[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Rules and Regulations]
[Pages 59336-59356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23260]



[[Page 59335]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Pesticide 
Active Ingredient Production; Final Rule

  Federal Register / Vol. 67, No. 183 / Friday, September 20, 2002 / 
Rules and Regulations  

[[Page 59336]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7375-9]
RIN 2060-AJ34


National Emission Standards for Hazardous Air Pollutants for 
Pesticide Active Ingredient Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: On June 23, 1999, EPA promulgated national emission standards 
for hazardous air pollutants (NESHAP) for Pesticide Active Ingredient 
(PAI) Production. On August 19, 20, and 23, 1999, petitions for 
judicial review of the June 1999 rule were filed in the U.S. Court of 
Appeals for the District of Columbia Circuit. The amendments proposed 
on April 10, 2002 were in response to issues raised by two of those 
petitioners--the American Crop Protection Association (ACPA) and the 
American Cyanamid Company (now BASF Corporation). In this action, EPA 
takes final action on those proposed amendments to the rule to address 
issues raised by petitioners and to correct inconsistencies that have 
been discovered since EPA originally promulgated the rule.

EFFECTIVE DATE: September 20, 2002.

ADDRESSES: Docket No. A-95-20 contains supporting information used in 
developing these MACT standards. All dockets are located at the U.S. 
EPA, Air and Radiation Docket and Information Center, Mail Code 6102T, 
1301 Constitution Avenue, NW., Room B108, 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: Mr. Randy McDonald, Organic Chemicals 
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5402, electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of the information considered by the EPA in the 
development of this rulemaking. The docket is a dynamic file because 
material is added throughout the rulemaking 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, excluding interagency review materials, will serve as the 
record in the case of judicial review. (See section 307(d)(7)(A) of the 
Clean Air Act (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.
    Judicial Review. Under Section 307(b)(1) of the CAA, judicial 
review of this final action is available only on the filing of a court 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by November 19, 2002. Under Section 307(b)(2) of the 
CAA, the requirements established by these final rule amendments may 
not be challenged later in civil or criminal proceedings brought by EPA 
to enforce these requirements.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this action will also be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this action will be posted on the EPA's TTN policy and guidance 
page for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN at EPA's web site provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. The regulated category and entities affected by 
this action include:

----------------------------------------------------------------------------------------------------------------
                                                                                          Examples of regulated
               Category                      NAICS codes               SIC codes                 entities
----------------------------------------------------------------------------------------------------------------
Industry.............................  Typically, 325199 and    Typically, 2869 and      [sbull] Producers of
                                        325320.                  2879.                    pesticide active
                                                                                          ingredients that
                                                                                          contain organic
                                                                                          compounds that are
                                                                                          used in herbicides,
                                                                                          insecticides, or
                                                                                          fungicides.
                                                                                         [sbull] Producers of
                                                                                          any integral
                                                                                          intermediate used in
                                                                                          onsite production of
                                                                                          an active ingredient
                                                                                          used in an herbicide,
                                                                                          insecticide, or
                                                                                          fungicide.
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the revisions to the rule 
affected by this action. To determine whether your facility, company, 
business, organization, etc., is regulated by this action, you should 
carefully examine all of the applicability criteria in Sec.  63.1360 of 
the rule, as well as in today's final action applicability sections. If 
you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Outline. The information presented in this preamble is organized as 
follows:

I. What Is the History of the PAI Production NESHAP?
II. What Types of Public Comments Were Received on the April 10, 
2002 Proposal?
III. What Changes Were Made for the Final Amendments?
    A. Technical Clarifications
    B. Minor Technical Corrections
IV. What Are the Administrative Requirements for the Proposed 
Amendments?
    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 for 
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. The Congressional Review Act
    J. Executive Order 13211, Actions Concerning Regulations That

[[Page 59337]]

Significantly Affect Energy Supply, Distribution, or Use

I. What Is the History of the PAI Production NESHAP?

    On June 23, 1999, we promulgated NESHAP for PAI Production as 
subpart MMM in 40 CFR part 63 (64 FR 33550). The American Crop 
Protection Association and American Cyanamid Company (now BASF 
Corporation) filed petitions for judicial review of the promulgated PAI 
Production NESHAP in the U.S. Court of Appeals for the District of 
Columbia Circuit, ACPA v. EPA, No. 99-1332, and American Cyanamid 
Company v. EPA, No. 99-1334 (Consolidated with ACPA v. EPA, No. 99-
1332) (D.C. Cir.). The petitioners raised issues regarding the 
applicability of the rule, the alternative standard, alternatives to 
the standard for storage vessels, outlet concentration standards, 
procedures for calculating emissions averaging credits, initial 
compliance requirements for condensers, and performance testing over an 
entire batch cycle.
    On January 18, 2002, ACPA and EPA signed a settlement agreement, 
which required us to propose amendments to the PAI Production NESHAP 
and include preamble discussion to clarify various issues raised by 
petitioners. Notice of this agreement was published in the Federal 
Register on February 4, 2002 (67 FR 5116) pursuant to the requirements 
of CAA section 113(g).
    On April 10, 2002, we proposed amendments to address the issues 
raised by ACPA and BASF Corporation and included additional corrections 
and clarifications to ensure that the rule is implemented as intended. 
Some of the proposed amendments provided new compliance options and 
other new provisions that would reduce the burden associated with 
demonstrating compliance.

II. What Types of Public Comments Were Received on the April 10, 2002 
Proposal?

    Two comment letters were received on the April 10, 2002 proposed 
amendments to the rule. Comment letters were received from the U.S. 
Department of the Interior and CropLife America (CLA), formerly the 
American Crop Protection Association. In general, the comment letters 
were supportive and raised no significant issues. However, one of the 
comment letters included suggested editorial revisions to address 
clarity concerns and to correct errors in cross referencing other 
sections in the rule. We considered and agree with these suggestions 
and have made changes for the final amendments.

III. What Changes Were Made for the Final Amendments?

    This preamble describes changes that address public comments on the 
proposed amendments and additional changes that clarify requirements 
and improve consistency with other rules.

A. Technical Clarifications

    The preamble to the proposed amendments described several changes 
we were considering to improve the clarity of the rule, which were in 
addition to the proposed rule amendments resulting from the settlement 
agreement. We solicited public comments on these changes and we 
received none, so today's final rule amendments include these changes. 
The changes involve emissions averaging, initial compliance procedures 
for condensers, the duration of performance test runs, performance test 
requirements for large control devices, and monitoring provisions for 
the alternative standard.
1. Emissions Averaging
    As described in the preamble to the proposed amendments, the 
emissions averaging provisions were intended to parallel the 
requirements in the Hazardous Organic NESHAP (HON). However, after 
making the changes for the settlement agreement, we realized that Sec.  
63.1362(h)(2) still differs from the HON in two ways. First, Sec.  
63.1362(h)(2) does not contain a requirement consistent with the HON's 
requirement that the control technology be approved for use in a manner 
that differs from the reference control technology. Since subpart MMM 
does not use the term ``reference control technology,'' we are adding 
language to Sec.  63.1362(h)(2) to require that the control technology 
must be approved for use in a manner different from that otherwise 
required by the rule.
    Second, the proposed changes to Sec.  63.1362(h)(2)(iii) address 
two components from the HON's definition of reference control 
technology for wastewater, but they do not address the requirement that 
emissions from the design steam stripper be controlled by 95 percent. 
Without this component in Sec.  63.1362(h)(2)(iii), no credits could be 
calculated for wastewater streams treated in a design steam stripper. 
Therefore, we are revising Sec.  63.1362(h)(2)(iii) to specify that 
credits may not be calculated if wastewater streams are managed as 
specified in Sec. Sec.  63.133 through 63.137, treated in a design 
steam stripper, and emissions from the design steam stripper are 
controlled in a device that meets the percent reduction requirements 
specified in Sec.  63.139(c). This change means that credits can be 
calculated if the emissions from the design steam stripper are 
controlled using a device that has been approved for use in a different 
manner and assigned a nominal control efficiency greater than 95 
percent.
2. Initial Compliance Procedures for Condensers Used To Control Process 
Vents
    Section 63.1365(c)(3)(iii) specifies initial compliance procedures 
for determining controlled emissions from condensers used to control 
process vents. For the final amendments, we are deleting the 
requirement to measure the temperature as part of the initial 
compliance demonstration and instead, allow the temperature to be 
determined through engineering design evaluations, as required in Sec.  
63.1365(a)(1)(iii). The owner or operator would then use that 
temperature to calculate the controlled emissions as part of the 
initial compliance determination. Temperature measurement is only 
required as part of the monitoring requirements to demonstrate ongoing 
compliance.
3. Test Duration Requirements for Batch Operations
    According to Sec.  63.1365(b)(11)(iv) of the proposed amendments, 
the maximum duration of a test run may be either 24 hours or the 
duration of the longest batch controlled by the control device, 
whichever is shorter. The paragraph goes on to specify that each test 
run must ``include the same absolute or hypothetical peak-case 
conditions, as defined in paragraph (b)(11)(i) or (ii) of this 
section.'' We are amending this paragraph differently than we did at 
proposal to specify different test run duration limits depending on the 
format of the standard with which the owner or operator complies.
    To demonstrate compliance with the percent reduction standard, the 
duration of test runs needs to be limited, only to the extent that the 
test run does not exceed the duration of the averaging period used in 
demonstrating ongoing compliance. Therefore, we are limiting the 
duration of test runs to 24 hours or the duration of the longest batch 
controlled by the control device, whichever is shorter. As we noted in 
the preamble to the proposed amendments, a consequence of this 
limitation is that, if the batch cycle exceeds 24 hours, an owner or 
operator may not take advantage of the exemption from developing an 
emission profile because

[[Page 59338]]

the test could not be conducted over the entire batch cycle in this 
case.
    On the other hand, for tests to demonstrate compliance with the 
outlet concentration limit, we are limiting the duration of test runs 
to the applicable peak-case conditions (i.e., 1 hour or up to 8 hours) 
because of the potential that a large number of low concentrations 
could be averaged in with high concentrations from a short period 
during the cycle, thereby rendering meaningless the concept of 
demonstrating compliance over peak-case conditions.
4. Performance Test Requirements for Large Control Devices
    Section 63.1365(c)(3)(ii)(A) specifies measurement requirements for 
performance tests used to demonstrate percent reduction levels for 
large control devices. We edited the language to make it easier to read 
and understand. The meaning is unchanged.
5. Monitoring for the Alternative Standard
    We have made a minor technical correction to eliminate an internal 
conflict in the monitoring provisions for the alternative standard. 
Specifically, the phrase ``98 percent or less'' in Sec.  
63.1366(b)(5)(ii)(A)(2) overlaps with the phrase ``95 percent or less'' 
in Sec.  63.1366(b)(5)(ii)(A)(1). Since there are no requirements to 
control in the range greater than 95 percent to less than 98 percent, 
we have replaced the phrase ``98 percent or less'' with ``98 percent'' 
for the final amendments.

B. Minor Technical Corrections

    One commenter suggested changes to correct a citation and to 
clarify the definition of a term for one equation. We concur with the 
suggestions and have made both changes. The sections and the associated 
changes are:
    [sbull] Section 63.1361--We replaced the incorrect reference to 
Sec.  63.1365(b)(2)(ii) with the correct reference to Sec.  
63.1365(c)(2)(ii) in the definition of ``process vent.''
    [sbull] Section 63.1365(a)(2)--We revised the definition of the 
term ``CGT'' in Equation 6 to read ``CGT = total 
concentration of TOC or organic HAP in vented gas stream, average of 
samples, dry basis, ppmv.'' The change makes it clear that the equation 
may be used to calculate concentrations of either total organic carbon 
(TOC) or organic hazardous air pollutants (HAP), not just TOC, and it 
makes the definition consistent with the text in Sec.  63.1365(a)(2).

IV. What Are the Administrative Requirements for the Amendments?

A. Executive Order 12866, Regulatory Planning and Review

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

B. Executive Order 13132, Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    Today's final amendments do not have federalism implications. They 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, because State and 
local governments do not own or operate any sources that would be 
subject to this rule. Thus, Executive Order 13132 does not apply to 
today's action.

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 9, 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.''
    The final rule does not have tribal implications, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
today's final amendments.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that 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 amendments are not 
subject to Executive Order 13045 because they are based on technology 
performance, not health or safety risks. Furthermore, the 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 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local,

[[Page 59339]]

and tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least-costly, most cost-effective, or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least-costly, most cost-effective, or least-
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that today's amendments do not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, or tribal governments, in the aggregate, or the 
private sector in any 1 year. For existing sources, the total annual 
cost of the PAI Production NESHAP has been estimated to be 
approximately $39.4 million (64 FR 33559, June 23, 1999). Today's 
amendments do not add new requirements that would increase this cost. 
Thus, today's amendments are not subject to the requirements of 
sections 202 and 205 of the UMRA. In addition, EPA has determined that 
these amendments contain no regulatory requirements that might 
significantly or uniquely affect small governments because they contain 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, today's amendments are not subject to the 
requirements of section 203 of the UMRA.

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

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's amendments on 
small entities, a small entity is defined as: (1) A small business in 
the North American Industrial Classification System (NAICS) code 325320 
(standard industrial classification (SIC) code 2879) that has up to 500 
employees; (2) a small business in NAICS code 325199 (SIC code 2869) 
that has up to 1,000 employees; (3) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (4) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's amendments on 
small entities, we have concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
The EPA has determined that none of the small entities will experience 
a significant impact because the amendments impose no additional 
regulatory requirements on owners or operators of affected sources.
    Although today's amendments will not have a significant economic 
impact, EPA nonetheless has tried to reduce the impact of the 
amendments on small entities. Many of the amendments define optional 
means of compliance. For example, vapor balancing was added as an 
optional means of compliance for storage tanks, compliance may be 
demonstrated for either TOC or total organic HAP rather than only TOC, 
monitoring of combustion device operating parameters is allowed under 
the alternative standard as an option to correcting to 3 percent 
oxygen, and we have specified additional EPA test methods that may be 
used to analyze wastewater without performing the validation procedures 
specified in Method 301 of Appendix A to 40 CFR part 63. We also added 
a provision that allows an owner or operator to request an extension to 
the specified period of planned routine maintenance of control devices 
for storage vessels during which the owner or operator is exempt from 
the standards. The amendments also simplify the initial compliance 
demonstration requirements and recordkeeping requirements for processes 
that are controlled by a dedicated control device.

G. Paperwork Reduction Act

    The OMB has approved the information collection requirements 
contained in the 1999 NESHAP under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2060-0370. An Information Collection Request (ICR) document has 
been prepared by EPA (ICR No. 1807.01), and a copy may be obtained from 
Susan Auby by mail at the Collection Strategies Division, U.S. EPA 
(2822), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail 
at [email protected], or by calling (202) 260-1672. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr.
    Today's amendments to the NESHAP will have no net impact on the 
information collection burden estimates made previously. An oversight 
has been corrected by adding recordkeeping and reporting requirements 
for add-on control devices for storage tanks equipped with floating 
roofs. The promulgated rule only included recordkeeping and reporting 
requirements for add-on control devices for storage tanks; even though 
both add-on control devices and floating roofs were considered in the 
cost impacts and burden estimates. Also, the amendments clarify the 
intent of several provisions in the 1999 NESHAP and correct inadvertent 
omissions and minor drafting errors in the 1999 NESHAP. Therefore, the 
ICR has not been revised.

H. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, Section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory 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, and business practices) developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    During the rulemaking, EPA searched for voluntary consensus 
standards that might be applicable. The search

[[Page 59340]]

identified 22 voluntary consensus standards that appeared to have 
possible use in lieu of EPA standard reference methods in the rule, but 
after review, none were considered practical alternatives to the 
specified EPA methods. An assessment of these voluntary consensus 
standards is presented in the preamble to the 1999 NESHAP (64 FR 33588, 
June 23, 1999). Today's action specifies additional EPA methods that 
may be used to determine the concentration of HAP in wastewater samples 
without conducting the validation procedures specified in 40 CFR 
63.144, but no additional voluntary consensus standards have been 
identified.

I. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective September 20, 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 (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: September 6, 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.

Subpart MMM--[Amended]

    2. Section 63.1360 is amended by:
    a. Revising paragraph (b) introductory text;
    b. Revising paragraph (b)(2);
    c. Revising paragraph (d)(3);
    d. Redesignating paragraph (d)(4) as paragraph (d)(5) and adding a 
new paragraph (d)(4);
    e. Revising paragraph (f) introductory text;
    f. Revising paragraphs (f)(2) through (4) and adding paragraph 
(f)(5);
    g. Revising paragraph (h); and
    h. Revising paragraph (i)(1).
    The revisions and additions read as follows:


Sec.  63.1360  Applicability.

* * * * *
    (b) New source applicability. A new affected source subject to this 
subpart and to which the requirements for new sources apply is defined 
according to the criteria in paragraph (b)(1) or (2) of this section.
* * * * *
    (2) Any dedicated PAI process unit that meets the criteria 
specified in paragraphs (b)(2)(i) and (ii) of this section.
    (i) For which construction, as defined in Sec.  63.1361, commenced 
after November 10, 1997, or reconstruction commenced after September 
20, 2002.
    (ii) That has the potential to emit 10 tons/yr of any one HAP or 25 
tons/yr of combined HAP.
* * * * *
    (d) * * *
    (3) Production of ethylene;
    (4) Coal tar distillation; and
* * * * *
    (f) Storage vessel applicability determination. An owner or 
operator shall follow the procedures specified in paragraphs (f)(1) 
through (5) of this section to determine whether a storage vessel is 
part of the affected source to which this subpart applies.
* * * * *
    (2) Unless otherwise excluded under paragraph (f)(1) of this 
section, the storage vessel is part of a PAI process unit if either the 
input to the vessel from the PAI process unit is greater than or equal 
to the input from any other PAI or non-PAI process unit, or the output 
from the vessel to the PAI process unit is greater than or equal to the 
output to any other PAI or non-PAI process unit. If the greatest input 
to and/or output from a shared storage vessel is the same for two or 
more process units, including one or more PAI process units, the owner 
or operator must assign the storage vessel to any one of the PAI 
process units that meet this condition.
    (3) Unless otherwise excluded under paragraph (f)(1) of this 
section, where a storage vessel is located in a tank farm (including a 
marine tank farm), the applicability of this subpart shall be 
determined according to the provisions in paragraphs (f)(3)(i) through 
(iii) of this section.
    (i) The storage vessel in the tank farm is not subject to the 
provisions of this subpart if the greatest input to or output from the 
storage vessel is for a non-PAI process unit. The input and output 
shall be determined among only those process units that share the 
storage vessel and that do not have an intervening storage vessel for 
that product (or raw material, as appropriate).
    (ii) Except for storage vessels in a tank farm excluded in 
accordance with paragraph (f)(3)(i) of this section, applicability of 
this subpart shall be determined according to the provisions in 
paragraphs (f)(3)(ii)(A) through (C) of this section.
    (A) Except as specified in paragraph (f)(3)(ii)(C) of this section, 
this subpart does not apply to the storage vessel in a tank farm if 
each PAI process unit that receives material from or sends material to 
the storage vessel has an intervening storage vessel for that material.
    (B) Except as specified in paragraph (f)(3)(ii)(C) of this section, 
a storage vessel in a tank farm shall be assigned to the PAI process 
unit that receives the greatest amount of material from or sends the 
greatest amount of material to the storage vessel and does not have an 
intervening storage vessel. If two or more PAI process units have the 
same input to or output from the storage vessel in the tank farm, then 
the storage vessel in the tank farm may be assigned to any one of the 
PAI process units that meet this condition.
    (C) As an alternative to the requirements specified in paragraphs 
(f)(3)(ii)(A) and (B) of this section, even if an intervening storage 
vessel is present, an owner or operator may elect to assign a storage 
vessel in a tank farm to the PAI process unit that sends the most 
material to or receives the most material from the storage vessel. If 
two or more PAI process units have the same input to or output from the 
storage vessel in the tank farm, then the storage vessel in the tank 
farm may be assigned to any one of the PAI process units that meet this 
condition.

[[Page 59341]]

    (iii) With respect to a process unit, an intervening storage vessel 
means a storage vessel connected by hard-piping to the process unit and 
to the storage vessel in the tank farm so that the product or raw 
material entering or leaving the process flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) 
the storage vessel in the tank farm.
    (4) If use varies from year to year, then use for the purposes of 
this subpart for existing sources shall be based on the utilization 
that occurred during the year preceding June 23, 1999, or if the 
storage vessel was not in operation during that year, the use shall be 
based on the expected use in the 5 years after startup. This 
determination shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (5) If the storage vessel begins receiving material from (or 
sending material to) another process unit, or ceasing to receive 
material from (or send material to) a PAI process unit, or if there is 
a significant change in the use of the storage vessel, the owner or 
operator shall reevaluate the ownership determination for the storage 
vessel.
* * * * *
    (h) Applicability of process units included in a process unit 
group. An owner or operator may elect to develop process unit groups in 
accordance with paragraph (h)(1) of this section. For the PAI process 
units in these process unit groups, the owner or operator may comply 
with the provisions in overlapping MACT standards, as specified in 
paragraphs (h)(2) through (4) of this section, as an alternative means 
of demonstrating compliance with the provisions of this subpart.
    (1) Develop, revise, and document changes in a process unit group 
in accordance with the procedures specified in paragraphs (h)(1)(i) 
through (vi) of this section.
    (i) Initially identify a non-dedicated PAI process unit that is 
operating on December 23, 2003 or a date after December 23, 2003, and 
identify all processing equipment that is part of this PAI process 
unit, based on descriptions in operating scenarios.
    (ii) Add to the group any other non-dedicated PAI and non-dedicated 
non-PAI process units expected to be operated in the 5 years after the 
date specified in paragraph (h)(1)(i) of this section, provided they 
satisfy the criteria specified in paragraphs (h)(1)(ii)(A) through (C) 
of this section. Also identify all of the processing equipment used for 
each process unit based on information from operating scenarios and 
other applicable documentation.
    (A) Each PAI process unit that is added to a group must have some 
processing equipment that is part of one or more PAI process units that 
are already in the process unit group.
    (B) Each non-PAI process unit that is added to a group must have 
some processing equipment that is also part of one or more of the PAI 
process units in the group.
    (C) No process unit may be part of more than one process unit 
group.
    (iii) The initial process unit group consists of all of the 
processing equipment for the process units identified in paragraphs 
(h)(1)(i) and (ii) of this section.
    (iv) If compliance is to be demonstrated in accordance with 
paragraph (h)(3) of this section, determine the primary product of the 
process unit group according to the procedures specified in paragraphs 
(h)(1)(iv)(A) through (C) of this section.
    (A) The primary product is the type of product (e.g., PAI, 
pharmaceutical product, thermoplastic resin, etc.) that is expected to 
be produced for the greatest operating time in the 5-year period 
specified in paragraph (h)(1)(i) of this section.
    (B) If the process unit group produces multiple products equally 
based on operating time, then the primary product is the product with 
the greatest production on a mass basis over the 5-year period 
specified in paragraph (h)(1)(i) of this section.
    (C) The primary product of the group must be redetermined if the 
owner or operator does not intend to make that product in the future or 
if it has not been made for 5 years. The results of the redetermination 
must be recorded as specified in Sec.  63.1367(b) and reported in a 
Periodic report no later than the report covering the period for the 
end of the 5th year as specified in Sec.  63.1368(g)(2). If the primary 
product changes, the owner or operator must either demonstrate 
compliance with the applicable subpart as specified in paragraph (h)(3) 
of this section or demonstrate compliance with the provisions of this 
subpart MMM.
    (v) Add process units developed in the future in accordance with 
the conditions specified in paragraphs (h)(1)(ii)(A) through (C) of 
this section.
    (vi) Maintain records of changes in the process units in each 
process unit group as specified in Sec.  63.1367(b)(9), and maintain 
reports as specified in Sec.  63.1368(f)(9) and (g)(2)(ix).
    (2) If any of the products produced in the process unit group are 
subject to 40 CFR part 63, subpart GGG (Pharmaceuticals MACT), the 
owner or operator may elect to comply with the requirements of subpart 
GGG for the PAI process unit(s) within the process unit group, except 
for the following:
    (i) The emission limit standard for process vents in Sec.  
63.1362(b)(2)(i) shall apply in place of Sec.  63.1254(a)(2);
    (ii) When the dates of April 2, 1997 and April 2, 2007 are provided 
in Sec.  63.1254(a)(3)(ii), the dates of November 10, 1997 and November 
10, 2007, respectively, shall apply for purposes of this subpart MMM; 
and
    (iii) Requirements in Sec.  63.1367(a)(5) regarding application for 
approval of construction or reconstruction shall apply in place of the 
provisions in Sec.  63.1259(a)(5).
    (3) If the primary product of a process unit group is determined to 
be a type of material that is subject to another subpart of 40 CFR part 
63 on June 23, 1999 or startup of the first process unit after 
formation of the process unit group, whichever is later, the owner or 
operator may elect to comply with the other subpart for any PAI process 
unit within the process unit group, subject to the requirement in this 
paragraph (h)(3). Emissions from PAI Group 1 process vents, as defined 
in Sec.  63.1361, must be reduced in accordance with the control 
requirements for Group 1 vents as specified in the alternative subpart. 
The criteria in the alternative subpart for determining which process 
vents must be controlled do not apply for the purposes of this 
paragraph (h)(3).
    (4) The requirements for new and reconstructed sources in the 
alternative subpart apply to all PAI process units in the process unit 
group if, and only if, the affected source under the alternative 
subpart meets the requirements for construction or reconstruction.
    (i) * * *
    (1) Compliance with other MACT standards. (i) After the compliance 
dates specified in Sec.  63.1364, an affected source subject to the 
provisions of this subpart that is also subject to the provisions of 
any other subpart of 40 CFR part 63 may elect, to the extent the 
subparts are consistent, under which subpart to maintain records and 
report to EPA. The affected source shall identify in the Notification 
of Compliance Status report required by Sec.  63.1368(f) under which 
authority such records will be maintained.
    (ii) After the compliance dates specified in Sec.  63.1364, at an 
offsite reloading or cleaning facility subject to Sec.  63.1362(b)(6), 
compliance with the emission standards and associated initial 
compliance monitoring, recordkeeping, and reporting provisions of any 
other subpart of 40 CFR part 63

[[Page 59342]]

constitutes compliance with the provisions of Sec.  
63.1362(b)(6)(vii)(B) or (C). The owner or operator of the affected 
storage vessel shall identify in the Notification of Compliance Status 
report required by Sec.  63.1368(f) the subpart of 40 CFR part 63 with 
which the owner or operator of the offsite reloading or cleaning 
facility complies.
* * * * *

    3. Section 63.1361 is amended by:
    a. Revising the definitions for ``Construction,'' ``Consumption,'' 
``Group 1 storage vessel,'' ``Group 1 wastewater stream,'' 
``Intermediate,'' ``Process,'' ``Process unit group,'' ``Process 
vent,'' ``Recovery device,'' ``Supplemental gases,'' and 
``Wastewater'';
    b. Revising ``equipment identified in Sec.  63.1362(l)'' to read 
``equipment identified in Sec.  63.1362(k)'' in the definition of 
``pesticide active ingredient manufacturing process unit (PAI process 
unit)''; and
    c. Adding definitions in alphabetical order for ``Dedicated PAI 
process unit,'' ``Formulation of pesticide products,'' ``Non-dedicated 
PAI process unit,'' ``Reconfiguration,'' and ``Reconstruction.''
    The revisions and additions read as follows:


Sec.  63.1361  Definitions.

* * * * *
    Construction means the onsite fabrication, erection, or 
installation of an affected source or dedicated PAI process unit. 
Addition of new equipment to an affected source does not constitute 
construction, provided the new equipment is not a dedicated PAI process 
unit with the potential to emit 10 tons/yr of any one HAP or 25 tons/yr 
of combined HAP, but it may constitute reconstruction of the affected 
source or PAI process unit if it satisfies the definition of 
reconstruction in this section. At an affected source, changing raw 
materials processed and reconfiguring non-dedicated equipment to create 
a non-dedicated PAI process unit do not constitute construction.
    Consumption means the quantity of all HAP raw materials entering a 
process in excess of the theoretical amount used as reactant, assuming 
100 percent stoichiometric conversion. The raw materials include 
reactants, solvents, and any other additives. If HAP are generated in 
the process as well as added as raw material, consumption includes the 
quantity generated in the process.
* * * * *
    Dedicated PAI process unit means a PAI process unit constructed 
from equipment that is fixed in place and designed and operated to 
produce only a single product or co-products. The equipment is not 
designed to be reconfigured to create different process units, and it 
is not operated with different raw materials so as to produce different 
products.
* * * * *
    Formulation of pesticide products means the mixing, blending, or 
diluting of a PAI with one or more other PAI or inert ingredients.
* * * * *
    Group 1 storage vessel means a storage vessel at an existing 
affected source with a capacity equal to or greater than 75 
m3 and storing material with a maximum true vapor pressure 
greater than or equal to 3.45 kPa, a storage vessel at a new affected 
source with a capacity equal to or greater than 40 m3 and 
storing material with a maximum true vapor pressure greater than or 
equal to 16.5 kPa, or a storage vessel at a new affected source with a 
capacity greater than or equal to 75 m3 and storing material 
with a maximum true vapor pressure greater than or equal to 3.45 kPa.
* * * * *
    Group 1 wastewater stream means process wastewater at an existing 
or new source that meets the criteria for Group 1 status in Sec.  
63.132(c) for compounds in Table 9 of subpart G of this part or a 
maintenance wastewater stream that contains 5.3 Mg of compounds in 
Table 9 of subpart G of this part per discharge event.
* * * * *
    Intermediate means an organic compound that is manufactured in a 
process and that is further processed or modified in one or more 
additional steps to ultimately produce a PAI.
* * * * *
    Non-dedicated PAI process unit means a process unit that is not a 
dedicated PAI process unit.
* * * * *
    Process means a logical grouping of processing equipment which 
collectively function to produce a product. For the purpose of this 
subpart, a PAI process includes all, or a combination of, reaction, 
recovery, separation, purification, treatment, cleaning, and other 
activities or unit operations which are used to produce a PAI or 
integral intermediate. Ancillary activities are not considered a PAI 
process or any part of a PAI process. Ancillary activities include 
boilers and incinerators (not used to comply with the provisions of 
Sec.  63.1362), chillers or refrigeration systems, and other equipment 
and activities that are not directly involved (i.e., they operate 
within a closed system and materials are not combined with process 
fluids) in the processing of raw materials or the manufacturing of a 
PAI. A PAI process and all integral intermediate processes for which 
100 percent of the annual production is used in the production of the 
PAI may be linked together and defined as a single PAI process unit.
* * * * *
    Process unit group means a group of process units that manufacture 
PAI and products other than PAI by alternating raw materials or 
operating conditions, or by reconfiguring process equipment. A process 
unit group is determined according to the procedures specified in Sec.  
63.1360(g).
    Process vent means a point of emission from processing equipment to 
the atmosphere or a control device. The vent may be the release point 
for an emission stream associated with an individual unit operation, or 
it may be the release point for emission streams from multiple unit 
operations that have been manifolded together into a common header. 
Examples of process vents include, but are not limited to, vents on 
condensers used for product recovery, bottom receivers, surge control 
vessels, reactors, filters, centrifuges, process tanks, and product 
dryers. A vent is not considered to be a process vent for a given 
emission episode if the undiluted and uncontrolled emission stream that 
is released through the vent contains less than 50 ppmv HAP, as 
determined through process knowledge that no HAP are present in the 
emission stream; using an engineering assessment as discussed in Sec.  
63.1365(c)(2)(ii); from test data collected using Method 18 of 40 CFR 
part 60, appendix A; or from test data collected using any other test 
method that has been validated according to the procedures in Method 
301 of appendix A of this part. Process vents do not include vents on 
storage vessels regulated under Sec.  63.1362(c), vents on wastewater 
emission sources regulated under Sec.  63.1362(d), or pieces of 
equipment regulated under Sec.  63.1363.
* * * * *
    Reconfiguration means disassembly of processing equipment for a 
particular non-dedicated process unit and reassembly of that processing 
equipment in a different sequence, or in combination with other 
equipment, to create a different non-dedicated process unit.
    Reconstruction, as used in Sec.  63.1360(b), shall have the meaning 
given in Sec.  63.2, except that ``affected or previously unaffected 
stationary source''

[[Page 59343]]

shall mean either ``affected facility'' or ``PAI process unit.''
    Recovery device, as used in the wastewater provisions, means an 
individual unit of equipment capable of, and normally used for the 
purpose of, recovering chemicals for fuel value (i.e., net positive 
heating value), use, reuse, or for sale for fuel value, use, or reuse. 
Examples of equipment that may be recovery devices include organic 
removal devices such as decanters, strippers, or thin-film evaporation 
units. To be a recovery device, a decanter and any other equipment 
based on the operating principle of gravity separation must receive 
only multi-phase liquid streams.
* * * * *
    Supplemental gases means any nonaffected gaseous streams (streams 
that are not from process vents, storage vessels, equipment or waste 
management units) that contain less than 50 ppmv TOC and less than 50 
ppmv total HCl and chlorine, as determined through process knowledge, 
and are combined with an affected vent stream. Supplemental gases are 
often used to maintain pressures in manifolds or for fire and explosion 
protection and prevention. Air required to operate combustion device 
burner(s) is not considered a supplemental gas.
* * * * *
    Wastewater means water that meets either of the conditions 
described in paragraph (1) or (2) of this definition and is discarded 
from a PAI process unit that is at an affected source:
    (1) Is generated from a PAI process or a scrubber used to control 
emissions from a PAI process and contains either:
    (i) An annual average concentration of compounds in Table 9 of 
subpart G of this part of at least 5 ppmw and has an average flow rate 
of 0.02 L/min or greater; or
    (ii) An annual average concentration of compounds in Table 9 of 
subpart G of this part of at least 10,000 ppmw at any flow rate;
    (2) Is generated from a PAI process unit as a result of maintenance 
activities and contains at least 5.3 Mg of compounds listed in Table 9 
of subpart G of this part per individual discharge event.
* * * * *

    4. Section 63.1362 is amended by:
    a. Revising paragraph (b)(2)(iv)(A);
    b. Revising paragraph (b)(4)(ii)(A);
    c. Revising paragraph (b)(5)(ii);
    d. Revising paragraph (b)(6);
    e. Revising paragraph (c)(2) introductory text;
    f. Revising paragraph (c)(2)(iv) introductory text;
    g. Revising paragraph (c)(2)(iv)(B);
    h. Revising paragraphs (c)(3) through (6);
    i. Adding paragraph (c)(7);
    j. Revising paragraph (d) introductory text;
    k. Revising paragraph (d)(2) introductory text;
    l. Removing paragraph (d)(2)(v);
    m. Revising paragraphs (d)(12) through (14);
    n. Adding paragraphs (d)(15) and (16);
    o. Revising paragraph (h)(2) introductory text;
    p. Revising paragraphs (h)(2)(i) and (iii); and
    q. Revising paragraphs (h)(3) and (4).
    The revisions and additions read as follows:


Sec.  63.1362  Standards.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (A) To outlet concentrations less than or equal to 20 ppmv; or
* * * * *
    (4) * * *
    (ii) * * *
    (A) To outlet concentrations less than or equal to 20 ppmv; or
* * * * *
    (5) * * *
    (ii) If HCl and Cl2 emissions, including HCl generated 
from combustion of halogenated process vent emissions, from the sum of 
all process vents within a process are greater than 6.8 Mg/yr and less 
than or equal to 191 Mg/yr, these HCl and Cl2 emissions 
shall be reduced by 94 percent or to an outlet concentration less than 
or equal to 20 ppmv.
* * * * *
    (6) Alternative standard. As an alternative to the provisions in 
paragraphs (b)(2) through (5) of this section, the owner or operator 
may route emissions from a process vent to a combustion control device 
achieving an outlet TOC concentration, as calibrated on methane or the 
predominant HAP, of 20 ppmv or less, and an outlet concentration of HCl 
and Cl2 of 20 ppmv or less. If the owner or operator is 
routing emissions to a non-combustion control device or series of 
control devices, the control device(s) must achieve an outlet TOC 
concentration, as calibrated on methane or the predominant HAP, of 50 
ppmv or less, and an outlet concentration of HCl and Cl2 of 
50 ppmv or less. Any process vents within a process that are not routed 
to such a control device or series of control devices must be 
controlled in accordance with the provisions of paragraph (b)(2)(ii), 
(iii), (iv), (b)(3)(ii), (b)(4)(ii), (b)(5)(ii) or (iii) of this 
section, as applicable.
    (c) * * *
    (2) Standard for existing sources. Except as specified in 
paragraphs (c)(4), (5), and (6) of this section, the owner or operator 
of a Group 1 storage vessel at an existing affected source, as defined 
in Sec.  63.1361, shall equip the affected storage vessel with one of 
the following:
* * * * *
    (iv) A closed vent system meeting the conditions of paragraph (j) 
of this section and a control device that meets any of the following 
conditions:
* * * * *
    (B) Reduces organic HAP emissions to outlet concentrations of 20 
ppmv or less; or
* * * * *
    (3) Standard for new sources. Except as specified in paragraphs 
(c)(4), (5), and (6) of this section, the owner or operator of a Group 
1 storage vessel at a new source, as defined in Sec.  63.1361, shall 
equip the affected storage vessel in accordance with any one of 
paragraphs (c)(2)(i) through (iv) of this section.
    (4) Alternative standard. As an alternative to the provisions in 
paragraphs (c)(2) and (3) of this section, the owner or operator of an 
existing or new affected source may route emissions from storage 
vessels to a combustion control device achieving an outlet TOC 
concentration, as calibrated on methane or the predominant HAP, of 20 
ppmv or less, and an outlet concentration of hydrogen chloride and 
chlorine of 20 ppmv or less. If the owner or operator is routing 
emissions to a non-combustion control device or series of control 
devices, the control device(s) must achieve an outlet TOC 
concentration, as calibrated on methane or the predominant HAP, of 50 
ppmv or less, and an outlet concentration of HCl and Cl2 of 
50 ppmv or less.
    (5) Planned routine maintenance. The owner or operator is exempt 
from the specifications in paragraphs (c)(2) through (4) of this 
section during periods of planned routine maintenance of the control 
device that do not exceed 240 hr/yr. The owner or operator may submit 
an application to the Administrator requesting an extension of this 
time limit to a total of 360 hr/yr. The application must explain why 
the extension is needed, it must indicate that no material will be 
added to the storage vessel between the time the 240-hr limit is 
exceeded and the control device is again operational, and it must be 
submitted at least 60 days before the 240-hr limit will be exceeded.

[[Page 59344]]

    (6) Vapor balancing alternative. As an alternative to the 
requirements in paragraphs (c)(2) and (3) of this section, the owner or 
operator of an existing or new affected source may implement vapor 
balancing in accordance with paragraphs (c)(6)(i) through (vii) of this 
section.
    (i) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the railcar or tank truck from which the storage tank is filled.
    (ii) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation pressure test 
requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for 
railcars.
    (iii) Hazardous air pollutants must only be unloaded from tank 
trucks or railcars when vapor collection systems are connected to the 
storage tank's vapor collection system.
    (iv) No pressure relief device on the storage tank or on the 
railcar or tank truck shall open during loading or as a result of 
diurnal temperature changes (breathing losses).
    (v) Pressure relief devices on affected storage tanks must be set 
to no less than 2.5 psig at all times to prevent breathing losses. The 
owner or operator shall record the setting as specified in Sec.  
63.1367(b)(8) and comply with the following requirements for each 
pressure relief valve:
    (A) The pressure relief valve shall be monitored quarterly using 
the method described in Sec.  63.180(b).
    (B) An instrument reading of 500 ppmv or greater defines a leak.
    (C) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec.  63.1363(g)(4)(i) through (iv).
    (vi) Railcars or tank trucks that deliver HAP to an affected 
storage tank must be reloaded or cleaned at a facility that utilizes 
one of the following control techniques:
    (A) The railcar or tank truck must be connected to a closed vent 
system with a control device that reduces inlet emissions of HAP by 90 
percent by weight or greater; or
    (B) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the tank truck or railcar during 
reloading must be used to route the collected HAP vapor to the storage 
tank from which the liquid being transferred originated.
    (vii) The owner or operator of the facility where the railcar or 
tank truck is reloaded or cleaned must comply with the following 
requirements:
    (A) Submit to the owner or operator of the affected storage tank 
and to the Administrator a written certification that the reloading or 
cleaning facility will meet the requirements of this section. The 
certifying entity may revoke the written certification by sending a 
written statement to the owner or operator of the affected storage tank 
giving at least 90 days notice that the certifying entity is rescinding 
acceptance of responsibility for compliance with the requirements of 
this paragraph (c)(6)(vii)(A).
    (B) If complying with paragraph (c)(6)(vi)(A) of this section, 
demonstrate initial compliance in accordance with Sec.  63.1365(d), 
demonstrate continuous compliance in accordance with Sec.  63.1366, 
keep records as specified in Sec.  63.1367, and prepare reports as 
specified in Sec.  63.1368.
    (C) If complying with paragraph (c)(6)(vi)(B) of this section, keep 
records of:
    (1) The equipment to be used and the procedures to be followed when 
reloading the railcar or tank truck and displacing vapors to the 
storage tank from which the liquid originates, and
    (2) Each time the vapor balancing system is used to comply with 
paragraph (c)(6)(vi)(B) of this section.
    (7) Compliance with the provisions of paragraphs (c)(2) and (3) of 
this section is demonstrated using the initial compliance procedures in 
Sec.  63.1365(d) and the monitoring requirements in Sec.  63.1366. 
Compliance with the outlet concentrations in paragraph (c)(4) of this 
section shall be determined by the initial compliance provisions in 
Sec.  63.1365(a)(5) and the continuous emission monitoring requirements 
of Sec.  63.1366(b)(5).
    (d) Wastewater. The owner or operator of each affected source shall 
comply with the requirements of Sec. Sec.  63.132 through 63.147, with 
the differences noted in paragraphs (d)(1) through (16) of this section 
for the purposes of this subpart.
* * * * *
    (2) When the storage tank requirements contained in Sec. Sec.  
63.119 through 63.123 are referred to in Sec. Sec.  63.132 through 
63.147, Sec. Sec.  63.119 through 63.123 are applicable, with the 
exception of the differences noted in paragraphs (d)(2)(i) through (iv) 
of this section.
* * * * *
    (12) As an alternative to using Method 18 of 40 CFR part 60, as 
specified in Sec. Sec.  63.139(c)(1)(ii) and 63.145(i)(2), the owner or 
operator may elect to use Method 25 or Method 25A of 40 CFR part 60, as 
specified in Sec.  63.1365(b).
    (13) The requirement to correct outlet concentrations from 
combustion devices to 3 percent oxygen in Sec.  63.139(c)(1)(ii) shall 
apply only if supplemental gases are combined with affected vent 
streams, and the procedures in Sec.  63.1365(a)(7)(i) apply instead of 
the procedures in Sec.  63.145(i)(6) to determine the percent oxygen 
correction. If emissions are controlled with a vapor recovery system as 
specified in Sec.  63.139(c)(2), the owner or operator must correct for 
supplemental gases as specified in Sec.  63.1365(a)(7)(ii).
    (14) As an alternative to the management and treatment options 
specified in Sec.  63.132(g)(2), any Group 1 wastewater stream (or 
residual removed from a Group 1 wastewater stream) that contains less 
than 50 ppmw of HAP listed in Table 2 to subpart GGG of this part may 
be transferred offsite or to an on-site treatment operation not owned 
or operated by the owner or operator of the source generating the 
wastewater (or residual) if the transferee manages and treats the 
wastewater stream or residual in accordance with paragraphs (d)(14)(i) 
through (iv) of this section.
    (i) Treat the wastewater stream or residual in a biological 
treatment unit in accordance with Sec. Sec.  63.138 and 63.145.
    (ii) Cover the waste management units up to the activated sludge 
unit. Alternatively, covers are not required if the owner or operator 
demonstrates that less than 5 percent of the total HAP listed in Table 
3 to subpart GGG of this part is emitted.
    (iii) Inspect covers as specified in Sec.  63.1366(h).
    (iv) The reference in Sec.  63.132(g)(2) to ``Sec.  63.102(b) of 
subpart F'' does not apply for the purposes of this subpart.
    (15) When Sec.  63.133 refers to Table 10 to subpart G of this 
part, the maximum true vapor pressures in the table shall be limited to 
the HAP listed in Table 9 to subpart G of this part.
    (16) When the inspection, recordkeeping, and reporting requirements 
contained in Sec.  63.148 are referred to in Sec. Sec.  63.132 through 
63.147, the inspection requirements in Sec.  63.1366(h), the 
recordkeeping requirements in Sec.  63.1367(f), and the reporting 
requirements in Sec.  63.1368(g)(2)(iii) and (xi) shall apply for the 
purposes of this subpart.
* * * * *
    (h) * * *
    (2) Group 1 emission points that are controlled as specified in 
paragraphs (h)(2)(i) through (iii) of this section may not be used to 
calculate emissions averaging credits, unless the equipment

[[Page 59345]]

is approved for use in a different manner from that specified in 
paragraphs (b) through (d) of this section, and a nominal efficiency 
has been assigned according to the procedures in Sec.  63.150(i). The 
nominal efficiency must exceed the percent reduction required by 
paragraphs (b) and (c) of this section for process vents and storage 
vessels, respectively, exceed the percent reduction required in Sec.  
63.139(c) for control devices used to control emissions vented from 
waste management units, and exceed the percent reduction required in 
Sec.  63.138(e) or (f) for wastewater treatment processes.
    (i) Storage vessels controlled with an internal floating roof 
meeting the specifications of Sec.  63.119(b), an external floating 
roof meeting the specifications of Sec.  63.119(c), or an external 
floating roof converted to an internal floating meeting the 
specifications of Sec.  63.119(d).
* * * * *
    (iii) Wastewater streams that are managed in waste management units 
that are controlled as specified in Sec. Sec.  63.133 through 63.137, 
treated using a steam stripper meeting the specifications of Sec.  
63.138(d), and emissions from the steam stripper are controlled in a 
control device that meets the percent reduction requirements specified 
in Sec.  63.139(c).
    (3) Process vents and storage vessels controlled with a control 
device to an outlet concentration of 20 ppmv or 50 ppmv, as specified 
in paragraph (b)(2)(iv)(A), (b)(3)(ii), (b)(6), (c)(2)(iv)(B), or 
(c)(4) of this section, and wastewater streams controlled in a 
treatment unit to an outlet concentration of 50 ppmw, may not be used 
in any averaging group.
    (4) Maintenance wastewater streams, wastewater streams treated in 
biological treatment units, and Group 2 wastewater streams that are not 
managed as specified in Sec. Sec.  63.133 through 63.137 may not be 
included in any averaging group.
* * * * *

    5. Section 63.1363 is amended by:
    a. Revising paragraph (a)(1);
    b. Revising paragraphs (a)(10)(ii) and (iii);
    c. Revising paragraphs (b)(3)(iii)(A) through (F);
    d. Adding paragraph (b)(3)(iii)(G);
    e. Revising paragraph (b)(3)(iv);
    f. Revising paragraphs (c)(2)(i) and (iii);
    g. Revising paragraph (c)(3)(i);
    h. Revising paragraph (c)(4)(ii);
    i. Revising paragraph (c)(5) introductory text;
    j. Revising paragraph (c)(5)(iv);
    k. Removing paragraphs (c)(5)(vi)(C) and (D);
    l. Adding paragraph (c)(5)(vii);
    m. Revising paragraph (c)(6);
    n. Revising paragraph (c)(9);
    o. Revising paragraph (e)(7)(iii);
    p. Revising paragraph (e)(9);
    q. Revising paragraph (f); and
    r. Revising paragraph (g)(2)(vi).
    The revisions and additions read as follows:


Sec.  63.1363  Standards for equipment leaks.

    (a) * * *
    (1) The provisions of this section apply to ``equipment'' as 
defined in Sec.  63.1361. The provisions of this section also apply to 
any closed-vent systems and control devices required by this section.
* * * * *
    (10) * * *
    (ii) The identification on a valve in light liquid or gas/vapor 
service may be removed after it has been monitored as specified in 
paragraph (e)(7)(iii) of this section, and no leak has been detected 
during the follow-up monitoring. If an owner or operator elects to 
comply with Sec.  63.174(c)(1)(i), the identification on a connector 
may be removed after it has been monitored as specified in Sec.  
63.174(c)(1)(i) and no leak is detected during that monitoring.
    (iii) The identification on equipment, except as specified in 
paragraph (a)(10)(ii) of this section, may be removed after it has been 
repaired.
* * * * *
    (b) * * *
    (3) * * *
    (iii) * * *
    (A) Section 63.174(b), (f), (g), and (h) shall not apply. In place 
of Sec.  63.174(b), the owner or operator shall comply with paragraphs 
(b)(3)(iii)(C) through (G) of this section. In place of Sec.  
63.174(f), (g), and (h), the owner or operator shall comply with 
paragraph (f) of this section.
    (B) Days that the connectors are not in organic HAP service shall 
not be considered part of the 3-month period in Sec.  63.174(c).
    (C) If the percent leaking connectors in a group of processes was 
greater than or equal to 0.5 percent during the initial monitoring 
period, monitoring shall be performed once per year until the percent 
leaking connectors is less than 0.5 percent.
    (D) If the percent leaking connectors in the group of processes was 
less than 0.5 percent, but equal to or greater than 0.25 percent, 
during the last required monitoring period, monitoring shall be 
performed once every 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors in the first 2 years and the remainder of the connectors 
within the next 2 years. The percent leaking connectors will be 
calculated for the total of all monitoring performed during the 4-year 
period.
    (E) The owner or operator shall increase the monitoring frequency 
to once every 2 years for the next monitoring period if leaking 
connectors comprise at least 0.5 percent but less than 1.0 percent of 
the connectors monitored within either the 4 years specified in 
paragraph (b)(3)(iii)(D) of this section, the first 4 years specified 
in paragraph (b)(3)(iii)(G) of this section, or the entire 8 years 
specified in paragraph (b)(3)(iii)(G) of this section. At the end of 
that 2-year monitoring period, the owner or operator shall monitor once 
per year while the percent leaking connectors is greater than or equal 
to 0.5 percent; if the percent leaking connectors is less than 0.5 
percent, the owner or operator may again elect to monitor in accordance 
with paragraph (b)(3)(iii)(D) or (G) of this section, as applicable.
    (F) If an owner or operator complying with the requirements of 
paragraph (b)(3)(iii)(D) or (G) of this section for a group of 
processes determines that 1 percent or greater of the connectors are 
leaking, the owner or operator shall increase the monitoring frequency 
to one time per year. The owner or operator may again elect to use the 
provisions of paragraph (b)(3)(iii)(D) or (G) of this section after a 
monitoring period in which less than 0.5 percent of the connectors are 
determined to be leaking.
    (G) Monitoring shall be required once every 8 years, if the percent 
leaking connectors in the group of process units was less than 0.25 
percent during the last required monitoring period. An owner or 
operator shall monitor at least 50 percent of the connectors in the 
first 4 years and the remainder of the connectors within the next 4 
years. If the percent leaking connectors in the first 4 years is equal 
to or greater than 0.35 percent, the monitoring program shall revert at 
that time to the appropriate monitoring frequency specified in 
paragraph (b)(3)(iii)(D), (E), or (F) of this section.
    (iv) Section 63.178, shall apply, except as specified in paragraphs 
(b)(3)(iv)(A) and (B) of this section.
    (A) Section 63.178(b), requirements for pressure testing, shall 
apply to all processes, not just batch processes.
    (B) For pumps, the phrase ``at the frequencies specified in Table 1 
of this

[[Page 59346]]

subpart'' in Sec.  63.178(c)(3)(iii) shall mean ``quarterly'' for the 
purposes of this subpart.
* * * * *
    (c) * * *
    (2) * * *
    (i) Monitoring. Each pump and agitator subject to this section 
shall be monitored quarterly to detect leaks by the method specified in 
Sec.  63.180(b), except as provided in Sec. Sec.  63.177, 63.178, 
paragraph (f) of this section, and paragraphs (c)(5) through (9) of 
this section.
* * * * *
    (iii) Visual inspections. Each pump and agitator shall be checked 
by visual inspection each calendar week for indications of liquids 
dripping from the pump or agitator seal. If there are indications of 
liquids dripping from the seal at the time of the weekly inspection, 
the owner or operator shall follow the procedure specified in either 
paragraph (c)(2)(iii)(A) or (B) of this section prior to the next 
weekly inspection.
    (A) The owner or operator shall monitor the pump or agitator by the 
method specified in Sec.  63.180(b). If the instrument reading 
indicates a leak as specified in paragraph (c)(2)(ii) of this section, 
a leak is detected.
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (3) * * *
    (i) When a leak is detected pursuant to paragraph (c)(2)(i), 
(c)(2)(iii)(A), (c)(5)(iv)(A), or (c)(5)(vi)(B) of this section, it 
shall be repaired as soon as practicable, but not later than 15 
calendar days after it is detected, except as provided in paragraph 
(b)(3)(i) of this section.
* * * * *
    (4) * * *
    (ii) If, calculated on a 1-year rolling average, 10 percent or more 
of the pumps in a group of processes (or 3 pumps in a group of 
processes with fewer than 30 pumps) leak, the owner or operator shall 
monitor each pump once per month, until the calculated 1-year rolling 
average value drops below 10 percent (or three pumps in a group of 
processes with fewer than 30 pumps).
* * * * *
    (5) Exemptions. Each pump or agitator equipped with a dual 
mechanical seal system that includes a barrier fluid system and meets 
the requirements specified in paragraphs (c)(5)(i) through (vii) is 
exempt from the requirements of paragraphs (c)(1) through (c)(4)(iii) 
of this section, except as specified in paragraphs (c)(5)(iv)(A) and 
(vii) of this section.
* * * * *
    (iv) Each pump/agitator is checked by visual inspection each 
calendar week for indications of liquids dripping from the pump/
agitator seal. If there are indications of liquids dripping from the 
pump or agitator seal at the time of the weekly inspection, the owner 
or operator shall follow the procedures specified in either paragraph 
(c)(5)(iv)(A) or (B) of this section prior to the next required 
inspection.
    (A) The owner or operator shall monitor the pump or agitator using 
the method specified in Sec.  63.180(b) to determine if there is a leak 
of organic HAP in the barrier fluid. If the instrument reading 
indicates a leak, as specified in paragraph (c)(2)(ii) of this section, 
a leak is detected.
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) 
or (vi)(B) of this section, the leak must be repaired as specified in 
paragraph (c)(3) of this section.
    (6) Any pump/agitator that is designed with no externally actuated 
shaft penetrating the pump/agitator housing is exempt from the 
requirements of paragraphs (c)(1) through (3) of this section.
* * * * *
    (9) If more than 90 percent of the pumps in a group of processes 
meet the criteria in either paragraph (c)(5) or (6) of this section, 
the group of processes is exempt from the requirements of paragraph 
(c)(4) of this section.
* * * * *
    (e) * * *
    (7) * * *
    (iii) When a leak is repaired, the valve shall be monitored at 
least once within the first 3 months after its repair. Days that the 
valve is not in organic HAP service shall not be considered part of 
this 3-month period. The monitoring required by this paragraph is in 
addition to the monitoring required to satisfy the definitions of 
``repaired'' and ``first attempt at repair.''
    (A) The monitoring shall be conducted as specified in Sec.  
63.180(b) and (c) as appropriate, to determine whether the valve has 
resumed leaking.
    (B) Periodic monitoring required by paragraphs (e)(2) through (4) 
of this section may be used to satisfy the requirements of paragraph 
(e)(7)(iii) of this section, if the timing of the monitoring period 
coincides with the time specified in paragraph (e)(7)(iii) of this 
section. Alternatively, other monitoring may be performed to satisfy 
the requirements of paragraph (e)(7)(iii) of this section, regardless 
of whether the timing of the monitoring period for periodic monitoring 
coincides with the time specified in paragraph (e)(7)(iii) of this 
section.
    (C) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (e)(7)(iii) of this section, the owner or operator shall 
follow the provisions of paragraphs (e)(7)(iii)(C)(1) and (2) of this 
section to determine whether that valve must be counted as a leaking 
valve for purposes of paragraph (e)(6) of this section.
    (1) If the owner or operator elects to use periodic monitoring 
required by paragraphs (e)(2) through (4) of this section to satisfy 
the requirements of paragraph (e)(7)(iii) of this section, then the 
valve shall be counted as a leaking valve.
    (2) If the owner or operator elects to use other monitoring prior 
to the periodic monitoring required by paragraphs (e)(2) through (4) of 
this section to satisfy the requirements of paragraph (e)(7)(iii) of 
this section, then the valve shall be counted as a leaking valve unless 
it is repaired and shown by periodic monitoring not to be leaking.
* * * * *
    (9) Any equipment located at a plant site with fewer than 250 
valves in organic HAP service in the affected source is exempt from the 
requirements for monthly monitoring specified in paragraph (e)(4)(i) of 
this section. Instead, the owner or operator shall monitor each valve 
in organic HAP service for leaks once each quarter, or comply with 
paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided 
in paragraph (f) of this section.
    (f) Unsafe to monitor, difficult-to-monitor, and inaccessible 
equipment.
    (1) Equipment that is designated as unsafe-to-monitor, difficult-
to-monitor, or inaccessible is exempt from the requirements as 
specified in paragraphs (f)(1)(i) through (iv) of this section provided 
the owner or operator meets the requirements specified in paragraph 
(f)(2), (3), or (4) of this section, as applicable. All equipment, 
except connectors that meet the requirements in paragraph (f)(4) of 
this section, must be assigned to a group of processes. Ceramic or 
ceramic-lined connectors are subject to the same requirements as 
inaccessible connectors.
    (i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of 
this section do not apply.
    (ii) For valves, paragraphs (e)(2) through (7) of this section do 
not apply.

[[Page 59347]]

    (iii) For connectors, Sec.  63.174(b) through (e) and paragraphs 
(b)(3)(iii)(C) through (G) of this section do not apply.
    (iv) For closed-vent systems, Sec.  63.172(f)(1), (f)(2), and (g) 
do not apply.
    (2) Equipment that is unsafe-to-monitor.
    (i) Valves, connectors, agitators, and any part of closed-vent 
systems may be designated as unsafe-to-monitor if the owner or operator 
determines that monitoring personnel would be exposed to an immediate 
danger as a consequence of complying with the monitoring requirements 
identified in paragraphs (f)(1)(i) through (iii) of this section, or 
the inspection requirements identified in paragraph (f)(1)(iv) of this 
section.
    (ii) The owner or operator of equipment that is designated as 
unsafe-to-monitor must have a written plan that requires monitoring of 
the equipment as frequently as practicable during safe-to-monitor 
times. For valves, connectors, and agitators, monitoring shall not be 
more frequent than the periodic monitoring schedule otherwise 
applicable to the group of processes in which the equipment is located. 
For closed-vent systems, inspections shall not be more frequent than 
annually.
    (3) Equipment that is difficult-to-monitor.
    (i) A valve, agitator, pump, or any part of a closed-vent system 
may be designated as difficult-to-monitor if the owner or operator 
determines that the equipment cannot be monitored or inspected without 
elevating the monitoring personnel more than 2 meters above a support 
surface or the equipment is not accessible in a safe manner when it is 
in organic HAP service;
    (ii) At a new affected source, an owner or operator may designate 
no more than 3 percent of valves as difficult-to-monitor.
    (iii) The owner or operator of valves, agitators, or pumps 
designated as difficult-to-monitor must have a written plan that 
requires monitoring of the equipment at least once per calendar year or 
on the periodic monitoring schedule otherwise applicable to the group 
of processes in which the equipment is located, whichever is less 
frequent. For any part of a closed-vent system designated as difficult-
to-monitor, the owner or operator must have a written plan that 
requires inspection of the closed-vent system at least once every 5 
years.
    (4) Inaccessible, ceramic, or ceramic-lined connectors.
    (i) A connector may be designated as inaccessible if it is:
    (A) Buried;
    (B) Insulated in a manner that prevents access to the equipment by 
a monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
equipment by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to equipment up to 7.6 meters 
above the ground; or
    (E) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (F) Would require elevating the monitoring personnel more than 2 
meters above a permanent support surface or would require the erection 
of scaffold.
    (ii) At a new affected source, an owner or operator may designate 
no more than 3 percent of connectors as inaccessible.
    (iii) If any inaccessible, ceramic, or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the leak shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected, except as provided in 
paragraph (b)(3)(i) of this section.
    (iv) Any connector that is inaccessible or that is ceramic or 
ceramic-lined is exempt from the recordkeeping and reporting 
requirements of paragraphs (g) and (h) of this section.
    (g) * * *
    (2) * * *
    (vi) A list of equipment designated as unsafe-to-monitor or 
difficult-to-monitor under paragraph (f) of this section and a copy of 
the plan for monitoring this equipment.
* * * * *

    6. Section 63.1365 is amended by:
    a. Revising paragraph (a)(1)(iii);
    b. Revising paragraph (a)(2);
    c. Revising paragraph (a)(5);
    d. Revising paragraph (a)(6);
    e. Revising paragraph (a)(7)(i) introductory text;
    f. Revising paragraphs (a)(7)(i)(A) and (C);
    g. Revising paragraph (a)(7)(ii);
    h. Revising paragraph (b) introductory text;
    i. Revising paragraph (b)(8);
    j. Revising paragraph (b)(11) introductory text;
    k. Revising paragraph (b)(11)(iii) introductory text;
    l. Revising ``paragraph (b)(1)(i)(B) of this section'' to read 
``paragraph (b)(11)(i)(B) of this section'' in the last sentence of 
paragraph (b)(11)(iii)(A);
    m. Adding paragraph (b)(11)(iii)(D);
    n. Revising paragraph (b)(11)(iv);
    o. Removing paragraph (b)(12);
    p. Revising paragraph (c)(1)(iii) and (v);
    q. Revising paragraph (c)(2)(i)(C);
    r. Revising paragraphs (c)(2)(i)(D)(4)(i) and (iii);
    s. Revising paragraphs (c)(2)(i)(E)(3) and (4);
    t. Revising paragraph (c)(2)(i)(F);
    u. Revising paragraph (c)(2)(ii) introductory text and paragraph 
(c)(2)(ii)(A);
    v. Revising paragraph (c)(3)(ii)(A);
    w. Revising paragraph (c)(3)(iii) introductory text;
    x. Revising paragraphs (d)(1)(i)(A) and (B);
    y. Revising paragraph (d)(3)(ii);
    z. Revising paragraph (e);
    aa. Revising ``Sec.  63.1362(h)(2)'' to read ``Sec.  
63.1362(g)(2)'' and revising ``Sec.  63.1362(h)(3)'' to read ``Sec.  
63.1362(g)(3)'' in paragraph (g) introductory text;
    bb. Revising ``Sec.  63.1362(h)(2)'' to read ``Sec.  
63.1362(g)(2)'' in paragraph (g)(3)(i);
    cc. Revising ``Sec.  63.1362(h)(3)(i)'' to read ``Sec.  
63.1362(g)(3)(i)'' in paragraph (g)(3)(ii);
    dd. Revising ``Sec.  63.1362(h)(3)(ii)'' to read ``Sec.  
63.1362(g)(3)(ii)'' in paragraph (g)(4) introductory text;
    ee. Revising ``Sec.  63.1362(h)(3)(ii)(A)'' to read ``Sec.  
63.1362(g)(3)(ii)(A)'' in paragraph (g)(4)(i); and
    ff. Revising ``Sec.  63.1362(i)(3)(ii)(A)'' to read ``Sec.  
63.1362(g)(3)(iii)(A)'' in paragraph (g)(4)(ii).
    The revisions and additions read as follows:


Sec.  63.1365  Test methods and initial compliance procedures.

    (a) * * *
    (1) * * *
    (iii) For a condenser, the design evaluation must consider the vent 
stream flow rate, relative humidity, and temperature, and must 
establish the maximum temperature of the condenser exhaust vent stream 
and the corresponding outlet organic HAP compound concentration level 
or emission rate for which the required reduction is achieved.
* * * * *
    (2) Calculation of TOC or total organic HAP concentration. The TOC 
concentration or total organic HAP concentration is the sum of the 
concentrations of the individual components. If compliance is being 
determined based on TOC, the owner or

[[Page 59348]]

operator shall compute TOC for each run using Equation 6 of this 
subpart. If compliance is being determined based on total organic HAP, 
the owner or operator shall compute total organic HAP using Equation 6 
of this subpart, except that only organic HAP compounds shall be 
summed; when determining compliance with the wastewater provisions of 
Sec.  63.1362(d), the organic HAP compounds shall consist of the 
organic HAP compounds in Table 9 of subpart G of this part.
[GRAPHIC] [TIFF OMITTED] TR20SE02.024

Where:

CGT = total concentration of TOC or organic HAP in vented 
gas stream, average of samples, dry basis, ppmv
CGSi,j = concentration of sample components in vented gas 
stream for sample j, dry basis, ppmv
n = number of compounds in the sample
m = number of samples in the sample run.
* * * * *
    (5) Initial compliance with alternative standard. Initial 
compliance with the alternative standards in Sec.  63.1362(b)(6) and 
(c)(4) for combustion devices is demonstrated when the outlet TOC 
concentration is 20 ppmv or less, and the outlet HCl and chlorine 
concentration is 20 ppmv or less. Initial compliance with the 
alternative standards in Sec.  63.1362(b)(6) and (c)(4) for 
noncombustion devices is demonstrated when the outlet TOC concentration 
is 50 ppmv or less, and the outlet HCl and chlorine concentration is 50 
ppmv or less. To demonstrate initial compliance, the owner or operator 
shall be in compliance with the monitoring provisions in Sec.  
63.1366(b)(5) on the initial compliance date. The owner or operator 
shall use Method 18 to determine the predominant organic HAP in the 
emission stream if the TOC monitor is calibrated on the predominant 
HAP.
    (6) Initial compliance with the 20 ppmv outlet limit. Initial 
compliance with the 20 ppmv TOC or total organic HAP concentration is 
demonstrated when the outlet TOC or total organic HAP concentration is 
20 ppmv or less. Initial compliance with the 20 ppmv HCl and chlorine 
concentration is demonstrated when the outlet HCl and chlorine 
concentration is 20 ppmv or less. To demonstrate initial compliance, 
the operator shall use applicable test methods described in paragraphs 
(b)(1) through (9) of this section, and test under conditions described 
in paragraph (b)(10) or (11) of this section, as applicable. The owner 
or operator shall comply with the monitoring provisions in Sec.  
63.1366(b)(1) through (5) on the initial compliance date.
    (7) * * *
    (i) Combustion device. Except as specified in Sec.  
63.1366(b)(5)(ii)(A), if the vent stream is controlled with a 
combustion device, the owner or operator must comply with the 
provisions in paragraphs (a)(7)(i)(A) through (C) of this section.
    (A) To comply with a TOC or total organic HAP outlet concentration 
standard in Sec.  63.1362(b)(2)(iv)(A), (b)(4)(ii)(A), (b)(6), 
(c)(2)(iv)(B), (c)(4), (d)(13), or Sec.  63.172, the actual TOC outlet 
concentration must be corrected to 3 percent oxygen.
* * * * *
    (C) The integrated sampling and analysis procedures of Method 3B of 
40 CFR part 60, appendix A, shall be used to determine the actual 
oxygen concentration (%O2d). The samples shall be taken 
during the same time that the TOC, total organic HAP, and total HCl and 
chlorine samples are taken. The concentration corrected to 3 percent 
oxygen (Cd) shall be computed using Equation 7 of this 
subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.025

Where:

Cc = concentration of TOC, total organic HAP, or total HCl 
and chlorine corrected to 3 percent oxygen, dry basis, ppmv
Cm = total concentration of TOC, total organic HAP, or total 
HCl and chlorine in the vented gas stream, average of samples, dry 
basis, ppmv
%O2d = concentration of oxygen measured in vented gas 
stream, dry basis, percent by volume.

    (ii) Noncombustion devices. If a control device other than a 
combustion device, and not in series with a combustion device, is used 
to comply with a TOC, total organic HAP, or total HCl and chlorine 
outlet concentration standard, the owner or operator must correct the 
actual concentration for supplemental gases using Equation 8 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.026

Where:
Ca = corrected outlet TOC, total organic HAP, or total HCl 
and chlorine concentration, dry basis, ppmv
Cm = actual TOC, total organic HAP, or total HCl and 
chlorine concentration measured at control device outlet, dry basis, 
ppmv
Va = total volumetric flow rate of affected streams vented 
to the control device
Vs = total volumetric flow rate of supplemental gases.
    (b) Test methods and conditions. When testing is conducted to 
measure emissions from an affected source, the test methods specified 
in paragraphs (b)(1) through (9) of this section shall be used. 
Compliance tests shall be performed under conditions specified in 
paragraphs (b)(10) and (11) of this section.
* * * * *
    (8) Wastewater analysis shall be conducted in accordance with Sec.  
63.144(b)(5)(i) through (iii) or as specified in paragraph (b)(8)(i) or 
(ii) of this section.
    (i) As an alternative to the methods specified in Sec.  
63.144(b)(5)(i), an owner or operator may conduct wastewater analyses 
using Method 1666 or 1671 of 40 CFR part 136, appendix A, and comply 
with the sampling protocol requirements specified in Sec.  
63.144(b)(5)(ii). The validation requirements specified in Sec.  
63.144(b)(5)(iii) do not apply if an owner or operator uses Method 1666 
or 1671 of 40 CFR part 136, appendix A.
    (ii) As an alternative to the methods specified in Sec.  
63.144(b)(5)(i), an owner or operator may use procedures specified in 
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. An owner or 
operator also may use any more recent, updated version of Method 8260 
or 8270 approved by EPA. For the purpose of using Method 8260 or 8270 
to comply with this subpart, the owner or operator must maintain a 
formal quality assurance program consistent with either Section 8 of 
Method 8260 or Method 8270. This program must include the elements 
related to measuring the concentrations of volatile compounds that are 
specified in paragraphs (b)(8)(ii)(A) through (C) of this section.
    (A) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (B) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (C) Measurement of the average accuracy and precision of the 
specific

[[Page 59349]]

procedures, including field duplicates and field spiking of the 
material source before or during sampling with compounds having similar 
chemical characteristics to the target analytes.
* * * * *
    (11) Testing conditions for batch processes. Testing of emissions 
on equipment where the flow of gaseous emissions is intermittent (batch 
operations) shall be conducted at absolute peak-case conditions or 
hypothetical peak-case conditions, as specified in paragraphs 
(b)(11)(i) and (ii) of this section, respectively. Gas stream 
volumetric flow rates shall be measured at 15-minute intervals. Organic 
HAP, TOC, or HCl and chlorine concentration shall be determined from 
samples collected in an integrated sample over the duration of the 
test, or from grab samples collected simultaneously with the flow rate 
measurements (every 15 minutes). If an integrated sample is collected 
for laboratory analysis, the sampling rate shall be adjusted 
proportionally to reflect variations in flow rate. In all cases, a 
site-specific test plan shall be submitted to the Administrator for 
approval prior to testing in accordance with Sec.  63.7(c). The test 
plan shall include the emissions profile described in paragraph 
(b)(11)(iii) of this section. The term ``HAP mass loading'' as used in 
paragraphs (b)(11)(i) through (iii) of this section refers to the class 
of HAP, either organic or HCl and chlorine, that the control device is 
intended to control.
* * * * *
    (iii) Emissions profile. The owner or operator may choose to 
perform tests only during those periods of the peak-case episode(s) 
that the owner or operator selects to control as part of achieving the 
required emission reduction. Except as specified in paragraph 
(b)(11)(iii)(D) of this section, the owner or operator shall develop an 
emission profile for the vent to the control device that describes the 
characteristics of the vent stream at the inlet to the control device 
under either absolute or hypothetical peak-case conditions. The 
emissions profile shall be developed based on the applicable procedures 
described in paragraphs (b)(11)(iii)(A) through (C) of this section, as 
required by paragraphs (b)(11)(i) and (ii) of this section.
* * * * *
    (D) Exemptions. The owner or operator is not required to develop an 
emission profile under the circumstances described in paragraph 
(b)(11)(iii)(D)(1) or (2) of this section.
    (1) If all process vents for a process are controlled using a 
control device or series of control devices that reduce HAP emissions 
by 98 percent or more, no other emission streams are vented to the 
control device when it is used to control emissions from the subject 
process, and the performance test is conducted over the entire batch 
cycle.
    (2) If a control device is used to comply with the outlet 
concentration limit for process vent emission streams from a single 
process (but not necessarily all of the process vents from that 
process), no other emission streams are vented to the control device 
while it is used to control emissions from the subject process, and the 
performance test is conducted over the entire batch cycle.
    (iv) Test duration. Three runs, at a minimum of 1 hour each, are 
required for performance testing. When complying with a percent 
reduction standard, each test run may be a maximum of either 24 hours 
or the duration of the longest batch controlled by the control device, 
whichever is shorter, and each run must include the same absolute or 
hypothetical peak-case conditions, as defined in paragraph (b)(11)(i) 
or (ii) of this section. When complying with an outlet concentration 
limit, each run must include the same absolute or hypothetical peak-
case conditions, as defined in paragraph (b)(11)(i) or (ii) of this 
section, and the duration of each run may not exceed the duration of 
the applicable peak-case condition.
    (c) * * *
    (1) * * *
    (iii) Initial compliance with the organic HAP percent reduction 
requirements specified in Sec.  63.1362(b)(2)(ii), (iii), and 
(b)(4)(ii) is demonstrated by determining controlled HAP emissions 
using the procedures described in paragraph (c)(3) of this section, 
determining uncontrolled HAP emissions using the procedures described 
in paragraph (c)(2) of this section, and calculating the applicable 
percent reduction. As an alternative, if the conditions specified in 
paragraph (b)(11)(iii)(D)(1) of this section are met, initial 
compliance may be demonstrated by showing the control device reduces 
emissions by 98 percent by weight or greater using the procedures 
specified in paragraph (c)(3) of this section.
* * * * *
    (v) Initial compliance with the outlet concentration limits in 
Sec.  63.1362(b)(2)(iv)(A), (b)(3)(ii), (b)(4)(ii)(A), (b)(5)(ii) and 
(iii) is demonstrated when the outlet TOC or total organic HAP 
concentration is 20 ppmv or less and the outlet HCl and chlorine 
concentration is 20 ppmv or less. The owner or operator shall 
demonstrate compliance by fulfilling the requirements in paragraph 
(a)(6) of this section. If an owner or operator elects to develop an 
emissions profile by process as described in paragraph (b)(11)(iii)(A) 
of this section, uncontrolled emissions shall be determined using the 
procedures in paragraph (c)(2) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (C) Purging. Emissions from purging shall be calculated using 
Equation 10 of this subpart, except that for purge flow rates greater 
than 100 scfm, the mole fraction of HAP will be assumed to be 25 
percent of the saturated value.
[GRAPHIC] [TIFF OMITTED] TR20SE02.027

Where:

E = mass of HAP emitted
V = purge flow rate at the temperature and pressure of the vessel vapor 
space
R = ideal gas law constant
T = temperature of the vessel vapor space; absolute
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual condensable compounds 
(including HAP)
PT = pressure of the vessel vapor space
MWi = molecular weight of the individual HAP
t = time of purge
n = number of HAP compounds in the emission stream
m = number of condensable compounds (including HAP) in the emission 
stream.

    (D) * * *
    (4) * * *

[[Page 59350]]

    (i) As an alternative to the procedures described in paragraphs 
(c)(2)(i)(D)(1) and (2) of this section, emissions caused by heating a 
vessel to any temperature less than the boiling point may be calculated 
using Equation 15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.028

Where:

E = mass of HAP vapor displaced from the vessel being heated
Navg = average gas space molar volume during the heating 
process, as calculated using Equation 16 of this subpart
PT = total pressure in the vessel
Pi,1 = partial pressure of the individual HAP compounds at 
T1
Pi,2 = partial pressure of the individual HAP compounds at 
T2
MWHAP = average molecular weight of the HAP compounds, as 
calculated using Equation 14 of this subpart
nHAP,1 = number of moles of total HAP in the vessel 
headspace at T1
nHAP,2 = number of moles of total HAP in the vessel 
headspace at T2
m = number of HAP compounds in the emission stream.

* * * * *
    (iii) The difference in the number of moles of total HAP in the 
vessel headspace between the initial and final temperatures is 
calculated using Equation 17 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.029

Where:

nHAP,2 = number of moles of total HAP in the vessel 
headspace at T2
nHAP,1 = number of moles of total HAP in the vessel 
headspace at T1
V = volume of free space in vessel
R = ideal gas law constant
T1 = initial temperature of the vessel contents, absolute
T2 = final temperature of the vessel contents, absolute
Pi,1 = partial pressure of the individual HAP compounds at 
T1
Pi,2 = partial pressure of the individual HAP compounds at 
T2
n = number of HAP compounds in the emission stream.

    (E) * * *
    (3) The initial and final partial pressures of the noncondensable 
gas in the vessel are determined using Equations 21 and 22 of this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR20SE02.030

[GRAPHIC] [TIFF OMITTED] TR20SE02.031

Where:

Pnc1 = initial partial pressure of the noncondensable gas
Pnc2 = final partial pressure of the noncondensable gas
P1 = initial vessel pressure
P2 = final vessel pressure
Pj* = vapor pressure of each condensable compound 
(including HAP) in the emission stream
xj = mole fraction of each condensable compound (including 
HAP) in the liquid phase
m = number of condensable compounds (including HAP) in the emission 
stream.

    (4) The moles of HAP emitted during the depressurization are 
calculated by taking an approximation of the average ratio of moles of 
HAP to moles of noncondensable and multiplying by the total moles of 
noncondensables released during the depressurization, using Equation 23 
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.032

Where:

nHAP,e = moles of HAP emitted
nHAP,1 = moles of HAP vapor in vessel at the initial 
pressure, as calculated using Equation 18 of this subpart
nHAP,2 = moles of HAP vapor in vessel at the final pressure, 
as calculated using Equation 18 of this subpart
n1 = initial number of moles of noncondensable gas in the 
vessel, as calculated using Equation 19 of this subpart
n2 = final number of moles of noncondensable gas in the 
vessel, as calculated using Equation 19 of this subpart.

* * * * *
    (F) Vacuum systems. Calculate emissions from vacuum systems using 
Equation 26 of this subpart:

[[Page 59351]]

[GRAPHIC] [TIFF OMITTED] TR20SE02.033

Where:

E = mass of HAP emitted
PT = absolute pressure of receiving vessel or ejector outlet 
conditions, if there is no receiver
Pi = partial pressure of individual HAP at the receiver 
temperature or the ejector outlet conditions
Pj = partial pressure of individual condensable compounds 
(including HAP) at the receiver temperature or the ejector outlet 
conditions
La = total air leak rate in the system, mass/time
MWnc = molecular weight of noncondensable gas
t = time of vacuum operation
MWHAP = average molecular weight of HAP in the emission 
stream, as calculated using Equation 14 of this subpart, with HAP 
partial pressures calculated at the temperature of the receiver or 
ejector outlet, as appropriate
n = number of HAP components in the emission stream
m = number of condensable compounds (including HAP) in the emission 
stream.

* * * * *
    (ii) Engineering assessments. The owner or operator shall conduct 
an engineering assessment to determine uncontrolled HAP emissions for 
each emission episode that is not due to vapor displacement, purging, 
heating, depressurization, vacuum systems, gas evolution, or air 
drying. For a given emission episode caused by any of these seven types 
of activities, the owner or operator also may request approval to 
determine uncontrolled HAP emissions based on an engineering 
assessment. Except as specified in paragraph (c)(2)(ii)(A) of this 
section, all data, assumptions, and procedures used in the engineering 
assessment shall be documented in the Precompliance plan in accordance 
with Sec.  63.1367(b). An engineering assessment includes, but is not 
limited to, the information and procedures described in paragraphs 
(c)(2)(ii)(A) through (D) of this section.
    (A) Test results, provided the tests are representative of current 
operating practices at the process unit. For process vents without 
variable emission stream characteristics, an engineering assessment 
based on the results of a previous test may be submitted in the 
Notification of Compliance Status report instead of the Precompliance 
plan. Results from a previous test of process vents with variable 
emission stream characteristics will be acceptable in place of values 
estimated using the procedures specified in paragraph (c)(2)(i) of this 
section if the test data show a greater than 20 percent discrepancy 
between the test value and the estimated value, and the results of the 
engineering assessment shall be included in the Notification of 
Compliance Status report. For other process vents with variable 
emission stream characteristics, engineering assessments based on the 
results of a previous test must be submitted in the Precompliance plan. 
For engineering assessments based on new tests, the owner or operator 
must comply with the test notification requirements in Sec.  
63.1368(m), and the results of the engineering assessment may be 
submitted in the Notification of Compliance Status report rather than 
the Precompliance plan.
    (3) * * *
    (ii) * * *
    (A) Performance test measurements shall be conducted at both the 
inlet and outlet of the control device for TOC, total organic HAP, and 
total HCl and chlorine, as applicable, using the test methods and 
procedures described in paragraph (b) of this section. Concentrations 
shall be calculated from the data obtained through emission testing 
according to the procedures in paragraph (a)(2) of this section.
* * * * *
    (iii) Condensers. The owner or operator using a condenser as a 
control device shall determine controlled emissions for each batch 
emission episode according to the engineering methodology in paragraphs 
(c)(3)(iii)(A) through (G) of this section. The owner or operator must 
establish the maximum outlet gas temperature and calculate the 
controlled emissions using this temperature in the applicable equation. 
Individual HAP partial pressures shall be calculated as specified in 
paragraph (c)(2)(i) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (A) At the reasonably expected maximum filling rate, Equations 35 
and 36 of this subpart shall be used to calculate the mass rate of 
total organic HAP or TOC at the inlet and outlet of the control device.
[GRAPHIC] [TIFF OMITTED] TR20SE02.034

[GRAPHIC] [TIFF OMITTED] TR20SE02.035

Where:

Cij, Coj = concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, ppmv
Ei, Eo = mass rate of total organic HAP or TOC at 
the inlet and outlet of the control device, respectively, dry basis, 
kg/hr
Mij, Moj = molecular weight of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, g/gmole
Qi, Qo = flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dscmm
K2 = constant, 2.494 x 10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature is 20 [deg]C.

    (B) The percent reduction in total organic HAP or TOC shall be 
calculated using Equation 37 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR20SE02.036

Where:

R = control efficiency of control device, percent
Ei = mass rate of total organic HAP or TOC at the inlet to 
the control device as calculated under paragraph (d)(l)(i)(A) of this 
section, kilograms organic HAP per hour
Eo = mass rate of total organic HAP or TOC at the outlet of 
the control device, as calculated under paragraph (d)(1)(i)(A) of this 
section, kilograms organic HAP per hour.

* * * * *

[[Page 59352]]

    (3) * * *
    (ii) Comply with the procedures described in Sec.  63.120(a), (b), 
or (c), as applicable, with the differences specified in paragraphs 
(d)(3)(ii)(A) through (C) of this section.
    (A) When the term ``storage vessel'' is used in Sec.  63.120, the 
definition of the term ``storage vessel'' in Sec.  63.1361 shall apply 
for the purposes of this subpart.
    (B) When the phrase ``the compliance date specified in Sec.  63.100 
of subpart F of this part'' is referred to in Sec.  63.120, the phrase 
``the compliance date specified in Sec.  63.1364'' shall apply for the 
purposes of this subpart.
    (C) When the phrase ``the maximum true vapor pressure of the total 
organic HAP in the stored liquid falls below the values defining Group 
1 storage vessels specified in Table 5 or Table 6 of this subpart'' is 
referred to in Sec.  63.120(b)(1)(iv), the phrase ``the maximum true 
vapor pressure of the total organic HAP in the stored liquid falls 
below the values defining Group 1 storage vessels specified in Sec.  
63.1361'' shall apply for the purposes of this subpart.
* * * * *
    (e) Initial compliance with wastewater provisions. The owner or 
operator shall demonstrate initial compliance with the wastewater 
requirements by complying with the applicable provisions in Sec.  
63.145, except that the owner or operator need not comply with the 
requirement to determine visible emissions that is specified in Sec.  
63.145(j)(1), and references to compounds in Table 8 of subpart G of 
this part are not applicable for the purposes of this subpart. When 
Sec.  63.145(i) refers to Method 18 of 40 CFR part 60, appendix A-6, 
the owner or operator may use any method specified in Sec.  
63.1362(d)(12) to demonstrate initial compliance with this subpart.
* * * * *

    7. Section 63.1366 is amended by:
    a. Revising paragraph (b)(5);
    b. Revising the first sentence of paragraph (b)(8) introductory 
text;
    c. Revising paragraph (b)(8)(iii); and
    d. Adding paragraph (h).
    The revisions and additions read as follows:


Sec.  63.1366  Monitoring and inspection requirements.

* * * * *
    (b) * * *
    (5) Monitoring for the alternative standards.
    (i) For control devices that are used to comply with the provisions 
of Sec.  63.1362(b)(6) and (c)(4), the owner or operator shall monitor 
and record the outlet TOC concentration and the outlet total HCl and 
chlorine concentration at least once every 15 minutes during the period 
in which the device is controlling HAP from emission streams subject to 
the standards in Sec.  63.1362. A TOC monitor meeting the requirements 
of Performance Specification 8 or 9 of appendix B of 40 CFR part 60 
shall be installed, calibrated, and maintained, according to Sec.  
63.8. The owner or operator need not monitor the total HCl and chlorine 
concentration if the owner or operator determines that the emission 
stream does not contain HCl or chlorine. The owner or operator need not 
monitor for TOC concentration if the owner or operator determines that 
the emission stream does not contain organic compounds.
    (ii) If supplemental gases are introduced before the control 
device, the owner or operator must either correct for supplemental 
gases as specified in Sec.  63.1365(a)(7) or, if using a combustion 
control device, comply with the requirements of paragraph (b)(5)(ii)(A) 
of this section. If the owner or operator corrects for supplemental 
gases as specified in Sec.  63.1365(a)(7)(ii) for non-combustion 
control devices, the flow rates must be evaluated as specified in 
paragraph (b)(5)(ii)(B) of this section.
    (A) Provisions for combustion devices. As an alternative to 
correcting for supplemental gases as specified in Sec.  63.1365(a)(7), 
the owner or operator may monitor residence time and firebox 
temperature according to the requirements of paragraphs 
(b)(5)(ii)(A)(1) and (2) of this section. Monitoring of residence time 
may be accomplished by monitoring flow rate into the combustion 
chamber.
    (1) If complying with the alternative standard instead of achieving 
a control efficiency of 95 percent or less, the owner or operator must 
maintain a minimum residence time of 0.5 seconds and a minimum 
combustion chamber temperature of 760 [deg]C.
    (2) If complying with the alternative standard instead of achieving 
a control efficiency of 98 percent, the owner or operator must maintain 
a minimum residence time of 0.75 seconds and a minimum combustion 
chamber temperature of 816 [deg]C.
    (B) Flow rate evaluation for non-combustion devices. To demonstrate 
continuous compliance with the requirement to correct for supplemental 
gases as specified in Sec.  63.1365(a)(7)(ii) for non-combustion 
devices, the owner or operator must evaluate the volumetric flow rate 
of supplemental gases, Vs, and the volumetric flow rate of 
all gases, Va, each time a new operating scenario is 
implemented based on process knowledge and representative operating 
data. The procedures used to evaluate the flow rates, and the resulting 
correction factor used in Equation 8 of this subpart, must be included 
in the Notification of Compliance Status report and in the next 
Periodic report submitted after an operating scenario change.
* * * * *
    (8) Violations. Exceedances of parameters monitored according to 
the provisions of paragraphs (b)(1)(ii), (iv) through (ix), and 
(b)(5)(i)(A) of this section, or excursions as defined by paragraphs 
(b)(7)(i) and (ii) of this section, constitute violations of the 
operating limit according to paragraphs (b)(8)(i), (ii), and (iv) of 
this section. * * *
* * * * *
    (iii) Except as provided in paragraph (b)(8)(iv) of this section, 
exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged 
over the operating day, will result in no more than one violation per 
day per control device. Except as provided in paragraph (b)(8)(iv) of 
this section, exceedances of the 20 or 50 ppmv HCl and chlorine outlet 
emission limit, averaged over the operating day, will result in no more 
than one violation per day per control device.
* * * * *
    (h) Leak inspection provisions for vapor suppression equipment.
    (1) Except as provided in paragraphs (h)(9) and (10) of this 
section, for each vapor collection system, closed-vent system, fixed 
roof, cover, or enclosure required to comply with this section, the 
owner or operator shall comply with the requirements of paragraphs 
(h)(2) through (8) of this section.
    (2) Except as provided in paragraphs (h)(6) and (7) of this 
section, each vapor collection system and closed-vent system shall be 
inspected according to the procedures and schedule specified in 
paragraphs (h)(2)(i) and (ii) of this section and each fixed roof, 
cover, and enclosure shall be inspected according to the procedures and 
schedule specified in paragraph (h)(2)(iii) of this section.
    (i) If the vapor collection system or closed-vent system is 
constructed of hard-piping, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.

[[Page 59353]]

    (ii) If the vapor collection system or closed-vent system is 
constructed of ductwork, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section,
    (B) Conduct annual inspections according to the procedures in 
paragraph (h)(3) of this section, and
    (C) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (iii) For each fixed roof, cover, and enclosure, the owner or 
operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct semiannual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) Each vapor collection system, closed-vent system, fixed roof, 
cover, and enclosure shall be inspected according to the procedures 
specified in paragraphs (h)(3)(i) through (vi) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (ii) Detection instrument performance criteria.
    (A) Except as provided in paragraph (h)(3)(ii)(B) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the average 
composition of the process fluid not each individual VOC in the stream. 
For process streams that contain nitrogen, air, or other inerts which 
are not organic HAP or VOC, the average stream response factor shall be 
calculated on an inert-free basis.
    (B) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (h)(3)(ii)(A) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (h)(3)(ii)(A) of this section.
    (iii) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (iv) Calibration gases shall be as follows:
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(h)(2)(ii)(A) of this section. In such cases, the calibration gas may 
be a mixture of one or more of the compounds to be measured in air.
    (v) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall measure 
background concentration using the procedures in Sec.  63.180(b) and 
(c). The owner or operator shall subtract background reading from the 
maximum concentration indicated by the instrument.
    (vi) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (4) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (h)(5) 
of this section.
    (i) A first attempt at repair shall be made no later than 5 
calendar days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (5) Delay of repair of a vapor collection system, closed-vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec.  63.1361, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the fugitive emissions likely to result from delay of 
repair. Repair of such equipment shall be complete by the end of the 
next shutdown.
    (6) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
Sec.  63.1367(f)(1), as unsafe-to-inspect are exempt from the 
inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of 
this section if:
    (i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraph 
(h)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times. Inspection is not required more than once annually.
    (7) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
Sec.  63.1367(f)(2), as difficult-to-inspect are exempt from the 
inspection requirements of paragraphs (h)(2)(i), (ii), and (iii)(A) of 
this section if:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (8) Records shall be maintained as specified in Sec.  63.1367(f).
    (9) If a closed-vent system subject to this section is also subject 
to the equipment leak provisions of Sec.  63.1363, the owner or 
operator shall comply with the provisions of Sec.  63.1363 and is 
exempt from the requirements of this section.
    (10) For any closed-vent system that is operated and maintained 
under negative pressure, the owner or operator is not required to 
comply with the requirements specified in paragraphs (h)(2) through (8) 
of this section.

    8. Section 63.1367 is amended by:
    a. Revising ``paragraphs (b)(3)(i) through (iii) of this section'' 
to read ``paragraphs (a)(3)(i) through (iii) of this section'' in 
paragraph (a)(3) introductory text;
    b. Revising paragraph (a)(3)(i);
    c. Revising paragraph (b) introductory text;
    d. Revising paragraph (b)(4);
    e. Revising paragraph (b)(6)(i);
    f. Adding paragraph (b)(6)(ix) and revising paragraph (b)(7);
    g. Adding paragraphs (b)(8) through (11); and
    h. Revising paragraph (f).
    The revisions and additions read as follows:


Sec.  63.1367  Recordkeeping requirements.

    (a) * * *
    (3) * * *
    (i) The owner or operator shall record the occurrence and duration 
of each malfunction of the process operations or of air pollution 
control equipment used to comply with this subpart, as specified in 
Sec.  63.6(e)(3)(iii).
* * * * *
    (b) Records of equipment operation. The owner or operator must keep 
the records specified in paragraphs (b)(1)

[[Page 59354]]

through (11) of this section up-to-date and readily accessible.
* * * * *
    (4) For processes in compliance with the 0.15 Mg/yr emission limit 
of Sec.  63.1362(b)(2)(i) or (b)(4)(i), daily records of the rolling 
annual calculations of uncontrolled emissions.
* * * * *
    (6) * * *
    (i) Except as specified in paragraph (b)(6)(ix) of this section, 
the initial calculations of uncontrolled and controlled emissions of 
gaseous organic HAP and HCl per batch for each process.
* * * * *
    (ix) As an alternative to the records in paragraph (b)(6)(i) of 
this section, a record of the determination that the conditions in 
Sec.  63.1365(b)(11)(iii)(D)(1) or (2) are met.
    (7) Daily schedule or log of each operating scenario updated daily 
or, at a minimum, each time a different operating scenario is put into 
operation.
    (8) If the owner or operator elects to comply with the vapor 
balancing alternative in Sec.  63.1362(c)(6), the owner or operator 
must keep records of the DOT certification required by Sec.  
63.1362(c)(6)(ii) and the pressure relief vent setting and leak 
detection records specified in Sec.  63.1362(c)(6)(v).
    (9) If the owner or operator elects to develop process unit groups, 
the owner or operator must keep records of the PAI and non-PAI process 
units in the process unit group, including records of the operating 
time for process units used to establish the process unit group. The 
owner or operator must also keep records of any redetermination of the 
primary product for the process unit group.
    (10) All maintenance performed on the air pollution control 
equipment.
    (11) If the owner or operator elects to comply with Sec.  
63.1362(c) by installing a floating roof, the owner or operator must 
keep records of each inspection and seal gap measurement in accordance 
with Sec.  63.123(c) through (e) as applicable.
* * * * *
    (f) Records of inspections. The owner or operator shall keep 
records specified in paragraphs (f)(1) through (6) of this section.
    (1) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect in accordance with Sec.  63.1366(h)(6), an 
explanation of why the equipment is unsafe-to-inspect, and the plan for 
inspecting the equipment.
    (2) Records identifying all parts of the vapor collection system, 
closed-vent system, fixed roof, cover, or enclosure that are designated 
as difficult-to-inspect in accordance with Sec.  63.1366(h)(7), an 
explanation of why the equipment is difficult-to-inspect, and the plan 
for inspecting the equipment.
    (3) For each vapor collection system or closed-vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep 
a record of the information specified in either paragraph (f)(3)(i) or 
(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
Sec.  63.1362(j)(1) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times and 
durations of all periods when the vent stream is diverted from the 
control device or the flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with Sec.  
63.1362(j)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection 
of the seals or closure mechanisms has been done and shall record the 
occurrence of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type 
lock has been checked out, and records of any car-seal that has broken.
    (4) For each inspection conducted in accordance with Sec.  
63.1366(h)(2) and (3) during which a leak is detected, a record of the 
information specified in paragraphs (f)(4)(i) through (ix) of this 
section.
    (i) Identification of the leaking equipment.
    (ii) The instrument identification numbers and operator name or 
initials, if the leak was detected using the procedures described in 
Sec.  63.1366(h)(3); or a record of that the leak was detected by 
sensory observations.
    (iii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iv) Maximum instrument reading measured by the method specified in 
Sec.  63.1366(h)(4) after the leak is successfully repaired or 
determined to be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (vi) The name, initials, or other form of identification of the 
owner or operator (or designee) whose decision it was that repair could 
not be effected without a shutdown.
    (vii) The expected date of successful repair of the leak if a leak 
is not repaired within 15 calendar days.
    (viii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (ix) The date of successful repair of the leak.
    (5) For each inspection conducted in accordance with Sec.  
63.1366(h)(3) during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (6) For each visual inspection conducted in accordance with Sec.  
63.1366(h)(2)(i)(B) or (iii)(B) of this section during which no leaks 
are detected, a record that the inspection was performed, the date of 
the inspection, and a statement that no leaks were detected.
* * * * *

    9. Section 63.1368 is amended by:
    a. Revising paragraph (e)(4);
    b. Revising paragraph (f)(6);
    c. Adding paragraph (f)(9);
    d. Revising paragraph (g)(1) introductory text;
    e. Revising paragraph (g)(2) introductory text;
    f. Adding paragraphs (g)(2)(ix) through (xii);
    g. Revising paragraph (h)(1) introductory text;
    h. Revising ``Sec.  63.1365(b)(10)(ii)'' to read ``Sec.  
63.1365(b)(11)(iii)'' in paragraph (m).
    The revisions and additions read as follows:


Sec.  63.1368  Reporting requirements.

* * * * *
    (e) * * *
    (4) For owners and operators complying with the requirements of 
Sec.  63.1362(g), the pollution prevention demonstration summary 
required in Sec.  63.1365(g)(1).
* * * * *
    (f) * * *
    (6) Identification of emission points subject to overlapping 
requirements described in Sec.  63.1360(i) and the authority under 
which the owner or operator will comply, and identification of emission 
sources discharging to devices described by Sec.  63.1362(l).
* * * * *
    (9) Records of the initial process units used to create each 
process unit group, if applicable.
    (g) * * *
    (1) Submittal schedule. Except as provided in paragraphs (g)(1)(i) 
and (ii) of this section, the owner or operator shall submit Periodic 
reports semiannually. The first report shall be submitted no later than 
240 days after

[[Page 59355]]

the date the Notification of Compliance Status report is due and shall 
cover the 6-month period beginning on the date the Notification of 
Compliance Status report is due. Each subsequent Periodic report shall 
cover the 6-month period following the preceding period and shall be 
submitted no later than 60 days after the end of the applicable period.
* * * * *
    (2) Content of periodic report. The owner or operator shall include 
the information in paragraphs (g)(2)(i) through (xii) of this section, 
as applicable.
* * * * *
    (ix) Records of process units added to each process unit group, if 
applicable.
    (x) Records of redetermination of the primary product for a process 
unit group.
    (xi) For each inspection conducted in accordance with Sec.  
63.1366(h)(2) or (3) during which a leak is detected, the records 
specify in Sec.  63.1367(h)(4) must be included in the next Periodic 
report.
    (xii) If the owner or operator elects to comply with the provisions 
of Sec.  63.1362(c) by installing a floating roof, the owner or 
operator shall submit the information specified in Sec.  63.122(d) 
through (f) as applicable. References to Sec.  63.152 in Sec.  63.122 
shall not apply for the purposes of this subpart.
    (h) * * *
    (1) Except as specified in paragraph (h)(2) of this section, 
whenever a process change is made, or any of the information submitted 
in the Notification of Compliance Status report changes, the owner or 
operator shall submit the information specified in paragraphs (h)(1)(i) 
through (iv) of this section with the next Periodic report required 
under paragraph (g) of this section. For the purposes of this section, 
a process change means the startup of a new process, as defined in 
Sec.  63.1361.
* * * * *

    10. Table 1 to subpart MMM is amended by:
    a. Removing entry ``63.9(i)-(j);'' and
    b. Adding the entries ``63.9(i)'' and ``63.9(j)'' in it's place.
    The additions read as follows:

 Table 1 to Subpart MMM of Part 63.--General Provisions Applicability to
                               Subpart MMM
------------------------------------------------------------------------
                                  Applies to
    Reference to subpart A       subpart MMM           Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(i)......................  Yes.
63.9(j)......................  No.............  Sec.   63.1368(h)
                                                 specifies procedures
                                                 for notification of
                                                 changes.
 
                              * * * * * * *
------------------------------------------------------------------------


    11. Table 4 to subpart MMM is revised to read as follows:

  Table 4 to Subpart MMM.--Control Requirements for Items of Equipment
               That Meet the Criteria of Sec.   63.1362(k)
------------------------------------------------------------------------
          Item of equipment                 Control requirement \a\
------------------------------------------------------------------------
1. Drain or drain hub................  (a) Tightly fitting solid cover
                                        (TFSC); or
                                       (b) TFSC with a vent to either a
                                        process, or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) Water seal with submerged
                                        discharge or barrier to protect
                                        discharge from wind.
2. Manhole\b\........................  (a) TFSC; or
                                       (b) TFSC with a vent to either a
                                        process or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) If the item is vented to the
                                        atmosphere, use a TFSC with a
                                        properly operating water seal at
                                        the entrance or exit to the item
                                        to restrict ventilation in the
                                        collection system. The vent pipe
                                        shall be at least 90 cm in
                                        length and not exceeding 10.2 cm
                                        in nominal inside diameter.
3. Lift station......................  (a) TFSC; or
                                       (b) TFSC with a vent to either a
                                        process, or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) If the lift station is vented
                                        to the atmosphere, use a TFSC
                                        with a properly operating water
                                        seal at the entrance or exit to
                                        the item to restrict ventilation
                                        in the collection system. The
                                        vent pipe shall be at least 90
                                        cm in length and not exceeding
                                        10.2 cm in nominal inside
                                        diameter. The lift station shall
                                        be level controlled to minimize
                                        changes in the liquid level.
4. Trench............................  (a) TFSC; or
                                       (b) TFSC with a vent to either a
                                        process, or to a control device
                                        meeting the requirements of Sec.
                                          63.139(c); or
                                       (c) If the item is vented to the
                                        atmosphere, use a TFSC with a
                                        properly operating water seal at
                                        the entrance or exit to the item
                                        to restrict ventilation in the
                                        collection system. The vent pipe
                                        shall be at least 90 cm in
                                        length and not exceeding 10.2 cm
                                        in nominal inside diameter.
5. Pipe..............................  Each pipe shall have no visible
                                        gaps in joints, seals, or other
                                        emission interfaces.
6. Oil/water separator...............  (a) Equip with a fixed roof and
                                        route vapors to a process, or
                                        equip with a closed-vent system
                                        that routes vapors to a control
                                        device meeting the requirements
                                        of Sec.   63.139(c); or
                                       (b) Equip with a floating roof
                                        that meets the equipment
                                        specifications of Sec.   60.693
                                        (a)(1)(i), (a)(1)(ii), (a)(2),
                                        (a)(3), and (a)(4).
7. Tank..............................  Maintain a fixed roof and
                                        consider vents as process
                                        vents.\c\
------------------------------------------------------------------------
\a\ Where a tightly fitting solid cover is required, it shall be
  maintained with no visible gaps or openings, except during periods of
  sampling, inspection, or maintenance.
\b\ Manhole includes sumps and other points of access to a conveyance
  system.

[[Page 59356]]

 
\c\ A fixed roof may have openings necessary for proper venting of the
  tank, such as pressure/vacuum vent, j-pipe vent.


[FR Doc. 02-23260 Filed 9-19-02; 8:45 am]
BILLING CODE 6560-50-P