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 to definitions that apply to wastewater and

wastewater treatment and revised control and compliance provisions for

wastewater. A new compliance date of April 22, 1999, was proposed for

process wastewater, heat exchange systems, equipment subject to the

provisions of Sec. 63.149, and maintenance wastewater. The EPA also

proposed a separate compliance date for wastewater streams affected by

the omission of nitrobenzene from the list of compounds subject to the

wastewater provisions. The proposed revisions to the other provisions

to the rule also included corrections and clarifications to ensure the

rule is implemented as intended. The proposed amendments also included

some additional compliance options that would reduce the burden

associated with the recordkeeping and reporting requirements of the

rule. 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 to the level reflecting application of the

maximum achievable control technology.

EFFECTIVE DATE: January 17, 1997.

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

Janet S. Meyer, Coatings and Consumer Products Group, at (919) 541-5254

or Mary Tom Kissell, Waste and Chemical Processes Group, at (919) 541-

4516. For technical questions on wastewater provisions, contact Elaine

Manning, Waste and Chemical Processes Group, telephone number (919)

541-5499. 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:

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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.

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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 63.100. If you have

questions regarding the applicability of this action to a particular

entity, consult one of the individuals 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 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. 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);

August 26, 1996 (61 FR 43698); and December 5, 1996 (61 FR 64571).

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 document, 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. In the December 5, 1996 Federal

Register, the EPA took 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 4 months before

the April 1997 compliance date.

Today the EPA is taking final action on the remaining portions of

the amendments proposed on August 26, 1996.

C. Public Comment on the August 26, 1996 Proposal

Eighteen comment letters were received on the August 26, 1996

Federal Register document that proposed

[[Page 2723]]

changes to the rule. All comment letters received were from industry

representatives and trade associations. Most of the comment letters

were supportive of the proposed amendments. A few of these comment

letters also included suggested editorial revisions to further clarify

some aspects of the proposed amendments or to address oversights in the

proposed amendments. The EPA considered these suggestions and, where

appropriate, made changes to the proposed amendments. The significant

issues raised and the changes to the proposed amendments are summarized

in this preamble. A memorandum containing the EPA's response to all

comments can be found in Docket A-90-19, item number IX-C-1. The

response to comments may also be obtained over the Internet at http://

ttnwww.rtpnc.epa.gov or from the EPA's Technology Transfer Network

(TTN). The TTN is a network of electronic bulletin boards developed and

operated by the Office of Air Quality Planning and Standards. 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 modem. Select TTN Bulletin

Board: Clean Air Act Amendments and select menu item Recently Signed

Rules. If more information on TTN is needed, contact the systems

operator at (919) 541-5384.

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 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. Overview of Amendments to Rule

With today's action, the EPA is issuing clarifying and correcting

amendments to subparts F, G, H, and I of 40 CFR part 63 that were

proposed on August 26, 1996. Readers should refer to the August 26,

1996 Federal Register document for a complete discussion of the

background and the proposed changes to the rule. Today's revisions are

intended to remove any ambiguity and clearly convey the EPA's intent,

to make the rule easier to read and implement, and to increase

flexibility for the source.

These amendments include an extension of the existing source

compliance date to April 22, 1999 for process wastewater, heat exchange

systems, maintenance wastewater, and equipment subject to the

provisions of Sec. 63.149 and also establish a separate compliance date

for wastewater streams affected by the omission of nitrobenzene from

table 9 of subpart G. A three year compliance date is being established

for process wastewater streams that are subject to control requirements

due to the presence of nitrobenzene due to an error in the April 22,

1994 rule. Equipment subject to the other provisions of the rule must

be in compliance by April 22, 1997, unless a compliance extension is

granted.

Today's amendments also include the revisions to the wastewater

sections of subpart G, Secs. 63.132 through 63.147. As discussed in the

August 26, 1996 document, the wastewater sections have been redrafted

to improve organizational structure and clarity. The revised wastewater

sections reflect the concept that only when water is ``discarded'' from

a process is it ``wastewater,'' and thus subject to the HON wastewater

provisions. The revised wastewater sections in subpart G also include

provisions that: (1) Ensure that streams traveling from one piece of

process equipment to another are handled appropriately to avoid

emissions to the environment, and (2) ensure that the changes in the

wastewater definition do not permit sources to dilute their streams

prior to the point the streams are considered wastewater, thus avoiding

control requirements. The amendments to the wastewater provisions also

include the provisions that would allow a HON source owner or operator

to ship waste off-site for treatment. Under these revisions to the

rule, the owner or operator choosing not to treat wastewater on-site

may only ship to a facility that has certified that it will treat the

waste to the standard required by the HON.

In contrast to the significant revisions of the wastewater

provisions, only minor changes are being made to other sections of the

rule. In addition to removing ambiguity and increasing flexibility for

the source, some revisions reduce the reporting and recordkeeping

burden for sources. The reporting and recordkeeping revisions include

changes that (1) reduce the number of copies of reports that must be

submitted to the EPA and the States, and (2) provide for alternative,

less frequent recordkeeping of monitoring data where sources are able

to demonstrate that no violations have occurred for prolonged stretches

of time.

III. Summary of Major Comments and Changes to the Proposed Amendments

to the Rule

A. Applicability of Rule to Storage Vessels Located in a Tank Farm or

Marine Terminal

In the August 26, 1996 document, the EPA proposed amendments to

clarify the applicability of the rule to storage vessels located in

tank farms and marine tank farms. Due to an oversight, the provisions

currently in Sec. 63.100(g) of subpart F of the April 1994 rule did not

include instructions regarding allocation of tanks in remote locations,

such as tank farms. The proposed amendments, Sec. 63.100(g)(3),

provided explicit procedures to be followed to assign the storage

vessels to a process and then to determine the applicability of the

rule.

Most commenters were supportive of the proposed amendment. However,

one commenter requested clarification of the difference between a

remote storage tank owned by a chemical process facility and a remote

storage tank owned by a for-hire, bulk liquid terminal. The commenter

thought the proposed amendments to Sec. 63.100(g) could inappropriately

cause a remote storage tank owned by a for-hire, bulk liquid terminal

to be considered subject to the HON. The commenter requested that the

rule specifically state that remote storage vessels at independent tank

farm distribution facilities are not subject to the rule.

The EPA agrees with the commenter that the focus of this rule is on

chemical manufacturing plants and not on for-hire terminals that store

products for distribution. The EPA believes that the commenter's

concern arose because the preamble description of this proposed change

was not sufficiently clear that this assignment procedure was for

allocation of storage vessels at remote locations within the plant

site. The EPA believes that when the provisions of Sec. 63.100(g)(3)

are considered within context of all the applicability criteria in

subpart F it is clear that this proposed assignment procedure for

storage vessels in tank farms does not extend the applicability to for-

hire terminals that are not part of the major source. For the

amendments to affect any specific storage vessel (or transfer rack or

distillation unit), it would have to be part of a chemical

manufacturing process unit at a major source subject to the rule. In

order for a storage vessel (or transfer rack or distillation unit) to

be part of a major source, it would have to be (among other things)

under the control of the owner or operator of the chemical

manufacturing process unit

[[Page 2724]]

and located within the same contiguous area as the chemical

manufacturing process unit. A storage vessel owned by a for-hire bulk

liquid terminal could only be subject to the HON if it was under the

control of the owner or operator of the HON chemical manufacturing

process unit, and contiguously located, and therefore part of the same

major source. The EPA believes that the applicability of the rule is

clear and it is not necessary to add explicit language to the rule to

specify that storage vessels at for-hire terminals that are not part of

the major source are not subject to the rule.

B. Revision to Table 2 of Subpart F List of Regulated Organic Hazardous

Air Pollutants

In the August proposal, the EPA proposed to revise table 2 of

subpart F to list 21 specific compounds that are to be regulated as

polycyclic organic matter (POM) in the HON. The specific compounds

listed were identified as being consistent with the historical working

definition of POM, which emphasizes emissions from incomplete

combustion and pyrolysis processes (49 FR 31680). This change was

proposed to address requests for clarification of the scope of the term

POM in the HON.

Several commenters contended that 1,2-naphthylamine sulfonic acid,

1,4-naphthylamine sulfonic acid, -naphthol, and -

naphthol should not have been included on the list of specific

compounds proposed to be added to table 2 to replace the hazardous air

pollutants category POM. These commenters all asserted that these

compounds do not meet the historical working definition of POM, as

claimed by the EPA in the August 26, 1996 document. In support of that

view, the commenters stated that, in 1992, the EPA acknowledged the

potential problems with the statutory definition of POM and stated

that, although the definition would remain, the EPA would emphasize

emissions from combustion and pyrolysis activities (letter from John

Seitz to Larry Thomas, The Society of the Plastics Industry, March 3,

1992). The commenters also believe that, in 1994, the EPA announced a

new POM definition in a response to comments Background Information

Document (EPA-453/R-94-003d) for the HON that states:

Polycyclic organic matter is generally formed or emitted during

thermal processes including (1) incomplete combustion, (2)

pyrolysis, (3) the volatilization of fossil fuels or bitumens, or

(4) the distillation or thermal processing of non-fossil fuels. (HON

BID, Vol. 2D, p.4)

The commenters believe that these four compounds do not meet what they

describe as the revised definitions of POM since the compounds are not

produced by combustion processes and are not used in the types of

processes intended to be covered by this listing. The commenters

recommended that these specific compounds not be added to table 2 of

subpart F. One commenter also argued that the EPA should follow the

listing process in section 112(b) of the CAA if the EPA wished to list

these specific compounds as hazardous air pollutants.

The EPA does not agree with the commenters that these four

compounds do not meet the historical working definition of POM and

thus, should not be added to table 2 of subpart F. The term POM, as

defined in section 112(b) of the CAA, includes organic compounds with

more than one benzene ring and which have a boiling point greater than

or equal to 100 deg. C. This definition is very broad and does not

limit the term to the group of compounds which the EPA believes are

principally responsible for mutagenicity and carcinogenicity in humans

and animals. This arises because the current statutory definition

includes any compound with more than one benzene ring and is not

limited to fused ring compounds. Neither the March 1992 Seitz letter,

nor the HON Background Information Document amend the statutory

definition of POM. The August 26, 1996 proposal, to list 21 specific

compounds on table 2 of subpart F instead of listing POM generally, is

consistent with the molecular structures of concern in the historical

definition. Specifically, the 21 compounds have molecular structures

with two or more fused rings at least one of which is benzenoid in

structure. These chemicals were identified as chemical products

produced by the chemical manufacturing processes considered to be

within the definition of the SOCMI source category. Whether these

compounds were produced by extraction from materials produced by

pyrolysis processes or derived from petroleum feedstocks, was not a

consideration in the listing. The EPA does not agree with the

commenter's interpretation that compounds can be considered POM only if

formed by incomplete combustion and/or pyrolysis operations; the

statutory definition of POM is not limited in that fashion.

The reason for including these specific compounds on table 2

instead of listing POM generally was to ensure that emissions of these

compounds from the chemical manufacturing process unit producing these

chemicals would be subject to the requirements of the rule. All of

these compounds meet the definition of POM in section 112(b) of the

CAA. Specification of these compounds on table 2 will not result in

application of the rule to sources using these chemical products to

produce other products. It will require that emissions of these

substances from sources subject to this rule to be subject to the

requirements of the rule. Before today's changes to table 2 of subpart

F, emissions of the 21 substances were subject to the requirements of

the rule. Today's changes merely clarify what the substances are rather

than referring to POM generally.

Finally, the EPA disagrees with the commenter who argued that the

EPA should follow the listing process in section 112(b) to list these

compounds as hazardous air pollutants. The specific hazardous air

pollutants added to table 2 meet the definition of POM in section

112(b) and therefore are already subject to the requirements of section

112 without further listing action.

One commenter also asserted that listing 1,2-naphthylamine sulfonic

acid and 1,4-naphthylamine sulfonic acid as Hazardous Air Pollutants

has potential consequences under other statutes. The commenter noted

that the Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA) section 101(14)(e) incorporates by reference any

hazardous air pollutant listed under the CAA. This, in turn,

establishes Federal authority to respond to releases or threats of

releases of hazardous substances and triggers notification requirements

of releases to the National Response Center above the Reportable

Quantity (RQ) and liability for costs associated with cleanup and any

natural resources damages resulting from the release. Another possible

result is under section 304 of the Emergency Planning and Community

Right-to-Know Act of 1986 (EPCRA) that the owner or operator of a

facility from which an RQ or more of a CERCLA hazardous substance has

been released must immediately notify state and local emergency

response authorities.

The EPA does not agree with the commenter's assessment of the

potential consequences of the proposed listing of the 21 compounds in

table 2 of 40 CFR part 63, subpart F. The commenter's opinion that the

listing of the chemicals of interest in table 2 in place of POM

generally triggers new CERCLA and EPCRA reporting requirements is

incorrect, as the requirements were effective upon enactment of the CAA

by virtue of CERCLA section 101(14) and, in turn, section 102(b). The

POM category was one of five broad generic

[[Page 2725]]

categories of CAA section 112 hazardous air pollutants codified as a

hazardous substance pursuant to CERCLA section 101(14) in 40 CFR 302.4.

Section 101(14) of CERCLA states that the term ``hazardous substance''

includes ``any hazardous air pollutant listed under section 112 of the

Clean Air Act.'' Thus, the CAA categories automatically became

hazardous substances under CERCLA when listed as hazardous air

pollutants under section 112 in 1990. In the June 12, 1995 Federal

Register (60 FR 30926), the EPA stated that ``All substances within the

(CAA section 112 hazardous air pollutants) categories, as well as the

categories themselves, are CERCLA hazardous substances'' and that

``CERCLA section 102(b) provides that an RQ of one pound applies to

hazardous substances (which include the CAA hazardous air pollutants)

until this RQ is adjusted by regulation. Therefore, the section 112

listing of POM in the CAA automatically triggers a one pound RQ for any

chemical which falls within the section 112(b) definition of POM.

Issuance of a MACT standard requiring control of specific hazardous air

pollutants has no additional effect on CERCLA coverage.

C. Compliance Extension for New Sources

The August 26, 1996 proposal included an extension of the

compliance date to April 22, 1999 for heat exchange systems,

maintenance wastewater, equipment subject to Sec. 63.149, and process

wastewater for existing sources. This proposed change was in

Sec. 63.100(k)(2)(ii) of the proposed rule.

Several commenters suggested that the compliance schedule should be

extended for new sources to April 22, 1999 or initial startup,

whichever is later. The commenter's did not state the basis for their

belief that more than 2 additional years should be provided for new

sources.

While the EPA believes that, in some limited instances new sources

may need more time for compliance than was provided in the April 1994

rule, the EPA does not believe that 2 years is justified. In today's

final rule the EPA has provided that, in general, new sources that

commenced construction or reconstruction up to the date of proposal of

the August 1996 amendments continue to have a compliance date of April

22, 1994, (the date of the original final rule) or start-up, whichever

is later.

However, some exceptions have been added. Commenters had requested

more compliance time for heat exchange systems, maintenance and process

wastewater streams, and equipment subject to Sec. 63.149 (those pieces

of equipment for which a new, later compliance date has been set with

respect to existing sources). In response to this request the EPA has

decided that heat exchange systems, maintenance wastewater streams,

process wastewater streams, and equipment subject to Sec. 63.149 that

are part of new sources on which construction or reconstruction

commenced before proposal of the August 1996 amendments will have a

compliance date that is the later of start-up or 180 days from the date

of today's final rule.

These exceptions will provide new sources that commenced planning

for, or actually achieved compliance with, the April 22, 1994 rule, 6

months more time to allow any minor adjustments necessary to comply

with the provisions of today's final rule applicable to the heat

exchange system, maintenance and process wastewater streams, and

equipment subject to Sec. 63.149.

In addition, today's final rule provides that new sources upon

which construction or reconstruction commenced after the August 1996

proposal, must be in compliance upon the later of initial start-up or

the date of today's final rule.

The EPA believes that 180 days from today is ample time for any new

sources that are already in compliance with the April 1994 final rule

to make the necessary adjustments to their recordkeeping and reporting

procedures to ensure compliance with today's rule. Those sources that

commenced construction after December 31, 1992, but have not yet

reached start-up will be able to adjust their start-up date to allow

time to reach compliance as will any new sources commencing

construction after the August 26, 1996 proposal.

D. Delay of Repair for Heat Exchangers

The August proposal included new Sec. 63.104 requirements for

monitoring heat exchange systems for leaks of process fluids into

cooling water. The proposed Sec. 63.104 would replace the existing

provisions in Sec. 63.104 of subpart F. The revisions were proposed to

address issues with the existing provisions related to the availability

of monitoring methods with sufficient analytical sensitivity, lack of

flexibility in some of the requirements, and the burden associated with

the monitoring requirements. The proposed Sec. 63.104 also included

revisions to the delay of repair provisions to allow delay until the

next shutdown if a shutdown is planned within 2 months of determination

that delay of repair is necessary. The proposed revisions to

Sec. 63.104 also provided that repair may be delayed up to a maximum of

120 days if the necessary parts or personnel were not available. These

new provisions would replace the provisions in the April 1994 rule

which only allows delay of repair when it can be demonstrated that

immediate shutdown for repair would create more emissions than the

emissions that would result from delaying repair of the leaking heat

exchanger until the next shutdown. In the August 26, 1996 document, it

was explained that the proposed revisions to the delay of repair

provisions of the rule were being made to make these provisions

workable and to minimize debate over modeling of emissions from heat

exchanger systems.

Several commenters objected to this change in the delay of repair

provisions in Sec. 63.104. The commenters argued that it is

inappropriate to require an unscheduled shutdown if it can be

demonstrated that greater emissions would result than would occur if

the leak were repaired at the next scheduled shutdown. The commenters

thought that this change was an unintended result of other changes to

the wording of the provision.

As a result of this comment, the EPA reconsidered the circumstances

where delay of repair would be appropriate and the approach used to

develop an enforceable provision. Based on further examination of

situations that might arise in a facility subject to the standard, the

EPA concluded that Sec. 63.104(e)(2) could be revised to allow delay of

repair in situations where greater emissions would result than would

occur if the leak were repaired at the next scheduled shutdown if the

procedure for calculating emissions were specified in the rule. The

revised Sec. 63.104(e)(2) includes delay of repair provisions for cases

where the maximum potential emissions from the leaking heat exchanger

are less than the emissions that would result from an unscheduled

shutdown. The proposed 120 day maximum delay due to unavailability of

parts or personnel to effect the repair is also retained in the final

provisions. The EPA believes that the added provision will address

cases involving low flow rate heat exchangers that can not be isolated

from the process and where process unit shutdowns may result in

substantial emissions. The EPA believes that the revised

Sec. 63.104(e)(2) provides the flexibility needed while maintaining the

enforcability of the provision.

[[Page 2726]]

E. Wastewater Issues

1. Point of Determination

In the August 26, 1996 proposal, the EPA proposed to revise the

wastewater provisions to base the determination of applicability of

control requirements to a wastewater stream on its characteristics at

the point where the wastewater stream exits the last recovery device

instead of at the point of generation (POG). The new location for

determining the characteristics of a wastewater stream was termed the

point of determination (POD) to distinguish it from the POG concept

used in other air rules for waste and wastewater such as the Benzene

Waste NESHAP. This proposed revision was one of several changes

proposed to address problems with the clarity and structure of the

wastewater provisions in the April 1994 rule.

The public comment on the proposal was supportive of the new POD

concept. Therefore, the proposed revision changing from a POG approach

to the POD approach is being incorporated into the final rule without

revision. However, some public inquiries on the proposal also indicated

that confusion exists regarding some details of the concept.

Specifically, some readers have mistakenly interpreted POD by confusing

the meaning of ``recovery device'' and ``treatment process.'' This

section of the preamble sets forth the EPA's intent and emphasizes that

key definitions and provisions should be used together to understand

and correctly implement the POD concept in this rule.

The EPA's intent in developing the POD approach was to have a

decision criterion that is replicable and clearly specifies the

location for evaluation of a wastewater stream for the purposes of

control. All equipment prior to the POD is considered to be part of the

process and equipment downstream of the POD is not considered to be

part of the process. The POD is defined as each point where process

wastewater exits the chemical manufacturing process unit. To understand

the POD approach, other portions of the rule must be understood,

especially the definitions of wastewater, recovery device, and

treatment process and the provisions in Sec. 63.149.

``Wastewater'' is defined, inter alia, as water that is discarded

from a chemical manufacturing process unit. Under the revised approach

for defining wastewater, a stream does not become wastewater until it

exits the last recovery device. At that point, because the stream is no

longer being processed or used, it is considered to be discarded.

``Recovery device'' is defined as an individual unit of equipment

capable of and normally used for the purpose of recovering chemicals

for fuel value, use, or reuse or for sale for one of these purposes.

A ``treatment process'' is defined in the HON as a specific

technique that removes or destroys organics in a wastewater stream or

residual. Examples of treatment processes are a steam stripper (which

separate the organic material from the water) and a biological

treatment process (which destroys the organic compounds).

The EPA recognizes that the same categories of equipment, such as

oil-water separators or organic removal devices such as decanters or

strippers, may be recovery devices or treatment devices depending upon

the specific application in a particular process' operations. To

determine whether a particular item of equipment should be considered a

recovery device or a treatment process, it is necessary to consider the

subsequent utilization or disposition of the materials that pass

through the item of equipment. If the recovered materials are then used

for the same general purpose for which chemicals are utilized within

the facility (i.e., used for the chemical properties of the material or

for use as a fuel), then the equipment would be considered a recovery

device. If the material is not recovered for use, reuse, or fuel value

or for sale for use, reuse, or fuel value (under normal circumstances),

the equipment can not be considered a recovery device. For example, an

organic water separator, such as a steam stripper could not be

considered to be a recovery device if the separated organic material is

later sent to an incinerator for disposal. However, if the separated

organic material were used in a process or incorporated into product,

the steam stripper would be considered part of the process.

In developing the POD approach, the EPA assumed that organic

hazardous air pollutants containing fluids within the process would be

managed in closed systems to minimize losses of a recoverable material.

The EPA based this assumption on information provided by industry

representatives and the EPA's experience with the chemical industry.

The provisions in table 35 of subpart G and the new Sec. 63.149 were

designed to ensure that conveyance and handling of organic hazardous

air pollutants containing process fluids would be handled in a manner

consistent with the requirements for wastewater streams subject to

control.

The EPA considers the POD approach as appropriate for this rule

because the HON addresses the other emission points in the chemical

manufacturing process unit. The EPA does not believe that the POD

approach would be appropriate for other rules that are not as

comprehensive in the coverage of emission points. For example, the POD

concept would not be appropriate in cases where it is known that other

emission points would not be subject to any control requirements.

2. Clarification of Safety Relief Device Provisions for Waste

Management Units

The August proposed revisions to Sec. 63.132 included provisions to

allow waste management units to be equipped with pressure relief

devices needed for safety purposes, Sec. 63.132 (a)(2)(i) and

(b)(3)(i). Although no comments were received on these proposed

provisions, the EPA has received inquiries from some industry

representatives and consultants requesting clarification of the intent

of these provisions. The inquiries concerned whether these provisions

prohibit the use of pressure-vacuum vents on wastewater tanks storing

wastewater streams or whether these provisions would allow venting of

emissions to the atmosphere of wastewater tanks storing Group 1

wastewater streams.

The intent of the pressure relief valve provisions in Sec. 63.132

(a)(2)(i) and (b)(3)(i) is to provide for safety releases in emergency

situations only. These provisions provide that a pressure relief device

on waste management units is allowed ``provided the pressure relief

device is not used for planned or routine venting of emissions.'' These

provisions should not be interpreted as providing for routine venting

of emissions from waste management units.

Neither should these provisions be interpreted as prohibiting

pressure-vacuum vents on fixed roof wastewater tanks allowed for tanks

storing wastewater streams with a maximum true vapor pressure of less

than: (1) 13.1 kPa if the tank capacity is greater than or equal to 75

m3 but less than 151 m3; or (2) less than 5.2 kPa if the tank

capacity exceeds 151 m3 as specified in Sec. 63.133(a)(1). The

rule requires that tanks meeting these criteria be equipped with a

fixed roof and allows the roof to be equipped with openings necessary

for operation, inspection, and maintenance. There is no requirement to

control emissions from tanks meeting these criteria.

[[Page 2727]]

3. Issues Associated With Biological Treatment Processes

The August proposal included provisions that provided easier

compliance demonstration options for well-mixed activated sludge

systems that are used to control readily biodegraded compounds. In this

proposed change to the April 1994 rule, the compounds listed in table 9

of subpart G were divided into three lists. In the proposal, a

performance evaluation would not be required for activated sludge

systems that met the definition of enhanced biological treatment system

and the unit was controlling wastewater streams that contained only

list 1 compounds. The proposed revisions to appendix C still required a

performance demonstration for activated sludge systems used to treat a

combination of list 1 and list 2 and/or list 3 compounds.

All comments on the proposed compliance demonstration provisions

for biological treatment systems were supportive of this approach.

However, based on conversations with industry representatives, the EPA

has learned that some people are misinterpreting the proposed

definition of ``enhanced biological treatment system or biological

treatment process.'' This section of the preamble sets forth the EPA's

intent and reiterates the basis for the proposed compliance

demonstration exemption for certain biological treatment units. Because

of the potential for misinterpretation of the term, a clarifying change

has been made to the proposed definition for ``enhanced biological

treatment system or enhanced biological treatment process.''

The proposed revisions to the rule defined an enhanced biological

treatment system as an aerated treatment unit(s) that contains biomass

suspended in water followed by a clarifier that removes biomass from

the treated water and recycles recovered biomass to the aeration unit.

The mixed liquor volatile suspended solids (biomass) is greater than 1

kilogram per cubic meter throughout each aeration unit. The biomass is

suspended and aerated in the water of the aeration unit(s) by either

submerged air flow or mechanical agitation. The EPA's intent in

defining the enhanced biological treatment system was to reflect the

modeling of an activated sludge system with a well-mixed biological

treatment unit that was used to develop the three lists of compounds in

table 36. (A well-mixed or completely mixed system is a biological

treatment unit where particles entering the tank are dispersed

immediately throughout the tank and the system has uniform

characteristics (Docket A-90-23, item VII-B-8).) The requirement to

recycle biomass indicated an activated sludge system. The requirement

to have the biomass suspended and aerated indicated an aerobic

biological unit. The phase ``throughout each aeration unit'' was

intended to mean that the unit was well-mixed. It is this phrase that

is being misinterpreted or overlooked by readers. Therefore, the EPA

has slightly revised the definition for enhanced biological treatment

systems in today's rule to help clarify the intent. In today's rule the

second sentence of the definition reads, ``the mixed liquor volatile

suspended solids (biomass) is greater than 1 kilogram per cubic meter

homogeneously distributed throughout each aeration unit.'' The

additional phrase, ``homogeneously distributed,'' was added to clarify

the EPA's intent to define a uniformly well-mixed biological treatment

unit. The EPA believes this revision clarifies the original intent and

does not alter the meaning of the term.

An example of a system that would meet the enhanced biological

treatment system definition would be a conventional well-designed,

operated, and maintained activated sludge system. The biological

treatment unit of this enhanced biological treatment system would

contain a homogeneous mixture or, in other words, the biological

treatment unit would have the same concentration, mixed liquor volatile

suspended solids (MLVSS), and dissolved oxygen throughout the vessel

where the biological reactions occur.

A plug-flow system is an example of a biological treatment system

that does not meet the HON enhanced biological treatment system

definition. Plug-flow systems typically occur in long tanks with a high

length-to-width ratio in which longitudinal dispersion is minimal or

absent (Docket A-90-23, item VII-B-8). Plug-flow systems are not

considered acceptable units for the compliance demonstration exemption

because they may tend to have higher air emissions at the front of the

system where the concentration is higher. This is not to say that a

well operated plug-flow system would not be an acceptable biological

treatment system; however, the EPA was not as confident that the

parameters required to operate an acceptable plug-flow system could be

defined. These systems are required to demonstrate compliance through

use of the procedures in appendix C. Appendix C has been revised to

state that the calculation procedures (forms) in the appendix are for

well-mixed systems and to include suggestions for ways to address

systems that are not uniform well-mixed systems.

F. Miscellaneous Changes

The EPA also made a number of clarifying changes to several

sections of the August 1996 proposal. Examples of provisions that were

revised to clarify requirements include Sec. 63.145(f)(5),

Sec. 63.146(d)(1), and the oxygen control system requirements in

section 2.1.6 of Methods 304A and 304B. The EPA believes that these

revisions clarify the original intent and do not alter the effect of

the rule.

In addition to clarifying changes to the August 1996 proposed

amendments to the rule, the EPA also made minor revisions to provide

consistency with other similar provisions elsewhere in the rule or in

other rules. The EPA slightly revised the provisions in

Sec. 63.144(b)(5)(i)(C) to provide consistency between the requirements

for use of alternative methods allowed in the HON with similar

requirements in 40 CFR part 265, subpart CC (61 FR 59932). One of the

changes is to remove a requirement to perform the initial calibration

of the analytical system with the compounds for which the analysis is

being conducted for Methods 624 and 625. This requirement is already

addressed in the procedures outlined in Methods 624 and 625. The other

change is to reference a procedure that may be used to add compounds to

a method's published list of approved compounds for Methods 624, 625,

1624, and 1625. The record retention requirements for the heat

exchanger monitoring plan in Sec. 63.104(c) were revised from the

requirements in Sec. 63.103(c) to specify requirements that are similar

to the proposed requirements in Sec. 63.152(g)(1)(vi)(D). The revised

provisions require that the owner or operator maintain, at all times,

the monitoring plan that is currently in use and retain copies of the

most recently superceded plan for 15 years. This revision was made to

ensure that there could be no misunderstanding that copies of the

current plan must be maintained regardless of the duration of the

retention period.

G. Technical Corrections

The following amendments are minor technical corrections that were

not part of the August 26, 1996 proposal. These changes are being made

as part of today's action as a matter of efficiency in rulemaking.

Furthermore, these changes are noncontroversial and do not

substantively change the requirements of the rule. By promulgating

these technical corrections directly as a final rule, the EPA is

foregoing an

[[Page 2728]]

opportunity for public comment on a notice of proposed rulemaking.

Section 553(b) of title 5 of the United States Code and section 307(b)

of the CAA permit an agency to forego notice and comment when ``the

agency for good cause finds (and incorporates the finding and a brief

statement of reasons therefore in the rules issued) that notice and

public procedure thereon are impracticable, unnecessary, or contrary to

the public interest.'' The EPA finds that notice and comment regarding

these minor technical corrections are unnecessary due to their

noncontroversial nature and because they do not substantively change

the requirements of the HON. The EPA finds that this constitutes good

cause under 5 U.S.C. 553(b) for a determination that the issuance of a

notice of proposed rulemaking is unncessary.

1. Removal of Caprolactam From Table 2 of 40 CFR Part 63, Subpart F

On June 18, 1996 (61 FR 30816), the EPA took final action deleting

caprolactam from the list of hazardous air pollutants under section

112(b) of the CAA. Accordingly, as caprolactam is no longer subject to

regulation under section 112(d) of the CAA, the EPA is removing

caprolactam from table 2 of 40 CFR part 63, subpart F.

2. Correction of Sec. 63.174(h)(2)

On June 20, 1996 (61 FR 31440), the EPA amended Sec. 63.174(h)(1)

of subpart H to replace references to ``glass or glass-lined

connectors'' with the terminology ``ceramic or ceramic-lined

connectors.'' This change was made to use the more generic terminology

for these connectors (60 FR 18074). The need to amend Sec. 63.174(h)(2)

was overlooked at the time these amendments were issued. In today's

action, the EPA is revising Sec. 63.174(h)(2) to use the terminology

``ceramic or ceramic-lined connectors'' instead of ``glass or glass-

lined connectors''. This change will remove an inconsistency in the

drafting of Sec. 63.174(h).

IV. Administrative Requirements

A. Paperwork Reduction Act

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

information collection requirements contained in the rule under 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

Request (ICR) document was prepared by the 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 the

EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

The changes included in this rule will have no impact on the

information collection burden estimates previously made. The changes

consist of new definitions, alternative test procedures, and

clarifications of requirements. The changes are not additional

requirements. 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 clarify the rule and

correct structural problems with the drafting of some sections. The

amendments also provide additional flexibility for sources and provide

opportunities to reduce the recordkeeping and reporting burden. 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.

[[Page 2729]]

Dated: December 26, 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 as follows:

a. By revising paragraphs (b)(2), (c), (e), (f) introductory text,

(f)(1), (g) introductory text, (g)(1) introductory text in paragraphs,

(g)(2) introductory text, (h)(1) introductory text, (h)(2) introductory

text, (h)(1)(i), (h)(2)(i), (h)(2)(ii)(A), (j)(4), (k)(1), (k)(2),

(k)(3) introductory text;

b. By redesignating paragraphs (f)(6) through (f)(9) as (f)(8)

through (f)(11);

c. By adding paragraphs (f)(6), (f)(7), (g)(3), (g)(4), (h)(3), and

(k)(9); and

d. By removing paragraph (h)(2)(v).

The revisions and additions read as follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(b) * * *

(2) Use as a reactant or manufacture as a product, or co-product,

one or more of the organic hazardous air pollutants listed in table 2

of this subpart;

* * * * *

(c) The owner or operator of a chemical manufacturing process unit

that meets the criteria specified in paragraphs (b)(1) and (b)(3) of

this section but does not use as a reactant or manufacture as a product

or co-product, any organic hazardous air pollutant listed in table 2 of

this subpart shall comply only with the requirements of Sec. 63.103(e)

of this subpart. To comply with this subpart, such chemical

manufacturing process units shall not be required to comply with the

provisions of subpart A of this part.

* * * * *

(e) The source to which this subpart applies is the collection of

the process vents; storage vessels; transfer racks; waste management

units; maintenance wastewater; heat exchange systems; equipment

identified in Sec. 63.149 of subpart G; and pumps, compressors,

agitators, pressure relief devices, sampling connection systems, open-

ended valves or lines, valves, connectors, instrumentation systems,

surge control vessels, and bottoms receivers that are associated with

the collection of all chemical manufacturing process units at a major

source that meet the criteria specified in paragraphs (b)(1) through

(b)(3) of this section. The source also includes equipment required by,

or utilized as a method of compliance with this subpart F, subpart G or

H of this part which may include control devices and recovery devices.

(1) This subpart applies to maintenance wastewater and heat

exchange systems within a source that is subject to this subpart.

(2) This subpart F and subpart G of this part apply to process

vents, storage vessels, transfer racks, equipment identified in

Sec. 63.149 of subpart G of this part, and wastewater streams and

associated treatment residuals within a source that is subject to this

subpart.

(3) This subpart F and subpart H of this part apply to pumps,

compressors, agitators, pressure relief devices, sampling connection

systems, open-ended valves or lines, valves, connectors,

instrumentation systems, surge control vessels, and bottoms receivers

within a source that is subject to this subpart. If specific items of

equipment, comprising part of a chemical manufacturing process unit

subject to this subpart, are managed by different administrative

organizations (e.g., different companies, affiliates, departments,

divisions, etc.), those items of equipment may be aggregated with any

chemical manufacturing process unit within the source for all purposes

under subpart H of this part, providing there is no delay in the

applicable compliance date in Sec. 63.100(k).

(f) The source includes the emission points listed in paragraphs

(f)(1) through (f)(11) of this section, but those emission points are

not subject to the requirements of this subpart F and subparts G and H

of this part. This subpart does not require emission points that are

listed in paragraphs (f)(1) through (f)(11) of this section to comply

with the provisions of subpart A of this part.

(1) Equipment that is located within a chemical manufacturing

process unit that is subject to this subpart but the equipment does not

contain organic hazardous air pollutants.

* * * * *

(6) Water from testing of deluge systems;

(7) Water from testing of firefighting systems;

* * * * *

(g) The owner or operator shall follow the procedures specified in

paragraphs (g)(1) through (g)(4) of this section to determine whether a

storage vessel is part of the source to which this subpart applies.

(1) Where a storage vessel is dedicated to a chemical manufacturing

process unit, the storage vessel shall be considered part of that

chemical manufacturing process unit.

* * * * *

(2) If a storage vessel is not dedicated to a single chemical

manufacturing process unit, then the applicability of this subpart F

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

provisions in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.

* * * * *

(3) Where a storage vessel is located at a major source that

includes one or more chemical manufacturing process units which place

material into, or receive materials from the storage vessel, but the

storage vessel is located in a tank farm (including a marine tank

farm), the applicability of this subpart F and subpart G of this part

shall be determined according to the provisions in paragraphs (g)(3)(i)

through (g)(3)(iv) of this section.

(i) The storage vessel may only be assigned to a chemical

manufacturing process unit that utilizes the storage vessel and does

not have an intervening storage vessel for that product (or raw

material, as appropriate). With respect to any chemical manufacturing

process unit, an intervening storage vessel means a storage vessel

connected by hard-piping to the chemical manufacturing process unit and

to the storage vessel in the tank farm so that product or raw material

entering or leaving the chemical manufacturing process unit flows into

(or from) the intervening storage vessel and does not flow directly

into (or from) the storage vessel in the tank farm.

(ii) If there is no chemical manufacturing process unit at the

major source that meets the criteria of paragraph (g)(3)(i) of this

section with respect to a storage vessel, this subpart F and subpart G

of this part do not apply to the storage vessel.

(iii) If there is only one chemical manufacturing process unit at

the major source that meets the criteria of paragraph (g)(3)(i) of this

section with respect to a storage vessel, the storage vessel shall be

assigned to that chemical manufacturing process unit. Applicability of

this subpart F and subpart G to this part to the storage vessel shall

then be determined

[[Page 2730]]

according to the provisions of paragraph (b) of this section.

(iv) If there are two or more chemical manufacturing process units

at the major source that meet the criteria of paragraph (g)(3)(i) of

this section with respect to a storage vessel, the storage vessel shall

be assigned to one of those chemical manufacturing process units

according to the provisions of paragraph (g)(2) of this section. The

predominant use shall be determined among only those chemical

manufacturing process units that meet the criteria of paragraph

(g)(3)(i) of this section. Applicability of this subpart F and subpart

G of this part to the storage vessel shall then be determined according

to the provisions of paragraph (b) of this section.

(4) If the storage vessel begins receiving material from (or

sending material to) another chemical manufacturing process unit, or

ceasing to receive material from (or send material to) a chemical

manufacturing process unit, or if the applicability of this subpart F

and subpart G of this part to a storage vessel has been determined

according to the provisions of paragraphs (g)(2)(i) through (g)(2)(iii)

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 storage vessel.

(h) * * *

(1) Where a loading rack is dedicated to a chemical manufacturing

process unit, the loading rack shall be considered part of that

specific chemical manufacturing process unit.

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

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

section and the loading rack does not meet the criteria specified in

paragraphs (f)(9) and (f)(10) of this section, then the loading rack is

considered a transfer rack (as defined in Sec. 63.101 of this subpart)

and is part of the source to which this subpart applies.

* * * * *

(2) If a loading rack is shared among chemical manufacturing

process units, then the applicability of this subpart F and subpart G

of this part shall be determined at each loading arm or loading hose

according to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv)

of this section.

(i) Each loading arm or loading hose that is dedicated to the

transfer of liquid organic hazardous air pollutants listed in table 2

of this subpart from a chemical manufacturing process unit to which

this subpart applies is part of that chemical manufacturing process

unit and is part of the source to which this subpart applies unless the

loading arm or loading hose meets the criteria specified in paragraphs

(f)(9) or (f)(10) of this section.

(ii) * * *

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

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

section, then the loading arm or loading hose is part of the source to

which this subpart applies unless the loading arm or loading hose meets

the criteria specified in paragraphs (f)(9) or (f)(10) of this section.

* * * * *

(3) If a loading rack that was dedicated to a single chemical

manufacturing process unit begins to serve another chemical

manufacturing process unit, or if applicability was determined under

the provisions of paragraphs (h)(2)(i) through (h)(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 loading rack, loading arm, or

loading hose.

* * * * *

(j) * * *

(4) Process vents from batch operations within a chemical

manufacturing process unit;

* * * * *

(k) * * *

(1)(i) New sources that commence construction or reconstruction

after December 31, 1992, but before August 27, 1996 shall be in

compliance with this subpart F, subparts G and H of this part upon

initial start-up or by April 22, 1994, whichever is later, as provided

in Sec. 63.6(b) of subpart A of this part, and further, where start-up

occurs before January 17, 1997 shall also be in compliance with this

subpart F and subparts G and H of this part (as amended on January 17,

1997) by January 17, 1997, except that, with respect to all new sources

that commenced construction or reconstruction after December 31, 1992,

and before August 27, 1996:

(A) Heat exchange systems and maintenance wastewater, that are part

of a new source on which construction or reconstruction commenced after

December 31, 1992, but before August 27, 1996, shall be in compliance

with this subpart F no later than initial start-up or 180 days after

January 17, 1997, whichever is later;

(B) Process wastewater streams and equipment subject to

Sec. 63.149, that are part of a new source on which construction or

reconstruction commenced after December 31, 1992, but before August 27,

1996, shall be in compliance with this subpart F and subpart G of this

part no later than initial start-up or 180 days after January 17, 1997,

whichever is later; and

(ii) New sources that commence construction after August 26, 1996

shall be in compliance with this subpart F, subparts G and H of this

part upon initial start-up or by January 17, 1997, whichever is later.

(2) Existing sources shall be in compliance with this subpart F and

subpart G of this part no later than the dates specified in paragraphs

(k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been

granted by the Administrator as provided in Sec. 63.151(a)(6) of

subpart G of this part or granted by the permitting authority as

provided in Sec. 63.6(i) of subpart A of this part.

(i) Process vents, storage vessels, and transfer racks at an

existing source shall be in compliance with the applicable sections of

this subpart and subpart G of this part no later than April 22, 1997.

(ii) Heat exchange systems and maintenance wastewater shall be in

compliance with the applicable sections of this subpart, and equipment

subject to Sec. 63.149 and process wastewater streams shall be in

compliance with the applicable sections of this subpart and subpart G

of this part no later than April 22, 1999, except as provided in

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

(A) If a process wastewater stream or equipment subject to

Sec. 63.149 is subject to the control requirements of subpart G of this

part due to the contribution of nitrobenzene to the total annual

average concentration (as determined according to the procedures in

Sec. 63.144(b) of subpart G of this part), the wastewater stream shall

be in compliance no later than January 18, 2000.

(B) If a process wastewater stream is used to generate credits in

an emissions average in accordance with Sec. 63.150 of subpart G of

this part, the process wastewater stream shall be in compliance with

the applicable sections of subpart G of this part no later than April

22, 1997.

(3) Existing sources shall be in compliance with subpart H of this

part no later than the dates specified in paragraphs (k)(3)(i) through

(k)(3)(v) of this section, except as provided for in paragraphs (k)(4)

through (k)(8) of this section, unless an extension has been granted by

the Administrator as provided in Sec. 63.182(a)(6) of this part or

granted by the permitting authority as provided in Sec. 63.6(i) of

subpart A of this part. The group designation for each

[[Page 2731]]

process unit is indicated in table 1 of this subpart.

* * * * *

(9) All terms in this subpart F or subpart G of this part that

define a period of time for completion of required tasks (e.g., weekly,

monthly, quarterly, annual), unless specified otherwise in the section

or subsection that imposes the requirement, refer to the standard

calendar periods.

(i) Notwithstanding time periods specified in this subpart F or

subpart G of this part for completion of required tasks, such time

periods may be changed by mutual agreement between the owner or

operator and the Administrator, as specified in subpart A of this part

(e.g., a period could begin on the compliance date or another date,

rather than on the first day of the standard calendar period). For each

time period that is changed by agreement, the revised period shall

remain in effect until it is changed. A new request is not necessary

for each recurring period.

(ii) Where the period specified for compliance is a standard

calendar period, if the initial compliance date occurs after the

beginning of the period, compliance shall be required according to the

schedule specified in paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this

section, as appropriate.

(A) Compliance shall be required before the end of the standard

calendar period within which the compliance deadline occurs, if there

remain at least 3 days for tasks that must be performed weekly, at

least 2 weeks for tasks that must be performed monthly, at least 1

month for tasks that must be performed each quarter, or at least 3

months for tasks that must be performed annually; or

(B) In all other cases, compliance shall be required before the end

of the first full standard calendar period after the period within

which the initial compliance deadline occurs.

(iii) In all instances where a provision of this subpart F or

subpart G of this part requires completion of a task during each of

multiple successive periods, an owner or operator may perform the

required task at any time during the specified period, provided the

task is conducted at a reasonable interval after completion of the task

during the previous period.

* * * * *

3. Section 63.101 is amended as follows:

a. By revising the definitions of ``Chemical manufacturing process

unit,'' ``Control device'', ``Process vent'', ``Recovery device,''

``Shutdown'', and ``Start-up'', the first sentence in the definition

for ``Transfer rack'', and revising the definitions for ``Unit

operation'', and ``Vapor balancing system''; and ``Wastewater''; and

b. By adding in alphabetical order the definitions of ``Fuel gas,''

``Fuel gas system'', ``On-site or On site'', ``Recapture device'', and

``Waste management unit'' to read as follows:

Sec. 63.101 Definitions.

* * * * *

Chemical manufacturing process unit means the equipment assembled

and connected by pipes or ducts to process raw materials and to

manufacture an intended product. A chemical manufacturing process unit

consists of more than one unit operation. For the purpose of this

subpart, chemical manufacturing process unit includes air oxidation

reactors and their associated product separators and recovery devices;

reactors and their associated product separators and recovery devices;

distillation units and their associated distillate receivers and

recovery devices; associated unit operations; associated recovery

devices; and any feed, intermediate and product storage vessels,

product transfer racks, and connected ducts and piping. A chemical

manufacturing process unit includes pumps, compressors, agitators,

pressure relief devices, sampling connection systems, open-ended valves

or lines, valves, connectors, instrumentation systems, and control

devices or systems. A chemical manufacturing process unit is identified

by its primary product.

Control device means any combustion device, recovery device, or

recapture device. Such equipment includes, but is not limited to,

absorbers, carbon adsorbers, condensers, incinerators, flares, boilers,

and process heaters. For process vents (as defined in this section),

recapture devices are considered control devices but recovery devices

are not considered control devices. For a steam stripper, a primary

condenser is not considered a control device.

* * * * *

Fuel gas means gases that are combusted to derive useful work or

heat.

Fuel gas system means the offsite and onsite piping and flow and

pressure control system that gathers gaseous stream(s) generated by

onsite operations, may blend them with other sources of gas, and

transports the gaseous stream for use as fuel gas in combustion devices

or in in-process combustion equipment such as furnaces and gas turbines

either singly or in combination.

* * * * *

On-site or On site means, with respect to records required to be

maintained by this subpart, that the records are stored at a location

within a major source which encompasses the affected source. On-site

includes, but is not limited to, storage at the chemical manufacturing

process unit to which the records pertain, or storage in central files

elsewhere at the major source.

* * * * *

Process vent means a gas stream containing greater than 0.005

weight-percent total organic hazardous air pollutants that is

continuously discharged during operation of the unit from an air

oxidation reactor, other reactor, or distillation unit (as defined in

this section) within a chemical manufacturing process unit that meets

all applicability criteria specified in Sec. 63.100 (b)(1) through

(b)(3) of this subpart. Process vents are gas streams that are

discharged to the atmosphere (with or without passing through a control

device) either directly or after passing through one or more recovery

devices. Process vents exclude relief valve discharges, gaseous streams

routed to a fuel gas system(s), and leaks from equipment regulated

under subpart H of this part.

* * * * *

Recapture device means an individual unit of equipment capable of

and used for the purpose of recovering chemicals, but not normally for

use, reuse, or sale. For example, a recapture device may recover

chemicals primarily for disposal. Recapture devices include, but are

not limited to, absorbers, carbon adsorbers, and condensers.

Recovery device means an individual unit of equipment capable of

and normally used for the purpose of recovering chemicals for fuel

value (i.e., net positive heating value), use, reuse or for sale for

fuel value, use, or reuse. Examples of equipment that may be recovery

devices include absorbers, carbon adsorbers, condensers, oil-water

separators or organic-water separators, or organic removal devices such

as decanters, strippers, or thin-film evaporation units. For purposes

of the monitoring, recordkeeping, and reporting requirements of subpart

G of this part, recapture devices are considered recovery devices.

* * * * *

Shutdown means for purposes including, but not limited to, periodic

maintenance, replacement of equipment, or repair, the cessation of

operation of a chemical manufacturing

[[Page 2732]]

process unit or a reactor, air oxidation reactor, distillation unit,

waste management unit, equipment required or used to comply with this

subpart F, subparts G, or H of this part or the emptying and degassing

of a storage vessel. Shutdown does not include the routine rinsing or

washing of equipment in batch operation between batches.

* * * * *

Start-up means the setting into operation of a chemical

manufacturing process unit or a reactor, air oxidation reactor,

distillation unit, waste management unit, or equipment required or used

to comply with this subpart F, subpart G, or H of this part or a

storage vessel after emptying and degassing. Start-up includes initial

start-up, operation solely for testing equipment, the recharging of

equipment in batch operation, and transitional conditions due to

changes in product for flexible operation units.

* * * * *

Transfer rack means the collection of loading arms and loading

hoses, at a single loading rack, that are assigned to a chemical

manufacturing process unit subject to this subpart according to the

procedures specified in Sec. 63.100(h) of this subpart and are used to

fill tank trucks and/or railcars with organic liquids that contain one

or more of the organic hazardous air pollutants listed in table 2 of

this subpart. * * *

* * * * *

Unit operation means one or more pieces of process equipment used

to make a single change to the physical or chemical characteristics of

one or more process streams. Unit operations include, but are not

limited to, reactors, distillation units, extraction columns,

absorbers, decanters, dryers, condensers, and filtration equipment.

Vapor balancing system means a piping system that is designed to

collect organic hazardous air pollutants vapors displaced from tank

trucks or railcars during loading; and to route the collected organic

hazardous air pollutants vapors to the storage vessel from which the

liquid being loaded originated, or to another storage vessel connected

by a common header or to compress and route to a process or a fuel gas

system the collected organic hazardous air pollutants vapors.

Waste management unit means the equipment, structure(s), and/or

device(s) used to convey, store, treat, or dispose of wastewater

streams or residuals. Examples of waste management units include:

Wastewater tanks, surface impoundments, individual drain systems, and

biological wastewater treatment units. Examples of equipment that may

be waste management units include containers, air flotation units, oil-

water separators or organic-water separators, or organic removal

devices such as decanters, strippers, or thin-film evaporation units.

If such equipment is used for recovery then it is part of a chemical

manufacturing process unit and is not a waste management unit.

Wastewater means water that:

(1) Contains either:

(i) an annual average concentration of Table 9 compounds (as

defined in Sec. 63.111 of subpart G of this part) of at least 5 parts

per million by weight and has an annual average flow rate of 0.02 liter

per minute or greater, or

(ii) An annual average concentration of Table 9 compounds (as

defined in Sec. 63.111 of subpart G) of at least 10,000 parts per

million by weight at any flow rate, and that

(2) Is discarded from a chemical manufacturing process unit that

meets all of the criteria specified in Sec. 63.100 (b)(1) through

(b)(3) of this subpart. Wastewater is process wastewater or maintenance

wastewater.

4. Section 63.102 is amended by revising paragraphs (a)(1) and

(a)(2); adding paragraphs (a)(3) and (a)(4) to read as follows:

Sec. 63.102 General standards.

(a) * * *

(1) The provisions set forth in this subpart F and subpart G of

this part shall apply at all times except during periods of start-up or

shutdown (as defined in Sec. 63.101 of this subpart), malfunction, or

non-operation of the chemical manufacturing process unit (or specific

portion thereof) resulting in cessation of the emissions to which this

subpart F and subpart G of this part apply. However, if a start-up,

shutdown, malfunction or period of non-operation of one portion of a

chemical manufacturing process unit does not affect the ability of a

particular emission point to comply with the specific provisions to

which it is subject, then that emission point shall still be required

to comply with the applicable provisions of this subpart F and subpart

G of this part during the start-up, shutdown, malfunction or period of

non-operation. For example, if there is an overpressure in the reactor

area, a storage vessel in the chemical manufacturing process unit would

still be required to be controlled in accordance with Sec. 63.119 of

subpart G of the part. Similarly, the degassing of a storage vessel

would not affect the ability of a process vent to meet the requirements

of Sec. 63.113 of subpart G of this part.

(2) The provisions set forth in subpart H of this part shall apply

at all times except during periods of start-up or shutdown, as defined

in Sec. 63.101(b) of this subpart, malfunction, process unit shutdown

(as defined in Sec. 63.161 of subpart H of this part), or non-operation

of the chemical manufacturing process unit (or specific portion

thereof) in which the lines are drained and depressurized resulting in

cessation of the emissions to which subpart H of this part applies.

(3) The owner or operator shall not shut down items of equipment

that are required or utilized for compliance with the provisions of

this subpart F, subpart G or H of this part during times when emissions

(or, where applicable, wastewater streams or residuals) are being

routed to such items of equipment, if the shutdown would contravene

requirements of this subpart F, subpart G or H of this part applicable

to such items of equipment. This paragraph does not apply if the item

of equipment is malfunctioning, or if the owner or operator must shut

down the equipment to avoid damage due to a contemporaneous start-up,

shutdown, or malfunction of the chemical manufacturing process unit or

portion thereof.

(4) During start-ups, shutdowns, and malfunctions when the

requirements of this subpart F, subparts G and/or H of this part do not

apply pursuant to paragraphs (a)(1) through (a)(3) of this section, the

owner or operator shall implement, to the extent reasonably available,

measures to prevent or minimize excess emissions to the extent

practical. For purposes of this paragraph, the term ``excess

emissions'' means emissions in excess of those that would have occurred

if there were no start-up, shutdown, or malfunction and the owner or

operator complied with the relevant provisions of this subpart F,

subparts G and/or H of this part. The measures to be taken shall be

identified in the applicable start-up, shutdown, and malfunction plan,

and may include, but are not limited to, air pollution control

technologies, recovery technologies, work practices, pollution

prevention, monitoring, and/or changes in the manner of operation of

the source. Back-up control devices are not required, but may be used

if available.

* * * * *

5. Section 63.103 is amended by adding two sentences to the end of

the introductory text of paragraph (c); revising paragraphs (c)(1),

(c)(2)(i), (c)(2)(ii), and (c)(2)(iii); removing paragraph (c)(2)(iv);

revising paragraph (d)(1); revising paragraph (e); and

[[Page 2733]]

revising the last sentence of paragraph (f) to read as follows:

Sec. 63.103 General compliance, reporting, and recordkeeping

provisions.

* * * * *

(c) * * * If an owner or operator submits copies of reports to the

applicable EPA Regional Office, the owner or operator is not required

to maintain copies of reports. If the EPA Regional Office has waived

the requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of

reports, the owner or operator is not required to maintain copies of

reports.

(1) All applicable records shall be maintained in such a manner

that they can be readily accessed. The most recent 6 months of records

shall be retained on site or shall be accessible from a central

location by computer or other means that provides access within 2 hours

after a request. The remaining four and one-half years of records may

be retained offsite. Records may be maintained in hard copy or

computer-readable form including, but not limited to, on paper,

microfilm, computer, floppy disk, magnetic tape, or microfiche.

(2) * * *

(i) Records of the occurrence and duration of each start-up,

shutdown, and malfunction of operation of process equipment or of air

pollution control equipment or continuous monitoring systems used to

comply with this subpart F, subpart G, or H of this part during which

excess emissions (as defined in Sec. 63.102(a)(4)) occur.

(ii) For each start-up, shutdown, and malfunction during which

excess emissions (as defined in Sec. 63.102(a)(4)) occur, records that

the procedures specified in the source's start-up, shutdown, and

malfunction plan were followed, and documentation of actions taken that

are not consistent with the plan. For example, if a start-up, shutdown,

and malfunction plan includes procedures for routing a control device

to a backup control device (e.g., the incinerator for a halogenated

stream could be routed to a flare during periods when the primary

control device is out of service), records must be kept of whether the

plan was followed. These records may take the form of a ``checklist,''

or other form of recordkeeping that confirms conformance with the

start-up, shutdown, and malfunction plan for the event.

(iii) For continuous monitoring systems used to comply with subpart

G of this part, records documenting the completion of calibration

checks and maintenance of continuous monitoring systems that are

specified in the manufacturer's instructions or other written

procedures that provide adequate assurance that the equipment would

reasonably be expected to monitor accurately.

* * * * *

(d) * * *

(1) Wherever subpart A of this part specifies ``postmark'' dates,

submittals may be sent by methods other than the U.S. Mail (e.g., by

fax or courier). Submittals shall be sent on or before the specified

date.

* * * * *

(e) The owner or operator of a chemical manufacturing process unit

which meets the criteria of Sec. 63.100(b)(1) and Sec. 63.100(b)(3),

but not the criteria of Sec. 63.100(b)(2), shall comply with the

requirements of either paragraph (e)(1) or (e)(2) of this section.

(1) Retain information, data, and analysis used to determine that

the chemical manufacturing process unit does not use as a reactant or

manufacture as a product or co-product any organic hazardous air

pollutant. Examples of information that could document this include,

but are not limited to, records of chemicals purchased for the process,

analyses of process stream composition, engineering calculations, or

process knowledge.

(2) When requested by the Administrator, demonstrate that the

chemical manufacturing process unit does not use as a reactant or

manufacture as a product or co-product any organic hazardous air

pollutant.

* * * * *

(f) * * * Compliance with this subpart F and subpart G of this part

shall be no later than April 22, 1997, or as otherwise specified in

Sec. 63.100(k)(2)(ii) of this subpart, unless an extension has been

granted by the EPA Regional Office or permitting authority as provided

in Sec. 63.6(i) of subpart A of this part.

* * * * *

6. Section 63.104 is revised to read as follows:

Sec. 63.104 Heat exchange system requirements.

(a) Unless one or more of the conditions specified in paragraphs

(a)(1) through (a)(6) of this section are met, owners and operators of

sources subject to this subpart shall monitor each heat exchange system

used to cool process equipment in a chemical manufacturing process unit

meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this

subpart, except for chemical manufacturing process units meeting the

condition specified in Sec. 63.100(c) of this subpart, according to the

provisions in either paragraph (b) or (c) of this section. Whenever a

leak is detected, the owner or operator shall comply with the

requirements in paragraph (d) of this section.

(1) The heat exchange system is operated with the minimum pressure

on the cooling water side at least 35 kilopascals greater than the

maximum pressure on the process side.

(2) There is an intervening cooling fluid, containing less than 5

percent by weight of total hazardous air pollutants listed in table 4

of this subpart, between the process and the cooling water. This

intervening fluid serves to isolate the cooling water from the process

fluid and the intervening fluid is not sent through a cooling tower or

discharged. For purposes of this section, discharge does not include

emptying for maintenance purposes.

(3) The once-through heat exchange system is subject to a National

Pollution Discharge Elimination System (NPDES) permit with an allowable

discharge limit of 1 part per million or less above influent

concentration or 10 percent or less above influent concentration,

whichever is greater.

(4) The once-through heat exchange system is subject to an NPDES

permit that:

(i) Requires monitoring of a parameter(s) or condition(s) to detect

a leak of process fluids into cooling water;

(ii) Specifies or includes the normal range of the parameter or

condition;

(iii) Requires monitoring for the parameters selected as leak

indicators no less frequently than monthly for the first six months and

quarterly thereafter; and

(iv) Requires the owner or operator to report and correct leaks to

the cooling water when the parameter or condition exceeds the normal

range.

(5) The recirculating heat exchange system is used to cool process

fluids that contain less than 5 percent by weight of total hazardous

air pollutants listed in table 4 of this subpart.

(6) The once-through heat exchange system is used to cool process

fluids that contain less than 5 percent by weight of total hazardous

air pollutants listed in table 9 of subpart G of this part.

(b) The owner or operator who elects to comply with the

requirements of paragraph (a) of this section by monitoring the cooling

water for the presence of one or more organic hazardous air pollutants

or other representative substances whose presence in cooling water

indicates a leak shall comply with the requirements specified in

paragraphs (b)(1) through (b)(6) of this section. The cooling water

shall be monitored for total hazardous

[[Page 2734]]

air pollutants, total volatile organic compounds, total organic carbon,

one or more speciated HAP compounds, or other representative substances

that would indicate the presence of a leak in the heat exchange system.

(1) The cooling water shall be monitored monthly for the first 6

months and quarterly thereafter to detect leaks.

(2)(i) For recirculating heat exchange systems (cooling tower

systems), the monitoring of speciated hazardous air pollutants or total

hazardous air pollutants refers to the hazardous air pollutants listed

in table 4 of this subpart.

(ii) For once-through heat exchange systems, the monitoring of

speciated hazardous air pollutants or total hazardous air pollutants

refers to the hazardous air pollutants listed in table 9 of subpart G

of this part.

(3) The concentration of the monitored substance(s) in the cooling

water shall be determined using any EPA-approved method listed in part

136 of this chapter as long as the method is sensitive to

concentrations as low as 10 parts per million and the same method is

used for both entrance and exit samples. Alternative methods may be

used upon approval by the Administrator.

(4) The samples shall be collected either at the entrance and exit

of each heat exchange system or at locations where the cooling water

enters and exits each heat exchanger or any combination of heat

exchangers.

(i) For samples taken at the entrance and exit of recirculating

heat exchange systems, the entrance is the point at which the cooling

water leaves the cooling tower prior to being returned to the process

equipment and the exit is the point at which the cooling water is

introduced to the cooling tower after being used to cool the process

fluid.

(ii) For samples taken at the entrance and exit of once-through

heat exchange systems, the entrance is the point at which the cooling

water enters and the exit is the point at which the cooling water exits

the plant site or chemical manufacturing process units.

(iii) For samples taken at the entrance and exit of each heat

exchanger or any combination of heat exchangers in chemical

manufacturing process units, the entrance is the point at which the

cooling water enters the individual heat exchanger or group of heat

exchangers and the exit is the point at which the cooling water exits

the heat exchanger or group of heat exchangers.

(5) A minimum of three sets of samples shall be taken at each

entrance and exit as defined in paragraph (b)(4) of this section. The

average entrance and exit concentrations shall then be calculated. The

concentration shall be corrected for the addition of any makeup water

or for any evaporative losses, as applicable.

(6) A leak is detected if the exit mean concentration is found to

be greater than the entrance mean using a one-sided statistical

procedure at the 0.05 level of significance and the amount by which it

is greater is at least 1 part per million or 10 percent of the entrance

mean, whichever is greater.

(c) The owner or operator who elects to comply with the requirement

of paragraph (a) of this section by monitoring using a surrogate

indicator of heat exchange system leaks shall comply with the

requirements specified in paragraphs (c)(1) through (c)(3) of this

section. Surrogate indicators that could be used to develop an

acceptable monitoring program are ion specific electrode monitoring,

pH, conductivity or other representative indicators.

(1) The owner or operator shall prepare and implement a monitoring

plan that documents the procedures that will be used to detect leaks of

process fluids into cooling water. The plan shall require monitoring of

one or more surrogate indicators or monitoring of one or more process

parameters or other conditions that indicate a leak. Monitoring that is

already being conducted for other purposes may be used to satisfy the

requirements of this section. The plan shall include the information

specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.

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

an explanation of how the selected parameter or condition will reliably

indicate the presence of a leak.

(ii) The parameter level(s) or conditions(s) that shall constitute

a leak. This shall be documented by data or calculations showing that

the selected levels or conditions will reliably identify leaks. The

monitoring must be sufficiently sensitive to determine the range of

parameter levels or conditions when the system is not leaking. When the

selected parameter level or condition is outside that range, a leak is

indicated.

(iii) The monitoring frequency which shall be no less frequent than

monthly for the first 6 months and quarterly thereafter to detect

leaks.

(iv) The records that will be maintained to document compliance

with the requirements of this section.

(2) If a substantial leak is identified by methods other than those

described in the monitoring plan and the method(s) specified in the

plan could not detect the leak, the owner or operator shall revise the

plan and document the basis for the changes. The owner or operator

shall complete the revisions to the plan no later than 180 days after

discovery of the leak.

(3) The owner or operator shall maintain, at all times, the

monitoring plan that is currently in use. The current plan shall be

maintained on-site, or shall be accessible from a central location by

computer or other means that provides access within 2 hours after a

request. If the monitoring plan is superseded, the owner or operator

shall retain the most recent superseded plan at least until 5 years

from the date of its creation. The superseded plan shall be retained

on-site (or accessible from a central location by computer or other

means that provides access within two hours after a request) for at

least 6 months after its creation.

(d) If a leak is detected according to the criteria of paragraph

(b) or (c) of this section, the owner or operator shall comply with the

requirements in paragraphs (d)(1) and (d)(2) of this section, except as

provided in paragraph (e) of this section.

(1) The leak shall be repaired as soon as practical but not later

than 45 calendar days after the owner or operator receives results of

monitoring tests indicating a leak. The leak shall be repaired unless

the owner or operator demonstrates that the results are due to a

condition other than a leak.

(2) Once the leak has been repaired, the owner or operator shall

confirm that the heat exchange system has been repaired within 7

calendar days of the repair or startup, whichever is later.

(e) Delay of repair of heat exchange systems for which leaks have

been detected is allowed if the equipment is isolated from the process.

Delay of repair is also allowed if repair is technically infeasible

without a shutdown and any one of the conditions in paragraph (e)(1) or

(e)(2) of this section is met. All time periods in paragraphs (e)(1)

and (e)(2) of this section shall be determined from the date when the

owner or operator determines that delay of repair is necessary.

(1) If a shutdown is expected within the next 2 months, a special

shutdown before that planned shutdown is not required.

(2) If a shutdown is not expected within the next 2 months, the

owner or operator may delay repair as provided in paragraph (e)(2)(i)

or (e)(2)(ii) of this section. Documentation of a decision to delay

repair shall state the reasons repair was delayed and shall specify a

[[Page 2735]]

schedule for completing the repair as soon as practical.

(i) If a shutdown for repair would cause greater emissions than the

potential emissions from delaying repair, the owner or operator may

delay repair until the next shutdown of the process equipment

associated with the leaking heat exchanger. The owner or operator shall

document the basis for the determination that a shutdown for repair

would cause greater emissions than the emissions likely to result from

delaying repair as specified in paragraphs (e)(2)(i)(A) and

(e)(2)(i)(B) of this section.

(A) The owner or operator shall calculate the potential emissions

from the leaking heat exchanger by multiplying the concentration of

total hazardous air pollutants listed in table 4 of this subpart in the

cooling water from the leaking heat exchanger by the flowrate of the

cooling water from the leaking heat exchanger by the expected duration

of the delay. The owner or operator may calculate potential emissions

using total organic carbon concentration instead of total hazardous air

pollutants listed in table 4 of this subpart.

(B) The owner or operator shall determine emissions from purging

and depressurizing the equipment that will result from the unscheduled

shutdown for the repair.

(ii) If repair is delayed for reasons other than those specified in

paragraph (e)(2)(i) of this section, the owner or operator may delay

repair up to a maximum of 120 calendar days. The owner shall

demonstrate that the necessary parts or personnel were not available.

(f)(1) Required records. The owner or operator shall retain the

records identified in paragraphs (f)(1)(i) through (f)(1)(iv) of this

section as specified in Sec. 63.103(c)(1).

(i) Monitoring data required by this section indicating a leak and

the date when the leak was detected, and if demonstrated not to be a

leak, the basis for that determination;

(ii) Records of any leaks detected by procedures subject to

paragraph (c)(2) of this section and the date the leak was discovered;

(iii) The dates of efforts to repair leaks; and

(iv) The method or procedure used to confirm repair of a leak and

the date repair was confirmed.

(2) Reports. If an owner or operator invokes the delay of repair

provisions for a heat exchange system, the following information shall

be submitted in the next semi-annual periodic report required by

Sec. 63.152(c) of subpart G of this part. If the leak remains

unrepaired, the information shall also be submitted in each subsequent

periodic report, until repair of the leak is reported.

(i) The owner or operator shall report the presence of the leak and

the date that the leak was detected.

(ii) The owner or operator shall report whether or not the leak has

been repaired.

(iii) The owner or operator shall report the reason(s) for delay of

repair. If delay of repair is invoked due to the reasons described in

paragraph (e)(2) of this section, documentation of emissions estimates

must also be submitted.

(iv) If the leak remains unrepaired, the owner or operator shall

report the expected date of repair.

(v) If the leak is repaired, the owner or operator shall report the

date the leak was successfully repaired.

7. Current tables 2 and 3 of subpart F are revised and table 4 is

added to read as follows:

Table 2 to Supbart F--Organic Hazardous Air Pollutants

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

Chemical name a,b CAS No.c

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

Acenaphthene............................................ 83329

Acetaldehyde............................................ 75070

Acetamide............................................... 60355

Acetonitrile............................................ 75058

Acetophenone............................................ 98862

Acrolein................................................ 107028

Acrylamide.............................................. 79061

Acrylic acid............................................ 79107

Acrylonitrile........................................... 107131

Alizarin................................................ 72480

Allyl chloride.......................................... 107051

Aniline................................................. 62533

Anisidine (o-).......................................... 90040

Anthracene.............................................. 120127

Anthraquinone........................................... 84651

Benzene................................................. 71432

Benzotrichloride........................................ 98077

Benzyl chloride......................................... 100447

Biphenyl................................................ 92524

Bis(chloromethyl)ether.................................. 542881

Bromoform............................................... 75252

Bromonaphthalene........................................ 27497514

Butadiene (1,3-)........................................ 106990

Carbon disulfide........................................ 75150

Carbon tetrachloride.................................... 56235

Chloroacetic acid....................................... 79118

Chloroacetophenone (2-)................................. 532274

Chlorobenzene........................................... 108907

2-Chloro-,1,3-butadiene (Chloroprene)................... 126998

Chloroform.............................................. 67663

Chloronaphthalene....................................... 25586430

Chrysene................................................ 218019

Cresols and cresylic acids (mixed)...................... 1319773

Cresol and cresylic acid (o-)........................... 95487

Cresol and cresylic acid (m-)........................... 108394

[[Page 2736]]

Cresol and cresylic acid (p-)........................... 106445

Cumene.................................................. 98828

Dichlorobenzene (p-).................................... 106467

Dichlorobenzidine (3,3'-)............................... 91941

Dichloroethane (1,2-) (Ethylene dichloride) (EDC)....... 107062

Dichloroethylether (Bis(2-chloroethyl)ether)............ 111444

Dichloropropene (1,3-).................................. 542756

Diethanolamine (2,2'-Iminodiethanol).................... 111422

Dimethylaniline (N,N-).................................. 121697

Diethyl sulfate......................................... 64675

Dimethylbenzidine (3,3'-)............................... 119937

Dimethylformamide (N,N-)................................ 68122

Dimethylhydrazine (1,1-)................................ 58147

Dimethylphthalate....................................... 131113

Dimethylsulfate......................................... 77781

Dinitrophenol (2,4-).................................... 51285

Dinitrotoluene (2,4-)................................... 121142

Dioxane (1,4-) (1,4-Diethyleneoxide).................... 123911

1,2-Diphenylhydrazine................................... 122667

Epichlorohydrin (1-Chloro-2,3-epoxypropane)............. 106898

Ethyl acrylate.......................................... 140885

Ethylbenzene............................................ 100414

Ethyl chloride (Chloroethane)........................... 75003

Ethylene dibromide (Dibromoethane)...................... 106934

Ethylene glycol......................................... 107211

Ethylene oxide.......................................... 75218

Ethylidene dichloride (1,1-Dichloroethane).............. 75343

Fluoranthene............................................ 206440

Formaldehyde............................................ 50000

Glycol ethersd..........................................

Hexachlorobenzene....................................... 118741

Hexachlorobutadiene..................................... 87683

Hexachloroethane........................................ 67721

Hexane.................................................. 110543

Hydroquinone............................................ 123319

Isophorone.............................................. 78591

Maleic anhydride........................................ 108316

Methanol................................................ 67561

Methylbromide (Bromomethane)............................ 74839

Methylchloride (Chloromethane).......................... 74873

Methyl ethyl ketone (2-Butanone)........................ 78933

Methyl hydrazine........................................ 60344

Methyl isobutyl ketone (Hexone)......................... 108101

Methyl isocyanate....................................... 624839

Methyl methacrylate..................................... 80626

Methyl tert-butyl ether................................. 1634044

Methylene chloride (Dichloromethane).................... 75092

Methylene diphenyl diisocyanate (4,4'-) (MDI)........... 101688

Methylenedianiline (4,4'-).............................. 101779

Naphthalene............................................. 91203

Naphthalene sulfonic acid ()................... 85472

Naphthalene sulfonic acid ()................... 120183

Naphthol ().................................... 90153

Naphthol ().................................... 135193

Naphtholsulfonic acid (1-).............................. 567180

Naphthylamine sulfonic acid (1,4-)...................... 84866

Naphthylamine sulfonic acid (2,1-)...................... 81163

Naphthylamine (1-)...................................... 134327

Naphthylamine (2-)...................................... 91598

Nitronaphthalene (1-)................................... 86577

Nitrobenzene............................................ 98953

Nitrophenol (p-)........................................ 100027

Nitropropane (2-)....................................... 79469

Phenanthrene............................................ 85018

Phenol.................................................. 108952

Phenylenediamine (p-)................................... 106503

Phosgene................................................ 75445

Phthalic anhydride...................................... 85449

Propiolactone (beta-)................................... 57578

Propionaldehyde......................................... 123386

Propylene dichloride (1,2-Dichloropropane).............. 78875

Propylene oxide......................................... 75569

[[Page 2737]]

Pyrene.................................................. 129000

Quinone................................................. 106514

Styrene................................................. 100425

Tetrachloroethane (1,1,2,2-)............................ 79345

Tetrachloroethylene (Perchloroethylene)................. 127184

Tetrahydronaphthalene................................... 119642

Toluene................................................. 108883

Toluene diamine (2,4-).................................. 95807

Toluene diisocyanate (2,4-)............................. 584849

Toluidine (o-).......................................... 95534

Trichlorobenzene (1,2,4-)............................... 120821

Trichloroethane (1,1,1-) (Methyl chloroform)............ 71556

Trichloroethane (1,1,2-) (Vinyl trichloride)............ 79005

Trichloroethylene....................................... 79016

Trichlorophenol (2,4,5-)................................ 95954

Triethylamine........................................... 121448

Trimethylpentane (2,2,4-)............................... 540841

Vinyl acetate........................................... 108054

Vinyl chloride (Chloroethylene)......................... 75014

Vinylidene chloride (1,1-Dichloroethylene).............. 75354

Xylenes (NOS)........................................... 1330207

Xylene (m-)............................................. 108383

Xylene (o-)............................................. 95476

Xylene (p-)............................................. 106423

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

a For all Listings above containing the word ``Compounds,'' the

following applies: Unless otherwise specified, these listings are

defined as including any unique chemical substance that contains the

named chemical (i.e., antimony, arsenic) as part of that chemical's

infrastructure.

b Isomer means all structural arrangements for the same number of atoms

of each element and does not mean salts, esters, or derivatives.

c CAS No.=Chemical Abstract Service number.

d Includes mono- and di- ethers of ethylene glycol, diethylene glycol,

and triethylene glycol R-(OCH2CH2)n-OR where:

n=1, 2, or 3;

R=alkyl or aryl groups; and

R'=R, H or groups which, when removed, yield glycol ethers with the

structure:

R-(OCH2CH2)n-OH

Polymers are excluded from the glycol category.

Table 3.--General Provisions Applicability to Subparts F, G, and Ha

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

Reference Applies to subparts F, G, and H Comment

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

63.1(a)(1)..................................................... Yes................................. Overlap clarified in Sec. 63.101, Sec. 63.111,

Sec. 63.161.

63.1(a)(2)..................................................... Yes.................................

63.1(a)(3)..................................................... Yes................................. Sec. 63.110 and Sec. 63.160(b) of subparts G

and H identify which standards are overridden.

63.1(a)(4)..................................................... No.................................. Subpart F specifies applicability of each

paragraph in subpart A to subparts F, G, and H.

63.1 (a)(5)--(a)(9)............................................ No..................................

63.1(a)(10).................................................... No.................................. Subparts F, G, and H specify calendar or

operating day.

63.1(a)(11).................................................... No.................................. Subpart F Sec. 63.103(d) specifies acceptable

methods for submitting reports.a

63.1 (a)(12)--(a)(14).......................................... Yes.................................

63.1(b)(1)..................................................... No.................................. Subpart F specifies applicability.

63.1(b)(2)..................................................... Yes.................................

63.1(b)(3)..................................................... No..................................

63.1(c)(1)..................................................... No.................................. Subpart F specifies applicability.

63.1(c)(2)..................................................... No.................................. Area sources are not subject to subparts F, G,

and H.

63.1(c)(3)..................................................... No..................................

63.1(c)(4)..................................................... Yes.................................

63.1(c)(5)..................................................... No.................................. Subparts G and H specify applicable notification

requirements.

63.1(d)........................................................ No..................................

63.1(e)........................................................ No.................................. Subparts F, G, and H established before permit

program.

63.2........................................................... Yes................................. Subpart F Sec. 63.101(a) specifies those subpart

A definitions that apply to the HON. Subpart F

definition of ``source'' is equivalent to

subpart A definition of ``affected source.''

63.3........................................................... No.................................. Units of measure are spelled out in subparts F,

G, and H.

63.4 (a)(1)--(a)(3)............................................ Yes.................................

63.4(a)(4)..................................................... No.................................. This is a reserved paragraph in subpart A of part

63.

63.4(a)(5)..................................................... Yes.................................

63.4(b)........................................................ Yes.................................

63.4(c)........................................................ Yes.................................

63.5(a)(1)..................................................... Yes................................. Except the terms ``source'' and ``stationary

source'' in Sec. 63.5(a)(1) should be

interpreted as having the same meaning as

``affected source.''

[[Page 2738]]

63.5(a)(2)..................................................... Yes.................................

63.5(b)(1)..................................................... Yes................................. Except Sec. 63.100(l) defines when construction

or reconstruction is subject to standards for

new sources.

63.5(b)(2)..................................................... No.................................. This is a reserved paragraph in subpart A of part

63.

63.5(b)(3)..................................................... Yes.................................

63.5(b)(4)..................................................... Yes................................. Except the cross reference to Sec. 63.9(b) is

limited to Sec. 63.9(b) (4) and (5). Subpart F

overrides Sec. 63.9 (b)(1) through (b)(3).

63.5(b)(5)..................................................... Yes.................................

63.5(b)(6)..................................................... Yes................................. Except Sec. 63.100(l) defines when construction

or reconstruction is subject to standards for

new sources.

63.5(c)........................................................ No.................................. This is a reserved paragraph in subpart A of part

63.

63.5(d)(1)(i).................................................. No.................................. For subpart G, see Sec. 63.151(b) (2)(ii) and

(2)(iii) for the applicability and timing of

this submittal; for subpart H, see Sec.

63.182(b) (2)(ii) and (b)(2)(iii) for

applicability and timing of this submittal.

63.5(d)(1)(ii)................................................. Yes................................. Except Sec. 63.5(d)(1)(ii)(H) does not apply.

63.5(d)(1)(iii)................................................ No.................................. Subpart G requires submittal of the Notification

of Compliance Status in Sec. 63.152(b); subpart

H specifies requirements in Sec. 63.182(c).

63.5(d)(2)..................................................... No..................................

63.5(d)(3)..................................................... Yes--subpart G No--subpart H........ Except Sec. 63.5(d)(3)(ii) does not apply to

subpart G.

63.5(d)(4)..................................................... Yes.................................

63.5(e)........................................................ Yes.................................

63.5(f)(1)..................................................... Yes.................................

63.5(f)(2)..................................................... Yes................................. Except the cross-reference to Sec. 63.5(d)(1) is

changed to Sec. 63.151(b)(2)(ii) of subpart G

and to Sec. 63.182(b)(2)(ii) of subpart H. The

cross-reference to Sec. 63.5(b)(2) does not

apply.

63.6(a)........................................................ Yes.................................

63.6(b)(1)..................................................... No.................................. Subparts F and H specify compliance dates for

sources subject to subparts F, G, and H.

63.6(b)(2)..................................................... No..................................

63.6(b)(3)..................................................... Yes.................................

63.6(b)(4)..................................................... No.................................. May apply when standards are proposed under

Section 112(f) of the Clean Air Act.

63.6(b)(5)..................................................... No.................................. Subparts G and H include notification

requirements.

63.6(b)(6)..................................................... No..................................

63.6(b)(7)..................................................... No..................................

63.6(c)(1)..................................................... No.................................. Subpart F specifies the compliance dates for

subparts G and H.

63.6(c)(2)..................................................... No..................................

63.6(c)(3)..................................................... No..................................

63.6(c)(4)..................................................... No..................................

63.6(c)(5)..................................................... Yes.................................

63.6(d)........................................................ No..................................

63.6(e)........................................................ Yes................................. Except as otherwise specified for individual

paragraphs. Does not apply to Group 2 emission

points unless they are included in an emissions

average.b

63.6(e)(1)(i).................................................. No.................................. This is addressed by Sec. 63.102(a)(4) of

subpart F.

63.6(e)(1)(ii)................................................. Yes.................................

63.6(e)(1)(iii)................................................ Yes.................................

63.6(e)(2)..................................................... Yes.................................

63.6(e)(3)(i).................................................. Yes................................. For subpart H, the startup, shutdown, and

malfunction plan requirement of Sec.

63.6(e)(3)(i) 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.

63.6(e)(3)(i)(A)............................................... No.................................. This is addressed by Sec. 63.102(a)(4).

63.6(e)(3)(i)(B)............................................... Yes.................................

63.6(e)(3)(i)(C)............................................... Yes.................................

63.6(e)(3)(ii)................................................. Yes.................................

63.6(e)(3)(iii)................................................ No.................................. Recordkeeping and reporting are specified in Sec.

63.103(c)(2) of subpart F and Sec.

63.152(d)(1) of subpart G.

63.6(e)(3)(iv)................................................. No.................................. Recordkeeping and reporting are specified in Sec.

63.103(c)(2) of subpart F and Sec.

63.152(d)(1) of subpart G.

63.6(e)(3)(v).................................................. No.................................. Records retention requirements are specified in

Sec. 63.103(c).

63.6(e)(3)(vi)................................................. Yes.................................

63.6(e)(3)(vii)................................................ Yes.................................

63.6(e)(3)(vii)(A)............................................. Yes.................................

63.6(e)(3)(vii)(B)............................................. Yes................................. Except the plan must provide for operation in

compliance with Sec. 63.102(a)(4).

63.6(e)(3)(vii)(C)............................................. Yes.................................

63.6(e)(3)(viii)............................................... Yes.................................

63.6(f)(1)..................................................... No.................................. Sec. 63.102(a) of subpart F specifies when the

standards apply.

[[Page 2739]]

63.6(f)(2)(i).................................................. Yes.................................

63.6(f)(2)(ii)................................................. Yes--subpart G No--subpart H........ Sec. 63.152(c)(2) of subpart G specifies the use

of monitoring data in determining compliance

with subpart G.

63.6(f)(2)(iii) (A), (B), and (C).............................. Yes.................................

63.6(f)(2)(iii)(D)............................................. No..................................

63.6(f)(2)(iv)................................................. Yes.................................

63.6(f)(2)(v).................................................. Yes.................................

63.6(f)(3)..................................................... Yes.................................

63.6(g)........................................................ No.................................. Procedures specified in Sec. 63.102(b) of

subpart F.

63.6(h)........................................................ No..................................

63.6(i)(1)..................................................... Yes.................................

63.6(i)(2)..................................................... Yes.................................

63.6(i)(3)..................................................... No.................................. For subpart G, Sec. 63.151(a)(6) specifies

procedures; for subpart H, Sec. 63.182(a)(6)

specifies procedures.

63.6(i)(4)(i)(A)............................................... Yes.................................

63.6(i)(4)(i)(B)............................................... No.................................. Dates are specified in Sec. 63.151(a)(6)(i) of

subpart G and Sec. 63.182(a)(6)(i) of subpart

H.

63.6(i)(4)(ii)................................................. No..................................

63.6(i) (5)--(14).............................................. Yes.................................

63.6(i)(15).................................................... No..................................

63.6(i)(16).................................................... Yes.................................

63.6(j)........................................................ Yes.................................

63.7(a)(1)..................................................... No.................................. Subparts F, G, and H specify required testing and

compliance demonstration procedures.

63.7(a)(2)..................................................... No.................................. For subpart G, test results must be submitted in

the Notification of Compliance Status due 150

days after compliance date, as specified in Sec.

63.152(b); for subpart H, all test results

subject to reporting are reported in periodic

reports.

63.7(a)(3)..................................................... Yes.................................

63.7(b)........................................................ No..................................

63.7(c)........................................................ No..................................

63.7(d)........................................................ Yes.................................

63.7(e)(1)..................................................... Yes.................................

63.7(e)(2)..................................................... Yes.................................

63.7(e)(3)..................................................... No.................................. Subparts F, G, and H specify test methods and

procedures.

63.7(e)(4)..................................................... Yes.................................

63.7(f)........................................................ No.................................. Subparts F, G, and H specify applicable methods

and provide alternatives.

63.7(g)........................................................ No.................................. Performance test reporting specified in Sec.

63.152(b) of subpart G: Not applicable to

subpart H because no performance test required

by subpart H.

63.7(h)(1)..................................................... Yes.................................

63.7(h)(2)..................................................... Yes.................................

63.7(h)(3)..................................................... No.................................. Sec. 63.103(b)(5) of subpart F specifies

provisions for requests to waive performance

tests.

63.7(h)(4)..................................................... No..................................

63.7(h)(5)..................................................... Yes.................................

63.8(a)(1)..................................................... Yes.................................

63.8(a)(2)..................................................... No..................................

63.8(a)(3)..................................................... No..................................

63.8(a)(4)..................................................... Yes.................................

63.8(b)(1)..................................................... Yes.................................

63.8(b)(2)..................................................... No.................................. Subparts G and H specify locations to conduct

monitoring.

63.8(b)(3)..................................................... Yes.................................

63.8(c)(1)(i).................................................. Yes.................................

63.8(c)(1)(ii)................................................. No.................................. For subpart G, submit as part of periodic report

required by Sec. 63.152(c); for subpart H,

retain as required by Sec. 63.181(g)(2)(ii).

63.8(c)(1)(iii)................................................ Yes.................................

63.8(c)(2)..................................................... Yes.................................

63.8(c)(3)..................................................... Yes.................................

63.8(c)(4)..................................................... No.................................. Subpart G specifies monitoring frequency by kind

of emission point and control technology used

(e.g., Sec. 63.111, Sec. 63.120(d)(2), Sec.

63.143, and Sec. 63.152(f)); subpart H does not

require use of continuous monitoring systems.

63.8 (c)(5)-(c)(8)............................................. No..................................

63.8(d)........................................................ No..................................

63.8(e)........................................................ No..................................

63.8 (f)(1)-(f)(3)............................................. Yes.................................

63.8(f)(4)(i).................................................. No.................................. Timeframe for submitting request specified in

Sec. 63.151(f) or (g) of subpart G; not

applicable to subpart H because subpart H

specifies acceptable alternative methods.

[[Page 2740]]

63.8(f)(4)(ii)................................................. Yes.................................

63.8(f)(4)(iii)................................................ No..................................

63.8(f)(5)(i).................................................. Yes.................................

63.8(f)(5)(ii)................................................. No..................................

63.8(f)(5)(iii)................................................ Yes.................................

63.8(f)(6)..................................................... No.................................. Subparts G and H do not require continuous

emission monitoring.

63.8(g)........................................................ No.................................. Data reduction procedures specified in Sec.

63.152(f) and (g) of subpart G; not applicable

to subpart H.

63.9(a)........................................................ Yes.................................

63.9(b)(1)..................................................... No.................................. Specified in Sec. 63.151(b)(2) of subpart G;

specified in Sec. 63.182(b) of subpart H.

63.9(b)(2)..................................................... No.................................. Initial Notification provisions are specified in

Sec. 63.151(b) of subpart G; in Sec. 63.182(b)

of subpart H.

63.9(b)(3)..................................................... No..................................

63.9(b)(4)..................................................... Yes................................. Except that the notification in Sec.

63.9(b)(4)(i) shall be submitted at the time

specified in Sec. 63.151(b)(2)(ii) of subpart

G; in Sec. 63.182(b)(2) of subpart H.

63.9(b)(5)..................................................... Yes................................. Except that the notification in Sec. 63.9(b)(5)

shall be submitted at the time specified in Sec.

63.151(b)(2)(ii) of subpart G; in Sec. 63.182

(b)(2) of subpart H.

63.9(c)........................................................ Yes.................................

63.9(d)........................................................ Yes.................................

63.9(e)........................................................ No..................................

63.9(f)........................................................ No..................................

63.9(g)........................................................ No..................................

63.9(h)........................................................ No.................................. Sec. 63.152(b) of subpart G and Sec. 63.182 (c)

of subpart H specify Notification of Compliance

Status requirements.

63.9(i)........................................................ Yes.................................

63.9(j)........................................................ No..................................

63.10(a)....................................................... Yes.................................

63.10(b)(1).................................................... No.................................. Sec. 63.103(c) of subpart F specifies record

retention requirements.

63.10(b)(2).................................................... No.................................. Sec. 63.103(c) of subpart F specifies required

records.

63.10(b)(3).................................................... No..................................

63.10(c)....................................................... No..................................

63.10(d)(1).................................................... No..................................

63.10(d)(2).................................................... No.................................. Sec. 63.152(b) of subpart G specifies

performance test reporting; not applicable to

subpart H.

63.10(d)(3).................................................... No..................................

63.10(d)(4).................................................... Yes.................................

63.10(d)(5).................................................... Yes................................. Except that reports required by Sec. 63.10(d)(5)

shall be submitted at the time specified in Sec.

63.152(d) of subpart G and in Sec. 63.182(d)

of subpart H.

63.10(e)....................................................... No..................................

63.10(f)....................................................... Yes.................................

63.11-63.15.................................................... Yes ................................

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

a Wherever subpart A specifies ``postmark'' dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals

shall be sent by the specified dates, but a postmark is not necessarily required.

b The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points unless they are included in an

emissions average.

Table 4. to Subpart F.--Organic Hazardous Air Pollutants Subject to

Cooling Tower Monitoring Requirements in Sec. 63.104

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

CAS Number

Chemical name a

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

Acetaldehyde............................................... 75070

Acetonitrile............................................... 75058

Acetophenone............................................... 98862

Acrolein................................................... 107028

Acrylonitrile.............................................. 107131

Allyl chloride............................................. 107051

Aniline.................................................... 62533

Anisidine (o-)............................................. 90040

Benzene.................................................... 71432

Benzyl chloride............................................ 100447

Biphenyl................................................... 92524

Bromoform.................................................. 75252

Butadiene (1,3-)........................................... 106990

Carbon disulfide........................................... 75150

[[Page 2741]]

Carbon tetrachloride....................................... 56235

Chloroacetophenone (2-).................................... 532274

Chlorobenzene.............................................. 108907

2-Chloro-1,3-butadiene (Chloroprene)....................... 126998

Chloroform................................................. 67663

Cresol and cresylic acid (o-).............................. 95487

Cresol and cresylic acid (m-).............................. 108394

Cresol and cresylic acid (p-).............................. 106445

Cumene..................................................... 98828

Dichlorobenzene (p-)....................................... 106467

Dichlorobenzidine (3,3'-).................................. 91941

Dichloroethane (1,2-) (Ethylene dichloride) (EDC).......... 107062

Dichloroethyl ether (Bis(2-chloroethyl)ether).............. 111444

Dichloropropene (1,3-)..................................... 542756

Diethylene glycol diethyl ether............................ 112367

Diethylene glycol dimethyl ether........................... 111966

Diethyl sulfate............................................ 64675

Dimethylaniline (N,N-)..................................... 121697

Dimethylhydrazine (1,1-)................................... 57147

Dimethyl phthalate......................................... 131113

Dimethyl sulfate........................................... 77781

Dinitrophenol (2,4-)....................................... 51285

Dinitrotoluene (2,4-)...................................... 121142

Dioxane (1,4-) (1,4-Diethyleneoxide)....................... 123911

Epichlorohydrin (1-Chloro-2,3-epoxypropane)................ 106898

Ethyl acrylate............................................. 140885

Ethylbenzene............................................... 100414

Ethyl chloride (Chloroethane).............................. 75003

Ethylene dibromide (Dibromoethane)......................... 106934

Ethylene glycol dimethyl ether............................. 110714

Ethylene glycol monobutyl ether............................ 111762

Ethylene glycol monobutyl ether acetate.................... 112072

Ethylene glycol monoethyl ether acetate.................... 111159

Ethylene glycol monoethyl ether............................ 110805

Ethylene glycol monomethyl ether........................... 109864

Ethylene glycol monomethyl ether acetate................... 110496

Ethylene glycol monopropyl ether........................... 2807309

Ethylene oxide............................................. 75218

Ethylidene dichloride (1,1-Dichloroethane)................. 75343

Formaldehyde............................................... 50000

Hexachlorobenzene.......................................... 118741

Hexachlorobutadiene........................................ 87683

Hexachloroethane........................................... 67721

Hexane..................................................... 110543

Isophorone................................................. 78591

Methanol................................................... 67561

Methyl bromide (Bromomethane).............................. 74839

Methyl chloride (Chloromethane)............................ 74873

Methyl ethyl ketone (2-Butanone)........................... 78933

Methyl hydrazine........................................... 60344

Methyl isobutyl ketone (Hexone)............................ 108101

Methyl methacrylate........................................ 80626

Methyl tert-butyl ether.................................... 1634044

Methylene chloride (Dichloromethane)....................... 75092

Methylenedianiline (4,4'-)................................. 101779

Naphthalene................................................ 91203

Nitrobenzene............................................... 98953

Nitropropane (2-).......................................... 79469

Phenol..................................................... 108952

Phenylenediamine (p-)...................................... 106503

Phosgene................................................... 75445

Propionaldehyde............................................ 123386

Propylene dichloride (1,2-Dichloropropane)................. 78875

Propylene oxide............................................ 75569

Quinone.................................................... 106514

Styrene.................................................... 100425

Tetrachloroethane (1,1,2,2-)............................... 79345

Tetrachloroethylene (Perchloroethylene).................... 127184

Toluene.................................................... 108883

Toluidine (o-)............................................. 95534

[[Page 2742]]

Trichlorobenzene (1,2,4-).................................. 120821

Trichloroethane (1,1,1-) (Methyl chloroform)............... 71556

Trichloroethane (1,1,2-) (Vinyl trichloride)............... 79005

Trichloroethylene.......................................... 79016

Trichlorophenol (2,4,5-)................................... 95954

Triethylamine.............................................. 121448

Trimethylpentane (2,2,4-).................................. 540841

Vinyl acetate.............................................. 108054

Vinyl chloride (chloroethylene)............................ 75014

Vinylidene chloride (1,1-Dichloroethylene)................. 75354

Xylene (m-)................................................ 108383

Xylene (o-)................................................ 95476

Xylene (p-)................................................ 106423

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

a CAS Number=Chemical Abstract Service number.

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

8. Section 63.110 is amended by adding paragraphs (d)(10) and (h)

and by revising paragraph (e)(1) to read as follows:

Sec. 63.110 Applicability.

* * * * *

(d) * * *

(10) As an alternative to the requirements of paragraphs (d)(2),

(d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as

applicable, if a chemical manufacturing process unit has equipment

subject to the provisions of this subpart and equipment subject to the

provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or

operator may elect to apply this subpart to all such equipment in the

chemical manufacturing process unit. If the owner or operator elects

this method of compliance, all total organic compounds minus methane

and ethane, in such equipment shall be considered for purposes of

applicability and compliance with this subpart, as if they were organic

hazardous air pollutants. Compliance with the provisions of this

subpart, in the manner described in this paragraph, shall be deemed to

constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as

applicable.

(e) * * *

(1) After the compliance dates specified in Sec. 63.100 of subpart

F of this part, the owner or operator of a Group 1 or Group 2

wastewater stream that is also subject to the provisions of 40 CFR part

61, subpart FF is required to comply with the provisions of both this

subpart and 40 CFR part 61, subpart FF. Alternatively, the owner or

operator may elect to comply with the provisions of paragraphs

(e)(1)(i) and (e)(1)(ii) of this section, which shall constitute

compliance with the provisions of 40 CFR part 61, subpart FF.

(i) Comply with the provisions of this subpart; and

(ii) For any Group 2 wastewater stream or organic stream whose

benzene emissions are subject to control through the use of one or more

treatment processes or waste management units under the provisions of

40 CFR part 61, subpart FF on or after December 31, 1992, comply with

the requirements of this subpart for Group 1 wastewater streams.

* * * * *

(h) Overlap with other regulations for monitoring, recordkeeping,

or reporting with respect to combustion devices, recovery devices, or

recapture devices. After the compliance dates specified in Sec. 63.100

of subpart F of this part, if any combustion device, recovery device,

or recapture device subject to this subpart is also subject to

monitoring, recordkeeping, and reporting requirements in 40 CFR part

264, subpart AA or CC, or is subject to monitoring and recordkeeping

requirements in 40 CFR part 265, subpart AA or CC and the owner or

operator complies with the periodic reporting requirements under 40 CFR

part 264, subpart AA or CC that would apply to the device if the

facility had final-permitted status, the owner or operator may elect to

comply either with the monitoring, recordkeeping, and reporting

requirements of this subpart, or with the monitoring, recordkeeping,

and reporting requirements in 40 CFR parts 264 and/or 265, as described

in this paragraph, which shall constitute compliance with the

monitoring, recordkeeping, and reporting requirements of this subpart.

The owner or operator shall identify which option has been selected in

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

9. Section 63.111 is amended by redesignating ``average

concentration'' as ``annual average concentration'' and ``average flow

rate'' as ``annual average flow rate''; revising the definition for

``boiler''; adding the definition for ``chemical manufacturing process

unit''; adding the definition for ``closed biological treatment

process''; revising the definitions for ``closed vent system,''

``combustion device,'' ``continuous record,'' ``continuous seal,''

``control device,'' and ``cover''; adding the definition for ``enhanced

biological treatment system or enhanced biological treatment process'';

revising the definitions for ``flame zone'' and ``flow indicator'';

adding the definitions for ``fuel gas'' and ``fuel gas system'';

revising the definitions for ``Group 1 wastewater stream,''

``individual drain system,'' and ``junction box''; removing the

definition for ``mass flow rate''; revising the definition for

``metallic shoe seal or mechanical shoe seal''; adding the definition

for ``open biological treatment process''; removing the definition for

``point of generation''; adding the definition for ``point of

determination''; revising the definition for ``process unit,'' adding

the definition for ``recapture device''; revising the definitions for

``recovery device,'' ``reference control technology for process

vents,'' ``reference control technology for transfer racks,''

``reference control technology for wastewater'' and ``residual'';

revising the definition for ``specific gravity monitoring device'';

adding the definitions for ``Table 8 compound'' and ``Table 9

compound''; revising the definition for ``temperature monitoring

[[Page 2743]]

device''; removing the definitions for ``total volatile organic

hazardous air pollutant concentration,'' ``volatile organic

concentration or VO concentration,'' and ``volatile organic hazardous

air pollutant concentration or VOHAP concentration''; and revising the

definition of ``waste management unit'' to read as follows:

Sec. 63.111 Definitions.

* * * * *

Annual average concentration * * *

Annual average flow rate * * *

Boiler means any enclosed combustion device that extracts useful

energy in the form of steam and is not an incinerator. Boiler also

means any industrial furnace as defined in 40 CFR 260.10.

* * * * *

Chemical manufacturing process unit means the equipment assembled

and connected by pipes or ducts to process raw materials and to

manufacture an intended product. A chemical manufacturing process unit

consists of more than one unit operation. For the purpose of this

subpart, chemical manufacturing process unit includes air oxidation

reactors and their associated product separators and recovery devices;

reactors and their associated product separators and recovery devices;

distillation units and their associated distillate receivers and

recovery devices; associated unit operations; associated recovery

devices; and any feed, intermediate and product storage vessels,

product transfer racks, and connected ducts and piping. A chemical

manufacturing process unit includes pumps, compressors, agitators,

pressure relief devices, sampling connection systems, open-ended valves

or lines, valves, connectors, instrumentation systems, and control

devices or systems. A chemical manufacturing process unit is identified

by its primary product.

Closed biological treatment process means a tank or surface

impoundment where biological treatment occurs and air emissions from

the treatment process are routed to either a control device by means of

a closed vent system or to a fuel gas system by means of hard-piping.

The tank or surface impoundment has a fixed roof, as defined in

Sec. 63.111 of this subpart, or a floating flexible membrane cover that

meets the requirements specified in Sec. 63.134 of this subpart.

Closed-vent system means a system that is not open to the

atmosphere and is composed of piping, ductwork, connections, and, if

necessary, flow inducing devices that transport gas or vapor from an

emission point to a control device.

Combustion device means an individual unit of equipment, such as a

flare, incinerator, process heater, or boiler, used for the combustion

of organic hazardous air pollutant emissions.

* * * * *

Continuous record means documentation, either in hard copy or

computer readable form, of data values measured at least once every 15

minutes and recorded at the frequency specified in Sec. 63.152(f) or

Sec. 63.152(g) of this subpart.

* * * * *

Continuous seal means a seal that forms a continuous closure that

completely covers the space between the wall of the storage vessel a

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