Standards of Performance for New Stationary Sources: Volatile Organic Compound Emissions From the Synthetic Organic Chemical Manufacturing Industry Wastewater

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-5308-9]

Standards of Performance for New Stationary Sources: Volatile

Organic Compound Emissions From the Synthetic Organic Chemical

Manufacturing Industry Wastewater

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice to proposed rule.

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

SUMMARY: Today's proposal clarifies the application of the proposed new

source performance standards (NSPS) for volatile organic compound (VOC)

emissions from the synthetic organic chemical manufacturing industry

(SOCMI) wastewater sources to modifications of existing SOCMI process

units. The SOCMI wastewater NSPS were proposed on September 12, 1994

(59 FR 46780) under authority of Section 111 of the Clean Air Act,

based on the Administrator's determination that VOC emissions from

SOCMI wastewater operations cause, or contribute significantly to, air

pollution that may reasonably be anticipated to endanger public health

or welfare.

DATES: Comments on today's proposal must be received on or before

November 13, 1995.

ADDRESSES: Interested parties may submit written comments regarding the

amendments to the proposed rule (in duplicate if possible) to: Air and

Radiation Docket and Information Center (6102), Attention, Docket No.

A-94-32, U. S. Environmental Protection Agency, 401 M Street, SW,

Washington, DC 20460. The EPA requests that a separate copy also be

sent to Robert Lucas at the address listed below.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Lucas at telephone (919)

541-0884, Emission Standards Division (MD-13), Office of Air Quality

Planning and Standards, U. S. Environmental Protection Agency, Research

Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: The amendments to the proposed regulatory

text are not included in this Federal Register document, but are

available in Docket No. A-94-32 or by request from the Air Docket (see

Addresses). This notice, the proposed regulatory text, the amendments

to the proposed rule, and background information document are also

available on the Technology Transfer Network (TTN), one of the EPA's

electronic bulletin boards developed and operated by the Office of Air

Quality Planning and Standards. The TTN provides information and

technology exchange in various areas of air pollution control. The

service is free, except for the cost of a phone call. Dial (919) 541-

5742 for up to a 14,400 bits per second (bps) modem. If more

information on the TTN is needed, call the HELP line at (919) 541-5384.

I. Background

On September 12, 1994, the EPA proposed standards to limit VOC

emissions from SOCMI wastewater. The proposed standards would regulate

VOC emissions from wastewater generated by SOCMI process units and are

limited to emission points in the associated process unit's wastewater

collection and treatment system. The standards would require all new,

modified, and reconstructed SOCMI process units to control wastewater

emissions to the level achievable by the best demonstrated system of

continuous emission reduction, considering costs, nonair quality

health, and environmental and energy impacts. In addition to requiring

end-of-pipe and add-on controls, the standards would also control VOC

wastewater emissions by eliminating or reducing the formation of these

pollutants.

Today's proposal clarifies how the SOCMI wastewater NSPS applies to

modifications of existing SOCMI process units in response to concerns

raised by representatives of the chemical manufacturing industry. The

EPA is addressing some of the industry's concerns at this time, because

modifications of SOCMI process units that generate wastewater that were

modified after September 12, 1994, will be subject to the final NSPS.

Additional issues raised by comments to the September 12, 1994 proposed

rule will be addressed at the time that the final rule is promulgated.

II. Modification of Existing Process Units

a. Increased Emissions From Non-Wastewater Sources

Today's proposal clarifies that physical and operational changes to

SOCMI process units that result in increased emissions from non-

wastewater sources do not subject a process unit to the SOCMI

wastewater NSPS. Under the existing regulatory framework any physical

or operational change to a SOCMI process unit that results in an

increase in emissions from any emission source within a process unit--

irrespective of whether the increased emissions are from wastewater

sources--could be considered to be a modification within the meaning of

section 111 of the Act, 42 U.S.C. Sec. 7411.1 Accordingly, a

physical or operational change to a SOCMI process unit that results in

increased emissions from sources other than wastewater would subject an

existing SOCMI process unit (that was

[[Page 52890]]

modified after the SOCMI wastewater NSPS was proposed) to the

NSPS.2

\1\The NSPS general provisions that address modifications

provide that ``. . . any physical or operational change to an

existing facility which results in an increase in the emission rate

to the atmosphere of any pollutant to which a standard applies shall

be considered a modification within the meaning of section 111 of

the Act. Upon modification, an existing facility shall become an

affected facility for each pollutant to which a standard applies and

for which there is an increase in the emission rate to the

atmosphere.'' (emphasis added)(40 CFR Sec. 60.14(a))

\2\Section 60.770 of the proposed SOCMI wastewater NSPS (59 FR

46780, September 12, 1994) defines an ``affected facility'' that

must comply with the NSPS to be ``. . . a process unit that

generates a wastewater and produces one or more of the chemicals

listed in Sec. 60.788 of this subpart as a product, co-product, by-

product, or intermediate for which construction, modification, or

reconstruction of the process unit commenced after September 12,

1994.''

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

Today's proposal, therefore, adds section 60.787(a) to the SOCMI

wastewater NSPS to make it clear that the rule applies only to

emissions from wastewater sources, not to emissions from other, non-

wastewater sources. The new provision provides that to be considered a

modification within the meaning of section 111 of the Act the increase

of emissions to the atmosphere brought about by any physical or

operational change to an existing facility (i.e., process unit) must be

an increase in emissions from wastewater generated by the process unit.

Physical and operational changes that result in an increase in

emissions from other emissions sources within the process unit such as

process vents or equipment leaks not related to the collection and/or

treatment of wastewater will not be considered a modification under the

provisions of the SOCMI wastewater NSPS.

Section 60.787 is amended by revising the section title to

``Modification and Reconstruction'', adding a new paragraph (a), and

reformatting the original paragraph (a) to now be paragraph (b).

The new Sec. 60.787(a) states that ``For the purposes of this

subpart, any physical or operational change to an existing process unit

that results in an increase in the emission rate to the atmosphere of

VOC shall be considered a modification within the meaning of section

111 of the Act, 42 U.S.C. Sec. 7411, to the extent that an increase in

emissions is from wastewater generated by the process unit. Physical

and operational changes that result in an increase in emissions from

other emission sources within the process unit, such as process vents

or equipment leaks, not associated with or related to the collection,

storage, and/or treatment of wastewater shall not be considered a

modification under this subpart. [Note: Sources of VOC emissions

associated with wastewater collection, storage, and treatment systems

include but are not limited to individual drain systems, manholes,

junction boxes, lift stations, trenches, sumps, weirs, oil-water

separators, equalization or neutralization basins, clarifiers, aeration

basins, storage and treatment tanks, surface impoundments, and

containers.]''

b. Compliance Schedule

Today's proposal would also allow the owner or operator of a SOCMI

process unit more time to comply with the SOCMI wastewater NSPS, if the

modification of a process unit requires major capital improvements to

the wastewater collection and treatment system. The NSPS general

provisions at 40 CFR 60.14(g) require that modified sources comply with

the NSPS within 180 days of completion of the physical or operational

change that results in increased emissions. Compliance with the

proposed standards for wastewater equipment and control devices,

however, will in some cases require large capital projects, such as the

excavation of underground sewer pipes, that may take longer than 180

days to complete.

Today's proposal, therefore, adds section 60.770(e) to the SOCMI

wastewater NSPS to allow up to three years, if warranted, to complete

capital improvements to wastewater collection and treatment systems

necessary to comply with the SOCMI wastewater NSPS as a result of the

modification of a process unit. To obtain an extension to the 180 day

compliance deadline in 40 CFR Sec. 60.14(g), the owner or operator of

an affected facility would be required to submit a compliance schedule

and a justification for the schedule to the Administrator for approval.

Today's proposal also adds section 60.770(d) to clarify that extensions

of time to comply with the NSPS would be limited to situations

involving the modification of a process unit; affected facilities for

which construction or reconstruction is commenced after September 12,

1994 would continue to be required to be in compliance with the NSPS

upon the initial start-up of the affected facility.

Section 60.770 is amended by revising the section title to

``Applicability, designation of affected facility, and compliance

schedule,'' and by adding new paragraphs (d) and (e).

The new Sec. 60.770(d) states that ``the owner or operator of an

affected facility for which construction or reconstruction is commenced

after September 12, 1994 (the proposal date), shall be in compliance

with the provisions of this subpart upon initial start-up of the

affected facility.''

The new Sec. 60.770(e) requires that ``the owner or operator of an

existing facility that becomes an affected facility under this subpart

as a result of a modification, within the meaning of section 111 of the

Clean Air Act, 42 U.S.C. Sec. 7411, and as specified in Sec. 60.787(a)

of this subpart, shall be in compliance with applicable requirements of

this subpart within 180 days of the completion of any physical or

operational change as provided in Sec. 60.14(g) of this part, unless

the Administrator approves, upon the submission of a compliance

schedule and a justification for the schedule, additional time up to a

maximum of three years from the completion of the physical or

operational change to comply with the applicable requirements of this

subpart.''

List of Subjects in 40 CFR Part 60

Environmental protection, Air pollution control, Reporting and

recordkeeping requirements, Volatile organic compounds.

Statutory Authority: The statutory authority for this proposed

amendment is provided by sections 101, 111, 114, 116, and 301 of the

Clean Air Act, as amended; 42. U.S.C., 7401, 7411, 7414, and 7601.

Dated: September 25, 1995.

Richard Wilson,

Acting Assistant Administrator.

[FR Doc. 95-25182 Filed 10-10-95; 8:45 am]

BILLING CODE 6560-50-P