National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology (Generic MACT); Process Wastewater Provisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6478-6]

RIN 2060-AI53

National Emission Standards for Hazardous Air Pollutants: Generic

Maximum Achievable Control Technology (Generic MACT); Process

Wastewater Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: On June 29, 1999 (64 FR 34854), we promulgated a consolidated

rulemaking that included standards for four specific source categories

(i.e., acetal resins (AR), acrylic and modacrylic fiber (AMF), hydrogen

fluoride (HF) and polycarbonate (PC) production), and general control

requirements for certain types of emission points for hazardous air

pollutants (HAP).

At the time of promulgation of the consolidated rulemaking, we

deferred taking final action regarding provisions applicable to

wastewater streams for the AR, AMF, and PC production source categories

based on a need to propose significant changes to the wastewater

provisions that were proposed on October 14, 1998 (63 FR 55178). The HF

production source category does not have wastewater streams. In

parallel with the promulgated consolidated rulemaking package, we

published a supplemental notice of proposed rulemaking regarding

wastewater provisions (64 FR 34950) applicable to wastewater streams

for the AR, AMF, and PC production source categories and reopened the

public comment period regarding those proposed wastewater provisions.

Today's action promulgates wastewater provisions amendments

applicable to wastewater streams for the AR, AMF, and PC production

source categories based on our response to comments received on the

wastewater provisions proposed on June 29, 1999 (64 FR 34950).

EFFECTIVE DATE: November 22, 1999.

ADDRESSES: Docket No. A-97-17 contains supporting information used in

developing the standards. The docket is located at the U.S.

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

in room M-1500, Waterside Mall (ground floor), and may be inspected

from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: For information concerning the final

wastewater provision amendments, contact David W. Markwordt at the

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

Agency, Research Triangle Park, North Carolina 27711; telephone number

(919) 541-0837, facsimile (919) 541-0942, e-mail address

[email protected].

SUPPLEMENTARY INFORMATION:

Docket

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

considered by the EPA in the development of this rulemaking. The docket

is a dynamic file because material is added throughout the rulemaking

process. The docketing system is intended to allow members of the

public and industries involved to readily identify and locate documents

so that they can effectively participate in the rulemaking process.

Along with the proposed and promulgated standards and their preambles,

the contents of the docket will serve as the record in the case of

judicial review. (See section 307(d)(7)(A) of the Clean Air Act (Act).)

The regulatory text and other materials related to this rulemaking are

available for review in the docket or copies may be mailed on request

from the Air Docket by calling (202) 260-7548. A reasonable fee may be

charged for copying docket materials.

Technical Support Document.

The wastewater amendments promulgated today are supported by a

supplementary information memorandum that contains a summary of the

public comments received on the proposed wastewater provision

amendments and our response to those comments. This memorandum may be

obtained from the docket for this rule, A-97-17 (see Docket). The title

of the memorandum is ``Generic Maximum Achievable Control Technology--

Supplementary Information for Acetal Resins, Acrylic and Modacrylic

Fiber, and Polycarbonate Production Wastewater Provisions.'' The

Supplementary Notice of Proposed Rulemaking (SNPR), the promulgated

regulatory text, and supporting documentation are available in Docket

No. A-97-17 or by request from our Air and Radiation Docket and

Information Center (see ADDRESSES).

Technology Transfer Network

In addition to being available in the docket, an electronic copy of

today's amendments is also available through the Technology Transfer

Network (TTN). Following signature, a copy of the rule will be posted

on the TTN's policy and guidance page for newly proposed or promulgated

rules http://www.epa.gov/ttn/oarpg. The TTN provides information and

technology exchange in various areas of air pollution control. If more

information regarding the TTN is needed, call the TTN HELP line at

(919) 541-5384.

Plain Language

In compliance with President Clinton's June 1, 1998 Executive

Memorandum on Plain Language in government writing, this preamble is

written using plain language. Thus, the use of ``we'' in this notice

refers to the EPA. The use of ``you'' refers to the reader, and may

include industry; State, local, and tribal governments; environmental

groups; and other interested individuals.

Regulated Entities

Entities potentially regulated are those that produce AR, AMF, and

PC and are major sources of HAP as defined in section 112 of the Act.

Regulated categories and entities include:

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Category Regulated entities a

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Industry.......................... Producers of homopolymers and/or

copolymers of alternating

oxymethylene units.

Producers of either acrylic fiber or

modacrylic fiber synthetics

composed of acrylonitrile (AN)

units.

[[Page 63696]]

Producers of polycarbonate.

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a 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 the 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, company, business, organization, etc., is

regulated by this action, you should carefully examine the

applicability criteria in Sec. 63.1104(a)(1), (b)(1), (c)(1), and

(d)(1) of the 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.

Judicial review. Under section 307(b)(1) of the Act, judicial

review of these final wastewater provision amendments is available only

by filing a petition for review in the United States Court of Appeals

for the District of Columbia Circuit by January 21, 2000. Under section

307(d)(7)(B) of the Act, only an objection to these wastewater

provisions amendments which was raised with reasonable specificity

during the period for public comment can be raised during judicial

review. Moreover, under section 307(b)(2) of the Act, the requirements

established by today's final action may not be challenged separately in

any civil or criminal proceeding we bring to enforce these

requirements.

I. What Is the Background for These Wastewater Provision

Amendments?

On June 29, 1999 (64 FR 34854), we promulgated a consolidated

rulemaking that included generic MACT standards under section 112 of

the Act for certain small source categories consisting of five or fewer

sources. At that time, we proposed amendments to the provisions

applicable to wastewater and certain liquid streams in open systems and

deferred taking final action on those provisions until now. Today's

action finalizes these amendments based on comments received on the

proposed amendments and our response to those comments.

II. Compliance Dates

The compliance dates for the standards promulgated on June 29, 1999

(64 FR 34854) for the AR, AMF, and PC production source categories are

July 1, 2002 for existing sources and upon startup after June 29, 1999

for new sources. Additional compliance time is not warranted for

existing sources, and there have not been any new AR, AMF, and PC

production facilities that would warrant specifying a different

compliance date for new sources. Therefore, although we deferred action

on the wastewater provisions for the AR, AMF, and PC production source

categories, the dates for compliance with the wastewater provisions

adopted by this action will be the same as for the other provisions we

previously promulgated on June 29, 1999.

III. Comments Received on the Proposed Wastewater Provisions

Amendments

We received no major comments on the wastewater provisions

amendments proposed on June 29, 1999 (64 FR 34950). We have made

limited clarifying changes and some editorial changes in response to

comments received. Clarifying changes include (1) amending 40 CFR part

63, subpart YY by replacing the term ``chemical manufacturing process

unit'' and ``CMPU'' with the phrase ``a process unit whose primary

product is a product produced by a source category subject to this

subpart''; (2) amending 40 CFR part 63, subpart YY applicability tables

for process wastewater requirements to reflect that both Group 1 and

Group 2 wastewater streams are subject to requirements under

Sec. 63.1106(a); and (3) amending 40 CFR part 63, subpart YY to clarify

that when a source subject to this subpart is colocated with a

Synthetic Organic Chemical Manufacturing Industry (SOCMI) source, and a

single wastewater treatment facility treats similar wastewaters from

both sources, a certification by the treatment facility that they will

manage and treat the waste in conformity with the specific control

requirements set forth in 40 CFR 63.133 through 63.147 will also be

deemed sufficient to satisfy the certification requirements for the

generic MACT wastewater provisions.

A supplementary information memorandum that contains a summary of

the public comments received on the proposed wastewater provisions

amendments and our response to those comments may be obtained from the

docket for this rule, A-97-17 (see Docket).

IV. Summary of Final Wastewater Provisions Amendments

The final wastewater provisions amendments incorporate and cross-

reference wastewater provisions of the HON for the AR, AMF, and PC

production source categories. These final amendments respond to

comments received on the proposed wastewater provisions published on

October 14, 1998 (63 FR 55178), and the proposed amendments to those

provisions published on June 29, 1999 (64 FR 34950). In addition, these

final amendments reflect our original intent regarding ``point of

determination'' measurements and ``treatment and destruction''

requirements for process wastewater, and that requirements for

maintenance wastewater and liquid streams in open systems be included.

The final amendments for process wastewater, maintenance

wastewater, and liquid streams in open systems within the regulated

process unit directly refer to HON wastewater requirements. For process

wastewater, you are required to make a group determination for each

wastewater stream based on flow rate and organic HAP concentration. If

a process wastewater stream is determined to be Group 1, you must

comply with specific requirements for waste management units to

suppress emissions, and requirements to treat the wastewater streams to

reduce the organic HAP concentration. The suppression requirements in

the referenced sections of the HON are equivalent in stringency to the

wastewater requirements that were initially proposed on October 14,

1998 (63 FR 55178) for most emissions points associated with wastewater

streams.

The maintenance wastewater provisions require, for each maintenance

wastewater stream that contains organic HAP, that you develop and

follow procedures to manage wastewaters generated during maintenance

activities so that emissions are minimized. The provisions for liquid

streams in open systems apply to drain or drain hubs, manholes, lift

stations, trenches, pipes, oil/water separators, and tanks within the

regulated process unit, and require that you implement specific

emission reduction techniques for each type of equipment.

V. Summary of Impacts

We estimate that the impacts for air emissions will be negligible

because AR, AMF, and PC production affected sources that will be

subject to these requirements are already well controlled. Similarly,

water pollution and solid waste, and increases in energy use resulting

from the use of control devices will be negligible. Based on

[[Page 63697]]

previous impacts analyses associated with the application of the

control and recovery devices required under the standards and because

each of the three subject source categories have only five or fewer

major sources, we believe that there will be minimal, if any, adverse

environmental or energy impacts associated with the final amendments.

Likewise, based on available information, we estimate that the cost

and economic impacts of the final wastewater provisions amendments for

the three source categories being regulated will be insignificant or

minimal. The economic analyses for each of the three source categories

can be obtained from the docket (see Docket).

VI. Administrative Requirements

A. Paperwork Reduction Act

The information collection requirements associated with these

wastewater provisions amendments do not add to the promulgated rule

information collection requirements. The information collection

requirements of the promulgated rule for the generic MACT standards

were submitted for approval to the Office of Management and Budget

(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. Under

the promulgated rule, we prepared an Information Collection Request

(ICR) document (ICR No. 1750.01) and a copy may be obtained from Sandy

Farmer, OPPE Regulatory Information Division, U.S. Environmental

Protection Agency (2137), 401 M Street, SW, Washington, DC 20460, or by

calling (202) 260-2740. We 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 our regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The OMB approved the information collection requirements for the AR,

AMF, and PC production source categories and assigned the OMB control

number 2060-0420 to the ICR. This approval expires September 30, 2002.

B. Executive Order 12866

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

the Executive Order.

The final wastewater provisions amendments for AR, AMF, and PC

production do not constitute a ``significant regulatory action'' as

defined under Executive Order 12866, and therefore, are not subject to

review by OMB.

C. Executive Order 13132 (Federalism)

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August

10, 1999), requires EPA to develop an accountable process to ensure

``meaningful and timely input by State and local officials in the

development of regulatory policies that have federalism implications.''

``Policies that have federalism implications'' is defined in the

Executive Order to include regulations that have ``substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government.'' Under

Executive Order 13132, EPA may not issue a regulation that has

federalism implications, that imposes substantial direct compliance

costs, and that is not required by statute, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by State and local governments, or EPA consults with

State and local officials early in the process of developing the

proposed regulation. EPA also may not issue a regulation that has

federalism implications and that preempts State law unless the Agency

consults with State and local officials early in the process of

developing the proposed regulation.

If EPA complies by consulting, Executive Order 13132 requires EPA

to provide to the Office of Management and Budget (OMB), in a

separately identified section of the preamble to the rule, a federalism

summary impact statement (FSIS). The FSIS must include a description of

the extent of EPA's prior consultation with State and local officials,

a summary of the nature of their concerns and the agency's position

supporting the need to issue the regulation, and a statement of the

extent to which the concerns of State and local officials have been

met. Also, when EPA transmits a draft final rule with federalism

implications to OMB for review pursuant to Executive Order 12866, EPA

must include a certification from the agency's Federalism Official

stating that EPA has met the requirements of Executive Order 13132 in a

meaningful and timely manner.

This final rule will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 13132.

This rule has minimal direct affects on the 9 plants which are impacted

by this rule. This rule has even less impacts on States within which

the plants reside. Thus,the requirements of section 6 of the Executive

Order do not apply to this rule.

D. Regulatory Flexibility Act/Small Business Regulatory Enforcement

Fairness Act of 1996

Under the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601,

et seq.), as amended by the Small Business Regulatory Enforcement

Fairness Act of 1996 (SBREFA), we are required to give special

consideration to the effect of Federal regulations on small entities

and to consider regulatory options that might mitigate any such

impacts.

Today's action is not subject to the requirements of the RFA as

modified by SBREFA because it does not impose any regulatory

requirements on small entities.

E. Unfunded Mandates Reform Act

Under section 202 of the Unfunded Mandates Reform Act of 1995

(Unfunded Mandates Act), we 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 in any 1 year. Under section 203, we are required to establish

a plan for obtaining input from and informing, educating, and advising

any small governments that may be significantly or uniquely affected by

the rule. Under section 205 of UMRA, we must identify and consider a

reasonable number of regulatory alternatives before promulgating a rule

for which a budgetary impact statement must be prepared. We are

required to select the

[[Page 63698]]

least burdensome alternative for State, local, and tribal governments

and the private sector that achieves the objectives of the rule, unless

we explain why this alternative is not selected or unless the selection

of this alternative is inconsistent with law.

Because the promulgated rule and these final amendments to the rule

do not include a Federal mandate and are estimated to result in

expenditures less than $100 million in any 1 year by State, local, and

tribal governments, we have not prepared a budgetary impact statement

or specifically addressed the selection of the least costly, most cost-

effective, or least burdensome alternative. In addition, because small

governments would not be significantly or uniquely affected by this

rule, we are not required to develop a plan with regard to small

governments. Therefore, the requirements of the UMRA do not apply to

this action.

F. National Technology Transfer and Advancement Act

Under section 12(d) of the National Technology Transfer and

Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15

U.S.C. 272 note), we are directed to use voluntary consensus standards

instead of government-unique standards in our regulatory activities

unless to do so would be inconsistent with applicable law or otherwise

impractical. By doing so, the Act is intended to reduce the cost to the

private and public sectors.

Voluntary consensus standards are technical standards (e.g.,

materials specifications, test methods, sampling procedures, business

practices, etc.) that are developed or adopted by voluntary consensus

standard bodies. We are required by the NTTAA to provide Congress,

through OMB, explanations when we decide not to use available and

applicable voluntary consensus standards.

As part of a larger effort, we are undertaking a project to cross-

reference existing voluntary consensus standards on testing, sampling,

and analysis, with current and future EPA test methods. When completed,

this project will assist us in identifying potentially-applicable

voluntary consensus standards that can then be evaluated for

equivalency and applicability in determining compliance with future

regulations.

This action does not involve the promulgation of any new technical

standards. It does, however, cross-reference existing technical

standards, including government-unique technical standards that have

been proposed and promulgated under other rulemakings for similar

source control applicability and compliance determinations, therefore

section 12(d) does not apply.

G. Executive Order 13045

Executive Order 13045, entitled Protection of Children from

Environmental Health Risks and Safety Risks (62 FR 19885, April 23,

1997), applies to any rule that we determine (1) is economically

significant as defined under Executive Order 12866, and (2) the

environmental health or safety risk addressed by the rule has a

disproportionate effect on children. If the regulatory action meets

both criteria, we must evaluate the environmental health or safety

effects of the planned rule on children and explain why the planned

regulation is preferable to other potentially effective and reasonably

feasible alternatives we considered.

This amendatory action is not subject to Executive Order 13045

because it does not constitute an economically significant regulatory

action as defined by Executive Order 12866 and because it does not

establish an environmental standard intended to mitigate health or

safety risks.

H. Executive Order 13084

Under Executive Order 13084, we may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

cost incurred by the tribal governments, or we consult with those

governments. If we comply by consulting, we are required to provide to

OMB, in a separately identified section of the preamble to the rule, a

description of the extent of our prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, we are required to develop an effective

process permitting elected officials and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.''

Today's amendments implement requirements specifically set forth by

Congress in section 112 of the Act without the exercise of any

discretion by us. Accordingly, the requirements of section 3(b) of

Executive Order 13084 do not apply to this rule.

I. Congressional Review Act

Under the Small Business Regulatory Enforcement Fairness Act of

1996, we submitted a report containing these final amendments and other

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

Representatives, and the Comptroller General of the General Accounting

Office prior to publication of these final amendments in the Federal

Register. This is not a ``major rule'' as defined by the Small Business

Regulatory Enforcement Fairness Act.

List of Subjects in 40 CFR Part 63

Environmental protection, Acetal resins production, Acrylic and

modacrylic fiber production, Air emissions control, Hazardous air

pollutants, Polycarbonates production, Process wastewater streams,

Wastewater.

Dated: November 15, 1999.

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--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

FOR SOURCE CATEGORIES

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

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

Subpart YY--National Emission Standards for Hazardous Air

Pollutants for Source Categories: Generic Maximum Achievable

Control Technology Standards

2. Section 63.1100 is amended by adding paragraph (g)(5) as

follows:

Sec. 63.1100 Applicability.

* * * * *

(g) * * *

(5) Overlap of subpart YY with other regulations for wastewater.

(i) After the compliance dates specified in Sec. 63.1102 for an

affected source subject to this subpart, a wastewater stream that is

subject to the wastewater requirements of this subpart and the

wastewater requirements of subparts F, G, and H of this part

(collectively known as the ``HON'') shall be deemed to be in compliance

with the requirements of this subpart if it complies with either set of

requirements. In any instance where a source subject to this subpart is

colocated with a Synthetic Organic Chemical Manufacturing Industry

(SOCMI) source, and a single wastewater treatment facility treats both

[[Page 63699]]

Group 1 wastewaters and wastewater residuals from the source subject to

this subpart and wastewaters from the SOCMI source, a certification by

the treatment facility that they will manage and treat the waste in

conformity with the specific control requirements set forth in 40 CFR

63.133 through 63.147 will also be deemed sufficient to satisfy the

certification requirements for wastewater treatment under this subpart.

(ii) After the compliance dates specified in Sec. 63.1102 for an

affected source subject to this subpart, a wastewater stream that is

subject to control requirements in the Benzene Waste NESHAP (subpart FF

of part 61 of this chapter) and this subpart is required to comply with

both rules.

3. Section 63.1101 is amended by adding definitions in alphabetical

order to read as follows:

Sec. 63.1101 Definitions.

* * * * *

Annual average concentration, as used in the wastewater provisions,

means the flow-weighted annual average concentration, as determined

according to the procedures specified in Sec. 63.144(b).

Annual average flow rate, as used in the wastewater provisions,

means the annual average flow rate, as determined according to the

procedures specified in Sec. 63.144(c).

* * * * *

Group 1 wastewater stream means a process wastewater stream at an

existing or new source that meets the criteria for Group 1 status in

Sec. 63.132(c).

Group 2 wastewater stream means a process wastewater stream that

does not meet the definition of a Group 1 wastewater stream.

* * * * *

Maintenance wastewater means wastewater generated by the draining

of process fluid from components in the process unit, whose primary

product is a product produced by a source category subject to this

subpart, into an individual drain system prior to or during maintenance

activities. Maintenance wastewater can be generated during planned and

unplanned shutdowns and during periods not associated with a shutdown.

Examples of activities that can generate maintenance wastewaters

include descaling of heat exchanger tubing bundles, cleaning of

distillation column traps, draining of low legs and high point bleeds,

draining of pumps into an individual drain system, and draining of

portions of the process unit, whose primary product is a product

produced by a source category subject to this subpart, for repair.

* * * * *

Oil-water separator or organic-water separator means a waste

management unit, generally a tank used to separate oil or organics from

water. An oil-water or organic-water separator consists of not only the

separation unit but also the forebay and other separator basins,

skimmers, weirs, grit chambers, sludge hoppers, and bar screens that

are located directly after the individual drain system and prior to

additional waste management units such as an air flotation unit,

clarifier, or biological treatment unit. Examples of an oil-water or

organic-water separator include, but are not limited to, an American

Petroleum Institute separator, parallel-plate interceptor, and

corrugated-plate interceptor with the associated ancillary equipment.

* * * * *

Point of determination means each point where process wastewater

exits the process unit, whose primary product is a product produced by

a source category subject to this subpart.

Note to definition for point of determination: The regulation

allows determination of the characteristics of a wastewater stream

at the point of determination or downstream of the point of

determination if corrections are made for changes in flow rate and

annual average concentration of Table 9 compounds (as defined under

this subpart) as determined in Sec. 63.144. Such changes include

losses by air emissions, reduction of annual average concentration

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

streams, and reduction in flow rate or annual average concentration

by treating or otherwise handling the wastewater stream to remove or

destroy hazardous air pollutants.

* * * * *

Process wastewater means wastewater which, during manufacturing or

processing, comes into direct contact with or results from the

production or use of any raw material, intermediate product, finished

product, by-product, or waste product. Examples are product tank

drawdown or feed tank drawdown, water formed during a chemical reaction

or used as a reactant, water used to wash impurities from organic

products or reactants, equipment washes between batches in a batch

process, water used to cool or quench organic vapor streams through

direct contact, and condensed steam from jet ejector systems pulling

vacuum on vessels containing organics.

Process wastewater stream means a stream that contains process

wastewater.

* * * * *

Table 9 compounds means compounds listed in Table 9 of subpart G of

this part.

* * * * *

Wastewater is either a process wastewater or a maintenance

wastewater and means water that:

(1) Contains either:

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

defined under this subpart) of at least 5 parts per million by weight

at the point of determination and has an annual average flow rate of

0.02 liter per minute or greater, or

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

defined under this subpart) of at least 10,000 parts per million by

weight at the point of determination at any flow rate, and that

(2) Is discarded from a process unit, whose primary product is a

product produced by a source category subject to this subpart.

Wastewater stream means a stream that contains wastewater.

* * * * *

4. Section 63.1103 is amended by:

a. Adding entries 6, 7, and 8 in table 1 of paragraph (a)(3);

b. Adding entries 8, 9, and 10 in table 2 of paragraph (b)(3)(i);

c. Adding entries 7, 8, and 9 in table 5 of paragraph (d)(3); and

d. Adding entries 6, 7, and 8 in table 6 of paragraph (d)(3) as

follows:

Sec. 63.1103 Source category-specific applicability, definitions, and

requirements.

* * * * *

(a) * * *

(3) * * *

Table 1. to Sec. 63.1103.--What Are My Requirements If I Own or Operate

an Acetal Resins Production Existing or New Affected Source?

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

If you own or operate * * * And if * * * Then you must * * *

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[[Page 63700]]

* * * *

* * *

6. An acetal resins The process Comply with the

production process unit wastewater stream requirements of

that generates process is a Group 1 or Sec. 63.1106(a).

wastewater. Group 2 wastewater

stream.

7. An acetal resins The maintenance Comply with the

production process unit wastewater contains requirements of

that generates maintenance organic HAP. Sec. 63.1106(b).

wastewater.

8. An item of equipment The item of Comply with the

listed in Sec. equipment meets the requirements in

63.1106(c)(1). criteria specified Table 35 of subpart

in Sec. G of this part.

63.1106(c)(1)

through (3) and

either (c)(4)(i) or

(ii).

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* * * * *

(b) * * *

(3) * * *

(i) * * *

Table 2. to Sec. 63.1103.--What Are My Requirements If I Own or Operate

an Acrylic and Modacrylic Fiber Production Existing or New Affected

Source and Am Complying With Paragraph (b)(3)(i) of This Section?

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

If you own or operate * * * And if * * * Then you must * * *

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

* * * *

* * *

8. An acrylic and modacrylic The process Comply with the

fiber production process wastewater stream requirements of

unit that generates process is a Group 1 or Sec. 63.1106(a).

wastewater. Group 2 wastewater

stream.

9. An acrylic and modacrylic The maintenance Comply with the

fiber production process wastewater contains requirements of

unit that generates organic HAP. Sec. 63.1106(b).

maintenance wastewater.

10. An item of equipment The item of Comply with the

listed in Sec. equipment meets the requirements in

63.1106(c)(1). criteria specified Table 35 of subpart

in Sec. G of this part.

63.1106(c)(1)

through (3) and

either (c)(4)(i) or

(ii).

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

* * * * *

(d) * * *

(3) * * *

Table 5. to Sec. 63.1103.--What Are My Requirements If I Own or Operate

a Polycarbonate Production Existing Affected Source?

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

If you own or operate * * * And if * * * Then you must * * *

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

* * * *

* * *

7. A polycarbonate The process Comply with the

production process unit wastewater stream requirements of

that generates process is a Group 1 or a Sec. 63.1106(a).

wastewater. Group 2 wastewater

stream.

8. A polycarbonate The maintenance Comply with the

production process unit wastewater contains requirements of

that generates maintenance organic HAP. Sec. 63.1106(b).

wastewater.

9. An item of equipment The item of Comply with the

listed in Sec. equipment meets the requirements in

63.1106(c)(1). criteria specified Table 35 of subpart

in Sec. G of this part.

63.1106(c)(1)

through (3) and

either (c)(4)(i) or

(ii).

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

* * * * *

Table 6. to Sec. 63.1103.--What Are My Requirements if I Own or Operate

a Polycarbonate Production New Affected Source?

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

If you own or operate * * And if * * * Then you must * * *

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

* * * *

* * *

6. A polycarbonate The process Comply with the

production process unit wastewater stream requirements of

that generates process is a Group 1 or a Sec. 63.1106(a).

wastewater. Group 2 wastewater

stream.

7. A polycarbonate The maintenance Comply with the

production process unit wastewater contains requirements of

that generates maintenance organic HAP. Sec. 63.1106(b).

wastewater.

8. An item of equipment The item of Comply with the

listed in Sec. equipment meets the requirements in

63.1106(c)(1). criteria specified Table 35 of subpart

in Sec. G of this part.

63.1106(c)(1)

through (3) and

either (c)(4)(i) or

(ii).

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

[[Page 63701]]

* * * * *

5. Section 63.1106 is added to subpart YY to read as follows:

Sec. 63.1106 Wastewater provisions.

(a) Process wastewater. Except as specified in paragraphs (a)(1)

through (a)(16) and paragraph (d) of this section, the owner or

operator of each affected source shall comply with the HON process

wastewater requirements in Secs. 63.132 through 63.148.

(1) When terms used in Secs. 63.132 through 63.148 are defined in

Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the

purposes of this subpart. For terms used in Secs. 63.132 through 63.148

that are not defined in Sec. 63.1101, the definitions in Sec. 63.101

and Sec. 63.111 shall apply.

(2) When the term chemical manufacturing production process unit,

or CMPU, is used in Secs. 63.132 through 63.148, the phrase ``a process

unit whose primary product is a product produced by a source category

subject to this subpart'' shall apply, for the purposes of this

subpart.

(3) Owners and operators of affected sources are not required to

comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further,

owners and operators are exempt from all requirements in Secs. 63.132

through 63.148 that pertain solely and exclusively to organic HAP

listed in Table 8 of subpart G of this part.

(4) When the determination of equivalence criteria in

Sec. 63.102(b) is referred to in Secs. 63.132, 63.133, and 63.137, the

alternative nonopacity emission standard provisions in Sec. 63.6(g)

shall apply, for the purposes of this subpart.

(5) When the HON storage vessel requirements for internal floating

roofs contained in Sec. 63.119(b) are referred to in

Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2),

and (b) shall apply, for the purposes of this subpart.

(6) When the HON storage vessel requirements for external floating

roofs in Sec. 63.119(c) and Sec. 63.120(b)(5) and (6) are referred to

in Sec. 63.133(a)(2)(iii) and (d), the requirements in

Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of

this subpart.

(7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall

apply instead of Sec. 63.133(e).

(8) When Sec. 63.143(c), (d), (e)(3) and Sec. 63.146(a) require the

submission of a request for approval to monitor alternative parameters

according to the procedures specified in Sec. 63.151(f) or (g), the

owner or operator requesting to monitor alternative parameters shall

follow the procedures specified in Sec. 63.1108(c) or as specified in a

referenced subpart.

(9) When Sec. 63.147(d) requires the owner or operator to keep

records of the daily average value of each continuously monitored

parameter for each operating day as specified in Sec. 63.152(f), the

owner or operator shall keep records of each continuously monitored

parameter for each operating day as specified in Sec. 63.998(b).

(10) When Sec. 63.132(a) and (b) refer to the ``applicable dates

specified in Sec. 63.100 of subpart F of this part,'' the applicable

compliance dates specified in Sec. 63.1102 shall apply, for purposes of

this subpart.

(11) Where Sec. 63.152(b) and/or the Notification of Compliance

Status is referred to in Secs. 63.132 through 63.148, the Notification

of Compliance Status requirements contained in Sec. 63.1110(a)(3) shall

apply, for purposes of this subpart.

(12) Where Sec. 63.152(c) and/or the Periodic Report requirements

are referred to Secs. 63.132 through 63.148, the Periodic Report

requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes

of this subpart.

(13) When Method 18 of appendix A to part 60 of this chapter is

specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or

Sec. 63.145(i)(2), either Method 18 or Method 25A may be used. The use

of Method 25A of appendix A to part 60 of this chapter shall comply

with paragraphs (a)(13)(i) and (a)(13)(ii) of this section.

(i) The organic HAP used as the calibration gas for Method 25A of

appendix A of part 60 of this chapter shall be the single organic HAP

representing the largest percent by volume of the emissions.

(ii) The use of Method 25A of appendix A of part 60 of this chapter

is acceptable if the response from the high-level calibration gas is at

least 20 times the standard deviation of the response from the zero

calibration gas when the instrument is zeroed on the most sensitive

scale.

(14) When the HON recordkeeping requirements for by-pass lines in

Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in

Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.

(15) When the Initial Notification requirements in Sec. 63.182(b)

are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c)

shall apply, for the purposes of this subpart.

(16) For the purposes of this subpart, Sec. 63.148(k) shall not

apply.

(b) Maintenance wastewater. The owner or operator of each affected

source shall comply with the HON maintenance wastewater requirements in

Sec. 63.105. When terms used in Sec. 63.105 are defined in

Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the

purpose of this subpart. For terms used in Sec. 63.105 that are not

defined in Sec. 63.1101, the definitions in Sec. 63.101 and Sec. 63.111

shall apply.

(c) Liquid streams in open systems. The owner or operator shall

comply with the provisions of Table 35 of subpart G of this part for

each item of equipment meeting the criteria specified in paragraphs

(c)(1) through (3) of this section and either paragraph (c)(4)(i) or

(ii) of this section, with the exceptions provided in paragraphs (c)(5)

and (6) of this section.

(1) The item of equipment is one of the types of equipment

identified in paragraphs (c)(1)(i) through (vii) of this section.

(i) Drain or drain hub;

(ii) Manhole (including sumps and other points of access to a

conveyance system);

(iii) Lift station;

(iv) Trench;

(v) Pipe;

(vi) Oil/water separator; and

(vii) Tanks with capacities of 38 m3 or greater.

(2) The item of equipment is part of an affected source that is

subject to this subpart.

(3) The item of equipment is controlled less stringently than in

Table 35 of subpart G of this part, and the item of equipment is not

otherwise exempt from the provisions of this subpart, or a referenced

subpart.

(4) The item of equipment:

(i) Is a drain, drain hub, manhole, lift station, trench, pipe, or

oil/water separator that conveys water with a total annual average

concentration greater than or equal to 10,000 parts per million by

weight of Table 9 compounds (as defined under this subpart) at any flow

rate; or a total annual average concentration greater than or equal to

1,000 parts per million by weight of Table 9 compounds (as defined

under this subpart) at an annual average flow rate greater than or

equal to 10 liters per minute.

(ii) Is a tank that receives one or more streams that contain water

with a total annual average concentration greater than or equal to

1,000 parts per million by weight of Table 9 compounds (as defined

under this subpart) at an annual average flow rate greater than or

equal to 10 liters per minute. The owner or operator shall determine

the characteristics of the stream as specified in paragraphs

(c)(4)(ii)(A) and (B) of this section.

[[Page 63702]]

(A) The characteristics of the stream being received shall be

determined at the inlet to the tank.

(B) The characteristics shall be determined according to the

procedures in Sec. 63.144(b) and (c).

(5) When terms used in Table 35 of subpart G of this part are

defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply,

for the purpose of this subpart. For terms used in Table 35 of subpart

G of this part that are not defined in Sec. 63.1101, the definitions in

Sec. 63.101 and Sec. 63.111 shall apply.

(6) When Table 35 of subpart G of this part refers to 40 CFR

63.119(e)(1) or (e)(2) in the requirements for tanks, the requirements

in Sec. 63.982(a)(1) shall apply, for purposes of this subpart.

(d) The compliance date for the affected sources subject to the

provisions of this section is specified in Sec. 63.1102.

[FR Doc. 99-30230 Filed 11-19-99; 8:45 am]

BILLING CODE 6560-50-P