# 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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-143

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** January 17, 1997
- **Citation:** 62 FR 2722

## Text

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:

------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry............................... Synthetic organic chemical
manufacturing industry (SOCMI)
units, e.g., producers of
benzene, toluene, or any other
chemical listed in Table 1 of
40 CFR part 63, subpart F.
------------------------------------------------------------------------

This table is not intended to be exhaustive but, rather, provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. Entities
potentially regulated by the HON are those which produce as primary
intended products any of the chemicals listed in table 1 of 40 CFR part
63, subpart F and are located at facilities that are major sources as
defined in section 112 of the Clean Air Act (CAA). To determine whether
your facility is regulated by this action, you should carefully examine
all of the applicability criteria in 40 CFR 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)....................

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-143. Public record. Not legal advice.