National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5182-7]

RIN 2060-AC19

National Emission Standards for Hazardous Air Pollutants for

Source Categories: Organic Hazardous Air Pollutants from the Synthetic

Organic Chemical Manufacturing Industry and Other Processes Subject to

the Negotiated Regulation for Equipment Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action corrects errors and clarifies regulatory text of

the ``National Emission Standards for Hazardous Air Pollutants for

Source Categories: Organic Hazardous Air Pollutants from the Synthetic

Organic Chemical Manufacturing Industry and Other Processes Subject to

the Negotiated Regulation for Equipment Leaks,'' which was issued as a

final rule on April 22, 1994 and June 6, 1994. This rule is commonly

known as the Hazardous Organic NESHAP or the HON.

EFFECTIVE DATE: The direct final rule will be effective May 22, 1995,

unless significant, adverse comments are received by May 10, 1995. If

significant, adverse comments are timely received on any provision of

the direct final rule, that provision of the direct final rule will be

withdrawn and only those provisions on which no such adverse comments

are received will become effective on May 22, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Emission Standards

Division (MD-13), U.S. Environmental Protection Agency, Office of Air

Quality Planning and Standards, Research Triangle Park, North Carolina

27711, telephone number (919) 541-5254.

SUPPLEMENTARY INFORMATION: If significant adverse comments are timely

received on any provision of this direct final rule, all such comments

will be addressed in a subsequent final rule based on those provisions

of the proposed rule contained in the Proposed Rules Section of this

Federal Register that is identical to this direct final rule. Such

provisions will be withdrawn from the Direct Final Rule. Provisions of

the Direct Final Rule that do not receive timely significant adverse

comment will become final 40 days from today's Federal Register Notice.

If no significant adverse comments are timely filed on any provision of

this direct final rule then the entire direct final rule will become

effective 40 days from today's Federal Register notice and no further

action is contemplated on the parallel proposal published today.

On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196),

the Environmental Protection Agency (EPA) promulgated in the Federal

Register national emission standards for hazardous air pollutants

(NESHAP) for the synthetic organic chemical manufacturing industry

(SOCMI), and for several other processes subject to the equipment leaks

portion of the rule. These regulations were promulgated as subparts F,

G, H, and I in 40 CFR part 63, and are commonly referred to as the

hazardous organic NESHAP, or the HON.

This document corrects several oversights in the drafting of

subparts F, H, and I of the final regulation. Also, several definitions

are being added to subparts H and I to clarify the intent of certain

provisions in these subparts. These changes do not significantly modify

the requirements of the regulation.

I. Description of Changes

A. Compliance Dates for Emission Points at Existing Sources Affected by

Operational Changes

Subparts F and G established administrative procedures to address

operational changes that were believed likely to occur at SOCMI

facilities. These procedures specify the notification and approval

requirements for each type of change as well as the compliance date for

equipment affected by the change. When these provisions

(Sec. 63.100(l)) were drafted the need to include surge control vessels

and bottoms receivers in the list of potential changes was not

recognized. Because the nature of the equipment changes required for

control of surge control vessels and bottoms receivers is similar to

that required for compliance with subpart G, similar compliance times

need to be provided for surge control vessels and bottoms receivers.

Therefore, the provisions in paragraphs (l)(4) and (l)(4)(ii) in

Sec. 63.100 are being revised to include surge control vessels and

bottoms receivers. [[Page 18027]]

B. Startup/Shutdown/Malfunction Plan

The EPA has received numerous inquiries regarding the applicability

of the startup/shutdown/malfunction plan required by Sec. 63.6(e) of

subpart A to equipment subject to the provisions of subpart H.

Questions raised include whether the plan only applies to control

devices used to comply with the requirements of subpart H or if the

plan must also address equipment such as valves and pumps, and if so,

how would such equipment be included in the plan.

The EPA intended the startup/shutdown/malfunction plan to apply

only to control devices used to comply with subpart H. However, EPA

also thought that some owners or operators might choose to use the

startup/shutdown/malfunction plan to specify various conditions that

would justify delay of repair for equipment such as pumps or valves. To

clarify this point, table 3 of subpart F is being amended to include a

comment on how the provisions concerning startup/shutdown/malfunction

plans apply to equipment subject to subpart H. This same comment is

being added to subpart I as a new paragraph Sec. 63.192(b)(6)(ii).

C. Applicability of Subpart H Limited to Process Lines

A new paragraph is being added to the applicability section of

subpart H (Sec. 63.160) to clarify that only lines and equipment

containing process fluid are subject to this subpart. The new paragraph

merely incorporates into the rule the intent expressed in the preamble

to the proposed rule. This provision had not previously been included

in subpart H because it had been considered unnecessary. This provision

is being added now due to a number of concerns regarding clarity of

applicability of section 112(g) case-by-case review requirements to

this equipment.

D. Definitions

Two definitions are being added to subpart H and the definition for

``duct work'' in subparts G and H is being revised. A definition for

``closed-purge system'' is being added to clarify terminology in the

rule and to better express the Regulatory Negotiation Committee's

(Committee) intent regarding the requirements for sampling connection

systems. In Committee discussions on the provisions for sampling

connection systems, the Committee recognized the need to provide

compliance options that would be appropriate for a wide range of

operating conditions and processes. The Committee used the terminology

``closed-purge system'' to refer to systems where the liquid sample

purge was captured in a container and then returned to the process.

This kind of system was envisioned as being the compliance option for

processes handling heavy liquids particularly polymer processes, for

low pressure lines, and where closed-loop sampling presented safety

concerns. The terminology ``closed-loop sampling system'' was used to

refer to a system where the purged fluid is returned to the process at

a point of lower pressure. A throttle valve or other device is commonly

used to induce the pressure drop across the sample loop. These systems

can be used in higher pressure lines and with light liquids and

materials that do not polymerize upon exiting the process equipment.

The Committee included a definition for ``closed-loop system'' in

the rule to distinguish it from ``closed-purge system''. A definition

for ``closed purge system'' was not included because it was thought

that the meaning would be understood from the terminology alone and the

definition of ``closed-loop system''. Due to numerous questions

regarding the meaning of this term and how it differs from ``closed-

loop system'', EPA believes that it is necessary to add a definition to

clarify intent.

A definition for ``pressure relief device or valve'' is being added

because EPA has received inquiries from industry as well as from State

agencies regarding the applicability of the provisions of Sec. 63.165

to atmospheric storage vessels. Pressure/vacuum vents on atmospheric

storage vessels are typically actuated when the vessel is filled or

emptied and due to pressure changes resulting from diurnal temperature

changes. The provisions of Sec. 63.165 were never intended to apply to

these cases and are not appropriate for these vessels. The provisions

of Sec. 63.165 were designed to ensure that pressure relief devices on

process lines properly reseat after relieving a system overpressure.

Pressure relief devices are safety devices commonly used to prevent

operating pressures from exceeding the maximum allowable working

pressure of the process equipment. These pressure relief devices do not

open under vacuum. The added definition for ``pressure relief device or

valve'' is based on the type of equipment that EPA intended to regulate

and considered in the development of the equipment leak standards

(e.g., subparts VV, GGG, and KKK of 40 CFR part 60) as well as industry

practice. The definition also explicitly excludes vacuum actuated

devices as well as low pressure actuated relief devices. The 2.5 pounds

per square inch gauge (psig) set pressure specified in the definition

is based on the American Petroleum Institute (API) pressure rating for

atmospheric pressure tanks. Operation at higher pressures or vacuums

may cause damage to the tank.

The EPA is revising the definition of ``duct work'' in order to

more specifically designate the intended equipment. The term ``duct

work'' is presently defined in the rule as ``a conveyance system that

does not meet the definition of hard piping.'' The EPA recognizes that

this definition is too broad and can be misconstrued as applying to

tank trucks, rail cars, or anything that conveys that is not hard

piping. The term ``duct work'' was intended to designate systems for

conveyance of gases like those commonly used for heating and

ventilation systems. These systems are commonly constructed of sheet

metal and have sections connected by screws or crimping. The revised

definition uses this description to more specifically identify the

types of systems EPA considers more likely to develop leaks and thus

identify those systems where annual inspection with an instrument that

meets the specifications of Method 21 is appropriate.

The definition for ``Research and Development Facility'' was

inadvertently omitted from subpart I when the applicability provisions

for the non-SOCMI processes was separated from those for the SOCMI

processes. The definition for ``Research and Development Facility'' in

Sec. 63.101 of subpart F is being added to Sec. 63.191 of subpart I to

correct this oversight.

E. Miscellaneous Changes

Paragraph (b) of 63.160 is being revised to clarify that this

override of existing equipment leak rules only applies after the source

must comply with subpart H. The EPA has recently learned that some

people have interpreted the rule to allow suspension of compliance with

applicable part 60 or 61 equipment leak rules even though the subpart H

compliance date had not occurred yet. The Committee's intent with this

provision was to avoid duplication of effort. Owing to the confusion

surrounding the present language, EPA is correcting the drafting of

this paragraph.

Paragraph (a) of Sec. 63.169 of subpart H is revised to clarify

that there must be potential for discharge to the atmosphere before

repair is required. It is necessary to clarify this point because there

are processes where pressure relief [[Page 18028]] devices discharge

into a lower pressure section of the process and there are no emissions

to the atmosphere. The EPA is clarifying the language in Sec. 63.169(a)

to avoid unnecessary repair actions and recordkeeping. This

clarification does not alter the requirement for documentation of

proper reseating of pressure relief devices or valves that vent to the

atmosphere.

The EPA is also correcting paragraph (b) of Sec. 63.169 by adding

the leak definition for pumps in polymerizing monomer service. Section

63.169(b) presently defines a leak for pumps in heavy liquid service as

2,000 parts per million (ppm) regardless of the material handled. The

EPA believes that use of the 2,000 ppm leak definition for all pumps in

heavy liquid service was a drafting oversight since it was the

Committee's judgment in establishing the standard for pumps in light

liquid service that 5,000 ppm represented best performance

(Sec. 63.163(b)(2)(iii)) for pumps handling polymerizing monomers.

The recordkeeping requirement for owners or operators who elect to

adjust monitoring frequency by time in use was inadvertently included

with the recordkeeping requirements for pressure testing of equipment

(Sec. 63.181(e)(2)). This requirement is only relevant for those batch

processes for which the owner or operator elects compliance using the

leak detection and repair program in Sec. 63.178(c). Most of the

recordkeeping requirements for Sec. 63.178(c) are presented in

Sec. 63.181(b)(9). Therefore, paragraph (e)(2) is being redesignated as

paragraph (b)(9)(ii). Section 63.181(e)(2) is being reserved to avoid

renumbering the rest of paragraph (e).

The EPA has recently received several inquiries regarding the time

period to be covered in the first semiannual report. The concern is

that Sec. 63.182(d)(1) appears to require the periodic report to

include a summary of the monitoring information for the period on the

day that the report is due. Thus, the owners and operators of sources

subject to subpart H would have no time to compile, analyze, and

organize the raw data for the report. The EPA intended to provide

owners and operators of sources subject to subpart H 90 days to

compile, analyze, and organize data for the periodic reports. The

present wording of Sec. 63.182(d)(1) does not clearly communicate that

intent. Therefore, Sec. 63.182(d)(1) is being amended by adding two

sentences to specify that the first periodic report shall cover the

first 6-month period from the compliance date and that each subsequent

report would cover the 6-month period from the last report.

The EPA has also recently determined that a reporting requirement

that was intended for screwed connectors subject to Sec. 63.174(c) was

inadvertently retained in the final rule. During consideration of

public comments on the proposed rule, EPA had decided to remove the

requirements for separate recordkeeping and reporting for screwed

connectors in order to reduce the burden of the rule. Due to an

oversight Secs. 63.182(d)(2) (x) and (xii) were not removed as

intended. The EPA is, therefore, correcting this oversight by removing

Secs. 63.182(d)(2) (x) and (xii). These paragraphs are being reserved

to avoid renumbering the paragraph.

II. Judicial Review

Under section 307(b)(1) of the Clean Air Act (CAA), judicial review

of the actions taken by this final rule is available only on the filing

of a petition for review in the U.S. Court of Appeals for the District

of Columbia Circuit within 60 days of today's publication of this

action. Under section 307(b)(2) of the CAA, the requirements that are

subject to today's notice may not be challenged later in civil or

criminal proceedings brought by EPA to enforce these requirements.

III. Administrative

A. Paperwork Reduction Act

The information collection requirements of the previously

promulgated NESHAP were submitted to and approved by the Office of

Management and Budget (OMB). A copy of this Information Collection

Request (ICR) document (OMB control number 1414.02) may be obtained

from Sandy Farmer, Information Policy Branch (PM-223Y); U.S.

Environmental Protection Agency; 401 M Street, SW; Washington, DC 20460

or by calling (202) 260-2740.

Today's changes to the NESHAP should have no impact on the

information collection burden estimates made previously. The changes

consist of new definitions and clarifications of requirements; not

additional requirements. Consequently, the ICR has not been revised.

B. Executive Order 12866 Review

The HON rule promulgated on April 22, 1994 was considered

``significant'' under Executive Order 12866 and a regulatory impact

analysis (RIA) was prepared. The amendments issued today clarify the

rule and do not add any additional control requirements. The EPA

believes that these amendments would have a negligible impact on the

results of the RIA and the change is considered to be within the

uncertainty of the analysis.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 requires the identification

of potentially adverse impacts of Federal regulations upon small

business entities. The Act specifically requires the completion of a

Regulatory Flexibility Analysis in those instances where small business

impacts are possible. Because this rulemaking imposes no adverse

economic impacts, a Regulatory Flexibility Analysis has not been

prepared.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: March 28, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I, part

63 subparts F, H, and I of the Code of Federal Regulations are

corrected as follows:

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

Authority: sections 101, 112, 114, 116, and 301 of the Clean Air

Act (42 U.S.C. 7401, et seq., as amended by Pub. L. 101-549, 104

Stat. 2399).

Subpart F--National Emission Standards for Organic Hazardous Air

Pollutants from the Synthetic Organic Chemical Manufacturing

Industry

2. Section 63.100 is corrected by revising the first sentence of

paragraph (l)(4) introductory text and by revising paragraph

(l)(4)(ii)(B) to read as follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(l) * * *

(4) If an additional chemical manufacturing process unit is added

to a plant site, or if an emission point is added to an existing

chemical manufacturing process unit, or if another deliberate

operational process change creating an additional Group 1 emission

point(s) is made to an existing chemical manufacturing process unit, or

if a surge control vessel or bottoms receiver becomes subject to

Sec. 63.170 of subpart H, or if a compressor becomes subject to

Sec. 63.164 of subpart H, and if the addition or change is not subject

to the new source requirements as determined according to paragraphs

(l)(1) or (l)(2) of this section, the [[Page 18029]] requirements in

paragraphs (l)(4)(i) through (l)(4)(iii) of this section shall apply. *

* *

(ii) * * *

(B) If a deliberate operational process change to an existing

chemical manufacturing process unit causes a Group 2 emission point to

become a Group 1 emission point, if a surge control vessel or bottoms

receiver becomes subject to Sec. 63.170 of subpart H, or if a

compressor becomes subject to Sec. 63.164 of subpart H, the owner or

operator shall be in compliance upon initial start-up or by 3 years

after April 22, 1994, whichever is later, unless the owner or operator

demonstrates to the Administrator that achieving compliance will take

longer than making the change. If this demonstration is made to the

Administrator's satisfaction, the owner or operator shall follow the

procedures in paragraphs (m)(1) through (m)(3) of this section to

establish a compliance date.

* * * * *

Table 3 of Subpart F--[Amended]

3. In Table 3 of subpart F, is the entry for ``63.6(e)'' is amended

by adding two sentences in the ``Comment'' column to read as follows:

Table 3 to Subpart F--General Provisions Applicability to Subpart F, G

and H

* * * * *

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

Applies to Subparts

Reference F, G, and H Comment

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

* * * *

* * *

63.6(e)............. Yes................. * * * For subpart H, the

startup, shutdown, and

malfunction plan

requirement of Sec.

63.6(e)(3) is limited to

control devices subject to

the provisions of subpart H

and is optional for other

equipment subject to

subpart H. The startup,

shutdown, and malfunction

plan may include written

procedures that identify

conditions that justify a

delay of repair.

* * * *

* * *

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

Subpart G--National Emission Standards for Organic Hazardous Air

Pollutants from Synthetic Organic Chemical Manufacturing Industry

Process Vents, Storage Vessels, Transfer Operations, and Wastewater

4. Section 63.111 is amended by revising the definition for ``duct

work'' to read as follows:

Sec. 63.110 Definitions.

* * * * *

Duct work means a conveyance system such as those commonly used for

heating and ventilation systems. It is often made of sheet metal and

often has sections connected by screws or crimping. Hard-piping is not

ductwork.

* * * * *

Subpart H--National Emission Standards for Organic Hazardous Air

Pollutants for Equipment Leaks.

5. Section 63.160 is amended by removing paragraph (d),

redesignating paragraph (c) as paragraph (d); by revising paragraph

(b); by adding and reserving a new paragraph (c), and by adding a new

paragraph (e) to read as follows:

Sec. 63.160 Applicability and designation of source.

* * * * *

(b) After the compliance date for a process unit, equipment to

which this subpart applies that are also subject to the provisions of:

(1) 40 CFR part 60 will be required to comply only with the

provisions of this subpart.

(2) 40 CFR part 61 will be required to comply only with the

provisions of this subpart.

* * * * *

(e) Except as provided in any subpart that references this subpart,

lines and equipment not containing process fluids are not subject to

the provisions of this subpart. Utilities, and other non-process lines,

such as heating and cooling systems which do not combine their

materials with those in the processes they serve, are not considered to

be part of a process unit.

* * * * *

6. Section 63.161 is amended by adding in alphabetical order

definitions for ``closed-purge system'' and ``pressure relief device''

and by revising the definition for ``duct work'' to read as follows:

* * * * *

Sec. 63.161 Definitions.

* * * * *

Closed-purge system means a system or combination of system and

portable containers, to capture purged liquids. Containers must be

covered or closed when not being filled or emptied.

* * * * *

Duct work means a conveyance system such as those commonly used for

heating and ventilation systems. It is often made of sheet metal and

often has sections connected by screws or crimping. Hard-piping is not

ductwork.

* * * * *

Pressure relief device or valve means a safety device used to

prevent operating pressures from exceeding the maximum allowable

working pressure of the process equipment. A common pressure relief

device is a spring-loaded pressure relief valve. Devices that are

actuated either by a pressure of less than or equal to 2.5 psig or by a

vacuum are not pressure relief devices.

* * * * *

7. Section 63.169 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 63.169 Standards: Pumps, valves, connectors, and agitators in

heavy liquid service; instrumentation systems; and pressure relief

devices in liquid service.

(a) Pumps, valves, connectors, and agitators in heavy liquid

service, pressure relief devices in light liquid or heavy liquid

service, and instrumentation systems shall be monitored within 5

calendar days by the method specified in Sec. 63.180(b) of this subpart

if evidence of a potential leak to the atmosphere is found by visual,

audible, olfactory, or any other detection method. If such a potential

leak is repaired as required in paragraphs (c) and (d) of this section,

it is not necessary to monitor the system for leaks by the method

specified in Sec. 63.180(b) of this subpart.

(b) If an instrument reading of 10,000 parts per million or greater

for agitators, 5,000 parts per million or greater for

[[Page 18030]] pumps handling polymerizing monomers, 2,000 parts per

million or greater for pumps in food/medical service or pumps subject

to Sec. 63.163(b)(iii)(C), or 500 parts per million or greater for

valves, connectors, instrumentation systems, and pressure relief

devices is measured, a leak is detected.

* * * * *

8. Section 63.181 is amended by redesignating paragraph (b)(9) as

paragraph (b)(9)(i), by redesignating paragraph (e)(2) as paragraph

(b)(9)(ii), and by reserving paragraph (e)(2).

Sec. 63.181 Recordkeeping requirements.

9. Section 63.182 is amended by adding two sentences to paragraph

(d)(1) and by removing and reserving paragraphs (d)(2)(x) and (xii) to

read as follows:

Sec. 63.182 Reporting requirements.

* * * * *

(d) * * *

(1) * * * The first periodic report shall cover the first 6 months

after the compliance date specified in Sec. 63.100(k)(3) of subpart F.

Each subsequent periodic report shall cover the 6 month period

following the preceding period.

* * * * *

Subpart I--National Emission Standards for Organic Hazardous Air

Pollutants for Certain Processes Subject to the Negotiated

Regulation for Equipment Leaks.

10. Section 63.191 is amended by adding in alphbertical order a

definition for ``research and development facility'' to paragraph (b)

to read as follows:

Sec. 63.191 Definitions.

(b) * * *

Research and development facility means laboratory and pilot plant

operations whose primary purpose is to conduct research and development

into new processes and products, where the operations are under the

close supervision of technically trained personnel, and is not engaged

in the manufacture of products except in a deminimis manner.

* * * * *

11. Section 63.192 is amended by redesignating paragraph (b)(6) as

paragraph (b)(6)(i) and adding paragraph (b)(6)(ii) to read as follows:

Sec. 63.192 Standard.

* * * * *

(b) * * *

(6)(i) * * *

(ii) The operational and maintenance requirements of Sec. 63.6(e).

The startup, shutdown, and malfunction plan requirement of

Sec. 63.6(e)(3) is limited to control devices subject to the provisions

of subpart H of part 63 and is optional for other equipment subject to

subpart H. The startup, shutdown, and malfunction plan may include

written procedures that identify conditions that justify a delay of

repair.

* * * * *

[FR Doc. 95-8198 Filed 4-7-95; 8:45 am]

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