National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production

Federal RegisterSep 4, 1997

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SUMMARY: The proposed rule will reduce emissions of hazardous air

pollutants (HAP) from existing and new facilities that manufacture

polyether polyols and are located at major source plant sites.

Polyether polyols are used to make a variety of products. Urethane

grade polyether polyols are used as raw material in the production of

polyurethanes, including slabstock and molded flexible foams, rigid

foams, and other polyurethanes including microcellular products,

surface coatings, elastomers, fibers, adhesives, and sealants.

Nonurethane polyether polyols are used as surfactants, lubricants,

degreasing agents, hydraulic fluids, cosmetics, and pharmaceuticals.

In the production of these polyols, HAP are used primarily as

reactants or extraction solvents. The HAP emitted by the facilities

covered by this proposed rule include ethylene oxide (EO), propylene

oxide (PO), hexane, toluene, and incidental emissions of several other

HAP. Some of these pollutants are considered to be probable human

carcinogens when inhaled and all can cause toxic effects following

exposure. The proposed rule is estimated to reduce emissions of these

pollutants by 1,810 Mg/yr. Because all of the pollutants are also

volatile organic compounds (VOC), which are precursors to ambient

ozone, the proposed rule would aid in the reduction of tropospheric

ozone.

The emission reductions achieved by these standards when combined

with the emission reductions achieved by other similar standards, will

achieve the primary goal of the Clean Air Act, which is to ``enhance

the quality of the Nation's air resources so as to promote the public

health and welfare and the productive capacity of its population.'' The

intent of this rule is to protect the public by requiring the maximum

degree of reduction in emissions of HAP from new and existing major

sources, taking into consideration the cost of achieving such emission

reduction, and any non-air quality, health and environmental impacts,

and energy requirements.

DATES: Comments. Comments must be received on or before November 3,

1997.

Public Hearing. If anyone contacts EPA requesting to speak at a

public hearing by September 25, 1997, a public hearing will be held in

Research Triangle Park, North Carolina on October 6, 1997, beginning at

10 a.m. Persons interested in attending the hearing should call Ms.

Maria Noell at (919) 541-5607 to verify that a hearing will be held.

Request to Speak at Hearing. Persons wishing to present oral

testimony must contact EPA by September 25, 1997 by contacting Ms.

Maria Noell, Organic Chemicals Group (MD-13), U.S. Environmental

Protection Agency, Research Triangle Park, North Carolina 27711,

telephone number (919) 541-5607.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if

possible) to the Air and Radiation Docket and Information Center

(6102), Attention: Docket No. A-96-38, U.S. Environmental Protection

Agency, 401 M Street SW, Washington, DC 20460. The EPA requests that a

separate copy also be sent to the contact person listed under the FOR

FURTHER INFORMATION CONTACT section. Comments and data may also be

submitted electronically by following the instructions provided in the

SUPPLEMENTARY INFORMATION section. No Confidential Business Information

(CBI) should be submitted through electronic mail.

Public Hearing. The public hearing, if requested, will be held at

the EPA's Office of Administration Auditorium, Research Triangle Park,

North Carolina.

Docket. The official record for this rulemaking, as well as the

public version, has been established under Docket No. A-96-38

(including comments and data submitted electronically as described

above). A public version of this record, including printed, paper

versions of electronic comments and data, which does not include any

information claimed as CBI, is available for inspection from 8 a.m. to

4 p.m., Monday through Friday, excluding legal holidays. The official

rulemaking docket is located at the address in the ADDRESSES section

above. Alternatively, a docket index, as well as individual items

contained within the docket, may be obtained by calling (202) 260-7548.

A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the

proposed rule, contact Mr. David Svendsgaard at (919) 541-2380, Organic

Chemicals Group, Emission Standards Division (MD-13), U.S.

Environmental Protection Agency, Research Triangle Park, North Carolina

27711.

SUPPLEMENTARY INFORMATION: Electronic Filing. Electronic comments can

be sent directly to the EPA at: [email protected].

Electronic comments and data must be submitted as an ASCII file

avoiding the use of special characters and any form of encryption.

Comments and data will also be accepted on disks in WordPerfect 5.1 or

6.1 file format or ASCII file format. All comments and data in

electronic form must be identified by the docket number A-96-38.

Electronic comments may be filed online at many Federal Depository

Libraries.

Regulated entities. Entities potentially regulated by this action

upon promulgation are polyether polyols production facilities.

Regulated categories and entities include:

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

Examples of regulated

Category entities

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

Industry.................................. Producers of polyether

polyols.

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

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

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

could potentially be regulated by this action. Other types of entities

not listed in the table could also be regulated. To determine whether

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

the applicability criteria in Sec. 63.1420 of the proposed rule. If you

have questions regarding the applicability of this action to a

particular entity, consult the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

In addition to its inclusion in this notice, the regulatory text is

available in Docket No. A-96-38, or from the EPA contact person

designated in this notice. The proposed regulatory language is also

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

electronic bulletin boards. The TTN provides information and technology

exchange in various areas of air pollution control. The service is

free, except for the cost of a telephone call. Dial (919) 541-5742 for

up to a 14,400 bps modem. For further information, call the TTN HELP

line at (919) 541-5384, from 1 p.m. to 5 p.m., Monday through Friday,

or access the TTN Web site at: http://ttnwww.rtpnc.epa.gov.

[[Page 46805]]

The Basis and Purpose Document, which contains the rationale for

the various components of the standard, is available in the docket and

on the TTN. This document is entitled Hazardous Air Pollutant Emissions

from the Production of Polyether Polyols--Basis and Purpose Document

for Proposed Standards, May 1997, and has been assigned document number

EPA-453/R-97-003a.

Other materials related to this rulemaking are also available for

review in the docket. Some of the technical memoranda have been

compiled into a single document, the Supplementary Information Document

(SID), to allow interested parties more convenient access to the

information. The SID is entitled Hazardous Air Pollutant Emissions from

the Production of Polyether Polyols--Supplementary Information Document

for Proposed Standards, May 1997, and has been assigned document number

EPA-453/R-97-003c.

The information presented in this preamble is organized as follows:

I. List of Source Categories

II. A Summary of Considerations Made in Developing This Standard

III. Authority for National Emission Standards for Hazardous Air

Pollutants Decision Process

A. Source of Authority for NESHAP Development

B. Criteria for Development of NESHAP

IV. Summary of Proposed Standard

A. Source Category to be Regulated

B. Relationship to Other Rules

C. Pollutants to be Regulated

D. Affected Emission Points

E. Format of the Standards

F. Proposed Standards

G. Recordkeeping and Reporting Requirements

V. Discussion of Major Issues

VI. Summary of Environmental, Energy, Cost and Economic Impacts

A. Facilities Affected by These NESHAP

B. Primary Air Impacts

C. Other Environmental Impacts

D. Energy Impacts

E. Cost Impacts

F. Economic Impacts

VII. Administrative Requirements

A. Public Hearing

B. Docket

C. Executive Order 12866

D. Enhancing the Intergovernmental Partnership Under Executive

Order 12875

E. Paperwork Reduction Act

F. Regulatory Flexibility Act

G. Unfunded Mandates Reform Act

H. Miscellaneous

I. List of Source Categories

The EPA identified a total of approximately 84 plant sites

producing polyether polyols. Of the 84 facilities, 78 are considered in

the analysis supporting this proposed rule, and are believed to be

major sources according to the 1990 Amendments criterion of having the

potential to emit 10 tons per year of any one HAP or 25 tons per year

of combined HAP. The proposed rule would apply to all major sources

that produce polyether polyols. Area sources would not be subject to

this proposed rule.

In developing the background information to support the proposed

rule, the EPA decided it was appropriate to subcategorize the source

category for purposes of analyzing the maximum achievable control

technology (MACT) floors and regulatory alternatives. The subcategories

are: Polyether polyols made from the polymerization of epoxides; and

polyether polyols made from the polymerization of tetrahydrofuran

(THF). (An ``epoxide'' is a chemical compound consisting of a three-

membered cyclic ether. Ethylene oxide and propylene oxide are the only

epoxides that are listed as HAP under section 112(b) of the Clean Air

Act.) Subcategorization was necessary due to the distinctively

different nature of the epoxide and THF processes and its effect on the

applicability of controls. One noteworthy distinction between the two

subcategories is that the first group, polyols made with epoxides, uses

a HAP as the monomer, whereas the second group does not use a HAP

monomer. Additionally, the first group performs the reaction primarily

on a batch basis, while the second group, polyols made with THF,

performs the reaction on a continuous basis. Although the level of the

proposed standard is identical for wastewater, storage vessels, and

equipment leaks, the technical analyses were conducted separately for

each subcategory to determine the appropriate level of the standard.

The Agency obtained data from facilities that make polyether

products by polymerizing a compound having multiple reactive hydrogen

atoms, resulting in the formation of a ``polyol,'' and from facilities

that make polyethers by polymerizing a compound with a single reactive

hydrogen, which forms a ``mono-ol.'' The Agency then investigated the

distinctions between the production units and the emissions controls

for products from these two groups. The Agency found no fundamental

difference between the processes, the chemistry, the emissions, or the

types of control equipment. Further, many producers use the same

process equipment to produce polyols and mono-ols, yet they generically

refer to both types of products as ``polyols.'' Therefore, for the

purposes of this regulation, the Agency intends the term ``polyether

polyols'' to represent both polyether polyols and polyether mono-ols.

II. Summary of Considerations Made in Developing This Standard

The Clean Air Act was created in part ``to protect and enhance the

quality of the Nation's air resources so as to promote the public

health and welfare and the productive capacity of its population''

(Clean Air Act, section 101(b)(1)). Available emission data, collected

during the development of these proposed National Emission Standards

for Hazardous Air Pollutants (NESHAP), show that the primary pollutants

emitted by polyether polyols production that are listed in Section

112(b)(1) are ethylene oxide (EO), propylene oxide (PO), hexane and

toluene and other incidental HAP. The proposed emission limits are

projected to reduce HAP emissions by 47 percent from both

subcategories. All reported HAP from polyether polyol producers are

volatile organic compounds (VOC), therefore, this regulation is

projected to reduce VOC emissions by 1,810 megagram per year (Mg/yr).

The following is a summary of the potential health effects associated

with exposure to these HAP that would be reduced by the standard.

Acute (short-term) exposure to high concentration of ethylene oxide

in air can cause nausea, vomiting, neurological disorders, and even

death. Lower concentrations may irritate the eyes, skin, and lungs.

Chronic (long-term) exposure to EO irritates the eyes, skin, and mucous

membranes and impairs central nervous system (CNS) function. Inhalation

exposure may increase miscarriage rates in workers, and animal studies

have shown adverse reproductive effects in males and females.

Developmental effects, such as malformations and decreased fetal weight

have been noted in animals. Long-term exposure to high levels of EO (c.

7000 ppm or more) may lead to cataracts in humans. Limited data exist

suggesting elevated rates of leukemia, stomach and pancreatic cancer,

and Hodgkin's disease in workers exposed to EO by inhalation; animal

studies indicate that inhalation of EO causes lung and uterine tumors.

EPA has classified EO as a Group B1 (probable) human carcinogen.

Acute exposure of workers to PO has been linked to CNS effects such

as headache, weakness, loss or coordination, and coma. Propylene oxide

also irritates the eyes and respiratory tract, causing coughing and

difficulty in breathing, possibly leading

[[Page 46806]]

to pulmonary edema and pneumonia. No adverse health effects from

chronic PO exposure in humans have been reported. Chronic animal

studies have reported neurological disorders and inflammatory lesions

of the nasal cavity, trachea, and lungs. EPA has classified PO as a

Group B2 (probable) human carcinogen on the basis of nasal tumors

observed in rodents exposed by inhalation.

Acute inhalation of toluene by humans may cause CNS effects such as

fatigue, headache, and nausea, as well as irregular heartbeat. Repeated

exposure to high concentrations may induce loss of coordination,

tremors, decreased brain size, and involuntary eye movements, and may

impair speech, hearing, and vision. Chronic exposure to toluene in

humans has also been reported to irritate the skin, eyes, and

respiratory tract, and to cause dizziness, headaches, and difficulty

with sleep. Children exposed to toluene before birth may suffer nervous

system dysfunction, attention deficits, and minor face and limb

defects. Inhalation of toluene by pregnant women may increase the risk

of spontaneous abortion. Because data are inadequate to assess

potential cancer risk the EPA has classified toluene in Group D, not

classifiable as to human carcinogenicity.

Acute exposure by humans to high levels of hexane causes mild CNS

depression and irritation of the skin and mucous membranes. Nervous

system effects include dizziness, nausea, and headaches. Chronic

exposure to hexane is associated with numbness in the extremities,

muscular weakness, blurred vision, headache, and fatigue. No

information is available on reproductive or developmental effects of

hexane exposure in humans, but inhalation studies have reported

testicular damage. Because data are inadequate to assess potential

cancer risk, the EPA has classified hexane in Group D, not classifiable

as to human carcinogenicity.

The effects of these HAP vary in severity based on the level and

length of exposure and are influenced by source-specific

characteristics such as emission rates and local meteorological

conditions. Health impacts are also dependent on multiple factors that

affect human variability such as genetics, age, health status (e.g.,

presence of pre-existing disease) and lifestyle. The EPA does not have

sufficient detailed data to conduct an intensive analysis to determine

the actual population exposures to the HAP and resulting health effects

around these facilities. This rule is technology-based; i.e., based on

maximum achievable control technology. In addition, it is not a

``significant'' rule as defined by Executive Order 12866, and a

benefits analysis is not required. Considering these factors, the EPA

chose not to expend the resources required to collect additional data

and conduct an intensive health impacts analysis. Therefore, the EPA

does not know the extent to which the adverse health effects described

above occur in the populations surrounding these facilities. However,

to the extent the adverse effects do occur, the proposed standard will

substantially reduce emissions and exposures to the level achievable

with MACT. The seriousness of risks remaining after impositions of the

final MACT standards will be examined at a later date, as provided for

under section 112(f) of the Clean Air Act.

The alternatives considered in the development of this regulation,

including those alternatives selected as standards for new and existing

polyether polyols production facilities, are based on process and

emission data received from a questionnaire sent to urethane and

nonurethane polyether polyols producing facilities, and on additional

information submitted by the Society of the Plastics Industry (SPI).

The EPA met with industry and State representatives several times to

discuss these data. In addition, facilities and State regulatory

authorities had the opportunity to comment on draft versions of the

MACT regulatory provisions, and to provide additional information.

Several facilities and States did provide comments, and these comments

were considered in preparing the proposed standard.

The proposed standards give existing facilities three years from

the date of promulgation to comply. This is the maximum amount of time

allowed under the Clean Air Act. New sources are required to comply

with the requirements of the standards upon startup. The number of

existing plants considered to be major sources, and therefore affected

by this rule, is estimated to be 78.

Included in the proposed rule are methods for determining initial

compliance, as well as monitoring, recordkeeping, and reporting

requirements. All of these components are necessary to ensure that

sources will comply with the standards both initially and over time.

However, the EPA has made every effort to simplify the requirements in

the rule. The Agency has also attempted to maintain consistency with

existing regulations by either incorporating applicable text from

existing regulations or referencing existing regulations, depending on

which method would be less confusing for a given situation.

This rule introduces the concept of ``extended cookout,'' which is

a pollution prevention technique that has been employed by some

industry members as an alternative to installing traditional add-on

control devices. The EPA worked with the industry and State agency

representatives to delineate requirements for demonstrating compliance

from the use of extended cookout.

As described in the Basis and Purpose document, regulatory

alternatives were considered that included a combination of

requirements equal to, and above, the minimum level of control allowed

by the Clean Air Act (i.e., the ``floor''--see section III.B.). Cost-

effectiveness was a factor considered in evaluating options above the

floor; in cases where options more stringent than the floor were

selected, they were judged to have a reasonable cost effectiveness.

Non-air environmental and health factors, as well as energy impacts

were also considered for the proposed standards.

Representatives from other interested EPA offices and programs, as

well as representatives from State regulatory agencies, are included in

the regulatory development process. Therefore, the EPA believes that

the implications to other EPA offices and programs have been adequately

considered during the development of these standards.

III. Authority for National Emission Standards for Hazardous Air

Pollutants Decision Process

A. Source of Authority for NESHAP Development

Section 112 of the 1990 Amendments gives the EPA the authority to

establish national standards to reduce air emissions from sources that

emit one or more HAP. Section 112(b) contains a list of HAP to be

regulated by NESHAP. Section 112(c)directs the EPA to use this

pollutant list to develop and publish a list of source categories for

which NESHAP will be developed. The EPA must list all known source

categories and subcategories of ``major sources'' (defined below) that

emit one or more of the listed HAP. A major source is defined in

section 112(a) as any stationary source or group of stationary sources

located within a contiguous area and under common control that emits or

has the potential to emit in the aggregate, considering controls, 10

tons per year or more of any one HAP or 25 tons per year or more of any

combination of HAP. This list of source categories was published in the

Federal

[[Page 46807]]

Register on July 16, 1992 (57 FR 31576) and included polyether polyols.

B. Criteria for Development of NESHAP

The NESHAP are to be developed to control HAP emissions from both

new and existing sources according to the statutory directives set out

in section 112(d) of the 1990 Amendments. The statute requires the

standards to reflect the maximum degree of reduction in emissions of

HAP that is achievable for new or existing sources. This control level

is referred to as the MACT.

The MACT ``floor'' is the least stringent level allowed for MACT

standards. For new sources, the standards for a source category or

subcategory ``shall not be less stringent than the emission control

that is achieved in practice by the best controlled similar source, as

determined by the Administrator'' (section 112(d)(3)). Existing source

standards shall be no less stringent than the average emission

limitation achieved by the best performing 12 percent of the existing

sources for categories and subcategories with 30 or more sources or the

average emission limitation achieved by the best performing five

sources for categories or subcategories with fewer than 30 sources

(section 112(d)(3)). These two minimum levels of control define the

MACT floor for new and existing sources. When the selection of MACT

considers control levels more stringent than the MACT floor described

above, its selection must reflect consideration of the cost of

achieving the emission reduction, any non-air quality, health, and

environmental impacts, and energy requirements.

IV. Summary of Proposed Standards

This section provides a summary of the proposed regulation. The

full regulatory text is printed in today's notice and is also available

in Docket No. A-96-38, directly from the EPA, or from the Technology

Transfer Network (TTN) on the EPA's electronic bulletin boards. More

information on how to obtain a copy of the proposed regulation is

provided at the beginning of the SUPPLEMENTARY INFORMATION section of

this document.

A. Source Category To Be Regulated

These proposed standards would regulate HAP emissions from

polyether polyols manufacturing process units (PMPU) provided that a

PMPU is a major source or is located at a plant site that is a major

source. Polyether polyols are defined as the products formed by the

reaction of ethylene oxide (EO), propylene oxide (PO), or other cyclic

ethers with compounds having one or more reactive hydrogens (i.e., a

hydrogen atom bonded to nitrogen, sulfur, oxygen, phosphorous, etc.).

This definition excludes materials regulated as glycols or glycol

ethers under the Hazardous Organic NESHAP (HON). For the proposed rule,

an affected source is defined as each group of one or more PMPU, that

is manufacturing polyether polyols and that is located at a plant site

that is a major source.

If a plant site with an existing affected source producing a

polyether polyol as its primary product constructs a new PMPU also

producing a polyether polyol as its primary product, the new PMPU is a

new affected source if the new PMPU has the potential to emit more than

10 tons per year of a single HAP, or 25 tons per year of all HAP. In

this situation, the plant site would have an existing affected source

and a new source. Each subsequent new PMPU with potential HAP emissions

above the levels cited above would be a separate new affected source.

New affected sources are also created when a PMPU is constructed at

a major source plant site where the polyether polyol product was not

previously produced (with no consideration of the potential HAP

emissions from the PMPU). Another instance where a new affected source

is created is if a new PMPU is constructed at a new plant site (i.e.,

green field site) that will be a major source. The final manner in

which a new affected source is created is when an existing affected

source undergoes reconstruction, thus making the previous existing

source subject to new source standards.

B. Relationship to Other Rules

Sources subject to the proposed rule are also subject to other

existing rules. In some cases, the proposed rule supersedes existing

rules and affected sources are no longer required to comply with the

existing rule. In other cases, there is no conflict between the

existing rule and the proposed rule, and in these cases, the affected

source must comply with both rules.

Sources subject to the proposed rule may have storage vessels

subject to the NSPS for Volatile Organic Liquid Storage Vessels (40 CFR

part 60, subpart Kb). After the compliance date for this rule, such

storage vessels are only subject to this rule and are no longer

required to comply with subpart Kb.

Sources subject to the proposed rule may have cooling towers

subject to the NESHAP for Industrial Cooling Towers (40 CFR part 63,

subpart Q). There is no conflict between the requirements of subpart Q

and the proposed rule. Therefore, sources subject to both rules must

comply with both rules.

C. Pollutants To Be Regulated

The source categories covered by the proposed rule emit a variety

of HAP. The most significant emissions are of the following HAP: EO,

PO, hexane, and toluene. These proposed standards would regulate

emissions of these compounds, as well as all other organic HAP that are

emitted during the production of polyether polyols.

D. Affected Emission Points

Emissions from the following types of emission points (i.e.,

emission source types) are being covered by the proposed rule: Storage

vessels, process vents, equipment leaks, and wastewater operations.

E. Format of the Standards

As discussed in more detail in Section IV.F, the proposed

standards, the HON (subparts F, G, and H of 40 CFR part 63) and the

Group I Polymers and Resins NESHAP (subpart U of 40 CFR part 63)

provided a basis for selection of the proposed formats. In most

instances, the format of these proposed standards is the same as those

found in the HON and/or the Group I Polymers and Resins NESHAP. The

following paragraphs summarize the selected formats, including those

that are different from the HON and/or the Group I Polymers and Resins

NESHAP. The formats and their basis for selection are discussed in more

detail in the Basis and Purpose Document for this proposed regulation.

For storage vessels for both subcategories, the format of these

proposed standards is dependent on the method selected to comply with

the standards. If tank improvements (e.g., internal or external

floating roofs with proper seals and fittings) are selected, the format

is a combination of design, equipment, work practice, and operational

standards. If a closed vent system and combustion, recovery, or

recapture device are selected, the format is a combination of design

and equipment standards.

For process vents that make polyether polyols using epoxides or

THF, the format of these proposed standards is a percent aggregate

emission reduction.

For equipment leaks from both subcategories, these proposed

standards incorporate several formats: Equipment, design, lowest

allowable performance levels (e.g., maximum allowable percent leaking

valves), work practices, and operational practices. Different formats

are necessary for different types of equipment, available control

techniques, and applicability of the

[[Page 46808]]

measurement method. In addition, a work practice standard is adopted

for equipment leaks resulting in the emission of HAP from cooling

towers at all facilities producing polyether polyols. This standard

requires the leak detection and repair of leaks of HAP into cooling

tower water.

For wastewater streams requiring control from both subcategories of

the source category, these proposed standards incorporate several

formats: Equipment, operational, work practice, and emission standards.

The particular format selected depends on which portion of the

wastewater stream is involved. For transport and handling equipment,

the selected format is a combination of equipment standards and work

practices. For the reduction of HAP from the wastewater stream itself,

several alternative formats are incorporated, including five

alternative numerical emission limit formats (overall percent reduction

for total organic HAP, individual HAP percent reduction, effluent

concentration limit for total organic HAP, individual organic HAP

effluent concentration limits, and mass removal for HAP) and equipment

design and operation standard for a steam stripper. For vapor recovery

and destruction devices other than flares, the format is a weight

percent reduction. For flares, the format is a combination of equipment

and operating specifications.

F. Proposed Standards

The standards being proposed for the following emission sources at

new and existing facilities have the same applicability (i.e., group

determination criteria) and control requirements as those promulgated

for the corresponding emission source types at existing sources subject

to the HON (Subpart F for general requirements, Subpart G for process

vents, wastewater and storage vessels, and subpart H for equipment

leaks): storage vessels; process vents from polyether polyol production

with THF; process vents from continuous unit operations that emit

nonepoxide HAP while making or modifying the polyol; equipment leaks,

and wastewater. The requirements for process vents that emit nonepoxide

HAP from making or modifying the product are based on the process vent

sections of subpart G (for vents from continuous unit operations) and

subpart U (for vents from batch unit operations), except that the Group

1/Group 2 criteria are applied to the combination of process vents

associated with the use of nonepoxide HAP to make or modify the

product, rather than on individual vents. The process vent provisions

for epoxide emission and nonepoxide HAP emissions from catalyst

extraction require a specified emission reduction for the combination

of all process vent streams at an affected source.

Tables 1 and 2 summarize the level of control being proposed for

new and existing sources, respectively. Where the applicability

criteria and required level of control is the same as the HON, this is

indicated in the table as ``HON.'' When the table lists ``epoxides'' it

is referring to EO and PO, the HAP monomers used in the polyether

polyols process. ``Nonepoxide HAP'' refers to organic HAP other than EO

and PO that are used in this process. The following sections describe

these proposed standards in more detail, by emission source type. The

rationale for the selection of the proposed standards is contained in

the Basis and Purpose Document. The Basis and Purpose Document is

available as described in the SUPPLEMENTARY INFORMATION section of this

Preamble.

Table 1.--Summary of Level of Proposed Standards for Existing Sources

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

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

(5)Emission sources

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

Source, category,

(2) Waste Equip;

subcategory Storage

(2)Process vents a water leaks

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

Polyether Polyols made with THF HON............

(2) The Group 1/Group 2 HON............ HON..............

criteria are from Sec.

63.115(d)(1) or (d)(2), and

(d)(3) of subpart G. If the

collection of vents is Group

1, the control requirement is

98% emission reduction

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

Epoxides Nonepoxide HAP in making or Nonepoxide HAP in

modifying the product catalyst

extraction

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

Polyether Polyols made with HON............ 98 percent For process vents from batch 90 percent HON........... HON

Epoxides. aggregate unit operations, the Group 1/ aggregate

emission Group 2 criteria are from 40 emission

reduction. CFR 63 Subpart U. If the reduction.

collection of vents is Group 1,

the control requirement is a 90

percent aggregate emission

reduction.

For process vents from

continuous unit operations, the

Group 1/Group 2 criteria are

from Sec. 63.115(d)(1) or

(d)(2), and (d)(3) of subpart

G. If the collection of vents

is Group 1, the control

requirement is a 98 percent

aggregate emission reduction.

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

a For Group1/Group 2 determination, the appropriate criteria are applied to the combination of all applicable process vents and not to individual

process vents.

Table 2.--Summary of Level of Proposed Standards for New Sources

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

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

(5)Emission sources

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

Source, category,

(2) Waste Equip;

subcategory Storage

(2)Process vents a water leaks

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

Polyether Polyols made with THF HON............

(2) The Group 1/Group 2 HON............ HON..............

criteria are from Sec.

63.115(d)(1) or (d)(2), and

(d)(3) of subpart G. If the

collection of vents is Group

1, the control requirement is

98% emission reduction

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

[[Page 46809]]

Epoxides Nonepoxide HAP in making or Nonepoxide HAP in

modifying the product catalyst

extraction

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

Polyether Polyols made with HON............ 99.9 percent For process vents from batch 98 percent HON........... HON

Epoxides. aggregate unit operations, the Group 1/ aggregate

emission Group 2 criteria are from 40 emission

reduction. CFR 63 Subpart U. If the reduction.

collection of vents is Group 1,

the control requirement is a 90

percent aggregate emission

reduction.

For process vents from

continuous unit operations, the

Group 1/Group 2 criteria are

from Sec. 63.115(d)(1) or

(d)(2), and (d)(3) of subpart

G. If the collection of vents

is Group 1, the control

requirement is a 98 percent

aggregate emission reduction.

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

a For Group1/Group 2 determination, the appropriate criteria are applied to the combination of all applicable process vents and not to individual

process vents.

1. Storage Vessels

For polyether polyols made with either epoxides or THF, the storage

vessel requirements at new and existing affected sources are identical

to the HON storage vessel requirements in subpart G for existing

sources. For this proposed rule ``storage vessel'' is a tank or other

vessel that is associated with a PMPU and that stores a liquid

containing one or more organic HAP. The proposed rule specifies

assignment procedures for determining whether a storage vessel is

associated with a polyether polyols process unit. The storage vessel

provisions do not apply to the following (1) vessels permanently

attached to motor vehicles, (2) pressure vessels designed to operate in

excess of 204.9 kPa (29.7 psia), (3) vessels with capacities smaller

than 38 m\3\ (10,000 gal), (4) wastewater tanks, and (5) vessels

storing liquids that contain HAP only as impurities. An impurity is

produced coincidentally with another chemical substance and is

processed, used, or distributed with it. The owner or operator must

determine if the storage vessel is Group 1 or Group 2; Group 1 storage

vessels require control while Group 2 do not. The criteria for

determining whether a storage vessel is Group 1 or Group 2 are shown in

Table 3, and are the same as the HON criteria for existing sources.

Table 3.--Group 1 Storage Vessel Criteria

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

Vessel capacity (cubic meters) Vapor pressurea (kPa)

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

Existing and new sources:

75=13.1

151>=capacity............................ >=5.2

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

a Maximum true vapor pressure of total HAP at average storage

temperature.

The storage provisions require that one of the following control

systems be applied to Group 1 storage vessels: (1) An internal floating

roof with proper seals and fittings; (2) an external floating roof with

proper seals and fittings; (3) an external floating roof converted to

an internal floating roof with proper seals and fittings; or (4) a

closed vent system with a 95 percent efficient combustion, recovery, or

recapture device. The storage provisions give details on the types of

seals and fittings required. Monitoring and compliance provisions

include periodic visual inspections of vessels, roof seals, and

fittings, as well as internal inspections. If a closed vent system and

combustion, recovery, or recapture device is used, the owner or

operator must establish appropriate monitoring procedures. Reports and

records of inspections, repairs, and other information necessary to

determine compliance are also required by the storage provisions.

2. Process Vents

There are separate process vent provisions in the proposed rule for

the two polyether polyol subcategories. These requirements are

discussed in the following sections.

a. Control requirements. i. Polyether polyols that use epoxides as

a reactant. For the polyols that use epoxides, the process vent

provisions are separated into three groups, which are based on the

function of the organic HAP in the production process. These groups are

(1) EO and PO (i.e., epoxide) emissions resulting from the use of these

chemicals as reactants; (2) emissions of organic HAP other than EO or

PO (i.e., ``nonepoxide HAP'') from their use in making or modifying the

polyether polyol product; and (3) emissions of nonepoxide HAP from

their use in catalyst extraction.

Requirements for Epoxide Emissions. The process vent provisions for

epoxide emissions require the owner or operator of existing sources

using epoxides to reduce the aggregate total epoxide process vent

emissions by 98 weight-percent, and by 99.9 weight-percent for new

sources. In the determination of the control efficiency, uncontrolled

emissions are measured at the outlet of the unit operation, and

controlled emissions at the outlet of the combustion, recovery, or

recapture device. Primary condensers operating as reflux condensers are

considered part of the unit operation and not a recovery device.

In addition to achieving the 98 (or 99.9) percent reduction using a

combustion, recovery, or recapture device, the proposed rule also

allows the use of ``extended cook-out'' as a means of reducing

emissions by the required percentage. This pollution prevention

technique reduces emissions by extending the time of reaction, thus

leaving less unreacted epoxides to be emitted downstream.

If a combustion, recovery, or recapture device is used to reduce

epoxide emissions, an owner or operator can comply by demonstrating

that each outlet stream after the control option has a concentration of

20 ppmv epoxide for existing sources. This is considered to be

equivalent to demonstrating a 98 percent control efficiency from a

combustion, recovery or recapture device.

As an alternative to the 98 percent emission reduction, owners or

operators of existing sources can maintain a epoxide emission factor

from the PMPU of no more than 1.7 X 10-2 kilograms of

epoxide emissions per megagram of product made (kg/Mg). The

corresponding emission factor for new sources is 4.4 X 10-3

kg/Mg. Compliance with this alternative

[[Page 46810]]

limitation will be achieved by developing and following an epoxide

annual emissions plan, which must include provisions for the monitoring

of the process and any combustion, recovery, or recapture device

parameters to demonstrate continuous compliance with the emission

limitation.

Requirements for nonepoxide HAP emissions from catalyst extraction.

The process vent provisions require the owner or operator of existing

sources using epoxides to reduce the aggregate total nonepoxide organic

HAP emissions by 90 weight-percent from process vents associated with

catalyst extraction at existing sources. For new sources the

requirement is a reduction in these emissions of 98 weight-percent.

This provision only applies if a nonepoxide organic HAP is used in the

catalyst extraction process. As with the epoxide provisions,

uncontrolled emissions are measured at the outlet of the unit

operation, and controlled emissions at the outlet of the combustion,

recovery, or recapture device. Primary condensers operating as reflux

condensers are considered part of the unit operation and not a recovery

device.

Requirements for nonepoxide HAP used to make or alter the product.

There are separate provisions for batch and continuous processes for

process vents associated with the use of nonepoxide organic HAP to make

or alter the product. The approach for vents from both batch and

continuous unit operations is to determine if the collection of process

vents in each PMPU that are associated with the use of nonepoxide

organic HAP to make or alter the product is Group 1 or Group 2. If the

combination of vents is determined to be Group 1, the aggregate

nonepoxide organic HAP emissions are required to be reduced by 90

percent for batch processes and 98 percent for continuous processes.

These requirements are the same for new and existing sources.

For vents from batch unit operations, the Group 1 criteria are the

same as the criteria in the Group 1 Polymers and Resins rule, except

that these criteria are applied to the combination of all vents for

this proposed polyether polyol rule, and the criteria are applied to

individual vents in the Polymers and Resins rule. The Group status is

determined by calculating the annual emissions from all the applicable

vents, and using these emissions to calculate a ``cut-off'' flow rate.

This cutoff flow rate is then compared to the actual combined annual

average flow rate for all the vents. If the actual annual average flow

rate is less than the cutoff flow rate, the group of vents is Group 1,

and must be controlled by 90 percent.

For continuous vents, the HON Group 1 criteria are used, except

that they are again applied to the aggregated vent streams. The group

of vents are Group 1 if they have a combined flow rate greater than or

equal to 0.005 standard cubic meters per minute, a combined HAP

concentration greater than or equal to 50 parts per million by volume

(ppmv), and a total resource effectiveness index value (TRE) less than

or equal to 1.0.

There is one notable difference in the provisions for nonepoxide

HAP emissions from making or altering the product for continuous

processes and the other continuous process vent provisions in the

proposed rule for epoxide processes (i.e., Epoxide emission

requirements and nonepoxide HAP emissions from catalyst extraction).

For the nonepoxide HAP emissions from making or altering the product,

the TRE of the combined vent streams is calculated after the final

recovery device. Therefore, the recovery device may be used to reduce

emissions so that the TRE is increased and the combined stream is Group

2, but the recovery device may not be used to achieve the required

percentage reduction for the combination of vents that are Group 1.

Monitoring is required for those Group 2 continuous process vent

streams whose combined stream characteristics result in a TRE index

value between 1.0 and 4.0, to ensure that the combination of those

streams do not become Group 1, which would then require control.

For either batch or continuous processes, the owner or operator can

make the Group 1/Group 2 determination, or the owner or operator can

elect to comply directly with the control requirements. As noted above,

the TRE index value is determined after the final recovery device in

the process or prior to venting to the atmosphere. The TRE calculation

involves an emissions test or engineering assessment and use of the TRE

equations in Sec. 63.115 of subpart G.

ii. Polyether polyols that use THF as a reactant. The proposed rule

directly references the HON process vent provisions in subpart G for

polyether polyols processes that use THF as a reactant. These

provisions require a Group 1/Group 2 determination (on an individual

vent basis), and the control of Group 1 process vent streams by 98

percent or the use of a flare.

b. Monitoring, reporting, and recordkeeping provisions for process

vents. Monitoring, reporting, and recordkeeping provisions necessary to

demonstrate compliance are also included in the process vent

provisions. Compliance with the monitoring provisions is based on

parametric monitoring of the combustion, recovery, or recapture device,

or monitoring of the process parameters if extended cook-out is used to

control epoxide emissions. Daily monitoring parameters are recorded to

determine compliance.

3. Wastewater Operations

For both polyether polyol subcategories the proposed wastewater

provisions are identical to the wastewater provisions in subparts F and

G. The proposed rule applies to any HAP-containing water, raw material,

intermediate, product, co-product, or waste material that exits any

polyether polyols production process unit equipment and has either (1)

a total organic HAP concentration of 5 ppmw or greater and a flow rate

of 0.02 liters per minute (lpm) or greater; or (2) a total organic HAP

concentration of 10,000 parts per million by weight (ppmw) or greater

at any flow rate. ``Wastewater,'' as defined in Sec. 63.101 of subpart

F, encompasses both maintenance wastewater and process wastewater. The

process wastewater provisions also apply to HAP-containing residuals

that are generated from the management and treatment of Group 1

wastewater streams. Examples of process wastewater streams include, but

are not limited to, wastewater streams exiting process unit equipment

(e.g., condenser stream decanter water), feed tank drawdown, vessel

washout/cleaning that is part of the routine batch cycle, and residuals

recovered from waste management units. Examples of maintenance

wastewater streams are those generated by descaling of heat exchanger

tube bundles, cleaning of distillation column traps, and draining of

pumps into an individual drain system.

a. Maintenance wastewater. For maintenance wastewater, the proposed

rule incorporates the requirements of Sec. 63.105 of subpart F for

maintenance wastewater. This requires owners or operators to prepare a

description of procedures that will be used to manage HAP-containing

wastewater created during maintenance activities, and to implement

these procedures.

b. Process wastewater. The Group 1/Group 2 approach from the HON is

also used for these proposed wastewater provisions, with Group 1

process wastewater streams requiring control and Group 2 process

wastewater streams not requiring control. For existing and new sources,

a Group 1 wastewater

[[Page 46811]]

stream is one with an average flow rate greater than or equal to 10 lpm

and a total organic HAP average concentration greater than or equal to

1,000 ppmw.

An owner or operator may determine the organic HAP concentration

and flow rate of wastewater stream either (1) at the point of

determination; or (2) downstream of the point of determination. If

wastewater stream characteristics are determined downstream of the

point of determination, an owner or operator must make corrections for

(1) losses by air emissions; (2) reduction of organic HAP concentration

or changes in flow rate by mixing with other water or wastewater

streams; and (3) reduction in flow rate or organic HAP concentration by

treating or otherwise handling the wastewater stream to remove or

destroy HAP. An owner or operator can determine the flow rate and

organic HAP concentration for the point of determination by (1)

sampling; (2) using engineering knowledge; or (3) using pilot-scale or

bench-scale test data. Both the applicability determination and the

Group 1/Group 2 determination must reflect the wastewater

characteristics before losses due to volatilization, a concentration

differential due to dilution, or a change in organic HAP concentration

or flow rate due to treatment.

There are instances where an owner or operator can bypass the group

determination. An owner or operator is allowed to designate a

wastewater stream or mixture of wastewater streams to be a Group 1

wastewater stream without actually determining the flow rate and

organic HAP concentration for the point of determination. Using this

option, an owner or operator can simply declare that a wastewater

stream or mixture of wastewater streams is a Group 1 wastewater stream

and that the emissions from the stream(s) are controlled from the point

of determination through treatment. An owner or operator is required to

determine the wastewater stream characteristics (i.e., organic HAP

concentration and flow rate) for the designated Group 1 wastewater

stream in order to establish the treatment requirements in Sec. 63.138.

Also, an owner or operator who elects to use the process unit

alternative in Sec. 63.138(d) of subpart G or the 95-percent biological

treatment option in section 63.138(e) of subpart G is not required to

make a Group 1/Group 2 determination.

Controls must be applied to Group 1 wastewater streams, unless the

source complies with the source-wide mass flow rate provisions of

Secs. 63.138(c)(5) or (c)(6) of subpart G; or implements process

changes that reduce emission as specified in Sec. 63.138(c)(7) of

subpart G. Control requirements include (1) suppressing emissions from

the point of determination to the treatment device; (2) recycling the

wastewater stream or treating the wastewater stream to the required Fr

values for each organic HAP as listed in table 9 of subpart G (The

required Fr values in table 9 of subpart G are ``fraction removed'' (or

removal efficiency) based on a steam stripper, with specified operating

parameters, as the control technology); (3) recycling any residuals or

treating any residuals to destroy the total combined HAP mass flow rate

by 99 percent or more; and (4) controlling the air emissions generated

by treatment processes. While emission controls are not required for

Group 2 wastewater streams, owners or operators may opt to include them

in management and treatment options.

Suppression of emissions from the point of determination to the

treatment device will be achieved by using covers and enclosures and

closed-vent systems to collect organic HAP vapors from the wastewater

and convey them to treatment devices. Air emissions routed through

closed-vent systems from covers, enclosures, and treatment processes

must be reduced by 95 percent for combustion or recovery devices; or to

a level of 20 ppmv for combustion devices.

The treatment requirements are designed to reduce the organic HAP

content in the wastewater prior to placement in units without air

emissions controls, and thus to reduce the HAP emissions to the

atmosphere. Section G of the preamble provides several compliance

options, including percent reduction, effluent concentration

limitations, and mass removal.

For demonstrating compliance with the various requirements, owners

or operators have a choice of using a specified design, conducting

performance tests, or documenting engineering calculations. Appropriate

compliance, monitoring, reporting, and recordkeeping provisions are

included in the regulation.

4. Equipment Leaks

The equipment leak provisions in the proposed rule refer directly

to the requirements contained in subpart H. The standards would apply

to equipment in organic HAP service 300 or more hours per year that is

associated with a PMPU, including valves, pumps, connectors,

compressors, pressure relief devices, open-ended valves or lines,

sampling connection systems, instrumentation systems, surge control

vessels, bottoms receivers, and agitators. The provisions also apply to

closed-vent systems and combustion, recovery, or recapture devices used

to control emissions from any of the listed equipment.

a. Pumps and valves. This proposed standard requires leak detection

and repair (LDAR) for pumps in light liquid service and for valves in

gas or light liquid service. Standards for both are implemented in

three phases. The first and second phases for both types of equipment

consist of an LDAR program, with lower leak definitions in the second

phase. The LDAR program involves a periodic check for organic vapor

leaks with a portable instrument; if leaks are found, they must be

repaired within a certain period of time. In the third phase, the

periodic monitoring (a work practice standard) is combined with a

performance requirement for an allowable percent leaking components.

The standard requires monthly monitoring of pumps using an

instrument and weekly visual inspections for indications of leaks. In

the first two phases of the valve standard, quarterly monitoring is

required. In phase three, semiannual or annual monitoring may be used

by process units with less than 1 percent and less than 0.5 percent

leaking valves, respectively.

In phase three, if the base performance levels for a type of

equipment are not achieved, owners or operators must, in the case of

pumps, enter into a quality improvement program (QIP), and in the case

of valves may either enter into a QIP or implement monthly LDAR. The

QIP is a concept that enables plants exceeding the base performance

levels to eventually achieve the desired levels without incurring

penalty or being in a noncompliance status. As long as the requirements

of the QIP are met, the plant is in compliance. The basic QIP consists

of information gathering, determining superior performing technologies,

and replacing poorer performers with the superior technologies until

the base performance levels are achieved.

b. Connectors. The rule also requires LDAR of connectors in gas or

light liquid service. The monitoring frequency for connectors is

determined by the percent leaking connectors in the process unit and

the consistency of performance. Process units that have 0.5 percent or

greater leaking connectors are required to monitor all connectors

annually. Units that have less than 0.5 percent may monitor biannually

and units that show less than 0.5 percent for

[[Page 46812]]

two monitoring cycles may monitor once every four years.

c. Other equipment. Subpart H also contains standards for other

types of equipment, compressors, open-ended lines, pressure relief

devices, and sampling connection systems. Compressors are required to

be controlled using a barrier-fluid seal system, by a closed vent

system to a combustion, recovery, or recapture device, or must be

demonstrated to have no leaks greater than 500 ppm HAP. Sampling

connections must be closed-purge or closed-loop system, or must be

controlled using a closed vent system to a combustion, recovery, or

recapture device. Agitators must either be monitored for leaks or use

systems that are better designed such as dual mechanical seals. Pumps,

valves, connectors, and agitators in heavy liquid service;

instrumentation systems; and pressure relief devices in liquid service

are subject to instrumental monitoring only if evidence of a potential

leak is found through sight, sound, or smell. Instrumentation systems

consist of smaller pipes and tubing that carry samples of process

fluids to be analyzed to determine process operating conditions or

systems for measurement of process conditions.

Surge control vessels and bottoms receivers are required to be

controlled using a closed vent system vented to a combustion, recovery,

or recapture device. However, the applicability of controls to surge

control vessels and bottoms receivers is based on the size of the

vessel and the vapor pressure of the contents. The criteria for

determining whether controls are required for surge control vessels and

bottoms receivers are the same as for storage vessels.

d. Other provisions. Under certain conditions, delay of repair

beyond the required period may be acceptable. Examples of these

situations include where: (1) A piece of equipment cannot be repaired

without a process shutdown, (2) equipment is taken out of HAP service,

(3) emissions from repair will exceed emissions from delay of repair

until the next shutdown, and (4) equipment with better leak performance

such as pump with single mechanical seals are replaced with dual

mechanical seals.

In addition, specific alternative standards are included for batch

processes and enclosed buildings. For batch processes, the owner or

operator can choose either to meet similar standards to those for

continuous processes with monitoring frequency pro-rated to time in use

of HAP, or to periodically pressure test the entire system. For

enclosed buildings, the owner or operator may forego monitoring if the

building is kept under a negative pressure and emissions are routed

through a closed vent system to an approved combustion, recovery, or

recapture device.

The equipment leak standards require the use of Method 21 of

appendix A of part 60 to detect leaks. Method 21 requires a portable

organic vapor analyzer to monitor for leaks from equipment in use. Test

procedures using either a gas or a liquid for pressure testing the

batch system are specified to detect for leaks.

The standards would require certain records to demonstrate

compliance with the standard, and the records must be retained in a

readily accessible recordkeeping system. Subpart H requires the records

be maintained for equipment that would be subject to the standards,

testing associated with batch processes, design specifications of

closed vent systems and combustion, recovery, or recapture devices,

test results from performance tests, and information required by

equipment in the QIP.

G. Recordkeeping and Reporting Requirements

Specific recordkeeping and reporting requirements related to each

emission source type are included in the applicable sections of the

proposed rule. Section 63.1439 of the proposed rule provides general

reporting, recordkeeping, and testing requirements.

The general reporting, recordkeeping, and testing requirements of

this subpart are very similar to those found in subparts F, G, and U.

The proposed rule also incorporates provisions of subpart A of part 63.

A table included in the proposed rule designates which sections of

subpart A apply to the proposed rule. This rule incorporates by

reference the General Provisions in subpart A as promulgated on March

13, 1994. However, the EPA is in the process of drafting amendments to

the General Provisions. If this subpart is promulgated subsequent to

the promulgation of the amendments to the General Provisions, the

amended General Provisions will be incorporated into this subpart.

The proposed rule requires sources to keep records and submit

reports of information necessary to determine applicability and

document compliance. The proposed rule requires retention of hourly

average values of monitored parameters for continuous process vents.

For batch process vents, the proposed rule requires daily average

values of monitored parameters. If there is a monitoring parameter

excursion, the 15-minute values for the excursion period must be

retained. The proposed rule also requires that records of all residual

HAP content test results must be kept for five years.

Section 63.1439 of the proposed rule lists the following types of

reports that must be submitted to the Administrator as appropriate: (1)

Start-up, shutdown, and malfunction plan; (2) Application for Approval

of Construction or Reconstruction; (3) Initial Notification; (4)

Precompliance Report, (5) Notification of Compliance Status; (6)

Periodic Reports; (7) Other reports, and; (8) Operating permit

application. Operating permit may be substituted for a Precompliance

Report. The requirements for each of the eight types of reports are

summarized below. As can be noted, Sec. 63.1435 incorporates the

reporting requirements of subpart H, which require owners and operators

to submit three types of reports: (1) An Initial Notification; (2) a

Notification of Compliance Status; and (3) Periodic Reports.

1. Start-up, Shutdown, and Malfunction Plan

The plan would describe procedures for operating and maintaining

the affected source during periods of start-up, shutdown, and

malfunction and a program for corrective action for malfunctioning

process and air pollution equipment used to comply with this subpart.

2. Application for Approval of Construction or Reconstruction

The proposed rule requires that the owners or operator comply with

Sec. 63.5 of subpart A regarding the application for approval of

construction or reconstruction, excluding the provisions specified in

Sec. 63.5(d)(1)(ii)(H), (d)(1)(iii), (d)(2), and (d)(3)(ii) of subpart

A.

3. Initial Notification

The Initial Notification would be required within 120 calender days

after the effective date of the rule and shall provide the following

information:

(a) The name and address of the owner or operator;

(b) The address (i.e., physical location) of the affected source;

(c) An identification of the relevant standard, or other

requirement, that is the basis of the notification and the source's

compliance date;

(d) A brief description of the nature, size, design, and method of

operation of the source, including its operating design capacity and an

identification of each point of emission for each HAP, or if a

definitive identification is not yet

[[Page 46813]]

possible, a preliminary identification of each point of emission for

each HAP, and;

(e) A statement of whether or not the affected source is a major

source.

4. Precompliance Report

Affected sources requesting an extension for compliance, or

requesting approval to use alternative monitoring parameters,

alternative continuous monitoring and recordkeeping, or alternative

controls, shall submit a Precompliance Report.

5. Notification of Compliance Status

The Notification of Compliance Status would be required to be

submitted within 150 days after the source's compliance date. It

contains the information for emission points that need to comply with

the rule, that are necessary to demonstrate that compliance has been

achieved. Such information includes, but is not limited to, the results

of any performance test for continuous and/or batch process vents, an

ECO, and wastewater emission points; one complete test report for each

test method used for a particular kind of emission point; design

analyses for storage vessels and wastewater emission points; and

monitored parameter levels for each emission point and supporting data

for the designated level. The Notification of Compliance Status

required by subpart H must be submitted within 90 days after the

compliance date.

6. Periodic Reports

Generally, Periodic Reports would be submitted semiannually.

However, there is an exception. If monitoring results show that the

parameter values for an emission point are above the maximum or below

the minimum established levels for more than one percent of the

operating time in a reporting period, or the monitoring system is out

of service for more than five percent of the time, the regulatory

authority may request that the owner or operator submit quarterly

reports for that emission point. After one year, semiannual reporting

can be resumed, unless the regulatory authority requests continuation

of quarterly reports.

All Periodic Reports would include information required to be

reported under the recordkeeping and reporting provisions for each

emission point.

For continuously monitored parameters, the Periodic Report must

report when ``excursions'' occur. Table 5 shows what constitutes an

excursion.

Table 5.--Summary of Excursions

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

Emission source type Type of excursion Description of excursion

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

Continuous Process Vents............. Daily average When the daily average of a monitored parameter

exceedance. is above the maximum, or below the minimum,

established level.

Insufficient monitoring Insufficient monitoring data is when an owner or

data. operator fails to obtain a valid hour of data

for at least 75 percent of the operating hours

during an operating day. Four 15-minute

parameter measurements must be obtained to

constitute a valid hour of data.

Batch Process Vents.................. Batch cycle daily When the batch cycle daily average of a

average exceedance. monitored parameter is above the maximum, or

below the minimum, established level.

Insufficient monitoring Insufficient monitoring data is when an owner or

data. operator fails to obtain valid parameter

measurements for at least 75 percent of the 15-

minute periods during an operating day.

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

Periodic Reports would also include results of any performance

tests conducted during the reporting period and instances when required

inspections revealed problems. Additional information on the source is

required to report under its operating permit would also be described

in Periodic Reports.

Periodic Reports for subpart H must be submitted every six months

and must contain summary information on the LDAR program changes to the

process unit, changes in monitoring frequency or monitoring

alternatives, and/or initiation of a QIP.

7. Other Reports

Other reports required under the proposed rule include process

changes that change the compliance status of process vents, and request

for extensions of the allowable repair period and notifications of

inspections for storage vessels and wastewater.

8. Operating Permit Application

An owner or operator who submits an operating permit application

instead of a Precompliance Report shall submit the information

specified in the Precompliance Report, as applicable, with the

operating permit application.

V. Discussion of Major Issues

The Administrator welcomes comments from interested persons on any

aspect of the proposed standards, and on any statement in the preamble

or the referenced supporting documents. The proposed standards were

developed on the basis of information available. The Administrator is

specifically requesting factual information that may support either the

approach taken in the proposed standards or an alternative approach. To

receive proper consideration, documentation or data should be provided.

Specifically, the EPA is requesting comment and data on the following

issues: (1) The ECO definition and onset point, (2) the performance

test protocol for determining compliance of combustion, recovery and

recapture devices on short, batch process vent episodes, (3) the

specifications of the performance test for the ECO, (4) the approach to

determine an outlet concentration cutoff that is appropriate, if any,

for the process vent epoxide limitation for new affected sources, (5)

the subcategorization of the industry based on the nature of the feed

to the combustion, recovery, or recapture device, (6) the monitoring,

recordkeeping and reporting requirements, (7) the epoxide emission

factor as an alternative to the percent emission reduction requirement,

(8) the nonepoxide organic HAP process vent emissions requirements, (9)

whether the HAP list in table 4 is all inclusive, and (10) the

definition of an applicable source and a PMPU.

The extended cook-out (ECO) is included as a control option for the

first time in this standard, and the EPA requests comments on the

definition of the ECO, and the calculation procedures that were used to

determine the onset value (i.e., the point when uncontrolled emissions

are calculated). The definition of the ECO is based on the input of a

team of industry representatives who have used the ECO to control their

process vent epoxide emissions. For the purposes of determining a

default onset for an ECO, the EPA used information provided by SPI

representatives. Some of the SPI facilities have used this control

option for a number of years with permit

[[Page 46814]]

restrictions based on this control option. The SPI representatives

provided the EPA with calculations that demonstrated the breakpoint for

when a cookout is no longer economically feasible, which is defined as

the onset for the ECO. This calculation contains confidential business

information regarding the batch times, profit margins, and reaction

rate equations for four different product types and, therefore, is not

available for public review. However, the approach used to establish

the onset of an ECO, as the point in time when continuing the reaction

is no longer economically advantageous, and the approach used to

determine the default onset of an ECO, are available for review (Docket

No. A-96-38, Item No. II-B-7). The SPI determined, using conservative

assumptions, that the ECO for four product types occurred when the

amount of epoxide in the reactor is 25 percent of the amount in the

reactor at the end of the epoxide feed step. These four product types

were: EO-capped surfactants, PO-capped surfactants, EO-capped

functional fluids, and PO-capped functional fluids. It was explained to

the EPA that these are four typical product types in the polyether

polyols industry. The onset value determined by SPI was established as

the default ECO onset value for the purposes of this regulation.

Facilities may accept this default value as the onset for an ECO at

their facility, or they may calculate their own ECO onset point. To

calculate a site-specific ECO onset, facility representatives are

directed to the Definition of Extended Cookout Memorandum (Docket No.

A-96-38, Item No. II-B-7).

Also, with respect to the ECO control option, a first order

reaction rate equation, with respect to the epoxide, was used to

determine the concentration of the unreacted epoxide in the reactor

vessel. The EPA is requesting documentation to support or refute the

first order reaction rate equation used in the ECO calculations.

The proposed rule requires an initial performance test to

demonstrate that the ECO meets the performance represented by the

engineering equations used to estimate the amount of unreacted epoxide

in the reactor. This would be a one time test similar to the

performance testing required for add-on combustion, recovery, or

recapture devices. The proposed rule is requiring that samples of the

liquid and vapor space be taken both before and after the ECO, and that

these samples be analyzed for unreacted epoxide concentration. The

proposed rule is requiring that the samples be analyzed using Method

18. The EPA is requesting comments on the specifics of the test method

and sample procedure required.

The EPA is proposing to require facilities to sample the inlet and

outlet streams to the combustion, recovery or recapture device in order

to determine compliance with the process vent provisions. Industry

representatives have expressed several concerns with the requirement to

sample emissions from process vents in batch unit operations. Industry

representatives are concerned with the feasibility, accuracy, and

safety of taking such samples. Typically, in batch unit operations,

material exits the reactor in a short period of time following each

batch, and the flow and concentration of the process vent emissions are

not constant. As a result, industry asserts, that capturing

representative and meaningful samples is not feasible using traditional

stack sampling methods found in Appendix A of 40 CFR Part 60. Industry

representatives also indicate that because there is a significant drop

in pressure during the brief course of the venting, the results of any

performance test are not likely to be very accurate. Industry also has

expressed concerns that attempting to take samples during venting would

raise significant safety issues for plant personnel given the potential

flammability and toxicity of the stream. Industry maintains that pre-

vent and post-vent samples with appropriate engineering calculations on

flow rates would provide adequate results to demonstrate the

performance of the combustion, recovery or recapture device. However,

no specific procedures to use in this regulation were provided. The

EPA, therefore, is asking for comment and information on alternatives

to the proposed testing to determine compliance for process vents from

batch unit operations.

The proposed standard for EO and PO process vent emissions at

existing sources includes an alternative concentration limit of 20

ppmv. Thus, an existing source can comply with the control requirements

of the NESHAP by either achieving an emission reduction of 98 percent

(by weight), or maintaining an outlet concentration of 20 ppmv from the

outlet of a combustion, recovery, or recapture device, whichever is

less stringent. Including this option in the NESHAP recognizes that, as

inlet concentrations to a control device drop, there is a corresponding

decrease in percent reduction of the device and a leveling off of the

outlet concentration from the device.

Industry representatives requested that an alternative

concentration limit also be developed for EO and PO process vent

emissions at new sources. As with existing sources, the new sources

would have the option to either achieve 99.9 percent control or a

specified concentration limit, whichever is less stringent.

In responding to this request, EPA considered a concentration limit

of 1 ppmv. This was based on concentration levels achieved, and

verified by emission testing, by the facility identified as the best

performer. These outlet concentrations were achieved even though high

concentrations were being fed to the device. Industry representatives

argued in a May 7, 1997 letter (Docket No. A-96-38, Item No. II-D-55)

that 1 ppmv may not be achievable. They asserted that the EPA method

used for the performance test does not speciate organic HAP and,

therefore, should not be used to support a concentration limit unless

the same test method is permitted within the NESHAP to demonstrate

compliance. They also contended that EPA has historically used 20 ppmv

as an alternative for standards that are combustion control-based. EPA

has pointed out, however, that these other standards are based on

incinerators required to meet only a 98 percent destruction efficiency.

Therefore, the EPA has decided to not include an alternative outlet

concentration limit for new sources in the proposed rule, but is

requesting information for determining an appropriate alternative limit

for the standard based on an incinerator achieving 99.9 percent

control. For example, test data from the 99.9 percent incinerator using

the test methods and procedures prescribed in the proposed rule would

establish a basis for such an alternative. If public comments provide

sufficient information, the EPA will consider establishing an

alternative concentration limit for the final rule.

The EPA is soliciting comment on the appropriateness of the new

source MACT requirements for process vents that emit epoxides. As

explained in the Basis and Purpose Document, the EPA set the control

efficiency based on the data from the best performing facility. The SPI

representatives, however, have contended that this facility is not a

similar source because, its reactor vents during the epoxide feed step

of the reaction. The SPI asserts that ``the impacts of this method of

operation would be to send a very high concentration of HAP to the

control device as a continuous or semi-continuous stream, resulting in

an artificially high destruction efficiency (compared to a facility

that does not

[[Page 46815]]

vent continuously)'' (Docket No. A-96-38, Item No. II-D-46). They argue

that this is not the typical mode of operation for this industry, and

that this facility should be in a subcategory of its own. The EPA

recognizes that different facilities may vent their reactors at

different times in the reaction resulting in different concentrations

and flows. The EPA also recognizes that the number of reactor trains

feeding to the same recapture, recovery, or control device will affect

the flow characteristics of the feed stream.

The EPA does not have data on the process vent epoxide

concentration, description of when in the process the venting occurs,

or venting episode duration from any of the facilities in the database.

Therefore, at this time, the EPA has no basis for determining whether

subcategorization of the industry is appropriate, or for determining

where a subcategorization line should be drawn, if appropriate. Data to

substantiate the SPI's argument that the facility setting the new

source MACT floor is not a similar source will be necessary before the

EPA can consider making revisions to the new source MACT floor level of

control for process vent epoxide emissions.

The EPA is requesting the following information needed from

industry in order to determine if a subcategory is appropriate, and

what it should be.

(1) Facility name and location

(2) Product categories (i.e., surfactants, polyols, etc.) made at the

facility in 1993

(3) Process vent uncontrolled and controlled HAP emissions for 1993

(4) Description of the combustion, recovery, or recapture device,

including

(a) Type of device (e.g., scrubber, flare etc.)

(b) Control efficiency and basis

(5) Information about the reactor feed characteristics to the control

device, submitted in either of the following formats:

(a) Flow and concentration data (from monitoring instrumentation)

for a single, typical day; or,

(b) A narrative description of a typical day's feed to a common

combustion, recovery, or recapture device. In the narrative, an

estimate of the total amount of time per day there is feed to the

device is required along with an estimate of the range of HAP

concentration during the typical day, on an episode or daily basis

(6) A statement regarding whether the facility vents excess pressure

from the reactor during oxide addition

The monitoring, recordkeeping and reporting provisions in this

regulation differ slightly from those in the HON. This proposed

regulation will require that monitors continue to operate during

periods of start-up, shutdown, and malfunction. Monitoring records from

periods of start-up, shutdown, and malfunction will provide evidence of

whether start-up, shutdown, and malfunction plans are followed and will

provide the Agency with valuable information for assessment of the

adequacy of the source's start-up, shutdown, and malfunction plan.

These records will also provide evidence of whether start-ups,

shutdowns, and malfunctions occur during periods at issue and whether

the source takes necessary steps to mitigate environmental impacts.

Also, this proposed regulation enables a source that is subject to this

regulation and to provisions in either 40 CFR part 264 or 40 CFR part

265 to continue to demonstrate compliance in accordance with 40 CFR

part 264 or 265, except the source must report all excursions (as

defined in this proposed regulation) in the semiannual report. The EPA

is asking for comments on these provisions to determine whether the

Agency should adopt these additional requirements in the final

regulation.

For epoxide emissions, the proposed rule allows sources to comply

with the process vent requirements by maintaining epoxide emissions at

a level below the specified emission factors of 1.7 x 10-2

kilograms of epoxide emissions per megagram of product made (kg/Mg) for

existing sources and 4.4 x 10-3 kg/Mg for new sources. The

approach used for determining these emission factors is explained in

the Supplementary Information Document. To verify compliance with this

option, the owner or operator is required to calculate annual epoxide

emissions and divide the emissions by the annual polyether polyol

production. The annual production is annual mass of polyether polyol

product produced from the applicable PMPU. The EPA is requesting

comments on the method of calculation of the emission factors and

whether the rule adequately describes the units of production for this

determination.

In some instances, nonepoxide organic HAP are used in the reactor

in making the polyether polyol product or modifying the product

properties before final storage. Examples of such uses would include

organic HAP used as an initiator, a catalyst, or as a reaction solvent.

The proposed regulation requires that a group determination be made on

the combination of all process vents that emit these nonepoxide HAP,

and that combinations of vents that are Group 1 be controlled. The EPA

recognizes that a process vent from which these nonepoxide HAP are

emitted would be subject to the epoxide emission reduction requirements

as well as the requirements for nonepoxide organic HAP emissions. If a

combustion, recovery, or recapture device is used to reduce epoxide

emissions from the vent, then that same device would also reduce the

emissions of the nonepoxide HAP. However, if extended cookout is the

control technique utilized by the facility to reduce epoxide emissions,

then the nonepoxide HAP emissions would not be affected, resulting in

the need to address these emissions. The EPA is interested in methods

to address the nonepoxide HAP emissions from making or modifying the

product that alleviate the dual requirement problem mentioned above.

Some of the approaches that the EPA has considered include: Requiring a

group determination only for nonepoxide HAP emissions that are not

controlled along with epoxide emissions; requiring all HAP emissions

(epoxide and nonepoxide) from making or modifying the product to be

reduced by the amount specified in the proposed rule for epoxide

emissions; eliminating the group determination provisions and requiring

a specified percent reduction for nonepoxide HAP emissions from all

vents above a de minimis level, and; making all nonepoxide HAP

emissions (from making or modifying the product and from catalyst

extraction) subject to the same requirements. The EPA is requesting

comments on input of these options, or the identification of other

options. Comments should include a recommended approach, along with

rationale for the recommendation.

The proposed rule lists specific HAP in table 4 used to determine

compliance. The EPA requests comments on whether this list is all

inclusive.

The EPA is requesting comments on the definition of the affected

source, the PMPU and ``make or modify the product.'' The EPA is asking

for these comments in an attempt to ensure that all emission types

related to the manufacture of polyether polyols are included in the

affected source.

VI. Summary of Environmental, Energy, Cost, and Economic Impacts

This section presents the air, non-air environmental (waste and

solid waste), energy, cost and economic impacts resulting from the

control of HAP emissions under this rule.

[[Page 46816]]

A. Facilities Affected by These NESHAP

The proposed rule will affect facilities that produce polyether

polyols and are major sources in themselves, or that are located at a

major source plant site. Based on available information, 92 percent of

the facilities at which polyether polyols are produced were assumed to

be major sources for the purpose of developing these standards. Final

determination of major source status occurs as part of the compliance

determination process undertaken by each individual source.

Impacts are presented relative to a baseline reflecting the level

of control in the absence of the rule. Baseline impacts were

extrapolated from the database to an estimated 78 polyether polyol

facilities affected by the NESHAP nationwide. See the baseline

emissions memorandum in the Basis and Purpose Document for a detailed

discussion of this approach. The impacts for existing sources were

estimated by bringing each facility's control level up to the levels of

the proposed standards. According to the SPI representatives, no new

sources are projected to be constructed in the next five years.

Therefore, no new source impacts were estimated.

B. Primary Air Impacts

These proposed standards are estimated to reduce HAP emissions from

all existing sources of polyether polyols by 1,810 Mg/yr. This

represents a 47 percent reduction from the baseline level of emissions.

This reduction is relatively low since several affected facilities have

already installed stringent pollution controls in response to State air

toxics rules.

C. Other Environmental Impacts

All the HAP being reduced by this regulation are also volatile

organic compounds (VOC); thus, a reduction of 1,810 Mg/yr of VOC is

anticipated as a result of implementing these standards. However,

emissions of criteria pollutants are estimated to increase by 80 Mg/yr

as a result of operating process vent and wastewater emission control

systems to comply with the standards. Therefore, the net reduction in

criteria pollutants resulting from this regulation is anticipated to be

1,730 Mg/yr.

D. Energy Impacts

The total nationwide energy demands that would result from

implementing the process vent and wastewater requirements are around

4.7 X 10\10\ British thermal units annually (Btu/yr).

E. Costs Impacts

Cost impacts include the capital costs of new control equipment,

the cost of energy (supplemental fuel, steam, and electricity) required

to operate control equipment, operation and maintenance costs, and the

cost savings generated by reducing the loss of valuable raw materials

in the form of emissions. Also, cost impacts include the costs of

monitoring, recordkeeping, and reporting associated with these proposed

standards.

The rule requirements are based on the floor level of control for

the following emission types for polyether polyols made with epoxides:

Storage vessels, process vent epoxide emissions, process vent

nonepoxide emissions from catalyst extraction, and equipment leaks. The

Agency selected requirements more stringent than the floor for

wastewater emissions and for nonepoxide organic HAP process vent

emissions from making or modifying the product. For polyether polyols

made with THF, the Agency selected requirements more stringent than the

MACT floor level of control for all of the emission types (i.e.,

storage, process vent emissions, equipment leaks and wastewater). The

HON level of control was considered as the level of control more

stringent than the MACT floor level of control for each of the emission

types listed above, except for process vents from batch unit operations

where control levels established in the ``Control of Volatile Organic

Compound Emissions From Batch Processes--Alternative Control Techniques

Information Document'' (EPA-453/R-94-020) (``Batch ACT'') were

considered. The HON level of control was considered because polyether

polyols manufacturing plants are fairly similar to sources that are

subject to the HON. Additionally, the HON level of control had received

extensive evaluation during the development of the HON, at which time

the EPA concluded that the cost and other impacts of the HON levels

were reasonable. Similarly, the estimated cost-effectiveness for the

Batch ACT was determined to be comparable to the cost-effectiveness of

the HON continuous vent provisions.

Under the proposed rule, it is estimated that total capital costs

for existing sources would be $10.2 million (August 1996 dollars) and

that total annual costs would be $7.7 million per year. It is expected

that the actual compliance cost impacts of the proposed rule could be

less than presented because of the potential to use common combustion,

recovery, or recapture devices, upgrade existing combustion, recovery,

or recapture devices, use other less expensive control technologies, or

implement pollution prevention. Because the effect of such practices is

highly site-specific and data were unavailable to estimate how often

the lower cost compliance practices could be utilized, it is not

possible to quantify the amount by which actual compliance cost would

be reduced.

F. Economic Impacts

The goal of the economic impact analysis is to estimate the market

response of the polyether polyols industry to the emission standards

and determine any adverse effects that may result from the regulation.

Approximately 78 facilities owned by 36 different companies producing

polyether polyols domestically may potentially be affected by the

regulation.

Since the nationwide annualized cost of this regulation of $7.7

million represents approximately 0.06 percent of the estimated 1996

sales revenues for domestically produced polyether polyols, the EPA

determined that the regulation is not likely to have a significant

impact on this industry as a whole. For this reason, a streamlined

economic analysis was performed to determine facility-specific impacts.

Facility-specific impacts were examined by calculating the ratio of the

estimated annualized costs of controls for each facility to the

estimated revenues per facility (i.e., cost-to-sales ratio) to assess

the likelihood of facility closures and employment impacts. A cost-to-

sales ratio exceeding one percent was determined to be an initial

indicator of the potential for a significant facility impact.

For only one facility out of the 78 facilities affected by the

regulation do costs exceed one percent of sales. This firm is estimated

to experience a cost-to-sales ratio of 1.5 percent. Based on an

analysis of the costs of compliance compared to facility and company

financial data for this firm, the EPA concludes it is unlikely that the

company owning this facility will choose to close it. The company is

financially robust and the costs are a small share of the total company

sales and net income. Therefore, the facility-specific impacts are not

considered to be significant for any facility affected by the

regulation. The generally small scale of the impacts suggests that

there will also be no significant impacts on markets for the products

made using polyether polyols, such as polyurethanes. For more

information, consult the economic impact report entitled ``Economic

Analysis Of Air Pollution Regulations: Polyether Polyols Production,

May 1997.''

[[Page 46817]]

VIII. Administrative Requirements

A. Public Hearing

A public hearing will be held, if requested, to discuss the

proposed standard in accordance with section 307(d)(5) of the Act.

Persons wishing to make oral presentation on the proposed standards for

polyether polyols production should contact EPA at the address given in

the ADDRESSES section of this preamble. Oral presentations will be

limited to 15 minutes each. Any member of the public may file a written

statement before, during, or within 30 days after the hearing. Written

statements should be addressed to the Air Docket Section address given

in the ADDRESSES section of this preamble and should refer to Docket

No. A-95-20.

A verbatim transcript of the hearing and written statements will be

available for public inspection and copying during normal working hours

at EPA's Air Docket Section in Washington, DC (see ADDRESSES section of

this preamble).

B. Docket

The docket is an organized and complete file of all the information

submitted to or otherwise considered by EPA in the development of this

proposed rulemaking. The principal purposes of the docket are:

1. To allow interested parties to readily identify and locate

documents so that they can intelligently and effectively participate

in the rulemaking process; and

2. To serve as the record in case of judicial review (except for

interagency review materials (section 307(d)(7)(A)).

C. Executive Order 12866

Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to Office of Management and Budget (OMB) review

and the requirements of this Executive Order. The Order defines

``significant regulatory action'' as one that is likely to result in 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, or 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

this Executive Order.

It has been determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review.

D. Enhancing the Intergovernmental Partnership Under Executive Order

12875

In compliance with Executive Order 12875, EPA has involved State,

local, and tribal governments where the sources occur in the

development of this rule. These governments are not directly impacted

by the rule; i.e., they are not required to purchase control systems to

meet the requirements of the rule. However, they will be required to

implement this rule; e.g., incorporate the rule into permits and

enforce the rule. They will collect permit fees that will be used to

offset the resource burden of implementing the rule.

E. Paperwork Reduction Act

The information collection requirements in this proposed rule have

been submitted for approval to OMB under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document

has been prepared by EPA (ICR No. 1811.01), and a copy may be obtained

from Sandy Farmer, OPPE Regulatory Information Division (2137); U.S.

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

or by calling (202) 260-2740. The public reporting burden for this

collection of information is estimated to average 1,046 hours per

respondent for the first year and 162 hours for each of the second and

third years, including time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and

completing and reviewing the collection of information. An Agency may

not conduct or sponsor, and a person is not required to respond to, a

collection of information unless it displays a currently valid OMB

control number. The OMB control numbers for EPA's regulations are

listed in 40 CFR part 9 and 48 CFR Ch. 15.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden, to Chief, Information Policy Branch, 2136, U.S. Environmental

Protection Agency, 401 M Street SW., Washington, DC 20503, marked

``Attention: Desk Officer for EPA.'' The final rule will respond to any

OMB or public comments on the information collection requirements

contained in this proposal.

F. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities.

The EPA analyzed the potential impact of the rule on small entities

and determined that only 7 of the 36 polyether polyol producing firms

are small entities--not a substantial number of entities. Of these 7,

no small companies will experience an increase in costs as a result of

the promulgation of today's rule that is greater than one percent of

revenues. Pursuant to section 605(b) of the Regulatory Flexibility Act

(5 U.S.C. 605(b)), I certify that this rule will not have a significant

impact on a substantial number of small entities. Therefore, the Agency

did not prepare an initial regulatory flexibility analysis.

Although the statute does not require the EPA to prepare an RFA

because the Administrator has certified that the rule will not have a

significant economic impact on a substantial number of small entities,

the EPA did undertake a limited assessment, to the extent it could, of

possible outcomes and the economic effect of these on small polyether

polyol producing entities. The initial version of that evaluation is

available in the administrative record for today's action.

G. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of certain regulatory actions on State, local, and tribal

governments and the private sector, and to seek input from State,

local, and tribal governments on certain regulatory actions. EPA has

determined that this action does not contain a Federal mandate that may

result in expenditures of $100 million or more for State, local, and

tribal governments, in the aggregate, or the private sector in any one

year. (The analysis of the costs associated with this action is

referenced in paragraph VI.E of this preamble.) Therefore, this action

is not subject to the requirements of sections 202 and 205 of the UMRA.

The requirements of sections 203 and 204 of UMRA which relate to

regulatory requirements that might significantly or uniquely affect

small governments and to regulatory proposals that contain a

significant Federal intergovernmental

[[Page 46818]]

mandate, respectively, also do not apply to today's rule because the

rule affects only the private sector, i.e., facilities that manufacture

chemical products for sale.

H. Miscellaneous

In accordance with section 117 of the Act, publication of this

proposal was preceded by consultation with appropriate advisory

committees, independent experts, and Federal departments and agencies.

The Administrator will welcome comments on all aspects of the proposed

regulation, including health, economic and technical issues, and on the

proposed requirements for testing.

This regulation will be reviewed 8 years from the date of

promulgation. This review will include an assessment of such factors as

evaluation of the residual health and environmental risks, any overlap

with other programs, the existence of alternative methods,

enforceability, improvements in emission control technology and health

data, and the recordkeeping and reporting requirements.

Lists of Subjects in 40 CFR Part 63

Environmental Protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: August 15, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, part 63 of title 40,

chapter I of the Code of Federal Regulations is proposed to be amended

as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

FOR AFFECTED SOURCE CATEGORIES

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

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

2. It is proposed that part 63 be amended by adding subpart PPP,

consisting of Secs. 63.1420 through 63.1439, to read as follows:

Subpart PPP--National Emission Standards for Hazardous Air Pollutant

Emissions for Polyether Polyols Production

Sec.

63.1420 Applicability and designation of affected sources.

63.1421 Delegation of authority.

63.1422 Compliance schedule and relationship to existing applicable

rules.

63.1423 Definitions.

63.1424 Emission standards.

63.1425 Process vent control requirements.

63.1426 Process vent requirements for determining organic HAP

concentration, control efficiency, and overall organic HAP emission

reduction for a PAPPU.

63.1427 Process vent requirements for processes using extended

cookout as an epoxide emission reduction device.

63.1428 Process vent requirements for group determination of PMPUs

using a nonepoxide organic HAP to make or modify the product.

63.1429 Process vent monitoring requirements.

63.1430 Process vent reporting and recordkeeping requirements.

63.1431 Emission Factor Plan Requirements.

63.1432 Storage vessel provisions.

63.1433 Wastewater provisions.

63.1434 Equipment leak provisions.

63.1435 Heat exchanger provisions.

63.1436 [Reserved]

63.1437 Additional test methods and procedures.

63.1438 Parameter monitoring levels and excursions.

63.1439 General recordkeeping and reporting provisions.

Subpart PPP--National Emission Standards for Hazardous Air

Pollutant Emissions for Polyether Polyols Production

Sec. 63.1420 Applicability and designation of affected sources.

(a) Definition of affected source. The provisions of this subpart

apply to each affected source. Affected sources are described in

paragraphs (a)(1) through (a)(4) of this section.

(1) An affected source is either an existing affected source or a

new affected source. Existing affected source is defined in paragraph

(a)(3) of this section, and new affected source is defined in paragraph

(a)(4) of this section.

(2) Emission points and equipment. The affected source also

includes the emission points and equipment specified in paragraphs

(a)(2)(i) through (a)(2)(vi) of this section that are associated with

each group of polyether polyol manufacturing process units (PMPU)

making up an affected source, as defined in Sec. 63.1423.

(i) Each waste management unit.

(ii) Maintenance wastewater.

(iii) Each heat exchange system.

(iv) Equipment required by, or utilized as a method of compliance

with, this subpart which may include control techniques and recovery

devices.

(v) Product finishing operation.

(vi) Each feed or catalyst operation.

(3) An existing affected source is defined as each group of one or

more PMPU that is not part of a new affected source, as defined in

paragraph (a)(4) of this section, and that is located at a plant site

that is a major source.

(4) A new affected source is defined as a source meeting the

criteria of paragraph (a)(4)(i), (a)(4)(ii), or (a)(4)(iii) of this

section.

(i) At a site previously without organic HAP emission points (i.e.,

a ``greenfield'' site), each group of one or more PMPUs that is part of

a major source, and on which construction for the PMPU(s) commenced

after September 4, 1997;

(ii) A PMPU meeting the criteria in paragraph (g)(1)(i) of this

section; or

(iii) A reconstructed affected source meeting the criteria in

paragraph (g)(2)(i) of this section.

(b) PMPUs without organic HAP. The owner or operator of a PMPU that

is part of an affected source, as defined in paragraph (a) of this

section, that does not use or manufacture any organic HAP shall comply

with the requirements of paragraphs (b)(1) and (b)(2) of this section.

Such a PMPU is not subject to any other provisions of this subpart and

is not required to comply with the provisions of subpart A of this

part.

(1) Retain information, data, and analyses used to document the

basis for the determination that the PMPU does not use any organic HAP.

Types of information that could document this determination 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 PMPU

does not use any organic HAP.

(c) Emission points not subject to the provisions of this subpart.

The affected source includes the emission points listed in paragraphs

(c)(1) through (c)(12) of this section, but these emission points are

not subject to the requirements of this subpart or the provisions of

subpart A of this part.

(1) Equipment that does not contain organic HAP and is located at a

PMPU that is part of an affected source;

(2) Stormwater from segregated sewers;

(3) Water from fire-fighting and deluge systems in segregated

sewers;

(4) Spills;

(5) Water from safety showers;

(6) Water from testing of deluge systems;

(7) Water from testing of firefighting systems;

(8) Vessels and equipment storing and/or handling material that

contains no organic HAP or organic HAP as impurities only;

[[Page 46819]]

(9) Equipment that operates in organic HAP service for less than

300 hours during the calendar year;

(10) Loading racks, loading arms, or loading hoses that only

transfer liquids containing HAP as impurities;

(11) Loading racks, loading arms, or loading hoses that vapor

balance during all loading operations; and

(12) Utility fluids, such as heat transfer fluids.

(d) Processes exempted from the affected source. The processes

specified in paragraphs (d)(1) through (d)(3) of this section are not

part of the affected source and are exempted from the requirements of

both this subpart and from the provisions of subpart A of this part.

(1) Research and development facilities; and

(2) Solvent reclamation, recovery, or recycling operations at

hazardous waste treatment, storage, and disposal facilities (TSDF)

requiring a permit under 40 CFR part 270 that are separate entities and

not part of a PMPU to which this subpart applies.

(3) Reactions or processing that occur after the manufacture of

polyether polyol products.

(e) Primary product determination and applicability. The primary

product of a process unit shall be determined according to the

procedures specified in paragraphs (e)(1) and (e)(2) of this section.

Paragraphs (e)(3) through (e)(4) of this section describe whether or

not a process unit is subject to this subpart. Paragraphs (e)(5)

through (e)(7) of this section discuss compliance for those PMPUs

operated as flexible operation units, as specified in paragraph (e)(2)

of this section.

(1) If a process unit only manufactures one product, then that

product shall represent the primary product of the process unit.

(2) If a process unit is designed and operated as a flexible

operation unit, the primary product shall be determined as specified in

paragraphs (e)(2)(i) or (e)(2)(ii) of this section based on the

anticipated operations for the 5 years following [insert date of

publication of final rule] for existing affected sources and for the

first 5 years after initial start-up for new affected sources.

(i) If the flexible operation unit will manufacture one product for

the greatest operating time over the five year period, then that

product shall represent the primary product of the flexible operation

unit.

(ii) If the flexible operation unit will manufacture multiple

products equally based on operating time, then the product with the

greatest production on a mass basis over the five year period shall

represent the primary product of the flexible operation unit.

(3) If the primary product of a process unit is a polyether polyol

product, then that process unit is considered a PMPU. That PMPU is

either an affected source or is part of an affected source comprised of

other PMPU at the same plant site that also make polyether polyols, if

the plant site is a major source. The status of a process unit as a

PMPU, and as an affected source or part of an affected source shall not

change regardless of which polyether polyol products are produced in

the future by the PMPU, with the exception noted in paragraph (e)(3)(i)

of this section.

(i) If a process unit terminates the production of all polyether

polyol products and does not anticipate the production of any polyether

polyol products in the future, the process unit is no longer a PMPU, is

no longer an affected source or part of an affected source, and is not

subject to the provisions of this subpart after notification is made as

specified in paragraph (e)(3)(ii) of this section.

(ii) The owner or operator of a process unit that wishes to remove

the PMPU designation from the process unit, as specified in paragraph

(e)(3)(i) of this section, shall notify the Administrator. This

notification shall be accompanied by rationale for why it is

anticipated that no polyether polyol products will be produced in the

process unit in the future.

(iii) If a process unit meeting the criteria of paragraph (e)(3)(i)

of this section begins the production of a polyether polyol product in

the future, the owner or operator shall use the procedures in paragraph

(e)(4)(i) of this section to determine if the process unit is re-

designated as a PMPU.

(4) If the primary product of a process unit is not a polyether

polyol product, then that process unit is not an affected source, nor

is it part of any affected source subject to this subpart. The process

unit is not subject to this subpart at any time, regardless of what

product is being produced. The status of the process unit as not being

a PMPU, and therefore not being an affected source or part of an

affected source subject to this subpart, shall not change regardless of

what products are produced in the future by the PMPU, with the

exception noted in paragraph (e)(4)(i) of this section.

(i) If, at any time beginning [insert date 5 years from date of

publication of final rule], the owner or operator determines that a

polyether polyol product is the primary product for the process unit

based on actual production data for any preceding consecutive five-year

period, then the process unit shall be classified as a PMPU. If that

PMPU is not subject to another subpart of 40 CFR part 63, it is either

an affected source or part of an affected source and shall be subject

to this subpart. If the PMPU is subject to another subpart of 40 CFR

part 63, it is not an affected source for the purposes of this subpart.

(ii) If a process unit meets the criteria of paragraph (e)(4)(i) of

this section, the owner or operator shall notify the Administrator

within 6 months of making this determination. The PMPU, as the entire

affected source or part of an affected source, shall be in compliance

with the provisions of this rule within 3 years from the date of such

notification.

(5) Once the primary product of a process unit has been determined

to be a polyether polyol product, the owner or operator of the affected

source shall comply with the provisions of this subpart, as specified

in either paragraph (e)(5)(i) or (e)(5)(ii) of this section, except as

specified in paragraph (e)(5)(iii) of this section.

(i) Each owner or operator shall determine the applicability of the

provisions for each emission point that is part of that flexible

operation unit based on emission point characteristics when a polyether

polyol is being manufactured. Based on this finding, the owner or

operator shall comply with the applicable standards of this subpart for

each emission point, as appropriate, at all times, regardless of what

product is being produced.

(ii) Alternatively, each owner or operator shall determine the

applicability of the provisions of this subpart to each emission point

that is part of the flexible operation unit based on the emission point

characteristics when each product produced by the flexible operation

unit is manufactured, regardless of whether the product is a polyether

polyol product or not. Based on these findings, the owner or operator

shall comply with the applicable requirements, as appropriate,

regardless of what product is being produced.

Note: Under this scenario, it is possible that the group status,

and therefore the requirement to achieve emission reductions, for an

emission point may change depending on the product being

manufactured.

(iii) Whenever a flexible operation unit manufactures a product

that meets the criteria of paragraph (b) of this section (i.e., does

not use or manufacture any organic HAP), the owner or operator shall

comply only with either paragraph (b)(1) or (b)(2) of this section to

demonstrate compliance

[[Page 46820]]

for activities associated with the manufacture of that product. This

subpart does not require compliance with the provisions of subpart A of

this part for activities associated with the manufacture of a product

that meets the criteria of paragraph (b) of this section.

(6) The determination of the primary product for a process unit, to

include the determination of applicability of this subpart to process

units that are designed and operated as flexible operation units, shall

be reported in the Notification of Compliance Status required by

Sec. 63.1439(e)(5) when the primary product is determined to be a

polyether polyol product. The Notification of Compliance Status shall

include the information specified in either paragraph (e)(6)(i) or

(e)(6)(ii) of this section. If the primary product is determined to be

something other than a polyether polyol product, the owner or operator

shall retain information, data, and analysis used to document the basis

for the determination that the primary product is not a polyether

polyol product.

(i) If the PMPU manufactures only polyether polyol products,

identification of that fact.

(ii) If the PMPU is designed and operated as a flexible operation

unit, the information specified in paragraphs (e)(6)(ii)(A) through

(e)(6)(ii)(C) of this section, as appropriate.

(A) Identification of polyether polyols as the primary product.

(B) Identification of the compliance option (either paragraph

(e)(5)(i) or (e)(5)(ii) of this section), that has been selected by the

owner or operator.

(7) To demonstrate compliance with the rule during those periods

when a flexible operation unit that is subject to this subpart is

producing a product that is not a polyether polyol, the owner or

operator shall comply with either paragraphs (e)(7)(i) and (e)(7)(ii)

or paragraph (e)(7)(iii) of this section.

(i) Establish parameter monitoring levels as specified in

Sec. 63.1438, for those applicable emission points designated as Group

1 (or emission points subject to these provisions); and

(ii) Submit the parameter monitoring levels developed under

paragraph (e)(7)(i) of this section and the basis for them in the

Notification of Compliance Status report, as specified in

Sec. 63.1439(e)(6); or

(iii) Demonstrate that the parameter monitoring levels established

are also appropriate for those periods when products other than

polyether polyols are being produced. Material demonstrating this

finding shall be submitted in the Notification of Compliance Status

report as specified in Sec. 63.1439(e)(5).

(f) Storage vessel ownership determination. The owner or operator

shall follow the procedures specified in paragraphs (f)(1) through

(f)(7) of this section to determine to which process unit a storage

vessel shall belong. Paragraph (f)(8) of this section specifies when an

owner or operator is required to redetermine to which process unit a

storage vessel belongs.

(1) If a storage vessel is already subject to another subpart of 40

CFR part 63 on [insert date of publication of final rule], that storage

vessel shall belong to the process unit subject to the other subpart

and none of the other provisions in this subpart shall apply to that

storage vessel.

(2) If a storage vessel is dedicated to a single process unit, the

storage vessel shall belong to that process unit.

(3) If a storage vessel is shared among process units, then the

storage vessel shall belong to that process unit located on the same

plant site as the storage vessel that has the greatest input into or

output from the storage vessel (i.e., the process unit that has the

predominant use of the storage vessel.)

(4) If predominant use cannot be determined for a storage vessel

that is shared among process units and if only one of those process

units is a PMPU subject to this subpart, the storage vessel shall

belong to that PMPU.

(5) If predominant use cannot be determined for a storage vessel

that is shared among process units and if more than one of the process

units are PMPUs that have different primary products and that are

subject to this subpart, then the owner or operator shall assign the

storage vessel to any one of the PMPUs sharing the storage vessel.

(6) If the predominant use of a storage vessel varies from year to

year, then predominant use shall be determined based on the utilization

that occurred during the year preceding [insert date of publication of

final rule] or based on the expected utilization for the 5 years

following [insert date of publication of final rule] for existing

affected sources, whichever is more representative of the expected

operations for that storage vessel, and based on the expected

utilization for the 5 years after initial start-up for new affected

sources. The determination of predominant use shall be reported in the

Notification of Compliance Status, as required by

Sec. 63.1439(e)(5)(vi).

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

includes one or more 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 shall be determined according to the

provisions in paragraphs (f)(7)(i) through (f)(7)(iv) of this section.

(i) The storage vessel may only be assigned to a process unit that

utilizes the storage vessel and does not have an intervening storage

vessel for that product (or raw materials, as appropriate). With

respect to any process unit, an intervening storage vessel means a

storage vessel connected by hard-piping to both the process unit and to

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

entering or leaving the 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 process unit at the major source that meets the

criteria of paragraph (f)(7)(i) of this section with respect to a

storage vessel, this subpart does not apply to the storage vessel.

(iii) If there is only one process unit at the major source that

meets the criteria of paragraph (f)(7)(i) of this section with respect

to a storage vessel, the storage vessel shall be assigned to that

process unit. Applicability of this subpart to the storage vessel shall

then be determined according to the provisions of paragraph (a) of this

section.

(iv) If there are two or more process units at the major source

that meet the criteria of paragraph (f)(7)(i) of this section with

respect to a storage vessel, the storage vessel shall be assigned to

one of those process units according to the provisions of paragraphs

(f)(3) through (f)(6) of this section. The predominant use shall be

determined among only those process units that meet the criteria of

paragraph (f)(7)(i) of this section.

(8) If there is a change in the utilization of the storage vessel

that could reasonably be expected to change the predominant use, the

owner or operator shall redetermine to which process unit the storage

vessel belongs by reperforming the procedures specified in paragraphs

(f)(2) through (f)(7) of this section, as appropriate.

(g) Changes or additions to plant sites. The provisions of

paragraphs (g)(1) through (g)(3) of this section apply to owners or

operators that change or add to their plant site or affected source.

Paragraph (g)(4) provides examples of what are and are not considered

process changes for purposes of paragraph (g) of this section.

(1) Adding a PMPU to a plant site. The provisions of paragraphs

(g)(1)(i)

[[Page 46821]]

and (g)(1)(ii) of this section apply to owners or operators that add

PMPUs to a plant site.

(i) If one or more PMPU is added to a plant site, the addition

shall be a new affected source and shall be subject to the requirements

for a new affected source in this subpart upon initial start-up or by

[insert date of publication of final rule], whichever is later, if the

addition meets the criteria specified in paragraphs (g)(1)(i)(A) and

(g)(1)(i)(B) and either (g)(1)(i)(C) or (g)(1)(i)(D) of this section:

(A) It is an addition that meets the definition of construction in

Sec. 63.2 of subpart A;

(B) Such construction commenced after September 4, 1997; and

(C) The addition has the potential to emit 10 tons per year or more

of any organic HAP or 25 tons per year or more of any combination of

organic HAP, and a polyether polyol is the primary product of the

addition and polyether polyols are currently produced at the plant site

as the primary product of an affected source; or

(D) A polyether polyol is not currently produced at the plant site

as the primary product of an affected source, and the plant site meets,

or after the addition is constructed will meet, the definition of a

major source in Sec. 63.2 of subpart A.

(ii) If a PMPU is added to a plant site, the addition shall be

subject to the requirements for an existing affected source in this

subpart upon initial start-up or by 3 years after [insert date of

publication of final rule], whichever is later, if the addition does

not meet the criteria specified in paragraph (g)(1)(i) of this section

and the plant site meets, or after the addition is completed will meet,

the definition of major source.

(2) Adding emission points or making process changes to existing

affected sources. The provisions of paragraphs (g)(2)(i) and (g)(2)(ii)

of this section apply to owners or operators that add emission points

or make process changes to an existing affected source.

(i) If any process change is made or emission point is added to an

existing affected source, the entire affected source shall be a new

affected source and shall be subject to the requirements for a new

affected source in this subpart upon initial start-up or by [insert

date of publication of final rule], whichever is later, if the process

change or addition meets the criteria specified in paragraphs

(g)(2)(i)(A) through (g)(2)(i)(B) of this section:

(A) It is a process change or addition that meets the definition of

reconstruction in Sec. 63.2 of subpart A; and

(B) Such reconstruction commenced after September 4, 1997.

(ii) If any process change is made or emission point is added to an

existing affected source, and the process change or addition does not

meet the criteria specified in paragraphs (g)(2)(i)(A) and (g)(2)(i)(B)

of this section, the resulting emission point(s) shall be subject to

the requirements for an existing affected source in this subpart. The

resulting emission point(s) shall be in compliance upon initial start-

up or by 3 years after [insert date of publication of final rule],

whichever is later.

(3) Existing affected source requirements for Group 2 emission

points that become Group 1 emission points. If a process change or

addition that does not meet the criteria in paragraph (g)(1)(i) or

(g)(2)(i) of this section is made to an existing plant site or existing

affected source, and the change causes a Group 2 emission point to

become a Group 1 emission point, for that emission point the owner or

operator shall comply with the requirements of this subpart for

existing Group 1 emission points. Compliance shall be achieved as

expeditiously as practical, but in no event later than 3 years after

the emission point becomes a Group 1 emission point.

(4) Determining what are and are not process changes. For purposes

of paragraph (g) of this section, examples of process changes include,

but are not limited to, additions in process equipment resulting in

changes in production capacity, production of a product outside the

scope of the compliance demonstration, or whenever there is a

replacement, removal, or addition of recovery equipment. For purposes

of paragraph (g) of this section, process changes do not include:

Process upsets, unintentional temporary process changes, and changes

that are within the equipment configuration and operating conditions

documented in the Notification of Compliance Status report required by

Sec. 63.1439(e)(5).

(h) Applicability of this subpart except during periods of start-

up, shutdown, malfunction, or non-operation. Paragraphs (h)(1) through

(h)(3) of this section shall be followed during periods of start-up,

shutdown, malfunction, and non-operation of the affected source or any

part thereof.

(1) The provisions set forth in this subpart and the provisions

referred to in this subpart shall apply at all times except during

periods of non-operation of the affected source (or specific portion

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

applies, or periods of start-up or shutdown, malfunction. However, if a

start-up, shutdown, malfunction, or period of non-operation of one

portion of an affected source 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 during the

start-up, shutdown, malfunction, or period of non-operation. For

example, the degassing of a storage vessel would not affect the ability

of a process vent to meet the requirements of Secs. 63.1425 through

63.1430.

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

that are required or utilized for compliance with this subpart 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 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 affected source or portion thereof.

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

requirements of this subpart do not apply pursuant to paragraphs (h)(1)

through (h)(3) of this section, the owner or operator shall implement,

to the extent reasonably available, measures to prevent or minimize

excess emissions. 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. 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 affected source. Back-up control techniques

are not required, but may be used if available.

Sec. 63.1421 Delegation of authority

(a) In delegating implementation and enforcement authority to a

State under section 112(l) of the Act, the authorities contained in

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

and not transferred to a State.

(b) Authorities which will not be delegated to the States: The

permission to use an alternative means of emission

[[Page 46822]]

limitation, from Sec. 63.6(g) of subpart A, and the authority of

Sec. 63.177 of subpart H.

Sec. 63.1422 Compliance schedule and relationship to existing

applicable rules.

(a) Affected sources are required to achieve compliance on or

before the dates specified in paragraphs (b) through (d) of this

section. Paragraph (e) of this section provides information on

requesting compliance extensions. Paragraphs (f) through (j) of this

section discuss the relationship of this subpart to subpart A and to

other applicable rules. Where an override of another authority of the

Act is indicated in this subpart, only compliance with the provisions

of this subpart is required. Paragraph (k) of this section specifies

the meaning of time periods.

(b) New affected sources that commence construction or

reconstruction after September 4, 1997 shall be in compliance with this

subpart upon initial start-up or by [insert date of publication of

final rule], whichever is later, as provided in Sec. 63.6(b) of subpart

A.

(c) Existing affected sources shall be in compliance with this

subpart (except for Sec. 63.1434 for which compliance is covered by

paragraph (d) of this section) no later than 3 years after [insert date

of publication of final rule], as provided in Sec. 63.6(c) of subpart

A, unless an extension has been granted as specified in paragraph (e)

of this section.

(d) Except as provided for in paragraphs (d)(1) through (d)(5) of

this section, existing affected sources shall be in compliance with

Sec. 63.1434 no later than [date 6 months from date of publication of

final rule] unless an extension has been granted pursuant to section

112(i)(3)(B) of the Act, as discussed in Sec. 63.182(a)(6) of subpart

H.

(1) Compliance with the compressor provisions of Sec. 63.164 of

subpart H shall occur no later than [date 1 year from date of

publication of final rule] for any compressor meeting one or more of

the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this

section, if the work can be accomplished without a process unit

shutdown, as defined in Sec. 63.161 of subpart H.

(i) The seal system will be replaced;

(ii) A barrier fluid system will be installed; or

(iii) A new barrier fluid will be utilized which requires changes

to the existing barrier fluid system.

(iv) The compressor must be modified to permit connecting the

compressor to a closed vent system.

(2) Compliance with the compressor provisions of Sec. 63.164 of

subpart H shall occur no later than [date 18 months from date of

publication of final rule], for any compressor meeting all the criteria

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

(i) The compressor meets one or more of the criteria specified in

paragraphs (d)(1)(i) through (d)(1)(iv) of this section;

(ii) The work can be accomplished without a process unit shutdown

as defined in Sec. 63.161 of subpart H;

(iii) The additional time is necessary, due to the unavailability

of parts beyond the control of the owner or operator; and

(iv) The owner or operator submits the request for a compliance

extension to the appropriate U.S. Environmental Protection Agency (EPA)

Regional Office at the addresses listed in Sec. 63.13 of subpart A no

later than 45 days before [date 6 months from date of publication of

final rule]. The request for a compliance extension shall contain the

information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D) of subpart

A. Unless the EPA Regional Office objects to the request for a

compliance extension within 30 days after receipt of the request, the

request shall be deemed approved.

(3) If compliance with the compressor provisions of Sec. 63.164 of

subpart H cannot reasonably be achieved without a process unit

shutdown, as defined in Sec. 63.161 of subpart H, the owner or operator

shall achieve compliance no later than [date 2 years after date of

publication of final rule]. The owner or operator who elects to use

this provision shall submit a request for an extension of compliance in

accordance with the requirements of paragraph (d)(2)(iv) of this

section.

(4) Compliance with the compressor provisions of Sec. 63.164 of

subpart H shall occur not later than [date 3 years from date of

publication of final rule] for any compressor meeting one or more of

the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of this

section. The owner or operator who elects to use these provisions shall

submit a request for an extension of compliance in accordance with the

requirements of paragraph (d)(2)(iv) of this section.

(i) Compliance cannot be achieved without replacing the compressor;

(ii) Compliance cannot be achieved without recasting the distance

piece; or

(iii) Design modifications are required to connect to a closed-vent

system.

(5) Compliance with the surge control vessel and bottoms receiver

provisions of Sec. 63.170 of subpart H shall occur no later than [date

3 years from date of publication of final rule].

(e) Pursuant to section 112(i)(3)(B) of the Act, an owner or

operator may request an extension allowing the existing affected source

up to 1 additional year to comply with section 112(d) standards. For

purposes of this subpart, a request for an extension shall be submitted

to the permitting authority as part of the operating permit application

or to the Administrator as a separate submittal or as part of the

Precompliance Report. Requests for extensions shall be submitted no

later than 120 days prior to the compliance dates specified in

paragraphs (b) through (d) of this section, except as discussed in

paragraph (e)(3) of this section. The dates specified in Sec. 63.6(i)

of subpart A for submittal of requests for extensions shall not apply

to this subpart.

(1) A request for an extension of compliance shall include the data

described in Sec. 63.6(i)(6)(i)(A), (B), and (D) of subpart A.

(2) The requirements in Sec. 63.6(i)(8) through Sec. 63.6(i)(14) of

subpart A shall govern the review and approval of requests for

extensions of compliance with this subpart.

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

after the date specified in paragraph (e) of this section, provided

that the need for the compliance extension arose after that date, and

the need arose due to circumstances beyond reasonable control of the

owner or operator. This request shall include, in addition to the

information specified in paragraph (e)(1) of this section, a statement

of the reasons additional time is needed and the date when the owner or

operator first learned of the problem.

(f) Table 1 of this subpart specifies the provisions of subpart A

of this part that apply and those that do not apply to owners and

operators of affected sources subject to this subpart. For the purposes

of this subpart, Table 3 of subpart F of this part is not applicable.

(g) Table 2 of this subpart summarizes the provisions of subparts

F, G, and H of this part that apply and those that do not apply to

owners and operators of affected sources subject to this subpart.

(h)(1) After the compliance dates specified in this section, an

affected source subject to this subpart that is also subject to the

provisions of 40 CFR part 63, subpart I, is required to comply only

with the provisions of this subpart.

(2) Sources subject to 40 CFR part 63, subpart I that have elected

to comply through a quality improvement program, as specified in

Sec. 63.175 or Sec. 63.176 or both of subpart H, may elect to continue

these programs without interruption as a means of complying with this

subpart. In other words, becoming subject to this subpart does not

restart or reset the ``compliance

[[Page 46823]]

clock'' as it relates to reduced burden earned through a quality

improvement program.

(i) After the compliance dates specified in this section, a storage

vessel that belongs to an affected source subject to this subpart that

is also subject to the provisions of 40 CFR part 60, subpart Kb is

required to comply only with the provisions of this subpart. After the

compliance dates specified in this section, that storage vessel shall

no longer be subject to 40 CFR part 60, subpart Kb.

(j) Overlap with other regulations for monitoring, recordkeeping or

reporting with respect to combustion devices, recovery devices, or

recapture devices. After the compliance dates specified in this

subpart, if any combustion device, recovery device or recapture device

subject to this subpart is also subject to monitoring, recordkeeping,

and reporting requirements in 40 CFR part 264 subpart AA or CC, the

owner or operator may comply with either paragraph (j)(1) or (j)(2) of

this section. If, after the compliance dates specified in this subpart,

any combustion device, recovery device, or recapture device subject to

this subpart is subject to monitoring and recordkeeping requirements in

40 CFR part 265 subpart AA or CC, the owner or operator may comply with

either paragraph (j)(1) or (j)(3) of this section. If the owner or

operator elects to comply with either paragraph (j)(2) or (j)(3) of

this section, the owner or operator shall notify the Administrator of

this choice in the Notification of Compliance Status required by

Sec. 63.1439(e)(5).

(1) The owner or operator shall comply with the monitoring,

recordkeeping and reporting requirements of this subpart.

(2) The owner or operator shall comply with the monitoring,

recordkeeping and reporting requirements in 40 CFR part 264, with the

following exception. All excursions, as defined in Sec. 63.1438(f) of

this subpart, shall be reported in the periodic report. Compliance with

this paragraph shall constitute compliance with the monitoring,

recordkeeping and reporting requirements of this subpart.

(3) The owner or operator shall comply with the monitoring and

recordkeeping requirements of 40 CFR part 265 subpart AA or CC and the

periodic reporting requirements under 40 CFR part 264 subpart AA or CC

that would apply to the device if the facility had final-permitted

status, with the following exception. All excursions, as defined in

Sec. 63.1438(f) of this subpart, shall be reported in the periodic

report. Compliance with this paragraph shall constitute compliance with

the monitoring, recordkeeping and reporting requirements of this

subpart.

(k)(1) Notwithstanding time periods specified in this subpart 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.

(2) 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)(2)(i) or (k)(2)(ii) of this

section, as appropriate.

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

calendar period within which the compliance deadline occurs, if there

remain 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

(ii) 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.

(3) In all instances where a provision of this subpart 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 that the task is conducted at a reasonable

interval after completion of the task during the previous period.

Sec. 63.1423 Definitions.

(a) The following terms used in this subpart shall have the meaning

given them in subparts A (Sec. 63.2), F (Sec. 63.101), G (Sec. 63.111),

and H (Sec. 63.161) as specified after each term:

Act (subpart A)

Administrator (subpart A)

Automated monitoring and recording system (subpart G)

Boiler (subpart G)

Bottoms receiver (subpart H)

By-product (subpart F)

Car-seal (subpart G)

Closed-vent system (subpart G)

Combustion device (subpart G)

Commenced (subpart A)

Compliance date (subpart A)

Compliance schedule (subpart A)

Construction (subpart A)

Continuous monitoring system (subpart A)

Emission standard (subpart A)

EPA (subpart A)

Equipment (subpart H)

Equipment leak (subpart H)

Flow indicator (subpart G)

Fuel gas (subpart F)

Fuel gas system (subpart F)

Hard-piping (subpart G)

Heat exchange system (subpart F)

Impurity (subpart F)

Incinerator (subpart G)

In organic hazardous air pollutant (HAP) service (subpart H)

Major source (subpart A)

Malfunction (subpart A)

New source (subpart A)

Open-ended valve or line (subpart H)

Operating permit (subpart F)

Organic monitoring device (subpart G)

Owner or operator (subpart A)

Performance evaluation (subpart A)

Performance test (subpart A)

Permitting authority (subpart A)

Plant site (subpart F)

Potential to emit (subpart A)

Primary fuel (subpart G)

Process heater (subpart G)

Process unit shutdown (subpart H)

Process wastewater (subpart F)

Process wastewater stream (subpart G)

Reactor (subpart G)

Recapture device (subpart G)

Reconstruction (subpart A)

Relief valve (subpart G)

Research and development facility (subpart F)

Run (subpart A)

Secondary fuel (subpart G)

Sensor (subpart H)

Specific gravity monitoring device (subpart G)

Start-up, shutdown, and malfunction plan (subpart F)

State (subpart A)

Surge control vessel (subpart H)

Temperature monitoring device (subpart G)

Test method (subpart A)

Total resource effectiveness index value (subpart G)

Treatment process (subpart G)

Visible emission (subpart A)

(b) All other terms used in this subpart shall have the meaning

given them in this section. If a term is defined in a subpart

referenced above and in this section, it shall have the meaning given

in this section for purposes of this subpart.

Affected source is defined in Sec. 63.1420(a).

Annual average concentration, as used in conjunction with the

wastewater provisions, means the flow-weighted annual average

concentration and is determined by the procedures in Sec. 63.144(b) of

subpart G.

Annual average flow rate, as used in conjunction with the

wastewater provisions, is determined by the procedures in

Sec. 63.144(c).

Batch cycle means the step or steps, from start to finish, that

occur in a batch unit operation.

[[Page 46824]]

Batch unit operation means a unit operation involving intermittent

or discontinuous feed into equipment, and, in general, involves the

emptying of equipment after the batch cycle ceases and prior to

beginning a new batch cycle. Mass, temperature, concentration and other

properties of the process may vary with time. Addition of raw material

and withdrawal of product do not simultaneously occur in a batch unit

operations.

Catalyst extraction means the removal of the catalyst using either

solvent or physical extraction method.

Combination of process vents that are Group 1 means a group of

process vents that has a total resource effectiveness index value,

calculated according to Sec. 63.115 of subpart G, less than or equal to

1.0 for process vents from continuous unit operations. For process

vents from batch unit operations, the combination of process vents that

are Group 1 means a group of process vents that has a cutoff flow

greater than the annual average flow, calculated according to

Sec. 63.488(b) of subpart U.

Combination of process vents that are Group 2 means a group of

process vents that has a total resource effectiveness index value,

calculated according to Sec. 63.115 of subpart G, greater than 1.0 for

process vents from continuous unit operations. For process vents from

batch unit operations, the combination of process vents that are Group

2 streams means a group of process vents that has a cutoff flow less

than the annual average flow, calculated according to Sec. 63.488(b) of

subpart U.

Continuous record means documentation, either in hard copy or

computer readable form, of data values measured at least once during

approximately equal intervals of 15 minutes and recorded at the

frequency specified in Sec. 63.1439(d).

Continuous recorder is defined in Sec. 63.111, except that when the

definition in Sec. 63.111 reads ``or records 15-minute or more frequent

block average values,'' the phrase ``or records 1-hour or more frequent

block average values'' shall apply for purposes of this subpart.

Continuous unit operation means a unit operation where the inputs

and outputs flow continuously. Continuous unit operations typically

approach steady-state conditions. Continuous unit operations typically

involve the simultaneous addition of raw material and withdrawal of the

product.

Control technique means any equipment or process control used for

capturing, recovering, or oxidizing organic hazardous air pollutant

vapors. Such equipment includes, but is not limited to, absorbers,

adsorbers, boilers, condensers, flares, incinerators, process heaters,

and scrubbers, or any combination thereof. Process control includes

extended cookout (as defined in this section). Condensers operating as

reflux condensers that are necessary for processing, such as liquid

level control, temperature control, or distillation operation, shall be

considered inherently part of the process and will not be considered

control techniques.

Day means calendar day for the purposes of this subpart.

Emission point means an individual process vent, storage vessel,

wastewater stream, or equipment leak.

Epoxide means a chemical compound consisting of a three-membered

cyclic ether. Only emissions of epoxides listed in Table 4 (ethylene

oxide and propylene oxide) are regulated by the provisions of this

subpart.

Existing affected source is defined in Sec. 63.1420(a)(3).

Extended Cookout means a control technique that reduces the amount

of unreacted EO and/or PO (epoxides) in the reactor. This is

accomplished by allowing the product to react for a longer time period,

thereby having less unreacted epoxides and reducing epoxides emissions

that may have otherwise been emitted.

Flexible operation unit means a process unit that manufactures

different chemical products in addition to polyether polyols

periodically by alternating raw materials or operating conditions.

These units are also referred to as campaign plants or blocked

operations.

Group 1 storage vessel means a storage vessel that meets the

applicability criteria specified in Table 3 of this subpart.

Group 2 storage vessel means a storage vessel that does not fall

within the definition of a Group 1 storage vessel.

Group 1 wastewater stream means a process wastewater stream at an

existing or new affected source that meets the criteria for Group 1

status in Sec. 63.132(c) of subpart G, with the exceptions listed in

Sec. 63.1433(a)(10) for the purposes of this subpart (i.e., for organic

HAP listed on Table 5 of this subpart only).

Group 2 wastewater stream means any process wastewater stream as

defined in Sec. 63.101 of subpart F at an existing affected source that

does not meet the definition (in this section) of a Group 1 wastewater

stream.

Initial start-up means the first time a new or reconstructed

affected source begins production, or, for equipment added or changed

as described in Sec. 63.1420(g), the first time the equipment is put

into operation. Initial start-up does not include operation solely for

testing equipment. Initial start-up does not include subsequent start-

ups of an affected source or portion thereof following malfunctions or

shutdowns or following changes in product for flexible operation units.

Further, for purposes of Sec. 63.1422, initial start-up does not

include subsequent start-ups of affected sources or portions thereof

following malfunctions or process unit shutdowns.

Maintenance wastewater is defined in Sec. 63.101 of subpart F,

except that the term ``polyether polyol manufacturing process unit''

shall apply whenever the term ``chemical manufacturing process unit''

is used. Further, the generation of wastewater from the routine rinsing

or washing of equipment between batch cycles is not maintenance

wastewater, for the purposes of this subpart.

Make or modify the product means to produce the polyether polyol

with epoxides or other cyclic ethers with compounds having one or more

reactive hydrogens, and to add any preservatives/antioxidants in order

to maintain the quality of the finished product before shipping. Making

and modifying the product for this regulation does not include

grafting, polymerizing the polyol, or modifying it with compounds other

than EO or PO.

Maximum true vapor pressure is defined in Sec. 63.111 of subpart G,

except that the terms ``transfer'' and ``transferred'' shall not apply

for the purposes of this subpart.

Month means either a calendar month or a repeating 30-day period.

New affected source is defined in Sec. 63.1420(a)(4).

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

maintained by this subpart or required by another subpart referenced by

this subpart, a location within the plant site where the affected

source is located. On-site storage of records includes, but is not

limited to, a location at the affected source or PMPU to which the

records pertain or a location elsewhere at the plant site where the

affected source is located.

Operating day refers to the 24-hour period defined by the owner or

operator in the Notification of Compliance Status required by

Sec. 63.1439(e)(5). That 24-hour period may be from midnight to

midnight or another 24-hour period. The operating day is the 24-hour

period for which daily average monitoring values are determined.

Organic hazardous air pollutant(s) (organic HAP) means one or more

of the

[[Page 46825]]

chemicals listed in Table 4 of this subpart, or any other chemical

which:

(1) Is knowingly introduced into the manufacturing process other

than as an impurity, or has been or will be reported under any Federal

or State program, such as EPCRA section 311, 312, or 313 or Title V;

and

(2) Is listed in Table 2 of subpart F of this part.

Polyether polyol means a compound formed through the polymerization

of ethylene oxide (EO) or propylene oxide (PO) or other cyclic ethers

with compounds having one or more reactive hydrogens (i.e., a hydrogen

atom bonded to nitrogen, oxygen, phosphorus, sulfur, etc.) to form

polyethers. This definition excludes materials regulated under the HON,

such as glycols and glycol ethers.

Polyether polyol manufacturing process unit (PMPU) means a

collection of equipment assembled and connected by process pipes or

ducts, used to process raw materials and to manufacture a polyether

polyol product as its primary product. A polyether polyol process unit

consists of more than one unit operation. This collection of equipment

includes reactors and their associated product separators and recovery

devices, distillation units and their associated distillate receivers

and recovery devices, other associated unit operations, storage

vessels, surge control vessels, bottoms receivers, product transfer

racks, connected ducts and piping, combustion, recovery, or recapture

devices or systems, and the equipment (i.e., all pumps, compressors,

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

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

that are associated with the polyether polyol product process unit)

that are subject to the equipment leak provisions as specified in

Sec. 63.1434.

Primary product is defined in and determined by the procedures

specified in Sec. 63.1420(e).

Process means a logical grouping of processing equipment which

collectively function to produce a polyether polyols. A process may

consist of one or more unit operations. For the purpose of this

subpart, process includes all or a combination of reaction, recovery,

separation, purification, or other activity, operation, manufacture, or

treatment which are used to produce a polyether polyol.

Process condenser means a condenser whose primary purpose is to

recover material as an integral part of a unit operation. The condenser

must support a vapor-to-liquid phase change for periods of source

equipment operation that are above the boiling or bubble point of

substance(s). Examples of process condensers include distillation

condensers, reflux condensers, process condensers in line prior to the

vacuum source, and process condensers used in stripping or flashing

operations.

Process unit means a collection of equipment assembled and

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

a product.

Process vent means a point of emission from a unit operation having

a gaseous emission stream. Unit operations that may have process vents

are condensers, distillation units, reactors, or other unit operations

within the

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National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production · 62 FR 46804 | Frix