[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Rules and Regulations]
[Pages 46684-46700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15733]



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Part III





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Cellulose 
Products Manufacturing; Final Rule and Proposed Rule

  Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / 
Rules and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0193; FRL-7948-5]
RIN 2060-AL91


National Emission Standards for Hazardous Air Pollutants: 
Cellulose Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action on amendments to the 
national emission standards for hazardous air pollutants (NESHAP) for 
cellulose products manufacturing, which were issued on June 11, 2002, 
under section 112 of the Clean Air Act (CAA). The amendments revise the 
work practice standards, general and initial compliance requirements, 
definitions, and General Provisions applicability, as well as correct 
typographical, formatting, and cross-referencing errors in the final 
rule. We are issuing the amendments as a direct final rule, without 
prior proposal, because we view the amendments as noncontroversial and 
anticipate no adverse comments. However, in the Proposed Rules section 
of this Federal Register, we are publishing a separate document that 
will serve as the proposal to amend the NESHAP for cellulose products 
manufacturing if adverse comments are filed.

DATES: The direct final rule is effective on October 11, 2005, unless 
EPA receives adverse comments by September 9, 2005, or by September 26, 
2005, if a hearing is requested by August 22, 2005. If adverse comments 
are received, EPA will publish a timely withdrawal in the Federal 
Register indicating which sections will become effective, and which 
provisions are being withdrawn due to adverse comment. If anyone 
contacts the EPA requesting to speak at a public hearing, a public 
hearing will be held on August 24, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0193, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: EPA Docket Center, EPA, Mailcode: 6102T, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a 
duplicate copy, if possible.
     Hand Delivery: Air and Radiation Docket, EPA, 1301 
Constitution Avenue, NW., Room B-108, Washington, DC 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions. Direct your comments to Docket ID No. OAR-2003-0193. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102).
    Docket. All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hardcopy 
at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, North Carolina or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Schrock, Organic Chemicals 
Group, Emission Standards Division (C504-04), Office of Air Quality 
Planning and Standards, U.S. EPA, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-5032, facsimile number (919) 
541-3470, electronic mail (e-mail) address [email protected].

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

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                 Category                               NAICS code*               Examples of regulated entities
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Industry..................................  326121.............................  cellulose food casing
                                                                                  operations.
                                            325221.............................  rayon operations.
                                            326199, 325211.....................  cellulosic sponge operations.
                                            326199.............................  cellophane operations.
                                            325199.............................  cellulose ether operations.
Federal Government........................  ...................................  Not affected.

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State/local/tribal government.............  ...................................  Not affected.
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* North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should carefully examine the applicability criteria in Sec.  
63.5485 of the national emission standards. 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 of this document.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Mr. Bill 
Schrock, Organic Chemicals Group, Emission Standards Division (Mail 
Code C504-05), U.S. EPA, Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-5605, electronic mail address 
[email protected]., at least 2 days in advance of the potential date 
of the public hearing. Persons interested in attending the public 
hearing must also call Mr. Bill Schrock to verify the time, date, and 
location of the hearing. The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
these proposed emission standards.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's document will also be available on the 
WWW through EPA's Technology Transfer Network (TTN). Following 
signature by the EPA Administrator, a copy of this action will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides 
information and technology exchange in various areas of air pollution 
control.
    Comments. We are publishing the direct final rule amendments 
without prior proposal because we view the amendments as 
noncontroversial and do not anticipate adverse comments. However, in 
the Proposed Rules section of this Federal Register, we are publishing 
a separate document that will serve as the proposal to amend the 
national emission standards for cellulose products manufacturing 
operations if adverse comments are filed. If we receive any adverse 
comments on one or more distinct amendments, we will publish a timely 
withdrawal in the Federal Register informing the public which 
provisions will become effective, and which provisions are being 
withdrawn due to adverse comment. We will address all public comments 
in a subsequent final rule, should the Agency determine to issue one. 
Any of the distinct amendments in today's direct final rule for which 
we do not receive adverse comment will become effective on the 
previously mentioned date. We will not institute a second comment 
period on the direct final rule amendments. Any parties interested in 
commenting must do so at this time.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule amendments is available only by filing 
a petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by October 11, 2005. Under section 307(d)(7)(B) of the 
CAA, only an objection to the direct final rule amendments which was 
raised with reasonable specificity during the period for public comment 
can be raised during judicial review. Moreover, under section 307(b)(2) 
of the CAA, the requirements established by the direct final rule 
amendments may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these requirements.
    Outline. The following outline is provided to aid in reading the 
preamble to the direct final rule.

I. Background
    A. Work Practice Standards
    B. General Compliance Requirements
    C. Initial Compliance Requirements
    D. Definitions
    E. Applicability of General Provisions
    F. Miscellaneous Corrections
II. Summary of Amendments
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    The EPA, under section 112 of the CAA, promulgated the NESHAP for 
cellulose products manufacturing on June 11, 2002 (67 FR 40044). The 
final rule, codified at 40 CFR part 63, subpart UUUU, includes emission 
limits, operating limits, and work practice standards, as well as 
general, initial, and continuous compliance requirements and 
notification, reporting, and recordkeeping requirements. Following 
promulgation of the rule, UCB Films, Inc. and Teepak, LLC petitioned 
the Agency for specific changes to the final rule, and Dow Chemical Co. 
informally requested that we issue specific amendments to the final 
rule.
    In response to industry's requests, today's action issues 
amendments to subpart UUUU of 40 CFR part 63 to revise the work 
practice standards, general and initial compliance requirements, 
definitions, and General Provisions applicability. The amendments also 
include corrections of typographical, formatting, and cross-referencing 
errors identified after the final rule was published. The amendments 
are described below.

A. Work-Practice Standards

    The cellophane operation at the UCB Films facility in Tecumseh, 
Kansas includes a number of casting machines, each of which includes 
concentrated sulfuric acid baths referred to as ``A-tanks.'' Above the 
A-tanks are retractable hoods that can be moved up or down. To capture 
emissions, the hoods over the A-tanks are moved into the down position, 
and the vent streams from the A-tanks are routed to a thermal oxidizer. 
For operational purposes, the hoods over the A-tanks are at times kept 
in the up position, and during those times the vent streams from the A-
tanks are diverted to the stack. UCB Films has asked whether the 
provision in the final rule requiring vent streams at cellophane 
operations to be routed through closed-vent systems to control devices 
possibly could be construed to apply to these A-tank hoods and, 
therefore, could require UCB Films to operate its casting machines with 
the A-tank hoods in the down position at all times.
    The cellophane operation at the UCB Films facility is the only one 
currently

[[Page 46686]]

operating in the U.S. Consequently, the maximum achievable control 
technology (MACT) floor for cellophane operations was established based 
on the current emission limitation at the UCB Films facility. This MACT 
floor accounted for the A-tank hoods at the UCB Films facility at times 
being kept in the up position. Consequently, the closed-vent system 
requirement, as currently stated, would be inconsistent with MACT for 
cellophane operations. Therefore, through the amendments to the final 
rule, we are now making clear that we did not intend for the closed-
vent system provision to apply to retractable hoods over sulfuric acid 
baths at a cellophane operation, such as the A-tank hoods at the UCB 
Films facility. The final rule does not prohibit UCB Films from 
operating its casting machines with the A-tank hoods in the up 
position.

B. General Compliance Requirements

    In response to comments on the proposed rule, we changed the 
deadline for completing a performance test or other initial compliance 
demonstration from 180 days before to 180 days after the compliance 
date. To ensure that a record of compliance would be kept between the 
compliance date and the date when operating limits for the continuous 
monitoring systems (CMS) are established (i.e., the date of the 
performance test or other initial compliance demonstration), we 
included a provision in Sec.  63.5515(b)(1) of the final rule that 
requires affected sources to maintain an operation and maintenance 
(O&M) log of the process and emissions control equipment during that 
period.
    Dow has requested that we limit the O&M log to emission control 
equipment because the amount and type of data associated with operation 
and maintenance of the process are unclear and onerous. For example, 
with the current text in the final rule, companies would be required to 
document when a pump used to inject water treatment chemicals into 
boiler feedwater for steam generation was replaced or repaired. Plant 
operators would be required to record literally thousands of data 
points related to the operation of ``any'' aspect of the production 
unit, even though it would have no bearing on emissions or the 
compliance parameters required by the final rule. According to Dow, 
this broad scope was certain to be inconsistently applied, and it would 
be difficult, if not impossible, to demonstrate compliance.
    Dow has also requested that we clarify that the O&M log requirement 
is needed only for those control devices used to comply with the 
standard, not every control device unassociated with the scope of the 
final rule. Some control devices may be installed for odor or State 
requirements and do not need to be included in the O&M log. For 
example, one of Dow's cellulose ether facilities has a scrubber that, 
under a State permit, is used to control non-hazardous air pollutants 
emissions, and the facility does not need to monitor or conduct a 
performance test on this scrubber in order to comply with the final 
rule. According to Dow, with the current text in the final rule, the 
facility would have to maintain data on the scrubber for no other 
purpose than that stated in Sec.  63.5515(b)(1).
    Consequently, Dow has recommended that EPA revise Sec.  
63.5515(b)(1) to replace the term ``process and emissions control 
equipment'' with the term ``control technique used to comply with the 
rule.'' Dow has recommended using the term ``control technique'' rather 
than ``emissions control equipment'' because ``control technique'' is 
defined in Sec.  63.5610 of the final rule. Dow believes that this 
revision would clarify the requirement and strike a more appropriate 
balance without being unnecessarily burdensome. The Agency agrees with 
the rationale provided by Dow that a more narrow definition for items 
to be contained in the O&M log is appropriate. Therefore, through the 
amendments to the final rule, we are making the suggested revision to 
Sec.  63.5515(b)(1).

C. Initial Compliance Requirements

1. Material Balance Compliance Option
    One of Dow's cellulose ether facilities uses a material balance to 
calculate the amount of HAP reacted, i.e., destroyed in the process. 
According to Dow, this facility's demonstration of overall control 
efficiency is similar to the viscose process material balance. Dow has 
requested that EPA provide cellulose ether affected sources with a 
material balance compliance option similar to that for the viscose 
process affected sources. This option would allow the cellulose ether 
affected sources to demonstrate initial compliance using a month-long 
initial compliance demonstration and demonstrate continuous compliance 
by maintaining a material balance and using it to document the percent 
reduction of total organic hazardous air pollutants (HAP) emissions. 
The Agency was unaware that any cellulose ether facilities were using 
the material balance technique to calculate their control efficiency 
and, therefore, did not provide this as a compliance option for 
cellulose ether facilities in the final rule. We consider this a valid 
approach for calculating control efficiency and extending this option 
to the cellulose ether affected sources makes the final rule consistent 
with the viscose process affected sources. Therefore, through the 
amendments to the final rule, we are providing the requested material 
balance compliance option for cellulose ether operations, with the 
clarification that the start point from which the percent reduction is 
determined must be the onset of extended cookout. Extended cookout is a 
means of reducing HAP emissions by allowing the reaction to occur for a 
longer period of time than economically desired, thus allowing for more 
of the HAP to be consumed in the reaction. This clarification that the 
start point for the material balance compliance option is necessary 
because cellulose ether affected sources actually consume much of the 
HAP in their reaction (e.g., ethylene oxide), while viscose process 
affected sources eventually regenerate all of the HAP in their reaction 
(as either carbon disulfide or hydrogen sulfide).
2. Additional Testing
    Tables 3 and 5 to the final rule require viscose process affected 
sources to prepare and maintain a material balance that includes the 
``pertinent data'' used to determine the percent reduction of total 
sulfide emissions. To prepare and maintain such a material balance, 
emissions information to determine control efficiency would be needed 
in addition to that gathered through the initial performance test. 
According to Teepak, the ``pertinent data'' language in the final rule 
possibly could be construed to require additional testing to complete 
the material balance, although such additional testing is not 
explicitly required in the final rule and would be inconsistent with 
language in the preamble. Teepak has recommended that EPA revise Sec.  
63.5535(g)(1) to clarify that no additional emission tests are 
required. The Agency did not intend to require additional emissions 
tests be conducted by use of the term ``pertinent data'' and agrees 
with Teepak's request. Therefore, through the amendments to the final 
rule, we are making the suggested revision to Sec.  63.5535(g)(1) for 
viscose process affected sources. For consistency, we are providing the 
same clarification for those cellulose ether affected sources that 
choose the material balance compliance option.
3. Batch Emission Episodes
    For those sources that choose to conduct an initial performance 
test, Dow has noted that the final rule does

[[Page 46687]]

not address the testing of batch emission episodes lasting less than 1 
hour. According to Dow, the final rule is unclear and has conflicting 
requirements between the regulatory text and tables regarding whether 
(1) the batch emission episode provisions in Sec.  63.490(c) apply to 
calculating the emission rate, as stated in table 4 to the final rule, 
(2) three 1-hour tests are required, as stated in Sec.  63.5535(d), or 
(3) a 3-hour test is required, as stated in table 3 to the final rule. 
Dow has recommended that EPA clarify in Sec.  63.5535(d) and (e) that 
batch process vent tests follow the provisions listed in table 4 and 
Sec.  63.490(c), which Dow has interpreted as allowing testing on a 
batch emission episode. Upon review of the subject testing requirements 
the Agency agrees with Dow's assessment that the language in the text 
and tables conflict and need clarification. Therefore, through the 
amendments to the final rule, we are making the suggested revision to 
Sec.  63.5535(d) and (e). To account for the testing of batch emission 
episodes, which may last less than 1 hour per test run, we are also 
removing the ``3-hour'' term used in table 3 to the final rule to 
describe the performance test. This revision also eliminates any 
confusion with the requirement in Sec.  63.5535(d) for three 1-hour 
test runs.
4. Uncontrolled Emissions
    Both Teepak and Dow have noted that table 3 to the final rule 
requires operations to demonstrate initial compliance with the emission 
limit by ``measuring'' the average uncontrolled emissions during the 
compliance demonstration or performance test. However, the final rule 
does not require month-long initial performance tests, nor does it 
require any additional testing after the initial performance tests of 
control device efficiency. Teepak has recommended that EPA change the 
term ``measured'' in table 3 to the final rule to ``determined'' to 
clarify that no additional testing or measurement was intended for 
cellulose food casing operations or any other viscose process affected 
source. Dow has recommended that EPA revise tables 3 and 4 to the final 
rule to allow engineering assessments to be used as an alternative for 
determining the uncontrolled emissions from process vents. According to 
Dow, engineering assessments are allowed in other NESHAP, including the 
Hazardous Organic NESHAP (HON), the Pharmaceutical NESHAP, and the 
Pesticide Active Ingredient NESHAP.
    The Agency agrees with Dow and Teepak that using the term 
``determined'' instead of ``measured'' is consistent with the approach 
of using an engineering assessment as an alternative for determining 
uncontrolled emissions. Through the amendments to the final rule, we 
are making the clarification to table 3 to the final rule suggested by 
Teepak for viscose process affected sources. For consistency, we are 
providing the same clarification for those cellulose ether affected 
sources that choose to demonstrate initial compliance using a month-
long compliance demonstration. We are also making the revision to table 
3 to the final rule suggested by Dow for cellulose ether affected 
sources. This revision should provide cellulose ether affected sources 
with some flexibility in determining uncontrolled emissions, whether 
they are conducting an initial performance test or a month-long 
compliance demonstration. For consistency, we are also providing the 
viscose process affected sources with the same option to use 
engineering assessments. We are not making the revision to table 4 to 
the final rule suggested by Dow because this issue will already be 
addressed in the revision to table 3 of the final rule. Table 4 of the 
final rule is designed to describe the performance testing 
requirements, and if a source is using other means (e.g., engineering 
assessments) to determine uncontrolled emissions, then those means 
should be described in table 3 of the final rule.
5. Equations
    Dow has noted that Sec.  63.5535(e)(2) requires sources to 
calculate the ``total sulfide emission rate.'' According to Dow, it is 
not necessary for a source to calculate the total sulfide emission rate 
if it does not use sulfur compounds, specifically carbon disulfide, in 
its process. Dow has recommended that EPA clarify the final rule so 
that Sec.  63.5535(e)(2) is used only for viscose processes that 
actually use carbon disulfide. Through the amendments to the final 
rule, we are revising Sec.  63.5535(e) to require sources to use the 
equations ``as applicable.'' This revision should account for those 
sources (e.g., cellulose ether affected sources) for which an equation 
(e.g., total sulfide emission equation) may not apply.
6. Establishing Operating Limits
    Section 63.5535(h)(1) of the final rule references Sec.  
63.505(b)(2) regarding the establishment of operating limits for 
continuous processes. Section 63.505(b)(2) requires sources to use the 
average of the maximum values to establish a maximum level and the 
average of the minimum values to establish a minimum level. Teepak has 
argued that this procedure inappropriately restricts the range in which 
their scrubbers can be operated to ensure compliance with the emission 
reduction requirements. According to Teepak, the capabilities of the 
scrubber under a range of conditions, not simply the average 
capabilities, should be used to determine maximum and minimum operating 
limits. Teepak has recommended that we replace the procedures of Sec.  
63.505(b)(2) with those of Sec.  63.505(c), which require sources to 
establish parameter operating levels based on performance tests, 
supplemented by engineering assessments and/or manufacturer's 
recommendations. According to Teepak, this change would allow the 
development of true operating limits of the control or recovery device. 
Teepak has also recommended that we revise table 3 to the final rule to 
clarify that a range of scrubber operating values is acceptable.
    The Agency agrees with Teepak that the use of average values to 
establish the minimum and maximum operating limits for the scrubbers 
will not result in an effective measure for assessing the operational 
performance of the scrubbers. By using the averages for establishing 
both the minimum and maximum values for the scrubber operating range, 
an overly restrictive range is set, while the scrubbers can be 
demonstrated to operate effectively operate over a much broader range. 
Therefore, through the amendments to the final rule, we are making the 
suggested revisions to Sec.  63.5535(h)(1), (5), and (6). We are also 
revising tables 2, 3, and 6 to final rule. For consistency, we are 
applying the requirement to use Sec.  63.505(c) to both continuous and 
batch processes.

D. Definitions

1. Process Unit/Source Category
    In response to a comment on the proposed rule, we added a 
definition for ``cellulose ether process unit'' to the final rule to 
help define the boundaries around equipment for equipment leak 
monitoring. We also revised the definition for ``cellulose ether 
operation'' to provide greater clarification of what it includes, and 
we revised the definition for ``cellulose ether process'' to 
specifically exclude solids handling. However, the requirements in the 
final rule refer only to the definitions for ``cellulose ether 
operation'' and ``cellulose ether process unit,'' which do not exclude 
solids handling equipment. Dow has argued that, without clear 
definitions, the

[[Page 46688]]

regulated industry cannot delineate the equipment included in the 
process unit and subject to the final rule. As ``cellulose ether 
process unit'' is currently defined, equipment in the solids handling 
process would be a part of the cellulose ether process unit and would 
be subject to the equipment leak provisions. According to Dow, it is 
doubtful that the HAP concentration in the solids handling equipment 
would exceed 5 percent, and unnecessary records would be needed to 
document that the equipment is not monitored. Dow has recommended that 
EPA revise the definition for ``cellulose ether process unit'' to 
specifically include the term ``cellulose ether process.'' According to 
Dow, revising this definition would be a clear and simple approach to 
exclude equipment not a part of the cellulose ether process unit and, 
therefore, not subject to equipment leaks monitoring. Dow has also 
recommended that EPA revise the definition for ``Cellulose Ethers 
Production source category'' to refer to ``the collection of cellulose 
ether operations'' to provide a similar clarification.
    The Agency agrees with Dow that revising the definitions will 
provide clarity and consistency to what equipment is subject to the 
equipment leak monitoring. Additionally, based on a review of the 
information presented to EPA during the initial development of these 
provisions the solids handling equipment is unlikely to exceed the 5 
percent HAP threshold and, as the rule is currently written, 
unnecessary records would need to be kept. Through the amendments to 
the final rule, we are making the suggested revisions to the 
definitions for ``cellulose ether process unit'' and ``Cellulose Ethers 
Production source category.'' For consistency, we are also revising 
several other definitions. We are revising the definitions for 
``cellulose food casing process unit,'' ``cellulosic sponge process 
unit,'' and ``rayon process unit'' to specifically include the term 
``viscose process.'' We are revising the definition for ``cellophane 
process unit'' to specifically include the terms ``viscose process'' 
and ``solvent coating process.'' Finally, we are revising the 
definition for ``Miscellaneous Viscose Processes source category'' to 
specifically include the collection of ``cellulose food casing, rayon, 
cellulosic sponge, and cellophane operations.''
    Dow has also recommended that EPA revise the tables in the final 
rule to refer to the definition for ``cellulose ether process unit'' 
instead of ``cellulose ether operation.'' According to Dow, this change 
would allow EPA to clearly define the equipment subject to control. 
Specifically, Dow believes that EPA needs to define the boundaries of 
the process unit to determine where a wastewater process stream is 
discarded and, thus, becomes a wastewater. According to Dow, with the 
broadly defined term ``cellulose ether operation,'' no stream ever 
exits the process and becomes discarded.
    We do not believe that replacing the term ``cellulose ether 
operation'' with ``cellulose ether process unit'' in the tables is 
necessary or even desirable. Such a revision would effectively exclude 
from regulation those equipment, such as heat exchanger systems, 
wastewater and waste management units, and cooling towers, that are not 
associated with the cellulose ether process unit but are located at a 
cellulose ether operation. Additionally, these sources were considered 
in establishing the MACT floor. Consequently, we are not making this 
suggested revision to the final rule.
2. Process Vent
    In response to a comment on the proposed rule, we revised the 
definition of ``process vent'' in the final rule to refer to ``a point 
of discharge to the atmosphere * * * of a HAP-containing gas stream 
from the process operation.'' Noting that the term ``process 
operation'' is not defined in the final rule, Dow has recommended that 
EPA replace it with the term ``unit operation.'' According to Dow, the 
term ``unit operation'' is already defined in the final rule because 
Sec.  63.5610 references the definitions from Sec.  63.101 of the HON. 
Dow has also expressed concern that the definition for ``process vent'' 
in the final rule does not define the basis for the concentration of a 
process vent, e.g., HAP or total organic compound (TOC). Consequently, 
Dow has recommended that EPA revise the definition for ``process vent'' 
to state that it does not include ''* * * vents with * * * a 
concentration less than 50 parts per million by volume (ppmv) of HAP or 
TOC * * *'' EPA agrees with Dow's comment concerning the definition of 
process vent. Specifically, we agree that through the reference to 
Sec.  63.101 of the HON and our definition of ``process vent'' we have 
created an inconsistency in the rule. To correct this inconsistency we 
are incorporating the characteristics of the vent stream from the HON 
into our process vent definition. Through the amendments to the final 
rule, we are making the suggested clarifications to the definition for 
``process vent.''

E. Applicability of General Provisions

    Facilities subject to the final rule are required to submit 
periodic compliance reports containing, among other things, information 
on episodes of startup, shutdown, or malfunction that occurred during 
each reporting period. UCB Films has asked whether the routine breaks 
of film (commonly called ``wet breaks'') that occur in its casting 
machines possibly could be construed as falling within the definition 
for ``malfunction.'' The wet breaks would not affect UCB's ability to 
meet the standards. We do not consider this type of routine event to 
fall within the definition for ``malfunction'' and believe it should 
not be included within the reporting requirement. See 67 FR 72875, 
72881 (December 9, 2002); 68 FR 32586, 32592-32593 (May 30, 2003). For 
consistency, this interpretation also applies to routine breaks of 
cellulose food casing and rayon.
    UCB Films also requested clarification of the reporting obligations 
for its casting machines when they are temporarily turned off to fix 
wet breaks. Clarification may also be needed, according to UCB Films, 
regarding the subsequent restart of the casting machines after the wet 
breaks are fixed. The recent revisions to the 40 CFR part 63 General 
Provisions state that there is no duty to report the number or duration 
of these events or to describe each one individually in the startup, 
shutdown, and malfunction report as long as the provisions of the 
startup, shutdown, and malfunction plan are followed and the report 
contains a statement to that effect; see Sec.  63.10(d)(5)(i) and 68 FR 
32592. No changes to subpart UUUU of 40 CFR part 63 are needed to 
address this issue.

F. Miscellaneous Corrections

    Through the amendments to the final rule, we are also correcting 
various typographical, formatting, and cross-referencing errors found 
in the final rule and updating the cross-references, where necessary, 
to include the amended sections.

II. Summary of Amendments

    Today's amendments to subpart UUUU are described in Table 1 of this 
preamble.

[[Page 46689]]



    Table 1.--Summary of Amendments to Subpart UUUU of 40 CFR Part 63
------------------------------------------------------------------------
                Citation                              Change
------------------------------------------------------------------------
Sec.   63.5490(d)......................  Change ``meet'' to ``met'' for
                                          verb tense consistency.
Sec.   63.5515(b)(1) and (f)             Remove the requirement in
 introductory paragraph.                  paragraph (b)(1) to maintain a
                                          log for O&M of process
                                          equipment and state that the
                                          O&M log is only required for
                                          control devices used to comply
                                          with the rule.
                                         Replace the phrase ``to of this
                                          subpart'' in (f) introductory
                                          paragraph with ``to this
                                          subpart.''
Sec.   63.5535 (d), (e) introductory     Revise paragraph (d) to
 paragraph, (g)(1), and (h).              reference Sec.   63.490(c) for
                                          batch process vents.
                                         Revise (e) introductory
                                          paragraph to reference Sec.
                                          63.490(c) for batch process
                                          vents. Also note that sources
                                          must use the equations as
                                          applicable.
                                         Revise paragraph (g)(1) to
                                          specify that no additional
                                          testing is required for
                                          viscose process affected
                                          sources required to conduct an
                                          initial performance test to
                                          determine the control
                                          efficiency of their non-
                                          recovery control devices.
                                         Replace references to Sec.
                                          63.505(b) (2) and (3) in
                                          paragraphs (h) (1) and (2)
                                          with references to Sec.
                                          63.505(c) for procedures used
                                          to establish operating limits.
                                          Combine paragraphs (h) (1) and
                                          (2) to apply to both
                                          continuous and batch
                                          processes. Renumber paragraphs
                                          (h) (3) through (10) as
                                          paragraphs (h) (2) through
                                          (9).
                                         Revise paragraphs (h) (5) and
                                          (6) to require affected
                                          sources to record the range of
                                          scrubber parameter values,
                                          rather than the average.
                                         Renumber paragraph (h) as
                                          paragraph (i) and add a new
                                          paragraph (h) that includes an
                                          initial compliance option for
                                          cellulose ether operations
                                          similar to the material
                                          balance option for the viscose
                                          process affected sources. For
                                          cellulose ether operations
                                          using extended cookout under
                                          this option, specify that the
                                          start point from which the
                                          percent reduction is
                                          determined must be the onset
                                          of extended cookout. Also
                                          specify that no additional
                                          testing is required for
                                          cellulose ether affected
                                          sources required to conduct an
                                          initial performance test to
                                          determine the control
                                          efficiency of their non-
                                          recovery control devices.
Sec.   63.5545(e)(4)...................  Change the citation, which
                                          describes the data to be
                                          excluded from continuous
                                          emissions monitoring system
                                          (CEMS) data averages, from
                                          paragraph (a)(5) to paragraph
                                          (e)(5) of this section.
Sec.   63.5610 (a) and (g).............  Revise paragraph (a) by
                                          changing the citation for
                                          operating limit provisions
                                          from Sec.   63.505(b) to Sec.
                                           63.505(c).
                                         Revise the definitions of
                                          ``Cellulose Ethers Production
                                          source category'' and
                                          ``Miscellaneous Viscose
                                          Processes source category'' in
                                          paragraph (g) to include a
                                          reference to the types of
                                          operations that are included
                                          in the source categories
                                          (cellulose ether, cellophane,
                                          cellulose food casing,
                                          cellulosic sponge, and rayon).
                                         Revise the definition of
                                          ``cellulose ether process
                                          unit'' in paragraph (g) to
                                          include the term ``cellulose
                                          ether process.'' Revise the
                                          definitions of ``cellulose
                                          food casing process unit,''
                                          ``cellulosic sponge process
                                          unit,'' and ``rayon process
                                          unit'' to include the term
                                          ``viscose process.'' Revise
                                          the definition of ``cellophane
                                          process unit'' to include the
                                          terms ``viscose process'' and
                                          ``solvent coating process.''
                                         Revise the definition of
                                          ``process vent'' in paragraph
                                          (g)to replace the undefined
                                          term ``process operation''
                                          with the defined term ``unit
                                          operation'' and to define the
                                          concentration basis for
                                          process vents as HAP or TOC.
Table 1, items 1.c. i and ii, 1.f. ii    Remove the numbering for
 and iii, 9, 10, and 11.                  individual requirements under
                                          items 1.c. i and ii.
                                         Revise items 1.f. ii and iii,
                                          item 10, and item 11 to
                                          clarify that the standards for
                                          closed-vent systems at
                                          cellophane operations do not
                                          apply to retractable hoods
                                          over sulfuric acid baths at a
                                          cellophane operation.
                                         Revise item 9 to replace the
                                          phrase ``liquid streams in
                                          open system 2'' with ``liquid
                                          streams in open systems.''
                                         Designate the affected source
                                          text under item 11 as ``a.''
Table 2, items 3 and 4.................  Revise items 3 and 4 to require
                                          affected sources to maintain
                                          the scrubber parameters within
                                          a range of values established
                                          during the compliance
                                          demonstration, rather than
                                          above or below an average
                                          value.
Table 3, introductory statement and      Revise the introductory
 items 1.a.i. (1) and (2); 1.b.i. (1)     statement for Table 3 to
 and (2); 1.c.i.(1); 1.c.ii.(1);          include Sec.   63.5535(h) in
 1.d.i.(1); 1.e.i.(1); 1.f.i.(1);         the list of referenced
 1.f.ii and 2.a.i.(1); 3.a; 6.a.i.(1);    provisions.
 and 12.a.i.(2).                         Regarding the requirement in
                                          items 1.a.i.(1), 1.b.i.(1),
                                          1.c.i.(1), 1.c.ii.(1),
                                          1.d.i.(1), 1.e.i.(1),
                                          1.f.i.(1), 2.a.i.(1), 3.a, and
                                          6.a.i.(1) to ``measure''
                                          average uncontrolled emissions
                                          during the month-long
                                          compliance demonstration,
                                          change ``measured'' to
                                          ``determined.'' Provide
                                          sources with the option to use
                                          engineering assessments to
                                          determine uncontrolled
                                          emissions.

[[Page 46690]]

 
                                         Revise items 1.a.i.(2) and
                                          1.b.i.(2) to replace the term
                                          ``average operating parameter
                                          values'' with ``range of
                                          operating parameter values.''
                                         Revise items 1.f. ii and iii to
                                          clarify that the standards and
                                          initial compliance
                                          requirements for closed-vent
                                          systems at cellophane
                                          operations do not apply to
                                          retractable hoods over
                                          sulfuric acid baths at a
                                          cellophane operation.
                                         Revise item 2.a.i to change
                                          ``folling'' to ``rolling.''
                                         Split item 3.a. into two parts--
                                          items 3.a and 3.b. Item 3.a
                                          applies to cellulose ether
                                          operations using a performance
                                          test to demonstrate initial
                                          compliance. Item 3.b applies
                                          to cellulose ether operations
                                          using a material balance
                                          compliance demonstration to
                                          demonstrate initial
                                          compliance. Include under item
                                          3.b the requirements
                                          associated with the material
                                          balance compliance
                                          demonstration. Include under
                                          items 3.a and 3.b the option
                                          to use engineering assessments
                                          to determine uncontrolled
                                          emissions.
                                         Revise items 3.a.i. (1) and (2)
                                          to remove the term ``3-hour.''
                                         Remove the numbering for
                                          individual requirements under
                                          item 12.a.i.(2).
Table 4, introductory statement and      Revise the introductory
 items 3 and 4.a.i.(2).(b).               statement for Table 4 to
                                          include Sec.   63.5535(h)(1)
                                          in the list of referenced
                                          provisions. Reposition the
                                          requirements for item 3 into
                                          their proper columns. Correct
                                          the misspelling for
                                          ``potentially'' in item
                                          4.a.i.(2).(b).
Table 5, items 1.a. ii and iii; 3.a;     Revise items 1.a. ii and iii to
 5.a. i, ii, and iv; and 8.               clarify that the standards and
                                          continuous compliance
                                          requirements for closed-vent
                                          systems do not apply to
                                          retractable hoods over
                                          sulfuric acid baths at a
                                          cellophane operation.
                                         Under item 1.a.ii, designate
                                          the work practice standard for
                                          closed-vent systems as
                                          ``iii,'' instead of ``c.''
                                         Split item 3.a. into two parts--
                                          items 3.a and 3.b. Item 3.a
                                          applies to cellulose ether
                                          operations using a performance
                                          test to demonstrate initial
                                          compliance. Item 3.b applies
                                          to cellulose ether operations
                                          using a material balance
                                          compliance demonstration to
                                          demonstrate initial
                                          compliance. Include under item
                                          3.b the requirements
                                          associated with the material
                                          balance continuous compliance
                                          option.
                                         Under items 5.a. i, ii, and iv,
                                          remove the numbering for
                                          individual emission limits and
                                          standards (e.g., remove
                                          ``(1),'' ``(2),'' and
                                          ``(3)''). Also, change the
                                          numbering for individual
                                          continuous compliance
                                          requirements (e.g., change
                                          ``(a),'' ``(b),'' and ``(c)''
                                          to ``(1),'' ``(2),'' and
                                          ``(3)'').
                                         Correct the misspelling for
                                          ``wastewater'' in item 8.
Table 6, items 3 and 4.................  Revise items 3 and 4 to require
                                          affected sources to maintain
                                          the scrubber parameters within
                                          a range of values established
                                          during the compliance
                                          demonstration, rather than
                                          above or below an average
                                          value.
------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 5173, 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 
standards 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 entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the direct final rule amendments are not a 
``significant regulatory action'' because they do not meet any of the 
above criteria. Consequently, this action was not submitted to OMB for 
review under Executive Order 12866.

B. Paperwork Reduction Act

    This action makes clarifying changes to the final rule and imposes 
no new information collection requirements on the industry. This action 
revises a work practice standard, general and initial compliance 
requirements, definitions, and General Provisions applicability, as 
well as correct typographical, formatting, and cross-referencing errors 
in the final rule. The OMB has previously approved the information 
collection requirements contained in the existing regulations under the 
provisions of the Paper Work Reduction Act, 44 U.S.C. 3501 et seq., and 
has assigned OMB control number 2060-0488 (EPA ICR No. 1974.02).
    Copies of the Information Collection Request (ICR) document(s) may 
be obtained from Susan Auby, by mail at the Office of Environmental 
Information, Collection Strategies Division; U.S. EPA (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 566-1672. A copy may also be 
downloaded off the Internet at http://

[[Page 46691]]

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

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the direct final 
rule amendments.
    For purposes of assessing the impacts of today's direct final rule 
on small entities, small entity is defined as: (1) a small business 
that has fewer than 1,000 employees for NAICS codes 325221, 325188, and 
325199; fewer than 750 employees for NAICS code 325211; or fewer than 
500 employees for NAICS codes 326121 and 326199; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's direct final rule 
amendments on small entities, the EPA has concluded that this action 
will not have a significant impact on a substantial number of small 
entities. The direct final rule amendments will not impose any new 
requirements on small entities.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
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, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA's regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the direct final rule amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in aggregate, 
or the private sector in any 1 year, nor do the direct final rule 
amendments significantly or uniquely impact small governments, because 
the amendments contain no requirements that apply to such governments 
or impose obligations upon them. Thus, the requirements of the UMRA do 
not apply to the direct final rule amendments.

E. 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'' are 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.''
    The direct final rule amendments do not have federalism 
implications. The amendments 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. None of the affected facilities are owned or operated by State 
governments. Thus, the requirements of section 6 of the Executive Order 
do not apply to the direct final rule amendments.
    In the spirit of Executive Order 13132 and consistent with EPA 
policy to promote communications between the EPA, State and local 
governments, the EPA specifically solicits comment on the direct final 
rule amendments from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (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 direct final rule amendments do 
not have tribal implications, as specified in Executive Order 13175, 
because tribal governments do not own or operate any sources subject to 
the amendments in the direct final rule. Thus, Executive Order 13175 
does not apply to the direct final rule amendments.

G. 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 EPA determines (1) is ``economically significant'' as defined 
under Executive Order 12866, and (2) the environmental health or safety 
risk addressed by the rule has a disproportionate effect on children. 
If the regulatory action meets both criteria, then EPA must evaluate 
the environmental health or safety effects of the planned rule on 
children and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives that EPA 
considered.
    The EPA interprets Executive Order 13045 as applying only to 
regulatory actions that are based on health or safety risks, such that 
the analysis required

[[Page 46692]]

under section 5-501 of the Executive Order has the potential to 
influence the rule. The direct final rule amendments are not subject to 
Executive Order 13045, because the action is based on technology 
performance and not on health or safety risks. Furthermore, the direct 
final rule amendments have been determined not to be ``economically 
significant'' as defined under Executive Order 12866.

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

    The direct final rule amendments are not subject to Executive Order 
13211, ``Actions Concerning Regulations that Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) 
because the amendments are not considered a significant regulatory 
action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (Public Law 104-113; 15 U.S.C. 272 note) directs EPA to use 
voluntary consensus standards in its regulatory and procurement 
activities, unless to do so would be inconsistent with applicable law 
or otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are 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. This action 
does not involve technical standards. Therefore, EPA did not consider 
the use of any voluntary consensus standards.

J. Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement 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 the direct final 
rule amendments 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 direct final rule amendments 
in the Federal Register. The direct final rule amendments are not a 
``major rule'' as defined by 5 U.S.C. 804(2). The direct final rule 
will become effective on October 11, 2005, unless adverse comments are 
received by September 26, 2005.

List of Subjects in 40 CFR Part 63

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

    Dated: August 1, 2005.
Stephen L. Johnson,
Administrator.

0
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]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart UUUU--[Amended]

0
2. Section 63.5490 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.5490  What parts of my plant does this subpart cover?

* * * * *
    (d) An affected source is a new affected source if you began 
construction of the affected source after August 28, 2000 and you met 
the applicability criteria in Sec.  63.5485 at the time you began 
construction.
* * * * *

0
3. Section 63.5515 is amended by revising paragraphs (b)(1) and (f) 
introductory text to read as follows:


Sec.  63.5515  What are my general requirements for complying with this 
subpart?

    (b) * * *
    (1) During the period, if any, between the compliance date 
specified for your affected source in Sec.  63.5495 and the date upon 
which continuous monitoring systems (CMS) have been installed and 
validated and any applicable operating limits have been set, you must 
maintain a log detailing the operation and maintenance of any control 
technique used to comply with this subpart.
* * * * *
    (f) You are not required to conduct a performance test when you use 
any of the units specified in paragraphs (f)(1) through (5) of this 
section to comply with the applicable emission limit or work practice 
standard in table 1 to this subpart. You are also exempt from the 
continuous compliance, reporting, and recordkeeping requirements 
specified in tables 5 through 9 to this subpart for any of these units. 
This exemption applies to units used as control devices or wastewater 
treatment units.
* * * * *

0
4. Section 63.5535 is amended by:
0
a. Revising paragraphs (d), (e) introductory text, (g)(1), and (h);
0
b. Redesignating paragraph (h) as paragraph (i); and
0
c. Adding a new paragraph (h).
    The revisions and additions read as follows:


Sec.  63.5535  What performance tests and other procedures must I use?

* * * * *
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec.  63.7(e)(3). Each 
test run must last at least 1 hour, except as specified in Sec.  
63.490(c) for batch process vents.
    (e) Except as specified in Sec.  63.490(c) for batch process vents, 
you may use the equations in paragraphs (e)(1) through (3) of this 
section as applicable to determine the control efficiency for each 
performance test.
* * * * *
    (g) * * *
    (1) Viscose process affected sources that must use non-recovery 
control devices to meet the applicable emission limit in table 1 to 
this subpart must conduct an initial performance test of their non-
recovery control devices according to the requirements in table 4 to 
this subpart to determine the control efficiency of their non-recovery 
control devices and incorporate this information in their material 
balance. No additional performance tests are required.
* * * * *
    (h) Cellulose ether affected sources using the material balance 
compliance demonstration must conduct a month-long initial compliance 
demonstration according to the requirements in paragraphs (h)(1) 
through (4) of this section and table 3 to this subpart.
    (1) Cellulose ether affected sources that must use non-recovery 
control devices to meet the applicable emission limit in table 1 to 
this subpart must conduct an initial performance test of their non-
recovery control devices according to the requirements in table 4 to 
this subpart to determine the control efficiency of their non-recovery 
control devices and incorporate this information in their material 
balance. No additional performance tests are required.
    (2) Cellulose ether affected sources that use recovery devices to 
meet the

[[Page 46693]]

applicable emission limit in table 1 to this subpart must determine the 
quantity of organic HAP fed to the process and the quantity of organic 
HAP recovered using the recovery device and incorporate this 
information in their material balance.
    (3) Cellulose ether affected sources that use cellulose ether 
process changes to meet the applicable emission limit in table 1 to 
this subpart must determine the quantity of organic HAP used before and 
after the process change and incorporate this information in their 
material balance. For cellulose ether affected sources that use 
extended cookout, the start point from which the percent reduction is 
determined must be the onset of extended cookout.
    (4) Using the pertinent material balance information obtained 
according to paragraphs (h)(1) through (3) of this section, cellulose 
ether affected sources must calculate the monthly average percent 
reduction for their affected source over the month-long period of the 
compliance demonstration.
* * * * *
    (i) During the period of each compliance demonstration, you must 
establish each site-specific operating limit in table 2 to this subpart 
that applies to you according to the requirements in paragraphs (i)(1) 
through (9) of this section.
    (1) For continuous, batch, and combinations of continuous and batch 
process vents, establish your site-specific operating limit using the 
procedures in Sec.  63.505(c), except that, if you demonstrate initial 
compliance using a month-long compliance demonstration, references to 
``performance test'' mean ``compliance demonstration'' for purposes of 
this subpart.
    (2) For condensers, record the outlet (product side) gas or 
condensed liquid temperature averaged over the same period as the 
compliance demonstration while the vent stream is routed and 
constituted normally. Locate the temperature sensor in a position that 
provides a representative temperature.
    (3) For thermal oxidizers, record the firebox temperature averaged 
over the same period as the compliance demonstration. Locate the 
temperature sensor in a position that provides a representative 
temperature.
    (4) For water scrubbers, record the range of the pressure drop and 
flow rate of the scrubber liquid over the same time period as the 
compliance demonstration while the vent stream is routed and 
constituted normally. Locate the pressure and flow sensors in a 
position that provides a representative measurement of the parameter.
    (5) For caustic scrubbers, record the range of the pressure drop, 
flow rate of the scrubber liquid, and pH, conductivity, or alkalinity 
of the scrubber liquid over the same time period as the compliance 
demonstration while the vent stream is routed and constituted normally. 
Locate the pressure sensors, flow sensors, and pH, conductivity, or 
alkalinity sensors in positions that provide representative 
measurements of these parameters. Ensure the sample is properly mixed 
and representative of the fluid to be measured.
    (6) For flares, record the presence of a pilot flame. Locate the 
pilot flame sensor in a position that provides an accurate and 
continuous determination of the presence of the pilot flame.
    (7) For biofilters, record the pressure drop across the biofilter 
beds, inlet gas temperature, and effluent pH averaged over the same 
time period as the compliance demonstration while the vent stream is 
routed and constituted normally. Locate the pressure, temperature, and 
pH sensors in positions that provide representative measurement of 
these parameters. Ensure the sample is properly mixed and 
representative of the fluid to be measured.
    (8) For carbon adsorbers, record the total regeneration stream mass 
or volumetric flow during each carbon bed regeneration cycle during the 
period of the compliance demonstration. Record the temperature of the 
carbon bed after each carbon bed regeneration cycle during the period 
of the compliance demonstration (and within 15 minutes of completion of 
any cooling cycle(s)). Record the operating time since the end of the 
last carbon bed regeneration cycle and the beginning of the next carbon 
bed regeneration cycle during the period of the compliance 
demonstration. Locate the temperature and flow sensors in positions 
that provide representative measurement of these parameters.
    (9) For oil absorbers, record the flow of absorption liquid through 
the absorber, the temperatures of the absorption liquid before and 
after the steam stripper, and the steam flow through the steam stripper 
averaged during the same period of the compliance demonstration. Locate 
the temperature and flow sensors in positions that provide 
representative measurement of these parameters.

0
5. Section 63.5545 is amended by revising paragraph (e)(4) to read as 
follows:


Sec.  63.5545  What are my monitoring installation, operation, and 
maintenance requirements?

* * * * *
    (e) * * *
    (4) The CEMS data must be reduced to operating data averages 
computed using valid data from at least 75 percent of the hours during 
the averaging period. To have a valid hour of data, you must have four 
or more data points equally spaced over the 1-hour period (or at least 
two data points during an hour when calibration, quality assurance, or 
maintenance activities are being performed), except as specified in 
paragraph (e)(5) of this section.
* * * * *
0
6. Section 63.5610 is amended by revising paragraph (a) and the 
paragraph (g) definitions for cellophane process unit, cellulose ether 
process unit, Cellulose Ether Production source category, cellulose 
food casing process unit, cellulosic sponge process unit, Miscellaneous 
Viscose Processes source category, process vent, and rayon process unit 
to read as follows:


Sec.  63.5610  What definitions apply to this subpart?

    (a) For all affected sources complying with the batch process vent 
testing provisions in Sec.  63.490(c) and the operating limit 
provisions in Sec.  63.505(c), the terms used in this subpart and in 
subpart U of this part are defined in Sec.  63.482 and paragraph (g) of 
this section.
* * * * *
    (g) * * *
    Cellophane process unit means all equipment associated with the 
viscose process or solvent coating process which collectively function 
to manufacture cellophane and any associated storage vessels, liquid 
streams in open systems (as defined in Sec.  63.149), and equipment (as 
defined in Sec.  63.161) that are used in the manufacturing of 
cellophane.
* * * * *
    Cellulose ether process unit means all equipment associated with a 
cellulose ether process which collectively function to manufacture a 
particular cellulose ether and any associated storage vessels, liquid 
streams in open systems (as defined in Sec.  63.149), and equipment (as 
defined in Sec.  63.161 or 63.1020) that are used in the manufacturing 
of a particular cellulose ether.
    Cellulose Ethers Production source category means the collection of 
cellulose ether operations that use the cellulose ether process to 
manufacture a particular cellulose ether.
* * * * *

[[Page 46694]]

    Cellulose food casing process unit means all equipment associated 
with the viscose process which collectively function to manufacture 
cellulose food casings and any associated storage vessels, liquid 
streams in open systems (as defined in Sec.  63.149), and equipment (as 
defined in Sec.  63.161) that are used in the manufacturing of 
cellulose food casings.
* * * * *
    Cellulosic sponge process unit means all equipment associated with 
the viscose process which collectively function to manufacture 
cellulosic sponges and any associated storage vessels, liquid streams 
in open systems (as defined in Sec.  63.149), and equipment (as defined 
in Sec.  63.161) that are used in the manufacturing of cellulosic 
sponges.
* * * * *
    Miscellaneous Viscose Processes source category means the 
collection of cellulose food casing, rayon, cellulosic sponge, and 
cellophane operations that use the viscose process to manufacture a 
particular cellulose product. These cellulose products include 
cellulose food casings, rayon, cellulosic sponges, and cellophane.
* * * * *
    Process vent means a point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a HAP-containing gas 
stream from the unit operation. Process vents do not include vents with 
a flow rate less than 0.005 standard cubic meter per minute or with a 
concentration less than 50 parts per million by volume (ppmv) of HAP or 
TOC, vents on storage tanks, vents on wastewater emission sources, or 
pieces of equipment regulated under equipment leak standards.
* * * * *
    Rayon process unit means all equipment associated with the viscose 
process which collectively function to manufacture rayon and any 
associated storage vessels, liquid streams in open systems (as defined 
in Sec.  63.149), and equipment (as defined in Sec.  63.161) that are 
used in the manufacturing of rayon.
* * * * *

0
7. Table 1 is amended by revising entries 1.c.i and ii, 1.f.ii and iii, 
and 9 through 11 to read as follows:

                 Table 1 to Subpart UUUU of Part 63--Emission Limits and Work Practice Standards
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             For . . .                         at . . .                           You must . . .
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1. the sum of all viscose process    c. each existing rayon       i. reduce total uncontrolled sulfide emissions
 vents.                               operation.                   (reported as carbon disulfide) by at least
                                                                   35% within 3 years after the effective date
                                                                   based on a 6-month rolling average; for each
                                                                   vent stream that you control using a control
                                                                   device, route the vent stream through a
                                                                   closed-vent system to the control device; and
                                                                   comply with the work practice standard for
                                                                   closed-vent systems; and ii. reduce total
                                                                   uncontrolled sulfide emissions (reported as
                                                                   carbon disulfide) by at least 40% within 8
                                                                   years after the effective date based on a 6-
                                                                   month rolling average; for each vent stream
                                                                   that you control using a control device,
                                                                   route the vent stream through a closed-vent
                                                                   system to the control device; and comply with
                                                                   the work practice standard for closed-vent
                                                                   systems.
 
                                                  * * * * * * *
                                     f. each existing or new      i. * * * ii. for each vent stream that you
                                      cellophane operation.        control using a control device (except for
                                                                   retractable hoods over sulfuric acid baths at
                                                                   a cellophane operation), route the vent
                                                                   stream through a closed-vent system to the
                                                                   control device; and iii. comply with the work
                                                                   practice standard for closed-vent systems
                                                                   (except for retractable hoods over sulfuric
                                                                   acid baths at a cellophane operation).
 
                                                  * * * * * * *
9. liquid streams in open systems..  each existing or new         comply with the applicable provisions or Sec.
                                      cellulose ether operation.    63.149, except that references to ``chemical
                                                                   manufacturing process unit'' ether means
                                                                   ``cellulose ether process unit'' for the
                                                                   purposes of this subpart.
10. closed-vent system used to       each existing or new         conduct annual inspections, repair leaks, and
 route emissions to a control         affected source (except      maintain records as specified in Sec.
 device.                              for retractable hoods over   63.148.
                                      sulfuric acid baths at a
                                      cellophane operation).
11. closed-vent system containing a  a. each existing or new      (i) install, calibrate, maintain, and operate
 bypass line that could divert a      affected source (except      a flow indicator as specified in Sec.
 vent stream away from a control      for retractable hoods over   63.148(f)(1); or (ii) secure the bypass line
 device, except for equipment         sulfuric acid baths at a     valve in the closed position with a car-seal
 needed for safety purposes           cellophane operation).       or lock-and-key type configuration and
 (described in Sec.   63.148(f)(3).                                inspect the seal or closure mechanism at
                                                                   least once per month as specified in Sec.
                                                                   63.148(f)(2)).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
8. Table 2 is amended by revising entries 3 and 4 to read as follows:

[[Page 46695]]



          Table 2 to Subpart UUUU of Part 63--Operating Limits
                              * * * * * * *
------------------------------------------------------------------------
For the following control technique . .
                   .                              You must . . .
------------------------------------------------------------------------
 
                              * * * * * * *
3. water scrubber......................  maintain the daily average
                                          scrubber pressure drop and
                                          scrubber liquid flow rate
                                          within the range of values
                                          established during the
                                          compliance demonstration.
4. caustic scrubber....................  maintain the daily average
                                          scrubber pressure drop,
                                          scrubber liquid flow rate, and
                                          scrubber liquid pH,
                                          conductivity, or alkalinity
                                          within the range of values
                                          established during the
                                          compliance demonstration.
 
                              * * * * * * *
------------------------------------------------------------------------


0
9. Table 3 is amended by:
0
a. Revising the introductory statement;
0
b. Revising entries 1.a.i.(1) and (2), 1.b.i.(1) and (2), 1.c.i.(1), 
1.c.ii.(1), 1.d.i.(1), 1.e.i.(1), 1.f.i.(1), and 1.f.ii and iii;
0
c. Revising entries 2.a.i and 2.a.i.(1);
0
d. Revising entry 3.a and adding item 3.b;
0
e. Revising entry 6.a.i.(1); and
0
f. Revising entry 12.a.i.(2) to read as follows:

    Table 3 to Subpart UUUU of Part 63.--Initial Compliance With Emission Limits and Work Practice Standards
[As required in Sec.  Sec.   63.5530(a) and 63.5535(g) and (h), you must demonstrate initial compliance with the
  appropriate emission limits and work practice standards according to the requirements in the following table]
----------------------------------------------------------------------------------------------------------------
                                                                  For the following       You have demonstrated
          For . . .                      At . . .              emission limit or work    initial compliance if .
                                                               practice standard . . .             . .
----------------------------------------------------------------------------------------------------------------
1. the sum of all viscose     a. each existing cellulose      i. reduce total           (1) the average
 process vents.                food casing operation.          uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 25% based on a 6-   month-long compliance
                                                               month rolling average;    demonstration or using
                                                                                         engineering
                                                                                         assessments, are
                                                                                         reduced by at least
                                                                                         25%;
                                                                                        (2) you have a record of
                                                                                         the range of operating
                                                                                         parameter values over
                                                                                         the month-long
                                                                                         compliance
                                                                                         demonstration during
                                                                                         which the average
                                                                                         uncontrolled total
                                                                                         sulfide emissions were
                                                                                         reduced by at least
                                                                                         25%;
 
                                                  * * * * * * *
                              b. each new cellulose food      i. reduce total           (1) the average
                               casing operation.               uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 75% based on a 6-   month-long compliance
                                                               month rolling average;    demonstration or using
                                                                                         engineering
                                                                                         assessments, are
                                                                                         reduced by at least
                                                                                         75%;
                                                                                        (2) you have a record of
                                                                                         the range of operating
                                                                                         parameter values over
                                                                                         the month-long
                                                                                         compliance
                                                                                         demonstration during
                                                                                         which the average
                                                                                         uncontrolled total
                                                                                         sulfide emissions were
                                                                                         reduced by at least
                                                                                         75%;
 
                                                  * * * * * * *
                              c. each existing rayon          i. reduce total           (1) the average
                               operation.                      uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 35% within 3        month-long compliance
                                                               years after the           demonstration or using
                                                               effective date based on   engineering
                                                               a 6-month rolling         assessments, are
                                                               average; for each vent    reduced by at least 35%
                                                               stream that you control   within 3 years after
                                                               using a control device,   the effective date;
                                                               route the vent stream
                                                               through a closed-vent
                                                               system to the control
                                                               device; and comply with
                                                               the work practice
                                                               standard for closed-
                                                               vent systems; and
 
                                                  * * * * * * *
                                                              ii. reduce total          (1) the average
                                                               uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 40% within 8        month-long compliance
                                                               years after the           demonstration or using
                                                               effective date based on   engineering
                                                               a 6-month rolling         assessments, are
                                                               average; for each vent    reduced by at least 40%
                                                               stream that you control   within 8 years after
                                                               using a control device,   the effective date;
                                                               route the vent stream
                                                               through a closed-vent
                                                               system to the control
                                                               device; and comply with
                                                               the work practice
                                                               standard for closed-
                                                               vent systems.
 

[[Page 46696]]

 
                                                  * * * * * * *
                              d. each new rayon operation...  i. reduce total           (1) the average
                                                               uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 75%; based on a 6-  month-long compliance
                                                               month rolling average;    demonstration or using
                                                                                         engineering
                                                                                         assessments, are
                                                                                         reduced by at least
                                                                                         75%;
 
                                                  * * * * * * *
                              e. each existing or new         i. reduce total           (1) the average
                               cellulosic sponge operation.    uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 75% based on a 6-   month-long compliance
                                                               month rolling average;    demonstration or using
                                                                                         engineering
                                                                                         assessments, are
                                                                                         reduced by at least
                                                                                         75%;
 
                                                  * * * * * * *
                              f. each existing or new         i. reduce total           (1) the average
                               cellophane operation.           uncontrolled sulfide      uncontrolled total
                                                               emissions (reported as    sulfide emissions,
                                                               carbon disulfide) by at   determined during the
                                                               least 75% based on a 6-   month-long compliance
                                                               month rolling average;    demonstration or using
                                                               ii. for each vent         engineering
                                                               stream that you control   assessments, are
                                                               using a control device    reduced by at least
                                                               (except for retractable   75%;
                                                               hoods over sulfuric
                                                               acid baths at a
                                                               cellophane operation),
                                                               route the vent stream
                                                               through a closed-vent
                                                               system to the control
                                                               device; and iii. comply
                                                               with the work practice
                                                               standard for closed-
                                                               vent systems (except
                                                               for retractable hoods
                                                               over sulfuric acid
                                                               baths at a cellophane
                                                               operation)
 
                                                  * * * * * * *
2. the sum of all solvent     a. each existing or new         i. reduce uncontrolled    (1) the average
 coating process vents.        cellophane operation.           toluene emissions by at   uncontrolled toluene
                                                               least 95% based on a 6-   emissions, determined
                                                               month rolling average;    during the month-long
                                                                                         compliance
                                                                                         demonstration or using
                                                                                         engineering
                                                                                         assessments, are
                                                                                         reduced by at least
                                                                                         95%;
 
                                                  * * * * * * *
3. the sum of all cellulose   a. each existing or new         i. reduce total           (1) average uncontrolled
 ether process vents.          cellulose ether operation       uncontrolled organic      total organic HAP
                               using a performance test to     HAP emissions by at       emissions, measured
                               demonstrate initial             least 99%; ii. for each   during the performance
                               compliance; or.                 vent stream that you      test or determined
                                                               control using a control   using engineering
                                                               device, route the vent    estimates are reduced
                                                               stream through a closed-  by at least 99%;
                                                               vent system to the       (2) you have a record of
                                                               control device; and       the average operating
                                                               iii. comply with the      parameter values over
                                                               work practice standard    the performance test
                                                               for closed-vent           during which the
                                                               systems; or               average uncontrolled
                                                                                         total organic HAP
                                                                                         emissions were reduced
                                                                                         by at least 99%; and
                                                                                        (3) you comply with the
                                                                                         initial compliance
                                                                                         requirements for closed-
                                                                                         vent systems; or
                              b. each existing or new         i. reduce total           (1) average uncontrolled
                               cellulose ether operation       uncontrolled organic      total organic HAP
                               using a material balance        HAP emissions by at       emissions, determined
                               compliance demonstration to     least 99% based on a 6-   during the month-long
                               demonstrate initial             month rolling average;    compliance
                               compliance.                     ii. for each vent         demonstration or using
                                                               stream that you control   engineering estimates
                                                               using a control device,   are reduced by at least
                                                               route the vent stream     99%;
                                                               through a closed-vent    (2) you have a record of
                                                               system the control        the average operation
                                                               device; and iii. comply   parameter values over
                                                               with the work practice    the month-long
                                                               standard for closed-      compliance
                                                               vent systems.             demonstration during
                                                                                         which the average
                                                                                         uncontrolled total
                                                                                         organic HAP emissions
                                                                                         were reduced by at
                                                                                         least 99%;
                                                                                        (3) you prepare a
                                                                                         material balance that
                                                                                         includes the pertinent
                                                                                         data used to determine
                                                                                         the percent reduction
                                                                                         of total organic HAP
                                                                                         emissions;
                                                                                        (4) if you use extended
                                                                                         cookout to comply, you
                                                                                         measure the HAP charged
                                                                                         to the reactor, record
                                                                                         the grade of product
                                                                                         produced, and then
                                                                                         calculate reactor
                                                                                         emissions prior to
                                                                                         extended cookout by
                                                                                         taking a percentage of
                                                                                         the total HAP charged.
 

[[Page 46697]]

 
                                                  * * * * * * *
6. each toluene storage       a. each existing or new         i. reduce uncontrolled    (1) the average
 vessel.                       cellophane operation.           toluene emissions by at   uncontrolled toluene
                                                               least 95% based on a 6-   emissions, determined
                                                               month rolling average;    during the month-long
                                                                                         compliance
                                                                                         demonstration or using
                                                                                         engineering
                                                                                         assessments, are
                                                                                         reduced by at least
                                                                                         95%;
 
                                                  * * * * * * *
12. heat exchanger system     a. each existing or new         i. monitor and repair     * * * (2) if your heat
 that cools process            affected source.                the heat exchanger        exchanger system is not
 equipment or materials in                                     system according to       exempt, you identify in
 the process unit.                                             Sec.   63.104(a)          your Notification of
                                                               through (e), except       Compliance Status
                                                               that reference to         Report the HAP or other
                                                               ``chemical                representative
                                                               manufacturing process     substance that you will
                                                               unit'' mean ``cellulose   monitor, or you prepare
                                                               food casing, rayon,       and maintain a site-
                                                               cellulosic sponge,        specific plan
                                                               cellophane, or            containing the
                                                               cellulose either          information required by
                                                               process unit'' for the    Sec.   63.104(c) (1)
                                                               purposes of this          (i) through (iv) that
                                                               subpart.                  documents the
                                                                                         procedures you will use
                                                                                         to detect leaks by
                                                                                         monitoring surrogate
                                                                                         indicators of the leak.
----------------------------------------------------------------------------------------------------------------


0
10. Table 4 is amended by revising the introductory statement and 
entries 3 and 4.a.i.(2)(b) to read as follows:

                                         Table 4 to Subpart UUUU of Part 63.--Requirements for Performance Tests
      [As required in Sec.  Sec.   63.5530(b) and 63.5535(a), (b), (g)(1), and (h)(1), you must conduct performance tests, other initial compliance
          demonstrations, and CEMS performance evaluations and establish operating limits according to the requirements in the following table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                     According to the
           For . . .                         At . . .                     You must . . .                    Using . . .           following requirements
                                                                                                                                           . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
3. the sum of all solvent        a. each existing or new          i. measure toluene emissions..  (1) EPA Method 18 in appendix   (a) you must conduct
 coating process vents.           cellophane operation.                                            A to part 60 of this chapter;   testing of emissions
                                                                                                   or                              at the inlet and
                                                                                                                                   outlet of each
                                                                                                                                   control device;
                                                                                                                                  (b) you may use EPA
                                                                                                                                   Method 18 to
                                                                                                                                   determine the control
                                                                                                                                   efficiency of any
                                                                                                                                   control device for
                                                                                                                                   organic compounds;
                                                                                                                                   for a combustion
                                                                                                                                   device, you must use
                                                                                                                                   only HAP that are
                                                                                                                                   present in the inlet
                                                                                                                                   to the control device
                                                                                                                                   to characterize the
                                                                                                                                   percent reduction
                                                                                                                                   across the combustion
                                                                                                                                   device;
                                                                                                                                  (c) you must conduct
                                                                                                                                   testing of emissions
                                                                                                                                   from continuous
                                                                                                                                   solvent coating
                                                                                                                                   process vents and
                                                                                                                                   combinations of batch
                                                                                                                                   and continuous
                                                                                                                                   solvent coating
                                                                                                                                   process vents at
                                                                                                                                   normal operating
                                                                                                                                   conditions, as
                                                                                                                                   specified in Sec.
                                                                                                                                   Sec.   63.7(e)(1) and
                                                                                                                                   63.5535;
                                                                                                                                  (d) you must conduct
                                                                                                                                   testing of emissions
                                                                                                                                   from batch solvent
                                                                                                                                   coating process vents
                                                                                                                                   as specified in Sec.
                                                                                                                                    63.490(c), except
                                                                                                                                   that the emission
                                                                                                                                   reductions required
                                                                                                                                   for process vents
                                                                                                                                   under this subpart
                                                                                                                                   supersede the
                                                                                                                                   emission reductions
                                                                                                                                   required for process
                                                                                                                                   vents under subpart U
                                                                                                                                   of this part; and
                                                                                                                                  (e) you must collect
                                                                                                                                   CPMS data during the
                                                                                                                                   period of the initial
                                                                                                                                   compliance
                                                                                                                                   demonstration and
                                                                                                                                   determine the CPMS
                                                                                                                                   operating limit
                                                                                                                                   during the initial
                                                                                                                                   compliance
                                                                                                                                   demonstration; or
 

[[Page 46698]]

 
                                                                      * * * * * * *
4. the sum of all cellulose      a. each existing or new          i. measure total organic HAP    * * * (2) ASTM D6420-99         * * * (b) you may use
 either process vents.            cellulose either operation.      emissions.                                                      ASTM D6420-99
                                                                                                                                   (available for
                                                                                                                                   purchase from at
                                                                                                                                   least one of the
                                                                                                                                   following addresses:
                                                                                                                                   100 Barr Harbor
                                                                                                                                   Drive, West
                                                                                                                                   Conshohocken, PA
                                                                                                                                   19428-2959; or
                                                                                                                                   University Microfilms
                                                                                                                                   International, 300
                                                                                                                                   North Zeeb Road, Ann
                                                                                                                                   Arbor, MI 48106) as
                                                                                                                                   an alternative to EPA
                                                                                                                                   Method 18 only where:
                                                                                                                                   the target
                                                                                                                                   compound(s) are those
                                                                                                                                   listed in Section 1.1
                                                                                                                                   of ASTM D6420-99; and
                                                                                                                                   the target
                                                                                                                                   concentration is
                                                                                                                                   between 150 ppbv and
                                                                                                                                   100 ppmv; for target
                                                                                                                                   compound(s) not
                                                                                                                                   listed in Section 1.1
                                                                                                                                   of ASTM D6420-99, but
                                                                                                                                   potentially detected
                                                                                                                                   by mass spectrometry,
                                                                                                                                   the additional system
                                                                                                                                   continuing
                                                                                                                                   calibration check
                                                                                                                                   after each run, as
                                                                                                                                   detailed in Section
                                                                                                                                   10.5.3 of the ASTM
                                                                                                                                   method, must be
                                                                                                                                   followed, met,
                                                                                                                                   documented, and
                                                                                                                                   submitted with the
                                                                                                                                   data report even if
                                                                                                                                   there is no moisture
                                                                                                                                   condenser used or the
                                                                                                                                   compound is not
                                                                                                                                   considered water
                                                                                                                                   soluble; and for
                                                                                                                                   target compound(s)
                                                                                                                                   not listed in Section
                                                                                                                                   1.1 of ASTM D6420-99
                                                                                                                                   and not amenable to
                                                                                                                                   detection by mass
                                                                                                                                   spectrometry, ASTM
                                                                                                                                   D6420-99 does not
                                                                                                                                   apply; target
                                                                                                                                   concentration is
                                                                                                                                   between 150 ppbv and
                                                                                                                                   100 ppmv; for target
                                                                                                                                   compound(s).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
11. Table 5 is amended by:
0
a. Revising entries 1.a. ii. and iii;
0
b. Revising entry 3.a and adding entry 3.b;
0
c. Revising entries 5.a. i, ii, and iv; and
0
d. Revising entry 8 to read as follows:

   Table 5 to Subpart UUUU of Part 63--Continuous Compliance With Emission Limits and Work Practice Standards
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                           For the following emission     You must demonstrate
             For . . .                     At . . .          limit or work practice     continuous compliance by
                                                                 standard . . .                  . . .
----------------------------------------------------------------------------------------------------------------
1. the sum of all viscose process   a. each existing or    * * * ii. for each vent     * * *
 vents.                              new viscose process    stream that you control
                                     affected source.       using a control device
                                                            (except for retractable
                                                            hoods over sulfuric acid
                                                            baths at a cellophane
                                                            operation), route the
                                                            vent stream through a
                                                            closed-vent system to the
                                                            control device; and iii.
                                                            comply with the work
                                                            practice standard for
                                                            closed-vent systems
                                                            (except for retractable
                                                            hoods over sulfuric acid
                                                            baths at a cellophane
                                                            operation).
 
                                                  * * * * * * *
3. the sum of all cellulose either  a. each existing or    i. reduce total             (1) complying with the
 process vents.                      new cellulose ether    uncontrolled organic HAP    continuous compliance
                                     operation using a      emissions by at least       requirements for closed-
                                     performance test to    99%; ii. for each vent      vent systems; or
                                     demonstrate initial    stream that you control
                                     compliance; or         using a control device,
                                                            route the vent stream
                                                            through a closed-vent
                                                            system to the control
                                                            device; and, iii. comply
                                                            with the work practice
                                                            standard for closed-vent
                                                            systems; or
                                    b. each existing or    i. reduce total             (1) maintaining a
                                     new cellulose ether    uncontrolled organic HAP    material balance that
                                     operation using a      emissions by at least 99%   includes the pertinent
                                     material balance       based on a 6-month          data used to determine
                                     compliance             rolling average; ii. for    the percent reduction of
                                     demonstration to       each vent stream that you   total organic HAP
                                     demonstrate initial    control using a control     emissions; (2)
                                     compliance             device, route the vent      documenting the percent
                                                            stream through a closed-    reduction of total
                                                            vent system to control      organic HAP emissions
                                                            device; and iii. comply     using the pertinent data
                                                            with the work practice      from the material
                                                            standard for closed-vent    balance; (3) if using
                                                            systems.                    extended cookout to
                                                                                        comply, monitoring
                                                                                        reactor charges and
                                                                                        keeping records to show
                                                                                        that extended cookout
                                                                                        was employed; (4)
                                                                                        complying with the
                                                                                        continuous compliance
                                                                                        requirements for closed-
                                                                                        vent systems.
 

[[Page 46699]]

 
                                                  * * * * * * *
5. each carbon disulfide unloading  a. each existingor     i. reduce uncontrolled      (1) keeping a record
 and storage operation.              new viscose process    carbon disulfide            documenting the 83%
                                     affected source.       emissions by at least 83%   reduction in carbon
                                                            based on a 6-month          disulfide emissions; and
                                                            rolling average if you      (2) if venting to a
                                                            use an alternative          control device to reduce
                                                            control technique not       emissions, complying
                                                            listed in this table for    with the continuous
                                                            carbon disulfide            compliance requirements
                                                            unloading and stroage       for closed-vent systems;
                                                            operations; if using a
                                                            control device to reduce
                                                            emissions, route
                                                            emissions through a
                                                            closed-vent system to the
                                                            control device; and
                                                            comply with the work
                                                            practice standard for
                                                            closed-vent systems;
                                                           ii. reduce total            (1) maintaining a
                                                            uncontrolled sulfide        material balance that
                                                            emissions by at least       includes the pertinent
                                                            0.14% from viscose          data used to determine
                                                            process vents based on a    the percent reduction of
                                                            6-month rolling average;    total sulfide emissions;
                                                            for each vent stream that   (2) documenting the
                                                            you control using a         percent reduction of
                                                            control device, route the   total sulfide emissions
                                                            vent stream through a       using the pertinent data
                                                            closed-vent system to the   from the material
                                                            control device; and         balance; and (3)
                                                            comply with the work        complying with the
                                                            practice standard for       continuous compliance
                                                            closed-vent systems;        requirements for closed-
                                                                                        vent systems;
 
                                                  * * * * * * *
                                                           iv. install a nitrogen      (1) keeping a record
                                                            unloading system; reduce    certifying that a
                                                            total uncontrolled          nitrogen unloading
                                                            sulfide emissions by at     system is in use; (2)
                                                            least 0.045% from viscose   maintaining a material
                                                            process vents based on a    balance that includes
                                                            6-month rolling average;    the pertinent data used
                                                            for each vent stream that   to determine the percent
                                                            you control using a         reduction of total
                                                            control device, route the   sulfide emissions; (3)
                                                            vent stream through a       documenting the percent
                                                            closed-vent system to the   reduction of total
                                                            control device; and         sulfide emissions using
                                                            comply with the work        the pertinent data from
                                                            practice standard for       the material balance;
                                                            closed-vent systems         and (4) complying with
                                                                                        the continuous
                                                                                        compliance requirements
                                                                                        for closed-vent systems.
 
                                                  * * * * * * *
8. all sources of wastewater        each existing or new   applicable wastewater       complying with the
 emissions.                          cellulose either       provisions of Sec.          applicable wastewater
                                     operation.             63.105 and Sec.  Sec.       continuous compliance
                                                            63.132 through 63.140.      provisions of Sec.  Sec.
                                                                                          63.105, 63.143, and
                                                                                        63.148.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
12. Table 6 is amended by revising entries 3 and 4 to read as follows:

                Table 6 to Subpart UUUU of Part 63.--Continuous Compliance With Operating Limits
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  For the following control      For the following operating     You must demonstrate continuous compliance by .
       technique . . .                   limit . . .                                   . .
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3. water scrubber...........  maintain the daily average        collecting the scrubber pressure drop and
                               scrubber pressure drop and        scrubber liquid flow rate data according to
                               scrubber liquid flow rate         Sec.   63.5545; reducing the scrubber parameter
                               within the range of values        data to daily averages; and maintaining the
                               established during the            daily scrubber parameter values within the
                               compliance demonstration.         range of values established during the
                                                                 compliance demonstration.
4. caustic scrubber.........  maintain the daily average        collecting the scrubber pressure drop, scrubber
                               scrubber pressure drop,           liquid flow rate, and scrubber liquid pH,
                               scrubber liquid flow rate, and    conductivity, or alkalinity data according to
                               scrubber liquid pH,               Sec.   63.5545; reducing the scrubber parameter
                               conductivity, or alkalinity       data to daily averages; and maintaining the
                               within the range of values        daily scrubber parameter values within the
                               established during the            range of values established during the
                               compliance demonstration.         compliance demonstration.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 46700]]

[FR Doc. 05-15733 Filed 8-9-05; 8:45 am]
BILLING CODE 6560-50-P