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; Rule Clarifications

SUMMARY: On April 22, 1994 and June 6, 1994, the EPA issued 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. This rule is commonly known

as the Hazardous Organic NESHAP or the HON. In June 1994, petitions for

review of the April 1994 rule were filed in the U.S. Court of Appeals

for the District of Columbia Circuit. The petitioners raised over 75

technical issues and concerns with drafting clarity of the rule. On

August 26, 1996, the EPA proposed correcting amendments to the rule to

address the petitioners' issues. Among the proposed amendments were

proposed revisions that would eliminate the need for filing some

implementation plans that would otherwise be due December 31, 1996, and

would allow the filing of requests for compliance extensions up to four

months before the April 1997 compliance date. Today's action takes

final action on those proposed amendments.

These amendments to the rule will not change the basic control

requirements of the rule or the level of health protection it provides.

The rule requires new and existing major sources to control emissions

of hazardous air pollutants (HAP) to the level reflecting application

of the maximum achievable control technology. Final action on the rest

of the amendments proposed on August 26, 1996 will be taken in a

separate Federal Register document at a later date.

EFFECTIVE DATE: December 5, 1996.

FOR FURTHER INFORMATION CONTACT: For general questions, contact Dr.

Janet S. Meyer; Coatings and Consumer Products Group; (919) 541-5254 or

Mary Tom Kissell; Waste and Chemical Processes Group; (919) 541-4516.

The mailing address for the contacts is Emission Standards Division

(MD-13); U.S. Environmental Protection Agency; Research Triangle Park,

North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities and Background Information

A. Regulated Entities

The regulated category and entities affected by this action

include:

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

Category Examples of regulated entities

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Industry............................... Synthetic organic chemical

manufacturing industry (SOCMI)

units, e.g., producers of

benzene, toluene, or any other

chemical listed in Table 1 of

40 CFR Part 63, subpart F.

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

This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be interested in the

revisions to the regulation affected by this action. Entities

potentially regulated by the HON are those which produce as primary

intended products any of the chemicals listed in Table 1 of 40 CFR Part

63, subpart F and are located at facilities that are major sources as

defined in Section 112 of the Clean Air Act (CAA). To determine whether

your facility is regulated by this action, you should carefully examine

all of the applicability criteria in 40 CFR Section 63.100. 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.

B. Background on Rule

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

EPA published in the Federal Register the NESHAP for the 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. Since the April 22, 1994 notice, there have been

several amendments to clarify various aspects of the rule. Readers

should see the following Federal Register notices for more information:

September 20, 1994 (59 FR 48175); October 24, 1994 (59 FR 53359);

October 28, 1994 (59 FR 54131); January 27, 1995 (60 FR 5321); April

10, 1995 (60 FR 18020); April 10, 1995 (60 FR 18026); December 12, 1995

(60 FR 63624); February 29, 1996 (61 FR 7716); June 20, 1996 (61 FR

31435); and August 26, 1996 (61 FR 43698).

In June 1994, the Chemical Manufacturers Association (CMA) and Dow

Chemical Company filed petitions for review of the promulgated rule in

the U.S. Court of Appeals for the District of Columbia Circuit,

Chemical Manufacturers Association v. EPA, 94-1463 and 94-1464 (D.C.

Cir.) and Dow Chemical Company v. EPA, 94-1465 (D.C. Cir.). The

petitioners raised over 75 technical issues on the rule's structure and

applicability. Issues were raised regarding details of the technical

requirements, drafting clarity, and structural errors in the drafting

of certain sections of the rule. On August 26, 1996, the EPA proposed

clarifying and correcting amendments to subparts F, G, H, and I of Part

63 to address the issues raised by CMA and Dow on the April 1994 rule.

In the August 26, 1996 notice, the EPA committed to taking final

action on some portions of the proposed amendments to the rule as soon

as possible after the close of the comment period in order to give

sources as much lead time as possible. The comment period on the August

26, 1996 proposal ended on September 25, 1996. With today's action, the

EPA is taking final action on those portions of the proposed amendments

that would eliminate the need for filing some implementation plans that

would otherwise be due December 31, 1996, and would allow the filing of

requests for compliance extensions up to four months before the April

1997 compliance date.

C. Public Comment on the August 26, 1996 Proposal

Eighteen comment letters were received on the August 26, 1996

notice of proposed changes to the rule. All comment letters received

were from industry representatives and trade associations. All comment

letters were supportive of the proposed amendments pertaining to the

requirements for implementation plans and to the deadline for filing of

compliance extension requests. A few of these comment letters also

included suggested editorial revisions to further clarify some aspects

of these proposed amendments. The EPA considered these suggestions and,

where appropriate, made changes to the proposed amendments.

D. Judicial Review

Under Section 307(b)(1) of the CAA, judicial review of this final

action is available only on the filing of a petition

[[Page 64573]]

for review in the U.S. Court of Appeals for the District of Columbia

Circuit within 60 days of today's publication of this final rule. 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 the EPA to enforce these requirements.

II. Summary of Comments and Amendments to the Rule

A. Rule Changes To Eliminate the Need for Filing Implementation Plans

1. Rule Changes To Remove Requirement for Filing Implementation Plans

On August 26, 1996 the EPA proposed to remove the requirement for

submittal of implementation plans for existing sources' emission points

that are not included in an emissions average. Under the 1994 final

rule, owners or operators who have not yet submitted an operating

permit application with the information specified in Sec. 63.152(e)

were required to submit by December 31, 1996, an implementation plan

for all points not included in an emissions average. The proposed

amendments to the rule to eliminate this requirement specified that

this information would be provided in an operating permit application

or as otherwise specified by the permitting authority.

All comments on the proposed amendments supported the proposal to

remove the redundant reporting requirement. Commenters also recommended

that Sec. 63.151(a)(2) should be revised to clarify that new sources

are required to submit an implementation plan unless an operating

permit application containing the information specified in

Sec. 63.152(e) has been submitted. This correction was recommended in

order to make this paragraph consistent with Sec. 63.151(c) and thereby

eliminate the potential for misunderstandings. The EPA agrees that the

suggested correction of Sec. 63.151(a)(2) is appropriate and this

correction is included in the final amendments to this paragraph. No

editorial revisions were suggested for any of the other paragraphs

affected by this change to the rule.

Although no public comments were received requesting revisions to

other paragraphs affected by this group of amendments, the EPA has also

corrected drafting errors in proposed Sec. 63.120(d)(2) and

Sec. 63.151(c). In today's amendments, in addition to revising

Sec. 63.120(d)(2) to remove the reference to the Implementation Plan,

the EPA is revising Sec. 63.120(d)(2) to specify that the monitoring

plan for storage vessels complying using a control device must be

submitted as part of the Notification of Compliance Status. The rule

amendments proposed on August 26, 1996, required that the monitoring

plan be submitted, but did not specify when the monitoring plan had to

be submitted. The need to specify a submittal date was inadvertently

overlooked when the revisions to remove the implementation plan

requirement were considered. Because the monitoring plan specifies the

compliance monitoring requirements for storage vessels complying using

a control device, the EPA considers the Notification of Compliance

Status to be the most appropriate report for this information. This

correction also makes paragraph Sec. 63.120(d)(2) consistent with

paragraph Sec. 63.120(d)(3) which requires that the operating range for

the monitored parameter be reported in the Notification of Compliance

Status. The EPA also made minor editorial revisions to Sec. 63.151(c)

to improve the organization of this paragraph. The specific changes

made were to remove redundant text in paragraph (c)(1) and to

redesignate paragraph (c)(1)(i) as (c)(1). Under this reorganized

structure, paragraph (c)(1)(ii) is no longer reserved.

The other proposed changes to remove the requirement to file an

implementation plan are being added to the final rule without change.

Today's amendments revise all provisions that require filing of

implementation plans by December 31, 1996. Some provisions in

Secs. 63.143, 63.146, and 63.147 still refer to the implementation

plan. These sections are part of the wastewater provisions in subpart G

which the EPA anticipates will be final no later than December 31,

1996.

2. Associated Changes to Rule, Sec. 63.100(i)

In the August notice, the EPA proposed to revise paragraph (i) to

include provisions to address the assignment of dedicated distillation

units and clarify that the assignment procedure in this paragraph

applies to distillation units shared among several processes. Revisions

were also proposed to paragraph (i) to clarify the wording of the

requirement to reassess the assignment of the equipment whenever there

is a change in the use of the equipment.

Today's amendments include these clarifying changes to

Sec. 63.100(i). These changes are being made at this time because it is

not practical to remove the requirement for submittal of implementation

plans from these provisions without also finalizing these changes.

Furthermore, there were no adverse or editorial comments on the

proposed revisions to paragraph (i). Thus, the proposed changes to

paragraph (i) are being added to the final rule without change.

B. Timing of Compliance Extension Requests

The April 22, 1994 rule required that requests for compliance

extensions be submitted one year prior to the otherwise applicable

compliance date. In the August 26, 1996 Federal Register, the EPA

proposed to revise this requirement, which is in Sec. 63.151(a)(6)(i),

to allow submittal of requests up to 120 days prior to the compliance

date. The EPA also proposed to add a new paragraph (iv) to

Sec. 63.151(a)(6) that would allow requests during the last 120 days

before the compliance date if the need arose during that 120 days and

if the need was due to circumstances beyond the reasonable control of

the owner or operator. All comments were supportive of these proposed

amendments and of the rationale for these changes. None of the comments

included recommendations for editorial changes to clarify these

provisions. Thus, the proposed amendments are being added to the rule

without change.

One commenter did, however, encourage the EPA to refrain from

taking enforcement actions against applicants during the EPA's review

of the requested compliance extension. While the rule is silent on this

issue, the EPA will bear the commenter's concern in mind in reviewing

such applications. It is generally not the EPA's practice to take

enforcement action against a source that has timely filed an extension

request until the request has been acted on negatively.

C. Correction to Sec. 63.106(a)

In the August notice, the EPA proposed to correct the delegation of

authority citation in Sec. 63.106(a) to reference Section 112(l), not

Section 112(d), of the CAA. No comments were received on this proposed

change. Thus, the proposed change to Sec. 63.106(a) is being added to

the final rule without change.

III. Administrative Requirements

A. Paperwork Reduction Act

The Office of Management and Budget (OMB) has approved the

information collection requirements contained in the rule the

Provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and

has assigned OMB control number 2060-0282. An Information Collection

[[Page 64574]]

Request (ICR) document was prepared by EPA (ICR No. 1414.02) and a copy

may be obtained from Sandy Farmer, OPPE Regulatory Information

Division; U.S. Environmental Protection Agency (2137); 401 M St., S.W.;

Washington, DC 20460 or by calling (202) 260-2740.

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.

The changes listed in this Rule: Amendments to the NESHAP will have

no impact on the information collection burden estimates previously

made. Further, the changes remove redundant reporting requirement, do

not impose additional ones, and appropriately revises the deadline for

submitting compliance extension requests for this rule. Consequently,

the ICR has not been revised for this rule.

B. Executive Order 12866 Review

Under Executive Order 12866, the EPA must determine whether the

proposed regulatory action is ``significant'' and, therefore, subject

to OMB review and the requirements of the Executive Order. The Order

defines ``significant'' regulatory action as one that is likely to lead

to a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety in State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

The Hon rule promulgated on April 22, 1994 was considered

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

analysis was prepared. The amendments issued today remove a redundant

reporting requirement and revise the deadline for submitting compliance

extension requests to a date more appropriate for this rule. These

amendments do not add any new control requirements. Therefore, this

regulatory action is considered ``not significant.''

C. Regulatory Flexibility

The EPA has determined that it is not necessary to prepare a

regulatory flexibility analysis in connection with this final rule. The

EPA has also determined that this rule will not have a significant

economic impact on a substantial number of small entities. See the

April 22, 1994 Federal Register (59 FR 19449) for the basis for this

determination. The changes to the rule remove a reporting requirement

and provide additional time to request compliance extensions.

Therefore, the changes do not create a burden for any of the regulated

entities.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Unfunded Mandates Reform Act

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(Unfunded Mandates Act), the EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate or to the private sector, of $100

million or more. Under Section 205, the EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires the EPA to establish a plan for informing and advising any

small governments that may be significantly or uniquely impacted by the

rule.

The EPA has determined that the action promulgated today does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate or to the private sector. Therefore, the requirements of the

Unfunded Mandates Act do not apply to this action.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: November 27, 1996.

Carol M. Browner,

Administrator.

Chapter I, Part 63 of the Code of Federal Regulations is amended as

follows:

PART 63--[AMENDED]

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

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

Subpart F--National Emission Standards for Organic Hazardous Air

Pollutants From the Synthetic Organic Chemical Manufacturing Industry

2. Section 63.100 is amended by revising paragraph (d)(3)(ii);

revising the last sentence in paragraph (g)(2)(iii); revising the last

sentence of paragraph (h)(2)(iv); revising paragraph (i); revising

paragraph (l)(3)(ii)(B); revising the second and third sentences in

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

(l)(4)(iii)(A); and revising paragraph (m)(2) to read as follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(d) * * *

(3) * * *

(ii) The determination of applicability of this subpart to chemical

manufacturing process units that are designed and operated as flexible

operation units shall be reported as part of an operating permit

application or as otherwise specified by the permitting authority.

* * * * *

(g) * * *

(2) * * *

(iii) * * * This determination shall be reported as part of an

operating permit application or as otherwise specified by the

permitting authority.

* * * * *

(h) * * *

(2) * * *

(iv) * * * This determination shall be reported as part of an

operating permit application or as otherwise specified by the

permitting authority.

* * * * *

(i) Except as provided in paragraph (i)(4) of this section, the

owner or operator shall follow the procedures specified in paragraphs

(i)(1) through (i)(3) and (i)(5) of this section to determine whether

the vent(s) from a distillation unit is part of the source to which

this subpart applies.

(1) Where a distillation unit is dedicated to a chemical

manufacturing process unit, the distillation column shall be considered

part of that chemical manufacturing process unit.

[[Page 64575]]

(i) If the chemical manufacturing process unit is subject to this

subpart according to the criteria specified in paragraph (b) of this

section, then the distillation unit is part of the source to which this

subpart applies.

(ii) If the chemical manufacturing process unit is not subject to

this subpart according to the criteria specified in paragraph (b) of

this section, then the distillation unit is not part of the source to

which this subpart applies.

(2) If a distillation unit is not dedicated to a single chemical

manufacturing process unit, then the applicability of this subpart and

subpart G of this part shall be determined according to the provisions

in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.

(i) If the greatest input to the distillation unit is from a

chemical manufacturing process unit located on the same plant site,

then the distillation unit shall be assigned to that chemical

manufacturing process unit.

(ii) If the greatest input to the distillation unit is provided

from a chemical manufacturing process unit that is not located on the

same plant site, then the distillation unit shall be assigned to the

chemical manufacturing process unit located at the same plant site that

receives the greatest amount of material from the distillation unit.

(iii) If a distillation unit is shared among chemical manufacturing

process units so that there is no single predominant use as described

in paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least

one of those chemical manufacturing process units is subject to this

subpart, the distillation unit shall be assigned to the chemical

manufacturing process unit that is subject to this subpart. If more

than one chemical manufacturing process unit is subject to this

subpart, the owner or operator may assign the distillation unit to any

of the chemical manufacturing process units subject to this subpart.

(iv) If the predominant use of a distillation unit varies from year

to year, then the applicability of this subpart shall be determined

based on the utilization that occurred during the year preceding April

22, 1994. This determination shall be included as part of an operating

permit application or as otherwise specified by the permitting

authority.

(3) If the chemical manufacturing process unit to which the

distillation unit is assigned is subject to this subpart, then each

vent from the individual distillation unit shall be considered

separately to determine whether it is a process vent (as defined in

Sec. 63.101 of this subpart). Each vent that is a process vent is part

of the source to which this subpart applies.

(4) If the distillation unit is part of one of the chemical

manufacturing process units listed in paragraphs (i)(4)(i) through

(i)(4)(iii) of this section, then each vent from the individual

distillation unit shall be considered separately to determine whether

it is a process vent (as defined in Sec. 63.101 of this subpart). Each

vent that is a process vent is part of the source to which this subpart

applies:

(i) The Aromex unit that produces benzene, toluene, and xylene;

(ii) The unit that produces hexane; or

(iii) The unit that produces cyclohexane.

(5) If a distillation unit that was dedicated to a single chemical

manufacturing process unit, or that was part of a chemical

manufacturing unit identified in paragraphs (i)(4)(i) through

(i)(4)(iii) of this section, begins to serve another chemical

manufacturing process unit, or if applicability was determined under

the provisions of paragraphs (i)(2)(i) through (i)(2)(iv) of this

section and there is a change so that the predominant use may

reasonably have changed, the owner or operator shall reevaluate the

applicability of this subpart to the distillation unit.

* * * * *

(l) * * *

(3) * * *

(ii) * * *

(B) Changes that meet the criteria in Sec. 63.151(j) of subpart G

of this part, unless the information has been submitted in an operating

permit application or amendment;

* * * * *

(4) * * *

(iii) * * * A change to an existing chemical manufacturing process

unit shall be subject to the reporting requirements for existing

sources, including but not limited to, the reports listed in paragraphs

(l)(4)(iii)(A) through (E) of this section if the change meets the

criteria specified in Sec. 63.118(g), (h), (i), or (j) of subpart G of

this part for process vents or the criteria in Sec. 63.155(i) or (j) of

subpart G of this part. The applicable reports include, but are not

limited to:

(A) Reports specified in Sec. 63.151(i) and (j) of subpart G of

this part, unless the information has been submitted in an operating

permit application or amendment;

* * * * *

(m) * * *

(2) The compliance schedule shall be submitted with the report

required in Sec. 63.151(i)(2) of subpart G of this part for emission

points included in an emissions average or Sec. 63.151(j)(1) or subpart

G of this part for emission points not in an emissions average, unless

the compliance schedule has been submitted in an operating permit

application or amendment.

* * * * *

3. Section 63.102 is amended by revising paragraph (c) introductory

text and removing and reserving paragraph (c)(2) to read as follows:

Sec. 63.102 General standards.

* * * * *

(c) Each owner or operator of a source subject to this subpart

shall obtain a permit under 40 CFR part 70 or part 71 from the

appropriate permitting authority by the date determined by 40 CFR part

70 or part 71, as appropriate.

* * * * *

(2) [Reserved]

* * * * *

4. Section 63.106 is amended by revising paragraph (a) to read as

follows:

Sec. 63.106 Delegation of authority.

(a) In delegating implementation and enforcement authority to a

State under Section 112(l) of the CAA, the authorities contained in

paragraph (b) of this section shall be retained by the Administrator

and not transferred to a State.

* * * * *

Subpart G--National Emission Standards for Organic Hazardous Air

Pollutants From the Synthetic Organic Chemical Manufacturing

Industry for Process Vents, Storage Vessels, Transfer Operations,

and Wastewater

5. Section 63.110 is amended by revising paragraphs (e)(2)(ii)

introductory text and (f)(4)(ii) to read as follows:

Sec. 63.110 Applicability.

* * * * *

(e) * * *

(2) * * *

(ii) The owner or operator shall submit, no later than four months

before the applicable compliance date specified in Sec. 63.100 of

subpart F of this part, a request for a case-by-case determination of

requirements. The request shall include the information specified in

paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.

* * * * *

(f) * * *

(4) * * *

(ii) The owner or operator may submit, no later than four months

before the applicable compliance date specified in Sec. 63.100 of

subpart F of this

[[Page 64576]]

part, information demonstrating how compliance with 40 CFR Part 61,

subpart F, will also ensure compliance with this subpart. The

information shall include a description of the testing, monitoring,

reporting, and recordkeeping that will be performed.

* * * * *

6. Section 63.117 is amended by revising the last sentence in

paragraph (e) to read as follows:

Sec. 63.117 Process vents provisions--reporting and recordkeeping

requirements for group and TRE determinations and performance tests.

* * * * *

(e) * * * The Administrator will specify appropriate reporting and

recordkeeping requirements as part of the review of the permit

application or by other appropriate means.

* * * * *

7. Section 63.120 is amended by revising the introductory text of

paragraph (d)(2), revising paragraph (d)(2)(i), and revising the first

sentence in paragraph (d)(3)(i) to read as follows:

Sec. 63.120 Storage vessel provisions--procedures to determine

compliance.

* * * * *

(d) * * *

(2) The owner or operator shall submit, as part of the Notification

of Compliance Status required by Sec. 63.151 (b) of this subpart, a

monitoring plan containing the information specified in paragraph

(d)(2)(i) of this section and in either (d)(2)(ii) or (d)(2)(iii) of

this section.

(i) A description of the parameter or parameters to be monitored to

ensure that the control device is being properly operated and

maintained, an explanation of the criteria used for selection of that

parameter (or parameters), and the frequency with which monitoring will

be performed (e.g., when the liquid level in the storage vessel is

being raised); and either

* * * * *

(3) * * *

(i) The operating range for each monitoring parameter identified in

the monitoring plan. * * *

* * * * *

8. Section 63.122 is amended by removing and reserving paragraph

(a)(2) and revising paragraph (b) to read as follows:

Sec. 63.122 Storage vessel provisions--reporting.

(a) * * *

(2) [Reserved]

* * * * *

(b) An owner or operator who elects to comply with Sec. 63.119(e)

of this subpart by using a closed vent system and a control device

other than a flare shall submit, as part of the Monitoring Plan, the

information specified in Sec. 63.120(d)(2)(i) of this subpart and the

information specified in either Sec. 63.120(d)(2)(ii) of this subpart

or Sec. 63.120(d)(2)(iii) of this subpart.

* * * * *

Sec. 63.123 [Amended]

9. Section 63.123 is amended by removing and reserving paragraph

(b).

10. Section 63.128 is amended by revising the introductory text in

paragraph (h)(1), and revising paragraphs (h)(2) and (h)(3) to read as

follows:

Sec. 63.128 Transfer operations provisions--test methods and

procedures.

* * * * *

(h) * * *

(1) The owner or operator shall prepare, as part of the

Notification of Compliance Status required by Sec. 63.152(b) of this

subpart, a design evaluation that shall document that the control

device being used achieves the required control efficiency during

reasonably expected maximum loading conditions. This documentation is

to include a description of the gas stream which enters the control

device, including flow and organic HAP content, and the information

specified in paragraphs (h)(1)(i) through (h)(1)(v) of this section, as

applicable.

* * * * *

(2) The owner or operator shall submit, as part of the Notification

of Compliance Status required by Sec. 63.152(b) of this subpart, the

operating range for each monitoring parameter identified for each

control device. The specified operating range shall represent the

conditions for which the control device can achieve the 98-percent-or-

greater emission reduction required by Sec. 63.126(b)(1) of this

subpart.

(3) The owner or operator shall monitor the parameters specified in

the Notification of Compliance Status required in Sec. 63.152(b) of

this subpart or operating permit and shall operate and maintain the

control device such that the monitored parameters remain within the

ranges specified in the Notification of Compliance Status, except as

provided in Secs. 63.152(c) and 63.152(f) of this subpart.

11. Section 63.129 is amended by revising the last sentence in

paragraph (b); and revising paragraphs (e) and (f) to read as follows:

Sec. 63.129 Transfer operations provisions--reporting and

recordkeeping for performance tests and notification of compliance

status.

* * * * *

(b) * * * The Administrator will specify appropriate reporting and

recordkeeping requirements as part of the review of the permit

application or by other appropriate means.

* * * * *

(e) An owner or operator meeting the requirements of Sec. 63.128(h)

of this subpart shall submit, as part of the Notification of Compliance

Status required by Sec. 63.152(b) of this subpart, the information

specified in Sec. 63.128(h)(1) of this subpart.

(f) An owner or operator meeting the requirements of Sec. 63.128(h)

of this subpart shall submit, as part of the Notification of Compliance

Status required by Sec. 63.152(b) of this subpart, the operating range

for each monitoring parameter identified for each control device.

12. Section 63.151 is amended by revising the heading of the

section; revising paragraph (a)(2); revising paragraph (a)(6)(i) and

adding a new paragraph (a)(6)(iv); adding a new paragraph (a)(7);

revising paragraphs (c) introductory text and (c)(1); revising

paragraph (d)(8)(i); revising the introductory text in paragraph (e)

and revising paragraph (e)(1); revising paragraph (e)(3); revising the

introductory text in paragraph (f); revising paragraph (g)(1); revising

paragraph (h); and revising paragraph (j) to read as follows:

Sec. 63.151 Initial Notification.

(a) * * *

(2) An Implementation Plan for new sources subject to this subpart

or for emission points to be included in an emissions average, unless

an operating permit application has been submitted prior to the date

the Implementation Plan is due and the owner or operator has elected to

include the information specified in Sec. 63.152(e) in that

application. The submittal date and contents of the Implementation Plan

are specified in paragraphs (c) and (d) of this section.

* * * * *

(6) * * *

(i) For purposes of this subpart, a request for an extension shall

be submitted to the permitting authority as part of the operating

permit application or as part of the Initial Notification or as a

separate submittal. Requests for extensions shall be submitted no later

than 120 days prior to the compliance dates specified in

Sec. 63.100(k)(2), Sec. 63.100(l)(4), and Sec. 63.100(m) of

[[Page 64577]]

subpart F of this part, except as provided for in paragraph (a)(6)(iv)

of this section. The dates specified in Sec. 63.6(i) of subpart A of

this part for submittal of requests for extensions shall not apply to

sources subject to this subpart G.

* * * * *

(iv) An owner or operator may submit a compliance extension request

after the date specified in paragraph (a)(6)(i) of this section

provided the need for the compliance extension arose after that date

and before the otherwise applicable compliance date, and the need arose

due to circumstances beyond reasonable control of the owner or

operator. This request shall include, in addition to the information in

paragraph (a)(6)(ii) of this section, a statement of the reasons

additional time is needed and the date when the owner or operator first

learned of the problem.

(7) The reporting requirements for storage vessels are located in

Sec. 63.122 of this subpart.

* * * * *

(c) Each owner or operator of an existing source with emission

points that will be included in an emissions average or new source

subject to this subpart must submit an Implementation Plan to the

Administrator by the dates specified in paragraphs (c)(1) and (c)(2) of

this section, unless an operating permit application accompanied by the

information specified in Sec. 63.152(e) of this subpart has been

submitted. The Implementation Plan for emissions averaging is subject

to Administrator approval.

(1) Each owner or operator of an existing source subject to this

subpart who elects to comply with Sec. 63.112 of this subpart by using

emissions averaging for any emission points, and who has not submitted

an operating permit application accompanied by the information

specified in Sec. 63.152(e) of this subpart at least 18 months prior to

the compliance dates specified in Sec. 63.100 of subpart F of this

part, shall develop an Implementation Plan for emissions averaging. For

existing sources, the Implementation Plan for those emission points to

be included in an emissions average shall be submitted no later than 18

months prior to the compliance dates in Sec. 63.100 of subpart F of

this part.

* * * * *

(d) * * *

(8) * * *

(i) The information used to determine whether the wastewater stream

is a Group 1 or Group 2 wastewater stream.

* * * * *

(e) An owner or operator expressly referred to this paragraph shall

report, in an Implementation Plan, operating permit application, or as

otherwise specified by the permitting authority, the information listed

in paragraphs (e)(1) through (e)(5) of this section.

(1) A list designating each emission point complying with

Secs. 63.113 through 63.149 of this subpart and whether each emission

point is Group 1 or Group 2, as defined in Sec. 63.111 of this subpart.

* * * * *

(3) A statement that the compliance demonstration, monitoring,

inspection, recordkeeping, and reporting provisions in Secs. 63.113

through 63.149 of this subpart that are applicable to each emission

point will be implemented beginning on the date of compliance.

* * * * *

(f) The owner or operator who has been directed by any section of

this subpart that expressly references this paragraph to set unique

monitoring parameters or who requests approval to monitor a different

parameter than those listed in Sec. 63.114 for process vents,

Sec. 63.127 for transfer, or Sec. 63.143 for process wastewater of this

subpart shall submit the information specified in paragraphs (f)(1),

(f)(2), and (f)(3) of this section with the operating permit

application or as otherwise specified by the permitting authority.

* * * * *

(g) * * *

(1) Requests shall be included in the operating permit application

or as otherwise specified by the permitting authority and shall contain

the information specified in paragraphs (g)(3) through (g)(5) of this

section, as applicable.

* * * * *

(h) The owner or operator required to prepare an Implementation

Plan, or otherwise required to submit a report, under paragraph (c),

(d), or (e) of this section shall also submit a supplement for any

additional alternative controls or operating scenarios that may be used

to achieve compliance.

* * * * *

(j) The owner or operator of a source subject to this subpart, for

emission points that are not included in an emissions average, shall

report to the Administrator under the circumstances described in

paragraphs (j)(1), (j)(2), and (j)(3) of this section unless the

relevant information has been included and submitted in an operating

permit application or amendment, or as otherwise specified by the

permitting authority. The information shall be submitted within 180

calendar days after the change is made or the information regarding the

change is known to the source. The update may be submitted in the next

Periodic Report if the change is made after the date the Notification

of Compliance Status is due.

(1) Whenever a deliberate change is made such that the group status

of any emission point changes. The information submitted shall include

a compliance schedule as specified in Sec. 63.100 of subpart F of this

part if the emission point becomes Group 1.

(2) Whenever an owner or operator elects to achieve compliance with

this subpart by using a control technique other than that previously

reported to the Administrator or to the permitting authority, or plans

to monitor a different parameter, or operate a control device in a

manner other than that previously reported.

(3) Whenever an emission point or a chemical manufacturing process

unit is added to a source, a written addendum to the information

submitted under paragraph (e) of this section containing information on

the new emission point shall be submitted.

13. Section 63.152 is amended by revising paragraph (a)(2);

revising paragraph (c)(4)(ii); removing paragraph (c)(5)(ii)(F); and

revising the introductory text in paragraph (e) to read as follows:

Sec. 63.152 General reporting and continuous records.

* * * * *

(a) * * *

(2) An Implementation Plan described in Sec. 63.151(c), (d), and

(e) of this subpart for existing sources with emission points that are

included in an emissions average or for new sources.

* * * * *

(c) * * *

(4) * * *

(ii) Any supplements required under Sec. 63.151(i) and (j) of this

subpart,

* * * * *

[[Page 64578]]

(e) An owner or operator subject to this subpart shall submit the

information specified in paragraphs (e)(1) through (e)(4) of this

section with the operating permit application or as otherwise specified

by the permitting authority. The owner or operator shall submit written

updates as amendments to the operating permit application on the

schedule and under the circumstances described in Sec. 63.151(j) of

this subpart. Notwithstanding, if the owner or operator has an

operating permit under 40 CFR part 70 or 71, the owner or operator

shall follow the schedule and format required by the permitting

authority.

* * * * *

[FR Doc. 96-30866 Filed 12-4-96; 8:45 am]

BILLING CODE 6560-50-P