National Emission Standards for Hazardous Air Pollutants for Source Categories; Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-58793]

RIN 2060-AC19

National Emission Standards for Hazardous Air Pollutants for

Source Categories; Organic Hazardous Air Pollutants From the Synthetic

Organic Chemical Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: Amendments.

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SUMMARY: The EPA proposes to amend the National Emission Standards for

Hazardous Air Pollutants for Source Categories; Organic Hazardous Air

Pollutants from the Synthetic Organic Chemical Manufacturing Industry

(SOCMI) by adding tetrahydrobenzaldehyde (THBA) and crotonaldehyde to,

and removing acetaldol from, the list of chemical production processes.

This action also proposes to establish a separate compliance date of 3

years from final action for subparts F and G of part 63 and 1 year from

final action for subpart H of part 63 for THBA and crotonaldehyde

production processes. The EPA is also proposing a change to clarify

compliance demonstration requirements for flexible operation units.

This proposed action would implement section 112(d) of the Clean

Air Act as amended in 1990 (the Act), which requires the Administrator

to regulate emissions of hazardous air pollutants (HAP) listed in

section 112(b) of the Act. The intended effect of this proposed rule is

to protect the public by requiring new and existing major sources to

control emissions of HAP to the level reflecting application of the

maximum achievable control technology. This action also proposes to

amend the initial list of source categories of HAP required by section

112 (c) of the Act by removing THBA production from the list of

categories of major sources.

DATES: Comments. Comments must be received on or before September 22,

1997, unless a hearing is requested by September 22, 1997. If a hearing

is requested, written comments must be received by October 6, 1997.

Public Hearing. Anyone requesting a public hearing must contact the

EPA no later than September 2, 1997. If a hearing is held, it will take

place on September 8, 1997, beginning at 10 a.m.

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

possible) to: Air and Radiation Docket and Information Center (6102),

Attention Docket Number A-95-30 (see docket section below), Room M-

1500, U.S. Environmental Protection Agency, 401 M Street, SW,

Washington, D.C. 20460. The EPA requests that a separate copy also be

sent to the contact person listed below.

Public Hearing. If a public hearing is held, it will be held at the

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

North Carolina. Persons interested in attending the hearing or wishing

to present oral testimony should notify Marguerite Thweatt, U.S.

Environmental Protection Agency, Research Triangle Park, N.C. 27711,

telephone (919) 541-5607.

Docket. Docket No. A-95-30, containing the supporting information

for the original NESHAP and this action, are available for public

inspection and copying between 8 a.m. and 5:30 p.m., Monday through

Friday, at the EPA's Air and Radiation Docket and Information Center,

Waterside Mall, Room M-1500, first floor, 401 M Street SW, Washington,

DC 20460, or by calling (202) 260-7548 or 260-7549. A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning this action

contact Mr. John Schaefer at (919) 541-0296, Organic Chemicals Group,

Emission Standards Division (MD-13), U.S. Environmental Protection

Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities and Background Information

A. Regulated Entities

The regulated category and entities affected by this action

include:

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Category Regulated entities

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Industry............................... Facilities that produce

tetrahydrobenzaldehyde;

facilities that produce

crotonaldehyde

Synthetic organic chemical

manufacturing industry (SOCMI)

units, e.g., producers of

benzene, toluene, or any other

chemical listed in Table 1 of

40 CFR part 63, subpart F.

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

guide for readers regarding entities likely to be interested in the

revisions to the regulation affected by this action. Entities

potentially regulated by the HON are those which produce as primary

intended products any of the chemicals listed in table 1 of 40 CFR part

63, subpart F or facilities producing THBA or crotonaldehyde and that

are located at facilities that are major sources as defined in section

112 of the Clean Air Act (CAA). To determine whether your facility is

regulated by this action, you should carefully examine all of the

applicability criteria in 40 CFR 63.100. If you have questions

regarding the applicability of this action to a particular entity,

consult the person listed in the preceding FOR FURTHER INFORMATION

CONTACT section.

With today's action, EPA is proposing to make production of THBA

and crotonaldehyde subject to subparts F, G, and H of 40 CFR part 63.

Subparts F, G, and H of 40 CFR part 63 establish National Emission

Standards for Hazardous Air Pollutants (NESHAP) for the Synthetic

Organic Chemical Manufacturing Industry (SOCMI) (57 FR 62607). This

rule is commonly referred to as the hazardous organic NESHAP or the

HON. The HON rule applies to SOCMI facilities located at major sources

and affects approximately 310 facilities nationwide. These SOCMI

facilities include those that produce one or more of the synthetic

organic

[[Page 44615]]

chemicals listed in Table 1 of subpart F and that either (1) use an

organic HAP as a reactant or (2) produce an organic HAP in the process.

Emission points within these facilities affected by the rule are

process vents, storage vessels, transfer operations, equipment leaks,

and wastewater collection systems. Processes producing THBA were not

included on the list of SOCMI processes to be regulated under the HON.

Crotonaldehyde production was removed from the list of SOCMI processes

to be regulated by the HON when the rule was issued in April 1994.

Crotonaldehyde production was deleted because available information

indicated that this chemical was no longer produced in the United

States. Because EPA has since learned that crotonaldehyde is still

produced in the United States, in today's action EPA is proposing to

add crotonaldehyde production to the HON.

B. Electronic Submission of Comments

Comments on the proposed changes to the NESHAP may also be

submitted electronically by sending electronic mail (e-mail) to: a-and-

[email protected]. Electronic comments must be submitted as an

ASCII file avoiding the use of special characters and any form of

encryption. Comments will also be accepted on diskette in WordPerfect

5.1 or ASCII file format. All comments in electronic form must be

identified by the docket number A-90-19. No Confidential Business

Information (CBI) should be submitted through e-mail. Electronic

comments may be filed online at many Federal Depository Libraries.

II. Summary of Proposed Changes to Rule

A. Addition of THBA Production

Tetrahydrobenzaldehyde production was included as a source of HAP

emissions under the source category of butadiene dimers production on

the initial list of source categories selected for regulation under

section 112(c) of the Act published on July 16, 1992 (57 FR 31576) and

was scheduled for control by November 1997 on the section 112(c) source

category schedule (58 FR 63941). Although the initial source category

list clearly identified THBA production as being included in the

butadiene dimers production source category, the butadiene dimers name

was a misnomer. Consequently, the butadiene dimers production source

category was changed to THBA production by a source category list

maintenance action finalized on June 4, 1996 (61 FR 28197). Today's

action would add THBA production to the HON.

The chemical THBA is produced by reacting 1,3-butadiene and

acrolein together. Both 1,3-butadiene and acrolein are HAPs and are

emitted during the production process. At this time, only one facility

in the nation manufactures THBA, and it is not expected that additional

facilities will begin producing THBA. The THBA production unit is co-

located with other SOCMI production units to which the HON is

applicable. In addition, the emissions points and air pollution control

measures applied are identical to those encountered in these co-located

SOCMI units.

Tetrahydrobenzaldehyde is used in the manufacture of paint

additives. The product is similar to other SOCMI products on the list

of HON affected chemicals in that it is an intermediate organic

chemical used in the manufacture of other organic chemicals. The

production of THBA was not included in the HON initially, because EPA

was unaware of THBA's similarities to other SOCMI chemicals. Had EPA

been aware of these similarities THBA would have been included in the

list of affected HON chemicals in the initial HON rulemaking and

subject to the requirements in the HON.

The EPA considers THBA production to be a batch process since, the

process operates over only a short operating cycle before experiencing

significant fouling (plugging) in the reaction system, requiring the

system to be shutdown and the equipment cleaned. Due to the frequent

shutdown and equipment cleaning cycle, the process is classified as a

batch process for purposes of subpart H.

The effect of today's proposed action is twofold. First, it

potentially subjects facilities manufacturing THBA to the provisions of

40 CFR Part 63, subparts F, G, and H. Although an independent

assessment of the impacts (environmental, cost, economic, or other)

associated with this action has not been conducted, the EPA believes

that the impact on the THBA production unit will be no more or less

severe than those imposed on the other SOCMI production processes

already affected. Second, it overrides the need to write a separate

regulation for the THBA production source category. Consequently, the

THBA production source category is being removed from the list of HAP-

emitting source categories published pursuant to Section 112(c) of the

Act because it is being subsumed under the HON rule. The EPA does not

believe that the development of a separate rule for this source

category is justified or would result in a different control level than

that required under the HON. Today's proposed action is consistent with

the source category schedule, which requires regulation of THBA

production (originally listed as butadiene dimers production) by

November 1997. Today's action is the first step in fulfilling that

requirement.

With respect to the issue of whether the addition of the THBA

production source category to the population of SOCMI sources regulated

by the HON would alter the maximum achievable control technology (MACT)

determinations made for the HON rule, it has been concluded that since

the emission points and air pollution control measures at the only

facility known to manufacture THBA are similar to those at other SOCMI

sources, the HON MACT floor determination would be unaffected.

The EPA is proposing to establish compliance dates for THBA

production units of 1 year from the date this action is final for

subpart H of this part and 3 years from the date this action is final

for subparts F and G of this part. The EPA is proposing a compliance

date of three years from the date this action is final for compliance

with subparts F and G of this part to allow time for retrofitting of

controls and evaluation of control requirements in the one known

facility. A compliance date of one year from the date this action is

final is being proposed for compliance with subpart H of this part. One

year is believed to provide sufficient time to establish the equipment

leak monitoring program and recordkeeping system. These time periods

are consistent with the compliance times provided for sources

originally subject to the HON rule.

B. Addition of Crotonaldehyde Production and Removal of Acetaldol

Production

Today's action proposes to add crotonaldehyde production to the

chemical production processes subject to the HON and to establish a new

compliance date for crotonaldehyde chemical manufacturing process

units. In addition, today's action proposes to remove acetaldol

production processes from the applicability of the HON by removing this

chemical from table 1 of subpart F.

In the April 22, 1994 rule, EPA made several changes to the

proposed lists of chemical products to correct errors and to remove

chemicals no longer commercially produced in the United States. One of

the chemical products removed from the list of SOCMI

[[Page 44616]]

chemicals in the April 1994 notice, based upon the belief that it was

no longer commercially produced in the United States, was

crotonaldehyde. Since April 1994, EPA has learned that this removal was

an error because crotonaldehyde is produced by at least one facility in

the United States. The EPA has also learned that acetaldol, which was

retained on table 1 of subpart F in the April 1994 rule, is an unstable

intermediate which is used to produce either crotonaldehyde or 1,3--

butylene glycol, and is therefore not itself a product appropriate for

inclusion on table 1 of subpart F. Based on the January 17, 1997

amendments to the HON (62 FR 2721), EPA believes that acetaldol

production operations are more appropriately considered unit operations

part of crotonaldehyde or 1,3--butylene glycol chemical manufacturing

process units. Therefore, the EPA is proposing to revise table 1 of

subpart F by removing acetaldol. Crotonaldehyde production would be

added to subpart F as a regulated process. No action is needed for

1,3--butylene glycol because that chemical is already listed in table 1

of subpart F.

A new compliance date is being proposed for crotonaldehyde chemical

production process units because of the confusion caused by listing a

nonisolated intermediate chemical product instead of the correct final

product. The EPA is proposing a new compliance date of 3 years from the

date that this action becomes final for compliance with subparts F and

G of this part to allow time for retrofitting of controls and

evaluation of control requirements in the one known facility. A

compliance date of 1 year from the date that this action is final is

being proposed for compliance with subpart H of this part. One year is

believed to provide sufficient time to establish the equipment leak

monitoring program and recordkeeping system. These time periods are

consistent with the compliance times provided for sources originally

subject to the HON rule.

C. Clarification of Compliance Demonstration Requirements for Flexible

Operation Units

In today's action, EPA is proposing to add a new paragraph (b)(6)

to Sec. 63.103 of subpart F to clarify the compliance demonstration

requirements for flexible operation units. This proposed amendment

would revise the rule to clarify that performance tests and monitoring

parameter ranges are to be based on operating conditions present during

production of the primary product. The April 1994 rule was not clear on

this point due to a drafting oversight. This change is being proposed

because some owners and operators have expressed concerns that the rule

could be interpreted as requiring installation of additional controls

for periods when the flexible operation unit is producing a product

other than the primary product. The EPA has also recently learned that

there are questions whether the rule requires owners or operators to

develop parameter monitoring ranges appropriate for each product

produced by a flexible operation unit or to develop parameter

monitoring ranges for operating conditions during production of the

primary product of the flexible operation unit. The need for

clarification of these aspects of compliance demonstration has become

apparent as facilities are completing compliance planning and

demonstration activities for the April 1997 compliance deadline. This

proposed revision would make the rule consistent with the assumptions

that EPA used in deriving the cost (including the recordkeeping and

reporting burden) estimates used in support of the April 1994 rule.

Based on conversations with several industry representatives, EPA

believes that today's proposed action is generally consistent with

industry's understanding of the rule. Today's proposed clarification is

not expected to increase the cost or burden of demonstrating compliance

with the HON.

III. Administrative

A. Paperwork Reduction Act

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

information collection requirements contained in the rule under the

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

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

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

copy may be obtained from Sandy Farmer, OPPE Regulatory Information

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

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

An agency may not conduct or sponsor, and a person is not required

to respond to a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for the

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

Today's action neither adds new respondents nor is it anticipated

to increase the number of responses. The increase in the number of

effected processing units is less than 2 percent. Since this action

does not substantially change the information collection, the ICR has

not been revised.

B. Executive Order 12866 Review

Under Executive Order 12866, the EPA must determine whether the

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

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

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

to a rule that may:

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

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

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

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

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

action taken or planned by another agency;

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

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

thereof; or

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

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

the Executive Order.

This proposed amendment would apply the rule to one additional

process unit at two facilities. These facilities are already well

controlled. It is not certain what additional control would be required

as a result of this action. Regardless of the final assessment of

additional controls at these two facilities, the EPA believes that

application of the HON to these facilities will have a negligible

impact on the results of the RIA and the change will be within the

uncertainty of the analysis. The proposed clarification of the

compliance demonstration requirements for flexible operation units is

believed to be consistent with industry understanding of the rule, and

is believed to have a negligible impact on the results of the RIA.

Again, the change is expected to be within the uncertainty of the

analysis. For these reasons, the EPA believes that revision of the

Regulatory Impact Analysis is not necessary. Pursuant to the terms of

the Executive Order 12966, it has been determined that this rule is not

a ``significant regulatory action'' because none of the listed criteria

apply to this action. Consequently, this action was not submitted to

OMB for review under Executive Order 12866.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct

[[Page 44617]]

a regulatory flexibility analysis of any rule subject to notice and

comment requirements unless the agency certified that the rule will not

have a significant economic impact on a substantial number of small

entities. Small entities include small businesses, small not-for-profit

enterprises, and small government jurisdictions. This proposed

amendment to the rule would not have a significant impact on a

substantial number of small entities. This rule would apply the

requirements of the HON rule to an additional process unit at two

facilities and only imposes negligible recordkeeping costs on those

facilities. The additional recordkeeping costs are not expected to

create a burden for either of the regulated entities. Furthermore,

neither of these regulated entities is a small business. The amendment

to Sec. 63.103(b)(6) is a clarification of an existing requirement, and

this clarification is not expected to increase control requirements or

burden of the rule. Therefore, I certify that this action will not have

a significant economic impact on a substantial number of small

entities.

D. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

statement to accompany any proposed or final rule that includes a

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

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

million or more. Under section 205, the EPA must select the least

costly, most cost-effective or least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires the EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

The EPA has determined that the action proposed today does not

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

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

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

Unfunded Mandates Act do not apply to this action.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: August 15, 1997.

Carol M. Browner,

Administrator.

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

63 of the Code of Federal Regulations is proposed to be amended as

follows:

PART 63--[AMENDED]

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

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

Subpart F--National Emission Standards for Organic Hazardous Air

Pollutants from the Synthetic Organic Chemical Manufacturing

Industry

2. Section 63.100 is amended as follows:

a. By revising paragraphs (b)(1), (d) introductory text, (d)(3)

introductory text, the first sentence of paragraph (g)(2)(iii), the

first sentence of paragraph (h)(2)(iv), the first sentence of paragraph

(i)(2)(iv), (k) introductory text, (l)(1)(ii), (l)(2)(ii);

b. By adding paragraphs (b)(1)(i), (b)(1)(ii), (d)(4),

(g)(2)(iii)(A), (g)(2)(iii)(B), (h)(2)(iv)(A), (h)(2)(iv)(B),

(i)(2)(iv)(A), (i)(2)(iv)(B), and (p).

The revisions and additions read as follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(b) * * *

(1) Manufacture as a primary product one or more of the chemicals

listed in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.

(i) One or more of the chemicals listed in table 1 of this subpart;

or

(ii) One or more of the chemicals listed in paragraphs

(b)(1)(ii)(A) or (b)(1)(ii)(B) of this section:

(A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or

(B) Crotonaldehyde (CAS Number 123-73-9).

* * * * *

(d) The primary product of a chemical manufacturing process unit

shall be determined according to the procedures specified in paragraphs

(d)(1), (d)(2), (d)(3), and (d)(4) of this section.

* * * * *

(3) For chemical manufacturing process units that are designed and

operated as flexible operation units producing one or more chemicals

listed in table 1 of this subpart, the primary product shall be

determined for existing sources based on the expected utilization for

the five years following April 22, 1994 and for new sources based on

the expected utilization for the first five years after initial start-

up.

* * * * *

(4) Notwithstanding the provisions of paragraph (d)(3) of this

section, for chemical manufacturing process units that are designed and

operated as flexible operation units producing a chemical listed in

paragraph (b)(1)(ii) of this section, the primary product shall be

determined for existing sources based on the expected utilization for

the five years following [Insert date 60 days after date of publication

in the Federal Register] and for new sources based on the expected

utilization for the first five years after initial start-up.

(i) The predominant use of the flexible operation unit shall be

determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of

this section. If the predominant use is to produce one of the chemicals

listed in paragraph (b)(1)(ii) of this section, then the flexible

operation unit shall be subject to the provisions of this subpart and

subparts G and H of this part.

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

manufacturing process units that are designed and operated as flexible

operation units shall be reported as part of an operating permit

application or as otherwise specified by the permitting authority.

* * * * *

(g) * * *

(2) * * *

(iii) If the predominant use of a storage vessel varies from year

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

according to the criteria in paragraphs (g)(2)(iii)(A) and

(g)(2)(iii)(B) of this section, as applicable. * * *

(A) For chemical manufacturing process units that produce one or

more of the chemicals listed in table 1 of this subpart and meet the

criteria in paragraphs (b)(2) and (b)(3) of this section, the

applicability shall be based on the utilization that occurred during

the 12-month period preceding April 22, 1994.

(B) For chemical manufacturing process units that produce one or

more of the chemicals listed in paragraph (b)(1)(ii) of this section

and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,

the applicability shall be based on the utilization that occurred

during the 12-month period preceding [Insert date 60 days after date of

publication in the Federal Register].

* * * * *

(h) * * *

(2) * * *

(iv) If the predominant use of a loading arm or loading hose varies

from

[[Page 44618]]

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

determined according to the criteria in paragraphs (h)(2)(iv)(A) and

(h)(2)(iv)(B) of this section, as applicable. * * *

(A) For chemical manufacturing process units that produce one or

more of the chemicals listed in table 1 of this subpart and meet the

criteria in paragraphs (b)(2) and (b)(3) of this section, the

applicability shall be based on the utilization that occurred during

the 12-month period preceding April 22, 1994.

(B) For chemical manufacturing process units that produce one or

more of the chemicals listed in paragraph (b)(1)(ii) of this section

and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,

the applicability shall be based on the utilization that occurred

during the year preceding [Insert date 60 days after date of

Publication in the Federal Register].

* * * * *

(i) * * *

(2) * * *

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

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

according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B)

of this section, as applicable. * * *

(A) For chemical manufacturing process units that produce one or

more of the chemicals listed in table 1 of this subpart and meet the

criteria in paragraphs (b)(2) and (b)(3) of this section, the

applicability shall be based on the utilization that occurred during

the year preceding April 22, 1994.

(B) For chemical manufacturing process units that produce one or

more of the chemicals listed in paragraph (b)(1)(ii) of this section

and meet the criteria in paragraphs (b)(2) and (b)(3) of this section,

the applicability shall be based on the utilization that occurred

during the year preceding [Insert date 60 days after date of

publication in the Federal Register].

* * * * *

(k) Except as provided in paragraphs (l), (m), and (p) of this

section, sources subject to subparts F, G, or H of this part are

required to achieve compliance on or before the dates specified in

paragraphs (k)(1) through (k)(8) of this section.

* * * * *

(l)(1) * * *

(ii)(A) Such construction commenced after December 31, 1992 for

chemical manufacturing process units that produce as a primary product

one or more of the chemicals listed in table 1 of this subpart;

(B) Such construction commenced after [Insert date of publication

in the Federal Register] for chemical manufacturing process units that

produce as a primary product one or more of the chemicals listed in

paragraph (b)(1)(ii) of this section; and

* * * * *

(2) * * *

(ii)(A) Such reconstruction commenced after December 31, 1992 for

chemical manufacturing process units that produce as a primary product

one or more of the chemicals listed in table 1 of this subpart; and

(B) Such construction commenced after [Insert date of publication

in the Federal Register] for chemical manufacturing process units that

produce as a primary product one or more of the chemicals listed in

paragraph (b)(1)(ii) of this section.

* * * * *

(p) Compliance dates for chemical manufacturing process units that

produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the

provisions of paragraph (k) of this section, chemical manufacturing

process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2),

and (b)(3) of this section shall be in compliance with this subpart and

subparts G and H of this part by the dates specified in paragraphs

(p)(1) and (p)(2) of this section, as applicable.

(1) If the source consists only of chemical manufacturing process

units that produce as a primary product one or more of the chemicals

listed in paragraph (b)(1)(ii) of this section, new sources shall

comply by the date specified in paragraph (p)(1)(i) of this section and

existing sources shall comply by the dates specified in paragraphs

(p)(1)(ii) and (p)(1)(iii) of this section.

(i) Upon initial start-up or [Insert date 60 days after date of

publication in the Federal Register], whichever is later.

(ii) This subpart and subpart G of this part by [Insert date 38

months from the date of publication in the Federal Register], unless an

extension has been granted by the Administrator as provided in

Sec. 63.151 (a)(6) or granted by the permitting authority as provided

in Sec. 63.6 (i) of subpart A of this part. When April 22, 1994 is

referred to in this subpart and subpart G of this part, [Insert date 60

days after date of publication in the Federal Register] shall be used

as the applicable date for that provision. When December 31, 1992 is

referred to in this subpart and subpart G of this part, [Insert date of

publication in the Federal Register] shall be used as the applicable

date for that provision.

(iii) Subpart H of this part by [Insert date 14 months from the

date of publication in the Federal Register], unless an extension has

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

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

subpart A of this part. When April 22, 1994 is referred to in subpart H

of this part, [Insert date 60 days after date of publication in the

Federal Register] shall be used as the applicable date for that

provision. When December 31, 1992 is referred to in subpart H of this

part, [Insert date of publication in the Federal Register] shall be

used as the applicable date for that provision.

(2) If the source consists of a combination of chemical

manufacturing process units that produce as a primary product one or

more of the chemicals listed in paragraph (b)(1)(i) and (b)(1)(ii) of

this section, new chemical manufacturing process units that meet the

criteria in paragraph (b)(1)(ii) of this section shall comply by the

date specified in paragraph (p)(1)(i) of this section and existing

chemical manufacturing process units producing crotonaldehyde and/or

tetrahydrobenzaldehyde shall comply by the dates specified in

paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.

3. Section 63.103 is amended by adding paragraph (b)(6) to read as

follows:

Sec. 63.103 General compliance, reporting, and recordkeeping

provisions.

(b) * * *

(6) The owner or operator of a flexible operation unit shall

conduct all required compliance demonstrations during production of the

primary product. The owner or operator is not required to conduct

compliance demonstrations for operating conditions during production of

a product other than the primary product. Except as otherwise provided

in this subpart or in subpart G or subpart H of this part, as

applicable, the owner or operator shall operate each control device,

recovery device, and/or recapture device that is required or used for

compliance, and associated monitoring systems, without regard for

whether the product that is being produced is the primary product or a

different product. Except as otherwise provided in this subpart,

subpart G and/or subpart H of this part, as applicable, operation of a

control device, recapture device and/or recovery device required or

used for compliance such that the daily average of monitored parameter

values is outside the parameter range established pursuant to

Sec. 63.152(b)(2),

[[Page 44619]]

or such that the monitoring data show operation inconsistent with the

monitoring plan established pursuant to Sec. 63.120(d)(2) or

Sec. 63.181(g)(1)(iv), shall constitute a violation of the required

operating conditions.

* * * * *

Subpart F--[Amended]

4. Table 1 of subpart F is amended by removing the entry for

acetaldol and its associated CAS number and group number.

[FR Doc. 97-22366 Filed 8-21-97; 8:45 am]

BILLING CODE 6560-50-P