nsr/nsrmemos/pcpguide.pdf), we indicated 
that add-on controls and fuel switches to less polluting fuels may 
qualify for an exclusion from major NSR as a PCP. To be eligible to be 
excluded from otherwise applicable major NSR requirements, a PCP must, 
on balance, be ``environmentally beneficial,'' and the permitting 
authority must ensure that the project will not cause or contribute to 
a violation of the national ambient air quality standards (NAAQS) or 
PSD increment, or adversely affect visibility or other air quality 
related values (AQRV) in a Class I area, and that offsetting reductions 
are secured in the case of a project which would result in a 
significant increase of a nonattainment pollutant. The permitting 
authority can make these determinations outside of the major NSR 
process. The 1994 guidance did not supercede existing NSR requirements, 
including approved State NSR programs, nor void or create an exclusion 
from any applicable minor source preconstruction review requirements in 
an approved State implementation plan (SIP). Any minor NSR permitting 
requirements in a SIP would continue to apply, regardless of any 
exclusion from major NSR that might be approved for a source under the 
PCP exclusion policy.
    We believe that the current guidance on the PCP exclusion 
adequately provides for the possible exemption from major NSR for 
cogeneration technology resulting from the NESHAP. Permitting 
authorities should follow that guidance to the extent allowed under the 
applicable SIP in order to determine whether the installation of 
cogeneration technology in a given circumstance qualifies as a PCP. 
Projects that qualify for the exclusion would be covered under minor 
source regulations in the applicable SIP, and permitting authorities 
would be expected to provide adequate safeguards against NAAQS and 
increment violations and adverse impacts on AQRV in Federal Class I 
areas. Only in those areas where potential adverse impacts cannot be 
resolved through the minor NSR programs or other mechanisms would major 
NSR apply.

V. Ethylene Production

A. Summary of Environmental, Energy, Cost, and Economic Impacts

    Environmental, energy, cost, and economic impacts were estimated 
for the proposed ethylene production NESHAP. No changes have been made 
to the provisions for process vents, storage vessels, transfer 
operations, or equipment leaks that would affect these estimates. The 
changes that were made

[[Page 46264]]

to the waste and heat exchange system requirements did not materially 
change the estimated impacts. The changes generally refined the NESHAP 
provisions and made them consistent with the basis of the original 
estimates; therefore, the impacts estimates have not been revised.
    Specifically, the original estimates of impacts associated with 
heat exchange system requirements were estimated to be minimal because 
the proposed NESHAP would have required monthly monitoring which is 
already being performed by most facilities. As pointed out by several 
comments, most facilities are not testing at the inlet and outlet of 
each heat exchanger, as required in the proposed NESHAP, and such a 
requirement would result in increased compliance costs. However, this 
requirement has been removed from the NESHAP, making the requirements 
consistent with the basis of the original impacts assessment.
    Although the requirements for waste have been significantly 
revised, they remain consistent with the basis for the original impacts 
assessment. The original assessment was based on the assumption that 
facilities with a total annual benzene (TAB) quantity less than 10 Mg/
yr would have to add equipment to manage and treat waste streams. The 
revised waste requirements maintain this requirement. For facilities 
with a TAB quantity greater than 10 Mg/yr, the majority of comments 
regarding the impacts estimated for waste concerned the fact that costs 
were not included for facilities that will have to add equipment to 
manage and treat streams that were previously uncontrolled due to a 
compliance option. The revised NESHAP allow facilities to use the 
compliance options; therefore, it is not necessary to revise the 
impacts assessment.
    The estimates of environmental, energy, cost, and economic impacts, 
which have not been revised, are presented in detail in the preamble 
for the proposed ethylene production NESHAP (65 FR 76433, December 6, 
2000). In summary, it is estimated that the NESHAP will decrease HAP 
emissions by 60 percent or 992 Mg/yr (1,090 tpy) and VOC emissions by 
64 percent or 9,271 Mg/yr (10,188 tpy). The annual cost (including 
amortized capital costs, operating and maintenance costs, and recovery 
credits) is estimated to range from $7,600 per year for facilities 
already managing and treating their waste according to the Benzene 
Waste Operations NESHAP to $1.3 million per year for facilities with a 
TAB quantity less than 10 Mg/yr that are not currently subject to the 
Benzene Waste Operations NESHAP requirements to manage and treat waste 
streams. No adverse economic impact is expected and no significant 
adverse non-air health, environmental, or energy impacts are expected 
to result from compliance with the ethylene production NESHAP.

B. Summary of Major Comments and Changes Since Proposal

    Comments on the proposed NESHAP were received from ten different 
entities. A comprehensive summary of public comments can be found in 
the document entitled ``National Emission Standards for Hazardous Air 
Pollutants--Ethylene Production, Background Information Document for 
Final Standards, Summary of Public Comments and Responses'' (the 
ethylene production NESHAP BID). The BID contains summaries of all of 
the comments received with corresponding responses that describe all of 
the changes that have been made to the NESHAP.
    The most significant comments concerned three emission types: 
waste, heat exchange systems, and equipment leaks. These comments also 
resulted in the most significant changes to the proposed NESHAP. The 
following sections summarize the comments received and changes that 
have been made regarding waste, heat exchange systems, and equipment 
leaks.
1. Waste Operations
    Several commenters disagreed with the determination of MACT for 
waste for a variety of reasons. Generally, commenters argued that the 
MACT floor should be based on the Benzene Waste Operations NESHAP. As 
such, commenters viewed our proposed requirements as more stringent 
than the MACT floor, which they stated are not justified. Commenters 
mainly disagreed with the fact that the proposed waste requirements did 
not include the 1, 2, and 6 Mg/yr compliance options, the 10 Mg/yr TAB 
quantity applicability cut-off, and applicability and treatment 
requirements based on benzene. We considered each of the specific 
issues and came to the conclusions discussed in the following sections.
    Compliance options. At proposal, we determined that the standard 
requirements of the Benzene Waste Operations NESHAP represented the 
MACT floor for both new and existing ethylene sources. The standard 
Benzene Waste Operations NESHAP requirements state that facilities with 
10 Mg/yr or greater TAB quantity must control waste streams that have 
flow rates of at least 0.02 liters per minute (lpm), wastewater 
quantities of at least 10 Mg/yr, and benzene concentrations of at least 
10 parts per million by weight (ppmw). In addition to the standard 
control requirements, the Benzene Waste Operations NESHAP includes 
three compliance options that allow a facility to chose which streams 
to manage and treat as long as certain conditions are met: either the 
TAB quantity for the untreated waste streams cannot exceed 2 Mg/yr, the 
facility TAB quantity for treated and untreated process wastewater 
streams is less than 1 Mg/yr, or the facility TAB quantity for all 
waste streams with at least 10 percent water content is less than 6 Mg/
yr. These options are referred to as the 1, 2, and 6 Mg/yr compliance 
options. The waste or wastewater streams that can be exempted from 
management and treatment vary with the different compliance options. 
Details of these compliance options are specified in 40 CFR 61.342(c), 
(d), and (e) of the Benzene Waste Operations NESHAP.
    Commenters disagreed with the fact that the compliance options were 
not included in the waste requirements for the proposed Ethylene 
Production NESHAP. Generally, the commenters argued that the compliance 
options have been found to be equivalent to the standard requirements 
of the Benzene Waste Operations NESHAP, through development of the 
Benzene Waste Operations NESHAP and the waste standards for the 
Petroleum Refineries NESHAP and, therefore, should be included. The 
commenters also noted that three of the five best performing facilities 
are using a compliance option.
    Since proposal of the Ethylene Production NESHAP, we have obtained 
information on which facilities are using compliance options and what 
streams they are controlling. Our general finding is that, regardless 
of how a facility is complying with the Benzene Waste Operations 
NESHAP, facilities typically control continuous streams, and facilities 
tend not to control intermittent streams. Examples of streams that are 
typically not controlled are samples and maintenance waste (both during 
normal operations and turn-arounds). The fact that the same types of 
streams are typically being controlled, regardless of whether a 
facility is complying with the standard requirements or a compliance 
option, supports the finding that the 1, 2 and 6 Mg/yr compliance 
options are equivalent to the standard Benzene Waste Operations NESHAP 
requirements (and to each other) in the level of control achieved at 
ethylene production facilities. Therefore, we have determined that it 
is appropriate to include the 1, 2, and 6 Mg/yr

[[Page 46265]]

compliance options in the Ethylene Production NESHAP.
    10 Mg/yr applicability cut-off. Under the proposed NESHAP, all 
ethylene production facilities that are major sources of HAP emissions, 
including those with a TAB quantity less than 10 Mg/yr, would have been 
required to comply with the waste management and treatment 
requirements. Facilities with a TAB quantity less than 10 Mg/yr are not 
currently required to comply with the management and treatment 
requirements of the Benzene Waste Operations NESHAP. Commenters argued 
that because the Benzene Waste Operations NESHAP represents the floor, 
the 10 Mg/yr applicability cut-off should be included in the Ethylene 
Production NESHAP. Commenters cited the Petroleum Refineries NESHAP as 
a precedent, noting that the Benzene Waste Operations NESHAP was 
determined to represent the MACT floor for waste control at petroleum 
refineries and the Petroleum Refineries NESHAP does not require control 
of waste at sources with a TAB quantity less than 10 Mg/yr.
    Review of the practices in use at the five best performing ethylene 
production facilities (representing 12 percent of the industry) shows 
that four of the five are subject to and, therefore, are assumed to be 
complying with the management and treatment requirements of the Benzene 
Waste Operations NESHAP. Only one of the best performing facilities is 
not required to comply with the management and treatment requirements 
of the Benzene Waste Operations NESHAP because the TAB quantity for the 
facility is less than 10 Mg/yr. Exempting facilities with a TAB 
quantity less than 10 Mg/yr from management and treatment requirements 
would not reflect the level of control achieved by the average of the 
five best-performing facilities.
    We have determined that the MACT floor for waste includes the 
management and treatment of waste streams from ethylene production, 
regardless of a facility's TAB quantity. However, using the Benzene 
Waste Operations NESHAP stream applicability requirements to determine 
which streams must be controlled at facilities with a TAB quantity less 
than 10 Mg/yr may not be appropriate. The 1, 2, and 6 Mg/yr compliance 
options are not appropriate because their use at a facility with a TAB 
quantity less than 10 Mg/yr could result in no waste streams being 
controlled. For example, the 6 Mg/yr option allows a facility to choose 
which streams to manage and treat as long as the TAB quantity for all 
streams is less than 6 Mg/yr. If the TAB quantity for the facility is 
already 6 Mg/yr or less, no streams would have to be managed and 
treated, which is not consistent with the MACT floor level of control. 
Requiring facilities to comply with the standard requirements of the 
Benzene Waste Operations NESHAP would also not be appropriate because 
it may require the facilities to treat intermittent streams which are 
generally not controlled by the best-performing facilities that form 
the basis of the MACT floor determination.
    We have determined that the most appropriate way to require 
facilities with a TAB quantity less than 10 Mg/yr to achieve the level 
of control achieved by the best-performing facilities is to specify the 
streams that must be controlled. Data received since proposal indicate 
that the best performing ethylene facilities control two types of 
streams as part of their Benzene Waste Operations NESHAP compliance 
strategy: (1) Spent caustic streams (wastes from the caustic washing 
process to remove sulfur compounds and other contaminants from the 
process stream), and (2) dilution steam blowdown streams (condensed 
steam used to quench the cracked gas condensates). We have determined 
that it is appropriate to apply the flow rate and concentration control 
applicability cut-offs in the standard requirements of the Benzene 
Waste Operations NESHAP to these streams. The best-performing 
facilities are generally not controlling intermittent streams.
    Based on this information, the Ethylene Production NESHAP have been 
revised to require that facilities with a TAB quantity less than 10 Mg/
yr manage and treat, according to the requirements of the Benzene Waste 
Operations NESHAP, each spent caustic and dilution steam blowdown waste 
stream with a benzene concentration greater than or equal to 10 ppmw, a 
flow rate greater than or equal to 0.02 lpm, and an annual wastewater 
quantity greater than or equal to 10 Mg/yr. The control requirements 
for these streams apply at all times except during periods of startup, 
shutdown, and malfunction (SSM), if the SSM precludes the ability to 
comply and the facility follows the provisions of their SSM plan.
    Benzene as a surrogate. One modification made to the Benzene Waste 
Operations NESHAP requirements for the proposed Ethylene Production 
NESHAP waste requirements was to base the requirements on total HAP 
rather than benzene. For example, in the standard requirements of the 
Benzene Waste Operations NESHAP, a stream containing less than 10 ppmw 
of benzene is not required to be managed and treated. Under the 
proposed Ethylene Production NESHAP, streams containing less than 10 
ppmw total HAP would not have been required to be managed and treated. 
Similarly, the Benzene Waste Operations NESHAP require streams to be 
treated to reduce benzene to 10 ppmw or by 99 percent while the 
proposed Ethylene Production NESHAP would have required streams to be 
treated to reduce total HAP to 10 ppmw or by 99 percent.
    Several commenters disagreed with EPA's decision to base 
applicability and treatment requirements on total HAP rather than 
benzene. Commenters argued that because they are currently treating 
wastes based on benzene concentration, the requirement to treat wastes 
based on total HAP concentration is an above-the-floor option. The 
commenters stated that existing treatment systems are not likely to be 
capable of treating to the more stringent standards based on total HAP. 
Commenters stated that although the additional costs would be 
significant, the additional emission reductions would be minimal 
because benzene is generally an appropriate surrogate for HAP, and 
little additional emission reduction would be achieved.
    Our original intent in proposing stream applicability and treatment 
requirements on total HAP content rather than benzene content was to 
ensure that streams containing HAP other than benzene are treated and 
controlled. We maintain that because compliance with the Benzene Waste 
Operations NESHAP represents the MACT floor and results in control of 
HAP other than benzene, the MACT floor includes control of HAP other 
than benzene. However, we have determined that it is not necessary to 
base stream applicability and treatment requirements on total HAP to 
ensure that all HAP are managed and treated. Information obtained 
through survey responses and comments shows that, with few exceptions, 
all of the waste streams from ethylene production units that contain 
HAP contain benzene. According to commenters (Docket A-98-22), of all 
the waste streams generated by 33 ethylene manufacturing production 
units, only two do not contain benzene but contain other HAP. One 
stream is generated from a reflux drum on a debutanizer column. The 
stream contains 1,3-butadiene and has a flow rate of 2 gallons per 
minute. The other stream is an intermittent stream that is generated 
during turnarounds that contains naphthalene. Applying the finding that 
the best-performing

[[Page 46266]]

facilities generally control continuous streams but not intermittent 
streams, either due to flow rate and concentration cut-offs or use of a 
compliance option, we have determined that controlling the continuous 
1,3-butadiene stream, but not the naphthalene turnaround stream, is 
consistent with the MACT floor. To ensure that continuous streams that 
contain HAP other than benzene are controlled, while at the same time 
minimizing the burden of identifying these streams, we are specifically 
requiring management and treatment of waste streams that contain 
greater than or equal to 10 ppmw of 1,3-butadiene. To ensure that this 
requirement does not result in the control of intermittent streams that 
are generally not controlled, the flow rate applicability cutoffs for 
benzene-containing streams (0.02 lpm or 10 Mg/yr wastewater quantity) 
also applies to the butadiene streams.
    We have determined that it is not necessary to express the 
treatment requirements in terms of total HAP. We agree with commenters 
that treatment and control devices used to remove or destroy benzene 
will remove and destroy the other HAP regulated by this rule to 
approximately the same level. Benzene can be used as a surrogate to 
determine treatment and control efficiencies. If no benzene is present 
in a regulated stream, another HAP (such as 1,3-butadiene) must be used 
to show that treatment and control efficiencies required for benzene 
are achieved for that HAP. In such cases, compliance can also be 
demonstrated by routing the stream to a control device that is being 
used to comply with the Benzene Waste Operations NESHAP.
    Off-site waste treatment. Some facilities send their regulated 
wastes off-site for treatment by another entity. The proposed rule 
specified that wastes must not be transferred unless the transferee has 
submitted to EPA a certification that they will manage and treat the 
waste in accordance with the rule and that they accept the 
responsibility for compliance. Several commenters stated that the 
certification requirements should be deleted.
    The final rule retains the certification requirements. The 
discharger has the ultimate responsibility for assuring that waste 
transferred to another party for off-site treatment is treated in 
conformity with the applicable standard. The transferee is acting as 
the agent of the discharger when it accepts responsibility for treating 
the waste. The provisions in the proposal requiring certification by 
the transferee are less onerous for the discharger than the only 
practicable alternative, which would require that the discharger 
actively supervise the activities of the offsite treatment facility. 
The certification provisions are similar to the requirements of 40 CFR 
part 63, subpart G (the Hazardous Organic NESHAP), and will pose no 
unreasonable burden on the generators or receivers of the waste.
2. Heat Exchange Systems
    Sampling location. The proposed Ethylene Production NESHAP included 
requirements to sample cooling water at the inlet and outlet of each 
heat exchanger for the presence of compounds that indicate a leak. 
Sampling at each heat exchanger was required to address the fact that 
cooling water circulation rates through ethylene production units tend 
to be relatively high. Obtaining only one inlet and outlet sample for 
the entire system (for example, at the cooling tower) could result in a 
leak not being detected because the concentration of the leaked 
compound could be lower that the detection limit of the testing method 
used.
    Several commenters argued that the requirement does not reflect the 
floor level of control, stating that none of the best-performing 
facilities are required to test at the inlet and outlet of every heat 
exchanger. These commenters argued that such a requirement would be an 
above-the-floor option that is not cost effective. Several commenters 
provided estimates of the additional costs associated with sampling and 
testing at each heat exchanger. The estimated annualized costs provided 
by the commenters ranged from $60,000 to $1.2 million per year for a 
single ethylene production unit.
    One commenter suggested an approach for addressing the circulation 
rate issue. The commenter based the suggestion on the assumptions that: 
(1) The requirements of the Hazardous Organic NESHAP result in an 
adequate level of leak detection, and (2) the circulation rate of 
cooling water through an ethylene production unit is eight times the 
circulation rate through a Hazardous Organic NESHAP unit. Using these 
assumptions, the 1 ppmw leak definition of the Hazardous Organic NESHAP 
and the average of circulation rates reported for ethylene units in 
survey responses, the commenter estimated that a 6.35 pound per hour 
(lb/hr) leak rate would be detected at a Hazardous Organic NESHAP unit. 
The commenter suggested allowing facilities to decide where to test for 
leaks with the condition that a leak of this magnitude would be 
detected. The commenter stated that such a requirement would ensure a 
level of performance comparable to the Hazardous Organic NESHAP and 
would provide facilities flexibility to tailor a monitoring program to 
their unique circumstances. The commenter explained that one facility 
may choose to sample the combined cooling water flow from many heat 
exchangers using a test method with a relatively low detection limit, 
while another may sample the flow from fewer exchangers using a higher 
detection limit.
    Based on information provided by commenters, we agree that 
requiring testing at the inlet and outlet of each heat exchanger does 
not represent the floor level of control. We find that the suggestion 
to allow facilities to develop a site-specific sampling plan based on 
performance comparable to the Hazardous Organic NESHAP would represent 
the floor. We have reviewed and agree with the commenter's suggested 
approach for establishing the floor level sampling plan based on a 
specified leak detection limit, with one exception. We adjusted the 
calculation to correct an error in calculating the average circulation 
rate, which resulted in a leak rate that must be detected of 6.75 lb/
hr. Going beyond the floor to the proposed testing requirement would 
impose costs that are unreasonable given the small emissions reductions 
that would be achieved. The final rule allows the use of any sampling 
location plan that is sufficiently sensitive to detect a leak rate of 
6.75 lb/hr.
    Monitoring frequency. Commenters expressed concern that the 
proposed rule did not allow reduced heat exchanger monitoring frequency 
for sustained good performance, which is allowed in other LDAR 
programs. One of the commenters suggested that we adopt the Hazardous 
Organic NESHAP requirements for heat exchanges, which start with 
monthly monitoring and then allow quarterly monitoring. We agree with 
these comments in general. The floor for heat exchangers is an LDAR 
program with monthly monitoring. We recognize, however, that the 
emission performance of LDAR programs is variable and is influenced by 
a number of site-specific factors. We believe that providing an 
incentive in the final rule for reduced monitoring will encourage 
facilities to undertake measures to diagnose the causes of leaks and 
reduce the frequency of occurrence. Accordingly, the final rule 
includes a provision for reduced monitoring for units with sustained 
good performance in preventing leaks. This provision is generally 
consistent with the Hazardous Organic NESHAP, and we believe it is

[[Page 46267]]

equivalent to the floor and will provide an incentive for greater 
emissions reductions while minimizing monitoring burden.
    The final rule requires monthly monitoring for the first 6 months. 
If no leaks are detected during this period, then the monitoring 
frequency changes to quarterly. If a leak is subsequently detected, 
then monthly monitoring is required until the leak is repaired. After 
the leak is repaired, then monthly monitoring is required for 6 months. 
If no leaks occur during this period, the monitoring frequency returns 
to quarterly.
    Repair requirements. The proposed Ethylene Production NESHAP would 
have required a leak to be repaired within 15 days of being detected. 
Commenters stated that the best-performing facilities are not required 
to repair leaks within 15 days so this is an above-the-floor option. 
Commenters provided detailed comments on the steps and costs involved 
in repairing heat exchangers.
    Our original intent in requiring repair in 15 days was to provide 
consistency with the repair requirements for other leaking components. 
Through the comments received in response to the proposed NESHAP, we 
have learned that repairing heat exchangers is different than repairing 
other types of leaking components. According to commenters, to repair a 
heat exchanger, it must be shut down, isolated from the process, 
cleaned, opened, tested to find the leak(s), and repaired. The 
commenters added that removing an exchanger from service often requires 
a unit to be shutdown. Commenters provided the contrasting example of a 
leaking valve, for which packing and flange bolts can often simply be 
tightened externally or, in extreme cases, can be externally pumped 
with a sealant or clamped to repair. Based on the information received 
in response to the proposed NESHAP, we agree that the 15-day repair 
period is more stringent than the floor and that the more stringent 
requirement is not reasonable because it does not allow adequate time 
for repair. We have determined that a 45-day repair period represents 
the floor. This is the repair period allowed by the Hazardous Organic 
NESHAP. In addition to extending the repair period to 45 days, we have 
revised the repair and delay of repair provisions to be consistent with 
the Hazardous Organic NESHAP.
3. Equipment Leaks
    The proposed Ethylene Production NESHAP required connector 
monitoring. Commenters disagreed with the approach EPA used to 
determine the MACT floor, stating that HAP emissions from uncontrolled 
connectors are overestimated due to an inaccurate emission factor. One 
commenter (Docket A-98-22) provided an alternate emission factor based 
on data that they gathered from ethylene production units. According to 
the commenter, when their emission factor is used in the MACT floor 
analysis, it results in a different five best-performing facilities, of 
which only two perform connector monitoring. Commenters asserted that 
connector monitoring is, therefore, not part of the floor. In addition, 
one commenter explained that their study shows that there is no 
statistically significant difference between the average emission rates 
for connectors being monitored for the first time and those that are 
monitored as part of a continuing monitoring program. Commenters also 
provided cost data to show that some facilities will incur high costs 
to monitor connectors with no statistically measurable emissions 
benefit.
    Due to uncertainties regarding connector emission factors used in 
the original MACT floor analysis, we performed an analysis using an 
emission factor provided by a commenter; however, this does not mean 
that we have accepted the commenter's emissions factor as a more 
accurate estimator of connector emissions (Docket A-98-22). The 
objective of the analyses was to determine the impact using different 
connector emission factors would have on which facilities are 
determined to be the five best-performing sources. Although this 
analysis resulted in a slightly different five best-performing sources, 
the floor was the same, since three of the five facilities are 
monitoring connectors. Through this analysis, we have concluded that, 
regardless of the emission factor used, the majority of the best-
performing facilities are performing connector monitoring.
    We also conducted a study of the existing permits at certain 
facilities that had adopted permit conditions requiring 100 percent 
connector monitoring annually in exchange for emissions credits to be 
used for operational flexibility. In setting the MACT floor we found 
our knowledge of existing permit conditions compelling in terms of 
emissions benefits and therefore relevant in establishing the MACT 
floor. Certainly any monitoring worthy of conducting for the purpose of 
obtaining emissions credits was beneficial beyond cost.
    Based on these analyses, we conclude that connector monitoring is 
part of the MACT floor. We do not believe that the available data 
support the commenters' conclusion that connector monitoring should not 
be included in the MACT floor. However, in consideration of the data 
submitted by the industry, we elected to require compliance with 40 CFR 
part 63, subpart UU, National Emission Standards for Equipment Leaks, 
which requires connector monitoring, but also allows for reduced 
monitoring frequency for good performance instead of annual monitoring. 
This provides the opportunity to reduce monitoring costs in cases where 
a low proportion of connectors are leaking. In offering a performance-
based requirement for connector monitoring, we also have provided some 
consistency in approach with the heat exchanger and other equipment 
monitoring provisions.

VI. Spandex Production

A. Summary of Environmental, Energy, Cost, and Economic Impacts

1. What Are the Air Quality Impacts?
    There are no additional emissions reductions achieved by the final 
NESHAP. The level of control required by the final NESHAP is already in 
place at the two affected reaction spinning facilities.
2. What Are the Cost Impacts?
    The total estimated annual compliance cost of the final NESHAP is 
$78,040. This estimate includes annualized capital costs for monitoring 
equipment purchased. Annual costs also include monitoring, 
recordkeeping, and reporting costs. Costs were not included for control 
equipment since this is already in place at the two reaction spinning 
process facilities.
    The capital costs are estimated to be $32,820 (in 1998 dollars). 
The capital costs are for purchase of thermocouples and liquid flow 
transducers for CPMS equipment and closed vent systems leak detection 
monitors. These costs are more than likely an overestimate because the 
two affected facilities already have monitors on their carbon 
adsorbers.
3. What Are the Economic Impacts?
    The goal of the economic impact analysis is to estimate the market 
response of the spandex production facilities to the final NESHAP and 
to determine the economic effects that may result from the final 
NESHAP. The Spandex Production source category contains five 
facilities, but only the two facilities that use the reaction spinning 
process are affected by the final

[[Page 46268]]

NESHAP. These potentially affected facilities are owned by one company.
    Spandex fiber production leads to potential HAP emissions from 
fiber spinning lines, storage tanks, and process vents; however, the 
emission sources are well controlled by the affected spandex 
manufacturing facilities. The mandated levels of control are met at 
these sources; therefore, no costs for additional add-on air pollution 
control equipment are expected to be incurred by the spandex facilities 
to comply with the final NESHAP. Instead, the compliance costs for the 
final NESHAP relate primarily to monitoring, reporting, and 
recordkeeping activities. The estimated total annualized cost for the 
final NESHAP is $78,040, which represents less than 0.01 percent of the 
revenues of the companies that own the spandex manufacturing 
facilities. The final NESHAP are, therefore, expected to have a 
negligible impact on the Spandex Production source category.
    The economic impacts at the facility and company levels are 
measured by comparing the annualized compliance cost for each entity to 
its revenues. A cost-to-sales ratio is first calculated and then is 
multiplied by 100 to convert the ratio into percentages. For the final 
NESHAP, a cost-to-sales ratio exceeding 1 percent is determined to be 
an initial indicator of the potential for a significant facility 
impact. Revenues at the facility level are not available, therefore 
estimated facility revenues received from the sale of spandex fiber are 
used. Both affected facilities are expected to incur positive 
compliance costs. The ratio of costs to estimated revenues range from a 
low of 0.22 percent to a high of 0.35 percent. Thus, on average, the 
economic impact of the final NESHAP is minimal for the facilities 
producing spandex fibers.
    The share of compliance costs to company sales are calculated to 
determine company level impacts. One company owns the two affected 
facilities, so only one firm faces positive compliance costs from the 
final NESHAP. The ratio of costs to company revenues is 0.10 percent. 
At the company level, the final NESHAP are not anticipated to have a 
significant economic impact on companies that own and operate the 
spandex fiber facilities. For more information, consult the economic 
impact analysis report entitled, Economic Impact Analysis: Spandex 
Production, which is in the docket for the spandex source category.
4. What Are the Non-Air Health, Environmental and Energy Impacts?
    We believe that there would not be significant adverse 
environmental or energy impacts associated with the final NESHAP. The 
industry's baseline level of control is high, and the level of control 
required by the final NESHAP is currently being achieved for the 
emission point types. Environmental impacts from the application of the 
control or recovery devices proposed for the Spandex Production source 
category are also expected to be minimal for secondary air pollutants. 
In general, we determine impacts relative to the baseline that is set 
at the level of control in absence of the final NESHAP.
    There is no incremental increase in emissions related to water 
pollution or solid waste as a result of the final NESHAP.

B. Summary of Major Comments and Changes Since Proposal

    Comments on the proposed Spandex Production NESHAP were received 
from two different entities: the Institute of Clean Air Companies 
(ICAC) and Dupont. A summary and response to the general comments 
submitted can be found in Docket A-98-25.
    Dupont's comments expressed concern that because the dry spinning 
spandex production process was not mentioned in the proposal, this 
could be interpreted as no standard for this source category and, as a 
result, these facilities would be subject to a case-by-case MACT 
determination. The discussion of this comment can be found in direct 
final amendments that are being published separately in this issue of 
the Federal Register.

VII. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a final regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that today's final rule is not a ``significant regulatory 
action'' because it will not have an annual effect on the economy of 
$100 million or more and is therefore not subject to OMB review.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the rule. 
The EPA also may not issue a regulation that has federalism 
implications and that preempts State law unless the Agency consults 
with State and local officials early in the process of developing the 
rule.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the OMB, in a separately identified section of the 
preamble to the rule, a federalism summary impact statement (FSIS). The 
FSIS must include a description of the extent of EPA's prior 
consultation with State and local officials, a summary of the nature of 
their concerns and EPA's position supporting the need to issue the 
regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when EPA transmits a 
final rule with federalism implications to OMB for review

[[Page 46269]]

pursuant to Executive Order 12866, EPA must include a certification 
from its federalism official stating that EPA has met the requirements 
of Executive Order 13132 in a meaningful and timely manner.
    Today's final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. No 
facilities subject to the final rule are owned by State or local 
governments. Therefore, State and local governments will not have any 
direct compliance costs resulting from the final rule. Furthermore, EPA 
is directed to develop the final rule by section 112 of the CAA. Thus, 
the requirements of section 6 of the Executive Order do not apply to 
the final rule.

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'' is 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 final rule does not have tribal implications. It 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. 
Thus, Executive Order 13175 does not apply to the final rule.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, EPA must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by EPA.
    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 final rule is not 
subject to Executive Order 13045 because it establishes an 
environmental standard based on technology, not health or safety risk. 
No children's risk analysis was performed because no alternative 
technologies exist that would provide greater stringency at a 
reasonable cost. Furthermore, today's final rule has been determined 
not to be ``economically significant'' as defined under 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 
must generally prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to 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, we 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 final rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
by State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The total cost to the private sector is 
approximately $22.2 million per year. The final rule contains no 
mandates affecting State, local, or Tribal governments. Thus, today's 
final rule is not subject to the requirements of sections 202 and 205 
of the UMRA.
    We have determined that the final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because it contains no requirements that apply to such 
governments or impose obligations upon them.

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 us to give special consideration to the 
effect of Federal regulations on small entities and to consider 
regulatory options that might mitigate any such impacts. We must 
prepare a regulatory flexibility analysis unless we determine 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 the purposes of assessing the impacts of today's final rule on 
small entities, a small entity is defined differently for the four 
source categories for which we are proposing standards. Based on those 
definitions, there are no small entities affected by the final rule. 
Pursuant to the provisions of 5 U.S.C. 605(b), we have determined that 
the final rule will not have a significant economic impact on a 
substantial number of small entities.

G. Paperwork Reduction Act

    The information collection requirements in today's final rule have 
been submitted for approval to the OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. An ICR document has been prepared by EPA 
(ICR No.

[[Page 46270]]

1893.03) and a copy may be obtained from Susan Auby by mail at the U.S. 
EPA, Office of Environmental Information, Collection Strategies 
Division (2822T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, by 
e-mail at [email protected], or by calling (202) 566-1672. A copy may 
also be downloaded off the internet at http://www.epa.gov/icr. The 
information requirements are not effective until OMB approves them.
    Information is required to ensure compliance with the final rule. 
If the relevant information were collected less frequently, EPA would 
not be reasonably assured that a source is in compliance with the rule. 
In addition, EPA's authority to take administrative action would be 
reduced significantly.
    The final rule requires owners or operators of affected sources to 
retain records for a period of 5 years. The 5-year retention period is 
consistent with the General Provisions of 40 CFR part 63 and with the 
5-year record retention requirement in the operating permit program 
under title V of the CAA.
    The recordkeeping and reporting requirements of the final rule are 
specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All 
information submitted to us for which a claim of confidentiality is 
made will be safeguarded according to our policies in 40 CFR part 2, 
subpart B, ``Confidentiality of Business Information.''
    The EPA expects the final rule to affect a total of 75 facilities 
over the first 3 years. The EPA assumes that no new facilities will 
become subject to the rule during each of the first 3 years. The EPA 
expects 75 existing facilities to be affected by the final rule, and 
these existing facilities will begin complying in the third year.
    The estimated average annual burden for the first 3 years after 
promulgation of the rule for the industries and the implementing agency 
is outlined below. You can find the details of this information 
collection in the ``Standard Form 83 Supporting Statement for ICR No. 
1893.03,'' in Docket No. A-97-17.

----------------------------------------------------------------------------------------------------------------
                                                                                   Operating and
         Affected entity            Total hours     Labor costs    Capital costs    Maintenance     Total costs
                                                      (10 3$)         (10 3$)     costs  (10 3$)      (10 3$)
----------------------------------------------------------------------------------------------------------------
Industry........................          33,926           1,510           4,901              16           6,427
Implementing agency.............           3,465             117               0               0             117
----------------------------------------------------------------------------------------------------------------

    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. Control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 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.
    The final rule involves technical standards. The EPA cites the 
following methods in the final rule: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 
2F, 2G, 3B, 4, 18, 25, 25A, 27, 316, and 320. Consistent with the 
NTTAA, EPA conducted searches to identify voluntary consensus standards 
in addition to these EPA methods. No applicable voluntary consensus 
standards were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 27, and 
316. Three voluntary consensus standards were identified as acceptable 
alternatives to EPA test methods and procedures and are cited in the 
final rule.
    The voluntary consensus standard, American Society of Mechanical 
Engineers (ASME) PTC 19-10-1981--Part 10, Flue and Exhaust Gas 
Analyses, is cited in the final rule for its manual method for 
measuring the oxygen content of exhaust gas. Part 10 of ASME PTC 19-10-
1981 is an acceptable alternative to Method 3B.
    The voluntary consensus standard, American Society for Testing and 
Materials (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 the rule in addition to EPA Methods. 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 is a suitable alternative to Method 18 where: (1) The target 
compounds are those listed in Section 1.1 of ASTM D6420-99, and (2) the 
target concentration is between 150 parts per billion by volume and 100 
ppmv.
    For target compounds 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. For target compounds not listed in Table 1.1 of ASTM D6420-99 
and not amenable to detection by mass spectrometry, ASTM D6420-99 does 
not apply.

[[Page 46271]]

    The voluntary consensus standard, ASTM D1946-90 (2000), Standard 
Practice for Analysis of Reformed Gas by Gas Chromatography, is an 
acceptable method for measuring process vent emissions of carbon 
monoxide and hydrogen for the purposes of the final rule.
    The search and review results have been documented and are placed 
in the Generic MACT docket (Docket No. A-97-17).

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
SBREFA, generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. The EPA will submit a report 
containing this final rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States, prior to publication of the final rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2) and, therefore, will be effective 
on July 12, 2002.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action 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.

    Dated: May 15, 2002.
Christine Todd Whitman,
Administrator.

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

PART 63--[AMENDED]

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

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


    2. Part 63 is amended by adding a new subpart XX to read as 
follows:

Subpart XX--National Emission Standards for Ethylene Manufacturing 
Process Units: Heat Exchange Systems and Waste Operations

Sec.

Introduction

63.1080  What is the purpose of this subpart?
63.1081  When must I comply with the requirements of this subpart?

Definitions

63.1082  What definitions do I need to know?

Applicability for Heat Exchange Systems

63.1083  Does this subpart apply to my heat exchange system?
63.1084  What heat exchange systems are exempt from the requirements 
of this subpart?

Heat Exchange System Requirements

63.1085  What are the general requirements for heat exchange 
systems?

Monitoring Requirements for Heat Exchange Systems

63.1086  How must I monitor for leaks to cooling water?

Repair Requirements for Heat Exchange Systems

63.1087  What actions must I take if a leak is detected?
63.1088   In what situations may I delay leak repair, and what 
actions must I take for delay of repair?

Recordkeeping and Reporting Requirements for Heat Exchange Systems

63.1089   What records must I keep?
63.1090  What reports must I submit?

Background for Waste Requirements

63.1091  What do the waste requirements do?
63.1092  What are the major differences between the requirements of 
40 CFR part 61, subpart FF, and the waste requirements for ethylene 
production sources?

Applicability for Waste Requirements

63.1093  Does this subpart apply to my waste streams?
63.1094  What waste streams are exempt from the requirements of this 
subpart?

Waste Requirements

63.1095  What specific requirements must I comply with?
63.1096  What requirements must I comply with if I transfer waste 
off-site?

Implementation and Enforcement

63.1097  Who implements and enforces this subpart?

Tables to Subpart XX of Part 63

Table 1 to Subpart XX of Part 63--Hazardous Air Pollutants
Table 2 to Subpart XX of Part 63--Requirements of 40 CFR Part 61, 
Subpart FF, Not Included in the Requirements for This Subpart and 
Alternate Requirements

Introduction


Sec. 63.1080  What is the purpose of this subpart?

    This subpart establishes requirements for controlling emissions of 
hazardous air pollutants (HAP) from heat exchange systems and waste 
streams at new and existing ethylene production units.


Sec. 63.1081  When must I comply with the requirements of this subpart?

    You must comply with the requirements of this subpart according to 
the schedule specified in Sec. 63.1102(a).

Definitions


Sec. 63.1082  What definitions do I need to know?

    (a) Unless defined in paragraph (b) of this section, definitions 
for terms used in this subpart are provided in the Clean Air Act, 
Sec. 63.1103(e), and 40 CFR 61.341.
    (b) The following definitions apply to terms used in this subpart:
    Continuous butadiene waste stream means the continuously flowing 
process wastewater from the following equipment: The aqueous drain from 
the debutanizer reflux drum, water separators on the C4 crude butadiene 
transfer piping, and the C4 butadiene storage equipment; and spent wash 
water from the C4 crude butadiene carbonyl wash system. The continuous 
butadiene waste stream does not include butadiene streams generated 
from sampling, maintenance activities, or shutdown purges. The 
continuous butadiene waste stream does not include butadiene streams 
from equipment that is currently an affected source subject to the 
control requirements of another NESHAP. The continuous butadiene waste 
stream contains less than 10 parts per million by weight (ppmw) of 
benzene.
    Dilution steam blowdown waste stream means any continuously flowing 
process wastewater stream resulting from the quench and compression of 
cracked gas (the cracking furnace effluent) at an ethylene production 
unit and is discharged from the unit. This stream typically includes 
the aqueous or oily-water stream that results from condensation of 
dilution steam (in the cracking furnace quench system), blowdown from 
dilution steam generation systems, and aqueous streams separated from 
the process between the cracking furnace and the

[[Page 46272]]

cracked gas dehydrators. The dilution steam blowdown waste stream does 
not include dilution steam blowdown streams generated from sampling, 
maintenance activities, or shutdown purges. The dilution steam blowdown 
waste stream also does not include blowdown that has not contacted HAP-
containing process materials.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange 
system can include more than one heat exchanger and can include an 
entire recirculating or once-through cooling system.
    Process wastewater means water which comes in contact with benzene 
or butadiene during manufacturing or processing operations conducted 
within an ethylene production unit. Process wastewater is not organic 
wastes, process fluids, product tank drawdown, cooling water blowdown, 
steam trap condensate, or landfill leachate. Process wastewater 
includes direct-contact cooling water.
    Spent caustic waste stream means the continuously flowing process 
wastewater stream that results from the use of a caustic wash system in 
an ethylene production unit. A caustic wash system is commonly used at 
ethylene production units to remove acid gases and sulfur compounds 
from process streams, typically cracked gas. The spent caustic waste 
stream does not include spent caustic streams generated from sampling, 
maintenance activities, or shutdown purges.

Applicability for Heat Exchange Systems


Sec. 63.1083  Does this subpart apply to my heat exchange system?

    The provisions of this subpart apply to your heat exchange system 
if you own or operate an ethylene production unit expressly referenced 
to this subpart XX from subpart YY of this part. The provisions of 
subpart A (General Provisions) of this part do not apply to this 
subpart except as specified in subpart YY of this part.


Sec. 63.1084  What heat exchange systems are exempt from the 
requirements of this subpart?

    Your heat exchange system is exempt from the requirements in 
Secs. 63.1085 and 63.1086 if it meets any one of the criteria in 
paragraphs (a) through (e) of this section.
    (a) Your heat exchange system operates with the minimum pressure on 
the cooling water side at least 35 kilopascals greater than the maximum 
pressure on the process side.
    (b) Your heat exchange system contains an intervening cooling 
fluid, containing less than 5 percent by weight of total HAP listed in 
Table 1 to this subpart, between the process and the cooling water. 
This intervening fluid must serve to isolate the cooling water from the 
process fluid and must not be sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (c) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million by volume (ppmv) or less above 
influent concentration, or 10 percent or less above influent 
concentration, whichever is greater.
    (d) Your once-through heat exchange system is subject to a NPDES 
permit that meets all of the conditions in paragraphs (d)(1) through 
(4) of this section.
    (1) The permit requires monitoring of a parameter or condition to 
detect a leak of process fluids to cooling water.
    (2) The permit specifies the normal range of the parameter or 
condition.
    (3) The permit requires monthly or more frequent monitoring for the 
parameters selected as leak indicators.
    (4) The permit requires you to report and correct leaks to the 
cooling water when the parameter or condition exceeds the normal range.
    (e) Your recirculating or once-through heat exchange system cools 
process fluids that contain less than 5 percent by weight of total HAP 
listed in Table 1 to this subpart.

Heat Exchange System Requirements


Sec. 63.1085  What are the general requirements for heat exchange 
systems?

    Unless you meet one of the requirements for exemptions in 
Sec. 63.1084, you must meet the requirements in paragraphs (a) through 
(d) of this section.
    (a) Monitor the cooling water for the presence of substances that 
indicate a leak according to Sec. 63.1086.
    (b) If you detect a leak, repair it according to Sec. 63.1087 
unless repair is delayed according to Sec. 63.1088.
    (c) Keep the records specified in Sec. 63.1089.
    (d) Submit the reports specified in Sec. 63.1090.

Monitoring Requirements for Heat Exchange Systems


Sec. 63.1086  How must I monitor for leaks to cooling water?

    You must monitor for leaks to cooling water by monitoring each heat 
exchange system according to the requirements of paragraph (a) of this 
section, monitoring each heat exchanger according to the requirements 
of paragraph (b) of this section, or monitoring a surrogate parameter 
according to the requirements of paragraph (c) of this section. If you 
elect to comply with the requirements of paragraph (a) or (b) of this 
section, you may use alternatives in paragraph (d)(1) or (2) of this 
section for determining the mean entrance concentration.
    (a) Heat exchange system. Monitor cooling water in each heat 
exchange system for the HAP listed in Table 1 to this subpart (either 
total or speciated) or other representative substances (e.g., total 
organic carbon or volatile organic compounds (VOC)) that indicate the 
presence of a leak according to the requirements in paragraphs (a)(1) 
through (5) of this section.
    (1) You define the equipment that comprises each heat exchange 
system. For the purposes of implementing paragraph (a) of this section, 
a heat exchange system may consist of an entire heat exchange system or 
any combinations of heat exchangers such that, based on the rate of 
cooling water at the entrance and exit to each heat exchange system and 
the sensitivity of the test method being used, a leak of 3.06 kg/hr or 
greater of the HAP in Table 1 to this subpart would be detected. For 
example, if the test you decide to use has a sensitivity of 1 ppmv for 
total HAP, you must define the heat exchange system so that the cooling 
water flow rate is 51,031 liters per minute or less so that a leak of 
3.06 kg/hr can be detected.
    (2) Monitoring periods. For existing sources, monitor cooling water 
as specified in paragraph (a)(2)(i) of this section. Monitor heat 
exchange systems at new sources according to the specifications in 
paragraph (a)(2)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in either 
paragraph (a)(2)(i)(A) or (a)(2)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month 
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (a)(2)(i) of this section.
    (ii) Monitor the cooling water weekly for heat exchange systems at 
new sources.
    (3) Determine the concentration of the monitored substance in the 
heat

[[Page 46273]]

exchange system cooling water using any method listed in 40 CFR part 
136. Use the same method for both entrance and exit samples. You may 
validate 40 CFR part 136 methods for the HAP listed in Table 1 to this 
subpart according to the procedures in appendix D to this part. 
Alternative methods may be used upon approval by the Administrator.
    (4) Take a minimum of three sets of samples at each entrance and 
exit.
    (5) Calculate the average entrance and exit concentrations, 
correcting for the addition of make-up water and evaporative losses, if 
applicable. Using a one-sided statistical procedure at the 0.05 level 
of significance, if the exit mean concentration is at least 10 percent 
greater than the entrance mean, or a leak of 3.06 kg/hr or greater of 
the HAP (total or speciated) in Table 1 to this subpart or other 
representative substance into the cooling water is detected, you have 
detected a leak.
    (b) Individual heat exchangers. Monitor the cooling water at the 
entrance and exit of each heat exchanger for the HAP in Table 1 to this 
subpart (either total or speciated) or other representative substances 
(e.g., total organic carbon or VOC) that indicate the presence of a 
leak in a heat exchanger according to the requirements in paragraphs 
(b)(1) through (4) of this section.
    (1) Monitoring periods. For existing sources, monitor cooling water 
as specified in paragraph (b)(1)(i) of this section. Monitor each heat 
exchanger at new sources according to the specifications in paragraph 
(b)(1)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(b)(1)(i)(A) or (b)(1)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month 
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (b)(1)(i) of this section.
    (ii) Monitor the cooling water weekly for heat exchangers at new 
sources.
    (2) Determine the concentration of the monitored substance in the 
cooling water using any method listed in 40 CFR part 136, as long as 
the method is sensitive to concentrations as low as 10 ppmv. Use the 
same method for both entrance and exit samples. Validation of 40 CFR 
part 136 methods for the HAP listed in Table 1 to this subpart may be 
determined according to the provisions of appendix D to this part. 
Alternative methods may be used upon approval by the Administrator.
    (3) Take a minimum of three sets of samples at each heat exchanger 
entrance and exit.
    (4) Calculate the average entrance and exit concentrations, 
correcting for the addition of make-up water and evaporative losses, if 
applicable. Using a one-sided statistical procedure at the 0.05 level 
of significance, if the exit mean concentration is at least 1 ppmv or 
10 percent greater than the entrance mean, whichever is greater, you 
have detected a leak.
    (c) Surrogate parameters. You may elect to comply with the 
requirements of this section by monitoring using a surrogate indicator 
of leaks, provided that you comply with the requirements of paragraphs 
(c)(1) through (3) of this section. Surrogate indicators that could be 
used to develop an acceptable monitoring program are ion specific 
electrode monitoring, pH, conductivity, or other representative 
indicators.
    (1) You shall prepare and implement a monitoring plan that 
documents the procedures that will be used to detect leaks of process 
fluids into cooling waters. The plan shall require monitoring of one or 
more process parameters or other conditions that indicate a leak. 
Monitoring that is already being conducted for other purposes may be 
used to satisfy the requirements of this section. The plan shall 
include the information specified in paragraphs (c)(1)(i) through (iv) 
of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or condition(s) that shall constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, you have 
detected a leak.
    (iii) Monitoring periods. For existing sources, monitor cooling 
water as specified in paragraph (c)(1)(iii)(A) of this section. Monitor 
heat exchange systems at new sources according to the specifications in 
paragraph (c)(1)(iii)(B) of this section.
    (A) Monitor monthly for 6 months, both initially and following 
completion of a leak repair. Then monitor as provided in paragraph 
(c)(1)(iii)(A)(1) or (c)(1)(iii)(A)(2) of this section, as appropriate.
    (1) If no leaks are detected, monitor quarterly thereafter until a 
leak is detected.
    (2) If a leak is detected, monitor monthly until the leak has been 
repaired. Upon completion of repair, monitor according to the 
specifications in paragraph (c)(1)(iii)(A) of this section.
    (B) Monitor the cooling water weekly for heat exchange systems at 
new sources.
    (iv) The records that will be maintained to document compliance 
with the requirements of this section.
    (2) If a leak is identified by audio, visual, or olfactory 
inspection, a method listed in 40 CFR part 136, or any other means 
other than those described in the monitoring plan, and the method(s) 
specified in the plan could not detect the leak, you shall revise the 
plan and document the basis for the changes. You shall complete the 
revisions to the plan no later than 180 days after discovery of the 
leak.
    (3) You shall maintain, at all times, the monitoring plan that is 
currently in use. The current plan shall be maintained on-site, or 
shall be accessible from a central location by computer or other means 
that provide access within 2 hours after a request. If the monitoring 
plan is changed, you must retain the most recent superseded plan for at 
least 5 years from the date of its creation. The superseded plan shall 
be retained on-site or accessible from a central location by computer 
or other means that provide access within 2 hours after a request.
    (d) Simplifying assumptions for entrance mean concentration. If you 
are complying with paragraph (a) or (b) of this section, you may elect 
to determine the entrance mean concentration as specified in paragraph 
(d)(1) or (2) of this section.
    (1) Assume that the entrance mean concentration of the monitored 
substance is zero; or,
    (2) Determine the entrance mean concentration of a monitored 
substance at a sampling location anywhere upstream of the heat 
exchanger or heat exchange system, provided that there is not a 
reasonable opportunity for the concentration to change at the entrance 
to each heat exchanger or heat exchange system.

Repair Requirements for Heat Exchange Systems


Sec. 63.1087  What actions must I take if a leak is detected?

    If a leak is detected, you must comply with the requirements in 
paragraphs (a)

[[Page 46274]]

and (b) of this section unless repair is delayed according to 
Sec. 63.1088.
    (a) Repair the leak as soon as practical but not later than 45 
calender days after you received the results of monitoring tests that 
indicated a leak. You must repair the leak unless you demonstrate that 
the results are due to a condition other than a leak.
    (b) Once the leak has been repaired, use the monitoring 
requirements in Sec. 63.1086 within 7 calender days of the repair or 
startup, whichever is later, to confirm that the heat exchange system 
has been repaired.


Sec. 63.1088  In what situations may I delay leak repair, and what 
actions must I take for delay of repair?

    You may delay the repair of heat exchange systems if the leaking 
equipment is isolated from the process. You may also delay repair if 
repair is technically infeasible without a shutdown, and you meet one 
of the conditions in paragraphs (a) through (c) of this section.
    (a) If a shutdown is expected within the next 2 months of 
determining delay of repair is necessary, you are not required to have 
a special shutdown before that planned shutdown.
    (b) If a shutdown is not expected within the next 2 months of 
determining delay of repair is necessary, you may delay repair if a 
shutdown for repair would cause greater emissions than the potential 
emissions from delaying repair until the next shutdown of the process 
equipment associated with the leaking heat exchanger. You must document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delay of 
repair. The documentation process must include the activities in 
paragraphs (b)(1) through (4) of this section.
    (1) State the reason(s) for delaying repair.
    (2) Specify a schedule for completing the repair as soon as 
practical.
    (3) Calculate the potential emissions from the leaking heat 
exchanger by multiplying the concentration of HAP listed in Table 1 to 
this subpart (or other monitored substances) in the cooling water from 
the leaking heat exchanger by the flow rate of the cooling water from 
the leaking heat exchanger and by the expected duration of the delay.
    (4) Determine emissions of HAP listed in Table 1 to this subpart 
(or other monitored substances) from purging and depressurizing the 
equipment that will result from the unscheduled shutdown for the 
repair.
    (c) If repair is delayed because the necessary equipment, parts or 
personnel are not available, you may delay repair a maximum of 120 
calendar days. You must demonstrate that the necessary equipment, parts 
or personnel were not available.

Recordkeeping and Reporting Requirements for Heat Exchange Systems


Sec. 63.1089  What records must I keep?

    You must keep the records in paragraphs (a) through (e) of this 
section, according to the requirements of Sec. 63.1109(c).
    (a) Monitoring data required by Sec. 63.1086 that indicate a leak, 
the date the leak was detected, or, if applicable, the basis for 
determining there is no leak.
    (b) The dates of efforts to repair leaks.
    (c) The method or procedures used to confirm repair of a leak and 
the date the repair was confirmed.
    (d) Documentation of delay of repair as specified in Sec. 63.1088.
    (e) If you validate a 40 CFR part 136 method for the HAP listed in 
Table 1 to this subpart according to the procedures in appendix D to 
this part, then you must keep a record of the test data and 
calculations used in the validation.


Sec. 63.1090  What reports must I submit?

    If you delay repair for your heat exchange system, you must report 
the delay of repair in the semiannual report required by 
Sec. 63.1110(e). If the leak remains unrepaired, you must continue to 
report the delay of repair in semiannual reports until you repair the 
leak. You must include the information in paragraphs (a) through (e) of 
this section in the semiannual report.
    (a) The fact that a leak was detected, and the date that the leak 
was detected.
    (b) Whether or not the leak has been repaired.
    (c) The reasons for delay of repair. If you delayed the repair as 
provided in Sec. 63.1088(b), documentation of emissions estimates.
    (d) If a leak remains unrepaired, the expected date of repair.
    (e) If a leak is repaired, the date the leak was successfully 
repaired.

Background for Waste Requirements


Sec. 63.1091  What do the waste requirements do?

    This subpart requires you to comply with 40 CFR part 61, subpart 
FF, National Emission Standards for Benzene Waste Operations. There are 
some differences between the ethylene production waste requirements and 
those of subpart FF.


Sec. 63.1092  What are the major differences between the requirements 
of 40 CFR part 61, subpart FF, and the waste requirements for ethylene 
production sources?

    The major differences between the requirements of 40 CFR part 61, 
subpart FF, and the requirements for ethylene production sources are 
listed in paragraphs (a) through (d) of this section.
    (a) The requirements for ethylene production sources apply to all 
ethylene production sources that are part of a major source. The 
requirements do not include a provision to exempt sources with a total 
annual benzene quantity less than 10 megagrams per year (Mg/yr) from 
control requirements.
    (b) The requirements for ethylene production sources apply to 
continuous butadiene waste streams which do not contain benzene 
quantities that would make them subject to the management and treatment 
requirements of 40 CFR part 61, subpart FF.
    (c) The requirements for ethylene production sources do not include 
the compliance options at 40 CFR 61.342(c)(3)(ii), (d) and (e) for 
sources with a total annual benzene quantity less than 10 Mg/yr.
    (d) If you transfer waste off-site, you must comply with the 
requirements in Sec. 63.1096 rather than 40 CFR 61.342(f).

Applicability for Waste Requirements


Sec. 63.1093  Does this subpart apply to my waste streams?

    The waste stream provisions of this subpart apply to your waste 
streams if you own or operate an ethylene production facility expressly 
referenced to this subpart XX from subpart YY of this part. The 
provisions of subpart A (General Provisions) of this part do not apply 
to this subpart except as specified in a referencing subpart.


Sec. 63.1094  What waste streams are exempt from the requirements of 
this subpart?

    The types of waste described in paragraphs (a) and (b) of this 
section are exempt from this subpart.
    (a) Waste in the form of gases or vapors that is emitted from 
process fluids.
    (b) Waste that is contained in a segregated storm water sewer 
system.

Waste Requirements


Sec. 63.1095  What specific requirements must I comply with?

    For waste that is not transferred off-site, you must comply with 
the requirements in paragraph (a) of this section for continuous 
butadiene waste streams and paragraph (b) of this section for benzene 
waste streams. If you

[[Page 46275]]

transfer waste off-site, you must comply with the requirements of 
Sec. 63.1096.
    (a) Continuous butadiene waste streams. Manage and treat continuous 
butadiene waste streams that contain greater than or equal to 10 ppmv 
1,3-butadiene and have a flow rate greater than or equal to 0.02 liters 
per minute, according to either paragraph (a)(1) or (2) of this 
section. If the total annual benzene quantity from waste at your 
facility is less than 10 Mg/yr, as determined according to 40 CFR 
61.342(a), the requirements of paragraph (a)(3) of this section apply 
also.
    (1) Route the continuous butadiene stream to a treatment process or 
wastewater treatment system used to treat benzene waste streams that 
complies with the standards specified in 40 CFR 61.348. Comply with the 
requirements of 40 CFR part 61, subpart FF; with the changes in Table 2 
to this subpart, and as specified in paragraphs (a)(1)(i) through (v) 
of this section.
    (i) Determine the butadiene concentration of the waste stream 
according to 40 CFR 61.355(c)(1) through (3), except substitute ``1,3-
butadiene'' for each occurrence of ``benzene.'' You may validate 40 CFR 
part 136 methods for 1,3-butadiene according to the procedures in 
appendix D to this part. You do not need to determine the butadiene 
concentration of a waste stream if you designate that the stream must 
be controlled.
    (ii) Comply with 40 CFR 61.342(c)(1)(ii) and (iii) for each waste 
management unit that receives or manages the waste stream prior to and 
during treatment or recycling of the waste stream.
    (iii) Comply with the recordkeeping requirements in 40 CFR 
61.356(b), (b)(1) and (b)(2), except substitute ``1,3-butadiene'' for 
each occurrence of ``benzene'' and ``continuous butadiene waste 
stream'' for each occurrence of ``waste stream.''
    (iv) Comply with the reporting requirements in 40 CFR 61.357(a), 
(a)(2), (a)(3), (a)(3)(iii) through (v), and (d)(1) and (2), except 
substitute ``1,3-butadiene'' for each occurrence of ``benzene'' and 
``continuous butadiene waste stream'' for each occurrence of ``waste 
stream.''
    (v) Include only the information in 40 CFR 61.357(a)(2) and 
(a)(3)(iii) through (v) in the report required in 40 CFR 61.357(a) and 
(d)(2).
    (2) Comply with the process wastewater requirements of subpart G of 
this part. Submit the information required in Sec. 63.146(b) in the 
Notification of Compliance Status required by Sec. 63.1110(d). Submit 
the information required in Sec. 63.146(c) through (e) in either the 
Periodic Reports required in Sec. 63.152 or the Periodic Reports 
required in Sec. 63.1110(e).
    (3) If the total annual benzene quantity from waste at your 
facility is less than 10 Mg/yr, as determined according to 40 CFR 
61.342(a), comply with the requirements of this section at all times 
except during periods of startup, shutdown, and malfunction, if the 
startup, shutdown, or malfunction precludes the ability of the affected 
source to comply with the requirements of this section and the owner or 
operator follows the provisions for periods of startup, shutdown, and 
malfunction, as specified in Sec. 63.1111.
    (b) Benzene waste streams. For benzene-containing streams, you must 
comply with the requirements of 40 CFR part 61, subpart FF, except as 
specified in Table 2 to this subpart. You must manage and treat waste 
streams as specified in either paragraph (b)(1) or (2) of this section.
    (1) If the total annual benzene quantity from waste at your 
facility is less than 10 Mg/yr, as determined according to 40 CFR 
61.342(a), manage and treat spent caustic waste streams and dilution 
steam blowdown waste streams according to 40 CFR 61.342(c)(1) through 
(c)(3)(i). The requirements of this paragraph (b)(1) shall apply at all 
times except during periods of startup, shutdown, and malfunction, if 
the startup, shutdown, or malfunction precludes the ability of the 
affected source to comply with the requirements of this section and the 
owner or operator follows the provisions for periods of startup, 
shutdown, and malfunction, as specified in Sec. 63.1111.
    (2) If the total annual benzene quantity from waste at your 
facility is greater than or equal to 10 Mg/yr, as determined according 
to 40 CFR 61.342(a), you must manage and treat waste streams according 
to any of the options in 40 CFR 61.342(c)(1) through (e).


Sec. 63.1096  What requirements must I comply with if I transfer waste 
off-site?

    If you elect to transfer waste off-site, you must comply with the 
requirements in paragraphs (a) through (d) of this section.
    (a) Include a notice with the shipment or transport of each waste 
stream. The notice shall state that the waste stream contains organic 
HAP that are to be treated in accordance with the provisions of this 
subpart. When the transport is continuous or ongoing (for example, 
discharge to a publicly-owned treatment works), the notice shall be 
submitted to the treatment operator initially and whenever there is a 
change in the required treatment.
    (b) You may not transfer the waste stream unless the transferee has 
submitted to the Administrator a written certification that the 
transferee will manage and treat any waste stream received from a 
source subject to the requirements of this subpart in accordance with 
the requirements of this subpart.
    (c) By providing this written certification to the Administrator, 
the certifying entity accepts responsibility for compliance with the 
regulatory provisions in this subpart with respect to any shipment of 
waste covered by the written certification. Failure to abide by any of 
those provisions with respect to such shipments may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of those 
provisions by owners or operators of sources.
    (d) The certifying entity may revoke the written certification by 
sending a written statement to the Administrator and you. The notice of 
revocation must provide at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the regulatory provisions of this subpart. Upon expiration of the 
notice period, you may not transfer the waste stream to that off-site 
treatment operation. Written certifications and revocation statements 
to the Administrator from the transferees of waste shall be signed by 
the responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in 40 CFR 63.13. Such written 
certifications are not transferable by the treater to other off-site 
waste treatment operators.

Implementation and Enforcement


Sec. 63.1097  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities

[[Page 46276]]

contained in paragraphs (b)(1) through (5) of this section are retained 
by the EPA Administrator and are not transferred to the State, local, 
or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Secs. 63.1085, 63.1086 and 63.1095, under Sec. 63.6(g). Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

Tables to Subpart XX of Part 63

       Table 1 to Subpart XX of Part 63.--Hazardous Air Pollutants
------------------------------------------------------------------------
                 Hazardous air pollutant                      CAS No.
------------------------------------------------------------------------
Benzene.................................................           71432
1,3-Butadiene...........................................          106990
Cumene..................................................           98828
Ethyl benzene...........................................          100414
Hexane..................................................          110543
Naphthalene.............................................           91203
Styrene.................................................          100425
Toluene.................................................          108883
o-Xylene................................................           95476
m-Xylene................................................          108383
p-Xylene................................................          106423
------------------------------------------------------------------------


   Table 2 to Subpart XX of Part 63.--Requirements of 40 CFR Part 61,
    Subpart FF, Not Included in the Requirements for This Subpart and
                         Alternate Requirements
------------------------------------------------------------------------
 If the total annual benzene
 quatity for waste from your   Do not comply with:     Instead, comply
      facility is * * *                                     with:
------------------------------------------------------------------------
1. Less than 10 Mg/yr.......  40 CFR 61.340.......  Sec.  63.1093.
                             -------------------------------------------
                              40 CFR                There is no
                               61.342(c)(3)(ii),     equivalent
                               (d), and (e).         requirement.
                             -------------------------------------------
                              40 CFR 61.342(f)....  Sec.  61.1096.
                             -------------------------------------------
                              40 CFR 61.355(j) and  There is no
                               (k).                  equivalent
                                                     requirement.
                             -------------------------------------------
                              40 CFR                There is no
                               61.356(b)(2)(ii),     equivalent
                               (b)(3) through        requirement.
                               (b)(5).
                             -------------------------------------------
                              The requirement to    The requirement to
                               submit the            submit the
                               information           information
                               required in 40 CFR    required in 40 CFR
                               61.357(a) to the      61.357(a) as part
                               Administrator         of the Initial
                               within 90 days        Notification
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(c).
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d) to   submit the
                               submit the            information in 40
                               information in 40     CFR 61.357(d)(1)
                               CFR 61.357(d)(1)      and (d)(2) for
                               and (d)(2) if the     spent caustic,
                               TAB quantity from     dilution steam
                               your facility is      blowdown, and
                               equal to or greater   continuous
                               than 10 Mg/yr.        butadiene waste
                                                     streams.
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d)(1)   submit the
                               to submit the         information
                               information           required in 40 CFR
                               required in 40 CFR    61.357(d)(1) as
                               63.357(d)(1) to the   part of the
                               Administrator         Notification of
                               within 90 days        Compliance Status
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(d).
                             -------------------------------------------
                              40 CFR 61.357(d)(3)   There is no
                               through (d)(5).       equivalent
                                                     requirement.
------------------------------------------------------------------------
2. Greater than or equal to   40 CFR 61.340.......  Sec.  61.1093.
 10 Mg/yr.
                             -------------------------------------------
                              40 CFR 61.342(f)....  Sec.  61.1096.
                             -------------------------------------------
                              The requirement to    The requirement to
                               submit the            submit the
                               information           information
                               required in 40 CFR    required in 40 CFR
                               61.357(a) to the      61.357(a) as part
                               Administrator         of the Initial
                               within 90 days        Notification
                               after January 7,      required in 40 CFR
                               1993.                 63.1110(c).
                             -------------------------------------------
                              The requirement in    The requirement to
                               40 CFR 61.357(d) to   submit the
                               submit the            information in 40
                               information in 40     CFR 61.357(d)(1)
                               CFR 61.357(d)(1)      and (d)(2) as part
                               and (d)(2) if the     of the Notification
                               TAB quantity from     of Compliance
                               your facility is      Status required in
                               equal to or greater   40 CFR 63.1110(d).
                               than 10 Mg/yr.
------------------------------------------------------------------------


[[Page 46277]]

Subpart SS--[Amended]

    3. Section 63.981 is amended by adding in alphabetical order a 
definition of Supplemental combustion air to read as follows:


Sec. 63.981  Definitions.

* * * * *
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is 
part of the vent stream as a result of the nature of the unit operation 
is not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic 
oxidizers, to include the intermittent addition of air upstream of the 
catalyst bed to maintain a minimum threshold flow rate through the 
catalyst bed or to avoid excessive temperatures in the catalyst bed, is 
not considered to be supplemental combustion air.
* * * * *

    4. Section 63.983 is amended by:
    a. Revising paragraphs (a)(3)(i) and (a)(3)(ii);
    b. Revising the heading for paragraph (b); and
    c. Adding paragraph (b)(4).
    The revisions and additions read as follows:


Sec. 63.983  Closed vent systems.

    (a) * * *
    (3) * * *
    (i) Properly install, maintain, and operate a flow indicator that 
is capable of taking periodic readings. Records shall be generated as 
specified in Sec. 63.998(d)(1)(ii)(A). The flow indicator shall be 
installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the non-diverting position 
with a car-seal or a lock-and-key type configuration. Records shall be 
generated as specified in Sec. 63.998(d)(1)(ii)(B).
* * * * *
    (b) Closed vent system inspection and monitoring requirements. * * 
*
    (4) For each bypass line, the owner or operator shall comply with 
paragraph (b)(4)(i) or (ii) of this section.
    (i) If a flow indicator is used, take a reading at least once every 
15 minutes.
    (ii) If the bypass line valve is secured in the non-diverting 
position, visually inspect the seal or closure mechanism at least once 
every month to verify that the valve is maintained in the non-diverting 
position, and the vent stream is not diverted through the bypass line.
* * * * *

    5. Section 63.987 is amended by:
    a. Revising the definition of Dj in paragraph 
(b)(3)(ii); and
    b. Revising paragraph (b)(3)(iii).
    The revisions read as follows:


Sec. 63.987  Flare requirements.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *

Dj = Concentration of sample component j, in parts per 
million by volume on a wet basis, as measured for organics by Method 18 
of 40 CFR part 60, appendix A, or by American Society for Testing and 
Materials (ASTM) D6420-99 (available for purchase from at least one of 
the following addresses: 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959; or University Microfilms International, 300 North Zeeb 
Road, Ann Arbor, MI 48106) under the conditions specified in 
Sec. 63.997(e)(2)(iii)(D)(1) through (3). Hydrogen and carbon monoxide 
are measured by ASTM D1946-90; and

* * * * *
    (iii) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in unit of standard temperature and 
pressure), as determined by Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR 
part 60, appendix A, as appropriate, by the unobstructed (free) cross 
sectional area of the flare tip.
* * * * *

    6. Part 63 is amended by adding Sec. 63.992 to read as follows:


Sec. 63.992  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a 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 paragraphs (b)(1) through 
(5) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Secs. 63.983(a) and (d), 63.984, 63.985(a), 63.986(a), 63.987(a), 
63.988(a), 63.990(a), 63.993(a), 63.994(a), and 63.995(a) under 
Sec. 63.6(g). Where these standards reference another subpart, the 
cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.
* * * * *

    7. Section 63.997 is amended by:
    a. Revising paragraph (e)(2)(ii);
    b. Revising paragraph (e)(2)(iii) introductory text;
    c. Revising the first sentence of paragraph (e)(2)(iii)(C)(1);
    d. Revising paragraph (e)(2)(iii)(D);
    e. Adding paragraph (e)(2)(iii)(E);
    f. Revising paragraph (e)(2)(iv) introductory text;
    g. Removing and reserving paragraphs (e)(2)(iv)(B)(2) and (3); and
    h. Adding paragraphs (e)(2)(iv)(F) through (I).
    The revisions and additions read as follows:


Sec. 63.997  Performance test and compliance assessment requirements 
for control devices.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Gas volumetric flow rate. The gas volumetric flow rate shall 
be determined using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, 
appendix A, as appropriate.
    (iii) Total organic regulated material or TOC concentration. To 
determine compliance with a parts per million by volume total organic 
regulated material or TOC limit, the owner or operator shall use Method 
18 or 25A of 40 CFR part 60, appendix A, as applicable. The ASTM D6420-
99 may be used in lieu of Method 18 of 40 CFR part 60, appendix A, 
under the conditions specified in paragraphs (e)(2)(iii)(D)(1) through 
(3) of this section. Alternatively, any other method or data that have 
been validated according to the applicable procedures in Method 301 of 
appendix A of 40 CFR part 63 may be used. The procedures specified in 
paragraphs (e)(2)(iii)(A), (B), (D), and (E) of this section shall be 
used to calculate parts per million by volume concentration. The 
calculated concentration shall be corrected to 3 percent oxygen using 
the procedures specified in paragraph (e)(2)(iii)(C) of this section if 
a combustion device is

[[Page 46278]]

the control device and supplemental combustion air is used to combust 
the emissions.
* * * * *
    (C) * * *
    (1) The emission rate correction factor (or excess air), integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A, or American Society of Mechanical Engineers (ASME) PTC 19-
10-1981--Part 10 (available for purchase from: ASME International, 
Three Park Avenue, New York, NY 10016-5990, 800-843-2763 or 212-591-
7722), shall be used to determine the oxygen concentration. * * *
* * * * *
    (D) To measure the total organic regulated material concentration 
at the outlet of a control device, use Method 18 of 40 CFR part 60, 
appendix A, or ASTM D6420-99. If you have a combustion control device, 
you must first determine which regulated material compounds 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 regulated 
material compounds present at the inlet of the control device. The 
method ASTM D6420-99 may be used only under the conditions specified in 
paragraphs (e)(2)(iii)(D)(1) through (3) of this section.
    (1) 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 parts per million by volume.
    (2) 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.
    (3) If a minimum of one sample/analysis cycle is completed at least 
every 15 minutes.
    (E) To measure the TOC concentration, use Method 18 of 40 CFR part 
60, appendix A, or use Method 25A of 40 CFR part 60, appendix A, 
according to the procedures in paragraphs (e)(2)(iii)(E)(1) through (4) 
of this section.
    (1) Calibrate the instrument on the predominant regulated material 
compound.
    (2) The test 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.
    (3) The span value of the analyzer must be less than 100 parts per 
million by volume.
    (4) Report the results as carbon, calculated according to Equation 
25A-1 of Method 25A of 40 CFR part 60, appendix A.
    (iv) Percent reduction calculation. To determine compliance with a 
percent reduction requirement, the owner or operator shall use Method 
18, 25, or 25A of 40 CFR part 60, appendix A, as applicable. The method 
ASTM D6420-99 may be used in lieu of Method 18 of 40 CFR part 60, 
appendix A, under the conditions specified in paragraphs 
(e)(2)(iii)(D)(1) through (3) of this section. Alternatively, any other 
method or data that have been validated according to the applicable 
procedures in Method 301 of appendix A of 40 CFR part 63 may be used. 
The procedures specified in paragraphs (e)(2)(iv)(A) through (I) of 
this section shall be used to calculate percent reduction efficiency.
* * * * *
    (F) To measure inlet and outlet concentrations of total organic 
regulated material, use Method 18 of 40 CFR part 60, appendix A, or 
ASTM D6420-99, under the conditions specified in paragraphs 
(e)(2)(iii)(D)(1) through (3) of this section. 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 control device. If the performance test is for a 
combustion control device, you must first determine which regulated 
material compounds 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 
regulated material compounds present in the inlet gas stream for both 
the inlet and outlet gas streams for the combustion device.
    (G) To determine inlet and outlet concentrations of TOC, use Method 
25 of 40 CFR part 60, appendix A. Measure the total gaseous non-methane 
organic (TGNMO) concentration of the inlet and outlet vent streams 
using the procedures of Method 25. Use the TGNMO concentration in 
Equations 4 and 5 of paragraph (e)(2)(iv)(B) of this section.
    (H) Method 25A of 40 CFR part 60, appendix A, may be used instead 
of Method 25 to measure inlet and outlet concentrations of TOC if the 
condition in either paragraph (e)(2)(iv)(H)(1) or (2) of this section 
is met.
    (1) The concentration at the inlet to the control system and the 
required level of control would result in exhaust TGNMO concentrations 
of 50 parts per million by volume or less.
    (2) Because of the high efficiency of the control device, the 
anticipated TGNMO concentration of the control device exhaust is 50 
parts per million by volume or less, regardless of the inlet 
concentration.
    (I) If the uncontrolled or inlet gas stream to the control device 
contains formaldehyde, you must conduct emissions testing according to 
paragraph (e)(2)(iv)(I)(1) or (2) of this section.
    (1) If you elect to comply with a percent reduction requirement and 
formaldehyde is the principal regulated material compound (i.e., 
greater than 50 percent of the regulated material compounds in the 
stream by volume), you must use Method 316 or 320 of 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 regulated material 
emissions.
    (2) If you elect to comply with an outlet total organic regulated 
material concentration or TOC concentration limit, and the uncontrolled 
or inlet gas stream to the control device contains greater than 10 
percent (by volume) formaldehyde, you must use Method 316 or 320 of 40 
CFR part 63, appendix A, to separately determine the formaldehyde 
concentration. Calculate the total organic regulated material 
concentration or TOC concentration by totaling the formaldehyde 
emissions measured using Method 316 or 320 and the other regulated 
material compound emissions measured using Method 18 or 25/25A.
* * * * *

Subpart TT--[Amended]

    8. Section 63.1000 is amended by adding paragraph (b) to read as 
follows:


Sec. 63.1000  Applicability.

* * * * *
    (b) Implementation and enforcement. This subpart can be implemented 
and enforced by the U.S. Environmental Protection Agency (EPA), or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the EPA Administrator has delegated authority to a State, 
local, or tribal agency, then that agency has the authority to 
implement

[[Page 46279]]

and enforce this subpart. Contact the applicable EPA Regional Office to 
find out if this subpart is delegated to a State, local, or tribal 
agency.
    (1) 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 paragraphs (b)(1)(i) 
through (v) of this section are retained by the EPA Administrator and 
are not transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards 
in Secs. 63.1003 through 63.1015, under Sec. 63.6(g). Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (iv) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (v) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.
* * * * *

Subpart UU--[Amended]

    9. Section 63.1019 is amended by adding paragraph (f) to read as 
follows:


Sec. 63.1019  Applicability.

* * * * *
    (f) Implementation and enforcement. This subpart can be implemented 
and enforced by the U.S. Environmental Protection Agency (EPA), or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the EPA Administrator has delegated authority to a State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. Contact the applicable EPA Regional 
Office to find out if this subpart is delegated to a State, local, or 
tribal agency.
    (1) 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 paragraphs (f)(i) through 
(v) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards 
in Secs. 63.1022 through 62.1034, under Sec. 63.6(g), and the standards 
for quality improvement programs in Sec. 63.1035. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (iv) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (v) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.
* * * * *

Subpart WW--[Amended]

    10. Part 63 is amended by adding Sec. 63.1067 to subpart WW to read 
as follows:


Sec. 63.1067  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a 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 paragraphs (b)(1) through 
(5) of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Secs. 63.1062 and 63.1063(a) and (b) for alternative means of 
emission limitation, under Sec. 63.6(g).
    (2) [Reserved]
    (3) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

Subpart YY--[Amended]

    11. Section 63.1100 is amended by:
    a. Revising the first sentence of paragraph (a);
    b. Adding four entries in alphabetical order and footnotes (c) and 
(d) to Table 1 to Sec. 63.1100(a);
    c. Revising the first sentence of the introductory text of 
paragraph (g);
    d. Revising paragraphs (g)(1) through (4);
    e. Revising the heading for paragraph (g)(5); and
    f. Adding paragraph (g)(6).
    The revisions and additions read as follows:


Sec. 63.1100  Applicability.

    (a) General. This subpart applies to source categories and affected 
sources specified in Sec. 63.1103(a) through (h). * * *

                                            Table 1 to Sec.  63.1100(a)--Source Category MACT a Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Wastewater                       Source category
       Source category          Storage vessels   Process vents    Transfer racks  Equipment leaks      streams           Other        MACT requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Carbon Black Production......  No..............  Yes............  No.............  No.............  No.............  No.............  Sec.  63.1103(f).
Cyanide Chemicals              Yes.............  Yes............  Yes............  Yes............  Yes............  No.............  Sec.  63.1103(g).
 Manufacturing.
Ethylene Production..........  Yes.............  Yes............  Yes............  Yes............  Yes............  Yes c..........  Sec.  63.1103(e).
 
                   *                  *                  *                  *                  *                  *                  *
Spandex Production...........  Yes.............  Yes............  No.............  No.............  No.............  Yes d..........  Sec.  63.1103(h).
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Maximum achievable control technology.
c Heat exchange systems as defined in Sec.  63.1103(e)(2).
d Fiber spinning lines.

[[Page 46280]]

 
*                  *                  *                  *                  *                  *                  *

    (g) Overlap with other regulations. Paragraphs (g)(1) through (6) 
of this section specify the applicability of this subpart YY emission 
point requirements when other rules may apply. * * *
    (1) Overlap of subpart YY with other regulations for storage 
vessels. (i) After the compliance dates specified in Sec. 63.1102, a 
storage vessel that must be controlled according to the requirements of 
this subpart and subpart G of this part is required to comply only with 
the storage vessel requirements of this subpart.
    (ii) After the compliance dates specified in Sec. 63.1102, a 
storage vessel that must be controlled according to the requirements of 
this subpart and subpart Ka or Kb of 40 CFR part 60 is required to 
comply only with the storage vessel requirements of this subpart.
    (2) Overlap of subpart YY with other regulations for process vents. 
(i) After the compliance dates specified in Sec. 63.1102, a process 
vent that must be controlled according to the requirements of this 
subpart and subpart G of this part is in compliance with this subpart 
if it complies with either set of requirements. The owner or operator 
must specify the rule with which they will comply in the Notification 
of Compliance Status report required by Sec. 63.1110(a)(4).
    (ii) After the compliance dates specified in Sec. 63.1102, a 
process vent that must be controlled according to the requirements of 
this subpart and subpart III, RRR or NNN of 40 CFR part 60 is required 
to comply only with the process vent requirements of this subpart.
    (3) Overlap of subpart YY with other regulations for transfer 
racks. After the compliance dates specified in Sec. 63.1102, a transfer 
rack that must be controlled according to the requirements this subpart 
and subpart G of this part is required to comply only with the transfer 
rack requirements of this subpart.
    (4) Overlap of subpart YY with other regulations for equipment 
leaks. (i) After the compliance dates specified in Sec. 63.1102, 
equipment that must be controlled according to this subpart and 40 CFR 
part 60, subpart VV, or 40 CFR part 61, subpart J or subpart V, is 
required only to comply with the equipment leak requirements of this 
subpart.
    (ii) After the compliance dates specified in Sec. 63.1102, 
equipment that must be controlled according to this subpart and subpart 
H of this part is in compliance with the equipment leak requirements of 
this subpart if it complies with either set of requirements. The owner 
or operator must specify the rule with which they will comply in the 
Notification of Compliance Status report required by 
Sec. 63.1110(a)(4).
    (5) Overlap of subpart YY with other regulations for wastewater for 
source categories other than ethylene production.
* * * * *
    (6) Overlap of subpart YY with other regulations for waste for the 
ethylene production source category. (i) After the compliance date 
specified in Sec. 63.1102, a waste stream that is conveyed, stored, or 
treated in a wastewater stream management unit, waste management unit, 
or wastewater treatment system that receives streams subject to both 
the control requirements of Sec. 63.1103(e)(3) for ethylene production 
sources and the provisions of Secs. 63.133 through 63.147 shall comply 
as specified in paragraphs (g)(6)(i)(A) through (C) of this section. 
Compliance with the provisions of this paragraph (g)(6)(i) shall 
constitute compliance with the requirements of this subpart for that 
waste stream.
    (A) Comply with the provisions in Secs. 63.133 through 63.137 and 
63.140 for all equipment used in the storage and conveyance of the 
waste stream.
    (B) Comply with the provisions in Secs. 63.1103(e), 63.138, and 
63.139 for the treatment and control of the waste stream.
    (C) Comply with the provisions in Secs. 63.143 through 63.148 for 
monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in Secs. 61.355 
through 61.357.
    (ii) After the compliance date specified in Sec. 63.1102, 
compliance with Sec. 63.1103(e) shall constitute compliance with the 
Benzene Waste Operations NESHAP (subpart FF of 40 CFR part 61) for 
waste streams that are subject to both the control requirements of 
Sec. 63.1103(e)(3) for ethylene production sources and the control 
requirements of 40 CFR part 61, subpart FF.

    12. Section 63.1101 is amended by:
    a. Adding a sentence at the end of the introductory text;
    b. Adding a sentence at the end of the definition of ``process 
vent'; and
    c. Revising the definitions of ``Shutdown,'' ``Storage vessel or 
tank,'' and ``Total organic compounds or TOC.''
    The revisions and additions read as follows:


Sec. 63.1101  Definitions.

    * * * The definitions in this section do not apply to waste 
requirements for ethylene production sources.
* * * * *
    Process vent * * * This definition does not apply to ethylene 
production sources. Ethylene process vents are defined in 
Sec. 63.1103(e)(2).
* * * * *
    Shutdown means the cessation of operation of an affected source or 
equipment that is used to comply with this subpart, or the emptying and 
degassing of a storage vessel. For the purposes of this subpart, 
shutdown includes, but is not limited to, periodic maintenance, 
replacement of equipment, or repair. Shutdown does not include the 
routine rinsing or washing of equipment in batch operation between 
batches. Shutdown includes the decoking of ethylene production unit 
furnaces.
* * * * *
    Storage vessel or tank, for the purposes of regulation under the 
storage vessel provisions of this subpart, means a stationary unit that 
is constructed primarily of nonearthen materials (such as wood, 
concrete, steel, fiberglass, or plastic) that provides structural 
support and is designed to hold an accumulation of liquids or other 
materials. Storage vessel includes surge control vessels and bottoms 
receiver vessels. For the purposes of regulation under the storage 
vessel provisions of this subpart, storage vessel does not include 
vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships; pressure vessels designed to operate in 
excess of 204.9 kilopascals and without emissions to the atmosphere; or 
wastewater storage vessels. Wastewater storage vessels are covered 
under the wastewater provisions of Sec. 63.1106.
* * * * *
    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.
* * * * *

    13. Section 63.1102 is amended by revising paragraph (a) adding and 
reserving paragraph (b), and adding a Table 1 to Sec. 63.1102 to read 
as follows:

[[Page 46281]]

Sec. 63.1102  Compliance schedule.

    (a) General requirements. Affected sources, as defined in 
Sec. 63.1103(a)(1)(i) for acetyl resins production, 
Sec. 63.1103(b)(1)(i) for acrylic and modacrylic fiber production, 
Sec. 63.1103(c)(1)(i) for hydrogen fluoride production, 
Sec. 63.1103(d)(1)(i) for polycarbonate production, 
Sec. 63.1103(e)(1)(i) for ethylene production, Sec. 63.1103(f)(1)(i) 
for carbon black production, Sec. 63.1103(g)(1)(i) for cyanide 
chemicals manufacturing, or Sec. 63.1103(h)(1)(i) for spandex 
production shall comply with the appropriate provisions of this subpart 
and the subparts referenced by this subpart according to the schedule 
in paragraph (a)(1) or (2) of this section, as appropriate. Proposal 
and effective dates are specified in Table 1 to this section.
    (1) Compliance dates for new and reconstructed sources. (i) The 
owner or operator of a new or reconstructed affected source that 
commences construction or reconstruction after the proposal date, and 
that has an initial startup before the effective date of standards for 
an affected source, shall comply with this subpart no later than the 
applicable effective date in Table 1 to Sec. 63.1102 of this section.
    (ii) The owner or operator of a new or reconstructed affected 
source that has an initial startup after the applicable effective date 
in Table 1 to Sec. 63.1102 of this section shall comply with this 
subpart upon startup of the source.
    (iii) The owner or operator of an affected source that commences 
construction or reconstruction after the proposal date, but before the 
effective date in Table 1 to this section, shall comply with this 
subpart no later than the date 3 years after the effective date if the 
conditions in paragraphs (a)(1)(iii) (A) and (B) of this section are 
met.
    (A) The promulgated standards are more stringent than the proposed 
standards.
    (B) The owner or operator complies with this subpart as proposed 
during the 3-year period immediately after the effective date of 
standards for the affected source.
    (2) Compliance dates for existing sources. (i) The owner or 
operator of an existing affected source shall comply with the 
requirements of this subpart within 3 years after the effective date of 
standards for the affected source.
    (ii) The owner or operator of an area source that increases its 
emissions of (or its potential to emit) HAP such that the source 
becomes a major source shall be subject to the relevant standards for 
existing sources under this subpart. Such sources shall comply with the 
relevant standards within 3 years of becoming a major source.
    (b) [Reserved].

 Table 1 to Sec.  63.1102.--Source Category Proposal and Effective Dates
------------------------------------------------------------------------
       Source category           Proposal date        Effective date
------------------------------------------------------------------------
(a) Acetal Resins Production.  October 14, 1998  June 29, 1999.
(b) Acrylic and Modacrylic     October 14, 1998  June 29, 1999.
 Fibers Production.
(c) Hydrogen Fluoride          October 14, 1998  June 29, 1999.
 Production.
(d) Polycarbonate Production.  October 14, 1998  June 29, 1999.
(e) Ethylene Production......  December 6, 2000  July 12, 2002.
(f) Carbon Black Production..  December 6, 2000  July 12, 2002.
(g) Cyanide Chemicals          December 6, 2000  July 12, 2002.
 Manufacturing.
(h) Spandex Production.......  December 6, 2000  July 12, 2002.
------------------------------------------------------------------------


    14. Section 63.1103 is amended by adding paragraphs (e) through (h) 
to read as follows:


Sec. 63.1103  Source category-specific applicability, definitions, and 
requirements.

* * * * *
    (e) Ethylene production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the ethylene 
production (as defined in paragraph (e)(2) of this section) source 
category, the affected source shall comprise all emission points listed 
in paragraphs (e)(1)(i) (A) through (G) of this section that are 
associated with an ethylene production unit that is located at a major 
source, as defined in section 112(a) of the Act.
    (A) All storage vessels (as defined in Sec. 63.1101) that store 
liquids containing organic HAP.
    (B) All ethylene process vents (as defined in paragraph (e)(2) of 
this section) from continuous unit operations.
    (C) All transfer racks (as defined in paragraph (e)(2) of this 
section) that load HAP-containing material.
    (D) Equipment (as defined in Sec. 63.1101) that contains or 
contacts organic HAP.
    (E) All waste streams (as defined in paragraph (e)(2) of this 
section) associated with an ethylene production unit.
    (F) All heat exchange systems (as defined in paragraph (e)(2) of 
this section) associated with an ethylene production unit.
    (G) All ethylene cracking furnaces and associated decoking 
operations.
    (ii) Exceptions. The emission points listed in paragraphs 
(e)(1)(ii) (A) through (L) of this section are in the ethylene 
production source category but are not subject to the requirements of 
paragraph (e)(3) of this section.
    (A) Equipment that is located within an ethylene production unit 
that is subject to this subpart but does not contain organic HAP.
    (B) Stormwater from segregated sewers.
    (C) Water from fire-fighting and deluge systems in segregated 
sewers.
    (D) Spills.
    (E) Water from safety showers.
    (F) Water from testing of fire-fighting and deluge systems.
    (G) Vessels storing organic liquids that contain organic HAP as 
impurities.
    (H) Transfer racks, loading arms, or loading hoses that only 
transfer liquids containing organic HAP as impurities.
    (I) Transfer racks, loading arms, or loading hoses that vapor 
balance during all transfer operations.
    (J) Air emissions from all ethylene cracking furnaces, including 
furnace stack emissions during decoking operations.
    (K) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere.
    (L) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships.
    (iii) Exclusions. The provisions of this subpart do not apply to 
process units and emission points subject to subparts F, G, H, I and CC 
of this part.
    (iv) Compliance schedule. The compliance schedule for the ethylene 
production source category is specified in Sec. 63.1102.
    (2) Definitions. Ethylene process vent means a gas stream with a 
flow rate greater than 0.005 standard cubic meters

[[Page 46282]]

per minute containing greater than 20 parts per million by volume HAP 
that is continuously discharged during operation of an ethylene 
production unit, as defined in this section. Ethylene process vents are 
gas streams that are discharged to the atmosphere (or the point of 
entry into a control device, if any) either directly or after passing 
through one or more recovery devices. Ethylene process vents do not 
include relief valve discharges; gaseous streams routed to a fuel gas 
system; leaks from equipment regulated under this subpart; episodic or 
nonroutine releases such as those associated with startup, shutdown, 
and malfunction; and in situ sampling systems (online analyzers).
    Ethylene production or production unit means a chemical 
manufacturing process unit in which ethylene and/or propylene are 
produced by separation from petroleum refining process streams or by 
subjecting hydrocarbons to high temperatures in the presence of steam. 
The ethylene production unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, 
pyrolysis gasoline, and pyrolysis fuel oil. Ethylene production does 
not include the manufacture of SOCMI chemicals such as the production 
of butadiene from the C4 stream and aromatics from pyrolysis 
gasoline.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange 
system can include an entire recirculating or once-through cooling 
system.
    Transfer rack means the collection of loading arms and loading 
hoses at a single loading rack that is used to fill tank trucks and/or 
railcars with organic HAP. Transfer rack includes the associated pumps, 
meters, shutoff valves, relief valves, and other piping and valves. 
Transfer rack does not include racks, arms, or hoses that contain 
organic HAP only as impurities; or racks, arms, or hoses that vapor 
balance during all loading operations.
    Waste means any material resulting from industrial, commercial, 
mining, or agricultural operations, or from community activities, that 
is discarded or is being accumulated, stored, or physically, 
chemically, thermally, or biologically treated prior to being 
discarded, recycled, or discharged.
    Waste stream means the waste generated by a particular process 
unit, product tank, or waste management unit. The characteristics of 
the waste stream (e.g., flow rate, HAP concentration, water content) 
are determined at the point of waste generation. Examples of a waste 
stream include process wastewater, product tank drawdown, sludge and 
slop oil removed from waste management units, and landfill leachate.
    (3) Requirements. The owner or operator must control organic HAP 
emissions from each affected source emission point by meeting the 
applicable requirements specified in Table 7 to this section. An owner 
or operator must perform the applicability assessment procedures and 
methods for process vents specified in Sec. 63.1104, except for 
paragraphs (d), (g), (h), (i), (j), (l)(1), and (n). An owner or 
operator must perform the applicability assessment procedures and 
methods for equipment leaks specified in Sec. 63.1107. General 
compliance, recordkeeping, and reporting requirements are specified in 
Secs. 63.1108 through 63.1112. Minimization of emissions from startup, 
shutdown, and malfunctions must be addressed in the startup, shutdown, 
and malfunction plan required by Sec. 63.1111; the plan must also 
establish reporting and recordkeeping of such events. Procedures for 
approval of alternate means of emission limitations are specified in 
Sec. 63.1113.

   Table 7 to Sec.  63.1103(e).--What Are My Requirements if I Own or
     Operate an Ethylene Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel (as      (1) The maximum true  (i) Fill the vessel
 defined in Sec.  63.1101)     vapor pressure of     through a submerged
 that stores liquid            total organic HAP     pipe; or
 containing organic HAP.       is 3.4    (ii) Comply with the
                               kilopascals but       requirements for
                               76.6 kilopascals;     storage vessels
                               and the capacity of   with capacities 95 cubic
                               thn-eq>4 cubic        meters.
                               meters but 95 cubic meters.
(b) A storage vessel (as      (1) The maximum true  (i) Comply with the
 defined in Sec.  63.1101)     vapor pressure of     requirements of
 that stores liquid            total organic HAP     subpart WW of this
 containing organic HAP.       is 3.4     part; or
                               kilopascals but 76.6           emissions of total
                               kilopascals; and      organic HAP by 98
                               the capacity of the   weight-percent by
                               vessel is 95 cubic meters.   through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices and
                                                     meet the
                                                     requirements of
                                                     Sec.  63.982(a)(1).
(c) A storage vessel (as      (1) The maximum true  (i) Reduce emissions
 defined in Sec.  63.1101)     vapor pressure of     of total organic
 that stores liquid            total organic HAP     HAP by 98 weight-
 containing organic HAP.       is 76.6    percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     and meet the
                                                     requirements of
                                                     Sec.  63.982(a)(1).
(d) An ethylene process vent  (1) The process vent  (i) Reduce emissions
 (as defined in paragraph      is at an existing     of organic HAP by
 (e)(2) of this section).      source and the vent   98 weight-percent;
                               stream has a flow     or reduce organic
                               rate 0.011 scmm and a   concentration of 20
                               total organic HAP     parts per million
                               concentration 50 parts per   whichever is less
                               million by volume;    stringent, by
                               or the process vent   venting emissions
                               is at a new source    through a closed
                               and the vent stream   vent system to any
                               has a flow rate 0.008 scmm     control devices and
                               and a total organic   meet the
                               HAP concentration     requirements
                               30 parts   specified in Sec.
                               per million by        63.982(b) and
                               volume.               (c)(2).
(e) A transfer rack (as       (1) Materials loaded  (i) Reduce emissions
 defined in paragraph (e)(2)   have a true vapor     of organic HAP by
 of this section).             pressure of total     98 weight-percent;
                               organic HAP 3.4 kilopascals    HAP or TOC to a
                               and 76     concentration of 20
                               cubic meters per      parts per million
                               day (averaged over    by volume;
                               any consecutive 30-   whichever is less
                               day period) of HAP-   stringent, by
                               containing material   venting emissions
                               is loaded.            through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices as
                                                     specified in Sec.
                                                     63.1105; or

[[Page 46283]]

 
                                                    (ii) Install process
                                                     piping designed to
                                                     collect the HAP-
                                                     containing vapors
                                                     displaced from tank
                                                     trucks or railcars
                                                     during loading and
                                                     to route it to a
                                                     process, a fuel gas
                                                     system, or a vapor
                                                     balance system, as
                                                     specified in Sec.
                                                     63.1105.
(f) Equipment (as defined in  (1) The equipment     Comply with the
 Sec.  63.1101) that           contains or           requirements of
 contains or contacts          contacts 5 weight-percent   part.
                               organic HAP; and
                               the equipment is
                               not in vacuum
                               service.
(g) Processes that generate   (1) The wastewater    (i) Comply with the
 waste (as defined in          contains any of the   waste requirements
 paragraph (e)(2) of this      following HAP:        of subpart XX of
 section).                     benzene, cumene,      this part. For
                               ethyl benzene,        ethylene
                               hexane,               manufacturing
                               naphthalene,          process unit waste
                               styrene, toluene, o-  stream
                               xylene, m-xylene, p-  requirements, terms
                               xylene, or 1,3-       have the meanings
                               butadiene.            specified in
                                                     subpart XX.
(h) A heat exchange system    ....................  Comply with the heat
 (as defined in paragraph                            exchange system
 (e)(2) of this section).                            requirements of
                                                     subpart XX of this
                                                     part.
------------------------------------------------------------------------

    (f) Carbon black production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the carbon 
black production source category (as defined in paragraph (f)(2) of 
this section), the affected source shall comprise each carbon black 
production process unit located at a major source, as defined in 
section 112(a) of the Act. The affected source for the carbon black 
production source category includes all waste management units, 
maintenance wastewater, and equipment components that contain or 
contact HAP that are associated with the carbon black production 
process unit.
    (ii) Compliance schedule. The compliance schedule for the carbon 
black production and acetylene decomposition carbon black production 
affected sources, as defined in paragraph (f)(1)(i) of this section, is 
specified in Sec. 63.1102.
    (2) Definitions. Carbon black production means the production of 
carbon black by either the furnace, thermal, acetylene decomposition, 
or lampblack processes.
    Carbon black production unit means the equipment assembled and 
connected by hard-piping or duct work to process raw materials to 
manufacture, store, and transport a carbon black product. For the 
purposes of this subpart, a carbon black production process unit 
includes reactors and associated operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, 
product transfer racks, and connected ducts and piping. A carbon black 
production process unit includes pumps, compressors, agitators, 
pressure relief devices, sampling connection systems, open-ended valves 
or lines, valves, connectors, instrumentation systems, and control 
devices or systems.
    Dryer means a rotary-kiln dryer that is heated externally and is 
used to dry wet pellets in the wet pelletization process.
    Main unit filter means the filter that separates the carbon black 
from the tailgas.
    Process filter means the filter that separates the carbon black 
from the conveying air.
    Purge filter means the filter that separates the carbon black from 
the dryer exhaust.
    (3) Requirements. (i) Table 8 to this section specifies the carbon 
black production standards applicability for existing and new sources. 
Applicability assessment procedures and methods are specified in 
Sec. 63.1104. An owner or operator of an affected source is not 
required to perform applicability tests or other applicability 
assessment procedures if they opt to comply with the most stringent 
requirements for an applicable emission point pursuant to this subpart. 
General compliance, recordkeeping, and reporting requirements are 
specified in Secs. 63.1108 through 63.1112. Procedures for approval of 
alternative means of emission limitations are specified in 
Sec. 63.1113.
    (ii) Pressure relief devices used to protect against overpressure 
in the case of catastrophic failure of your process filter system are 
exempt from the closed vent system inspection requirements of 
Sec. 63.983(b) and (c). Exempt pressure relief devices must be 
designated and identified in your Notification of Compliance Status 
report.

   Table 8 to Sec.  63.1103(f).--What Are My Requirements if I Own or
   Operate a Carbon Black Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A carbon black            (1) The HAP           (i) Reduce emissions
 production main unit filter   concentration of      of HAP by using a
 process vent.                 the emission stream   flare meeting the
                               is equal to or        requirements of
                               greater than 260      subpart SS of this
                               parts per million     part; or
                               by volumea.          (ii) Reduce
                                                     emissions of total
                                                     HAP by 98 weight-
                                                     percent or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(a)(2).
 
------------------------------------------------------------------------
a The weight-percent organic HAP is determined according to the
  procedures specified in Sec.  63.1104(e).


[[Page 46284]]

    (g) Cyanide chemicals manufacturing applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the cyanide 
chemicals manufacturing source category, the affected source shall 
include each cyanide chemicals manufacturing process unit located at a 
major source, as defined in section 112(a) of the Act. The affected 
source shall also include all waste management units, maintenance 
wastewater, and equipment (as defined in Sec. 63.1101) that contain or 
contact cyanide chemicals that are associated with the cyanide 
chemicals manufacturing process unit.
    (ii) Compliance schedule. The compliance schedule for the affected 
source, as defined in paragraph (f)(1)(i) of this section, is specified 
in Sec. 63.1102.
    (2) Definitions. Andrussow process unit means a process unit that 
produces hydrogen cyanide by reacting methane and ammonia in the 
presence of oxygen over a platinum/rhodium catalyst. An Andrussow 
process unit begins at the point at which the raw materials are stored 
and ends at the point at which refined hydrogen cyanide is reacted as a 
raw material in a downstream process, burned on-site as fuel in a 
boiler or industrial furnace, or is shipped offsite. If raw hydrogen 
cyanide from the reactor is reacted with sodium hydroxide to form 
sodium cyanide prior to the refining process, the unit operation where 
sodium cyanide is formed is considered to be part of the Andrussow 
process unit.
    Blausaure Methane Anlage (BMA) process unit means a process unit 
that produces hydrogen cyanide by reacting methane and ammonia over a 
platinum catalyst. A BMA process unit begins at the point at which raw 
materials are stored and ends at the point at which refined hydrogen 
cyanide is reacted as a raw material in a downstream process, burned 
on-site as a fuel in a boiler or industrial furnace, or is shipped 
offsite. If raw hydrogen cyanide from the reactor is reacted with 
sodium hydroxide to form sodium cyanide prior to the refining process, 
the unit operation where sodium cyanide is formed is considered to be 
part of the BMA process unit.
    Byproduct means a chemical that is produced coincidentally during 
the production of another chemical.
    Cyanide chemicals manufacturing process unit or CCMPU means the 
equipment assembled and connected by hard-piping or duct work to 
process raw materials to manufacture, store, and transport a cyanide 
chemicals product. A cyanide chemicals manufacturing process unit shall 
be limited to any one of the following: an Andrussow process unit, a 
BMA process unit, a sodium cyanide process unit, or a Sohio hydrogen 
cyanide process unit. For the purpose of this subpart, a cyanide 
chemicals manufacturing process unit includes reactors and associated 
unit operations; associated recovery devices; and any feed, 
intermediate and product storage vessels, product transfer racks, and 
connected ducts and piping. A cyanide chemicals manufacturing process 
unit includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, instrumentation systems, and control devices or systems.
    Cyanide chemicals product means either hydrogen cyanide, potassium 
cyanide, or sodium cyanide which is manufactured as the intended 
product of a CCMPU or a byproduct of the Sohio process. Other hydrogen 
cyanide, potassium cyanide, or sodium cyanide byproducts, impurities, 
wastes, and trace contaminants are not considered to be cyanide 
chemicals products.
    Dry-end process vent means a process vent originating from the drum 
filter or any other unit operation in the dry end of a sodium cyanide 
manufacturing process unit. For the purposes of this subpart, the dry 
end of the sodium cyanide process unit begins in the unit operation 
where water is removed from the sodium cyanide, usually in the drum 
filter, and ends when the sodium cyanide is used as a raw material in a 
downstream process, or is shipped offsite.
    Organic HAP means, for purposes of applicability of the 
requirements of this subpart, all hydrogen cyanide compounds.
    Raw hydrogen cyanide means hydrogen cyanide that has not been 
through the refining process. Raw hydrogen cyanide usually has a 
hydrogen cyanide concentration less than 10 percent.
    Refined hydrogen cyanide means hydrogen cyanide that has been 
through the refining process. Refined hydrogen cyanide usually has a 
hydrogen cyanide concentration greater than 99 percent.
    Refining process means the collection of equipment in a cyanide 
chemicals manufacturing processing unit used to concentrate raw 
hydrogen cyanide from a concentration around 10 percent or less to 
refined hydrogen cyanide at a concentration greater than 99 percent.
    Sodium cyanide process unit means a process unit that produces 
sodium cyanide by reacting hydrogen cyanide and sodium hydroxide via 
the neutralization, or wet, process. A sodium cyanide process unit 
begins at the unit operation where refined hydrogen cyanide is reacted 
with sodium hydroxide and ends at the point the solid sodium cyanide 
product is shipped offsite or used as a raw material in a downstream 
process. If raw hydrogen cyanide is reacted with sodium hydroxide to 
form sodium cyanide prior to the hydrogen cyanide refining process, the 
unit operation where sodium cyanide is formed is not considered to be 
part of the sodium cyanide process unit. For this type of process, the 
sodium cyanide process unit begins at the point that the aqueous sodium 
cyanide stream leaves the unit operation where the sodium cyanide is 
formed. In situations where potassium hydroxide is substituted for 
sodium hydroxide to produce potassium cyanide, the process unit is 
still considered a sodium cyanide process unit.
    Sohio hydrogen cyanide process unit means a process unit that 
produces hydrogen cyanide as a byproduct of the acrylonitrile 
production process when acrylonitrile is manufactured using the Sohio 
process. A Sohio hydrogen cyanide process unit begins at the point the 
hydrogen cyanide leaves the unit operation where the hydrogen cyanide 
is separated from the acrylonitrile (usually referred to as the heads 
column). The Sohio hydrogen cyanide process unit ends at the point 
refined hydrogen cyanide is reacted as a raw material in a downstream 
process, burned on-site as fuel in a boiler or industrial furnace, or 
is shipped offsite. If raw hydrogen cyanide is reacted with sodium 
hydroxide to form sodium cyanide prior to the refining process, the 
unit operation where sodium cyanide is formed is considered to be part 
of the Sohio hydrogen cyanide process unit.
    Wet-end process vent means a process vent originating from the 
reactor, crystallizer, or any other unit operation in the wet end of 
the sodium cyanide process unit. For the purposes of this subpart, the 
wet end of the sodium cyanide process unit begins at the point at which 
the raw materials are stored and ends just prior to the unit operation 
where water is removed from the sodium cyanide, usually in the drum 
filter. Wastewater streams containing discarded wastewater from the 
sodium cyanide production process are not considered to be part of the 
wet-end sodium cyanide process. Discarded wastewater that is no longer 
used in the production process is considered to be process and/or 
maintenance wastewater. Vents from process and maintenance wastewater 
operations are not wet-end process vents.
    (3) Requirements. Table 9 to this section specifies the cyanide 
chemicals

[[Page 46285]]

manufacturing standards applicable to existing and new sources. 
Applicability assessment procedures and methods are specified in 
Sec. 63.1104. An owner or operator of an affected source is not 
required to perform applicability tests or other applicability 
assessment procedures if they opt to comply with the most stringent 
requirements for an applicable emission point pursuant to this subpart. 
General compliance, recordkeeping, and reporting requirements are 
specified in Secs. 63.1108 through 63.1112. Procedures for approval of 
alternative means of emission limitations are specified in 
Sec. 63.1113.
    (4) Determination of overall HAP emission reduction for a process 
unit. (i) The owner or operator shall determine the overall HAP 
emission reduction for process vents in a process unit using Equation 1 
of this section. The overall organic HAP emission reduction shall be 
determined for all process vents in the process unit.
[GRAPHIC] [TIFF OMITTED] TR12JY02.015

Where:

REDCCMPU=Overall HAP emission reduction for the group of 
process vents in the CCMPU, percent.
Eunc,i=Uncontrolled HAP emissions from process vent i that 
is controlled by using a combustion, recovery, or recapture device, kg/
yr.
n=Number of process vents in the process unit that are controlled by 
using a combustion, recovery, or recapture device.
Ri=Control efficiency of the combustion, recovery, or 
recapture device used to control HAP emissions from vent i, determined 
in accordance with paragraph (g)(4)(ii) of this section.
Eunc,j=Uncontrolled HAP emissions from process vent j that 
is not controlled by using a combustion, recovery, or recapture device, 
kg/yr.
m=Number of process vents in the process unit that are not controlled 
by using a combustion, recovery, or recapture device.

    (ii) The control efficiency shall be assigned as specified in 
paragraph (g)(4)(ii) (A) or (B) of this section.
    (A) If the process vent is controlled using a flare in accordance 
with the provisions of Sec. 63.987, or a combustion device in 
accordance with the provisions of Sec. 63.988(b)(2), for which a 
performance test has not been conducted, the control efficiency shall 
be assumed to be 98 weight-percent. For hydrogen-fueled flares, an 
owner or operator may use a control efficiency greater than 98 weight-
percent if they can provide engineering calculations and supporting 
information demonstrating a greater control efficiency.
    (B) If the process vent is controlled using a combustion, recovery, 
or recapture device for which a performance test has been conducted in 
accordance with the provisions of Sec. 63.997, the control efficiency 
shall be the efficiency determined by the performance test.
    (5) Source category specific modifications to testing procedures. 
(i) When identifying equipment subject to any equipment leak 
requirements, an owner or operator is allowed to designate specific 
components of such equipment as never being safe to monitor with their 
Notification of Compliance Status report and periodic compliance 
reports. In order for an owner or operator to designate such equipment 
as never being safe to monitor, they must certify that monitoring such 
equipment at any time the CCMPU is operating is never safe (e.g., 
monitoring this equipment would present an unreasonable hazard or 
preclude testing personnel from meeting emergency evacuation 
requirements). If it is demonstrated to the Administrator's 
satisfaction that equipment designated by the owner or operator as 
never safe to monitor is appropriately designated, an owner or operator 
will not be required to monitor such equipment.
    (ii) For process vent hydrogen cyanide emissions that are vented to 
a control device other than a flare during startup, shutdown, and 
malfunction, the design evaluation must include documentation that the 
control device being used achieves the required control efficiency 
during the reasonably expected maximum flow rate and emission rate 
during startup, shutdown, and malfunction.
    (iii) If a facility controls process vent emissions during startup, 
shutdown, and malfunction by using a flare, an owner or operator is not 
required to perform flow rate and heat content testing as specified in 
Sec. 63.987(b)(3)(ii) and (iii). In lieu of performing flow rate and 
heat content testing, an owner or operator is required to submit 
engineering calculations that substantiate that a flare meets the 
applicable heat content or flow rates, or provide data from a 
compliance assessment that the flare is in compliance under worst case 
conditions (e.g., maximum operating conditions).
    (iv) If flare velocity and net heating value testing, as specified 
in Sec. 63.11(b)(6)(ii) and (b)(7)(i), would create an unreasonable 
hazard for testing personnel, an owner or operator is allowed to submit 
engineering calculations that substantiate vent stream velocity and 
heat content of a flare in lieu of test data. These calculations are 
required to be submitted with the facilities' compliance test 
notification report for approval by the Administrator.
    (v) The data from any performance test method used to measure HCN 
concentrations must be validated using EPA Method 301 (40 CFR part 63, 
appendix A).

[[Page 46286]]



   Table 9 to Sec.  63.1103(g).--What Are My Requirements if I Own or
   Operate a Cyanide Chemicals Manufacturing Existing or New Affected
                                 Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel........  (1) The storage       (i) Reduce emissions
                               vessel contains       of hydrogen cyanide
                               refined hydrogen      by using a flare
                               cyanide.              meeting the
                                                     requirements of
                                                     Sec.  63.982(b); or
                                                    (ii) Reduce
                                                     emissions of
                                                     hydrogen cyanide by
                                                     98 weight-percent,
                                                     or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(1)
                                                     or (d).
(b) A process vent from a     ....................  (i) Reduce overall
 continuous unit operations                          annual emissions of
 in an Andrussow, BMA, or                            total HAP from the
 Sohio hydrogen cyanide                              collection of
 process unit.                                       process vents from
                                                     continuous unit
                                                     operations in the
                                                     process by 98
                                                     weight-percent in
                                                     accordance with
                                                     paragraph (g)(4) of
                                                     this section. Any
                                                     control device used
                                                     to reduce emissions
                                                     from one or more
                                                     process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit must
                                                     meet the applicable
                                                     requirements
                                                     specified in Sec.
                                                     63.982(a)(2); or
                                                    (ii) Reduce
                                                     emissions of total
                                                     HAP from each
                                                     process vent from a
                                                     continuous unit
                                                     operation in the
                                                     process unit by
                                                     using a flare
                                                     meeting the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(b); or
                                                    (iii) Reduce
                                                     emissions of total
                                                     HAP from each
                                                     process vent from a
                                                     continuous unit
                                                     operation in the
                                                     process unit by 98
                                                     weight-percent or
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume,
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(2)
                                                     or (d).
(c) One or more wet end       ....................  (i) Reduce overall
 process vents, as defined                           annual emissions of
 in paragraph (g)(2) of this                         total HAP from the
 section, in a sodium                                collection of
 cyanide process unit.                               process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit by 98
                                                     weight-percent in
                                                     accordance with
                                                     paragraph (g)(4) of
                                                     this section. Any
                                                     control device used
                                                     to reduce emissions
                                                     from one or more
                                                     process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit must
                                                     meet the applicable
                                                     requirements of
                                                     Sec.  63.982(a)(2);
                                                     or
                                                    (ii) Reduce
                                                     emissions of total
                                                     HAP from each wet-
                                                     end process vent in
                                                     the process unit by
                                                     using a flare
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(b); or
                                                    (iii) Reduce
                                                     emissions of total
                                                     HAP from each wet-
                                                     end process vent by
                                                     98 weight-percent,
                                                     or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume, by
                                                     venting emissions
                                                     through a closed
                                                     vent system and any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(2)
                                                     or (d).
(d) One or more dry end       ....................  (i) Reduce overall
 process vents, as defined                           annual emissions of
 in paragraph (g)(2) of this                         sodium cyanide from
 section, in a sodium                                the collection of
 cyanide process unit.                               process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit by 98
                                                     weight-percent in
                                                     accordance with
                                                     paragraph (g)(4) of
                                                     this section. Any
                                                     control device used
                                                     to reduce emissions
                                                     from one or more
                                                     process vents from
                                                     continuous unit
                                                     operations in the
                                                     process unit must
                                                     meet the applicable
                                                     requirements of
                                                     Sec.  63.982(a)(2);
                                                     or
                                                    (ii) Reduce
                                                     emissions of sodium
                                                     cyanide from each
                                                     dry-end process
                                                     vent in the process
                                                     unit by 98 weight-
                                                     percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(c)(2)
                                                     or (d).

[[Page 46287]]

 
(e) A transfer rack.........  (1) The transfer      (i) Reduce emissions
                               rack is used to       of hydrogen cyanide
                               load refined          by using a flare
                               hydrogen cyanide      meeting the
                               into tank trucks      requirements of
                               and/or rail cars.     Sec.  63.982(b); or
                                                    (ii) Reduce
                                                     emissions of
                                                     hydrogen cyanide by
                                                     98 weight-percent,
                                                     or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements
                                                     specified in Sec.
                                                     63.982(c)(1),
                                                     (c)(2), or (d).
(f) A new cyanide chemicals   (1) The process       (i) Achieve a
 manufacturing process unit    wastewater is from    combined removal
 that generates process        HCN purification,     and control of HAP
 wastewater.                   ammonia               from wastewater of
                               purification, or      93 weight-percent.
                               flare blowdown.
(g) A cyanide chemicals       (1) The maintenance   (i) Comply with the
 manufacturing process unit    wastewater contains   requirements of
 that generates maintenance    hydrogen cyanide or   Sec.  63.1106(b).
 wastewater.                   acetonitrile.
(h) An item of equipment      (1) The item of       (i) Comply with the
 listed in Sec.                equipment meets the   requirements in
 63.1106(c)(1) that            criteria specified    Table 35 of subpart
 transports or contains        in Sec.               G of this part.
 wastewater liquid streams     63.1106(c)(1)
 from a cyanide chemicals      through (3) and
 manufacturing process unit.   either (c)(4)(i) or
                               (ii).
(i) Equipment, as defined     (1) The equipment     (i) Comply with
 under Sec.  63.1101.          contains or           either subpart TT
                               contacts hydrogen     or UU of this part,
                               cyanide and           and paragraph
                               operates equal to     (g)(5) of this
                               or greater then 300   section, with the
                               hours per year.       exception that open-
                                                     ended lines that
                                                     contain or contact
                                                     hydrogen cyanide
                                                     are exempt from any
                                                     requirements to
                                                     install a cap,
                                                     plug, blind flange,
                                                     or second valve to
                                                     be capped.
------------------------------------------------------------------------

    (h) Spandex production applicability, definitions, and 
requirements--(1) Applicability--(i) Affected source. For the spandex 
production (as defined in paragraph (h)(2) of this section) source 
category, the affected source shall comprise all emission points listed 
in paragraphs (h)(1)(i)(A) through (C) of this section that are 
associated with a reaction spinning spandex production process unit 
located at a major source, as defined in section 112(a) of the Act.
    (A) All process vents (as defined in Sec. 63.1101).
    (B) All storage vessels (as defined in Sec. 63.1101) that store 
liquids containing organic HAP.
    (C) All spandex fiber spinning lines using a spinning solution 
having organic HAP.
    (ii) Exceptions. The emission points listed in paragraphs 
(h)(1)(ii)(A) and (B) of this section are in the spandex production 
source category but are not subject to the requirements of paragraph 
(h)(3) of this section.
    (A) Equipment that is located within a spandex production process 
unit that is subject to this subpart but does not contain organic HAP.
    (B) Vessels storing organic liquids that contain organic HAP as 
impurities.
    (iii) Compliance schedule. The compliance schedule for affected 
sources, as defined in paragraph (h)(1)(i) of this section, is 
specified in paragraph (b) of Sec. 63.1102.
    (2) Definitions. Fiber spinning line means the group of equipment 
and process vents associated with spandex fiber spinning operations. 
The fiber spinning line includes the blending and dissolving tanks, 
spinning solution filters, spinning units, spin bath tanks, and the 
equipment used downstream of the spin bath to wash, draw, or dry on the 
wet belt the spun fiber.
    Spandex or spandex fiber means a manufactured synthetic fiber in 
which the fiber-forming substance is a long-chain polymer comprised of 
at least 85 percent by mass of a segmented polyurethane.
    Spandex production means the production of synthetic spandex 
fibers.
    Spandex production process unit means a process unit that is 
specifically used for the production of synthetic spandex fibers.
    (3) Requirements. Table 10 to this section specifies the spandex 
production source category requirements for new and existing sources. 
An owner or operator must perform the applicability assessment 
procedures and methods for process vents specified in Sec. 63.1104, 
excluding paragraphs (b)(1), (d), (g), (h), (i), (j), (l)(1), and (n). 
General compliance, recordkeeping, and reporting requirements are 
specified in Secs. 63.1108 through 63.1112. Minimization of emissions 
from startup, shutdown, and malfunctions must be addressed in the 
startup, shutdown, and malfunction plan required by Sec. 63.1111; the 
plan must also establish reporting and recordkeeping of such events. 
Procedures for approval of alternate means of emission limitations are 
specified in Sec. 63.1113.

[[Page 46288]]



   Table 10 to Sec.  63.1103(h)--What Are My Requirements if I Own or
 Operate a Spandex Production Process Unit at a New or Existing Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A storage vessel (as      (1) The maximum true  (i) Comply with the
 defined in Sec.  63.1101)     vapor pressure of     requirements of
 that stores liquid            the organic HAP is    subpart WW of this
 containing organic HAP.        3.4       part; or
                               kilopascals; and     (ii) Reduce
                               the capacity of the   emissions of
                               vessel is  47 cubic meters.  weight-percent by
                                                     venting emissions
                                                     in through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part, as specified
                                                     in Sec.
                                                     63.982(a)(1).
(b) A process vent..........  ....................  Reduce emissions of
                                                     organic HAP by 95
                                                     weight-percent, or
                                                     reduce organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.982(a)(2).
(c) A fiber spinning line...  ....................  Operate the fiber
                                                     spinning line such
                                                     that emissions are
                                                     captured and vented
                                                     through a line
                                                     closed vent system
                                                     to a control device
                                                     that complies with
                                                     the requirements of
                                                     Sec.  63.982(a)(2).
                                                     If a control device
                                                     other than a flare
                                                     is used, HAP
                                                     emissions must be
                                                     reduced by 95
                                                     weight-percent, or
                                                     total organic HAP
                                                     or TOC must be
                                                     reduced to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent.
------------------------------------------------------------------------


    15. Section 63.1104 is amended by:
    a. Revising the last sentence of paragraph (a);
    b. Revising the first sentence of paragraph (e) introductory text;
    c. Revising the first sentence of paragraph (f)(1);
    d. Revising the last sentence of paragraph (k) introductory text; 
and
    e. Revising the first sentence of paragraph (m)(2)(i) introductory 
text.
    The revisions are to read as follows:


Sec. 63.1104  Process vents from continuous unit operations: 
applicability assessment procedures and methods.

    (a) * * * The owner or operator of a process vent is not required 
to determine the criteria specified for a process vent that is being 
controlled (including control by flare) in accordance with the 
applicable weight-percent, TOC concentration, or organic HAP 
concentration requirement in Sec. 63.1103.
* * * * *
    (e) TOC or Organic HAP concentration. The TOC or organic HAP 
concentrations shall be determined based on paragraph (e)(1), (e)(2), 
or (k) of this section, or any other method or data that have been 
validated according to the protocol in Method 301 of appendix A of 40 
CFR part 63. * * *
* * * * *
    (f) * * *
    (1) Use Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix 
A, as appropriate. * * *
* * * * *
    (k) * * * If a process vent flow rate or process vent organic HAP 
or TOC concentration is being determined for comparison with the 
applicable flow rate or concentration value presented in the tables in 
Sec. 63.1103 to determine control requirement applicability, 
engineering assessment may be used to determine the flow rate or 
concentration for the representative operating conditions expected to 
yield the highest flow rate or concentration.
* * * * *
    (m) * * *
    (2) Process change. (i) Whenever a process vent becomes subject to 
control requirements under this subpart as a result of a process 
change, the owner or operator shall submit a report within 60 days 
after the performance test or applicability assessment, whichever is 
sooner. * * *
* * * * *

    16. Add Sec. 63.1105 to read as follows:


Sec. 63.1105  Transfer racks.

    (a) Design requirements. The owner or operator shall equip each 
transfer rack with one of the control options listed in paragraphs 
(a)(1) through (4) of this section.
    (1) A closed vent system designed to collect HAP-containing vapors 
displaced from tank trucks or railcars during loading and to route the 
collected vapors to a flare. The owner or operator must meet the 
requirements of Sec. 63.982(a)(3).
    (2) A closed vent system designed to collect HAP-containing vapors 
displaced from tank trucks or railcars during loading and to route the 
collected vapors to a control device other than a flare. The owner or 
operator must meet the requirements of Sec. 63.982(a)(3).
    (3) Process piping designed to collect the HAP vapors displaced 
from tank trucks or railcars during loading and to route the collected 
vapors to a process where the HAP vapors shall predominantly meet one 
of, or a combination of, the ends specified in paragraphs (a)(3)(i) 
through (iv) of this section or to a fuel gas system. The owner or 
operator must meet the requirements of Sec. 63.982(a)(3).
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
HAP;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (4) Process piping designed to collect the HAP vapors displaced 
from tank trucks or railcars during loading and to route the collected 
vapors to a vapor balance system. The vapor balance system must be 
designed to route the

[[Page 46289]]

collected HAP vapors to the storage vessel from which the liquid being 
loaded originated, or to another storage vessel connected to a common 
header, or to compress and route collected HAP vapors to a process.
    (b) Operating requirements. An owner or operator of a transfer rack 
shall operate it in such a manner that emissions are routed through the 
equipment specified in paragraph (a) of this section.
    (c) Control device operation. Whenever HAP emissions are vented to 
a control device used to comply with the provisions of this subpart, 
such control device shall be operating.
    (d) Tank trucks and railcars. The owner or operator shall load HAP-
containing materials only into tank trucks and railcars that meet the 
requirement in paragraph (d)(1) or (2) of this section and shall 
maintain the records specified in paragraph (i) of this section.
    (1) Have a current certification in accordance with the U.S. 
Department of Transportation (DOT) pressure test requirements of 49 CFR 
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 
12 months as determined by the procedures in paragraph (h) of this 
section. Vapor-tight means that the pressure in a truck or railcar tank 
will not drop more than 750 pascals within 5 minutes after it is 
pressurized to a minimum of 4,500 pascals.
    (e) Pressure relief device. The owner or operator of a transfer 
rack subject to the provisions of this subpart shall ensure that no 
pressure relief device in the loading equipment of each tank truck or 
railcar shall begin to open to the atmosphere during loading. Pressure 
relief devices needed for safety purposes are not subject to the 
requirements of this paragraph.
    (f) Compatible system. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall load HAP-containing 
materials only to tank trucks or railcars equipped with a vapor 
collection system that is compatible with the transfer rack's closed 
vent system or process piping.
    (g) Loading while systems connected. The owner or operator of a 
transfer rack subject to this subpart shall load HAP-containing 
material only to tank trucks or railcars whose collection systems are 
connected to the transfer rack's closed vent system or process piping.
    (h) Vapor tightness procedures. For the purposes of demonstrating 
vapor tightness to determine compliance with paragraph (d)(2) of this 
section, the procedures and equipment specified in paragraphs (h)(1) 
and (2) shall be used.
    (1) The pressure test procedures specified in Method 27 of appendix 
A to 40 CFR part 60.
    (2) A pressure measurement device that has a precision of 
 2.5 millimeters of mercury or better and that is capable 
of measuring above the pressure at which the tank truck or railcar is 
to be tested for vapor tightness.
    (i) Recordkeeping. The owner or operator of a transfer rack shall 
record that the verification of DOT tank certification or Method 27 of 
appendix A to 40 CFR part 60 testing required in Sec. 63.84(c) has been 
performed. Various methods for the record of verification can be used, 
such as a check-off on a log sheet, a list of DOT serial numbers or 
Method 27 data, or a position description for gate security showing 
that the security guard will not allow any trucks on-site that do not 
have the appropriate documentation.

    17. Subpart YY is amended by adding Sec. 63.1114 to read as 
follows:


Sec. 63.1114  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
the applicable State, local, or tribal agency. If the EPA Administrator 
has delegated authority to a State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. Contact 
the applicable EPA Regional Office to find out if this subpart is 
delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (b)(1) through (5) 
of this section are retained by the EPA Administrator and are not 
transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the nonopacity emissions standards 
in Sec. 63.1103(a)(3), (b)(3) through (5), (c)(3), (d)(3), (e)(3), 
(f)(3), (g)(3) and (4), and (h)(3) under Sec. 63.6(g). Follow the 
requirements in Sec. 63.1113 to request permission to use an 
alternative means of emission limitation. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) [Reserved]
    (3) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (5) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.

[FR Doc. 02-12841 Filed 7-11-02; 8:45 am]
BILLING CODE 6560-50-P