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-6011-6]

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: Final rule: Amendments.

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SUMMARY: This action promulgates final amendments to 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. The amendment also establishes 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 the THBA and crotonaldehyde production processes. The EPA is also

making a change to clarify compliance demonstration requirements for

flexible operation units.

This action implements 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 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 amends 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.

EFFECTIVE DATE: May 12, 1998.

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 making 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 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 adding

crotonaldehyde production to the HON.

II. Summary of 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(e) 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 tetrahydrobenzaldehyde production by a source

category list maintenance action finalized on June 4, 1996 (61 FR

28197). Today's action will add THBA production to the list of HON-

affected chemicals.

THBA is produced by reacting 1,3-butadiene and acrolein together.

Both 1,3-butadiene and acrolein are HAPs

[[Page 26079]]

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.

THBA 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 for

purposes of equipment leaks 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 action is twofold. First, it subjects

facilities manufacturing THBA to the provisions of 40 CFR part 63,

subparts F, G, and H. Although an 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 action is consistent with the source category schedule,

which requires regulation of THBA production (originally listed as

butadiene dimers production) by November 1997.

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.

This action establishes compliance dates for THBA production units

of 1 year from the date this action is published for subpart H of this

part and 3 years from the date this action is published for subparts F

and G of this part. The compliance date of three years from the date of

this action for compliance with subparts F and G of this part is to

allow time for retrofitting of controls and evaluation of control

requirements in the one known facility. A facility has one year from

today 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 adds crotonaldehyde production to the chemical

production processes subject to the HON and establishes a new

compliance date for crotonaldehyde chemical manufacturing process

units. In addition, today's action removes 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 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 revising table 1 of subpart F by

removing acetaldol. Crotonaldehyde production is being 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.

This action creates a new compliance date 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 new compliance date is 3 years from today

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 today is being

used 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 adding a new paragraph (b)(6) to

Sec. 63.103 of subpart F to clarify the compliance demonstration

requirements for flexible operation units. This amendment revises 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 added 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. It is not the EPA's intent that the rule be

interpreted in this manner. Therefore, for the purposes of compliance

with this rule, additional controls are not required when producing

products other than the primary product. The EPA has also

[[Page 26080]]

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 became

apparent as facilities were completing compliance planning and

demonstration activities for the April 1997 compliance deadline. This

revision will 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 action is generally consistent with industry's understanding of

the rule. Today's clarification is not expected to increase the cost or

burden of demonstrating compliance with the HON.

D. Public Comment on the August 22, 1997 Proposal

Three comment letters were received on the August 22, 1997 Federal

Register document that proposed changes to this rule. All comments

received were from industry representatives. While the comments

received were supportive of the proposed amendments they expressed

concern with the applicability of the rule and clarity of the proposed

changes. The EPA has considered these comments and has made one minor

change to the final rule, and added additional language to the preamble

to clarify the compliance demonstration procedures for flexible

operation units. The response to these comments may be obtained over

the Internet at http://www.epa.gov/ttn or from the EPA's Technology

Transfer Network (TTN). The TTN is a network of electronic bulletin

boards operated by the Office of Air Quality Planning and Standards.

The service is free, except for the cost of a phone call. Dial (919)

541-5742 for up to a 14,400 bits per second modem. Select TTN Bulletin

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

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

operator at (919) 541-5384.

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. 1414.03) 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 Chapter 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 \1/2\ 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 a

regulatory action is ``significant'' and, therefore, subject to OMB

review and the requirements of the Executive Order. The Order defines

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

rule that may:

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

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

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

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

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

action taken or planned by another agency;

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

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

thereof; or

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

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

the Executive Order.

The HON rule promulgated on April 22, 1994 was considered

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

analysis was prepared. The amendments issued today apply to one

additional process unit at two facilities. These facilities are already

well controlled. It is not certain what additional control will 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. The clarification of the compliance demonstration requirements

for flexible operation units is believed to be consistent with industry

understanding of the rule, and is not believed to create additional

impacts. For these reasons, the regulatory action is considered ``not

significant.''

C. Regulatory Flexibility

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

flexibility analysis in connection with this final rule. The EPA has

also determined that this rule will not have a significant economic

impact on a substantial number of small entities. Small entities

include small businesses, small not-for-profit enterprises, and small

government jurisdictions. See the April 22, 1994 Federal Register (59

FR 19449) for the basis for this determination. This amendment to the

rule will not have a significant impact on a substantial number of

small entities. This rule will 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.

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the House of Representatives,

and the Comptroller General of the United States prior to publication

of the rule in the Federal Register. This rule is not a major rule as

defined by 5 U.S.C. 804(2).

E. Unfunded Mandates Reform Act

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

[[Page 26081]]

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 today's action 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, Intergovernmental relations, Reporting and recordkeeping

requirements.

Dated: May 1, 1998.

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 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) or (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 May 12, 1998 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 May 12, 1998.

* * * * *

(h) * * *

(2) * * *

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

from 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 May 12, 1998.

* * * * *

(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), 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

[[Page 26082]]

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 May 12, 1998.

* * * * *

(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 August 22, 1997 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 August 22, 1997 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 May 12, 1998, whichever is later.

(ii) This subpart and subpart G of this part by May 14, 2001,

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, May 12, 1998

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,

August 22, 1997 shall be used as the applicable date for that

provision.

(iii) Subpart H of this part by May 12, 1999, 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, May 12, 1998 shall be used as the applicable date for

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

this part, August 22, 1997 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 paragraphs (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), 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.

* * * * *

Table 1 of 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. 98-12579 Filed 5-11-98; 8:45 am]

BILLING CODE 6560-50-P